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Thursday, 16 Jun 2016

Written Answers Nos. 37 - 47

Electricity Transmission Network

Ceisteanna (37)

Brendan Smith

Ceist:

37. Deputy Brendan Smith asked the Minister for Communications, Energy and Natural Resources the outcome of discussions he has had with EirGrid on major projects it proposes to undertake over the next few years; and if he will make a statement on the matter. [16157/16]

Amharc ar fhreagra

Freagraí scríofa

EirGrid is the designated Transmission System Operator and its role includes the operation, maintenance and development of the electricity transmission network in Ireland. As detailed in the Government Policy Statement on the Strategic Importance of Transmission and Other Energy Infrastructure, the Government does not seek to direct EirGrid in the development of energy infrastructure to particular sites or routes or technologies.

My officials have briefed me on EirGrid's grid development programme and I intend to request a more comprehensive briefing from EirGrid on their grid development programme in the near future. Details of current projects are available on its website www.eirgrid.ie and include: North South, Grid West, Grid Link, Celtic Interconnector, Laois-Kilkenny, West Dublin and Knockraha. EirGrid have confirmed to me that they will be happy to brief the Deputy directly on any or all of their current projects should he so wish.

Hydraulic Fracturing Policy

Ceisteanna (38)

Mick Barry

Ceist:

38. Deputy Mick Barry asked the Minister for Communications, Energy and Natural Resources his views on the campaign of opposition to the exploratory hydraulic fracturing taking place at Woodburn Forest in Carrickfergus, County Antrim, and reports that the companies involved in hydraulic fracturing have expressed an interest in performing similar explorations in County Leitrim. [16115/16]

Amharc ar fhreagra

Freagraí scríofa

Applications to carry out exploration and production activities in jurisdictions outside of the Republic of Ireland are a matter solely for the authorities in such jurisdictions and other than statutory transboundary consultation, the Irish authorities have no role in the consideration of such applications.  

On the broader question relating to unconventional gas exploration and extraction in this jurisdiction, in coming to a view whether the use of this technology could be permitted in Ireland, it was considered necessary in the first instance to establish if this technology could be carried out in a manner that would not negatively impact on the environment and human health. Having consulted publicly on the terms of reference for a research programme, the issues identified on foot of this process have been included in the scope of the research programme being administered by the Environmental Protection Agency (EPA) with oversight from a broad based Steering Committee that includes my Department.

The Steering Committee took the view at the beginning of 2016 that it was an appropriate time to reflect on the overall timeline for the delivery of the research. The Steering Committee has agreed a revised scope of work to combine all of the work carried out to date into a meaningful synthesis report, which will be published once concluded. It is anticipated that this report will be published by year end.

No application to engage in Unconventional Gas Exploration and Extraction has been received in the Department, nor would any such application, if submitted, be considered until the research programme has concluded and there has been time to consider the findings of the synthesis report. Any policy decision will be taken in the context of the objective of achieving a low carbon energy system by 2050.

Property Registration Authority Administration

Ceisteanna (39)

Peadar Tóibín

Ceist:

39. Deputy Peadar Tóibín asked the Tánaiste and Minister for Justice and Equality if there are enough resources to staff the land registry process in registering rights of way (details supplied). [16422/16]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that rights of way can be created in grant by deed (between the owner of the subject land and the owner of the land intended to benefit from the right) or the right can be shown to have been acquired by prescription. Prescription is the acquisition of such rights by user as of right over a substantial period of time. The Land and Conveyancing Law Reform Act, 2009 as amended by the Civil Law (Miscellaneous Provisions) Act, 2011 provides for a scheme of registration of easements and profits à prendre acquired by prescription to be made directly to the Property Registration Authority under Section 49 (A) of the Registration of Title Act 1964.

I am assured by the Property Registration Authority that it has sufficient staff resources to deal with registration of prescriptive easements. It should be noted that these are complex applications that require a full case to be made out by the applicant for the right to be registered in his/her favour. Certain proofs are required and notices must be served on all interested parties so the process can take some time.

In the particular case referred to by the Deputy, such an application was lodged in the Property Registration Authority in August 2014 and queries were subsequently raised with the lodging solicitor. I am advised by the Authority that there is one outstanding matter which needs to be clarified with the lodging solicitor. A letter has issued to the lodging solicitor in relation to this matter and a reply is awaited before the case can proceed.

General Register Office

Ceisteanna (40, 56)

Catherine Murphy

Ceist:

40. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the form and procedures a person must follow in registering an international divorce on an Irish registered marriage which was the subject of a divorce in Australia (details supplied); and the procedures a person must follow in dealing with the births, deaths and marriages office. [16546/16]

Amharc ar fhreagra

Catherine Murphy

Ceist:

56. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the procedures a person must follow in registering an international divorce on an Irish registered marriage which was the subject of a divorce in Australia (details supplied). [16547/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 40 and 56 together.

The recognition in Ireland of a divorce granted in Australia will be governed by the Domicile and Recognition of Foreign Divorces Act 1986 which sets out the circumstances in which a divorce granted in a jurisdiction outside of Ireland will be recognised. However, I am not in a position as Minister to give legal advice in response to a Parliamentary Question on the question of whether a specific foreign divorce is entitled to recognition in Ireland under the 1986 Act. The person concerned should take legal advice on the matter. Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State. Matters relating to the registration of births are governed by the Civil Registration Act 2004, as amended, which falls under the remit of the Minister for Social Protection.

Drugs in Prisons

Ceisteanna (41)

Jack Chambers

Ceist:

41. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of the programme of mandatory drug testing in prisons; and if she will make a statement on the matter. [16384/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Prison Service that the formal mandatory drug testing of prisoners ceased in 2013. The programme ceased as it was limited in respect of the type of drugs which could be detected in the tests. As such these tests were not offering value for money or the operational outcomes needed by the prison service. Limited targeted drug testing of prisoners has continued for medical and operational reasons.

I am further advised by the Irish Prison Service that consideration is being given to the introduction of a new drug testing scheme for the purposes of assisting in sentence management decisions. This testing will assist the Prison Service in making decisions as to the suitability of certain prisoners for Temporary Release, enhanced remission and transfer to Open Centres.

Forensic Science Ireland Laboratory

Ceisteanna (42)

Jack Chambers

Ceist:

42. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the average turnaround times for cases submitted to the forensic science laboratory; the funding allocated to it in each of the years 2006 to 2016 to date, in tabular form; the personnel numbers attached to it; and if she will make a statement on the matter. [16386/16]

Amharc ar fhreagra

Freagraí scríofa

Forensic Science Ireland (FSI) provides the Garda Síochána with up to date services in forensic science, including in the area of drugs and DNA analysis. I recognise the very significant part Forensic Science Ireland plays within the criminal justice system, including its vital role in providing evidence for the courts. There is no doubt that this work has been invaluable to the successful detection and prosecution of many serious offences over recent decades and will continue to be so. Moreover, the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 provided for the establishment and operation of the DNA Database, which is hosted by FSI. The database provides An Garda Síochána with a source of high quality intelligence that facilitates better targeted criminal investigations.

My Department and FSI work in partnership to ensure that the service is fit for purpose. The following table sets out the position regarding personnel numbers and funding for FSI for the period 2006-2016.

Year

Non-Pay (000)

Pay(000)

Staff numbers

2016

2,865

6,976

96 (May ’16)

2015

2,865

5,900

90

2014

2.865

5,672

92

2013

2,865

5,831

97

2012

3,216

5,866

96

2011

3,303

5,716

96

2010

3,303

5,416

97

2009

3,303

5,560

98

2008

1,603

5,410

100

2007

1,570

4,464

72

2006

1,535

3,575

67

The Deputy may wish to note my Department has run a number of competitions, both internally and externally in conjunction the Public Appointments Service over the past 12 months in order to ensure that Forensic Science Ireland has the necessary human resources to carry out its functions. Furthermore my Department is currently finalising plans to run another open competition to recruit additional forensic scientists. This competition will be advertised in the coming weeks.

In terms of processing of cases, FSI operates a prioritisation system based on the case type combined with its urgency and the potential of forensic analysis to assist the case. Urgent cases are analysed immediately and An Garda Síochána get a report within hours or days depending on the tests involved.

Drug Treatment Court

Ceisteanna (43)

Jack Chambers

Ceist:

43. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of her review of the Drug Treatment Court model; and if she will make a statement on the matter. [16387/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, we have had a dedicated Drug Treatment Court operating in Ireland for some time now that is is aimed at people with drug addiction problems who come before the District Court on minor criminal charges linked to their drug addiction. It is a problem solving court and makes an important contribution, not least as an alternative to prison. The Drug Treatment Court operates on the basis that a criminal matter has not proceeded to formal conviction and the presiding Judge reviews matters at each adjournment, frequently over an extended period of time, to assess progress, before the matter before the Court is eventually finalised. Once on the programme, participants receive a lot of help and support from the team that supports the Drug Treatment Court including an education coordinator, a liaison nurse among others in dealing with the challenge of tackling their addiction.

The review of the Drug Treatment Court was completed in January 2013 by the Support and Advisory Committee for the Drug Treatment Court, which comprised representatives of each of the agencies involved with the Court, and the Report on the Review of the Operation of the Drug Treatment Court was submitted to the then Minister. The desire of all agencies was to increase the number of participants in the programme and so the catchment area served by the Drug Treatment Court was significantly expanded in July 2013 to encompass the whole of County Dublin and the programme has also found a way to facilitate participants from outside of Dublin, with participants from Portlaoise and Cork being admitted in 2015. The Deputy may wish to note that the Report of the Penal Policy Review Group included a recommendation in relation to a Community Court and the implementation of the Group's recommendations, including a community justice intervention which developed from the community court recommendation, is being progressed in the Department and is being closely monitored by an oversight group led from outside the Department. There will also be a focus on the Drug Treatment Court as part of the Programme for Government's commitment to commencing implementation of a new National Drugs Strategy within the next 12 months.

Road Safety

Ceisteanna (44)

Jack Chambers

Ceist:

44. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of roadside drug tests, including the number conducted and the number of positive detections, prosecutions and convictions; and if she will make a statement on the matter. [16389/16]

Amharc ar fhreagra

Freagraí scríofa

I understand that the introduction of preliminary roadside drug testing has been provided for in the Road Traffic Bill 2016, which was published earlier this year by the Minister for Transport, Tourism and Sport, and which was passed by the Seanad on 26 January. I am advised that this Bill is expected to be introduced in the Dáil at Second Stage in the coming weeks.

Residency Permits

Ceisteanna (45)

Bernard Durkan

Ceist:

45. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the residency status of a person (details supplied); and if she will make a statement on the matter. [16393/16]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 for a period of five years expiring on 21 July, 2016. I am advised that the person's permission was registered up to 28 January, 2015 in accordance with the expiry of his passport. I am further advised that the person was informed, in writing, on 22 July, 2011 that it is open to him to return to his local immigration office to have the remainder of the five year permission to reside in this State endorsed on his new/renewed passport.

The person may wish to note that it is also open to him to submit an application to INIS for renewal of his permission to remain in the State. Details on the criteria to be met by persons lodging such applications can be found on the INIS website (www.inis.gov.ie).

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.

Closed-Circuit Television Systems Provision

Ceisteanna (46)

Joe Carey

Ceist:

46. Deputy Joe Carey asked the Tánaiste and Minister for Justice and Equality to establish a new community-based closed circuit television scheme similar to that operated previously which would be open to community alert groups to apply for funding in conjunction with An Garda Síochána; and if she will make a statement on the matter. [16395/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Programme for a Partnership Government includes a commitment to provide investment in CCTV systems along the road network and in urban centres.

I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders. With this in mind, I instigated a review of the effectiveness of the Community CCTV Scheme in conjunction with the Garda authorities. The outcome of this review will inform the development of proposals, having due regard to the arrangements under the previous scheme, to give effect to the Programme commitment.

Visa Applications

Ceisteanna (47)

Josepha Madigan

Ceist:

47. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality when visitor visa applications will be processed and granted to persons (details supplied). [16408/16]

Amharc ar fhreagra

Freagraí scríofa

Subject to all of the documentation being in order, I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that decisions on the visa applications from the persons referred to should issue within the next two to three weeks.

Details on the current processing times for various categories of visa applications are published on the INIS website and may be accessed using the following link: http://www.inis.gov.ie/en/INIS/Pages/Current_Processing Times.

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 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.

In addition, applicants may themselves e-mail queries directly to the INIS Visa Office (visamail@justice.ie).

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