Written Answers Nos. 230-248
230. Deputy Stephen Donnelly asked the Minister for Justice and Equality the situation for skilled construction workers (details supplied) from Ukraine obtaining work visas here in the context of the acute shortage of such skilled workers here; and if he will make a statement on the matter. [17543/19]
View answer231. Deputy Stephen Donnelly asked the Minister for Justice and Equality if a fast-track visa programme for skilled construction workers (details supplied) from Ukraine will be considered to obtain work visas here in the context of the acute shortage of such skilled workers here; and if he will make a statement on the matter. [17544/19]
View answerI propose to take Questions Nos. 230 and 231 together.
I 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 visa sought should be granted.
All applications for employment visas are processed as a priority irrespective of the occupation or of the applicants nationality, and are generally processed within a few weeks of being received. Guidelines on how to apply for particular types of visas are available on the INIS website at www.inis.gov.ie.
The Deputy may wish to note that one of the requirements for being granted an employment visa is that the applicant has a current employment permit. This is a matter for my colleague, the Minister for Business, Enterprise and Innovation, who recently announced changes to the employment permits system for workers from outside the EEA area. I understand these are due to come into effect in May and will allow for a number of construction-related occupations to apply for general work permits.
232. Deputy Michael McGrath asked the Minister for Justice and Equality if new recruits in relation to Garda recruitment are still being drawn from those who applied in 2016; when persons that applied in 2017 and that have completed all stages in the process will be contacted with a formal offer of employment; and if he will make a statement on the matter. [17552/19]
View answerRecruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013. The Public Appointments Service (PAS), on behalf of the Garda Commissioner, manages the initial recruitment stages for selection of Garda Trainees with the final stages of the recruitment process in which candidates are vetted, complete a physical competency test and a medical examination, are managed by the Commissioner and I, as Minister, have no direct involvement in the matter.
As the Deputy will be aware a programme of accelerated recruitment to An Garda Síochána is on-going with a view to reaching 15,000 Gardaí as part of an overall Garda workforce of 21,000 by 2021.
This is an ambitious programme of recruitment and will require a continuous pipeline of suitable candidates. To service this requirement An Garda Siochána recently opened a new recruitment drive and it is anticipated that successful applicants from this campaign may enter the Garda college from approximately mid 2020. There is no set time frame for offers to applicants as this is dependent on their files being fully completed and the intake dates into the Garda College.
I am informed by An Garda Siochána that there are a number of applicants from previous recruitment campaigns who are still being processed. All applicants remain on the panel until such time as they are offered a place in the Garda College, with the exception of those who are deemed unsuitable, fail the Medical or Physical Competence Test (PCT) or withdraw from the competition. Subject to final approval by An Garda Siochána, successful applicants from these campaigns are considered first for intakes into the Garda College, in accordance with the candidate's place on the Order of Merit.
233. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when a substantive reply to Parliamentary Question No. 108 of 7 March 2019 will issue; the reason for the delay; and if he will make a statement on the matter. [17563/19]
View answerI refer to your Parliamentary Question No 108 for answer on 7 March 2019. At the time I responded that I would request the information sought by you from an Garda Síochána and that I would write directly to you on receipt of same. I did so at the end of last week. The substance of that response is now repeated below.
As you will appreciate, it is solely the Garda Commissioner and his management team who are 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.
A Garda Síochána is fully committed to fulfilling the organisation’s obligations under the Official Languages Act and the Garda Síochána Act 2005.
Section 33 of the Garda Síochána Act 2005 provides that the Commissioner shall determine the manner in which members of An Garda Síochána are to be distributed and stationed throughout the State. In carrying out this function the section further provides that the Commissioner shall to the extent practicable ensure that members of An Garda Síochána stationed in a District that includes a Gaeltacht area are sufficiently competent in the Irish language to enable them to use it in carrying out their duties.
I am informed that the Commissioner seeks to meet this obligation by providing for a specialist Irish language stream in recruitment campaigns. I was pleased to note that the current Garda Recruitment Competition, which closes on Wednesday 24 April 2019, has a special Irish Language stream whereby eligible applicants who are fluent Irish speakers may opt to be considered for inclusion in a specialist Irish language stream within the overall recruitment competition run by the Public Appointments Service. Candidates appointed from the Irish Language stream are expected to provide a full range of services in Irish and are allocated to Gaeltacht areas for a period of time as determined by the Garda Commissioner.
In addition all new recruits complete a Bachelor of Arts in Policing Studies which includes Irish language modules and ensures that trainees have the opportunity to improve their level of proficiency in the language.
I am advised that a Garda HQ Directive issued in September 2018 under which Sergeants and Gardaí interested in transferring to a Gaeltacht Garda Station must now pass an Oral Irish Proficiency Assessment so as to ensure that only members of these ranks that are fluent in Irish are permitted to serve in Gaeltacht stations. The Office of An Coimisinéir Teanga has viewed the new system and is satisfied that is an appropriate system for the organisation to determine a member’s ability to serve in a Gaeltacht station. When the new system of assessment is fully implemented it is expected that a panel will be formed from which members will be assigned to Gaeltacht Garda Stations as required.
234. Deputy Clare Daly asked the Minister for Justice and Equality when he plans to publish the report by the Inspector of Prisons into alleged unauthorised surveillance at Portlaoise Prison. [17576/19]
View answerAs the Deputy is aware, the Inspector of Prisons has furnished me with a copy of the report of her investigation, carried out under section 31 of the Prisons Act 2007, into allegations of improper surveillance and other wrongdoing in prisons.
In line with standard practice, I am considering the report in consultation with the Attorney General with a view to publishing it in accordance with section 31 of the Prisons Act 2007.
235. Deputy Clare Daly asked the Minister for Justice and Equality if the legal counsel for senior Garda management for the latest phase of the disclosures tribunal will be provided by An Garda Síochána or arranged by the senior members as individuals. [17577/19]
View answerAs the Deputy will be aware, the Disclosures Tribunal was established to inquire into a number of matters relating to allegations of misbehaviour within An Garda Síochána. The Tribunal is independent and operates under its own rules of procedure and I have no role whatsoever in that regard.
Furthermore, it is for the Tribunal alone to decide who should be a party or witness before the Tribunal. Ultimately it is for the Tribunal also to determine whether legal representation is necessary and appropriate for any party or witness. My Department is not a party in this module.
Therefore, it is a matter between the Tribunal on the one hand and, on the other hand, the Garda Commissioner, individual Gardaí and any other party or witness before the Tribunal to decide on legal representation for this module. I, as Minister, have no role in this matter.
236. Deputy Alan Farrell asked the Minister for Justice and Equality if Dublin Airport has been determined to be a suitable place of custody in relation to the procedure and detention process on foot of refusal to land at Dublin Airport; the legal basis upon which Dublin Airport may be used as a place of custody; his plans to make legislative changes in relation to the use of Dublin Airport as a place of custody; and if he will make a statement on the matter. [17601/19]
View answerAs the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to those persons not entitled to enter the State. This is a fundamental exercise of State sovereignty necessary to protect the security of the State and to prevent illegal immigration.
The exercise of powers in this area is subject to the law and respect for individual rights.
I would point out that detention of a person refused entry to the State is undertaken as a last resort. Indeed, there is a statutory obligation to return a person refused entry permission as soon as is practicable. Most persons are returned on the same day that they are refused entry.
Detention and removal of persons refused permission to enter the State are essentially operational matters for the Garda National Immigration Bureau who work closely with civilian immigration officers on these matters.
Section 5 of the Immigration Act, 2003 (as amended by the International protection Act, 2015), contains the main provisions dealing with the removal from the State of persons refused permission to enter. It specifies that a person to whom this section applies may be arrested by an immigration officer or a member of the Garda Síochána and detained in a prescribed place of detention for the purpose of facilitating their removal from the State, which must be as soon as is practicable. It also provides that a person may be detained for a period not exceeding 12 hours at the airport or port from which the person is due to depart.
It is also worth noting that An Garda Síochána in conjunction with the Office of Public Works are undertaking a project at Dublin Airport to refurbish and fit-out an existing facility to provide a Garda Station, office accommodation and detention facilities.
The refurbishment works at the new Garda Station and Immigration facility at Dublin Airport has reached substantial completion stage and the facility is scheduled to be handed over to An Garda Síochána shortly, following the internal fit out of the building, furniture, installation of PCs and phones, etc. It is anticipated that the facility will become operational in May 2019.
237. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount spent on the provision of rental vehicles to An Garda Síochána in each of the years 2011 to 2018, and to date in 2019, to carry out their duties; and if he will make a statement on the matter. [17658/19]
View answer238. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of vehicles per division which have been procured by An Garda Síochána through hire companies to date in 2019; if he has been informed of an impact on the operations of An Garda Síochána as a result of the use of hired vehicles instead of Garda owned vehicles; and if he will make a statement on the matter. [17659/19]
View answer239. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he is satisfied that the use of rental vehicles hired through private rental companies by An Garda Síochána in situations in which Garda vehicles have reached end of life does not have an impact on the duties carried out by An Garda Síochána; and if he will make a statement on the matter. [17660/19]
View answerI propose to take Questions Nos. 237 to 239, inclusive, together.
As 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 a total of €46 million provided by the Government for investment in the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
As the Deputy will appreciate, in accordance with Section 26 of the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling 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. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no direct role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities to ensure their optimum use.
I am informed by the Garda authorities that given this very significant level of investment and the overall number of vehicles available in the Garda fleet, the requirement for hire of vehicles is occasional only. I am informed, for example, that this might arise where a non-standard type of vehicle may be required for specific operational purposes, or to meet a short term demand for transport. I am further informed that on occasion, an unmarked hired vehicle may be required to support detective or surveillance duties or where there may be a delay between the decommissioning of an unmarked Garda vehicle and the availability of a replacement. I am informed that no vehicles are hired for the marked Garda fleet.
I am further informed that as all Garda members are issued with Tetra radios, the hiring of vehicles does not impact on operational effectiveness.
The following table sets out the information as provided by the Garda authorities on the amount spent by An Garda Síochána on the rental of unmarked vehicles in each of the years from 2011 to 2018 and to date in 2019 (correct to 10 April, 2019).
|
Year |
Expenditure |
|
2011 |
€ 59,287.77 |
|
2012 |
€ 18,058.98 |
|
2013 |
€ 43,151.94 |
|
2014 |
€ 27,216.81 |
|
2015 |
€ 23,056.56 |
|
2016 |
€ 18,187.86 |
|
2017 |
€ 48,399.15 |
|
2018 |
€ 112,291.90 |
|
2019* (to 10 April 2019) |
€ 40,743.94 |
The Deputy also requested information on the number of vehicles hired in 2019. I am informed by the Garda authorities that a total of 48 vehicles have been hired to date in 2019.
Of these, I am informed that a total of 34 were hired for use in the various Divisions across the Dublin Metropolitan Region, a further 9 were for the Special Detective Unit, 4 in Donegal Division and 1 in Roscommon/Longford Division.
240. Deputy Jim O'Callaghan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 489 and 505 of 26 March 2019, if he has received a response from An Garda Síochána on the prevalence of knife crime; if so, when he expects to release information on the issue; and if he will make a statement on the matter. [17661/19]
View answerAs outlined in my response to the Deputy in Parliamentary Question 491 of 26 March 2019, my Department wrote to the Garda authorities in February to seek an update on the recent work of An Garda Síochána in tackling knife-related crime, and in particular the progress being made by Gardaí to improve the quality of knife crime statistics recorded on the PULSE system.
I am advised that research is ongoing as part of an internal Garda Working Group to formulate a National Strategy to Deal with Assaults against the Person. An Garda Síochána has included knife crime as part of the remit of the working group tasked with drafting the strategy and, following the conclusion of the groups work, I expect a full report will be forwarded to my Department.
Once this report is received and has been fully considered by my Department, I will provide the Deputy with a comprehensive update on the Working Group's report.
241. Deputy Robert Troy asked the Minister for Justice and Equality the steps that an applicant must undergo in applying for naturalisation; and if there is provision for an applicant of UK origin who is married to an Irish citizen, has been resident in the State for over 25 years and has an Irish born child to apply for naturalisation without paying the €2,000 application fee. [17693/19]
View answerThe 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.
Thus, the category of applicants referred to in the question would appear to meet the residence requirements as outlined above.
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.
The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011).
The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil. It would appear that this applicant would be applying as a standard adult applicant or as the spouse of an Irish national. In neither scenario will the application and certification fee combined amount to more than €1,125.
As such, the Regulations make specific provision for particular categories of applicants who may be on a reduced level of income and there is no information available to either myself or Departmental officials that in general, the level of fees is discouraging people from applying for naturalisation.
There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities, or based on length of residency.
The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.
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.
242. Deputy Michael McGrath asked the Minister for Justice and Equality the strength of the Garda force by rank in each station in a Garda division (details supplied) as at January 2017, January 2018 and April 2019; and if he will make a statement on the matter. [17744/19]
View answerAs the Deputy is aware, the manner in which the resources of the Garda Síochána are deployed is solely a matter for the Garda Commissioner and his management team and I, as Minister, have no direct role in this regard.
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.
I am advised by the Commissioner that the Garda strength of the Cork City Division on 28 February 2019, the latest date for which figures are readily available, was 702. There are also 38 Garda Reserves and 88 Garda civilian staff attached to the Cork City Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
The Garda strength of Cork City Division from 2009 to 28 February 2019 as provided by the Garda Commissioner is available on my Department’s website through the following link.
Garda Numbers by Divsion District and Station 2009
Since the reopening of the Garda College in September 2014, almost 2,600 Garda recruits have been assigned to mainstream duties nationwide, of whom 69 were assigned to the Cork City Division.
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.
I believe that the injection of this large number of experienced officers into the field, along with the new recruits, will be really beneficial in terms of protecting communities. This and on-going recruitment will clearly 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 including the Cork City Division.
For more general information on Garda Facts and Figures please see the following link.
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
243. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of proposals to amend the Private Security Services Act 2004 in order to place private security personnel under the regulatory control of the Private Security Authority; if the report on the matter will be released; and if he will make a statement on the matter. [17754/19]
View answerThe Working Group Report, on the regulation of private security firms assisting in enforcing court orders, was published on my Department’s website on Tuesday 9 April. On that day, the Government endorsed the proposals I brought forward for legislative change.
The key recommendation in the report is that the necessary legislative amendments are made to the Private Security Services Act 2004, as amended, for the Private Security Authority to regulate private security personnel employed to assist in enforcing court orders. My Department is working with the Office of the Attorney General to bring forward the necessary legislative amendments.
244. Deputy Denis Naughten asked the Minister for Justice and Equality the personnel officer for persons (details supplied) in the Irish Prison Service; and if he will make a statement on the matter. [17771/19]
View answerI am advised by my officials in the Irish Prison Service that the Human Resource functions for all administrative grades in the Irish Prison Service have transitioned from the Department of Justice and Equality to the Irish Prison Service.
Accordingly, I wish to advise that the Personnel Officer for all administrative grades in Irish Prison Service, including the Director General and Directors, is the Personnel Officer assigned to the Human Resource Directorate of the Irish Prison Service.
245. Deputy John Curran asked the Minister for Justice and Equality the number of child abductions recorded in each Garda division in each of the years from 2015 to 2018 and to date in 2019; and if he will make a statement on the matter. [17843/19]
View answer246. Deputy John Curran asked the Minister for Justice and Equality the number of attempted child abductions recorded in each Garda division in each of the years from 2015 to 2018 and to date in 2019; and if he will make a statement on the matter. [17844/19]
View answer247. Deputy John Curran asked the Minister for Justice and Equality the number of child kidnappings recorded in each Garda division in each of the years from 2015 to 2018 and to date in 2019; and if he will make a statement on the matter. [17845/19]
View answer248. Deputy John Curran asked the Minister for Justice and Equality the number of attempted child kidnappings recorded in each Garda division in each of the years from 2015 to 2018 and to date 2019; and if he will make a statement on the matter. [17846/19]
View answerI propose to take Questions Nos. 245 248, inclusive, together.
I have sought a report from An Garda Síochána on the matters the Deputy has raised, and I will respond to him when this report is to hand.
