Written Answers Nos. 240-264
240. Deputy Róisín Shortall asked the Minister for Justice and Equality his plans to allow same-sex couples to avail of the same adoptive leave and benefit which straight couples and single-male adopters are entitled to in the context of the Parent's Leave and Benefit Bill 2019; and if he will make a statement on the matter. [42973/19]
View answerMy Department is working on provisions which will give all adopting couples, whether same sex or opposite sex, the right to select which of them will be the qualified adopter i.e. which will get adoptive leave and benefit. It is my intention to present legislative proposals in this regard to Government in the coming weeks.
It is proposed to include these provisions in a forthcoming Bill, ideally the Social Welfare (No. 2) Bill which will be before the House in November and the purpose of which is to give effect to measures in the Budget. It was not possible to develop the provisions in time for the Parent’s Leave and Benefit Bill, the enactment of which was urgent in view of the commitment to introduce leave and benefit with effect from 1 November.
241. Deputy Margaret Murphy O'Mahony asked the Minister for Justice and Equality if all new policies and programmes since 2017 have been proofed against their potential impact on women with disabilities; and if he will make a statement on the matter. [42975/19]
View answerAs the Deputy will be aware, the Cabinet Handbook requires that all proposals coming before Government must indicate the impacts across a number of socio-economic headings including gender impact, while all substantive memoranda should indicate the impact on people with disabilities. Impact assessment is also a core element of the current system of Regulatory Impact Analysis (RIA), which is a requirement for all Departments submitting policy proposals to Government involving legislative changes.
Under my area of responsibility, the Government has committed, in the National Strategy for Women and Girls 2017-2020, to considering gender impact in the development of new strategies and the review of existing strategies. The Strategy also requires all public bodies to assess and identify the human rights of women and girls and the gender equality issues that are relevant to their functions and address these in their strategic planning, policies and practices, and annual reports, in line with the public sector duty under section 42 of the Irish Human Rights and Equality Commission Act 2014.
The development of policy in addressing the gender pay gap is informed by the public consultation on the gender pay gap conducted in Autumn 2017, which received contributions in which issues affecting women with disabilities were raised.
I can also advise the Deputy that the consultation conducted between October 2018 and February 2019 which is informing development of the new National LGBTI+ Inclusion Strategy had an emphasis on ensuring that marginalised voices, including those of people with disabilities, were sought out and included.
242. Deputy Noel Rock asked the Minister for Justice and Equality the way in which he is planning to implement the European Council Directive 2010/18/EU; and if he will make a statement on the matter. [43010/19]
View answerI can advise the Deputy that Council Directive 2010/18/EU, implementing the revised Framework Agreement on parental leave, was transposed into Irish law by the European Union (Parental Leave) Regulations 2013 (S.I. No. 81/2013).
The Directive is repealed with effect from 2 August 2022 by Directive (EU) 2019/1158 of the European Parliament and of the Council on work-life balance for parents and carers.
243. Deputy Robert Troy asked the Minister for Justice and Equality if he will consider introducing a special rate for naturalisation for long-term British citizens who have resided, worked and paid taxes here for a period of ten years or longer. [43025/19]
View answerAs the Deputy will be aware, 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.
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.
As such, the Regulations make specific provision for particular categories of applicants who may be on a reduced level of income. 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 and do not involve any additional 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.
The fees charged should be viewed in the context of the significant benefits attendant to securing an Irish passport, particularly in the context of visa free travel to other jurisdictions.
Detailed information on Irish citizenship and naturalisation, along with the relevant application forms and guidance notes, is available on the Immigration Service website at ww.inis.gov.ie.
244. Deputy Anne Rabbitte asked the Minister for Justice and Equality the process which will be utilised when engaging with local communities that have been chosen as possible locations for potential direct provision centres; and if he will make a statement on the matter. [43027/19]
View answerMy Department is working to secure new accommodation centres for International Protection applicants, as the number of people arriving to seek protection in the State continues to rise (figures are up 53% to date this year). Because of a shortage of places in our accommodation centres, there are now almost 1,500 people in emergency accommodation in hotels and guesthouses.
My Department is actively working on securing additional capacity, both in its existing centres and through sourcing new accommodation centres. The International Protection Procurement Service of my Department has sought expressions of interest from parties who would be interested in providing accommodation and related services to people in the international protection process and has also launched a nationwide, regional tendering process to source new accommodation centres.
When the evaluation and other commercially sensitive aspects of the each tendering process are completed, the Department will begin engagement with local communities and their political representatives. The Deputy will appreciate that I cannot therefore comment on the possible location of any new centres as yet.
I appreciate that local communities have many questions when they hear that a centre may be opening in their area. I can assure the Deputy that my officials will engage with local representatives and service providers to allay any concerns that there may be at the earliest opportunity.
In terms of local services and supports, once it is confirmed that an accommodation centre is opening in an area, my Department links in with the other State service providers to ensure that all the necessary supports are put in place. Where GP lists are full, the HSE will arrange for access to GPs who have availability in the surrounding area. The Department of Education and Skills ensures access to schools for children and, if required, school transport. Children also have access to the free preschool scheme, the Early Childhood Care and Education programme. The Department of Employment Affairs and Social Protection provides a weekly personal allowance to each resident and covers any exceptional needs. The system operates under a whole-of-Government approach to ensure the best outcomes for residents and for local communities.
As the Deputy may be aware, there is a network of 38 centres across 18 counties. In all cases, there is positive engagement between residents and local communities including through the Friends of the Centre Groups. These Groups promote integration across the communities and are a valuable support to residents and to centre managers and staff.
245. Deputy Anne Rabbitte asked the Minister for Justice and Equality if he will publish the evaluation due for completion in mid-November 2019 outlining potential new locations in the western region for direct provision centres; and if he will make a statement on the matter. [43028/19]
View answerMy Department is working to secure new accommodation centres for International Protection applicants, as the number of people arriving to seek protection in the State continues to rise (figures are up 53% to date this year).
I wish to advise the Deputy that the assessment process for the Western Region is on-going. Due to commercially sensitive aspects of the evaluation process, I am not informed of the locations of the premises offered for consideration until the process is complete.
Following completion of the assessment process, the successful bidders will be advised of their placing on the framework. As the Department draws down from the framework, those bidders will be advised of any required mobilisation works to be commenced before a contract can be signed and the centre can become operational. As the Deputy is aware, the projected completion of the assessment phase is mid-November, however, that is subject to all compliance checks and site visits being completed on schedule.
My Department will engage as soon as possible with the local elected representatives and state service providers in the area in relation to the individual centres and in order to allay any concerns about impacts on local services. My Department is conscious that the general public will have questions about any new centres and is working to ensure that information can be released as early as possible.
246. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of underage arrests made in County Galway pertaining to the sale or use of illegal drugs in each of the years 2014 to 2018 and to date in 2019; and if he will make a statement on the matter. [43029/19]
View answerThe resources provided by Government to An Garda Síochána have reached record levels, with an allocation for 2019 of €1.76 billion. I am also pleased to have secured an overall increase of €122 million to increase An Garda Síochána's budget for 2020 to an unprecedented €1.882 billion for next year, which will also allow for the recruitment of up to 700 new Gardaí and additional Garda staff next year. We now have over 14,200 Gardaí nationwide, supported by over 2,800 Garda staff. A programme of accelerated recruitment is ongoing with a view to reaching 15,000 Gardaí in an overall Garda workforce of 21,000 by 2021. The ongoing recruitment will provide the Commissioner with the resources needed to deploy increasing numbers of Gardaí to deliver a visible, effective and responsive policing service nationwide.
The continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána and the other state agencies tasked with responsibilities in this regard.
The Garda National Drugs and Organised Crime Bureau leads in tackling all forms of drug trafficking and the supply of illicit drugs in Ireland. Collaboration at an inter-agency and international level remain key in tackling this issue. An Garda Síochána also continues to work closely with communities to address any drug-related issues, including through high-visibility patrolling by uniformed personnel and through intelligence-led operations targeting known criminals.
Further and as the Deputy will appreciate, there is a need to address drug-related offending in a strategic multi-agency way. In addition to the work of An Garda Síochána in co-operation with international agencies, it is important to remember that other state agencies are tasked with important responsibilities in this regard. Government policy in relation to drug and alcohol misuse is set out in Ireland’s National Drug Strategy, ‘Reducing Harm, Supporting Recovery’, a health led response to drug and alcohol use in Ireland 2017-2025.
The Strategy represents a whole-of-Government response to the problem of drug and alcohol use in Ireland. It draws upon a range of Government policy frameworks in order to reduce the risk factors for substance misuse. It also commits to addressing the harms of drugs markets and reduce access to drugs for harmful use. Responsibility for overseeing the overall implementation of the strategy rests with the Department of Health. My own Department has responsibility as the lead agency or partner in a number of actions, including keeping drugs legislation under review as the joint lead agency with the Department of Health.
I am informed by the Garda authorities that the following table shows the number of Youth Referrals for Simple Possession in County Galway for the dates requested by the Deputy.
|
Year |
Youth Referrals Galway - Simple Possession |
|
2014 |
30 |
|
2015 |
17 |
|
2016 |
31 |
|
2017 |
49 |
|
2018 |
34 |
|
2019 (correct as of 17 October) |
27 |
The Garda authorities have further informed me that the number of underage persons arrested for Possession of Drugs for Sale or Supply was less than 10 per year for the years 2014 – to date in 2019 in County Galway. As the Deputy may be aware, An Garda Síochána Analysis Service does not typically report on details where there are less than 10 incidents in a given area.
I can also inform the Deputy that an expert Steering Group is currently developing a new Youth Justice Strategy, including a review of the Children Act. The Steering Group commenced its work in February and has had a series of meetings which will continue into next year.
The Group is tasked with advising and guiding the development of the new Strategy, including consideration of the full range of issues connected to children and young people at risk of coming into contact with the criminal justice system, from early intervention and preventative work, including family support, diversion from crime, through to court processes and facilities, supervision of offenders, detention and reintegration and support post release. The intention is that we will have a draft Strategy for publication for public consultation by the end of this year, and that the Strategy will be finalised in the first half of 2020.
Strengthening and expanding the role of the Garda Youth Diversion projects and other community-based initiatives, including those working with the Probation Service, and bringing the full range of relevant interventions together in a coherent and holistic response to youth crime and as a support to diverting young people from crime and anti-social behaviour is a key priority for the new Strategy. The Deputy will also be aware of the health diversion approach to drug possession recently approved by the Government. My Department is working closely with the Department of Health in the development of operational protocols in this regard.
247. Deputy James Browne asked the Minister for Justice and Equality when the commitment to admit 4,000 persons under the relocation and resettlement programmes will be met; and if he will make a statement on the matter. [43070/19]
View answerIn 2015, as part of Ireland's response to the migration crisis in central and southern Europe, the Government established the Irish Refugee Protection Programme (IRPP). Under this programme, the Government committed to accepting up to 4,000 people into the State, primarily through a combination of the EU Relocation Programme and the UNHCR's Refugee Resettlement Programme.
The Government Decision to accept 4,000 persons into the State did not contain a deadline. However, the relocation mechanism did carry a time limit of approximately two years to end on 31 December 2017. This time limit was extended to 31 March 2018. In total, 1,022 people were welcomed into Ireland under the EU relocation mechanism, which fulfilled Ireland's commitment to this strand of the Programme.
I can inform the Deputy that a total of 2,661 people have arrived in Ireland to date under the various strands of the IRPP, 57 of whom are unaccompanied minors.
An IRPP mission to Lebanon in March 2019 selected 331 refugees for resettlement to Ireland. I can inform the Deputy that 53 programme refugees arrived in early September and a further 30 programme refugees arrived this month, the majority of whom were interviewed and selected during this mission to Lebanon.
A selection mission to Jordan in July 2019 saw approximately 270 programme refugees interviewed by the IRPP. This will complete Ireland’s commitment to admit 1,985 programme refugees under the resettlement strand of the IRPP. The remaining contingents are due to arrive in Ireland by the end of 2019.
The IRPP programme also includes the IRPP Humanitarian Admission Programme under which Irish citizens, programme refugees, Convention refugees and persons with subsidiary protection can apply for family members to come to Ireland where those persons are living in the top 10 refugee generating countries. Given the volume of proposals received to date, it is expected that those now received will be sufficient to enable 740 places under the Programme to be filled, an additional 210 places from the originally envisaged amount of 530. 119 people from this Programme have already arrived in the state.
The following table shows the current state of commitments made and the number of persons welcomed to Ireland as part of the IRPP.
Commitments and Arrivals as part of the IRPP
|
|
Commitment |
Arrivals |
Remaining |
|
EU Relocation Strand (concluded on 31 March 2018) |
1,022 |
1,022 |
- |
|
Of which are unaccompanied minors |
6 |
6 |
- |
|
|
|
|
|
|
UNHCR-led Resettlement Strand |
1,985 |
1,418 |
567 |
|
|
|
|
|
|
Calais Special Project |
41 |
41 |
- |
|
Unaccompanied minors: Greece |
36 |
- |
36 |
|
Total unaccompanied minors |
77 |
41 |
36 |
|
|
|
|
|
|
IRPP Humanitarian Admission Programme 2018/19 |
740 |
119 |
621 |
|
|
|
|
|
|
Mediterranean search and rescue missions |
|
|
|
|
Adults |
154 |
54 |
100 |
|
Unaccompanied minors |
9 |
7 |
2 |
|
Total from search and Rescue missions |
163 |
61 |
102 |
|
|
|
|
|
|
Mechanism as yet undecided |
13 |
- |
13 |
|
|
|
|
|
|
Total IRPP Commitment/Arrivals |
4,000 |
2,661 |
1,339 |
248. Deputy Sean Fleming asked the Minister for Justice and Equality if his attention has been drawn to the serious living conditions in a hotel (details supplied); and if he will make a statement on the matter. [43071/19]
View answerMy Department is responsible for offering accommodation and related services to international protection applicants while their claim for protection is being examined. The Deputy will appreciate that these services are demand led and generally it is difficult to predict demand far in advance.
I am advised that, as of 13 October 2019, 7,544 persons were being provided with accommodation by the International Protection Accommodation Services (IPAS) of my Department, formerly the Reception and Integration Agency.
Currently, there are 6,066 persons residing in the 38 accommodation centres located nationwide across 18 counties. As these centres are at full capacity, there are also a further 1,478 applicants residing in 36 emergency accommodation locations in hotels and guest houses.
Every effort is made to re-accommodate applicants in emergency locations to a dedicated accommodation centre as quickly as possible and my Department is actively working on securing additional capacity, both in its existing centres and through sourcing new accommodation centres.
I can advise that, following receipt of reports on Friday 4 October 2019 of alleged overcrowding in the premises referred to by the Deputy, two officials of my Department visited the premises. They inspected and measured every room in use and also spoke to residents.
The inspection found that the living spaces, which were being provided within the premises, were in compliance with the legal requirements set out in the relevant legislation, the Housing Act 1966 (as amended). My officials have also confirmed that video footage showing beds in a windowless room is, in fact, of a storeroom which is not being used to accommodate any person.
I can further advise that my officials did not receive any adverse comment from the residents regarding the standard of the accommodation during their visit on Friday 4 October. The Deputy will be interested to note that the Office of the Ombudsman has also recently engaged with residents in these premises and did not receive complaints in relation to the standard of accommodation.
Notwithstanding that the inspection found the premises to be legally compliant and that there was no complaint received by the residents, my Department is in discussions with the company providing the premises with a view to improving the space available to the occupants of one particular room by reducing the number of beds in that room.
249. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the amounts paid to the top ten personal insolvency practitioner, PIP, providers for vouchers redeemed under the Abhaile scheme for financial advice in each of the years 2016 to 2018 and to date in 2019, in tabular form. [43120/19]
View answer250. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of vouchers redeemed by the top ten PIPs for financial advice under the Abhaile scheme in each of the years 2016 to 2018 and to date 2019, in tabular form. [43121/19]
View answerI propose to take Questions Nos. 249 and 250 together.
The Deputy will be aware that the Insolvency Service of Ireland, (ISI) is an independent statutory body under my remit. I have had the necessary enquiries made and the Insolvency Service of Ireland have provided the information sought by the Deputy.
The top 10 PIPs are based on the volume of vouchers redeemed. The following table provides the number of vouchers redeemed by the top 10 PIPs, in each of the years 2016 to 2018 and up the end of Quarter three in 2019. Each Abhaile PIP voucher is worth €500 for the provision of fixed services to a borrower.
|
|
No. vouchers redeemed by top 10 PIPs (by volume) |
Value of vouchers (€) |
|
Year |
|
|
|
2016 |
827 |
413,500 |
|
2017 |
1,972 |
986,000 |
|
2018 |
1,228 |
614,000 |
|
2019 (to end Q3) |
1,044 |
522,000 |
251. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of recorded personal insolvency arrangements arranged by the top ten PIPs under the Abhaile scheme in each of the years 2016 to 2018, and to date in 2019. [43122/19]
View answerThe Deputy will be aware that the Insolvency Service of Ireland, (ISI) is an independent statutory body under my remit. I have had the necessary enquiries made and the Insolvency Service of Ireland has provided the information sought by the Deputy.
|
Year |
No. Court approved PIAs (Top 10 PIPs by volume) |
|
2016* |
201 |
|
2017 |
344 |
|
2018 |
338 |
|
2019** |
129 |
* Q3 & Q4
**Q1 – Q3
Please note that there is no direct correlation between Abhaile vouchers redeemed by a PIP and the number of Personal Insolvency Arrangements (PIAs) approved by court. An Abhaile PIP voucher allows a borrower access financial advice from a PIP. Depending on the unique circumstances of the borrower, the advice may be for the borrower to pursue a statutory debt solution and in other cases, a non-statutory debt solution is recommended. In general, it is important to note that the PIP recommendation is the start of the borrower's journey to explore debt resolution options.
252. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if consideration has been given to the establishment of an independent pay review body for An Garda Síochána; and if he will make a statement on the matter. [43213/19]
View answerAs the Deputy will be aware, decisions around public service pay policy or the establishment of any body to review public sector pay including An Garda Síochána is a matter for the Minister for Public Expenditure and Reform and as such, I have no direct role in the matter.
Further and as the Deputy may be aware, the issues around how the Garda associations should make representations with regard to pay and related conditions were the subject of deliberation by the Working Group on Garda Industrial Relations. This Group delivered its report in July 2017. Having considered, as part of its remit, submissions in relation to independent pay review mechanisms, the Working Group expressed the view that matters relating to pay and associated conditions in An Garda Síochána are suitable to be determined in the context of the central negotiations that have supported successive public service agreements over recent years.
The Working Group recommended in its Report, which has been endorsed by Government, that the Garda Associations should in all cases be enabled to make representations with regard to overall pay issues and related conditions in a manner which is no less advantageous than the facilities available to other public servants. This includes access for Garda members, through their representative associations, to the centralised collective bargaining arrangements through which public service pay determination is conducted. I am satisfied that the pay determinations are the most appropriate in the current circumstances.
253. Deputy Mattie McGrath asked the Minister for Justice and Equality the consultancy service providers engaged by his Department from 1 January 2018 to 1 January 2019; the costs associated with each (details supplied); the reason for each service engagement; and if he will make a statement on the matter. [43318/19]
View answerThe details of the expenditure incurred by my Department under the specified heading (Administration 7 - Consultancy Services) during 2018 is set out in the following table.
|
Provider |
Amount (Euro) |
Services Provided |
|
Royal College of Physicians of Ireland |
15,000 |
Review of the organisational structure of the Office of the State Pathologist |
|
Athrú Consultancy |
5,535 |
HR consultancy services |
|
Mazars |
69,372 |
Specialist ICT audit services to support the Internal Audit function |
|
KW Research & Associates |
6,894 |
Facilitation of consultation workshops on development of LGBTI+ Strategy |
|
Grainne Healy |
6,718 |
Facilitation of consultation workshops on development of LGBTI+ Strategy |
|
Total |
103,519 |
254. Deputy Mattie McGrath asked the Minister for Justice and Equality the details of each value for money and policy review conducted by his Department from 1 January 2018 to 1 January 2019; the cost of each exercise; and if he will make a statement on the matter. [43335/19]
View answerValue for money reviews are part of an ongoing process of expenditure evaluation and are carried out under the Department of Public Expenditure and Reform’s Public Spending Code.
The purpose of these reviews is to examine spending in specific areas to provide a strong evidential basis on which more informed decisions can be made. In particular, reviews evaluate the objectives justifying spending, whether those objectives have been achieved, the efficiency of the approach taken and how the approach taken compares to possible alternatives.
My Department published a value for money and policy review of Prisoner Escorts in the Criminal Justice System in September 2018. The review is available on my Department's website at
http://www.justice.ie/en/JELR/VFMPR%20Prisoner%20Escorts%202018.pdf/Files/VFMPR%20Prisoner%20Escorts%202018.pdf .
The review was undertaken between January 2017 and August 2018 under the direction of a Steering Committee comprising representatives of my Department, the Irish Prison Service, An Garda Síochána, and the Courts Service, and with an independent chair. It drew upon extensive expert input, including from external stakeholders. The total cost of the review was €85,413.
This review found that while the current system has many strengths, there are opportunities for improvement including scope to significantly reduce prisoner court appearances through greater use of video-link facilities, streamlined warrant and committal procedures and the improvement of logistics and technical support capabilities.
A delivery oversight group has been established to further assess the recommendations and to put in place an implementation programme. My Department is actively progressing the development of legislation to provide for the increased use of video-link evidence.
255. Deputy Micheál Martin asked the Minister for Justice and Equality if he was notified of the cost of overtime for An Garda Síochána from 5 to 12 October 2019 to cover the demonstrations of a group (details supplied); and if he will make a statement on the matter. [43389/19]
View answerIn 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. Further and as Accounting Officer, the allocation and efficient use of Garda resources is a matter for the Commissioner.
I am informed by the Garda authorities that the information requested by the Deputy is not yet available. I will contact him directly once the information is to hand.
256. Deputy Niamh Smyth asked the Minister for Justice and Equality the reason persons (details supplied) are still waiting on final paperwork to be finalised and visas issued. [43394/19]
View answerAs previously advised to the Deputy in response to Parliamentary Question No. 659 of 6 September, 2019, written representations were submitted on behalf of the persons concerned in response to a notification issued by my Department pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended).
I am informed that further documentation/information was requested from the applicants by letter dated 23 September 2019. This has not been received to date and the applicants' legal representative was so advised by my Department on 16 October 2019.
The representations made, 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 Immigration Service 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 is, in the Deputy’s view, inadequate or too long awaited.
257. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the amount of fireworks seized by An Garda Síochána in each of the years 2016 to 2018 and to date in 2019; and the number of persons prosecuted for possession of fireworks without a valid licence during the same period. [43403/19]
View answerAs the Deputy will appreciate, the Garda Commissioner has responsibility for managing An Garda Síochána and for the allocation of Garda resources, in light of identified operational demands. Further and following investigations by An Garda Síochána, prosecutions are a matter for the Director of Public Prosecutions, who is independent in the performance of her functions.
I am advised by the Garda authorities that An Garda Síochána take a proactive approach and have put measures in place in every Garda Division to assist in the prevention and detection of the sale and importation of fireworks in the run-up to Halloween. 'Operation Tombola' is currently in place to deal with bonfires, fireworks and any associated public disorder.
The law is clear on the use of fireworks in Ireland. Fireworks are regulated and can only be imported into Ireland under licence. Licences for the import of fireworks are issued by my Department only for the importation of fireworks which are to be used in organised displays conducted by professional and competent operators.
Under Part 6 of the Criminal Justice Act 2006:
- It is an offence for any person to possess a firework with intent to sell or supply, without a licence,
- It is an offence to throw an ignited firework at any person or property, and
- It is an offence to light unlicensed fireworks in a public place.
Part 6 of the 2006 Act also gives An Garda Síochána the power to make arrests in relation to the possession of unlicensed fireworks.
The penalties for these offences are very severe. Having unlicensed fireworks in your possession with intent to sell or supply can result in a fine of up to €10,000 and up to five years imprisonment. Igniting the fireworks or throwing an ignited firework at a person or property is also liable to the same severe penalties.
I am informed by the Garda authorities that the following table sets out information on the number of seizures of fireworks in the years 2016 to date in 2019 as well as their estimated value.
|
Year |
Number of Seizures |
Estimated value of seizure |
|
2016 |
100 |
€15,537 |
|
2017 |
89 |
€5,330 |
|
2018 |
123 |
€17,569 |
|
2019 |
34 |
€4,904 The Deputy |
The Deputy will appreciate that the decision about whether or not to prosecute a person, and for what crime, is entirely a matter for the Director of Public Prosecutions and I have no role in such matters.
Finally, I would remind they Deputy that each year, as Halloween approaches, my Department runs an advertising campaign highlighting both the public safety aspects as well as the illegality of using fireworks. I launched the most recent campaign on 21 October, in cooperation with An Garda Síochána and the Fire Service. The campaign is scheduled to run in print and online media in the coming weeks.
258. Deputy Jack Chambers asked the Minister for Justice and Equality further to Parliamentary Question No. 581 of 6 September 2019, if his attention has been drawn to the fact that the information sought has been supplied previously by the applicant over the phone and on numerous occasions (details supplied); if this case can now be expedited and prioritised in view of the fact it has been ongoing for more than five years; and if he will make a statement on the matter. [43430/19]
View answerThe Criminal Injuries Compensation Tribunal administers two schemes:
- the Scheme of Compensation for Personal Injuries Criminally Inflicted and;
- the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers.
The Tribunal is made up qualified barristers and solicitors. Under the terms of the Scheme, the Tribunal is limited to a Chair and 6 ordinary members who provide services on a part-time basis. It is entirely independent in the matter of individual decisions on applications for compensation.
The Deputy will appreciate that as such, I cannot intervene in relation to individual cases.
However, I can inform the Deputy that I understand from Tribunal staff that they recently wrote to the applicant with a query and indicated to the applicant that, on receipt of the response, the application would be sent to the Tribunal for a decision.
259. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when a decision will be made on an application for renewal of a stamp 0 visa in respect of a person (details supplied) in County Galway; the reason for the delay in making a decision in relation to the application in view of the fact that the current visa is due to expire on 22 October 2019; and if he will make a statement on the matter. [43485/19]
View answerAn application for Temporary and Limited Leave to Remain was received from the person referred to by the Deputy on 19 June 2019 by the Immigration Service of my Department. Applications are dealt with in chronological order from the date of receipt. My officials will be in contact with the person concerned in due course.
Queries in relation to the status of individual immigration cases may be made directly to the Immigration Service 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 Immigration Service is, in the Deputy’s view, inadequate or too long awaited.
260. Deputy Jim O'Callaghan asked the Minister for Justice and Equality further to Parliamentary Question No. 261 of 15 October 2019, the number of juvenile liaison officer posts that are unfilled; and if he will make a statement on the matter. [43570/19]
View answerAs the Deputy will appreciate, the Garda Commissioner has responsibility for managing An Garda Síochána and for the allocation of Garda resources, in light of identified operational demands. This includes responsibility for personnel matters and the distribution of personnel across the various Garda Divisions. 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.
I am advised by the Commissioner that Garda Juvenile Liaison Officers (JLOs) are specially trained to fulfil a key role in implementing the Garda Diversion Programme. Their role includes the administration of formal and informal cautions as well as appropriate supervision of children who have been admitted to the Diversion Programme, as provided in Part 4 of the Children Act 2001.
I am informed by the Garda authorities that as at 9 October 2019 there were 113 Juvenile Liaison Officers assigned at a divisional level nationally. I am advised by the Garda authorities that nationally, three JLO positions remain to be filled. I am further advised that the recruitment process has commenced for all three roles.
261. Deputy Anne Rabbitte asked the Minister for Justice and Equality when he plans to launch the revised non-EEA retirees scheme; when full details will be made available; and if he will make a statement on the matter. [43571/19]
View answerIreland operates an immigration system with various legal pathways open to persons to enter and remain in the State in accordance with national immigration legislation. The purpose for which someone intends to reside in the State normally determines his or her immigration status and the attendant conditions are reflected in the type of immigration stamp provided.
I have, since April 2018, introduced a number of preclearance processes to facilitate and streamline entry to the State. These apply to both visa and non-visa required non-EEA nationals. One of the key objectives of the revised procedures is to provide certainty to applicants prior to their arrival and make their immigration process as straightforward as possible both at the port of entry and on registration of their immigration permission once in the State.
Such preclearance processes are currently in place for Lay Volunteers, Ministers of Religion, and De Facto Partners of (1) an Irish National, (2) a person holding a Critical Skills Employment Permit and (3) a non EEA Researcher on a hosting agreement .
Further information on these schemes is available on the Immigration Service website -
http://www.inis.gov.ie/en/INIS/Pages/Irish%20Visa%20Information
A draft immigration scheme for non EEA national retirees applying for permission to reside in the State remains under consideration but wider policy matters have meant that the timescale for completion of the scheme has had to be extended.
I hope to be in a position to announce a scheme as soon as these matters have been addressed.
262. Deputy Willie Penrose asked the Minister for Justice and Equality the number of Garda vehicles attached to Athlone and Mullingar Garda districts as of 11 October 2019; the equivalent figures as of 1 January 2019; and if he will make a statement on the matter. [43618/19]
View answerThe resources provided by Government to An Garda Síochána have reached record levels, with an allocation for 2019 of €1.76 billion. I am pleased to have secured an overall increase of €122 million to increase An Garda Síochána's budget for 2020 to an unprecedented €1.882 billion for next year.
Very significant capital investment is also being made in An Garda Síochána, including a total of €46 million for investment in the Garda fleet between 2016 and 2021. €10 million capital funding has been made for the purchase and fit-out of Garda vehicles in 2019. I understand from the Garda authorities that this allocation is being used for purchase and fit-out of over 300 new vehicles for operational use this year. A further €9 million capital funding has been allocated for the Garda fleet in Budget 2020.
As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles across the various Garda divisions are a matter for the Commissioner in light of his identified operational demands and the availability of resources. As Minister, I have no direct role in that matter.
I am informed by the Garda authorities that the strength of the Westmeath Divisional Fleet as on 17 October, 2019 is as set out in the following table.
|
Fleet as on 17 October 2019 |
Cars |
Vans |
Mbikes |
4 x 4 |
Others |
Total |
|
ATHLONE DISTRICT |
12 |
2 |
1 |
1 |
1 |
17 |
|
MULLINGAR DISTRICT |
40 |
13 |
2 |
0 |
1 |
56 |
|
WESTMEATH DIVISION |
52 |
15 |
3 |
1 |
2 |
73 |
I am further informed by the Garda authorities that the strength of the Westmeath Divisional Fleet as on 1 January 2019 was as set out in the following table.
|
Fleet as on 1 January 2019 |
Cars |
Vans |
Mbikes |
4x4 |
Others |
Total |
|
ATHLONE DISTRICT |
12 |
2 |
1 |
2 |
1 |
18 |
|
MULLINGAR DISTRICT |
28 |
13 |
2 |
2 |
5 |
50 |
|
WESTMEATH DIVISION |
40 |
15 |
3 |
4 |
6 |
68 |
It may be noted that An Garda Síochána has indicated that following a full review of fleet categories undertaken in August 2019, some vehicles classed as “Others” and some classed as “4 X 4” have now been reclassified as “Cars”.
263. Deputy Willie Penrose asked the Minister for Justice and Equality the number of prison officers who left the Irish Prison Service in 2018 and to date in 2019; the number of prison officers that joined the service in 2018 and to date in 2019; if a new recruitment campaign for prison officers will be launched early in 2020; and if he will make a statement on the matter. [43622/19]
View answerI am informed by the Irish Prison Service that 124 Prison Grade Staff left the Irish Prison Service in 2018. I am further informed that to date in 2019 (as of 19 October), 104 Prison Grade Staff have left.
I am further informed that 181 Recruit Prison Officers joined the Irish Prison Service in 2018 and that an additional 167 Recruit Prison Officers have joined to date during 2019.
It is anticipated that a new recruitment campaign for the Irish Prison Service will commence in Quarter 1 2020. In the usual way, bearing in mind factors including retirement of existing staff, it can be expected that further recruitment will be necessary over the coming years in order for the Irish Prison Service to continue to provide safe and secure custody for those in their care.
264. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation the number of fatalities at State ports in the past five years to date due to workplace accidents; if one single health and safety charter exists for the sector; if she has met with port managers on this issue; her plans to engage will stakeholders in respect of health and safety issues at ports; and if she will make a statement on the matter. [42982/19]
View answerThe regulatory Agency for the enforcement of occupational safety and health across all workplaces within the State, including ports, docks and harbour facilities, is the Health and Safety Authority (HSA) which operates under the auspices of my Department.
I have been informed by the HSA that there has been six (6) fatalities in the ports, docks and harbour sectors in the last five full year periods between 2013 to 2018, and so far this year (2019) there has been an additional three (3) fatalities recorded by the Authority.
Fatal accidents on Docks 2015 - 2019
|
Year |
Number of Fatal Accidents |
|
2015 |
2 |
|
2016 |
0 |
|
2017 |
2 |
|
2018 |
2 |
|
2019 (to 16th October) |
3 |
|
Total |
9 |
The two primary pieces of safety and health legislation that apply to ports, docks and harbours are the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007).
In addition, the HSA, in consultation with representatives from the Irish ports, docks and harbours sectors, and from the relevant trade unions, produced a Code of Practice, entitled "Code of Practice for Health and Safety in Dock Work " which came into effect on the 1st January 2016. This Code aims to provide practical guidelines, based on a risk management framework, to assist employers, employees and others in complying with their duties under the Safety, Health and Welfare at Work Act 2005. Under the 2005 Act codes of practice published or approved by the Authority are admissible as evidence to the Courts.
I would stress that ports, docks and harbours are all subject to the same occupational safety and health regime as every other workplace within the State. The safety and health of every employee at work is the responsibility of their respective employer. In situations where a person is at work in a place which is under the control of another employer the person who is considered to be in control of that place of work has an additional responsibility for that person.
Other legislation relating to operation and practices of seafarers on board merchant vessels while docked fall under the responsibility of the Minister for Transport, Tourism and Sport, while certain regulations relating to fishing vessels fall within the responsibility of the Minister for Agriculture, Food and the Marine.
I, along with the HSA, met with representatives of the Shannon/Foynes Port facility and used the opportunity to tour the facility. I also met recently with trade union representatives involved in the sector along with officials from the HSA and we had a good exchange of views on how health and safety matters might be better addressed in relation to ports, docks and harbours and on how general safety awareness can be increased. Separately, the HSA carried out a two-week national inspection campaign on the ports, docks and harbour sectors earlier this month.
I can assure the Deputy that the HSA will closely monitor work practices in ports, docks and harbours to ensure that work practices conform fully to health and safety requirements.
