Written Answers Nos. 102-116
102. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality if her Department has issued any alert to Irish embassies since October 2014 on the Magdalen restorative justice scheme; if not, the reason this is the case; and if she will make a statement on the matter. [9607/17]
Amharc ar fhreagraI can advise the Deputy that in October 2014 the Department of Foreign Affairs and Trade, on request from my Department, circulated an information note on the Magdalen Laundries Restorative Justice Ex Gratia Scheme through their embassies around the world to the local Irish communities. My Department is satisfied that an information note is still up to-date and does not see the need to re-circulate what is already in circulation.
If the Deputy is aware of any group or organisation which is not aware of the Ex Gratia Scheme and would like to have this information note, my officials in the Restorative Justice Implementation Unit will be happy to assist.
On a general point, the Deputy will be aware that both the McAleese and Quirke Reports as well as the establishment of the Magdalen Scheme attracted worldwide media attention. The Irish Women Survivors Support Network circulated thousands of leaflets in the UK and continue to raise awareness about the Scheme.
The Ex Gratia Scheme remains open to new applications. To-date 669 women have received lump sum payments at a cost of over €25m. The women are also in receipt of other supports under the Scheme including top up pension type payments and free access to a range of medical services.
103. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality if her Department has issued any alerts to Irish embassies in regard to the commission of investigation into mother and baby homes; and if she will make a statement on the matter. [9609/17]
Amharc ar fhreagraThe Commission of Investigation into Mother and Baby Homes is a matter which comes under the remit of my colleague the Minister for Children and Youth Affairs and my Department has not issued any alerts to Irish embassies on this matter.
104. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality if assistance can be provided to a person (details supplied); and if she will make a statement on the matter. [9640/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned has not submitted written representations.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
105. Deputy Barry Cowen asked the Tánaiste and Minister for Justice and Equality when a person (details supplied) will receive a decision on a visa application. [9647/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application was received by the Visa Office in Dublin on 9 January 2017. A decision was made on 22 February 2017 and the applicant has been informed.
The Deputy may wish to note that 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 specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
106. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the advice she would provide to a person (details supplied) who has made numerous complaints to An Garda Síochána between 2004 and 2013, which in the person's view were not investigated satisfactorily; and if she will make a statement on the matter. [9656/17]
Amharc ar fhreagraAs the Deputy will be aware, the investigation of criminal offences is a matter for the Garda Síochána. A person who has concerns about the response to a crime that they have reported, may wish to raise this with their local Garda Superintendent or with the local Garda Victim Service Offices which are located in every Garda Division, the contact details of which are available on the Garda website.
It is of course open to any person who has a concern about the behaviour of members of the Garda Síochána to register a complaint with the Garda Síochána Ombudsman Commission (GSOC) which is the independent body established by law, with extensive powers, to investigate any allegations of Garda wrongdoing.
107. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the legal fees incurred on freedom of information, FOI, requests received by her Department; the staff hours involved in the processing of FOI requests for the past three years; and if she will make a statement on the matter. [9682/17]
Amharc ar fhreagraMy Department has not incurred any legal fees in relation to Freedom of Information requests for the time frame specified. Dealing with Freedom of Information is part of the daily work of staff across my Department so the time spent processing such requests is not recorded separately.
108. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the detail of the new application form as part of a re-application process for asylum seekers issued by her Department or the Irish Naturalisation and Immigration Service; the reason for the new application form; the date on which this was issued; the deadline for submitting; and the number of legal advisers available to assist with completing the applications. [9700/17]
Amharc ar fhreagra167. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the reason the International Protection Office has issued a 60-page application form to be returned within 20 days to residents in direct provision centres which does not allow them time to get advice on the completion of the form that will have a direct bearing on the success or not of an asylum application; if she will ensure that each applicant will have adequate legal advice prior to completing the form and allow enough time for applicants to take advice; and if she will make a statement on the matter. [10394/17]
Amharc ar fhreagraI propose to take Questions Nos. 108 and 167 together.
I refer the Deputy to my responses to Questions 112 and 113 of Tuesday 21 February 2017, and to Questions 86, 87, 88, 89 and 102 of Thursday 23 February 2017, in which I explained the background to the issue of the Application for International Protection Questionnaire (Form IPO 2) and dealt comprehensively with the issue of the time afforded to applicants for protection to complete the questionnaire. I also referred to the Legal Aid Board's role in assisting with the completion of the questionnaire.
A specialised service for international protection applicants is provided out of Legal Aid Board law centres in Dublin, Cork, and Galway. There is a total of 23.62 solicitors, and 7.8 paralegals (full time equivalents). It is important to note that not every solicitor in the above law centres are engaged in the provision of services in the area of international protection, nor does every solicitor engaged in the provision of services in the area of international protection deal exclusively with that area. A complementary service in international protection matters is provided by solicitors in private practice who have agreed to provide services on behalf of the Board. There are currently 67 solicitors on the international protection solicitors' panel with a number of applications remaining to be processed. The service provided by solicitors on the panel in relation to an application for international protection is the same service that would be provided by a law centre. Law centres refer applicants to the panel having regard to their workload and other guidelines laid down by Board management from time to time.
Additional staffing of 15 full time equivalents for the Legal Aid Board was approved by my Department in 2016, including clerical and legal grades. In addition, the budget assigned by the Board for referrals to the solicitors' panel has been increased to €250,000 for 2017.
109. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of women that have applied to the restorative justice scheme for survivors of the Magdalen laundries. [9731/17]
Amharc ar fhreagra110. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of women that have received the maximum amount of compensation afforded under the restorative justice scheme for survivors of the Magdalen laundries. [9732/17]
Amharc ar fhreagra111. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of women that have accepted lesser amounts than they applied for under the restorative justice scheme for survivors of the Magdalen laundries. [9733/17]
Amharc ar fhreagra112. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of applicants under the restorative justice scheme for survivors of the Magdalen laundries that have received lesser amounts than they applied for due to inaccurate and or missing records. [9734/17]
Amharc ar fhreagra113. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of applications made under the restorative justice scheme for survivors of the Magdalen laundries that have been rejected. [9735/17]
Amharc ar fhreagra114. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of applications made under the restorative justice scheme for survivors of the Magdalen laundries that have been rejected due to inaccurate and or missing records. [9736/17]
Amharc ar fhreagra115. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of interviews which have taken place with women that have made applications under the restorative justice scheme for survivors of the Magdalen laundries. [9737/17]
Amharc ar fhreagra116. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of the women that were interviewed that have accepted less compensation than the amount applied for under the restorative justice scheme for survivors of the Magdalen laundries. [9738/17]
Amharc ar fhreagraI propose to take Questions Nos. 109 to 116, inclusive, together.
The Magdalen Laundries Restorative Justice Ex Gratia Scheme was set up following the publication of the report in February, 2013 of an Inter-Departmental Committee to establish the facts of the State's involvement with the Magdalen Laundries. It was chaired by then Senator Martin McAleese and it is commonly referred to as the McAleese report. The material in the Report relates to 10 different institutions which were run by 4 different Orders of nuns over a period of 70 years. Although there was no finding in the McAleese Report which indicated that the State had any liability in the matter, following the report’s publication the Taoiseach issued a State apology to the women.
Mr. Justice Quirke was asked by the Government to make recommendations on an appropriate redress scheme for those who were in the 10 Magdalen laundries that were the subject of the McAleese Report. The Government also included in the scheme the laundry that was attached to Stanhope Street Training School and later also decided to include a 12th institution, the Training School in Summerhill.
The Scheme provides for lump sum payments varying from €11,500 to €100,000 depending on the length of stay in the institution concerned. Further, each woman is entitled to a top-up payment to bring her weekly income from the Irish State up to the equivalent of the Irish Contributory Pension.
To date 819 applications have been received by my Department all of which have been processed. No application was refused due to inaccurate or missing records. However, 101 applications were refused because the applicants were not resident in a relevant institution.
If there is a discrepancy, or in cases where the religious congregations have an incomplete or no record for an applicant, my officials carry out a thorough examination, checking whatever records are available from other departments, agencies and institutions to support the application. The records of the religious congregations are not regarded as decisive; they are just one factor that is taken into consideration. Interviews were conducted with 70 applicants for whom the religious congregations concerned did not have records and of those 70 applicants, 2 were refused entry to the scheme.
Over €25 million has been paid out to 669 women under the Scheme, of whom 118 qualified for the maximum lump sum payable under the scheme. In addition there are a further 17 applicants who also qualify for the maximum payment but have not yet been paid. Of these 17 applicants, 9 are deemed to lack capacity but will be paid following the commencement of the Assisted Decision Making legislation. The remaining 8 applicants who qualified for the maximum payment are deceased and payments will issue to their estate once a Grant of Probate issues. The Deputy will be aware that Judge Quirke recommended that where an applicant was deceased before a payment issued that the maximum amount payable to her estate should be €50,000.
Each application is assessed on an individual basis taking into account any available records, documents and statements including the applicant's testimony. Processing of all applications under the Scheme operates on the premise that the testimony of the applicant is correct and the officers processing the application then seek to verify the application by checking appropriate records. If there are records and they are consistent with the application, then an offer is made. It should be noted that the majority of applicants who were resident in the 10 Magdalen institutions fall into this category.
In relation to the question concerning applicants accepting lesser awards than were claimed, it should be noted that the award is determined solely by the proven length of time spent in the institution concerned. In some instances an applicant may believe that they spent a longer period of time in an institution than the available records support. Usually, when an applicant is shown all the available records, which include religious, primary school, employment records and and so on, they are satisfied, given the lapse of time involved, that the available records provide a more accurate account of the length of stay in the institution. The exact number of applications that category is unavailable but I am informed that the number is not significant.
