Written Answers Nos. 96 - 117
96. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she or her Department has requested a report from the An Garda Síochána on allegations of rape, sexual and physical assault made by a person (details supplied); and if she will make a statement on the matter. [6775/17]
Amharc ar fhreagraI can assure the Deputy that I am very conscious of the seriousness of the matters raised in this case and I am mindful of the considerable distress experienced by the person in question over an extended period.
I understand that the complaints related firstly to an assault which occurred in 2006, and for which a person was charged and convicted. Very serious complaints relating to the assault incident in 2006 were brought to my attention late in 2014. An Garda Síochána has since conducted a detailed investigation of the matters raised. Following the submission of an investigation file to the Director of Public Prosecutions, (DPP) in 2016 a decision was taken not to initiate a further prosecution in this matter.
I am further advised that additional complaints made by the same person were referred by the Garda Commissioner to the Garda Síochána Ombudsman Commission (GSOC). GSOC subsequently submitted a file to the DPP who directed that there be no prosecution in relation to these additional complaints. However, I understand that the consideration by GSOC of some aspects of the case is ongoing.
As the Deputy will appreciate, GSOC is the independent body charged with the investigation of complaints against members of An Garda Síochána, and it would not therefore be appropriate for me to make any further comment on these matters at this time.
97. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reason the decision was taken to index link periodic payments in catastrophic injury cases to the consumer price index, CPI, in the Civil Liability (Amendment) Bill 2017, in view of the fact that the report of the working group on medical negligence in 2010 recommended the use of a specialised index, linked to care costs, which are inadequately captured by the CPI; and if she will make a statement on the matter. [6842/17]
Amharc ar fhreagraAs the Deputy is aware, the Working Group on Medical Negligence and Periodic Payments recommended the introduction of a dedicated index to apply to periodic payments orders (PPOs) which would allow periodic payments to be index-linked to the levels of earnings of treatment and care personnel and to changes in costs of medical and assistive aids and appliances.
However, an actuarial study of PPOs commissioned by the State Claims Agency concluded that, in respect of indexation of PPOs, an index in the form suggested by the Working Group on Medical Negligence and Periodic Payments could prove to be volatile given the small sample size available in Ireland. The study suggested that, instead, a broader based index should be used to reduce volatility and provide certainty with regard to payments under a PPO to catastrophically injured persons.
The issue of indexation of PPOs was considered in detail by an Inter-Departmental Working Group on Legislation on Periodic Payments Orders, which was established to examine the technical aspects of introducing PPOs. The Working Group was of the view that the index specified in the legislation should provide as much certainty as possible for defendants in terms of projected increases in their financial liabilities, should not lead to an unacceptable degree of statistical fluctuation, should not be unduly volatile and should take account of the type of costs incurred by claimants and the changes to those costs over time. A number of different options were considered by the Working Group which concluded that, to meet the criteria set out above, an index based on the Irish Harmonised Index of Consumer Prices (HICP), and not the Consumer Price Index, as suggested by the Deputy, should be the initial index specified in the Bill.
Section 2 of the Civil Liability (Amendment) Bill 2017 provides for the insertion of a new Part IVB (sections 51H to 51O) into the Civil Liability Act 1962 to give the courts power to award damages by way of periodic payments orders in catastrophic personal injury cases. The new section 51L deals with the issue of indexation of periodic payments. The section provides for the annual adjustment of a payment under a PPO in line with the prevailing rate under the Harmonised Index of Consumer Prices.
However, the Deputy may wish to note that section 51L will also require the Minister for Justice and Equality, not less than 5 years after the commencement of the new Part IVB, to carry out an initial review of the application of the HICP to determine its suitability for the purposes of the annual adjustment of the amount of payments provided for under PPOs. If, following the review, an alternative index is considered to be more suitable for the purposes of PPOs, the Minister for Justice and Equality may, with the consent of the Minister for Finance, make regulations specifying an alternative index to be used in adjusting payments under PPOs. Section 51L also provides for further reviews of the suitability of the index at 5-yearly intervals.
98. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if the third level graduate scheme has been extended to 24 months as stated on the Education Ireland website; if so, the date that this will come into effect; if it applies to persons currently or previously granted 12 months permission under the scheme; and when the details of the scheme will be made available on the INIS website. [6845/17]
Amharc ar fhreagraThe 2016 to 2020 International Education Strategy - Irish Educated Globally Connected - launched by my colleague the Minister for Education and Skills in October 2016 includes a recommendation that “The current 12 months stay back permission for international students will be amended to further incentivise high performing students to come to Ireland and remain on after their studies, to meet the present skills and language needs identified by business”.
Both my Department and the Department of Education and Skills are at an advanced stage of discussing the modalities of the 'stay back permission' which is more properly referred to as the Third Level Graduate Scheme. While both Departments are agreed that the Scheme should be extended to twenty four months for graduates at level 9 and above of the National Framework of Qualifications, the finer details of the Scheme are being finalised, to ensure clarity to those who will seek admission to it. I expect that a joint statement setting out the parameters of the new scheme will be issued by both Departments at the conclusion of these discussions and it is anticipated that all the necessary arrangements will be in place for the graduating classes of 2017, who will be the first beneficiaries.
99. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate extra time to allow persons (details supplied) to apply for leave to remain; the correct procedure to be followed when making such an application in this instance; and if she will make a statement on the matter. [6846/17]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is asserted that this person and their spouse arrived in the State in 2005 and 2006 respectively. They registered as students in the State for the first time in 2011 and 2007 respectively and their last permission expired in 2014 and 2013 respectively.
This couple made an application for a Change of Status on 11 February 2015 and this application was refused on 18 April 2016. Further requests were received from their legal representative in June 2016 and this request will be dealt with in due course.
In addition, I understand that INIS is examining the implications of the recent judgment in Luximon case. In the event that any additional information or clarification is required from the persons concerned then INIS will write to them to advise them as to what other information may be required. However, in the meantime, it can be taken that the persons' application will not be determined in accordance with the procedures which applied heretofore.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
100. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality the audit undertaken to assess the skill or educational levels obtained by asylum seekers and refugees in their home country prior to registering for asylum and residency status; if she will provide such skills data if available; and if she will make a statement on the matter. [6869/17]
Amharc ar fhreagraI understand that the Deputy is enquiring as to whether a skills audit is carried out in respect of those protection applicants in the direct provision system at the time when they apply for protection in the State.
The procedure involved when a protection application is set down in national legislation in accordance with best international standards and is aimed at establishing whether an applicant is entitled to international protection or not. Accordingly, the type of audit referred to by the Deputy does not form part of the procedure. The Deputy should be aware however, that international protection applicants who, following the application process, are granted refugee status, are supported in various ways by my Department, and other Departments and State Agencies, in terms of integrating into the community. In this regard those who are granted refugee or subsidiary protection status or permission to remain in Ireland are provided with a comprehensive guide to living independently and can avail of information sessions organised in direct provision centres with the support of the Citizens Information Service.
Notwithstanding the above, the Deputy will be aware that the provision of education services is not a function of my Department.
101. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the reason for the delay in publishing the Gambling Control Bill; when it will be published; the anticipated date it will be signed into law; and if she will make a statement on the matter. [6871/17]
Amharc ar fhreagraThe General Scheme of the Gambling Control Bill was published in July 2013 following approval by the Government and is currently in drafting by the Office of the Parliamentary Counsel. The Bill, as proposed, will update all existing laws on the regulation of gambling, including betting and gaming but excluding the National Lottery. It will provide for the licensing of all forms of on-line gambling.
It is the intention to proceed with this legislation at the earliest opportunity. In support of these efforts the Government has delegated powers of the Minister for Justice and Equality under the gaming and lotteries legislation to me as Minister of State.
As the Deputy will recall, the General Scheme was referred to what was at the time the Oireachtas Joint Committee on Justice, Defence and Equality for consideration and observations. The Joint Committee received 29 submissions and held public hearings following which it issued a report on 6 November 2013 which contained 8 conclusions and was laid before the Houses.
The 2013 General Scheme provides for the conferring of responsibility for all regulatory matters in this area on the Minister for Justice and Equality, including licensing, inspections and prosecutions, and it envisages that these functions would be carried out by a body located within the Department of Justice and Equality. The General Scheme also provides for a dedicated inspectorate to ensure compliance by licence holders with the terms of their licences and with the new legislation generally.
The Gambling Control Bill will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling. The 2013 Scheme includes measures that will require licence holders to act in a socially responsible way. These measures include controls on advertising, promotions and sponsorship.
Pending the bringing forward of the main Bill, which is a major undertaking, I have also asked my Department to examine whether there are any individual pressing areas of concern, intended to be dealt with in the Bill, which could be dealt with early this year by separate legislative measures. A number of such measures are, therefore, under active consideration and will be included in the Scheme of the forthcoming Courts and Civil Law Miscellaneous Provisions Bill which is, under the Government Legislation Programme, to be submitted for legislative scrutiny early this year. This initial approach will, as I have indicated, be augmented by the completion of the more complex work on the main Bill for Government approval and publication in due course.
I and officials of my Department are continuing to consult with relevant stake-holders, including those with experience in dealing with persons for whom gambling has become a problem and, as I have outlined, I intend to move forward as quickly as possible with the appropriate legislation.
102. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality the actions her Department is taking to strengthen against cyber attacks after the NTMA website was temporarily down for several hours after a suspected hacking attack; and if she will make a statement on the matter. [6885/17]
Amharc ar fhreagraMy Department's ICT Division is working on an ongoing basis to ensure that the Department has multiple layers of state of the art technologies protecting its data and infrastructure and ensuring their integrity, confidentiality and availability. This approach, which has been validated by leading independent ICT security experts, involves regular liaison with the National Cyber Security Centre and its incident response team (the CSIRT-IE) to identify any potential weaknesses and take appropriate mitigating actions as and when required.
103. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality the status of the EU ESTA proposal; if she has discussed it with her UK counterpart; and if she will make a statement on the matter. [6917/17]
Amharc ar fhreagraA proposal to establish a European Travel Information and Authorisation System (ETIAS) and amend several impacted EU Regulations was put forward by the European Commission on 16 November 2016. The proposal is under examination in the relevant EU working party.
An exchange of views on this proposal has taken place among Ministers of the EU member States at JHA Council level. However, it should be noted that the proposal builds upon the measures in the Schengen acquis that concern the crossing of borders and in which Ireland (and the UK) do not participate. Therefore, Ireland (along with the UK) are not taking part in the adoption of this Regulation and are not bound by it or subject to its application.
104. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if she will provide an update on the mutual recognition of penalty points between the State and Northern Ireland; the procedures she has in place to deal with road traffic offences committed here by drivers from Northern Ireland in view of Article 50 being triggered to enable a Brexit to occur; and if she will make a statement on the matter. [6942/17]
Amharc ar fhreagra107. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the date on which there will be an establishment of mutual recognition of penalty points between the Republic of Ireland and Northern Ireland; and if she will make a statement on the matter. [7083/17]
Amharc ar fhreagraI propose to take Questions Nos. 104 and 107 together.
I am informed that discussions commenced in 2012 between officials North and South regarding the possible establishment of a Mutual Recognition of Penalty Points Agreement between the two jurisdictions. I understand that there is currently no agreed international or multilateral framework for such mutual recognition and no successful known precedent in place elsewhere between two or more jurisdictions.
Since late 2013, the main identified obstacle to the project is the service of summonses on individuals residing in Northern Ireland in relation to road traffic offences which occurred in this jurisdiction. Ensuring a summons can be served in another jurisdiction and accepted as properly effected when the case arrives at a court hearing is central to the success of the project.
The process for issuing summonses relating to unpaid Fixed Charge Notices (FCNs) for road traffic offences in this jurisdiction involves the Garda Síochána’s Fixed Charge Processing Office forwarding an electronic file of unpaid FCNs to the Courts Service in order that the Courts Service can generate these summonses. As such, summonses relating to road traffic offences in this jurisdiction are not issued judicially but rather are generated by the Courts Service on an administrative basis in keeping with automated nature of the Fixed Charge Processing System (FCPS).
A number of challenges have been identified, insofar as summons service for individuals residing outside this jurisdiction is concerned, with the result that such summons service is currently incompatible with the FCPS and its administrative relationship with the Courts Service. As such, An Garda Síochána is unable to serve summonses on individuals residing in Northern Ireland in relation to road traffic offences which occurred in this jurisdiction for the purpose of securing the attendance of defendants residing in Northern Ireland at court proceedings in this jurisdiction.
Officials from my Department and An Garda Síochána have met with the Office of the Attorney General on a number of occasions over the past year to discuss the difficulties encountered by the Garda Síochána concerning the service of summonses on individuals residing in Northern Ireland in relation to road traffic offences which occurred in Ireland and in relation to securing the attendance of defendants residing in Northern Ireland at court proceedings in Ireland. My Department has formally requested the Office of the Attorney General to consider the issue and challenges in question and to revert with legal advice. My officials will work closely with that Office to progress a legal solution to this important road traffic enforcement matter as quickly as possible.
It will be necessary to successfully resolve the considerable challenges in relation to summons service before other legislative changes to enable mutual recognition of penalty points can be considered further. The issue of co-operation with the UK on a range of criminal justice measures is under active consideration in my Department as part of the preparations for Brexit and this issue is one which will fall to be considered as part of that process.
105. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if the rules of the start-up entrepreneur programme run by the Irish Naturalisation and Immigration Service will be changed to allow funding into high technology start-up schemes; and if she will make a statement on the matter. [6964/17]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the purpose of the Start Up Entrepreneur Programme (STEP), introduced in 2012, is to enable non-EEA Nationals and their families who commit to a high potential start up business (HPSU) in Ireland.
All applicants to the STEP programme must secure funding of at least €50,000 in order to meet the criteria. This funding can be from their own resources, a business loan, Business Angel/Venture Capital funding or a Grant from an Irish State Agency. Consequently the programme already provides for investment into high tech start up schemes. Each application is considered by the Expert Independent Evaluation Committee who review and evaluate all applications under the various strands of the investor programme. There is no question of a person who contributes to the funding of €50,000 under the STEP, other than the entrepreneur herself/himself, receiving a residency permission under this programme.
However, as the Deputy may be aware, it is open to non-EEA investors who themselves wish to obtain a residency permission, to consider the Immigrant Investor Programme (IIP), which allows investors to acquire a residence permission, on investment of €1 million into an approved project.
106. Deputy Billy Kelleher asked the Tánaiste and Minister for Justice and Equality the heads of the general scheme of the Bail Bill published in July 2015 that have not been incorporated in the Bail (Amendment) Bill 2016, in tabular form; and the reason for their exclusion. [7076/17]
Amharc ar fhreagraA comprehensive Bill to consolidate the law on bail has been under preparation for some time, with the General Scheme approved by the then Government in 2015. It became clear, however, that it would require considerable time for drafting of the Bill to be completed. The Bail (Amendment) Bill 2016 extracts those sections from the General Scheme which relate to the commitments in the Programme for Government aimed at strengthening our bail system and making the law as effective as possible in protecting the public against crimes committed by persons on bail. The larger consolidation Bill can be returned to when other priorities permit.
The following table sets out the Heads of the General Scheme not included in the Bail (Amendment) Bill 2016.
|
Head |
Reason not included |
|
Head 3 |
No regulations are necessary in respect of the provisions included in the Bill. |
|
Head 4 |
No repeals required in respect of the provisions included in the Bill. |
|
Heads 5-10, 12, 15, 17, 19-23, 25, 29, 31 and 38-41 |
Restate and update existing law, more appropriate to a consolidation Bill. |
|
Heads 13 and 14 |
Restate and update existing law in line with recent court judgments, more appropriate to a consolidation Bill. |
|
Head 24 |
Restates existing law in respect of the release on bail by members of an Garda Síochána and provides for the attachment of conditions to such bail. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
|
Head 26 |
Places existing law, as specified by the court in the O'Callaghan judgment, on a statutory footing. More appropriate to a consolidation Bill. |
|
Head 30 |
Provides for proof of foreign convictions in bail proceedings. Ireland exchanges information on convictions with other countries based on the EU ECRIS Framework Decision and common law. A new EU ECRIS Directive is under negotiation and it is advisable to await agreement on this Directive before proceeding with the Head. |
|
Head 32 |
Definitions not necessary in respect of the provisions included in the Bill. |
|
Heads 33 and 34 |
Provide statutory guidance to courts in the exercise of existing powers relating to the granting of post conviction bail. The Heads do not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
|
Head 36 |
Provides a District Court with the power to grant or refuse bail where a sentence of imprisonment imposed by that court is being appealed to the Circuit Court. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
|
Head 37 |
Clarifies existing law, as set out by the courts, on the circumstances in which the Court of Appeal may grant bail. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
|
Head 42 |
Extends existing jurisdiction of the Special Criminal Court to grant bail post-conviction. The Head does not relate to commitments in the Programme for Government but may be considered again in a consolidation Bill. |
|
Head 43 |
Only required to ensure consistency with Head 24 which has not been included in the Bill. |
108. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of gardaí who have been trained to drug test suspected drivers who are impaired by narcotics and-or prescribed medicines; and if she will make a statement on the matter. [7085/17]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter.
As the Deputy will be aware the Road Traffic Act 2016, enacted on 28 December last, provides for the introduction of roadside testing for drugs. My colleague, the Minister for Transport, Tourism and Sport has responsibility for this legislation and I am advised that his Department is working with key stakeholders, including An Garda Síochána, to introduce the new roadside tests for drugs. It is intended that the provisions of the 2016 Act will be commenced at the Easter Bank Holiday weekend. This will allow time for all stakeholders to prepare for the introduction of the tests, and will provide a valuable opportunity to highlight the dangers of drug driving over the Bank Holiday weekend.
109. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the final costs to the Exchequer of each commission of investigation that has been completed to date in her Department, in addition to the estimated costs to date of ongoing commissions of investigations. [7145/17]
Amharc ar fhreagraThe information requested by the Deputy is provided in the following table.
|
Name of Commission |
Costs |
Note on Costs |
|
Commission of Investigation into the Fatal Shooting by An Garda Síochána of Ronan MacLochlainn |
€1.153m |
On 16 May 2016 one person who is identified in the Commission's final report brought an application to the High Court seeking a direction pursuant to Section 35(1)(b) of the Commissions of Investigation Act 2004 that the report be amended before it is submitted to the Minister. Final costs of this Commission must await the decision on the application which is before the High Court. |
|
Commission of Investigation into Certain Matters relative to the Cavan/Monaghan Division of the Garda Síochána |
€1.784m |
Judicial Review proceedings have been taken concerning the rates for third party legal costs for witnesses which were agreed for the Commission in accordance with Section 23 of the Commission of Investigation Act 2004. If this challenge is successful, it will involve revisiting the third party costs which was paid to the witnesses who appeared before this Commission. (If these proceedings succeed, the third party rates for the Commission of Investigation into the Fatal Shooting by An Garda Síochána of Ronan MacLochlainn may also have to be revisited.) |
|
Commission of Investigation into the Dean Lyons Case |
€1m |
Final Costs |
|
Commission of Investigation into the Catholic Archdiocese of Dublin |
€8.789m |
Final Costs |
|
Commission of Investigation into the Death of Mr. Gary Douche in Mountjoy Prison |
€ 2.3m |
Final Costs |
110. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 107 and 108 of 7 February 2017, if the refugees currently in Mosney as part of the relocation strand of the IRPP have been informed that they will be moving to Ballaghaderreen within the coming weeks. [7178/17]
Amharc ar fhreagraAs the Deputy is aware, a number of persons are to be temporarily accommodated in the Emergency Reception and Orientation Centre (EROC) to be located in Ballaghaderreen, County Roscommon, under the relocation strand of the Irish Refugee Protection Programme (IRPP), in early March.
It is not intended to move relocated asylum seekers from their EROC accommodation at Mosney to the EROC in Ballaghadereen. Those destined for the new Emergency Reception and Orientation Centre (EROC) in Ballaghaderreen, Co. Roscommon will be relocated asylum seekers from Greece arriving from this month onwards. Emergency accommodation is intended to provide relocated asylum seekers with the opportunity to rest, recuperate and slowly adjust to life in Ireland while their claim for international protection is processed and housing in the community is sourced. Throughout their stay in the centre their immediate needs will be met through mainstream service provision, including healthcare, schooling for children, language training and social welfare supports. During this period officials from my Department will also liaise with the Department of Housing, Planning, Community and Local Government and local authorities nationwide to identify appropriate long-term housing within the community. Persons within this group are expected to receive a grant of international protection under the new International Protection Act within a period of 8-12 weeks.
There are currently 39 relocated asylum seekers who arrived into Ireland this week and these families are currently residing in Balseskin Reception Centre while they undergo initial referrals for asylum applications, social protection and medical assessments before being moved to their designated Emergency Reception and Orientation Centre in Ballaghaderreen in early March. These families will be joined today by another group of 40 persons who will also be initially accommodated in Balseskin Accommodation Centre before they transfer to their EROC in Country Roscommon.
Persons who arrived from Greece in 2016 under the relocation strand of the IRPP and who are being temporarily accommodated in Mosney Accommodation Centre will remain there while their claim for international protection is processed, or for those already with status, while long-term housing in the community is sourced. While in Mosney, they will receive the same services available to residents in all other Emergency Reception and Orientation Centres.
111. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 107 and 108 of 7 February 2017, her views on the fact that some relocated refugees in Mosney have been there since June 2016, which is a long time to acclimatise in view of the fact that these refugees are not provided with the 20 hours a week of English lessons or the orientation training available to resettled refugees in Monasterevin and Clonea Strand; and if she will make a statement on the matter. [7179/17]
Amharc ar fhreagraI thank the Deputy for raising this important issue. As the Deputy knows, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the migration crisis that had developed on the southern shores of the European Union. Under this decision a programme office was established in my Department to oversee the operational aspects of the programme, which aims to bring in 4,000 vulnerable migrants to Ireland under two different mechanisms, refugee resettlement - operated by the Office for Promotion of Migrant Integration (OPMI) - and asylum seeker relocation.
The IRPP deals with all aspects of a migrant's life from the moment they are selected for relocation or resettlement to their transportation to Ireland and eventual settlement in the communities around the state. As the Deputy is aware, a number of persons are being accommodated in the Emergency Reception and Orientation Centre (EROC) located in Mosney Accommodation Centre under the relocation strand of the Irish Refugee Protection Programme (IRPP).
The services being provided to families include education, 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.
The relevant services are provided locally or in some cases are provided at the centre. The mode of service provision is determined on a case by case basis depending on the local situation and the individual circumstances of the asylum seekers.
Every effort is made to mainstream services with local populations while not impacting on the delivery of local services. Thus children in Mosney attend local schools and adults are provided with English language classes by the local ETB.
The provision of English language supports comes under the remit of the Louth Meath Education and Training Board (LMETB). It is important to note that when engaging with persons seeking English language supports, that in the first instance, all applicants once facilitated in the application process by trained front line LMETB staff, are then individually assessed, so as to identify the nature/extent, if any of their current language levels in English. This would encompass both written and spoken English. Once levels have been established, a review is conducted to establish the cultural/ethnic backgrounds from which applicants are coming.
This information, alongside the established levels, enables the LMETB to place applicants in small but reasonably cohesive groups of similar level. The Deputy may be aware and it is important to note that, alongside presenting with little or no English language proficiency, significant numbers of learners in this category also present with no/little literacy capability in their mother tongue, thus the level of difficulty in tutoring is somewhat compounded by lack of awareness of basic alphabet in either mother tongue or English language.
Based upon many years of experience working with this client group, LMETB management have established through analysis of data that the intensive English classes being provided are not on their own enough to build proficiency levels with any type of speed. To address this, LMETB introduced a pilot scheme two years ago requiring all adults attending English language classes to also attend parallel conversational classes, and this has significantly improved the language ability of adults attending ESOL programmes in centres.
It should be noted that the provision of English language classes in the Mosney centre is conducted in partnership with the management authorities of the centre and with whom LMETB meet regularly to plan for and discuss the nature and type of provision /facilities to be provided on site in the Mosney centre.
The timing of the arrivals played a huge part in the planning and delivery. The first three groups were assessed and placed in classes within a week. The classes were assigned two three hour sessions per week. However, a group who arrived in to Mosney in November which translated into two class groups were assessed on 28 November. It was agreed that they would do conversational English with the Mosney Support team up to Christmas and then commence their classes in January due to the fact that the term had only two weeks left before Christmas.
A further group of 131 people (which translated into 8 class groups) arrived into Ireland on 16 December and were assessed by LMETB on 9 January. Due to the large volume of learners and the timing (Christmas/New Year period) it was not possible for the LMETB to recruit new tutors at such short notice. Officials of the IRPP discussed this with the LMETB and it was agreed that in order to ensure that everyone got some level of English tuition, the classes would be offered three hours per week temporarily until new tutors were put in place.
A group who arrived into Mosney in November, which was due to begin classes in January did not attend at all, despite a tutor being available to teach them.
The LMETB offered to change the timetable to facilitate anyone who could not attend during the daytime. One of the classes for the most recently arrived group is currently running on Wednesday evening. LMETBs on-site coordinator of services has sent out written reminders, has contacted Mosney staff to assist and has now arranged with IRPP officials to have an interpreter to help facilitate a meeting with those who have not attended to ascertain why they have not attended.
My officials have informed me that the LMETB is currently recruiting ESOL tutors both within and outside of the organisation to address the needs of both the Refugee and Asylum Seeker population within Mosney. As well as providing similar supports to those within the community, the LMETB Adult Literacy Service (ALS) runs adult learning classes for both asylum seekers and refugees in the Education Centre in the Mosney Reception Centre. The Adult Literacy Service liaises through the Mosney Inter-agency Committee with a number of agencies who support the residents of Mosney.
In relation to the Refugee Resettlement Programme, ALS provides English language training and orientation training for incoming refugees while resident in Mosney. LMETB ALS liaises specifically with the Irish Refugee Protection Programme and other local agencies to ensure that the transition process for those people who have fled war torn countries is managed smoothly and humanely.
All of the learners are assessed and their levels are mapped to the QQI levels and the Common European Framework of Reference (CEFR) for Languages. CEFR is a guideline used to describe achievements of learners of foreign languages across Europe. Courses are offered at beginner A0 level to A2 QQI L3.
An orientation programme is being run to accompany the language training programme and it covers a range of areas including essential Information that groups of families would need, Geography, Childcare and Safety, Children’s Safety, Road Safety, Common Sign in Ireland, The Law in Ireland, Appropriate Dress, Food and Hygiene, Money Management and Services, Accommodation and Transport, Education and a module on moving towards independence.
The Deputy may also wish to note that the persons who are accommodated in the EROCs in both Monasterevin and Clonea Strand are programme refugees who arrive in Ireland with refugee status. By contrast, the persons accommodated in the EROC located in Mosney (and Ballaghaderreen in the near future) are asylum seekers who are relocated from Greece under the two EU Council decisions dealing with relocation. They therefore do not arrive in Ireland with refugee status but as asylum seekers whose claim for asylum has yet to be determined. There are therefore some differences in the processes that must be gone through in relation to these two groups. However, it is my view and that of the officials within the IRPP that there should be a broadly identical approach taken to language provision as between the two different groups and that is something we will be working towards, in conjunction with the relevant ETBs, over the coming weeks.
Finally, I wish to inform the Deputy that it is intended to start settling the earliest cohort of relocated persons currently in Mosney, a small number of whom arrived in Ireland in June, in the community in the coming weeks.
112. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality her views on members of An Garda Síochána passing information held on Garda databases to private investigator companies; the procedures and guidelines in place to deal with the issuing of licences to operate as a private investigator here; and if she will make a statement on the matter. [7187/17]
Amharc ar fhreagraAs the Deputy is aware, the management of information held by An Garda Síochána, including that held on its databases, is an operational matter for the Garda Síochána. Any unauthorised disclosure of information can seriously impede the investigation of an offence and the apprehension or prosecution of suspected offenders and can seriously undermine public confidence in the ability of the Garda Síochána to carry out its functions. As an organisation, the Garda Síochána takes its responsibility for the control of the information it possesses very seriously.
I would mention that it is an offence under the Official Secrets Act 1963 for a member of the Garda Síochána, as for any public official, to disclose official information without lawful authority. It is also, quite separately, a distinct offence under section 62 of the Garda Síochána Act 2005 for a member of the Garda Síochána to make an unauthorised disclosure of information obtained in the course of duty if the member knows that such disclosure is likely to have a harmful effect. The section sets out a list of instances of harmful effect covered by this offence, which includes for example disclosures which result in the publication of personal information constituting an unwarranted and serious infringement of a person's right to privacy. The penalty for such an offence, upon conviction on indictment, is a term of imprisonment for up to 5 years and/or a maximum fine of €50,000.
In addition, the Garda Síochána (Discipline) Regulations provide that an unauthorised communication in relation to any information which comes to a member of the Garda Síochána's knowledge in the course of his or her duties constitutes a breach of discipline. An “unauthorised communication” means any communication other that a communication made in the execution of his or her duties or authorised by the Commissioner.
It does not matter whether an unauthorised disclosure to a private investigator or anyone else, the provisions above will still apply.
Any member of the public who believes that he or she has been the subject of unauthorised disclosure of information by a member of the Garda Síochána may make a complaint to the independent Garda Síochána Ombudsman Commission, which has extensive powers of investigation.
The Private Security Authority, established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of private investigators in the State. I am informed by the Authority that private investigators applying for a licence are required to provide the following standard documentation in support of their application:
- Completed Application Form
- Valid Tax Clearance Certificate
- Completed Garda Vetting Form
- Evidence of attainment of the required Private Security Authority standard which for Private Investigators is PSA 42:2015.
There are currently 129 private investigators licensed by the Authority.
113. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if data protection breaches by a private investigations company (details supplied) were reported to her in 2014; her views on the fact that this company continued to operate as a private investigator firm, in view of the fact that it was convicted of breaching the Data Protection Acts; and if she will make a statement on the matter. [7188/17]
Amharc ar fhreagraI wish to advise the Deputy that the Office of the Data Protection Commissioner was established under Section 9 of the Data Protection Act 1988. Its statutory functions include the monitoring of implementation of data protection law, the investigation of complaints and, where appropriate, the taking of legal proceedings in the event of breaches of data protection rules. The Office is statutorily independent in the discharge of its functions and I have no role in relation to the processing of complaints.
The Private Security Authority (PSA), established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of the private security industry in the State. The criteria for the grant, refusal and suspension of licenses by the Authority are set out in Part 3 of the Act and the provisions for appeal of the Authority's decisions are set out in Part 5 of the Act. The Deputy may wish to note that the Authority has published its criteria for assessing convictions on its website, www.psa.gov.ie. The Authority is also statutorily independent in the discharge of its functions and I have no involvement in its day to day operations.
114. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number and location of specially designated training stations for Garda recruits which have the required training and development structures and resources in place, which include trained Garda tutors and access to a permanently appointed supervisory sergeant. [7195/17]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter.
I am informed by the Garda Commissioner that all Gardaí recruited since the reopening of the Garda College in September 2014 undertake the new 2 year training programme which leads to a Bachelor of Arts in Applied Policing and is accredited by the University of Limerick. The programme is the outcome of a comprehensive review of foundation training for entrants to An Garda Síochána and exemplifies best practice.
Phase 1, which lasts 32 weeks, is based in the Garda College and places a strong emphasis on problem-based learning where students learn in small groups through engagement with realistic policing scenarios. This methodology emphasises the development of ‘learning to learn’ skills, the development of reflective practice and supports the transition into learning in an operational policing environment.
Phase 2, which lasts for 65 weeks, is primarily based in Garda stations with appropriate training and development structures in place that include access to a trained tutor Garda and a permanently appointed supervisory sergeant who is thoroughly familiar with their responsibilities under the training programme. During the course of their placement, trainees move through three development stages from assisting his or her Garda tutor to taking the lead role and being assisted by the tutor, to finally the autonomous stage where they are deployed in regular policing activity and work independently within the operational unit. Over the course of the placement they also return to the Garda College for a number to weeks to further enhance their skills in specialist areas including sexual assault, intelligence –led policing, file preparation and court presentation and so on.
Phase 3 consists of seven weeks of preparation for final exams and assessments.
At the end of Phase 1 successful Garda trainees are attested (i.e. become members of the Garda Síochána with full police powers) and are dispersed to Garda stations throughout the country, where they are assigned to mainstream policing duties. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
I am informed by the Commissioner that training has been provided to tutor Gardaí and supervisory Sergeants in the 63 designated stations outlined in the following table. This training is provided on an ongoing basis.
|
Designated Training Garda Stations |
|
|
1 |
Anglesea Street Co Cork |
|
2 |
Ashbourne Co Meath |
|
3 |
Athlone Co. Westmeath |
|
4 |
Balbriggan Co Dublin |
|
5 |
Ballyfermot Dublin |
|
6 |
Ballymun Dublin |
|
7 |
Bandon Cork |
|
8 |
Blackrock Co Dublin |
|
9 |
Blanchardstown Dublin 15 |
|
10 |
Bray Co Wicklow |
|
11 |
Bridewell Dublin 8 |
|
12 |
Carlow |
|
13 |
Castlebar Co Mayo |
|
14 |
Cavan |
|
15 |
Clondalkin Dublin |
|
16 |
Clonmel Co Tipperary |
|
17 |
Clontarf Dublin |
|
18 |
Coolock Dublin |
|
19 |
Crumlin Dublin |
|
20 |
Drogheda Co Louth |
|
21 |
Dun Laoghaire Co Dublin |
|
22 |
Dundalk Co Louth |
|
23 |
Dundrum Dublin |
|
24 |
Ennis Co Clare |
|
25 |
Enniscorthy Co Wexford |
|
26 |
Finglas Dublin 11 |
|
27 |
Gaillimh |
|
28 |
Guarranabraher Co Cork |
|
29 |
Henry Street Limerick |
|
30 |
Irishtown Dublin |
|
31 |
Kevin Street Dublin |
|
32 |
Kildare |
|
33 |
Kilkenny |
|
34 |
Killarney Co Kerry |
|
35 |
Kilmainham Dublin |
|
36 |
Leixlip Co Kildare |
|
37 |
Letterkenny Co Donegal |
|
38 |
Longford |
|
39 |
Lucan Dublin |
|
40 |
Mallow Cork |
|
41 |
Monaghan |
|
42 |
Mountjoy Dublin |
|
43 |
Mullingar Co Westmeath |
|
44 |
Naas Co Kildare |
|
45 |
Navan Co Meath |
|
46 |
Newbridge Co Kildare |
|
47 |
Pearse Street Dublin |
|
48 |
Portlaoise Co Laois |
|
49 |
Raheny Dublin |
|
50 |
Rathmines Dublin |
|
51 |
Ronanstown Dublin |
|
52 |
Roxboro Road Limerick |
|
53 |
Santry Dublin |
|
54 |
Sligo |
|
55 |
Store Street Dublin |
|
56 |
Sundrive Road Dublin |
|
57 |
Swords Co Dublin |
|
58 |
Tallaght Dublin |
|
59 |
Thurles Co Tipperary |
|
60 |
Togher Co Cork |
|
61 |
Tralee CO Kerry |
|
62 |
Waterford |
|
63 |
Wexford |
115. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the number of current citizenship applications by year the applications were made, in tabular form. [7198/17]
Amharc ar fhreagraI presume the Deputy is referring to applications currently on hand and where the process has not been completed.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While straightforward cases are generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time, particularly with regard to establishing whether the conditions for naturalisation, such as good character and lawful residence are satisfied.
In many cases delays can arise as further documentation may be required from the applicant and/or payment of the certificate fee is awaited, or the applicant has not engaged with the office. In some instances delays can arise at the final stage of the naturalisation process, for example where information comes to light which requires further investigation. In other instances the applicant may request that a hold be put on their application, for example where they may have returned to their country of origin for a prolonged period, to facilitate them in making arrangements to return to reside in the State, or where they have difficulty in obtaining satisfactory evidence of their identity or nationality.
Following a review of outstanding cases carried out in October last year, applicants with outstanding applications are being written to informing them that a time limit is being imposed to pay the requisite certificate fee (which consists the bulk of cases) or to supply documentation which was requested. Requests for an extension of the deadline were acceded in some instances taking account of individual circumstances.
In cases where no valid reason has been advanced for a delay in fee payment or supply of requested documents, or where the applicant has not responded to correspondence over a lengthy period of time, a further submission may be made recommending the refusal of the application and closure of the case.
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of current citizenship applications by year the applications were made, are as per the following table. Over 80% of all applications on hand were received either in 2016 (with the bulk of those in the second half of the year) and this year to date.
|
Year |
No. Applications |
|
2012 and prior |
143 |
|
2013 |
199 |
|
2014 |
442 |
|
2015 |
974 |
|
2016 |
6,813 |
|
2017 to date |
1,055 |
|
Total |
9,626 |
116. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality the number of incidents of ramming of Garda vehicles over the past ten years; and if she will make a statement on the matter. [7243/17]
Amharc ar fhreagra117. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality the number of incidents of gardaí being injured in incidents of ramming of Garda vehicles over the past ten years; and if she will make a statement on the matter. [7244/17]
Amharc ar fhreagraI propose to take Questions Nos. 116 and 117 together.
The Deputy is already aware that I consider the deliberate ramming of Garda vehicles to be an extremely serious matter insofar as road safety is concerned. The safety of the members of An Garda Síochána and the general public on our roads is of critical importance. It is essential that Gardaí are protected in carrying out their work and that the law reflects and responds to the situations in which Gardaí find themselves.
The following table outlines details of the number of incidents reported which involved the ‘ramming’ of a Garda vehicle from 2010 to date. Details of the number of incidents prior to 2010 are not available.
|
Year |
Ramming Incidents |
|
2010 |
74 |
|
2011 |
62 |
|
2012 |
51 |
|
2013 |
64 |
|
2014 |
55 |
|
2015 |
70 |
|
2016 |
82 |
|
2017 (Up until 12.2.17) |
8 |
I have requested a Garda report on the number of incidents of Gardaí being injured in incidents of ramming of Garda vehicles over the past ten years and I will make contact with the Deputy directly on receipt of this report.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 117 for answer on Tuesday, 14 February, 2017, in which you requested the number of incidents of Gardaí being injured in incidents of ramming of Garda vehicles over the past ten years.
As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again following receipt of a report from An Garda Síochána.
An Garda Síochána has informed me that it is not in a position to provide the information requested as it would require a disproportionate amount of Garda time and resources to collate the data requested.
