Written Answers Nos. 185-197
185. Deputy John Lahart asked the Minister for Justice and Equality the number of bicycles stolen in the Dublin area to date in 2017; the number of bicycles that have been reclaimed by persons; and if he will make a statement on the matter. [44880/17]
Amharc ar fhreagraI am informed by the Garda authorities that to 30 September 2017, 3,398 bicycles have been recorded as stolen in the Dublin Metropolitan Region (DMR). I am also informed that 240 stolen bicycles have been recovered and 72 bicycles have been returned to their owners. These figures are operational, provisional and liable to change.
I am advised by the Garda authorities that bicycle theft is an ongoing problem in every community and that there are a number of factors impacting on the crime trend, in particular the increased number of people utilising pedal cycles now as their preferred form of commuting. I am assured that Garda Management are continuously monitoring crime trends and hot spots to ensure intelligence led operations are put in place to target crimes of this nature.
I understand that a crime prevention initiative called "Info Bike" was commenced in the DMR East in late 2014 and has been implemented in the DMR South Central since June 2015. The objective of this initiative is to reduce bicycle thefts by targeting known crime hot spots, raising awareness, educating the public about the correct locks for bicycles, the correct locking practices and deterring bicycle thieves.
I am further informed that Crime Prevention Officers are liaising with bicycle retailers and other outlets and proffering crime prevention advice, such as:
- recording details of the purchasers together with the bicycle frame number
- advising of various bicycle registration schemes (including local Garda schemes) and
- advising purchasers to purchase good quality locks.
As the vast majority of persons reporting stolen bicycles to An Garda Síochána do not know the frame number of their stolen bicycle, the recording of this information at the point of sale makes returning recovered property easier for An Garda Síochána.
186. Deputy John Brassil asked the Minister for Justice and Equality his plans to provide the necessary funding to the Courts Service in Tralee, County Kerry, to carry out the refurbishment and upgrade works on the existing site at Tralee courthouse (details supplied); and if he will make a statement on the matter. [44908/17]
Amharc ar fhreagraAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that, as part of its provincial capital building programme, one of the objectives is to provide improved court accommodation in Tralee.
The Courts Service has advised that it appreciates that the courthouse on Ashe Street is an imposing historic building in the centre of the town, however the scope for refurbishing and developing the courthouse to provide the range of services expected in a modern courthouse is extremely limited due to the nature of the building and the constrained nature of the site.
Accordingly, the Courts Service is currently considering a number of options for Tralee Courthouse including the level of extension and refurbishment that is achievable within the confines of the existing site; whether it is feasible to consider refurbishment and extension of the existing courthouse; if an adjacent town centre site could be purchased or whether it should build a completely new courthouse on a new site.
Tralee is one of a number of provincial city/county town venues nationwide still requiring new or upgraded courthouse accommodation and collectively these venues will be the next priority for investment in courthouse facilities outside the capital.
187. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when a report (details supplied) on the Stardust tragedy submitted to his Department on 17 October 2017 will be laid before the Houses of the Oireachtas and published; and if he will make a statement on the matter. [44957/17]
Amharc ar fhreagraJudge McCartan’s report was formally submitted to my Department on 17 October 2017. The report is under consideration at present and has been sent to the Office of the Attorney General for advices. I intend to bring the report to Cabinet following receipt of those advices, following which I will lay the report before the Houses of the Oireachtas and publication will follow thereafter.
189. Deputy Alan Farrell asked the Minister for Justice and Equality his plans to include specific provisions in the Data Protection Bill 2017 to acknowledge a child's right to be forgotten regarding their information online; his further plans to implement measures which take into account the age at which the person posts information online with regard to decisions on the removal of a person's personal information from the Internet in order to generate stronger protections for children and young persons; and if he will make a statement on the matter. [44989/17]
Amharc ar fhreagraThe position is that the General Data Protection Regulation (Regulation (EU) 2016/679), which will apply with effect from 25 May 2018, incorporates increased protections for the personal data of children. For the most part, this Regulation's rules are directly applicable and do not, therefore, require transposition into national law in the forthcoming Data Protection Bill.
With regard to the "right to be forgotten" (i.e. right to erasure of personal data), Article 17 provides for the right to have personal data erased where the data are no longer required for the purpose for which they were collected or otherwise processed. It also applies where an individual data subject withdraws his or her consent to the processing of the data, and where the data subject objects to the processing and there is no overriding legitimate interest to justify continuation of the processing.
As regards children, the right additionally applies where the personal data are processed in the context of internet services. Recital 65 of the Regulation underlines the importance of the "right to be forgotten" where consent to processing was given when the data subject was a child and not, therefore, fully aware of the risks involved and later wants to remove such personal data, especially on the internet. As already stated, Article 17 is directly applicable and does not require transposition in the Data Protection Bill.
Article 8(1) of the Regulation provides, in the case of information society services offered directly to a child, that the processing of the child's personal data shall be lawful only if and to the extent that consent of the child's parent or guardian has been obtained; the applicable age threshold is 16 years or an age not below 13 years determined by national law. Article 8(2) imposes an obligation on the providers of information society services to children to make reasonable efforts to verify that the necessary consent is given, taking into consideration available technology.
In June last, following completion of consultation processes by my Department and the Government's Data Forum, the Government approved a "digital age of consent" threshold of 13 years for inclusion in the Data Protection Bill.
Supervision and enforcement of the Regulation's provisions in relation to children will be a matter for the independent Data Protection Commissioner.
190. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if extra regular Garda patrols will be allocated to an area (details supplied) in Dublin 13; and if he will make a statement on the matter. [45019/17]
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.
The area referred to by the Deputy forms part of the Raheny District and I am informed by the Commissioner that the Garda strength of the District on 31 August 2017, the latest date for which figures are readily available, was 163. 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.
I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 15 have been assigned to the Raheny District. In addition, another 200 trainee Garda are scheduled to attest later 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.
I can say that 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 to deter crime. The substantial increase in Garda numbers is tangible progress on achieving this Government’s vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.
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 needed to deploy increasing numbers of Gardaí across every Garda Division, in the coming years.
191. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality when the additional gardaí and resources committed to Newbridge and Rathangan in south County Kildare will be deployed. [45050/17]
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.
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 to deter crime. The substantial increase in Garda numbers is tangible progress on achieving this Government’s vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am informed by the Commissioner that the Garda Districts of Newbridge and Rathangan are part of the Kildare Division. The Garda strength of the Kildare Division on 31 August 2017, the latest date for which figures are readily available, was 343. There are also 20 Garda Reserves and 30 civilians attached to the 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.
I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 72 of whom have been assigned to the Kildare District. In addition, another 200 trainee Garda are scheduled to attest later 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.
I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.
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 needed to deploy increasing numbers of Gardaí across every Garda Division, including the Kildare Division, in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. Some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure over the period 2016 to 2021.
The Capital Plan 2016 – 2021 provides for an investment of €46 million the Garda fleet to ensure that An Garda Síochána has a modern, effective and fit for purpose fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. In the period 2013 to end of 2017 almost €44 million will have been invested in the fleet with some 2,000 vehicles coming on stream in that period.
This investment in resources will facilitate the provision of more effective policing services and I expect that the Kildare Division, like all other Garda Divisions will benefit from these new resources becoming available.
192. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality when the right to work for persons seeking asylum arising from the recent Supreme Court ruling will be implemented; and if he will make a statement on the matter. [45051/17]
Amharc ar fhreagraThe Supreme Court judgement in the case of N.V.H. v. The Minister for Justice and Equality found, on 30 May last, that in an international protection system with no temporal limits as to when the application process will be concluded, an absolute prohibition on the right to work for international protection applicants is contrary to the right to seek employment under the Constitution. The Court recognises that this is a matter for the Executive and Legislature to consider and accordingly has adjourned consideration of the Order the Court should make for a period of six months.
Following the approval of Government, I established an Inter-Departmental Taskforce to examine the wide-ranging implications of the judgement, and to consider appropriate solutions. The Taskforce is also examining the legal options available to the State to give effect to the judgement.
The Taskforce is due to report back to Government shortly in preparation for the State's response to the Court judgement. In the circumstances, it would be inappropriate for me comment further in advance of the Taskforce completing its deliberations on the matter.
193. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the reason for the delay in ratifying the United Nations Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [45052/17]
Amharc ar fhreagraIreland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.
It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Act 2017 has reformed Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.
The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.
The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of deprivation of liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.
I would like to take this opportunity to assure the Deputy that ratification of the UNCRPD remains a very high priority for me as Minister.
194. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of refugees accepted here in 2016 under the Irish refugee protection programme; if this number is deemed adequate by his Department; and if he will make a statement on the matter. [45053/17]
Amharc ar fhreagraThe Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State. Of these, 2,622 are by means of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece. A further 1,040 are to be sourced under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon, and the balance through a variety of mechanisms. Some elements of this intake, such as the relocation strand, come with a time limit of two years and other elements are not time limited.
Under the resettlement strand of the Programme, 357 persons arrived in Ireland during 2016. Taken together with the previous year's intake, Ireland had taken in 519 of its original commitment of 520 by the end of 2016, a year ahead of schedule. Last year, the Government doubled its commitment under resettlement to 1,040 and the total to have arrived from Lebanon under refugee resettlement now stands at 785. The remaining 255 persons to arrive under resettlement have been selected and assessed and are expected to arrive in early 2018 together with an additional 15 persons, composed of new born babies and additional family members, giving a total of 270.
In terms of the relocation aspect of the IRPP, allocations under the relevant EU Council Decisions are composed of three elements:
- an intake from Greece of 1,089 asylum seekers
- an intake from Italy of 623 asylum seekers and
- an allocation of 910 asylum seekers which has not yet been assigned to either Italy or Greece.
Ireland will meet in full its commitment to Greece. 621 of the allocation of 1,089 are already in the State. Of these, 381 arrived during 2016. A further 390 have been assessed and are awaiting travel to Ireland. All will arrive in 2017 or early 2018.
However, Italy, unlike Greece, did not permit security assessments to be undertaken by other States on its territory. Accordingly, Ireland has been unable to undertake security assessments in Italy of the asylum seeker cohort eligible for relocation to Ireland. It has therefore not been possible for Ireland to take asylum seekers from Italy despite the most intensive efforts by Ireland to resolve the impasse, both bilaterally with Italian counterparts at official, diplomatic and Ministerial level, and at EU level.
In terms of the unallocated portion contained in the two EU Council Decisions referred to above, which in the case of Ireland amounts to 910 persons, Ireland could not access this component until a decision was taken at EU level to allocate these numbers as between Greece and Italy. Given that it is now clear the numbers of persons covered by the two Relocation Decisions do not actually exist on the ground in Greece or Italy, it is not foreseen that this number will ever be available to Ireland.
Ireland has worked actively to give effect to the EU relocation Decisions. But the relocation instruments are unlikely to deliver the numbers allocated to Ireland for the reasons set out above. In all the circumstances I am satisfied that Ireland has made every possible effort to meet its commitments, that the commitment by Ireland to accept 4,000 persons remains and that Ireland will fill any gaps arising from the relocation instruments using other mechanisms such as pledges for resettlement of programme refugees. This process is already underway and on 15 September 2017 a new pledge was made to the European Commission to take a further 345 programme refugees in 2018. We are also examining other options to ensure that Ireland delivers on its commitments and expect to make an announcement in the very near future.
195. Deputy Michael McGrath asked the Minister for Justice and Equality the number of appeals to the court regarding the rejection of an insolvency proposal by a creditor submitted to date in 2017 (details supplied); the outcome in each; and if he will make a statement on the matter. [45060/17]
Amharc ar fhreagraI wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information will be forwarded to the Deputy as soon as it is to hand.
196. Deputy Michael McGrath asked the Minister for Justice and Equality the outcome of protective certificates for personal insolvency arrangements to date in 2017; the number and percentage that were classified as yes vote/court confirmed, no vote and protective certificates expired respectively; and if he will make a statement on the matter. [45061/17]
Amharc ar fhreagra197. Deputy Michael McGrath asked the Minister for Justice and Equality the number of personal insolvency cases commenced in 2017; the number that have been successful; the number that have failed; the timeframe to conclude these cases; the number of personal insolvency cases entered into the appeals process; the outcome of these cases; the time taken; and if he will make a statement on the matter. [45062/17]
Amharc ar fhreagraI propose to take Questions Nos. 196 and 197 together.
The Insolvency Service of Ireland (ISI) publishes a quarterly statistical report, which is available on www.isi.gov.ie. The Deputy will note from page 11 of the ISI's most recent statistical report, that:
- the number of new applications during the period in question (quarter 1 and quarter 2 of 2017) was 2,561 of which 2,226 relate to Personal Insolvency Arrangements.
- the number of Protective Certificates during the period amounted to 1,107 of which 956 relate to Personal Insolvency Arrangements.
- the number of solutions approved by Court during the period amounted to 587 of which 400 relate to Personal Insolvency Arrangements.
On page 7 of the quarterly report, there is an analysis of creditor acceptance/rejection rates. The following table is an extract from that report.
|
Outcome |
DSA |
PIA |
Total |
|
YES vote /Court confirmed |
69.7% |
56.0% |
58.8% |
|
NO vote |
7.5% |
19.4% |
16.9% |
|
Protective certificates expired |
22.8% |
24.6% |
24.2% |
Since commencement of the section 115A court review process, there have been 632 applications (figures up to 20/10/17). The majority of these cases have yet to reach conclusion. A summary of those that have reached a conclusion is set out as follows.
|
Outcomes from original S115A application |
180 |
|
Reviews approved |
57 |
|
Reviews dismissed (including 51 objections upheld on consent) |
97 |
|
Reviews withdrawn by debtor |
26 |
|
Outcomes to High Court Appeals of Circuit Court Decisions: |
18 |
|
Reviews approved |
4 |
|
Reviews dismissed |
9 |
|
Reviews struck out/withdrawn |
5 |
It is not possible to state with accuracy the time taken to progress a review application, as each case is treated on its own merits, and is dependent on a number of factors, including whether any application is objected to by a creditor.
