Written Answers Nos. 138-150
138. Deputy Michael Healy-Rae asked the Minister for Justice and Equality further to Parliamentary Question No. 133 of 12 November 2015, if she will address same; and if she will make a statement on the matter. [40983/15]
Amharc ar fhreagraAs I have already informed the Deputy, the Minister for Public Expenditure and Reform, has brought forward the Financial Emergency Measures in the Public Interest Bill 2015. That Bill starts the process of the phased restoration of remuneration to public servants in accordance with the terms of the Lansdowne Road Agreement. Under that Agreement, the annualised amount of the basic salary of a public servant, including a member of An Garda Síochána, that is not greater than €65,000 shall, on and from 1 September 2017, be increased by €1,000.
The salary of a Garda is in general pensionable subject to the normal Garda superannuation terms and conditions. All things being equal a member who retires with full service in September 2017 will receive half the amount in question in their pension. Pensions and gratuities paid on retirement are based on factors which may vary from person to person, including length of service and their date of commencement of pensionable employment, and in these circumstances it is advised that individuals seek their own advice.
139. Deputy Eric Byrne asked the Minister for Justice and Equality the status of a proposal (details supplied) regarding racism; and if she will make a statement on the matter. [40997/15]
Amharc ar fhreagraThe proposal referred to is a follow up to a project supported by the European Integration Fund which is administered by Pobal on behalf of my Department.
I intend to have a call for applications for national funding for measures to promote the integration of migrants and combat racism and xenophobia shortly and the proposal can be considered in that context.
140. Deputy Robert Troy asked the Minister for Justice and Equality if she is satisfied that the Garda Síochána station in Edgeworthstown in County Longford is adequately staffed, given that in October 2015, one female garda was left to attend an aggravated burglary; that this garda could have been assaulted, overpowered or had an accusation made against her; if she considers this to be best practice; her views on this and on the number serving this district; and if she will make a statement on the matter. [41022/15]
Amharc ar fhreagraThe Deputy will be aware that the allocation of Garda resources, including personnel, is a matter for the Garda Commissioner, and that I as Minister have no direct role in the matter. Garda management will continue to keep this allocation of resources under continual review in the context of crime trends, demographics and policing priorities so as to ensure that the best use is made of Garda resources.
I am informed by the Garda Commissioner that there are 40 members attached to the Granard Garda District of which 10 are assigned to the Edgeworthstown Garda station. Every effort is made by local Garda management to ensure that Gardaí do not carry out patrols or attend incidents alone, but due to the operational nature of police work it is unavoidable that occasions will arise where this in not always possible.
I am further informed that on such occasions a 24-hour response and cover is provided by the Gardaí attached to the local District Headquarters at Granard. In instances where urgent assistance is required, members from the nearby Longford District and other Districts within the Roscommon-Longford Garda Division are also available to respond.
141. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a victim (details supplied); and if she will make a statement on the matter. [41028/15]
Amharc ar fhreagraFirstly, let me say how sorry I am to hear about the incident suffered by the individual referred to by the Deputy.
Support for victims of crime is at the forefront of the work of my Department. I welcome the coming into force of the European Union Victims Directive on 16 November. I believe that the Directive represents a significant change in the way that victims will be dealt with as they make their way through the criminal justice system. It provides for information to be given to victims from first contact with the criminal justice agencies. It provides for much additional information to be given in the course of the investigation and court process if the person opts in to receive that information. This is key to empowering victims.
The Directive also provides that victims of crime will be able to receive an individual assessment to identify victim’s specific protection needs; access victim support services; enjoy safeguards in the context of restorative justice services; access protection and enjoy privacy in the context of the criminal proceedings.
The criminal justice agencies, including An Garda Síochána, the Courts Service and the Office of the Director of Public Prosecutions, have been working to provide a service to victims in line with the standard set out in the Victims Directive.
I also secured an extra 21% for the 2016 budget to fund services to victims of crime via a scheme administered by the Victims of Crime Office in my Department which will assist those organisations in implementing the Directive.
As well as the administrative policies and procedures already put in place by various criminal justice agencies to give effect to the Directive, legislation to transpose the Victims Directive into Irish law is currently being drafted as a priority in the Office of the Parliamentary Counsel. The Bill is expected to be published shortly and it will be enacted as soon as possible after that.
In terms of the injuries received in circumstances of a criminal nature, I wish to inform the Deputy of the Criminal Injuries Compensation Tribunal which administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. The Tribunal considers applications from people who suffer a personal injury or death as a result of a crime of violence. Ex gratia compensation may be awarded on the basis of any vouched out of pocket expenses, including loss of earnings, experienced by the victim or, if the victim has died as a result of the incident, by the dependants of the victim. Further information and copies of the Scheme's application forms may found on my Department's website and can be accessed via the following website http://www.justice.ie/en/JELR/Pages/WP15000110.
With regard to the Deputy's question concerning the health services received by the individual concerned, my colleague, the Minister for Health, has arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy. If the Deputy has not received a reply from the HSE within 15 working days, he can contact the Minister for Health's Private Office and they will follow the matter up with the HSE.
Finally, I have asked the Garda Commissioner for a report in relation to the particular case referred to by the Deputy . I will reply further to the Deputy when that information becomes available.
142. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a matter (details supplied) regarding funding; and if she will make a statement on the matter. [41029/15]
Amharc ar fhreagraThe Deputy will be aware that my Department is responsible for providing funding to the Legal Aid Board. In this regard, €32.471m in funding was provided in 2015.
The Board operates 30 full-time and 12 part-time law centres across twenty six counties. In addition, the Board took on responsibility for the Family Mediation Service in November 2011, which had been under the auspices of the Family Support Agency up to that point. A key reason for this transfer was to improve the synergies between the State funded family mediation services and the State funded civil legal aid services (most of the demand for legal services is in the area of family law). Improving the synergies will be for the benefit of the customer and will help move away from a ‘litigation first’ approach that may on occasion be too common.
The Dolphin House initiative, set up in 2011, operating from the District Court in Dolphin House and involving a co-location of the Courts with a family mediation service and a law centre, has proven successful and was put on a permanent footing in 2014. Similar initiatives are now operating from Cork, Naas, Limerick, Clonmel and Nenagh. Integration of the Family Mediation Service into the Legal Aid Board has also meant an increase in the referrals from Law Centres to mediation in appropriate cases.
My Department also provided €98,000 in funding to the Free Legal Advice Centres Ltd (FLAC) in 2015. FLAC currently provides legal information and advice through the 21 centres it administers directly as well as an additional 49 centres run through Citizens Information Centres.
I recognise the value of the work that Community Law and Mediation are undertaking in the face of obvious financial pressures, and hope that this work will continue into the future.
In the context of the financial resources available to my Department and the various funding requirements across all areas of the Department, I am committed to allocating any additional resources that may become available towards the continuing funding of these bodies.
I recognise the value of the work that Community Law and Mediation are undertaking in the face of obvious financial pressures, and hope that this work will continue into the future.
143. Deputy Finian McGrath asked the Minister for Justice and Equality further to Parliamentary Question No. 423 of 8 April 2014, for an update on same; and if she will make a statement on the matter. [41030/15]
Amharc ar fhreagraIn my answer to the Deputy's original Question, I advised the Deputy that it would not be appropriate for me to make any further comment in relation to matters which would be addressed in the context of the Commission of Investigation.
As the Deputy is aware the Commission of Investigation has not concluded its work. Accordingly the position remains unchanged.
144. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she is aware of video footage from a protest (details supplied) in Gorey in County Wexford which indicates excessive use of a baton by a member of An Garda Síochána; and if she will make a statement on the matter. [41042/15]
Amharc ar fhreagraI understand that the Garda Síochána Ombudsman Commission (GSOC) has decided to open a public interest investigation into the incident referred to by the Deputy in accordance with section 102(4) of the Garda Síochána Act 2005.
The Garda Síochána Act 2005 established GSOC to deal with complaints concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is independent in the performance of its functions.
Accordingly, it would not be appropriate for me to comment in any way on the incident or the GSOC investigation.
145. Deputy Michael McGrath asked the Minister for Justice and Equality the number of occasions to date in which a bank veto in a personal insolvency case has been overturned by the courts since the passing of legislation earlier in 2015; and if she will make a statement on the matter. [41063/15]
Amharc ar fhreagraThe Deputy will be aware that I signed a Commencement Order in September 2015 bringing into immediate effect the provisions of the Personal Insolvency (Amendment) Act 2015 which did not require changes to Rules of Court. However, changes are required to the Rules of the Circuit Court and Superior Courts before the Act’s remaining provisions can come into effect.
One of those provisions, and the one relevant to the Deputy’s question, is section 21 which inserted section 115A into the Personal Insolvency Act 2012 and provides for court review of a proposed Personal Insolvency Arrangement rejected by creditors. The Deputy will appreciate that, because the provision has yet to be commenced, there have been no rejected Personal Insolvency Arrangements submitted to the courts for review.
I am pleased to inform the Deputy that the relevant Rules of Court have been signed and I expect to sign the Commencement Order this week for all the remaining provisions of the Personal Insolvency (Amendment) Act 2015, including section 21.
146. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the residency, long-term residency and eligibility for naturalisation of a person (details supplied) in County Cork; and if she will make a statement on the matter. [41066/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order signed on 18 November 2009 and therefore has no entitlement to residency in the State.
The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State.
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.
147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 145 of 1 October 2015, and the case of a person (details supplied) in County Galway, the extent to which that person's correspondence has been processed given that the person did not receive a letter as indicated at that time; if further information is outstanding; if a temporary travel document will issue to the person to facilitate a compassionate visit to the person's homeland in the interim; and if she will make a statement on the matter. [41068/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application the Deputy is referring to is currently under consideration and documentation which was received from the Deputy, on their behalf in August 2015, is part of this process.
With regard to travel documents, INIS advises me that in exceptional cases an application for 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.
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 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 Parliamentary Question 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.
148. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 130 of 8 October 2015, the extent to which an original passport from a person's homeland will be waived in the context of an application for naturalisation by a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [41069/15]
Amharc ar fhreagraAs the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I advised the Deputy, in my response to his Parliamentary Question 130 of 8 October 2015, that if the person concerned required additional time to respond to a request to provide her current passport then this would of course be facilitated. Consideration will however be given of her reasons for not being in a position to provide the requested document, following which further contact will be made with the person concerned.
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.
149. Deputy Bernard J. Durkan asked the Minister for Justice and Equality notwithstanding previous correspondence on the matter, if the case of a person (details supplied) in County Kildare will be reviewed on humanitarian grounds; and if she will make a statement on the matter. [41070/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order.
However, if new information or circumstances have come to light, which has a direct bearing on her case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) to revoke the Deportation Order. However I wish to make clear that such a request would require substantial grounds to be successful. In the mean-time, the Deportation Order remains valid and in place.
The person concerned has been evading deportation since 21st February, 2012 and, as such, is liable to arrest and detention for the purposes of having the Deportation Order enforced. The person concerned should, therefore, 'present' to the Garda National Immigration Bureau 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.
150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality arising from the reply to a previous parliamentary question, if favourable consideration will be given to the case of a person (details supplied) in Dublin 22; and if she will make a statement on the matter. [41073/15]
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 2nd July 2012 and therefore has no entitlement to residency in the State. Judicial Review proceedings were issued on 26th July 2012 challenging the Deportation Order. The Deputy will appreciate that it would be inappropriate for me as the Respondent in the legal proceedings before the High Court to in any way engage with what might happen in the event that the person were to withdraw those proceedings. Any decision to terminate legal proceedings is a matter for the person themselves.
I should remind the Deputy that 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 through the more expensive Parliamentary Questions process.
