Tuesday, 17 Jan 2017

Written Answers Nos. 100-119

Cabinet Committees

Ceisteanna (100)

Dara Calleary

Ceist:

100. Deputy Dara Calleary asked the Taoiseach the number and membership of each Cabinet committee; and the number of occasions each committee has met since the formation of the Government. [41258/16]

Freagraí scríofa

The Taoiseach

I chair each of the ten Cabinet Committees established since the formation of the government. The membership is as follows:

Cabinet Committee	Membership
Housing	Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Housing, Planning, Community and Local Government Minister for Finance Minister for Social Protection Minister for Public Expenditure and Reform Minister for Transport, Tourism and Sport Minister of State for Housing and Urban Renewal

Cabinet Committee	Membership
Health	Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Health Minister for Public Expenditure and Reform Minister for Children and Youth Affairs Minister of State for Disability Issues Minister of State for Mental Health and Older People Minister of State for Health Promotion Minister of State for Communities and the National Drugs Strategy
Social Policy and Public Service Reform	Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Public Expenditure and Reform Minister for Social Protection Minister for Children and Youth Affairs Minister for Health Minister for Education & Skills Minister for Housing, Planning, Community and Local Government Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs Minister of State for Disability Issues Minister of State for Communities and the National Drugs Strategy Minister of State for Equality, Immigration and Integration Minister of State for Health Promotion Minister of State for Mental Health and Older People Minister of State for Training and Skills Minister of State for Financial Services, eGovernment and Public Procurement
Justice Reform	Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Public Expenditure and Reform Minister for Transport, Tourism and Sport Attorney General

Cabinet Committee	Membership
European Affairs	Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Finance Minister for Public Expenditure and Reform Minister for Foreign Affairs and Trade Minister for Jobs, Enterprise and Innovation Minister for Communications, Climate Action and Environment Minister for Agriculture, Food and the Marine Minister for Transport, Tourism and Sport Minister of State for European Affairs, Data Protection and the EU Digital Single Market Minister of State for Defence Attorney General
Regional and Rural Affairs	Taoiseach (Chair) Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs Tánaiste and Minister for Justice and Equality Minister for Finance Minister for Education and Skills Minister for Health Minister for Housing, Planning, Community and Local Government Minister for Social Protection Minister for Public Expenditure and Reform Minister for Agriculture, Food and the Marine Minister for Communications, Climate Action and Environment Minister for Transport, Tourism and Sport Minister for Jobs, Enterprise and Innovation Minister of State for Regional Economic Development Minister of State for OPW and Flood Relief

Cabinet Committee	Membership
Economy, Trade and Jobs	Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Finance Minister for Education and Skills Minister for Housing, Planning, Community and Local Government Minister for Social Protection Minister for Foreign Affairs and Trade Minister for Public Expenditure and Reform Minister for Jobs, Enterprise and Innovation Minister for Agriculture, Food and the Marine Minister for Transport, Tourism and Sport Minister of State for Employment and Small Business Minister of State for Training and Skills Minister of State for Financial Services, eGovernment and Public Procurement
Infrastructure, Environment and Climate Action	Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Finance Minister for Housing, Planning, Community and Local Government Minister for Public Expenditure and Reform Minister for Jobs, Enterprise and Innovation Minister for Communications, Climate Action and Environment Minister for Agriculture, Food and the Marine Minister for Transport, Tourism and Sport Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs Minister of State for Housing and Urban Renewal
Arts, Irish, the Gaeltacht and the Islands	Taoiseach (Chair) Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs Minister for Education and Skills Minister for Public Expenditure and Reform Minister for Communications, Climate Action and Environment Minister of State for Gaeltacht Affairs and Natural Resources

Cabinet Committee

Membership

Brexit

Taoiseach (Chair) Tánaiste and Minister for Justice and Equality Minister for Foreign Affairs and Trade Minister for Finance Minister for Public Expenditure and Reform Minister for Communications, Climate Action and Environment Minister for Jobs, Enterprise and Innovation Minister for Social Protection Minister for Transport, Tourism and Sport Minister for Agriculture, Food and the Marine Minister of State for European Affairs, Data Protection and the EU Single Digital Market Minister of State for Financial Services, eGovernment and Public Procurement

The Committee on Housing has met 14 times; the Committee on Health has met seven times; the Committee on Brexit five times; the Committees on Social Policy and Public Service Reform, Regional and Rural Affairs and Economy, Trade and Jobs have met four times each; the Committees on European Affairs and Infrastructure, Environment and Climate Action have met three times each; the Committee on Justice Reform has met twice; and the Committee on Arts, Irish and the Gaeltacht and the Islands has met once.

Departmental Records

Ceisteanna (101)

Catherine Murphy

Ceist:

101. Deputy Catherine Murphy asked the Taoiseach the cost per year for the past three years for the storage and archiving of his Department's files and records at off-site locations by third party companies and at State-owned storage facilities; and if he will make a statement on the matter. [1129/17]

Freagraí scríofa

The Taoiseach

My Department does not have any storage costs for archiving in state owned storage facilities. The cost of third party off-site storage facilities for the Department's files and records is shown in the table below:

Year	Amount
2014	€5,775.88
2015	€5,775.88
2016	€5,775.88
Total	€17,327.64

Departmental Staff Data

Ceisteanna (102)

David Cullinane

Ceist:

102. Deputy David Cullinane asked the Taoiseach the number of full-time equivalent Civil Service workers in gross income ranges (details supplied) in his Department for each of the years 2007 to 2015. [1232/17]

Freagraí scríofa

The Taoiseach

The following table sets out the number of staff on my Department's payroll (both established and non-established civil servants) for the years 2007 to 2015, in the income ranges requested.

Department of the Taoiseach
Payroll Year	Band Range	Number of Employees
2007	01:  €0 to €30,000	118
	02:  €30,000 to €40,000	40
	03:  €40,000 to €50,000	51
	04:  €50,000 to €60,000	28
	05:  €60,000 to €70,000	16
	06:  €70,000 to €80,000	12
	07:  €80,000 to €90,000	12
	08:  €90,000 to €100,000	5
	09:  €100,000 to €125,000	15
	10:  €125,000 to €150,000	2
	11:  Over €150,000	5
2007 Total		304
2008	01:  €0 to €30,000	105
	02:  €30,000 to €40,000	43
	03:  €40,000 to €50,000	39
	04:  €50,000 to €60,000	40
	05:  €60,000 to €70,000	21
	06:  €70,000 to €80,000	10
	07:  €80,000 to €90,000	8
	08:  €90,000 to €100,000	7
	09:  €100,000 to €125,000	16
	10:  €125,000 to €150,000	4
	11:  Over €150,000	5
2008 Total		298
2009	01:  €0 to €30,000	56
	02:  €30,000 to €40,000	43
	03:  €40,000 to €50,000	40
	04:  €50,000 to €60,000	39
	05:  €60,000 to €70,000	15
	06:  €70,000 to €80,000	13
	07:  €80,000 to €90,000	8
	08:  €90,000 to €100,000	6
	09:  €100,000 to €125,000	15
	10:  €125,000 to €150,000	6
	11:  Over €150,000	6
2009 Total		247
2010	01:  €0 to €30,000	77
	02:  €30,000 to €40,000	46
	03:  €40,000 to €50,000	35
	04:  €50,000 to €60,000	30
	05:  €60,000 to €70,000	12
	06:  €70,000 to €80,000	12
	07:  €80,000 to €90,000	5
	08:  €90,000 to €100,000	6
	09:  €100,000 to €125,000	8
	10:  €125,000 to €150,000	8
	11:  Over €150,000	3
2010 Total		242
2011	01:  €0 to €30,000	84
	02:  €30,000 to €40,000	47
	03:  €40,000 to €50,000	39
	04:  €50,000 to €60,000	27
	05:  €60,000 to €70,000	10
	06:  €70,000 to €80,000	13
	07:  €80,000 to €90,000	7
	08:  €90,000 to €100,000	7
	09:  €100,000 to €125,000	7
	10:  €125,000 to €150,000	4
	11:  Over €150,000	2
2011 Total		247
2012	01:  €0 to €30,000	79
	02:  €30,000 to €40,000	42
	03:  €40,000 to €50,000	35
	04:  €50,000 to €60,000	26
	05:  €60,000 to €70,000	13
	06:  €70,000 to €80,000	14
	07:  €80,000 to €90,000	14
	08:  €90,000 to €100,000	6
	09:  €100,000 to €125,000	6
	10:  €125,000 to €150,000	3
	11:  Over €150,000	4
2012 Total		242
2013	01:  €0 to €30,000	122
	02:  €30,000 to €40,000	36
	03:  €40,000 to €50,000	42
	04:  €50,000 to €60,000	23
	05:  €60,000 to €70,000	18
	06:  €70,000 to €80,000	15
	07:  €80,000 to €90,000	11
	08:  €90,000 to €100,000	7
	09:  €100,000 to €125,000	6
	10:  €125,000 to €150,000	4
	11:  Over €150,000	4
2013 Total		288
2014	01:  €0 to €30,000	119
	02:  €30,000 to €40,000	39
	03:  €40,000 to €50,000	39
	04:  €50,000 to €60,000	27
	05:  €60,000 to €70,000	20
	06:  €70,000 to €80,000	16
	07:  €80,000 to €90,000	6
	08:  €90,000 to €100,000	9
	09:  €100,000 to €125,000	4
	10:  €125,000 to €150,000	3
	11:  Over €150,000	3
2014 Total		285
2015	01:  €0 to €30,000	74
	02:  €30,000 to €40,000	33
	03:  €40,000 to €50,000	33
	04:  €50,000 to €60,000	33
	05:  €60,000 to €70,000	18
	06:  €70,000 to €80,000	12
	07:  €80,000 to €90,000	17
	08:  €90,000 to €100,000	9
	09:  €100,000 to €125,000	5
	10:  €125,000 to €150,000	4
	11:  Over €150,000	4
2015 Total		242

Departmental Staff Remuneration

Ceisteanna (103)

Joan Burton

Ceist:

103. Deputy Joan Burton asked the Taoiseach if any of his special advisers, personal assistants or personal secretaries and other non-established civil servants, whose contracts were coterminous with his holding the office of Taoiseach, that ceased employment on 6 May 2016 on the election of a new Government, were afforded two weeks' pay in lieu of notice. [1622/17]

Freagraí scríofa

The Taoiseach

No staff members whose contracts were coterminous with me as holder of the office of Taoiseach ceased employment on 6 May 2016.

However, my Department did pay two weeks' salary in lieu of notice to two members of staff in 2016:

- a civilian driver whose contract was coterminous with the Leader of the Seanad; and

- the Deputy Government Press Secretary whose contract was coterminous with the then Tánaiste.

Departmental Functions

Ceisteanna (104)

Jim O'Callaghan

Ceist:

104. Deputy Jim O'Callaghan asked the Taoiseach if his Department has complied with section 42 of the Irish Human Rights and Equality Commission Act 2014 which requires his Department to set out, in a manner that is accessible to the public in its strategic plan, an assessment of the human rights and equality issues it views to be relevant to the functions and purpose of his Department; and the policies, plans and actions in place or proposed to be put in place to address those issues. [1761/17]

Freagraí scríofa

The Taoiseach

My Department is fully aware and committed to meeting new Public Sector duty requirements set out in the Irish Human Rights and Equality Commission Act 2014 which outlines how all public sector bodies must incorporate human rights and equality into the performance of their functions.

Arising from my own Department's engagement with the Irish Human Rights and Equality Commission, my department set out to all Departments their obligations under Section 42 of the 2014 Act in the context of guidance issued earlier this year to assist departments in the preparation of their Strategy Statements.

My own Department's Strategy Statement, which will be published shortly, reflects its commitment to the new Public Sector Duty obligations and will undertake a more comprehensive assessment of human rights and equality issues having regard to its role in policy development and providing services and its responsibilities as an employer.

Public Sector Staff Retirements

Ceisteanna (105)

Robert Troy

Ceist:

105. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the reason a person (details supplied) was refused ill health retirement by the chief medical officer. [41398/16]

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. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that it is a matter for the Chief Medical Officer to determine whether or not a member of staff meets the criteria for ill-health retirement. Therefore any request for information should be directed to the Office of the Chief Medical Officer.

The Courts Service has further advised that, at the time the request for ill-health retirement was refused, the Courts Service provided the employee with a copy of the report of the Chief Medical Officer in his case and that he was also provided with the report arising out of a subsequent appeal of this recommendation.

Commercial Rates

Ceisteanna (106)

Mick Wallace

Ceist:

106. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if a company's properties (details supplied) will be charged commercial business rates. [41458/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

It is assumed from the details supplied that the Deputy's question relates to the liability for commercial rates of properties made available for short term lettings in general, including through the particular online service referred to by the Deputy.

The Commissioner of Valuation is independent in the exercise of his functions and I am advised by him that, as a general principle, it is the nature of the property (whether domestic premises, apartment, hotel, apart-hotel, etc.) that determines its ratability rather than the medium or manner through which it is let, e.g. it is immaterial whether a property is rented by way of a short-term letting through a facilitation company such as that referred to by the Deputy or rented annually or through a longer-term letting arrangement. The Valuation Act 2001, as amended, provides that all buildings used or developed for any purpose are rateable unless expressly exempted under Schedule 4 to the Act. However, such exemptions specifically include any "domestic premises" except for apartments which may be rateable in certain limited circumstances specified in the Act.

Arising from Schedule 4 to the Act, domestic premises which provide Bed and Breakfast type accommodation and/or lodgings are not rateable. Similarly, apartments that are used as domestic premises are not rateable. However, apartments which are used for the purposes of the trade of hotel-keeping (referred to as "apart-hotels" in the Act) are rateable.

Under Section 27 of the Valuation Act 2001, as amended, an occupier of a property, a rating authority, an interest holder in a property or the occupier of any other property in that rating authority area may apply in writing to the Commissioner of Valuation for a revision of valuation. Similarly, those parties can also apply to have a property entered on a valuation list. Any party dissatisfied with the outcome of such an application may appeal to the independent Valuation Tribunal. There is also a further right of appeal to the High Court and ultimately to the Supreme Court on a point of law.

Once a property has been valued and entered on a valuation list, the calculation, collection and payment of rates is entirely a matter for the rating authority concerned.

Strategy on Domestic, Sexual and Gender-Based Violence

Ceisteanna (107, 137)

John Brady

Ceist:

107. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the steps that have been taken to bring practice in line with the commitment the State has made in signing the Council of Europe Convention on preventing and combatting violence against women and domestic violence, in view of the fact that the convention contains rules on the retention of residence status by victims of domestic violence; and if she will make a statement on the matter. [41607/16]

John Brady

Ceist:

137. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the steps that have been taken to bring practice in line with the commitment the State has made in signing the Council of Europe Convention on preventing and combatting violence against women and domestic violence, in view of the fact that the convention contains rules on the retention of residence status by victims of domestic violence; and if she will make a statement on the matter. [41609/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 107 and 137 together.

The Istanbul Convention is a significant legal instrument in combatting domestic violence and work is underway in implementing the remaining legislative and administrative actions required to enable Ireland to ratify the Convention. With regard to the Convention article which is the subject of the Deputy's question, Ireland is already compliant.

The Irish Naturalisation and Immigration Service (INIS) has published guidelines on how the Irish immigration system deals with cases of domestic violence where the victim is a foreign national whose immigration status is currently derived from or dependant on that of the perpetrator. The key element is to offer the victim an avenue to obtain independent immigration status is his/her own right. The guidelines set out the options that people have in these circumstances.

INIS considers each case on its merits. INIS requires as much information as possible to make a decision. The application for independent status as a victim of domestic violence should set out details of the domestic violence suffered and make a request for independent immigration status. Any relevant family circumstances, especially whether there are any children involved, should be disclosed.

The sort of supporting material INIS looks for to establish that domestic violence is being suffered would include Protection Orders; Safety Orders or Barring Orders from the Courts; medical reports; Garda incident reports; a letter from a State body such as the HSE; a letter of support from a domestic violence support organisation etc.

Generally the immigration status granted would be at the same level as that which was previously held as a dependant. The main difference is that this status is no longer dependent on the spouse or partner and that person will have no say in whether the applicant is permitted to stay in Ireland. Where it becomes necessary for the victim to work to support themselves or family members lawfully residing in the State, an appropriate status can be granted.

State Pensions

Ceisteanna (108)

Brendan Griffin

Ceist:

108. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding the Garda Síochána spouses' and children's scheme; and if she will make a statement on the matter. [1370/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am informed that the circumstances of this case are such that unfortunately the person identified by the Deputy is not provided for under the Scheme. However, my Department has taken the matter up with the Department of Public Expenditure and Reform to explore if there is any scope for exceptional treatment. As soon as this information is received, a final decision will be communicated to the person.

Garda Stations

Ceisteanna (109)

Mattie McGrath

Ceist:

109. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the timeline for the upgrading and transfer of Clonmel Garda station, County Tipperary; and if she will make a statement on the matter. [41055/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations.

As the Deputy will be aware, the development of a new Garda station at Clonmel is among the projects included in the Garda Building and Refurbishment Programme 2016-2021, which I announced on 21 October 2015 with my colleague the Minister of State at the OPW.

I am informed by the Garda authorities that the site for the new station is located within the former Kickham Barracks site and that arrangements for the transfer of the site from Tipperary County Council to the OPW are currently underway.

Closed-Circuit Television Systems Provision

Ceisteanna (110)

Michael Healy-Rae

Ceist:

110. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of the proposal for closed-circuit television monitoring for a town (details supplied) in County Kerry; and if she will make a statement on the matter. [41060/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy will be aware that the operation of CCTV schemes in public areas is governed by the provisions of section 38 of the Garda Síochána Act 2005. Under those provisions, decisions in relation to the introduction or extension of such schemes are a matter for the Garda Commissioner and I, as Minister, have no role in relation to these matters.

Garda CCTV systems are planned and implemented on the basis of the identified operational needs and priorities of An Garda Síochána and are kept under review by the Garda authorities. In this context, the CCTV Advisory Committee was established to advise on all aspects of CCTV operated for the purpose of increasing public safety and reducing the risk of anti-social and criminal activity. The Committee also examines applications for CCTV schemes and makes appropriate recommendations having regard to the provisions of the Garda Síochána Act and the Garda Policy for the operation and use of CCTV schemes.

I am advised by the Garda authorities that the Committee is not currently in receipt of any application to introduce a CCTV scheme in the area referred to by the Deputy.

Garda Security Escorts

Ceisteanna (111)

Michael McGrath

Ceist:

111. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the amount paid by banks in respect of the armed security provided for cash in transit transfers for each year since 2000; the current arrangements that apply; if she has satisfied herself with the level of security in place; and if she will make a statement on the matter. [41062/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

A signed Memorandum of Understanding is in place between the Department of Justice and Equality and An Garda Síochána and the Irish Banking Federation for the provision of cash in transit escorts by An Garda Síochána. I am informed by the Garda Authorities that for reasons of security An Garda Síochána does not disclose the nature of the measures in place in this regard. The information sought by the Deputy in respect of amounts paid by banks is as set out in the following table.

Year	€000
2000	952
2001	952
2002	952
2003	952
2004	5,000
2005	3,000
2006	4,250
2007	4,997
2008	4,881
2009	4,822
2010	4,276
2011	3,836
2012	2,220
2013	2,599
2014	489
2015	999
2016 (provisional)*	1,273

* The outturn for 2016 is provisional until the Appropriation Accounts are finalised.

Garda Strength

Ceisteanna (112, 113)

Joan Burton

Ceist:

112. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality the number of gardaí allocated to the Lucan district; the number of community gardaí assigned to that district; the number of new recruits assigned to the district; and if she will make a statement on the matter. [41068/16]

Joan Burton

Ceist:

113. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality the number of gardaí allocated to the Clondalkin Garda district; the number of community gardaí assigned to that district; the number of new recruits assigned to Dublin; and if she will make a statement on the matter. [41069/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 112 and 113 together.

As the Deputy will appreciate, the Garda Commissioner 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. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. I am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

The Lucan and Clondalkin Garda Districts form part of the Dublin Metropolitan Region (DMR) West Division and I am informed that on the 30 November 2016, the latest date for which figures are readily available, the Garda strength of the Lucan District was 164, of whom 6 were Community Gardaí and the strength of the Clondalkin District was 197, of whom 7 were Community Gardaí.

When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Garda National Drugs and Organised Crime Bureau.

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.

Taking account of projected retirements, reaching a strength of 15,000 members will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that have been recruited since the reopening of the Garda College in September 2014. So far 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide, including 62 to the DMR West 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.

The focus on investment in personnel is critical. While it is the case, as advised by the Commissioner, that all Gardaí have a role to play in addressing community policing issues as and when the need arises and, in that sense, community policing involves far more than a single unit within An Garda Síochána, the moratorium on recruitment introduced in 2010 resulted in a significant reduction in the number of dedicated Community Gardaí throughout the state. We are now rebuilding the Garda Síochána and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí including Community Gardaí across every Garda 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 see an increase in Garda visibility in our communities.

Mental Health Services Provision

Ceisteanna (114)

Mary Lou McDonald

Ceist:

114. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Justice and Equality the psychological and medical interventions and supports which have been provided to a person (details supplied) who is currently on remand in Cloverhill Prison; if she will liaise with the Department of Health to urgently provide the person with necessary psychiatric medical intervention and admission to the Central Mental Hospital; and if she will make a statement on the matter. [41174/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that the prisoner concerned remains in custody in Cloverhill Prison to date, and is currently under the care of the In-Reach Forensic Mental Health Services from the Central Mental Hospital. The In-Reach team has referred this patient for admission to the services of the Central Mental Hospital, and he is currently awaiting a transfer to those services. I understand that he is currently on the transfer list, and is likely to be transferred when a bed becomes available in the Central Mental Hospital.

In the interim, he continues to have access to the full range of healthcare, and psychological services available to all persons in custody, including access to the prison doctor, and nursing services on an ongoing basis.

The Irish Prison Service has confirmed that it will continue to liaise with its colleagues in the Central Mental Hospital in relation to the transfer of this patient to its care, and that transfer will be facilitated as soon as possible.

Commencement of Legislation

Ceisteanna (115)

Jim O'Callaghan

Ceist:

115. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her plans to commence Part 2 of the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [41182/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act is being commenced on a phased basis and it is my intention that the new decision-making support options provided for in the Act will be substantially implemented during 2017.

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 Act come into force. 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.

Part 2 of the Act (section 8) provides for the guiding principles that will apply before and during an intervention under the Act in relation to a "relevant person", which is a person whose capacity is in question or may shortly be in question in respect of one or more matters or who lacks capacity in respect of one or more matters. Section 2 of the Act defines an “intervention” as meaning an action, order or direction under the Act in respect of a relevant person done by (a) the Circuit Court or High Court, (b) a decision-making assistant, co-decision maker, decision-making representative, attorney or designated healthcare representative, (c) the Director of the Decision Support Service, (d) a special visitor or general visitor, or (e) a healthcare professional.

The guiding principles in section 8 of the Act link into the continuum of decision-support options provided for in the Act to respond to the needs of persons with capacity difficulties. Persons who make interventions under the Act must abide by these general principles. Section 8(5) provides that there shall be no intervention unless it is necessary to do so having regard to the individual circumstances of the relevant person.

As Part 2 of the Act is so closely connected with the new decision-making support options provided for in the Act, I am of the view that it would be premature to commence Part 2 until the Decision Support Service has been established and is ready to begin the implementation of the substantive provisions of the Act.

Mortgage Resolution Processes

Ceisteanna (116)

Peadar Tóibín

Ceist:

116. Deputy Peadar Tóibín asked the Tánaiste and Minister for Justice and Equality the number of solicitors operating in County Meath dealing with schemes in Abhaile. [41247/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, Abhaile, the national mortgage arrears resolution service, was launched in early October and it includes a new Scheme of independent financial and legal advice and assistance to insolvent homeowners who are at risk of losing their homes due to mortgage arrears.

The Scheme is coordinated by the Department of Justice and Equality and the Department of Social Protection, and is available across the country through the Money Advice and Budgeting Service (MABS), working in conjunction with the Citizens' Information Board, the Insolvency Service of Ireland (ISI), and the Legal Aid Board. The homeowner contacts MABS, which will assess their situation and can refer them for advice and assistance from a personal insolvency practitioner (PIP), a solicitor or an accountant, depending on their needs and options. This professional advice and assistance is provided free of charge to the homeowner, under a Scheme voucher issued by MABS, by a professional adviser from one of the panels established and regulated under the Scheme.

Under the Scheme, the borrower is free to choose a professional adviser from the panel, subject to availability, and this is stated on page 1 of the Scheme's information booklet for borrowers. The ISI has established the panel of PIPs who are available to provide advice and assistance under the Abhaile Scheme, and this is published on the ISI website. The borrower is free under the Scheme to choose any PIP from the panel, subject to availability. The website provides contact details for each PIP and indicates in which county he or she is based. However, many PIPs provide services across a number of counties, and the website indicates that the borrower is free to contact any of the PIPs on the panel.

The solicitor panels set up by the Legal Aid Board are by court area. The Board has 3 solicitors on the Abhaile panel for the Trim Circuit Court area which is the only Circuit court in County Meath - the designated Court for listing of home repossession cases.

Fines Administration

Ceisteanna (117)

Tony McLoughlin

Ceist:

117. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that the section of the Recovery of Fines Act 2014 which requires the purchaser of a property or borrowers to undertake additional searches on completion of conveyancing transactions is having a damaging effect on the efforts of law professionals to keep costs low in this sector (details supplied); if her attention has been further drawn to the fact that each individual check can cost up to €60; and if she will take the concerns of the law professionals in counties Sligo and Leitrim into consideration on this issue and look to address it in legislation. [41249/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

Section 8 of the Fines (Payment and Recovery) Act 2014 provides for the appointment of a receiver in default of payment of a fine. The receiver has powers, inter alia, to seize and sell property belonging to a fined person in default of payment. There have been no court orders made to date giving effect to the powers in question. I have received no representations relating to the implications of this provision for searches necessary in the context of the conveyancing process. However, I have asked my Department to monitor the implementation of all aspects of the 2014 Act and in this context to have regard to any effect of the said powers to seize and sell property.

Garda Vetting Applications

Ceisteanna (118)

Frank O'Rourke

Ceist:

118. Deputy Frank O'Rourke asked the Tánaiste and Minister for Justice and Equality if Garda vetting can be done in such a way that a person with a clean record gets a card valid for a period of up to three years similar to the system used in Australia; and if she will make a statement on the matter. [41307/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that the primary purpose of the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults and it is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016. Vetting checks are conducted by the Garda National Vetting Bureau for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original Vetting Disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions.

Furthermore, the Data Protection Acts require that any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Importantly, the general non-transferability and contemporaneous nature of the current process also helps to protect against the risk of fraud or forgery in the process.

I am pleased to inform the Deputy that at present, 80% of overall vetting applications are being processed by the National Vetting Bureau in five working days. This efficiency in the Garda vetting systems has been achieved by the deployment of the e-Vetting system which facilitates the on-line processing of applications for vetting from registered organisations. The e-Vetting system is available to all registered organisations and the Garda Authorities are ready to assist those organisations who are not yet using the e-Vetting system to do so. In circumstances where there is such a sustained reduction in processing times, the issue of vetting “transferability” is very largely obviated.

There are certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. Section 12(3)(A) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (as amended) provides that two or more relevant organisations can enter into a joint written agreement in relation to the employment, contracting, permitting or placement of an person to undertake relevant work or activities thereby providing for only one of the organisations being required to conduct vetting in respect of that person.

Garda Strength

Ceisteanna (119)

Thomas P. Broughan

Ceist:

119. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of gardaí attached to the Garda traffic corps as of 31 December 2013, 31 December 2014, 31 December 2015 and 12 December 2016; and if she will make a statement on the matter. [41313/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including to the Garda Traffic Corps and I, as Minister, have no direct role in the matter. I am assured by the 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.

I am informed by the Garda authorities that the strength of the Garda Traffic Corps in the years 2013 to 2015 and, as of the 30 November 2016, the latest date which figures are readily available, was as set out in the table below. In addition, there is a Chief Superintendent attached to the DMR Traffic Corps, and a Regional Traffic Superintendent attached to each of the 6 Garda Regions.

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. 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.

The 2017 Garda Policing Plan has indicated a commitment to increase the number of personnel dedicated to traffic duties by 10% to reflect the increasing numbers of personnel across the entire organisation. Given that there was no recruitment for a period of five years it will take some time before there are fully trained officers available to replace the number of personnel that have retired across the entire organisation, including traffic. However, the Commissioner has confirmed that the personnel requirements of the Garda Traffic Corps is currently being assessed to identifying the most vulnerable areas in regard to serious traffic collisions and the level of compliance to Road Traffic Legislation. Combined with this data I am informed that the Assistant Commissioner, Roads Policing and Major Event/Emergency Management is currently assessing the capacity of Divisions and Districts to identify and target areas where An Garda Síochána could accelerate the deployment of personnel to traffic in 2017. The filling of the vacancies identified will be conducted on a structured basis and will be further enhanced with the recently renewed recruitment campaigns to An Garda Síochána.

Road traffic legislation is, of course, 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.

Garda Traffic Corps Strength
31 December 2013	804
31 December 2014	742
31 December 2015	716
30 November 2016	674