Written Answers Nos. 123-139
123. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 126 of 11 April 2017, if children born through surrogacy have their constitutional rights to have their well being and best interests promoted, as stipulated in Article 42A, violated by the absence of parental leave; her views on a recent case in Spain (details supplied); and if she will make a statement on the matter. [19487/17]
Amharc ar fhreagraI am unable to offer an interpretation of the Constitution by way of reply to a Parliamentary Question, and it would not be appropriate of me to comment on judicial decisions in another jurisdiction.
What I can do is reiterate my reply to Parliamentary Question 126 of 11 April 2017, in which I made the point that surrogacy is not currently recognised under Irish legislation, and that my colleague, the Minister for Health, is currently preparing legislative proposals on assisted human reproduction and associated issues, that will include provisions relating to surrogacy. It is envisaged that the General Scheme of a Bill will be completed by the end of June 2017 and it is intended that it will be submitted to the Joint Oireachtas Committee on Health for pre-legislative scrutiny once approved by Government. Once the substantive issue of surrogacy has been provided for in law, the consequential issue of statutory maternity and paternity leave for parents of children born by surrogacy can also be addressed.
124. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the six-month delay in the processing of join-family visa applications; the reason for the delay in the processing of these applications; the plans in place to reduce the processing time of such applications; when these plans are likely to take effect; and if she will make a statement on the matter. [19499/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the current processing times for 'Join Family' visa applications by the Visa Office in Dublin is a little over 6 months. Applications processed in the seven Visa Offices abroad generally have a shorter processing time.
The Policy Document on Family Reunification published in December, 2013 contains a stated business target that visa applications to join Irish citizens should be dealt with within six months of receipt of application. However, it should be noted that this is a business target and does not constitute a legal obligation. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
While the Visa Office endeavours to have applications of this nature processed as quickly as possible, processing times for visas can vary based on a number of factors such as the number of applications, individual circumstances, the complexity of applications, whether further information or investigation is required, and the resources available. Any delays in achieving the business target are primarily related to the processing of more complex cases where the provision of additional documentation is requested or where detailed assessments of family rights under the Constitution and the European Convention on Human Rights are required.
The central concern, as with all visa services worldwide, in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who meet the criteria. Each visa application is decided on its own merits taking all relevant factors into account.
125. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the status of reports and complaints made to her Department by a person (details supplied); if the reports and complaints were ever investigated and, if so, the outcome; if the same reports were investigated by the Department of the Taoiseach before being sent from that Department to her Department; if the person was ever interviewed by officials from her Department; and if she will make a statement on the matter. [19500/17]
Amharc ar fhreagraAs I have previously advised the Deputy my Department has been in correspondence with the person concerned. The position of my Department has been extensively outlined in this correspondence and the person concerned has been informed that no further action can be taken in this case. However, if the person concerned wishes to submit additional, pertinent information, which they have not previously supplied, then my Department will examine this further.
I am informed by the Department of the Taoiseach that it did not investigate the reports before sending them to my Department.
126. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality if the wards of court and their representatives will be given a comprehensive report on a regular basis on the way their funds are managed; the balance in each account; the way the funds were spent and administered; if she has received complaints from the representatives of the wards of court in relation to the absence of transparency and accountability in the current system; and if she will make a statement on the matter. [19501/17]
Amharc ar fhreagraAs the Deputy may be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
The Deputy will also be aware that when a person is taken into Wardship, the President of the High Court appoints a committee (usually one person, in most cases, a family member) to deal with the ward's property. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that currently individual statements in regard to funds held in court on behalf of wards of court are provided on request to the respective committees of the wards of court. The Wards of Court office is working to enable statements to be provided automatically to the committees of wards of court which it hopes to be able to commence during the third quarter of 2017. These statements will be high level reports on the funds in court and their performance and, if more detailed reports are required, they can be made available on request.
The Courts Service has also informed me that the Wards of Court office has not received any complaints about the absence of transparency and accountability in the current system on the statements that are issued following requests, but the office has received a small number of complaints about the inability to generate automated statements to committees. Additionally, the office has received representations from relatives of wards who are not committees of a ward seeking statements, but such requests cannot be granted as this would be a breach of confidentiality.
My Department has received complaints from the representatives of wards of court in relation to a variety of issues in the current system and these are addressed on a case by case basis by the Courts Service.
127. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the number of protected disclosures received by her from serving and retired members of An Garda Síochána; the process applied to each one; if investigations have been completed in any of the cases; the dates on which each one was submitted to her or her Department; and if she will make a statement on the matter. [19502/17]
Amharc ar fhreagraAs the Deputy is aware, the Protected Disclosures Act came into effect on 15 July 2014, and in relation to members of An Garda Síochána replaced the previous system of making disclosures to a Confidential Recipient. The Act was part of the then Government's comprehensive approach to enhancing the protections available to whistleblowers, including members of the Garda Síochána.
Under the Act, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure to GSOC, which is a statutorily independent body, for investigation. Where a protected disclosure is made to GSOC, the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure.
The legislation allows that an individual employed by a public body may also make a Protected Disclosure to the Minister with responsibility for that body. It is the case that in a number of instances I have received such disclosures. It is important to note that in some cases the individuals concerned have indicated that they have already been in contact with the Garda Síochána and/or GSOC regarding the same matters.
Since the Act came into effect I have received 8 complaints in which the Protected Disclosures Act has been cited. These are from individuals who either are, or were, employees/members of the Garda Síochána. Of these, 6 were members or retired members and 2 were civilian or former civilian employees. 1 complaint was made in 2015, 3 in 2016 and 4 in 2017.
It is important to recognise the very significant fact that a member of the Gardaí or a civilian employee of An Garda Síochána who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.
The process that applies in my Office to any such correspondence is as follows.
Firstly, the correspondence is assessed to determine whether it constitutes a Protected Disclosure under the Act. Secondly, consideration is given to what action is required. The individual is then informed of what action I propose to take. All reasonable efforts are taken to keep the identity of the individual concerned confidential.
Actions taken can include seeking a Garda report from the Garda Commissioner (having first confirmed that the individual is agreeable to that course of action), referring matters to GSOC under powers available to me as Minister under the Garda Síochána Act 2005, referring matters to an external body or person for review, etc. As the Deputy is aware two such Disclosures received in 2016 were reviewed by Mr Justice O’Neill and a Tribunal of Inquiry has been established under Mr Justice Charleton.
In addition to the cases referred to above there have been a small number of other cases which did not specifically cite the Act, but might be inferred to have been Protected Disclosures. These have been dealt with in the same way.
128. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will review the case of a person (details supplied); and if she will make a statement on the matter. [19511/17]
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 24 March 2017. The decision was communicated to the applicant who was advised that an appeal could be submitted within two months. No appeal has been received as of yet.
I am further advised that the application was refused on the grounds of the sponsor not providing sufficient evidence to meet the financial criteria set out in paragraph 17.2 of the Policy Document on Non-EEA Family Reunification. This was explained in the decision issued to the applicant who should fully address the reasons for refusal in any appeal.
The Policy Document on Non-EEA Family Reunification and full details on the documentation required for a “Join Family” Visa are available on the INIS website at www.inis.gov.ie/en/INIS/Pages/Join%20Family.
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 the INIS Visa Office (visamail@justice.ie).
129. Deputy Tom Neville asked the Tánaiste and Minister for Justice and Equality the status of the plans to upgrade Newcastlewest Garda station. [19512/17]
Amharc ar fhreagraAs the Deputy will be aware, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW) which has the responsibility for the provision and maintenance of Garda accommodation.
The Garda Síochána Building and Refurbishment Programme 2016-2021, which I announced with the Minister of State at the Office of Public Works on 21 October 2015, includes provision for a major refurbishment of Newcastle West Garda Station.
I understand from the Garda authorities that, following an assessment of a Planning Feasibility Study to give effect to the Garda brief of requirements, the OPW is in the process of appointing a design team to progress the project.
130. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if the assessment of evidence has begun by an independent person in respect of the recent Dáil Éireann motion on the Stardust tragedy of 1981; if there is a timeframe as to when this will conclude; and if she will make a statement on the matter. [19518/17]
Amharc ar fhreagra159. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality the status of the review of evidence in the case of the Stardust tragedy; when a report on the matter is expected; and if she will make a statement on the matter. [19996/17]
Amharc ar fhreagraI propose to take Questions Nos. 130 and 159 together.
The Deputy will be aware that the Government agreed to appoint Judge McCartan to assess any new and updated evidence uncovered by the Stardust Relatives and Victims Committee in order to recommend whether a Commission of Investigation should be established into the Stardust Tragedy of 1981. Judge McCartan was appointed on 7 March 2017 and officially commenced his new role on 27 March. The assessment process will be conducted completely independently of Government, and it is hoped that Judge McCartan can conclude his assessment process within 90 days. The scope of the assessment process is outlined in the Dáil Motion of 26 January 2017.
Judge McCartan will be assisted by a Junior Counsel. He will have discretion to afford the Stardust Relatives and Victims Committee whatever representation he believes is necessary in order for the Committee to present its evidence to the assessment process.
To facilitate the assessment process, office accommodation and meeting facilities have been obtained by the Department of Justice and Equality at the following address: Tom Johnson House (Beggars Bush), Haddington Road, Dublin 4. An email address has been provided to Judge McCartan and forwarded to the Stardust Relatives and Victims Committee for the purposes of facilitating contact between Judge McCartan and the Committee. However, the Committee has decided not to engage with the Judge to date.
In parallel with the assessment process, my Department has met and corresponded with the Committee and its advisors on a number of occasions in relation to historical monies that the Committee claims are owed to it. The Committee believes that the Exchequer should be liable for payment of those monies and has declined to engage with the proposed Judge McCartan process until the historical fees issue is resolved to its satisfaction.
Discussions to date have not led to a resolution on this issue; however, my Department remains open to continuing to correspond and meet with the Committee to try to resolve the issue. It is my Department's intention that these discussions remain separate from the proposed Judge McCartan process.
131. Deputy John Brassil asked the Tánaiste and Minister for Justice and Equality if additional gardaí will be provided to the Killarney Garda area; if Barrduff Garda station will be provided with more garda hours in order to be opened and operational on a regular basis; and if she will make a statement on the matter. [19531/17]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I have been advised by the Commissioner that as of the 31 March 2017 there were 307 Garda assigned to the Kerry Garda Division of which 105 were assigned to the Killarney District. There were also 7 Garda Reserves and 7 civilians attached to the Killarney District. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Garda National Drugs and 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. In 2017, 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 981 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 16 of which were assigned to the Kerry Division. I am also informed that another 600 trainee gardaí 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 - an increase of 500 since the end of 2016.
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 the organisation.
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 benefit all areas of Garda activity.
132. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of women in each of the years 2011 to 2016 who, upon receiving a custodial sentence and going to prison, have had entered on their medical record that due to pregnancy they require antenatal care; if there is an existing recording system for such data; and if she will set out a proposed timetable to remedy this. [19533/17]
Amharc ar fhreagra133. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of pregnant women in prison nationally that required an escort from prison to the local maternity hospital in order to receive appropriate antenatal care in each of the years 2011 to 2016; and if no records are kept of these escorted antenatal visits, the reason for this lack of record keeping and her plans to address it. [19534/17]
Amharc ar fhreagraI propose to take Questions Nos. 132 and 133 together.
It is the policy of the Irish Prison Service that prisoners be provided with healthcare services which are equivalent to those made available to citizens in the general community, including maternity care services.
The Irish Prison Service has advised that the delivery of healthcare services to all persons in custody is on an individual patient basis. In that context, the Irish Prison Service healthcare teams record all relevant medical information in relation to individual patients on the Prisoner Healthcare Management System.
The Irish Prison Service has confirmed that it uses Prisoner Healthcare Management System to record all medical information in regard to the ante-natal care that is provided to women in custody.
However, the Irish Prison Service has also confirmed that it does not record data in the format requested on the aggregate number of pregnant women requiring an escort from prison to the local maternity hospital in order to receive antenatal care owing to the requirement that it maintain the confidentiality of the medical records of the persons in its custody.
134. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Justice and Equality if she will provide a commencement date for the refurbishments to Wicklow courthouse; and if she will make a statement on the matter. [19537/17]
Amharc ar fhreagraAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.
The Courts Public Private Partnership Bundle consists of seven projects in various locations nationwide - Cork, Drogheda, Letterkenny, Limerick, Mullingar, Waterford and Wexford, where new or refurbished courthouse accommodation will be provided in 2017.
Following completion of this major programme of work, Wicklow will be one of 5 provincial city/county town venues still requiring new or upgraded courthouse accommodation and collectively these city/county town venues will be the next priority for investment in courthouse facilities outside of the capital. The Courts Service has advised that a site adjacent to Wicklow courthouse has been acquired with the objective of refurbishing and extending the existing building but there are no immediate plans to undertake this refurbishment work.
135. Deputy Stephen S. Donnelly asked the Tánaiste and Minister for Justice and Equality the rationale underpinning the allocation of funding to the refurbishment of courts under the Action Plan for Rural Development; the scoring system used; the results of this scoring system; and if she will make a statement on the matter. [19538/17]
Amharc ar fhreagraAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that their objective is to provide appropriate courthouse accommodation at all provincial city and county town locations. Many courthouses have been improved since the establishment of the Courts Service but in a number of locations work remains to be done. In some cases this involves building a new courthouse, in other cases it involves refurbishing and extending the existing courthouse. In all cases it is dependant both on the availability of funding and on the Courts Service's ability to acquire a suitable site on which a new or extended courthouse can be built. The site acquisition is often a lengthy and complex process as suitable sites are generally not readily available at the required location or at a price that provides value for money.
Action No. 102 of the Action Plan for Rural Development provides for the construction or redevelopment of seven regional courthouses - with four new courthouses being built in Drogheda, Letterkenny, Limerick and Wexford and substantial refurbishment and extension of existing courthouses in Cork, Mullingar and Waterford. Funding was made available for the Justice sector under the Government's 2012 Capital Investment Programme. The Deputy will recall that I announced the signing of the PPP contract for the seven courthouses in December 2015. The Courts Service has advised that the selection methodology used by the Courts Service Building Committee was such that priority was given to provincial city and county town locations where investment in courthouse facilities was urgently required and where the Courts Service was in a position to commence work at short notice due to the availability of suitable sites. The Courts Service has further advised that work is progressing well at the seven courthouse sites and all projects will be completed by the end of 2017.
136. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Justice and Equality the number of thefts recorded in 2016; the number recorded per station; the number that were solved, in tabular form; and if she will make a statement on the matter. [19562/17]
Amharc ar fhreagraThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. To be of assistance, I have asked the CSO to forward the available statistics in relation to the matters referred to directly to the Deputy.
137. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 133 of 7 March 2017, when details will be published and applications sought in respect of the provision of financial assistance for CCTV systems; and if she will make a statement on the matter. [19569/17]
Amharc ar fhreagraI am pleased to inform the Deputy that, on 13 April 2017, I launched the new grant aid scheme to assist community-based groups in the establishment of community-based CCTV systems in their local areas.
Under the scheme, which will be administered by my Department, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000. Upon approval of the grant, the applicant will receive an up-front payment of 50% of the grant with the balance to be paid when the system is fully operational. There is no closing date for receipt of applications.
Full details of the grant aid package including guidelines, application forms, code of practice and other relevant documentation are all available to download from my Department's website - www.justice.ie.
138. Deputy Donnchadh Ó Laoghaire asked the Tánaiste and Minister for Justice and Equality the names of the new companies that have taken on contracts for direct provision centres in the past 24 months; and the names of the companies which they have taken over these contracts from. [19584/17]
Amharc ar fhreagraSince 1 May 2015, one company, Sidetracks Ltd., T/A Great Western House has taken over the contract at that centre which was previously held by Shaun Hennelly who traded as a sole trader at that centre up to that time.
The Deputy will be aware that in late 2016 following an EU wide competition organised by the Office of Government Procurement, two companies were awarded contracts for the management and operation of the State owned centres. The companies in question were Aramark Ltd and Onsite Facilities Management Ltd. The contract awarded to Aramark covered the centres in Athlone, Kinsale Road and Knockalisheen. The contract awarded to Onsite Facilities Management Ltd covered the centres in Killarney and Tralee.
139. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the reason for the delay in the Garda vetting process for a person (details supplied); and if she will make a statement on the matter. [19589/17]
Amharc ar fhreagraI am advised by the Garda authorities that vetting applications for the person referred to by the Deputy were received by the Garda National Vetting Bureau on 2 November 2016 and 16 February 2017. On processing the applications the Vetting Bureau established that it was necessary to conduct further enquiries. In any given vetting application additional enquiries may be necessary for many reasons such as the verification of identity, updating of incomplete records and establishing outcomes of investigations or court processes. In such cases the processing time for applications can be significantly longer than the general average and may depend on factors outside the control of the Garda authorities, notably the receipt of information from outside sources. The vetting applications will be returned to the respective liaison persons in the registered organisations concerned upon completion.
