Written Answers Nos. 287 - 305
287. Deputy Patrick O'Donovan asked the Minister for Justice and Equality ,further to Parliamentary Question No. 118 of 25 September 2014, if she will provide the names of the 15 stations that reported instances of infestation in 2013 and the 11 stations which reported similar problems to date in 2014; and if she will make a statement on the matter. [37899/14]
Amharc ar fhreagraThe information requested will be provided directly to the Deputy.
288. Deputy Joe Carey asked the Minister for Justice and Equality her plans to amend the Personal Insolvency Act 2012 to reduce the automatic discharge from bankruptcy from three years to one year; and if she will make a statement on the matter. [37900/14]
Amharc ar fhreagraThe reform of the bankruptcy regime under the Personal Insolvency Act 2012, which reduced automatic discharge from bankruptcy from 12 years to 3 years, constituted a far-reaching and substantial reform of our bankruptcy law.
I can confirm that, at the moment, there is no intention to amend the law on the bankruptcy term; however, I will continue to keep the legislation under review.
289. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to make application for leave to remain in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [37901/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 20 April, 2007 and made an application for asylum on 26 June, 2007. The Refugee Applications Commissioner refused a declaration of refugee status by letter dated 30 August, 2007. This decision was subsequently upheld by the Refugee Appeals Tribunal and this was notified to the person concerned on 01 February, 2008.
On 12 March, 2008 the person concerned was issued with a letter with a proposal to deport under Section 3 of the Immigration Act, 1999. Under cover of letter dated 07 April, 2008 representations were received under Section 3 of the Immigration Act, 1999 and an application for Subsidiary Protection. On 18 April, 2011 the person concerned was informed that they were not eligible for Subsidiary Protection. A Deportation Order was signed on 15 July, 2011 and the person in question was informed of this decision by letter dated 28 July, 2011.
The person concerned instituted Judicial Review proceedings on 16 August, 2011 challenging the Subsidiary Protection refusal and the Deportation order and accordingly, as the matter is sub judice, I do not propose to comment further.
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.
290. Deputy Dara Calleary asked the Minister for Justice and Equality her plans to provide more powers to the Garda Reserve, particularly in respect of public order; and if she will make a statement on the matter. [37939/14]
Amharc ar fhreagraThe range of powers and duties of Reserve Gardaí is a matter for the Garda Commissioner to determine under section 15 (5) of the Garda Síochána Act 2005. The duties of a Garda reserve member include the following:
- Station duty, other than the care and custody of prisoners.
- Assistant to the station orderly.
- Communications room duty, to include monitoring CCTV.
- Foot patrol, accompanied by a member of the full-time Garda service.
- Static security duty.
- Road Traffic checkpoint duties, accompanied by a full time member.
- Duty at the outer cordon of major events such as festivals and major sporting events.
- Assisting in the event of accidents, fires and major emergencies.
- Giving evidence in court.
- Community / Neighbourhood Policing.
The Garda Commissioner has also determined that the powers of reserve members will be confined to the enforcement of certain legislation including aspects of the Road Traffic Acts and the Public Order Acts.
Reserve members also have the power of arrest under the Criminal Law Act 1997, which provides powers of arrest for both members of the Garda Síochána and civilians.
The Commissioner, following an internal review of the Reserve, decided to extend their powers to include powers under the Criminal Justice (Public Order) Acts 1994 to 2011, and Section 41 of the Road Traffic Act 1961 as amended, in relation to the seizure of vehicles and the power to issue Fixed Charge Penalty Notices (FCPN) and serve summons.
I am informed by the Commissioner that the training of all the Garda Reserve in the new powers will be completed shortly.
291. Deputy Dara Calleary asked the Minister for Justice and Equality if she is satisfied with the procedure used by the Public Appointments Service to recently fill the post of qualified instructor at the Garda equestrian centre in the Phoenix Park, Dublin 8; if the initial successful candidate failed to pass the Garda vetting test in view of the fact that the person had a criminal record; and if she will make a statement on the matter. [37940/14]
Amharc ar fhreagraI have requested the information sought by the Deputy from the Garda Commissioner and as soon as it is to hand I will pass it on to the Deputy.
292. Deputy Pearse Doherty asked the Minister for Justice and Equality the scheduled reductions in her Department's expenditure or that of agencies under her aegis in 2015 and the areas of spending these reductions scheduled to take place to show the amount of reductions by theme. [38018/14]
Amharc ar fhreagraI wish to advise the Deputy that budgetary discussions are still underway as part of the Estimates process. Full details will be published on budget day.
293. Deputy Willie O'Dea asked the Minister for Justice and Equality if she will provide the numbers of Garda personnel in the Limerick Garda division in 2011, 2012, 2013 and to date in 2014; and if she will make a statement on the matter. [38052/14]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have asked the Garda Commissioner for the information requested and will correspond directly with the Deputy as soon as it is to hand.
294. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on her meeting with an organisation (details supplied) in July; and her current position on the actions that could be taken to address the long-standing issues of concern raised by the organisation in its campaign for justice. [38069/14]
Amharc ar fhreagraMy meeting with representatives of the Stardust Victims Committee in July of this year provided an opportunity for me to hear their concerns first hand. At that meeting the Committee and their representatives set out, in some detail, their concerns in relation to the Inquiries into this matter that have been undertaken previously and some related financial issues that have arisen. Since that meeting I have exchanged correspondence with the Committee and their representatives and am now examining whether there is anything that the State can reasonably do to seek to assuage these concerns. I have indicated to the Committee that, while I am prepared to examine matters they wish to bring to my attention, I am anxious that no unrealistic expectations about what can be achieved are raised.
I wish also to inform the Deputy that allegations raised by the Stardust Committee in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Interim Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.
295. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding a deportation order in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [38091/14]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned arrived in the State on 15 October 2008 and made an application for asylum on 11 November 2008. The Refugee Applications Commissioner refused a declaration of refugee status by letter dated 02 February 2009. This decision was subsequently upheld by the Refugee Appeals Tribunal and this was notified to the person concerned on 13 May 2009.
On 27 May 2009 the person concerned was informed that it was proposed to make a Deportation Order in the case and the person concerned was invited to apply for Subsidiary Protection and to make representations under section 3 of the Immigration Act 1999. Having considered the Subsidiary Protection application and representations, subsidiary protection was refused and a Deportation order was signed on 17 January 2013. The person concerned was notified by letter dated 01 February 2013.
The person concerned instituted Judicial Review proceedings on 30 January 2013 challenging the refusal of Subsidiary Protection and on 09 March 2013 challenging the Deportation order made and accordingly, as the matter is sub judice, I do not propose to comment further.
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.
296. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if and when a person (details supplied) in County Louth will be able to apply for repatriation; and the timeframe for same. [38119/14]
Amharc ar fhreagraThe Council of Europe Convention on the Transfer of Sentenced Persons provides a procedural framework for such transfers and seeks to provide a simple and relatively expeditious mechanism whereby the repatriation of sentenced persons may take place.
The Convention sets out six conditions which must be fulfilled if a transfer is to be affected and these conditions are also set out in the Transfer of Sentenced Persons Acts, 1995 and 1997. It should be noted, however, that, even where all of the conditions are satisfied, there is no obligation on a State to comply with a transfer request. While the Convention does not require that the requested state give reasons for a refusal to agree to a transfer, the Irish legislation provides that, where practicable and where the interests of justice do not so preclude, a statement specifying the grounds for the refusal will be provided to the applicant or requesting state as appropriate.
I can inform the Deputy that the individual referred to is entitled to apply at any stage for a transfer to serve his sentence in this jurisdiction once he meets these conditions.
The conditions which must be met are that:
1) The offender seeking a transfer is regarded as a national of the State to which the transfer is sought (the administering State),
2) The order or judgement under which the sentenced person was sentenced is final,
3) There is, at the time of the receipt of the request for transfer, at least six months of the sentence remaining to be served,
4) The sentenced person consents to the transfer,
5) The act or omission constituting the offence would also constitute an offence in the administering State, and
6) Both States consent to the transfer.
Under the terms of the Convention, the two States involved in processing a transfer request are required to exchange information about the sentenced person in order to ensure that the conditions above are met. This process is necessary to ensure that all parties (the offender, the sentencing State and the administering State) are fully aware of the legal consequences of a transfer and that an informed decision can be made by all concerned.
Due to the complexity of the documentation required to affect a transfer between other States and Ireland, the process of information exchange can be time consuming therefore it is not possible to provide the Deputy with an indication of how long the process would take should the individual referred to submit an application for same.
Every effort is made to process each application as speedily as possible, once the three-way consent between the two States and the sentenced person is forthcoming.
297. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of applicants for Irish naturalisation approved for persons not currently resident here; and of these the number of same-sex couples. [38120/14]
Amharc ar fhreagraSection 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the I may, in my absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that I may, in my absolute discretion, waive some or all of the statutory conditions in certain circumstances e.g. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons; or where the application is made on behalf of the minor child of a naturalised Irish citizen.
Officials in the citizenship section of the Irish Naturalisation and Immigration Service prepare a comprehensive submission to me in respect of each application for naturalisation. This submission addresses any claims for the exercise of my discretion in areas such as Irish descent or Irish associations. I decide whether to grant naturalisation based on my evaluation of the merits of the entire case as presented to me. Statistics are therefore not compiled in such a manner as to provide the information sought by the Deputy.
298. Deputy Mattie McGrath asked the Minister for Justice and Equality the options available to a person to claim financial compensation following damage to property caused by gardaí in the execution of a search warrant on the person's property; and if she will make a statement on the matter. [38142/14]
Amharc ar fhreagraClaims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are delegated to and managed by the State Claims Agency. Each claim is considered separately depending on the particular facts of the case.
The general policy of the State Claims Agency, however, in relation to such claims is that where the Gardaí cause damage to property in conducting a search, any claim from the property owner in respect of that damage is contested provided the Gardaí were acting on foot of a valid search warrant. Search warrants authorise the Gardaí to use force to gain entry to a property if necessary and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to Court by property owners.
299. Deputy Niall Collins asked the Minister for Justice and Equality her views that a weighting should be placed on membership of the Garda Reserve in the process to recruit new members of An Garda Síochána; and if she will make a statement on the matter. [38149/14]
Amharc ar fhreagraThe Garda Síochána (Admissions and Appointments) Regulations 2013 provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member" shall be given to such candidates. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them, at assessments and at interview, the opportunity to highlight that experience and skill. It is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. It is not intended that any further weighting be placed on membership of the Garda Reserve at this stage.
300. Deputy Michael McGrath asked the Minister for Justice and Equality the amount of property, cash and other assets seized by the Criminal Assets Bureau in each year since its inception; and if she will make a statement on the matter. [38243/14]
Amharc ar fhreagraI understand the Deputy's question to refer to the number of seizures made by the Criminal Assets Bureau since its inception by reference to asset type.
This information is currently being collated and will be provided directly to the Deputy.
The money value of seizures made are set out in the Annual Reports of the Bureau which are made available on the websites of the Department of Justice and Equality (www.justice.ie) and An Garda Síochána (www.garda.ie).
301. Deputy Pat Breen asked the Minister for Children and Youth Affairs in view of the important role that an organisation (details supplied) in County Clare is playing in respect of persons and the communities in this area, if he will provide additional funding to maintain these services. [37682/14]
Amharc ar fhreagraThe Child and Family Agency provides funding to some 106 Family Resource Centres (FRCs) throughout the country, including the North West Clare Family Resource Centre.
Following the Government's Comprehensive Review of Expenditure in November 2011, the budget for the FRC Programme was of necessity, reduced by 5% each year, over the last three years. Funding to the North West Clare Family Resource Centre was reduced in line with this approach.
It is recognised that these budget reductions have proved difficult for many FRCs. The Child and Family Agency has made every effort to support FRCs in managing the impact over the last three years.
No decisions have been made with regard to the 2015 level of funding for Family Resource Centres. Such decisions will be taken when the overall financial determination for the Child and Family Agency for next year has been confirmed.
302. Deputy Michelle Mulherin asked the Minister for Children and Youth Affairs the number of Montessori schools with teachers qualified to level 5 which are paid the early childhood care and education capitation rate of €73 per child per week; and if he will make a statement on the matter. [37662/14]
Amharc ar fhreagra303. Deputy Michelle Mulherin asked the Minister for Children and Youth Affairs the number of Montessori schools with teachers qualified to level 6 which are paid the early childhood care and education capitation rate of €73 per child per week; and if he will make a statement on the matter. [37663/14]
Amharc ar fhreagraI propose to take Questions Nos. 302 and 303 together.
The Early Childhood Care and Education (ECCE) programme, which provides a free pre-school year for all children before they commence primary school, is implemented by my Department. Approximately 68,000 children avail of the programme each year.
It is currently a requirement of the programme that all the pre-school leaders in participating childcare services must hold, as a minimum, a qualification at Level 5 on the National Framework of Qualifications of Ireland (NFQ). A standard weekly capitation fee of €62.50 is paid for each eligible child participating in the ECCE programme in these services.
A higher capitation fee of €73 for each eligible child is payable to pre-school service providers where all the pre-school leaders delivering the ECCE programme hold a bachelor degree in childhood/early education (minimum of Level 7 on the National Framework for Qualifications (NFQ) or equivalent) and have 3 years experience working in the sector, and where all the pre-school assistants in the service hold a relevant major award in childcare/early education at level 5 on the NFQ or its equivalent.
The higher capitation rate is not payable to services where staff hold qualifications lower than Level 7.
Where any service provider applies for the higher capitation rate, the relevant qualifications are checked in my Department to confirm eligibility. The ratios and sessions operated within the service must also be checked to ensure that all the ECCE children in the service are benefiting from the higher qualified staff.
304. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs if decisions have been made as to the composition of the group, under Judge Yvonne Murphy, which will look into the mother and baby homes; if experts (details supplied) will be included; and if he will make a statement on the matter. [38101/14]
Amharc ar fhreagraThis Government is committed to establishing an effective Commission of Investigation which is capable of addressing these important matters in a sensitive and timely manner. Considerable progress has been achieved to date in this important task, including the publication of the Inter-Departmental Group’s Report and the announcement that Judge Yvonne Murphy will Chair this independent statutory investigation.
Discussions are on-going with the Attorney General and colleagues across Government on the terms of reference with a view to finalising our deliberations in early course. As part of this process Government will also decide upon the final composition of the Commission, which can be made up of one or more members.
Given the breadth and scale of the issues involved it is likely that support from persons with specific expertise in relevant fields will be required to assist or advise the Commission. The appointment of such persons will be a matter for the Commission itself in accordance with the provisions of the Section 8 of the Commission of Investigations Act 2004.
305. Deputy Thomas Pringle asked the Minister for Children and Youth Affairs when the 2013 report by the special rapporteur on child protection will be published; and if he will make a statement on the matter. [38141/14]
Amharc ar fhreagraEarlier this year, Dr. Geoffrey Shannon, Special Rapporteur on Child Protection, submitted his report in relation to 2013. Although the report is submitted to my Department, its recommendations are wide ranging and relate to a number of Departments and Agencies. As in previous years, the Report was also been circulated to all relevant Departments and Agencies for information. It is my intention that it will be laid before the Houses of the Oireachtas and published in the near future.
It is a matter for individual Departments to take the appropriate action on any recommendation relevant to its work. Where recommendations are proper to the DCYA they form part of the process of policy development and, if appropriate, inform the usual business planning processes.
