Written Answers Nos 810-829
810. Deputy Clare Daly asked the Minister for Justice and Equality the provisions in place for an appointed protected disclosures contact person in the Prison Service; and if he will make a statement on the matter. [27979/17]
Amharc ar fhreagraThe Irish Prison Service Protected Disclosures Policy was approved on 31 March 2015. The policy outlines that a worker can make a protected disclosure directly to the Head of Internal Audit in the Department of Justice and Equality. The Irish Prison Service Policy is due for review this year and all aspects of the policy will be considered in the light of learnings over the past two years.
811. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the status of the case of a person (details supplied); and if he will make a statement on the matter. [27981/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy made an application to INIS, in June 2016, for permission to remain in the State as the spouse of an Irish National.
I understand that this application is currently being processed and a request for documentation was issued to the person concerned in early June 2017. A decision will issue in a timely manner on receipt of the requested documentation.
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 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 Parliamentary Question 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.
812. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the waiting time for a person who has applied for a visa and is married to an Irish citizen; and if he will make a statement on the matter. [27982/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the current processing time in the Visa Office in Dublin for a visa application to join an Irish spouse is a little under five months. Applications processed in the seven Visa Offices abroad generally have a shorter processing time.
The Policy Document on Family Reunification first published in December, 2013 contains a stated business target that visa applications to join Irish citizens should be dealt with within six months of receipt of application. However, it should be noted that this is a business target and does not constitute a legal obligation. The business target reflects the detailed and often complex assessment that is required in applications for family reunification.
While the Visa Office endeavours to have applications of this nature processed as quickly as possible, processing times for visas may vary based on a number of factors such as the number of applications, individual circumstances, the complexity of applications, whether further information or investigation is required, and the resources available. Any delay in meeting the business target in particular cases is usually associated with the need for additional documentation or where a detailed assessment of family rights under the Constitution and the European Convention on Human Rights is required.
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 (visamail@justice.ie).
813. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the average waiting time for a person who has applied for a stamp 5 work permit; and if he will make a statement on the matter. [27983/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the average processing time for a Without Condition As To Time endorsement, also known as Stamp 5, is 3 - 6 months depending on the individual circumstances of each application. Applicants who believe that they meet the qualification criteria, including those seeking a renewal, are advised to apply for the endorsement 6 months before their current permission to remain expires.
The Deputy may wish to note that work permits are associated with a Stamp 1.
Queries in relation to 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.
814. Deputy Noel Grealish asked the Minister for Justice and Equality his views on a matter (details supplied); and if he will make a statement on the matter. [28026/17]
Amharc ar fhreagraI am advised by the Irish Prison Service that the matter referred to by the Deputy relates to the circumstances surrounding the release of a prisoner from Mountjoy female Prison in May 2010 and subsequent internal operational inquiry. By way of clarification, I wish to point out that this inquiry was not a disciplinary investigation into the actions of any individual officer including the subject of this question.
As per my response to Parliamentary Question No. 96 of 28 March 2017, the inquiry in question was solely an operational matter and it was never envisaged that it would be published or furnished to any party to the inquiry. However, I note the concerns expressed by the person concerned and I am advised that arrangements are being finalised to notify the relevant parties of the conclusion of the internal inquiry.
815. Deputy John Curran asked the Minister for Justice and Equality the number of retired gardaí who are working on a contract basis for An Garda Síochána; the tasks being undertaken by these former members; the annual cost incurred; and if he will make a statement on the matter. [28032/17]
Amharc ar fhreagraI am informed by the Garda Commissioner that there are 5 retired members of An Garda Síochána who are currently contracted to work in the organisation with the titles of: Archivist (1); Armourer (1); ISO Quality Manager (1); and Temporary Senior Administrative Assistant (2). The associated Annual Gross Salary Cost is €249,718.
816. Deputy John Curran asked the Minister for Justice and Equality the position regarding the criminal justice (legal aid) Bill; and if he will make a statement on the matter. [28033/17]
Amharc ar fhreagraWork on the preparation of a draft General Scheme of a Criminal Justice (Legal Aid) Bill is at an advanced stage in my Department. The key purpose of the legislation is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions. It is my intention to seek approval of Government for the General Scheme of the Bill and submit it to the Oireachtas for pre-legislative scrutiny as early as is practicable.
817. Deputy John Curran asked the Minister for Justice and Equality if a review of the administration of justice which has been proposed by the President of the High Court has commenced; the details of this review including its terms of reference; and if he will make a statement on the matter. [28034/17]
Amharc ar fhreagraAs the Deputy may be aware, on 22 March 2017 the Tánaiste and then Minister for Justice and Equality announced that a Group, to be chaired by the President of the High Court, Mr. Justice Peter Kelly, would be set up to review and reform the administration of civil justice in the State.
The aim of the review is to examine the current administration of civil justice in the State with a view to:
(a) Improving access to justice;
(b) Reducing the cost of litigation including costs to the State;
(c) Improving procedures and practices so as to ensure timely hearings;
(d) The removal of obsolete, unnecessary or over-complex rules of procedure;
(e) Reviewing the law of discovery;
(f) Encouraging alternative methods of dispute resolution;
(g) Reviewing the use of electronic methods of communications including e-litigation;
(h) Examining the extent to which pleadings and submissions and other court documents should be available or accessible on the internet;
(i) Identifying steps to achieve more effective outcomes for court users with particular emphasis on vulnerable court users including children and young persons, impecunious litigants who ineligible for civil legal aid and wards of court.
It will take into account the body of work and range of initiatives already developed such as the 2010 report of the Law Reform Commission on Consolidation and Reform of the Courts as well as the legal costs provisions of the Legal Services Regulatory Act 2015 among others.
My Department, having lead overall responsibility for courts policy matters and for courts legislation, is currently in discussions with the President of the High Court regarding the composition and logistics of the Group. An initial preliminary meeting of the Group, which is intended to include representatives from my Department, the Courts Service, the Bar Council and the Law Society, is expected to be held in July 2017.
818. Deputy John Curran asked the Minister for Justice and Equality the number of civilians working in An Garda Síochána; the steps he is taking to meet her target of 4,000 civilians by 2021; and if he will make a statement on the matter. [28035/17]
Amharc ar fhreagraThe most recent available figure for the number of civilians working in An Garda Síochána is for 30 April 2017, at which point there were 2,098 civilian staff members working throughout the organisation carrying out senior management, administrative and technical roles.
As part of its Five Year Reform and High-level Workforce Plan for An Garda Síochána, the Government has agreed an overall vision for a Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. This very substantial investment in personnel is driven by our commitment to ensure all citizens have the reassurance of a visible, responsive and effective policing service. The projected number of 4,000 civilians will effectively double the current figure and represents a medium-term target of a Garda organisation 20% comprised of civilians. That will bring An Garda Síochána, currently 14% comprised of civilians, more in line with international norms and ensure that trained Gardaí are not engaging in administrative and technical duties which could be done by suitably qualified civilian staff.
The 20% target will be achieved through a twin-track approach of, firstly, a “civilian by default” policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant and, secondly, the redeployment of Gardaí and backfilling by suitably qualified civilians where necessary. In its 'Changing Policing in Ireland' report, the Garda Inspectorate has estimated that there may be up to 1,250 Gardaí currently in such posts and the Government’s plan aims to return as many of these Gardaí as possible to front-line duties over the next five years. With this in mind, the Garda Commissioner, in conjunction with the Policing Authority, has been requested to identify posts suitable for redeployment and to prepare a 5 year plan for reaching the 20% medium term target.
Funding for the recruitment of up to 500 civilians has been provided in Budget 2017 to facilitate the Commissioner in addressing capacity and critical skills gaps across the organisation including in corporate supports, change management, human resources and financial management at the national, regional and Divisional level. These appointments are intended to facilitate deeper civilianisation in the coming years.
To date, the Policing Authority (with the consent of the Department of Justice and Equality and the Department of Public Expenditure and Reform) has approved 137 of these positions including two new senior posts of Executive Director Strategy and Change Management and Executive Director Legal and Compliance. The Government has also agreed in principle to the positions of a Chief Information Officer. The majority of the positions sanctioned are in the areas of ICT, Human Resources, Governance and Strategy, Legal and Compliance, and Finance. 43 of the initial 137 sanctioned posts will go towards back filling vacancies created by the redeployment of Garda members to policing duties. Garda management has indicated that some 30% of the total 500 civilians to be recruited this year will lead to redeployment opportunities.
819. Deputy John Curran asked the Minister for Justice and Equality the number of Garda reservists; the steps he is taking to meet her target of 2,000 Garda Reserve members by 2021; and if he will make a statement on the matter. [28036/17]
Amharc ar fhreagra826. Deputy Catherine Martin asked the Minister for Justice and Equality the number of Garda Reserve personnel in service. [28070/17]
Amharc ar fhreagra874. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the position regarding his plans to recruit 300 Garda Reserve personnel; and if he will make a statement on the matter. [28608/17]
Amharc ar fhreagraI propose to take Questions Nos. 819, 826 and 874 together.
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.
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.
It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013 to 649 as of 30 April, 2017. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways - firstly some 200 serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointment Service have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána. I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years. With the plan to reach 15,000 Garda members well on track it was possible for the Commissioner and the Public Appointments Service to undertake a new recruitment campaign for Garda Reserves. That is now in train and will, allowing for the selection process and necessary training of successful candidates, facilitate a start to be made on strengthening of the Reserve across every Garda Division, in the coming years.
Reserve members have undergone training in many of the skills required to be an effective full-time member of An Garda Síochána and it is important that as we expand the Reserve we build on their contribution to the policing of communities right across the country and ensure that they are used to optimum effect. In this regard, I am informed that An Garda Síochána is completing an audit of the experience and skills of Reserves which, when completed will assist Garda management in considering the future role to be played by the Reserve including whether additional powers should be conferred on Reserve members.
820. Deputy Catherine Martin asked the Minister for Justice and Equality when self-catering facilities will be in operation in a centre (details supplied) in County Clare; and if he will make a statement on the matter. [28064/17]
Amharc ar fhreagraThe Reception & Integration Agency (RIA) of my Department is working closely with the Office of Public Works (OPW) on this matter and communal catering facilities will be introduced at the centre in question as soon as possible.
The Programme for Partnership Government outlines the government's commitment to reforming the system, with particular focus on families and children. This follows on from the recommendation from the McMahon Report which stated that all families should have access to cooking facilities (whether in a self-contained unit or through use of a communal kitchen).
821. Deputy Catherine Martin asked the Minister for Justice and Equality if he will define self-catering facilities in direct provision centres; and if he will make a statement on the matter. [28065/17]
Amharc ar fhreagraThere are two accommodation centres being used by my Department for the accommodation of persons in the protection process which can be classified as "self-catering". Persons accommodated in these centres are provided with accommodation for themselves and, if appropriate, their families. They are paid a higher rate of payment by the Department of Social Protection than persons in other accommodation centres. However they are responsible for the provision and cooking of their own food and light and heat. Laundry and rent expenses continue to be paid for by the State. In all other respects they are generally entitled to the same benefits (such as medical card and exemption from prescription charges) as other persons in the protection process.
There is also a system of independent living available to residents in Mosney and Ballyhaunis and this will be extended in due course to other accommodation centres in accordance with the Programme for a Partnership Government. In these centres residents are able to acquire food and other products through a food hall and prepare meals for their families as they wish. Residents in other centres are provided with food in a communal setting. All other services in State provided accommodation centres are provided by the relevant contractor as part of the contract with my Department.
822. Deputy Catherine Martin asked the Minister for Justice and Equality the number of international students registered with the Garda National Immigration Bureau between 2005 and 2011; the top five nationalities in each year; the respective numbers of registrations of each in tabular form; and if he will make a statement on the matter. [28066/17]
Amharc ar fhreagraA significant amount of the statistical data requested by the Deputy was provided in response to Parliamentary Questions 677 and 678 dated 6th June 2012. A copy of that reply is reproduced below.
It would take a disproportionate amount of staff resource time to extract the breakdown of nationalities by year as requested by the Deputy. However, I am advised by the Irish Naturalisation and Immigration Service of my Department that the top five nationalities of international students for the years in question include China, Brazil, India, Mauritius and Pakistan.
Response to PQs on 6th June 2012.
Statistics on non-EEA student registration are available from 2006. The total number of registrations on student immigration permission was 32,876 in 2006; 39,720 in 2007; 44,942 in 2008; 45,518 in 2009; 45,460 in 2010; and 46,509 in 2011. It should be noted that these figures cover both existing permissions carried over from the previous year. Students on visits of less than 90 days, however, are not included as such persons are not required to register.
At present, it is not possible to accurately differentiate between the different education sectors and levels. The Deputy will be aware that the new immigration regime for full-time non-EEA students was introduced in January 2011 and that before this date, the Internationalisation Register of courses was not categorised into Degree courses and Language or Non-Degree Courses.
However, an analysis of the student records carried out in March 2012 provides a breakdown of non-EEA students with reference to the type of course students are registered as attending. Approximately 28% of students are undertaking English language courses, 20% non-degree programmes; and 40% degree programmes. The remaining 11% includes students at secondary level, students on Graduate Schemes and those on Timed Out student permission.
823. Deputy Catherine Martin asked the Minister for Justice and Equality the number of applications received under the 2004 student probationary extension; the number of those which were successful; the top five nationalities of applicants, in tabular form; and if he will make a statement on the matter. [28067/17]
Amharc ar fhreagraThe Student Probationary Extension Scheme was one of a number of transitional measures included in the package of student immigration reforms which were introduced from January 2011. The Scheme allowed qualifying persons (i.e. those who had a valid student permission to be in Ireland and who had begun their educational course prior to 1 January 2005) to apply for a more permanent immigration permission following a two year probationary period. Two thousand seven hundred and seventy six (2,776) persons were admitted to the scheme of which two thousand three hundred and ninety three (2,393) were successful. Information was not directly collected on the nationality of the persons admitted to the scheme and it would therefore constitute a disproportionate use of time and resources to provide the information sought on the nationalities of applicants.
824. Deputy Catherine Martin asked the Minister for Justice and Equality the future domestic steps which need to be taken in order for Ireland to ratify the Istanbul Convention on Preventing and Combating Violence Against Women and Domestic Violence; when Ireland will ratify same; and if he will make a statement on the matter. [28068/17]
Amharc ar fhreagraThis Government is totally committed to tackling domestic violence, as am I as Minister for Justice and Equality.
The Programme for Government commits to full implementation of the Istanbul Convention. This Convention is a significant legal instrument in tackling violence against women and domestic violence. Many of the actions required by provisions in the Istanbul Convention are being implemented on a daily basis under current legislation and administrative practice. The 18 actions necessary to ratify the Istanbul Convention are contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021, published in January, 2016.
A number of actions are completed. Of the outstanding actions six are administrative including public sector training/education by a range of State agencies, the development of a Risk Assessment Matrix by An Garda Síochána, commissioning of a national helpline service to respond to issues of domestic and sexual violence, and support for child witnesses. Work on implementing these actions is progressing on schedule to be implemented by the end of 2017.
The remaining actions are legislative and require delivery of three pieces of legislation:
i) The Domestic Violence Bill which was published on 3 February 2017 and is at Committee Stage in the Seanad. The Bill is a key action towards ratifying the Istanbul Convention and its enactment will deliver four Istanbul actions.
ii) The Victims Bill (which delivers one action) passed Committee Stage in May of this year.
iii) The one remaining legislative action is the enactment of legislation for extraterritorial jurisdiction. Work on this action is underway in order to meet the timescale for this action which is quarter 4 2017.
When the required actions are implemented, Ireland will be in a position to ratify the Convention. The intended timeframe for this is Q1 2018.
825. Deputy Catherine Martin asked the Minister for Justice and Equality the number of gardaí in service; the number in training; and if he will make a statement on the matter. [28069/17]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Garda Commissioner that on 30 April 2017, the latest date for which figures are currently available, the strength of An Garda Síochána was 13,156.
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.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that as of 6 June 2017 there are 605 student Gardaí attending the Garda College for phase 1 training who 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.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
827. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the average age of the life sentence prisoners committed to prison in 2016; the average age of the life sentence prisoners released in 2016; and if he will make a statement on the matter. [28110/17]
Amharc ar fhreagraI wish to inform Deputy that the average age of persons committed to prison in 2016 for a life sentence of imprisonment starting in 2016 is 29 years. The average age of prisoners serving a life sentence released into the community in 2016 on licence under the supervision of the Probation Service is 54.5 years.
The IPS works in close partnership with the Probation Service and An Garda Síochána in respect of the management of life sentenced 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.
828. Deputy Timmy Dooley asked the Minister for Justice and Equality the amount spent by his Department on designing, implementing and supporting the Eircode system in each of the years 2011 to 2016 and to date in 2017, in tabular form. [28143/17]
Amharc ar fhreagraI can confirm that there were no additional costs involved in upgrading information and communications systems and databases in my Department to facilitate the use of Eircodes. This work was carried out by staff in my Department's ICT Division as part of routine systems updates.
