Written Answers Nos. 526-545
526. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress, to date, in determining an application pursuant to section 3(11) of the Immigration Act, 1999 (as amended), in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [21244/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 3rd May 2012.
The effect of a Deportation Order is that the person concerned must leave the state and remain thereafter outside the State. The enforcement of Deportation Orders is an operational matter for the Garda National Immigration Bureau.
Representations were received on behalf of the person concerned from the Deputy, asking that the Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
527. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality if she will report on changes to be made in the Garda National Immigration Bureau, to end long queues outside its office on Burgh Quay in Dublin 2; and if she will make a statement on the matter. [21258/15]
Amharc ar fhreagra531. Deputy Niall Collins asked the Minister for Justice and Equality the steps she is taking to remedy the long queues and delays at the Garda National Immigration Bureau offices for both Bureau cards and multi-entry visas, that begin as early as 4:00 am; and if she will make a statement on the matter. [21431/15]
Amharc ar fhreagraI propose to take Questions Nos. 527 and 531 together.
The Public Office situated at Burgh Quay, Dublin 2 provides services to non-national persons to obtain permission to remain in the State and to register their presence in the State in accordance with the Immigration Act, 2004. This office provides those services to non-nationals who are resident in the Dublin Metropolitan area. This service is currently run by the Garda National Immigration Bureau (GNIB), An Garda Síochána.
The Visa section of the Irish Naturalisation and Immigration Service (INIS), Department of Justice & Equality also operate from this office to issue re-entry visas to non nationals travelling outside the State who require such a visa to return to the State.
In relation to the visa services provided, the Deputies will be aware. that there was, during December last, an unprecedented level of demand for re-entry visas – well above volumes of previous years - which led to long queues forming. Decisive immediate action was taken with significant additional resources re-deployed to the re-entry visa office with the result that by the end of the first week in December all persons who came to the public office were dealt with on the same day.
To avoid a recurrence of such unexpected demand and queues developing, I asked my officials to bring forward their proposals for the introduction of an on-line appointment service for the re-entry visa process. Design of the system is at an advanced stage and is expected to be in place shortly. I should reiterate that applications for re-entry visas may be made by post so there is no necessity to attend at the public office and I would urge applicants to make as full use of this service as possible.
Extensive arrangements in place to deal with demand at Burgh Quay office which is one of the busiest public offices in the State with approx 130,000 people per annum attending in person at the office. Specifically, in relation to the GNIB The GNIB public office is one of the busiest in the State and at its peak period from September to mid November, when student registrations are at their highest, it will process up to 500 persons per day. Special arrangements are put in place in September, October and November to facilitate the registration of students in major public and private colleges. Periods of time in these months are set aside in the public office of the Garda National Immigration Bureau (GNIB), specifically for registration of students.
The GNIB personnel who are employed there operate a shift system, which ensures it is open 13 hours a day from 8am to 9pm each Monday to Thursday and 8am to 6pm each Friday (excluding bank holidays) and remains open through lunchtime. A numbered ticket issuing system is operated at this registration office, thus ensuring those attending are dealt with on a 'first come first served’' basis. In addition those attending are advised of the approximate time that they will be dealt with, which allows them to leave the office and return later in the day, if they so wish. A GNIB officer is also deployed to meet with each non national on arrival at the office to ensure that they are in possession of all of the necessary documentation that is required for registration, so that delays are avoided. Last year the office opened on some Saturdays to deal with the high level of demand in the autumn peak. In recent weeks the Garda National Immigration Bureau with the assistance of the Garda Press Office has established an alert on the "latest news" section on the home page of the Garda Síochána Website for the purpose of assisting persons who are required to attend at Burgh Quay for registration. On three separate occasions during each day an alert is posted on the Garda Website alerting persons to the number of available tickets remaining at Burgh Quay.
Tickets are not issued to non-nationals whose registration relates to their presence in Ireland for study related purposes, until after 9am so as to facilitate those non-nationals whose permission to reside in the State is work related and who attend at the office between 8am and 9am. The Garda National Immigration Bureau endeavours to provide a 'same day service', for non-nationals who pay the required fee for a 'registration certificate' by way of Debit/Credit card. A person paying the said fee by way of 'bank giro' is required to return to the registration office on another day when the said payment has been verified, for the purpose of being issued with a registration certificate. Otherwise, a situation where a non-national is required to attend at the registration office on a second day will usually arise only where he/she attends at the office at a time of the day when a significant number of persons availing of the registration service who have arrived earlier in the day, have yet to be attended to.
It is a requirement of the registration function that persons seeking to register present in person to their local registration office. This is necessary for establishment of identity and as an anti-fraud measure and is the practice of immigration services worldwide. The registration process includes an interview with the person, the examination of relevant documentation, photographing and biometric capture and the issuing of a registration certificate. It also includes the placing of the appropriate permission to remain endorsement on the passport of the person concerned. It should also be noted that for most persons, renewal of their registration is at most a yearly requirement and that for the majority of customers the GNIB provides a same day service at its Burgh Quay office.
As I indicated in earlier replies on this matter, it is my intention to transfer the registration of non nationals from An Garda Síochána to the Irish Naturalisation and Immigration Service. This work is underway and it is also intended to develop customer services such as on-line booking systems to ensure greater certainty for the customer.
I place a high value on customer service and both GNIB and INIS will continue to examine and introduce any practical changes to improve the customer experience and to ameliorate demand. Naturally, any public office operates with a fixed capacity and at particularly busy periods and not withstanding any arrangements put in place, there may be occasions when, based on the numbers seeking to register and estimated processing times, processing capacity is reached for that day; persons attending beyond that point will be asked to return at another time. In such circumstances GNIB & INIS manage demand on the day in a sensible, proactive and safe manner. There is no necessity for people to queue outside of office opening hours.
528. Deputy Michael McGrath asked the Minister for Justice and Equality the position regarding the Criminal Law (Sexual Offences) Bill 2014; when the Bill will be enacted; and if she will make a statement on the matter. [21299/15]
Amharc ar fhreagra556. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality her plans to publish the Criminal Law (Sexual Offences) Bill 2015 before the summer recess; and if she will make a statement on the matter. [21729/15]
Amharc ar fhreagraI propose to take Questions Nos. 528 and 556 together.
On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The Bill will provide for new offences of purchasing, in the context of prostitution, sexual services. It also 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.
As the Deputies will appreciate, this is a complex and detailed piece of legislation addressing a number of sensitive issues. The Bill is priority legislation and is currently being drafted, with a view to publication in this parliamentary session.
529. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in Dublin 7 who is eight years living here; and if she will make a statement on the matter. [21342/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter granting permission to remain for a period of four months issued to the person referred to by the Deputy in November 2014 to afford them the opportunity to apply for a work permit in the State. However, they failed to register this permission with the Garda National Immigration Bureau.
In the letter that issued to that person in November, they were informed that failure to register promptly would be considered a failure to comply with the laws of the State and may, in itself, constitute a ground for revoking the permission to be in the State.
A letter to this effect again issued to this person on 3 June 2015.
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.
530. Deputy Robert Troy asked the Minister for Justice and Equality the qualifying criteria for persons availing of free legal aid; if she has considered putting a limit on the number of times persons can avail of same for repeat criminal offences. [21372/15]
Amharc ar fhreagraThe Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a Constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a Constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
532. Deputy Pat Deering asked the Minister for Justice and Equality when a decision on an urgent Garda vetting application will be made in respect of a person (details supplied) in County Carlow. [21435/15]
Amharc ar fhreagraI am informed by the Garda Authorities that a vetting application in respect of the person referred to was received by the Garda Central Vetting Unit on 28 May 2015. Once completed the application will be returned to the registered organisation concerned.
In general, Garda Vetting applications are processed on a first-come, first-served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects.
The current average processing time for vetting applications is four weeks. However, in some instances additional enquiries may be necessary and this may result in processing times in excess of the average.
533. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the Health Information and Quality Authority report on the provision of child welfare services for children in direct provision centres; the steps she will take following the report; and if she will make a statement on the matter. [21442/15]
Amharc ar fhreagraThe recently published Health Information and Quality Authority (HIQA) report on the provision of child welfare services for children in direct provision centres is not an examination of the direct provision system, but rather concerns itself with the handling by the Child and Family Agency - Tusla - of child referral cases in respect of children in that system. The Report was carried out under the National Standards for the Protection and Welfare of Children and section 8(1)(c) of the Health Act 2007.
The Reception and Integration Agency (RIA) of my Department is responsible for the operation of the direct provision system of accommodation for protection seekers. The issue of child protection is one that RIA take very seriously. It has a dedicated Child and Family Services Unit which is headed up by an official seconded from the HSE / Tusla. This Unit acts as a conduit between RIA and Tusla, the latter having statutory functions in this area. RIA has a well established Child Protection Policy which is based on the Tusla's 'Children First - National Guidelines for the protection and welfare of children' and this policy was agreed in cooperation with Tusla. All centres have designated Child Protection Liaison Officers and all staff of centres under contract to RIA are Garda vetted.
Notwithstanding that the recommendations in the Report are directed to Tusla, both that body and RIA are engaging in relation to its findings and both are committed to working together to improve services for children and families in direct provision. An action plan has been prepared by Tusla in response to the recommendations set out in the report.
This HIQA report will also inform the Government's consideration of the recommendations of the Independent Working Group set up late last year to report to Government on what improvements should be made to the protection process, including Direct Provision and supports for asylum seekers. I understand that the Group, which is chaired by former High Court Judge, Dr. Bryan McMahon, will submit its report to me in the next few weeks.
534. Deputy Derek Nolan asked the Minister for Justice and Equality her plans to set up a task force to deal with anti-social behaviour in housing estates; and if she will make a statement on the matter. [21454/15]
Amharc ar fhreagraThe Deputy will appreciate that the policing response to anti-social behaviour is a matter for the Garda authorities in the first instance. In this regard, An Garda Síochána continues to implement a range of strategies based on existing legislation and enhancing partnerships with local communities.
A range of strong legislative provisions are available to an An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. There are also the incremental provisions contained in the Criminal Justice Act 2006 which provide for warnings and civil proceedings in relation to anti-social behaviour by adults and Part 13 of the Act which provide for warnings, good behaviour contracts and civil proceedings in relation to anti-social behaviour by children.
An Garda Síochána places great emphasis on the importance of the partnership between local Gardaí and the community and the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Within this framework, An Garda Síochána continues to tackle local crime issues including public disorder and anti-social behaviour by working with communities and business groups, to reduce crime and enhance community safety. This approach includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour and related criminality. I am advised that there is a community policing team in each Garda District.
Insofar as the question of establishing additional task forces or other structures are concerned, I would point the Deputy to the existing structures, both formal and informal, for local cooperation and problem solving in relation to crime and community safety issues. In particular, the Joint Policing Committees (JPCs) provide a forum for the development of strategic responses on issues such as anti-social behaviour, in cooperation with the local authority and the elected members for the area as well as community representatives. New guidelines published in August last year specifically require JPCs to take a strategic and coordinated approach in developing their plans to address issues of local concern, including issues along the lines referred to by the Deputy.
535. Deputy Seán Kenny asked the Minister for Justice and Equality if she will provide funding for the purchase of extra mountain bikes for An Garda Síochána; when the force last received new mountain bikes; and if she will make a statement on the matter. [21478/15]
Amharc ar fhreagraDecisions in relation to the provision and allocation of policing resources, including Garda transport, are an operational matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
In that context I am informed by the Garda authorities that based upon operational priorities it is currently not envisaged that additional Garda mountain bikes will be purchased this year. Mountain bikes were last purchased in 2008. However, the matter is being kept under review.
I am further advised that the allocation of resources at both Divisional and District level, including the deployment of Garda mountain bikes, is subject to ongoing analysis and review.
536. Deputy Seán Kenny asked the Minister for Justice and Equality her plans to have a Garda youth diversion project for an area (details supplied) in Dublin 13. [21479/15]
Amharc ar fhreagraMy Department has responsibility for the Community Programmes Unit of the Irish Youth Justice Service (IYJS) which manages the Garda Youth Diversion Project (GYDP) network nationwide.
I was pleased to announce, on the 15th May last, the allocation of the first tranche of Dormant Accounts Action Plan funding which includes funding to expand and enhance the GYDP service. Grants will be provided to support the opening of 10 new GYDPs nationwide, thereby increasing the total number of GYDPs in operation to 110. In addition, grants will be provided to support the recruitment of additional staff to 16 existing Garda Youth Diversion Projects in order to respond to higher levels of youth crime or to expand the geographical remit of a project. The specific locations for the new projects and staff are available on my Department's website. This new funding will support efforts by my Department and An Garda Síochána to reduce youth crime.
Significant additional support has been allocated to the Garda Youth Diversion Programme in the Garda Dublin Metropolitan Region Northern Division including the establishment of 3 new GYDPs and the provision of two additional Youth Justice Workers to existing projects.
Community Programmes, IYJS are currently working with the National Garda Youth Diversion Office and local Garda Management in structuring these new supports to include access to these services to young people in the specific area referred to by the Deputy.
537. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will address an issue (details supplied) regarding visa policy; and if she will make a statement on the matter. [21492/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the Dublin Visa Office responded with a comprehensive reply to a query submitted to the 'Oireachtas Mail' dedicated e-mail facility on 26 May 2015, outlining the type of visas which could be applied for based on the information that was provided.
It is open to a visa-required national to make a visa application for any purpose; the onus resting with the applicant to satisfy the visa officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be included with their application.
Where the stated purpose of the application is to marry in Ireland, it is advisable to provide evidence of that intention in the form of an acknowledgement from the Registrar. The applicant must show evidence of their relationship with their prospective spouse. The list of documents required are attached on the INIS website at www.inis.gov.ie. The appropriate type of visa is a short stay visa under which the maximum stay allowed is 90 days.
As with all applications for short stay visas, the applicant must show that they have sufficiently strong family, social or economic ties to a place of residence in a country other than Ireland to assure the visa officer assessing the application that the projected stay in Ireland will be temporary and in accordance with the duration and the conditions of the permission granted by the immigration authorities on arrival in Ireland.
Where the stated purpose of the application is to join family in Ireland, the comprehensive statement of national immigration policy on the area of family reunification contained in the Policy Document on Non-EEA Family Reunification was published on 31 December 2013. This outlines the policies that apply to all decision making in relation to family reunification cases.
The financial consideration for the Join Family visa where the sponsor is an Irish Citizen states that an Irish Citizen must not have been totally or predominantly reliant on benefits from the Irish State for a continuous period in excess of two years immediately prior to the application and must over the 3 year period prior to the application have earned a cumulative gross income over and above any State benefits of not less than €40,000.
Declared and verified savings by the sponsor or the applicant may be taken into account in assessing cases. It is not proposed that the Family Reunification determinations should be purely financial assessments. Nevertheless, the State cannot be regarded as having an obligation to subsidise the family concerned and the sponsor must be seen to fulfil their responsibility to provide for his family if they are permitted to come to Ireland.
Guidelines on the visa application process can be found on the INIS website (www.inis.gov.ie). It should be borne in mind, however, that the information contained on the website is intended to act as guidance only; it does not limit the discretion of the visa officer in dealing with individual applications.
Queries in relation to general immigration matters 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 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.
538. Deputy Peadar Tóibín asked the Minister for Justice and Equality following the passing of the marriage equality referendum, if she will confirm the earliest date by which same-sex couples will have civil marriage available to them; and if a same-sex couple is registered for a civil partnership to take place in August, if the couple's partnership will be automatically transferred to a civil marriage, in the event that civil marriage is not available for same-sex couples until a later date. [21498/15]
Amharc ar fhreagraSubject to the Constitution, I am prioritising the publication of the Marriage Bill 2015 with a view to its enactment before the summer recess and early commencement. My aim, if possible, is that all the necessary legal provisions to make civil marriage available to same-sex couples would be in place in August. The policy intention, made clear in the Heads of Bill published on 9 March, is that where a couple have made a notification or completed a civil partnership registration form for a date after commencement, they will be able instead to have that notification deemed to apply to a marriage, and they may complete a marriage registration form. This will not be an automatic process, but officials from the civil registration service will, in the coming weeks, be contacting couples to ensure they are aware of the option should they wish to avail of it.
Civil partnerships will not be automatically converted into civil marriages, because it is a change in status and cannot be imposed without the full, free and informed consent of the parties. Civil partnered couples who wish instead to marry may do so through the normal procedures applying to a civil marriage.
539. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais cé na bearta atá á ndéanamh ag a Roinn chun an pobal a chur ar an eolas faoi na seirbhísí i nGaeilge atá ar fáil ón Roinn agus ó na heagraíochtaí atá faoi choimirce na Roinne; agus an ndéanfaidh sí ráiteas ina thaobh. [21527/15]
Amharc ar fhreagraDéantar socrú le halt 11 d'Acht na dTeangacha Oifigiúla, 2003, maidir le comhlachtaí poiblí d'ullmhú scéime reachtúla ina sonraítear, inter alia, na seirbhísí a sholáthróidh siad trí mheán na Gaeilge. Thosaigh Scéim Thionscnaimh Ghaeilge na Roinne Dlí agus Cirt agus Comhionannais le héifeacht ón 30 Meitheamh, 2006, ar í a bheith daingnithe ag Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an ama sin. I gCaibidil 6 den Scéim sin, cuirtear síos mar a leanas ar phoibliú na Scéime Comhaontaithe:
'Déanfar ábhar na scéime seo, mar aon le gealltanais agus forálacha na scéime, a phoibliú ar na modhanna seo a leanas:
- Preaseisiúint;
- Seoladh oifigiúil na scéime;
- Fógraíocht phoiblí maidir leis an scéim a bheith ar fáil;
- Scaipeadh ar na gníomhaireachtaí agus na comhlachtaí cuí;
- Láithreán Gréasáin na Roinne; agus
- "Fáinne" na Roinne.
Cuireadh cóip den Scéim ar aghaidh go dtí Oifig an Choimisinéara Teanga agus tugadh cóipeanna di freisin do na daoine agus do na heagraíochtaí sin a chuir aighneachtaí ar aghaidh chuig an Roinn, lena n-áirítear Conradh na Gaeilge agus Comhdháil Náisiúnta na Gaeilge.
Ina theannta sin bhí oifigigh ó na comhlachtaí agus na heagraíochtaí Gaeilge sin ar dhaoine den phobal ar tugadh cuireadh dóibh i gcaitheamh na mblianta chuig imeacht – agus, i gcásanna áirithe, a ghlac páirt in imeacht – a d'eagraigh mo Roinnse gach bliain le tamall de bhlianta anuas chun ceiliúradh a dhéanamh ar Sheachtain na Gaeilge sa Roinn agus chun an Ghaeilge a chur chun cinn i measc bhaill foirne na Roinne.
Féach http://www.justice.ie/ga/JELR/Pages/WP13000260 le haghaidh Scéim thionscnaimh Ghaeilge na Roinne. Tá Dréacht-Scéim nua curtha ag mo Roinn go dtí an Roinn Ealaíon, Oidhreachta agus Gaeltachta lena daingniú ag an Aire Ealaíon, Oidhreachta agus Gaeltachta.
Tá comhlachtaí ar nós an Garda Síochána, an tSeirbhís Chúirteanna agus Seirbhís Phríosúin na hÉireann, mar aon le 17 gcomhlacht eile san Earnáil Cheartais agus Chomhionannais, liostaithe mar Chomhlachtaí Poiblí sa Chéad Sceideal a ghabhann le hAcht na dTeangacha Oifigiúla, 2003, agus iad freagrach as Scéim ar leithligh a ullmhú. Bhí an tSeirbhís Chúirteanna ar cheann de na chéad chomhlachtaí poiblí a d’fhoilsigh Scéim faoin Acht. Déantar an leagan Gaeilge de Rialacha Cúirte a chuireann mo Roinnse ar fáil a fhoilsiú ar láithreán gréasáin na Seirbhíse sin, www.courts.ie.
Tá Plean Forfheidhmithe na Roinne Dlí agus Cirt agus Comhionannais faoin Straitéis Fiche Bliain don Ghaeilge 2010 – 2030, ar a n-áirítear Plean Forfheidhmithe an Gharda Síochána, mar aon le Tuarascáil ar Dhul Chun Cinn idir Iúil 2013 agus Meán Fómhair 2014, ar fáil ar láithreán gréasáin na Roinne
(http://www.justice.ie/ga/JELR/Pages/AnStraiteis20Bliain).
540. Deputy David Stanton asked the Minister for Justice and Equality further to Parliamentary Question No. 508 of 26 May 2015, if the reformed and consolidated Domestic Violence (Amendment) Bill 2014 will contain a definition of the offence of domestic violence; and if she will make a statement on the matter. [21549/15]
Amharc ar fhreagraIt is my intention to seek Government approval for the publication of the general scheme of a consolidated and reformed domestic violence Bill shortly. When it is published it will be referred to the Oireachtas Joint Committee on Justice, Defence and Equality for pre-legislative scrutiny. I do not wish to pre-empt that publication by discussing the detailed content of the general scheme.
The issue of defining an offence of domestic violence has been the subject of detailed and careful consideration in my Department. It has also been the subject of recommendations by a number of groups, including, the Oireachtas Joint Committee on Justice, Defence and Equality, and SAFE Ireland, the umbrella group for domestic violence services and refuges. On the one hand the definition of a specific criminal offence of domestic violence has the potential to send a signal to the criminal justice system and to perpetrators. On the other hand such a definition raises a number of practical difficulties and could give rise to unintended consequences. I would not want a situation to arise whereby such a definition might raise practical difficulties and/or give rise to consequences which might worsen the position of victims generally.
541. Deputy David Stanton asked the Minister for Justice and Equality the policy of An Garda Síochána in relation to domestic violence; the specific training provided to gardaí to assist them in responding to incidents of domestic violence; if they advise all parties involved in domestic violence incidences as regards their rights in relation to safety and protection orders; and if she will make a statement on the matter. [21550/15]
Amharc ar fhreagraI have been informed by the Garda Commissioner that the detailed information in relation to An Garda Síochána Policy on Domestic Violence Intervention is published on the Garda Website (www.garda.ie) website at: http://garda.ie/Documents/User/Domestic%20Violence%20policy%2023.11.10.pdf.
This policy is currently under review and the new policy will be published on completion of the review.
Currently, the Garda Síochána Policy on Domestic Violence Intervention outlines that all victims of Domestic Violence, irrespective of relationship type, will have their complaint of domestic violence investigated and in addition, the investigating member of An Garda Síochána should ensure that the victims are fully informed of the legal redress available to them through the civil courts.
One of the central features evident in incidents of domestic violence is the need for co-ordination of Garda work with that of other relevant services in that area, both statutory and voluntary which may be of assistance and provide support.
Members of An Garda Síochána receive training in relation to the investigation and policy of An Garda Síochána on Domestic Violence at the Garda College, Templemore as part of their training prior to allocation to a Garda Station.
542. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to introduce a criminal justice inspectorate similar to that in place in the North of Ireland, as recommended by the Oireachtas Joint Committee on Justice, Defence and Equality. [21626/15]
Amharc ar fhreagraInspection of criminal justice functions is currently undertaken by a number of agencies. The Garda Síochána Inspectorate and the Inspector of Prisons have a significant role as independent bodies charged with the inspection of An Garda Síochána and the Prisons Service respectively.
The Oireachtas Committee's recommendation was made in the context of the Committee’s Report on the Review of An Garda Síochána Act 2005. The possible establishment of a criminal justice inspectorate, which would have a remit covering the entire justice sector, is being considered my Department. Consultations with the relevant agencies are ongoing, together with a review of the relevant legislation.
543. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding the Mediation Bill 2012; and if she will make a statement on the matter. [21632/15]
Amharc ar fhreagraThe Mediation Bill will introduce an obligation on solicitors and barristers to advise any person wishing to commence legal proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative or at the request of a party to the proceedings, invite all the parties to consider mediation as an alternative means of resolving the dispute and suspend the proceedings to facilitate that process.
The Mediation Bill is currently being drafted in the Office of the Parliamentary Counsel. While it is not possible to give a specific date for publication of the Bill at this stage, I intend to proceed quickly with enactment of the Bill following its publication later this year.
544. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a travel document will issue to facilitate a humanitarian visit to a person's mother in their country in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [21652/15]
Amharc ar fhreagraThe Irish Naturalisation and Immigration Service (INIS) of my Department advise me that in exceptional cases an application for an Irish temporary travel document may be considered in respect of qualifying non Irish nationals who are resident in Ireland. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State.
I am advised by the INIS that no application for a temporary Irish Travel document has been received in the Travel Document Unit in respect of the person concerned.
Full information on Travel Documents and the applicable application form is available on the INIS website at www.inis.gov.ie.
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.
545. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress, to date, in determining an application for residency, on the grounds of family dependency on an Irish national, in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [21682/15]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy first entered the State on 20 April 2005 and first registered on Student conditions on 17 May 2006. This permission expired on 13 November 2006. This person returned to Brazil on 14 April 2009. Records indicate that this person returned to the State on 16 August 2010 and registered on Student conditions on 11 October 2010. This permission expired on 15 August 2011. If this person has been present in the State since that date they have been unlawfully present. This would be in breach of Section 5(1) of the Immigration Act 2004 which provides that no non-national may be in the State other than in accordance with the terms of any permission given to him or her by or on behalf of the Minister. Furthermore Section 5(2) of the Act provides that a non Irish national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
The person concerned made an application to my Department, on 10 April 2015, for a change of status in the State. Applications are dealt with in chronological order and my Department will be in contact with this person in the coming weeks regarding further information required.
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.
