Written Answers Nos. 401-418
401. Deputy Gerry Adams asked the Minister for Justice and Equality further to Parliamentary Question No. 328 of 17 February 2015, if she has received a report on the matter from the Garda Commissioner; and if this is not the case, if she will indicate a time frame for receipt of same. [14836/15]
Amharc ar fhreagraI am informed by An Garda Síochána that the incident referred to by the Deputy relates to the murder of a man who was shot in Dundalk on 11 December, 2011. The suspect offender later died by suicide in a holding cell at Cloverhill District Court.
The suspect offender was the owner of three licensed firearms. Previous to 2011, his firearms certificates were granted and later renewed in the Garda District Office of Carrickmacross. This suspect offender was granted his first licence in 1997 and at that time and for subsequent licence renewals he was not found to be a person disentitled to hold a firearms certificate. This means in summary that he was not found at the time of licence issue and renewal to be a person of intemperate habits or unsound mind or a person sentenced to imprisonment for an offence under the Firearms Acts or the Offences Against the State Act under Section 8 of the Firearms Act 1925, as amended.Section 8 also applies to a person bound by a recognisance to keep the peace with a condition not to possess any firearm, and to a person not ordinarily resident in the State.
402. Deputy Gerry Adams asked the Minister for Justice and Equality further to Parliamentary Question No. 324 of 17 February 2015, if she will provide an update on the progress made by the joint working group of her Department and An Garda Síochána; if the working group has met with interest groups and considered all submissions received; and if she will make a statement on the matter. [14837/15]
Amharc ar fhreagraIn light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality/ An Garda Síochána Working Group was established by the Department of Justice and Equality to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. The submissions received are being examined.
The Oireachtas Committee on Justice, Defence and Equality also sought submissions and held hearings with interested parties in relation to the Working Party report and published an interim report on the matter earlier this month.
I have already given a commitment that I will not make any decisions until I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I intend to meet the key stakeholders in the near future.
403. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [14872/15]
Amharc ar fhreagraI 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 20 December, 2016.
The application is currently 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, 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.
404. 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 County Cork; and if she will make a statement on the matter. [14874/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 15th July 2011, and therefore he has no entitlement to residence in the state.
Representations were received from the person's legal representative asking that the Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This request 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.
405. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the role of Marketing English in Ireland in determining the accreditation of English language schools; the guidelines used to determine whether accreditation is awarded to schools; and if she will make a statement on the matter. [14882/15]
Amharc ar fhreagraMy Department does not accredit English language schools. Its role, and mine as Minister, in this area 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. 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. For longer courses (where the student stays longer than 90 days) that requires the maintenance of a list of programmes for which immigration permission may be given provided that the student meets the immigration requirements. This has previously been what is referred to as the Internationalisation Register (it also lists academic programmes). The rules in respect of eligibility for that Internationalisation Register are accessible on the following site http://www.intregister.ie/regs.html.
My Department is the final arbiter of what is listed on the Internationalisation Register and this will continue under the its proposed replacement, known as the Interim List of Eligible Programmes (ILEP), which was announced last September and implementation of which has been temporarily delayed following a High Court judgement in January. It had been intended to make ACELS recognition (ACELS represents a voluntary quality assurance process operated by Quality and Qualifications Ireland) a prerequisite for English language providers seeking to have their programmes listed on the ILEP. However the Court ruled against this and work is at an advanced stage in providing an alternative process for assessing whether language providers/programmes should be permitted to appear on the ILEP.
It should also be noted that a large majority of the students who come to Ireland to learn English are EU nationals requiring no immigration permission and my Department has no interaction with them.
Marketing English in Ireland has no determinative role whatsoever in the process I have described above.
406. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of extra Garda vehicles that were fitted with automatic number plate recognition equipment in the years 2013 and 2014 and in 2015 to date. [14883/15]
Amharc ar fhreagraDecisions regarding the deployment of automated number plate technology within the Garda fleet are a matter for the Garda Commissioner, based on operational requirements.
In that context I am informed by the Garda authorities that the operational target number of vehicles fitted with Automatic Number Plate Recognition (ANPR) for the years 2013, 2014 and 2015 is 120. However, this number fluctuates each year based upon the number of vehicles that reach the end of life threshold of 300,000 kms.
I am further informed that there are currently 92 vehicles fitted with ANPR and it is planned to have another 22 vehicles fitted with ANPR in the very near future. The remaining six vehicles will be fitted with ANPR as new vehicles are delivered.
407. Deputy Seamus Kirk asked the Minister for Justice and Equality the number of gardaí per Garda district; the number and location of each Garda station in each district and their opening hours, including the number of gardaí stationed at each station; if she will provide a breakdown for the years 2011 to 2014 of gardaí stationed in each station; and if she will make a statement on the matter. [14893/15]
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 and the current opening hours. I have arranged that this information which is set out in spreadsheets to be sent to the Deputy directly.
408. Deputy Ruth Coppinger asked the Minister for Justice and Equality the position on the proposed maternity leave directive, COM (2008) 637; her views on the matter with particular reference to the proposed withdrawal of the directive by the European Commission, despite approval by the European Parliament in 2010; and if she will make a statement on the matter. [14915/15]
Amharc ar fhreagraThe European Commission launched proposals to amend Maternity Leave Directive 92/85/EEC in October 2008. The European Parliament voted substantial amendments to the Commission's proposals in October 2010. These amendments were opposed by virtually all Member States, including Ireland, on a number of grounds including that they were cost prohibitive and far exceed minimum standards requirement for EU measures.
During the recent Irish Presidency of the European Council, Ireland attempted to broker an acceptable compromise between the Parliament, Commission and Council without success. Similar efforts have also been undertaken by other Presidencies, including the recent Italian Presidency, without success.
It remains a matter for the Commission as to how it progresses its proposal. However at this stage and given the ongoing deadlock, I have agreed in discussions at the Council with the Commission's suggestion that the best course of action may be for the Commission to withdraw the current proposal and submit new updated proposals which greater reflect the requirements and support the participation in the labour force of mothers and fathers of young children.
409. Deputy Finian McGrath asked the Minister for Justice and Equality her views on recent comments by the Garda Representative Association that garda numbers are currently insufficient to provide the services required by the public; the action she will take to address these concerns; and if she will make a statement on the matter. [14932/15]
Amharc ar fhreagraI have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 28 February 2015 the latest dates for which figures are readily available was 12,763. There are also 1,082 Garda Reserves and over 2,000 Civilians attached to An Garda Síochána.
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.
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 and the needs of all Garda Divisions will be fully considered.
411. Deputy Brendan Smith asked the Minister for Justice and Equality the progress made to date on the investigations into the bombing in Belturbet in County Cavan in December 1972, which resulted in the deaths of two innocent teenagers; and if she will make a statement on the matter. [14943/15]
Amharc ar fhreagra412. Deputy Brendan Smith asked the Minister for Justice and Equality if she will support the case made to the Police Ombudsman in Northern Ireland, on the need to carry out the appropriate and full investigations in Northern Ireland into the bombing in Belturbet in County Cavan in December 1972; and if she will make a statement on the matter. [14944/15]
Amharc ar fhreagraI propose to take Questions Nos. 411 and 412 together.
I would like to express my sympathy to the families of Patrick Stanley and Geraldine O'Reilly on the tragic loss of their loved ones in the Belturbet bombing. It was a senseless and brutal act of violence which tragically took the lives of two innocent young people. One can only imagine the pain and suffering the families have endured in trying to come to terms with the grief of their loss.
It is, of course, a continuing disappointment that no one was ever held responsible for this atrocity and the murder of two young people. The bombing and murders in Belturbet were the subject of a thorough investigation at the time by An Garda Síochána, with expert assistance provided to the investigation by the Army. The investigation also involved close liaison with the authorities in Northern Ireland in an effort to bring the perpetrators to justice. Although every avenue of inquiry which was open to the investigation was pursued at that time there was no evidence to bring those responsible to justice.
I am informed by the Garda authorities that the investigation into these murders remains open and should any new or additional evidence emerge from any source, it will be actively pursued by An Garda Síochána.
The Deputy will be aware that the Barron Commission of Inquiry in the second of its reports inquired into the Belturbet bombing, amongst a number of other atrocities which were carried out in the early 1970s. My Department and An Garda Síochána engaged fully with the Barron Inquiry and made their files in relation to this and other incidents available to that Inquiry.
While the Deputy will understand that I have no role in respect of the Northern Ireland Police Ombudsman's Office, I fully understand the families' efforts in continuing to seek justice for their loved ones.
The Deputy will be aware that dealing with the legacy of the troubles on this island is difficult. The Stormont House Agreement sets out a series of useful measures to put in place an overarching framework to deal with the past. The Government is fully committed to playing its part in implementing those measures and I hope they may provide an opportunity for the families of persons killed during the troubles to access further information.
413. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the position regarding the enforcement of speed limits in the port tunnel; and if she will make a statement on the matter. [14957/15]
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.
414. Deputy Billy Timmins asked the Minister for Justice and Equality if she will provide a list of the semi-State commercial companies under her control; the policy of a dividend payment to the Exchequer from each company; the dividend paid by each company to the Exchequer for each year from 2000 to 2014; and if she will make a statement on the matter. [14968/15]
Amharc ar fhreagraI am assuming that the Deputy is referring to semi-State bodies who have a significant element of commercial or trade activities within their remit. The bodies and agencies attached to my Department provide public services in the broad Justice area, and, as such, do not engage in any significant commercial activity.
415. Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs if he is aware that payments to full-time foster parents of high-needs children are currently being reduced when families need to avail of short-term respite; and if he will provide the date from which this policy has been implemented. [14125/15]
Amharc ar fhreagra423. Deputy Peadar Tóibín asked the Minister for Children and Youth Affairs if he is aware that payments to full-time foster parents of high-needs children are currently being reduced when families need to avail of short-term respite. [14126/15]
Amharc ar fhreagraI propose to take Questions Nos. 415 and 423 together.
The National Respite Care Policy was reviewed in May 2013 and is current policy in Tusla, the Child and Family Agency. In line with the 2013 policy, the fostering allowance follows the child and is therefore deducted from the main carer and paid to the foster carers providing the respite care. In circumstances where respite from home is being provided by foster carers an allowance will be paid to them from Tusla's fostering budget.
Fostering care allowances are provided in order to allow foster carers meet all of the child’s daily living needs, e.g. food, clothing, school uniform, school books, extra-curricular activities, school trips, pocket money (depending on the age of the child), and treats such as toys, games or holidays. The Tusla Alternative Care Practice Handbook notes that the allowance "is not a wage or salary for the carers". The foster care allowance is currently €325 per week per child up to 12 years of age, and €352 per week per child over 12 years of age. The foster care allowance is tax exempt.
Respite care is defined in the National Standards for Foster Care as ‘short term care provided to a child in order to support the child, his or her parent(s) or foster carers by providing a break for the child and his or her primary caregivers’. It is acknowledged that respite care can play an invaluable role in supporting children to remain at home, and during placement breakdown. Where a child is in care, the issue of respite periods would be considered in the context of the best interests of the child. Respite care would not feature in all placements, and would normally be included as part of the child's care plan if it is to be availed of during the placement. Where planned respite care is for a period of less than a week, then a pro-rata payment is made based on the foster care allowance for a full week.
416. Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs the total number of children and households availing of the after-school child care scheme. [14866/15]
Amharc ar fhreagra417. Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs the number of child care providers participating in the after-school child care scheme, by county. [14870/15]
Amharc ar fhreagraI propose to take Questions Nos. 416 and 417 together.
The total number of children and the number of parents availing of the After-School Childcare (ASCC) programme and the number of child care providers participating in the programme, as requested by the Deputy, are shown on the table.
After-School Childcare (ASCC) programme figures as at 9 April 2015.
|
CCC |
No of Children |
No of Parents |
No of Services with ASCC Contract. |
|
Carlow |
5 |
3 |
19 |
|
Cavan |
12 |
7 |
33 |
|
Clare |
8 |
7 |
44 |
|
Cork City |
5 |
5 |
23 |
|
Cork County |
14 |
7 |
75 |
|
Donegal |
15 |
10 |
46 |
|
Dublin City |
14 |
13 |
90 |
|
Dun Laoghaire Rathdown |
5 |
4 |
21 |
|
Fingal |
6 |
5 |
70 |
|
Galway |
14 |
12 |
97 |
|
Kerry |
11 |
9 |
50 |
|
Kildare |
15 |
12 |
61 |
|
Kilkenny |
4 |
3 |
35 |
|
Laois |
5 |
4 |
31 |
|
Leitrim |
6 |
5 |
9 |
|
Limerick |
11 |
8 |
35 |
|
Longford |
10 |
8 |
27 |
|
Louth |
7 |
6 |
40 |
|
Mayo |
5 |
5 |
38 |
|
Meath |
19 |
12 |
43 |
|
Monaghan |
6 |
5 |
25 |
|
Offaly |
1 |
1 |
20 |
|
Roscommon |
8 |
5 |
25 |
|
Sligo |
7 |
6 |
24 |
|
South Dublin |
17 |
13 |
64 |
|
Tipperary North |
3 |
3 |
31 |
|
Tipperary South |
3 |
3 |
23 |
|
Waterford |
15 |
9 |
21 |
|
Westmeath |
3 |
3 |
33 |
|
Wexford |
10 |
6 |
49 |
|
Wicklow |
3 |
3 |
15 |
|
National Figure |
267 |
202 |
1217 |
418. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs the provisions made to ensure that children in residential care, including in secure units, are receiving the education to which they are entitled; the guidelines applicable for the education provisions for these children; and if he is satisfied that all children in residential care are receiving a proper education. [13933/15]
Amharc ar fhreagraThe National Standards for Children's Residential Centres state that supervising social workers and centre management "ensure each young person in the centre has access to appropriate education facilities" and that where possible the social worker tries to continue the child's education in their own school. Educational assessment is part of the planning of a care placement for a child. The child's social worker is responsible for ensuring that the education needs of a child in care are addressed robustly in their care plan and that any specific needs for the child are clearly identified.
The provision of education facilities for children in residential care is made by the Department of Education and Skills, which may involve the local Education and Training Board. The education provision is subject to the monitoring and inspection regime of the Department of Education and Skills. These inspections take into account the circumstances of the school, including the varied experiences of its students. In relation to special care units, children resident in these units take part in a broad and balanced curriculum based on an assessment of need and appropriate to their level of ability and attainment.
In addition the Education and Welfare Service, which is now part of Tusla, the Child and Family Agency, supports regular school attendance for all school age children and young people. Where school attendance problems arise for a child, including a child in residential care, Tusla concentrates on finding solutions within a collaborative intervention framework involving children, families, schools and other relevant agencies.
It is well understood that education is being provided as a right and engagement in education has immediate benefits for a child's life as well as their transition into adulthood. While each individual case may present its own challenges, such as addressing sometimes significant gaps in education that have arisen, I understand that the participation rates in education for children in care are on a par with those seen in the wider community. It is clear that the partnership approach between Tusla and the Department of Education and Skills is ensuring that children in care have access to and do access education.
