Tuesday, 20 Jun 2017

Written Answers Nos. 791-809

Coroners Service

Ceisteanna (791)

Michael Healy-Rae

Ceist:

791. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a death certificate for a person (details supplied); and if he will make a statement on the matter. [27541/17]

Freagraí scríofa

Minister for Justice and Equality

The legislation governing how coroners operate is the Coroners Act, 1962. Under this legislation a coroner is a statutory officer exercising quasi-judicial functions, in relation to which he or she is independent. The coroner is responsible for the scheduling and conduct of inquests in his or her district. There may be a number of factors which give rise to delays in the completion of the inquest and the subsequent notification to the Registrar of the details necessary for the issuing of a death certificate. Neither I, nor my Department, has any role in that regard and the Deputy may wish to contact the relevant coroner's office.

Emergency Planning

Ceisteanna (792)

Jim O'Callaghan

Ceist:

792. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if An Garda Síochána has participated in planned live field exercises with the Defence Forces with a view to assessing the State’s contingency capability for effective co-ordinated responses to terrorist incidents and ensuring it is fit for purpose; if so, if such exercises have been followed by immediate professional lessons identified and lessons learned processes; the number of times such exercises have taken place in 2016 and to date 2017; the number of Garda personnel involved in each of the exercises; and if such exercises are planned in the future. [27582/17]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will appreciate that it is generally not the practice to disclose the detail of the security arrangements that are in place to deal with threats to the State, including the threat from international terrorism. However, I want to assure the Deputy and the House that, contrary to what can only be described as unhelpful recent public commentary, the Garda and Defence Forces Authorities work together on an ongoing basis to ensure preparedness for effective responses to terrorist incidents.

This work takes place bilaterally at strategic and operational levels between the Gardaí and Defence Forces and it is also pursued in the broader context of the State's overall framework for Major Emergency Management that ensure cross-agency co-ordination.

Of its nature, the detail of much of this work should not be disclosed publicly, but the Deputy should be assured that it goes on continuously. I am however, happy to confirm to the Deputy that joint training and scenario-based exercises have been and are conducted, and that these arrangements are carried out and followed-up in accordance with best practice.

It is also important to note that overall national emergency management arrangements are in place, involving all the different agencies of the State. Overseen by the Government Task Force on Emergency Planning and co-ordinated by the Office of Emergency Planning, all the various agencies and bodies continue to work together in supporting co-ordinated responses to any incident that might arise. A feature of the emergency planning framework is the conduct of multi-agency exercises to test and to enhance preparedness, and exercises in respect of terrorist incidents have been and will continue to be included in those arrangements. Once again such exercises are conducted in accordance with best practice.

Refugee Status Applications

Ceisteanna (793)

Jonathan O'Brien

Ceist:

793. Deputy Jonathan O'Brien asked the Minister for Justice and Equality when a decision will be made on the application for refugee status subsidiary protection by a person (details supplied). [27601/17]

Freagraí scríofa

Minister for Justice and Equality

The International Protection Act, 2015, was commenced on 31 December 2016. Under the Act, a new single application procedure was introduced under which all aspects of a person's claim (asylum, subsidiary protection and permission to remain) are considered together by the International Protection Office (IPO) rather than sequentially as heretofore. The IPO replaced the Office of the Refugee Applications Commissioner (ORAC) from the commencement date. The Chief International Protection Officer (CIPO) and the International Protection Officers in the IPO are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants, as set out in Section 26 of the 2015 Act.

If an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant should contact the International Protection Office directly either by email to [e-mail], by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to the Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

For your information, on 27 February 2017 the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications for International Protection under the International Protection Act 2015. The IPO statement in relation to the prioritisation of applications is available on their website (www.ipo.gov.ie).

Garda Data

Ceisteanna (794, 795, 796, 888)

Thomas P. Broughan

Ceist:

794. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí in each district in the Dublin region that have been trained in use of a device (details supplied) and are currently carrying out such tests; and if he will make a statement on the matter. [27693/17]

Thomas P. Broughan

Ceist:

795. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí in each district that have been trained in use of a device (details supplied) and are currently carrying out such tests; and if he will make a statement on the matter. [27694/17]

Thomas P. Broughan

Ceist:

796. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of roadside drug tests carried out by county, by week to date in 2017; the number of drug tests carried out in Garda stations, by county, by week to date in 2017; the number of positives by county; the number that have progressed to blood test following a positive sample; and if he will make a statement on the matter. [27695/17]

Thomas P. Broughan

Ceist:

888. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to parliamentary Question No. 145 of 4 April 2017, if the report from An Garda Síochána is now to hand; and if he will make a statement on the matter. [28980/17]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 794 to 796, inclusive, and 888 together.

I have requested the specific information sought by the Deputy from the Garda authorities and will contact the Deputy directly on receipt of a Garda report.

While An Garda Síochána has been testing Irish drivers for drugs, with the assistance of the Medical Bureau of Road Safety (MBRS), since 1999, the Deputy will be aware that my colleague, the Minister for Transport, Tourism and Sport, commenced the drug driving provisions in the Road Traffic Act 2016 on 12 April 2017. One of the key measures in the legislation provides for Preliminary Drug Testing, which will enable Gardaí to test motorists at the roadside, whom they suspect of driving under the influence of drugs, and An Garda Síochána can now establish roadside checkpoints, known as Mandatory Impairment Checkpoints (MITs), to test drivers for the presence of both alcohol and drugs.

The new drug testing devices (Dräger DrugTest 5000) involve testing a sample of a driver’s oral fluid (saliva) for the presence of cannabis, cocaine, opiates (e.g. heroin, morphine) and benzodiazepines (e.g. valium). The new devices will also be available in Garda stations. The MBRS has found that of the 3,020 specimens of blood and urine that it received in 2016, 24% confirmed positive for drugs other than alcohol. Of these, 91% were specimens from male drivers, most of whom were in the 17-44 year age range. Cannabis was the most prevalent drug detected, followed by benzodiazepines.

The MBRS recently informed me at the May meeting of the Ministerial Committee on Road Safety that a tender for new preliminary breath testing equipment is now live and it is hoped that all stages of the process will be completed by early 2018. New equipment, which is available in the market place, has the capacity to record the time, GPS location and number of persons breath-tested, and has the capacity to download the information automatically, reducing the chances of errors occurring in the data.

To support the introduction of Preliminary Drug Testing, I am advised that the Road Safety Authority is running a comprehensive online media campaign, targeting the use of illicit drugs in the 18 to 34 year old age bracket, to raise awareness of the new Garda drug-testing powers. This campaign will primarily feature videos which demonstrate how the drug tests will be administered on the road side and the consequences should a driver be detected driving under the influence of drugs. This awareness campaign will run on social media, radio and digital platforms. The Road Safety Authority is also running a parallel campaign, aimed at allaying the concerns of those taking medicines and driving (over the counter and prescription drugs). Specifically, the Road Safety Authority is putting information leaflets into pharmacies and doctors’ surgeries nationwide.

It is estimated that drug driving is a factor in approximately one in ten fatal crashers. Drug driving not only puts the driver at risk but also passengers and other road users. The introduction of Preliminary Drug Testing strengthens the ability of Gardaí to tackle drug driving.

Proposed Legislation

Ceisteanna (797)

Thomas P. Broughan

Ceist:

797. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to legislate to reform the archaic laws of maintenance and champerty; and if he will make a statement on the matter. [27696/17]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will know, maintenance is the giving of financial assistance or encouragement to a party to litigation by a person who has neither an interest in the litigation nor any motive recognised by the law as justifying interference and champerty is an aggravated form of maintenance as it involves the support of litigation by a non-party in return for a share of the proceeds. The Statute Law Revision Act 2007 specifically retained in existence, in Irish Law, the torts and offences of maintenance and champerty.

Under current law, actions comprising maintenance and/or champerty in Ireland are considered to be contrary to public policy in that inter alia they may assist in the development of a market in legal claims thereby promoting litigation for the benefit of the promoter rather than the litigant and are considered to have the potential to create a substantial injustice to a defendant in an action. Maintenance and champerty are not permitted as a matter of Irish law regardless of the extent of the control exercised over the conduct of the litigation by the funder. On 23 May 2017 the Supreme Court confirmed, in its consideration of an earlier High Court ruling in the case of Persona Digital Telephony Ltd. and others v The Minister for Public Enterprise, Attorney General and others, that professional third party funding continues to offend against the rules of maintenance and champerty. At the same time, I am aware that the Supreme Court also took the opportunity on that occasion to raise some broader aspects of the policy approach to this area including in terms of the potential for new legislation.

I am also aware that some change has been taking place under the law in other jurisdictions and that this has generated public debate. For example, the torts and crimes of maintenance and champerty were abolished in England and Wales under the Criminal Law Act of 1967 and I am also aware that a number of States in Australia have since followed suit. In contrast, however, I note that New Zealand has favoured the retention of maintenance and champerty, a position which would be more aligned with current public policy in this jurisdiction.

Clearly, any change to public policy in relation to maintenance and champerty would require detailed and balanced consideration. I am, therefore, pleased to note the publication by the Law Reform Commission in June 2016 of its Issues Paper on "Contempt of Court and Other Offences and Torts Involving the Administration of Justice". Under Issue 6 of that paper, the Commission has opened up the retention of the crimes and torts of maintenance and champerty to public consultation along with the related question of whether third-party funding of litigation should be permitted. As with the recent judgement of the Supreme Court to which I have referred, any report and recommendations that come to be made by the Law Reform Commission in relation to maintenance and champerty will be fully considered by my Department and by the Government in due course.

Departmental Expenditure

Ceisteanna (798)

Robert Troy

Ceist:

798. Deputy Robert Troy asked the Minister for Justice and Equality the amount his Department or a body under its aegis has paid to a company (details supplied) for advice, the use of intellectual property and other services. [27713/17]

Freagraí scríofa

Minister for Justice and Equality

I can confirm that my department has not engaged the services of the company referred to by the Deputy during the period January 2011 to date.

In respect of bodies operating under the aegis of my department, I am informed that the Legal Aid Board paid €20,584.71 in 2013 to the company referred to by the Deputy for consultancy on a research project.

Naturalisation Applications

Ceisteanna (799)

Niamh Smyth

Ceist:

799. Deputy Niamh Smyth asked the Minister for Justice and Equality the status of a stamp 4 visa for a person (details supplied); and if he will make a statement on the matter. [27742/17]

Freagraí scríofa

Minister for Justice and Equality

I have been informed by the Irish Naturalisation & Immigration Service (INIS) of my Department that the person concerned is currently registered in the State under Stamp 3 conditions. INIS has no record of an application being received from this person requesting a change of status on family dependency grounds to a Stamp 4.

Queries on the status of individual immigration cases may be made directly to 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 may consider using the email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Drugs Seizures

Ceisteanna (800)

Pearse Doherty

Ceist:

800. Deputy Pearse Doherty asked the Minister for Justice and Equality when a reply to parliamentary Question No. 112 of 23 February 2017 will issue from An Garda Síochána. [27745/17]

Freagraí scríofa

Minister for Justice and Equality

I wish to advise the Deputy that the information requested is not available from An Garda Síochána at this time. However, I will provide the information as soon as I receive the report from the Garda authorities on the matter raised and will write to the Deputy again.

Naturalisation Applications

Ceisteanna (801)

Niamh Smyth

Ceist:

801. Deputy Niamh Smyth asked the Minister for Justice and Equality the status of a visa for persons (details supplied); and if he will make a statement on the matter. [27823/17]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned made applications for a residence card, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015, on 29 January 2016.

I am further informed that these applications are currently under consideration at INIS. It is anticipated that decisions regarding the specified applications will issue shortly.

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 [e-mail].

Garda Vetting of Personnel

Ceisteanna (802)

Jonathan O'Brien

Ceist:

802. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if his attention has been drawn to the fact that the HSE Garda vetting unit has advised this Deputy that they will not be carrying out Garda vetting on transport providers or drivers in view of the fact that they are not direct employees of the HSE; if his attention has been further drawn to the fact that it has advised that it is up to the transport providers to supply Garda vetting to the HSE when contracts are being signed; the options available to persons that will be working with the HSE but will not be direct employees; and if he will make a statement on the matter. [27928/17]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Garda Authorities that in accordance with the provisions of section 12 of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 it is a matter for a relevant organisation, in this case the HSE, entering into a contract for services for relevant work to secure vetting disclosures.

Brexit Issues

Ceisteanna (803, 804, 805, 807, 808)

Robert Troy

Ceist:

803. Deputy Robert Troy asked the Minister for Justice and Equality the countries covered in the British-Irish visa scheme or other visa schemes Ireland has in conjunction with the UK with third countries; and the dates at which the agreements are due to expire. [27929/17]

Robert Troy

Ceist:

804. Deputy Robert Troy asked the Minister for Justice and Equality if he or his officials have met with her UK counterpart to discuss the impact of Brexit on the British-Irish visa scheme; his views on whether Brexit will invalidate the scheme; and if he will make a statement on the matter. [27930/17]

Robert Troy

Ceist:

805. Deputy Robert Troy asked the Minister for Justice and Equality if his Department is examining the possibility of a new visa free entry scheme with China and India in view of the threats to the British-Irish visa scheme posed by Brexit. [27931/17]

Robert Troy

Ceist:

807. Deputy Robert Troy asked the Minister for Justice and Equality if his officials have met with their UK counterparts to discuss the impact of Brexit on the Irish short stay visa waiver programme; his views on whether Brexit will invalidate the scheme; and if he will make a statement on the matter. [28111/17]

Robert Troy

Ceist:

808. Deputy Robert Troy asked the Minister for Justice and Equality if he is exploring the possibility of a new visa free entry scheme (details supplied) in view of the threats to the Irish short stay visa waiver programme posed by Brexit. [28112/17]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 803 to 805, inclusive, 807 and 808 together.

The British Irish Visa Scheme (BIVS) is underpinned by a Memorandum of Understanding drawn up between my Department and the UK Home Office. Its purpose is two fold – firstly, to make it easier for short stay travellers, including those coming for tourism and business, to visit both Ireland and the UK (and the North and South of the Island) without the need for two separate visas; secondly, it enhances the security of the Common Travel Area through sharing of biometric and biographical data in respect of the applicants from the countries that are part of the scheme.

It is also important to note that the visa regime in Ireland (and the UK) is a national competency as neither of our countries participate in the border aspects of the Schengen Acquis. Thus, it would not be expected to directly feature in any article 50 negotiations.

I should point out that in the context of 'Brexit', while it is not possible at this juncture to say what arrangements will apply between the UK and the EU in general (as this will ultimately be a matter that will feature within the negotiation process), what I can make clear is that we will continue to maintain and enhance cooperation with the UK in relation to the operation of the Common Travel Area, including the operation of the visa regime.

Both the Irish and UK Governments have publicly declared their commitment to maintaining the Common Travel Area and to ensuring that there will be no return to a so-called 'hard border' on the island of Ireland. Furthermore, the EU Negotiation Guidelines adopted by the European Council on 29 April refer to the Union's commitment to the unique circumstances of the island of Ireland including the aim of avoiding a hard border. The Guidelines also state that the Union should recognise existing bilateral agreements and arrangements between the UK and Ireland which are compatible with EU law.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the BIVS operates in China and India. There is no expiry period established for the Scheme. Rather, it is the intention to complete the formal evaluation of the Scheme very shortly and agree with the UK authorities on its future roll-out to other countries.

The BIVS builds on the success of Ireland's Short Stay Visa Waiver Programme which was first introduced in 2011, and extended last October for a further five years to 31st October, 2021. The Programme allows nationals of the 18 countries listed in the table below to travel to Ireland for a short stay using a valid UK visit. This is an Irish initiative and is not reciprocated by the UK as it is expected that over time the BIVS will supersede the Waiver Programme. Again, it is not envisaged that the Brexit negotiations will impinge on these arrangements.

Short Stay Visa Waiver Programme countries:

Countries	-	-
Bahrain	Belarus	Bosnia and Herzegovina
India	Kazakhstan	Kuwait
Montenegro	Oman	People's Republic of China
Qatar	Russian Federation	Saudi Arabia
Serbia	Thailand	Turkey
Ukraine	United Arab Emirates	Uzbekistan

Regular meetings to discuss immigration matters relating to the Common Travel Area, including the operation of visa arrangements between our jurisdictions, have taken place between my Department and the UK Home Office and these are scheduled to continue. Such meetings have included contact at both Ministerial and official level. This co-operation is indeed exemplified by the operation of the British Irish Visa Scheme which has been a major success in attracting increased visitor numbers from the countries involved.

Appointments to State Boards

Ceisteanna (806)

Eamon Ryan

Ceist:

806. Deputy Eamon Ryan asked the Minister for Justice and Equality if any former TDs have been appointed to State boards under his remit by the public appointments service; if so, the names and positions of same; and if he will make a statement on the matter. [28218/17]

Freagraí scríofa

Minister for Justice and Equality

I can confirm that, following consultation with all bodies under the aegis of my department, no former TDs have been appointed to State boards under my remit by the Public Appointments Service.

Questions Nos. 807 and 808 answered with Question No. 803.

Tribunals of Inquiry

Ceisteanna (809)

Jonathan O'Brien

Ceist:

809. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if he has discussed the status of investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Moriarty tribunal with the Garda Commissioner or with other persons in her Department in 2017; the stage these investigations are at; the timeframe for a decision to be made; and if he will make a statement on the matter. [27945/17]

Freagraí scríofa

Minister for Justice and Equality

There are ongoing contacts between my Department and the Garda authorities in relation to the matters in question, so as to ensure that the Department is updated on any significant developments. I am advised that relevant liaison is maintained by Gardaí with the Office of the Director of Public Prosecutions.

The Deputy will appreciate that investigations of the matters in question may involve very extensive interviews and enquiries. While I do of course appreciate public concern about these matters, I am advised that the overriding concern for An Garda Síochána is to ensure that these investigations are carried out as comprehensively and effectively as possible.

As the Deputy is aware, the consideration of any criminal investigations is clearly a matter for the Garda authorities, and likewise it is a matter for the DPP to decide, independently, if any charges should be brought. It is not open to me, as Minister, to set deadlines in relation to these matters and it would be most inappropriate to attempt to go into the detail of ongoing Garda inquiries.