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Tuesday, 2 Apr 2019

Written Answers Nos. 213-231

Paramilitary Groups

Questions (213)

Peadar Tóibín

Question:

213. Deputy Peadar Tóibín asked the Minister for Justice and Equality if the Islamic State of Iraq and Syria, ISIS, or the paramilitary groups involved in Syria and Iraq are proscribed organisations here; and if it is a criminal offence to be a member of these organisations and to be involved in atrocities committed by these paramilitary organisations. [15011/19]

View answer

Written answers

As the Deputy will appreciate, the Government attaches the highest priority to the security of the State and the people.  Combating terrorism, whatever its origin, remains a primary and priority task of An Garda Síochána, supported where necessary by the Defence Forces. 

The State has a strong body of laws in place to counter terrorism and sustain our national security.  The primary body of law in this regard is the Offences Against the State Acts 1939-1998 and the Criminal Law Act 1976 which were enacted and have been applied to combat the threat from domestic terrorism and subversion.  The Criminal Justice (Terrorist Offences) Acts 2005-2015 were enacted to have particular application to international terrorism and give effect to a number of international legal measures to combat terrorist activities.  These laws are supported directly by a range of provisions in the general criminal law aimed at supporting the authorities to combat serious crimes.

The Criminal Justice (Terrorist Offences) Act 2005 makes explicit provision to ensure that any organisation which engages in terrorist activity or terrorist-linked activity is an unlawful organisation and that the provisions of the Offences Against the State Acts 1939-1998 and the Criminal Law Act 1976 have application to it.

I want to assure the House that the State will use all means at its disposal under the law to protect the people from harm and to ensure the State’s security.  The law in this area is kept under active, ongoing review.

Naturalisation Applications

Questions (214)

David Cullinane

Question:

214. Deputy David Cullinane asked the Minister for Justice and Equality the status of Irish nationality for a person (details supplied); and if he will make a statement on the matter. [15027/19]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible. If further documentation is required it will be requested from the applicant in due course.

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.

UN Convention on the Rights of Persons with Disabilities

Questions (215)

Róisín Shortall

Question:

215. Deputy Róisín Shortall asked the Minister for Justice and Equality when Ireland will sign and ratify the optional protocol to the UN Convention on the Rights of Persons with Disabilities; the reason for the delay; and if he will make a statement on the matter. [15056/19]

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Written answers

As the Deputy will be aware, Ireland ratified the Convention on the Rights of Persons with Disabilities (CRPD) following a cabinet decision on the 30th of January 2018. Following the passing of a resolution in the Dáil, the instrument of ratification was deposited with the UN on the 20th of March 2018 and the Convention came into force for Ireland on the 19th of April 2018.  

The Convention and the Optional Protocol cover a broad range of commitments some of which require substantive cultural change such as those relating to de-congregation, personalised budgets and deprivation of liberty.

The Government’s approach to meeting the terms of the Convention is one of sustained and ongoing improvement. Work is continuing on the reforms needed for an optimum level of compliance with the Convention's requirements. Accordingly, the Optional Protocol is not being ratified at this time but will be ratified at the earliest opportunity following completion of Ireland's first reporting cycle, which will identify any additional actions needed to ensure the highest possible level of compliance with the Convention.

Animal Welfare

Questions (216)

David Cullinane

Question:

216. Deputy David Cullinane asked the Minister for Justice and Equality the measures taken to enforce laws regarding animal welfare; the number of prosecutions relating to abuses of animals; and if he will make a statement on the matter. [15063/19]

View answer

Written answers

I must inform the Deputy that information regarding the number of prosecutions for abuses of animals is not held by my Department.  Under Irish law, the Director of Public Prosecutions (DPP) operates independently of me and my Department, and decides whether or not someone should be prosecuted for a crime, following a Garda investigation.

As the Deputy is aware, the Animal Health and Welfare Act 2013 provides a modern and robust framework for dealing with issues relating to animal welfare. It also updated and replaced approximately 40 items of primary legislation in the area of animal welfare and health dating back over 100 years.   

I am advised that An Garda Síochána liaises and works closely with both Local Authorities and the local offices of the Society for the Prevention of Cruelty to Animals. All complaints of cruelty to animals made to An Garda Síochána are subject to investigation, with an Investigation File submitted to the Director of Public Prosecutions (DPP) who will then decide if a prosecution should take place, and for what offence.

I can also advise the Deputy that since the commencement of the new Bachelor of Arts Degree Programme in Applied Policing Training in September 2014, modules on the Animal Health and Welfare Act 2013 and the Control of Horses Act 1996, are provided to Trainee/Probationer Gardaí, both while at the Garda College and during Phase 2 while assigned to their designated training Garda Stations across the country. The relevant legislation is also available to all Garda staff on the internal Garda Portal. The legislation is discussed and, when available, expert, external, speakers address the Trainee / probationers.

I understand that these Acts are also on the syllabi for the promotion examinations to the ranks of both Sergeants and the Inspectors.

Witness Intimidation

Questions (217, 218, 219)

Clare Daly

Question:

217. Deputy Clare Daly asked the Minister for Justice and Equality if An Garda Síochána maintain separate figures for prosecutions taken under section 41 of the Criminal Justice Act 1999 as they relate to the intimidation of jurors and witnesses respectively; if not, if he will instruct An Garda Síochána to do so; and if he will make a statement on the matter. [15092/19]

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Clare Daly

Question:

218. Deputy Clare Daly asked the Minister for Justice and Equality the number of prosecutions to date on an annual basis under section 41 of the Criminal Justice Act 1999 regarding jurors or witness intimidation. [15093/19]

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Clare Daly

Question:

219. Deputy Clare Daly asked the Minister for Justice and Equality the number of cases that have been prosecuted in the Special Criminal Court under section 8 of the Criminal Justice Act 2009 since its enactment. [15094/19]

View answer

Written answers

I propose to take Questions Nos. 217 to 219, inclusive, together.

I must inform the Deputy that the specific information being sought in relation to numbers of prosecutions is not available within my Department.

As the Deputy is aware, the intimidation of a witness or juror is an offence pursuant to Section 41 of the Criminal Justice Act 1999, which specifies the offence as harming, threatening or menacing, or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with.

Following the enactment of the Criminal Justice (Amendment) Act 2009, the offence is punishable on indictment by a fine or a term of imprisonment of up to 15 years.

With regard to the Special Criminal Court, I am advised that the Courts Service can only provide statistics on convictions. They do not hold statistics on prosecutions as they are a matter for the Director of Public Prosecutions (DPP). The Deputy will be aware that, under Irish law, the DPP operates independently of me and my Department, and decides whether or not someone should be prosecuted for a crime, following a Garda investigation.

However, I understand that the DPP does publish annual reports on their website. These reports contain, inter-alia, information about the numbers of prosecutions in a given year and may be of some assistance to the Deputy. Further details can be found on the DPP's website: https://www.dppireland.ie/publications/.

As to whether An Garda Síochána maintain separate figures for prosecutions under section 41 of the Criminal Justice Act 1999, the Deputy will appreciate that the manner in which records and statistics are maintained within An Garda Síochána is solely a matter for the Garda Commissioner and his management team, and I have no role in this regard. However, to be of assistance to the Deputy I have requested a report from the Garda authorities and I will contact the Deputy again when this information is to hand.

Courts Service Data

Questions (220)

Clare Daly

Question:

220. Deputy Clare Daly asked the Minister for Justice and Equality the percentage of criminal cases tried by jury in each of the years 2012 to 2017. [15095/19]

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Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that statistics in relation to the hearing of criminal cases are set out in the Courts Service Annual Reports, as available at the website of the Courts Service.  The Courts Service has indicated that it is not in a position to provide the additional information as requested by the Deputy.

Direct Provision System

Questions (221)

Mary Lou McDonald

Question:

221. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the policy on direct provision residents’ voting rights, access to election related materials and the right to meet with candidates in the public areas of centres. [15155/19]

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Written answers

The Department of Justice and Equality, through the Reception & Integration Agency (RIA), has always facilitated and encouraged the registration of and voting by protection applicants in local elections.  Residents are informed with regard to their eligibility to vote in particular elections and on arrangements for registering as voters.   

The Office for the Promotion of Migrant Integration within my Department has supported a number of events focused on encouraging political participation of migrants in local politics.

Multilingual material has been developed for voter registration information and for the local and European elections. This information is accessible and available on the Department of Housing, Planning and Local Government website.

RIA has recently revised its policy in relation to canvassing and political activity in accommodation centres. This is in line with actions in the Migrant Integration Strategy 2017-2020 which focus on efforts to ensure that the political system becomes more representative of the broader population. 

In the 30 day period leading up to a referendum or election (local, national or European) in which residents may be eligible to vote, canvassers and political representatives may leave material for display in a designated area, e.g. on the public notice board/tables in the accommodation centre for the information of residents.  

Canvassers and candidates may arrange to meet by appointment with residents in communal spaces, in keeping with the agreed procedures for visitors to centres as outlined in ‘RIA House Rules & Procedures - Revised January 2019’. Centre managers should put measures in place to facilitate such visits.  

In instances where a centre is comprised of individual accommodation units and includes mobile homes, houses and self-catering apartments, candidates and canvassers may be facilitated where they wish to call ‘door to door’. However, there is no requirement on the part of a resident to engage with any candidate unless they choose to do so.  

Centres should display notices in prominent locations throughout the accommodation centre within the 30 day period leading up to a referendum or local election indicating that:-  

A referendum/local elections is being held with the polling date specified;

Residents in accommodation centres with the right to vote in local elections may be approached by candidates and/or canvassers on their behalf;

They are not required to engage with any candidate and/or canvasser;

It is the responsibility of each resident to ensure that they are registered to vote within an appropriate time frame.

Given the particular nature of the accommodation provided in centres, there are factors that limit unrestricted access by candidates to the private living quarters of residents. These include the communal nature of the accommodation system and the many practical and logistical difficulties that would arise for centre managers in providing unsupervised access in circumstances where families and children live together. 

The general policy ensures that there are no restrictions placed on residents’ voting rights, or on their rights to access whatever information that candidates wish to convey to them, or on any rights to meet with candidates in the public areas of centres.  It also ensures privacy in the residential units and the on-going protection of children in the centre.

There is an opportunity for the Friends of the Centre group at each centre to provide information to residents on how to register to vote and on the importance of local government within the political structure of the State.  The Friends of the Centre groups can also raise awareness in an informal way about the importance of voting.  

 The revised policy has been circulated to all accommodation centres and the policy is available on the RIA's website www.ria.gov.ie.

Naturalisation Applications

Questions (222)

Bernard Durkan

Question:

222. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details suppled) who wishes to become an Irish citizen and who holds a Dutch passport; and if he will make a statement on the matter. [15157/19]

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Written answers

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.  A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation if satisfied that certain statutory conditions are fulfilled.  The conditions are that the applicant must:

-  be of full age, or a minor born in the State,

-  be of good character,

-  have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years,

-  intend in good faith to continue to reside in the State after naturalisation,

-  have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

   (i)  made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

   (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

Section 15A provides that, notwithstanding the above, where the application is based on being the spouse or civil partner of an Irish citizen the requirements include that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total).  Section 15A(2) provides that the Minister may, in his absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if he is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. 

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.

Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available on the INIS website at ww.inis.gov.ie.

Deportation Orders Re-examination

Questions (223)

Bernard Durkan

Question:

223. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application pursuant to section 3(11) of the Immigration Act 1999 (as amended) in the case of a person (details supplied); when matters are likely to conclude; and if he will make a statement on the matter. [15187/19]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a deportation order made on 12 November 2018.

The person concerned was deported from the State on 28 March 2019.  The effect of the deportation order is that person concerned must remain outside the State.

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.  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 longer awaited.

Departmental Funding

Questions (224)

Seán Haughey

Question:

224. Deputy Seán Haughey asked the Minister for Justice and Equality the details of a recent grant of €60,000 provided to an organisation (details supplied); and if he will make a statement on the matter. [15223/19]

View answer

Written answers

The Deputy will appreciate that as my Department did not provide the grant funding to the organisation in question, I cannot comment on the details of the funding.

Asylum Applications

Questions (225)

Bernard Durkan

Question:

225. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for leave to remain in the case of a person (details supplied); and if he will make a statement on the matter. [15251/19]

View answer

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.

Missing Persons

Questions (226)

James Browne

Question:

226. Deputy James Browne asked the Minister for Justice and Equality the position regarding optimal communication and coordination during searches for missing persons which involve a multi-agency approach in addition to the help of volunteers; and if he will make a statement on the matter. [15274/19]

View answer

Written answers

The Deputy will appreciate that I have no role, in my capacity as Minister for Justice and Equality, in relation to operational matters, such as the matter referred to in the Deputy's question.

However, I am informed by An Garda Síochána that every report of a missing person made is appropriately assessed, with a view to determining the level of risk and degree of urgency which arise with regard to the person(s) believed to be missing. I am further informed that the nature of communication and coordination in a search for a missing person, or persons, will be dictated by prevailing circumstances.

On receipt of notification of a person being missing it is necessary for An Garda Síochána to establish:

the need for a search;

the purpose to be achieved by a search; and

the extent of search, if required.

In making decisions regarding action to be taken, careful consideration is given to a number of factors, including:

- any factors which may render the missing person as particularly vulnerable, e.g. dementia, depression, age;

- the environment in which the search is to be conducted, i.e. urban, rural, mountainous, water-based;

- any previous missing person-related event associated with the person in question;

- the level of resources available to launch a quick and effective search operation; and

- the appropriate resources/assets to be used in the search, including whether specialist personnel and/or equipment is required.

These factors will be influential in determining the method of the search to be used.

The planning process involves consideration of all relevant evidence, information and intelligence, for the purpose of determining the nature of search operation to be undertaken. Typically, a family liaison officer (FLO) will be appointed and may play a crucial role in ensuring relevant information from family members is considered when deciding on an appropriate search plan.

Properly planned searches are a central factor in achieving the best possible outcome, in circumstances where one or more person is missing. It is, therefore important that a formal planning process is applied to all searches, irrespective of the extent of search required.

The Garda Superintendent (District Officer) of the location from which a person is missing will have particular responsibility to ensure that any search undertaken is done in a lawful and appropriate manner, and involves utilisation of necessary resources and techniques. The potential impact of a search on a community will also be considered, which will help in developing an appropriate communication strategy. When planning a search, An Garda Síochána engages with other relevant State agencies and with civilian volunteer groups, such as mountain rescue teams or diving clubs.

Through the facility of the Garda Press Office, An Garda Síochána will also engage in an appropriate media strategy, designed to ensure that cooperation from the general public is achieved in a manner that maximizes the potential to locate a missing person as soon as is possible.

Residency Permits

Questions (227)

Bernard Durkan

Question:

227. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [15298/19]

View answer

Written answers

I 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.  This decision will be made as soon as possible.

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.

National Traveller-Roma Integration Strategy

Questions (228)

Mattie McGrath

Question:

228. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of the National Traveller and Roma Inclusion Strategy 2017 to 2021 steering committee specifically the sub-committees on education and the mediation and feuding sub-group; the number of times each of the sub-groups have met; and if he will make a statement on the matter. [15309/19]

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Written answers

As the Deputy is aware, the National Traveller and Roma Inclusion Strategy (NTRIS) was published in June 2017.  I chair the quarterly meetings of the NTRIS Steering Group which has been tasked with the implementation of the actions contained in the strategy. Since this launch, the NTRIS Steering Group has met seven times.  The next meeting is scheduled for 10 April 2019.  To date, work has begun on 135 of the 149 actions included in the Strategy.  The Steering Group will continue to monitor progress on these actions and to focus on actions where progress has not yet commenced. 

The Education Sub Committee has been established to focus on the education-related actions in the NTRIS. This group is made up of members of the Traveller and Roma organisations, the Department of Education and Skills, the Department of Children and Youth Affairs (including Tusla) and the Department of Justice and Equality. It has met 11 times.  A smaller more focused group, that is the NTRIS Pilot Oversight Group, has also been established to work on a pilot project to trial a new approach to address the retention of Traveller and Roma children in education. They have met on six occasions.

The Mediation/Feuding Subgroup is comprised of the Department of Justice and Equality, An Garda Síochána and representatives of the Traveller organisations.  The subgroup is implementing Action 138 to bring an end to feuding definitively over a period of time. The subgroup has met three times. This will include development and embedding of mediation services capacities in local Traveller organisations.

Interdepartmental Working Groups

Questions (229)

Mattie McGrath

Question:

229. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of the work of the surrogacy interdepartmental group; the number of times it has met; the recommendations or proposals it has made; and if he will make a statement on the matter. [15310/19]

View answer

Written answers

The Surrogacy Interdepartmental Group is comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Department of Children and Youth Affairs and the Department of Foreign Affairs and Trade, together with the Office of the Chief State Solicitor and the Office of the Attorney General. The Group first met in 2011 to jointly develop a guidance document for persons intending to enter into surrogacy arrangements outside the State. The guidance document on "Citizenship, Parentage, Guardianship and Travel Document Issues in relation to Children Born as a Result of Surrogacy Arrangements Entered Into Outside the State" was published in 2012 and is available to view on my Department's website and the website of the Department of Foreign Affairs and Trade.

The Group met in 2011 and 2012 in relation to the guidance document and has met once a year since 2016 to discuss issues arising in family law cases before the courts to which the State is a notice party and issues relating to the guidance document. The Deputy will appreciate that I cannot provide details of any recommendations reached by the Group in relation to individual family law cases to which the State is a notice party as these are covered by both the in camera rule and legal advice privilege.

Data Protection

Questions (230)

Seán Fleming

Question:

230. Deputy Sean Fleming asked the Minister for Justice and Equality the number of court prosecutions initiated by the Data Protection Commission in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if he will provide an age analysis of these outstanding fines; and if he will make a statement on the matter. [15337/19]

View answer

Written answers

The Deputy will be aware that, in accordance with the relevant provisions of the Data Protection Act 2018, the Data Protection Commission is independent in the exercise of its functions. 

I am advised by the Data Protection Commission that, during the period referred to by the Deputy, prosecutions were conducted pursuant to the Data Protection Acts 1988 and 2003 and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, S.I. No. 336 of 2011 (“the ePrivacy Regulations”).

The Deputy will also be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

I can also confirm that the arrangements for collecting fines outstanding since 2016 are governed by the provisions of the Fines (Payment and Recovery) Act 2014.

In order to be of assistance to the Deputy, I have made enquiries with the Data Protection Commission and the Courts Service and have been provided with the following information:  

2014 

In 2014, six companies, one individual and two company directors were prosecuted, as set out in the following table:

Person Prosecuted

Number of Fines Imposed

Value of Fines Imposed

Total Fine

One company

5

€1,500

€7,500

One company

1

€500

€500

One company

1

€100

€100

One company

4

€1,500

€6,000

One company

1

€75

€75

One company

2

€1,500

€3,000

One individual

2

€2,500

€5,000

One company director

1

€1,500

€1,500

One company director

1

€1,500

€1,500

Total Value of Fines Imposed 2014

 

 

€25,175

All fines imposed in 2014 have been collected.  

2015 

In 2015, four companies were prosecuted as set out in the following table:

Person Prosecuted

Number of Fines Imposed

Value of Fines Imposed

Total Fine

One company

2

€1,000

€2,000

Three companies (Probation of Offenders Act applied)

-

-

-

Total Value of Fines Imposed 2015

 

 

€2,000

All fines imposed in 2015 have been collected.

2016 

In 2016, one individual, ten companies and one company director were prosecuted, as set out in the following table:

Person Prosecuted

Number of Fines Imposed

Value of Fines Imposed

Total Fine

One individual

4

€1,000

€4,000

One company

5

€500

€2,500

One company

1

€100

€100

One company

2

€2,500

€5,000

Seven companies (Probation of Offenders Act applied)

-

-

-

One company director

10

€500

€5,000

Total Value of Fines Imposed 2016

 

 

€16,600

Amount Outstanding as at 2 April 2019

 

 

€7,500

2017

In 2017, seven companies and one company director were prosecuted, as set out in the following table:

Person Prosecuted

Number of Fines Imposed

Value of Fines Imposed

Total Fine

One company

10

€1,000

€10,000

One company

2

€1,500; €1,000

€2,500

One company

2

€500

€1,000

One company

1

€500

€500

Three companies (Probation of Offenders Act applied)

-

-

-

One company director

10

€1,00

€10,000

Total Value of Fines Imposed 2017

 

 

€24,000

Amount Outstanding as at 2 April 2019

 

 

€20,000

2018

In 2018, eight companies were prosecuted, as set out in the following table:

Person Prosecuted

Number of Fines Imposed

Value of Fines Imposed

Total Fine

One company

4

€1,000

€4,000

One company

2

€1,000

€2,000

Six companies (Probation of Offenders Act applied)

-

-

-

 

 

 

 

Total Value of Fines Imposed 2018

 

 

€6,000

Amount Outstanding as at 2 April 2019

 

 

€3,040

Departmental Communications

Questions (231)

Micheál Martin

Question:

231. Deputy Micheál Martin asked the Minister for Justice and Equality if his Department has undertaken procurement processes in relation to consultancy agencies, media or otherwise, to assist it with formulating or contributing to policy messaging on social media or videos relating to departmental strategies or policies; and if he will make a statement on the matter. [15393/19]

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Written answers

The formulation and development of social media content by my Department is generally undertaken internally by the Department’s Press and Communications Office, in consultation with relevant policy Divisions as appropriate.  

The only exception to this in recent years is ‘What Would You Do?’, the national awareness campaign around domestic violence. This three year campaign, led by Cosc - The National Office for the Prevention of Domestic, Sexual and Gender-based Violence - formed the first half of a six-year, multi-media national awareness campaign under the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021. The second half of this campaign, focusing on awareness of sexual violence, will launch this year.  

Procurement processes were undertaken with four consultancy agencies in relation to the domestic violence campaign. The details of these agencies are as follows:

- In 2016 Cosc procured Empirica to act as Pitch Consultants to support the procurement process for the national awareness campaign.

- In 2016, and following a rigorous EU tendering process, PHD Media Ireland and TBWA\Dublin were awarded contracts to provide Media Planning and Buying Advertising Services and Strategic and Creative Advertising services respectively to the campaign.

- In 2017 Ebiquity Marsh were engaged to undertake an ongoing media audit of the media buying for the national awareness campaign.  

It should be noted that these agencies provided services relating to the campaign as a whole across all media channels. While social media was a part of this, it was not the main focus of the work engaged.

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