Written Answers Nos. 363 - 374
363. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on the 1972 Dublin bombings, the investigation and supports for the victims and their families; and if she will make a statement on the matter. [14481/15]
Amharc ar fhreagra392. Deputy Finian McGrath asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding the Dublin bombings of 1972 and 1973; and if she will make a statement on the matter. [14748/15]
Amharc ar fhreagraI propose to take Questions Nos. 363 and 392 together.
The troubles on this island exacted a tragic human cost in terms of the lives lost and the very many people injured and families bereaved by the many acts of violence over the course of what was a dark period in the history of this island. The human suffering inflicted by the many acts of violence, such as the bombings in Dublin in 1972 and 1973, is still felt to this very day and our thoughts are with the victims of the many atrocities perpetrated over the course of the troubles and their families.
The late Mr. Justice Henry Barron carried out a detailed and painstaking independent inquiry into the awful events to which the Deputy refers and, indeed, other atrocities that took place between 1972 and 1976 in which so many innocent people lost their lives. Related matters were also investigated by a Commission of Investigation carried out by Mr. Patrick McEntee SC.
As the Deputy will know, an extensive Garda investigation was carried out at the time of these bombings involving liaison with police forces in Northern Ireland and Great Britain, and with the support of the Defence Forces. Unfortunately, it did not prove possible to bring any persons to justice for these crimes. That said the Garda investigations into these and other, similar crimes remain open and if any new or additional evidence becomes available it will be pursued fully.
Arising from the report of the Barron Inquiry and the subsequent report of the Joint Oireachtas Committee on Justice, Equality, Defence and Women’s Rights the Garda Commissioner in 2005 appointed a dedicated liaison officer for the victims of the bombings in Dublin in 1972 and 1973 and in Dublin and Monaghan in 1974. This dedicated liaison service has been in place since then. It is currently provided by the National Bureau of Criminal Investigation in Dublin.
It is the policy of the Garda Síochána to provide effective liaison with the victims of crime and their families. The Garda Síochána is strongly aware of the importance of victims in the criminal justice system and will continue to make efforts to ensure their needs are met, particularly in respect of making information available to them. The Garda authorities are conscious of the need to ensure that the liaison process is operated in order to best address the needs of the individual victims while at the same time ensuring that criminal investigations would not be in any way compromised.
In achieving this and in the interests of operational effectiveness, Garda liaison with the victims of serious crime and their families, such as those crimes related to the Troubles, is provided directly to them from the Garda Division and investigation team which is investigating the case at hand. The Gardaí in the Division which is investigating a case are in possession of the detailed and up-to-date information with regard to it and are, therefore, best placed to interact with the victims and their families. Such interaction is done directly by or under the supervision of the relevant Garda Superintendent.
I am sure the Deputy will agree that we must always be conscious that the victims of crime are individuals with individual needs and that any approach must take into account the specific requirements of the individuals themselves.
364. Deputy Michael McCarthy asked the Minister for Justice and Equality the steps being taken to target the practice of sex trafficking here; if she will provide an update on the general scheme of the criminal law (sexual offences) Bill 2014; and if she will make a statement on the matter. [14497/15]
Amharc ar fhreagraOn 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The General Scheme includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of EU, UN and Council of Europe legal instruments. The Bill will also implement the recommendations of a number of Oireachtas committees, reform the law on incest and update the Sex Offenders Act 2001. In addition, the Bill will provide for new offences of purchasing, in the context of prostitution, sexual services.
The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.
These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation from the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services.
I am satisfied that it is necessary to take these steps to tackle the trafficking and wider exploitation of persons through prostitution.
As the Deputy will appreciate, the Criminal Law (Sexual Offences) Bill is a complex piece of legislation which addresses a number of sensitive issues. The Bill is priority legislation and is currently being drafted, with a view to publication in this parliamentary session.
I would also draw the Deputy's attention to the existing legislative provisions addressing the trafficking of persons for the purpose of exploitation (including sexual exploitation) which can attract significant penalties. The Criminal Law (Human Trafficking) Act 2008 prohibits trafficking for the purposes of sexual exploitation. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years and / or a fine.
365. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an application for citizenship or naturalisation in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14542/15]
Amharc ar fhreagraI can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship.
The person concerned will be invited in due course to attend the next citizenship ceremony at which he will make a declaration of fidelity to the Irish Nation and loyalty to the State and receive his certificate of naturalisation.
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 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
366. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide a breakdown of the number of Irish Naturalisation and Immigration Service inspections of language schools for each year from 2010 to 2015; the number of suspensions or closures that have resulted from these inspections; and the number of visas cancelled as a result of finding the students have not been attending class as claimed. [14562/15]
Amharc ar fhreagraThe aim in relation to language schools is to put in place an appropriate immigration regime to deal with applications from non-EEA students seeking permission to come to Ireland for the purpose of attending English language programmes. In that regard I, along with my colleague the Minister for Education and Skills, published a policy document in September 2014 for the operation of such schools. As outlined in my response to PQ No 323 for today revised proposals are being worked on for submission to Ministers, aimed at taking forward the policy announced in September 2014, amended as necessary to take account of a High Court decision in January of this year in respect of the language sector.
The aim is to have in place an appropriate immigration regime to deal with applications from non-EEA students seeking permission to come to Ireland for the purpose of attending English language programmes. That includes ensuring that students are fulfilling the conditions of their permission, that the college is operating in a manner that can justify the granting of immigration permission to such students and that the immigration regime is consistent with public policy generally.
Part of the monitoring and enforcement of this regime is to carry out inspections and in that regard, I am informed by the Irish Naturalisation and Immigration Service that the number of inspections that were carried out by its personnel on colleges that offer language courses, either exclusively or in addition to other programmes, is as follows
|
Year |
Inspections |
|
2010 |
5 |
|
2011 |
12 |
|
2012 |
8 |
|
2013 |
21 |
|
2014 |
7 |
|
2015 to date |
3 |
The table above does not include any inspections undertaken separately by the Garda National Immigration Bureau. The level of inspections reduced somewhat in 2014 as the priority was to deal with the fallout of the closures of a number of providers and the consequences for the students. However arrangements have now been put in place that will lead to a substantial increase in inspections in 2015, in conjunction with revised reform proposals that are at an advanced stage.
A total of 14 colleges were suspended on a temporary (i.e. reinstated after certain issues were addressed), partial (in respect of certain programmes) or fully on foot of these inspections, of which it is understood that 10 have ceased trading.
No statistics are maintained on the number of student permissions revoked on account of failure to attend classes. Each case is dealt with on its merits.
368. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on a matter regarding a High Court case (details supplied); and if she will make a statement on the matter. [14580/15]
Amharc ar fhreagraAs the Deputy is aware, under the Constitution the courts are independent in their operation. It would be inappropriate for me as Minister to comment in any way on the outcome of court proceedings. Accordingly, I do not propose to comment on the particular case raised by the Deputy.
369. Deputy Paul Murphy asked the Minister for Justice and Equality if she will provide, in tabular form, the number of deportation orders signed under section 3 of the Immigration Act 1999 since its enactment; the number of those enforced; the number of those subsequently revoked under section 3(11); and if she will make a statement on the matter. [14592/15]
Amharc ar fhreagraI wish to inform the Deputy that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.
In determining whether to make a Deportation Order, the Minister must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended.
This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.
The matter of effecting removals from the State is a very complex area and there are many reasons why Deportation Orders may not be enforced. Among these reasons are Judicial Review proceedings taken in the lead up to and often immediately prior to deportation, or that the persons concerned have children who are still in the asylum/protection process or issues procuring travel documents for certain countries.
I wish to advise the Deputy that comprehensive statistics in relation to deportations and removals from the State for the years in question are in the process of being compiled and will be forwarded to the Deputy shortly.
370. Deputy Paul Murphy asked the Minister for Justice and Equality if she will provide, in tabular form, the number of persons granted leave to remain on humanitarian grounds under section 3 of the Immigration Act 1999 since its enactment; the number of such applications still pending; and if she will make a statement on the matter. [14593/15]
Amharc ar fhreagraThe Deputy will be aware that section 3 of the Immigration Act, 1999 (as amended) does not provide for the granting of permission to remain. However, following a comprehensive and detailed examination of representations submitted for consideration under Section 3 of the Immigration Act, 1999 (as amended) a decision is made as to whether or not to make a Deportation Order in each case. If a decision is made not to make a Deportation Order, a grant of permission to remain will subsequently ensue. The numbers of grants is provided in the following table.
It should be noted that considerations under Section 3 of the Act arise from a wide range of situations including, for example, from persons who have been unsuccessful in the protection process and also from persons who have not been granted a permission to be in the State either having been here illegally or who had a permission that had not been renewed. The volume of cases on hand is difficult to estimate and any figures involved can be somewhat misleading. For example in the case of families, the Irish Naturalisation and Immigration Service (INIS) of my Department will usually process the entire family together. However, Section 3 considerations for some family members can be held up due to individual family members being a different stages of the process, often because one family member has decided to take a judicial review of an earlier decision or because the applicants have made asylum applications for various family members sequentially.
Persons granted leave to remain after consideration of their cases under section 3 of the Immigration Act 1999
|
Year |
No |
|
1999 |
23 |
|
2000 |
11 |
|
2001 |
54 |
|
2002 |
105 |
|
2003 |
63 |
|
2004 |
216 |
|
2005 |
172 |
|
2006 |
226 |
|
2007 |
731 |
|
2008 |
1,052 |
|
2009 |
512 |
|
2010 |
232 |
|
2011 |
1,074 |
|
2012 |
489 |
|
2013 |
763 |
|
2014 |
768 |
371. Deputy Clare Daly asked the Minister for Justice and Equality her plans for Malahide Garda station in County Dublin, including resources. [14612/15]
Amharc ar fhreagra374. Deputy Clare Daly asked the Minister for Justice and Equality the number of gardaí in Malahide sub-district between 2010 and 2015, excluding those on temporary transfers, maternity leave and long-term illness. [14615/15]
Amharc ar fhreagraI propose to take Questions Nos. 371 and 374 together.
As 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 received the information from the Garda Commissioner on the personnel strength of Malahide Garda Station from 31 December 2010 to 31 December 2014 and on 28 February 2015, the latest date for which figures are readily available, which are set out in the table. I have also been informed that there is one Garda member on ordinary Career Break which commenced in March 2015, one Garda member on Incentivised Career Break which commenced in June 2014. There were four Garda members who availed of paid maternity leave of which one of those members availed of three periods of paid and unpaid maternity leave. There were no Garda members who availed of Carer's leave or Term Time/Shorter Working Year.
Malahide Garda Station
|
Year |
Strength |
Reserve |
|
31/12/2010 |
37 |
2 |
|
31/12/2011 |
35 |
2 |
|
31/12/2012 |
34 |
4 |
|
31/12/2013 |
34 |
1 |
|
31/12/2014 |
30 |
2 |
|
28/02/2015 |
30 |
2 |
372. Deputy Clare Daly asked the Minister for Justice and Equality the community policing plans in high amenity areas. [14613/15]
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.
The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with community policing issues as and when they arise. Community policing is the underpinning philosophy and ethos through which An Garda Síochána delivers a service across the country.
The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced and have commenced their training. 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 on 23 April 2015 and the December intake will attest in August 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for the recruitment of a further 250 trainee Gardaí in 2015. This will bring the total number of recruits since September 2014 to 550. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner.
373. Deputy Clare Daly asked the Minister for Justice and Equality the Garda numbers in each district and sub-district with a population of 36,000. [14614/15]
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 received the information from the Garda Commissioner on the personnel strength by Station, District and Division. I have arranged for this information which is set out in spreadsheets to be sent to the Deputy directly. Population statistics are not available from this Department but from the Central Statistics Office on www.cso.ie.
