Joe Carey
Ceist:123. Deputy Joe Carey asked the Minister for Justice and Equality the position regarding the Domestic Violence Bill 2017; and if he will make a statement on the matter. [48467/17]
Amharc ar fhreagraProposed Legislation
Ceisteanna (123)
Freagraí scríofa
The Domestic Violence Bill 2017 is awaiting resumption of Committee Stage in the Seanad. The Deputy will understand that it is not possible for me to predict the outcome of the legislative process with regard to this or any other Bill. However, my aim is that the Bill will be enacted as soon as possible.
Garda Deployment
Ceisteanna (124)
Donnchadh Ó Laoghaire
Ceist:124. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of dedicated community gardaí in the service of An Garda Síochána in each of the past seven years; and the number of dedicated community gardaí in the Cork city Garda district in each of the past seven years. [48473/17]
Amharc ar fhreagraFreagraí scríofa
As 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.
Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations.
I am informed by the Garda Commissioner that the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies. All Gardaí have a role to play in community policing in carrying out their duties. In addition, the National Community Policing Office, attached to the Garda Community Relations Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network.
An Garda Síochána's Modernisation and Renewal Programme 2016-2021, published in June 2016, places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. It will result in the introduction of multi-skilled Community Policing Teams in every District.
These Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime. In addition, each Community Policing Team will be supported by a Community Safety Forum. The Forum which will comprise of local Gardaí, members of the public and community groups will promote crime prevention strategies. This clear and consistent approach to community policing will ensure a better service and enhanced community safety.
In terms of progress on this important initiative, I am informed by the Commissioner that a draft Community Policing Framework which outlines the manner in which Community Policing Teams and Community Safety Fora will be established has been completed and is subject to internal review before being approved by the Executive for implementation.
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.that a number of Community Policing Teams will be established on a pilot basis early next year.
I am 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, 119 of whom have been assigned to the D.M.R. West Division. 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 D.M.R. West Division, in the coming years.
The information requested by the Deputy is set out in the following table.
Strength of Community Gardaí 2009-2017*
|
Year |
Total Strength |
Cork City Division |
|
2010 |
1182 |
32 |
|
2011 |
1112 |
31 |
|
2012 |
1034 |
31 |
|
2013 |
939 |
32 |
|
2014 |
852 |
28 |
|
2015 |
807 |
24 |
|
2016 |
718 |
26 |
|
2017* |
744 |
27 |
*up to 30 September 2017
Immigration Controls
Ceisteanna (125)
Richard Boyd Barrett
Ceist:125. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the avenue for complaint that exists for a naturalised citizen when they are constantly being stopped by immigration officers when coming through Irish airports (details supplied). [48481/17]
Amharc ar fhreagraFreagraí scríofa
I refer to my response to the Deputy's question of 26 October 2017 (Dáil Question No. 118) when I made it clear that racial profiling is not a feature of Irish immigration control. I want to reiterate that position.
A person who wishes to make a complaint at Dublin Airport in respect of frontline immigration checks may do so by submitting details of the subject matter of the complaint to Border Management Unit at bmu@justice.ie.
At an airport outside of Dublin, where immigration officers are members of An Garda Síochaná, complaints may be made to the Garda Síochaná Ombudsman Commission.
Legislative Measures
Ceisteanna (126)
John Curran
Ceist:126. Deputy John Curran asked the Minister for Justice and Equality his plans to amend the Electronic Commerce Act 2000 in order to facilitate the use of a digital signature for deeds of transfer and for sworn affidavits; and if he will make a statement on the matter. [48505/17]
Amharc ar fhreagraFreagraí scríofa
The position is that section 10(1) of the Electronic Commerce Act 2000 contains the following exclusion from its scope:
(a) the law governing the creation, execution, amendment, variation or revocation of—
(i) a will, codicil or any other testamentary instrument to which the Succession Act 1965 , applies,
(ii) a trust, or
(iii) an enduring power of attorney,
(b) the law governing the manner in which an interest in real property (including a leasehold interest in such property) may be created, acquired, disposed of or registered, other than contracts (whether or not under seal) for the creation, acquisition or disposal of such interests,
(c) the law governing the making of an affidavit or a statutory or sworn declaration, or requiring or permitting the use of one for any purpose, or
(d) the rules, practices or procedures of a court or tribunal,
except to the extent that regulations under section 3 of the Act may from time to time prescribe.
Subsections (2) and (3) of section 10 provide, however, that the scope of the Act may be extended to excluded areas or subjects by means of regulations made by the Minister concerned where the Minister is of the opinion that:
(a) technology has advanced to such an extent, and access to it is so widely available, or
(b) adequate procedures and practices have developed in public registration or other services, so as to warrant such action, or
(c) the public interest so requires,
Before doing so, the Minister is required to consult with such Minister or Ministers as in the Minister's opinion has or have a sufficient interest or responsibility in relation to the area or subject concerned.
During Second Stage discussions of the Bill on 23 May 2000, the then Minister for Public Enterprise explained the background as follows:
"Part 2 [of the Bill] provides for equivalence between the electronic and paper world. Section 9 lays down the fundamental principle on which the Bill is founded, that information in electronic form cannot be denied legal effect, validity or enforceability merely on the basis that it is in electronic form. A number of areas of our laws to which it is proposed the Bill will not initially apply are outlined in section 10. Laws governing the registration of immovable property, wills, trusts and enduring powers of attorney are excluded because it is felt the technology and systems are not yet at a stage where they could cope with the execution of such transactions electronically. These areas are excluded only for the time being. Once it is appropriate to extend the legislation to these areas, the Minister of the day has the power to make regulations to extend the application of the legislation to them."
It is clear, therefore, that exclusions from the scope of the Act are not intended to be permanent. However, any extension of the Act to excluded areas or subjects must have regard to the need for safeguards against fraud and impersonation. This applies in particular to situations in which the signature of witnesses is currently required.
In light of the foregoing, it is clear that any future extension of the scope of the Electronic Commerce Act will necessitate a comprehensive consultation process involving all relevant stakeholders. Responsibility for launching such a process lies, in the first instance, with the relevant Minister and Department, i.e. the Minister and Department of Communications, Climate Act and Environment as the holders of responsibility for the relevant area of the former Minister and Department for Public Enterprise. I can, of course, confirm that my Department is willing to engage in any such consultations. I would also encourage and expect that other important statutory and non-statutory stakeholders, including the Courts Service and the legal and business communities, to contribute to such a consultation process.
Garda Deployment
Ceisteanna (127)
Jack Chambers
Ceist:127. Deputy Jack Chambers asked the Minister for Justice and Equality the number and position of gardaí and community gardaí stationed in Dublin metropolitan region west in each of the years 2009 to 2016, in tabular form; and if he will make a statement on the matter. [48511/17]
Amharc ar fhreagraFreagraí scríofa
As 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.
Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations.
I am informed by the Garda Commissioner that the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies. All Gardaí have a role to play in community policing in carrying out their duties. In addition, the National Community Policing Office, attached to the Garda Community Relations Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network.
An Garda Síochána's Modernisation and Renewal Programme 2016-2021, published in June 2016, places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. It will result in the introduction of multi-skilled Community Policing Teams in every District.
These Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime. In addition, each Community Policing Team will be supported by a Community Safety Forum. The Forum which will comprise of local Gardaí, members of the public and community groups will promote crime prevention strategies. This clear and consistent approach to community policing will ensure a better service and enhanced community safety.
In terms of progress on this important initiative, I am informed by the Commissioner that a draft Community Policing Framework which outlines the manner in which Community Policing Teams and Community Safety Fora will be established has been completed and is subject to internal review before being approved by the Executive for implementation. The Commissioner anticipates that a number of Community Policing Teams will be established on a pilot basis early next year.
I am informed by the Commissioner that on the 30 September 2017 the latest date for which figures are readily available the strength of the Dublin Metropolitan Region West Division was 652, 66 of which were Community Gardaí. There are also 27 Garda Reserves and 49 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, 119 of whom have been assigned to the D.M.R. West Division. 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.
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, including the D.M.R. West Division, in the coming years.
I am informed by the Commissioner that the Garda strength and the Community Garda Strength of the D.M.R. West Division by rank, in each of the years 2009 to 2016 is as set out in the following tables.
Strength of Community Garda in D.M.R. West Division 2009-2016
|
Year |
Sergeant |
Garda |
Total |
|
2009 |
9 |
74 |
83 |
|
2010 |
9 |
80 |
89 |
|
2011 |
7 |
76 |
83 |
|
2012 |
8 |
72 |
80 |
|
2013 |
8 |
60 |
68 |
|
2014 |
5 |
57 |
62 |
|
2015 |
7 |
56 |
63 |
|
2016 |
5 |
48 |
53 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2009
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
169 |
29 |
3 |
2 |
1 |
204 |
|
|
CABRA |
60 |
9 |
1 |
70 |
||||
|
FINGLAS |
105 |
12 |
1 |
118 |
||||
|
TOTAL |
334 |
50 |
5 |
2 |
1 |
392 |
||
|
CLONDALKIN |
BALLYFERMOT |
84 |
10 |
1 |
95 |
|||
|
CLONDALKIN |
82 |
11 |
4 |
1 |
98 |
|||
|
RATHCOOLE |
23 |
1 |
24 |
|||||
|
TOTAL |
189 |
22 |
5 |
1 |
217 |
|||
|
LUCAN |
LUCAN |
74 |
10 |
3 |
1 |
88 |
||
|
RONANSTOWN |
78 |
13 |
1 |
92 |
||||
|
TOTAL |
152 |
23 |
4 |
1 |
180 |
|||
|
D.M.R. WEST TOTAL |
675 |
95 |
14 |
4 |
1 |
789 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2010
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
157 |
31 |
4 |
2 |
1 |
195 |
|
|
CABRA |
60 |
8 |
68 |
|||||
|
FINGLAS |
105 |
14 |
3 |
122 |
||||
|
TOTAL |
322 |
53 |
7 |
2 |
1 |
385 |
||
|
CLONDALKIN |
BALLYFERMOT |
84 |
13 |
2 |
99 |
|||
|
CLONDALKIN |
83 |
13 |
3 |
1 |
100 |
|||
|
RATHCOOLE |
26 |
2 |
28 |
|||||
|
TOTAL |
193 |
28 |
5 |
1 |
227 |
|||
|
LUCAN |
LUCAN |
67 |
9 |
3 |
1 |
80 |
||
|
RONANSTOWN |
81 |
14 |
1 |
96 |
||||
|
TOTAL |
148 |
23 |
4 |
1 |
176 |
|||
|
D.M.R. WEST TOTAL |
663 |
104 |
16 |
4 |
1 |
788 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2011
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
155 |
24 |
4 |
2 |
1 |
186 |
|
|
CABRA |
66 |
9 |
75 |
|||||
|
FINGLAS |
103 |
14 |
3 |
120 |
||||
|
TOTAL |
324 |
47 |
7 |
2 |
1 |
381 |
||
|
CLONDALKIN |
BALLYFERMOT |
83 |
11 |
2 |
96 |
|||
|
CLONDALKIN |
81 |
13 |
3 |
1 |
98 |
|||
|
RATHCOOLE |
25 |
2 |
27 |
|||||
|
TOTAL |
189 |
26 |
5 |
1 |
221 |
|||
|
LUCAN |
LUCAN |
61 |
6 |
4 |
1 |
72 |
||
|
RONANSTOWN |
81 |
15 |
1 |
97 |
||||
|
TOTAL |
142 |
21 |
5 |
1 |
169 |
|||
|
D.M.R. WEST TOTAL |
655 |
94 |
17 |
4 |
1 |
771 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2012
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
139 |
18 |
2 |
2 |
1 |
162 |
|
|
CABRA |
75 |
10 |
85 |
|||||
|
FINGLAS |
101 |
13 |
3 |
117 |
||||
|
TOTAL |
315 |
41 |
5 |
2 |
1 |
364 |
||
|
CLONDALKIN |
BALLYFERMOT |
80 |
11 |
2 |
93 |
|||
|
CLONDALKIN |
79 |
12 |
3 |
1 |
95 |
|||
|
RATHCOOLE |
25 |
1 |
26 |
|||||
|
TOTAL |
184 |
24 |
5 |
1 |
214 |
|||
|
LUCAN |
LUCAN |
61 |
7 |
4 |
1 |
73 |
||
|
RONANSTOWN |
80 |
12 |
1 |
93 |
||||
|
TOTAL |
141 |
19 |
5 |
1 |
166 |
|||
|
D.M.R. WEST TOTAL |
640 |
84 |
15 |
4 |
1 |
744 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2013
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
134 |
21 |
4 |
2 |
1 |
162 |
|
|
CABRA |
72 |
10 |
1 |
83 |
||||
|
FINGLAS |
95 |
11 |
2 |
108 |
||||
|
TOTAL |
301 |
42 |
7 |
2 |
1 |
353 |
||
|
CLONDALKIN |
BALLYFERMOT |
76 |
9 |
2 |
87 |
|||
|
CLONDALKIN |
77 |
10 |
3 |
1 |
91 |
|||
|
RATHCOOLE |
22 |
1 |
23 |
|||||
|
TOTAL |
175 |
20 |
5 |
1 |
201 |
|||
|
LUCAN |
LUCAN |
60 |
7 |
4 |
1 |
72 |
||
|
RONANSTOWN |
77 |
13 |
1 |
91 |
||||
|
TOTAL |
137 |
20 |
5 |
1 |
163 |
|||
|
D.M.R. WEST TOTAL |
613 |
82 |
17 |
4 |
1 |
717 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2014
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
130 |
20 |
4 |
2 |
156 |
||
|
CABRA |
64 |
8 |
1 |
73 |
||||
|
FINGLAS |
93 |
13 |
2 |
108 |
||||
|
TOTAL |
287 |
41 |
7 |
2 |
337 |
|||
|
CLONDALKIN |
BALLYFERMOT |
73 |
11 |
1 |
85 |
|||
|
CLONDALKIN |
75 |
9 |
4 |
1 |
89 |
|||
|
RATHCOOLE |
22 |
1 |
23 |
|||||
|
TOTAL |
170 |
21 |
5 |
1 |
197 |
|||
|
LUCAN |
LUCAN |
59 |
10 |
4 |
1 |
74 |
||
|
RONANSTOWN |
77 |
13 |
1 |
91 |
||||
|
TOTAL |
136 |
23 |
5 |
1 |
165 |
|||
|
D.M.R. WEST TOTAL |
593 |
85 |
17 |
4 |
699 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2015
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
127 |
20 |
4 |
2 |
1 |
154 |
|
|
CABRA |
60 |
6 |
1 |
67 |
||||
|
FINGLAS |
92 |
12 |
2 |
106 |
||||
|
TOTAL |
279 |
38 |
7 |
2 |
1 |
327 |
||
|
CLONDALKIN |
BALLYFERMOT |
74 |
11 |
1 |
86 |
|||
|
CLONDALKIN |
76 |
8 |
2 |
1 |
87 |
|||
|
RATHCOOLE |
20 |
1 |
21 |
|||||
|
TOTAL |
170 |
20 |
3 |
1 |
194 |
|||
|
LUCAN |
LUCAN |
60 |
9 |
3 |
1 |
73 |
||
|
RONANSTOWN |
80 |
13 |
1 |
94 |
||||
|
TOTAL |
140 |
22 |
4 |
1 |
167 |
|||
|
D.M.R. WEST TOTAL |
589 |
80 |
14 |
4 |
1 |
688 |
GARDA STRENGTH OF D.M.R. WEST 31 DECEMBER 2016
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
117 |
19 |
4 |
2 |
1 |
143 |
|
|
CABRA |
52 |
7 |
2 |
61 |
||||
|
FINGLAS |
95 |
10 |
1 |
106 |
||||
|
TOTAL |
264 |
36 |
7 |
2 |
1 |
310 |
||
|
CLONDALKIN |
BALLYFERMOT |
72 |
12 |
1 |
85 |
|||
|
CLONDALKIN |
78 |
12 |
3 |
1 |
94 |
|||
|
RATHCOOLE |
18 |
1 |
19 |
|||||
|
TOTAL |
168 |
25 |
4 |
1 |
198 |
|||
|
LUCAN |
LUCAN |
60 |
9 |
4 |
1 |
74 |
||
|
RONANSTOWN |
77 |
13 |
1 |
91 |
||||
|
TOTAL |
137 |
22 |
5 |
1 |
165 |
|||
|
D.M.R. WEST TOTAL |
569 |
83 |
16 |
4 |
1 |
673 |
Residency Permits
Ceisteanna (128)
Donnchadh Ó Laoghaire
Ceist:128. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the status of a case (details supplied). [48512/17]
Amharc ar fhreagraFreagraí scríofa
I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied on 31 December 2012 for a residence card as a family member of an EU citizen under the provisions of Article 20 of the Treaty on the Functioning of the European Union and the Judgement of the Court of Justice of the European Union in Chen, C-200/02. They stated at that time that they were the parent of a minor EU citizen child.
This application was refused on 04 July 2013 as the person concerned had failed to establish that they were the primary carer of the minor EU citizen child concerned. As such, they were informed the provisions of the CJEU Judgment in Chen did not apply in their case.
The person concerned made a second application under the provisions of the Chen judgment on 17 December 2014. On foot of this application, they provided evidence that they were the primary carer of the EU citizen child in question, that they were in possession of private medical insurance, and that they had been offered part-time employment in the State. The person concerned was informed on 07 May 2015 that their application had been approved and that they were to be provided with permission to remain in the State under Stamp 4 conditions for a period of two years, until 06 May 2017.
On 12 May 2017, the person concerned made a further application under the Chen judgment. However, they were informed on 03 October 2017 that their application had been refused. This was because they had failed to provide a valid passport and had failed to provide documentary evidence that they and the EU citizen child were in possession of private medical insurance. Furthermore, the person concerned had failed to provide satisfactory evidence that they were residing in the State with sufficient resources, as is required under the Chen judgment.
The person concerned applied for a review of this decision on 20 October 2017. This request has been acknowledged, and the person concerned has been informed that their request for a review has been accepted. The person concerned has also been advised that this review will be carried out on the basis of the documentation and information available to the Decision Officer at the time the original decision was made. They have also been advised that that it is open to them to submit any representations they may wish to make outlining where they feel the Decision Officer in their case erred in fact or law, along with any evidence they may have to support this.
This application will be considered in due course, and the applicant will be informed of the decision of the Review Officer. Although it is not possible at the present time to provide a definitive date by which this application will be considered, there will be no avoidable delay in processing said application.
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.
Firearms and Ammunition Security
Ceisteanna (129)
Joe Carey
Ceist:129. Deputy Joe Carey asked the Minister for Justice and Equality the membership of the firearms consultative panel; the reason that a representative organisation (details supplied) is not a member; and if he will make a statement on the matter. [48513/17]
Amharc ar fhreagraFreagraí scríofa
The re-establishment of the Firearms Consultative Panel (FCP) was part of a package of measures which the previous Minister announced in September 2015 to address both immediate and long term issues in relation to firearms licensing. It is important to have the views of a broad range of interests represented on the panel. At the same time, it is necessary to strike a balance and not allow this panel to expand to the point where the numbers hamper progress being made. The membership of this panel is made up of the following organisations:
- Sports Coalition
- National Association of Regional Game Councils
- Target Shooting Ireland
- National Rifle Association of Ireland
- Irish Sports Council
- National Parks & Wildlife Service
- Wild Deer Association
- Irish Deer Society
- Irish Clay Pigeon Shooting Association
- Countryside Alliance
- Irish Farmers' Association
- National Association of Sporting Rifle and Pistol Clubs
- An Garda Síochána
Officials from my Department met with the organisation in question in July of this year to discuss matters of concern to them, including matters relevant to firearms dealers. The Department advised that membership of the FCP was at maximum capacity and that there was little benefit to be gained from duplicating representatives of firearms dealers on the group. In addition, other sectors might well respond by also seeking increased representation, making the whole process unmanageable. In this regard it should be noted there are currently 4 firearms dealers on the group.
Gender Balance
Ceisteanna (130)
Mary Lou McDonald
Ceist:130. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the gender balance on each of the State boards under his remit, in tabular form. [48568/17]
Amharc ar fhreagraFreagraí scríofa
The information requested by the Deputy in relation to these boards is set out in the following table. The National Strategy for Women and Girls 2017 - 2020 will provide renewed impetus for action to ensure that all State Boards achieve the 40% target for representation of women and men. Where the 40% target has been reached, Ministers and nominating bodies will be encouraged to move to a 45% target aimed at achieving gender parity in State Board representation.
|
Name of board |
Total number on the board |
Number of Women on the board |
Number of Men on the Board |
Percentage of Women on the Board |
Percentage of Men on the Board |
|
Classification of Films Appeal Board |
7 |
3 |
4 |
43% |
57% |
|
Censorship of Publications Board |
5 |
3 |
2 |
60% |
40% |
|
*Censorship of Publications Appeal Board |
0 |
0 |
0 |
0 |
0 |
|
Courts Service Board |
14 |
3 |
11 |
21% |
79% |
|
Garda Síochána Arbitration Board |
3 |
0 |
3 |
0 |
100% |
|
*Garda Síochána Ombudsman Commission |
2 |
1 |
1 |
50% |
50% |
|
*Irish Human Rights and Equality Commission |
8 |
5 |
3 |
62% |
38% |
|
Judicial Appointments Advisory Board |
10 |
3 |
7 |
30% |
70% |
|
*Legal Aid Board |
12 |
7 |
5 |
58% |
42% |
|
Mental Health(Criminal Law) Review Board |
4 |
3 |
1 |
75% |
25% |
|
National Disability Authority |
13 |
7 |
6 |
54% |
46% |
|
Ordnance Survey Ireland |
9 |
2 |
7 |
22% |
78% |
|
Parole Board |
12 |
2 |
10 |
17% |
83% |
|
Policing Authority |
8 |
4 |
4 |
50% |
50% |
|
Private Security Authority |
11 |
2 |
9 |
18% |
82% |
|
Private Security Appeals Board |
6 |
2 |
4 |
33% |
67% |
|
Property Registration Authority |
11 |
5 |
6 |
45% |
55% |
|
Property Services Appeal Board |
5 |
2 |
3 |
40% |
60% |
|
Property Services Regulatory Authority |
11 |
6 |
5 |
55% |
45% |
|
Valuation Tribunal |
25 |
9 |
16 |
36% |
64% |
* Vacancies currently exist on the Boards of the Garda Síochána Ombudsman Commission, Irish Human Rights and Equality Commission and Legal Aid Board and are currently being addressed. Therefore the numbers indicated above are those based on the last full composition for those boards.
Existing members of the Censorship of Publications Board were re-appointed for a second term in February 2017. As the Board has a minimal workload and no appeals have been received since the terms of appointment of the last Censorship of Publication Appeals Board expired, it is not proposed to conduct a State Boards recruitment and selection process to appoint members to the Appeals Board at this time.
Question No. 131 answered with Question No. 119.
Residency Permits
Ceisteanna (132)
Bernard Durkan
Ceist:132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to regularise residency in the case of a person (details supplied); and if he will make a statement on the matter. [48653/17]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that from the limited information provided, it appears that the person concerned may never have had permission to remain in the State, and they should be aware that under Section 5 of the Immigration Act 2004 it is unlawful for a non-national to be in the State other than in accordance with the terms of any permission given by the Minister for Justice and Equality. The person concerned should present themselves at their local Immigration Office without delay.
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.
Family Reunification Applications
Ceisteanna (133)
Bernard Durkan
Ceist:133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for family reunification in the case of a person (details supplied); and if he will make a statement on the matter. [48654/17]
Amharc ar fhreagraFreagraí scríofa
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for family reunification was received in December 2016 in respect of the person concerned. The application is currently being processed. Applications for family reunification are dealt with in strict chronological order to ensure fairness to all applicants.
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.
Immigration Status
Ceisteanna (134)
Bernard Durkan
Ceist:134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of persons (details supplied); if the case will be examined as a matter of urgency with a view to naturalisation; and if he will make a statement on the matter. [48655/17]
Amharc ar fhreagraFreagraí scríofa
From the limited information provided, it appears that the person concerned currently has no permission to remain in the State, and they should be aware that under section 5 of the Immigration Act 2004 it is unlawful for a non-national to be in the State other than in accordance with the terms of any permission given by the Minister for Justice and Equality. As the person in question does not appear to have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should be advised to write to Unit 2 Residence Division, INIS, Burgh Quay, Dublin 2 without delay and to include their current address, an outline of their history in the State, and a full copy of their passport or passports since their arrival in the State.
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.
Immigration Status
Ceisteanna (135)
Bernard Durkan
Ceist:135. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the residency and eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [48656/17]
Amharc ar fhreagraFreagraí scríofa
I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to reside in this State on Stamp 4 EUFam conditions for a period of 5 years on 16 July 2013 on the basis of their marriage to an EU citizen.
I understand that INIS wrote to the person concerned on 30 May 2017 in relation to concerns regarding non-compliance with the requirements of community law. I am further advised that representations made by the person concerned on 16 June 2017 are under investigation by INIS.
I am also informed that the person concerned subsequently submitted a separate application to INIS for a change of status of residence permission on 01 June 2017. INIS is not in a position to consider this distinct application until such a time as the matter referred to above has been finalised by INIS.
I am also advised by INIS that there is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. Detailed information on Irish citizenship and naturalisation , as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie
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.
Immigration Status
Ceisteanna (136)
Bernard Durkan
Ceist:136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures applicable to regularise residency and determine eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [48657/17]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for the Reactivation of Employment Permit Permission for the person concerned remains under consideration. To allow full consideration of the circumstances of this case, INIS inform me that they have had to write to the person concerned on at least six separate occasions in order to seek clarification on the person's situation. INIS awaits a reply to its latest correspondence dated 27 October 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.
Direct Provision System
Ceisteanna (137)
Bernard Durkan
Ceist:137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) can be re-accommodated in direct provision; and if he will make a statement on the matter. [48660/17]
Amharc ar fhreagraFreagraí scríofa
The Reception and Integration Agency (RIA) of my Department offers accommodation and related services to those in the International Protection process. At the end of October 2017, RIA was accommodating over 4,800 persons and the effective vacancy rate was just over 2% of its overall capacity.
The focus of RIA at the present time is to offer these vacancies (while managing its overall portfolio) to those who are entering the process rather than making accommodation available to those who already have accommodation with colleagues or friends while their application for protection is being considered.
Due to on going pressure on the accommodation available to the Department it is not possible at this time to offer the person in question accommodation within the portfolio available to the Department.
This matter is of course under continuous review and should there be a material change in the level of accommodation available to us we will revisit the matter.
Seirbhísí Oileán
Ceisteanna (138)
Éamon Ó Cuív
Ceist:138. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Cultúir, Oidhreachta agus Gaeltachta cén uair a lorgófar léirithe spéise agus tairiscintí don tseirbhís lastais go dtí Oileáin Árann; cé a dhéanfaidh meastóireacht ar na tairiscintí; cé mhéid ama a bheidh ag lucht tairiscinte tairiscintí a chur isteach tar éis an fógra tairiscinte a bheith foilsithe; an mbeidh rogha ann ó thaobh calaphoirt do na seirbhísí seo de; agus an ndéanfaidh sí ráiteas ina thaobh. [48535/17]
Amharc ar fhreagraFreagraí scríofa
Beidh mo Roinn ag tabhairt faoi phróiseas tairisceana maidir le seirbhís lastas d’Oileáin Árann go luath. Cheana féin, tá céimeanna tógtha ag mo Roinn ina thaobh. Ina measc, chuaigh sí i gcomhairle le hionadaithe ó na hoileáin d'fhonn a dtuairimí a fháil. Fógrófar mionsonraí na tairisceana san Iarratas ar Thairiscintí a eiseofar in am trátha.
Gender Balance
Ceisteanna (139)
Mary Lou McDonald
Ceist:139. Deputy Mary Lou McDonald asked the Minister for Culture, Heritage and the Gaeltacht the gender balance on each of the State boards under her remit, in tabular form. [48560/17]
Amharc ar fhreagraFreagraí scríofa
I am committed to achieving the target, set out in the Government’s Guidelines on Appointments to State Boards, of at least 40% representation of each gender on Boards. The gender balance on each of the State boards under my remit is outlined in the following table. I am pleased to say that I have achieved the gender ratio target on the Boards of the Arts Council, the Heritage Council, the Irish Manuscripts Commission, the Irish Museum of Modern Art, the National Archives Advisory Council, the National Gallery of Ireland, the National Museum of Ireland, the National Library of Ireland and the National Concert Hall. Overall the gender balance on Boards under my remit is 49% male and 51% female. Vacancies on the Board of Údarás na Gaeltachta have recently been publicly advertised by the Public Appointments Service. I will continue to actively seek to meet the target of at least 40% representation of each gender.
It should be noted that appointments to the boards of Foras na Gaeilge and the Ulster-Scots Agency (agencies of the North South Implementation Body, An Foras Teanga) are made by the North/South Ministerial Council, arising from nominations on a 50:50 basis from each jurisdiction. In addition, the Irish Manuscripts Commission is a commission of academics rather than a governing board and the National Archives Advisory Council is an advisory body rather than a governing board.
|
|
No on Board |
No. Male |
No. Female |
% Male |
% Female |
|
Arts Council |
12 |
5 |
7 |
42% |
58% |
|
Crawford Art Gallery |
11 |
4 |
7 |
36% |
64% |
|
Foras na Gaeilge |
13 |
7 |
6 |
54% |
46% |
|
Heritage Council |
11 |
5 |
6 |
45% |
55% |
|
Irish Film Board |
7 |
2 |
5 |
29% |
71% |
|
Irish Manuscripts Commission |
20 |
11 |
9 |
55% |
45% |
|
Irish Museum of Modern Art |
11 |
5 |
6 |
45% |
55% |
|
National Archives Advisory Council |
12 |
7 |
5 |
58% |
42% |
|
National Concert Hall |
9 |
5 |
4 |
56% |
44% |
|
National Gallery of Ireland |
17 |
8 |
9 |
47% |
53% |
|
National Library of Ireland |
12 |
6 |
6 |
50% |
50% |
|
National Museum of Ireland |
15 |
6 |
9 |
40% |
60% |
|
Tha Boord o Ulstèr-Scotch |
8 |
5 |
3 |
63% |
38% |
|
Údarás na Gaeltachta |
12 |
8 |
4 |
67% |
33% |