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Wednesday, 8 Feb 2017

Written Answers Nos. 85 - 94

Commissions of Investigation

Ceisteanna (85, 86)

Brendan Howlin

Ceist:

85. Deputy Brendan Howlin asked the Taoiseach the status of the commission of investigation into IBRC. [6040/17]

Amharc ar fhreagra

Seán Fleming

Ceist:

86. Deputy Sean Fleming asked the Taoiseach the number of commissions of inquiry or other formal investigations or inquiries being conducted in his Department; the name of these; the date they were established; the expected date the work is intended to be completed; the cost incurred to date; and the estimated final cost. [6365/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 85 and 86 together.

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

Name of Commission of Investigation

Date Established

Completion Date

Costs Incurred by Department of the Taoiseach to end December 2016*

Estimated Final Cost

Fennelly Commission

30 April 2014

Final Report is due by the end of March 2017.

€3.03 million

Expected to be in the region of €3.5 million.

IBRC Commission

16 June 2015

Final report on the first module of the Commission's work, in relation to the Siteserv transaction, is due by the end of December 2017.

€1.52 million

The IBRC Commission indicated in its Interim Report that significant third party costs have been incurred which are likely to arise for payment in due course. It is estimated that the approximate final cost will be in excess of €10 million.

Moriarty Tribunal

1997

Final report was published in March 2011

€54.742 million

It will not be possible to ascertain the final cost of the Tribunal until all third-party costs have been settled.

* It should be noted that figures provided for 2016 are provisional and may be subject to end of year revisions, as part of the preparation of my Department's 2016 Appropriation Account.

The Fennelly and IBRC Commissions are currently conducting their inquiries. They are statutory bodies established under the Commissions of Investigation Act 2004 and are independent in the conduct of their investigations. As specified Minister in relation to the Commissions, I am responsible for overseeing administrative matters relating to their establishment, for receiving their reports and for performing any other functions given to me under the Act.

The Moriarty Tribunal completed its enquiries and published its final in March 2011. A small legal and administrative staff remains in place to deal with applications for third-party costs and with the ongoing business of wind-down. The Tribunal is also subject to a number of legal proceedings for which it uses its own legal resources as much as possible.

EU Meetings

Ceisteanna (87)

Micheál Martin

Ceist:

87. Deputy Micheál Martin asked the Taoiseach if he will report on the meeting held in Malta on 3 February 2017; and if immigration to the EU was discussed. [6367/17]

Amharc ar fhreagra

Freagraí scríofa

The Summit in Malta on 3 February included two sessions. In the morning, there was an informal meeting of the European Council, where we discussed the external aspects of migration, particularly the central Mediterranean route, and agreed a formal declaration. In the afternoon, there was a meeting of the 27 EU Heads of State and Government - i.e. without the UK, where we considered the renewal and future direction of the EU.

I participated fully in both meetings, noting that the migration crisis remains one of the great humanitarian challenges facing our continent. The discussions on the future direction of the EU, which were wide ranging, were based on the Declaration and Roadmap agreed at the Bratislava Informal Summit last September: the items included commitment to the EU as the best guarantee of peace and democracy; the need for concrete initiatives on migration; internal and external security and defence; and economic and social development, including youth. I said that we need to demonstrate unity and resolve, and make it clear that the Union, with its core values, is an indispensable source of stability in this turbulent world. We need a balanced response to the many challenges we face, with a focus on delivering our priorities, particularly those in relation to jobs, growth, investment and trade, which will bring concrete improvements to the lives of our citizens.

The exchanges at Valletta will now feed into preparations for a Summit in Rome on 24 and 25 March, to mark the 60th anniversary of the Treaty of Rome. The intention is to agree a declaration after that meeting which will provide further guidance for us in the period ahead.

Refugee Data

Ceisteanna (88)

Micheál Martin

Ceist:

88. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if the number of immigrants Ireland had accommodated since 2015 was outlined at the Malta meeting on 3 February 2017 and plans for more in 2017 and the details of same. [6368/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that the Deputy is referring to the intake of persons under the Irish Refugee Protection Programme (IRPP). The 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 focused 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 bound.

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.

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.

In relation to the EU Relocation 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 over the next two weeks. 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.

Ireland will meet in full its commitment to Greece. However, as explained in responses to previous Parliamentary Questions, matters relating to security assessments of the asylum seeker cohort eligible for relocation from Italy to Ireland remain to be resolved. Accordingly, it has not been possible as yet for Ireland to take asylum seekers from Italy. Numerous efforts have been made and continue to be made to resolve this situation.

The topic of 'Migration', in the context of the ongoing crisis, remains a standing agenda item for all meetings of the Justice and Home Affairs Council and of the European Council and I expect that this will continue for the foreseeable future.

Garda Civilian Staff Data

Ceisteanna (89)

Jim O'Callaghan

Ceist:

89. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the total number of civilian staff employed in An Garda Síochána at the end of each of the years from 2010 to 2016, in tabular form; and the proportion of total personnel numbers in An Garda Síochána that this represented on each date. [6129/17]

Amharc ar fhreagra

Freagraí scríofa

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 were 1,998 civilians undertaking administrative and technical duties within An Garda Síochána as of 31 December 2016. 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 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.

For the Deputy's information I have set out in the table the number of civilian staff for each of the years from December 2010 to 31 December 2016, the latest date for which figures are readily available from the Garda Commissioner.

I have requested the information sought by the Deputy from the Commissioner regarding the civilian strength in the years 2010 and 2011 and I will write to the Deputy on receipt of same.

YEAR END

CIVILIAN STRENGTH

GARDA STRENGTH

TOTAL STRENGTH

PERCENTAGE CIVILIAN

2012

2028

13,424

15,452

13%

2013

2071

13,093

15,164

14%

2014

2054

12,799

14,853

14%

2015

2006

12,816

14,822

14%

2016

1998

12,943

14,941

13%

The following deferred reply was received under Standing Order 42A:

I refer to Parliamentary Question No. 89 for answer on Wednesday, 8 February, in which the Deputy requested:

“To ask the Tánaiste and Minister for Justice and Equality the total number of civilian staff employed in An Garda Síochána at the end of each of the years from 2010 to 2016; in tabular form and the proportion of total personnel numbers in An Garda Síochána that this represented on each date.”

As she will recall, the information you requested regarding the civilian strength in the years 2010 and 2011 could not be obtained in the time available, and I undertook to contact her again.

I have set out in the following table the number of civilian staff for each of the years from December 2010 to December 2011:

Year end

Civilian strength

Garda strength

Total strength

Percentage Civilian

2010

2099

14,377

16,475

13%

2011

2012

13,894

15,905

13%

I trust that this clarifies the position for you.

Refugee Data

Ceisteanna (90)

Catherine Murphy

Ceist:

90. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of Syrian refugees the State has accepted in 2015, 2016 and to date 2017; and if she will make a statement on the matter. [6132/17]

Amharc ar fhreagra

Freagraí scríofa

Ireland is one of 27 States that participate in a refugee resettlement programme led by the United Nations High Commissioner for Refugees (UNHCR). The focus of the Irish resettlement programme in recent years has been on the resettlement of refugees displaced by the Syrian conflict who are living in one of the hosting countries in the region, for example those living in Lebanon. UNHCR at a local level identify the most vulnerable persons for resettlement, regardless of their race, religion, nationality or ethnicity.

Under the resettlement strand of the Irish Refugee Protection Programme (IRPP), 176 programme refugees arrived in this State in 2015, of which 149 were Syrian refugees. In 2016, 356 programme refugees arrived in this State, of which 335 were Syrian refugees. There have been no arrivals in 2017 to date.

In addition to those people brought to Ireland under the resettlement strand, 70 Syrian nationals brought to Ireland under the relocation strand of the IRPP have also now been granted refugee status, all in 2016. There were also 19 Syrian nationals granted refugee status (and a further three Syrian nationals granted subsidiary protection status) in 2015, and 82 Syrian nationals granted refugee status in 2016, having arrived in Ireland and applied for international protection.

International Time Zones

Ceisteanna (91)

Mattie McGrath

Ceist:

91. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will consider ending the daylight savings and biannual changing of the clock; and if she will make a statement on the matter. [6133/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, Winter time begins at 1:00 a.m. Greenwich Mean Time (GMT) on the last Sunday in October every year when clocks are put back by one hour. Winter time ends at 1:00 a.m. GMT on the last Sunday in March of the following year when clocks are put forward one hour, signalling the start of summer time.

These arrangements are set out in the Winter Time Order 2001 which gives effect to European Union Directive 2000/84/EC and means that all EU member states start summer time simultaneously.

As the Deputy may be aware, the Joint Committee on Justice, Defence and Equality considered this in the context of the Brighter Evenings Bill and submitted a report to me in December 2014. The Committee recommended that this matter should be kept under review and that consideration of any trial be coordinated as a joint venture with the United Kingdom, in the event that the UK would consider a similar trial. The Committee was impressed by the benefits of introducing summer time for a longer portion of the year and recommended this position be put forward in any future review of European legislation.

Having considered the report and noted the recommendations made, my Department continues to keep the matter under review, including the question of a joint trial with the United Kingdom. However, particularly in light of the current context arising from the UK's decision to exit the European Union, I have no immediate plans to pursue this at the present time.

Human Rights

Ceisteanna (92)

Ruth Coppinger

Ceist:

92. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the number of persons who have been denied preclearance to the United States in Dublin and Shannon Airports on grounds of their nationality since the President of the United States issued an executive order restricting travel of nationals of a number of Middle Eastern and African states. [6238/17]

Amharc ar fhreagra

Freagraí scríofa

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 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.

Residency Permits

Ceisteanna (93)

Catherine Murphy

Ceist:

93. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of stamp 4 permits issued in the past five years, in tabular form; and if she will make a statement on the matter. [6243/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a ‘Stamp 4’ permission to stay in Ireland, for a specified period, may be granted, subject to conditions which include the following:

- Join an Irish spouse/civil partner;

- Join a minor child, who is an Irish citizen;

- Join an EU/EEA or Swiss family member using their EU Treaty Rights;

- Join a family member who is a recognised refugee or has been granted subsidiary protection;

- Parent of an Irish Born Child (pre-2005);

- Parent of an Irish Born Child where one parent is an Irish national (Zambrano conditions apply);

- Have completed 2 years registration on a Critical Skills Work Permit;

- Have been granted humanitarian/exceptional leave to remain;

- Recognised convention or programme refugee or have been granted subsidiary protection.

The table shows the number of permissions pursuant to Stamp 4 granted each year since 2012, broken down between renewals and new registrations.

Year

Renewals

New Registrations

2016

54,303

9,239

2015

39,798

7,787

2014

38,262

5,636

2013

36,612

4,390

2012

34,513

3,724

Garda Vetting

Ceisteanna (94)

Eamon Ryan

Ceist:

94. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality her plans to streamline Garda vetting procedures and to allow for simplified procedures for persons transferring between different types of work that require Garda vetting yet do not allow for their Garda vetting approval to transfer between different jobs or responsibilities; the number of Gardaí and public servants involved in Garda vetting; and the amount spent on vetting in the past year for which figures are available. [6251/17]

Amharc ar fhreagra

Freagraí scríofa

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 that Deputy that at present, 80% of overall vetting applications are being processed by the National Vetting Bureau in five working days. This efficiency 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.

I have requested the detailed information on personnel and expenditure from the Garda Authorities and I will communicate it to the Deputy when the information is to hand.

The following deferred reply was received under Standing Order 42A:

I refer further to Parliamentary Question No. 94 of 8 February 2017 in relation to my plans to streamline Garda vetting procedures and to allow for simplified procedures for persons transferring between different types of work that require Garda vetting yet do not allow for their Garda vetting approval to transfer between different jobs or responsibilities; the number of Gardaí and public servants involved in Garda vetting; and the amount spent on vetting in the past year for which figures are available.

As you will recall in my reply to you, I stated that I had sought further information as regards the National Vetting Bureau's staffing levels and expenditure.

I am informed by the Garda authorities that the annual cost of running the Vetting Unit is €6.6m which includes all salary costs. It should be noted, however, that the above figure does not include items of expenditure that are paid centrally by the Garda organisation and which are not reapportioned against an individual Garda District, for example software licences, computer equipment maintenance contracts and so on.

With regards to the number of Gardaí and public servants involved in vetting, as of 31 December 2016, the latest date for which figures are readily available, the National Vetting Bureau had a staffing complement of 159, comprising of 154 civilian staff, 4 Garda Sergeants and a Superintendent.

I trust that this has clarified matters for you.

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