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Thursday, 22 Jun 2017

Written Answers Nos. 94-113

Departmental Contracts Data

Ceisteanna (94)

Bríd Smith

Ceist:

94. Deputy Bríd Smith asked the Minister for Foreign Affairs and Trade the monetary value of all work contracted out under the aegis of his Department to external agencies or consultancies for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff, disciplinary procedures and workplace related issues such as allegations of bullying and so on or dignity at work issues in each of the years 2015 and 2016. [29339/17]

Amharc ar fhreagra

Freagraí scríofa

There are no bodies under the aegis of my Department.

EU Meetings

Ceisteanna (95)

Brendan Smith

Ceist:

95. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the issues discussed at the recent Foreign Affairs Council; the outcome of such discussions; and if he will make a statement on the matter. [29348/17]

Amharc ar fhreagra

Freagraí scríofa

I was representing the Government at the talks in Belfast on Monday 19 June so Ireland was represented at the Foreign Affairs Council (FAC) by our Permanent Representative to the EU Mr. Declan Kelleher. Agenda items at the FAC included the EU Global Strategy, EU-NATO cooperation, counter-terrorism, the external aspects of migration and Iraq. Over a working lunch Ministers discussed recent developments in the Gulf region.

The Council took stock of progress in implementing the various strands of the EU Global Strategy ahead of a one year progress report by the High Representative to the European Council on 22-23 June. It is expected that discussion on the Global Strategy will continue at the FAC in the coming months, including identifying future priorities for implementation. The Council adopted conclusions on maritime security.

The FAC also took stock of progress on EU-NATO cooperation following the Joint EU-NATO declaration last year, and adopted Conclusions in this area. EU-NATO cooperation is essentially focussed on security. As the Conclusions re-affirmed, it is conducted with full respect for the decision-making autonomy of the two organisations and for the specific national security and defence policies of Member States.

The FAC also had a discussion on counter-terrorism, and adopted Conclusions which updated the Council Conclusions of February 2015 in light of new and emerging challenges in this area.

Ministers then had a discussion on the external aspects of migration, in light of the Partnership Framework on migration which aims to improve cooperation between the EU and third counties on addressing the crises.

Ireland was one of the Member States at the Council expressing deep concern at conditions of migrants in detention camps in Libya. Ireland also emphasised the importance of addressing the root causes and humanitarian aspects of the migration crisis.

Ministers also adopted conclusions on Iraq, which task the High Representative and the European Commission with presenting an EU strategy for engagement with the country in the period ahead.

EU Meetings

Ceisteanna (96)

Brendan Smith

Ceist:

96. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if the conditions and treatment of migrants in detention centres in Libya was raised at the recent Foreign Affairs Council; the outcome of such discussions; the proposals there are to deal with these matters; and if he will make a statement on the matter. [29382/17]

Amharc ar fhreagra

Freagraí scríofa

The ongoing migration crisis is one of the greatest challenges facing the EU, and the Union has put in place a broad range of measures to address it. These have included the relocation of migrants from Italy and Greece across the EU; generous humanitarian assistance to countries hosting large numbers of migrants; and Operation Sophia, the naval operation to address the evil trade of people- trafficking in the Mediterranean. Those measures have had a positive impact, but more needs to be done.In the past year the migration focus has shifted from Turkey and Greece to the Central Mediterranean Route, from Libya to Italy. In March, EU Heads of State and Government set out the EU’s commitment to assist Libya in their Malta Declaration. That commitment is broad-ranging including capacity building, training, and the provision of equipment and support for the Libyan national coast guard and other agencies. It also seeks to ensure that there are adequate reception capacities in Libya for migrants, including through working with the UN High Commissioner for Refugees and the International Organisation for Migration.

In April of this year the EU approved a €90 million programme to step up protection of migrants and to reinforce migration management in Libya. A key objective is to provide multi-sectoral assistance and protection to migrants, refugees and host communities in different locations inside Libya, in particular inside detention centres, at disembarkation points and in urban settings. This programme is being implemented through a number of international agencies including the UN High Commission for Refugees and UNICEF. The €90m is in addition to the €120 million already announced by the EU for migration-related support for Libya. The EU will continue to closely monitor the migration situation in Libya to see what additional support is required.

Migration was discussed at Monday’s Foreign Affairs Council (FAC) and is also on the agenda for the European Council later this week. At the FAC, Ireland was among those expressing deep concern at conditions of migrants in detention camps in Libya. We emphasised – as we have on many previous occasions - the importance of addressing the root causes and humanitarian aspects of the migration crisis if an enduring solution is to be found.

It must be acknowledged too, that without an effective, internationally recognised government in Libya, addressing the migrant crisis in the Central Mediterranean region will continue to be very difficult.

Visa Applications

Ceisteanna (97, 98)

Michael Healy-Rae

Ceist:

97. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the average length of time to process visa applications; if he will provide a breakdown between the different types of visas; and if he will make a statement on the matter. [29283/17]

Amharc ar fhreagra

Michael Healy-Rae

Ceist:

98. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of applications for visas with the INIS to date; if he will provide a breakdown of the different types of visas; and if he will make a statement on the matter. [29284/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 97 and 98 together.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the statistical information requested by the Deputy is set out in the following table. The total number of applications include those received up to the end of May (being the latest figures available), while processing dates are current as of 21 June.

I am also advised that decisions regarding the grant or refusal of visas are made in a number of INIS Visa Offices overseas, the INIS Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs and Trade which process certain visa applications under delegated sanction from my Department. The waiting times for visa decisions are published on the Visa pages of each Visa Office and Embassy website. However, it should be noted that target times for the processing of visas are established as a business target and do not constitute a legal obligation. These business targets reflect the detailed and often complex assessment that is required to be carried out in relation to applications.

As the Deputy will know, there has been an exponential increase since the second quarter of 2015 in the number of applications under the terms of the Free Movement Directive (2004/38/EC). This has given rise to a current caseload in the region of 9,000 applications overall which have to be assessed very carefully to ensure that any fraudulent applications or potential abuses of the Directive are detected and dealt with appropriately. Legal proceedings in relation to a number of similar such applications are currently before the courts, and accordingly, the Deputy will appreciate that I am greatly limited in what I can say on the matter.

More generally, the processing time for visas in each location will vary based on a number of factors such as the number of applications, seasonal pressures, the complexity of the applications, whether further information or investigation is required, and the resources available. While every effort is made to process such applications as quickly as possible, processing times inevitably vary during the year and from one location to another.

The central concern, as with all visa services worldwide, in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.

Purpose of visa applications

Number of applications received 1 Jan - 31 May 2017.

Current Processing Date

Visit

24,920

19 May

Business

8,196

30 May

Conference/Event

4,292

30 May

Join Family (under national legislation)

3,227

30 January

Join Family (EU Free Movement)

1,323

See above

Study

3,542

15 May

Employment

1,791

30 May

Re-entry

19,700

12 June

Other*

4,052

30 May

Total

71,043

* Includes training; exam; conference/event; performance//tournament and sundry applications.

Valuation Office

Ceisteanna (99)

Kevin O'Keeffe

Ceist:

99. Deputy Kevin O'Keeffe asked the Minister for Justice and Equality if he will ensure that properties and holdings currently used by horse trainers continue to be categorised as agriculture status use to ensure that the Valuation Office does not apply a rate. [29379/17]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the Valuation Acts 2001 to 2015 provide for the valuation of all commercial and industrial property for rating purposes. The Commissioner of Valuation is independent in the performance of his functions under the Acts and the making of valuations for rating is his sole responsibility. I, as Minister for Justice and Equality, have no role in decisions in this regard. Under Irish law there is a distinct separation of function between valuation of rateable property and setting and collection of commercial rates. The amount of rates payable in any calendar year is a product of the valuation set by the Commissioner, multiplied by the Annual Rate on Valuation (ARV) decided annually by the elected members of each local authority. Specifically in relation to property used in the equine industry, I am advised by the Commissioner of Valuation that no re-classification of properties from rateable status to exempt status has occurred within the general equine industry since the Valuation Act 2001 came into force on 2 May 2002. The Valuation Act 2001 (Schedule 3, Sections 1(a) and (b)) provides that all buildings and lands used or developed for any purpose, are rateable. The basic premise under the Act is that all interests (including buildings) and all developed land are rateable unless expressly exempted under Schedule 4 to the Valuation Act.

The only element of the equine industry which satisfies the exemption provisions in Schedule 4 is the breeding of horses. Buildings used for breeding of horses are classified as "farm buildings" as defined in the Act and therefore exempt from the payment of rates under paragraph 5 of Schedule 4. On the other hand, buildings used for the training of racehorses, recreational equestrian purposes or livery premises are rateable under the Act. Such buildings would typically include stables for horses, covered riding arenas, tack rooms and ancillary buildings used to support the enterprise.

While acknowledging the important contribution which all elements of the equine industry make to the economy, there are no plans to reclassify these as exempt from rates. To do so would be at variance with the provisions in the Valuation Acts which maintains the long-standing position that all property occupied and used for commercial enterprises are liable for rates. Exceptions to this key principle would quickly be followed by demands for similar treatment from the providers of other equally important services and products, which would be difficult in equity to resist. This could thus substantially reduce local authority revenues, which would have to be made good by imposing corresponding increases on the remaining ratepayers.

Having a modern valuation base is very important for the levying of commercial rates on a fair and equitable basis across all economic sectors. This has been the policy of successive governments and is the express purpose of the National Revaluation Programme now being rolled out by the Valuation Office. The Valuation Acts provide for revaluation of all rateable property within a rating authority area so as to reflect changes in value due to economic factors such as business turnover, differential movements in property values or other external factors and changes in the local business environment. The national revaluation programme's immediate objective is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted across the country, as soon as possible, on a phased basis. This is a welcome and positive development which is long overdue and on which considerable progress has been made. Where the Valuation Office proposes to enter a new valuation or amend an existing valuation on a Valuation List, there is an extensive process available to cater for ratepayers who may be dissatisfied with the proposed valuation. A dissatisfied person can make representations to the Valuation Office within 40 days of the date of issue of the proposed valuation certificate. The Valuation Office will consider any such representations and may or may not change the proposed valuation depending on the circumstances of each individual property. If any ratepayer is still dissatisfied with the final valuation to be placed on their property following consideration of the representations, they have a right to lodge a formal appeal with the Valuation Tribunal, which is an independent statutory body established for the purpose of hearing appeals against decisions of the Commissioner of Valuation.

Naturalisation Applications

Ceisteanna (100)

Bernard Durkan

Ceist:

100. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation by a person (details supplied); and if he will make a statement on the matter. [29270/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation on behalf of the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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

Prison Building Programme

Ceisteanna (101, 102)

Clare Daly

Ceist:

101. Deputy Clare Daly asked the Minister for Justice and Equality the number of tender competitions to a value of over €250,000 for construction of prisons and court buildings issued to construction companies in each of the past six years; the initial cost of each tender at contract award stage; the amount of the agreed final account or amount paid in each case; the reason for overruns; the detail of each; the specific procurement method in each tender or contract award case; and if former State employees were engaged on construction projects. [29291/17]

Amharc ar fhreagra

Clare Daly

Ceist:

102. Deputy Clare Daly asked the Minister for Justice and Equality the number of tender competitions for building construction services that were issued over each of the past six years (details supplied); the cost of each tender initially at award stage; the amount of the agreed final account or amount paid in each case; the reason and details for overruns; the specific procurement method utilised in each case; if former State employees were engaged; and the terms and conditions of engagement in each case. [29292/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 101 and 102 together.

The information requested by the Deputy could not be compiled in the time available. I will write to the Deputy directly when the information is available.

Garda Reform

Ceisteanna (103)

Mick Wallace

Ceist:

103. Deputy Mick Wallace asked the Minister for Justice and Equality further to the most recent controversies within An Garda Síochána, if he has complete confidence that the Garda Commissioner is capable of implementing the changes and reform needed within An Garda Síochána; and if he will make a statement on the matter. [29300/17]

Amharc ar fhreagra

Freagraí scríofa

I have full confidence in the Garda Commissioner as she proceeds with the implementation of the most ambitious programme of reform ever embarked on by An Garda Síochána.

Last July, the Government approved a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the Garda Inspectorate report 'Changing Policing in Ireland' and the commitments in the Programme for a Partnership Government aimed at increasing the visibility, effectiveness and responsiveness of An Garda Síochána. The Government agreed that the Garda Commissioner's Modernisation and Renewal Programme (MRP) 2016-2021 would be the vehicle for implementation of the Inspectorate recommendations aimed at the Garda organisation. In support of this plan, Budget 2017 provided funding to continue to expand the number of Gardaí towards 15,000, to double the Reserve to 2,000 and to double the number of civilians to 4,000 by 2021. In addition, the plan is supported by substantial capital investment of some €310 million in critical ICT infrastructure, the fleet and other Garda facilities.

Robust independent oversight is essential to ensuring that the pursuit of the reform programme is relentless over the next 5 years. To ensure that this is case, the 240 agreed recommendations of 'Changing Policing in Ireland' have been referred to the Policing Authority to monitor and assess their implementation by An Garda Síochána and to report progress to me on a quarterly basis. The first two progress reports from the Authority, received in January and April, have been published on my Department's website.

Priority areas include further civilianisation. This is crucial - we need to ensure that Gardaí are engaged in the work that they are trained for - policing - and not carrying out administrative and technical roles that can be done by civilian professionals. The Government has set a medium term target of 20% civilians to be achieved by 2021 to facilitate the redeployment of Gardaí to front line policing duties, and also to address critical capacity and skills gaps in An Garda Síochána in relation to HR, finance, ICT and corporate supports generally.

Other priority areas include initiatives aimed at the more effective deployment of resources, more effective supervision of front-line personnel and cultural change including:

- the roll-out of the Divisional model of policing to support the more flexible and effective deployment of resources - four pilots are in train and will be evaluated later this year;

- the roll-out of Divisional Protected Services Bureaus on a phased basis starting in three Divisions;

- the commencement of the performance appraisal framework in the third quarter with training underway at present;

- the cultural audit to provide a baseline against which cultural change in An Garda Síochána can be measured in the future will get underway shortly - An Garda Síochána has selected a company to carry out this work after a tender process. The results of the audit will be published.

I believe the only way to deliver world class policing in Ireland is to ensure that An Garda Síochána has the resources it needs and that those resources operate in an organisation whose culture is open and responsive and where the best management systems and practices are deployed. I am confident that the reform plan that is being pursued by the Commissioner, supported by the Government and overseen by the Policing Authority, has the capacity to achieve this. It will not be done overnight and it will not be done easily, but with the necessary support and oversight, it can be achieved over the next four years.

Garda Reserve

Ceisteanna (104)

Jim O'Callaghan

Ceist:

104. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the strength of the Garda Reserve; and the estimated full year cost of increasing it to 2,500. [29326/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Garda Commissioner that as of 12 May 2017, the latest date for which figures are available, there were 644 Reserve Gardaí. 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. 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.

As the Deputy will be aware service in the Garda Reserve is voluntary and unpaid. However, an allowance is payable to Reserve members who complete a minimum of 208 hours duty annually as a contribution towards expenses incurred in performing their duties. The allowance is currently set at €1,000 per annum. In addition, the uniform cost per Reserve member is in the region of €1,300. As such, should all recruits complete the minimum of 208 hours duty annually, the full year cost of increasing the strength of the Garda Reserve to 2,500 is approximately €4.3m . The costs associated with the training of the reserve members is considered part of the Garda trainers’ normal duty and is therefore not identifiable.

Garda Strength

Ceisteanna (105)

Jim O'Callaghan

Ceist:

105. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the estimated full year cost of increasing enlisted membership of An Garda Síochána to 15,000. [29327/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, decisions in relation to the provision and allocation of personnel and resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I understand from the Garda authorities that the year one cost of increasing Garda numbers to 15,000 is €34.3M, assuming a commencement date of 1st January. The annual payroll costs for these extra members would increase to €59.4m in year two as all members would be fully attested at that stage and paid at the appropriate Garda salary rate. Year one costs for new Garda recruits include a basic weekly allowance of €184. After 32 weeks of training, Garda recruits are attested and move on to the first point of the Garda pay scale €28,405, rising to a maximum of €50,448 per annum after 19 years. They may also qualify for other allowances depending on their assignments.

For the purposes of this calculation, the costs are based on basic salary plus employer PRSI but do not include any allowances that the members may be entitled to after being attested.

The cost of recruitment and training recruits are subsumed into the overall training costs of the Garda College and are not easily identifiable.

Garda Civilian Staff

Ceisteanna (106)

Jim O'Callaghan

Ceist:

106. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the estimated full year cost of providing an extra 2,000 civilian staff in An Garda Síochána. [29328/17]

Amharc ar fhreagra

Freagraí scríofa

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 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. The projected number of 4,000 civilians will effectively double the current figure on an incremental basis 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. Funding for the recruitment of up to 500 civilians has been provided for this year to support the wider reform agenda.

I am informed by the Garda Authorities that the full year cost of recruiting an additional 2000 civilian staff to An Garda Síochána is approximately €86M. I understand that this figure has been calculated based on an estimated cost per person of €43,000. The precise costs would of course depend on the profile of the personnel to be recruited in terms of their qualifications and level of responsibility within the organisation.

Departmental Contracts Data

Ceisteanna (107)

Bríd Smith

Ceist:

107. Deputy Bríd Smith asked the Minister for Justice and Equality the monetary value of all work contracted out under the aegis of his Department to external agencies or consultancies for work completed or investigations undertaken in human resources and industrial relations including hiring and interviewing of staff, disciplinary procedures and workplace related issues such as allegations of bullying and so on or dignity at work issues in each of the years 2015 and 2016. [29342/17]

Amharc ar fhreagra

Freagraí scríofa

The total monetary value of work contracted out to external agencies and consultants from my Department and agencies under my aegis for 2015 and 2016 is as follows:

Services provided

2015

2016

Workplace Investigations

€71,807

€80,839

Recruitment Services

€44,796

€127,236

Legal Services

€47,965

€42,011

Mediation/facilitation

€14,620

€10,124

Total

€179,188

€260,210

The Deputy may wish to note that the previous PQ 23959/17 outlined figures in respect of 2016 and 2017 and that due to an oversight figures from two bodies were not included in the response provided. The table outlines relevant expenditure in each of the years 2015 and 2016 from my Department and agencies under my aegis.

The Deputy may also wish to note that from time to time my Department and agencies under my aegis engage interview board members directly who would be paid a daily rate in line with relevant DPER guidelines.

Garda Information and Communications Technology

Ceisteanna (108)

Clare Daly

Ceist:

108. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the inadequate staffing levels at the Garda Information Services Centre; and if his attention has been drawn to the fact it has been the subject of discussions between his Department and the Commissioner. [29378/17]

Amharc ar fhreagra

Freagraí scríofa

The Garda Information Services Centre (GISC) is a contact centre for operational members of An Garda Síochána. After an incident, Gardaí contact GISC on mobile phones instead of returning to their station to record the case details. They give the details to trained civilian call-takers who enter the details on the PULSE system. GISC was established on a pilot basis in September 2005 and rolled out nationally by October 2006. The objectives of GISC are to increase Garda visibility, reduce Garda administrative workload and improve the data quality on PULSE. GISC is located in Michael Davitt House, Castlebar, and operates on a 24/7 basis. In addition to taking calls from Gardaí, GISC personnel also take Traffic Watch calls from the public and administer the on-line reporting of theft in order to enable its investigation by Gardaí.

I am informed by the Garda Commissioner that as of 30 April 2017, the most recent date for which figures are available, the total staffing of GISC was 187.2 full-time equivalents. The office is fully civilianised.

The Deputy will be aware that 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. The projected number of 4,000 civilians will effectively double the current figure on an incremental basis 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.

As a first step in this process, 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. 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, of which 34 relate to GISC including 3 Assistant Principal Officers, 2 Higher Executive Officers, 12 Executive Officers and 17 Clerical Officers. The recruitment of these sanctioned posts is in train.

The Assistant Principal roles were sought to fill vacancies in operationally critical roles. The remaining posts were sought in order to expand the capacity of the unit in order to roll out the recording and classification of all PULSE incidents centrally at GISC. This requirement arose from a recommendation in the Garda Inspectorate report 'Changing Policing in Ireland' in order to improve the consistency and quality of data collected, which contributes to the accuracy of crime statistics. This methodology has been piloted successfully at GISC. The implementation of this process across all areas of the country is an essential element to contribute to the improvement in the quality of the crime statistics. Clerical Officers working in GISC perform the call taking function, they work a 24/7/365 roster.

Prisoner Transfers

Ceisteanna (109)

Paul Kehoe

Ceist:

109. Deputy Paul Kehoe asked the Minister for Justice and Equality the status of the prisoner transfer scheme following the Supreme Court judgement in a case (details supplied); and if he will make a statement on the matter. [29390/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy is referring to the judgment by a majority decision of the Supreme Court on 12 July, 2016 in the case known as 'O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison'. The case concerns an appeal taken by the State against a judgement of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK, where they had been sentenced, under the provisions of the Transfer of Sentenced Prisoners Acts, 1995 -1997. The judgement is detailed and complex and has implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland, and vice versa. The practical effect of this judgement and whether it will necessitate legislative and/or administrative changes is being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. Pending legal clarity on these issues, applications by prisoners abroad for transfer to Ireland cannot be processed to a conclusion at present. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position.

Family Law Cases

Ceisteanna (110)

Michael McGrath

Ceist:

110. Deputy Michael McGrath asked the Minister for Justice and Equality if a family law court may include a condition in a court order to the effect that a person may not leave the jurisdiction with the children concerned; and if he will make a statement on the matter. [29416/17]

Amharc ar fhreagra

Freagraí scríofa

Under section 11 of the Guardianship of Infants Act 1964, the guardian of a child may apply to the court for an order giving directions on any question affecting the welfare of the child, including the custody of, and access to, the child and the payment of maintenance. Either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding custody of, or access to, the child.

In relation to the guardianship, custody or upbringing of, or access to, a child, section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in these proceedings. The best interests of a child are to be determined in accordance with Part V of the 1964 Act, inserted by section 63 of the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents. Section 25 of the 1964 Act also requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in custody and access matters, having regard to the age and understanding of the child.

Section 12A of the 1964 Act (inserted by section 58 of the Children and Family Relationships Act 2015) provides that in making any order under the Act, the court may impose such conditions as it considers to be necessary in the best interests of the child. The court may, where it considers it necessary and appropriate in order to protect the best interests of the child, including his or her right to the care and custody of both of his or her parents, impose conditions in relation to the holding of the passport of a child.

It is a matter for the courts when making orders in relation to matters such as the guardianship, custody or upbringing of, or access to, a child to consider whether or not any conditions should be attached to such orders. I have no role in the making of court orders, as this is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.

Direct Provision System

Ceisteanna (111)

Róisín Shortall

Ceist:

111. Deputy Róisín Shortall asked the Minister for Justice and Equality if his attention has been drawn to serious allegations at a direct provision reception centre (details supplied); and if he will ensure that these allegations are thoroughly investigated immediately. [29423/17]

Amharc ar fhreagra

Freagraí scríofa

Any allegations of this nature are of serious concern and need to be investigated thoroughly. The Reception and Integration Agency (RIA) of my Department referred the matter to An Garda Siochana for immediate attention, immediately on becoming aware of these allegations.

Residency Permits

Ceisteanna (112)

Bernard Durkan

Ceist:

112. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency entitlement or eligibility for medium to long-term residency in the case of a person (details supplied). [29425/17]

Amharc ar fhreagra

Freagraí scríofa

I advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in May 2017, the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The Deputy will appreciate that applications are dealt with in chronological order. My officials in INIS will contact the person concerned if further information or documentation is required.

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

Residency Permits

Ceisteanna (113)

Bernard Durkan

Ceist:

113. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to offering long-term residency with conditions in the case of a person (details supplied); and if he will make a statement on the matter. [29426/17]

Amharc ar fhreagra

Freagraí scríofa

I refer to my response to Parliamentary Question Number 43 of 26 January 2017.

As previously advised, the Irish Naturalisation and Immigration Service (INIS) of my Department informs me that it appears that both persons concerned never had permission to remain in the State and they should be aware that it is illegal for them, under the Immigration Act 2004, to remain in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both.

In addition, it is apparent that the persons concerned have failed to meet the requirements of Section 9 of the Immigration Act 2004, which sets out the obligations of non-nationals in respect of registration. Both persons concerned appear to be illegal in the State, therefore they should be advised to present themselves at their local Immigration Office within 28 days.

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.

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