Tuesday, 26 Mar 2013

Written Answers Nos. 414-430

Public Order Offences

Ceisteanna (414)

Eoghan Murphy

Ceist:

414. Deputy Eoghan Murphy asked the Minister for Justice and Equality if it is illegal to beg in the vicinity of a cash machine; and the actions the Gardaí can take to deter such activity. [14693/13]

Freagraí scríofa

Minister for Justice and Equality

The Criminal Justice (Public Order) Act, 2011 provides for begging related offences and Gardaí make full use of these and other relevant provisions.

Section 2 of the Act of 2011 provides that a person who, while begging, harasses, intimidates, assaults or threatens any other person or persons, or obstructs the passage of persons or vehicles, is guilty of an offence. There is also provision contained in Section 3 (2) in relation to begging at certain locations, including at or near automated teller machines or vending machines, and members of An Garda Síochána may direct a person begging at such a location to leave the vicinity in a peaceable and orderly manner. Section 4 of the Act also gives Gardaí powers of arrest without warrant where there is reasonable grounds to believe that offences under this legislation have been committed.

In addition to these provisions, Section 247 of the Children Act, 2001 provides for an offence of causing, procuring or allowing children to beg, and Gardaí have powers of arrest under section 254 of the 2001 Act where there is reasonable grounds to suspect that such an offence has been committed or attempted.

I am informed that Gardaí in Dublin City Centre have been targeting begging at or near cash machines and vending machines such as Luas ticketing machines. High visibility foot patrols are conducted in areas of high footfall in conjunction with plain clothes operations which specifically target begging.

The Deputy will appreciate that the issue of begging is a wider societal problem which needs to be tackled through an inter-agency approach rather than depending solely on law enforcement. In this regard, a proactive strategy led by An Garda Síochána involving an inter-agency partnership approach has been developed. The objective of this initiative is to develop a long-term strategy that will address the issue holistically and not only through the Criminal Justice System.

Charities Regulation

Ceisteanna (415)

Eoghan Murphy

Ceist:

415. Deputy Eoghan Murphy asked the Minister for Justice and Equality the permit required for those who wish to collect money for charity; and the entitlements and role given to collectors by the permit. [14696/13]

Freagraí scríofa

Minister for Justice and Equality

All public cash collections must be held in accordance with a collection permit granted in respect of that collection under the Street and House to House Collections Act 1962. Under the 1962 Act, a Chief Superintendent may attach to a collection permit granted by him such conditions in relation to the conduct of the collection authorised by the permit as are, in his opinion, necessary or desirable for the maintenance of public order and the prevention of annoyance to the public, including the occupants of houses visited by collectors.

Prison Accommodation

Ceisteanna (416)

Clare Daly

Ceist:

416. Deputy Clare Daly asked the Minister for Justice and Equality the number of cells in each institution; the number that accommodate two, three, four or more prisoners; and the current levels of overcrowding within each prison with reference to the safe levels of custody on each prison as identified by the Inspector of Prisons; and if he will make a statement on the matter. [14699/13]

Freagraí scríofa

Minister for Justice and Equality

The information requested by the Deputy will require some time to collate. I will forward the information to the Deputy as soon as it is available.

Prisoner Numbers

Ceisteanna (417)

Clare Daly

Ceist:

417. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners in total and in each institution that are at present in custody; the number required to slop out; the number required to use normal toilet facilities in the presence of others; the number that are sole occupants of a cell that has a normal flush toilet installed or have access at all times to normal private toilet facilities; and if he will make a statement on the matter. [14700/13]

Freagraí scríofa

Minister for Justice and Equality

The information requested by the Deputy will require some time to collate. I will forward the information to the Deputy as soon as it is available.

Prisoner Numbers

Ceisteanna (418)

Clare Daly

Ceist:

418. Deputy Clare Daly asked the Minister for Justice and Equality the number of prisoners, in total and in each institution; the number of prisoners in each prison who have been on protection for extended periods of time, that is, longer than one month, three months, six months and so on; and if he will make a statement on the matter. [14703/13]

Freagraí scríofa

Minister for Justice and Equality

The information requested by the Deputy will require some time to collate. I will forward the information to the Deputy as soon as it is available.

Ground Rents Abolition

Ceisteanna (419)

Joanna Tuffy

Ceist:

419. Deputy Joanna Tuffy asked the Minister for Justice and Equality if he will provide an update regarding ground rents and the abolition of ground rents; and if he will make a statement on the matter. [14717/13]

Freagraí scríofa

Minister for Justice and Equality

The position is that section 2 of the Landlord and Tenant (Ground Rents) Act 1978 introduced a prohibition on the creation of new leases reserving ground rents on dwellings. As regards existing ground rents, Part III of the Landlord and Tenant (Ground Rents) (No.2) Act 1978 contains a statutory scheme whereby a person may, at reasonable cost, acquire the fee simple in their dwelling. To date, over 80,000 applicants have acquired freehold title to their property under this scheme. In the case of property other than dwellings, the Landlord and Tenant (Ground Rents) Act 1967 contains provisions which facilitate acquisition of the fee simple subject to agreed terms or on terms set out in an arbitration carried out by the County Registrar.

The position regarding ground rents was considered by the All-Party Oireachtas Committee on the Constitution in their 2004 Report 'Private Property'. The Committee took the view that a ground landlord's ground rent is a form of property right which is constitutionally protected and that abolition of such rents would be unconstitutional in the absence of adequate monetary compensation. The Committee also noted that where leases were approaching expiry, any legislation providing for the abolition of ground rents would have to provide for the payment of enhanced compensation by the ground tenant. In light of the foregoing, I have no immediate plans to introduce further legislation in this area. Operation of the existing law will, however, be kept under review by my Department.

Court Accommodation Provision

Ceisteanna (420, 452, 453)

Gerald Nash

Ceist:

420. Deputy Gerald Nash asked the Minister for Justice and Equality when construction work will commence on the new Drogheda courthouse; when the courthouse will be open and fully operational; and if he will make a statement on the matter. [14742/13]

Niall Collins

Ceist:

452. Deputy Niall Collins asked the Minister for Justice and Equality the current status of the refurbishment and extension of the courthouses in County Cork, Mullingar County Westmeath and County Waterford on an individual basis as announced under the national stimulus plan; and if he will make a statement on the matter. [15193/13]

Niall Collins

Ceist:

453. Deputy Niall Collins asked the Minister for Justice and Equality the current status of the new courthouse buildings for Drogheda, Letterkenny, Limerick and Wexford on an individual basis as announced under the national stimulus plan; and if he will make a statement on the matter. [15194/13]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 420, 452 and 453 together.

In July 2012 the Government announced a stimulus package which includes seven courthouse projects in Wexford, Mullingar, Waterford, Limerick, Cork, Letterkenny and Drogheda.

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that discussions are ongoing with the Office of Public Works and the National Development Finance Agency in order to progress the projects. The projects are to be procured and delivered through a Public Private Partnership.

I am informed that in the case of Wexford and Mullingar, design has been completed and Part 9 Planning has been obtained. In the case of the other five projects, the Office of Public Works is currently working on the designs with a view to undertaking the planning process later this year. It is expected that the PPP procurement process will commence around the end of the year. This time scale would allow construction to commence during 2015 with a view to the projects completing during 2016.

Garda Transport

Ceisteanna (421)

Dara Calleary

Ceist:

421. Deputy Dara Calleary asked the Minister for Justice and Equality if he will allow An Garda Síochána to adopt a leasing policy for transport as is common in police forces across the EU; if he will agree that An Garda Síochána has an attrition rate of one patrol car daily across the State and that his Department's fleet replacement policy is flawed in that the recent purchase of 250 vehicles will not address the vehicle needs of An Garda Síochána. [14744/13]

Freagraí scríofa

Minister for Justice and Equality

Decisions in relation to the provision of Garda transport are matters for the Garda Commissioner.

The Commissioner is the Accounting Officer for the Garda Vote and, in that context, I have been informed that the option of leasing vehicles has been examined. However, the Garda authorities have concluded that the current arrangement whereby Garda vehicles are purchased through an open tender procedure represents the most efficient use of available resources as, in particular, it secures bulk discounts for Force.

I am advised by the Garda authorities that the deployment of Garda transport is determined on the basis of ongoing analysis and review of the policing needs of each Garda Division to ensure that the available resources are utilised to best advantage to meet the operational requirements of the Force. Garda patrol vehicles are taken out of service for a variety of reasons, including as a result of accidents or when the odometer reading reaches the safety limit set by the relevant manufacturer.

As the Deputy will be aware, I made an additional €3 million available to An Garda Síochána towards the end of last year, enabling the Force to procure a total of 213 vehicles in 2012. This is approximately the same as the total number of vehicles purchased in 2009, 2010 and 2011 combined under budgets brought in by the previous Government.

In addition, a further allocation of €5 million has been provided for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.

Closed Circuit Television Systems

Ceisteanna (422)

Michelle Mulherin

Ceist:

422. Deputy Michelle Mulherin asked the Minister for Justice and Equality when the Garda CCTV system in Ballina, County Mayo will be commissioned; and if he will make a statement on the matter. [14760/13]

Freagraí scríofa

Minister for Justice and Equality

Garda CCTV systems are planned and implemented on the basis of An Garda Síochána's identified operational requirements. Accordingly, decisions in relation to the introduction or extension of such systems are a matter for the Garda Commissioner.

In that context, I am advised by the Garda authorities that they are currently examining the installation of a Garda CCTV system in Ballina. The Deputy will appreciate that progress in relation to this matter will depend upon overall policing requirements and the availability of resources.

Garda Deployment

Ceisteanna (423)

Gerry Adams

Ceist:

423. Deputy Gerry Adams asked the Minister for Justice and Equality the number of Garda personnel engaged in providing driver and security services to the members of the Government, members of the Judiciary, former Taoisigh or former Government Ministers, including those on any reserve panel; and if he will make a statement on the matter. [14762/13]

Freagraí scríofa

Minister for Justice and Equality

I have been informed by the Garda Commissioner that there are twenty-six (26) Ministerial Drivers assigned to the Ministerial Pool and Ministerial Relief Pool.

Garda drivers are assigned to An Taoiseach, An Tánaiste, the Minister for Justice, Equality and Defence, the Chief Justice and the Director of Public Prosecutions. Garda drivers may also be assigned to former Taoisigh and Presidents on specific State occasions. There are no Garda drivers assigned to former Ministers.

The Deputy will appreciate that An Garda Síochána does not comment on matters of security, including matters pertaining to the safety, security and welfare of protected persons.

Responsibility for the allocation of personnel rests with the Garda Commissioner in conjunction with his senior management team.

Garda Deployment

Ceisteanna (424, 425)

Gerry Adams

Ceist:

424. Deputy Gerry Adams asked the Minister for Justice and Equality if he has any plans to redeploy gardaí to the County Louth area to cover Garda personnel shortages in the county; and if he will make a statement on the matter. [14763/13]

Gerry Adams

Ceist:

425. Deputy Gerry Adams asked the Minister for Justice and Equality if any assessments have been carried out to assess the number of gardaí required to adequately police the County Louth area; the findings of that assessment; and if he will make a statement on the matter. [14764/13]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 424 and 425 together.

The Deputy will be aware that the detailed allocation of resources, including personnel, throughout the organisation is the responsibility of the Commissioner. I have no direct function in this matter. This allocation of resources and the assessment of policing needs in particular areas are constantly monitored in the context of crime trends and other operational strategies in place on a District, Divisional and Regional level. The objective at all times is to ensure that optimum use is made of Garda resources and the best possible Garda service is provided to the public.

In relation to the Louth Garda Division, I have been informed by the Garda authorities that as of 28 February 2013, the latest date for which figures are readily available, the personnel strength of the Division was 290. There was also 45 Garda Reservists and 23 Civilians assigned to the Division.

Asylum Applications

Ceisteanna (426)

Michael McNamara

Ceist:

426. Deputy Michael McNamara asked the Minister for Justice and Equality when a decision on subsidiary protection and leave to remain will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [14847/13]

Freagraí scríofa

Minister for Justice and Equality

The person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 17th July, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The judicial review proceedings were struck out on 8th February, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The person concerned submitted an application for subsidiary protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

State Pathologists

Ceisteanna (427, 450)

Kevin Humphreys

Ceist:

427. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will provide an update on the joint capital project between his Department and Dublin City Council to construct new permanent accommodation for a city morgue; the reason his Department has now opted to progress the stalled development of this project through a public-private partnership; if he has given any consideration to advancing the project through traditional tendering and procurement processes; the reasons for his decision; when he expects the project to be fully completed; and if he will make a statement on the matter. [14860/13]

Niall Collins

Ceist:

450. Deputy Niall Collins asked the Minister for Justice and Equality the current status of the State Pathology Laboratory announced under the national stimulus plan; and if he will make a statement on the matter. [15191/13]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 427 and 450 together.

The project in question envisaged the building of a morgue, sophisticated autopsy facilities, secure on-site storage and office accommodation for the Office of the State Pathologist and the Dublin Coroner. The facility was to be built on a site owned by Dublin City Council in Marino, Dublin 3. A contract was awarded and the project commenced but the building contractor went into receivership in late 2010 leaving the build at a very early stage of completion. Following the Comprehensive Review of Expenditure there was insufficient funding available under the current capital envelope to finance the original project; nor was there any possibility of State funding being made available in the foreseeable future. As a result, other options to recommence and fund the project were examined including the completion of the build under a Public Private Partnership (PPP) arrangement.

Consequentially, the project was initially included in the PPP as a mechanism to access capital funding to complete the build. Following the examination of the project in detail under the PPP process, it became clear that the PPP was not the most appropriate mechanism for accessing finance to complete the build given its relatively small scale and the specialised and complex nature of the build. As a consequence the project has been withdrawn from the PPP process.

Given the identified deficiencies in the current facilities and accommodation available to the Office of the State Pathologist and the Dublin Coroner it is considered essential that action must be taken to provide more suitable facilities in the short to medium term. An alternative proposal is therefore being considered which is to utilise the former Whitehall Garda Station as a site to provide different and more scaled down facilities. Compared to a new build this option would obviously provide a more limited and less technically sophisticated range of services but it would address some of the key concerns while retaining some of the benefits of the shared approach. This proposal is subject to assessment as regards suitability and a full analysis of the costs involved. However, it is believed that this option now presents the best mechanism to address the current problems in the shortest time period and at the least cost to the State. A Project Team has been established to develop the proposal and make recommendations in this regard.

Residency Permits

Ceisteanna (428)

Paschal Donohoe

Ceist:

428. Deputy Paschal Donohoe asked the Minister for Justice and Equality the number of applications currently being processed by his Department seeking leave to remain in the State; if he will indicate the month and year from which officials are currently processing applications; if he will provide an update on the application submitted by a person (details supplied) in Dublin 7; when it is expected that this application will be considered; and if he will make a statement on the matter. [14874/13]

Freagraí scríofa

Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service of my Department that an application was received for permission to remain in the State from the person mentioned on 18 December 2012. An examination of this case indicated that this person arrived in Ireland on 17 August 2006 and was registered in the State as a Student until 30 November 2012. There are no undue delays in processing cases in this category involving 'timed-out' students; in many jurisdictions cases involving persons who entered as students and who seek to remain as permanent migrants are rejected automatically whereas in others, decisions can take many years to be finalised. I am advised that this case is being assessed on its merits and will be decided upon in the coming weeks.

All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2006 he is now classified as a timed out Student.

On the matter raised by the Deputy on the numbers seeking leave to remain in the State, for the sake of clarity, I should state that there are a number of categories of immigrants who could be so classified. The categories in this respect include cases such as those comprehended by the person in the Question - i.e. students and timed-out students. The number in this category is approximately 2,000 and essentially represents the ongoing "work in progress" workload.

Other categories include failed asylum seekers, applicants for subsidiary protection and humanitarian leave to remain. Other immigrants such as those who come here on short-term visas and wish to remain for longer periods, persons who have been here unlawfully for lengthy periods and who have been detected by the Gardaí as well as those who no longer have lawful immigration status make up the remaining caseload. By definition, this caseload varies over time and without engaging in a major detailed exercise, it is not possible to state the numbers in these categories.

However, I can say that the entire caseload for the first two months of this year on all aspects of immigration, including naturalisation, registrations, EU Treaty Rights, visas, family reunification, long-term residency, investor programmes, asylum and related applications, as well as general applications for leave to remain and so forth, amounted to in excess of 40,000.

Legal Matters

Ceisteanna (429)

John McGuinness

Ceist:

429. Deputy John McGuinness asked the Minister for Justice and Equality if he will provide, for the period since the introduction of the new firearms licensing regime, the total forecast to the State of the High Court Judicial Review held before Mr. Justice Hedigan in early 2012, including both the State's own legal costs and the legal costs of all 168 applicants for which the State accepted liability; the total forecast cost to the State of all appeals to the courts against refusal decisions by gardaí to grant restricted firearms certificates, including the direct legal costs of the State and the appellants' legal costs that where awarded against the State; and the total estimated cost of all Garda time in processing and providing backup to the failed legal actions. [14875/13]

Freagraí scríofa

Minister for Justice and Equality

I have asked the Garda Commissioner for a report in relation to this matter and will communicate further when this is available.

Asylum Applications

Ceisteanna (430)

Paschal Donohoe

Ceist:

430. Deputy Paschal Donohoe asked the Minister for Justice and Equality if he will provide an update on the application for leave to remain in the State submitted by a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [14879/13]

Freagraí scríofa

Minister for Justice and Equality

The person concerned arrived in the State illegally. As a result, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 15th April, 2008, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out the reasons why he should not have a Deportation Order made against him. Written representations have been submitted on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.