Tuesday, 17 Jan 2017

Written Answers Nos. 160-179

Courts Service Data

Ceisteanna (160)

Joan Collins

Ceist:

160. Deputy Joan Collins asked the Tánaiste and Minister for Justice and Equality the number of persons under 18 years of age that have been brought before District Courts in County Kerry in 2015. [1097/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that their records indicate that 43 persons under 18 years of age were brought before District Courts in County Kerry in 2015. The Courts Service has further advised that in the event that a person's date of birth was not recorded on the Courts Service system, then those individuals are not included in this figure.

Departmental Records

Ceisteanna (161)

Catherine Murphy

Ceist:

161. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the cost per year for the past three years for the storage and archiving of her Department's files and records at off-site locations by third party companies and at State-owned storage facilities; and if she will make a statement on the matter. [1114/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The costs incurred for off site storage of records (including costs for search and retrieval) for the Department of Justice and Equality are set out in the following table.

Year	Cost
2014	€65,495
2015	€73,897
2016	€97,465

Garda Stations

Ceisteanna (162)

Michael McGrath

Ceist:

162. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the number and detail of Garda stations in Cork city and county in tabular form; if, in each case, there is on-site access within the station to the PULSE system; and if she will make a statement on the matter. [1139/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, decisions in relation to the provision of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

The Deputy will be aware of the Garda Síochána Modernisation and Renewal Programme 2016-2021 which was launched in June 2016 and is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges.

One of the initiatives under the Programme is to connect non-networked sites to the Garda network thereby enhancing rural access to the network. I am informed by the Garda authorities that work has commenced to identify locations that do not have access to PULSE or the Garda portal and to provide connectivity where appropriate.

The Deputy will be aware that most crime incidents are recorded via the Garda information services centre, GISC, based in Castlebar. This provides a round-the-clock service which enables gardaí to phone in details of a crime incident, and specially trained staff in GISC facilitate its correct recording and classification on PULSE. As a result, a lack of access to PULSE in a particular Garda station should not prevent the accurate recording of crime data. In fact, I understand that in excess of 90% of crime incidents are recorded via GISC, with the balance being recorded by gardaí directly on PULSE.

The table below sets out the position, as at 16 January 2017, in relation to access to the PULSE system by Garda stations in the Cork City and County areas:

STATION	DIVISION	ACCESS TO PULSE
Anglesea Street	Cork City	Yes
Ballincollig	Cork City	Yes
Bishopstown	Cork City	Yes
Blackrock (Co. Cork)	Cork City	Yes
Blarney	Cork City	Yes
Bridewell (Co. Cork)	Cork City	Yes
Carrig Na Bhfear	Cork City	Yes
Carrigaline	Cork City	Yes
Crosshaven	Cork City	Yes
Douglas	Cork City	Yes
Glanmire	Cork City	Yes
Gurranabraher	Cork City	Yes
Mayfield	Cork City	Yes
Passage West	Cork City	Yes
Togher	Cork City	Yes
Watercourse Road	Cork City	Yes
Ballynoe	Cork North	No
Kildorrery	Cork North	No
Buttevant	Cork North	Yes
Carrigtwohill	Cork North	Yes
Castletownroche	Cork North	Yes
Charleville	Cork North	Yes
Kilworth	Cork North	No
Cobh	Cork North	Yes
Doneraile	Cork North	Yes
Fermoy	Cork North	Yes
Glantane	Cork North	No
Kanturk	Cork North	Yes
Liscarroll	Cork North	No
Killeagh	Cork North	Yes
Milford (Co. Cork)	Cork North	No
Ballycotton	Cork North	No
Mallow	Cork North	Yes
Midleton	Cork North	Yes
Cloyne	Cork North	No
Mitchelstown	Cork North	Yes
Newmarket	Cork North	Yes
Rathcormac (Co. Cork)	Cork North	Yes
Watergrasshill	Cork North	Yes
Whitegate	Cork North	Yes
Youghal	Cork North	Yes
Baile Bhuirne	Cork West	Yes
Ballineen	Cork West	Yes
Ballinhassig	Cork West	Yes
Innishannon	Cork West	No
Kilbrittain	Cork West	No
Timoleague	Cork West	No
Bandon	Cork West	Yes
Bantry	Cork West	Yes
Ballydehob	Cork West	No
Drimoleague	Cork West	No
Castletownbere	Cork West	Yes
Clonakilty	Cork West	Yes
Durrus	Cork West	No
Crookstown	Cork West	Yes
Glengarriff	Cork West	No
Kealkil	Cork West	No
Dunmanway	Cork West	Yes
Baltimore	Cork West	No
Drinagh	Cork West	No
Rosscarbery	Cork West	No
Ballydesmond	Cork West	No
Béal Átha an Ghaorthaidh	Cork West	No
Kinsale	Cork West	Yes
Macroom	Cork West	Yes
Millstreet (Co. Cork)	Cork West	Yes
Rathmore	Cork West	Yes
Boherbue	Cork West	No
Schull	Cork West	Yes
Skibbereen	Cork West	Yes
Stuake	Cork West	Yes
Coachford	Cork West	No
Tarelton	Cork West	No

Citizenship Applications

Ceisteanna (163)

Bernard Durkan

Ceist:

163. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [1166/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and has not yet reached a conclusion.

As 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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Legal Services Regulation

Ceisteanna (164)

Michael Healy-Rae

Ceist:

164. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the reason for the delay in setting up the legal services regulatory authority; and if she will make a statement on the matter. [1173/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The setting-up of the Legal Services Regulatory Authority has in fact been under way since 19 July 2016 when, under S.I. No. 383 of 2016, I commenced those provisions of Part 1 and Part 2 of the Legal Services Regulation Act 2015 as necessary to get the new Authority up and running, particularly in terms of its membership and appointment. On 29 September 2016, I signed the Order appointing 1 October 2016 as the official “establishment day” of the Regulatory Authority as provided under section 7 of the 2015 Act - S.I. No. 507 of 2016 refers. In conjunction with these initial steps the nomination, approval and appointment procedures for the members of the new Legal Services Regulatory Authority set out in Part 2 of the 2015 Act were also completed. This has included the required resolutions approving such appointment having been passed by each House of the Oireachtas. Dr. Don Thornhill has also been appointed as Chairperson of the Regulatory Authority in accordance with the Act.

The Authority, which has eleven members including a lay majority and lay-Chairperson, held its inaugural meeting on 26 October 2016 and has been meeting monthly since then with its next meeting scheduled for 19 January 2017. Initial office accommodation and has been provided for the Authority by my Department along with the secondment of an officer at Assistant Principal level in support of its start-up phase. Funding support of €1 million has also been provided to the new Authority by my Department in December on a strictly recoupable basis as the new Authority will be self-funding by levy. In the building up of capacity and resources to become fully operational, the Legal Services Regulatory Authority has recently appointed a person to fulfil the duties of its Chief Executive on a solely interim basis to drive the initial start-up phase. At the same time this will enable the Authority to prepare the way for the public recruitment of a full-time Chief Executive in the coming months having had the opportunity to more clearly identify its existing and future management needs and capacities in real time.

As part of the commencement of Part 2 of the 2015 Act, the Law Society, the Bar Council and the Honorable Society of the King's Inns have furnished the Legal Services Regulatory Authority with copies of their professional codes as required within one month of the Authority's establishment under section 23(6)(a). On 5 December 2016, under S.I. No. 630 of 2016, I also commenced sections 118 to 120 of the 2015 Act. These provisions set statutory delivery deadlines for the completion of public consultations and reports on the specified matters concerned. These relate to Legal Partnerships, Multi-Disciplinary Practices and certain restrictions on barristers in relation to direct access on contentious matters and the holding of clients' monies. The working focus right now is on the managed roll-out of the Authority's remaining functions in tandem with the phased commencement during the year of the various remaining Parts and provisions of the 2015 Act.

Against this background, it is intended that the phased commencement of the remaining Parts of the 2015 Act will be implemented in the first half of this year. The current focus includes the phased commencement of respective sections or Parts of the 2015 Act such as those dealing with the introduction of a more transparent legal cost regime, the establishment of a Roll of Practising Barristers and the separate introduction under the Act of Pre-Action Protocols. It also includes the transition of the Office of the Taxing-Master to that of the new Office of the Legal Costs Adjudicator which is a substantial structural reform of an office of the High Court and for which I have also introduced and commenced additional supporting measures under the Courts Bill which was enacted on 28 December 2016. Following these steps 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.

These are tasks for which I know the new Authority, with the direct engagement of its interim Chief Executive, is actively building up its working resources in the short term. My Department and the new Regulatory Authority will, therefore, continue to liaise closely to ensure that we can successfully coordinate the commencement, from my side as Minister, and delivery, by the Authority as the new independent statutory regulator, of the various provisions concerned.

Departmental Staff Remuneration

Ceisteanna (165)

David Cullinane

Ceist:

165. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the number of full-time equivalent Civil Service workers in gross income ranges (details supplied) in her Department for each of the years 2007 to 2015. [1229/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The information sought by the Deputy is set out in the table below:

Department of Justice & Equality

-	2007	2008	2009	2010	2011	2012	2013	2014	2015
Gross Salary	No. of FTE	No. of FTE	No. of FTE	No. of FTE	No. of FTE	No. of FTE	No. of FTE	No. of FTE	No. of FTE
€0 - €30,000	528	564	421	423	357	338	286	228	170
€30,000 - €40,000	347	467	616	536	496	508	501	508	518
€40,000 - €50,000	320	356	346	377	336	360	351	380	386
€50,000 - €60,000	334	363	323	381	368	401	371	363	340
€60,000 - €70,000	113	175	273	177	167	163	166	210	231
€70,000 - €80,000	131	126	136	144	136	159	138	145	140
€80,000 - €90,000	29	56	103	40	37	41	48	37	36
€90,000 - €100,000	34	34	32	56	39	51	48	50	44
€100,000 - €125,000	32	45	74	26	33	32	32	18	8
€125,000 - €150,000	10	13	4	13	11	14	14	14	13
>€150,000	3	6	19	6	6	7	6	4	4
Total	1881	2205	2347	2179	1986	2074	1961	1957	1890

Compensation Awards

Ceisteanna (166)

Peter Burke

Ceist:

166. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality the status of a significant compensation claim for a person (details supplied); and if she will make a statement on the matter. [1241/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am in direct correspondence with the family to whom the Deputy refers in his Question in respect of this claim for payment.

Visa Applications

Ceisteanna (167)

Michael Healy-Rae

Ceist:

167. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of an application for a join family visa in respect of a person (details supplied); and if she will make a statement on the matter. [1243/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Visa Office is currently experiencing delays in processing such applications due to the large volumes of applications of this type received particularly since the second quarter of 2015.

As proceedings in relation to a number of similar such applications are currently before the courts, the Deputy will appreciate that I am somewhat limited in what I can say on the matter.

However, as outlined in my reply to a previous Question on the case, there has been an exponential increase in the number of such applications. While every effort generally is made to process these applications as soon as possible, processing times will vary having regard to the volume of applications, their complexity, the possible need for the Visa Office to investigate, enquire into, or seek further information in relation to certain applications, and the resources available. Unfortunately, due to the large number of applications waiting to be processed and the fact that such applications are processed in chronological order (i.e. based on date order of receipt), I cannot at this time give a definitive date as to when this application will be finalised.

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 [e-mail]

Asylum Applications

Ceisteanna (168)

Bernard Durkan

Ceist:

168. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of an application in the case of a person (details supplied); and if she will make a statement on the matter. [1254/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 26 of the International Protection Act 2015.

The International Protection Act 2015, which repealed the Refugee Act, 1996, was commenced on 31 December 2016, and introduced new arrangements for the investigation and determination of applications for International Protection (refugee status and subsidiary protection) and cases involving permission to remain in the State. Such applications will now be processed as part of a single application procedure by the International Protection Office.

As the Deputy may be aware, the Irish Naturalisation and Immigration Service (INIS) wrote to all applicants in December 2016 to advise them that, insofar as it is required under the transitional requirement in the 2015 Act, they (INIS) would be in touch with them in January 2017 if the new procedures in the 2015 Act applied to their existing application or appeal. Applicants were also advised that they might be asked at that time to provide additional information to assist in the processing of their application.

Court Judgments

Ceisteanna (169, 207, 210)

Michael McGrath

Ceist:

169. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality her views on the comments made by the Master of the High Court (details supplied) that the Circuit Courts around the country are not properly applying EU law in relation to applications for the repossession of homes; and if she will make a statement on the matter. [1355/17]

John Curran

Ceist:

207. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she can take the necessary action to ensure that Circuit Courts and county registrars are correctly implementing Irish and EU law with regard to home repossessions (details supplied); and if she will make a statement on the matter. [1863/17]

Róisín Shortall

Ceist:

210. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the highly critical comments made by the Master of the High Court in relation to the application of the 1993 EU directive on unfair contract terms in consumer contracts within the courts; the steps she is taking to address the issues raised in these comments; if her Department will provide additional resources to conduct necessary awareness raising and additional training; the discussions she has had with the Presidents of the Courts in relation to these matters; and if she will make a statement on the matter. [1938/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 169, 207 and 210 together.

As the Deputy will be aware, the courts are, subject only to the constitution and the law, independent in the exercise of their judicial functions and in the management and conduct of cases which come before them. I am aware of the High Court decision referenced and wish to reassure the Deputy that this is currently being examined by my Department and the matter will be kept under review in terms of any definitive additional obligations arising.

In relation to County Registrars, as a matter of law, a County Registrar may only make an order for possession of any land in cases where no defence to an action for possession has been delivered by the defendant or no appearance has been entered by the defendant. Therefore the power of a County Registrar as regards making possession orders is extremely limited and where any defence is raised by the defendant, including any defence in relation to the nature or terms of the mortgage contract between the borrower and lender, the matter must, when it is in order for hearing, be transferred by the County Registrar to the judge's list at the first opportunity. At that point it would be a matter for the judge to consider any such issues raised, including, if applicable, issues in relation to the EU Directive on Unfair Terms in Consumer Contracts which was given effect to in Ireland by Regulations in 1995 and amending Regulations in 2000 and in 2013. In addition, all orders of a County Registrar are subject to appeal to the Circuit Court.

The Directive and Regulations are a matter for my colleague, the Minister for Jobs, Enterprise and Innovation, and it is understood that the Competition and Consumer Protection Commission has supervisory powers to ensure compliance with the legislation.The raising of this issue in relation to the matters for consideration by the Court in a possession case underlines the critical importance of people who are in mortgage arrears on their homes and who have been issued with legal proceedings engaging with their lender and with the court processes and entering a defence for the consideration of the court where they believe that they have a defence. If they engage with the court processes they will be subject to various forms of statutory and non statutory protection including the provisions of special legislation introduced in 2013 and 2015 and also the ability to avail of the free legal and financial advice services provided for under the Government's Abhaile service introduced in October 2016.

It is already the case, since special insolvency legislation passed in 2015, that a PIA (personal insolvency arrangement), the key statutory insolvency measure which has the objective of keeping a homeowner in arrears in the family home and restoring him/her to solvency, can be imposed by the court in particular circumstances where it has been rejected by the creditors. It is also the case that, under Section 2 of the Land and Conveyancing Law Reform Act 2013 the Circuit Court may, in any repossession proceedings in respect of a borrower's principal private residence, adjourn proceedings so that a proposal for a Personal Insolvency Arrangement (PIA) under the Personal Insolvency Act 2012 may be fully explored as an alternative to repossession. The Act provides for an initial adjournment period not exceeding 2 months, with the possibility of further adjournments where it considers that progress has been made on preparing a Personal Insolvency Arrangement (PIA).

The concentration during the latter part of 2016 was to get the new Government Abhaile service up and running and producing results as the new national mortgage arrears resolution service, operating with MABS (the Money Advice and Budgeting Service which has a network of offices across the country) as the key point of entry. This now ensures that people who are in danger of losing their home have access to free professional advice, including advice from a Personal Insolvency Practitioner. Under this Scheme, home owners who are in arrears on their home mortgage and at risk of losing their homes are provided with access to free independent expert financial and legal advice and assistance, so that a solution can be put in place that will deal with their debt and keep them in their home, where that is a sustainable option.

The Abhaile service is in addition to the help already available from MABS to homeowners in mortgage arrears. This includes the presence of MABS court mentors at all Circuit Court repossession hearings across the country to provide information and assistance to unrepresented borrowers; and providing in-house dedicated Mortgage Arrears advisers (DMA advisers) in MABS offices across the country, specifically to assist and negotiate on behalf of borrowers in mortgage arrears.

Over 3,700 vouchers for financial or legal advice and assistance were issued under Abhaile between 22 July and 13 January 2017, of which over 3,000 were requested for consultations and assistance with Personal Insolvency Practitioners.The Abhaile Scheme includes provision for free legal aid for homeowners where a PIA which includes arrears on the home mortgage has been rejected by creditors and an application needs to be made to the Court to review the case and impose the arrangement where applicable. Legal Aid has been approved under the Abhaile Scheme in over 100 such cases, up to 13 January 2017.

During 2015, the Insolvency Service of Ireland helped almost 1,700 debtors secure permanent debt solutions that returned them to solvency, up from 996 in 2014. The number of people availing of solutions through the Insolvency Service of Ireland continued to grow in 2016. During 2015 ISI received 2,028 applications, 1,371 Protective Certificates were issued and almost 1,700 permanent solutions for debtors were put in place. In the year Quarter 4 of 2015 to Quarter 3 of 2016, the latest full year figures that are available, the ISI received 2,731 applications, 1,581 Protective Certificates were issued and almost 1,800 permanent solutions for debtors were put in place. The number of solutions for this period is expected to increase further over the coming months, as the outcomes of vouchers issued under the Abhaile Scheme come to fruition and as personal insolvency review cases currently before the courts are decided or settled.

Continuing education for the Irish judiciary is facilitated by the Committee for Judicial Studies and any person appointed to judicial office agrees to take such course or courses of training or education, or both, as may be required by the Chief Justice or President of the court to which that person is appointed.

Bench Warrants

Ceisteanna (170)

Michael McGrath

Ceist:

170. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the number of bench warrants currently waiting to be executed in Cork city, Cork west and Cork north Garda divisions; and if she will make a statement on the matter. [1356/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, difficulties in relation to the execution of warrants, including bench warrants, are a long-standing issue for many police forces around the world; notably relating to persons actively seeking to evade detection and where limited identification information might be available to support enforcement. These difficulties are compounded where the warrant has been outstanding for some years. However, I am assured that An Garda Síochána execute warrants as expeditiously as possible, giving priority to the execution of warrants relating to serious crimes.

The Deputy will also appreciate that the figure for outstanding bench warrants recorded by PULSE at any given time reflects an accumulation of old bench warrants which has arisen over the years and that therefore the total figure for outstanding bench warrants as shown on PULSE may not be a reliable indicator of the number of 'live' warrants which are actually enforceable. A welcome analysis of this issue was provided by the Garda Síochána Inspectorate in their report on Crime Investigation of November 2014. The Inspectorate Report acknowledges the difficulties often faced by Gardaí in pursuing the execution of warrants but it also points to deficiencies in the current systems, some of which are tied to the available technology for recording and monitoring information on warrants. In this regard the Government is providing a very important investment in new Garda technology under the Capital Plan 2016 – 2021; some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime.

In addition, as part of the overall strategic transformation programme underway in An Garda Síochána, a Warrants Review Group has been working on means of better managing and enforcing warrants taking on board the Inspectorate's analysis. I am advised that a number of improvements have been put in place, including greater use of clerical support staff which helps to free up Gardaí to concentrate on the execution as opposed to the administration of warrants. I am further advised that warrants enforcement is a recurring agenda item at Garda Senior Management Meetings, as well as regional performance and accountability meetings, to ensure that the situation is continually monitored.

The statistical information requested by the Deputy is set out in the table below.

Division	No. of unexecuted Bench Warrants *
Cork City	750
Cork North	242
Cork West	152

* Figures provided are provisional, operational and liable to change and are valid to 10th January, 2017.

Family Reunification Applications

Ceisteanna (171)

Bernard Durkan

Ceist:

171. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if family reunification can be facilitated to reunite a person (details supplied) with the spouse and children, who are currently in the Netherlands; the correct procedure to be followed in this instance; and if she will make a statement on the matter. [1392/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question made an application for Family Reunification in respect of his wife and children in June 2015. His wife subsequently gave birth to twins and a second application for family reunification in respect of these children was received in July 2016.

The second application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996 and the applicant requested that we put his first application on hold pending the outcome of this investigation, so both applications can be considered together. The applicant has been requested to provide further information and documentation in respect of a number of outstanding issues. The application will be further examined on receipt of the requested information.

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 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.

Residency Permits

Ceisteanna (172)

Bernard Durkan

Ceist:

172. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if a person (details supplied) can expect extension of residency or renewal of residency if compliant with conditions; and if she will make a statement on the matter. [1401/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is currently the holder of an immigration permission until 05 October, 2017. It is open to the person concerned to contact their local Garda National Immigration Bureau registration office for a further renewal period, two weeks in advance of this date. As the person concerned lives in the Dublin metropolitan region, they must present at the Burgh Quay Registration office, 13/14 Burgh Quay, Dublin 2. Attendance is by appointment only. Appointments can be made via the INIS website. To make an appointment go to https://burghquayregistrationoffice.inis.gov.ie/

The Deputy may wish to note that queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information 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.

Legal Aid Service

Ceisteanna (173)

Maureen O'Sullivan

Ceist:

173. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality her views on whether it is acceptable to have members of the Legal Aid Board actively practicing in cases against applicants of legal aid; her further views on whether this practice could possibly create a conflict of interest for the barristers and solicitors representing persons in receipt of legal aid in court cases; and if she will make a statement on the matter. [1421/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, the Legal Aid Board is a statutory body with a statutory Board. The Civil Legal Aid Act 1995 stipulates that two appointees must be practising solicitors and two must be practising barristers. There is a further requirement for two staff nominees with one of these generally a practising solicitor with the Board.

The role of the statutory Board is to provide strategic guidance to the organisation and to monitor the activities and effectiveness of management. It also has a role in developing policy. Board members do not have an executive role and they are not involved in decision making on individual cases save in considering appeals against decisions by the Executive to refuse legal aid applications made on behalf of individual clients. It is a statutory requirement that the Appeal Committee has two practising lawyers, as well as members in reserve. The Board has a Corporate Governance Manual that seeks to address any potential conflict of interest situations and it is express practice that any Committee member who has a conflict of interest in relation to a particular application does not sit on the Committee for the purpose of that application.

The Board has been well served by many eminent lawyers since its establishment and I think the Deputy will appreciate that handling any potential conflict is an inherent part of lawyers work. It does not follow that there is any conflict of interest where a lawyer instructed in a case happens to be a member of the Board simply because one of the parties is legally aided - such a case is conducted in the same way as any other case. There may be occasional circumstances in which such a conflict could arise, however I am satisfied that the Board has suitable arrangements in place to address this.

Deportation Orders Re-examination

Ceisteanna (174)

Bernard Durkan

Ceist:

174. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review the decision to deport the spouse of a person (details supplied); and if she will make a statement on the matter. [1427/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I 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 June 2002.

Representations were received asking for the Deportation Order to revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following consideration of the information submitted the Deportation Order was affirmed on 25 April 2016.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order in this case is an operational matter for the Garda National Immigration Bureau.

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.

Naturalisation Applications

Ceisteanna (175)

Bernard Durkan

Ceist:

175. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of application for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [1431/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing.

A letter issued to the legal representatives of the person concerned on 25 October 2016 requesting certain information, however no response has been received to date. Upon receipt of the requested information, or in the event that the persons concerned do not respond, the case will be submitted to me for decision in due course.

As 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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Residency Permits

Ceisteanna (176)

Bernard Durkan

Ceist:

176. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of application pursuant to the Zambrano judgment in the case of a person (details supplied); and if she will make a statement on the matter. [1437/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the relevant section of the INIS on 28 September, 2016. The Deputy will appreciate that applications are, generally, dealt with in chronological order. If further information or documentation is required, the person concerned will be contacted in writing by the relevant officials in INIS in due course.

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.

Drugs Seizures

Ceisteanna (177)

Niamh Smyth

Ceist:

177. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number of drug hauls there were in counties Cavan and Monaghan in the past 12 months; the quantities and types of drugs which were uncovered; the number of persons arrested; the total street value of the drugs discovered; and the locations they were uncovered at. [1453/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I have requested a report from the Garda authorities on the matter raised by the Deputy and I will be in contact again when that report is to hand.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 177 dated 17 January 2017, in which you requested details of drug hauls made in counties Cavan and Monaghan in the past 12 months.

As you may recall, I indicated that I would request a report from the Garda authorities on this matter and contact you again upon receipt of that report.

I have now been advised by the Garda authorities that during 2016, 35 persons were arrested in An Garda Siochána's Cavan/Monaghan Garda Division in connection with 33 seizures of drugs. Details of the locations of the seizures are provided in the table appended.

The types of drugs seized include cannabis herb, resin and plants, synthetic cannabinoids, cocaine, heroin, ecstasy and prescription drugs with a total estimated street-value of approximately €450,000, subject to forensic analysis by Forensic Science Ireland.

As a number of the drugs seized are awaiting analysis by Forensic Science Ireland it is not possible as yet to provide more specific details of the quantities of each type of drugs seized. However, I am informed by the Garda authorities that cannabis is the most frequently abused illicit substance in the Division and that the detection of a number of cannabis grow houses in the Division accounted for a significant amount and value of the drugs seized.

Finally, I am further advised by the Garda authorities that the Divisional Officer of the Cavan/Monaghan Division has commenced a review of drugs offences in the Division. The findings of this evaluation will assist in determining the appropriate Garda strategies and policing plans that will be put in place to disrupt, dismantle and target drug related criminality in the Division.

This information will, taking into consideration crime trends and other policing needs, including the ongoing allocation of additional resources, inform local Garda management in ensuring that the best possible Garda service is, and continues to be, provided to local communities in the Cavan/Monaghan Division.

Garda Operations

Ceisteanna (178)

Niamh Smyth

Ceist:

178. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if she will clarify an issue (details supplied); and if she will make a statement on the matter. [1457/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

I have requested a report from the Garda Commissioner in relation to the matter in question and I will write directly to the Deputy when the report is to hand.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 178 for answer on Tuesday 17, January, 2017.

At the time I responded to the effect that I would request the information from the Garda Commissioner and I would write directly to you on receipt of the same.

As you will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I am informed that the number of Gardaí assigned to the Cavan/Monaghan Garda Division on the 30 November 2016, the latest date for which figures are readily available was 317, with 14 reserves and 35 civilians. It is important to note that all Gardaí have a responsibility in the prevention and detection of criminal activity whether it be in the area of drug offences or otherwise. The Garda National Drugs and Organised Crime Bureau leads out the policing strategy for tackling drugs supply. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide.

I am further informed that the prevention and detection of drug related offences is a priority within the Cavan/Monaghan Division and that all Gardaí in the Division, both uniform and detective, are engaged in intelligence-led policing and the undertaking of targeted operations against those involved in drug-related crime. In addition, Garda personnel from the Division continue to work with the Garda National Drugs and Organised Crime Bureau in this regard. I am advised that local Garda management are satisfied that this strategy ensures the optimal use of resources in targeting persons involved in the illicit sale and supply of drugs.

This Government is committed to ensuring visible, effective and responsive policing throughout the country in order to strengthen community engagement, provide reassurance to citizens and prevent crime. To make this a reality for all, the Government has in place a plan to achieve 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. Appointments will also be made to the Garda Reserve of approximately 300.

Since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, including 17 to the Cavan/Monaghan Division. I am informed by the Garda Commissioner that another 900 trainee Garda are scheduled to attest in 2017 which will bring Garda numbers to around the 13,500 mark by year end.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Siochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the Cavan/Monaghan Division, in the coming years.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will support An Garda Síochana in tackling all criminal activity.

I hope this information is of assistance.

Garda Operations

Ceisteanna (179)

Niamh Smyth

Ceist:

179. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number of persons by county that were caught for drink-driving offences from December 2016 up until 9 January 2017; and if she will make a statement on the matter. [1458/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I would like to thank the Deputy for raising this important issue. I am deeply conscious of the serious issue of road safety and mindful of the increase in 2016 of road traffic fatalities. I am also mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving more generally on the quality of life of residents in local communities across the country.

As you are aware, I have no direct role in the enforcement of Road Traffic legislation, which is an operational matter for the Garda Commissioner. However, I am informed by the Garda authorities that table below shows the number of incidents of 'Driving Under the Influence' recorded, by Garda Division, for the period 1 December 2016 to 8 January 2017. The figures are provided by Garda Division as the information requested is not recorded on a County-by-County basis.

	Number of incidents of Driving Under the Influence recorded, by Garda Division, for the period 1 Dec 2016 to 8 Jan 2017*
Division	No. of Incidents
Cavan/Monaghan	48
Clare	20
Cork City	45
Cork North	32
Cork West	24
Dublin Metropolitan Region East	12
Dublin Metropolitan Region North Central	19
Dublin Metropolitan Region North	54
Dublin Metropolitan Region South Central	15
Dublin Metropolitan Region South	31
Dublin Metropolitan Region West	38
Donegal	35
Galway	69
Kerry	31
Kildare	59
Kilkenny/Carlow	28
Laois/Offaly	30
Limerick	53
Louth	26
Mayo	22
Meath	37
Roscommon/Longford	32
Sligo/Leitrim	20
Tipperary	59
Waterford	35
Westmeath	34
Wexford	28
Wicklow	25
Total	961

*These figures are provisional, operational and subject to change and are valid to 10 January 2017.

Road safety is a shared responsibility; one which, as you are aware, the Government takes very seriously. Ireland's current Road Safety Strategy (2013 - 2020) aims to place Ireland consistently on the list of safest countries in the EU and beyond. To achieve this, we are continuing to work together in partnership. I attended a meeting of the Joint Ministerial Committee on Road Safety recently, along with the Road Safety Authority, An Garda Síochána, the Attorney General and other agencies. This Committee oversees the implementation of the Road Safety Strategy and provides a forum for high-level discussion of road safety issues and generally meets twice a year; however in light of the 2016 increase in road fatalities, the meeting was brought forward to January. The purpose of the meeting was to bring together all stakeholders to see what immediate actions could be taken to reverse the upward trend in road fatalities. During this meeting, An Garda Síochána indicated that there will be an additional 10% increase in the traffic corps during the course of 2017, which should also lead to better outcomes in relation to road traffic enforcement. An Garda Síochána also informed the meeting that it was intended to have a stronger focus on road traffic enforcement in the training provided to new recruits at Templemore.

Following this meeting, my colleague Minister Ross announced that his Department will review Section 29 of the Road Traffic 2010 with an intention of ensuring that all drivers, if caught drink driving, will in future receive a mandatory disqualification.