Written Answers Nos. 98-109
98. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality the way a person (details supplied) was allowed to leave the State and travel to Egypt in 2009 while under the supervision of the Prison Service; and if she will make a statement on the matter. [7741/17]
Amharc ar fhreagraI am informed by the Irish Prison Service that the person in question is serving a sentence of life imprisonment. Having served 15 years in prison, he was released in 2007 in the context of a carefully structured and tightly controlled temporary release programme to live in the community under the supervision of the Probation Service, while subject to strict conditions and a schedule of weekly appointments in the prison.
In December 2008, the application to travel to Egypt was communicated to the Irish Prison Service by the person’s supervising Probation Officer in the community and was fully supported and recommended by the Probation Officer. The application to travel was approved, which included a condition that all travel arrangements and comprehensive contact details while abroad be disclosed to the Irish Prison Service in advance of the travel date.
The granting of permission for a life sentenced prisoner to travel with family on a holiday is regarded as an essential step in the re-integration process, particularly in the context of resocialisation and normalisation. It is important to emphasise that any applications received from life sentenced persons to travel outside of this jurisdiction are carefully judged on their own individual merits.
Finally I am further advised by the Irish Prison Service that the person completed the journey without incident.
99. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the reason the restriction on applications for Irish visas from Libyan nationals has been in place from 2014; and if she will make a statement on the matter. [7751/17]
Amharc ar fhreagraI can confirm that certain restrictions on consideration of Irish visa applications from residents of Libya have been in place since August, 2014 due to the political and security situation in Libya. In doing so, all relevant considerations including the ongoing security situation in Libya and the potential economic impact of the restrictions were taken into account.
There is provision for a small number of exceptions relating to the beef industry where applications may be accepted from persons who are known to and sponsored by the Department of Agriculture, Food and the Marine and/or An Bord Bia and who have a good travel history to Ireland, the UK or the Schengen countries. Certain applications in relation to the oil industry and which are supported by the internationally recognised Government in Libya are also considered.
The position continues to be kept under review by the Irish Naturalisation and Immigration Service of my Department.
100. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the numbers of D join family visas refused for visa applicants applying from Syria, Iraq, Afghanistan, Lebanon, Jordan, Turkey and Yemen to join family members here in 2016 and to date in 2017 by country in tabular form; and if she will make a statement on the matter. [7752/17]
Amharc ar fhreagraApplications for D Join family visas are processed in accordance with the guidelines set out in my Department's Policy Document on non-EEA Family Reunification published in December, 2013. Each visa application is decided on its own merits taking all relevant factors into account.
As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors.
I am advised by the Irish Naturalisation & Immigration Service of my Department that the number of “join family” visas refused for nationals from the countries referred to is set out in the following table.
As the Deputy will be aware the Government is committed to taking up to 4,000 persons into Ireland under the International Refugee Protection Programme. Taking account of the situation in the Middle East, and the plight of the refugees, I 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.
|
Country |
‘D’ join family visas refused for visa applicants 2016 |
D’ join family visas refused for visa applicants 2017 to date |
|
Afghanistan |
4 |
4 |
|
Iraq |
16 |
2 |
|
Jordan |
4 |
0 |
|
Lebanon |
3 |
0 |
|
Syrian Arab Republic |
24 |
3 |
|
Turkey |
5 |
0 |
|
Yemen |
3 |
0 |
101. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of visa applications made pursuant to Directive 2004/38EC from Syria, Iraq, Afghanistan, Lebanon, Jordan, Turkey and Yemen which have been pending for six months or longer by country in tabular form; the numbers refused in 2016 and to date in 2017; and if she will make a statement on the matter. [7753/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information requested by the Deputy is set out in the following table.
More generally, the Visa Office is currently experiencing delays in processing such applications due to the large volumes of applications of this type received particularly since the second quarter of 2015. Legal proceedings in relation to a number of similar such applications are currently before the courts, and accordingly, the Deputy will appreciate that I am somewhat limited in what I can say on the matter. However, I can say that there has been an exponential increase in the number of such applications and with it increasing concerns around potential abuse of the Directive in relation to such cases. This has given rise to a current caseload in the region of 10,500 applications overall which have to be assessed very carefully to ensure that any fraudulent applications or potential abuses of the Directive are detected and dealt with appropriately.
While every effort generally is made to process these applications as soon as possible, processing times will vary having regard to the volume of applications, their complexity, the possible need for the Visa Office to investigate, enquire into, or seek further information in relation to certain applications, and the resources available. The State has an obligation in that regard to take into account the overall integrity of its immigration system in dealing with applications.
|
Country |
Refused in 2016 |
Refused in 2017 |
Undecided applications (received more than 6 months) |
|
Afghanistan |
4 |
1 |
2,671 |
|
Iraq |
12 |
6 |
893 |
|
Jordan |
0 |
0 |
0 |
|
Lebanon |
0 |
0 |
2 |
|
Syrian Arab Republic |
6 |
0 |
1 |
|
Turkey |
5 |
0 |
0 |
|
Yemen |
1 |
0 |
25 |
|
Total |
28 |
7 |
3,592 |
102. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality the number of fines issued to motorists apprehended having more than 50 mg of alcohol per 100 ml of blood but less than 80 mg, for each year since the measure was introduced under the Road Traffic Act 2012 in tabular form. [7768/17]
Amharc ar fhreagraWith effect from 27 October, 2011 certain offences contrary to Sections 4 and 5, Road Traffic Act, 2010 (i.e. driving, or attempting to drive, or in-charge of a vehicle while, under the influence of an intoxicant) may be dealt with by way of Fixed Penalty Notice, in lieu of the commencement of criminal proceedings, for persons deemed suitable by the Regulations.
The following table shows the number of Fixed Penalty Notices issued to persons arrested having been recorded as having in excess of 50mgs of alcohol per 100 ml of blood, but less than 80mgs, for the period 2011 (October) to date in 2017 (valid to 12 February 2017).
|
Year |
No. of Fixed Charge Notices issued for Alcohol / Blood level 51-80mgs |
|
2017 |
1 |
|
2016 |
69 |
|
2015 |
62 |
|
2014 |
47 |
|
2013 |
68 |
|
2012 |
111 |
|
2011 |
7 |
These figures include both specified drivers (i.e. learner, novice and ‘professional’ drivers) and non-specified drivers. The penalties provided for by way of Fixed Penalty Notice for offenders detected in this category is €200 fine + 3 penalty points affixed to your licence in the case of non-specified drivers, and €200 fine + disqualified from driving for a period of 3 months for specified drivers.
The Deputy may be aware that the Minister for Transport, Tourism and Sport announced that his Department will review Section 29 of the Road Traffic 2010 with the intention of ensuring that all drivers, if caught drink driving, will, in future, receive a mandatory disqualification. Specifically, it is intended that those non-specified drivers detected driving between 50mg and 80mg will receive a 3-month disqualification from driving instead of 3 penalty points currently provided for in Section 29. Replacing the 3 penalty points with a 3-month disqualification is considered appropriate and proportionate in line with the other disqualification periods provided for in Section 29. This option would allow for the continuation of the administrative option for penalising drink driving offences but would result in all drink driving offences under section 29 receiving a disqualification of 3 – 6 months. I support Minister Ross's intention to amend section 29 of the Road Traffic Act 2010, which should assist us in ensuring more effective enforcement of road traffic offences and making our roads safer. My Department will continue to assist the Department of Transport, Tourism and Sport in bringing these changes forward.
103. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if there has been discussions between his officials and officials of the British Government regarding policing borders after the Brexit negotiations in view of the fact that justice issues now appear to be a sovereign issue for the British government. [2734/17]
Amharc ar fhreagraIt has always been the case that Ireland and the United Kingdom cooperate closely on immigration and border matters, in particular as they relate to securing the Common Travel Area (CTA) and we will continue to cooperate, and to strengthen that cooperation, in the future. Both Governments have publicly declared their commitment to ensuring no return to a so-called 'hard border' on the island of Ireland. There are excellent relations at official and political level in relation to enhancing the operation of the Common Travel Area and we are committed to that continuing.
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, earlier this year new arrangements to allow for the sharing of Advanced Passenger Information between Ireland and the UK 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.
The practical impact of Brexit on the operation of the CTA is being considered between officials of the Department and the UK Home Office, including at meetings of the Common Travel Area Forum jointly chaired by the Director General of the INIS and his UK counterpart. Of course, any negotiations on Brexit itself can only commence when Article 50 is triggered. While we will continue to maintain and enhance cooperation with the UK in relation to general immigration and border enforcement, Ireland 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 leave the Union.
104. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she will report on the commitment in the programme for Government on setting up an inquiry into the Stardust tragedy. [3074/17]
Amharc ar fhreagraThe 'Programme for a Partnership Government' committed the Government to have full regard to "...any new evidence which emerges which would be likely to definitively establish the cause of the fire at Stardust".
Since the passing of a motion by Dáil Éireann on 26th January 2017 which called on the Government "...to meet with the Stardust Relatives’ and Victims Committee regarding the new and updated evidence they have uncovered...", a meeting took place between the Stardust Relatives and Victims' Committee and officials from my Department on 9th February. A further meeting involving the Taoiseach and myself will be arranged with the Stardust Relatives and Victims' Committee as soon as possible.
In addition, discussions are underway to secure an appropriate independent person to undertake the task of assessing whether or not new evidence exists that would justify establishing a Commission of Investigation. As these discussions are ongoing, it would not be appropriate for me to comment further at this stage.
105. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she will report on the commitment in the programme for Government on extending Garda oversight and accountability. [4121/17]
Amharc ar fhreagraSince my appointment as Minister for Justice and Equality, I have overseen a significant programme of reform in Garda oversight and accountability.
The establishment of the Policing Authority represents one of the most significant and progressive reforms to the justice sector over recent years and the recent transfer of the appointment function in relation to the senior ranks is a particularly important signal of this reform.
The Garda Síochána Ombudsman Commission (GSOC) has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded. I am committed to ensuring that we have in place the most effective possible mechanism for the investigation of complaints. GSOC has been operating for 10 years now, and I believe it is time to examine fundamentally the legislative provisions relating to the manner in which complaints are made to and dealt with by GSOC. Accordingly, it is my intention to seek Government approval to prepare Heads of a Bill to amend the Garda Síochána Act 2005 to enable GSOC to carry out its functions more effectively and efficiently and help continue to ensure proper accountability of the Garda Síochána in providing a service to the public.
The Garda Inspectorate performs a very valuable service in seeking to ensure that the highest level of efficiency and effectiveness in the operation and administration of the Garda Síochána is maintained. The Garda Inspectorate report 'Changing Policing in Ireland', published in December 2015, is a comprehensive report into all aspects of the administration of An Garda Síochána. Last July the Government approved my proposals for a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the report of the Garda Inspectorate and the commitments in the Programme for a Partnership Government to increase the visibility, effectiveness and responsiveness of An Garda Síochána. In this regard it sets out an overall vision of a Garda workforce of 21,000 comprising 15,000 Gardaí, 2,000 Reserves and 4,000 civilians to be to be achieved incrementally over five years in tandem with the delivery of reforms. The delivery of this overall vision is supported by the provision in Budget 2017 for the recruitment of 800 trainee Gardaí, up to 500 additional civilian staff and 300 Reserves.
The Garda Commissioner’s Modernisation and Renewal Programme 2016-2021, published in June 2016, is the vehicle for the implementation of the Inspectorate’s wide range of recommendations aimed at her organisation. I have asked the Policing Authority to monitor implementation of these agreed recommendations by An Garda Síochána and to report to me on progress on a quarterly basis.
I believe the new Code of Ethics, prepared by the Policing Authority and An Garda Síochána in conjunction with a range of stakeholders, is an important milestone. I also welcome the commitments in the Policing Plan 2017 to embed this Code into the day to day thinking and actions of the organisation.
Both I and the Government are committed to ensuring that An Garda Síochána continue to provide a modern, efficient and accountable policing service and I have every confidence that the new structures which have been put in place are a significant contribution to that.
106. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she will report on the Government's plans for the referendum committed to in the programme for Government on Article 41.2.1 of the Constitution. [7055/17]
Amharc ar fhreagraThe Programme for a Partnership Government, published in May 2016, states that we will hold a referendum on Article 41.2.1 of the Constitution regarding a “woman’s life within the home”. The Tánaiste will in due course bring forward proposals for the Government's consideration regarding the proposed approach to the referendum. Once approved by Government, the General Scheme of the referendum Bill will be drafted setting out the referendum wording and implementing legislation, if needed. No timing has been decided on yet in respect of a referendum on this matter.
107. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 338 of 2 February 2017, if she has received the report requested on a review of US pre-clearance in Ireland. [7027/17]
Amharc ar fhreagra108. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the status of the review into the pre-clearance agreement for Dublin and Shannon airports. [7356/17]
Amharc ar fhreagra109. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the name of the organisation appointed to carry out a review of US pre-clearance arrangements in Shannon and Dublin Airports; and when she expects it to report. [7048/17]
Amharc ar fhreagraI propose to take Questions Nos. 107 to 109, inclusive, together.
The Taoiseach announced at the end of January that he had ordered that a review be undertaken by the Department of Transport, Tourism and Sport, the Department of Foreign Affairs and Trade and the Department of Justice and Equality of the operation of US preclearance in Dublin and Shannon Airports, and work has been continuing on the review since that time. My Department agreed to collate the contributions from the three Departments, in consultation with the Office of the Attorney General. I can inform the Deputies that the report of the review is close to finalisation and is expected to be submitted to the Taoiseach's Department shortly.
