Tuesday, 2 May 2017

Written Answers Nos. 195-212

Garda Strength

Ceisteanna (195)

Jonathan O'Brien

Ceist:

195. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of gardaí attached to various sections and divisions within An Garda Síochána (details supplied). [20464/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who 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. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I have requested the specific information sought by the Deputy from the Commissioner and I will write to him on receipt of same.

The following deferred reply was received under Standing Order 42A:

I refer to your Parliamentary Question No. 195 for answer on Tuesday, 2 May 2017, the text of which was as follows:-

"To ask the Tánaiste and Minister for Justice and Equality the number of Gardaí attached to various sections and divisions within An Garda Síochána, Details supplied." Internal affairs; and the number of Gardaí specifically working in discipline and complaints, including numbers of those seconded to GSOC, compensation, health and safety and overseas.

At the time the then Minister responded that she would request the information sought by you from the Garda Commissioner and she would write directly to you on receipt of the same.

I am informed by the Garda Commissioner that for operational and security reasons the staffing levels of the sections specified by you cannot be published.

Garda Strength

Ceisteanna (196, 197)

Jonathan O'Brien

Ceist:

196. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of gardaí on secondment and exchange programmes with foreign police services; and the jurisdictions in which they are currently operating. [20465/17]

Jonathan O'Brien

Ceist:

197. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of officers from foreign police forces currently on secondment or exchange here with An Garda Síochána and their jurisdictions of origin. [20466/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 196 and 197 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, and I, as Minister, have no direct role in the matter.

An Garda Síochána maintains close liaison with other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol, greatly facilitate the prompt exchange of information and intelligence on criminal activity. Such international liaison has led to many parallel investigations with international law enforcement agencies.

I am informed by the Garda Commissioner that there are no members of other police forces currently on secondment to or on exchange with An Garda Síochána.

I am further informed by the Commissioner that the number of Gardaí on international duty and the numbers of Garda liaison officers based in other jurisdictions, Europol and Interpol as of 31 March 2017, the latest date for which figures are readily available, are as set out in the following tables.

Gardaí on International Duty as at 31 March 2017
Location	Total
UNFICYP-Cyprus	12
EULEX- Kosovo	6
Overall Total	18

Garda Liaison Officers
Locations	Total
The Hague	1
London	1
Madrid	1
Paris	1
Lisbon	1
Total	5
Europol Headquarters
The Hague	1
Total	1
Interpol Headquarters
Lyon	1
Total	1
Overall Total	7

Garda Resources

Ceisteanna (198)

Jonathan O'Brien

Ceist:

198. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of gardaí trained in the operation of new roadside drug-testing machines; the number of full-time trainers for the machines; and her plans to increase training among gardaí in this regard. [20467/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

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.

Interdepartmental Working Groups

Ceisteanna (199)

Jonathan O'Brien

Ceist:

199. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will convene an interdepartmental group involving An Garda Síochána, Tusla, the Health Service Executive, the Courts Service and the Central Statistics Office to examine the development of a system to record data on domestic violence accurately. [20475/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, there are already a number of measures being taken to advance data collection, collation and analysis in relation to crime incidents generally and specifically in the area of domestic violence.

Following on recommendations from the Garda Inspectorate, we have seen significant work to underpin the integrity of crime statistics, including two detailed reviews of crime data quality which were carried out in by the CSO in 2015 and 2016, and I understand that the CSO intends to carry out further such reviews. I am also advised that the Expert Group on Crime Statistics, chaired by the CSO, has prepared a report which considers a number of issues raised by the Garda Inspectorate and this is due to be published in the coming weeks.

In relation to domestic violence, Cosc – the National Office for the Prevention of Domestic, Sexual and Gender-based Violence; An Garda Síochána; the Courts Service; and the Probation Service are all currently working on a State Data Committee with the Central Statistics Office and Tusla under the Second National Strategy on Domestic, Sexual and Gender-based violence 2016 – 2021 in order to improve data availability and disaggregation in the area. Specifically, the Second National Strategy provides for the establishment of a gold standard with regard to the collection and analysis of data under a range of categories. Similarly, the recently established Data Working Group, chaired by Cosc, with representative members from non-government organisations including Women’s Aid, SAFE Ireland and Sonas Domestic Violence Charity Ltd. are currently devising a work plan to advise on the enhancement of data in the area.

I am advised that the recording of incidents relating to domestic abuse is closely monitored by the Garda National Protective Services Bureau to ensure

- a uniform approach is maintained in the recording and investigation of such incidents;

- that records accurately reflect such violence/abuse; and

- that victims receive appropriate supports from members of An Garda Síochána, in the monitoring, managing and investigation of such incidents and from other state and non-governmental organisations within the community.

I am advised by the Garda authorities that work is ongoing to ensure that proper quality assurance processes are put in place, with a view to publishing relevant statistical information in due course, and after appropriate consultations with the CSO.

Work to address the full range of the Garda Inspectorate’s recommendations, including in relation to data quality, is ongoing and is supported by very large investments totalling €330 million from 2016-2021 for Garda technology and systems, including €250 million under the Capital Plan.

While it is not intended to convene an interdepartmental group at this time, I can assure the Deputy that significant work is underway to improve the collection of data relating to the recording of domestic violence. While progress has been made, further incremental improvements will occur over time, resulting in the delivery of far more robust data to support An Garda Síochána in analysing and improving their service to victims of domestic violence.

Visa Applications

Ceisteanna (200)

Bernard Durkan

Ceist:

200. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of visa applications for persons (details supplied); and if she will make a statement on the matter. [20492/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that 'join family' visa applications from the persons referred to were submitted to the Visa Office in Abuja on 19 April 2017 and will now be processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

In addition, applicants may themselves e-mail queries directly to INIS ([e-mail]).

Courts Service Data

Ceisteanna (201)

Brendan Ryan

Ceist:

201. Deputy Brendan Ryan asked the Tánaiste and Minister for Justice and Equality the number of senior clerks in the probate offices of the Courts Service; and the waiting time for processing of cases. [20513/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Probate Office is an office of the High Court 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.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the full complement of staff in the Probate Office is as follows:

2 Principal Officers

1 Assistant Principal

7 Higher Executive Officers

3 Executive Officers and

5 Clerical Officers

Probate functions are also carried out by County Registrars at 14 District Probate Registries in provincial court offices.

The Courts Service has advised that the current waiting time for a Grant of Representation is 15 weeks for applications lodged by a solicitor (90% of applications are made via this route) and 28 weeks for personal applications. It is anticipated that by the end of Summer these waiting periods will reduce further. The current reduction in waiting times has been achieved by a review of business processes within the Probate Office and the assignment of an extra Higher Executive Officer and Executive Officer.

All applications are assessed on the basis of the date on which they are lodged, an approach which provides fairness and equity to all applicants. Priority is given to probate applications where there is a particular urgency or in extenuating circumstances. In such cases, it is open to applicants to bring the matter to the attention of the Probate Office.

Policing Issues

Ceisteanna (202)

Jonathan O'Brien

Ceist:

202. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to members of non-domestic policing or security agencies operating here; if so, the state of origin of each; and if she will make a statement on the matter. [20523/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As I have set out previously to the House, it is the advice of the Garda Authorities that An Garda Síochána co-operates with external police services on intelligence-related matters as circumstances dictate. Any arrangements that may be made are a matter for operational decisions made between the police services involved, are governed by strict protocols relating to conduct and confidentiality and must, of course, in all circumstances operate in accordance with the law.

I would reiterate also for the Deputy that these are operational matters for the Garda Authorities, to be carried out in accordance with their functions as set out in the Garda Síochána Acts, and neither I nor my Department would be involved in such arrangements.

I would also emphasise the point I have made previously that there can be no question of any person being permitted to engage in criminal activities here in any circumstances. Neither is there any question of a police officer from outside the jurisdiction exercising police powers here.

Questions Nos. 203 and 204 answered with Question No. 167.

Prisoners Temporary Release

Ceisteanna (205)

Éamon Ó Cuív

Ceist:

205. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the reason for the revocation of full temporary release of the four life-sentence prisoners recall during 2016; and if she will make a statement on the matter. [20588/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by my officials of the Irish Prison Service (IPS) that the four life sentenced prisoners referred to who were on reviewable temporary release in the community under the supervision of Probation Service were recalled to prison for accommodation and medical reasons.

I also refer to my reply to Parliamentary Question No. 55 of 13 April 2017, reference No. 19106/17, wherein I stated that the IPS work in close partnership with the Probation Service and An Garda Síochána in respect of the management of life sentence prisoners who are living in the community. A range of temporary release conditions are applied which, if not adhered to, may result in the prisoner being returned to custody.

Garda Strength

Ceisteanna (206)

Charlie McConalogue

Ceist:

206. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality the number of community gardaí assigned to the Donegal division; if this is a reduction on the position in October 2016 (details supplied); if so, the reason for the reduction; and if she will make a statement on the matter. [20653/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who 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 the 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.

Garda management has advised that a review of the categorisation of resources conducted in the Donegal Division in late 2016 found that nineteen Gardaí previously recorded as being exclusively assigned to community policing duties were no longer carrying out such duties as their sole area of responsibility but as part of their regular duties following redeployment to different units. Consequently, the number of Gardai categorised as Community Gardaí within the Division was reduced from twenty one to two.

Inquiries into Garda Activities

Ceisteanna (207)

Jim O'Callaghan

Ceist:

207. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the inaccuracies that have been uncovered in homicide cases following a review of 41 sample cases; the number of cases that were wrongly classified; if further reviews will be carried out to test for further inaccuracies; and if she will make a statement on the matter. [20704/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am awaiting a full report from the Garda authorities on the matter and I will communicate further with the Deputy when this is to hand.

More generally, the Deputy will recall that the Garda Inspectorate Report on Crime Investigation, published in November 2014, identified concerns about some aspects of the recording and classification of crime incident data. In view of these concerns, I met with the Director of the Central Statistics Office to help chart a course of action to address the Inspectorate’s recommendations in relation to the recording and classification of crime data.

Since then the CSO has provided strong support for measures to improve the quality of our crime figures, including two detailed reviews of the quality of crime data, as recorded on the Garda PULSE system (June 2015 and September 2016). I understand that further reviews are planned by the CSO and this will provide us with an important level of reassurance in relation to official crime statistics.

The CSO has also chaired an Expert Group on Crime Statistics which has considered a number of the Garda Inspectorate’s recommendations on crime statistics, including in relation to the crime counting rules. I am advised that the Expert Group has prepared a report, and I expect this will be published in the coming weeks.

Work to address the full range of the Garda Inspectorate’s recommendations in relation to data quality is ongoing and is supported by very large Government investments totalling €330 million from 2016-2021 in Garda technology and systems, including €250 million under the Capital Plan.

It is essential that we do all we can to ensure and enhance the integrity of crime statistics. The Government remains committed to ensuring that the issues highlighted by the Garda Inspectorate concerning the official crime statistics are addressed progressively through a series of measures by An Garda Síochána, and the CSO as the national statistics agency.

Garda Strength

Ceisteanna (208)

Jim O'Callaghan

Ceist:

208. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her views on whether three armed gardaí at Dublin Airport is adequate for the policing of the airport; the number of gardaí assigned for policing there; the number assigned to each terminal; and if she will make a statement on the matter. [20705/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public.

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. The Deputy will understand, of course, that the detail of such security measures, including the number and nature of Gardaí assigned to particular areas, cannot be disclosed publicly for obvious reasons. 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.

While there are a number of persons here whose activities in support of extremism give rise to concern 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 being rolled 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.

Direct Provision Data

Ceisteanna (209)

Jan O'Sullivan

Ceist:

209. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality the number of persons moved out of direct provision in each of the past ten years; and if she will make a statement on the matter. [20819/17]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

It is not obligatory for protection applicants to accept accommodation provided by the State and it is not obligatory for them to remain in such accommodation.

The database where information on accommodation is held is a dynamic one and provides a snapshot of total numbers in accommodation at any one time. It provides information in relation to the level of available accommodation across the portfolio rather than in relation to the movement of persons in or out of accommodation. It does not retain general historical information in respect of persons leaving accommodation. Each year the Reception and Integration Agency produces an Annual Report and these can be found on the RIA website at http://www.ria.gov.ie/en/RIA/Pages/Publications.

As provided in Parliamentary Question No. 22 of 2 March 2017, in 2016 1,960 persons left State provided accommodation and 1,685 persons took up the offer of State provided accommodation. However, this information is not available for any other year under question. For the information of the Deputy, the following table shows the number of persons in State provided accommodation at the end of each of the last ten years:

2016	2015	2014	2013	2012	2011	2010	2009	2008	2007
4,425	4,696	4,364	4,360	4,841	5,423	6,107	6,494	7,002	6,625

Deportation Orders Data

Ceisteanna (210)

Eamon Ryan

Ceist:

210. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the number of letters of intention to deport under section 3 of the Immigration Act 1999 issued in each of the years 2013 to 2016 and to date in 2017, in tabular form; if they were asylum-related or non-asylum-related; and if she will make a statement on the matter. [20859/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of intention to deport letters issued under section 3 of the Immigration Act 1999 (as amended) in the years between 2013 up to and including 31/03/2017 was approximately 7,362. This includes both failed asylum seekers and anyone who entered the section 3 process by any other means, for example, those whose immigration permission has lapsed or not been renewed.

The information sought by the Deputy is as set out in the following tables:

Breakdown of letters issued in 2013 of intention to Deport under Section 3
Type	Numbers
Non-Asylum	1016
Asylum	854
Total	1870

Breakdown of letters issued in 2014 of intention to Deport under Section 3
Type	Numbers
Non-Asylum	725
Asylum	654
Total	1379

Breakdown of letters issued in 2015 of intention to Deport under Section 3
Type	Numbers
Non-Asylum	503
Asylum	1049
Total	1552

Breakdown of letters issued in 2016 of intention to Deport under Section 3
Type	Numbers
Non-Asylum	777
Asylum	975
Total	1752

Breakdown of letters issued in 2017 (up to and including 31/01/2017) of intention to Deport under Section 3
Type	Numbers
Non-Asylum	489
Asylum	320
Total	809

Leave to Remain

Ceisteanna (211)

Eamon Ryan

Ceist:

211. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the number of persons granted leave to remain on humanitarian grounds under section 3 of the Immigration Act 1999 in 2016 and to date in 2017, in tabular form; if they were asylum-related or non-asylum-related; the number of applications pending; if they are asylum-related or non-asylum-related; and if she will make a statement on the matter. [20860/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from 01/01/2016 to 31/03/2017 there were 585 people granted leave to remain following consideration of their cases under section 3 of the Immigration Act 1999 (as amended). This includes both failed asylum seekers and non asylum related cases.

The information sought by the Deputy is as set out in the following table:

Breakdown of Leave to Remain Grants in 2016
Type	Number
Asylum	467
Non Asylum	65
Total	532

Breakdown of Leave to Remain Grants in 2017 up to and including the 31/03/2017
Type	Number
Asylum	44
Non Asylum	9
Total	53

Breakdown of Leave to Remain pending under Section (3) as of 28/04/2017
Type	Numbers
Asylum	1328
Non Asylum	2632
Total	3960

Deportation Orders Data

Ceisteanna (212)

Eamon Ryan

Ceist:

212. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the number of deportation orders signed under section 3 of the Immigration Act in 2016 and to date in 2017, in tabular form; if they were asylum-related or non-asylum-related; the numbers of these enforced; if they were asylum-related or non-asylum-related; the number of these subsequently revoked under section 3(11); if they were asylum-related or non-asylum-related; and if she will make a statement on the matter. [20861/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. In determining whether to make a deportation order, in addition to the factors set out in Section 3 (6) of the Immigration Act 1999, I must also consider all relevant constitutional and international human rights arising, including those enshrined in the Refugee Convention, the UN Convention Against Torture and the European Charter of Human Rights. The question of not returning a person to a place where certain fundamental rights would be breached (or non refoulement as it is commonly referred to) is fully considered in every case when deciding whether or not to make a deportation order. This involves consideration of whether returning the person would result in the life or freedom of that person being threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion, or whether the person would be subjected to torture or to inhuman or degrading treatment or punishment.

A deportation order requires the person concerned to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders. Where persons have been identified as a threat to national security by An Garda Síochána, it remains open to me to make deportation orders against such persons and I have done so in the past and will continue to do so where appropriate.

I am informed by the Irish Naturalisation and Immigration Service of my Department that the numbers of Deportation Orders signed, effected and revoked in 2016 and 2017 are as set out in the following tables:

Deportation orders signed 2016 broken down by Asylum and Non Asylum

Type	Number
Non Asylum	259
Asylum	937
Total	1196

Deportation orders signed 2017 broken down by Asylum and Non Asylum

Type	Number
Non Asylum	6
Asylum	90
Total	96

Deportation Orders Effected 2016

Type	Number
Non Asylum	61
Asylum	367
Total	428

Deportation Orders Effected 2017

Type	Number
Non Asylum	3
Asylum	27
Total	30

Breakdown of Deportation Orders Revocations Section 3(11) 2016

Type	Number
Non Asylum	51
Asylum	297
Total	348

Breakdown of Deportation Orders Revocations Section 3(11) 2017

Type	Number
Non Asylum	10
Asylum	29
Total	39