Written Answers Nos. 59 - 71
59. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality the number of the new Garda recruits assigned to the Carlow-Kilkenny Garda division in each year since Garda recruitment resumed in 2014; and the attested personnel strength of the Carlow-Kilkenny Garda division in September 2014 and at the end of February 2017. [15770/17]
Amharc ar fhreagraThis 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 plan is well on course to be achieved. 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 advised that, since the reopening of the Garda College in September 2014, there has been a total intake of some 1,400 new recruits with another 600 scheduled to enter the College by the end of this year. I am informed by the Commissioner that some 839 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 Kilkenny/Carlow 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 - a net increase of 700 in the total Garda strength since recruitment recommenced.
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 Kilkenny/Carlow Division in the coming years.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. 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.
For ease of reference the following table provides, for the record, details of the number of newly attested Garda allocated to the Kilkenny/Carlow Division, since the first attestation of trainee Garda in April 2015. It also provides details of the number of Garda assigned to the Division from 30 September 2014 to 28 February 2017, the latest date for which figures are readily available.
|
Year |
Personnel Strength |
Number of newly attested Garda |
|
2014 |
279 |
n/a |
|
2015 |
284 |
10 |
|
2016 |
296 |
10 |
|
2017 |
303 |
4 |
60. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to a study undertaken by the European Network Against Racism which noted there has been an increase in the number of race-related hate crimes here; if the reasons this has been occurring have been identified; her plans for initiatives and programmes to prevent future occurrences; and if she will make a statement on the matter. [15529/17]
Amharc ar fhreagraI am of course concerned about any level of racist incidents and particularly racist crime.
There are mechanisms in place to deal with hate crime. Where a criminal offence such as assault, criminal damage or a public order offence is committed against a person based on their race, religion, colour, ethnicity or some other ground, the offence is prosecuted through the wider criminal law. It is also accepted that such an offence is more serious on account of the hate or prejudice motivating the crime and Irish courts do consider evidence of a crime being motivated by hate or prejudice as an aggravating factor at sentencing.
The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis. Garda Ethnic Liaison Officers (ELOs) are appointed to work with minority communities at local level throughout the country. These officers, together with GRIDO, play a fundamental role in liaising with minority groups. They provide advice and assistance to victims of hate or racist crime as required.
In addition to the work of the Gardaí, the Office for the Promotion of Migrant Integration, an Office of my Department, is the focal point for the Government's commitment on anti-racism as a key aspect of integration, diversity management and broader national social policy.
A new Migrant Integration Strategy was published on 7 February. The Integration Strategy includes a number of actions to promote intercultural awareness and to combat racism and xenophobia. It includes an action to review the current legislation on racially motivated crime with a view to strengthening the law on hate crime.
An open Call for Proposals was held under the EU Asylum, Migration and Integration Fund in September to November 2016. Actions that combat racism are identified as a priority in Ireland's National Programme under the Fund. Some of the projects selected are focusing on actions to combat racism.
A call for applications for national funding to promote integration has also been held. Activities to combat racism and xenophobia will be funded through this mechanism.
61. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 33 of 16 February 2017, if the report is now to hand indicating the number of prosecutions in 2016 and to date in 2017 per District Court for disqualified drivers driving while disqualified; the number of disqualified drivers prosecuted for failing to submit a licence under section 29(16) and 29(17) of the Road Traffic Act 2010; and if she will make a statement on the matter. [15530/17]
Amharc ar fhreagraI refer to Parliamentary Question No. 33 for answer on Thursday, 16 February, 2017, in which you requested the number of prosecutions in 2016 and to date in 2017 per district court for disqualified drivers driving while disqualified; the number of disqualified drivers prosecuted for failing to submit a licence under section 29(16) and (17) of the Road Traffic Act 2010. 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.
I am now informed by the Garda authorities that the specific information you requested is not available in the format requested, in that it is not recorded in a manner to allow it be collated by Court District Area. However, the Garda authorities have provided the following table which shows the total number, recorded on PULSE, of proceedings commenced by An Garda Síochána in 2016 and 2017 (valid to 14 February 2017) for various offences whereby a person was found driving a vehicle, the driving of which was not authorised by a valid driving licence, which category includes persons driving while disqualified.
Total Number of Proceedings commenced by An Garda Síochána in 2016 and 2017 (as at 14.02.2017) for various offences whereby a person was found driving a vehicle, the driving of which is not authorised by a valid driving licence*
|
Offence |
2016 |
2017 |
|
Driving without driving licence. Section 38 of the Road Traffic Act, 1961 (as substituted by Section 12 of the Road Traffic Act, 2006). |
19,158 |
708 |
|
Fail To Surrender Driving Licence For Endorsement. Section 42 of the Road Traffic Act, 1961 and Section 102 of the Road Traffic Act, 1961 (as amended by Section 2 of the Road Traffic (Amendment) Act, 1984). |
7 |
0 |
|
Disqualified Driver Failing to Submit Licence. Section 29(16) & (17) of the Road Traffic Act 2010. |
6 |
0 |
|
Section 22 Road Traffic Act 2002, as amended by Section 63 Road Traffic Act 2010. (Production of a Driving Licence in Court). |
33 |
0 |
*Statistics provided are provisional, operational and liable to change and are valid to 14 February 2017.
63. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality if any of the Garda stations closed in counties Sligo and Leitrim in 2012 and 2013 are included in the six stations being examined for reopening under the pilot programme. [15769/17]
Amharc ar fhreagraThe Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to her, including in relation to Garda stations.
As the Deputy will be aware, the Garda Síochána District and Station Rationalisation Programme gave rise to the closure in 2012 and 2013 of some 139 Garda stations following the completion by An Garda Síochána of a comprehensive review of its district and station network. That review was undertaken with the objective of identifying opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. I have been advised by the Garda authorities that the closures have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion, particularly with regard to targeted police operations.
The Programme for Government commits the Government to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. A cornerstone of this commitment is the Government 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. Revisiting the decisions made to close Garda stations is also part of that commitment.
In this context, I have requested the Garda Commissioner, while fully cognisant of her statutory functions, 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. The pilot will feed into the wider review being undertaken 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.
I understand that work is continuing in An Garda Síochána to identify the 6 stations for inclusion in the pilot and that consultations have taken place with relevant stakeholders, including the Policing Authority. In this context, I am sure that the Deputy would agree that a comprehensive and evidenced-based analysis should be carried out, taking account of all the relevant factors, before a final decision is made in respect of the stations to be reopened by the Commissioner.
I expect to receive a report from the Commissioner by the end of May in connection with the exercise.
64. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality her plans to address the concerns and fears of those persons living in direct provision who are applying through the single procedure process. [15638/17]
Amharc ar fhreagraThe International Protection Act 2015 was commenced on 31 December 2016. The new single application procedure under the Act, will, in time, significantly accelerate the protection determination process and by extension will reduce the length of time which applicants spend in State provided accommodation.
The new system will ensure that all aspects of a person's claim (Asylum, Subsidiary protection and Humanitarian Leave to Remain) are considered together rather than sequentially as heretofore.
A comprehensive information process has been put in place by the Irish Naturalisation and Immigration Service and the new International Protection Office (IPO) to ensure that protection applicants and their legal representatives are aware of the provisions of the International Protection Act 2015. The transitional arrangements of the Act apply to certain applications for refugee status and subsidiary protection which were made before the commencement date (31 December, 2016) and were not finalised for processing by the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).
I am informed by the Chief International Protection Officer (CIPO) that, as is required by the 2015 Act, in late January/February 2017 the IPO, in addition to placing advertisements in the national media, wrote to approximately 3,000 applicants whose cases were not finalised by the ORAC or the RAT, to inform them of the commencement of the relevant provisions of the 2015 Act and how the transitional arrangements would affect their applications.
All applicants received the following documents with the mailshot:
- Information Note - Transitional Arrangements (IPO 12)
- Information Booklet for applicants for International Protection (IPO 1) and,
- Application for International Protection Questionnaire (IPO 2).
The relevant mailshot was sent on an incremental basis initially to both adult applicants in Direct Provision accommodation, and to those with private addresses, in English followed by material in 17 other languages. The questionnaire is now available in 19 languages, including English, as is the information booklet. On 30 January 2017, the IPO wrote to all legal representatives on record, providing comprehensive information on the new legislation. In addition, notices were circulated to Direct Provision centres in relation to the mailshot.
In order to ensure that applicants had sufficient time to familiarise themselves with this new system, there is no deadline, statutory or otherwise, set in any correspondence sent out by the IPO. I can inform the Deputy that the information sent to applicants in January/February 2017 made clear in paragraph 7.30 that the Application for International Protection Questionnaire (IPO 2) should be returned 'if possible, no later than 20 working days from the date of the covering letter'. The next paragraph 7.4 went on to state clearly that opportunities to add to the information supplied exist up to two weeks before the scheduled interview.
Flexibility is being provided by the International Protection Office, a call centre is available to answer any queries and if extra time is required for its completion, as the wisdom of accessing legal advice is stressed in the questionnaire, no impediment or disadvantage exists to prevent the careful filling out of the new single application form. I understand, so as to remove any false impressions that may be circulating that the 'if possible' time-frame is some sort of statutory deadline, that the IPO again wrote to the members of the Customer Liaison Panel to confirm the arrangements and that similar clarification has been provided on the IPO website.
Applicants have also been clearly advised, as referred to above, that should they or their legal advisors need to provide supplementary information to the International Protection Officer after they have submitted the questionnaire, they can also do so, up to two weeks prior to the date of their scheduled interview, if possible. This time-scale will facilitate the translation of documents if required and ensure that the IPO interviewer has all their papers available and considered in advance of the interview date.
65. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will address the concerns expressed by an organisation (details supplied) regarding the gaps in the Domestic Violence Bill. [15748/17]
Amharc ar fhreagraAs the Deputy will be aware the Domestic Violence Bill 2017 was published on 3 February and is currently proceeding through the Houses, with a view to enactment as soon as possible this year.
The Domestic Violence Bill will particularly improve the protections available to victims of domestic abuse, most critically for cohabitants and parents in crisis situations, by introducing a new emergency barring order which can last for up to 8 working days. The Bill also aims to make the court process easier for victims of domestic violence. A victim will have the right to be accompanied to court by a family member, friend or support worker. A victim will be able to give evidence by live television link. There will be restrictions on attendance at both civil and criminal court proceedings and protections for the victims anonymity.
I have received several submissions from various organisations in relation to the Bill, including from the organisation mentioned in the details supplied, which have all been given consideration. While it may not be possible to include all the recommendations in the final draft of the Bill several are under active consideration for inclusion by way of Ministerial amendment in the final draft of the legislation.
66. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the reason 47.1% or €3,933,413 of the €8,244,939 allocated to Ireland from the European fund for the integration of third country nationals in each of the years 2007 to 2015 was returned to the EU; and the reason for not accepting integration funding in view of her Department's contributions to the EU migrant and refugee fund. [10040/17]
Amharc ar fhreagraThe underspend referred to in the Question was for the whole period of the European Fund for the Integration of Third-Country Nationals 2007 to 2013 (but with the eligibility period ending on 30 June 2015), not for each year. This underspend was mainly due to an insufficiency of suitable projects with the required level of matching funding.
This Fund, together with the European Refugee Fund and the European Return Fund, was replaced by the Asylum, Migration and Integration Fund (AMIF) 2014 to 2020 (but with the eligibility period ending on 31 December 2022). The AMIF has four specific objectives relating to asylum (including resettlement), integration, return, and solidarity (relocation). Of the €19.519 million allocated to Ireland, €5.455 million is earmarked in our National Programme for integration. There is provision for switching allocations between specific objectives depending on where a greater need might arise and, therefore, I am confident that our national allocation will be spent by end 2022.
Ireland's National Programme for the Asylum, Migration and Integration Fund includes provision for supporting integration projects delivered by civil society organisations. Following an open call for proposals held in late 2016, 20 such projects have been selected and will begin implementation shortly. These projects will be carried out in various locations nationwide and will focus on providing practical integration assistance such as language and inter-cultural supports to Third Country Nationals resident here. A majority of these projects will run for three years.
67. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality if the current restrictions on visa applications for citizens from Libya can be justified in the case of a person (details supplied) who has been offered a position as a registrar in Galway hospital but is unable to take up the position due to these restrictions; and if she will make a statement on the matter. [15658/17]
Amharc ar fhreagraI have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to made a fresh visa application in the last few weeks to the Irish Embassy in Cairo stating that he is resident in Egypt but has not as yet submitted any supporting documentation. The Deputy can be assured that the application will be considered when the documentation is received and taking all relevant factors into account. The documentation should be sent to the Embassy as soon as possible.
More generally, the Deputy will know that the position in relation to current restrictions has been kept under review by INIS. Ultimately, an appropriate balance must be struck between State security and individual applicants who wish to come here. I have asked my officials to look again at the restrictions in place to consider if there may be some scope to extend the categories of applicants who may be considered for visa processing.
68. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she is satisfied that the Garda Commissioner will be able to fully commit to her role as head of policing and security services while a tribunal of inquiry is tasked with investigating certain allegations surrounding her conduct; and if she will make a statement on the matter. [15696/17]
Amharc ar fhreagraI am satisfied with the Garda Commissioner's ability to lead An Garda Síochána in the very important work they do.
As the Deputy will appreciate, the distribution of resources, including personnel, is an operational matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am informed by the Commissioner that appropriate arrangements have been put in place to ensure the requirements of the Tribunal are met fully.
I do not believe it is appropriate to question the good faith of anyone who will be appearing before the Tribunal. It appears to me that such questions ultimately relate to concerns as to the ability of the Tribunal to get at the truth. I, however, have complete confidence in the ability of the sole member to the Tribunal, Mr. Justice Charleton, to do exactly this.
69. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her plans to recategorise the equine industry for the purposes of commercial rates; and if she will make a statement on the matter. [15794/17]
Amharc ar fhreagra70. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the impact the increase in commercial rates will have on the equine industry; and if she will make a statement on the matter. [15795/17]
Amharc ar fhreagraI propose to take Questions Nos. 69 and 70 together.
The Valuation Acts 2001 to 2015 provide for the valuation of all commercial and industrial property for rating purposes. The Commissioner of Valuation is independent in the performance of his functions under the Acts and the making of valuations for rating is his sole responsibility. I, as Minister for Justice and Equality, have no role in decisions in this regard. Under Irish law there is a distinct separation of function between valuation of rateable property and setting and collection of commercial rates. The amount of rates payable in any calendar year is a product of the valuation set by the Commissioner, multiplied by the Annual Rate on Valuation (ARV) decided annually by the elected members of each local authority.
Having a modern valuation base is very important for the levying of commercial rates on a fair and equitable basis across all economic sectors. This has been the policy of successive governments and is the express purpose of the National Revaluation Programme now being rolled out by the Valuation Office. The Valuation Acts provide for revaluation of all rateable property within a rating authority area so as to reflect changes in value due to economic factors such as business turnover, differential movements in property values or other external factors and changes in the local business environment. The Valuation Office is currently engaged in a national revaluation programme, the immediate objective of which is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted across the country, as soon as possible, and on a phased basis. This is a welcome and positive development which is long overdue and on which considerable progress has been made to date.
Revaluation is an important instrument in addressing historical anomalies in relation to commercial rates for both urban and rural properties and between particular classes of property within a local authority area. The general outcome of revaluations conducted to date by the Valuation Office has been that about 60% of ratepayers have had their liability for rates reduced following revaluation and about 40% had an increase, a pattern which is expected to be replicated elsewhere as the programme advances. The current phase of the national revaluation programme, "REVAL 2017", covers revaluation of all rateable properties in counties Longford, Leitrim, Roscommon, Westmeath, Offaly, Kildare, Sligo, Carlow and Kilkenny where a revaluation is being undertaken for the first time since the nineteenth century. It also includes the second revaluation of South Dublin County Council area. Revaluation in these counties will be completed in September 2017 and become effective for rating purposes from 2018 onwards.
Where the Valuation Office proposes to enter a new valuation or amend an existing valuation on a Valuation List, there is an extensive process available to cater for ratepayers who may be dissatisfied with the proposed valuation. A dissatisfied person can make representations to the Valuation Office within 40 days of the date of issue of the proposed valuation certificate. The Valuation Office will consider any such representations and may or may not change the proposed valuation depending on the circumstances of each individual property. If any ratepayer is still dissatisfied with the final valuation to be placed on their property following consideration of the representations, they have a right to lodge a formal appeal with the Valuation Tribunal, which is an independent statutory body established for the purpose of hearing appeals against decisions of the Commissioner of Valuation.
Specifically in relation to property used in the equine industry, I am advised by the Valuation Office that there has been some apparent confusion as to the rateability of certain elements of the industry. The Valuation Act 2001 (Schedule 3, Sections 1(a) and (b)) provides that all buildings and lands used or developed for any purpose, are rateable. The basic premise under the Act is that all interests (including buildings) and all developed land are rateable unless expressly exempted under Schedule 4. I should point out that there has been no re-classification of properties from rateable status to exempt status (or vice-versa) within the general equine industry since the Valuation Act 2001 came into force on 2 May 2002.
The only element of the equine industry which satisfies the exemption provisions in Schedule 4 is the breeding of horses. Buildings used for breeding of horses are classified as being of agricultural use and are "farm buildings" as defined in the Act. Therefore these buildings are exempted from the payment of rates under paragraph 5 of Schedule 4. On the other hand, buildings used for the training of racehorses, recreational equestrian purposes or livery premises are rateable under the Act because they are considered to be part of a commercial enterprise. Such buildings would typically include stables for horses, covered riding arenas, tack rooms and ancillary buildings used to support the enterprise. While acknowledging the important contribution which all elements of the equine industry make to the economy, there are no plans to reclassify these as exempt from rates. To do so would be at variance with the provisions in the Valuation Acts which maintains the long-standing position that all property occupied and used for commercial enterprises are liable for rates. Exceptions to this key principle would quickly be followed by demands for similar treatment from the providers of other equally important services and products, which would be difficult in equity to resist. This could thus substantially reduce local authority revenues, which would have to be made good by imposing corresponding increases on the remaining ratepayers.
71. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the status of a visa application by a person (details supplied); and if she will make a statement on the matter. [15772/17]
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 is ongoing and will be submitted to me for decision as expeditiously as possible.
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 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.
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.
