Written Answers Nos. 316-331
316. Deputy Willie Penrose asked the Minister for Defence if he will assist the local ONE branch to relocate the cross of remembrance situated outside Columb Barracks, Mullingar, County Westmeath, to an alternative location, in particular in the context of the small amount of finance required; and if he will make a statement on the matter. [40315/14]
Amharc ar fhreagraThe memorial in question is outside the boundary of the former barracks in Mullingar. My Department has heretofore not been made aware of the local ONE Branch’s wishes to relocate the memorial or any associated costs – likewise we are not aware of any interaction with Westmeath County Council. My Department therefore is not able to give a commitment to this proposal at this time.
317. Deputy Éamon Ó Cuív asked the Minister for Defence his plans to accede to the request to provide a bugler at the graveside of a veteran of the Army who served during the Emergency (details supplied) in view of the importance of Army service at that critical juncture of our country’s history and the small number of veterans alive that served in the Army at that time; and if he will make a statement on the matter. [40318/14]
Amharc ar fhreagraMilitary participation in the funerals of former members of the Defence Forces are governed by Defence Force Regulations and in accordance with relevant Administrative Instructions issued by the Deputy Chief of Staff (Support). These Regulations and Instructions set out the policy in relation to the support that can be provided. They allow for military participation in such funerals provided, amongst other requirements, the deceased had a minimum of twenty years service. It should be noted that participation at funerals for former personnel below the rank of Major-General does not include any form of musical support. In relation to this particular request, my Department has already informed a member of the family of the deceased, who I understand served in the Defence Forces for a period of six years, that in these circumstances her request that a Defence Forces bugler would perform at the funeral cannot be acceded to. There are no plans to change this long-standing policy.
318. Deputy Dara Calleary asked the Minister for Defence if he will provide in tabular form, the number of civil servants in his Department who have designated a County Mayo venue as their preference for a transfer; the numbers who have moved to the county in each year since 2011; and if he will make a statement on the matter. [40895/14]
Amharc ar fhreagraNo staff from my Department transferred to Mayo in the period since 2011. My Department is aware of one staff member who expressed an interest in transferring to Mayo during this timeframe. Staff wishing to transfer to a location designated under the Government’s Decentralisation Programme are required to register their interest on the Central Applications Facility (CAF) which is administered by the Public Appointments Service. My Department has no access to this information and will only be notified of a transfer request when an officer is being considered for a transfer to their selected location.
319. Deputy Brendan Smith asked the Minister for Justice and Equality the reason the Istanbul Convention has not yet been signed or ratified by the Government; and if she will make a statement on the matter. [40027/14]
Amharc ar fhreagraI am in favour of signing and ratifying the Convention on the prevention and combatting of violence against women and domestic violence as soon as possible.
However, prior to ratifying any international convention we must be certain that we can implement all the requirements of convention. My officials have identified a number of areas where legislative and administrative changes will be required and work is proceeding in my Department to address these matters. I have also written to a number of government departments and agencies to obtain their views in identifying the possible legislative and administrative issues and the solutions necessary to be put in place by them in order for Ireland to ratify the convention.
The legislation under development in my Department includes the Government commitment to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims, and the legislation necessary to transpose the EU Victims Directive.
320. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality her plans to consider extending the parental leave from employment in respect of children above the age of eight years old; and if she will make a statement on the matter. [40299/14]
Amharc ar fhreagraI have no plans to extend parental leave from employment in respect of children generally above the age of 8. As the Deputy will be aware, the age limit in the case of a child suffering from long-term illness or disability is 16 years.
321. Deputy Jim Daly asked the Minister for Justice and Equality the position regarding an application for an Irish passport in respect of a non-national person (details supplied) in County Cork; and if she will make a statement on the matter. [39885/14]
Amharc ar fhreagraThe laws governing entitlement to Irish citizenship are specified in the Irish Nationality and Citizenship Act 1956, as amended. Where a person is not born in the island of Ireland, they may have an entitlement to Irish citizenship if they are of Irish descent and certain requirements are satisfied. Persons with an entitlement to Irish citizenship can make an application for an Irish passport to the Passport Office or, if abroad, to their nearest Diplomatic and Consular Mission.
Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her 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 or be a minor born in the State
- 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.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. 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; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
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.
It is not possible to consider an application from or on behalf of a person born outside the State in advance of him or her meeting the Statutory requirement of being of full age, unless he or she is of Irish descent or Irish associations or unless the application is made by a naturalised Irish citizen on behalf of his or her minor child. A person is of Irish associations if, inter alia, he or she is related by blood, affinity or adoption to a person who is an Irish citizen or entitled to be an Irish citizen.
The Deputy may wish to note that 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 established specifically 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.
322. Deputy Brian Stanley asked the Minister for Justice and Equality the number of gardaí deployed in County Laois; and her plans to increase this number. [40000/14]
Amharc ar fhreagra323. Deputy Brian Stanley asked the Minister for Justice and Equality if she will increase the number of gardaí based in Mountrath station, County Laois, from the current level of two. [40001/14]
Amharc ar fhreagraI propose to take Questions Nos. 322 and 323 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of all resources, including 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.
Specifically in relation to the Laois/Offaly Division, as of 31 August 2014 there were 281 Gardaí assigned to the Division, of which 3 Gardaí are assigned to Mountrath Garda station. The District is also supported by 27 Garda Reserves, and 22 civilians. A full breakdown of the Division is set out in the table overleaf. These resources are augmented, when appropriate, by Gardaí from national units such as the Garda National Drug Unit and the National Bureau of Criminal Investigation.
Garda Management will continue to appraise the policing and administrative strategy employed in the Laois/Offaly Division with a view to ensuring an effective Garda service is maintained and when additional resources next become available the needs of the Division will be fully considered within the overall context of the needs of Garda Divisions throughout the country.
31 August 2014
|
Station |
Garda |
Reserve |
Civilians |
|
Banagher |
5 |
1 |
|
|
Birr |
27 |
3 |
4 |
|
Cloghan |
1 |
||
|
Ferbane |
5 |
||
|
Kilcormac |
2 |
||
|
Kinnitty |
1 |
||
|
Abbeyleix |
19 |
1 |
|
|
Arles |
2 |
||
|
Ballylinan |
2 |
||
|
Borris-in-Ossory |
1 |
||
|
Clonaslee |
1 |
||
|
Durrow |
1 |
||
|
Mountmellick |
6 |
||
|
Mountrath |
3 |
||
|
Portarlington |
12 |
1 |
|
|
Portlaoise |
101 |
9 |
10 |
|
Rathdowney |
3 |
||
|
Stradbally |
2 |
||
|
Clara |
4 |
||
|
Daingean |
2 |
||
|
Edenderry |
14 |
1 |
|
|
Rhode |
1 |
||
|
Tullamore |
66 |
15 |
4 |
324. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of referrals made by the probation service to alcohol and drugs addiction services in 2013 and to date in 2014; and the number of persons engaging with the probation service during this period who also participated in detoxification residential programmes. [40015/14]
Amharc ar fhreagraThe Probation Service engages with the client and appropriate drug treatment providers to ensure that an offender with an addiction problem has access to support appropriate to their level and type of addiction. Referral and access to addiction services is made in a number of ways through addiction workers, self referral, family members, GPs, drop-in centres, and needle exchange and community support groups.
Unfortunately, information on the number of clients attending addiction services in the community, residential treatment centres, and the various referral and entry pathways used is not readily available. The compilation of these statistics would require a disproportionate and inordinate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources.
However, the Deputy may be interested in two Drugs and Alcohol surveys undertaken by the Probation Service in recent years to ascertain the number of offenders on probation supervision who misused drugs and/or alcohol.
The first survey, published in May 2012, on adult offenders on probation supervision covered almost 3,000 offenders. It found that 89% of the adult offender population had misused drugs or alcohol at some time either currently or in the past. Of the 2,471 offenders that had abused drugs or alcohol, 1,556 (63%) had attended or were attending drug or alcohol treatment.
The second survey, published in October 2013, on young offenders on probation supervision covered over 700 offenders. It found that 87% of the young offender population (under 21 years old) had misused drugs or alcohol at some time either currently or in the past. Of the 628 offenders that had abused drugs or alcohol, 334 (53%) had attended or were attending drug or alcohol treatment. Both surveys are available on www.probation.ie
Finally, the Deputy may recall that I commented when publishing the Parole Board's Annual Report in September on how struck I was by the statistics which highlight how drink and drugs influence criminal offending. I am determined to work with the Agencies under my remit to address the issues involved. It is my intention that a review of alcohol and drugs services for offenders will be undertaken as soon as possible.
325. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of persons prosecuted for the offence of forging a prescription in the years 2012, 2013 and to date in 2014. [40016/14]
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 the available statistics directly to the Deputy.
326. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on the amount of methadone seized by members of An Garda Síochána in the years 2012, 2013 and to date in 2014; and the value of the seizures for each of those years. [40018/14]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter raised and will be in further contact with the Deputy when that report is to hand.
327. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding anti-social activities especially during Hallowe'en and bonfire periods of the year (details supplied); and if she will make a statement on the matter. [40025/14]
Amharc ar fhreagraI am informed by the Garda authorities that a policing plan for the Halloween period has been drawn up for the Dublin Metropolitan Region (DMR). The plan is designed to address all aspects of policing associated with the period, including the prevention and detection of the sale of fireworks and combatting anti-social behaviour.
I have brought the specific concerns referred to by the Deputy to the attention of the Garda authorities and am advised that policing plans will be in place throughout the DMR in advance of and on Halloween night to address issues concerning anti-social behaviour that may arise. These plans include the deployment of a Public Order Unit on a regional basis to augment local policing plans. Gardaí have also developed a partnership approach with the community and other agencies towards policing during the Halloween period and liaison will be maintained with local authorities to ensure the removal of bonfire material. Liaison is also maintained with Dublin Fire Brigade in the run up to Halloween and on Halloween night itself.
Current policing policy in the region is predicated on the prevention of public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents of the area. An Garda Síochána engages extensively at a local level with community and residents groups to address crime and anti-social behaviour concerns, including of the type referred to specifically by the Deputy.
328. Deputy Catherine Murphy asked the Minister for Justice and Equality the current waiting times for the processing of spouse reunification visas by INIS; and if she will make a statement on the matter. [40077/14]
Amharc ar fhreagraIn accordance with the Irish Naturalisation and Immigration Service's (INIS) Policy Document on Non-EEA Family Reunification, the processing of visa applications for spouses and family members of a sponsor who is an Irish citizen are dealt with within 6 months of receipt of the required documentation. Similarly, if the sponsor is a person who is entitled to apply for immediate family reunification, an application is to be decided within the same timeframe. For all other sponsors, a decision can be expected within 12 months of receipt of the application and required documentation.
These business targets reflect the detailed assessment that is required to be carried out in relation to applications for family reunification. However processing times can vary throughout the year due to the number of applications received, the resources available to process them and seasonal demands for other types of visa.
329. Deputy Eoghan Murphy asked the Minister for Justice and Equality if any Irish State or Government agencies have direct access to the networks of telecommunications companies. [40097/14]
Amharc ar fhreagra330. Deputy Eoghan Murphy asked the Minister for Justice and Equality her plans to introduce new legislation to protect the privacy of telecommunications and to ensure that Government and State agencies are only given access to such data on foot of a High Court warrant. [40098/14]
Amharc ar fhreagra331. Deputy Eoghan Murphy asked the Minister for Justice and Equality the number of court orders obtained each year in the past three years to directly access the calls and e-mails of citizens. [40099/14]
Amharc ar fhreagraI propose to take Questions Nos. 329 to 331, inclusive, together.
For the sake of clarity I will set out the current legal framework for lawful interception in Ireland.
The lawful interception of telecommunications and post is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993. Sections 4 and 5 of the 1993 Act provide that only the Minister for Justice and Equality may grant ‘authorisations’ to intercept and then only for the purposes of the investigation of serious crime (Section 4) (i.e. crime punishable by a sentence of five years imprisonment or more) or in the interests of the security of the State (Section 5).
Both the Garda Commissioner and the Chief of Staff of the Defence Forces are entitled to make applications for authorisations to intercept. The Garda Commissioner may make applications under Section 4 or Section 5. However, the Chief of Staff may make applications only under Section 5. Furthermore, an application from the Chief Of Staff must be submitted in the first instance to the Minister for Defence who shall forward it to the Minister for Justice and Equality accompanied by a recommendation in writing supporting the application.
The 2011 Communications (Retention of Data) Act provides for access to retained data such as traffic data, location data and subscriber data. It does not include the content of calls or texts etc. The Act sets out the agencies which are entitled to request access to this data and the circumstances in which such requests can be made. The relevant agencies are An Garda Síochána, the Revenue Commissioners, the Defence Forces and the Garda Síochána Ombudsman Commission (GSOC). Access to such data is only permitted in specific circumstances. These circumstances are in the case of An Garda Síochána, the prevention, investigation, detection or prosecution of a serious offence, the security of the State and the saving of human life. In the case of the Defence Forces, the security of the State and in the case of the Revenue Commissioners, the investigation and prevention of certain revenue offences. In the case of GSOC, it would relate to the investigation of criminal offences which come within their particular remit.
The operation of the legislation is subject to independent judicial oversight by virtue of the appointment of a Designated Judge. The Designated Judge, a judge of the High Court, must make a report to the Taoiseach on his or her findings on at least a twelve month basis. The report is laid before the Houses of the Oireachtas. The Acts also provide for the appointment of a complaints referee, currently a Judge of the Circuit Court. A person who believes their data has been accessed under the Acts may make a complaint to the Referee.
It will be seen therefore that there is no question of any direct access to telecommunications networks by agencies of the State. That would not be in accordance with the comprehensive legislation in place in this jurisdiction for dealing with such matters. It should also be clear that the courts do not authorise interception or access to retained data under that legislation. Of course the courts may themselves on occasion make orders for the disclosure of material such as retained data in the course of their deliberations in civil or criminal cases. However this function does not come within the remit of the Minister for Justice and Equality.
