Written Answers Nos. 914-938
914. Deputy Michael Ring asked the Minister for Justice and Equality if an error made by her Department in the issuing of a refugee declaration can be rectified urgently in order that the nationality of a person (details supplied) can be correctly listed; and if she will make a statement on the matter. [14960/20]
View answerDue to the restrictions in place because of the Covid-19 pandemic, the processing of identity change requests will be limited until further notice.
However, an official from my Department will contact the person concerned in the coming days to update her on her case.
Queries in relation to the status of individual immigration cases may be made directly to 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.
915. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if she will make a statement on the matter. [14987/20]
View answerThe persons concerned are the subject of Deportation Orders, signed on 20 February 2019, requiring them to remove themselves from the State and to remain outside the State. The enforcement of Deportation Orders is a matter for the Garda National Immigration Bureau.
Representations have since been received on behalf of the persons concerned, requesting that the Deportation Orders be revoked pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended). This request will be considered as soon as possible and the decision to either "affirm" or "revoke" the existing Deportation Orders will be communicated to the persons concerned in writing. In the meantime, the Deportation Orders remains valid and in place.
It is not possible to provide a definitive time-frame within which a particular application will be decided. The persons referred to can be assured that there will be no avoidable delay in having their case brought to finality.
Queries in relation to the status of individual cases may be made directly to 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.
916. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the strength of An Garda Síochána, including the Garda Reserve; the degree to which the numbers have fluctuated in the past four years; and if she will make a statement on the matter. [15002/20]
View answerThe Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no responsibility for 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.
The resources provided to An Garda Síochána have reached unprecedented levels, with an allocation for 2020 of €1.88 billion. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff and as a result, An Garda Síochána is a growing organisation.
As at 31 May 2020, there are now 14,700 Gardaí - the largest ever number - and 436 Garda Reserves nationwide, supported by over 3,000 Garda staff and these numbers are continuing to grow.
A detailed breakdown of the Garda workforce, including Garda members, Garda Reserves and Garda staff, is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, in the interests of transparency and for the convenience of Deputies and the wider public.
Information on the Garda workforce including Garda staff is available at the following link:
http://www.justice.ie/en/JELR/Pages/Garda_Workforce
Information on the strength of the Garda Reserve in each of the years from 2009 to 31 May 2020 can be found at the following link:
http://justice.ie/en/JELR/Pages/Garda_Reserve.
917. Deputy Brendan Griffin asked the Minister for Justice and Equality the status of an application for a presidential pardon (details supplied); and if she will make a statement on the matter. [15014/20]
View answer919. Deputy Brendan Griffin asked the Minister for Justice and Equality the position in respect of efforts to pardon a person (details supplied); if she will prioritise the continuation of the process initiated by her predecessor in order that they will be pardoned and closure given to their relatives; and if she will make a statement on the matter. [15036/20]
View answerI propose to take Questions Nos. 917 and 919 together.
I want to thank the Deputy for raising this matter with me, which I know he has previously raised with my predecessor as Minister.
The case in question has received detailed consideration by officials in my Department and a relevant academic has been engaged to provide expert opinion on the matter.
I will write to the Deputy directly with a further update.
918. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to previous parliamentary questions in the case of a person (details supplied), if the information requested can be supplied; and if she will make a statement on the matter. [15016/20]
View answerFor reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for asylum or subsidiary protection has been made in the State, Section 26 of the International Protection Act 2015 refers.
An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.
However, I can confirm that an applicant for international protection is awarded international protection, whether refugee status or subsidiary protection status, upon a declaration of status being issued from my Department. This is done on foot of a grant recommendation from the International Protection Office (IPO) or a decision of the International Protection Appeals Tribunal (IPAT) to set aside a refusal recommendation of the IPO.
My Department processes the recommendations received from the International Protection Office and the decisions of the International Protection Appeals Tribunal in chronological order based on the date the file is received in that Unit. Once the necessary due diligence has been carried out by the Ministerial Decisions Unit, a declaration of status will issue as soon as possible thereafter.
The International Protection Office may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
The Ministerial Decisions Unit operates an email service for responding to queries - mduinfo@justice.ie.
Queries in relation to the status of individual immigration cases may be made directly to 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.
920. Deputy Sean Sherlock asked the Minister for Justice and Equality the delegated functions assigned to the Minister of State with responsibility for law reform; and the date those delegated functions come into effect. [15048/20]
View answerThe delegation of functions to the Minister of State, Deputy McConalogue, is currently under consideration and further details will be announced when finalised.
921. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding eligibility of residency status, stamp 4 and eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [15079/20]
View answerThe person referred to by the Deputy is the subject of a deportation order signed on 25 August 2017 and, therefore, does not meet the requirements to qualify for a certificate of naturalisation.
Representations were received on behalf of the person concerned requesting that the deportation order made in respect of them be revoked, pursuant to the provisions of Section 3(11) of the Immigration Act 1999 (as amended) in the period 29 September 2017 and 07 March 2018. Following full consideration of these representations, the deportation order was affirmed and notified to the person concerned in writing on 08 May 2019 to their last known address. The deportation order remains valid and in place and the enforcement of a Deportation Order is a matter for the Garda National Immigration Bureau.
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.
922. Deputy Neale Richmond asked the Minister for Justice and Equality the breakdown of Garda vehicle resources in the DMR; and if she will make a statement on the matter. [15111/20]
View answerIn accordance with the Garda Síochána Act 2005, 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 identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no 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 as of 30 June 2020, there were 2,961 vehicles attached to the Garda fleet. I understand that this compares to a total of 2,794 vehicles as of end December 2019.
The following table, furnished to me by the Garda authorities, set out the number of vehicles attached to the DMR as at 30 June 2020.
|
Division |
Cars |
Vans |
Motorcycles |
4 x 4 |
*Others |
Total |
|
DMR EAST |
56 |
11 |
0 |
1 |
1 |
69 |
|
DMR NORTH |
87 |
13 |
0 |
1 |
1 |
102 |
|
DMR NORTH CENTRAL |
54 |
12 |
0 |
3 |
1 |
70 |
|
DMR SOUTH CENTRAL |
56 |
14 |
0 |
0 |
1 |
71 |
|
DMR SOUTH |
64 |
16 |
0 |
2 |
1 |
83 |
|
DMR TRAFFIC |
21 |
2 |
49 |
3 |
0 |
75 |
|
DMR WEST |
76 |
14 |
0 |
0 |
7 |
97 |
|
TOTAL |
414 |
82 |
49 |
10 |
12 |
567 |
*The category 'Others' refers to MPV, SUV, Minibus or Prisoner Conveyance Vehicles
For clarity, it may be noted that these figures do not include the additional 210 vehicles which have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.
Significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for 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.
Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020. I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4 million and fit-out costs of €600,000. The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.
923. Deputy Sean Sherlock asked the Minister for Justice and Equality the number of establishments investigated for breaches of guidelines on return to work since 29 June 2020 by Garda division and business activity in tabular form. [15131/20]
View answerAs the Deputy is aware, the Garda powers in response to the Covid -19 pandemic were provided for under section 31A of the Health Act 1947, as inserted by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 and brought temporarily into effect through subsequent regulations – the Health Act, 1947 (Section 31A – Temporary Restrictions) (Covid-19) Regulations 2020. There was consultation between senior officials in my Department and the Department of Health in relation to this legislation, and, having been drafted by the Attorney General’s Office, the regulations were signed by the then Minister for Health, following consultation with my predecessor, Deputy Flanagan, as Minister for Justice and Equality, as well as the then Minister for Finance and for Public Expenditure and Reform.
On foot of this the Garda Commissioner and his senior team have implemented a carefully graduated policing response, based on its strong tradition of policing by consent. Garda members engage, explain and encourage members of the public to comply and, only as a last resort, make use of their enforcement powers under these regulations. A range of actions are being taken to ensure that the policing of these public health restrictions is carried out in an appropriate, proportionate and human rights compliant manner.
Adherence to the return to work guidelines by establishments referred to by the Deputy is not a matter for An Garda Síochána but, rather, for the Health and Safety Authority.
924. Deputy Sean Sherlock asked the Minister for Justice and Equality if she has received briefings as to the use of nitrous oxide canisters; and if she will make a statement on the matter. [15133/20]
View answerI am informed that An Garda Síochána is aware of the potential health issues that arise as a consequence of the misuse of nitrous oxide. However, at present, nitrous oxide is not a controlled substance under the Misuse of Drugs Acts and is therefore outside my remit as Minister for Justice and Equality.
Requests for information in relation to the misuse of nitrous oxide should therefore be directed to the Department of Health, the HSE and the Health Products Regulatory Authority, which I understand has previously issued advisories on the misuse of this substance.
I can, however, confirm to the Deputy that the Garda National Drugs & Organised Crime Bureau (GNDOCB) interacts with the Health Service Executive (HSE) and other relevant stakeholders, including the Health Products Regulatory Authority (HPRA), where it observes particular trends in drug use that may require intervention on the part of the Department of Health or other relevant Department and/or State agency. This is in line with the National Drug and Alcohol Strategy which includes actions to strengthen the response to the illegal drugs market by developing systems to monitor changing drug trends in line with the EU Early Warning System (3.3.38a) and to complete the development of the HSE public alert system for adverse events due to drugs (3.3.38b).
In this regard, I am informed by the Garda authorities that the GNDOCB has communicated with the relevant bodies relating to its experience relating to the possession and use by particular persons of nitrous oxide.
925. Deputy Paul Murphy asked the Minister for Justice and Equality if she will consider introducing a statutory instrument to extend carer’s leave and allowance until the end of 2020 for certain cohorts of persons (details supplied). [15144/20]
View answerSection 6 of the Carer's Leave Act 2001 provides that employees with at least one year's continuous service are entitled to take up to 104 weeks of carer's leave.
While there are no plans to amend the Carer's Leave Act, I am conscious of demands on parents at this time and hope that the additional measures to support working parents that my Department has introduced in recent years are helping to ease some of these demands. For example, from 1 September 2016, under the Paternity Leave and Benefit Act, fathers are entitled to two weeks of paternity leave and benefit. From 1 October 2017, the duration of maternity leave and benefit has been extended in cases where a baby is born prematurely. From 1 November 2019, under the Parent’s Leave and Benefit Act, new parents are entitled to two weeks each of parent’s leave and benefit, to be taken within the first year of a child’s life. On 1 September 2019, under the Parental Leave (Amendment) Act, unpaid parental leave was increased from 18 weeks to 26 weeks.
926. Deputy Brendan Griffin asked the Minister for Justice and Equality if plans are under way for the closure of a direct provision centre (details supplied) on the basis that the town is completely unsuitable as the location for such a facility in view of the lack of appropriate services locally and the fact that Ireland is entering a new phase in the response to Covid-19; and if she will make a statement on the matter. [15173/20]
View answerMy Department, the HSE and the management of all of our centres are doing everything that we can to protect the health and welfare of our residents and centre staff as well as that of the wider community at this time. We are working closely with the HSE in doing so, and while the HSE advice has evolved over time, we have been assured by both it and the Office of the Chief Medical Officer that our approach is appropriate.
All accommodation centres are carefully following the guidelines for our centres that have been published by the HSE’s Health Protection Surveillance Centre, which can be found on its website www.hpsc.ie. That guidance exists precisely because it is recognised that congregated settings such as Direct Provision centres present specific challenges in this pandemic.
The HSE confirmed on 20 May 2020 that an outbreak in the centre referred to was over and that the period of self-isolation for residents at the centre had ended. All residents are now subject to the same restrictions as everyone else under the Government’s roadmap.
With respect to access to services, my Department works closely with other Departments and agencies to link residents in with the necessary supports and services when an accommodation centre is being opened including with the Department of Education and Skills, DES, to plan for school provision for children resident in the centre. Asylum-seeking children living in accommodation centres are educated within the mainstream education system and can access free primary and post-primary education in the same way as other children in Ireland. A DES official is seconded to my Department to act as a liaison between both Departments and with schools, and the Tusla Education Support Service.
The Tusla Education Support Service is responsible for assisting with school enrolment and attendance. Following the opening of a new accommodation centre, contact is made with local schools and a meeting is held with the centre manager, Tusla Education Support Service and the Department of Education and Skills to discuss and agree issues relating to the enrolment of the pupils. If there is a high concentration of children of school going age in the one centre, children are linked to a number of schools in the surrounding area.
When the numbers and age ranges of the children from the centre are identified, the Department of Education and Skills will ensure that:
- Where the increase in the numbers of students entitles the school to an additional teaching allocation, this will be provided as soon as possible.
- Where the enrolment of the children resident in the accommodation centre entitles the school to an additional teaching allocation for English as an Additional Language (EAL), this will be provided as soon as possible.
- Where the increased enrolment requires an increase in the school’s special educational needs teacher profile, they will receive, as soon as possible, 5 additional Special Education Teaching hours for every 25 additional pupils who are enrolled, or a proportion of five hours if less than 25.
- Additional SNA provision for identified additional care needs.
A DES representative is available to advise schools on specific queries arising, including on the range of supports available to schools and on how to access supports. In order to ensure additional provision is made to schools without delay, schools who are enrolling children from accommodation centres will be invited by the Department of Education and Skills to apply for these supports in advance of those children beginning school.
Following the enrolment of pupils in local schools, if school transport is required, contact is made with Bus Éireann, who operate the School Transport Scheme on behalf of the Department of Education and Skills.
All residents with children of school going-age are also advised of the availability of the Back to School Clothing and Footwear Allowance.
Adult residents are linked in with English language classes run by the local Education and Training Board.
Similarly with respect to health services , residents in the centre access local health services in the same manner as the local community. Access to GP services are provided through the medical card system. The Department of Health and the HSE work closely with my Department to facilitate the delivery of health care services in the area. My Department covers travel costs for any centre resident who has to travel to access health services, inclusive of GP out of hours services.
In addition, international protection applicants access services and supports from the Department of Employment Affairs and Social Protection. These include:
- a Personal Public Services Number (PPSN) for access to public services and financial supports;
- a Daily Expenses Allowance (€38.80 per week for an adult and €29.80 per week for a child);
- an Exceptional Needs Payment if required to help meet essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of their weekly income. This might include a payment for clothing, baby items or transport costs to necessary appointments. The amount of payment depends on a means test and the type of assistance required; and
- access to the Public Employment Service through the Intreo Centre network where Case Officers will assist, guide and support these clients in their job seeking efforts and/or educational needs. Applicants may have permission to access the labour market if they have not received a decision on their application within 9 months and if they have cooperated with the system.
A number of measures were introduced in the accommodation centre recently to make life more comfortable for the residents and in particular the children who are living there.
Families with children were provided with arts and crafts materials, toys, books and tablets, to use as they wished. This was coordinated by the local Family Resource Centre with the cost of the tablets specifically covered by Tusla. Additionally, I am informed that the service provider at the centre has provided 12 laptops for residents’ use, including the children of school going age.
I can also inform the Deputy that all international protection accommodation centres are contractually obliged to have Wi-Fi available to residents and TVs are provided in all bedrooms to enable children to access web-based educational resources and educational programmes.
Additional outdoor space has been opened up in the centre with some seating provided and, exercise equipment has been set up in the outdoor area for residents’ use. This outdoor equipment has been installed with the knowledge and support of HSE public health, and is being operated under their direction for safe use. The Department understands that the service provider also intends to install a playground in the coming weeks as an additional recreation facility for the children.
Virtual clinics between residents and my Department officials have been held in recent weeks to address any concerns the residents may have. A confidential Freephone telephone support service run by the Jesuit Refugee Service has also been introduced as a further support to residents in all centres.
While the centre is currently catered, in line with our overall policy objectives for all accommodation centres, the service provider plans to introduce independent living arrangements with cooking facilities for residents in the coming period.
My Department will continue to ensure that centre management manage the comfort and safety of all residents in the centre, and has no intention to close the centre at this time.
927. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding the seizure of cars by An Garda Síochána; and if she will make a statement on the matter. [15188/20]
View answerThe Road Traffic (Amendment) Act 2018, known as the Clancy Amendment, seeks to penalise car owners who knowingly allow their vehicles to be used by an unaccompanied learner driver. The law allows the owners of these vehicles to be fined and gives Gardaí the power to seize their cars if being driven by unaccompanied drivers.
I am informed by the Garda authorities that the monthly breakdown of incidents where a vehicle was seized under the Road Traffic (Amendment) Act 2018 is as follows:
|
2019 |
2020 |
||||||||||||||||
|
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
|
222 |
251 |
219 |
223 |
253 |
219 |
181 |
215 |
189 |
210 |
159 |
169 |
238 |
235 |
203 |
248 |
263 |
254 |
I am further informed that the breakdown of incidents by year and the age groups within that particular year is as follows:
|
2019 Age Group |
2019 Total |
2020 Age Group |
2020 Total |
|
U20 |
322 |
U20 |
242 |
|
20-24 |
630 |
20-24 |
364 |
|
25-29 |
513 |
25-29 |
267 |
|
30-34 |
330 |
30-34 |
178 |
|
35-39 |
268 |
35-39 |
153 |
|
40+ |
434 |
40+ |
229 |
|
Unknown |
13 |
Unknown |
8 |
The 2020 data is from January to June 2020 and the 2019 data is full year data. All information contained in the tables is based upon operational data from the PULSE system as was available on 10 July 2020 and is liable to change.
928. Deputy Mattie McGrath asked the Minister for Justice and Equality the reason for the two coronial districts of Tipperary north and Tipperary south; the number of cases dealt with by each coronial district nationally in the past five years; and if he will make a statement on the matter. [15253/20]
View answerAt present, there are 39 coronial districts in Ireland, served by 34 Coroners. Some of these coronial districts lie within the same county’s administrative area, such as Galway (3 coronial districts), Monaghan (2 coronial districts), Cork County (3 coronial districts), Kerry (3 coronial districts), Wicklow (2 coronial districts), Mayo (2 coronial districts -reduced from 3 coronial districts in 2016) Waterford (3 coronial districts) and Tipperary (2 coronial districts).
Section 7 of the Coroner's Act as amended by the Civil Law (Miscellaneous Provisions) Act, 2011 provides for the amalgamation of coronial districts by the Minister for Justice and Equality in consultation with the local authority concerned. This has happened previously in relation to a number of coronial districts, particularly upon the retirement of a coroner. The four coronial districts in Donegal were amalgamated to form one coronial district in the county, as were the coronial districts of Limerick City, Limerick West and Limerick South East.
As outlined in my response to Dáil Question 281, on 30 June 2020, due to the forthcoming retirement of the Coroner for Tipperary South on 25 June 2021, it has been agreed to amalgamate, by way of Section 7 of the Coroners Acts 1962 – 2019, the two Coronial Districts of Tipperary North and Tipperary South with effect from 25 June 2021. On that date, Mr Joseph P Kelly will become Coroner for the newly amalgamated Coronial District of Tipperary.
The number of cases dealt with by each coronial district nationally in the past five years can be found on the "Publications" tab on www.coroners.ie.
929. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of marked and unmarked Garda cars and motorcycles attached to each roads policing unit as of 1 July 2019 and 1 July 2020, in tabular form. [15273/20]
View answerIn accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. Under the Act, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no 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 as at 1 July 2020 there were 296 vehicles assigned to Roads Policing Duties nationwide. This figure is consistent with vehicles assigned to Roads Policing duty at 1 July 2019.
For the Deputy's information the attached spreadsheet sets out the vehicles assigned to Roads Policing duties for the dates requested by the Deputy. I am advised that within the DMR, there is a Roads Policing Division based in Dublin Castle (referred to as Traffic in the attached document) and there are also units within each of the six geographical Divisions within the DMR which cover road policing duties.
For clarity, it may be noted that these figures do not include the additional 210 vehicles which have been hired by An Garda Síochána this year, to provide additional capacity during the Covid-19 pandemic.
I understand that the Commissioner established the Garda National Roads Policing Bureau to ensure a consistent approach to road safety and enforcement of road traffic legislation across the country. This is achieved through coordination of enforcement and development of policy based on research and analysis of statistics and by engaging in campaigns in partnership with other State agencies.
In addition to a focus on the lifesaver offences of speeding, seatbelts, mobile phones and driving under the influence, Divisional Roads Policing Units work closely with other relevant Divisional Units to target known criminals and to disrupt their activities through strict enforcement of road traffic legislation.
Separately, the Deputy will be aware that significant capital investment is being made in An Garda Síochána, including a total of €46 million specifically for 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.
Of this investment, a total of €9 million was made available for purchase and fit-out of additional Garda vehicles in 2020. I am also informed that in order to protect the ongoing availability of vehicles and in anticipation of the impact of public health restrictions on motor factory or fit-out workplaces, 94 additional vehicles were purchased by the Garda authorities in March 2020 at a cost of €2.4m and fit-out costs of €600,000. The allocation of these and all other vehicles in the fleet is entirely a matter for the Commissioner and his management team.
930. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of cells in each Garda station in Dublin as of 3 July 2020. [15275/20]
View answerI have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.
I will write to the Deputy directly with the information requested, when it is available.
|
Division |
District |
Station |
Number of cells available for use |
|
DMR North |
H |
Ballymun |
8 |
|
DMR North |
H |
Dublin Airport |
0 (Works being undertaken in Station) |
|
DMR North |
J |
Raheny |
2 |
|
DMR North |
J |
Clontarf |
3 |
|
DMR North |
Y |
Balbriggan |
3 |
|
DMR North |
R |
Swords |
2 |
|
DMR North |
R |
Coolock |
4 |
|
DMR West |
K |
Finglas |
0 (Cells currently under-going refurbishment) |
|
DMR West |
K |
Blanchardstown |
6 |
|
DMR West |
L |
Clondalkin |
6 |
|
DMR West |
L |
Ballyfermot |
4 |
|
DMR West |
Q |
Ronanstown |
3 |
|
DMR West |
Q |
Lucan |
3 |
|
DMR South |
G |
Crumlin |
3 |
|
DMR South |
G |
Sundrive Road |
2 |
|
DMR South |
M |
Tallaght |
5 |
|
DMR South |
M |
Rathfarnham |
2 |
|
DMR South |
P |
Terenure |
2 |
|
DMR South |
P |
Rathmines |
3 |
|
DMR East |
W |
Blackrock |
5 |
|
DMR East |
W |
Dundrum |
4 |
|
DMR East |
W |
Blackrock |
5 |
|
DMR East |
W |
Dundrum |
4 |
|
DMR North Central |
Store Street |
Store Street |
11 |
|
DMR North Central |
Bridewell |
Bridewell |
3 |
|
DMR North Central |
Mountjoy |
Mountjoy |
4 |
|
DMR South Central |
Kevin Street |
Kevin Street |
10 |
|
DMR South Central |
Kevin Street |
Kilmainham |
2 |
|
DMR South Central |
Pearse Street |
Pearse Street |
6 |
|
DMR South Central |
Donnybrook |
Donnybrook |
2 |
|
DMR South Central |
Donnybrook |
Irishtown |
6 |
931. Deputy Catherine Murphy asked the Minister for Justice and Equality the amount of cash seized by An Garda Síochána under proceeds of crime legislation returned to the Exchequer in each of the years 2018, 2019 and to date in 2020, in tabular form. [15276/20]
View answerThe Deputy will be aware that all funds collected by the Criminal Assets Bureau (CAB) in the course of its activities are returned to the Exchequer for the benefit of the Central Fund, in accordance with the relevant legislation.
I have been informed by the Garda Authorities that the following table sets out monies returned to the Exchequer by the Bureau, under section 4(1) / 4(A) of the Proceeds of Crime Act 1996 – 2016, for the years 2018, 2019 and 2020 (to date).
Moneys returned to the Exchequer by CAB
|
Year |
Amount |
|
2018 |
€2,271,800 |
|
2019 |
€1,559,727 |
|
2020 (30/06/2020) |
€95,487 |
For the Deputy's information, these figures represent a proportion of the funds returned to the State by CAB. The Bureau also returns funds to the State under Revenue legislation and through recovery of social welfare overpayments. In 2018, CAB returned in excess of €5.6 million to the State including €3.097 million under Revenue legislation and €0.323 in social welfare overpayments in addition to the above figures. For 2019, CAB returned in excess of €3.9 million to the State including €2.026 million under Revenue legislation and €0.324 in social welfare overpayments in addition to the above figures.
As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.
The Bureau is widely regarded as a best practice model in the context of combating organised crime. It works closely with law enforcement bodies at national and international levels and continues to relentlessly pursue the illicit proceeds of organised crime activity. The actions of the Bureau send a strong message to criminals and to local communities that profiting from crime will not be tolerated.
The Proceeds of Crime Acts 1996 - 2016 provide the legal framework underpinning the Bureau's powers to take all necessary actions, including the making of applications to the High Court, in relation to the seizing and securing of assets with a view to their disposal in due course in accordance with the provisions of that legislation.
932. Deputy Catherine Murphy asked the Minister for Justice and Equality the amount of funding provided for the building programme of An Garda Síochána under the 2016-2021 capital plan; and the amount spend in each of the years 2016 to 2019 and to date in 2020. [15278/20]
View answerThe Garda Commissioner is by law responsible for the management and control of An Garda Síochána and for the effective and efficient use of Garda resources. Further, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are therefore progressed by the Garda authorities working in close cooperation with the OPW.
The overall purpose of the ongoing Garda Building and Refurbishment Programme 2016-2021 is to address deficiencies in the Garda estate and provide fit-for-purpose facilities for Garda members and staff as well as the public interacting with them. The programme is based on agreed Garda priorities and includes substantial works at over 30 locations nationwide as well as other works such as cell refurbishment at over 100 locations.
The scale of what is involved in this task should not be underestimated – as there are over 560 Garda stations nationwide, including a significant number of old buildings.
Good progress is being made in addressing issues in the Garda estate and indeed expanding it to cater for the ongoing growth in Garda members and staff.
Capital investment for the Garda Estate for 2020 is €32m. I have contacted An Garda Síochána in relation to the amounts expended on the estate for the years sought and will write directly to the Deputy when a response is available.
|
AGS Funded |
OPW Funded |
Amount |
|
|
Year |
€ |
€ |
€ |
|
2016 |
428,000 |
6,105,000 |
6,533,000 |
|
2017 |
1,700,000 |
4,535,000 |
6,235,000 |
|
2018 |
2,715,000 |
7,305,000 |
10,020,000 |
|
2019 |
3,575,000 |
10,007,000 |
13,582,000 |
|
2020 (January – May) |
777,000 |
2,142,000 |
2,919,000 |
|
Total |
9,195,000 |
30,094,000 |
39,289,000 |
933. Deputy Marian Harkin asked the Minister for Justice and Equality her views on the campaign by an organisation (details supplied) to deliver change on drink deliveries; her further views on whether there is an urgent need to regulate drink delivery services, ensure effective age verification methods and legislate for both hours of sale and delivery; and if he will make a statement on the matter. [15302/20]
View answerI understand the concerns that people have in relation to the purchase for delivery of alcohol products and am very conscious of the detrimental effects of alcohol dependency on families and society.
In terms of assessing whether a review of legislation is required in relation to the delivery of alcohol, however, it is essential that there is a clear understanding of what the current regulations are under existing legislation.
There is no dedicated licence for on-line sales of intoxicating liquor but licensees of licensed premises may engage in on-line sales subject to certain restrictive conditions.
As matters stand, under existing legislation where alcohol is purchased online, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons.
Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.
Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission. The penalty on conviction for this offence is a fine of up to €1,270 for a first offence and up to €1,904 for a second or subsequent offence. In addition, the Intoxicating Liquor Act 2000 provides for the mandatory temporary closure of licensed premises in cases where a licensee is convicted of an offence under section 31 of the 1988 Act (up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence).
With technology that facilitates video calls being commonplace in the conduct of business in a broad spectrum of contexts such as doctor’s surgeries, there do not appear to be any practical impediments to vendors verifying the age of purchasers who purchase alcohol from their homes. The purchase must be completed from their home in advance of delivery.
The Government Alcohol Advisory Group considered specific issues relating to 'distance sales' of intoxicating liquor in its 2008 Report. It took the view that sales of alcohol products which have been ordered by telephone or text messaging and which are paid for on delivery do not comply with licensing law requirements and are, therefore, illegal. The Group recommended that the Gardaí target “dial-a-can” and similar delivery services with a view to prosecuting the offending licensees. Any information concerning transactions of this nature which are contrary to the provisions of the Licensing Acts should, therefore, be brought to the attention of the Gardaí for investigation and possible prosecution.
In conclusion, there is substantial existing legislation to regulate the delivery of alcohol services in Ireland and, as matters currently stand, I do not propose to introduce new legislation in this area. However, I do appreciate that, with the Covid-19 outbreak, habits of consumers have been affected and the share of purchases online has increased substantially. These changes may be temporary or they may be the beginning of longer term trends. It is perhaps too early to tell what impacts these changes may have and whether increased online sales and delivery of alcohol will, on balance, provide increased convenience and choice to consumers and new revenue streams for small rural pubs or have negative impacts on society that require further regulation. It is in that context that I very much welcome the work being carried out by groups like ICAAN in assisting in the gathering of data in relation to the potential impacts of changes in our society that can help inform an evidence based approach to policy development on these matters.
934. Deputy John McGuinness asked the Minister for Justice and Equality the number of protected disclosures being processed by her Department from employees of the Prison Service; the number of disclosures that have been resolved in the course of the process; the number remaining; and if he will make a statement on the matter. [15308/20]
View answerThe Protected Disclosures Act 2014 came into operation on 15 July 2014 and my Department has a formal Protected Disclosures Policy in place. The Act provides comprehensive protections for workers in both the public and private sectors against penalisation by their employers in circumstances where they have raised concerns about potential wrongdoing.
Those employed in the Irish Prison Service (IPS) may make a protected disclosure either directly to the IPS or to my Department. The Irish Prison Service has a separate Protected Disclosures Policy in place and publishes an annual report on disclosures received in line with the requirements of the Act.
The table below sets out the number of protected disclosures from employees in the Prison Service received by my Department since commencement of the Act. For completeness, information is also included from the IPS in respect of disclosures handled directly.
|
|
Received by the Department of Justice and Equality (since 2015) |
Received by the Irish Prison Service |
|
Number of protected disclosures received |
38 |
18 |
|
Number resolved |
18 |
8 |
|
Number remaining |
12 |
10 |
Eight potential protected disclosures, relating to the IPS, have been transferred to the IPS to be assessed/investigated under the IPS Protected Disclosures Policy since 2018.
935. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if the moneys that are seized through the proceeds of crime can be ring-fenced and distributed to regions for dispersal to front-line community services that deal directly with the impacts of crimes; her plans on the matter; her views on such proposals; and if he will make a statement on the matter. [15341/20]
View answerIt is a matter of great importance that the proceeds of the crime are recovered and reinvested back into keeping communities safe. Ireland has a robust legislative framework in place allowing for the freezing, seizure and confiscation of assets that are derived from criminal conduct.
As the Deputy may be aware, responsibility for the identification, tracing, freezing, and ultimate confiscation of criminal assets does not rest with a single body in Ireland and is spread across a number of different agencies and statutory bodies, not all of which are the responsibility of the Department of Justice and Equality. These include An Garda Síochána, the Criminal Assets Bureau, Revenue, the Chief State Solicitors Office, the Director of Public Prosecutions and the Courts. It should be noted that in some cases, funds seized represent overdue/unpaid personal taxation.
I understand that, in accordance with the provisions of the Proceeds of Crime Acts 1996-2016, the Criminal Justice Act 1994, as amended, and related statutes, all confiscations relating to the proceeds of crime are transferred to the Minister for Finance to be paid into, or disposed of, for the benefit of the Exchequer. It is from this central fund which the Government draws for expenditure on all necessary public services and investment including for communities affected by crime. Any change to that process would be a matter for the Departments of Finance and Public Expenditure.
936. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the appropriate procedure to be followed in the case of a person (details supplied); and if he will make a statement on the matter. [15351/20]
View answerThe person referred to is the subject of a Deportation Order made on 20 June 2002 and therefore has no entitlement to residency in the State.
Representations were received on behalf of the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. Following the consideration of those representations, a decision was taken that the Deportation Order should be affirmed and this decision was communicated to the person concerned by registered post dated 9 November 2017.
It is open to the person concerned to submit further representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful. To date no such further representations have been received in this case, and consequently the Deportation Order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to 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.
937. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if arrangements will be made to review residency entitlements in the case of a person (details supplied); and if he will make a statement on the matter. [15357/20]
View answerThere is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy. A decision on their previous application issued by letter on 22 October 2018.
A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. Every application is considered on its individual merits, regardless of whether the applicant had applied previously.
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. The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time. The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.
Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may grant a certificate of naturalisation if, among other things, that the applicant has been resident in the State for a period of one year immediately prior to the date of application and four years in the eight year period before that. For the purpose of calculating this residency, no period may be taken into account where a non-national;
- was required to have the permission of the Minister to remain in the State but did not have that permission; or
- had permission to remain for the purpose of study (whether or not such study necessitated the employment of the non-national during the whole or part of the period of study); or
- had permission to remain for the purpose of seeking to be recognised as a refugee (within the meaning of the Refugee Act, 1996) where such application was either unsuccessful or withdrawn.
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 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.
938. Deputy Pa Daly asked the Minister for Justice and Equality the number of drivers stopped and reported for driving without insurance, tax, an up to date NCT and speeding on roads in County Kerry in 2018, 2019 and to date in 2020; and the number of instances in which fines were issued in tabular form. [15393/20]
View answerIt is important to note that the Garda Commissioner is by law responsible for the management and control of An Garda Síochána. This includes responsibility for all Garda operations, including stopping and reporting drivers for driving without insurance, tax, an up to date NCT and speeding. I, as Minister, have no role in these matters.
I am, however, informed by the Garda authorities that the table below contains details of the number of Fixed Charge Notices issued in the Kerry Division in 2018, 2019 and up until 30 June, 2020.
|
Kerry Division |
2018 |
2019 |
2020 (Until 30/06) |
|
Speeding FCNs |
3,552 |
4,108 |
1,748 |
|
NCT Cert FCNs |
166 |
186 |
60 |
|
Tax/Insurance FCNs |
1,250 |
975 |
469 |
I am informed that these figures are as recorded on the Fixed Charge Processing System as of 10th July, 2020. They are solely based on Fixed Charge Notices issued during the time periods examined and do not contain summonses, charges or any other form of reporting. The Speeding FCNs are a combined total of both Intercept and Non-Intercept Speeding offences.
