Written Answers Nos. 469-488
469. Deputy Michael McGrath asked the Minister for Justice and Equality the Garda strength, broken down by rank and including Garda reserves, based at each station in a Garda district (details supplied) in tabular form; and if he will make a statement on the matter. [1322/19]
View answerAs 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 Garda strength of the Cork City Division by Rank from 2009 to 30 November 2018 as provided by the Garda Commissioner is available on my Department’s website through the following link.
Garda Numbers
The Garda Reserve strength by Station for the Cork Division, as on 30 November, the latest date for which figures are currently available, as provided by the Garda Commissioner from 2009 is available on my Department’s website through the link below.
Garda Reserve Strength
For more general information on Garda Facts and Figures please see the link below.
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
470. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for the new student scheme by a person (details supplied); when the application is likely to be concluded; and if he will make a statement on the matter. [1348/19]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it received an application for permission to reside in this State on 8 November 2018. I am further informed that INIS wrote to the person on 11 January 2019 seeking further information and documentary evidence. The Deputy will appreciate that applications are dealt with in chronological order and I understand that a decision will issue in due course in light of a response from the person concerned.
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.
471. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if all documentation has been furnished from the mutual legal assistance department following a request from Turkish authorities in the case of a person (details supplied); if such an official request has been received; and if he will make a statement on the matter. [1353/19]
View answerThe provision of mutual legal assistance by Ireland to another state is governed by the Criminal Justice (Mutual Assistance) Act, 2008, which provides for, amongst other things, a legislative basis for the 1959 Council of Europe Convention on Mutual Assistance, to which both Ireland and Turkey are signatories.
My Department is obliged to deal in confidence with requests for mutual legal assistance in criminal investigations. However, given the circumstances of this particular case, I can inform the Deputy that a request for Mutual Legal Assistance was received from the Turkish Authorities on 17 December 2018 and that the matter is receiving attention.
473. Deputy John McGuinness asked the Minister for Justice and Equality if stress interventions and-or counselling sessions are mandatory following traumatic incidents that involve gardaí at work, further to Question No. 295 of 16 October 2018, and his response regarding the analysing of the report and consultations with An Garda Síochána. [1382/19]
View answerI know the Deputy will agree that we should never underestimate the dangers the men and women of An Garda Síochána face and the traumatic incidents they encounter in the course of their duty. The Government is committed to supporting the work of An Garda Síochána and to ensuring that the organisation is properly resourced to carry out its important role in protecting our communities.
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for An Garda Síochána including the provision of employee welfare supports. As outlined in my response to the Parliamentary Question referred to by the Deputy, I am informed by the Commissioner that following a traumatic incident at work, the interventions and counselling provided are not mandatory for members of An Garda Síochána, however, the supports and services outlined in my previous response remain as stated.
The recently published Commission on the Future of Policing in Ireland report recognises that policing is an unusually stressful job and recommends that An Garda Síochána requires mandatory counselling for Gardaí following a traumatic incident.
On 18 December 2018 the Government endorsed the report of the Commission on the Future of Policing in Ireland (CoFPI) and agreed to accept all 157 key recommendations contained therein, including mandatory counselling and a Wellness programme.
On 18 December I also published a four year high-level implementation plan, “A Policing Service for the Future”, which will be overseen by a dedicated Programme Office in the Department of the Taoiseach as recommended in the Commission’s report. As outlined in the implementation plan, work on the development of a Wellness programme in An Garda Síochána will commence in Q2 2019.
474. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the progress made to date with the proposed Parole Bill 2016 that will place the parole board on a statutory footing; and if he will make a statement on the matter. [1455/19]
View answerAs the Deputy may be aware, the report of the Penal Policy Review Group, submitted to Government in November 2014, recommended that a Parole Board should be established on a statutory footing with the power to make decisions on sentences. Following the publication of the report, work commenced on a General Scheme of a Bill on the establishment of a Parole Board on a statutory basis.
In April 2017, the Government agreed to focus on the Private Members Parole Bill 2016 that had been brought forward by Deputy Jim O’Callaghan and to work in partnership with Deputy O’Callaghan to achieve this objective. It was also agreed that appropriate amendments to the Bill would be brought forward in consultation with Deputy O’Callaghan. The Bill passed Committee Stage in Dáil Éireann on 24 April 2017.
The Bill provides for establishing a Parole Board on a statutory basis to determine releases from prison of long sentence offenders. It sets out the criteria to be considered in deciding on the release of prisoners, which include risk to public safety and the extent to which release will facilitate the prisoner’s reintegration into society.
Substantial amendments to the Bill were developed in conjunction with Deputy O'Callaghan and, on 8 May 2018, the Government approved the drafting of these amendments by the Office of the Parliamentary Counsel to the Government. That drafting work is underway and my officials will continue to engage with Deputy O'Callaghan throughout this process.
475. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an appeal for a long-stay visa in the case of a person (details supplied); when the appeal will be concluded; and if he will make a statement on the matter. [1495/19]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that the decision referred to has not yet been finalised. It is not possible to give a definitive date but the Deputy can be assured the applicant will be advised when a decision is 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.
476. Deputy Michael McGrath asked the Minister for Justice and Equality the number of short-stay C visa applicants that await a decision; the expected waiting period from the submission of an application to the decision date; and if he will make a statement on the matter. [1518/19]
View answerDecisions regarding the grant or refusal of visas are made in a number of INIS Visa Offices overseas, the INIS Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs and Trade which process certain visa applications under delegated sanction from my Department.
The processing times for visa decisions are published on the Visa pages of each Visa Office and Embassy website. The table underneath sets out the dates of reception for short-stay ‘C visa’ applications currently being processed in the Dublin Visa Office, and the number of those applications currently on hand.
|
Purpose of Visa Applications |
Processing date in the Dublin Visa Office |
Number of applications on hand (as of 14 January) |
|
Visit |
04 January 2019 |
95 |
|
Business |
04 January 2019 |
5 |
|
Study |
21 November 2018 |
5 |
|
Join Family (EU Free Movement) |
See note below |
|
|
Other* |
04 January 2019 |
20 |
*Includes training; exam; conference/event; performance/tournament; and sundry applications.
I am also advised by INIS that the visa service is experiencing an increase in the number of visa applications across most categories, in line with increased economic activity generally. Notwithstanding this, processing times are on a par with, and in many cases, better than last year.
The business target for processing 'short-stay C' visas is within eight weeks (current processing time in Dublin for most categories is within two weeks). However, the processing time at each office and location worldwide is determined by a number of factors such as the volume and complexity of applications, whether investigation is required or not, individual circumstances, peak application periods, seasonal factors, and the resources available. While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result.
In relation to applications under the Free Movement Directive (2004/38/EC), there had been an exponential increase from the second quarter of 2015 in the number of such applications. That gave rise to a caseload of around 10,500 applications which had to be assessed very carefully to ensure that any fraudulent applications or potential abuses of the Directive were detected and dealt with appropriately. Considerable progress has been made in that regard with the majority of these applications now processed.
The central concern in deciding on visa applications, as with all visa services worldwide, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.
477. Deputy Michael McGrath asked the Minister for Justice and Equality his plans to introduce a different visa system for persons visiting here on business as opposed to the system involving the current short-stay C visa, which also applies to certain holidaymakers; and if he will make a statement on the matter. [1519/19]
View answerAll short stay visas are referred to as ‘C’ visas, and are issued for a number of different reasons, including tourism, business and family reasons.
Persons from visa-required countries seeking to enter the State for business purposes can apply for a short stay business visa, which enables them to travel to Ireland and work within one 14 day period. Where appropriate, a multi-entry visa can be granted for persons regularly coming to the State for business purposes. For persons seeking to conduct business in the State for a period in excess of 14 days, and have met certain criteria, there are specific options available, including a permission under the Atypical Work Scheme operated by the Irish Naturalisation and Immigration Service (INIS) or for an Employment Permit through the Department of Business, Enterprise & Innovation.
Furthermore, the British Irish Visa Scheme (BIVS), underpinned by a Memorandum of Understanding drawn up between my Department and the UK Home Office, also applies to business travellers on a short stay visit. The BIVS visa allows a short-stay visitor to visit both Ireland and the UK (and the North and South of the Island) without the need for two separate visas. While a BIVS visa is only currently available to national residents of India and the People’s Republic of China, it is intended to extend its availability to other countries on a phased basis following discussions with the UK authorities.
The BIVS builds on the success of Ireland's Short Stay Visa Waiver Programme which was first introduced in 2011, and extended in October 2016 for a further five years to 31 October, 2021.
The Programme enables nationals of 17 countries to travel to Ireland for a short stay using a valid UK visit visa. The countries covered under the programme are: Bahrain, Belarus, Bosnia and Herzegovina, India, Kazakhstan, Kuwait, Montenegro, Oman, People's Republic of China, Qatar, Russian Federation, Saudi Arabia, Serbia, Thailand, Turkey, Ukraine, Uzbekistan.
At present, there are no plans to introduce further changes to the visa regime for persons travelling to the State for business purposes which is designed to be as flexible as possible to meet requirements.
478. Deputy Róisín Shortall asked the Minister for Justice and Equality the legislation that governs the regulation and registration of private security firms operating on behalf of a bailiff or the courts; the progress of the working group that was established to examine the issue; and if he will make a statement on the matter. [1536/19]
View answerThe law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder. Sheriffs or County Registrars acting as Sheriffs are responsible to the Court for the enforcement of court orders. Sheriffs are officers of the court and are independent in the exercise of their functions and duties under statute and rules of court.
The Enforcement of Court Orders Acts 1926 to 1940 also govern the role, function and powers of Court Messengers who support Sheriffs (or County Registrars acting as Sheriffs) in the enforcement of court orders. Every Court Messenger when assisting in or executing an execution order is furnished with a warrant in writing authorising the Court Messenger to execute or take part in the execution of the execution order.
The Deputy will appreciate that I have no role in these matters but I am informed that the enforcement of a court order is considered on a case-by-case basis and where additional support may be required, for example, where the court has granted an order for possession, the Sheriff assesses the risks involved and makes his/her recommendations to the bank or lending institution’s solicitor as to what additional security arrangements may be necessary. I understand that these additional personnel are sourced, contracted and paid for by the bank or lending institution and the Sheriff then appoints them as bailiffs. The employment of bailiffs in these circumstances is governed by section 2 of the Enforcement of Law (Occasional Powers) Act, 1924.
I convened a Working Group to examine the administrative, legislative, resource, security and other matters necessary to bring the regulation and licensing of security personnel assisting those enforcing court orders within the remit of the Private Security Authority. I expect to receive a report from the group, which is chaired by a senior official in my Department, shortly. I will consider the legislation that governs the regulation and registration of private security firms operating on behalf of a bailiff or the courts further when this report is received and take all the necessary and appropriate steps to ensure the legislation is robust and comprehensive.
479. Deputy Peadar Tóibín asked the Minister for Justice and Equality if additional Criminal Assets Bureau are officers being deployed to County Meath in view of the almost doubling of active CAB targets in the county in 2018; and if he will make a statement on the matter. [1552/19]
View answerThe Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. Its primary objective is to identify the proceeds of criminal activities and deprive people of the benefits of such criminal proceeds. The CAB operates nationally and is supported in its work by a network of approximately 380 trained asset profilers. These asset profilers work hand-in-hand with local Garda management and communities and I am pleased to say this has proved extremely effective.
I am informed by CAB that four additional Gardaí attached to the Meath Garda Division were trained as Divisional Asset Profilers during 2018. This brings to eight the number of Divisional Asset Profilers attached to the Meath Division, representing a 100% increase.
I can assure the Deputy that the Government is committed to ensuring that CAB is adequately resourced to deliver on its statutory functions.
480. Deputy Clare Daly asked the Minister for Justice and Equality the process he has engaged in by which a panel of barristers evaluates allegations of corruption in protected disclosures by serving and former gardaí; the number of such cases; the process to appoint the barristers; the terms of reference; if permission has been sought from An Garda Síochána on its willingness to participate; and the relationship between this process and the Disclosures Tribunal. [1556/19]
View answerUnder the Protected Disclosures Act 2014 a protected disclosure refers to the disclosure of relevant information which, inter alia, tends to show one or more relevant wrongdoings, including commission of an offence or failing to comply with a legal obligation. As the Deputy will appreciate, not all protected disclosures involve allegations of corruption. It is not necessary for a person to cite the 2014 Act in order for correspondence to be a protected disclosure. An organisation in receipt of correspondence makes an assessment under the 2014 Act to determine if it should be treated as a protected disclosure.
The Act allows members of An Garda Síochána to make a protected disclosure to one or more of a number of persons, including to the Minister of the day. Since 2014, my Department has received 24 letters from current or former members or employees of An Garda Síochána in relation to matters which might be regarded as a protected disclosure. The Deputy will be aware that in 2016 my predecessor referred two of these disclosures for assessment by a retired High Court Judge and this resulted in the Government setting up the Disclosures Tribunal.
I have, in consultation with the Department of Public Expenditure and Reform and the Attorney General, established a panel of counsel to assess disclosures made to me by members or former members of An Garda Síochána. The panel is to provide independent advice to my Department on how each case should be treated and the panel has recently commenced this work.
In order to ensure an independent assessment of these matters, counsel have been instructed to assess all relevant documentation relating to the allegations, without prejudice, and to make whatever recommendations they see fit.
There is no timeframe specified in the Act for the assessment of protected disclosures. The Deputy will appreciate that, by their very nature, this correspondence may involve varying degrees of complexity and careful consideration of each is of the utmost importance. However, I am anxious that there will be no unnecessary delays in carrying out the assessment and following through on any recommended actions.
As the Deputy will appreciate, the preservation of anonymity is paramount to ensuring the process is maintained in such a manner that those who wish to bring forward concerns may do so in good faith and without any fear of retribution. As has been advised to those whose cases have been referred to the panel, this process is not intended to act as an investigative tool but rather a mechanism whereby my Department can receive independent advice regarding the most appropriate manner in which to deal with the concerns outlined. On this basis, the question of An Garda Síochána participating in this process does not arise. My officials have, however, sought the permission of the person who made the disclosure to refer it to the panel.
Finally, I can assure the Deputy that this panel is not intended to interfere in any way with the work of the Disclosures Tribunal.
482. Deputy Clare Daly asked the Minister for Justice and Equality the number of Irish Sign Language, ISL, interpreting hours provided to the Irish Prison Service in each of the years 2015 to 2018, inclusive. [1604/19]
View answerI wish to inform the Deputy that it has not been possible in the timeframe available to collate the information sought for the period in question. I will revert to the Deputy as soon as this information has been compiled.
483. Deputy Tony McLoughlin asked the Minister for Justice and Equality his plans to launch a new community CCTV system grant scheme that contains a much larger maximum allocation allowance in view of the difficulties and low uptake of the previous schemes; and if he will make a statement on the matter. [1607/19]
View answerThe 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.
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.
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 28 applications to the scheme. 20 applications have been approved, involving approved grants totalling more than €500,000. A further 5 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.
In establishing the grant-aid scheme, the Department consulted broadly, including with the Office of the Data Protection Commissioner, An Garda Síochána, the Office of the Attorney General and the Local Government Management Agency. The Department continues to actively engage with all relevant parties, reflecting the reality that all relevant parties have the same objective – safer and more secure communities. With this in mind, my Department keeps all aspects of the scheme under review, and is currently further streamlining the application documentation.
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, further details are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups through a dedicated email address, communitycctv@justice.ie.
484. Deputy John Curran asked the Minister for Justice and Equality the number of cases lodged with and not settled by the Criminal Injuries Compensation Tribunal as at 31 December 2018; and if he will make a statement on the matter. [1621/19]
View answer485. Deputy John Curran asked the Minister for Justice and Equality the number of cases settled by the Criminal Injuries Compensation Tribunal in 2018; the cost of these settlements; and if he will make a statement on the matter. [1622/19]
View answerI propose to take Questions Nos. 484 and 485 together.
The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation.
I can advise the Deputy that in 2018 a total of €6,442,241.90 compensation was paid to 18 applicants under the Scheme of Compensation for Personal Injuries Criminally Inflicted.
Because of the manner in which cases are recorded, in particular applications which are received but not actively pursued by the applicant, it is not possible at this time to provide the Deputy with the number of active cases not settled by the Tribunal. I have requested an assessment of the caseload of the Tribunal and have asked my officials to examine this assessment and to obtain the views of the Criminal Injuries Compensation Tribunal in this regard. I will contact the Deputy when this exercise has been completed.
I can further advise the Deputy that because of the length of time since the Scheme was last revised, my Department has submitted a request for a review to the Law Reform Commission (LRC) for inclusion in its Programme of Law Reform.
486. Deputy Róisín Shortall asked the Minister for Justice and Equality the resources set aside for the operation of the Garda anti-corruption unit; the benchmarks that will be used to ensure it meets international best practice standards when investigating corruption; and if statistics will be gathered and published on the number of allegations and-or reports, detections, investigations and prosecutions undertaken or supported by the unit. [1640/19]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána and I, as Minister, have no direct role in the matter.
I have requested the specific information sought by the Deputy from the Garda Commissioner and I will write to her on receipt of same.
487. Deputy Willie O'Dea asked the Minister for Justice and Equality the number of marked and unmarked Garda cars and vans attached to each Garda district in the Limerick division as of 31 December 2018; and if he will make a statement on the matter. [1647/19]
View answerThe Deputy will be aware that there has been very significant investment in Garda resources across the State in recent years. The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet, in addition to the investment of almost €30 million in the period 2013 to 2015. In total in the period 2013 - 2017, almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
Decisions in relation to the provision and allocation of Garda vehicles across the various Garda divisions are a matter for the Commissioner in light of his identified operational demands and the availability of resources. As Minister, I have no direct role in that matter. I understand however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure their optimum use. Responsibility for the efficient deployment of all official vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between districts and stations as required by operational requirements.
I am informed by the Garda authorities that the following table sets out detail on the vehicles assigned to Limerick Divisional Fleet as at 31 December 2018, the latest date for which figures are currently available.
|
Cars |
Vans |
|||||
|
Marked |
Unmarked |
Total |
Marked |
Unmarked |
Total |
|
|
LIMERICK DIVISION |
32 |
29 |
61 |
10 |
8 |
18 |
|
Bruff District |
2 |
1 |
3 |
2 |
0 |
2 |
|
Henry Street, Limerick District |
13 |
21 |
34 |
3 |
8 |
11 |
|
Newcastlewest District |
10 |
3 |
13 |
3 |
0 |
3 |
|
Roxboro Road District |
7 |
4 |
11 |
2 |
0 |
2 |
488. Deputy Willie O'Dea asked the Minister for Justice and Equality the number of gardaí who took the Garda heavy goods vehicle, HGV, course in 2018; the duration of the course; the frequency with which the course is held; and if he will make a statement on the matter. [1648/19]
View answerAs you will appreciate, it is the Garda Commissioner who is responsible for An Garda Síochána including the training of the members and staff and I, as Minister, have no direct role in the matter.
I am informed by the Garda Commissioner that 9 Garda members underwent the HGV Course (Class C1) in 2018. The duration of this training course is 5 days and HGV Courses are delivered based on operational demand.
