Written Answers Nos 144-151
144. Deputy Derek Nolan asked the Minister for Justice and Equality the number of people who have been prosecuted, pursuant to the offence of section 19D of the Criminal Justice (Public Order) Act 1994, as inserted by the Housing Miscellaneous Provisions Act 2002, in the years 2010 to 2013, inclusive; and if he will make a statement on the matter. [12248/14]
Amharc ar fhreagraThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.
145. Deputy Derek Nolan asked the Minister for Justice and Equality the number of cases of removals and-or confiscation of caravans under legislation that have taken place by Garda and-or local authorities in the period from 2010 to 2013; and if he will make a statement on the matter. [12250/14]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
146. Deputy Olivia Mitchell asked the Minister for Justice and Equality if there have been improvements in the waiting time for asylum processing for applicants in direct provision; and if he will make a statement on the matter. [12273/14]
Amharc ar fhreagraThe median processing time to a final decision on an asylum application in 2013 was 36 weeks. Some cases can take significantly longer to complete due to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and other relevant statutory provisions. High quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.
Persons who are refused refugee status are notified of their entitlement to apply for subsidiary protection. This is separate to the asylum or refugee status determination process. This is invariably followed by the so-called leave to remain process. Each of these processes which determine whether an applicant can remain in the State are hugely complex and subject to oversight by the courts and have to be examined in accordance with a large body of Irish and international law. There are no shortcuts as the outcomes can lead to the most fundamental life-changing event for the applicants.
As the Deputy may be aware I made new Regulations last year governing the investigation and determination of applications for subsidiary protection in the State. The European Union (Subsidiary Protection) Regulations 2013, which came into effect on 14 November 2013, were made to address certain matters which arose from the judgment of the High Court in January 2013 in the MM case. Under the new Regulations, responsibility for the processing of applications for subsidiary protection was transferred from my Department to the Office of the Refugee Applications Commissioner with appeals to be dealt with by the Refugee Appeals Tribunal. Both of these bodies are independent in the exercise of their statutory functions and they have substantial experience in the area of asylum investigations and appeals, respectively. Once the new arrangements have bedded down, my aim is for applications currently on hand to be processed to finality by the statutory bodies concerned in the shortest possible timeframe consistent with quality and fair assessment of all cases and of course, subject to the cooperation of applicants and no further legal impediments arising.
Legislative reform in the area of protection remains a key priority. Work on a new Immigration, Residence and Protection Bill, which remains part of the Government's Legislative Programme, is being advanced to enable publication later this year. The Bill will provide, inter alia, for the introduction of a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State. This re-organisation of the protection application processing framework should substantially simplify and streamline the existing arrangements by removing the current multi-layered and sequential processes and provide applicants with a final decision on their application in a more ‘straight forward’ and timely fashion.
The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application.
The operation of the Direct Provision system is kept under review and I have consistently acknowledged that the length of time that residents spend in Direct Provision is an issue to be addressed. I have no desire for applicants to remain in the protection system any longer than the minimum period it takes to process their case. The Direct Provision system is not ideal but it is a system which facilitates the State in providing a roof over the head of those seeking asylum or seeking to be allowed, on humanitarian grounds, to stay in the State. It allows the State to do it in a manner that facilitates resources being used economically in circumstances where the State is under financial difficulty.
The numbers of asylum seekers residing in direct provision has reduced significantly over the last five years. At the end of December, 2013 there were 4,360 residents in direct provision compared with 6,494 at the end of December, 2009. This represents a reduction of 2,134, or 33%, in the number of residents in direct provision in that period. Compared to the numbers residing in direct provision at its highest point in April, 2005 (8,080), there has been a reduction of 46% or 3, 720 persons in the intervening nine years.
A comprehensive review of the operation of the asylum seeker accommodation programme was carried out and the subsequent report - "Value for Money and Policy Review - Asylum Seeker Accommodation Programme" - which was published in May 2010, found that there are no cheaper alternatives to the Direct Provision system. No Government can afford to ignore the likely consequences of any change to the Direct Provision system. The system cannot exist solely in its own context. It is inextricably linked to the surrounding international protection process. By its very nature, the processing of applications for international protection is a solemn and complex task which does not always lend itself to achieving speedy outcomes. The time needed to determine the outcome of any legal proceedings also impacts on the length of the process. A substantial proportion of cases in the High Court relate to judicial review proceedings taken or decisions reached in the international protection arena.
147. Deputy Olivia Mitchell asked the Minister for Justice and Equality if he is satisfied that basic human rights are being observed in all centres for asylum seekers; and if he will make a statement on the matter. [12274/14]
Amharc ar fhreagraThe Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. At the end of 2013, RIA was accommodating 4,360 persons, a decrease of 481 residents (10%) over 2012. This was the 5th straight decline in a row. There has been an overall decline of 37% (2,642 persons) in the period end December 2008 to end December 2013 in the numbers being accommodated by RIA.
In order to meet its international obligations in the area of asylum, the Government has allocated significant resources over the years to our asylum determination structures, to reception arrangements and to the provision of services to asylum seekers. Ireland is not unique in this respect. I have outlined in previous responses to Dáil questions the origin and purpose of the direct provision system, by which the State discharges its obligations to provide for the basic requirements of asylum seekers. The system allows the State to ensure that a suitable standard of accommodation, food and ancillary services are provided to asylum seekers resident in the State. The system is based on the principle of mainstream service provision so that residents receive the health and education services as Irish citizens. Dispersal ensures that the pressure on health, welfare, education and other services is evenly distributed to allow an efficient management of resources in those areas.The policy of direct provision and dispersal is one of the central features of the State's asylum system and the need for the system remains.
I am satisfied that the human rights of asylum seekers are respected in the direct provision system. Asylum seekers receive nourishment on a par with, and in some cases superior to, that available to the general population. Asylum seekers receive a health service, including mental health services, on the same basis as Irish citizens and it is, in many cases, far superior to what is available in their countries of origin. Children of asylum seekers are provided with primary and secondary education in the local community on the same basis as the children of Irish citizens.
Over the years, the system has been open to scrutiny by many international bodies. Within the RIA system, there are policies and procedures to ensure that the rights of residents are respected and protected.
The House Rules set out the rights and obligations on residents and management and how each could engage in a complaints mechanism in the event that the other failed in their obligations. Generally, the thrust of the Rules is that problems are resolved quickly and ‘on the spot’ rather than resorting to written complaints. Residents can put their complaints in writing and, if unresolved, can be referred upwards to RIA. In certain cases, a first instance complaint can be made directly to RIA. RIA holds a minimum of three ‘one to one’ clinics every year in centres where residents can discuss issues directly with RIA staff without management being present. RIA has a Code of Practise for persons working in asylum accommodation centres.
RIA has an inspections process, involving three unannounced inspections of centres each year - two by internal RIA staff and one by an external inspection company. Inspections which have taken place from 1 October, 2013, are now being published on RIA's website - www.ria.gov.ie. RIA has a comprehensive Child Protection Policy. An updated, more 'user friendly' policy is being finalised and will be implemented later this year.
In the next few weeks it is expected that a Sexual harassment and Domestic Violence policy will be agreed between RIA and NGO’s such as AkidWa and Ruhama and the UNHCR. This policy will then be implemented and will involve a training programme for staff and residents.
Finally, NGO groups as well as many State service providers engage on a daily basis with residents in the direct provision system, all of whom would seek to ensure that residents' basic human rights continue to be respected.
148. Deputy Niall Collins asked the Minister for Justice and Equality the number of persons with more than 100 Irish court convictions and the number of those who are currently imprisoned here; the number of persons with more than 200 Irish court convictions and the number of those who are currently imprisoned here; the number of persons with more than 250 Irish court convictions and the number of those who are currently imprisoned here; and the number of persons with more than 300 Irish court convictions and the number of those who are currently imprisoned here. [12289/14]
Amharc ar fhreagraI wish to inform the Deputy that the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I am advised that the information sought by the Deputy is not available from the CSO.
In addition, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised me that court records are not maintained in a manner that would facilitate the provision of the specific information sought by the Deputy.
149. Deputy Noel Grealish asked the Minister for Justice and Equality the number of Garda patrol cars and the number of other Garda vehicles, including all active Garda vehicles, including vans, jeeps, minibuses and so on, in active service nationwide on 31 January 2011 and the number of Garda cars and other Garda vehicles in active service nationwide on 31 January 2014, excluding all cars that are temporarily out of service for any reason; and if he will make a statement on the matter. [12301/14]
Amharc ar fhreagraThe operation of the Garda fleet is undertaken by the Garda authorities and they have informed me that specific records are not maintained in relation to the number of Garda vehicles that are out of service on a particular date. For maintenance and other purposes vehicles are temporarily withdrawn from service on an ongoing basis throughout the country. The Garda authorities have provided details in respect of Garda transport on the dates mentioned by the Deputy and they are outlined in the following table:
|
- |
Patrol Cars/Vans |
Other vehicles |
Total |
|
31 January 2014 |
2054 |
336 |
2390 |
|
31 January 2011 |
2301 |
436 |
2737 |
The Deputy will be aware that I recently secured a further €9m for investment in the Garda fleet. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. These were in addition to the 133 new Garda vehicles which had already been procured during the year. The remaining €4 million has been made available for the purchase and fit-out of Garda vehicles in 2014. I am advised that the new vehicles are currently being allocated, following fit out, in accordance with the Commissioner's operational requirements.
The most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. 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 deliver an effective and efficient policing service.
150. Deputy Finian McGrath asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding the Stardust fire tragedy; and if he will make a statement on the matter. [12315/14]
Amharc ar fhreagraAs I have previously indicated, nothing I have seen in the extensive correspondence from the Stardust Victims Committee to date, including the considerable volume of correspondence circulated recently, would be grounds for my taking a different view to the conclusions set out in the Independent Examination by Mr. Paul Coffey. That is, in the absence of any identified evidence, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest.
151. Deputy John Halligan asked the Minister for Justice and Equality in the case of a person (details supplied), if he will confirm where an applicant for naturalisation holds a valid stamp 4, if the applicant may apply to have their stamp 4 permission amended to another basis prior to the expiry date of their current permission; and if he will make a statement on the matter. [12347/14]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State on 16 December, 2005 for an initial two-year period, under the revised arrangements applicable to the non-EEA national parents of Irish-born citizen children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed for a further three years in 2007. His permission was renewed again by the Garda National Immigration Bureau (GNIB), with the latest permission due to expire on 20 April 2016.
I am advised that a valid application for a certificate of naturalisation was received from the person concerned. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. The wife of the person concerned has a valid application for a certificate of naturalisation and she will be invited to attend the next citizenship ceremony at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive her certificate of naturalisation.
I would advise the person concerned to contact his local Immigration Officer when his wife becomes naturalised with a view to amending the basis of his permission to remain in the State.
Queries in relation to general immigration matters may be made directly to the Irish Naturalisation and Immigration Service (INIS) 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 from the INIS is, in the Deputy's view, inadequate or too long awaited.
