Written Answers Nos. 503-523
505. Deputy Cormac Devlin asked the Minister for Further and Higher Education, Research, Innovation and Science if his attention has been drawn to the case of a person (details supplied); if he will review the higher education access route application process to ensure applicants are given every opportunity to correct minor errors; and if he will make a statement on the matter. [31774/20]
View answerThe HEAR scheme is operated by the Irish Universities Association (IUA) who set the policy criteria for the scheme. Admissions under the scheme is regulated by the higher education institutions themselves. Each institution determines its own admissions policy in relation to the scheme, the number of places they reserve and the allocation of those places.
My Department does not have a direct role in any schemes which are within the remit of the Higher Education Institutions rather than any Government department. The applicant can contact the CAO directly about this issue. Under GDPR the CAO cannot discuss an applicant's specific details with a third party.
506. Deputy James Lawless asked the Minister for Justice the number of speeding fines that were recorded on the M7 between the Red Cow junction and the Naas Johnstown exit. [31452/20]
View answerI have requested the information sought by the Deputy from the Garda authorities and I will contact the Deputy directly once the information is to hand.
|
01/10/2019 to 20/10/2020 |
|
|
LOCATION |
SPEEDING FCNs issued 01/10/2019 – 20/10/2020 |
|
CASTLEWARDEN N7 |
977 |
|
BLACKCHURCH N7 |
665 |
|
KILL N7 |
616 |
|
N7 BROWNSBARN |
591 |
|
N7 CLONDALKIN |
173 |
|
N7 PALMERSTOWN |
136 |
|
BLACKHILL N7 |
131 |
|
N7 QUINSBOROUGH |
63 |
|
KILWARDEN N7 |
51 |
|
HUTTONREAD N7 |
28 |
|
BOHERPHILIP N7 |
20 |
|
N7 RATHCOOLE |
17 |
|
MAUDLINGS N7 |
12 |
|
N7 NAAS ROAD |
12 |
|
Other |
15 |
|
Total |
3507 |
507. Deputy Verona Murphy asked the Minister for Justice the number of premises in the hospitality sector inspected under the Covid-19 guidelines; the number of premises that were identified to have breached Covid-19 guidelines; the number of the inspected premises that are pending prosecutions for breaching guidelines; and if she will make a statement on the matter. [31689/20]
View answerI have requested a report from the Garda authorities on the information sought by the Deputy and I will contact her directly when the report is to hand.
508. Deputy Róisín Shortall asked the Minister for Justice further to Parliamentary Question No. 606 of 6 October 2020, if she will supply a copy of headquarters directive 75/2014; if this directive is used for all reports of potential suicide for An Garda Síochána; and if there are alternative protocols in place. [30951/20]
View answerI would like to thank the Deputy for again raising this important issue.
The Deputy may be aware that Section 12 of the Mental Health Act, 2001 provides members of An Garda Síochána with powers to intervene in situations where they believe an individual presents a serious likelihood of causing immediate and serious harm to themselves or to others as a result of a mental health disorder. This includes powers to bring the individual concerned into custody and to enter a property if they have reasonable ground for believing that such a situation exists.
As stated in my response to Parliamentary Question No. 606 of 6 October 2020, I am informed by the Garda authorities that HQ Directive 75/2014, the Hostage/Barricade/Suicide Incident Command Policy, sets out An Garda Síochána’s policy on the use of force and Garda negotiation/response/tactics in both planned and incidents that require a spontaneous response by members of An Garda Síochána to manage hostage, barricade, and suicide incidents.
I am further informed that this is the only directive that is used by members of An Garda Síochána for reports of potential suicide incidents and that it is a confidential document for use only by Garda Personnel.
509. Deputy Bernard J. Durkan asked the Minister for Justice if a person (details supplied) now qualifies for stamp 4; and if she will make a statement on the matter. [31006/20]
View answerThe person concerned submitted an application to change their permission to remain in the State from a Stamp 3 to a Stamp 4 on 6 July 2020. Applications are processed in strict chronological order and there will be no avoidable delay in issuing a decision.
Documentation was requested from the person concerned on 20 July 2020 and again on the 14 October 2020. To date there has been no reply. The application will progress further upon receipt of the requested documentation.
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.
510. Deputy Bernard J. Durkan asked the Minister for Justice when a stamp 4 will be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [31013/20]
View answerThe person referred to by the Deputy submitted an application for renewal of permission to the Immigration Service of my Department on 1 July 2020. This application was acknowledged on 2 July 2020 and a number of documents were requested from the person concerned within the same correspondence. This correspondence was re-issued on 12 August 2020.
To date there has been no reply from the person concerned and their application will only progress further upon receipt of the requested documentation. Therefore, I would advise the applicant to forward the documents requested as soon as possible.
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.
511. Deputy Michael Ring asked the Minister for Justice if a community group that has investors ready to submit their application for the immigrant investor programme in respect of a purpose-built building needs to have the planning permission approval in place; and if it can apply for planning permission at a later stage in view of the fact that it may lose its investors if it has to wait until such time as planning permission is in place. [31016/20]
View answerThe Immigrant Investor Programme (IIP) provides non-EEA nationals with a number of options to invest in Ireland. Successful applicants are granted a permission to reside in Ireland for a fixed period.
Applications are assessed by an Evaluation Committee, composed of senior civil and public servants from relevant Government Departments and State Agencies involved in enterprise development in Ireland. Applications are assessed on the basis of the profile of the applicant, the commercial viability of the project, employment outcomes associated with the proposed investment and the overall benefit to the Irish State.
The Committee makes a determination as to whether a project is suitable for IIP investment and if deemed suitable, the individual application will be submitted to me for final approval.
The IIP is focused on supporting projects that are investment ready projects. A criteria for establishing same is that planning permission has been granted. The Evaluation Committee would not consider it appropriate for IIP permissions to be granted to projects where planning permission has not been approved.
512. Deputy Fergus O'Dowd asked the Minister for Justice if assistance will be provided to a person (details supplied) in relation to a delayed citizenship process; and if she will make a statement on the matter. [31041/20]
View answerThe application for a certificate of naturalisation from the person referred to by the Deputy is in the final stages of processing and will be submitted to me for decision as expeditiously as possible. If the person has a query in respect of their application, they should contact the Citizenship Division at: citizenshipinfo@justice.ie.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now processed within twelve months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The processing of citizenship applications has had a number of challenges over the past 12 months. A legal challenge taken in the High Court last year by an applicant who was refused a certificate of naturalisation due to his absences from the State during the last year continuous prior to the date of his application. The outcome of this ruling – which was subsequently successfully appealed to the Court of Appeal – resulted in significant delays to the processing of citizenship applications last year. This has been compounded by COVID-19 restrictions which has resulted in significant challenges to the delivery of normal services to date this year. A series of measures have been approved to address the citizenship caseload over the coming period.
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.
513. Deputy Bernard J. Durkan asked the Minister for Justice if an original passport has been returned in the case of a person (details supplied); and if she will make a statement on the matter. [31066/20]
View answerI can confirm that the person's passport was returned to them by registered post on 18 August 2019, by the Immigration Service of my Department. The passport was sent to the same address as per the details supplied by the Deputy.
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.
514. Deputy Bernard J. Durkan asked the Minister for Justice the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [31072/20]
View answerThe person referred to by the Deputy availed of the option of Voluntary Return to their country of origin before a final decision was made on their case to remain in the State. Having exercised this option, it leaves it open for the person concerned to explore legal pathways to return to this State at a future date should they establish a valid basis for doing so.
Information on the various types of immigration permission can be accessed via the following website link: www.inis.gov.ie/en/INIS/Pages/immigration-permissions.
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.
515. Deputy Louise O'Reilly asked the Minister for Justice if her attention has been drawn to the significant delays for essential service workers, including healthcare workers, getting to and from work due to Garda checkpoints checking for compliance with Covid-19 regulations, which are causing huge delays; and if her Department has spoken with the Minister for Health and the Garda Commissioner regarding possible other ways of ensuring compliance with the new restrictions which do not delay healthcare and essential service workers in their journeys to and from work. [31077/20]
View answerI can inform the Deputy that I am in regular contact with my Cabinet colleague, the Minister for Health, and the Garda Commissioner on all appropriate matters. The Deputy will also be aware that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including operational matters and the deployment of resources. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps all operational deployments under continual review in the context of policing priorities, to ensure their optimum use.
An Garda Síochána began implementation of the current phase of Operation Fanacht on 7 October 2020 as a high visibility nationwide operation in support of the Government’s decision to move the country to Level 3 of the National Framework for Living with COVID-19.
Under Operation Fanacht, An Garda Síochána has established a network of 132 large-scale checkpoints on main arterial routes. In support of these static checkpoints, An Garda Síochána has carried out hundreds of additional mobile checkpoints in town and villages across the country over the last number of days.
The Deputy will appreciate that these checkpoints are in place to support the public health guidelines in relation to travel restrictions. COVID-19 remains a real threat to all of us and in particular to our most vulnerable citizens. This is a critical time for our country and we all have a responsibility to comply with the public health guidelines and regulations for the good of everyone.
The Government would once again ask people to re-think their journeys and to not travel outside of their county unless it is for essential purposes. This is a public health regulation under Level 3 and it is An Garda Síochána’s function to check compliance as part of the national effort to reduce the spread of the pandemic.
The Deputy will appreciate that fewer journeys means fewer interactions means fewer COVID-19 infections. Suppressing the rate of infection will protect all of our citizens, not least those who are providing essential services such as healthcare workers and the women and men of An Garda Síochána.
516. Deputy Danny Healy-Rae asked the Minister for Justice when the law changed to allow licensed publicans to serve beer and tobacco outside (details supplied); and if she will make a statement on the matter. [31101/20]
View answerThere have been no recent amendments to the Licensing Acts 1833 to 2018, which govern the licensing of premises for the sale and supply of intoxicating liquor.
Rules of the Circuit Court 2001 provide that when applying for a liquor licence, the applicant shall produce a map or plan upon which the premises the subject matter of the application are outlined in red with the area to be licensed clearly delineated. The area within this red line is the licensed area; upon which the sale of alcohol is permitted to take place. Therefore, outside seating areas can be included within the licensed premises.
517. Deputy Jim O'Callaghan asked the Minister for Justice the steps being taken to ensure that women prisoners are not subjected to threats or violence from other inmates; and if she will make a statement on the matter. [31120/20]
View answerI am advised by the Irish Prison Service that appropriate risk assessment processes are in place to ensure that all prisoners are accommodated in accordance with their level of risk. All female prisoners, whether they are committed to the Dóchas Centre or to Limerick Prison, are interviewed by the Governor who will ask a number of relevant security questions which help determine the level of risk, if any, posed to the prisoner or by the prisoner to others.
Prisoners are then assessed by healthcare staff and the prison doctor. A multi-disciplinary approach is taken in the future management of the prisoner's sentence, including the prison best suited to the needs and safety of the prisoner and that of the wider prison community. Many women in the custody of the Service are vulnerable and the Service continues to engage with external stakeholders with regard to their safety and their level of risk and needs, including engaging with An Garda Síochána and Tusla.
The Irish Prison Service Incentivised Regimes Policy operates in all prisons and provides for a differentiation of privileges between prisoners according to their level of engagement with services and level of behaviour. The objective is to provide tangible incentives to prisoners to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure custody for all prisoners. The Dóchas Centre has a number of houses with various levels of security depending on the level of the Incentivised Regime that the women are currently on. Positive behaviour is rewarded by progression to the enhanced level which provides access to higher levels of privileges including increased visits, phone calls and access to temporary release programmes.
At all times members of staff are vigilant and report any areas of concern that may come to their attention.
Restorative Justice is practised in the Dóchas Centre through a number of qualified staff to help manage any conflict that might arise and weekly Multi Agency Meetings are held to discuss particular issues of concern.
Prisoner safety is paramount to the Irish Prison Service and under Rule 63 of the Prison Rules 2007, a prisoner may, either at his/her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance and good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him/her. If necessary, under Rule 62 of the Prison Rules, the Governor may decide for the maintenance of good order in the prison, to remove a prisoner from general association or structured activity to reduce the negative effect that prisoner may have on the general population.
Disciplinary action is taken by management against any prisoner who breaches Prison Rules by engaging in bullying or intimidating behaviour or who is violent towards any other person.
Finally, the Irish Prison Service has also successfully introduced a number of measures across the prison estate such as hand-held metal detectors, netting over prison yards and security screening machines to detect and prevent weapons from entering the prison to limit the scope of acts of violence.
518. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of eligibility for a stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [31132/20]
View answerThe person referred to by the Deputy submitted an appeal/review application for a Residence card with the EU Treaty Rights Unit on 9 January 2020. The processing of this application is ongoing. As each application is examined under its own merits, an exact timeframe for completion cannot be provided. However, the person concerned can be assured that there will be no avoidable delay in finalising the application and they will be contacted in writing as soon as a decision has been reached.
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.
519. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [31139/20]
View answerBased on the details provided by the Deputy, there is no record of an application, or a request, from the person concerned for permission to remain in the State since their last permission expired on 19 June 2012.
The person concerned is advised to write to the Immigration Service of my Department and request to regularise their position in the State. When submitting their request, they should outline their current circumstances, the date of their arrival in the State, their current permission, if any, to be in the State, along with their future intentions in the State.
The person concerned should enclose a copy of their passport, along with any documentation that they believe will support their case. The application should be submitted, via registered post, to Residence Division - Unit 2, Immigration Service, 13/14 Burgh Quay, Dublin 2, D02 XK70.
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.
520. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [31146/20]
View answerIn response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of final decisions 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.
521. Deputy Paul Murphy asked the Minister for Justice if funds will be set aside to pay for the previous and ongoing work of the independent researchers into the Stardust fire (details supplied). [31148/20]
View answerThe Stardust fire was an horrific tragedy that has left a legacy of pain for many people in the Artane community. In September 2019, the Attorney General wrote to my predecessor as Minister for Justice and Equality to inform him that he had “formed the opinion that fresh inquests into the Stardust deaths are advisable” and in December 2019, issued his direction to the Dublin District Coroner that fresh inquests be held.
While the coroner is entirely independent in carrying out her functions in relation to this matter, my Department is responsible for supporting the Dublin District Coroner. To date, we have worked to provide her with additional office accommodation, staff, ICT and website support, and legal and other expert advice. The budget also included funding to ensure that all of the costs of the inquest can be fully funded in 2021. I hope that the fresh inquests will meet the expectations of the families who have endured and continue to endure enormous suffering.
In relation to the claims for historical costs referred to by the Deputy, the Chief State Solicitor’s Office (CSSO) have been engaged previously and continue to act on behalf of my Department in an effort to resolve this matter. However, such efforts have not been successful to date.
522. Deputy Catherine Murphy asked the Minister for Justice the number of new marked Garda vans that have come into the fleet to date in 2020; and the number of marked Garda vans that have been withdrawn from the fleet to date in 2020. [31172/20]
View answerIn accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing the administration and business of An Garda Síochána. The Commissioner is also responsible for the efficient use of Garda resources, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles and Garda personnel 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 so as to ensure their optimum use.
The resources provided by Government to An Garda Síochána have reached record levels, with an allocation for 2020 of €1.882 billion. I am also pleased to have secured an overall increase of €70 million to increase An Garda Síochána's budget for 2021 to an unprecedented €1.952 billion for 2021.
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. A further €8 million for continued investment in the Garda Fleet will be made in 2021, in addition to the highest ever investment of approximately €15 million in the Garda Transport Fleet in 2020 – a proportion of which relates to the Garda pandemic response in support of public health guidelines.
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.
I am informed by the Garda authorities that as of 30 September 2020, there were 3,046 vehicles attached to the Garda Fleet, including vehicles attached to the national units. As of the same date, a total of 495 Garda vans, marked and unmarked, were deployed nationally across all Garda regions.
I understand that the number of new marked Garda vans that have come into the fleet to date in 2020 and the number of marked Garda vans that have been withdrawn from the fleet to date is shown in the table below.
|
Marked Garda Vans |
Number |
|
Allocated 1/1/2020 – 15/10/2020 |
6 |
|
Removed from the Fleet 01/01/2020 – 15/10/2020 |
20 |
There are a further 8 vans currently being fitted out as Marked Twin Cell Vans, which will be available to be allocated before the end of 2020.
523. Deputy Catherine Murphy asked the Minister for Justice the estimated cost of recruiting two extra full-time forensic pathologists for the Office of the State Pathologist. [31173/20]
View answerThe Office of the State Pathologist is an agency under the aegis of my Department, providing independent expert advice on all matters pertaining to forensic pathology. The Office delivers a nationwide, 24/7, year round service throughout the Republic of Ireland.
In order to support the work of the OSP, recruitment is currently ongoing to appoint State Pathologists. An open recruitment campaign is being managed by the Public Appointments Service in this regard.
As stated in the competition booklet, the starting salary for this specialist professional role, taking into account the high level of medical and postgraduate qualifications, and the significant expertise required, is €160,225.
The Deputy may wish to note that the position of Chief State Pathologist has also been advertised recently.
