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Thursday, 18 May 2017

Written Answers Nos 34-53

Visa Applications

Ceisteanna (34)

Peadar Tóibín

Ceist:

34. Deputy Peadar Tóibín asked the Tánaiste and Minister for Justice and Equality if she will grant a holiday visa to a person (details supplied). [23625/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a visa application was made in October 2016 which was refused. While it was open to appeal that decision within two months, no such appeal was made.

It remains open to the persons named to make a fresh visa application. The INIS website (www.inis.gov.ie) contains comprehensive guidelines to assist the applicant with the application process. The information contained on the website is for guidance purposes only and does not limit the discretion of the Visa Officer in dealing with individual applications.

Where an application is made by or on behalf of a child, it is important to ensure that the persons travelling with the child are authorised to have the child in their care. If the child is travelling with one or both of his or her parents, it is necessary to ensure that evidence of the relationship is provided. This is normally achieved through the provision of birth certificates and passports. Where the child is travelling with one parent only, it is necessary to provide evidence that the other parent agrees to the child's travel or that the parent caring for the child has sole custody of the child. In the case of an adopted child, evidence of the legal adoption will be necessary.

Each visa application is assessed on its own merits. Therefore, all information that the applicant wishes to have taken into consideration should be included where a visa application is submitted. It is strongly advised that the application fully addresses the reasons for the earlier refusal in any new application.

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 visamail@justice.ie.

Departmental Staff Recruitment

Ceisteanna (35)

Peter Burke

Ceist:

35. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality when a county registrar will be appointed in County Westmeath; and if the person appointed will deal only with County Westmeath. [23643/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, I approved a proposal to fill the County Registrar vacancy in County Westmeath and a recruitment competition is currently being conducted by the Public Appointments Service. The competition, which I understand will be completed shortly, will identify persons for recommendation to Government for appointment to the position of County Registrar for Meath/Westmeath.

Garda Deployment

Ceisteanna (36)

Fiona O'Loughlin

Ceist:

36. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of gardaí in County Kildare by station on 30 April 2016 and to date in 2017; and if she will make a statement on the matter. [23663/17]

Amharc ar fhreagra

Freagraí scríofa

As 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 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 am further informed by the Commissioner that, as of the 31 March 2017, there were 323 Garda together with 22 Garda Reserves and 30 civilians attached to the Kildare Division. 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 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 advised by the Commissioner, that since the reopening of the Garda College in September 2014, 981 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 50 of whom were assigned to the Kildare Division. I am also informed that another 600 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - 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, including the Kildare Division.

For the Deputy's information I have set out in the following table the number of Garda assigned to the the Kildare Division on 30 April 2016 and 31 March 2017, the latest date for which figures are readily available, as provided by the Commissioner.

Strength of the Kildare Division 30 April 2016 and 31 March 2017

District

Station

April 2016

March 2017

KILDARE

ATHY

27

27

CASTLEDERMOT

3

4

KILDARE

34

36

MONASTEREVIN

4

5

NEWBRIDGE

49

42

RATHANGAN

2

3

Total

119

117

LEIXLIP

CARBURY

8

7

CELBRIDGE

11

11

KILCOCK

9

9

LEIXLIP

37

50

MAYNOOTH

13

14

Total

78

91

NAAS

CLANE

7

7

KILCULLEN

2

2

NAAS

102

104

ROBERTSTOWN

3

2

Total

114

115

Kildare Division Total

15 Stations

311

323

Data Protection

Ceisteanna (37)

Denise Mitchell

Ceist:

37. Deputy Denise Mitchell asked the Tánaiste and Minister for Justice and Equality if the attention of the Office of the Data Protection Commissioner has been drawn to the increasing use of digital billboard and signage screens known as digital out of home advertising (details supplied) in public places which incorporate a digital camera and software to identify and track the behaviours of those who pass these billboards; if there are requirements for premises to inform persons of the presence of such billboards; the collected data which may be retained by these companies; and if she will make a statement on the matter. [23684/17]

Amharc ar fhreagra

Freagraí scríofa

The position is the Data Protection Commissioner acts independently in the performance of her tasks and exercise of her powers under the Data Protection Acts 1988 and 2003. I understand that the matter referred to by the Deputy has come to the attention of the Commissioner and that she has issued a statement in relation to the use of facial detection technology for advertising purposes. The statement is available on the website of the Office of the Data Protection Commissioner: www.dataprotection.ie.

Coroners Service

Ceisteanna (38)

James Browne

Ceist:

38. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality if she will introduce legislation to provide for mandatory inquiries by the coroner in the event of a death of a mother during childbirth; and if she will make a statement on the matter. [23687/17]

Amharc ar fhreagra

Freagraí scríofa

I can confirm to the Deputy that I intend to introduce legislation regarding maternal deaths and related matters to ensure that such deaths are subject to a coroner's inquest. That work, to which I have assigned priority, will be undertaken in consultation with the relevant stakeholders and I would acknowledge in particular the Coroners Amendment Bill 2015, a Private Member's Bill tabled by Deputy Clare Daly, in relation to this issue.

Garda College

Ceisteanna (39)

Catherine Murphy

Ceist:

39. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if she has briefed or has any contact with or from the Office of the Director of Corporate Enforcement regarding the ongoing issues relating to the historical and-or current financial arrangements at Templemore Garda College; and if she will make a statement on the matter. [23720/17]

Amharc ar fhreagra

Freagraí scríofa

As you will be aware I have indicated my concern at the findings of the Interim Internal Audit Report in relation to the financial procedures in the Garda College Templemore. As you will also be aware, the Public Accounts Committee is examining the Garda Commissioner in relation to the Interim Audit Report and intends to resume that examination in the coming weeks, and will report subsequently. Very particular responsibilities lie with Accounting Officers and you will appreciate that I must be careful not to interfere in any way with the work of that Committee. I can assure you that I will pay very careful attention to the proceedings at the Committee and, in particular, any report they may make. If action is required on my part as a result, I will not hesitate to take it. Contact of the nature outlined in the question has not arisen.

While, of course, there has to be accountability in relation to what went on at the College, the immediate priority has to be ensuring the problems identified in the audit are resolved. I have been assured that the Garda Authorities recognise the gravity of the issues raised and that they are taking comprehensive steps to progress the recommendations in the Report. External governance expertise and auditors have been engaged. A Steering Committee, chaired by the Garda Síochána Chief Administrative Officer and including a representative from my Department, is overseeing the implementation of the recommendations. In addition, upon receipt of the report I referred it to the Policing Authority to oversee the implementation of the recommendations and to report back to me each quarter. I expect the Authority to submit its first report to me in July. Furthermore I am advised that the Commissioner has requested an Assistant Commissioner to examine the Report with a view to establishing if there are any matters of discipline or criminality that need to be addressed and, if so, how such matters should be progressed.

Garda Deployment

Ceisteanna (40, 45, 46)

Jim O'Callaghan

Ceist:

40. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of personnel currently engaged in cyber crime policing in An Garda Síochána, both attested gardaí and civilians. [23744/17]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

45. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the date on which the Garda cyber crime bureau was established; the number of personnel in same to date in 2017; and the rank of each garda member involved. [23775/17]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

46. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of regional cyber crime units that have been established; the regions that have one; the number of personnel in each regional cyber crime unit to date in 2017; and the rank of each garda member involved. [23776/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 40, 45 and 46 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources within the organisation, and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that the allocation of resources 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 have requested the information sought by the Deputy from the Commissioner and I will write to the Deputy on receipt of same.

Garda Deployment

Ceisteanna (41)

Billy Kelleher

Ceist:

41. Deputy Billy Kelleher asked the Tánaiste and Minister for Justice and Equality the number of new Garda recruits assigned to each Cork division in each year since Garda recruitment resumed in 2014; and the attested personnel strength of each in September 2014 and at the end of April 2017. [23757/17]

Amharc ar fhreagra

Freagraí scríofa

As 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. I am assured by the 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. It is the responsibility of the Divisional Officer to allocate personnel within his or her Division.

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.

This plan is progressing well. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, 981 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that another 600 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - 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 every Garda Division, including the Cork Divisions in the coming years.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.

I am informed by the Commissioner that the number of new Gardaí assigned to each Cork Division each year following the resumption of Garda recruitment in 2014 and the strength of each of the Divisions concerned in September 2014 and each year up to 31 March 2017, the latest date for which figures are readily available, is as set out in the following tables.

Number of new Gardaí assigned to each Cork Division

Division

2015

2016

2017

Total

Cork City

5

5

10

20

Cork North

0

5

5

10

Cork West

5

0

5

10

Strength of each Cork Division Sept 2014 - March 2017

Division

Sept 2014

Sept 2015

Sept 2016

March 2017

Cork City

673

658

648

646

Cork North

301

298

297

304

Cork West

275

275

277

281

*As of 31 March 2017

Garda College

Ceisteanna (42, 43)

David Cullinane

Ceist:

42. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality when her attention was drawn to an interim internal audit into financial irregularities at the Garda training college; and if she will make a statement on the matter. [23760/17]

Amharc ar fhreagra

David Cullinane

Ceist:

43. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if she is satisfied that the Garda Commissioner notified her promptly and appropriately in respect of the Commissioner first coming aware of financial irregularities at the Garda training college; and if she will make a statement on the matter. [23761/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 42 and 43 together.

My Department received a copy of the draft Interim Internal Audit Report regarding the finances at the Garda College at Templemore from An Garda Síochána's Head of the Internal Audit on 16 September 2016. I understand that the draft report was sent to all interested parties for their observations before being finalised. A copy of the final Report was received by my Department from the Garda Commissioner on 27 March 2017. As I have previously indicated, the circumstances giving rise to notifications in relation to certain matters to me or my Department are primarily a matter for the judgement of the Garda Authorities, in the light of relevant legal provisions and the nature and extent of information available at a particular time.

As the Deputy will be aware I have indicated publicly my concern at the findings of the Interim Internal Audit Report. As the Deputy will also be aware the Public Accounts Committee is examining the Commissioner in relation to the Interim Audit Report and intends to resume that examination in the coming weeks, and will report subsequently. Very particular responsibilities lie with Accounting Officers and you will appreciate that I must be careful not to interfere in any way with the work of that Committee. I can assure the Deputy that I will pay very careful attention to the proceedings at the Committee and, in particular, any report they may make. If action is required on my part as a result, I will not hesitate to take it.

While, of course, there has to be accountability in relation to what went on at the College, the immediate priority has to be ensuring the problems identified in the audit are resolved. I have been assured that the Garda Authorities recognise the gravity of the issues raised and that they are taking comprehensive steps to progress the recommendations in the Report. External governance expertise and auditors have been engaged. A Steering Committee, chaired by the Garda Síochána Chief Administrative Officer and including a representative from my Department, is overseeing the implementation of the recommendations. In addition, upon receipt of the report I referred it to the Policing Authority to oversee the implementation of the recommendations and to report back to me each quarter. I expect the Authority to submit its first report to me in July.

Garda College

Ceisteanna (44)

David Cullinane

Ceist:

44. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the action she has taken since her attention was drawn to a bank account opened in the Garda training college without her permission as cited in an interim audit report; and if she will make a statement on the matter. [23762/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware I have indicated publicly my concern at the findings of the Interim Internal Audit Report in relation to the finances of the Garda College Templemore. As the Deputy will also be aware, the Public Accounts Committee is examining the Garda Commissioner in relation to the Interim Audit Report and intends to resume that examination in the coming weeks, and will report subsequently. Very particular responsibilities lie with Accounting Officers and you will appreciate that I must be careful not to interfere in any way with the work of the Committee. I can assure the Deputy that I will pay very careful attention to the proceedings at the Committee and, in particular, any report that it makes. If action is required on my part as a result, I will not hesitate to take it.

While, of course, there has to be accountability in relation to what went on at the College, the immediate priority has to be ensuring the problems identified in the audit are resolved. I have been assured that the Garda Authorities recognise the gravity of the issues raised and that they are taking comprehensive steps to progress the recommendations in the Report. External governance expertise and auditors have been engaged. A Steering Committee, chaired by the Garda Síochána Chief Administrative Officer and including a representative from my Department, is overseeing the implementation of the recommendations. In addition, upon receipt of the report I referred it to the Policing Authority to oversee the implementation of the recommendations and to report back to me each quarter. I expect the Authority to submit its first report to me in July.

Insofar as the account to which the Deputy refers is concerned, I understand that an instruction has been issued by the Garda Authorities to the relevant bank that the account should be closed.

Questions Nos. 45 and 46 answered with Question No. 40.

Domestic Violence Incidence

Ceisteanna (47)

Róisín Shortall

Ceist:

47. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to media reports that the Central Statistics Office cannot stand over Garda domestic violence figures following a detailed analysis; the steps her Department and An Garda Síochána are taking to address the under-recording of domestic violence incidents in the PULSE system; the cause of this under-recording; and if she will make a statement on the matter. [23790/17]

Amharc ar fhreagra

Freagraí scríofa

The Central Statistics Office (CSO), as the national statistics agency, is responsible for the publication of the official Recorded Crime Statistics. These figures are published on a quarterly basis, but domestic violence incidents are not currently recorded as a separate category within the classification system used for this purpose.

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 shortly.

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, including appropriate consultations with the CSO, to ensure that proper quality assurance processes are put in place, with a view to allowing for the publication of relevant statistical information in due course.

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.

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.

Garda Reports

Ceisteanna (48)

Róisín Shortall

Ceist:

48. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 80 of 4 May 2017, if she has received the promised report from the Garda authorities on this matter; if so, the conclusions of this report; the steps her Department and An Garda Síochána will take on foot of this report; and if she will make a statement on the matter. [23791/17]

Amharc ar fhreagra

Freagraí scríofa

As set out in my reply to the Deputy on 04 May 2017, my Department is in contact with the Garda authorities in relation to this matter and a full report is awaited. I will communicate further with the Deputy when this report is to hand.

Garda College

Ceisteanna (49)

Róisín Shortall

Ceist:

49. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality her views on media reports that documents discovered in Garda headquarters show her Department was informed regarding financial irregularities at Templemore in June 2008; the steps she is taking on foot of these reports; when she was informed of these irregularities; and if she will make a statement on the matter. [23792/17]

Amharc ar fhreagra

Freagraí scríofa

My Department received a copy of the draft Interim Internal Audit Report regarding the finances at the Garda College at Templemore from An Garda Síochána's Head of the Internal Audit on 16 September 2016. I understand that the draft report was sent to all interested parties for their observations before being finalised. A copy of the final Report was received by my Department from the Garda Commissioner on 27 March 2017.

As the Deputy will be aware I have indicated publicly my concern at the findings of the Interim Internal Audit Report. As the Deputy will also be aware the Public Accounts Committee is examining the Commissioner in relation to the Interim Audit Report and intends to resume that examination in the coming weeks, and will report subsequently. The Garda Commissioner has been Accounting Officer for the Garda Vote since July 2006. Very particular responsibilities lie with Accounting Officers under the law. However, I understand that this matter has already been addressed before the Committee. I can assure the Deputy that I will pay very careful attention to the proceedings at the Committee and, in particular, any report that it may make. If action is required on my part as a result, I will not hesitate to take it.

While, of course, there has to be accountability in relation to what went on at the College, the immediate priority has to be ensuring the problems identified in the audit are resolved. I have been assured that the Garda Authorities recognise the gravity of the issues raised and that they are taking comprehensive steps to progress the recommendations in the Report. External governance expertise and auditors have been engaged. A Steering Committee, chaired by the Garda Síochána Chief Administrative Officer and including a representative from my Department, is overseeing the implementation of the recommendations. In addition, upon receipt of the report I referred it to the Policing Authority to oversee the implementation of the recommendations and to report back to me each quarter. I expect the Authority to submit its first report to me in July.

Surveillance Operations

Ceisteanna (50, 51, 52)

Jim O'Callaghan

Ceist:

50. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of ministerial warrants issued under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 in each of the years 2011 to 2016 and to date in 2017; and if she will make a statement on the matter. [23818/17]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

51. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her plans to review the operation of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 in regard to covert surveillance; and if she will make a statement on the matter. [23819/17]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

52. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of Garda applications for surveillance powers that were applied for, accepted, amended and rejected by the relevant authorised officer, designated judges or Minister under the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 in each of the years 2011 to 2016 and to date in 2017; and if she will make a statement on the matter. [23820/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 50, 51 and 52 together.

It is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept, including their number. The Deputy will appreciate that this the long-standing practice, which has been followed by my predecessors, and it has been adopted for sound security reasons.

Furthermore, Section 12 of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 places a requirement on the Minister for Justice and Equality to ensure that such arrangements are in place to limit to the minimum necessary the disclosure of the fact that an authorisation has been given, and the contents of any communication which has been intercepted pursuant to an authorisation. The Act defines "necessary" as necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.

As the House will be aware, I am currently working on proposals to extend the interception regime to more modern forms of communication, particularly in the light of threats posed by organised crime gangs and terrorist groups. When the House has a chance to consider any new legislative proposals, all issues which arise in this very important area can be looked at afresh.

Immigration Status

Ceisteanna (53)

Bernard Durkan

Ceist:

53. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of residency in the case of a person (details supplied); and if she will make a statement on the matter. [23852/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order, made in August 2009, following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

An application to have the Deportation Order revoked pursuant to Section 3(11) of the Immigration Act 1999, as amended, was considered and the Deportation Order was affirmed in October 2009. The person concerned returned to his country of origin in 2010 but came back to the State in 2015.

The person concerned has sought to be re-admitted to the asylum/protection process and the initial decision in this regard is currently under review. Once a final decision has been arrived at, it will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to re-admit, or refuse to re-admit, the person concerned to the asylum/protection process.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS by email 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 might consider using the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

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