Thursday, 18 Apr 2019

Written Answers Nos. 133-145

Community Courts

Questions (133, 145)

Barry Cowen

Question:

133. Deputy Barry Cowen asked the Minister for Justice and Equality the first and full year cost of establishing a community court system in Dublin; and if he will make a statement on the matter. [18192/19]

Jim O'Callaghan

Question:

145. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the steps he has taken to implement proposals for a community court in Dublin; the status of a proposed pilot project; and if he will make a statement on the matter. [18361/19]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 133 and 145 together.

As the Deputy is aware, my Department led a Working Group of Justice Sector officials to consider options for moving forward on the proposal to establish a Community Court. Building on the recommendations of the Joint Oireachtas Committee on Justice, Defence and Equality, the Working Group considered proposals to enhance the approach to tackling low level offenders and effectively addressing their offending behaviour through a Community Justice Intervention type programme. This would be a diversion from the courts system in a way that has the potential to respond more effectively to one-off and repeat, low level offending with the emphasis on speedy processing aimed at reducing the risk of re-offending and would also offer quick referral to the necessary services.

My Department wishes to build on this work and continues to examine a number of possibilities, including the creation of a conditional cautioning system of which there are a number of models. Plans for a pilot project on costs in relation to establishing a community court system in Dublin have been put on hold while the Department examines the options available.

Garda Data

Questions (134)

Barry Cowen

Question:

134. Deputy Barry Cowen asked the Minister for Justice and Equality the cost of running the roads policing unit; the cost for the Dublin region; the number of Garda personnel working for the unit; the number of Garda personnel working for the unit in Dublin; and if he will make a statement on the matter. [18193/19]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána in light of his identified operational demands. As Minister, I have no direct role in that matter.

I have requested the relevant information from the Garda Commissioner and will write to the Deputy when a report is received.

Garda Data

Questions (135)

Barry Cowen

Question:

135. Deputy Barry Cowen asked the Minister for Justice and Equality the cost of running the Garda public order unit; the cost for the Dublin region; the number of Garda personnel working for the unit; the number of Garda personnel working for the unit in Dublin; and if he will make a statement on the matter. [18194/19]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, there has been an unprecedented level of investment in Garda resources across the State in recent years. The budgetary allocation to An Garda Síochána for 2019 amounts to €1.76 billion. Very significant capital investment is also being made, including investment of €342 million in Garda ICT infrastructure between 2016 and 2021; and investment of €46 million in the Garda Fleet over the same period. This continuing investment supports the Government’s commitment to ensuring a strong and visible police presence throughout the country to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.

In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána and for the allocation of Garda resources, in light of his identified operational demands. As Minister, I have no direct role in these matters. I understand 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.

The Deputy raised a number of questions relating to the cost and staffing involved in public order policing.

I am informed by the Garda authorities that the costs associated with the running of Public Order Units are not accounted for separately but rather are included in the total cost of running Garda Divisions. As a result, I am informed that it is not currently possible to isolate the costs in respect of the Garda Public Order Units.

Regarding personnel, I am informed by the Garda authorities that there are Gardaí with specialist training in public order policing in each Division.  These Garda members are only required to perform public order duties when operational demands require their deployment, otherwise they are engaged in routine policing duties.  I am further informed that the Garda National Public Order Unit, GNPOU, is not a full time unit. Members trained in public order are deployed from across the organisation on a case-by-case basis if and when the need arises.

For the Deputy’s information, the following table as provided by the Garda authorities sets out the number of Garda members who are qualified to operate in the Garda National Public Order Unit in both the Dublin Metropolitan Region and nationally, correct as of 17 April 2019.

-	-
Dublin Metropolitan Region	635
Nationwide excluding the Dublin Metropolitan Region	537
Total	1172

Departmental Funding

Questions (136)

Catherine Murphy

Question:

136. Deputy Catherine Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 228 of 4 December 2018, if he has undertaken to review past funding to an organisation (details supplied); if consideration has been given to suspending future funding; and if he will make a statement on the matter. [18214/19]

Written answers

Minister of State at the Department of Justice and Equality

Since I responded to Parliamentary Question No. 228 of 4 December 2018 concerning the FAI 'Grassroots Integration through Football' project which is funded by the Department under the Asylum Migration and Integration Fund (AMIF), the FAI has provided a quarterly return on the project's progress and the project has undergone monitoring checks as per my Department's procedures for these grants.  In addition, several 'on the spot' visits have occurred in which officials from my Department have visited the FAI offices and met with project staff and examined documentation in situ.  

However, in light of the developments regarding governance at the FAI, it has been decided that no further grant payments will be made to the FAI in respect of this AMIF funded project until it becomes clear that confidence in the organisation’s governance has been re-established.  My Department will maintain contact with the Department of Transport, Tourism and Sport and with Sport Ireland in this regard.   

Departmental Bodies Data

Questions (137)

Dara Calleary

Question:

137. Deputy Dara Calleary asked the Minister for Justice and Equality the State agencies and bodies under the remit of his Department; the location of each such body by county; and the number of full and part-time persons employed in each such body. [18236/19]

Written answers

Minister for Justice and Equality

Please see the table which outlines the State agencies and bodies under the remit of my Department; the location of each such body by county; and the  number of full and part-time persons employed in each such body. Where the Irish Prison Service and An Garda Síochána are concerned, the location given is for Headquarters, while for certain organisations, for example, the Legal Aid Board, the location of employment is given on a county-by-county basis.

Agency/Body	Location by County	Current number of full-time staff
Legal Aid Board	Carlow Cavan Clare Cork Donegal Dublin Galway Kerry Kildare Kilkenny Laois Leitrim Limerick Longford Louth Mayo Meath Monaghan Offaly Roscommon Sligo Tipperary Waterford Westmeath Wexford Wicklow	0 4 6 29 5 115 27 46 7 8 5 0 14 9 3 5 6 7 6 0 6 6 5 8 6 5
Data Protection Commission	Dublin Laois	96 25
Garda Síochána Ombudsman Commission	Dublin Cork Longford	96* - Total for Dublin office includes two officers currently on secondment to the Disclosures Tribunal. 6 7
Legal Services Regulatory Authority (LSRA)	Dublin	9
Criminal Injuries Compensation Tribunal	Dublin	4
The Courts Service	Dublin	585
The Courts Service	Cork	59
The Courts Service	Galway	23
The Courts Service	Limerick	27
The Courts Service	Kildare	17
The Courts Service	Louth	18
The Courts Service	Mayo	19
The Courts Service	Tippeary	20
The Courts Service	Donegal	15
The Courts Service	Waterford	15
The Courts Service	Wicklow	16
The Courts Service	Kerry	14
The Courts Service	Westmeath	11
The Courts Service	Clare	15
The Courts Service	Wexford	13
The Courts Service	Meath	11
The Courts Service	Offaly	10
The Courts Service	Cavan	8
The Courts Service	Kilkenny	11
The Courts Service	Laois	9
The Courts Service	Sligo	10
The Courts Service	Monaghan	7
The Courts Service	Carlow	7
The Courts Service	Longford	6
The Courts Service	Roscommon	7
The Courts Service	Leitrim	5
Criminal Assets Bureau	Dublin	81
National Disability Authority	Dublin	29
Irish Human Rights and Equality Commission	Dublin	45
Private Security Authority	Tipperary	31
Dublin Coroner’s Service	Dublin	17
Forensic Science Ireland	Dublin	110
Insolvency Service of Ireland	Dublin	74
Irish Film Classification Office	Dublin	5
Office of the Inspector of Prisons	Tipperary	5
Office of the State Pathologist	Dublin	6
Parole Board	Dublin	6
Probation Service	Dublin	170
Probation Service	Westmeath	11
Probation Service	Wicklow	4
Probation Service	Galway	10
Probation Service	Mayo	2
Probation Service	Cork	37
Probation Service	Wexford	4
Probation Service	Limerick	19
Probation Service	Laois	15
Probation Service	Meath	7
Probation Service	Louth	7
Probation Service	Cavan	5
Probation Service	Kilkenny	6
Probation Service	Waterford	14
Probation Service	Roscommon	4
Probation Service	Donegal	7
Probation Service	Offaly	1
Probation Service	Tipperary	10
Probation Service	Sligo	3
Probation Service	Kerry	4
Probation Service	Carlow	3
Property Service Regulatory Authority	Meath	19
Property Service Regulatory Authority	Dublin	8
International Protection Appeals Tribunal	Dublin	41
Irish Prison Service	Longford	3263 (as of 28/2/19) – Figures include prison grade and civilian staff
Garda Síochána Inspectorate	Dublin	11
Policing Authority	Dublin	34
An Garda Síochána	Dublin	17,036 - Total country workforce.  This includes 14,160 sworn members, 2,645.6 civilian staff, and 517 reserves.  These are whole time equivalent figures and a part-time breakdown is not available on the basis of how the information is recorded.

Immigration Status

Questions (138)

Bernard Durkan

Question:

138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency and eligibility for naturalisation status in the case of a person (details supplied); and if he will make a statement on the matter. [18251/19]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 25 March 2021.

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

Full details of the eligibility criteria and extensive guidelines are available on the INIS website at www.inis.gov.ie.

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 I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.

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.

Immigration Status

Questions (139)

Bernard Durkan

Question:

139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency and eligibility for naturalisation status in the case of a person (details supplied); and if he will make a statement on the matter. [18254/19]

Written answers

Minister for Justice and Equality

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 [e-mail], 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 [e-mail], 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.

Residency Permits

Questions (140)

Bernard Durkan

Question:

140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a residency update with permission to work will be awarded in the case of a person (details supplied); and if he will make a statement on the matter. [18255/19]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the  person's most recent permission to reside in the State expired on 7 January, 2019.  The Deputy will appreciate that, under the relevant provisions of the Immigration Act, 2004, a non-national may not be in the State other than within the terms of a permission from the Minister for Justice and Equality.

I am further informed that, in order to allow for a full examination of the circumstances, the person concerned should to write to Unit 2, Domestic Residence and Permissions Division, INIS, 13/14 Burgh Quay, Dublin 2 without delay.   The person concerned should provide a detailed account of their personal circumstances since the expiration of their permission to reside in this State including documentary evidence of the offer of employment.

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.

Immigration Status

Questions (141)

Bernard Durkan

Question:

141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency and eligibility for naturalisation status in the case of a person (details supplied); and if he will make a statement on the matter. [18257/19]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy.

The records indicate that the current permission to reside in the State granted to the person concerned expired on 28 March 2019.  It is up to the person concerned to seek permission to remain beyond the expiry of her current permission.  All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered.  Failure to do so may adversely affect an application for a certificate of naturalisation.

It is open to any individual to lodge an application for naturalisation 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. 

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.

Immigration Status

Questions (142)

Bernard Durkan

Question:

142. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency eligibility for update of stamp 4 or naturalisation status in the case of a person (details supplied); and if he will make a statement on the matter. [18261/19]

Written answers

Minister for Justice and Equality

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.  

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.

Registration of Wills

Questions (143)

Bernard Durkan

Question:

143. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a register of wills exists or is contemplated; and if he will make a statement on the matter. [18264/19]

Written answers

Minister for Justice and Equality

The position is that the views of the Law Society on the desirability of establishing a registration of wills system were sought in 2005.  The Society's Probate, Administration and Trusts Committee subsequently informed the Department that it did not favour the establishment of a Register of Wills for a number of reasons. 

Firstly, since the registration would be voluntary, there might be very limited usage of such a service.  Secondly, even where a will was registered, such registration would not guarantee the validity of the will if the statutory requirements in relation to signature, witnesses etc. had not been complied with.  Moreover, there could be no guarantee that a registered will was in fact the final will of the testator concerned.  I should add that the Law Society reiterated these concerns in a letter to my Department earlier this year.

In light of the foregoing, it is unlikely that any initiative to establish a system for registering wills in this jurisdiction would command the required level of support and involvement from the legal profession.

Departmental Staff Data

Questions (144)

Barry Cowen

Question:

144. Deputy Barry Cowen asked the Minister for Justice and Equality the number of persons employed at each level of the Civil Service from Secretary General to cleaner each year since 2016; the number of those at each level who are female in each year since 2016, in tabular form; and if he will make a statement on the matter. [18355/19]

Written answers

Minister for Justice and Equality

The information requested by the Deputy is outlined below in the table. The data is from 1st January in each year. The numbers below include all staff, including those who were off pay at the time, e.g. career break, unpaid leave, etc.  

2016
	Female	Male	Total
SEC	0	1	1
DS	0	1	1
ASC	4	10	14
PO	26	58	84
AP	71	87	158
HEO	149	97	246
AO	17	8	25
EO	230	136	366
SO	19	8	27
CO	450	190	640
SVO	16	33	49
Prof/Tech	252	153	405
Total	1234	782	2016
2017
	Female	Male	Total
SEC	0	1	1
DS	0	1	1
ASC	6	9	15
PO	29	58	87
AP	81	89	170
HEO	142	93	235
AO	23	12	35
EO	257	170	427
CO	475	221	696
SVO	15	31	46
Prof/Tech	266	155	421
Total	1294	840	2134
2018
	Female	Male	Total
SEC	1	0	1
DS	0	1	1
ASC	3	8	11
PO	36	58	94
AP	94	97	191
AO	37	30	67
HEO	163	123	286
EO	271	177	448
CO	517	291	808
SVO	16	29	45
Prof/Tech	276	157	433
Total	1414	971	2385
2019
	Female	Male	Total
SEC	0	1	1
DS	3	0	3
ASC	3	10	13
PO	44	60	104
AP	110	107	217
AO	32	32	64
HEO	174	123	297
EO	277	188	465
CO	542	305	847
SVO	14	27	41
Prof/Tech	279	165	444
Total	1478	1018	2496

Professional/technical posts consist mainly of staff in the Probation Service and Forensic Science Ireland.  My Department does not employ cleaning staff directly; there is a contract for cleaning services in place.

Question No. 145 answered with Question No. 133.