Written Answers Nos. 363-82
363. Deputy John McGuinness asked the Minister for Defence his plans for the former Army barracks in Clonmel in County Tipperary; if costs have been incurred in maintaining and securing the site since its closure; if the Minella Hotel in Clonmel in County Tipperary has been used by the Defence Forces or his Department; if so, the reasons for same; the cost involved for each event; and if he will make a statement on the matter. [12959/15]
Amharc ar fhreagraAgreement has been reached for the sale of the former army barracks in Clonmel to Tipperary County Council and it is expected that this sale will be fully complete in the coming weeks. Since its closure in March 2012 a total of €132,458 has been spent on security and maintenance.
The Defence Forces advise that they have utilised Hotel Minella for the conduct of Command and Staff Training, most recently on the 10 - 12 March this year. This course was for 28 students who spent two nights and three days, including all meals, in the Hotel with full use of the Hotel's function room facilities for the preparation and conduct of examinations and briefings.
The Defence Forces conduct operational tactical training as part of its Command and Staff Courses. Students undergoing these courses undertake General Terrain Examinations in order to test their understanding of the Military Decision Making Process and its use in the planning of tactical combat operations. This training removes students from the normal military training environment to unfamiliar geographical locations. Training Staff chose locations that provide a range of tactical challenges due to the nature of the terrain. The varied terrain around Clonmel is particularly suited to this type of tactical training.
Costs were agreed with the Hotel in advance of the training and students pay on an individual basis. This cost is recouped by an individual subsistence claim in accordance with public service subsistence procedures. The cost for the most recent course outlined above was €157 per student. Since March 2012 two courses have been held at the Hotel; a full summary is contained in the following table:
|
Date |
Purpose |
Total cost |
|
27th to 31st May 2013 |
Command and Staff Training |
€14,280 |
|
10th to 12th March 2015 |
Command and Staff Training |
€4,400 |
|
Total |
€18,680 |
364. Deputy Thomas Pringle asked the Minister for Defence his views on whether the planned centre in Kinsale in County Cork honouring the Irish in military units will potentially affect Ireland's neutrality due to its commemoration of soldiers who fought in foreign armies, navies and air forces; and if he will make a statement on the matter. [13187/15]
Amharc ar fhreagra365. Deputy Clare Daly asked the Minister for Defence if he will confirm that the State will have no involvement in any provision of a centre or museum for veterans or existing military personnel who are Irish citizens but fighting for foreign armies, which would be a complete insult to the position of neutrality; and if he will make a statement on the matter. [13264/15]
Amharc ar fhreagra366. Deputy Clare Daly asked the Minister for Defence the nature of his involvement with the talks about providing a centre in Kinsale in County Cork to recognise Irish veterans who fought in foreign armies. [13265/15]
Amharc ar fhreagraI propose to take Questions Nos. 364 to 366, inclusive, together.
Whilst I am aware of the proposed centre in question, its development is not something that I or my Department have had any involvement in.
Ireland's policy of military neutrality is defined by non-participation in a military alliance or mutual-defence arrangements. In my view, this policy would not be affected by the proposed centre.
367. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the options available to drivers who have had penalty points levied against them and who cannot afford to be legally represented when challenging them; if it is possible to set up a lay litigant system which persons could avail of; if it is possible to allow any consequential fines if they lose to be paid in instalments; and the position regarding the need to enhance the quality of the photographs taken by speed cameras to ensure the avoidance of doubt for prosecution of road traffic laws. [13226/15]
Amharc ar fhreagraAs the Deputy will be aware, it is not within my function as Minister for Justice and Equality to provide legal advice to persons charged with offences before the courts.
Under the Criminal Justice (Legal Aid) Act, 1962 free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The courts, through the judiciary, are responsible for the granting of legal aid and an applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal aid themselves. The 1962 Act specifies that the court must also be satisfied that, by reason of the 'gravity of the charge' or 'exceptional circumstances', it is essential in the interest of justice that the applicant should have legal aid. Insofar as the question of paying fines imposed by the court is concerned, there is no provision at present for the payment of fines by instalment. However, the Deputy may be aware that work is ongoing in relation to the commencement of the Fines (Payments and Recovery) Act, 2014 which will provide the option to pay a fine that exceeds €100 by instalment.
In so far as the quality of photographs taken by safety cameras is concerned, the Deputy will appreciate that I have no direct role in the administration of the outsourced safety camera system which is operational matter for An Garda Síochána. I am informed that the safety camera system is designed to use certified, robust and proven technology and employ rigorous quality checks.
368. Deputy Dara Calleary asked the Minister for Justice and Equality her plans to introduce changes to parental leave rules to allow parental leave be taken for all children up to 18 years of age; her views that parents who have not taken parental leave for children up to 13 years of age should be allowed to take it, while those children are teenagers; and if she will make a statement on the matter. [13346/15]
Amharc ar fhreagraThe current statutory provision with regard to parental leave provides for a parent to take such leave in respect to a child up to the age of 8 years old. If the child was adopted between the age of 6 and 8, leave in respect to that child may be taken up to 2 years after the adoption order. In the case of a child with a disability or a long term illness, leave may be taken up to 16 years of age.
I have no plans currently to amend the age limits for the taking of parental leave.
369. Deputy Clare Daly asked the Minister for Justice and Equality the reason requests from both her Department and the Department of Transport, Tourism and Sport in the summer of 2014 for extra civilian staff to deal with passport control at Dublin Airport were not approved. [11687/15]
Amharc ar fhreagraThe Deputy will be aware that I formally announced a major programme of reform in September, 2014 to civilianise immigration functions currently undertaken by members of An Garda Síochána. When completed this programme will release 125 full-time Garda equivalents to core Garda duties. The programme includes the use of civilian immigration officers to undertake front line immigration checks at Dublin Airport. The initiative involves the deployment of 80 civilian staff at the airport at border control booths on a 24/7 basis. The project is now underway and the move to a 24/7 civilian operation in Terminal 1 is expected to be completed this summer (since 30 March 2015, civilians have been operating in Terminal 1 from 07:00 to midnight - Monday to Friday; 35 civilian staff are currently deployed there) with Terminal 2 to be completed by December 2015.
The Department of Public Expenditure and Reform gave sanction to proceed with the various elements of the project in August 2014 based on a detailed business plan submitted by my Department.
I am looking at further deployment of civilian officers to other major ports of entry to the State (where this makes sense from a cost and efficiency perspective).
370. Deputy Clare Daly asked the Minister for Justice and Equality the steps she will take to address the low rates of reporting of sexual violence and abuse; and her views that this is connected with the failure of An Garda Síochána to take these matters seriously. [12674/15]
Amharc ar fhreagra371. Deputy Clare Daly asked the Minister for Justice and Equality if she will initiate a scheme whereby those reporting cases of sexual violence or sexual abuse will be provided legal and other assistance when they report these incidents to the Garda Síochána, from the time of the complaint up to the court hearing, in order to overcome the deficit which presently exists whereby complaints are often not taken on board seriously enough or pursued diligently enough. [12681/15]
Amharc ar fhreagraI propose to take Questions Nos. 370 and 371 together.
The prevention of domestic and sexual violence and the increase in reporting has been a fundamental aim of many actions in the National Strategy for the Prevention of Domestic, Sexual and Gender Based Violence 2010-2014. One of the three headline indicators for the Strategy is "An increase in the level of disclosure and reporting, as a result of improved opportunities for disclosure and confidence in the response system". This work will continue (with the support and advice of the Non-Governmental Organisations) under the next National Strategy for the Prevention of Domestic, Sexual and Gender based-Violence currently being developed by Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, which is an executive office of my Department.
In addition, I am giving priority to the implementation of the EU Victims Directive.
The Garda Síochána Policy on the Investigation of Sexual Crime, Crimes against Children and Child Welfare includes specific directions in relation to the referral of victims of crime to "relevant services in the area, both statutory and voluntary, which may be of assistance to her/him."
The policy specifically directs that in all cases of sexual crime, the investigating member will provide the victim with a copy of the relevant sexual crime information literature and make the complainant aware of the relevant services in the area. The policy lists an extensive range of services to be considered, including - Rape Crisis Centre; Crime Victim’s Helpline; Local Women’s Support Groups; Family Law Courts; the Legal Aid Board; and any other agency which may be of assistance. The policy outlines that where literacy issues may arise, information should be explained verbally and where language is an issue, the information should be provided in a language which the victim can understand or interpreted to the victim.
The policing priorities for An Garda Síochána for 2015 include work to prevent domestic, sexual and gender-based violence and to effectively tackle such violence when it occurs with a view to ensuring timely responses. Support for victims of crime is also a priority in the Policing Plan for 2015. An Garda Síochána has also taken important steps to follow through on the Garda Inspectorate’s recent recommendations regarding the investigation of crime with the establishment of an Implementation Steering Group to focus on the implementation of the short, medium and long-term recommendations in the Report. The Commissioner has established a new Child Protection, Domestic Violence and Human Exploitation Unit under the direction of a Chief Superintendent in the National Support Services of An Garda Síochána. I welcome in particularly the fact that Garda Victim Services Offices have now been established in each Division.
I can also inform the Deputy that the Legal Aid Board provides a legal advice service free of charge to complainants in prosecutions for certain rape and sexual assault cases.
A person seeking this service is not required to undergo a means test or to pay a financial contribution. The accused must have been charged with the offence before the service may be provided. The service is provided by solicitors in the Board’s law centre network. Persons who seek this service will be provided with advice on procedures at pre-trial stage and depending on the case occasionally at the trial itself.
The Legal Aid Board also provides a legal aid service in certain rape and sexual assault cases where the complainant’s prior sexual history has been raised by the defence in the course of the trial.
A person who seeks to avail of this service does not have to undergo the means test, the merits test or to pay a financial contribution. The Board will appoint a solicitor and a barrister to represent the complainant when the issue of previous sexual history is being raised.
372. Deputy Robert Dowds asked the Minister for Justice and Equality the position regarding the new legislation for asylum seekers; and when she expects it to be before Dáil Éireann; and the implications it will have for the long-standing asylum seekers here. [12686/15]
Amharc ar fhreagraOn 25 March 2015 I published the General Scheme of the International Protection Bill, which was approved by Government last week, and which proposes to establish a single applications procedure for international protection. This is the first step in delivering the Government's undertaking in the Statement of Government Priorities 2014 - 2016 to legislate to reduce the length of time protection applicants spend in the system.
This reform will simplify and streamline existing arrangements and provide applicants with a final decision on their protection application in a more straightforward and timely fashion and will also, as a consequence, reduce the length of time that applicants spend in the Direct Provision system.
In accordance with the Government decision I have forwarded the General Scheme of the Bill to the Attorney General for the detailed drafting of the legislation which, subject to the approval of the Government at a future time, will be presented to the Oireachtas for enactment into law. My aim is for the legislation to be enacted by the end of this year.
The General Scheme proposes transitional provisions in relation to applicants who are already proceeding through the existing asylum system. It is proposed that certain categories of applicants will be brought within the scope of the new single procedure while preserving decisions already made by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. Applicants who are not brought within the scope of the new procedure will continue to have their applications processed in accordance with the existing legal framework.
373. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 307 of 10 March 2015, the places that the majority of applicants seeking refugee status or asylum are originating from; and if she will make a statement on the matter. [12704/15]
Amharc ar fhreagraI am advised by the Office of the Refugee Applications Commissioner, the independent body with responsibility for the processing of applications for refugee status, that applications originated from 67 countries in 2014. The top ten countries of origin were Pakistan, Nigeria, Albania, Bangladesh, Zimbabwe, Algeria, DR Congo, Malawi, South Africa and Ukraine. These countries accounted for almost 71% of all applications received.
In the first two months of 2015 applications for refugee status originated from 37 countries. The top ten countries of origin in respect of these applications were Pakistan, Nigeria, Albania, Bangladesh, DR Congo, Malawi, Afghanistan, South Africa, Ukraine and Zimbabwe. These countries accounted for almost 80% of all applications received over this period.
374. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the position regarding the Garda station in Kilcock in County Kildare; if she will address the concerns of local residents regarding the insufficient Garda presence at that location, and the insufficient number of public opening hours of this Garda station; her plans to increase the opening hours of said Garda station; the number of full-time members of An Garda Síochána assigned to this station; her plans to increase numbers of gardaí in County Kildare, in particular, in this Garda station; and if she will make a statement on the matter. [12723/15]
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 been informed by the Garda Commissioner that the personnel strength of Kildare Garda Division on 31 January 2015, the latest date for which figures are readily available, was 301 of which 9 Garda are assigned to Kilcock Garda Station. There are also 41 Garda Reserves and 28 Civilians attached to the Division. The opening hours of Kilcock Garda Station are, subject to manpower availability, from 7.00 p.m. to 9.00 p.m. on Monday, Wednesday and Friday. There is also a public access call box (PACB) for the Kilcock Garda station with calls diverted to Leixlip Garda Station which is a 24 hour Garda station.
The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15th September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these recruits commenced their training. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake will attest as members of the Garda Síochána in May 2015 and the December and February intakes will attest in August 2015 and October respectively. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner and the needs of Kildare Garda Division will be fully considered.
375. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of reckonable stamp 4 years accredited in respect of a person (details supplied) in County Kildare; the extent to which these are adequate for naturalisation purposes; and if she will make a statement on the matter. [12727/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted temporary permission to remain in the State for one year in 2000 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. The permission was renewed subsequently until 1 September, 2008, the expiry date on the passport of the person concerned. Following a review of their case by the relevant officials in the INIS, their permission was renewed in 2013 until 11 February, 2015. As their current permission to remain in the State has expired, it will be open to the person concerned to attend at their local Immigration Registration Office with a view to having their permission to remain renewed for a further period.
An application for a certificate of naturalisation was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in August, 2005 and in 2009 the then Minister for Justice decided in his absolute discretion to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued, via their solicitor on 31 March, 2009.
A second application for a certificate of naturalisation was received in September, 2014. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued on 12 November, 2014.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
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 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.
376. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence regarding allegations of Garda intimidation and harassment in respect of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [12870/15]
Amharc ar fhreagraIn so far as the allegations of misconduct by members of the Garda Síochána raised in the correspondence submitted by the Deputy are concerned, it is open to the person concerned to make a complaint to the Garda Síochána Ombudsman Commission.
As the Deputy is aware the Ombudsman Commission is an independent body which was set up under the Garda Síochána Act 2005 to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána. It is independent in the operation of its functions and I have no role in its consideration of complaints.
377. Deputy Dinny McGinley asked the Minister for Justice and Equality the position regarding a Garda station (details supplied) in County Donegal; if the station is operational at the moment; if not, when Garda operations from there ceased; the present status of the station; and her plans to dispose of same. [12880/15]
Amharc ar fhreagraThe information sought by the Deputy has been requested from the Garda authorities and I will be in contact with the Deputy when the information is to hand.
378. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise the status of the children of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [12904/15]
Amharc ar fhreagraAs I have advised the Deputy previously, in my Replies to his Parliamentary Questions dated 10th July, 2014 (PQ No. 158), 18th September, 2014 (PQ No. 164), 4th November, 2014 (PQ No. 511) and 25th November, 2014 (PQ No. 265), 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.
379. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress, to date, in determining an application for residency, arising from the marriage of a person (details supplied) in County Kildare to an Irish national; and if she will make a statement on the matter. [12913/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a right of residency in the State, accompanied by a right to work, based on her parentage of an Irish citizen child. This application is under consideration at present.
I am further advised that there is no record of the person concerned having applied to INIS for residence permission based on her marriage to an Irish National. It is open to the person concerned to submit an application in this regard to the Spouse of Irish National Unit, Residence Division, INIS.
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.
380. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if the Courts Service of Ireland has conducted best practice research into the management of children and family services in the courts in other jurisdictions. [12926/15]
Amharc ar fhreagraAs the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the management of services in the Courts.
However, in order to be of assistance I have had enquiries made and the Courts Service informs me that in terms of the delivery of family services, it recognises the importance of adopting an integrated approach to the resolution of disputes other than through the formal processes of the courts with the consequential benefits to those personally involved in disputes and those close to them, particularly children within relationships. There are also considerable societal benefits associated with resolving disputes other than within the adversarial environs of the courts. The Courts Service in cooperation with the Legal Aid Board and the Family Mediation Service have introduced, for example, a mediation initiative in the areas of access, custody and guardianship at the main District Court family law court office in Dolphin House offering information on mediation to persons who have made contact with the office with a view to issuing proceedings. A formal mediation process is then offered to parties willing to engage thus avoiding the personal turmoil and stress associated with formal court hearings. This initiative has been particularly successful and is now being extended to other selected offices. The Service, within the resources available, regularly cooperate with other state agencies and Non- Governmental Organisations in developing new initiatives particularly in the area of family law.
The Courts Service has confirmed that it has taken best practice in other jurisdictions into account in reviewing family law issues, for example, the Pilot project carried out on Family Law reporting in October 2007 and more recently the submission of the Family Law Court Development Committee of the Courts Service Board on a new Family Court Structure.
My Department had initiated a consultation process with interested parties in relation to the establishment of family law courts and in that regard hosted a seminar in July 2013 to discuss how such courts might operate. An eminent judge from the Australian Family Court attended the seminar and shared experiences of their system. The current position is that my Department is finalising proposals for future legislation based on the outcome of the seminar, submissions received and ongoing consultations with interested parties. I intend to bring proposals to establish the new Family Court to Government as soon as they have been finalised. The draft General Scheme of the Bill will then be subject to the usual pre-legislative scrutiny by the Justice Committee.
381. Deputy Eric Byrne asked the Minister for Justice and Equality when full funding will be restored to an organisation (details supplied) in Dublin 12; and if she will make a statement on the matter. [12930/15]
Amharc ar fhreagraThe Deputy will be aware that my Department has responsibility for Community Programmes, Irish Youth Justice Service (IYJS) which funds 100 Garda Youth Diversion Projects (GYDP) nationwide. The organisation concerned has received funding from Community Programmes to manage a GYDP from 2008 to date as follows:
|
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
€79,500 |
€92,289 |
€113,230 |
€108,746 |
€105,234 |
€105,234 |
€105,234 |
There was an increase in funding in 2009 and 2010 as a result of Community Programmes securing ESF funding for the employment of additional youth justice workers in GYDPs to work with young people to improve their education and employment prospects. An additional worker was employed in the GYDP concerned from September 2009. Despite the difficult economic climate, which required across-the-board reductions in funding to GYDPs, funding to this organisation has now been maintained without further cutback since 2012. This is equivalent to a 32% increase in funding in the period 2008-2014.
382. Deputy Seán Kenny asked the Minister for Justice and Equality if she will request An Garda Síochána to adopt a zero tolerance approach to anti-social behaviour at a location (details supplied) in Dublin 13; the number of persons dealt with by gardaí at that location over the past 18 months, regarding anti-social behaviour; and if she will make a statement on the matter. [12932/15]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matters referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
