Tuesday, 7 Feb 2017

Written Answers Nos. 95-119

Enterprise Data

Ceisteanna (95)

Niall Collins

Ceist:

95. Deputy Niall Collins asked the Taoiseach the total number of male and female-led start-up enterprises on an annual basis over the 2014 to 2016 period, in tabular form. [5197/17]

Freagraí scríofa

Minister of State at the Department of the Taoiseach

The latest breakdown of the number of enterprise births available from the Central Statistics Office is for the year 2014. Data for 2015 is not yet available as it is dependent on the receipt of administrative data which are filed in 2016 but are not fully available to the CSO until March 2017. Enterprise ownership information by gender is not available. The figures, which are published in Table 4 of the CSO’s Business Demography release 2014, show the number of enterprise births in the private business economy, i.e. in private sector businesses in the Industry, Construction, and Services sectors (NACE Rev 2 codes B to N, excluding code 64.20 “Activities of Holding Companies”) as classified by the CSO. A table contains the enterprise birth figures by sector for the years 2013 and 2014 respectively.

Table 1 - Number of Enterprise Births in the Private Business Economy 2013 - 2014

-	2013	2014
Mining and quarrying (B)	26	18
Manufacturing (C)	841	997
Electricity, gas, steam and air conditioning supply (D)	..	31
Water supply, sewerage, waste management and remediation activities (E)	..	64
Construction (F)	2,473	3,526
Wholesale and retail trade, repair of motor vehicles and motorcycles (G)	2,304	2,468
Transportation and storage (H)	805	1,026
Accommodation and food service activities (I)	1,142	1,251
Information and communication (J)	1,249	1,333
Financial and insurance activities excluding activities of holding companies (K-642)	639	418
Real estate activities (L)	862	1,171
Professional, scientific and technical activities (M)	2,431	2,800
Administrative and support service activities (N)	952	1,153
Business economy excluding activities of holding companies (B to N,-642)	13,825	16,256

.. Indicates that the data has been suppressed to protect the confidentiality of individual enterprises.

Questions Nos. 96 and 97 answered with Question No. 90.

Ministerial Allowances

Ceisteanna (98)

Noel Rock

Ceist:

98. Deputy Noel Rock asked the Taoiseach the expenses and entitlements of each former Taoiseach since the initiative was introduced in 2001 per annum, in tabular form; the computer and mobile telephone equipment made available to same; and if he will make a statement on the matter. [5955/17]

Freagraí scríofa

The Taoiseach

Since March 2012, no administrative support has been made available by my Department to former Taoisigh.

Under the terms of an initiative introduced by the Department of Finance in August 2001, my Department paid the salary of secretarial assistants employed by former Taoisigh, up to the maximum of the Higher Executive Officer (standard) scale. The initiative provided that a former Taoiseach may employ two secretarial assistants for a period not exceeding five years from the date when he was last Taoiseach. After the five year period had elapsed only one secretarial assistant could be employed. The initiative also included provision for purchase of computer equipment necessary for this type of service.

While there are no guidelines in relation to the type of work for which secretarial assistants were employed by former Taoisigh, I understand that they carried out a normal range of secretarial duties to support the former Taoisigh in carrying out those aspects of work associated with their former roles which remain after their period in office has ceased. However, under the initiative the secretarial assistant could not engage in constituency or active party political work.

A table provides details of the costs incurred in providing secretarial assistants to former Taoisigh who had availed of the scheme prior to its abolition.

Former Taoiseach	Cost of Scheme by Year
Mr. Charles J Haughey	2001 €7,806 2002 €32,475 2003 €32,475 2004 €35,538 2005 €36,984 2006 €54,609
Dr. Garret FitzGerald	2001 €2,602 2002 €32,475 2003 €32,475 2004 €35,538 2005 €36,984 2006 €38,514 2007 €41,857 2008 €44,965 2009 €38,055 2010 Nil 2011 €30,091
Mr. Albert Reynolds	2001 €6,824 2002 €21,737 2003 €35,034 2004 €42,275 2005 €52,051 2006 €14,794 2007 €19,145 2008 €49,575 2009 €44,890 2010 €45,656 2011€24,731 2012 €12,569
Mr. John Bruton	2001 €26,020 2002 €32,475 2003 €18,943 2004 €35,538 2005 €36,984 2006 €38,514 2007 €40,635 2008 €11,103 2009 €0 2010 €13,310 2011 €15,896 2012 €6,182
Mr. Bertie Ahern	2008 €74,983 2009 €114,369 2010 €106,838 2011 €70,994 2012 €41,540
Mr. Brian Cowen	2011 €32,279 2012 €22,720

My Department also provided Dr. Garrett FitzGerald with the use of computer equipment to the value of €1,913 during this period and the cost of providing computer equipment to Mr. Brian Cowen was €1,440.

The details in relation to mobile phone expenses paid for by this Department from 2005 to 2011 are set out in the table below:

Mobile Phone Expenses incurred by former Taoisigh
Annual amount paid in respect of mobile phones provided to former Taoisigh 2005 - 2011
Year	Charles J. Haughey €	Albert Reynolds €	Garret FitzGerald €	John Bruton €	Bertie Ahern €	Brian Cowen €
2005	916.73	1,164.74	997.83	1,567.33	n/a	n/a
2006	1,209.23	1,277.34	1,603.83	1,618.58	n/a	n/a
2007	136.19	1,546.36	1,202.83	1,216.03	n/a	n/a
2008	n/a	1,757.35	727.17	1,938.94	2,511.65	n/a
2009	n/a	700.97	616.15	901.11	3,544.54	n/a
2010	n/a	525.76	659.90	1,444.68	2,401.61	n/a
2011	n/a	233.71	195.10	1,560.60	3,201.51	517.01

For 2003 and 2004, only the total annual cost of payments in respect of all former Taoisigh is available. Total costs in 2003 and 2004 were €2,567.70 and €9,507.29 respectively. No data is available prior to 2003 and no mobile phone expenses were paid to former Taoisigh in 2012.

Brexit Issues

Ceisteanna (99, 132)

John Lahart

Ceist:

99. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality if British Border Force officers being stationed at ports and airports here has been discussed; and her views on whether this is acceptable to Ireland. [5337/17]

Thomas P. Broughan

Ceist:

132. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the negotiations or discussions that are taking place regarding Border control from within Ireland for the UK once Brexit has been completed; and if she will make a statement on the matter. [5867/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 99 and 132 together.

There are no UK Border Force Officers based at Irish airports or ports and there are no discussions taking place in this regard.

It has always been the case that Ireland and the United Kingdom cooperate closely on jointly securing the external border of the Common Travel Area (CTA) and we will continue to cooperate, and to strengthen that cooperation, in the future. In that regard a central feature of the operation of the CTA has been that each State enforces the other's conditions of landing for non-EEA nationals, thus protecting each other's borders. In addition, cooperation extends across a number of other areas including the sharing of information and at an operational level on enforcement. For example, on the information front, last year new Regulations to allow for Advanced Passenger Information to be made available from Irish carriers in order to further enhance the integrity of the Common Travel Area were introduced. The development of the British-Irish Visa System was facilitated by this arrangement and indeed could not have happened without the electronic sharing of information such as biometrics.

I should point out that in the context of 'Brexit' while it is not possible at this juncture to say what arrangements will apply between the UK and the EU, particularly in respect of the movement of EU citizens (as this will ultimately be a matter that will feature within the negotiation process that will take place following the UK's formal notification to the European Council that it intends to leave), what I can make clear is that, while we will continue to maintain and enhance cooperation with the UK in relation to general immigration and border enforcement, Ireland of course remains a committed member of the European Union and will continue to uphold the right of free movement for all EU citizens after the UK leaves the Union.

Refugee Resettlement Programme

Ceisteanna (100)

Eamon Ryan

Ceist:

100. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality if she is still planning to reach the target of 4,000 refugees taken under the Irish refugee protection programme by September 2017. [5490/17]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

As the Deputy will be aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State, 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, 1,040 (519 by the end of 2016 and the remainder in 2017) under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon and the balance through a variety of mechanisms. Some elements of this intake, such as the relocation strand, come with a time limit of two years and other elements are not time limited.

In a further gesture of humanitarian assistance towards the most vulnerable caught up in the migration crisis and following a debate in the Dáil, the Government also committed to taking up to 200 unaccompanied minors from France who were previously resident in the migrant camp at Calais. These initiatives therefore leave just a small residual balance to be allocated from the Government decision to take 4,000 persons.

Resettlement strand of the programme

Taking account of the situation in the Middle East, and the plight of the refugees, the Tánaiste announced that Ireland would accept 520 persons for resettlement over an 18-month period to the end of 2017. This was almost double the figure proposed for Ireland by the European Commission and was delivered a year ahead of the Commission deadline.

In addition, the Government recently announced that it is extending the resettlement programme to take in a further 520 refugees from Lebanon in 2017, most of whom are of Syrian origin. 260 refugees have already been selected during a selection mission to Lebanon in October 2016 and are expected to arrive in Spring 2017. Most of these refugees are also Syrian. A further selection mission to Lebanon will be arranged in the coming months to select the remaining refugees due to come to Ireland in 2017 under the resettlement programme.

Relocation strand of the programme

Ireland has to-date taken in 241 people from Greece. In November, IRPP officials travelled to Athens and interviewed a group of 84 people who once cleared for travel, are expected to arrive in February. An IRPP mission to interview 80 people took place in Athens from 12 – 16 December. A further mission has already taken place in January which interviewed 61 people. An IRPP team are currently on the ground in Athens interviewing another group of over 90 asylum seekers. The intention thereafter is to sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its commitments to Greece within the time frame envisaged by the Programme.

The Deputy should note that the group interviewed in November are scheduled to arrive into Ireland over the next two weeks.

Table of Total Numbers under Government Decision to Accept 4,000

Relocation Strand	Numbers
Council Decision 2015/1523	600
Council Decision 2015/1601	2,022
Total Relocation	2,622
Resettlement Strand
Government Decision 09/06/15	520
Government Decision 06/07/16	260
Government Decision 29/11/16	260
Total Resettlement	1,040
Total Unaccompanied Minors Calais	200 (up to)
Mechanism as yet undecided	138
Grand Total	4000

The Deputy may wish to note that under the relevant EU Council decisions the relocation strand of the IRPP is composed of three elements:

- an intake from Greece of 1,089 asylum seekers

- an intake from Italy of 623 asylum seekers and

- an allocation of 910 asylum seekers which has not yet been assigned to either Italy or Greece.

Ireland will meet in full its commitment to Greece. However, as explained in responses to previous Parliamentary Questions tabled by colleagues, Italy has not allowed Ireland to undertake security assessments on its territory of the asylum seeker cohort eligible for relocation to Ireland. Accordingly, it has not been possible for Ireland to take asylum seekers from Italy. Numerous efforts have been made to resolve this situation and efforts at diplomatic and Ministerial level continue. A solution may yet emerge from the most recent contacts. In terms of the unallocated portion contained in the two EU Council decisions Ireland cannot access this component until a decision is taken at EU level.

What can be unambiguously said is that, should it be the case that despite all Ireland's efforts, the relocation mechanism does not permit Ireland to take in sufficient numbers of asylum seekers under relocation the Government commitment to take in 4,000 people remains and Ireland will take in these numbers through other mechanisms should this prove necessary.

Refugee Resettlement Programme

Ceisteanna (101)

Eamon Ryan

Ceist:

101. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality if adequate temporary accommodation has been sourced to facilitate the remainder of the 4,000 refugee target before September 2017. [5491/17]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

As the Deputy will be aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State, 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and 1,040 (519 by the end of 2016 and the remainder in 2017) under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon. Some elements of this intake, such as the relocation strand, come with a time limit of two years and other elements are not time limited.

Those destined for the new Emergency Reception and Orientation Centre (EROC) in Ballaghaderreen, Co. Roscommon for example will be asylum seekers coming via the Greece/Italy route. As this cohort are expected to receive a grant of international protection within a period of 8-12 weeks, their stay in EROCs is intended to be short-term after which they will be housed elsewhere in Ireland.

EROCs

As the name suggests, an EROC is largely about reception and orientation for those who are to be subsequently resettled. The overwhelming majority of persons being relocated to Ireland are fleeing the war in Syria. The services being provided will include education, English language training for adults, the services of a General Practitioner, HSE medical screening, and access to the services of the Department of Social Protection. A core part of the job of the IRPP is coordination and ensuring appropriate service delivery. Staff of the IRPP hold weekly clinics in the EROC with clients and any service level issues become immediately apparent.

Relocation Strand

Ireland has to-date taken in 241 people from Greece. In November, IRPP officials travelled to Athens and interviewed a group of 84 people who once cleared for travel, are expected to arrive in February. An IRPP mission to interview 80 people took place in Athens from 12 – 16 December. A further mission has already taken place in January which interviewed 61 people. An IRPP team are currently on the ground in Athens interviewing another group of over 90 asylum seekers. The intention thereafter is to sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its commitments to Greece within the time frame envisaged by the Programme.

The selection process for EROCs

In recognition that the vulnerable migrants arriving under the IRPP would need some form of emergency accommodation and service provision, an expression of interest process was launched in October 2015 to identify potential properties capable of meeting that requirement. In assessing the suitability of potential EROCs, consideration is given to a number of factors including:

- the accommodation capacity of the EROC

- its potential for on-site services

- the potential availability of school placements for children of a school going age in the general area

- the potential availability of primary care and hospitals within reasonable travelling distance

- the experience of the location in having asylum seekers previously

- availability of other local services including public transport and shopping

- potential for the centre managers to provide additional services to both residents and local population

- potential benefits to local commerce

Approximately 90 properties were offered in response to the call for expressions of interest. After a short-listing exercise based on suitability and state of repair, 14 properties emerged as having potential. The selection process was suspended in early 2016 because the numbers arriving under the EU relocation programme were lower than anticipated due to operational problems in Greece and Italy. When the numbers arriving increased in late 2016, the short list was re-examined.

The Deputy should note that the property in Ballaghaderreen was identified on the short list to be made operational as a suitable EROC within a time frame that would meet demand in early 2017. As there will be a need for further EROCs to receive further persons arriving under the Programme over the coming months, a new expression of interest exercise will commence in the coming weeks. It is envisaged that adequate temporary accommodation will be sourced to temporarily accommodate the numbers of asylum seekers and refugees likely to arrive in 2017 and indeed 2018.

Ground Rents Abolition

Ceisteanna (102, 105)

Niamh Smyth

Ceist:

102. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if she will propose a constitutional amendment to resolve the historical injustices whereby ground rents or other rent collecting mechanisms are enforced on tenants arising from antiquated systems associated with the obscure ownership structures related to buildings, such as those affected in Carrickmacross, County Monaghan (details supplied). [5503/17]

Niamh Smyth

Ceist:

105. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if she will enact legislation to remove ground rents being forced on businesses by absentee estate landlords that made ownership claims at the foundation of the State; and if she will make a statement on the matter. [5597/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 102 and 105 together.

As regards the abolition of ground rents, the position is that this matter was examined in great detail by the All-Party Oireachtas Committee on the Constitution in their 2004 Report on 'Private Property'. The Committee took the view that a ground landlord's ground rent is a form of property right which is constitutionally protected and that abolition of such rents would be unconstitutional in the absence of adequate monetary compensation. The Committee also noted that where leases were approaching expiry, any legislation providing for the abolition of ground rents would have to provide for the payment of enhanced compensation by the ground rent tenant.

In light of the foregoing, I have no immediate plans to implement further measures in this area but operation of the existing statutory framework is, however, kept under review by my Department. As the Deputy will appreciate, it would not be appropriate for me to comment on any individual case or location.

Refugee Resettlement Programme

Ceisteanna (103)

Eamon Ryan

Ceist:

103. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality when and the way in which post-September 2017 targets will be set at an Irish level and at the European level with regard to the refugee protection programme. [5527/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The two Council Decisions on Relocation which were adopted in September 2015, and which Ireland voluntarily opted-into, provide for the relocation from Italy and Greece of a total of 160,000 persons in need of international protection over a 2 year period. The Council Conclusions on Resettlement agreed in July 2015 provide for the resettlement of 20,000 persons also over a two year period. To date, the European Commission, which has the right of initiative, has not issued a proposal to amend the time frames as set out in the Relocation Decisions and have not brought forward any further emergency proposals.

The Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State, 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, 1,040 (519 by the end of 2016 and the remainder in 2017) under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon, and the balance through a variety of mechanisms. Some elements of this intake, such as the relocation strand, come with a time limit of two years and other elements are not time limited.

In a further gesture of humanitarian assistance towards some of the most vulnerable children caught up in the migration crisis and following the passing of an All-Party Motion in the Dáil, the Government has committed to taking up to 200 unaccompanied minors from France who were previously resident in the migrant camp at Calais. These initiatives therefore leave just a small residual balance to be allocated from the Government decision to take up to 4,000 persons.

The Deputy may wish to note that under the relevant EU Council Decisions the relocation strand of the IRPP is composed of three elements:

- an intake from Greece of 1,089 asylum seekers

- an intake from Italy of 623 asylum seekers and

- an allocation of 910 asylum seekers which has not yet been assigned to either Italy or Greece.

In terms of the unallocated portion contained in the second Council Decision (2015/1601) Ireland cannot access this component until a further Decision is taken at EU level.

The Deputy may be aware that the European Commission has brought forward a series of proposals aimed at reforming the Common European Asylum System (CEAS), including a solidarity measure for the benefit of front-line Member States. These proposals are at an early stage in the negotiation process by Member States and are similarly under discussion by the European Parliament.

Garda Misconduct Allegations

Ceisteanna (104, 119)

Micheál Martin

Ceist:

104. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the actions she and her Department have taken since she met persons (details supplied); and if there has been discussions or meetings with the Taoiseach and his Department. [5536/17]

Micheál Martin

Ceist:

119. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the actions being taken on the death of a person (details supplied) following her most recent meeting with the person's family; and if she will make a statement on the matter. [5537/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 104 and 119 together.

The tragic case to which the Deputy refers was considered under the Independent Review Mechanism - IRM - established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach. The recommendation made by the IRM in this particular case was that I should take no further action.

Certain matters arising from the tragic death in this case were already being investigated by Garda Síochána Ombudsman Commission (GSOC). This arises in part from the fact that my predecessor had referred aspects of this particular case to GSOC. I understand that that investigation has not concluded. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint.

When the Taoiseach and I recently met with the family, the Taoiseach assured them that when the GSOC investigation is completed the question of whether, and if so, what further action can be taken, will be considered. That remains the position.

Question No. 105 answered with Question No. 102.

Immigration Data

Ceisteanna (106, 111, 138)

Tony McLoughlin

Ceist:

106. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the procedure to aid persons barred from entering the United States of America at United States preclearance in Irish international airports following President Trump’s executive order banning nationals of seven countries from entering the United States for a period of 90 days; under the acknowledgment that, under the Aviation (Preclearance) Act 2009, all of those persons turned away are to be treated in accordance with the Immigration Act 2004; and if she will make a statement on the matter. [5682/17]

Jonathan O'Brien

Ceist:

111. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has spoken with the Minister for Transport, Tourism and Sport on the US ##Administration’s new Muslim ban executive order; the impact this will have on persons travelling to the US via Ireland; and if she will make a statement on the matter. [5413/17]

Thomas P. Broughan

Ceist:

138. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number and nationalities of persons that have been refused entry to the US from preclearance facilities in airports on Irish soil since the signing of President Trump's executive order, indicating the number per nationality per day; and if she will make a statement on the matter. [5954/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 106, 111 and 138 together.

Persons who avail of the US preclearance facilities in the State do so voluntarily as provided for in the Aviation (Preclearance) Act 2009 and decisions taken by the US authorities at US preclearance facilities in the State on clearance to board US bound aircraft are taken solely by the US authorities. The matter has been discussed at Cabinet and the Taoiseach has requested a review of preclearance be carried out. This is currently underway involving officials from the relevant Departments.

The role of Garda immigration officers is set out in the Act. Specifically, Section 12 of the Act provides that a person who is refused preclearance to travel onwards to the United States, shall be deemed for the purpose of the Aliens Act 1935 and the Immigration Act 2004, to have arrived at the frontier of the State. In many cases, the persons are Irish citizens or EU nationals subject to Free Movement and once this is established they are not subject to any further immigration requirements. In circumstances where a person is refused leave to board a US bound flight, he or she is brought to the Garda immigration authorities and the case is considered by Garda immigration officers in the same manner as if they had presented at the frontier of the State seeking permission to enter the State. For those subject to immigration controls under the Immigration Act 2004, as is normal in these cases, each case is examined on its individual merits to determine if the person is to be given permission to enter the State. Specific details on numbers refused by the US immigration authorities are not available, and from an Irish immigration perspective are dealt with as part of the overall immigration process at the relevant airports.

These decisions are taken in accordance with Irish law and take fully into account our international obligations. For example, should a person claim international protection, their case will be fully considered under the International Protection Act 2015. US officials have no role in the matter. An Garda Síochána is also responsible for providing policing and maintaining law and order in preclearance areas, again in accordance with the provisions of the Act of 2009.

Refugee Resettlement Programme

Ceisteanna (107, 108)

Clare Daly

Ceist:

107. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the average length of time spent in direct provision centres by refugees relocated from Greece as part of the refugee relocation programme since that programme was launched in September 2015. [5971/17]

Clare Daly

Ceist:

108. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if any refugee arriving here as part of the refugee resettlement programme is accommodated in emergency reception and orientation centres other than the ones in Monasterevin and Clonea Strand; and if any refugee that has arrived here as part of this programme is currently being accommodated in Mosney. [5972/17]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

I propose to take Questions Nos. 107 and 108 together.

As the Deputy is aware, the Irish Refugee Protection Programme (IRPP) was approved by Government Decision on 10 September 2015 in response to the migration crisis which has developed in Southern Europe, and as an act of solidarity with other Member States.

Among the measures agreed under the Programme was the establishment of a Network of Emergency Reception and Orientation Centres (EROCs) which would be used to provide initial accommodation in order to meet the needs of asylum seekers relocated from Greece and Italy and Syrian programme refugees from Lebanon. As the name suggests, an EROC is largely about reception and orientation for those who are to be subsequently resettled. The accommodation of persons in EROCs for a period of time is considered to be good practice as it allows for a period of acclimatisation, de-stressing and on-site processing. It is also a process that is supported by the UNHCR as best practice.

Under the provisions of the EU relocation programme for asylum seekers, persons considered for relocation must be from countries with a EU-wide recognition rate for international protection of at least 75%. Accordingly, given their country of origin the expectation is that a large proportion of relocated persons will qualify for status within a very short time. The International Protection Office generally provide a decision on status within an 8-12 week time frame for this cohort. Programme refugees from Lebanon already have refugee status upon their arrival in Ireland. Typically the length of stay in an EROC is only as long as is necessary to provide for reception and orientation needs prior to resettlement elsewhere in Ireland and this period is anywhere from four to six months.

Programme refugees are accommodated in two EROCs located in Clonea Strand, Co Waterford, and Monasterevin, Co. Kildare. Persons who arrived from Greece in 2016 under the relocation strand of the IRPP are being temporarily accommodated in Mosney Accommodation Centre, a portion of which has been temporarily designated as an EROC as it provides self-contained accommodation for the incoming cohort. There are currently 228 persons residing in Mosney, 131 of whom only arrived in Ireland in mid-December 2016. The overwhelming majority are Syrian. The average length of time spent in EROCs to-date is therefore quite short. The resettlement of the relocation cohort in Mosney will commence over the coming weeks. A further EROC for relocation asylum seekers will open in Ballaghaderreen, Co. Roscommon within a number of weeks and more EROCs will be needed in the coming months to cater for the expected increase in the numbers of relocated asylum seekers arriving in Ireland under the IRPP.

UN Convention on the Rights of Persons with Disabilities

Ceisteanna (109)

Brendan Griffin

Ceist:

109. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied); and if she will make a statement on the matter. [6013/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

Having regard to the rules of the House in relation to Questions asked on a details supplied basis, my Department made contact with the Deputy and I understand that I have his agreement to disclose the subject matter in my reply to the extent necessary to ensure that my answer is useful and informative. The details supplied relate to ratification of the UN Convention on the Rights of Persons with Disabilities.

Ireland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.

It is essential that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.

Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 completed Committee Stage in the Dáil in December 2016 and is currently at Report Stage. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.

The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and commenced Second Stage on 31 January 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.

The precise timing of ratification now depends on how long it takes for the Bill to progress through the enactment process and on issues in relation to commencement of the Deprivation of Liberty provisions, which will be included in the Committee Stage amendments, and of the the Assisted Decision Making (Capacity) Act 2015.

Courts Staff

Ceisteanna (110)

Mattie McGrath

Ceist:

110. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will address the urgent need to introduce stricter regulations regarding associated State offices, such as county registrars and sheriffs; and if she will make a statement on the matter. [5652/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

County Registrars are officers of the court and are independent in the exercise of their functions and duties under statute and rules of court. County Registrars and Sheriffs are appointed by Government.

The County Registrar is a Statutory Officer of the Circuit Court, the higher of the two courts of local and limited jurisdiction within the courts system, which exercises first instance jurisdiction in civil proceedings and criminal proceedings on indictment, as well as an appellate jurisdiction in civil and criminal proceedings from the District Court.

The Sheriff (or County Registrar acting as Sheriff) is responsible to the Court for the Enforcement of the Court Orders and the law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder, and I wish to inform the Deputy that I have no operational function in this matter.

Question No. 111 answered with Question No. 106.

Residency Permits

Ceisteanna (112)

Jonathan O'Brien

Ceist:

112. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will investigate a case in which there has been an inordinate delay by the Irish Naturalisation and Immigration Service in issuing a resident card, which has caused severe disruption to the life and livelihood of a person (details supplied). [5422/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter recently issued to the person concerned in relation to the granting of the person's permission to remain in the state for a period of five years, expiring on 1 February 2022, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015. While the letter sets out clearly the person's entitlement to enter employment and engage in business during that period, I understand that INIS has also advised the person concerned that a provisional appointment to register the permission has been made on 9 February 2017 at the Burgh Quay registration office.

Insofar as the issue raised by the Deputy concerning waiting times is concerned, the appointment booking system for the Burgh Quay registration office was introduced last September. Since its launch almost 40,000 bookings have been made for dates as far out as March 2017. Appointments are released Monday – Friday at 10am for dates 9 weeks in the future. A small number of near-term appointments are released every afternoon at 2:30pm. Applicants who need an appointment within the next 2-3 weeks are advised to check the website at 2:30pm daily. The Department recognises that emergency situations can arise. Where such emergency situations arise they are dealt with on a case by case basis and enquiries should be forwarded to [e-mail]. Since September 2016, the Burgh Quay registration office has facilitated in the region of 700 emergency appointments.

Approximately 5,500 appointments were made available through the appointment booking system for January 2017. This is over 2,000 more appointments than the number of applicants registered in either January 2016 or January 2015. In total over 3,200 additional appointments have been made available from January 2017 to end of March 2017 than the number of applicants who registered in this period in either 2015 or 2016. This figure will rise in the coming weeks as additional near-term appointments for February and March are released.

The Burgh Quay registration office are currently advising applicants to book an appointment up to ten weeks before their permission expires. We would advise applicants who have not managed to secure an appointment before the expiry of their permission to check the website daily at 2:30pm to try and get an earlier appointment.

Queries in relation to the status of individual immigration cases may be made directly to the 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.

Legislative Measures

Ceisteanna (113)

Clare Daly

Ceist:

113. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality when the public awareness work regarding the Assisted Decision-Making (Capacity) Act 2015 will begin; and if she will make a statement on the matter. [5433/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

Section 95 of the Assisted Decision-Making (Capacity) Act 2015 provides for the functions of the Director of the Decision Support Service (DSS).

Many of the functions specified in section 95(1) relate to the very important role that the Director will have in raising public awareness and providing information to the public. These functions include promoting public awareness of the Act, promoting public confidence in the process of dealing with matters affecting persons with capacity difficulties, providing information on the various decision-making support options available under the Act, providing guidance and information to persons with capacity difficulties, to persons who have been appointed to assist in decision-making, and to bodies and organisations, and the establishment of a website.

These public awareness and information functions complement the other principal functions of the Director, which include identifying and making recommendations for change of practices in organisations in relation to persons with decision-making capacity difficulties, and supervising and handling complaints against those who are appointed to assist in making decisions.

It is expected that the Director will begin to carry out the public awareness and information functions under the Act following his or her appointment. The recruitment and appointment of the Director of the DSS, and the appointment of DSS staff, is a matter for the Mental Health Commission (a body under the Department of Health) with the approval of the Minister for Health. This is provided for in section 94(2)(a), section 97(2) and section 98(4) of the Assisted Decision Making (Capacity) Act 2015. These provisions of the 2015 Act were commenced on 17 October 2016 by the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016). My Department does not have any statutory function in relation to the recruitment and appointment of the Director.

Garda Misconduct Allegations

Ceisteanna (114)

Clare Daly

Ceist:

114. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality when the outcome of the GSOC inquiry will be signed off and responded to by the Garda Commissioner with regard to a case that was before the independent review mechanism (details supplied). [5438/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The tragic case to which the Deputy refers was considered under the Independent Review Mechanism. The role of the Review Mechanism was to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach.

The recommendation made in this particular case was that I should refer the case to the Garda Síochána Ombudsman Commission (GSOC) under the provisions of Section 102(5) of the Garda Síochána Act 2005, as amended. Section 102(5) of this Act provides that I as Minister may, if I consider it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter that gives rise to a concern that a member of the Garda Síochána may have committed an offence, or behaved in a manner that would justify disciplinary procedures.

I have not yet been informed of the outcome of the GSOC investigation into this matter. As the Deputy will be aware, the Ombudsman Commission is independent in the exercise of its functions and so it would not be appropriate for me to interfere in that process.

Garda Deployment

Ceisteanna (115)

Jackie Cahill

Ceist:

115. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality the number of gardaí employed at both management and staff levels at the National Vetting Bureau offices at Thurles, Waterford, Tipperary town, Ennis and Enniscorthy individually for 2014, 2015 and 2016 and to date in 2017, in tabular form; the highest number and lowest number during each of the years; and if she will make a statement on the matter. [5459/17]

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 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 have requested the information sought by the Deputy from the Commissioner and I will write to the Deputy on receipt of same.

The following deferred reply was received under Standing Order 42A

At the time I responded that I would request the information from the Garda Commissioner on the specific query raised by the Deputy and that I would write to you on receipt of same.

As previously advised the Garda Commissioner is responsible for the distribution of resources including personnel. I have been advised by the Garda Commissioner that the number of personnel assigned to the National Vetting Bureau offices in each of the years 2014, 2015, 2016 and up to 16 March 2017, the latest date for which figures are currently available, is as set out in the following tables.

National Vetting Bureau Personnel 2017

NVB Location	Garda	Civilian	Total
Thurles	4	74	78
Ennis		30	30
Tipperary		24	24
Waterford		16	16
Enniscorthy	1	25	26
Total	5	169	174

*up to 16 March 2017

National Vetting Bureau Personnel 2016

NVB Location	Garda	Civilian	Total
Thurles	4	71	75
Ennis		30	30
Tipperary		25	25
Waterford		17	17
Enniscorthy	1	24	25
Total	5	167	172

National Vetting Bureau Personnel 2015

NVB Location	Garda	Civilian	Total
Thurles	4	72	76
Ennis		31	31
Tipperary		26	26
Waterford		18	18
Enniscorthy		22	22
Total	4	169	173

National Vetting Bureau Personnel 2014

NVB Location	Garda	Civilian	Total
Thurles	4	72	76
Ennis		33	33
Tipperary		27	27
Garda College		6	6
Waterford		19	19
Enniscorthy		22	22
Total	4	179	183

Garda Civilian Staff Duties

Ceisteanna (116)

Jackie Cahill

Ceist:

116. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality her Department's policy in regard to gardaí carrying out administrative duties as opposed to using other civil servants to perform these duties in order that as many gardaí as possible are doing the job they have been trained for; the instructions she has given Garda management to ensure that Government policy in this regard is actioned; and if she will make a statement on the matter. [5460/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I was pleased to announce on Budget day that the Government has approved my proposal that by 2021 the overall Garda workforce should comprise a total of 21,000 personnel; to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians.

I am informed by the Garda Commissioner that there are currently in the region of 2,000 civilians undertaking administrative and technical duties within An Garda Síochána. 4,000 civilians will effectively double this figure and represents a medium term target of 20% civilians by 2021. This will bring An Garda Síochána, currently with 14% civilians, more into line with international norms and ensure that trained Gardaí are not engaging in administrative and technical duties which could be done by suitably qualified civilian staff. I have requested the Garda Commissioner, in conjunction with the Policing Authority, to prepare a 5 year plan to achieve this 20% target by way of a twin-track approach (i) a civilian by default policy and (ii) the redeployment of Gardaí to operational policing posts and backfilling by suitably qualified civilians where necessary.

The "civilian by default" policy refers to a policy where all new posts, other than operational policing posts, and non-operational policing posts that become vacant, are to be filled by suitably qualified civilian staff. In relation to the redeployment policy, I have requested the Commissioner, in conjunction with the Authority to identify posts suitable for redeployment having regard to the indicative figure of 1,500 posts identified by the Garda Inspectorate in its report "Changing Policing in Ireland". These policies are designed to ensure that members of An Garda Síochána, trained police men and women, are available for and utilised in operational areas. The Authority, in view of its statutory functions in relation to approving the number of civilian staff in An Garda Síochána and appointing or approving the appointment of such staff has an important role to play in this regard.

The recruitment and appointment of up to 500 civilians provided for in this year's budget will facilitate the Commissioner in addressing capacity and critical skills gaps across the organisation including in corporate supports, change management, human resources and financial management at the national, regional and Divisional level and also to begin the phased redeployment of Gardaí to front-line policing roles. These additional resources will make an important contribution to the delivery of the ambitious reform agenda set out in the Commissioner's Modernisation and Renewal Programme 2016-2021 and will facilitate deeper civilianisation in the coming years.

In addition, and again having regard to Garda Inspectorate report I have already mentioned, the Commissioner has commenced the roll-out on a pilot basis of a Divisional model of policing to replace the current District model. The benefit of the Divisional model is that responsibilities will be allocated on a functional rather than geographical basis which will facilitate greater flexibility in the deployment of resources in response to policing needs. It also will have the benefit of reducing duplicate administrative tasks currently done at both the District and Divisional level. In this regard, the Commissioner has estimated that 10 Gardaí will be freed up for front-line duties in each Division once the model is fully rolled out. The roll-out will be done on a phased basis and in such a manner as to ensure that the close relationship between Gardaí and local communities is maintained.

Garda Data

Ceisteanna (117)

John Curran

Ceist:

117. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the number of gardaí that retired from An Garda Síochána for each of the years 2011 to 2015; the number of Garda recruits attested as members of An Garda Síochána in 2016; and if she will make a statement on the matter. [5480/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

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.

I am informed by the Garda Commissioner that since the reopening of the Garda College in September 2014, 838 recruits have attested as members of An Garda Síochána of whom 393 attested in 2016. I am informed by the Commissioner that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increasing 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 Síochána. 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, in the coming years.

I can assure the Deputy that projected departures from An Garda Síochána are kept under continuing review and the level of recruitment adjusted as necessary in order to achieve the desired strength of An Garda Síochána.

For the Deputy's information I have set out in tabular form the number of departures from An Garda Síochána in the years 2011 to 2015. These departures include those who have departed owing to voluntary retirement, compulsory retirement, cost neutral early retirement, medical discharge, resignation, or dismissal.

AN GARDA SÍOCHÁNA DEPARTURES 2011-2015
2011	480
2012	462
2013	335
2014	291
2015	282
2016	263

Garda Misconduct Allegations

Ceisteanna (118)

John McGuinness

Ceist:

118. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the progress being made in establishing a statutory inquiry relative to complaints made by a person (details supplied); the timeline for the inquiry; and if she will make a statement on the matter. [5505/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Inquiry to which the Deputy refers is to be established following my acceptance of a recommendation by the panel of the Independent Review Mechanism. The role of the Independent Review Mechanism was to review complaints of Garda misconduct.

Officials in my Department have consulted with the Office of the Attorney General with regard to matters concerning the establishment of this inquiry, its terms of reference and who will be appointed to conduct it. At this stage, draft terms of reference have been prepared. In accordance with section 42 (3A) of the Garda Síochána Act 2005, as amended, there is a requirement to consult with the Policing Authority with regard to the draft terms of reference. The consultation with the Policing Authority is now complete. I hope to be in a position to proceed to the establishment of the inquiry shortly.

Question No. 119 answered with Question No. 104.