Written Answers Nos. 451-470
451. Deputy Clare Daly asked the Minister for Justice and Equality the number of type 2 and 2A visas issued by each Garda division in each of the years 2011 to 2016, and to date in 2017, in tabular form. [35113/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service of my Department that, in the time available, it has not been possible to compile the information requested by the Deputy. I will write to the Deputy again when the information is available.
452. Deputy Ruth Coppinger asked the Minister for Justice and Equality his views as to whether there can be improvements in communications and updates to applicants for naturalisation, in particular in cases in which applications take longer than a year (details supplied); and if he will make a statement on the matter. [35129/17]
Amharc ar fhreagraThe Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) of my Department attempts to keep applicants informed of the status of their application at each stage of processing. Once these processes are completed the application is submitted to me for a decision, which is made in my absolute discretion under the Act by assessing the entirety of the information available to me. Applicants are then informed of my decision in writing. Successful applicants are advised by letter of my intention to grant citizenship and they are requested to submit the prescribed fee and any other relevant documents. On receipt of the fee and requested documentation the case is advanced and in due course the person is invited to attend a citizenship ceremony at which they are required to make a declaration of fidelity to the Irish nation and loyalty to the State and receive their certificate of naturalisation.
I am informed that the Citizenship Division is conducting an ongoing review of outstanding cases with a view to substantially reducing the number of applications which await decision, particularly in cases where the applicant has not been engaging with the office, and that they also continue to monitor their customer services based on feedback they have received from applicants and are happy to introduce improvements where this is 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. All applications are examined to determine if the applicant meets the statutory criteria set out in the Irish Nationality and Citizenship Act 1956, as amended, such as good character and lawful residence and enquiries are made, as appropriate, to establish if the applicant meets the requirements for the granting of naturalisation. 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 may take longer than others to process. In some instances, completing the necessary checks may take a considerable period of time.
Cases where delays in processing can arise are generally due to further documentation being required from the applicant and/or payment of the required certificate fee is awaited, or the applicant has not been engaging with the office. In some instances delays can arise at the final stage of the naturalisation process, for example where additional information comes to light which requires further investigation. In other instances the applicant may request that a hold be put on their application, for example where they may have returned to their country of origin for a prolonged period, to facilitate them in making arrangements to return to reside in the State, or where they have difficulty in obtaining satisfactory evidence of their identity or nationality.
453. Deputy Michael McGrath asked the Minister for Justice and Equality further to section 115A of the Personal Insolvency Act 2012 and section 21 of the Personal Insolvency (Amendment) Act 2015, the number of appeals to the court regarding the rejection of an insolvency proposal by a creditor submitted to date in 2017; the details of the outcome in each; and if he will make a statement on the matter. [35130/17]
Amharc ar fhreagraThe Insolvency Service of Ireland (ISI) has confirmed that as of 14 July 2017, 463 review applications under s.115A of the Personal Insolvency Acts have been notified to the ISI. 448 of these were initiated in the Circuit Court, and 15 were initiated in the High Court.
A breakdown of the 463 applications is as follows:
- 254 are currently being administered by the Courts Service (there has been an initial hearing but new affidavits or additional material have been requested so there is an adjournment to allow for filing of same in advance of a full hearing).
- 54 cases are awaiting an initial court hearing.
- 43 have been approved.
- 91 have been rejected (it should be noted however that in 43 of these, the application was rejected by consent of both parties: this outcome often results from settlement negotiations between the parties where an alternative solution agreed by the debtor is put in place).
- 21 have been withdrawn or struck out by the debtor (again, it should be noted that these outcomes may often result from successful settlement negotiations between the parties).
There have also been 24 appeals to the High Court from decisions made by the Circuit Court under s.115A. 21 decisions have been appealed by the debtor and 3 appealed by the creditor.
Of the debtor appellants:
- 2 appeals have been approved.
- 9 have been rejected (2 were on joint debtor/creditor consent).
- 3 have been withdrawn or struck out.
As noted earlier, the latter outcomes may often result from successful settlement negotiations between the parties.
- 7 have yet to be heard.
Of the creditor appellants:
- 2 appeals have been approved.
- 1 has yet to be heard.
The early decisions referred to above, particularly from the High Court on appeal, have also clarified a number of important issues - both procedural and substantive - regarding the legal position of debtors and creditors regarding mortgage arrears on a home.
For example, two High Court judgments on appeal, delivered on 21 February 2017 and on 22 May 2017, considered important issues regarding, respectively, the need for consent to a personal insolvency arrangement from an ex-spouse who is a co-owner and co-mortgagor of the home but is not contributing to the mortgage, and the court’s assessment of the reasonableness of proposals made under the Personal Insolvency Acts, including a proposal for so-called ‘warehousing’.
I am very pleased to see that the conduct of these critical s.115A review processes through the courts has now become a fully operational feature within the personal insolvency arrangement process, and that it is working in line with what was intended when these important legislative changes were made in 2015.
At the end of the day, Government policy in this area is about attempting to ensure that maximum use is made of the critical PIA option and, ultimately, about keeping people in their homes where at all possible. It is evident, from the jurisprudence developing on the application of s.115A, that a number of people are now in PIA arrangements which would formally have been subject to final rejection by the creditors.
The jurisprudence in this area also has a wider importance, as it clarifies the range of statutory solutions available to borrowers in mortgage arrears on their home, significantly developing the legal framework within which both informal solutions, and statutory solutions, are worked out and negotiated in the future.
455. Deputy Imelda Munster asked the Minister for Justice and Equality his plans to require An Garda Síochána to record crimes involving rickshaws specifically rather than under the category of bicycle crime for the purposes of identifying trends in certain crimes; and if he will make a statement on the matter. [35166/17]
Amharc ar fhreagraI wish to thank the Deputy for her clarification and acknowledge that she is referring to specifically recording any criminal offence by someone operating a rickshaw at the time of the alleged offence.
The operation of the Garda PULSE system is a matter for the Garda Commissioner and I have no direct role in its administration. However, I am advised that An Garda Síochána records criminal incidents based on the offence type as per Irish Crime Classification System (ICCSq), and as such it would not be appropriate to create a 'rickshaw' category as this does not related to a specific criminal offence.
I published the report of the CSO-led expert group on Crime Statistics yesterday and one of the results of that group's work is that a high level liaison group has been established between the CSO and An Garda Síochána, where the classification of crimes, amongst other issues, can be discussed.
I appreciate the value to be gained in identifying any crime trends around the use of rickshaws and have sought a Garda report on the matter and will contact you directly once this is to hand.
456. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí by rank in the community policing unit in the Garda R and J districts in 2015 and 2016 and to date in 2017; and if he will make a statement on the matter. [35171/17]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. Furthermore when allocations are taking place comprehensive consultation is carried out with local management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
The Commissioner has advised that all Gardaí, not simply designated Community Gardaí, have a role to play in addressing community policing issues as and when the need arises and, in that sense, community policing involves far more than a single unit within An Garda Síochána.
I am further informed by the Commissioner that the Garda R and J Districts form part of the Dublin Metropolitan Region (DMR) North Division and as of the 30 June 2017, there were 656 Gardaí attached to the DMR North Division. There are also 49 Garda Reserves and 38 civilians attached to the DMR North Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, almost 1,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 90 of whom have been assigned to the DMR North Division. I am also informed that another 400 trainee Gardaí 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 including Community Gardaí across every Garda Division in the coming years.
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.
For ease of reference, I have provided below the detailed information requested in relation to the number of Community Gardaí assigned to the Garda R and J Districts in 2015 to 2016, as supplied by the Commissioner. I have requested the information sought by the Deputy from the Garda Commissioner in relation to 2017 and I will write to the Deputy on receipt of same.
|
Community Garda 31/12/2015 |
||||
|
District |
Station |
Sergeant |
Garda |
Total |
|
R District |
Coolock |
2 |
14 |
16 |
|
Malahide |
0 |
5 |
5 |
|
|
Swords |
0 |
9 |
9 |
|
|
TOTAL |
2 |
28 |
30 |
|
|
J District |
Raheny |
1 |
6 |
7 |
|
Clontarf |
0 |
5 |
5 |
|
|
Howth |
0 |
3 |
3 |
|
|
TOTAL |
1 |
14 |
15 |
|
|
Community Garda 31/12/2016 |
||||
|
District |
Station |
Sergeant |
Garda |
Total |
|
R District |
Coolock |
2 |
12 |
14 |
|
Malahide |
0 |
4 |
4 |
|
|
Swords |
1 |
9 |
10 |
|
|
TOTAL |
3 |
25 |
28 |
|
|
J District |
Raheny |
1 |
4 |
5 |
|
Clontarf |
0 |
5 |
5 |
|
|
Howth |
0 |
3 |
3 |
|
|
TOTAL |
1 |
12 |
13 |
|
The deferred reply under Standing Order 42A was forwarded to the Deputy.
457. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the full-year cost of operating the Office for Internet Safety. [35203/17]
Amharc ar fhreagraAs the Deputy may be aware, the Office for Internet Safety (OIS) operates on an administrative basis within my Department. The costs relate primarily to staff pay costs and are absorbed in the general departmental budget.
458. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality when a person (details supplied) will receive a decision on their residency application; and if he will make a statement on the matter. [35207/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Services (INIS) of my Department that 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 application was received in the relevant section of the INIS on 15 November 2016. A letter issued to the person concerned to advise them of the outcome of their application on 18 July 2017.
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 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.
459. Deputy Clare Daly asked the Minister for Justice and Equality the number of workshops and classes available in Wheatfield Place of Detention; the names of the workshops and classes; the days on which each of these were open or closed in May and June 2017, in tabular form; and if he will make a statement on the matter. [35208/17]
Amharc ar fhreagraI am advised that the Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that includes education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all people in custody are eligible to use the services.
The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2016 - 2018. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
As well as seeking to draw on best practice in adult and further education in the community, there has been a lot of curriculum development over the years that is specific to prison circumstances, such as courses on addiction, health issues and offending behaviour.
The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Prison Service through the Education and Training Boards (ETB). Education in prisons is delivered in partnership between the ETBs and the Irish Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning. The partnership endeavours to meet the needs of students through helping them cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer led tutoring to Open University. There is an increasing focus on QQI accreditation as the modular structure best meets the needs of students in prison. On some occasions, people in custody may have to wait for a place to become available on an educational programme.
Specifically in relation to Wheatfield Place of Detention, I am advised by the Irish Prison Service that Wheatfield School was closed on the following days in May and June due to officer shortages: Friday 12th May, Friday 26th May, Thursday 29th June and Friday 30th June. However, Wheatfield Prison management have always endeavoured to keep Wheatfield School open.
The classes available in Wheatfield include Open University Study Skills, Literacy, English for Junior Cert, Spelling, QQI Computers, General Art, QQI Art, Multi-Media, QQI Pottery, Geography for Junior Cert, Beginners Irish, Communications, Mosaics, Online Learning Consortium (OLC) Graphics, Parents Plus, Crime Awareness, Personal Effectiveness, Creative Writing, Yoga, Drama, Spanish for Beginners, English Speaking for Other Languages (ESOL), Gym, Pyrography, Drawing, Computer Aided Design (CAD), Tech Graphics, Relaxation Techniques, QQI Visual Art, Leaving Cert Maths, Guitar for Beginners, Music Theory, Pre Release Class, Leather, Fabric/Crafts, Horticulture and Statistics.
On Mondays and Tuesdays there are four class timeslots commencing at 9:15am, 10:30am, 2:15pm and 5.30pm. On Wednesdays, Thursdays and Fridays, there are three class timeslots commencing at 9:15am, 10:30am and 2.15pm.
Below are details of the 15 training workshops available in Wheatfield, the skills areas taught in each of them and the number of sessions in which the workshops were open or closed in May and June this year.
Wheatfield Workshop List and Open/Closed Sessions (a session is a morning or an afternoon)
May
|
Workshops |
05/05/17 |
12/05/17 |
19/05/17 |
26/05/17 |
Session open |
Sessions closed |
|
Laundry |
14 |
14 |
14 |
14 |
56 |
0 |
|
Main Kitchen |
14 |
14 |
14 |
14 |
56 |
0 |
|
Training Kitchen |
14 |
14 |
14 |
14 |
56 |
0 |
|
Joinery |
8 |
10 |
8 |
8 |
34 |
6 |
|
Metal |
8 |
10 |
10 |
7 |
35 |
5 |
|
Construct |
8 |
10 |
8 |
8 |
34 |
6 |
|
Paint & Dec |
8 |
4 |
0 |
8 |
20 |
64 |
|
|
6 |
4 |
6 |
2 |
18 |
22 |
|
Seg Computers |
0 |
0 |
0 |
0 |
0 |
40 |
|
Grounds |
14 |
14 |
14 |
14 |
56 |
0 |
|
Industrial Skills |
4 |
4 |
2 |
5 |
15 |
25 |
|
Hurley |
0 |
0 |
0 |
0 |
0 |
40 |
|
East Computer |
6 |
2 |
2 |
2 |
12 |
28 |
|
Waste Mgt |
14 |
14 |
14 |
14 |
56 |
0 |
|
Ind. Cleaning |
5 |
4 |
2 |
6 |
17 |
23 |
|
Total |
123 |
118 |
108 |
116 |
465 |
259 |
June
|
Workshops |
02/06/17 |
09/06/17 |
16/06/17 |
23/06/17 |
30/06/17 |
Session open |
Sessions closed |
|
Laundry |
14 |
14 |
14 |
14 |
14 |
70 |
0 |
|
Main Kitchen |
14 |
14 |
14 |
14 |
14 |
70 |
0 |
|
Training Kitchen |
14 |
14 |
14 |
14 |
14 |
70 |
0 |
|
Joinery |
10 |
8 |
10 |
10 |
8 |
46 |
4 |
|
Metal |
10 |
8 |
10 |
10 |
10 |
48 |
2 |
|
Construct |
7 |
8 |
10 |
10 |
9 |
44 |
6 |
|
Paint & Dec |
2 |
6 |
0 |
2 |
0 |
10 |
46 |
|
|
10 |
4 |
4 |
5 |
0 |
23 |
27 |
|
Seg Comp |
0 |
0 |
0 |
0 |
0 |
0 |
50 |
|
Grounds |
14 |
14 |
14 |
12 |
14 |
68 |
2 |
|
Industrial Skills |
8 |
0 |
5 |
4 |
0 |
17 |
33 |
|
Hurley |
0 |
0 |
0 |
0 |
0 |
0 |
50 |
|
East Computer |
6 |
6 |
2 |
1 |
2 |
17 |
33 |
|
Waste Mgt |
14 |
14 |
14 |
14 |
14 |
70 |
0 |
|
Ind. Cleaning |
6 |
4 |
6 |
4 |
0 |
0 |
20 |
|
Total |
129 |
114 |
117 |
114 |
99 |
573 |
283 |
460. Deputy Clare Daly asked the Minister for Justice and Equality when he plans to conduct a review of the Irish Prison Service's national incentivised regimes policy; the tendering process of this review; and if he will make a statement on the matter. [35209/17]
Amharc ar fhreagraI am advised by the Irish Prison Service that the Incentivised Regimes Policy was introduced on a phased basis across all prisons in 2012 and is now operational in all institutions. The Incentivised Regimes Programme provides for differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The objective is to provide tangible incentives to prisoners to participate in structured activities and to reinforce good behaviour, leading to a safer and more secure environment.
There are three levels of privilege - basic, standard and enhanced, with different criteria and privileges associated with each level of regime. The list of privileges additional to core privileges varies between prisons, and within different areas of a prison, depending on the operational and infrastructure requirements of each prison. Experience in other jurisdictions has shown that a tiered incentivised regime structure is a hugely valuable addition to prisons in the context of maintaining good order, and in motivating prisoners to partake in constructive activities. Since the introduction of the Incentivised Regimes Programme, the Irish Prison Service has witnessed a considerable reduction in assaults in prisons. Incentivised Regimes is part of a multi-faceted approach to improving outcomes for prisoners by promoting the benefits of active participation in their own rehabilitation and behavioural reform.
The Irish Prison Service is committed to working to ensure the continuing integrity of the Incentivised Regimes Policy and is currently finalising arrangements for the conducting of a review.
461. Deputy Clare Daly asked the Minister for Justice and Equality if a person who is rejected for employment in the Irish Prison Service on mental health grounds may seek and submit a second opinion as part of his or her appeal of that decision; and if not, the reason therefor. [35215/17]
Amharc ar fhreagraI can advise the Deputy that I have been informed by the Irish Prison Service that there is an automatic internal medical review of medical evidence of a candidate who is deemed medically unfit at pre-employment and candidates are free to submit additional medical evidence as part of their original job application. There is no appeal mechanism around pre-employment assessments.
462. Deputy Jan O'Sullivan asked the Minister for Justice and Equality if all security and contract cleaning companies that have obtained contracts from his Department and agencies under the aegis of his Department under public procurement rules pay the legal employment regulation order, ERO, hourly rate to their security and contract cleaning employees; the steps he has taken to confirm full compliance with the ERO system; if he has cancelled contracts with companies that have been found to be in breach of the ERO system since 1 October 2015; and if he will make a statement on the matter. [35231/17]
Amharc ar fhreagraThe Deputy will wish to be aware that the Request for Tender for contractors to be included on the Department's Cleaning Framework, which was published on 29 January 2010, included a provision that:
"Under Article 27 of Directive 2004/18/EC and Regulation 27 of European Communities (Award of Public Contracts) Regulations 2006 (S.I. 329 of 2006), Service Providers must provide a statement confirming that they have taken account of their legal obligations relating to employment protection and working conditions relating to the provision of the services sought under this RFT."
All Service Providers included on the Framework provided the required statement and I have been informed that no cleaning contracts were cancelled as a result of breaches of the ERO system.
The Office of Government Procurement now have a new framework in place since late last year and the Department is preparing to tender for the provision of cleaning services under this framework.
In terms of security arrangements within the Department, two security firms are employed by the Irish Naturalisation and Immigration Service. INIS requires companies to confirm in writing that they are fully compliant with the ERO system and maintain on file current confirmation of position for each firm.
I have requested that the relevant bodies and the agencies under the remit of my Department contact you directly in respect of their own arrangements in this regard.
463. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of local authorities that have a migrant integration strategy as per the recommendation in Migrant Integration Strategy - A Blueprint for the Future. [35246/17]
Amharc ar fhreagraI have no responsibility in relation to the actions of local authorities. However, in order to be of assistance to the Deputy, I sought the relevant information from the Local Government Management Agency. I am informed that 14 local authorities responded to that Agency with confirmation that they have developed an integration strategy. Action 52 of the Migrant Integration Strategy - A Blueprint for the Future, which was published on 7 February 2017, provides for the updating of integration strategies by local authorities over the lifetime of the Strategy i.e. from 2017 to 2020. A Monitoring and Co-ordination Committee has been established to support the process of implementing the Migrant Integration Strategy. The Committee, which comprises representatives of relevant Government Departments, State Agencies and the NGO sector, met for the first time on 27 June 2017. Progress on the implementation of the actions in the Strategy will be reviewed at the end of 2018 and a report prepared for Government.
464. Deputy Ruth Coppinger asked the Minister for Justice and Equality if he will revise his position not to have a public inquiry with regard to the Jobstown prosecution and the concerns raised regarding evidence of members of An Garda Síochána (details supplied). [35273/17]
Amharc ar fhreagraThe Deputy will appreciate that any internal review being conducted by An Garda Síochána in relation to this case is entirely a matter for the Garda Commissioner and her management team and I, as Minister, have no role in this regard. I must inform the Deputy that for the reasons already set out in my response to her in Parliamentary Question No. 68 of 12 July 2017, I remain of the view that there is no reason to establish any form of public inquiry into this matter.
465. Deputy Michael Collins asked the Minister for Justice and Equality his plans to introduce a night-time shooting ban; and if he will make a statement on the matter. [35275/17]
Amharc ar fhreagra539. Deputy Michael Collins asked the Minister for Justice and Equality his plans to introduce a night-time shooting and hunting ban for gun clubs and predator control; and if he will make a statement on the matter. [35911/17]
Amharc ar fhreagraI propose to take Questions Nos. 465 and 539 together.
I can inform the Deputy that there is no proposal to ban night time shooting. At a meeting of the Firearms Consultative Panel (chaired by my Department) held on April 5th 2016, shooting groups stated that illegal shooting at night is a serious safety issue which needed to be addressed. As a result a working group on night time shooting chaired by the National Parks and Wildlife Service (NPWS) with membership from An Garda Síochána and other shooting interest groups held a number of meetings resulting in a draft report prepared by the NPWS. The proposals in the draft report do not contain a legal ban on night time shooting but rather are intended to act as a voluntary code of best practice guidance for shooters. I understand, during discussions by the working group, that many issues arose for consideration in what is a complex and challenging area.
That draft report was submitted to the Firearms Consultative Panel for consideration on April 20th 2017. While the draft report received considerable support, certain concerns were raised. As a result members of the Firearms Consultative Panel were invited to make submissions by June 1st which will be considered by the NPWS chair of the working group on night time shooting, in conjunction with members of the Working Group. A full meeting of the Firearms Consultative Panel, chaired by my Department, will subsequently consider the matter.
466. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when the review of Garda stations that were closed in recent years will be completed; his plans to publish the report; and if he will make a statement on the matter. [35300/17]
Amharc ar fhreagraThe Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána and I, as Minister, have no role in the matter.
Under the Programme for a Partnership Government, the Government is committed to launching a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. At its meeting on 13 June 2017, the Government noted the Garda Commissioner’s interim Report which analysed population and crime trends and, taking account of the availability of stations for reuse, makes a number of recommendations including that Stepaside Station in Co. Dublin be reopened on a pilot basis.
The Report also indicates that the Commissioner is likely, subject to further analysis, to recommend the reopening of Leighlinbridge, Co. Carlow and Donard, Co. Wicklow in her final report. If a second station is to be reopened in Dublin, the Commissioner has indicated that, subject to further analysis, the former station at Rush, Co. Dublin will be recommended for reopening.
The Government has, accordingly, agreed in principle to the reopening of Stepaside Garda Station on a pilot basis as soon as any necessary preparatory works have been completed. Following any decision to reopen the former stations, the Garda authorities will work closely with the Office of Public Works in relation to any necessary preparatory works required to progress the reopenings.
The final report of the Commissioner in relation to Rush, Leighlinbridge and Donard stations is expected to be received in the near future and it will be brought to Government thereafter.
467. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 114 to 116, inclusive, of 16 May 2017, if the legal aid available to a protection applicant who has received a negative decision from the International Protection Appeals Tribunal extends to continuing to represent that applicant in leave to remain, deportation or judicial review proceedings; and if the applicant will be legally aided or only be advised on their options. [35336/17]
Amharc ar fhreagraThe Legal Aid Board provides legal services to applicants for asylum, subsidiary protection and leave to remain under the International Protection Act 2015 which came into force at the end of 2016. That Act seeks to streamline the procedure for applicants so that as much as possible all aspects are dealt with at the same time rather than sequentially as theretofore. An initial decision is taken on permission to remain and, when the appeal process is exhausted in relation to the applications for asylum and protection, an opportunity is afforded to the applicant to make further submissions to the Minister on the application for PTR.
The Board provides services to applicants through its employed solicitors and also through private solicitors on its panels. A Legal Aid Certificate is granted to a Private Practitioner on referral, to cover any advice and/or legal aid required from Questionnaire/Interview/Appeal stage until finalisation of the case. However, such legal aid certificate does not authorise the taking of judicial review proceedings. I am informed the Board adopts a general policy grounded in the merit criteria of the Civil Legal Aid Act 1995 that, where grounds for a Judicial Review are considered to exist, an applicant will be able to obtain services from a private practitioner on the basis that the costs of such proceedings are likely to be awarded in favour of the applicant.
The Board provides detailed guidelines on how its services are provided and these are published on its website www.legalaidboard.ie at the International Protection heading under the Lawyers and Experts tab. These guidelines give detailed information in relation to the services provided divided into 6 key stages. The stages include information in relation to permission to remain, deportation and judicial review proceedings.
468. Deputy Declan Breathnach asked the Minister for Justice and Equality if his attention has been drawn to the fact that many road haulage companies registered in Northern Ireland are operating here contrary to the cabotage rules governed by Regulation (EC) 1072/2009 as of 14 May 2010 (details supplied); if he will increase monitoring of this practice through An Garda Síochána; if his attention has been further drawn to the fact that road haulage companies operating within the rules are at a severe disadvantage; and if he will make a statement on the matter. [35341/17]
Amharc ar fhreagraThe Deputy will be aware that I have no direct role in the enforcement of Road Traffic legislation, which is an operational matter for the Garda Commissioner.
I am advised that the enforcement of cabotage legislation is a matter for An Garda Síochána and the Road Safety Authority. I am informed by the Department of Transport, Tourism and Sport that the enforcement authorities are aware of the issue and have procedures in place to ensure that International haulage operators are checked to verify that they are compliant with cabotage regulations. However, to be of assistance, I have brought your concerns to the attention of both enforcement agencies. I would urge anyone who has information on out of state haulage companies operating contrary to cabotage rules to make that information available to An Garda Síochána and the Road Safety Authority to assist them in enforcing cabotage rules.
469. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 138 of 21 March 2017, the number of fixed charge penalty point notices issued to drink-drivers detected at blood alcohol content levels between 50 mg and 80 mg in each of the years 2012 to 2016; the number of drivers who paid the fixed charge notice within the time limit; the number of drivers who were summonsed to court for failing to pay the fixed charge notice; the number of drivers convicted; the number of driver licence numbers recorded on conviction; and if he will make a statement on the matter. [35346/17]
Amharc ar fhreagraI understand from the response provided by the Tánaiste to Parliamentary Question No. 138 of 21 March 2017 that insofar as conviction statistics are concerned, the Courts Service is not in a position to match the prosecutions specified in the Deputy's question to court results. It follows that it is similarly not possible to ascertain the number of driver licence numbers recorded for the offence referred to in the question, where the offence specified results in a conviction.
My Department has, again, requested a report from the Garda authorities in relation to statistics on drivers detected with blood alcohol content levels of between 50mg and 80mg for the years in question and will provide this information directly to the Deputy once it is to hand.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
470. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he will provide a report on the work of the Garda special crime task force; the number of gardaí assigned to it on 1 January 2017; the number assigned on 1 July 2017; if all its members are based in Dublin; and if he will make a statement on the matter. [35367/17]
Amharc ar fhreagra500. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of gardaí allocated to the Garda special crime task force during each of the past ten years; and if he will make a statement on the matter. [35618/17]
Amharc ar fhreagraI propose to take Questions Nos. 470 and 500 together.
As the Deputies will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that personnel assigned throughout the country, together with the overall policing arrangements and operational strategies, are continually monitored and reviewed.
As part of the range of measures which have been put in place to deal with gang-related crime in the Dublin area, a Garda Special Crime Task Force was established and has been in operation in the Dublin Metropolitan Region since July 2016. The Task Force is under the control of the Garda Drugs and Organised Crime Bureau, and operates in cooperation with other agencies including the Revenue Commissioners and Department of Social Protection and has the benefit of the expertise of members of the Criminal Assets Bureau, Garda Divisional Asset Profilers, and the Garda Síochána Analysis Service.
I have requested the information sought by the Deputies from the Commissioner and will reply to the Deputies when it is to hand.
A deferred reply was forwarded to the Deputy under Standing Order 42A.
