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Tuesday, 4 Apr 2017

Written Answers Nos. 118-130

Road Traffic Offences Data

Ceisteanna (118)

John Lahart

Ceist:

118. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the step-by-step process and protocols involved from the moment the alcohol level in a driver's roadside breath test exceeds the legal limit. [16114/17]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities in relation to the process overview requested by the Deputy and I will contact the Deputy directly upon receipt of the Garda report.

Questions Nos. 119 to 121, inclusive, answered with Question No. 113.

Road Traffic Offences Data

Ceisteanna (122)

John Lahart

Ceist:

122. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the detail of the administrative error that occurred with regard to the posting of 14,700 fixed notice Garda fines to recipients for roadside breath tests that never took place. [16118/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, very serious issues have arisen in relation to the administration of road traffic law by An Garda Síochána; however, the wording of the Deputy's question indicates that the two road traffic matters that have been highlighted by An Garda Síochána have been inadvertently conflated by the Deputy. I have set out the details of both issues in response to the other questions asked by the Deputy today.

Questions Nos. 123 to 125, inclusive, answered with Question No. 113.

Drugs Seizures

Ceisteanna (126)

Pearse Doherty

Ceist:

126. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 112 of 23 February 2017, when she will receive and share the report; and if she will make a statement on the matter. [16155/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that it has not been possible to provide the data sought in the time available for reply.

However, I have requested the Garda authorities to provide the requested information and I will write to the Deputy again when the report is available.

Garda Data

Ceisteanna (127)

Jim O'Callaghan

Ceist:

127. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of deputy and assistant commissioners there are in An Garda Síochána; and if she will make a statement on the matter. [16170/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Commissioner that as of today the ranks of Deputy Commissioner and Assistant Commissioner within An Garda Síochána have their full complement within the agreed strength of the applicable Employment Control Frameworks of two and eight respectively. In addition, of course, the senior management team within An Garda Síochána includes the Chief Administrative Officer who is equivalent to the rank of Deputy Commissioner, and three Executive Directors with responsibility for the HR, ICT and finance directorates, and who are equivalent to the rank of Assistant Commissioner.

As the Deputy will be aware the Policing Authority assumed responsibility for appointments to the senior ranks of Superintendent, Chief Superintendent and Assistant Garda Commissioner with the commencement of the remaining provisions of the Garda Síochána (Policing Services and Miscellaneous Provisions) Act 2015 and related Regulations on 1 January 2017.

The first competition to be carried out by the Policing Authority, for appointment to the rank of Assistant Garda Commissioner, has recently concluded and the Authority established a panel of five candidates based on the order of merit determined by the selection board. The person placed first on the panel was appointed at the meeting of the Authority on 23 March 2017. A selection competition for appointment to the rank of chief superintendent is in train.

Clearly, this is a new beginning as it represents the first time that there has been an appointment to the senior ranks of An Garda Síochána by a statutorily independent body. It was also the first time that appointment to the rank of Assistant Commissioner was open to the ranks of Inspector and Superintendent in addition to Chief Superintendent in both the Garda Síochána and the Police Service of Northern Ireland.

Courts Service Data

Ceisteanna (128)

Jim O'Callaghan

Ceist:

128. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the total value of court fines imposed from 2011 to 2016; and the amount of same which remains unpaid for each year. [16182/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that I have had enquiries made and the Courts Service has provided the statistics set out below in relation to the total value of court fines imposed and the amount of same remaining uncollected as recorded on the Courts Service Criminal Case Tracking System (CCTS).

Months

No of Fines Imposed

Value of Fines Imposed

No of Fines Due

Value of Fines Due

Jan – Dec 2011

89,994

€29,706,490.14

20,868

€7,523,459.10

Jan – Dec 2012

79,416

€25,437,020.73

17,638

€6,296,028.14

Jan – Dec 2013

71,637

€21,755,684.19

12,162

€3,907,178.55

Jan – Dec 2014

76,217

€23,310,326.66

14,614

€5,151,912.29

Jan – Dec 2015

73,597

€23,387,483.93

23,433

€9,055,961.25

Jan – Dec 2016

71,175

€23,200,857.91

46,591

€16,520,474.57

Total

462,036

€146,797,863.56

196,909

€48,455,013.90

The treatment of these fines falls into two categories: fines which were imposed prior to the commencement of the Fines (Payment and Recovery) Act 2014 in January 2016; and fines imposed thereafter.

In relation to fines imposed prior to the commencement of the Act, the following is the position: warrants for the enforcement of fines imposed in 2013 and 2014 have been issued to An Garda Síochána. The issue of fines warrants for unpaid fines, in respect of fines imposed in 2015, commenced from mid-2015 and continued on a monthly basis as fines became due for payment. Where a warrant for the enforcement of fines due is issued to An Garda Síochána, the fine may be collected and paid to the Courts Service. In some instances the fined person may have been lodged in prison in default of payment of fine or the fines warrant may have been cancelled following an application to the court.

In relation to persons lodged in prison in default of payment of fines, the Prison Service provides on a monthly basis details of the fines in respect of which fined persons have been lodged in prison in default of payment. The details are updated to the CCTS. Currently in excess of 15,000 warrants with a total value of over €5 million await update to the CCTS.

In relation to fines imposed in 2016, the vast majority of these fall for enforcement under the Fines (Payment and Recovery) Act 2014. The Courts Service has undertaken an extensive ICT development programme to enhance the CCTS to provide for the payment of fines by instalment and additionally to provide for the enforcement provisions provided for in the Act and the Courts Service is now in a position to commence issuing notices to fined persons to attend Court for imposition of appropriate sanctions in default of payment.

Residency Permits

Ceisteanna (129)

James Lawless

Ceist:

129. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the status of a visa application for a person (details supplied); and the timeframe for the processing of this application. [16222/17]

Amharc ar fhreagra

Freagraí scríofa

As previously notified in my response to you in Parliamentary Question 2597/17 on 24 January 2017, the person concerned had permission to remain in the State under the Irish Third Level Graduate Scheme up until 30 August 2016.

I have been informed that they subsequently made a separate application, in 2016, for permission to remain in the State. This application does not fall under the Irish Third Level Graduate Scheme. I understand that the application is under consideration and the Irish Naturalisation and Immigration Service (INIS) will be in contact in due course.

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 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.

Refugee Status Applications

Ceisteanna (130)

Robert Troy

Ceist:

130. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the criteria that are used for selecting refugees; the way in which persons are prioritised; and when the resettlement programme will begin in Mullingar. [16240/17]

Amharc ar fhreagra

Freagraí scríofa

In respect of Ireland's resettlement programme, refugees are identified and proposed to Ireland by the UNHCR. They must meet the criteria set out in Article 1F of the 1951 Convention relating to the Status of Refugees (“the Geneva Convention”) and be deemed eligible for resettlement by the UNHCR. Refugees are interviewed by the resettlement team in the Office for the Promotion of Migrant Integration in my Department to establish that Ireland can meet their particular needs, including medical needs. They are also interviewed by members of An Garda Síochána and their fingerprints are checked against international databases for security reasons.

Resettlement to Mullingar is planned to take place before the summer but precise dates have not yet been finalised.

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