Written Answers Nos. 211-229
211. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the specific works required by a company (details supplied) at a location to meet the catering and family needs of residents; and the timeframe for the completion of these works. [17303/19]
View answerMy Department, through the Reception and Integration Agency (RIA), has commenced a national procurement programme for accommodation centres for persons entering the state and seeking international protection. This will comprise a series of regional competitions through the Government's procurement website www.etenders.gov.ie.
The Department ran a tender competition for premises within 40 km of Newbridge, Co. Kildare for accommodation and ancillary services. Successful bidders were required to undertake mobilisation works to provide for cooking facilities for residents, a foodhall (where residents can procure ingredients and food items as well as toiletries and household items through a points system) and provide designated living space for families outside of the bedrooms. There is a 12 week provision for the completion of the required mobilisation works. No contract will be in effect until the mobilisation works are completed and subsequently inspected and verified as complete by RIA.
The provider who is currently providing accommodation and ancillary services at the Towers Centre in Clondalkin, Dublin 22 was successful in being placed on the framework. The 12 week mobilisation period commenced on the 11th April 2019 which requires all works to be complete by the 4th July 2019.
212. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for permission to remain in the case of persons (details supplied); and if he will make a statement on the matter. [17316/19]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first person concerned is the subject of a Deportation Order signed on 09 September 2008.
Representations were received on behalf of the person concerned requesting that the deportation order be revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended). This request will be considered as soon as possible.
The Deputy might wish to note that the decision to ensue from the consideration of this request will be to have the existing deportation order 'affirmed' or 'revoked'. Once such a decision has been made, this decision will be notified in writing. In the meantime, the deportation order remains valid and in place.
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.
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.
213. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if a formal decision was taken to allow PSNI officers to carry weapons here, which has been reported as being the case since 2013. [17358/19]
View answer215. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality when the memorandum of understanding between the PSNI and An Garda Síochána regarding security arrangements for a person (details supplied) will be completed. [17360/19]
View answerI propose to take Questions Nos. 213 and 215 together.
The arrangements that may be put in place for the protection of individuals are first and foremost matters for the Garda authorities who have operational responsibility and who work closely with their police and security counterparts in other jurisdictions in this regard. An Garda Síochána and the PSNI co-operate on an ongoing basis in what is an essential relationship in guaranteeing security and community safety on this island.
For the very obvious reasons of the safety of individuals and the proper operation of security measures, it is not possible to go into the detail of the arrangements that may be put in place. To do so would be clearly contrary to the public interest and simply hand an advantage to those who wish to do harm. I do not propose to depart from the long-standing approach of my predecessors in this regard.
What I will say is that the overriding priority in these arrangements is the personal safety of individuals who may be exposed to danger. The arrangements currently in place have been developed and are operated on the basis of a threat assessment and a risk analysis carried out by the operational experts in these matters.
Arrangements may be put in place in accordance with the law whereby members of services from outside the State may be licensed to carry firearms here solely for the purposes of providing close personal protection and only on the advice of and in co-operation with the Garda Authorities.
Under Section 2 the Firearms (Firearms Certificate for Non- Residents) Act 2000, the Minister for Justice and Equality has a power to grant firearms certificates, including to official security personnel from other jurisdictions, where it is deemed necessary to do so. Decisions in relation to the grant of certificates to such personnel are made in accordance with the legislation and following consultation with the Garda authorities. This is a normal and established feature of relations between states.
A reciprocal arrangement is in place between An Garda Síochána and the PSNI concerning the carriage of firearms in relation to certain people travelling between the two jurisdictions. The grant of firearms certificates for this purpose is undertaken in accordance with the provisions of the Act of 2000.
214. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of times firearms certificates have been granted to personnel from other jurisdictions; the personnel granted certificates; and the circumstances in which they were granted. [17359/19]
View answerFirstly, I assume the Deputy is primarily referring to official foreign security personnel who accompany certain persons, such as visiting dignitaries and others, when travelling to this State. The general legal position is that under Section 2(2)(b) of the Firearms (Firearms Certificate for Non-Residents) Act 2000, the Minister for Justice and Equality has a power to grant firearms certificates, including to official foreign security personnel, where it is deemed necessary to do so. This is a normal and established feature of international relations between states.
Decisions in relation to the grant of certificates to official foreign security personnel are made following consultation with An Garda Síochána. As the House will appreciate, for obvious reasons, it is long standing practice not to comment in detail on matters relating to security in such circumstances.
Firearms certificates were granted in respect of a total of 131 such personnel in 2017 and a total of 134 in 2018.
In addition, a number of firearms certificates were issued to State personnel from other jurisdictions in different circumstances. These included certificates granted for ceremonial purposes; to a veterinary team; and foreign defence personnel who were participating in target shooting competitions or target shooting training courses in the State. Separately, firearms certificates for non-residents who wish to shoot in the State for hunting and sporting purposes are issued by An Garda Síochána.
216. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if primary legislation will be required for the establishment of a national security co-ordinator; and if not, if proposals will be brought to Dáil Éireann for discussion and scrutiny. [17361/19]
View answerIn December 2018, the Government endorsed the report of the Commission on the Future of Policing in Ireland and accepted all 157 key recommendations. I also published a high level plan, ‘A Policing Service for the Future’, which was agreed by Government and sets out the approach to implementation over the next four years of the Commission’s recommendations, which is being overseen by a dedicated programme office in the Department of the Taoiseach, as recommended in the Commission’s Report.
A number of recommendations related to the future development of Ireland's National Security framework including the establishment of a coordination function based in the Department of the Taoiseach, which is to be welcomed as a positive and logical enhancement to the existing system.
As part of the implementation plan, the post of Director of the National Security Analysis Centre under the Department of the Taoiseach was advertised recently. I understand the competition is being run by the Public Appointments Service on behalf of the Top Level Appointments Committee and the appointment will be made in conformity with the Civil Service Regulation Acts and the Public Service Management Acts, as is the case with all Assistant Secretary posts. This position will include the coordination of briefing and information generally already compiled by a number of relevant state bodies.
It is not envisaged that legislation will be necessary to support this post but under the plan a review of national security legislation is scheduled to be carried out between January 2020 and June 2021.
217. Deputy Joan Collins asked the Minister for Justice and Equality the number of the 200 new Garda recruits allocated to the Kilmainham, Sundrive, Kevin Street, Ballyfermot and Crumlin Garda stations. [17368/19]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Commissioner and I am assured by him that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they have the opportunities to gain the breadth of policing experience required and are properly supported and supervised, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with the responsibilities under the training programme.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to allow the deployment of increasing numbers of Gardaí across every Garda Division.
Since the reopening of the Garda College in September 2014, almost 2,600 Garda recruits have been assigned to mainstream duties nationwide.
I am informed by the Commissioner that the Cohort model of resource allocation is currently utilised for the general allocation of personnel within An Garda Síochána, including newly attested probationer Gardaí from the Garda College. The allocation and transfer of Garda Personnel, using the Cohort Model, is determined by a number of factors, including, crime and non-crime workload; minimum establishment; population; area; policing arrangements; operational strategies and transfer applications, including welfare issues. When allocations are taking place, comprehensive consultation is conducted with Local Management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.
The information requested by the Deputy as provided by the Garda Commissioner is available on my Department’s website through the following link.
Table
The Government has increased the budget for An Garda Síochána to €1.76 billion for 2019, which includes provision for the recruitment of up to 800 Gardaí this year. The Commissioner has now informed me that he plans to recruit a total of 600 trainee Gardaí in 2019 and a net 600 Garda Civilian Staff. This Garda Staff recruitment will allow the Commissioner to redeploy a further 500 fully trained Gardaí from administrative duties to frontline policing in 2019.
On-going recruitment will provide the Commissioner with the resources needed to deploy increasing numbers of Gardaí to deliver a visible effective and responsive policing service to communities across all Garda Divisions.
For more general information on Garda Facts and Figures please see the link: http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
218. Deputy Catherine Martin asked the Minister for Justice and Equality the number of reported bike thefts from each DART station in each of the years from 2014 to 2018 and to date in 2019, in tabular form; and if he will make a statement on the matter. [17376/19]
View answer219. Deputy Catherine Martin asked the Minister for Justice and Equality the number of reported bike thefts from each Luas station in each of the years 2014 to 2018 and to date in 2019, in tabular form; and if he will make a statement on the matter. [17377/19]
View answer220. Deputy Catherine Martin asked the Minister for Justice and Equality the number of reported bike thefts from each Irish Rail station excluding those on the DART line in each of the years 2014 to 2018 and to date in 2019, in tabular form; and if he will make a statement on the matter. [17378/19]
View answerI propose to take Questions Nos. 218 to 220, inclusive, together.
I am advised by the Garda authorities that the following table outlines the number of bicycles stolen, by year and transport type, as requested by the Deputy.
|
Category |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 (1 Jan to 9 April) |
|
Dart |
56 |
49 |
64 |
60 |
58 |
22 |
|
Luas |
119 |
86 |
94 |
86 |
86 |
20 |
|
*Train |
95 |
43 |
55 |
55 |
72 |
14 |
|
Total |
270 |
178 |
213 |
201 |
216 |
56 |
*These figures refer to train stations in the Dublin Metropolitan Region (DMR).
221. Deputy Catherine Martin asked the Minister for Justice and Equality if instances of animal cruelty are placed on the Garda PULSE system; if not, his plans for the inclusion of same; and if he will make a statement on the matter. [17379/19]
View answerI am informed by the Garda authorities that incidents of this nature are captured on the PULSE System. The specific details of the offences alleged are then specified in the incident narrative of each PULSE entry.
222. Deputy Charlie McConalogue asked the Minister for Justice and Equality the reason there is an age limit for an open recruitment competition (details supplied); and if he will make a statement on the matter. [17380/19]
View answerAs the Deputy will be aware, recruitment to An Garda Síochána is governed by legislation, particularly the Garda Síochána (Admissions and Appointments) Regulations 2013. These Regulations provide that the maximum age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years.
This upper age limit of 35 was set having regard to equality legislation and also took into account the following criteria:
1. The cost of training
2. The need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost.
3. The operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on members in the course of their duty.
The report of the Garda Inspectorate, and the report of the Commission on the Future of Policing in Ireland, both published in 2018, have highlighted certain issues in relation to recruitment strategies for An Garda Síochána, including the maximum age of recruitment.
In response to these reports, the question of the appropriate age for recruitment to An Garda Síochána will be considered as part of a review of entry to An Garda Síochána being undertaken by the Department of Justice and Equality. However, this review has not yet concluded.
With regard to the case to which you refer in your correspondence, the decision made by the CJEU was that the WRC has jurisdiction to hear a case of discrimination on age grounds and therefore the power to disapply a rule of national law that is found to be contrary to EU Law. No decision in relation to the entry age requirement for Garda members was made by the CJEU. Instead the case is being referred back to the WRC to be heard. Therefore, the current position of a maximum recruitment age of not more than 35 years remains in place.
223. Deputy Billy Kelleher asked the Minister for Justice and Equality his plans to update the Firearms Acts 1925 to 2009. [17415/19]
View answerI wish to advise the Deputy that a substantial review of firearms licensing, including consultation with the public, stakeholders and the relevant Oireachtas Committee, was undertaken in recent years. A number of measures identified as a result of this review are being progressed by my Department and implementation of these will require legislative amendment to the Firearms Acts 1925 to 2009.
These include a ban on new licences for semi automatic centre fire rifles and the establishment of a Firearms Assessment and Appeals Authority. The primary function of the Authority will be to determine, on the basis of an objective assessment of all the issues, with safety of the public being paramount, whether particular types of firearms may be licensed in the State, whether there should be any limit on the number of such firearms and what safety conditions might properly be applied to their licensing.
The legislation generally continues to be reviewed on an ongoing basis.
224. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when the required reports will be furnished to the Turkish authorities from the mutual legal assistance department in the case of a person (details supplied); and if he will make a statement on the matter. [17416/19]
View answerAs the Deputy will appreciate, the details in relation to ongoing individual mutual legal assistance cases are treated on a strictly confidential basis.
However, as indicated in my previous replies to the Deputy on this matter, everything possible is being done to bring about a successful resolution to this issue and my officials will shortly be in contact directly with the family of the person concerned.
225. Deputy Billy Kelleher asked the Minister for Justice and Equality if funding will be provided for the update of the helicopters and aircraft available in the Garda air support unit. [17429/19]
View answerAs the Deputy will be aware, the resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion.
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 An Garda Síochána to deliver on reform and deploy the latest cutting edge technologies in delivering professional policing and security services for the community. Investment of €46 million is also being made in the Garda fleet over the same period to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet.
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for 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 his identified operational demands.
I understand that the Garda Air Support Unit was established in September 1997 with the delivery of a Pilatus Britten-Norman BN 2T-4S Defender 4000 fixed wing aircraft and a Eurocopter AS355N Eceuriel helicopter. In 2001 the Unit acquired a second helicopter - a Eurocopter EC 135 T2. In 2007 the Eceuriel helicopter was replaced by a second EC135 T2+.
As the Deputy will appreciate, the question of prioritising the upgrading or replacement of these aircraft is in the first instance for the Commissioner, in the context of the investment being made in An Garda Síochána and his operational priorities.
I understand from the Garda authorities that neither the two helicopters nor the Fixed Wing Aircraft have reached the end of their operational lives and as such, no funding has been provided in the 2019 budget for the replacement of these aircraft. Regarding the future replacement of the fixed wing aircraft, I can confirm that a Technical Advisory Group comprising of personnel from my Department, An Garda Síochána, the Department of Defence and the Irish Air Corps was established and met for the first time in 2016 to examine the options in that regard.
Regarding equipment on these aircraft, I can inform the Deputy that funding is available to upgrade the Role Equipment on the Eurocopter EC135 T2+. I am informed by the Garda authorities that a tendering process for this upgrade will commence this year. I am further informed that it is intended that the Role Equipment currently on this aircraft will subsequently be installed into the Eurocopter 135 T2 Helicopter.
My Department will continue to engage with Garda management on an ongoing basis in relation to current and capital resource needs.
226. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied); and if he will make a statement on the matter. [17439/19]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is open to any visa required national to apply for a visa for any purpose. Each visa application is considered on its individual merits with the Visa Officer having regard to all of the information and documentation available. The onus rests at all times with the applicant to satisfy the Visa Officer that the particular visa sought should be granted.
Guidelines on how to apply for particular types of visas are available on the INIS website at www.inis.gov.ie Detailed information on the circumstances in which a person can seek to sponsor a family member to join them in the State is contained in the Policy Document on Non-EEA Family Reunification.
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.
In addition, applicants may themselves e-mail queries directly to visamail@justice.ie.
227. Deputy Brendan Ryan asked the Minister for Justice and Equality the number or percentage of employees in his Department and in the agencies under his aegis with intellectual disabilities; his plans to increase this number to promote and support the employment of persons with intellectual disabilities as outlined in the Disability Act 2005; and if he will make a statement on the matter. [17491/19]
View answer228. Deputy Brendan Ryan asked the Minister for Justice and Equality if his Department and the agencies under his aegis track the numbers of employees they have with an intellectual disability; his plans to do so in order to help set targets and increase workplace opportunities for those with intellectual disabilities such as those outlined in the national disability inclusion strategy; and if he will make a statement on the matter. [17508/19]
View answerI propose to take Questions Nos. 227 and 228 together.
As the Deputy will be aware, Part 5 of the Disability Act 2005 provides for a statutory report on the employment of people with disabilities in the public sector. This report is compiled by the Department of Public Expenditure and Reform, from information provided by all public bodies staffed by civil servants, and gives details of the number of people with a disability employed in the Civil Service. This report is submitted to the National Disability Authority (NDA).
I can inform the Deputy that the proportion of staff with a disability employed in my Department was 5.9% in 2018, which exceeds the Government's 3% target for the employment of people with disabilities. I have asked those offices and agencies under the aegis of my Department whose staff are not Department employees to respond directly to the Deputy with their most up to date information.
I would also note that An Garda Síochána and the Irish Prison Service (prison officers) are exempt under the reporting provisions of the Act.
My Department does not have data regarding the number of staff with an intellectual disability. The distinction between a physical and intellectual disability is not captured when staff report a disability.
My Department is fully committed to the employment of people with disabilities. Our policy is to ensure that people with disabilities are facilitated with access to employment opportunities and every necessary accommodation is made in this regard. My Department's commitment to the employment of people with disabilities is further underlined by its active participation in the Willing Able Mentoring Programme, a work experience programme for graduates with disabilities, under which there are currently 2 placements and we are seeking to facilitate a further 2 participants in 2019.
On a broader level, the Government's Comprehensive Employment Strategy (CES) for Persons with Disabilities 2015 - 2024 sets out a ten-year cross-Government approach to ensuring that people with disabilities who are able to, and want to work are supported and enabled to do so, with different Departments and State agencies acting in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities.
One of the key priorities of the Comprehensive Employment Strategy is to increase the statutory target of persons with disabilities employed in our public services from 3% to 6% on a phased basis by January 2024. To give effect to this commitment, legislative proposals are currently being progressed through the Oireachtas as part of the Disability (Miscellaneous Provisions) Bill 2016.
229. Deputy Tony McLoughlin asked the Minister for Justice and Equality the plans An Garda Síochána has for allowing its members to be equipped with tasers in order to increase levels of protection while also increasing public safety; and if he will make a statement on the matter. [17523/19]
View answerThe Deputy will appreciate that the Garda Commissioner is responsible for the deployment of equipment to members of An Garda Síochána.
I have asked the Commissioner for the specific information requested and when I receive it I will write directly to the Deputy.
