Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 2 May 2017

Written Answers Nos. 140-158

Garda Operations

Ceisteanna (140)

Michael Healy-Rae

Ceist:

140. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality if DNA swabs for roadside drug testing which return negative are destroyed; if a record is kept of negative results; if the destruction of samples is supervised; if the destruction of samples will be transparent; and if she will make a statement on the matter. [19609/17]

Amharc ar fhreagra

Freagraí scríofa

I have requested a Garda report on the matter referred to in the Deputy's question and will contact the Deputy directly on receipt of a Garda report.

Departmental Meetings

Ceisteanna (141)

Alan Kelly

Ceist:

141. Deputy Alan Kelly asked the Tánaiste and Minister for Justice and Equality the number of meetings her officials have had both internally and externally in relation to the financial management of Templemore training college, in tabular form. [19634/17]

Amharc ar fhreagra

Freagraí scríofa

I assume the Deputy is referring to meetings held in relation to the issues that are the subject of the Interim Audit Report on Financial Procedures in the Garda College in Templemore, which was published in March 2017.

It is important to say that the Garda Commissioner is the Accounting Officer for the Garda Vote and that expenditure in relation to the Garda College and the financial procedures operated at the College are primarily the responsibility of the Commissioner.

My Department met with Garda management in November 2015 to discuss issues that had come to its attention in relation to the College. Following this meeting, a steering group was established, which met on three occasions between December 2015 and September 2016, when the draft interim audit report was finalised. The Group has since been reconstituted to oversee the implementation of the recommendations in the final Audit Report and has met on 7 occasions since January 2017.

My Department has also attended two meetings with the Chief State Solicitor's Office and one with the Office of Public Works between November 2016 and April 2017.

Departmental Correspondence

Ceisteanna (142)

John McGuinness

Ceist:

142. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality the status of correspondence from a person (details supplied); if the concerns raised have been dealt with; and if she will make a statement on the matter. [19670/17]

Amharc ar fhreagra

Freagraí scríofa

A reply to the correspondence referred to by the Deputy will issue to the person concerned shortly.

Immigration Status

Ceisteanna (143)

Michael Healy-Rae

Ceist:

143. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of a visa renewal for a person (details supplied); and if she will make a statement on the matter. [19672/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused an application for a residence card, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015. I understand that INIS wrote to the person on 28 April, 2017 setting out the basis for the decision.

In line with the relevant legislation, where an applicant considers that the deciding officer has erred in fact or law in making the decision to refuse an application for a residence card, it is open to the person concerned to request a review of the decision. Requests for review must be made in writing on the prescribed Form EU4 within 15 working days of receipt of the decision. Further information in relation to the review process, including the application form, is available on the INIS website www.inis.gov.ie.

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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Question No. 144 answered with Question No. 101.

Garda Reserve

Ceisteanna (145)

John Brassil

Ceist:

145. Deputy John Brassil asked the Tánaiste and Minister for Justice and Equality if she will allow entry into the Garda Reserve to persons that had an exemption from languages in school; if this exemption will be allowed to stand and application to the Garda Reserve processed without meeting the two language criteria as outlined as part of the qualifying requirements for applications; and if she will make a statement on the matter. [19713/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the recruitment and training of the Garda Reserve is a matter for the Garda Commissioner, and I as Minister have no direct role in the matter.

The Garda Reserve was established in accordance with the Garda Síochána Act 2005 to enhance the links between An Garda Síochána and local communities and consists of voluntary unpaid members, drawn from the community, to support the work of An Garda Síochána. The Reserve perform policing duties as determined by the Garda Commissioner, while accompanied by full time Gardaí. Their role is to provide local patrols and participate in crime prevention initiatives targeted at specific local problem areas. Reserve members are also involved in policing major incidents and events, and in providing other operational support to full time Gardaí. In recent years the Garda Commissioner has conferred further powers on reserve members under the Criminal Justice (Public Order) Act 1994 and the Road Traffic Act 1961 and has also decided that they should carry out more duties including the serving of summonses, and the issuing of Fixed Charge Penalty Notices where offences are detected.

Admission to the Garda Reserve is governed by the Garda Síochána (Reserve Members) Regulations 2006. These Regulations provide that all applicants for admission to the Reserve must have a proven proficiency in two languages; one of which must be Irish or English.

I am acutely aware of the need to recruit candidates with the appropriate qualifications to the Garda Reserve, and I am committed to ensuring that best practice is followed with regard to any such recruitment. In this context there is an ongoing review of the Regulations for admission to the Reserve. As part of this review consideration will be given to the requirement to have proficiency in two languages to be admitted to the Reserve.

Refugee Resettlement Programme

Ceisteanna (146)

Clare Daly

Ceist:

146. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the specific outcomes and deliverables achieved by a charity (details supplied) since it was asked to co-ordinate public pledges of support under the Irish refugee protection programme; and the funding which has been provided to date to the charity for this purpose. [19779/17]

Amharc ar fhreagra

Freagraí scríofa

In Autumn 2015, the Irish Red Cross, on foot of a Government decision, was tasked by the Department of Justice and Equality with managing voluntary pledges of accommodation, goods and services from the Irish Public in the effort to house migrants under the Irish Refugee Protection Programme (IRPP). A Register requesting public pledges went live on the Irish Red Cross website (www.redcross.ie) in late September 2015 to collate offers of housing from the public.

As the Deputy is aware, due to operational difficulties in Italy and Greece, the relocation programme was slow to commence all over the EU and significant numbers of asylum seekers did not begin to arrive in Ireland until late 2016. Persons in the relocation programme must then have their application for asylum determined which takes around 12 weeks. It has therefore only been in the last number of months that the numbers of refugees emerging from the relocation programme and available for settlement in communities around Ireland has reached significant numbers. This number currently stands are 198 and is rapidly increasing. Most of these refugees will receive accommodation in communities around Ireland through the long established resettlement model run in cooperation with the local authority and funded by my Department. This model provides for a range of local supports including the appointment by the local authority of a resettlement worker/s. However, other refugees will also be offered pledged accommodation and services through the Irish Red Cross with the intention of assisting them to move more speedily out of Emergency Reception and Orientation Centres (EROCs) into local communities.

The first relocation group arrived in Ireland in January 2016. Over the last 12 months the Department of Justice and Equality has been working closely with the Irish Red Cross and during this time the Irish Red Cross has been engaged in a programme of planning and coordination, learning valuable lessons from previous resettlement projects, through engagement with institutions, community groups and Red Cross Movement Partners implementing similar projects in the EU.

The Irish Red Cross as part of the International Red Cross and Red Crescent Movement has played an integral role providing a range of vital and lifesaving supports to millions of migrants along the migration trail from Syria, the Middle East and across Europe. The emblem of the Red Cross is a familiar and trusted sign of humanity and impartiality to many migrants entering Ireland. Almost without exception those who arrive in Ireland under the relocation programme will have encountered members of the Red Cross/Red Crescent movement on their journey to Ireland. The role of the Irish Red Cross in providing support at the point of entry in Ireland, supporting resettlement, family tracing, day to day supports at local levels is fundamental to the success of welcoming and creating a sustainable and stable living environment for those seeking refuge.

The Irish Red Cross received just over 700 pledges of accommodation across 27 counties in Ireland. Of this figure, the Irish Red Cross currently have 360 active shared accommodation offers, 120 active vacant stand-alone premises and 220 premises that are on hold, either not currently available or not meeting criteria.

The Irish Red Cross is researching formal processes to secure housing and are engaged in a rigorous housing assessments focusing on 120 vacant stand-alone pledges as part of Phase 1. Individual property inspections have assessed the suitability and appropriateness of these premises against a number of safety and situational criteria. Once a property is approved as suitable for housing, the Irish Red Cross are facilitating regulatory agreements with property owners and fitting out the properties to a minimum required standard.

The Irish Red Cross has been working closely with the IRPP and those who have received refugee status to understand the specific needs and requirements of families and individuals. With this in mind, placing refugees in any accommodation must take into account a range of personal and social requirements to support connectedness with Irish societal systems for both refugees and local communities and to respect the wishes and cultural aspirations of refugees. One of the significant challengers in terms of programme design is ensuring that the level of support available to those placed in pledged accommodation is broadly similar to that which pertains under the standard resettlement model. In addition, many offers of pledged accommodation are time limited which means that refugees will need to move from their pledged accommodation at some point and be placed in alternative accommodation within the community. This will require careful management to ensure that the ongoing needs of the refugees are met. Currently there are a number of families and individuals who have gained refugee status and of this number the Irish Red Cross are currently placing over 30 clients in pledged accommodation in May and have already placed three families in new homes. The Irish Red Cross are continuing the wrapping around of social supports linking with official Ireland and encouraging participation and engagement with local communities.

The Irish Red Cross has been working with the IRPP in the rigorous development of the ‘migration programme’ which has multidimensional outputs by managing the following activities:

- Providing in-kind supports to Syrian families at the air side point of entry working alongside the IRPP and the International Organisation for Migration. To date, the Irish Red Cross has provided supports to over 382 people arriving on flights into Ireland.

- Providing support to migrants to secure medium to long term accommodation in Ireland under the pledged system and/or private rental market.

- Facilitating and connecting refugees with necessary social supports and services in Ireland and at community level. (Education, Health, Social Welfare, Employment, English Language Support).

- Scaling up the Red Cross volunteer network at county level to support community integration activities; the Irish Red Cross is currently recruiting over 300 volunteers nationwide to support community level integration over the next 24 months and beyond.

- Developing and carrying out training on cultural awareness issues and psycho-social supports.

- Contributing as a member of Irish Refugee Protection Programme Task force - a cross-departmental and inter-agency Taskforce.

- Supporting Family Reunification Travel Assistance and Restoring Family Links for 315 cases in 2015 and 257 cases in 2016.

- Scaling up activities in preparation including holding informative regional meetings with its members, pledgers and local NGOs.

- IRC is also engaging in dialogue with local authorities and department of housing discussing the possibilities of utilising Housing Assistance Programme (HAP).

I also understand that the Irish Red Cross is developing a Customer Relationship Management Service which supports the ability to collate all data on pledges and casework in a central location, protecting personal data. The CRM system also supports accurate reporting enabling the service user, the Irish Red Cross and the IRPP to identify clear and concise outputs and indicators.

In 2015/2016 the Irish Red Cross received a total of €180,345 from my Department. This year the amount made available will increase in order to scale up the placement of clients in pledged accommodation together with supporting services. I anticipate that the amount made available for these purposes over the course of 2017 will be approximately €500,000. The purpose of the increased sum is to ensure the placement of larger numbers of refugees in pledged accommodation around the State in order to supplement the existing model of resettlement. It is my intention that this model will be reviewed over the coming twelve months to see how the lessons learned can be applied more broadly, both operationally and in terms of future policy development.

Refugee Resettlement Programme

Ceisteanna (147)

Clare Daly

Ceist:

147. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if, in view of the supports provided to programme refugees resettled here, any comparable model of support is offered to persons granted permission to remain here following relocation from Greece or Italy; and if so, the detail of those supports. [19780/17]

Amharc ar fhreagra

Freagraí scríofa

The Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State by the end of 2017; 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and 1,040 (519 by the end of 2016 and the remainder in 2017) under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon.

As the Deputy is aware, the Irish Refugee Protection Programme (IRPP) covers two distinct cohorts - relocation cases from Greece and Italy and resettlement cases from Lebanon - the Deputy's question refers in particular to the former, those arriving from Greece and Italy as relocated asylum seekers.

The comprehensive reply to Parliamentary Question No. 96 of 21 February 2017 sets out in detail the nature of the integration programmes available to refugees arriving under the resettlement strand of the IRPP. In relation to the relocation strand of the IRPP, I can inform the Deputy that the integration programmes available to the relocated asylum seekers arriving here will be broadly the same as those for programme refugees, but there may be some small differences arising from the different nature and initial entitlements of this cohort.

As set out in the reply to Parliamentary Question No. 96 of 21 February 2017, work in relation to the arrival of UNHCR programme refugees begins about 9 months in advance of resettlement. With the relocation cohort this period of advance planning is not available because of the circumstances of the relocation group and the process set out in the relocation instruments. Instead the IRPP has about 3 months to plan for the arrival of relocated asylum seekers. When this cohort arrive they do not, as asylum seekers, possess the same rights and entitlements as refugees.

Nonetheless, the IRPP endeavours to the greatest extent possible to treat families and individuals arriving under the relocation programme in a broadly equivalent manner so as to commence the integration process in the quickest possible time scale. The IRPP does this as the likelihood of persons in this cohort achieving a grant of international protection is very high because (a) the selection process embedded in the relocation instruments is predicated on the fact that eligible nationalities must, across the EU, have a 75% or higher chance of obtaining status and (b) the overwhelming majority of persons being relocated to Ireland are fleeing the war in Syria.

In advance of their arrival in Ireland, relocated asylum seekers will have been interviewed while in Greece or Italy by an IRPP team to assess their needs and vulnerabilities prior to arrival in Ireland and to initially orient them to Irish life and society.

Following their arrival in Ireland, and during their initial period of reception, relocated asylum seekers will be accommodated in an Emergency Reception and Orientation Centre (EROC). As the name suggests, an EROC is largely about reception and orientation for those who are to be subsequently settled around the country. In the EROC they will receive broadly the same integration services as available to programme refugees with due account being taken of the fact that certain things may not be able to happen until individuals receive a decision on their application for a grant of international protection. This decision is usually forthcoming within twelve weeks. IRPP staff meet individuals and families at regular intervals to help assess their ongoing needs and requirements. The client group also receive an orientation and language training programme while in the EROC. A Friends of the Centre group has been established in Ballaghaderreen, the newest EROC to be opened and, working with the Irish Red Cross, the IRPP is liaising with volunteers to provide additional supports to facilitate residents as they start the long process of integrating into Irish society.

Some of the key features of supports provided to relocated asylum seekers include:

- IRPP staff and interpreters meet families and individuals upon arrival at Dublin Airport and accompany them to their Emergency Reception and Orientation Centre where they are accommodated for approximately six months.

- During the days post arrival the asylum seekers are registered with the Department of Social Protection for a public services card and receive an exceptional needs payment (ENP). - IRPP officials provide assistance to ensure that families and individuals receive a medical card.

- IRPP liaise with the local Education and Training Board in each catchment area to ensure that groups receive a Language Training and Cultural Orientation programme.

- Local Service Providers, volunteers and NGOs visit the Emergency Reception and Orientation Centres to provide services, to provide information and to support and befriend the refugees.

- A GP is assigned to the relocated asylum seekers to ensure that their immediate medical needs are met including referral to dental and optical services.

- Childcare is provided free of charge to allow the adults to attend the Language and Orientation programme in their EROC.

- Education provision is made for school age children by the Department of Education and Skills.

- Emergency medical matters are followed up while resident in the EROCs.

- Once the asylum seekers receive refugee status and when housing is available, the refugees will be resettled in the community with the support of the IRPP and volunteers in the local community. Each family will be assigned a resettlement worker to assist with the transition.

In terms of settlement in the community, the overall model to be used will be identical to the model used for programme refugees as will be the suite of integration supports.

In relation to integration, the Deputy may also be aware that the Migrant Integration Strategy, which was published on 7 February 2017, offers a blueprint for the Government's action to promote migrant integration for the period to 2020. It sees integration as a two-way process which involves action by migrants and non-migrants alike. It promotes action by Government, business, employers, migrants, NGOs and local communities. The Strategy requires all Departments to insert integration as a theme in strategy statements, business plans and staff training. It is using networks as a means of encouraging greater participation by migrants in all aspects of Irish life. It includes targeted initiatives to promote migrant entrepreneurship, to encourage migrants into the Civil Service and onto State boards and to improve English language provision in education and training. It is accompanied by a Communities Integration Fund which I launched on 7 February, which will provide funding for community initiatives to promote integration.

The IRPP integration model for relocated asylum seekers will work with existing best practice in this areas as pioneered by the OPMI but is also willing to work organically with community bodies, NGOs and civil society to see what else can be added to the integration model in order to help refugees successfully integrate into Irish society and rebuild their lives. It is my firm intention that the model of integration and support is one which will evolve and develop over the coming twelve months.

Residential Institutions Redress Scheme

Ceisteanna (148)

Thomas P. Broughan

Ceist:

148. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the status of the payments due by religious orders to the various redress schemes; the steps taken to recoup moneys owed; when she expects outstanding payments to be completed; and if she will make a statement on the matter. [19781/17]

Amharc ar fhreagra

Freagraí scríofa

I presume that the Deputy is specifically referring to the Magdalen Restorative Justice Ex-gratia Scheme which is administered in my Department and the Residential Institutions Redress Scheme which is administered in the Department of Education and Skills.

In relation to the Magdalen Restorative Justice Ex-gratia Scheme, the position is that my predecessor as Minister for Justice and Equality, Alan Shatter, met with the four religious congregations involved in June 2013. They were asked to make a contribution to the cost of implementing the Magdalen Laundries Restorative Justice Ex-Gratia Scheme. Following reflection on the matter, all four congregations declined to make a financial contribution towards the implementation of the scheme.

The matter was discussed again by the Government on 16 July 2013 and following that meeting the then Minister wrote to all four congregations expressing his disappointment that they had decided not to make a financial contribution, pointing out that the Government was of the view that the congregations had a moral obligation to do so and urging them to reconsider. The congregations responded to that second request reaffirming their previous position. Further letters issued to the religious congregations in January 2014 and they again reaffirmed their position that they would not be making a financial contribution to the Scheme.

All four religious congregations are cooperating fully with the scheme with regard to providing the appropriate records available to applicants. My officials in the Restorative Justice Implementation Unit liaise with the religious congregations on a regular basis with regard to verifying records.To date awards totalling over €25 million have been paid to 672 applicants under this Redress Scheme

In relation to the Residential Institutions Redress Scheme I am advised by the Minister for Education & Skills, who has ministerial responsibility in this area, that the 2002 Indemnity Agreement between the Government and religious congregations provided for a collective contribution of €128 million from the 18 participating congregations in cash, counselling services and property with the cash element going towards the funding of the Redress Scheme. The Minister for Education and Skills also advises that the combined value of all contributions received to date under the Agreement stands at €117.8 million which represents 92% of the amount provided for in the Agreement. The Minister understands that all cash and counselling provided for in the Agreement has been received and that a small number of property transfers remain to be completed.

For the sake of completeness, the Minister for Education and Skills points out that in response to the call for further substantial contributions towards the costs of residential institutional redress made in the aftermath of the publication of the report of the Commission to Inquire into Child Abuse (the Ryan Report), many of the congregations that were party to the 2002 Indemnity Agreement made additional voluntary offers of cash and property. The cash proceeds of these offers do not fund a redress scheme as such but I am advised by the Minister for Education and Skills that the cash proceeds are being made available to Caranua (the Residential Institutions Statutory Fund) and that to date some €97 million in cash and associated interest has been contributed.

Refugee Data

Ceisteanna (149)

Brendan Ryan

Ceist:

149. Deputy Brendan Ryan asked the Tánaiste and Minister for Justice and Equality the number of the 4,000 persons committed to under the Irish refugee protection programme who have arrived here to date; the number of such persons who have since successfully moved out of State accommodation; and the way in which the State plans to meet its commitments before the deadline expires. [19783/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State. A breakdown of how this 4,000 will be taken in across the various mechanisms through which the programme is being delivered can be found in Table 1.

Table 1: Table of Total Numbers under Government Decision on the IRPP

Relocation Strand

Numbers

Council Decision 2015/1523

600

Council Decision 2015/1601

2,022*

Total Relocation

2,622

Resettlement Strand

Government Decision 09/06/15

520

Government Decision 06/07/16

260

Government Decision 29/11/16

260

Total Resettlement

1,040

Total Unaccompanied Minors Calais (Government Decision 10/11/16)

200 (up to)

Mechanism as yet undecided

138

Grand Total

4000

*Of the total of 2,022 under Council Decision 2015/1601 910 have yet to be assigned to either Italy or Greece by the EU Commission.

Arrivals to date

As of the end April 2017, the numbers of persons that have arrived under both the programme refugee resettlement strand and the relocated asylum seeker strands of the programme are set out in Tables 2 and 3, respectively:

Table 2: Resettlement Programme Refugees

Total People

Adults

Minors

Age 0-4

Age 5-12

Age 13-17

732

345

387

109

214

64

Table 3: Relocated Asylum Seekers

Total People

Adults

Minors

Age 0-4

Age 5-12

Age 13-17

459

274

185

70

82

33

Further numbers will of course arrive under the relocation programme over the coming months. Full details on the two primary strands of the programme are set out below for the information of the Deputy.

Of the 1,191 people who have arrived thus far under the IRPP, a total of 536 persons are now living in the community in various locations nationwide. It is expected that in the region of another 100 people will be housed within the community by the end of June 2017. IRPP officials are working closely with local authorities across the State and the Irish Red Cross to secure appropriate accommodation for those currently in emergency accommodation and all future arrivals.

Resettlement strand of the programme

Taking account of the situation in the Middle East, and the plight of the refugees, the Tánaiste announced that Ireland would accept 520 persons for resettlement over an 18-month period to the end of 2017. This was almost double the figure proposed for Ireland by the European Commission and was delivered a year ahead of the Commission deadline.

In addition, the Government announced last year that it was extending the resettlement programme to take in a further 520 refugees from Lebanon in 2017, most of whom are of Syrian origin. 215 of these have already arrived following a selection mission last October and a further mission to Beirut in late March/early April this year selected sufficient numbers to ensure the total of 1,040 is reached by the end of the 2017.

Relocation strand of the programme

Despite initial delays outside of Ireland's control in respect of the operation of the 'hotspots' on the ground in Greece, Ireland has to-date taken in a total of 459 people from Greece under relocation. A monthly schedule has been agreed with the Greek authorities which will sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its initial commitments to Greece within the time frame envisaged by the Programme.

Ireland has agreed to take up to 20 unaccompanied minors (UAMs) under the IRPP. Fundamentally, Ireland's capacity to take UAMs is determined by Tusla, the child and family agency. 6 UAMs (by the Irish definition) have arrived in Ireland from Greece under the programme. However, relatively few UAMs appear to be available within the cohort eligible for relocation and efforts continue to seek further transfers within this cohort.  All UAMs that have arrived to-date are in the care of Tusla. 

As regards Italy, the relocation mechanism from Italy has yet to commence for many countries, including Ireland, due to issues with the Italian authorities surrounding the security assessment of migrants assigned to other Member States. Intensive efforts are ongoing to resolve this, both bilaterally with Italian counterparts at official, diplomatic and Ministerial level, and at EU level, including through the European Commission. The total target for relocation EU-wide in the two Council Decisions for relocation also includes an unallocated portion which in the case of Ireland amounts to  910 persons. These numbers have not yet been allocated as between Greece and Italy.  It is understood that the European Commission are examining allocating this "unassigned" portion and if they do Ireland will immediately work towards relocating them. 

Calais Minors

In a further gesture of humanitarian assistance towards the most vulnerable caught up in the migration crisis and following a debate in the Dáil, the Government also committed to taking up to 200 unaccompanied minors (UAMs) from France who were previously resident in the migrant camp at Calais. 21 UAMs have thus far arrived in Ireland under this initiative and are in the care of Tusla.  These initiatives therefore leave just a small residual balance to be allocated from the Government decision to take 4,000 persons.

Closed-Circuit Television Systems

Ceisteanna (150)

Niamh Smyth

Ceist:

150. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the body which is administering the community-based CCTV grant aid scheme; when the scheme will be open; the bodies which can apply; the closing date; and if she will make a statement on the matter. [19804/17]

Amharc ar fhreagra

Freagraí scríofa

I 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.

Child Abduction

Ceisteanna (151)

Róisín Shortall

Ceist:

151. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the supports in place for families at risk of international child abduction; if she will review the supports in place and ensure that assistance is available to families at risk; and if she will make a statement on the matter. [19826/17]

Amharc ar fhreagra

Freagraí scríofa

The International Child Abduction Unit is the Central Authority within my Department that provides assistance to parents and guardians of children who have been removed from the jurisdiction without their consent. This unit is a transmitting and receiving agency for applications for the return of children to the jurisdiction under the 1980 Hague Convention on Civil Aspects of International Child Abduction and Council Regulation (EC) No 2201/2003 of 27 November 2003. Applications to establish and/or enforce court orders concerning access rights to children are also dealt with under the aforementioned international instruments. The International Child Abduction Unit can only provide assistance when children have been taken to EU Member States or to countries that have are party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Parents and guardians who have any concerns regarding the legality of parental separation should seek legal advice without delay. In 2015, a cross-Department/Agency group was established to discuss a number of issues relating to child abduction generally, including raising awareness in relation to child abduction. It is intended to organise a further meeting of this group before July. Arising from the work of this group, I expect to be in a position to publish a cross-agency information leaflet very shortly, which deals, among other aspects, with what should be done when parents or guardians have concerns about potential child abduction. The Department of Foreign Affairs and Trade provide assistance when children are removed to a country that is not party to the 1980 Hague Convention. Where parents or guardians have concerns about potential abduction, they should alert their local Garda station and through them inform Irish airports, ports and Interpol. An Garda Síochána are the relevant authority to report child abductions to Interpol. Parents are advised to seek legal advice in Ireland on their options. They or their solicitor may also contact the Department of Foreign Affairs and Trade’s Passport Office to request the children be added to the passport stop-list or request to be informed if the other parent applies for passports for the children. In cases where the children may qualify for another state’s passport, they may contact that state’s Embassy and request that passports not be issued. Parents may also apply to the Court requesting that it direct who should hold the passports, e.g. the concerned parent him- or herself, the Gardaí, the courts etc. Parents concerned about cross-border child abduction by strangers should take all normal precautions such as familiarising themselves with the AMBER alert system, keeping medical and photographic records up to date and making online safety a priority. As the Deputy is aware, responsibility for effectiveness and responsiveness in child welfare and protection systems generally, in the context of the services that the Department provides, lies with my colleague the Minister for Children and Youth Affairs.

Direct Provision Data

Ceisteanna (152)

Róisín Shortall

Ceist:

152. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the number of persons currently living in each direct provision centre, in tabular form; the number of persons who have been granted leave to remain but are still residing in each direct provision centre; the process for housing former residents of direct provision once their applications are approved; and if she will make a statement on the matter. [19835/17]

Amharc ar fhreagra

Freagraí scríofa

The statistics sought by the Deputy are provided in the table.

The figures indicate that just over 9% of the total population of accommodation centres has some type of leave to remain but are still accommodated in the centres. A more detailed analysis shows that this is a more acute problem in the Dublin area with over 36% of all occupants with some form of permission to stay and even more critical in self catering centres with over 44% of all residents in that category remaining the accommodation. The figures in the Dublin area reflect the general issues with housing that are being experienced in the capital.

Notwithstanding this fact, the Reception and Integration Agency (RIA), which administers the system of accommodation for protection applicants, has always continued to provide such persons with continued accommodation until they secure their own private accommodation. RIA is particularly mindful of the reality of the housing situation in the State and the pressures on the Community Welfare Service in respect of Rent Supplement or the City and County Councils in respect of Housing Assistance Payments and Housing Lists. That said, the provision of housing for persons coming out of the protection process has been incorporated in the recently published Action Plan for Housing and Homelessness.

Following on from the McMahon report, my Department developed a guide to independent living for persons with status to provide practical assistance for them. The guide is available in all centres and has been published on the RIA website (www.ria.gov.ie) in a number of different languages. This was published in parallel with information sessions coordinated by the Citizens Information Bureau in accommodation centres which gave an opportunity for such persons to seek assistance and clarification on the services provided. The Reception and Integration Agency (RIA), its centre managers, the Community Welfare Service (by way of provision of Rent Allowance), Citizens Information and those City and County Councils operating the Housing Assistance Payments link with such persons in accessing the appropriate supports and services, including in respect of sourcing and securing private accommodation.

Some families in centres who have sourced their own accommodation in the community may defer their move until breaks in the school year to minimise disruption to their children's education. As the annual major school break approaches, it is anticipated that a number of families will move during that period.

Following a recent call for proposals under the Asylum Migration and Integration Fund, a number of charities and NGOs have been successful in applying for funding for projects with the specific aim of providing assistance to those transiting from state provided accommodation to permanent homes in the community. While this work has only just begun I am confident that it will prove of great assistance and benefit to all concerned.

County

Centre

Address

Occupancy

Number with Status

Clare

Knockalisheen

Meelick

235

5

Cork

Ashbourne Hse

Glounthaune

90

0

Kinsale Road

Cork City

234

17

Glenvera

Wellington Road

98

7

Millstreet

Millstreet

169

5

Clonakilty Lodge

Clonakilty, Co. Cork

90

3

Dublin

The Towers

The Ninth Lock, Clondalkin, D.22

209

110

Georgian Court

77-79 Lower Gardiner St. Dublin 1

65

12

Hatch Hall

28 Lower Hatch Street, Dublin 2

130

25

Galway

Eglinton

The Proms, Salthill

170

22

Great Western House

Eyre Square

142

13

Kerry

Atlas House (Killarney)

Killarney

71

0

Atlas House (Tralee)

Tralee

95

5

Johnston Marina

Tralee

79

2

Park Lodge

Killarney

39

2

Kildare

Eyrepowell

Newbridge

78

7

Laois

Montague

Emo, Portlaoise

190

14

Limerick

Hanratty's

Glentworth Street, Limerick

112

2

Mount Trenchard

Foynes, Co. Limerick

78

0

Longford

Richmond Court

Richmond Street, Longford

73

1

Mayo

The Old Convent

Ballyhaunis

198

1

Meath

Mosney

Mosney

732

62

Monaghan

St. Patricks

Monaghan

157

13

Sligo

Globe House

Chapel Hill

177

13

Waterford

Atlantic House

Tramore, Co. Waterford

71

4

Ocean View

Tramore, Co. Waterford

65

1

Birchwood

Ballytruckle Road

118

3

Viking House

Coffee House Lane

69

4

Westmeath

Athlone

Athlone

186

4

Total

4220

357

Dublin

Watergate House

11-14 Usher's Quay, Dublin 8

58

32

Louth

Carroll Village

Dundalk

59

20

Total - Self Catering

117

52

Dublin

Balseskin

St. Margarets, Finglas, Dublin 11

205

6

Total - Reception Centre

205

6

Grand total

4542

415

Criminal Law

Ceisteanna (153)

Róisín Shortall

Ceist:

153. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality her plans to amend the law in relation to the defence of provocation in line with the Law Reform Commission's recommendations; and if she will make a statement on the matter. [19836/17]

Amharc ar fhreagra

Freagraí scríofa

In Irish law, provocation is a partial defence applicable only to murder. When raised successfully, it operates to reduce murder to the lesser charge of manslaughter. The basis for this is that the accused lost self-control in response to provocation. The test for the defence of provocation, set out by the Court of Criminal Appeal in the case of The People (DPP) v. MacEoin, is a predominantly subjective test.

The Law Reform Commission considered the defence of provocation in its 2009 Report on Defences in Criminal Law. The Commission recommended that provocation should be retained as a partial defence to murder. However, the Commission also concluded that the defence of provocation should be modified and reformed. In particular, the Commission recommended a withdrawal from a purely subjective test and the introduction of a defence remodelled on objective lines.

The recommendations of the Law Reform Commission regarding the defence of provocation are under consideration within my Department.

Criminal Law

Ceisteanna (154)

Róisín Shortall

Ceist:

154. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the steps she is taking to address hate crime; her plans to introduce legislation on this matter; if the significant discrepancy between the number of incidents recorded by the European Network Against Racism and in the Garda PULSE system has been brought to her attention; and if she will make a statement on the matter. [19837/17]

Amharc ar fhreagra

Freagraí scríofa

There are mechanisms in place to deal with hate motivated 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.

With respect to legislation establishing hate crime as a specific and punishable crime, it is important that any legislation which is introduced will allow for effective prosecution of these type of offences.

In the area of policing, 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 combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.

With regard to the recording of crime incidents on PULSE, it should be noted that PULSE is a system which records crime data. By contrast, I understand that the reports published by ENAR include not only reports of criminal acts, but also a range of other matters including incidents of verbal abuse and discrimination. While these incidents may have a racist motivation they will not all amount to criminal offences. Therefore the data published by ENAR and the crime data recorded on PULSE are not directly comparable.

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, 2017. 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 also be funded through this mechanism.

Garda Station Closures

Ceisteanna (155)

Catherine Murphy

Ceist:

155. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 43 of 2 March 2017, if she will provide a further update on the status of a pilot scheme for the reopening of Garda stations; if the six stations for reopening on a pilot basis in line with the commitment in the programme for a partnership Government have been identified to date or if a draft list has been circulated to stakeholders; the dates on which the identified stations will reopen; if the wider review being overseen by the Policing Authority has concluded; and if she will make a statement on the matter. [19899/17]

Amharc ar fhreagra

Freagraí scríofa

The 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.

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.

As outlined previously to the Deputy in parliamentary question number 43 of 2 March 2017, 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.

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.

This 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 the Authority has informed the Inspectorate that the review should take account of:

- the changing environments in rural, developing urban and suburban areas;

- the views of local communities;

- the allocation to and deployment of Garda resources at the local policing level, including the use of the Garda Reserve, Garda facilities and Garda equipment; and

- relevant recommendations made in previous Inspectorate reports.

I am advised that the review should be completed within the first half of 2018 and I look forward to receiving the report from the Authority in due course.

Prison Building Programme

Ceisteanna (156)

Thomas P. Broughan

Ceist:

156. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 75 and 76 of 30 March 2017, when the working group on the future of Thornton Hall will report; if major health, educational or other social infrastructure facilities in Fingal and north Dublin are being considered as future functions for Thornton Hall; and if she will make a statement on the matter. [19903/17]

Amharc ar fhreagra

Freagraí scríofa

As I mentioned in my reply to Parliamentary Questions 75 and 76 of 30 March 2017, a Working Group was established by the Secretary General of the Department of Justice and Equality in January 2015, to examine options for the future use of the Thornton Hall site. This group, comprising of officials from the Department of Justice and Equality, the Office of Public Works and the Irish Prison Service, was asked to review potential options for the lands and house at Thornton and make recommendations on how best to maximise the value to the State. I am awaiting the Working Group's Report and in advance of that I am not in a position to indicate possible future uses of the facility.

Immigration Status

Ceisteanna (157)

Bernard Durkan

Ceist:

157. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied); and if she will make a statement on the matter. [19974/17]

Amharc ar fhreagra

Freagraí scríofa

I 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 the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and has not yet reached a conclusion.

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.

Garda Training

Ceisteanna (158)

Noel Rock

Ceist:

158. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality the percentage of Garda that have received counterterrorism training; the reason counterterrorism training is not required for first responders; the actions that have been taken since the attack on Stockholm to better prepare for the possibility of a terror attack; and if she will make a statement on the matter. [19982/17]

Amharc ar fhreagra

Freagraí scríofa

As an open and democratic society in the European Union, Ireland cannot consider itself immune from the current international terrorist threat. The assessment of the threat is that while an attack on Ireland is possible, it is not considered likely. Nor is there at present any specific information that an attack on Ireland is planned. The level of threat from this source is kept under constant review by An Garda Síochána, particularly in the light of ongoing developments and the current international situation. The Deputy will understand, of course, that the detail of such security measures should not be disclosed publicly. What I can say is that the Garda Authorities will continue to take all necessary security measures proportionate to the level of terrorist threat and all the relevant agencies here co-operate closely in respect of any threats identified. An Garda Síochána has developed considerable operational capacities in countering terrorism and in responding to critical incidents. There is, in particular, a highly-trained and well-equipped special intervention capability in the Emergency Response Unit that is supported by the regional Armed Support Units and the range of other resources across the Garda organisation. In addition, the considerable skills and resources of the Defence Forces are also available in support where needed.

There is a number of persons here whose activities in support of extremism give rise to concern and they will continue to be monitored closely by the Garda Authorities and all appropriate measures will be taken in this regard.

The Garda Authorities will continue to work closely with their EU and other international security and intelligence counterparts in responding to the shared threat of international terrorism. The gathering and sharing of relevant information is an important aspect of this international co-operation. The Government is committed to providing An Garda Síochána with the necessary resources to enhance their connectivity to a range of EU and other international resources and significant work is ongoing in this regard. This includes connecting to the Schengen Information System and, indeed, to other EU and Interpol information-sharing resources relevant to countering the terrorist threat.

A series of measures is currently being rolled at EU-level out to build on the current EU framework for information-sharing, combating terrorism and controlling illegal firearms, and Ireland is fully engaged in pursuing these developments.

I should emphasise for the Deputy that the main security threat in the State is from republican paramilitary groups who reject the Good Friday Agreement and they continue to be a priority counter-terrorism focus for An Garda Síochána. The Garda Authorities will continue to target those involved and to work closely with their counterparts in Northern Ireland in combatting these groups. The Gardaí and the PSNI deserve praise for their ongoing work in this regard.

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