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Wednesday, 9 Apr 2014

Written Answers Nos. 133-138

Immigration Policy

Ceisteanna (133)

Terence Flanagan

Ceist:

133. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding immigration; and if he will make a statement on the matter. [16945/14]

Amharc ar fhreagra

Freagraí scríofa

While I am unaware of the specific views expressed in the correspondence referred to by the Deputy I am happy to set out for the Deputy the broad range of measures in place in the State and the steps I have and am taking to further enhance our immigration controls to combat abuses of the system. Can I say at the outset that the overwhelming majority of migrants in Ireland are here lawfully and do not in any way engage in abuses of the immigration system. They range across a broad spectrum including those coming here to work having been granted work permits by the Department of Jobs, Enterprise and Innovation, students and those coming for business reasons, etc. Indeed, I have introduced a series of measures of encourage inward investment and job creation from non-EEA nationals by the introduction of the Entrepreneur and Investor schemes and by promoting increased tourism numbers through the Visa Waiver programme, leading to the roll-out in the Autumn of reciprocal arrangements for short-term visa holders so that they can move freely within the Common Travel Area.

That said, all modern States must operate appropriate controls on immigration and in this regard Ireland is no different than its fellow EU Member States. This includes a range of measures including border controls with specific checks at ports of entry and determinations on the making of Deportation / Removal Orders. In this regard over 2,200 persons were deported/removed from the State in 2013 including almost 1,900 persons who were refused entry into the State at ports of entry and were returned to the place from where they had come. In addition, 210 failed asylum seekers and illegal migrants were deported from the State in 2013 with a further 63 EU nationals returned to their countries of origin on foot of an EU Removal Order. A total of 84 asylum seekers were also transferred to the EU member state in which they first applied for asylum under the Dublin Regulation.

Specifically, the Irish Naturalisation and Immigration Service works very closely with their UK counterparts on maintaining the integrity of the Common Travel Area to ensure that it is not abused. This is achieved in a number of ways including sharing of information and data and close day to day cooperation. In addition, the Garda National Immigration Bureau carry out operations at ports of entry and on the border with Northern Ireland to detect such abuses. Since assuming office as Minister for Justice and Equality, I have introduced specific legislative measures to address potential immigration abuses such as the Criminal Law (Human Trafficking)(Amendment) Act 2013 which strengthens Ireland's anti-human trafficking provisions in line with recent European initiatives. In addition, Part II of the Civil Law (Miscellaneous Provisions) Act 2011 strengthens the powers of Immigration Officers to require production of identity documents by foreign nationals entering and residing in the State. Further measures to underpin the integrity of the immigration system will be provided for in the Immigration, Residence and Protection Bill, which I intend to republish later this year. In addition, from January this year I introduced a policy document for family re-unification which sets out the framework of rules for persons from abroad who wish to join family members already in the State.

When dealing with illegal immigrant cases clearly they are not all the same and must be dealt with on a case by case basis taking account of their individual circumstances. At one end of the scale are those where the person's illegal status is through no fault of their own and my Department continues to deal with cases of this nature on an ongoing basis. However there are also much more egregious instances of immigration abuse, often at considerable expense to the State and it does not follow that such persons should profit from their conduct.

Garda Retirements

Ceisteanna (134)

Michael Healy-Rae

Ceist:

134. Deputy Michael Healy-Rae asked the Minister for Justice and Equality further to Parliamentary Question No. 410 of 1 April 2014 in which he stated that the previous Garda Commissioner was also granted an extension to his term, is it the case that the previous Garda Commissioner had to go through the courts to get his extension; and if he will make a statement on the matter. [16964/14]

Amharc ar fhreagra

Freagraí scríofa

There was no legal action or threat of legal action in relation to the extension of the term of office of former Commissioner Fachtna Murphy. The previous Government appointed Mr Murphy as Commissioner of An Garda Síochána for a period of two years with effect from 21 November 2007. This term of office was extended in February 2009 to the end of 2010.

Closed Circuit Television Systems

Ceisteanna (135)

Jonathan O'Brien

Ceist:

135. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if his attention has been drawn to the installation of brand new CCTV equipment along the new road at a location (details supplied) in County Cork; the cost of installation of this CCTV monitoring equipment; the projected cost of operating the CCTV system; the funding stream used for the CCTV; the reason this area was prioritised over other, busier and more densely populated parts of the city; the details of the public consultation or planning processes either the gardaí or Cork City Council engaged in prior to its installation; if Cork City Council or the gardaí received representations, advocating the installation of this CCTV system and by whom; if there is audio monitoring in addition to the visual monitoring and details of the technical capacity of the equipment installed; the person monitoring the CCTV and the method used for being vetted for this purpose; the length of time this information will be retained; and if the information is securely stored. [16971/14]

Amharc ar fhreagra

Freagraí scríofa

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Closed Circuit Television Systems

Ceisteanna (136, 137)

Jonathan O'Brien

Ceist:

136. Deputy Jonathan O'Brien asked the Minister for Justice and Equality what best practice guidelines for the installation and operation of CCTV are used by the Garda and his Department. [16972/14]

Amharc ar fhreagra

Jonathan O'Brien

Ceist:

137. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if he is concerned at the use of CCTV and racial profiling by the Garda in view of the recent controversy regarding entering Traveller children in the Garda PULSE system. [16973/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 136 and 137 together.

CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct categories: community-based CCTV systems and Garda CCTV systems. Garda CCTV systems are planned and implemented on the basis of the Garda Commissioner's identified operational needs and priorities. The operation of these systems is governed by section 38 of the Garda Síochána Act, 2005 which provides a legislative basis for the operation of closed circuit television in public places. There are specific Garda requirements in relation to the management of the relevant CCTV material which are supervised and audited by the Data Protection Commissioner.

The operation of the Community-based CCTV Schemes, which are established in accordance with section 38(3)(c) of the Garda Síochána Act, 2005, are governed by the code of practice for Community based CCTV schemes. This Code of Practice is available on the Department of Justice and Equality website: www.justice.ie. The management of the PULSE system is an operational matter for the Garda Commissioner. I am informed by the Commissioner that PULSE does not solely capture information on offenders, but is also used to store information on Garda interactions with individuals, whether adults or children, such as victims of crime and persons injured in road traffic accidents. All persons are subject to the same PULSE recording policy and procedures. The Gardaí have assured me they do not engage in discriminatory ethnic profiling.

I am, however, considering this issue more generally in the context of the report which I have received from the Ombudsman for Children, Emily Logan, into the circumstances surrounding the taking into care of children of two Roma families.

Courts Service

Ceisteanna (138)

Jonathan O'Brien

Ceist:

138. Deputy Jonathan O'Brien asked the Minister for Justice and Equality his plans to introduce community courts in Cork. [17011/14]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that I have recently undertaken to consider the issue of Community Courts in Ireland. I envisage an initial project operating on a pilot basis where stakeholders will engage in partnership, in conjunction with the local business community. It will be important to learn from international experience, and I have asked for preparations to be made for a pilot in the Dublin city centre area to evaluate how the Community Court model will work in the Irish context. There are no plans to introduce Community Courts more widely pending the establishment and evaluation of the pilot.

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