Written Answers Nos. 57-77
57. Deputy Martin Kenny asked the Tánaiste and Minister for Justice and Equality the number of fishing vessels that were raided by various Departments and agencies and the port in which they were berthed on 5 October 2016 and for an unknown number of days thereafter. [32570/16]
Amharc ar fhreagra58. Deputy Martin Kenny asked the Tánaiste and Minister for Justice and Equality the number of undocumented fishermen that were identified on fishing vessels which were raided by various Departments and agencies on 5 October 2016 and for an unknown number of days thereafter. [32571/16]
Amharc ar fhreagra59. Deputy Martin Kenny asked the Tánaiste and Minister for Justice and Equality the planned follow-up actions she will take with regard to the employers concerned and the undocumented fishermen identified during raids on 5 October 2016 and for an unknown number of days thereafter. [32572/16]
Amharc ar fhreagra60. Deputy Martin Kenny asked the Tánaiste and Minister for Justice and Equality the reason that when fishing vessels were raided on 5 October 2016 by various Departments and agencies it was necessary to involve armed gardaí and dogs in the searches. [32573/16]
Amharc ar fhreagra61. Deputy Martin Kenny asked the Tánaiste and Minister for Justice and Equality the reason it was necessary to seal off the harbours at Castletownbere and Howth during raids on fishing vessels on 5 October 2016, and for an unknown number of days thereafter, by various Departments and agencies. [32574/16]
Amharc ar fhreagraI propose to take Questions Nos. 57 to 61, inclusive, together.
In the time available it has not been possible for the Garda authorities to supply all of the information requested by the Deputy; I have included substantial information in my response, and will endeavour to provide further information to the Deputy in due course as soon as it is to hand.
As the Deputy is aware, a Day of Action under 'Operation Egg Shell' took place on Wednesday 5 October concentrating on the ports of Castletownbere and Howth. I am informed by An Garda Síochána that "Operation Egg Shell” was carried out as part of the "North Atlantic Maritime Project”, of the Santa Marta Group. The Santa Marta Group is a global alliance of international Police Chiefs and Bishops working together with Civil Society to eradicate human trafficking and modern day slavery. Within this Group, Ireland has agreed to lead in the North Atlantic Fisheries Project with the United Kingdom, Spain and Portugal, to prevent human trafficking and labour exploitation in the fisheries industry in the North Atlantic.
The Day of Action was co-ordinated by An Garda Síochána, the Revenue Commissioners, the Workplace Relations Commission Inspectorate, the Irish Navy and the Sea Fisheries Protection Authority. Specially trained officers from the Human Trafficking Investigation and Coordination Unit of the Garda National Protective Services Bureau were involved in operations at both Castletownbere and Howth. These officers focused on finding people who demonstrated any indicators of human trafficking, particularly crew members of fishing vessels. Further objectives included:
- Identifying offences under the Atypical Work Permit Scheme for non-EEA crew in the Irish fishing fleet,
- Breaches of employment legislation,
- Immigration offences,
- Breaches of tax/revenue and customs offences,
- To apprehend suspects in the commission and/or the attempted commission of offences above and fully investigate, detect and prosecute (where possible) any offences outstanding against these suspects and groups, and
- Identify and support any suspected victims of human trafficking that might be found.
I am further informed by An Garda Síochána that inspections were carried out on 41 fishing vessels, 22 in Castletownbere, 16 in Howth, and three offshore inspections. Inspections at port were led by the Workplace Relations Commission Inspectorate, under Section 27 of the Workplace Relations Act 2015, accompanied and assisted by Gardaí and Revenue and Customs officials. The naval service carried out the offshore inspections.
No evidence of human trafficking or labour exploitation was found in any location. A number of suspected breaches of the atypical work permit scheme for non-EEA crew were detected, as well as other suspected breaches of employment law, immigration law and tax offences. Both the Workplace Relations Commission and the Garda National Immigration Bureau are following up in relation to these suspected breaches. I am informed by An Garda Síochána that their approach and that of partner agencies was non-confrontational and geared towards seeking the cooperation of those encountered; no incidents were reported at any location.
The prevention and detection of human trafficking in all its forms and the protection of its victims has been a policing priority for An Garda Síochána for the past number of years and it remains a priority in 2016.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 524 for answer on 2 November 2016, in which you requested information pertaining to the Day of Action under 'Operation Egg Shell' which took place on Wednesday 5 October concentrating on the ports of Castletownbere and Howth.
As you will recall, not all of the requested information could be obtained in the time available, and I undertook to contact you again as soon as additional material was received from the Garda authorities.
I have been informed by An Garda Síochána that personnel from a number of specialist units, who routinely work in plain-clothes and are armed, were also deployed as part of the search teams taking part in this Operation.
Personnel from the Garda Dog Unit were also on duty at both Howth and Castletownbere ports, in support of the search teams, but were not deployed as part of the searches undertaken on the day at either port.
I hope this information is of assistance.
62. Deputy Martin Ferris asked the Tánaiste and Minister for Justice and Equality if she will confirm, in view of the Assisted Decision Making (Capacity) Act 2015, whether the parents and legal guardians of persons residing in St. Mary of the Angels, Beaufort, County Kerry, will continue to have the right to make decisions on the accommodation of these persons; her views on whether any of the proposed provisions of the Bill could impact on those rights; and her views on whether the State or any other agency is assuming the legal rights of residents who are 18 years of age or over. [32822/16]
Amharc ar fhreagraAs the Deputy is aware, Members of the Government are not officially responsible to the Dáil for interpreting or stating the law, and therefore it would not be appropriate for me to comment or advise in relation to this individual case.
However, in order to be of assistance to the Deputy, I can say that the primary aim of the Assisted Decision-Making (Capacity) Act 2015 is to put in place a new legislative framework to support persons with capacity difficulties, including those with intellectual disabilities, in a manner that is compliant with the UN Convention on the Rights of Persons with Disabilities. One of the key requirements of the UN Convention is that persons with capacity difficulties should be enabled to exercise decision-making autonomy. Consequently, the starting point in the Act is one of enabling persons with capacity difficulties to take their own decisions to the greatest extent possible. Where they are unable to take decisions themselves, the Act provides for a series of decision-making supports. However, the priority remains one of ensuring that the person's will and preferences are respected as far as possible.
While I recognise the fundamental and critical role of parents, siblings and other relatives in relation to the day-to-day lives of many people who need assistance in exercising their legal capacity, the focus of the Act is on enabling persons to make their own decisions, including choosing whom they wish to support them in the decision-making process. However, where persons with capacity difficulties are unable to take decisions themselves, it is likely that, in many cases, family members will be centrally involved in the decision-making support options available under the Act. Under the co-decision-making option in particular, where decisions are made jointly by the person with capacity difficulties and by the co-decision-maker, it is anticipated that the co-decision-maker will often be a family member as it is a requirement of this support option that the co-decision-maker should know the person and understand his or her will and preferences. It will also be possible for a family member to apply to the court to be appointed as a decision-making representative for a person with capacity difficulties where that person lacks decision-making capacity. The Act, in setting out guiding principles and the scope and level of intervention, will be of considerable help to persons with decision-making capacity difficulties and their supportive families. In addition, the Decision Support Service, which is to be set up within the Mental Health Commission, will be able to provide advice and support to persons with capacity difficulties and the families who help them.
Commencement of the Act is being carried out on a phased basis. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (which is a body under the Department of Health), must be put in place before the substantive provisions of the legislation come into force. Careful planning and groundwork, and not just funding, has to be put in place to ensure that the commencement of the Act is correctly, appropriately and effectively handled. My Department is working carefully on this at present in consultation with the Department of Health and the Mental Health Commission. A high-level Steering Group comprised of senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.
63. Deputy Peter Fitzpatrick asked the Tánaiste and Minister for Justice and Equality the status of an asylum application by a person (details supplied); and if she will make a statement on the matter. [32542/16]
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 20 October 2010. The Deportation Order requires the person to remove themselves from the State and remain outside the State.
Representations were received from the person's legal representative, to request the Minister to use her discretion, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.
An application for readmittance to the Protection process under Section 17(7) of the Refugee Act 1996, as amended was received and is currently being processed.
The Deputy may wish to note 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 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.
64. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the total number of persons refused leave to land at approved ports of entry to the State in 2015 and to date in 2016; and if she will make a statement on the matter. [32520/16]
Amharc ar fhreagra65. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of persons refused leave to land at approved ports of entry to the State from Iraq, Yemen, Syria, Libya, Iran and Eritrea from 2015 and to date in 2016; and if she will make a statement on the matter. [32521/16]
Amharc ar fhreagra66. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of persons denied entry at Dublin, Rosslare and Dún Laoghaire ports and Cork, Shannon and Dublin airports from 2015 onwards; and if she will make a statement on the matter. [32522/16]
Amharc ar fhreagra67. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the number of persons refused leave to land here who were subsequently allowed to enter as asylum seekers in 2015 and to date in 2016; if she will provide a breakdown by nationality; and if she will make a statement on the matter. [32523/16]
Amharc ar fhreagraI propose to take Questions Nos. 64 to 67, inclusive, together.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a total of 3,680 non-nationals were refused permission to enter the State at approved ports of entry pursuant to Section 4(3) of the Immigration Act 2004 (as amended) in the period 1 January 2015 to 31 December 2015. This figure includes 290 persons who were subsequently permitted to enter the State having made an application for refugee status pursuant to the Refugee Act 1996 (as amended). The corresponding figures for the period 1 January 2016 to 30 September 2016 are 3,036 and 267 respectively.
In the period 1 January 2015 to 31 December 2015, a total of 170 non-nationals from Iraq, Yemen, Syria, Libya, Iran and Eritrea were refused permission to enter the State at approved ports of entry pursuant to Section 4(3) of the Immigration Act 2004 (as amended). The corresponding figure for the period 1 January 2016 to 30 September 2016, was 115 persons. These persons did not travel directly to the State from their country of origin and, where it arose, would be returned to their point of embarkation for the State - predominantly other EU member States.
In the period, 1 January 2015 to 30 September 2016, a total of 5,946 non-nationals were refused permission to enter the State at Dublin, Rosslare and Dun Laoghaire ports and Cork, Shannon and Dublin Airports pursuant to Section 4(3) of the Immigration Act 2004 (as amended).
There are in total eleven grounds on which an immigration officer may refuse to give a permission to enter the State and these are set out at Section 4 (3) of the Immigration Act 2004. While a person may be refused permission to enter the State based on a number of grounds, such refusal need only be based on any one of those grounds. Immigration officers are required to provide a refused person with a written notice setting out the reasons for such a decision.
In all cases, removals from the State are conducted in accordance with the law. Removals are essentially operational matters for the Garda National Immigration Bureau who work closely with officials of my Department in arranging where necessary travel documents and other papers required.
It should be noted that information on numbers refused permission to enter the State may be subject to revision over time where individual cases are examined further and the status of some cases may change.
In relation to those persons who were subsequently admitted to the Refugee status process, I do not propose to disaggregate these figures further as I have a legal obligation to protect the identify of all asylum seekers in accordance with the Refugee Act.
68. Deputy Martin Ferris asked the Tánaiste and Minister for Justice and Equality the reason a temporary travel document cannot be issued to a person (details supplied). [32545/16]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned submitted an application for an Irish Travel Document which was received by the Travel Document Section on 21 September 2016. This application and supporting documentation was fully considered and the person concerned was issued with a detailed decision by letter of 11 October 2016.
The Deputy may wish to note 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 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.
69. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the average waiting time for a probate application to be processed in Dublin; her views on whether there is an insufficient number of staff processing applications in the Dublin Probate Office; her views on whether an investment in temporary staff at these offices would help alleviate the housing crisis as it would result in fewer properties lying empty; and if she will make a statement on the matter. [32562/16]
Amharc ar fhreagraThe Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the current waiting time for Grants of Representation is 16 weeks for applications lodged by a solicitor and 24 weeks for personal applications.
All applications for Grants of Representation in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants and these require detailed checking by the Probate Office to ensure that the estate of the deceased person is administered correctly and in accordance with the law. All applications are assessed on the basis of the date on which they are lodged, an approach which provides fairness and equity to all applicants. Priority can only be given to probate applications where it is considered that extenuating circumstances so warrant. In such circumstances it is open to applicants to bring the matter to the attention of the Probate Office.
The backlogs in the probate system are a cause for concern and a review of the probate system is being carried out at present. It is anticipated that a report with recommendations for the modernisation of the process will be presented to the Senior Management Team of the Courts Service and to the Courts Service Board for their consideration by the end of 2016. In the meantime, the Courts Service is assigning an additional permanent member of staff to the Probate Office to assist in dealing with the high volume of work of the Office. The Courts Service have advised that the provision of temporary staff to the Probate Office is not the solution as the examination of probate applications requires a thorough legal examination of documents and that it would take a new staff member a period of at least six months to acquire a satisfactory knowledge in this area.
70. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the status of the work of the Garda review team currently working on the investigation of the disappearance of a person (details supplied). [32541/16]
Amharc ar fhreagraThe Deputy will appreciate that management of particular Garda investigations is a matter in the first instance for the Garda authorities and I have no direct role in this regard. I can, however, assure the Deputy that I am aware of the various concerns which have been raised about the case referred to.
I am advised that the Garda investigation in relation to the case referred to is ongoing and that the Garda Commissioner has requested the Serious Crime Review Team (SCRT) to examine the case, as a matter of priority, ensuring that all avenues of enquiry are fully explored and addressed. I expect to receive a further update from the Garda authorities after the SCRT completes its examination.
In this context, the Deputy will appreciate that it would not be appropriate for me to make any more detailed comment at this time.
71. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position on residency status in the case of a person (details supplied); and if she will make a statement on the matter. [32551/16]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a residence card, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015 on 6 January 2016.
I understand that INIS wrote to the person concerned on 4 March 2016 seeking additional information and documentation it considered necessary to process this application. To date no additional information and documentation has been received from the person concerned. INIS expects to make a decision on this application shortly based on the information on file at that time. The Deputy will appreciate that the onus is on the person concerned to provide the information requested, as failure to provide same may have an adverse affect on the outcome of this application.
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.
72. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the date on which she plans to publish the criminal justice (corruption) Bill; the reason for the delay; and if she will make a statement on the matter. [32556/16]
Amharc ar fhreagraWork on drafting of the Bill is at an advanced stage and it is hoped to be in a position to publish it in the coming weeks in line with the Government's legislative programme.
73. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of personnel in the traffic corps as of 15 October 2016; the number of gardaí who have applied to the traffic corps in the years 2014, 2015 and to date in 2016; the number of these that were accepted; the future plans for strengthening the traffic corps; and if she will make a statement on the matter. [32585/16]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including the Traffic Corps, among the various Garda Regions, Divisions and Districts, and as Minister, I have no direct role in the matter. I am informed by the Garda authorities that, as of 30 September 2016, the latest date for which figures are readily available, the strength of the Traffic Corps stood at 688 members. I am assured by the Garda Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public.
With regard to the number of Gardaí who have applied to the Traffic Corps in the years 2014, 2015, and to date in 2016, and the number of applicants who were accepted, I have requested this information from the Garda Commissioner and I will revert to the Deputy when it is to hand.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. In furtherance of this I recently announced that the Government has approved my proposal for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. No doubt the Traffic Corps, like all Divisions and policing activities, will benefit from this accelerated recruitment which is complemented by substantial investment in resources across the board for An Garda Síochána. This investment will support the delivery of An Garda Síochána’s Modernisation and Renewal Programme 2016-2021 which sets key strategic objectives for Roads Policing and will inform and guide An Garda Síochána’s road policing plans over the next 5 years.
Insofar as road traffic enforcement is concerned generally, An Garda Síochána's Roads Policing Operations Plan 2016 incorporates a programme of high visibility road safety and enforcement operations, carried out in partnership with other state agencies, and is being implemented by each Regional Traffic Superintendent. The focus of the Plan is on the most vulnerable road user categories of motor cyclists, pedal cyclists, pedestrians and learner permit holders. Garda operations specifically target road use behaviour known to contribute significantly to collisions, including speeding, driving while intoxicated, and use of a mobile phone.
Road traffic legislation is also enforced as part of the day to day duties of members of An Garda Síochána. Both targeted and general methods of enforcement have a valuable role to play in An Garda Síochána's enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads.
The following deferred reply was received under Standing Order 42A
I have been advised by the Commissioner that there have been no national competitions held for the Garda National Traffic Corps in the years 2014, 2015 and to date in 2016. However, vacancies have been filled in divisional traffic units throughout the country.
I have also been advised that the Assistant Commissioner for Roads Policing and Major Event/Emergency Management has carried out a review of the current Garda Traffic Corps strength and this is currently being examined by Garda management in the context of An Garda Síochána’s Modernisation and Renewal Programme.
74. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if, following this Deputy's Leaders' Question on 19 October 2016 on the topic of road safety, she has met the Taoiseach to correct the Taoiseach's statement (details supplied); if she has informed the Taoiseach that this technology is not yet in use in Irish policing; if she has updated him on the outstanding problem with the wording of summonses allowing for prosecutions under section 22 of the 2002 Road Traffic Act; and if she will make a statement on the matter. [32586/16]
Amharc ar fhreagraThe Deputy will appreciate that in my capacity as Minister for Justice and Equality I have no direct involvement in the bringing of prosecutions but am aware, of course, of the issues which arose in relation to the proceedings he has referred to. I have informed the Taoiseach that An Garda Síochána is engaging with the prosecution authorities in relation to these issues, which I understand are complex ones, and not necessarily related solely to the wording of summonses. I am conscious that the Deputy has raised this matter on a number of occasions and I have asked An Garda Síochána for an urgent report in this regard. The Deputy will be aware that road traffic legislation is continually under review.
75. Deputy Brian Stanley asked the Tánaiste and Minister for Justice and Equality if her Department will increase the income ceiling for those applying for free legal aid from the current level of €18,000 per annum disposable income, as this prevents many low-income workers and those on low pensions and so on from qualifying. [32612/16]
Amharc ar fhreagraThe Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations (1996 – 2016). Applicants for civil legal aid are required to meet the financial eligibility criteria under section 29 of the Act. The Board has a policy role in relation to the provision of civil legal aid and periodically brings proposals to my Department in relation to the financial eligibility and other criteria in relation to civil legal aid. I understand that the Legal Aid Board are to consider the criteria in 2017 and I will consider any proposal it may make in due course.
76. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the current situation with regard to the investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Flood and Mahon tribunals; the stage these investigations are at; when she expects decisions to be reached; if she has set a deadline for these decisions; and if she will make a statement on the matter. [32595/16]
Amharc ar fhreagra77. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the current situation with regard to investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Moriarty tribunal; the stage these investigations are at; when she expects a decision to be reached; if she has set a deadline for this decision; and if she will make a statement on the matter. [32596/16]
Amharc ar fhreagraI propose to take Questions Nos. 76 and 77 together.
The Deputy will appreciate that investigations into the matters referred to are properly dealt with by An Garda Síochána in the first instance and I, as Minister, have no role in relation to the conduct of particular Garda investigations. Similarly, the decision on whether or not to prosecute in a particular case rests solely with the Director of Public Prosecutions, and it is not open to me intervene in this regard.
However, to be of assistance to the Deputy, I have sought an update from the Garda authorities in relation to these matters and I will contact him again when a report is to hand.
The following deferred reply was received under Standing Order 42A
I am now informed by the Garda authorities that investigations relating to the findings of the Flood and Mahon Tribunals, as well as the investigation of certain matters arising from the report of the Moriarty Tribunal, are ongoing. I am also advised that relevant liaison is maintained with the Office of the Director of Public Prosecutions.
While I appreciate that there is considerable public interest in these investigations, you will appreciate that the overriding concern for An Garda Síochána is to ensure that these investigations are carried out as comprehensively and effectively as possible.
