Written Answers Nos. 853-873
853. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form, a list of all non-commercial State-sponsored bodies under the aegis of his Department; and if he will make a statement on the matter. [36216/13]
Amharc ar fhreagraThe State agencies under the aegis of my Department are An Bord Pleanála; the Dublin Docklands Development Authority; the Environmental Protection Agency; the Housing Finance Agency; Irish Water Safety; the Housing Sustainable Communities Agency; the Local Government Management Agency; the Private Residential Tenancies Board; the Radiological Protection Institute Ireland; and the Western Development Commission. Pobal, which is a not-for-profit company with charitable status, manages programmes on behalf of the Irish Government and the European Union. Under the Department’s agency rationalisation programme, some 21 agencies have been reduced to ten through a series of measures. This will be further reduced to eight agencies, following the Government decision to wind up the operations of the Dublin Docklands Development Authority by the end of 2013 and to merge the Environmental Protection Agency and the Radiological Protection Institute of Ireland by mid-2014.
854. Deputy Pearse Doherty asked the Minister for Justice and Equality if a company (details supplied) holds a current auctioneering licence in accordance with the Property Services (Regulation) Act 2011. [34256/13]
Amharc ar fhreagraIn accordance with the provisions of the Property Services (Regulation) Act 2011, the Property Services Regulatory Authority is responsible for the regulation and licensing of property service providers - auctioneers/estate agents, letting agents and property management agents. I am advised by the Authority that the company referred to by the Deputy does hold a current licence.
855. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of personal insolvency practitioners who have been appointed to date. [34761/13]
Amharc ar fhreagraNo Personal Insolvency Practitioners have yet been authorised by the Insolvency Service of Ireland (ISI). The ISI has received over 90 applications from potential practitioners since the Personal Insolvency Act 2012 (Authorisation and Supervision of Personal Insolvency Practitioners) Regulations 2013 (S.I. No. 209 of 2013) were published in late June. These applications are being assessed and will be processed, as appropriate, by the ISI. The ISI expects to begin issuing authorisations for persons to act as Personal Insolvency Practitioners by the end of this month. The names of practitioners will be published as soon as they are authorised on the relevant register on the ISI's website, www.isi.gov.ie.
856. Deputy Paschal Donohoe asked the Minister for Justice and Equality if the current existing panel of Garda applicants will be used for recruitment; if recruitment to the Garda will commence; and if he will make a statement on the matter. [34220/13]
Amharc ar fhreagraFollowing a review of the training for recruit gardaí, a revised training programme has been introduced in the Garda College. In light of this and in view of the fact that the existing Garda recruitment panel is now approximately five years old, it is unlikely that the existing panel will be used in any future recruitment. I believe it is important for an organisation such as An Garda Síochána to have some regular intakes of new recruits, even if on a modest scale. In this context, I am pleased to have received sanction from my colleague, the Minister for Public Expenditure and Reform, to hold a recruitment competition for An Garda Síochána. I will make arrangements with the Public Appointments Service so that they can do the necessary preparatory work to deal with what is expected to be a very large number of applications later this year.
857. Deputy Billy Timmins asked the Minister for Justice and Equality the position on a referendum to provide for marriage equality in the Constitution (details supplied); and if he will make a statement on the matter. [34286/13]
Amharc ar fhreagraI refer the Deputy to my response to Parliamentary Questions Nos. 421, 422 and 430 on 9 July 2013 in which I indicated as follows:
I am aware that the Convention on the Constitution published its third report, on its recommendation in relation to amending the
Constitution to provide for same-sex marriage, on 2 July 2013. Following receipt of the Convention's reports by the Oireachtas, the
Government has four months in which to respond to any recommendations in them, including saying whether it intends to hold a
referendum on the matter, and, if so, giving a timeframe for the referendum. The referendum and its timing will be considered as part of
the overall consideration by the Government of the third report.
The position is unchanged.
858. Deputy Niall Collins asked the Minister for Justice and Equality if the position of Garda crime prevention officer in the Tipperary Garda division has been filled; and if he will make a statement on the matter. [34289/13]
Amharc ar fhreagraI have been informed by the Garda Commissioner that the Crime Prevention Officer position in the Tipperary Division has been vacant since 2010. I have been informed by the Commissioner that, notwithstanding this, the crime prevention function of An Garda Síochána has not been adversely affected as crime prevention and personal security advice is being provided by appropriate Divisional resources. Where more indepth specialist advices are required, the services of the Divisional Crime Prevention Officer from the neighbouring Waterford Garda Division are utilised.
859. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the requirements for the update of stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34313/13]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned has been instructed by his local registration officer, An Garda Síochána to make a written application to the General Immigration Division, INIS regarding his request for further permission to remain in the State. In the meantime, and to give the person time in which to make this application, he was given permission to remain until 3 October 2013. To date no application has been received from the person by INIS and I would strongly advise that he apply to INIS without delay. Queries on the status of individual immigration cases may be made directly to INIS by e-mail using 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.
860. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) in County Dublin who has applied for a passport on behalf of their child, aged one and a half years, in view of the fact that the person became an Irish citizen from 11 March 2013; and if he will make a statement on the matter. [34314/13]
Amharc ar fhreagraWhere sections 6A and 6B of the Irish Nationality and Citizenship Act 1956, as amended, are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of four years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than three years or periods the aggregate of which is not less than three years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child to Irish citizenship is determined by the Passport Office following receipt of an application for a passport on the child's behalf. If a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied. Queries on 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.
861. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position on residency entitlement for consideration for naturalisation in the case of a person (details supplied) in County Kildare whose spouse is an Irish citizen; and if he will make a statement on the matter. [34315/13]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State on 4 February 2005 for a two-year period, under the revised arrangements applicable to the non-EEA national parents of Irish parents of Irish-born children born in the State before 1 January 2005, more commonly known as the IBC/05 Scheme. This permission was renewed on a regular basis and is currently valid until 31 January 2015. A valid application for a certificate of naturalisation was received from the person referred to by the Deputy in May 2012. The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. 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 in the State and at European Union level. It is important that appropriate procedures are in place to preserve the integrity of the process. Queries on 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.
862. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise residency-eligibility for consideration for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [34316/13]
Amharc ar fhreagraThe person concerned, and her two dependent children, were granted permission to remain in August 2007 for an initial three-year period, valid to 14 August 2010. This permission was renewed for a further three-year period in August 2010, valid to 14 August 2013 in each case. In the decision letters issued to the persons concerned, dated 4 August 2010, they were advised of the conditions attaching to their permission to remain and of the requirement that they attend at their local Immigration Registration Office to have the registration process completed. At the point of such registration, a valid passport, or equivalent document, must be produced as evidence of identity and nationality. It would appear that the daughter of the person concerned was not in a position to produce a valid passport and, as a result, she was not registered. She was, I understand, requested to return to the Registration Officer with a valid passport. Given that she has not yet completed the registration process, it is recommended that the daughter of the person concerned should attend at her local Immigration Registration Office as soon as possible, with a valid in-date passport, so that the registration process can be completed. I am advised that a valid application for a Certificate of Naturalisation was received from the person concerned in November 2012. This application is at an advanced stage of processing and the person concerned will be informed of the decision made in her case in due course. There is no record of an application for a Certificate of Naturalisation having been received from the daughter of the person concerned. Queries on 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.
863. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 225 of 30 May 2013, if he will clarify if further application for naturalisation has been made on their behalf; and if he will make a statement on the matter. [34318/13]
Amharc ar fhreagraFurther to Parliamentary Question No. 225 of 30 May 2013, I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that no new application for a certificate of naturalisation has been received from the person referred to by the Deputy. It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Queries on 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.
864. Deputy Clare Daly asked the Minister for Justice and Equality the steps open to a person who has concerns based on an examination of judgments that a member of the Judiciary is consistently awarding lenient sentences in sexual assault cases; and if he will explain the way that judge can be called to account for their actions. [34374/13]
Amharc ar fhreagraAs the Deputy may be aware, the courts are independent in the matter of sentencing as in other matters regarding the exercise of their judicial functions. A presiding judge is responsible for the administration of his or her court. The decision reached in any case and the factors taken into account in determining a case are matters for the presiding judge who is subject only to the Constitution and the law. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard lies in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient. The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. ISIS is being developed as a valuable tool not only for members of the Judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families. The Judiciary, through the Judicial Research Office, is undertaking the detailed work of gathering and providing information via the website. This includes an analysis of sentencing in rape cases published in January last. The Deputy may also be aware that I have established a Penal Policy Review Group to carry out a review of all aspects of penal policy which I expect to report to me in the autumn. In addition, the Law Reform Commission has recently published a report on Mandatory Sentencing. The recommendations contained in the report will be fully considered in my Department together with the report of the Penal Policy Review Group when it has been finalised.
865. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34375/13]
Amharc ar fhreagra866. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34376/13]
Amharc ar fhreagra867. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34377/13]
Amharc ar fhreagra868. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34378/13]
Amharc ar fhreagra869. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34379/13]
Amharc ar fhreagra870. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34380/13]
Amharc ar fhreagra871. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34381/13]
Amharc ar fhreagra872. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34382/13]
Amharc ar fhreagra873. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide a report on the Garda resources for an area (details supplied) in north Dublin; and if he will make a statement on the matter. [34383/13]
Amharc ar fhreagraI propose to take Questions Nos. 865 to 873, inclusive, together.
The Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation. I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided for the public. I have been informed by the Garda Commissioner that the areas referred to by the Deputy are policed from Raheny, Howth and Clontarf Garda Stations, all of which are in the Raheny Garda District. The personnel strength of each of these Garda Stations, broken down by rank on 31 May 2013, the latest date for which figures are readily available, is set out in the following table:
|
Rank |
Raheny |
Howth |
Clontarf |
|
Superintendent |
1 |
0 |
0 |
|
Inspector |
2 |
1 |
1 |
|
Sergeant |
9 |
5 |
6 |
|
Garda |
52 |
34 |
64 |
|
Reserve Garda |
5 |
4 |
2 |
|
Civilian staff |
6 |
1 |
1 |
Divisional resources are further augmented, where necessary, by a number of Garda National Units such as the Garda National Drugs Unit, the National Bureau of Criminal Investigation, the Criminal Assets Bureau and other specialised units. Local Garda Management closely monitors the deployment of resources, patrols and operational strategies in place for the areas concerned, in conjunction with crime trends and policing needs of the communities to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. The situation is kept under review and paramount consideration is given to the needs of residents. Garda Management is satisfied that a full and comprehensive policing service is being delivered to these communities and that the structures in place meet the requirements of the delivery of an effective and efficient policing service.
