Written Answers Nos. 511-26
511. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in regularisation of status in the case of persons (details supplied) in Dublin 15; and if she will make a statement on the matter. [41371/14]
Amharc ar fhreagraAs I have advised the Deputy previously, in my Replies to his Parliamentary Questions dated 10th July, 2014 (PQ No. 158) and 18th September, 2014 (PQ No. 164), I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned were granted permission to remain in the State in August, 2007 for an initial three year period, valid to 14th August, 2010. This permission to remain was renewed for a further three year period in August, 2010, valid to 14th August, 2013 in all cases. These renewal decision letters were dated 4th August, 2010.
The renewal decision letters referred to advised the persons concerned of the requirement that they apply for further renewal of their permission to remain one month before their existing permission expired. Given that there is still no record of any such renewal applications having been lodged to date, it is recommended that the persons concerned would proceed to do so without further delay.
Queries in relation to the status of individual immigration cases may be made directly to the 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.
512. Deputy Joe Costello asked the Minister for Justice and Equality the reason the Garda personnel attached to Áras an Uachtarán are based at Cabra Garda station, Navan Road, Dublin 7; if she will provide replacement gardaí in Cabra for those working on Áras security; if she will consider using Reserve gardaí or members of the Defence Forces from the local McKee Barracks for Áras duty; and if she will make a statement on the matter. [41375/14]
Amharc ar fhreagraAs the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. In this regard, the Garda Commissioner is responsible for the distribution of all resources, including fully sworn members and Reserve Gardaí, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
Where necessary, the Garda Síochána are assisted in carrying out certain specific duties by members of the Defence Forces, in fulfilment of the role assigned to the Defence Forces to provide aid to the civil power. Outside of these areas of aid to the civil power, the distinction between the policing function of the Garda Síochána and the military function of the Defence Forces is an important one and I have no proposals for deployments along the lines referred to by the Deputy.
513. Deputy Joe Costello asked the Minister for Justice and Equality her plans to close the Cabra Garda station, Dublin 7; and if she will make a statement on the matter. [41376/14]
Amharc ar fhreagraThe formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of her annual policing plan, as provided for in section 22 of the Garda Síochána Act 2005.
In that context, I am advised by the Garda authorities that there are no plans to close Cabra Garda Station.
514. Deputy Niall Collins asked the Minister for Justice and Equality the status of the independent review panel of complaints against An Garda Síochána; the timeline for the completion of the review; the personnel currently on the review panel; the conflict of interest procedures on the panel; if the findings of the panel will be published; if a debate will be held on the report; and if she will make a statement on the matter. [41459/14]
Amharc ar fhreagra517. Deputy Niall Collins asked the Minister for Justice and Equality the timeframe for the completion of the independent review mechanism currently being conducted by the panel of barristers; the number of cases that have been completed to date; and if she will make a statement on the matter. [41519/14]
Amharc ar fhreagra519. Deputy Niall Collins asked the Minister for Justice and Equality the actions she will take to address cases similar to those currently being reviewed by the independent review mechanism when the review mechanism ceases to function; and if she will make a statement on the matter. [41521/14]
Amharc ar fhreagra533. Deputy Clare Daly asked the Minister for Justice and Equality the numbers of cases that have been reviewed by the review panel; if persons have been notified of the results; and the outcome or current status of their cases. [41946/14]
Amharc ar fhreagraI propose to take Questions Nos. 514, 517, 519 and 533 together.
The Deputies are referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel, and who were all selected on the basis of their experience of the criminal justice system, are:
Senior Counsel: Conor Devally, Paul Greene.
Junior Counsel: Paul Carroll, John Fitzgerald, Tony McGillicuddy, Siobhán Ni Chúlacháin, Karen O'Connor.
Appropriate steps have been taken to ensure that nothing arises which might in any way detract from the integrity of the review mechanism, including issues of conflict of interest. Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the conflicted counsel not only will not be involved in the particular complaint, but also will not be aware of which counsel is reviewing it. This is normal professional conduct and there are sufficient counsel on the Panel to ensure the practicality of this. Whatever steps are necessary will be taken to ensure there is no conflict of interest.
It was originally anticipated that the review would last some ten to twelve weeks. However, the availability of Counsel due to the operation of the Courts calendar together with the volume of complaints submitted means that this timeframe will be exceeded. As I already mentioned, it is important that nothing arises which might detract from the integrity of the review mechanism. It is therefore considered inappropriate to place a time constraint upon the working of the Panel, although they intend to conclude their work as soon is reasonably practicable.
I understand the panel have to date reviewed almost 140 cases and I expect recommendations to be submitted to me in due course. I will decide whether any further action is desirable and could practicably be taken in each case in light of the recommendations made by Counsel on the Panel, and each complainant will be notified accordingly. While it would not be appropriate to publish individual recommendations, I will consider how best information on the outcome of this process could be made public.
While the independent review mechanism was established as a temporary measure, it was envisaged that there might be a need to consider the case for a continuing capacity to review further cases which may arise in the future. I have no doubt that the contents of the recommendations received from the Panel will inform how we deal with such issues once the independent review mechanism has concluded its work.
The Deputies will be aware however that, as part of the Government's comprehensive programme of reform in the areas of policing and justice in the State, I am bringing forward new legislation to amend the Garda Síochána Act 2005 to strengthen the remit and powers of GSOC, which is the statutory independent body set up under the Act with oversight functions in relation to the Garda Síochána. One of the legislative changes is to broaden the scope for me as Minister to refer any matter that gives rise to a concern to GSOC for investigation, and I would envisage GSOC as the primary mechanism for the future examination of allegations of this nature.
515. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on investing in portable metal detectors for the Garda to use in helping to deal with knife crime; and if she will make a statement on the matter. [41496/14]
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.
516. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 154 of 30 January 2014, when a decision is expected to be made on an application in respect of a person (details supplied) by the Criminal Injuries Compensation Tribunal under the terms of the scheme of compensation for personal injuries criminally inflicted; the reason for the delay; and if she will make a statement on the matter. [41499/14]
Amharc ar fhreagraI can inform the Deputy that under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted that the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual applications that fall to be considered under the Scheme. However, in order to be of assistance in the matter I have had enquiries made with the Tribunal on the Deputy's behalf.
I understand that the application mentioned by the Deputy has been submitted to a Tribunal member for consideration. The Tribunal will notify the applicant directly as soon as the member has reached a decision.
518. Deputy Niall Collins asked the Minister for Justice and Equality the reason there has been a delay in the establishment of a commission of investigation following the Guerin report; and if she will make a statement on the matter. [41520/14]
Amharc ar fhreagraThe Government has committed to establishing a commission of investigation into matters arising from the report by Sean Guerin, SC, of 6 May to An Taoiseach. However, prior to finalising the terms of reference for the Commission, it was desirable to establish whether any additional cases might be identified for inclusion in this commission by the independent review by counsel of allegations of Garda misconduct. It is my intention to shortly bring proposals to Government on the terms of reference for the proposed commission of investigation.
520. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 661 of 17 September 2014, the number of people in the years 2011, 2012, 2013 and up to 12 September 2014 who were detected by An Garda Síochána contrary to section 3(1) of the Road Traffic Act 2006 and who paid the fixed charge notices within 56 days; the reasons for those detected who did not pay the fine within the 56 days and who were not summoned to court. [41529/14]
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.
521. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 324 of 21 October 2014, if she will elaborate on the nature of the review that she will be proposing in relation to the alcohol and drugs services for offenders; and her views on increasing resources for the probation service to carry out additional research on the needs of offenders engaging with the probation service who present with alcohol and drug addiction problems. [41533/14]
Amharc ar fhreagraI am determined to work with the Agencies under my remit to address the issues involved in the influence of alcohol and drugs on criminal offending behaviour. In this context, the Irish Prison Service and the Probation Service are working together on preparing a proposal for a review of alcohol and drugs services for offenders. As stated previously, it is my intention that any such review will be undertaken as soon as possible. Resourcing, should the need arise, will be decided when I have received and examined their proposal.
522. Deputy Ciara Conway asked the Minister for Justice and Equality her views on a matter (details supplied); if there is any measure present or pending to allow registered charities to waive their property registration fees; and if she will make a statement on the matter. [41562/14]
Amharc ar fhreagraI can advise the Deputy that fees payable on applications made to the Land Registry office of the Property Registration Authority are prescribed by the Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012). Fees payable to the Registry of Deeds office are prescribed by the Registry of Deeds (Fees) Order 2008 (S.I. No. 51 of 2008).
There are no proposals to waive property registration fees in respect of registered charities at this time.
523. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the procedure by which the Garda or local authorities can remove vehicles from public roads, or employ other agencies to do so on their behalf which are reportedly blocking the passage of wide loads, while otherwise being lawfully parked; if such permission exists in law; by whom it can be exercised; the protocols attached thereto; if there is a responsibility on the authorities to notify vehicle owners that their vehicle has been removed to an alternative location; the full procedure for a person seeking Garda or other authority to facilitate the movement of a wide load through a public road; and if she will make a statement on the matter. [41576/14]
Amharc ar fhreagraThe Deputy will appreciate that while I have no responsibility for interpretation of the law in relation to road traffic matters of the type described by him, or for the functions of local authorities in this regard, I have, to be of assistance, requested a report from the Garda authorities insofar as their remit is concerned and will contact the Deputy directly as soon as the report is to hand.
524. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if a meeting can be facilitated between a correspondent (details supplied) and officials in her Department. [41803/14]
Amharc ar fhreagraI have referred the correspondence supplied by the Deputy to the Garda authorities and asked that it be given appropriate consideration and attention.
I might add that other related correspondence from the person in question has been referred by my Department for consideration under the mechanism established for the independent review of certain allegations against An Garda Síochána. In the circumstances, I do not consider that a meeting of the kind suggested would be appropriate at this stage.
525. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when stamp 4 will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41834/14]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was registered in the State under Stamp 4 conditions, granted to them on the basis of their marriage to an Irish national, valid until 9 June 2014 which was renewable directly with their local immigration officer.
If there has been any change of circumstances preventing the renewal of their immigration permission, the person concerned should be advised to make an application to INIS outlining the circumstances preventing them from renewing their registration as set out in my previous reply to Parliamentary Question no. 201 of 12 June 2014.
Queries in relation to 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 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.
526. Deputy Clare Daly asked the Minister for Justice and Equality if she is satisfied that allegations of fraudulent documentation and impending Garda investigations were thoroughly investigated in advance of the granting of an EU family unification visa (details supplied). [41843/14]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has been issued with a residence card under the provisions of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the Directive) which is given effect in Ireland by the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the "Regulations"). The application by the person in question was considered in accordance with the regulations in force.
Any allegation relating to alleged unlawful behaviour are matters for An Garda Síochána. For the sake of completeness, I should indicate that as a general rule (unrelated to any specific case) immigration permission granted may subsequently be refused or not renewed should the circumstances so warrant that approach.
Queries in relation to 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 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.
