Written Answers Nos. 565-584
565. Deputy Seán Kenny asked the Minister for Justice and Equality if he will confirm recent reports that the Garda Síochána community text alert scheme will be set up in the Garda R district; if so the details of same; and if he will make a statement on the matter. [31739/13]
Amharc ar fhreagraI am informed by the Garda authorities that a Text Alert crime prevention initiative is being developed under the auspices of An Garda Síochána, Muintir na Tíre, Neighbourhood Watch, the Irish Farmers Association and related stakeholders. I am further informed that the initiative is being piloted in a number of locations so as to inform the development of an overall text alert policy and that this process is an advanced stage. I expect that further details in this regard will be available from the Garda authorities in due course.
566. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 169, the legislative basis upon which he believes he is not in a position to comment on the specific property, a braille reader, which is subject to a complaint to the Garda Síochána Ombudsman Commission. [31788/13]
Amharc ar fhreagraThe Garda Síochána Ombudsman Commission is an independent body which was established under the Garda Síochána Act 2005 to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána. Complaints fall to be examined in accordance with the provisions of the 2005 Act and any related protocols or agreements.
The Ombudsman Commission is independent of the Minister for Justice and Equality in relation to the operation of its functions. Accordingly, it would not be appropriate for me to comment on any matter which is being examined by the Ombudsman Commission.
567. Deputy Clare Daly asked the Minister for Justice and Equality the steps he will take to ensure that maintenance orders are enforced and the moneys awarded to families are paid up as requested by the courts; and if he has any plans to improve this situation. [31790/13]
Amharc ar fhreagraThe law contains a number of provisions to ensure that payments are made by spouses in support of their dependent spouses and children. These include enabling powers for the courts to order attachment of the earnings of a debtor spouse, to order the securing of payments to the maintenance creditor, to order the payment of lump sums and to order arrears of maintenance to be paid by instalments.
As the Deputy may be aware, following my appointment I introduced amending legislation in Section 31 of the Civil Law (Miscellaneous Provisions) Act 2011 which provided for the amendment of the Family Law (Maintenance of Spouses and Children) Act 1976. The amendment, which came into effect on 2 August, 2011, provides for the insertion of two new sections into the 1976 Act which set out procedures to be followed in the District court regarding arrears of maintenance payments and confers power on the District Court to regard as contempt of court a failure by a maintenance debtor to comply with a previous court order and to deal with such a breach accordingly, including by means of imprisonment.
In addition, the enforcement of maintenance orders from abroad is provided for in the Maintenance Act 1994, which enabled Ireland to ratify the UN Convention on the Recovery Abroad of Maintenance Payments (the New York Convention), which came into effect for Ireland in November 1995. EU countries are covered specifically by Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. Under both instruments, a Central Authority has been established in my Department to facilitate the transmitting and receiving of maintenance claims to the relevant authorities for enforcement.
568. Deputy Clare Daly asked the Minister for Justice and Equality if he will ensure that legislation is urgently implemented to regulate the admission of counselling notes in sexual abuse cases. [31792/13]
Amharc ar fhreagraIt is my intention that this issue will be addressed in the forthcoming Sexual Offences Bill, which is at an advanced stage of preparation in my Department.
569. Deputy Andrew Doyle asked the Minister for Justice and Equality the redress scheme in place for the survivors of the Magdalen laundries, following on from the Dr. Martin McAleese report; and if he will make a statement on the matter. [31953/13]
Amharc ar fhreagraThe publication of the Quirke report and the Government’s acceptance in full of all of the recommendations contained in it marks the culmination of a process I initiated in March 2011 following my taking office as Minister for Justice, Equality and Defence. It reflects my promise to the women who resided and worked in the Laundries to see justice done.
The process I initiated resulted in an unprecedented trawl of papers and records held by the State and State agencies to assist in establishing the facts about the Magdalen laundries and gave everyone a unique opportunity to detail what they knew. The work of the Inter-departmental Committee chaired by Dr. McAleese provided the platform for the apology made by the Taoiseach on 19 February 2013 and for the Government decision to ask Judge Quirke to devise a scheme.
It is clear that Judge Quirke focused on the needs of the women he met during the examination he was asked to conduct by the Government. The recommendations contained in his report, which the Government approved in full, centre around the provision of payments and benefits best suited to meeting these individual needs.
His most immediately significant recommendation in the report is that the women in question should all receive cash payments in the range €11,500 (duration of stay 3 months or less) to €100,000 (duration of stay of 10 years or more). If the cash payment due is above €50,000, Justice Quirke recommends that it should paid in the form of a lump sum of €50,000 plus an annual payment related to the notional remaining lump, sum to be paid weekly. The amount to be paid depends on the duration of stay of a resident in a Magdalen home.
The traditional approach in this jurisdiction has been for the payment of a once off lump sum. Judge Quirke in his report took a different approach and recommended a lump sum payment combined with a series of ongoing benefits and payments. As regards income payments in particular he stated:
"The Commission is concerned to protect, for the benefit of those vulnerable women, the resources which they will acquire when they receive monetary payments arising out of the proposed Scheme. It has been necessary for the Commission to seek to balance the needs and interests of those elderly vulnerable women with the needs and interests of the many other Magdalen women who are younger, healthier, more energetic and more independent. In order to achieve that balance the Commission has taken the view that the needs and interests of the Magdalen women would be best addressed by making any ex gratia payments in excess of €50,000 payable to the women as tax free weekly income for the remainder of their lives."
His other recommendations cover a range of issues including:
- the provision of an extensive range of community based health and social services to each individual woman;
- all Magdalen women who have reached pensionable age should have an income equivalent to the State contributory pension;
- all Magdalen women who have not reached pensionable age should have an income of at least €100 per week;
- cash payments should be exempt from income and other taxes and should not be taken into account for the purposes of means testing.
Mr Justice Quirke is to be thanked for taking on this task. The report itself is very thorough and impressive. I know that he consulted widely on the issue. He and the people who assisted him did an excellent job in devising a scheme that meets the particular needs of the women in question and which the Government had no hesitation in approving Judge Quirke's recommendations are interconnected.
570. Deputy Finian McGrath asked the Minister for Justice and Equality if he will rectify the situation where a garda can issue fines for offences against a person (details supplied) without any prior confrontation. [31956/13]
Amharc ar fhreagraI am informed by the Garda authorities that, based on the information supplied by the Deputy, they cannot provide material for an accurate response to the matter in question.
If the Deputy wishes to supply material to clarify the matter I will request a further report from the Garda authorities and contact him again when the report is to hand.
571. Deputy Willie O'Dea asked the Minister for Justice and Equality if he considers it just or fair that a person (details supplied) should be advised of the postponement of his citizenship ceremony one week prior to it occurring, having been previously advised that all was in order having been scheduled for 4 July next; and if he will make a statement on the matter. [31961/13]
Amharc ar fhreagraA letter issued to the person referred to by the Deputy on 25 March, 2013 informing him it was intended to grant his application for a certificate of naturalisation. The applicant submitted the requested documents and an invitation issued to him to attend a citizenship ceremony on the 4 July, 2013.
In the interim and before the formal certificate of naturalisation was prepared further information came to light which requires to be considered before a final decision is made in this case. I do not want to pre-empt the outcome of these considerations except to say that officials in my Department will be in contact with the person as soon as possible regarding his application status.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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.
Queries in relation to the status of individual immigration cases may be made directly to 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
573. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality the date on which the Immigration, Residency and Protection Bill will be introduced. [32054/13]
Amharc ar fhreagraSubject to having to deal with the competing legislative demands of our EU/IMF/ECB Programme commitments, I hope to be in a position to bring a revised Bill to Government for approval and publication before the end of the year.
574. Deputy Finian McGrath asked the Minister for Justice and Equality if he will respond to a query from a person (details supplied) regarding the proposed judicial council Bill. [32076/13]
Amharc ar fhreagraI am happy to be able to inform the Deputy that this personal inquiry has been responded to directly through my Private Office. The reply reiterated the Programme for Government commitment to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges” and that this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation. Having considered the Bill in light of the considered views of the judiciary and in relation to current Government policy, I am happy to confirm that work on the drafting of the new Bill continues in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. Under the Government's Legislation Programme publication of the Bill is expected later this year.
575. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will reduce the timeframe it takes to secure Garda vetting for employment; if he will make this clearance transferable between different employers; and if he will make a statement on the matter. [32097/13]
Amharc ar fhreagraI am informed by the Garda authorities that the current average processing time for applications is approximately 14 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. All organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process.
A vetting disclosure is made in response to a written request and with the permission of the person who is the subject of that request. Garda vetting disclosures are issued to specified organisations registered with GCVU for that purpose in respect of a particular post or employment. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012.
The disclosure is made to the requesting, registered organisation of the position at the time when it is issued. Each time a new vetting application is received, a full vetting check is conducted to ensure that the most recent data available is taken into account. The non-transferability and contemporaneous nature of the certificate protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service. It also affords the registered organisation the facility to assess suitability based on the most up to date information available on the applicant.
I remain in ongoing contact with the Garda Commissioner as to how best the service can continue to be delivered and improved upon, while at all times protecting the integrity of the process. Clearly, the protection of children and vulnerable adults is the primary objective of the Garda Central Vetting Unit and this must remain the case.
The possibility of introducing an e-vetting system has been assessed and the Garda authorities are now in the process of developing a system which will enable vetting applications to be submitted electronically through a secure web service. In addition, the system will facilitate the checking and monitoring of applications. The relevant work is being pursued on a priority basis and it will be completed as quickly as possible.
The Garda Commissioner has informed me that there are currently 1 Superintendent, 3 Sergeants and approximately 136 civilian personnel assigned to the Garda Central Vetting Unit. This civilian complement includes 23 staff recently transferred from Department of Agriculture. In addition, a further 31 have been assigned to the Vetting Service from various other locations in the public service. These staff members are currently undergoing training with the first cohort due to have completed their training by 15 July and the last by mid-September.
When these staff have been fully trained on the vetting process I expect there will be a positive effect on vetting times. My Department is also examining the scope for the redeployment of additional personnel from within the public service to the Unit.
576. Deputy Andrew Doyle asked the Minister for Justice and Equality the current waiting time for the processing of student visa applications for the purposes of studying here; his views on whether this waiting time is comparable and competitive with other nations competing for international students to come to study; and if he will make a statement on the matter. [32151/13]
Amharc ar fhreagra577. Deputy Andrew Doyle asked the Minister for Justice and Equality the waiting period for the processing of student visa applications for the purposes of studying here in each month for the years 2009 to 2012 and to date in 2013; and if he will make a statement on the matter. [32152/13]
Amharc ar fhreagraI propose to take Questions Nos. 576 and 577 together.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that dedicated overseas visa offices staffed by persons seconded from INIS to the Department of Foreign Affairs and Trade process the bulk of study visa applications. For example, in Turkey and Abu Dhabi the average waiting period is 1 to 2 weeks with a success rate of 93% and 88% respectively. Applications made in Beijing and London take on average 20 days to process with a success rate of 88% in Beijing.
I am advised that these processing times compare favourably with international standards. The issue here of course is balancing the need to maintain sensible immigration controls with the requirement to facilitate as quickly as possible bona fide applications. In the circumstances, a turn around time on decision making on these cases within a few weeks is not excessive and should be weighed against the fact that individual decisions are often life changing events for very many applicants.
The Deputy may wish to note that not all international students are visa required, many originating from within the EU. Visa applicants are advised to apply eight weeks before the intended date of travel, however, this advice is mainly precautionary. Although the processing time for dealing with visa applications can vary depending on the particular circumstances of each individual case and the level of investigation required, it would be quite rare for a straightforward visa application to take eight weeks to process. The timescales for study visas as outlined above demonstrates this.
Regarding the Deputy's request for the monthly breakdown of the processing times, I am advised by my officials in the Visa Division of my Department that compilation of the detailed information requested by the Deputy would involve a disproportionate amount of staff time and resources which could not be justified in the circumstances.
579. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality further to Parliamentary Question No. 449 of 25 June 2013, if he will commence an investigation into the way two convictions in two different districts were incorrectly applied to the persons in question; if these convictions as issued to the potential employer were taken off the PULSE system; the Garda officer who inputted them; and the reason for same. [32185/13]
Amharc ar fhreagraAs previously stated, on receipt of correspondence questioning the veracity of this information, further enquiries were conducted by the Garda Central Vetting Unit. It was established that due to an administrative error on the Garda PULSE System, two court outcomes were incorrectly attributed to the person concerned. Following the discovery of this error an amended Garda Vetting Disclosure was issued to the Registered Organisation in question on the 15 May 2013 containing the correct details.
I am informed by the Garda Authorities that further enquiries into the matter are ongoing, and it would therefore not be appropriate for me to make any further comment on the issue at this time.
580. Deputy Thomas Pringle asked the Minister for Defence the number of temporary clerical officers who have been employed by his Department over each of the past three years; the number of those who have been retired public or civil servants; his views on whether his Department should employ retired staff in these positions in view of the level of youth unemployment here; and if he will make a statement on the matter. [31570/13]
Amharc ar fhreagraMy Department has not employed any temporary clerical officers in the past three years.
581. Deputy Andrew Doyle asked the Minister for Defence if he will outline the details of his address to the 30th International Workshop on Global Security in Paris, France on 24 June 2013; if he will detail the bilateral meetings and other engagements he had at the conference; and if he will make a statement on the matter. [31640/13]
Amharc ar fhreagraThe theme of the 30th International Workshop on Global Security, held in Paris on 24 June 2013, was Peace and Security — The Challenges Ahead. In my address, I focused on the key security challenges facing the European Union. Noting that the international security environment has changed profoundly in recent decades, I stated that active and positive engagement is required by all in order to safeguard the security of individual Member States and that of the Union. I stated that threats like terrorism, uncontrolled migration, cyber attacks and people and drug trafficking are not purely military and, therefore, an overarching or comprehensive approach is required to tackle security issues. I stated that, throughout Ireland’s Presidency of the Council of the European Union, the issues of security challenges and threats facing the Union were discussed, in particular in relation to Maritime Security and Cyber Security. In relation to Maritime Security, I highlighted the importance of building EU-wide consensus and cooperation in relation to security and surveillance in the maritime domain. I noted that the many threats and challenges to the maritime domain have the potential to impact adversely on the security and safety of the Union as a whole and on our citizens and economies. To understand the risks, challenges and vulnerabilities that we face in this regard, it is necessary to have a full picture of what is happening at sea – an integrated maritime picture.
In relation to Cyber Security, I stated that this is an area that imposes existential and internal threats with regard to terrorism, protecting industry and essential utilities and Government information that is of a confidential nature. Cyber security is a complex issue that requires cooperation across all sectors to ensure the safety of our networks and infrastructures. I referred to the dramatic increase in cyber crimes/incidents. I stated that in relation to cyber security, it is appropriate to say that the challenge is how Ministers, policy makers and the private sector can collectively develop a multilateral and multi-dimensional approach to address the challenges that we face in cyber security from a technical, operational and policy perspective.
I welcomed the recent publication of the European Commission’s Cyber Security Strategy entitled “An Open, Safe and Secure Cyber-space”. I noted that it is incumbent upon everyone to fully support implementation of these strategies and agreements. To fail to co-operate in the area of Cyber would be to undermine our collective security and to fail to understand the escalating threat that we face. We are stronger together and safer together. To successfully counter this emerging cyber threat, cooperation between national law enforcement, defence, and technical incident response organisations, within and between Member States, needs to be encouraged. I concluded that it is incumbent on us all to take both personal and collective responsibility to address this crucial and critical issue.
En marge of the Conference, I took the opportunity to meet informally with some of my Ministerial colleagues from other Member States. I also received a briefing from Ireland’s Ambassador to France on Defence and other issues.
582. Deputy Andrew Doyle asked the Minister for Defence the different ranks of all members in the Irish Defence Forces including the Permanent Defence Force, the Reserve Defence Force, the Irish Naval Service, the Naval Service Reserve, the Irish Air Corps and any other associated part of the Defence Forces; the comparisons that can be made in the ranks between the different sections of the Defence Forces; and if he will make a statement on the matter. [31694/13]
Amharc ar fhreagraThe detailed information the deputy sought in respect of ranks in the Defence Forces is contained in the table.
|
Army Ranks |
Air Corps Ranks |
Naval Service Ranks |
Army Reserve Ranks |
Naval Reserve Ranks |
|
Lieutenant General |
Lieutenant General |
Lieutenant General |
- |
- |
|
Major General |
Major General |
Major General |
- |
- |
|
Brigadier General |
Brigadier General |
Commodore |
- |
- |
|
Colonel |
Colonel |
Captain |
- |
- |
|
Lieutenant Colonel |
Lieutenant Colonel |
Commander |
Lieutenant Colonel |
Commander |
|
Commandant |
Commandant |
Lieutenant Commander |
Commandant |
Lieutenant Commander |
|
Captain |
Captain |
Lieutenant |
Captain |
Lieutenant |
|
Lieutenant |
Lieutenant |
Sub Lieutenant |
Lieutenant |
Sub Lieutenant |
|
Second Lieutenant |
Second Lieutenant |
Ensign |
Second Lieutenant |
Ensign |
|
Battalion Sergeant Major |
Regimental Sergeant Major |
Warrant Officer |
Battalion Sergeant Major |
Warrant Officer |
|
Battalion Quartermaster Sergeant |
Regimental Quartermaster Sergeant |
Senior Chief Petty Officer |
Battalion Quartermaster Sergeant |
Senior Chief Petty Officer |
|
Company Sergeant |
Flight Sergeant |
Chief Petty Officer |
Company Sergeant |
Chief Petty Officer |
|
Company Quartermaster Sergeant |
Flight Quartermaster Sergeant |
Senior Petty Officer |
Company Quartermaster Sergeant |
Senior Petty Officer |
|
Sergeant |
Sergeant |
Petty Officer |
Sergeant |
Petty Officer |
|
Corporal |
Corporal |
Leading Seaman |
Corporal |
Leading Seaman |
|
Private 3 Star |
Airman 3 Star |
Able Seaman |
Private 3 Star |
Able Seaman |
|
Private 2 Star |
Airman 2 Star |
Ordinary Seaman |
Private 2 Star |
Ordinary Seaman |
583. Deputy Seán Kenny asked the Minister for Defence if he will provide the number of female personnel at each rank in the Air Corps and Naval Service; and if he will make a statement on the matter. [31742/13]
Amharc ar fhreagraThe table sets out the number of women serving in the Army, Navy and Air Corps at 31 May 2013. For ease of comparison the equivalent Army Rank has been used in the Naval Service Table. In terms of the current position, the number of women serving in the Permanent Defence Force (PDF) on 31 May 2013, the latest date for which figures are available, was 562, of which 467 were serving in the Army, 28 in the Air Corps and 67 in the Naval Service. This represents 6.15% of the overall strength of the Defence Forces.
The Government is committed to a policy of equal opportunity for men and women throughout the Defence Forces and to the full participation by women in all aspects of Defence Forces activities. Unlike many other national armed forces, the Defence Forces have no restrictions as regards the assignment of men or women to the full range of operational and administrative duties. All promotions and career courses are open to both genders on merit.
The Defence Forces prides itself on providing a gender neutral working environment. Policies on equality are being constantly communicated to all ranks. The military authorities are alert and vigilant to this issue and are committed to addressing this matter in a continuing and proactive manner.
Female Strength in Army at 31 May 2013
|
LT GEN |
MAJ GEN |
BRIG GEN |
COL |
LT COL |
COMDT |
CAPT |
LT |
SM |
BQMS |
CS |
CQMS |
SGT |
CPL |
PTE |
CADET |
TOTAL |
|
- |
- |
- |
- |
2 |
26 |
40 |
43 |
- |
- |
2 |
1 |
42 |
109 |
198 |
4 |
467 |
Female Strength in Air Corps at 31 May 2013
|
LT GEN |
MAJ GEN |
BRIG GEN |
COL |
LT COL |
COMDT |
CAPT |
LT |
SM |
BQMS |
CS |
CQMS |
SGT |
CPL |
PTE |
CADET |
TOTAL |
|
- |
- |
- |
- |
- |
- |
2 |
2 |
1 |
- |
- |
- |
6 |
10 |
7 |
- |
28 |
Female Strength in Naval Service at 31 May 2013
|
LT GEN |
MAJ GEN |
BRIG GEN |
COL |
LT COL |
COMDT |
CAPT |
LT |
SM |
BQMS |
CS |
CQMS |
SGT |
CPL |
PTE |
CADET |
TOTAL |
|
- |
- |
- |
- |
- |
6 |
12 |
10 |
- |
- |
- |
- |
2 |
10 |
26 |
1 |
67 |
584. Deputy Andrew Doyle asked the Minister for Defence if the Irish Defence Forces will be deployed to Mali from 1 July as per the United Nations Security Council resolution of 25 June 2013 regarding a UN peacekeeping force made up of 12,600 troops; and if he will make a statement on the matter. [31847/13]
Amharc ar fhreagraOn 25 April 2013, the United Nations Security Council unanimously adopted Resolution 2100 (2013) establishing a Peacekeeping Force in the West African nation of Mali. Acting under Chapter VII of the United Nations Charter, the Council established the United Nations Multidimensional Integrated Stabilization Mission in Mali, known as MINUSMA, for an initial period of twelve (12) months. The new mission replaced the African-led International Support Mission in Mali (AFISMA), on 1 July 2013, when African personnel originally deployed to AFISMA were rehatted to MINUSMA.
The UN initiated a force generation process for MINUSMA in May 2013. It is understood that the UN has since received offers for all units required with the exception of some enablers e.g. air and medical assets and staff officers for the mission headquarters. It is anticipated that the UN will invite Member States to meet this shortfall. While no formal request has yet been received by Ireland in this regard, my Department in concert with the military authorities is considering potential options for a Defence Forces contribution to the mission and is consulting partners and other EU Member States in this regard.
On 26 February 2013, the Government approved the deployment of approximately eight (8) members of the Permanent Defence Force for service with the EU Training Mission in Mali (EUTM Mali). Three (3) Officers and five (5) Non-commissioned Officers were deployed to EUTM Mali on 23 March 2013, for a tour of duty of approximately five months. The purpose of the mission is to provide military training and advice to the Malian Armed Forces in order to improve their capacity to maintain security, and restore the authority of the Malian Government and the territorial integrity of the Malian State.
