Written Answers Nos. 26 - 44
26. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the cost of the Garda information services centre each year since its establishment; and the number of Garda personnel and the number of civilian personnel allocated to it. [10797/17]
Amharc ar fhreagraThe Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter.
I have asked the Garda Commissioner for the other information requested by the Deputy and will revert to him when it is to hand.
27. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of Garda cars currently in operation; and the number of these cars that have satellite navigation installed. [10798/17]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for Garda resources, including the acquisition of vehicles for the Garda fleet, and I, as Minister, have no direct role in the matter.
I am, however, advised by the Garda Authorities that, as at the 27 February 2017 which is the latest date for which figures are available, the Garda fleet comprised of some 2,815 vehicles. While the standard specification for official Garda vehicles does not include satellite navigation, I am advised for example that some 32 vehicles were purchased in 2016 which had satellite navigation installed
29. Deputy Pat Deering asked the Tánaiste and Minister for Justice and Equality if she will return the original birth certificates (details provided) submitted with asylum applications as these are now required for passport applications. [10809/17]
Amharc ar fhreagraOfficials of the Irish Naturalisation and Immigration Service (INIS) of my Department are seeking to resolve this issue and I will write to the Deputy shortly to update him on the matter.
The Deputy might note that queries in relation to 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 should 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.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 29 for answer on Thursday, 2nd March, 2017, in which you requested the return of original birth certificates submitted with asylum applications.
As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again. The files relating to the person concerned have since been retrieved from my Department’s storage facility and they do not contain the documentation sought. I should add that in August and September 2016, the Irish Naturalisation and Immigration Service (INIS) of my Department returned to the person concerned a significant amount of personal documentation that had been retained on file, although this did not include the birth certificates in question.
Certain documentation relevant to the request is available on the case file of the children’s other parent. However, in line with data protection requirements, the consent of the second parent to release the documentation would need to be obtained before it could be released to the first parent. Alternatively, the second parent can request the documentation from the INIS and it will be released to him or her directly.
I hope this information is of assistance.
30. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the total number of gardaí assigned to the Waterford Garda division for each of the years 2010 to 2016 and to date in 2017; and if she will make a statement on the matter. [10911/17]
Amharc ar fhreagraThe Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed by the Commissioner that the Garda strength of the Waterford Division, on the 31 January 2017, the latest date for which figures are readily available, was 277. There are also 24 Garda Reserves and 28 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and the Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that 838 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 24 of whom have been assigned to the Waterford Division. I am also informed that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division including the Waterford Division, in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
For the Deputy's information I have set out in the following table the strength of the Waterford Division for the years 2010 to 2016 and up to 31 January 2017, the latest date for which figures are readily available, as provided by the Commissioner.
|
Waterford Garda Strength 2010-2017 |
|
|
Year |
Strength |
|
2010 |
305 |
|
2011 |
290 |
|
2012 |
284 |
|
2013 |
274 |
|
2014 |
274 |
|
2015 |
282 |
|
2016 |
277 |
|
2017* |
277 |
*up to 31 January 2017
31. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the supports being provided to a person (details supplied) who is on the waiting list for admission to the central mental hospital; when the person will be admitted to the hospital; and if she will make a statement on the matter. [10975/17]
Amharc ar fhreagraI am advised by the Irish Prison Service that in-reach mental health services are made available to the persons in its custody through its collaboration with the Health Service Executive, and the National Forensic Mental Health Service. The National Forensic Mental Health Service is currently providing forensic mental health sessions in Cloverhill Prison.
The Irish Prison Service has access to a limited number of places in the Central Mental Hospital for prisoners who require residential mental health treatment. There is currently an average of 20 prisoners each week awaiting transfer to the Central Mental Hospital.
The Health Service Executive confirmed in recent correspondence that the person referred to in the Deputies question was 15th on the waiting list. This person continues to be treated under the mental health services available from the Prison In-Reach and Courts Liaison Service team.
The Irish Prison Service understands that, in view of the pressures on capacity in the Central Mental Hospital at present, the National Forensic Mental Health Service is currently managing the competing priorities of all patients who have been assessed as having a requirement for admission to the Central Mental Hospital on the basis of assessed clinical need.
The Health Service Executive has confirmed that the National Forensic Mental Health Service Clinical Team will continue to provide the best care and treatment possible in the prison environment to the person referred to. However, it is not in a position at present to give an estimate of when this person will be admitted to the Central Mental Hospital.
32. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the way in which a person with limited resources is able to defend themselves in civil matters against a publicly funded institution with its own publicly funded legal supports; and if she will make a statement on the matter. [10979/17]
Amharc ar fhreagraAs the Deputy will be aware, the provision of civil legal aid in the State is delivered through the Legal Aid Board. The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations 1996 to 2016. The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain financial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations.
All applicants for civil legal aid and advice are required to meet both the merits test and the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2016. The vast majority of applicants granted legal aid and advice are also required to pay some contribution. The minimum amount is €30 for legal advice and a minimum of €130 applies for legal aid, which includes the advice contribution already paid.
It should be noted that the Civil Legal Aid Act provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant.
33. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if she will consider putting a fund in place for persons and publicly funded institutions to apply for resources in civil legal cases where the same limits of funding would apply to both; and if she will make a statement on the matter. [10980/17]
Amharc ar fhreagraAs the Deputy will be aware, the provision of civil legal aid in the State is delivered through the Legal Aid Board. The Legal Aid Board administers the civil legal aid scheme on foot of the Civil Legal Aid Act 1995 (as amended) and the Civil Legal Aid Regulations (1996 – 2013). The criteria for obtaining legal advice are set out in section 26 of the Act while the criteria for obtaining legal aid are set out in section 28. Both sections require that an applicant satisfy certain financial eligibility conditions, and the detail of these conditions is set out in the aforementioned Regulations.
Overall, this Government has made significant strides in improving the efficiency of the legal aid system and I am satisfied that the current model is appropriate to meet the needs of those people seeking civil legal aid insofar as is possible.
34. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the way in which the independence of the legal services regulator is assured; and if she will make a statement on the matter. [10981/17]
Amharc ar fhreagra35. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if the new legal services regulator has a remit to examine cases retrospectively; if any statute of limitations applies; and if she will make a statement on the matter. [10982/17]
Amharc ar fhreagraI propose to take Questions Nos. 34 and 35 together.
Under section 13(3) of the Legal Services Regulation Act 2015 it is provided that, subject to the Act, the Legal Services Regulatory Authority "shall be independent in the performance of its functions". This principle permeates the entire 2015 Act and its respective provisions including in terms of the independence of the nomination of the Legal Services Regulatory Authority which has eleven members including a lay majority and a lay Chairperson. Under Part 2 of the 2015 Act, the Regulatory Authority, which has its own corporate identity and can sue or be sued in its own right, also appoints its own staff and Chief Executive subject to the usual oversight framework of the Department of Public Expenditure and Reform. It can establish its own committees in the conduct of its day to day business. It is subject, under the Act, to a suite of annual, business and strategic reporting obligations while also being financially and operationally accountable, including through its Chief Executive, to the Office of the Comptroller and Auditor General, the Public Accounts Committee, and the Oireachtas Joint Committee on Justice and Equality. In short, and with the benefit of a series of reinforced independence provisions introduced under Government amendments following publication of the Legal Services Regulation Bill in 2011, the Regulatory Authority now has the structures, functions and powers consistent with an effective, independent regulator while being democratically accountable including to the Houses and relevant Committees of the Oireachtas.
The statutory independence conferred by the 2015 Act also extends to potential members of the Legal Services Regulatory Authority. Such persons are each, under the relevant provisions of Part 2 of the 2015 Act, put forward by one of ten prescribed nominating bodies that are intended to represent a regulatory balance of interests between lawyers and the consumers of legal services. Neither the Government nor any other non-specified entity can nominate or otherwise insert additional candidates for membership of the Authority under these nomination and appointment provisions. In the consideration of nominees for membership of the Regulatory Authority both the nominating bodies and the Government are obliged to ensure that the nominees have relevant knowledge and expertise in a range of areas that are specified in Part 2 of the 2015 Act. By way of further safeguard, it is provided under section 9(2)(a) of the Act that when the members of the Regulatory Authority are to be appointed by the Government, there first has to be a resolution approving such appointment passed by each House of the Oireachtas. There is no departmental official sitting on the Authority and its membership is also staggered by way of both ensuring continuity of function and preventing change to the full membership at one time. Not only, therefore, is the independence of the Regulatory Authority set out in its own establishment and governance provisions, it is also copper-fastened by its chain of public accountability which is laid out under the 2015 Act as I have just described.
The independence of the Legal Services Regulatory Authority provided in the 2015 Act mirrors that which the Act also applies in relation to the legal professions and their clients. Under section 13(4) of the Act, the objectives to be observed by the Regulatory Authority in the performance of its functions include those of supporting and promoting the interests of the public and consumers and of competition in the provision of legal services in the State. They also include the objectives of supporting the proper and effective administration of justice, encouraging an independent, strong and effective legal profession and promoting and maintaining adherence to the professional principles. The professional principles, as set out in section 13(5), of the 2015 Act, are that legal practitioners must act with independence and integrity, act in the best interests of their clients and maintain proper standards of work. Moreover, they must comply with the duties that are rightfully owed to the court, and they must, subject to professional obligations, keep the affairs of their clients confidential. In a similar vein, the Regulatory Authority is also free from any Government or Ministerial involvement in relation to its regulation of codes of practice or professional codes under sections 22 and 23 of the 2015 Act, respectively.
Independence of function is also a cornerstone of the professional conduct and public complaints procedures that will be introduced with the commencement, at the appropriate time, of Part 6 of the 2015 Act. This will include the establishment of a new Legal Practitioners' Disciplinary Tribunal that will deal with allegations of misconduct in relation to both solicitors and barristers. At the same time, the Disciplinary Tribunal will be independent in its functions of the Regulatory Authority, the Government and the legal professional bodies. Relevant complaints will no longer be made by the public through the legal professional bodies as happens at present, but directly to the new Authority. Complaints made and completed under the existing professional conduct and disciplinary regimes operated by the Law Society or the Bar Council or their respective disciplinary tribunals cannot be made again to the new Regulatory Authority. Similarly, under the 2015 Act, any ongoing complaints already made under these existing regimes will have to be completed under their existing procedures and existing law.
With regard to the question of dealing with cases retrospectively, when Part 6 of the Legal Services Regulation Act 2015 is commenced then any new complaints from the date of commencement will be dealt with by the Regulatory Authority. It is my understanding that under the transitional provisions set out under section 91 of the 2015 Act, if they concern acts or omissions by solicitors that have occurred before the commencement date of Part 6, the Authority will deal with them. If such pre-commencement acts or omissions relate to inadequate services this will be done under the 2015 Act but if they relate to alleged misconduct by a solicitor then "misconduct" for the purposes of the complaint will continue to have the meaning it currently has under section 3 of the Solicitors (Amendment) Act 1960. Where new complaints concern acts or omissions arising following the commencement of Part 6 of the 2015 Act then they will be dealt with by the Regulatory Authority under the new provisions and procedures of that Act. There is a three-year time limit set out under section 58(7) of the 2015 Act for what might be described essentially as service-level complaints. This would be where, for example, it is being alleged that the legal services provided by a legal practitioner are of an inadequate standard, or that an amount of costs was excessive. However, the Deputy will particularly wish to note that, as currently is the case, there is no time limit set under Part 6 of the 2015 Act for complaints about professional misconduct. Complaints at this level would concern acts or omissions that may be considered as constituting professional misconduct as set out under section 50 of the 2015 Act. Such misconduct would, for example, include the seeking of an amount of costs in respect of the provision of legal services that is "grossly excessive" or the committing of certain listed breaches or offences.
36. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the travel visa requirements that apply to a person (details supplied). [10990/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as the person mentioned by the Deputy is a South African citizen, they do not need to apply for a visa to join their Irish spouse or accompany them if they are moving to Ireland. Details are available at the following link www.inis.gov.ie/en/INIS/Pages/non-visa-long-family-irish.
After entering the State, the person mentioned must apply for permission to stay in Ireland and register with their local Immigration Office prior to the expiry of their visitor's permission, (i.e. landing stamp in their passport). The person mentioned and their Irish spouse must attend at their local immigration office to register as the spouse of an Irish National. Details on the requirements are available on the website at www.inis.gov.ie/en/INIS/Pages/WP07000024. In this instance route A applies.
It is important to appreciate that this process cannot start from outside the State.
Once registered, the person's passport will be endorsed with a Stamp 4 which will enable the person to reside in the State, enter employment without the need for a work permit or set up a business in the State without the consent of the Minister. Renewal of permission will be subject to attendance with his spouse at their local Immigration Office, the provision of his passport, their spouse's passport, marriage certificate and proof of address.
If they propose to live in the Dublin area they will have to make an appointment to register their permission at the Burgh Quay Registration Office as soon as they arrive in the state. INIS advises applicants to book an appointment up to ten weeks before their permission expires. Applicants who have not managed to secure an appointment before the expiry of their permission should check the website at 2:30pm daily to secure an early appointment. I am informed that INIS recognises that emergency situations can arise. Such cases are with dealt with on a case by case basis and enquiries should be sent to burghquayregoffice@justice.ie.
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.
37. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [10996/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy - which was received in January this year - is ongoing with a view to establishing whether the conditions for naturalisation, such as good character and lawful residence, are satisfied.
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 most cases are now 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.
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 established specifically 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.
38. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 46 of 19 January 2017, when update of stamp 4 will be arranged in the case of a person (detail supplied); if all matters relating to the request from INIS by way of letter dated 6 January 2017 and not referred to in the aforementioned reply have now been complied with; and if she will make a statement on the matter. [10997/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy was granted a right of residency, accompanied by a right to work, based on parentage of an Irish citizen child on 12 January 2016. An application for renewal of residency was received in the relevant Section of the INIS on 16 November 2016. The application is under consideration at present and the INIS will be in contact with the person concerned when the case has been finalised.
I wish to advise the Deputy that Parliamentary Question No. 46 of 19 January 2017 does not relate to the person referred to by the Deputy.
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 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 Question process. The Deputy may consider using the e-mail service except in questions where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
39. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of eligibility for naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [10998/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order, made on 11 March 2005, following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The person concerned, through their legal representative, has made a request to have that Deportation Order revoked, based on the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the resulting decision will be to 'affirm' or to 'revoke' the existing Deportation Order.
The person concerned, again through their legal representative, has also sought to be re-admitted to the asylum/protection process, pursuant to the provisions of Section 17 (7) of the Refugee Act 1996 (as amended) and the initial decision in this regard is currently under review. Once a final decision has been arrived at, it will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to re-admit, or refuse to re-admit, the person concerned to the asylum/protection process.
The Deputy may also wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS by email 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 might consider using the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
40. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of family reunification in the case of a person (details supplied); and if she will make a statement on the matter. [11000/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have no record of a request being received from the person referred to by the Deputy concerning either family reunification or their general immigration status. I am also informed by INIS that the person in question appears to be currently illegal in the State as their permission expired on 10 November 2014.
They should be aware that it is illegal for them under the Immigration Act 2004, to remain in the State without the permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under Section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. In addition, it is apparent that the person concerned has failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration.
If the person referred to by the Deputy wishes the Minister to consider their immigration status, they should apply for the appropriate immigration permission as soon as possible. The person concerned should be referred to the INIS website - www.inis.gov.ie - which details the policies, procedures and application process for the various types of immigration permission.
41. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate naturalisation in the case of a person (details supplied); and if she will make a statement on the matter. [11003/17]
Amharc ar fhreagraI refer the Deputy to my answer to his Parliamentary Question No. 70 of 2 February 2017. The position remains as stated. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was deemed ineligible for reasons provided to the person concerned in a letter issued on 23 May 2016.
The records show that the person's permission to reside expired on 22 November 2016. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times and failure to do so may adversely affect an application for a certificate of naturalisation.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
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.
42. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when a joint spouse visa application will be approved in the case of a person (details supplied); and if she will make a statement on the matter. [11007/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was refused by the Visa Office in Dublin on 16 February 2017. The decision was communicated to the applicant who was advised that an appeal could be submitted up to two months following the visa refusal.
No appeal has been submitted as yet. If an appeal is made, the applicant should bear in mind the refusal reasons communicated to the applicant and be in a position to address them.
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.
43. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 29 of 15 November 2016, the status of a pilot scheme for the re-opening of Garda stations; if the six stations for re-opening on a pilot basis in line with the commitment in the programme for a partnership Government have been identified; the dates on which they will re-open; if the wider review being overseen by the Policing Authority has concluded; and if she will make a statement on the matter. [11062/17]
Amharc ar fhreagraThe Deputy will be aware that the Government has, in the Programme for a Partnership Government, recognised community policing as the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expectations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.
In line with the commitment in the Programme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. I understand that work is currently underway in An Garda Síochána to identify the 6 stations for inclusion in the pilot. I have not received a report on any aspect of this matter from the Garda authorities and, pending receipt of that report, I am not in a position to give any further information.
It is intended that the results of the pilot scheme will feed into the wider ongoing review by the Garda Síochána Inspectorate, at the request of the Policing Authority, of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities.
44. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of the implementation of the Istanbul Convention; and if she will make a statement on the matter. [11098/17]
Amharc ar fhreagraThis Government is totally committed to tackling domestic violence, as am I as Tánaiste and Minister for Justice and Equality.
The Programme for Government commits to full implementation of the Istanbul Convention. This Convention is a significant legal instrument in tackling violence against women and domestic violence. Many of the actions required by provisions in the Istanbul Convention are being implemented on a daily basis under current legislation and administrative practice. The 18 outstanding actions necessary to ratify the Istanbul Convention were published in the multi-annual action Plan which was published when Ireland signed the Convention on 5th November 2015. These actions are also contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021, published in January, 2016. It is intended that they will be delivered by the first quarter of 2018.
Some of the key actions required for ratification of Istanbul include the enactment of the Domestic Violence Bill. This will extend access to interim barring orders and give judges power to refer perpetrators to programmes both of which are required under the Istanbul Convention. The enactment of the Criminal Justice (Victims of Crime) Bill will also support ratification.
The overall position in respect of the 18 actions required for ratification at the end of June 2016 was:
i) 8 actions were on target
ii) 2 actions were completed (establishment of a Strategic Oversight Committee and the removal of reasonable chastisement as a common law offence)
iii) 4 actions are delayed less than six months (the Domestic Violence Bill covers 3 of these actions, the other action is the Victims Bill)
iv) 4 actions have yet to commence (2 of these actions do not arise until the Convention is ratified - amendment of Mutual Assistance Act and the provision of information by the Irish Human Rights and Equality Commission; one action is scheduled to commence in quarter two 2017 - annual report to be placed in Oireachtas library and one action has a timescale of quarter 4 2017 - legislation for extraterritorial offences).
A review of implementation of the Strategy for the year ended December 2016 is currently being finalised.
The Deputy may also wish to note I launched a national awareness campaign as part of the Second National Strategy in November 2016. It is intended that it will run for a period of 6 years up to 2021, subject to the continued availability of the necessary funding. The overall aim of the campaign is to increase the awareness of domestic and sexual violence, to bring about a change in long established societal behaviours and attitudes and to activate bystanders with the aim of decreasing and preventing this violence. It will recognise that women and men are victims of such crimes.
