Written Answers Nos. 78-86
78. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality if she is aware of the report of the home affairs committee in the British House of Commons entitled Prostitution Report (Third Report of Session 2016-17); if its conclusions have implications for Part 4 of the Sexual Offences Bill 2015; and if she will make a statement on the matter. [21408/16]
Amharc ar fhreagraThe Criminal Law (Sexual Offences) Bill 2015, which completed all stages in the Seanad in January 2016, provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The first is a general offence of paying to engage in sexual activity with a prostitute which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of paying for sexual activity with a trafficked person, in the context of prostitution, and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not commit an offence.
These proposals implement the recommendation of the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. The purpose of introducing these provisions is primarily to target the trafficking and sexual exploitation of persons through prostitution.
The current inquiry into the legal framework on prostitution being undertaken by the House of Commons Home Affairs Committee in the UK is similar to that undertaken here by the Joint Oireachtas Committee on Justice, Equality and Defence. I would note that the UK Home Affairs Committee report on Prostitution, referred to by the Deputy, is an interim report which does not make any recommendation on the legislative model which should be followed by England and Wales.
In deciding to put forward the proposals provided for in the Criminal Law (Sexual Offences) Bill 2015 I have considered all sides of the debate. I have considered the experience of those states which have introduced similar measures and those states which have addressed prostitution in a different way. I have also considered the reports and findings of various international organisations. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services as a tool in the fight against human trafficking. Further research and opinions will inevitably be published during the progress of the legislation and I will continue to examine and consider all new evidence.
I remain convinced that to target the exploitation associated with prostitution requires targeting those who demand those services. The most direct way of combatting this form of exploitation is to send the message to those who pay for these services, and who ignore the exploitation of the women and men involved, that their behaviour is unacceptable and that their behaviour supports the exploitation of other people.
79. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the available research and statistics on the instances and types of prostitution in Ireland and if she will consider undertaking in-depth research on prostitution in Ireland prior to proceeding with Part 4 of the Sexual Offences Bill 2015; and if she will make a statement on the matter. [21409/16]
Amharc ar fhreagraThere is an acknowledged difficulty in accessing comprehensive data in relation to prostitution, not only in Ireland, but in other countries also. This is owing, at least in part, to the covert nature of the activity and the understandable reluctance on the part of individuals to identify themselves as sellers or buyers of sex. Reliable research is also hampered by the involvement of organised crime and other illegal activity around prostitution, in particular where trafficking or sexual exploitation is involved.
Neither is prostitution a uniform activity. Much of the available research looks at specific aspects of the sex industry, for example street prostitution or indoor prostitution in isolation, and data cannot necessarily be extrapolated to provide a reliable view of the industry as a whole.
That said, there are a range of data and research sources available. The Anti-Human Trafficking Division of my Department publishes annual statistics on human trafficking, including persons trafficked for the purposes of sexual exploitation, and the Central Statistics Office's quarterly crime statistics provide data on reported offences related to prostitution. Ruhama produces annual statistics on women affected by prostitution and trafficking who avail of their services. There have also been several research reports, both national and international, on various aspects of prostitution which have been published in recent years.
All of this data and research, in addition to a wide range of written and oral submissions, were considered by the Joint Oireachtas Committee on Justice, Defence and Equality in preparing its Report on prostitution in 2013. In its Report, the Committee called for the introduction of an offence criminalising the purchase of sexual services. The proposals contained in the Criminal Law (Sexual Offences) Bill 2015, providing for two new offences of purchasing sexual services, in the context of prostitution, implement that recommendation. The purpose of introducing these provisions is primarily to target the trafficking and sexual exploitation of persons through prostitution.
The Criminal Law (Sexual Offences) Bill 2015 completed all stages in Seanad Éireann in January 2016 and was restored to the Dáil order paper on 1 June. While I will continue to consider all evidence and research that becomes available in developing policy in this area, I do not have any plans to commission research on prostitution prior to proceeding with the enactment of this important piece of legislation.
80. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the number of prosecutions and convictions for solicitation in a public place; for loitering for the purposes of prostitution in a public place; and for keeping a brothel, under the Criminal Law (Sexual Offences) Act 1993 in each of the years 2011 to 2016 to date; and if she will make a statement on the matter. [21410/16]
Amharc ar fhreagraThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy.
81. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the number of non-European Economic Area nationals registered with the Garda Síochána National Immigration Bureau since 2013 by immigration stamp category; and if she will make a statement on the matter. [21411/16]
Amharc ar fhreagraSection 9 of the Immigration Act 2004 places an obligation on non-Irish nationals, subject to the exemptions listed below, who have entered the State to present at their local registration office for the purpose of being placed on a register of non-nationals who have permission to reside in the State. It is important to note that European Economic Area nationals who are the subject of the EU freedom of movement legislation, of which many thousands reside in the State, are not required to register.
The categories of non-Irish nationals exempted by law from the requirement to register under section 9 of the Immigration Act 2004 include the following:
(a) a non-national under the age of 16 years;
(b) a non-national who was born in Ireland;
(c) a non-national not resident in the State who has been in the State for a period of not more than 3 months since the date of his or her last arrival in the State:
(d) a non-national seaman not resident in the State whose ship remains at a port in the State and who does not land in the State for discharge.
The stamp given to the person denotes the type of permission to remain in the State granted to the person concerned. The table below sets out the information sought by the Deputy according to permission type and corresponding stamp number.
|
Permission type |
Total from 2013 to date in 2016 |
|
Temporary and limited permission where work or engagement in business is not permitted (typically stamp 0 and stamp 3) |
34,374 |
|
Workers and those engaging in business who have obtained the necessary permits, and those in full-time training with a professional body (typically stamp 1 and stamp 1A) |
47,559 |
|
Permission to remain to undertake a course of study and not permitted to engage in full-time work or business. (typically stamp 2 and stamp 2A) |
196,397 |
|
Permission to remain for a specified duration and entitled to work or engage in business. This includes non-national spouses of Irish Nationals, persons recognised as refugees, Non-EEA spouses and family of EEA nationals (typically stamp 4 and stamp 4 EU FAM) |
214,058 |
|
Permission granted for long-term permission to remain including without condition as to time, persons holding dual citizenship or who have established an entitlement to Irish citizenship (typically stamp 5 and stamp 6) |
3,906 |
These are the main categories of non-nationals subject to registration requirements. It should be noted that in any year approximately 35% of registrations are first time registrations and the remainder are persons renewing their registration. The figures above also include persons who are registered and who have multi- year permission to remain and who therefore require to renew their registration less frequently than every 12 months. Persons are required to keep their registration officer informed of any changes to their particulars of registration. Thus, the details of the register will change from time to time and are kept updated on a regular basis.
82. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the number of persons granted leave to remain on humanitarian grounds under section 3 of the Immigration Act 1999 in each of the years 2013 to 2016 to date, in tabular form; if they were asylum-related or non-asylum related; the number of such applications pending; and if she will make a statement on the matter. [21412/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that as of 11/07/2016, there are approximately 3,200 people awaiting processing of their representations under section 3 of the Immigration Act, 1999 (as amended). This includes both failed asylum seekers and anyone who entered the section 3 process by any other means, for example, those whose immigration permission has lapsed or not been renewed. The majority of the cases on hand falls into this latter category and past experience shows that a number will have left the State without notifying the immigration authorities or will have obtained a different permission in the interim. Over the past number of years huge progress has been made in dealing with the volume of cases on hand - for example, the cases on hand in 2011 stood at around 11,000.
Please see the following table of breakdown of numbers granted Leave to Remain from 01/01/2013 to 11/07/2016.
Breakdown from 2013 to date (11/07/2016) of individuals granted permission to remain following a consideration under Section 3
|
Year |
2013 |
2014 |
2015 |
2016 |
Total |
|
Type: (i) asylum |
637 |
645 |
1,201 |
339 |
2,822 |
|
(ii) non asylum |
294 |
228 |
101 |
49 |
672 |
|
Total |
931 |
873 |
1,302 |
388 |
3,494 |
83. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the number of deportation orders signed under section 3 of the Immigration Act in each of the years 2013 to 2016 to date, in tabular form; if they were asylum-related or non-asylum related; the numbers of these enforced and the number of these subsequently revoked under section 3 (11); and if she will make a statement on the matter. [21413/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.
The statistics requested by the Deputy are set out in the various following tables. It should be noted that the overwhelming majority of persons who arrive at the frontiers of the State without permission to enter or reside here are refused leave to land, without ever reaching the stage where they would be considered under the section 3 process. Indeed, this figure has risen substantially to almost 3,500 last year and is expected to exceed 4,000 this year and the figures are included below for completeness.
In determining whether to make a Deportation Order, I must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended, as well as any other relevant statutory provisions, Constitutional or international human rights arising.
This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is threatened fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be on account of his or her race, religion, nationality, membership of a particular social group or political opinion.
Number of Deportation orders from 2013 to date (11/07/2016) broken down by Asylum Seekers or Illegals
|
- |
- |
Date Signed Year |
Date Signed Year |
Date Signed Year |
Date Signed Year |
- |
|
- |
- |
2013 |
2014 |
2015 |
2016 |
Total |
|
Type |
Asylum |
1108 |
506 |
545 |
359 |
2518 |
|
- |
Illegal |
669 |
227 |
220 |
109 |
1225 |
|
Total |
- |
1777 |
733 |
765 |
468 |
3743 |
Number of Deportations Enforced from 2013 to date (11/07/2016)
|
Year |
Total |
|
2013 |
209 |
|
2014 |
114 |
|
2015 |
251 |
|
2016 |
286 |
|
Total |
860 |
Number of revocations under Section 3(11) of the Immigration act (1999) as amended 2013 to date (11/07/2016)
|
Year |
Total |
|
2013 |
298 |
|
2014 |
331 |
|
2015 |
487 |
|
2016 |
251 |
|
Total |
1367 |
Refused Leave to Land 2013 to 2016
|
- |
Year |
Year |
Year |
Year |
- |
|
- |
2013 |
2014 |
2015 |
2016 (30/06/2016) |
Total |
|
Refused Leave to Land |
1935 |
2473 |
3450 |
2050 |
9908 |
84. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the number of persons who agreed to voluntary repatriation under section 3 of the Immigration Act 1999 in each of the years 2013 to 2016 to date in tabular form; if they were asylum-related or non-asylum related; and if she will make a statement on the matter. [21414/16]
Amharc ar fhreagraThe Irish Naturalisation and Immigration Service (INIS) of my Department, in conjunction with the International Organisation for Migration (IOM), offers voluntary assisted return and reintegration programmes for asylum seekers, failed asylum seekers and other illegally present migrants.
Asylum seekers or failed asylum seekers who have not had a Deportation Order made against them are returned under the Voluntary Assisted Return and Reintegration Programme (VARRP). Other illegally present migrants are returned under the Irregular Voluntary Assisted Return and Reintegration Programme (IVARRP), which is co-funded by the EU on a 50/50 basis.
Under these programmes, the flights home for such persons are paid and where required, the IOM will assist in securing travel documents and give assistance at the airport at departure and arrival. Persons availing of these programmes can apply for reintegration assistance to allow them to start up a business or enter further education or training when they are back in their country of origin. This takes the form of an 'in-kind' rather than a cash payment.
In addition to the two IOM programmes referred to above, my Department also assists people who are illegally present in the State and wish to return home voluntarily by covering the cost of the flight, if necessary, and assisting in securing travel documents.
The statistical information requested by the Deputy is set-out in the following table.
Voluntary Returns 2013 to date (11/07/2016) broken down by failed Asylum Seekers and illegals
|
- |
- |
Year |
Year |
Year |
Year |
- |
|
- |
- |
2013 |
2014 |
2015 |
2016 |
Total |
|
Type |
Asylum |
89 |
59 |
30 |
28 |
206 |
|
- |
Illegal |
337 |
183 |
102 |
49 |
671 |
|
Total |
- |
426 |
242 |
132 |
77 |
877 |
85. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the status of the implementation of the Legal Services Regulation Act 2015; if she has commenced all Parts and sections of the Act; the status of any agency or body she proposes to be establish under the Act; and if she will make a statement on the matter. [21425/16]
Amharc ar fhreagraAs previously conveyed to the House, preparations for the phased commencement of the Legal Services Regulation Act 2015 are already underway. A necessary first step in preparation for these commencements is the appointment of the Legal Services Regulatory Authority after which the Authority will appoint its own Chief Executive. I can confirm that nominations to the new Legal Services Regulatory Authority have been received from the relevant nominating bodies as set out in the Legal Services Regulation Act. The appointment by Government of the relevant nominees, for which initial steps have been taken, will be subject to prior approval by resolution of both Houses of the Oireachtas and I hope to be in a position to proceed with this shortly. In accordance with the Act, the Government will appoint one of the lay members of the Authority, which will also have a lay majority, to be Chairperson. Preparations are also being made in support of the public recruitment, by the new Regulatory Authority, of its Chief Executive whose terms and functions are similarly set out in the 2015 Act. A start-up support team is being established and a suitable premises is being identified from which the new Authority can commence its operations.
These are the initial steps that will enable the members and Chief Executive of the new Regulatory Authority to spear-head the coming into operation of the new legal services regulatory regime. This stage will also include the phased commencement of Parts of the Act such as those dealing with legal costs, the new Office of the Legal Costs Adjudicator, the Roll of Practising Barristers and Pre-Action Protocols. Under section 7 of the 2015 Act, I will also very soon, by order, appoint a day to be the establishment day for the purposes of the Act.
Following establishment of the Authority and appointment of a Chief Executive the key provisions centred around Part 6 of the Act dealing with the new public complaints and professional conduct and disciplinary procedures, and the appointment of the new Legal Practitioners Disciplinary Tribunal, will be commenced. The managed commencement of these functions is planned for the Autumn in order to allow adequate time and preparation to ensure their effectiveness and success as crucial components of the new regulatory framework. It should be noted that, under the relevant transitional provisions contained in the 2015 Act, complaints already made to the Law Society under the Solicitors Acts will be brought to completion under that framework and existing law.
In support of the planned and managed commencement of the relevant Parts of the 2015 Act proposed, as I have outlined, between now and the end of this year, an allocation of €1 million was made under the Justice Vote for 2016 as set-up support for the new Regulatory Authority. Any funding advanced from this allocation will be provided on a recoupable basis. Once in operation, the new regulatory regime will be self-funding by means of a levy on the regulated legal professions under the terms set out in Part 7 of the 2015 Act.
86. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if she is aware of a widespread belief among members of An Garda Síochána that their uniform is unfit for purpose; if she plans to address this; if she or An Garda Síochána management have had any discussions with Garda Síochána representative groups on the matter; if the representative groups have made proposals that would provide a better uniform and make savings; and if she will make a statement on the matter. [21431/16]
Amharc ar fhreagraThe Deputy will appreciate that the provision and allocation of resources for An Garda Síochána is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am advised by the Garda authorities that a Uniform Committee, comprising representatives of all of the Representative Associations, Garda Human Resources and People Development, the Finance Directorate and the Health and Safety Section of An Garda Síochána has been in place since 2000. The role of this Committee is to address issues relating to the Garda uniform and the quality of same.
In summary, the Committee:
- is responsible for examining all items of Garda uniform and uniform-related equipment;
- ensures that due consideration is given to the views, recommendations and conference motions of all the Garda Associations on matters of uniform and equipment; and
- makes appropriate recommendations to the Garda Commissioner.
A number of recommendations, which take account of responses to a survey of members of An Garda Síochána, are currently under consideration in the context of the development of a Request for Tender, via the Office for Government Procurement, for the provision of uniforms to An Garda Síochána.
