Written Answers Nos. 794-812
794. Deputy Catherine Murphy asked the Minister for Justice and Equality her plans to appeal a European Court of Justice ruling (details supplied) that she failed to transpose Directive 2015/849; the reason the Directive was not adopted; and if she will make a statement on the matter. [18570/20]
View answerThere is no appeal from a decision of the European Court of Justice which is made under Article 260(3) of the TFEU or any of the other infringement articles under the Treaty.
The decision referred to by the Deputy is of course being closely examined by the Department of Justice and Equality and the Department of Finance.
However it is also important to note that all aspects of the Directive are now in place and operational in Ireland.
The Court’s decision related to a delay in implementing the Fourth Money Laundering Directive, dating to a period between July 2017 and the enactment of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act in November 2018. My Department and the Department of Finance subsequently provided for a number of additional measures by Regulation following discussions with the Commission.
The Court’s decision recognises that even though Ireland had not completed the transposition of the Directive by June 2017 as required, Ireland had done so before this case was brought before the Court.
More generally it may be noted that this is a complex area of law. Directive 2015/849 was a complete restatement of the EU law on money laundering. It was given effect in Ireland, following very careful analysis and consideration, by a series of amendments to the existing Criminal Justice (Money Laundering & Terrorist Financing) Act 2010 and by highly-technical Regulations from the Department of Finance. Unlike many other Member States, Ireland requires primary legislation to transpose provisions of EU Directives with criminal penalties.
795. Deputy Paul McAuliffe asked the Minister for Justice and Equality if there is a support service for victims of child sex abuse carried out by members of the Probation Service. [18590/20]
View answerI first note that Tusla, the Child and Family Agency, has primary responsibility to promote the safety and well-being of children. It is also the case that the protection of children is a matter of the highest priority for my Department, including the Probation Service and it is committed to the provision of a safe and caring environment for all children engaging with its services.
As a Relevant Service, in accordance with Section 11 of the Children First Act 2015, the Probation Service has in place a Child Safeguarding Statement that identifies the range of organisational procedures to mitigate and manage potential risk to children.
I am advised that in responding to a member of the public making a report or complaint against a Probation Service staff member, arrangements are in place not only to report the matter to the relevant authorities, but also to facilitate a referral to an independent counselling service, if required.
More generally I understand that strict procedures are in place to ensure the protection of children who engage with the Probation Service, in keeping with the requirements of Children First. I understand that staff of the Probation Service are provided with the necessary training, support and supervision to enable them to perform their duties to the highest professional standards and that all frontline staff and their managers receive training in Children First, to ensure that the Service meets its obligations and best practice in responding to and reporting child protection and welfare concerns.
798. Deputy Thomas Pringle asked the Minister for Justice and Equality the estimated cost of recruiting eight additional analysts at higher executive officer level for the Garda cyber crime unit; and if she will make a statement on the matter. [18627/20]
View answerThe Deputy will be aware that the Garda Commissioner is the accounting officer of An Garda Síochána and is statutorily responsible for the management and administration of An Garda Síochána, including human resource matters. 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 their optimum use.
I am further informed by the Garda authorities that as of 30 June 2020, there are over 3,000 Garda staff undertaking administrative, professional, technical and industrial support duties in the organisation. The Government's current objective is to increase the number of Garda staff to 4,000 in 2021.
I am informed by the Garda authorities that the estimated yearly cost of recruiting eight additional analysts at higher executive officer level for the Garda cybercrime unit is €442,824 (€55,353 per person). The costing assumes that the analysts are placed on the first point of the relevant salary scale and includes the effect of the 2% scheduled pay rise on 1 October 2020. Employer’s PRSI is also included at a rate of 11.05%. This estimate is for the payroll costs only and does not take account of any additional accommodation or ICT related costs that may be necessarily incurred.
799. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application in the case of a person (details supplied). [18648/20]
View answerIn response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
This case is amongst a significant number to be considered at present and, as such, it is not possible at this point in time to provide a specific indication as to when the case will be finalised. However, the person concerned 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 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.
800. Deputy Cathal Crowe asked the Minister for Justice and Equality if consideration will be given to carrying out an independent review of the direct provision centre in Miltown Malbay, County Clare in view of the concerns raised by residents there. [18668/20]
View answer803. Deputy Patricia Ryan asked the Minister for Justice and Equality if her officials will meet with residents of a direct provision centre (details supplied) with a view to addressing their concerns; and if she will make a statement on the matter. [18741/20]
View answer812. Deputy Paul Murphy asked the Minister for Justice and Equality if she will arrange for the transfer of residents of a direct provision centre (details supplied) to different, safe and supportive accommodation in view of letters from residents detailing issues in relation to bullying and inadequate and unsafe food being provided. [18928/20]
View answerI propose to take Questions Nos. 800, 803 and 812 together.
Due to a lack of spare capacity within my Department’s accommodation portfolio, the International Protection Accommodation Service (IPAS) has had no other recourse but to contract bed spaces in hotels, B&Bs and guesthouses to meet demand. The Central Hostel in Miltown Malbay is one of those premises contracted on an emergency basis.
As it is not contracted as a Direct Provision Centre, the inspection regime that exists within my Department does not apply to this premises. This is because the inspection regime is designed to monitor compliance against contractual obligations that Direct Provision service providers must meet. Our stated aim is to reduce the reliance on such emergency accommodation but given existing demand, that can only be achieved through increasing the number of dedicated Direct Provision bed spaces. It has not been possible to open additional new centres during the pandemic.
IPAS officials have visited the premises in Miltown Malbay and have spoken with residents via online clinics. They were satisfied that the premises is clean, safe and meeting the needs of residents. In addition, the International Organisation for Migration (IOM) visited the premises in February 2020 as part of a wider tour of such accommodation premises and did not raise any concerns with my Department.
In general, and based on public health advice, transfers between centres are currently suspended at this time, unless there are urgent medical needs or for the safety and security of residents.
The concerns raised by residents in The Central Hostel, Miltown Malbay will be fully investigated by my officials as a matter of priority to assess how best they can be addressed. Any resolutions required will be implemented as quickly as possible.
801. Deputy Alan Kelly asked the Minister for Justice and Equality the extra resources being put in place nationwide to help, facilitate and make welcome the 46 new Syrian families moving to County Tipperary in the coming weeks and months across housing, health, education, social protection and so on in tabular form. [18677/20]
View answerThe Irish Refugee Protection Programme (IRPP) was established in September 2015 as a key part of Ireland’s response to the migration crisis in southern Europe. It committed Ireland to accept up to 4,000 persons under various strands, including the EU Relocation Mechanism and the UNHCR-led Resettlement Programme. A commitment was made to accept a further 2,900 refugees under Phase 2 of the Programme.
A total of 230 refugees admitted under the IRPP have been allocated for resettlement in County Tipperary. The process of resettlement is being managed by Tipperary County Council in accordance with processes agreed by the Cross-Departmental Taskforce established in September 2015 to manage and coordinate the logistical aspects of resettling people in Ireland under the IRPP.
To support and advance the transition of refugee families towards independent living, my Department is providing funding of €414,000 to Tipperary County Council. Spending will be split across the areas of housing, health, education, social protection and will be managed across the subheads as necessary by the Council itself.
The resettlement of refugees into the community has been paused since March as a result of the COVID-19 pandemic. I am currently considering proposals to resume this activity over the coming weeks, bearing in mind current public health advice.
The Tipperary Refugee Resettlement Programme is expected to conclude in September 2021.
804. Deputy Patricia Ryan asked the Minister for Justice and Equality if she will liaise with the Garda Commissioner on the guidelines on the Practical Application and Operation of the Firearms Acts 1925 to 2009; her views on issues raised by an organisation (details supplied) and if she will make a statement on the matter. [18742/20]
View answerSection 3A of the Firearms Act 1925, as amended, provides that the Garda Commissioner, with the consent of the Minister, may from time to time issue guidelines in relation to the practical application and operation of any provision of the Firearms Acts 1925 to 2009, or of any regulation made under any provision of those Acts. The Commissioner may also issue Guidelines in relation to applications for firearm certificates and authorisations under this Act and to the conditions which may be attached to those certificates and authorisations.
I understand that the most recent version of the Commissioner's Guidelines, which represent a best practice document, was published in September 2018. I further understand that the Commissioner has committed to further amending and updating these as appropriate, to take account of any legislative changes as well as in light of emerging case law in this area.
The Deputy refers to the question of authorisation to shoot on particular lands. The Deputy will appreciate that this is a matter for the Commissioner and not for me as Minister.
I understand that the statutory basis on which An Garda Síochána seek this written authority relates to the duty of Superintendents (as the granting authority for firearm certificates within his/her District), to be satisfied that an applicant complies with a number of conditions as set out in the Acts, including that the applicant has a 'good reason' for requiring the firearm and that he/she could be permitted to 'possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace.' I understand that the Garda authorities regard the lands on which a person has authority to shoot as relevant information required in relation to these and other considerations.
I understand that the relevant specialist unit of An Garda Síochána has previously indicated that it is prepared to liaise with stakeholders should they experience any difficulty in that regard.
805. Deputy Matt Carthy asked the Minister for Justice and Equality the reason an application by a person (details supplied) has taken an excessive length of time to process; the further reason they did not receive a leave to remain form for one year; the status of the person; the time frame for the matter to be resolved; and if she will make a statement on the matter. [18829/20]
View answerFollowing the refusal of their application for international protection, the person concerned was issued with a notification of intention to deport in October 2019 under section 3 of the Immigration Act 1999 (as amended). Subsequently, the person concerned submitted written representations in response to that notification for leave to remain.
These representations, together with all other information and documentation on file, will be fully considered under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
This case is amongst many to be considered at present and, as such, it is not possible at this point in time to provide a specific indication as to when the case will be finalised. However, the person concerned 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 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.
806. Deputy Matt Carthy asked the Minister for Justice and Equality the issues arising as a result of a change of systems within legal aid; if her attention has been drawn to files being lost; if so, the number of cases involved; and if she will make a statement on the matter. [18830/20]
View answerThe Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. The Board delivers these services through directly employed solicitors in its network of law centres around the country and private solicitors from its private practitioner panels.
My officials have requested information from the Legal Aid Board to be of assistance to the Deputy and I will revert with a reply to the Deputy as soon as it is received.
807. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if spousal visas are being issued for the wives and husbands of persons with Irish citizenship; if not, the reason for not doing so; if there are limitations caused by Covid-19 to the issuing of spousal visas; if so, the limitations; and if she will make a statement on the matter. [18854/20]
View answerThe Immigration Service Delivery (ISD) function of my Department started a limited resumption of visa services from 22 June 2020. During this initial resumption phase, my Department was only accepting Long Stay “D” visa applications and those identified under the Immigration Service's current criteria as Emergency/Priority visas.
As of 27 July 2020, the Immigration Service has recommenced the issuing of Long Stay visas, including spousal visas.
It remains the position that we are not accepting any short stay visa applications, except for cases that fall under the Emergency/Priority criteria. A detailed list of what categories of short stay visa fall under the Emergency/Priority category can be found on the Immigration Service website at:
http://www.inis.gov.ie/en/INIS/Pages/updates-announcements
There are still restrictions in place in many countries, so in locations where it was not possible to resume processing visa applications from 22 June 2020, the Immigration Service intend to resume accepting visa applications as soon as is possible. Any resumption of services is subject to current health and safety advice in relation to the COVID-19 pandemic. The extent of the resumption of visa services will continue to be decided in accordance with World Health Organisation (WHO) and Health Service Executive (HSE) guidelines.
I would advise any applicant for a visa to monitor the Department's immigration website where a Frequently Asked Questions document on the impact of COVID-19 on immigration and international protection is available - (www.inis.gov.ie). This document is regularly updated. Additionally any person intending to travel should also take note of the General COVID-19 Travel Advisory issued by the Department of Foreign Affairs and Trade.
808. Deputy Cormac Devlin asked the Minister for Justice and Equality the measures in place to allow authorities pursue parking fines issued here for cars registered in the UK; the way in which it will change post-Brexit; and if she will make a statement on the matter. [18864/20]
View answerI am informed by An Garda Síochána that the majority of parking fines are issued and pursued by individual local authorities who may have separate and individual processes in place with the UK authorities, particularly in Northern Ireland. As the Deputy will be aware, local authorities fall within the remit of my colleague, the Minister for Housing, Local Government and Heritage.
I am advised by the Garda authorities that parking fines issued by members of An Garda Síochána for vehicles registered in the UK are processed and pursued in a similar manner as in this jurisdiction and in accordance with Part 3 of the Road Traffic Act 2010 as amended. Any change to this process will be dependent on future agreements. The Deputy will appreciate that road traffic legislation falls within the remit of my colleague, the Minister for Transport.
At present, I understand that, in the case of intercept detections where the driver of the vehicle is identified at the time of detection, a Fixed Charge Notice will issue to the driver at his/her address in Northern Ireland/UK. This provides the motorist with the opportunity of dealing with the matter without recourse to the courts. If the Fixed Charge Notice remains unpaid, a summons will issue for service and may be sent by registered post.
In cases where the driver is not identified at the time of detection, enquiries must be conducted with the relevant authorities to identify the owner of the vehicle within the UK. On foot of the receipt of this information, a Fixed Charge Notice can issue to the registered owner of the vehicle at the address provided. This provides the motorist with the opportunity to deal with the matter by payment of a monetary fine. In the event of non-payment, a summons is produced for service on the individual. Summonses are sent to the address available in Northern Ireland/UK by registered post.
809. Deputy Matt Carthy asked the Minister for Justice and Equality when she expects a person (details supplied) to complete the scoping review into the killing of another person; her plans to then initiate an independent enquiry into the killing and the management of same by the relevant statutory authorities as previously agreed by Dáil Éireann; and if she will make a statement on the matter. [18869/20]
View answerAs the Deputy will be aware, a retired judge, Gerard Haughton, is conducting a scoping exercise into the tragic death of the person in question, whose case has been discussed in Dáil Éireann on a number of occasions. The judge furnished an interim report to my predecessor on 13 November last. Following consultation with the family concerned, Judge Haughton and the Attorney General, the interim report was published on 17 December 2019.
In his interim report, Judge Haughton states that he will not restrict or limit the family in their submissions to him, or the nature and extent of the documentation they wish to furnish to him in his scoping exercise.
I am glad to note that the family are working with Judge Haughton. My Department is in regular contact with the judge and has assured him of any assistance he requires to complete his final report.
I understand that Judge Haughton informed my Department and the family of the reasons why he does not believe that he can finalise matters within the timescale referred to in his Interim Report and has indicated that it is likely to be late September before he will be in a position to conclude the scoping exercise.
It is, of course, open to the judge to make any recommendation he sees fit in his final report, including the establishment of any form of statutory or non-statutory inquiry. I will await the recommendation of Judge Haughton in his final report before making any decision in relation to further inquiries into this matter.
810. Deputy Noel Grealish asked the Minister for Justice and Equality the wait time for personal applications to the Probate Office; if there are differing wait times for applications from legal firms; when the Probate Office last accepted a personal application; the status of the promised review of the probate system which was to be completed by the end of 2017; when the recommendations of the review will be implemented; and if she will make a statement on the matter. [18888/20]
View answer813. Deputy Denis Naughten asked the Minister for Justice and Equality the average and longest waiting time in each probate office for applications by solicitors and personal applicants, respectively; the number of applications on hand in each office; the timeline for the eProbate project to go live in each office; the status of the project; if the Revenue Commissioners' have been incorporated and gone live on eProbate; the status of the implementation of each recommendation in the report of the probate services review group; and if she will make a statement on the matter. [19069/20]
View answerI propose to take Questions Nos. 810 and 813 together.
The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following information to me.
Personal Applications in Dublin have been on hold since the restrictions imposed on foot of the Covid 19 pandemic began. The Dublin Probate Office is currently looking at the health and safety implications and logistical issues associated with resuming the face-to-face interview service with members of the public. In the meantime, the Dublin Probate Office is continuing to accept and process applications received by post, as it has done over the past five months.
Prior to Covid 19, the waiting time had reduced to twelve weeks for personal applications. The waiting time for solicitor applications is currently around three weeks.
Waiting times in the various District Court registries are outlined below:
|
District Probate Offices |
Applications from solicitors - Average time from first receipt to issue a grant of Probate/letters of administration |
Applications from Personal Applicants - Average time from first receipt to issue a grant of Probate/letters of administration |
|
Wexford |
1 week |
2-3 weeks |
|
Kilkenny |
2-3 weeks |
up to date |
|
Galway |
12 weeks |
18 weeks |
|
Cork |
12-14 weeks |
36 weeks |
|
Sligo |
16 weeks |
20 weeks |
|
Waterford |
4 weeks |
4 weeks |
|
Castlebar |
6-8 weeks |
6-8 weeks |
|
Clonmel |
3 weeks |
3 weeks |
|
Cavan |
4 weeks |
8 weeks |
|
Dundalk |
4 weeks |
6 weeks |
|
Mullingar |
5 weeks |
3 weeks |
|
Limerick |
9-10 weeks |
10-12 weeks |
|
Tralee |
4 weeks |
4 weeks |
|
Letterkenny |
4-6 weeks |
4-6 weeks |
The Courts Service does not keep data on the longest waiting time of individual applications as any lengthy waiting times are normally due to the solicitor or applicant not answering queries raised.
The Courts Service has made a decision not to proceed with the e-Probate project at this time due to budgetary constraints. There is a project ongoing to remove the manual Revenue Affidavit from the probate process and to replace the manual process with an online system. The go live date for this changeover is September of this year. This should reduce further the waiting times for all applications.
The Review of the Probate process is now complete. All actions which assisted in the lowering of the waiting times have been taken. The reduction in waiting times for solicitor applications reflects the outcome of the Review and the outcomes from other initiatives that have taken place over the past two years.
