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Thursday, 26 Feb 2015

Written Answers Nos. 99 - 107

International Terrorism

Ceisteanna (99, 100)

Bernard Durkan

Ceist:

99. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she and her EU colleagues can counter the propaganda of ISIS which continues to lead to the indoctrination of young persons and their subsequent endangerment as a result of becoming involved with such radical organisations; and if she will make a statement on the matter. [8659/15]

Amharc ar fhreagra

Bernard Durkan

Ceist:

100. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she and her EU colleagues can combat the radicalisation of young persons throughout Europe who may find themselves drawn to ISIS or associated groups; and if she will make a statement on the matter. [8666/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 99 and 100 together.

As the Deputy will be aware there is considerable concern across Europe following a number of recent terrorism-related events in Europe and given the rise in Iraq and Syria of ISIS with the related potential threat to European security from foreign fighters and violent radicalisation. These events show that all States must remain vigilant and attentive to the risks posed by international terrorism.

Ireland, like any other democratic country with similar values, is not immune to a threat from international terrorism. While an attack on Ireland is possible it is not assessed as likely and there is no specific information in relation to a threat to Ireland. An Garda Síochána are keeping the level of threat from international terrorism under continuous review in light of ongoing developments and continuing to take all appropriate measures to counteract this threat. In this they have the full support of the Government.

The radicalising effect of online propaganda must also be dealt with and this is a matter which has received direct attention from EU Justice and Home Affairs Ministers at our recent meetings. Indeed, this has been a focus of actions at EU level for a number of years now, particularly in the context of the EU's Strategy for combating radicalisation and recruitment to terrorism and the EU's Internal security strategy. The Deputy will wish to know that the recent informal meeting of EU Justice and Home Affairs Ministers focused on the international terrorism and foreign fighters issues. Ireland along with its European counterparts is seeking to work with all relevant stakeholders to develop further initiatives in this domain.

The Government is committed to ensuring that the necessary legislation is in place to address terrorist threats. The Criminal Justice (Terrorist Offences) (Amendment) Bill 2014 has already passed all stages in the Seanad. It is expected that the Bill will come before the Dáil shortly. The Bill, when enacted, will create the three new offences of public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. These offences will carry sentences of up to 10 years imprisonment on conviction on indictment.

As the Deputy will appreciate, any response to this issue must be proportionate to the level of the threat and multi-faceted in approach. In addition to conventional security measures, engagement with minority or at risk communities is an essential element of the response. In that context, An Garda Síochána operates a progressive programme of community engagement with minority communities. The aim of these programmes is to build a sense of inclusiveness amongst minority communities and to address feelings of marginalisation in order to avoid providing fertile ground for radicalisation and those seeking to radicalise others.

Registration of Title

Ceisteanna (101)

Michael Healy-Rae

Ceist:

101. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding the land registration status in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [8495/15]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaced the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round. I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Crime Levels

Ceisteanna (102)

Michael Healy-Rae

Ceist:

102. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on a matter (details supplied) regarding the increase or decrease of crime here; and if she will make a statement on the matter. [8510/15]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that responsibility for the compilation and publication of crime statistics is a matter for the Central Statistics Office, as the independent national statistical agency. The CSO has previously indicated that it is carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. This process is currently ongoing and the CSO has indicated that it has resulted in a delay in publishing the Quarter 3 statistics for 2014. The figures published up to Quarter 2 in 2014 indicate a reduction in the overall number of offences recorded in the 12 months to that date.

Insofar as burglary offences are concerned, and as I indicated in my remarks as referred to by the Deputy, I am very conscious of the concerns which relate to these crimes and working closely with the Garda Commissioner and other relevant criminal justice agencies to ensure that an effective, whole of system response is in place. I understand that the general trend is that, having fallen in 2013, there has been an increase in such offences during 2014.

An Garda Síochána are pursuing a range of strategies to tackle this, including the establishment of Burglary Response Units and through operations such as Operation Fiacla and Operation Acer, which are focusing on identifying and targeting the criminal groups who have played a large part in the recent increase. In addition to these policing responses, I am also carrying out a broader and urgent review of the criminal justice system's response to the problem of burglaries. This includes a focus on interagency measures in relation to the management of prolific offenders, visible policing, crime prevention support for communities, and an examination of legislative issues. Burglary is a persistent and highly damaging crime, and I am determined to tackle it on a number of fronts, and through a partnership approach between criminal justice agencies and the community.

In relation to the closure of Garda stations, the Deputy will be aware that the decisions made in 2013 in this regard were the result of a comprehensive operational assessment carried out by the Garda Commissioner, the objective of which was to ensure that Garda resources are used in the best and most efficient way possible. In particular, freeing up Gardaí from desk duties has increased the number of Gardaí available for frontline policing and confronting crime. While the deployment of resources is kept under review at all times by the Garda Commissioner, none of the advice to me suggests that the closure of Garda stations is a significant factor in the recent increase in burglary, or that its reopening would contribute materially to a solution. Tackling highly mobile gangs involved in burglary will not be helped by reopening Garda stations, as to do so would take Gardaí away from visible front line policing and crime prevention.

Court Orders

Ceisteanna (103)

Bernard Durkan

Ceist:

103. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 319 of 27 January 2015, if she will confirm the identity of each of the five-man team who carried out an eviction in Clane, County Kildare, on 9 January 2015, one of whom indicated to the tenant that he was a garda with powers of arrest and subsequently appeared at the premises driving a vehicle in which the landlord was a passenger; if such practice is in accordance with any particular operational code of conduct or whether civilians are authorised to operate in such a fashion; and if she will make a statement on the matter. [8515/15]

Amharc ar fhreagra

Freagraí scríofa

I hope the Deputy will appreciate that I have no official responsibility in relation to the identification of the persons referred to by the Deputy, or in relation to enforcement of court orders in respect of these matters.

As I previously informed the Deputy, Gardaí attended the address referred to following telephone requests from both the tenant and landlord. On arrival at the location Gardaí found that the landlord was present but the tenant was not. The Garda members were present as observers only and took no active part in any of the landlord's actions. I am advised that during the time the Gardaí were present, there were three other persons present, one of whom was the landlord. I am also advised that the tenant did not present themselves to the Garda members at the time or since.

Fines Data

Ceisteanna (104)

Pádraig Mac Lochlainn

Ceist:

104. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality since the enactment of the Fines (Payment and Recovery) Act 2014, if she will provide, in tabular form and by county or on a district basis, the number of persons sentenced to pay a fine prior to that enactment who have been imprisoned. [8525/15]

Amharc ar fhreagra

Freagraí scríofa

The number of persons sentenced for non-payment of a court ordered fine since 2012 prior to the enactment of the Fines (Payment and Recovery) Act 2014, which was signed into law by the President on 16 April 2014, is set out in the table.

I wish to advise the Deputy that the aim of the legislation is to seek to effectively eliminate, in so far as is possible, the need for judges to commit anyone to prison for the non-payment of a fine. As well as introducing an option for persons to pay fines by instalment, there are also changes in the way those who fail to pay fines are dealt with, with a range of options available to judges including recovery orders, attachment of earnings, community service and ultimately imprisonment.

Work is ongoing in preparing for the implementation of the Act. The area most directly affected by the changes is the Courts and the Courts Service is working on a number of developments which will ensure that the implementation of the legislation, and the new procedures which will operate under it, are as efficient as possible.

In relation to the introduction of payment of fines by instalment, a decision was taken to outsource all aspects of the recovery of fines to an external provider. The Courts Service is introducing new arrangements for the payment of fines which will allow payments to be made in a range of outlets across the country, and not just through Courts Service offices. There are significant changes in information technology required to ensure that the instalment payment system operates effectively and that the necessary accounting procedures are in place for the recording of payments. Changes are also required in the way that information is transferred between the Courts Service and An Garda Síochána to ensure that both organisations have fully up to date information on the cases and their current status.

It is expected that all the preparations for the new system will be completed by the third quarter of 2015. While it is desirable that the Act be commenced as soon as possible, it is important that these preparations are done correctly to ensure that the significant changes being implemented in the fines system as a result of this legislation are implemented smoothly and effectively from the start.

In the case of 2014, these figures are provisional pending the publication of the Irish Prison Service Annual Report 2014.

County

Number of Persons in 2012

Number of Persons in 2013

Number of Persons in 2014 (up to and including the 16/04/2014)

Antrim

2

1

0

Armagh

1

1

0

Carlow

78

65

28

Cavan

76

89

30

Clare

268

315

124

Cork

1,215

1,324

425

Derry

2

0

1

Donegal

129

83

41

Down

1

0

0

Dublin

1,886

1,556

499

Fermanagh

3

1

0

Galway

187

342

167

Kerry

240

238

74

Kildare

304

203

84

Kilkenny

132

193

73

Laois

155

131

54

Leitrim

17

22

5

Limerick

673

783

190

Longford

43

78

29

Louth

137

172

56

Mayo

95

83

41

Meath

165

118

29

Monaghan

60

51

29

No Fixed Abode

8

9

6

Offaly

123

213

84

Outside Country

3

3

1

Roscommon

66

55

20

Sligo

91

63

22

Tipperary

348

319

106

Tyrone

2

0

0

Waterford

291

253

95

Westmeath

166

133

35

Wexford

239

261

65

Wicklow

270

207

78

Total

7,476

7,365

2,491

Property Services Regulation

Ceisteanna (105)

Róisín Shortall

Ceist:

105. Deputy Róisín Shortall asked the Minister for Justice and Equality if her attention has been drawn to the difficulty being experienced by property service management companies in recruiting and retaining property service managers, arising from the introduction of the new licensing system for property service providers; if her attention has been further drawn to the fact that employees with extensive relevant experience are excluded from qualifying for a licence based on this experience alone because of the qualifying criteria set down; and if her attention has been drawn to the fact that many jobs and businesses in the property services industry are in jeopardy arising from many highly capable persons being adjudged to be unqualified for the licence. [8527/15]

Amharc ar fhreagra

Freagraí scríofa

The Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012 pursuant to the Property Services (Regulation) Act 2011. One of the main statutory functions of the PSRA is the licensing of Property Service Providers, i.e. auctioneers, letting agents and property management agents. The Authority is independent in the performance of its functions.

The 2011 Act provides for the licensing of all persons engaged in the provision of property services. Applicants for a Property Service Provider's licence must meet certain "minimum qualification requirements" which are set out in paragraphs 2(a), (b), (c), and (d) of the Property Services (Regulation) Act 2011, (Qualifications) Regulations 2012 (S.I. No. 181 of 2012), before a licence can be granted, namely minimum academic qualification, lawful experience or other qualifications or experience. The appropriate experience requirement means that a person must be able to demonstrate to the Authority that they have been lawfully engaged in, and for periods amounting together to not less than 3 years of the 5 year period immediately preceding the making of the application, the provision of the property service for which they are seeking a licence.

I should point out that I am advised by the Authority that employees with extensive relevant experience are not being excluded from qualifying for a licence based on this experience alone. Rather, it is the case that where a person fails to quality under paragraphs 2(a) to 2(c) of S.I. 181 of 2012 referred to above, i.e. under the minimum academic qualifications and lawful experience criteria, the Authority always exercises the discretion available to it under paragraph 2(d) relating to other qualifications and experience, and any person who can demonstrate that they have appropriate other qualifications or experience relevant to the licence being sought, may be granted a licence.

Immigration Policy

Ceisteanna (106)

Ruth Coppinger

Ceist:

106. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the survey and policy paper of the Migrant Rights Centre Ireland, Ireland is Home, on the lives of undocumented migrants in Ireland (details supplied); if she will introduce a regularisation scheme for those who are currently undocumented in the State; and if she will make a statement on the matter. [8545/15]

Amharc ar fhreagra

Freagraí scríofa

Ireland has shown itself to be a country that is open to migration. This is clear from the census and from our citizenship ceremonies.

At EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases. It is open to persons in an undocumented situation to present their case on its merits, to have it considered and to abide by the decision.

I note the report to which the Deputy is referring. I think however that it is important to recognise that in most cases a person becomes undocumented through their own actions by making the choice to remain in Ireland without immigration permission as opposed to the alternative of leaving the State, as they are supposed to do. The Department has operated a scheme to address the situation of that minority who became undocumented through no fault of their own.

I have no plans to introduce a general regularisation scheme for those who are currently undocumented in the State, although I am aware of calls for something on these lines. A proposal of this nature could give rise to very large, unpredictable and potentially very costly impacts across the full range of public and social services. Any possible implication for the operation of the Common Travel Area would also have to be very carefully considered.

Crime Data

Ceisteanna (107)

Bernard Durkan

Ceist:

107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of burglaries and house break-ins reported in Maynooth, Leixlip, Celbridge, Kilcock, Clane, Carbury, Naas and Johnstownbridge in the past six months to date in 2015; the extent to which this represents an increase or decrease over a similar period in 2013; if she expects to be in a position to augment Garda strength in local Garda stations to counter this activity; and if she will make a statement on the matter. [8558/15]

Amharc ar fhreagra

Freagraí scríofa

The 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 forwarded the Deputy's enquiry to the CSO for attention and for the provision of relevant statistics. The Deputy may be aware that the CSO is carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. This process is currently ongoing and the CSO has indicated that it has resulted in a delay in the next quarterly crime statistics publication, which will relate to Quarter 3 of 2014.

Insofar as policing in the areas in question are concerned, as the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of 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.

I have sought to secure as high a level of resources for the Garda authorities as possible and am fully committed to supporting them in providing a strong and visible community presence across the country. I am pleased that the increase of €40 million in the Budget for Garda pay in 2015 has provided the scope for me to continue with my priority objective of recruiting new Gardaí. The Deputy will be aware that the first intake of Garda Trainees since 2009 to the Garda College took place in 2014. In September 100 recruits commenced training and a further 100 in December. A third intake this month saw another 100 recruits begin their training in the Garda College. I will, of course, continue to monitor Garda staffing levels this year with a view to agreeing further intakes to the Garda College as required.

While the allocation of Gardaí on completion of training is a matter for the Garda Commissioner, and will be fully considered in the context of the requirements of An Garda Síochána nationally, for the first time in some years the Garda Commissioner will have the option to deploy new recruits to replace persons retiring and to respond to emerging policing needs.

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