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Wednesday, 4 Oct 2017

Written Answers Nos. 105-124

Fire Safety Regulations

Ceisteanna (105)

Niamh Smyth

Ceist:

105. Deputy Niamh Smyth asked the Minister for Education and Skills if he has satisfied himself that fire safety regulations have been met for the absolute safety of the pupils and staff at a school (details supplied) in view of his Department's recent announcement to carry out fire safety audits at an additional 31 schools, all built in recent years by a company at the centre of fire safety breaches identified at another six schools. [41989/17]

Amharc ar fhreagra

Freagraí scríofa

The Principal and the Board of Management for the school to which the Deputy refers have not raised any concerns with my Department with regard to fire safety in its existing accommodation.

The Deputy will also be aware that a major school building project to provide completely new accommodation for the school is at an advanced stage of the architectural planning process. My Department has recently informed the Board of Management for the school that it can proceed to the tender stage to appoint a Building Contractor to complete the project.

Schools Building Projects

Ceisteanna (106)

Kevin O'Keeffe

Ceist:

106. Deputy Kevin O'Keeffe asked the Minister for Education and Skills if a building project will be examined with a view to having the works completed in view of the fact progress on the project appears to be slow (details supplied). [41990/17]

Amharc ar fhreagra

Freagraí scríofa

The building project referred to by the Deputy has been devolved to Cork Education and Training Board, ETB, for delivery.

I understand there are some difficulties with the project on site but these are being dealt with by the ETB within the terms and conditions of the Public Works Contract with a view to having the building project completed as soon as possible.

Teachers' Remuneration

Ceisteanna (107)

Tom Neville

Ceist:

107. Deputy Tom Neville asked the Minister for Education and Skills when a person (details supplied) will be placed on the correct pay scale which they are seeking since 2014; and if he will make a statement on the matter. [42018/17]

Amharc ar fhreagra

Freagraí scríofa

The service history of the person referred to by the Deputy has been reviewed by my Department. She is entitled to progress to Point 9 on the salary scale w.e.f., 22 June 2017. Salary will be adjusted for the pay issue of 19 October 2017 and arrears due will be paid.  All other salary adjustments have been applied previously.  A letter outlining the full progression of her incremental salary shall issue to the person referred to, in the next few days.

School Transport

Ceisteanna (108)

Niamh Smyth

Ceist:

108. Deputy Niamh Smyth asked the Minister for Education and Skills if he will review correspondence (details supplied); if refunds will be issued; if an additional service will be provided; and if he will make a statement on the matter. [42075/17]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

During the 2016-17 school year almost 116,000 children, including some 12,000 children with special educational needs, were transported in over 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.

Under the terms of my Department's Post Primary School Transport Scheme children are generally eligible for transport where they reside not less than 4.8 kilometres from and are attending their nearest school.

Where families are not eligible for school transport they may apply on a concessionary basis only.  Concessionary transport is subject to a number of terms and conditions including the availability of spare seats on an existing service and payment of the annual charge. Under the terms of the School Transport Schemes additional vehicles will not be introduced, nor will larger vehicles or extra trips using existing vehicles be provided to cater for children travelling on a concessionary basis.

The availability of concessionary transport may vary from year to year, is not available on public scheduled services and cannot be guaranteed for the duration of a child’s post-primary school education cycle.

The terms of the School Transport Schemes are applied equitably on a national basis.

Bus Éireann has confirmed that the refunds in question have been processed. 

School Curriculum

Ceisteanna (109)

Fiona O'Loughlin

Ceist:

109. Deputy Fiona O'Loughlin asked the Minister for Education and Skills his plans to develop the SPHE curriculum to ensure it is as inclusive and diverse as possible; and if he will make a statement on the matter. [42078/17]

Amharc ar fhreagra

Freagraí scríofa

The Social, Personal and Health Education, SPHE, curriculum is mandatory at primary level and up to junior cycle at post-primary level. Relationship and Sexuality Education, RSE, is embedded within SPHE at Junior Cycle level. A framework for Senior Cycle SPHE is also available to schools.

The SPHE curriculum aims to provide a range of diverse and inclusive skills such as communicating, making decisions, knowing where to find reliable data, belonging and integrating, handling conflict constructively, dealing with bullying, expressing feelings and emotions, substance abuse, resisting peer pressure, personal safety, values and mutual respect.

As the new Framework for Junior Cycle (2015) is rolled out, schools should ensure that the junior cycle programme they design addresses the principles, statements of learning and key skills that relate to the areas currently covered in SPHE. This can be achieved through continuing to provide the existing SPHE course, providing a short course in SPHE or other approaches.

The Framework for Junior Cycle additionally provides for a new area of learning at junior cycle called Wellbeing. Well-being will cross the three years of junior cycle and build on substantial work already taking place in schools in support of students’ well-being. This area of learning will make the school’s culture and ethos and commitment to wellbeing visible to students. It will include learning opportunities to enhance the physical, mental, emotional and social wellbeing of students. It will enable students to build life skills and develop a strong sense of connectedness to their school and to their community. The Junior Cycle Wellbeing programme begins with 300 hours of timetabled engagement in 2017 and will build up to 400 hours by 2020 as the new junior cycle is implemented fully in schools.

Fire Safety

Ceisteanna (110)

Fiona O'Loughlin

Ceist:

110. Deputy Fiona O'Loughlin asked the Minister for Education and Skills his plans to undertake a fire safety audit of all schools and buildings under the remit of his Department; and if he will make a statement on the matter. [42079/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that on 26 September, my Department announced that it will be putting in a place a comprehensive package of measures to ensure fire safety measures in schools meet best practice. 

Ensuring the safety of all those who work and learn in our schools is a main priority of the Department of Education and Skills.

These measures are being undertaken as an added precaution by my Department, following on from consultation with stakeholders after recent concerns at home and abroad regarding fire safety in public buildings.

It is important to note that the Department does not believe that there are issues regarding fire safety with schools generally, rather these measures are being taken in order to take an abundance of caution approach in this area.

Firstly, the Department will appoint a fire safety expert to undertake a complete audit of all school buildings constructed by Western Building Systems, WBS. This follows on from the identification of a number of issues in respect of the compliance by a number of schools constructed by WBS with their fire safety certificates. My Department, at this stage, does not have any reason to believe that there are any fire safety issues in respect of any of the other buildings built by Western Building Systems. These audits are a proactive measure being taken, following on from consultation with stakeholders, to satisfy the Department that there are no further issues with school buildings constructed by that company.  It is anticipated that this will take approximately six months to complete this number of audits.  However, in each case, the Department will require an early report from the Fire Safety Consultants conducting the audit if any issue of significant concern is discovered.

Further to this and as previously announced, my Department is in the process of commissioning fire safety audits of a representative sample of up to 25 schools constructed over the last 20 years. It should be noted that each school building is already required to have and comply with a fire certificate awarded at time of construction by the local authority.

It is important to note that the selection of a school to be included in the sample for this audit in no way means that my Department has concerns about that particular school.  Regarding the timeline for this sample audit, it is expected to be concluded by January 2018. The tender for the appointment of fire safety consultants will be completed by the mid-October. It is expected that the first set of Fire Safety Audit Reports will be provided to my Department by the end of December 2017.

My Department will also contact the representative Professional Associations, principally the Royal Institute of the Architects of Ireland, RIAI, Engineer’s Ireland, IEI, and the Association of Consulting Engineers of Ireland, ACEI, to discuss the operation of the Building Control (Amendment) Regulations (2014) to re-iterate the responsibilities of Design Teams to fully engage in a complete and comprehensive way with the inspection and certification requirements of BC(A)R (2014).  It is the responsibility of the Design Team appointed to build a school to ensure that a newly constructed building is compliant with it’s Fire Certificate. My Department is writing to these associations to remind them of their members legal duties in this regard.

My Department has also written to all Design Teams working on buildings currently under construction to remind them of their responsibilities to ensure that all buildings comply with fire certificates awarded by the local authority

My Department will also issue a new Circular to all schools bringing the attention of the school authorities to their obligations in relation to Fire Safety management protocols. Detailed guidance documents are already in place to advice schools on managing Health and Safety in schools that includes comprehensive advice on the issue of managing the risk of fire.

My Department will, going forward, appoint a Clerk of Works to all future major building projects to enhance the oversight and inspection of works when they are being carried out. This person, who will be appointed by the Department of Education and Skills, will provide an extra layer of checking and oversight during the construction process.

Additionally, an internal fire safety committee is being established within my Department. This group will be made up of both technical and administrative staff, and will monitor any patterns arising from day-to-day interactions with schools, the results from the various audits and their own recent experience to shape any further action in this regard.

Finally, under a new protocol from now on, when my Department receives a fire audit report which demonstrates issues in a building regarding fire safety, my Department will immediately notify the school’s Patron Body, the school’s Board of Management and the Fire Officer in the relevant Local Authority.

These audits and actions will inform any further action which may be required by my Department to ensure that they are satisfied with the fire safety measures in place to protect schools.

My Department will contact the Chief Fire Officers Association to inform them of the above steps which are being taken. A new protocol will also be put in place to keep them up to date with any further developments in this area.

It is worth noting again that my Department has no reason to believe that there are issues with fire safety provisions in schools generally. These additional steps are an added precaution being taken by the Department, prompted by recent concerns in Ireland and abroad regarding fire safety in public buildings.

School Funding

Ceisteanna (111)

Fiona O'Loughlin

Ceist:

111. Deputy Fiona O'Loughlin asked the Minister for Education and Skills when the capitation grant to primary schools will be increased to bring it in line with that provided to post-primary schools; and if he will make a statement on the matter. [42080/17]

Amharc ar fhreagra

Freagraí scríofa

I recognise the need to improve capitation funding for primary schools having regard to the reductions that were necessary over recent years.

It is difficult to make precise comparisons between the levels of grants paid and the actual costs of running schools at primary and post-primary levels.  However, it is self-evident that the maintenance and running costs for second-level schools are much greater on a unit cost basis than those in primary schools.

In general, post-primary schools are larger than primary schools and have a lower pupil-teacher ratio resulting in more classrooms and specialist rooms such as laboratories, workshops and kitchens.  This leads to higher unit costs in second-level schools for heat, light, power, maintenance and cleaning. 

The Action Plan for Education outlines hundreds of actions to be implemented over the three-year period 2016 to 2019, which include restoring capitation funding as resources permit.

The process is underway for restoring grant funding that is used by schools to fund the salaries of ancillary staff. The ancillary grant was increased by €6 in 2016 and €5 in 2017 in order to enable primary schools implement the arbitration salary increase for grant-funded school secretaries and caretakers and to also implement the restoration of salary for cleaners arising from the unwinding of FEMPI legislation. 

Capitation funding remains a priority for me to address during the lifetime of the Action Plan.

Pupil Data Collection

Ceisteanna (112)

Peadar Tóibín

Ceist:

112. Deputy Peadar Tóibín asked the Minister for Education and Skills the number of children in primary schools in the Navan school catchment area; the number of secondary school places that exist in the town; and the planned numbers in both sectors for each of the next five years. [42120/17]

Amharc ar fhreagra

Freagraí scríofa

For school planning purposes, my Department divides the country into 314 geographic areas known as school planning areas, which facilitates the orderly planning of school provision and accommodation needs. 

In the Navan school planning area, there are 20 primary schools with a total enrolment for the 2016-17 school year of 6,184 primary pupils and five post-primary schools with a total enrolment for the 2016-17 school year of 3,385 post-primary students. 

My Department uses a Geographical Information System, GIS, to identify where the pressure for school places across the country will arise. The GIS uses data from a range of sources, including the Central Statistics Office, Ordnance Survey Ireland, the Department of Social Protection and my Department's own databases.

Where demographic data indicates that additional provision is required, the delivery of the additional provision is dependent on the particular circumstances of each case and may, depending on the circumstances, be provided through either one, or a combination of, the following:

- Utilising existing unused capacity with a school or schools;

- Extending the capacity of a school or schools;

- Provision of a new school(s).

My Department is currently carrying out demographic exercises on school planning areas nationwide, including the Navan school planning area, at primary and post-primary level to determine where additional school accommodation is needed. It is anticipated that decisions based on these exercises will be announced later in 2017.

Human Rights Cases

Ceisteanna (113)

Seán Crowe

Ceist:

113. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the security situation of persons (details supplied); his views on these cases and the use of criminal charges to obstruct the work of human rights defenders; and if he will raise the issue with his Honduran counterpart. [42019/17]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the case to which the Deputy refers, as well as of the difficult situation which currently pertains for human rights defenders in Honduras more generally. While Ireland does not have diplomatic representation in Honduras, officials at my Department raise issues relating to human rights in Honduras both at EU and UN level, including through direct contact with the EU Delegation in Tegucigalpa.

Honduras was last reviewed under the UN Human Rights Council’s Universal Periodic Review mechanism in May 2015. Ireland intervened on that occasion to express its concern at the climate of violence and insecurity in which human rights defenders operate in Honduras, and asked that adequate financial and human resources be allocated by the Honduran authorities to ensure the implementation of legislation protecting human rights defenders and journalists.

I support the call made by the UN Assistant Secretary-General for Human Rights Andrew Gilmour, following a visit to Honduras in July of this year, for increased protection for human rights defenders in Honduras.

In keeping with Ireland’s commitment to the promotion and protection of human rights, we will continue to raise concerns regarding threats to the work of human rights defenders in discussions on Honduras at EU and international level.

Northern Ireland

Ceisteanna (114)

Micheál Martin

Ceist:

114. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he will report on negotiations in Northern Ireland. [41861/17]

Amharc ar fhreagra

Freagraí scríofa

The Government is determined, as co-guarantor of the Good Friday Agreement, to do everything in our power to ensure that all of its institutions are operating effectively, including the devolved Assembly and power-sharing Executive in Northern Ireland and the North-South Ministerial Council.

I remain in regular contact with the Secretary of State for Northern Ireland, James Brokenshire, on how both Governments can best continue to support and encourage the parties in achieving that essential objective. We spoke most recently on 2 October and agreed that some progress is being made in the current discussions between the parties. In the first instance, the two largest parties whose mandates entitle them to nominate a First and deputy First Minister need to reach an agreement to form an Executive. In this context, I have welcomed the sustained engagement between the DUP and Sinn Féin over the last number of weeks. In my ongoing contacts with the parties, I have encouraged them to continue this engagement to achieve a resolution that will allow the devolved institutions of the Good Friday Agreement and the North South Ministerial Council to start operating again.

In the period ahead, I will continue to work with the Secretary of State and the political parties in Northern Ireland to support an agreement on the formation of a new power-sharing Executive for Northern Ireland within the mandate of the current Assembly.

Residency Permits

Ceisteanna (115)

Bernard Durkan

Ceist:

115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [41992/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service, INIS, of my Department that the person concerned submitted an application on 28 September 2015 under the Free Movement of Persons Regulations 2015 to be treated as a Permitted Family Member of an EU Citizen.  The application was refused on 17 December 2016 as the person failed to meet the criteria.

I am further informed that the person concerned requested a review of the decision on 12 January 2017.  The Deputy will appreciate that applications are dealt with in chronological order.  I understand the application is currently being processed and INIS expects to be in a position to issue a decision by the end of November 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 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.

Criminal Prosecutions

Ceisteanna (116)

Clare Daly

Ceist:

116. Deputy Clare Daly asked the Minister for Justice and Equality if an investigation took place into the intervention by a person (details supplied) into a case which led to that case's collapse; and if he will make a statement on the matter. [42037/17]

Amharc ar fhreagra

Freagraí scríofa

The role of the Office of the State Pathologist is to provide independent expert advice on matters relating to forensic pathology, which may be used in the prosecution of offences such as homicides. The Office is independent in the operation of its functions, which is entirely right and proper in light of the very important role it plays in the investigation and prosecution of serious crimes.

As Minister for Justice and Equality, I do not have any role in relation to criminal trials such as the one referred to, the prosecution of which is a matter for the DPP, and the management of which is a matter for our independent Courts system. It would therefore not be appropriate for me to comment further on this matter.

Legal Services Regulation

Ceisteanna (117)

Clare Daly

Ceist:

117. Deputy Clare Daly asked the Minister for Justice and Equality the status of the Legal Services Regulatory Authority; the timeframe for the implementation of the various functions for the authority as set down in legislation; the number of statutory instruments which will be forthcoming; his views on concerns that arise with respect to staffing and the delivery of independent and effective regulation; and if he will make a statement on the matter. [42042/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the Legal Services Regulatory Authority is an independent statutory body and that I do not, as Minister, have a role in relation to its day-to-day operations. That independence has been purposefully conferred on the Authority by the Legal Services Regulation Act 2015. This includes in the nomination of the Authority’s membership by prescribed bodies, in its statutory objectives and in the independent performance of its functions. I have every confidence, therefore, in the Authority’s ability to regulate independently and effectively.

The setting-up of the Authority has been underway since July 2016. At that time, Parts 1 and 2 of the Legal Services Regulation Act were commenced as necessary to get the new Authority underway, particularly in terms of its nomination and appointment with the necessary motions of approval of the Houses of the Oireachtas. The Authority has convened regularly since its inaugural meeting on 26 October 2016 and makes minutes of its meetings available on its website: www.LSRA.ie. 

In tandem with the ongoing and essential work leading to the Authority starting up its key complaints and regulatory functions, the Authority has been deeply engaged in the conduct of public consultations and in the making of reports on a series of issues which it has been obliged to complete within strictly set deadlines running from its day of establishment on 1 October 2016. For example, in December 2016, sections 118, 119 and 120 of Part 8 of the 2015 Act were commenced to enable the conduct of public consultations and reports by the new Regulatory Authority within the set statutory periods concerned. These relate to Legal Partnerships (between solicitors and barristers and barristers and barristers - solicitors can already operate in partnerships), Multi-Disciplinary Practices (where legal practitioners can provide their services together with other non-legal services providers) and certain restrictions on the work of barristers.

On 31 March 2017, the Regulatory Authority presented its report under section 118 on Legal Partnerships which was laid before the Houses of the Oireachtas on 28 April 2017, and a further short report on the same issue submitted by the Authority on 31 July 2017 is in the course of being laid before the Houses.

On 31 March 2017, the Authority also presented its initial report under section 119 of the Act in relation to Multi-Disciplinary Practices which was laid before the Houses on 28 April 2017. Following its conduct of the relevant public consultations, the Authority has submitted a final report on this issue on 29 September 2017, which will, as required, be laid before the Houses.

On 6 April 2017, the Authority commenced its public consultations under section 120 of the 2015 Act about certain restrictions on the work of barristers. These arise with regard to the holding of clients’ monies and to the direct provision of services to a client in relation to contentious matters. The Authority submitted its report following these consultations on 29 September 2017 which is in the course of being laid before the Houses of the Oireachtas.

The Deputy will also wish to note that the Legal Services Regulatory Authority submitted its first Annual Report under the Act on 26 April 2017, which was duly laid before each House of the Oireachtas on 18 May 2016.  The Authority also makes such reports available, as appropriate and when laid before the Houses, on its website.

Having delivered these key reporting obligations the current working focus is very much on the managed roll-out of the Authority's remaining functions with the matching development of its organisational capacities and office and staffing resources which are essential to effective delivery. Following these steps, the key structural reforms of Part 6 of the 2015 Act relating to public complaints, professional conduct and the appointment of the Legal Practitioners' Disciplinary Tribunal dealing with both solicitors and barristers, will be commenced. Members of the public will no longer make complaints about alleged professional misconduct by legal practitioners through the legal professional bodies as happens at present, but rather through the independent Regulatory Authority.

In a key development the Authority has, this summer, completed its public recruitment and appointment of a full-time Chief Executive. It has also recently secured larger office premises in support of the coming into operation of its respective functions. This will also facilitate the Authority in appointing and determining the duties of further staff under sections 25 and 26 of the 2015 Act with the relevant approvals of the Minister for Public Expenditure and Reform. As with earlier commencements made under the 2015 Act, Statutory Instruments will issue as appropriate to the relevant sections or Parts of the Act concerned.

I and my Department continue to work closely with the Authority to enable it to come into substantive regulatory mode at the earliest opportunity.  The phased start-up of its various functions will continue to need careful project management. It will also require the ongoing identification, in conjunction with the Authority, of the more specific delivery dates for the respective independent functions involved during the remainder of this year and into 2018. These are matters in relation to which I expect greater detail to become available soon.

Subsidiary Protection Applications Data

Ceisteanna (118)

Thomas Pringle

Ceist:

118. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons waiting for a first instance decision on a protection application from the International Protection Office; the average amount of time it is taking to get a first instance decision on a protection application from the office; the average amount of time to get an oral interview after lodging a protection application with the office; the number of refugee, subsidiary protection and permission to remain applications granted since 1 January 2017; and if he will make a statement on the matter. [42043/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the International Protection Act 2015 was commenced on 31 December 2016 (commencement date). The 2015 Act introduced a single procedure which enables all grounds for seeking international protection (refugee status and subsidiary protection) or permission to remain in the State for other reasons to be examined and determined in one process.

At the end of September 2017, there were some 4,950 applications awaiting processing in the International Protection Office, IPO. The vast majority of these applications were made before the commencement of the 2015 Act but were not finalised by the former Office of the Refugee Applications Commissioner, ORAC, and the former Refugee Appeals Tribunal, RAT, by that date. These applications must be processed by the IPO under the transitional provisions of the 2015 Act. Various categories of cases reverted to the IPO including asylum appeals transferred from the old Refugee Appeals Tribunal and asylum and subsidiary protection cases transferred from the old ORAC. This added significantly to the IPO’s caseload.

In terms of processing, I am pleased to inform the Deputy that considerable progress has been made by the IPO in getting the new single procedure process up and running. This follows IPO staff concentrating in the initial months of the year on the necessary preparatory work including issuing correspondence to all transitional applicants with details of the new processing arrangements, the handling of some 2,600 returned Application for International Protection Questionnaires including the translation of questionnaires (some 50% of which require translation) and the scheduling of interviews, etc. Furthermore, extensive training on the new procedures and processing arrangements has been delivered to staff in the IPO and supporting panel members (persons with legal qualifications who support International Protection Officers in their function.

To date, the IPO has also conducted almost 1,900 single procedure interviews (including in respect of EU Relocation cases) and 69 interviews under the 2013 Subsidiary Protection Regulations. More than 160 additional interviews have been scheduled in the IPO for the coming weeks with more interviews being scheduled on a daily basis.

A total of 463 grants for protection have issued this year to 19 September, comprising 325 granted refugee status under the Single Procedure and a further 69 legacy applicants were granted refugee status under the Refugee Act, 1996. In addition, 54 grants of Subsidiary Protection under the legacy procedures were made.  A further 15 humanitarian permissions to remain were granted by the International Protection Office.      

At the present time, it is not possible to calculate an accurate current median processing time for international protection applications due to the different case types on hands which were returned to the IPO under the transition provisions in the 2015 Act. Considerable additional resources, have and are, being allocated to the IPO to assist it in undertaking its statutory functions with a view to processing the volume of cases on hands as soon as possible.

In relation to the scheduling of interviews and the processing of cases in the IPO, I am also advised that the prioritisation of international protection applications is provided for in the International Protection Act 2015 subject to the need for fairness and efficiency. When the Application for International Protection Questionnaire, IPO 2, and other supporting documentation is returned by applicants, the IPO is scheduling applications for interview primarily on the basis of date of application (oldest cases first). However, certain categories of applicant are also being prioritised such as those from refugee generating countries (such as Syria) and unaccompanied minors. The IPO’s approach to prioritisation has been agreed with the UNHCR and is available on its website: www.ipo.gov.ie.

Court Poor Box

Ceisteanna (119)

Thomas P. Broughan

Ceist:

119. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the use of the court poor box for penalty point offences in view of the fact that it is still happening in some courts despite a High Court ruling in February 2014 against the practice; and if he will make a statement on the matter. [42063/17]

Amharc ar fhreagra

Freagraí scríofa

The court poor box is a non-statutory system used by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.

My Department has made enquiries of the Courts Service in the matter and the following table sets out by District the number of persons who received the Poor Box for penalty point offences from Jan 2015 to 30 September 2017. The Deputy will note from the table that the number of persons who received the Poor Box for penalty point offences for 2016 (258) represented a reduction of 70% approx. on the 2015 position (843).

District NO

Court Area

Jan - Dec 2015

Jan - Dec 2016

Jan - Sept 2017

1

AN CLOCHAN LIATH

1

District No 1 Total

1

2

BALLYSHANNON

10

1

CARRICK ON SHANNON

23

3

2

DONEGAL

4

3

MANORHAMILTON

2

SLIGO

70

3

1

TUBBERCURRY

4

1

District No 2 Total

113

11

3

3

Castlebar

1

District No. 3 Total

1

Ballinasloe

5

1

4

LOUGHREA

2

6

6

STROKESTOWN

1

ROSCOMMON

1

TUAM

4

3

6

District No 4 Total

7

14

14

5

CARRICKMACROSS

5

CAVAN

8

2

MONAGHAN

3

VIRGINIA

12

2

District No 5 Total

28

4

6

ARDEE

2

DROGHEDA

8

6

DUNDALK

1

8

District No 6 Total

1

2

16

7

GALWAY

3

6

District No 7 Total

3

6

TIPPERARY

1

District No. 8 Total

1

9

ATHLONE

3

1

3

LONGFORD

1

MULLINGAR

7

4

2

District No 9 Total

11

5

5

12

GORT

1

12

ENNIS

2

KILRUSH

1

District No 12 Total

3

1

15

PORTLAOISE

33

7

TULLAMORE

17

District No 15 Total

50

7

16

BRAY

1

District No. 16 Total

1

17

AN DAINGEAN

1

1

3

KENMARE

2

1

2

KILLARNEY

8

3

2

KILLORGLIN

4

1

2

LISTOWEL

2

5

3

TRALEE

23

5

9

District No 17 Total

40

16

21

18

BANDON

15

8

1

BANTRY

7

1

CLONAKILTY

2

1

MACROOM

47

5

1

SKIBBEREEN

1

1

District No 18 Total

72

15

3

20

FERMOY

64

1

MALLOW

104

1

3

District No 20 Total

168

1

4

21

CARRICK ON SUIR

8

7

9

CASHEL

4

1

CLONMEL

3

2

2

DUNGARVAN

71

53

32

LISMORE

10

7

6

YOUGHAL

6

4

1

District No 21 Total

102

73

51

22

CARLOW

26

KILKENNY

9

District No 22 Total

35

23

GOREY

4

District No 23 Total

4

24

WATERFORD CITY

28

8

3

District No 24 Total

28

8

3

25

NAAS

4

1

District No 25 Total

4

1

DMD

DUBLIN METROPOLITAN DISTRICT

176

95

96

DMD Total

176

95

96

Total

843

258

223

The Deputy will also be aware that in February 2014, the Government approved the drafting of a Criminal Justice (Community Sanctions) Bill to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system. The Bill is currently being drafted by the Office of the Parliamentary Counsel.

It is intended that the legislation will abolish the court poor box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the District Court.

Referendum Data

Ceisteanna (120)

Micheál Martin

Ceist:

120. Deputy Micheál Martin asked the Minister for Justice and Equality if he will report on the commitment the Government has given on holding referendums on blasphemy, women in the home and divorce. [41643/17]

Amharc ar fhreagra

Freagraí scríofa

On 26 September, the Government agreed an indicative timetable for a number of referendums on constitutional amendments, mainly arising from the work of the Citizens’ Assembly, the Convention on the Constitution, and the Programme for a Partnership Government. 

Under this timetable and subject to passage of Bills by the Houses of the Oireachtas and formal confirmation of the polling date, it is proposed to hold referendums in October 2018 on the offence of blasphemy (Article 40.6.1) and regarding a woman's life within the home (Article 41.2), and in June 2019 on a proposal to reduce the length of the period or periods for which a couple must live apart before they can obtain a divorce (Article 41.3.2).

The amendments on blasphemy and women in the home arise from Reports of the Convention on the Constitution and are also promised in the Programme for a Partnership Government. 

With Government approval, I propose to present the Bills to amend the Constitution on these matters in good time so that these referendums can be held as planned.

In regard to divorce, the Government decided to support the Thirty-fifth Amendment of the Constitution (Divorce) Bill 2016, a Private Member's Bill introduced by Deputy Josepha Madigan.  The Bill completed Committee Stage in the Dáil on 12 July.  I am currently considering the issues raised by Deputies at the Committee Stage debate on the Bill and I will bring proposals to Government in that regard in due course.

Garda Data

Ceisteanna (121)

Seán Sherlock

Ceist:

121. Deputy Sean Sherlock asked the Minister for Justice and Equality the number of incidents since 2007 in which sums of money, confiscated money or evidence in a case were found to be missing, stolen or lost from a Garda station by the amount of missing, stolen or lost money involved, the date it was reported and the Garda station involved. [42113/17]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy again when the report is to hand.

A deferred reply was forwarded to the Deputy under Standing Order 42A.

Firearms Theft

Ceisteanna (122)

Seán Sherlock

Ceist:

122. Deputy Sean Sherlock asked the Minister for Justice and Equality the number and type of firearms, ammunition and related items reported stolen or lost in each of the years 2014 to 2016; and the reason these figures were excluded from the 2015 and 2016 annual reviews of the operation of the Firearms Acts. [42114/17]

Amharc ar fhreagra

Freagraí scríofa

I have asked the Garda Commissioner for report on this matter and I will write to the Deputy as soon as it becomes available.

The following deferred reply was received under Standing Order 42A:

Section 31 of the Criminal Justice (Miscellaneous Provisions) Act 2009 inserted a new Section 3E into the Principal Act and provides for the Commissioner to conduct an annual review of the operation of the Firearms Acts 1925 to 2009 and to submit a report to the Minister specifying the number and classes of certificates and authorisations issued under the Acts. The section does not require the mandatory inclusion of statistics for stolen and/or lost firearms in each annual review report. Seven annual review reports have been laid before both houses of the Oireachtas since the introduction of the new firearms licensing processes and statistics for stolen and/or lost firearms have been referenced in only two of those seven reports.

The following tables provide the number of licensed firearms by type and status recorded on the PULSE system as stolen and lost for the years 2014, 2015 and 2016. Figures are provided from PULSE as of 20 October 2017:

YEAR

TYPE

STATUS

TOTAL

2014

Air Rifle

Lost

2

2014

Rifle (Bolt Action)

Lost

7

2014

Rifle (Pump Action)

Lost

2

2014

Shotgun (Semi Automatic)

Lost

1

2014

Shotgun (Single Barrel)

Lost

17

2014

Shotgun (Under And Over)

Lost

29

Total

58

YEAR

TYPE

STATUS

TOTAL

2014

Air Rifle

Stolen

2

2014

Rifle

Stolen

2

2014

Rifle (Bolt Action)

Stolen

32

2014

Rifle (Lever Action)

Stolen

1

2014

Rifle (Pump Action)

Stolen

4

2014

Shotgun

Stolen

1

2014

Shotgun (Pump Action)

Stolen

4

2014

Shotgun (Semi Automatic)

Stolen

5

2014

Shotgun (Single Barrel)

Stolen

32

2014

Shotgun (Under And Over)

Stolen

69

Total

152

YEAR

TYPE

STATUS

TOTAL

2015

Air Rifle

Lost

2

2015

Rifle

Lost

1

2015

Rifle (Bolt Action)

Lost

2

2015

Rifle (Pump Action)

Lost

5

2015

Shotgun (Single Barrel)

Lost

18

2015

Shotgun (Under And Over)

Lost

10

Total

38

YEAR

TYPE

STATUS

TOTAL

2015

Air Rifle

Stolen

4

2015

Pistol (Semi Automatic)

Stolen

1

2015

Rifle

Stolen

2

2015

Rifle (Bolt Action)

Stolen

24

2015

Rifle (Lever Action)

Stolen

1

2015

Rifle (Pump Action)

Stolen

5

2015

Shotgun (Pump Action)

Stolen

1

2015

Shotgun (Semi Automatic)

Stolen

7

2015

Shotgun (Single Barrel)

Stolen

17

2015

Shotgun (Under And Over)

Stolen

59

Total

121

YEAR

TYPE

STATUS

TOTAL

2016

Air Rifle

Lost

1

2016

Revolver (Single Action)

Lost

1

2016

Rifle

Lost

2

2016

Rifle (Bolt Action)

Lost

4

2016

Rifle (Lever Action)

Lost

1

2016

Rifle (Pump Action)

Lost

3

2016

Shotgun

Lost

1

2016

Shotgun (Lever Action)

Lost

1

2016

Shotgun (Pump Action)

Lost

1

2016

Shotgun (Single Barrel)

Lost

21

2016

Shotgun (Under And Over)

Lost

26

Total

62

YEAR

TYPE

STATUS

TOTAL

2016

Air Rifle

Stolen

1

2016

Pistol (Semi Automatic)

Stolen

1

2016

Rifle

Stolen

1

2016

Rifle (Bolt Action)

Stolen

11

2016

Rifle (Pump Action)

Stolen

2

2016

Shotgun (Pump Action)

Stolen

4

2016

Shotgun (Semi Automatic)

Stolen

4

2016

Shotgun (Single Barrel)

Stolen

21

2016

Shotgun (Under And Over)

Stolen

49

Total

94

Additional information:

Please note that the data provided refers only those firearms lost or stolen connected to a firearms certificate as only statistics in relation to licensed firearms were included in previous annual reviews. The types of firearms recorded as lost/stolen on PULSE using a search criteria other than licensed firearms can include objects that should not be recorded as firearms such as imitation firearms, toy guns, gun-safes, flares, etc.

Unaccompanied Minors and Separated Children

Ceisteanna (123)

Caoimhghín Ó Caoláin

Ceist:

123. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of unaccompanied minors that have been relocated here under the refugee protection programme in each of the past 12 months; the country of origin of each; the date on which they were relocated here; and if he will make a statement on the matter. [42127/17]

Amharc ar fhreagra

Freagraí scríofa

As I said in Dáil Éireann on 28 September 2017, when I spoke during the Statements on the Report by the Joint Committee on Justice and Equality on Immigration, Asylum and the Refugee Crisis, the Government is committed to providing protection to those who are most vulnerable.  Priority is given to family groups and unaccompanied children.  Following the adoption last November of the All-Party Motion on the Calais Unaccompanied Minors, concerted efforts have been made to provide a pathway here for such unaccompanied minors as wished to come to Ireland.  My colleague, the Minister for Children and Youth Affairs, Katherine Zappone T.D., established the Calais Special Project within Tusla, the Child and Family Agency.  Working directly with the French authorities, any unaccompanied minors who have been identified as suitable for relocation here have been accepted and provided with the appropriate supports.  No unaccompanied minor who has asked to come to Ireland has been refused.  In total, 26 young persons have been relocated to-date. Some 23 are currently in the care of Tusla and the remainder have been reunited with family members already living in Ireland.  Family tracing and reunification processes are underway for those who remain unaccompanied. I understand that further arrivals are expected under the Calais Special Project and I wish to commend all those involved in the Project for their commitment to implementing this most important commitment.

In addition, Tusla, which has statutory responsibility for the care of unaccompanied minors, has agreed to take up to 20 unaccompanied minors under the EU relocation programme.  To date, six unaccompanied minors, under the stricter Irish definition, have been relocated from Greece but there are relatively few unaccompanied minors available in the cohort of nationalities eligible for the relocation.

Efforts continue to seek further transfers within this cohort and it is hoped that further unaccompanied minors  may arrive from Greece.  In this context, it is worth noting that in its most recent report on relocation and resettlement, the European Commission specifically welcomed the actions taken by Ireland in respect of unaccompanied minors.  However, despite all Ireland's efforts it has proven extraordinarily difficult to find unaccompanied minors in Greece within the cohort eligible for relocation. 

All strands of the IRPP have had a strong focus on families and children and almost half of the admissions to-date have been minors, with almost 85% of this figure aged under 12 years.

The numbers, date of arrival and nationality of the unaccompanied minors are set out in the following table.

Table of admission of UAMs

Arrival Month in Ireland

Country from which Relocated

Number

October 2016

Greece

1

December 2016

Greece

3

January 2017

France

2

March 2017

France

19

April 2017

Greece

2

June 2017

France

1

August 2017

France

1

September 2017

France

3

Total

32

The original country of origin of the 32 unaccompanied minors is as follows:

Afghanistan: 15

South Sudan: 4

Eritrea: 6

Syria: 7

Total: 32

Wildlife Control

Ceisteanna (124)

Noel Rock

Ceist:

124. Deputy Noel Rock asked the Minister for Culture, Heritage and the Gaeltacht if she has been liaising with local authorities regarding the culling of seagulls in Dublin city; and if she will make a statement on the matter. [42126/17]

Amharc ar fhreagra

Freagraí scríofa

The EU Birds Directive allows Member States to make derogations from its protective measures in respect of certain wild bird species in certain circumstances – for example, where they are causing damage to crops, livestock and fauna or represent a threat to public health and safety or to air safety.  In Ireland, Declarations in this regard are renewed annually.

The current Declaration, which is effective from 1 May 2017 to 30 April 2018, includes methods to control seagull species in the Balbriggan area for public safety reasons which may involve the removal of eggs and nests only. 

Finally, my Department does not have a role in undertaking the activities permitted under the Declaration.  I would point out that the culling of seagulls is not permitted and I have not been liaising with local authorities in this regard.

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