Anthony Lawlor
Ceist:292. Deputy Anthony Lawlor asked the Minister for Justice and Equality the reason the unit to train attack dogs is gone from Wheatfield prison; and if she will make a statement on the matter. [3422/15]
Amharc ar fhreagraPrison Security
Ceisteanna (292)
Freagraí scríofa
I wish to advise the Deputy that the Canine Unit remains in place at Wheatfield Prison and is fully staffed. Training of drug detection teams is ongoing with one course just completed and another course to be commenced in February. We envisage to have all training complete and to have passive teams fully operational by the end of May 2015.
Having assessed the position in relation to the use of and the need for conflict resolution dogs, the Irish Prison Service made a decision to remove these animals from service. This decision was based on animal welfare issues associated with this specific type of dog and also due to the fact that these dogs had not been deployed at any prison in the previous four years. The Irish Prison Service has highly trained Control & Restraint teams in place across the prison estate to deal with serious incidents. The use of conflict resolution dogs were deemed unnecessary and they were removed from duty.
Immigration Status
Ceisteanna (293)
Bernard Durkan
Ceist:293. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding long-term residency-eligibility to apply for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3428/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy, who currently has permission to reside in the State until 6 May, 2015.
The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter was issued to the solicitor of the person concerned on 16 September 2014 and a reminder issued on 22 January 2015 requesting certain information. Upon receipt of the requested information the case will be processed further and will be submitted to me for decision as expeditiously as possible.
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.
Immigration Status
Ceisteanna (294)
Bernard Durkan
Ceist:294. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in Dublin 2; and if she will make a statement on the matter. [3466/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) that following the refusal of their asylum application, the person concerned proceeded to lodge an application for subsidiary protection. This application was considered and refused with the formal refusal decision having been issued to the person concerned by letter dated 8th December, 2014.
The case file of the person concerned will next be considered in accordance with the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended). Any written representations submitted, together with all other information and documentation on file, will be fully considered in advance of final decision being made.
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.
Referendum Campaigns
Ceisteanna (295)
Niall Collins
Ceist:295. Deputy Niall Collins asked the Minister for Justice and Equality her plans to establish a referendum commission in view of the referendum on marriage equality provisionally proposed by the Government for May 2015; and if she will make a statement on the matter. [3489/15]
Amharc ar fhreagraFreagraí scríofa
I understand that the Minister for the Environment, Community and Local Government will establish a Referendum Commission this week in respect of the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015. Early establishment of the Referendum Commission will enable it to begin the preparatory work needed to carry out its function of preparing information on the referendum proposal and of publishing and distributing that information to voters.
Deportation Orders
Ceisteanna (296)
Bernard Durkan
Ceist:296. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review of a deportation order has been concluded in the case of a person (details supplied) in County Cork who has been in this jurisdiction since 2008; and if she will make a statement on the matter. [3492/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 29 July, 2011.
The person concerned initiated judicial review proceedings challenging the Deportation Order made in respect of him. Those proceedings were struck out in favour of the Department on 7 February, 2013 and accordingly, the Deportation Order stands.
Representations were received from the person concerned, asking that his Deportation Order be revoked. This application is under consideration at present. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
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.
Immigration Status
Ceisteanna (297)
Bernard Durkan
Ceist:297. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status and the procedure to be followed to regularise their family's residency position in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3495/15]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department to refer the Deputy to the replies to his previous Parliamentary Questions No. 133 of 4 December, 2014 and No. 126 of 11 December 2014 in which it was stated that the person concerned submitted a fresh application for residence in accordance with the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the "Regulations") on 17 September 2014.
This application is currently under consideration and a decision will be made on the application within the six month statutory time limit based on the documentation on file. It is noted that the person concerned was requested by letter dated 2 December 2014 to submit certain relevant information in support of the application but has failed to do so to date. As the Deputy was previously advised on 4 December, 2014 it is incumbent on applicants to co-operate with our request for information which is a key part of their application.
It is also noted that applications in respect of the dependant family members of the EU citizen and the person concerned were submitted to the EU Treaty Rights Unit of INIS for consideration under the Free Movement provisions on 5 January 2015. I am advised that officials in INIS requested additional documentation in support of their applications on 22 January 2015 and are awaiting a reply.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using Oireachtas Mail facility which has been specifically established for this purpose. The 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.
Garda Transport Provision
Ceisteanna (298)
Seán Kenny
Ceist:298. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to provide funding for the purchase of additional unmarked vans to An Garda Síochána; and if she will make a statement on the matter. [3504/15]
Amharc ar fhreagraFreagraí scríofa
Decisions in relation to the provision of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
In that context, the Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million was made available in 2014. This funding brings the total investment in the Garda fleet in 2014 to €11 million. The remaining €3 million is being made available for the purchase and fit out of additional Garda vehicles during 2015.
Garda Expenditure
Ceisteanna (299)
Seán Kenny
Ceist:299. Deputy Seán Kenny asked the Minister for Justice and Equality the amount spent on fuel for An Garda Síochána vehicles in 2013 and 2014; and if she will make a statement on the matter. [3505/15]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Garda authorities that the amount spent on fuel for Garda vehicles in 2013 was €10.71 million and €9.42 million in 2014.
Ministerial Meetings
Ceisteanna (300)
Finian McGrath
Ceist:300. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on a case (details supplied) and the proposed inquiry; and if she will make a statement on the matter. [3522/15]
Amharc ar fhreagraFreagraí scríofa
I met with family members of the victim in the case to which the Deputy refers and their legal representative to hear directly from them of their concerns surrounding the case and their call for an inquiry. The Deputy will be aware that this tragic case of murder was one which was inquired into previously by the late Judge Henry Barron. I am currently finalising a review of material which was provided to me subsequently by the family's legal representative and related material to do with this case. I anticipate that process will be concluded shortly and when it is concluded I will communicate directly with the family.
Proposed Legislation
Ceisteanna (301)
Terence Flanagan
Ceist:301. Deputy Terence Flanagan asked the Minister for Justice and Equality when she will publish the gambling control Bill; when the legislation is expected to be enacted; and if she will make a statement on the matter. [3524/15]
Amharc ar fhreagraFreagraí scríofa
The Government approved the General Scheme of the Gambling Control Bill in July 2013. A copy of the Scheme is available on my Department's website. The Scheme was referred to the Office of the Parliamentary Counsel in July 2013 for the purposes of drafting a Bill.
While it is my intention to proceed with this legislation at the earliest possible opportunity, it is not possible at this point to state when the Bill is likely to be published or enacted.
Firearms Seizures
Ceisteanna (302)
Niall Collins
Ceist:302. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide by year the number of handguns recovered by an Garda Síochána during the years 2004 to date in 2015 which had been used in the commission of a crime and which had previously been recorded on PULSE as a licensed firearm; and if she will make a statement on the matter. [3562/15]
Amharc ar fhreagraFreagraí scríofa
I have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy as soon as I have further information.
Legal Aid Service Reform
Ceisteanna (303)
James Bannon
Ceist:303. Deputy James Bannon asked the Minister for Justice and Equality her plans to reform the criminal justice system to include a complete overhaul of the legal aid system and to address the issue of repeat offenders; and if she will make a statement on the matter. [3601/15]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware the Criminal Legal Aid Scheme is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a Constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a Constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
I can inform the Deputy that a new Criminal Legal Aid Bill is currently being drafted to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Legislative provisions under consideration include provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, enable the Board to verify the means of applicants and to provide for prosecution of cases of abuse.
Haddington Road Agreement Implementation
Ceisteanna (304)
Michael Fitzmaurice
Ceist:304. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality further to Parliamentary Question No. 187 of 14 January 2015, the reasons specific to her Department the workforce de-layering has not yet been achieved within her Department, as it has in the Health Service Executive in line with section 3.11, workforce restructuring, of the Haddington Road agreement and section 4.2.1 - iii, develop options for workforce de-layering, start Q1 2014, end Q4 2014, of the action plan, appendix 1 of the Public Service Reform Plan 2014-2016; if she will initiate workforce de-layering with immediate effect; and if she will make a statement on the matter. [3619/15]
Amharc ar fhreagraFreagraí scríofa
The Minister for Public Expenditure and Reform has overarching responsibility for human resource management policy in the Civil Service and his Department is currently considering options for advancing the objective of grade restructuring as one of a number of actions to strengthen Human Resource Strategy and resourcing policies. Action 16 of the recent Civil Service Renewal Plan also provides for the redesign of organisational and grade structures in order to simplify them so that all roles and responsibilities are clear.
I refer the Deputy to the reply of my colleague the Minister for Public Expenditure and Reform on 14 January 2015 which indicated that implementation of this provision will take place during the term of the Renewal Plan and will be subject of discussions with Staff representatives. Commitments such as those referred to in the Deputy's question apply to the Civil Service as a whole and are implemented on a service-wide basis, rather than individually decided at the level of each individual Government Department and Office, and come, therefore, within the ambit of the Department of Public Expenditure and Reform. It has, however, been a particular priority for my Department to ensure that the human resources of the Department are used in an efficient and effective way to support the achievement of Government objectives.
Garda Data
Ceisteanna (305, 314)
Charlie McConalogue
Ceist:305. Deputy Charlie McConalogue asked the Minister for Justice and Equality the number of Gardaí currently assigned to the drugs unit in County Donegal; if she will provide a breakdown of the way these are assigned by district; and the number of Gardaí assigned to this unit in each of the past five years; and if she will make a statement on the matter. [3679/15]
Amharc ar fhreagraCharlie McConalogue
Ceist:314. Deputy Charlie McConalogue asked the Minister for Justice and Equality the number of Garda personnel in each Garda station in County Donegal for the years 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and to date in 2015. [3745/15]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 305 and 314 together.
One of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. 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.
Details regarding the personnel strength of each station in the Donegal Garda Division and the number of Gardaí assigned to the Donegal Divisional Drugs Unit are currently being collated and will be forwarded directly to the Deputy.
As identified in the National Drugs Strategy 2009-2016, drug law enforcement remains a key priority for An Garda Síochána and the Government as part of the overall comprehensive approach to tackling the problem of drug misuse.
I can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime. The Garda National Drugs Unit works closely with dedicated Divisional Drug Units and other national units, including the Organised Crime Unit and the Criminal Assets Bureau, in targeting persons involved in the illicit sale and supply of drugs. The Drugs Units are run on a Divisional and National basis and not by District.
Garda Misconduct Allegations
Ceisteanna (306)
Finian McGrath
Ceist:306. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on a case (details supplied); if she will support the family concerned; and if she will make a statement on the matter. [3710/15]
Amharc ar fhreagraFreagraí scríofa
The case to which the Deputy refers is amongst the complaints referred 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, all selected on the basis of their experience of the criminal justice system, was established for the purpose.
The independent review is well underway and 311 cases have been referred to the panel including the case referred to by the Deputy. The volume and complexity of cases has led to the review taking somewhat longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. Counsel are making every effort to conclude their work as soon is reasonably practicable.
The recommendations by the independent panel will be very carefully considered but, as a matter of general principle, in coming to a decision in each case I will be very strongly guided by the independent advice of counsel. Quite clearly, having engaged counsel for this review it would be entirely appropriate to be guided by their advice.