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Wednesday, 29 Nov 2017

Written Answers Nos. 181-197

Family Reunification Applications

Ceisteanna (181)

Thomas Pringle

Ceist:

181. Deputy Thomas Pringle asked the Minister for Justice and Equality to set out the number of applications for family reunification made by persons with international protection here in each of the years 2012 to 2016; the average number of family members requested per sponsor for the same period; and if he will make a statement on the matter. [50732/17]

Amharc ar fhreagra

Freagraí scríofa

During the period referred to by the Deputy applications for family reunification could be made in respect of a person's spouse and children, or in the case of a minor his or her parents, as well as other extended family members including grandparent, grandchild, brother, sister, ward or guardian.

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of family members included in family reunification applications can vary considerably, with some applying for one family member only and, in other cases, a much wider dispersal of family members.

The table provides details of the numbers of applications received for the years requested and the number of family members included in those applications. It should be noted however that applications in respect of subjects who fell outside the scope of the family reunification legislation were rejected at first instance without being recorded, and such subjects are therefore not reflected in the table.

 Year

No. of applications received

No. of eligible family members included in applications

 2012

 251

 478

 2013

 201

 429

 2014

 271

 648

 2015

 452

 1,168

 2016

 705

 1,747

Asylum Support Services

Ceisteanna (182, 196)

Tom Neville

Ceist:

182. Deputy Tom Neville asked the Minister for Justice and Equality to outline the progress that has been made on introducing legislation in view of the Supreme Court finding on the ban on work for asylum seekers; and if he will make a statement on the matter. [50741/17]

Amharc ar fhreagra

Thomas Pringle

Ceist:

196. Deputy Thomas Pringle asked the Minister for Justice and Equality when motions will be brought before the Houses of the Oireachtas enabling Ireland to opt in to the EU (Recast) Reception Conditions Directive (2013/33/EU); the outstanding measures to date required to demonstrate to the EU Commission Ireland's compliance with each article in the directive; the timeframe for the implementation of each measure until formal approval of Ireland's application to participate in the directive is given by the EU Commission; and if he will make a statement on the matter. [50852/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 182 and 196 together.

The Supreme Court judgment 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 recognised 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 in July to examine the wide-ranging implications of the judgment, and to consider appropriate solutions. The Taskforce was comprised of representatives from nine Government Department, along with the Office of the Attorney General.

On 21 November 2017, the Government approved the recommendations of the Taskforce, including the key recommendation that the State should respond to the judgment by opting-in to the EU (Recast) Reception Conditions Directive (2013/33/EU).

My Department is in the process of arranging for the Motions to be brought before the Houses of the Oireachtas. Following the approval of both Houses, the opt-in procedure with the formal notifications to the European Council and the European Commission will commence. The European Commission then has four months from receipt of this letter to confirm our participation. During these four months, the State will be required to demonstrate to the Commission how it is compliant with each Article in the Directive.

The EU Directive provides, inter-alia, that international protection applicants shall have access to the labour market no later than nine months from the date the application for international protection was lodged, if a first instance decision has not been taken and if the delay cannot be attributed to the applicant.

The Government has established an Implementation Group to oversee the opt-in procedure and the practical arrangements for facilitating access to the labour market for eligible applicants. The Group will be drawn from the membership of the Taskforce, supplemented by the participation of relevant operational areas in my own Department and in other Departments as required.

Court Accommodation Provision

Ceisteanna (183)

Lisa Chambers

Ceist:

183. Deputy Lisa Chambers asked the Minister for Justice and Equality to outline the position regarding Westport Courthouse; if it will not reopen as a courthouse; if so, the future plans for the building; and if he will make a statement on the matter. [50745/17]

Amharc ar fhreagra

Freagraí scríofa

As 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 Westport Courthouse was temporarily closed in 2013 as the building fell short of the required standards on health and safety grounds. In the period since, court business is being dealt with in Castlebar Courthouse, a 20 minute drive away.

The Court Service has also informed me that a report commissioned from the Office of Public Works identified a number of issues with the ceilings, roof and chimneys of Westport Courthouse and that at the moment, funds are not available to progress repairs. However, nationally, a capital programme for courthouses is underway, it involves new court buildings and renovations to courthouses. The capital budget provided to the Courts Service is around €5 million in both 2017 and 2018.

The Courts Service has further advised that Mayo County Council recently approached them with a proposal to take over ownership of the building for alternative community use and that this proposal is under active consideration.

Question No. 184 answered with Question No. 178.

Garda Information and Communications Technology

Ceisteanna (185)

Catherine Martin

Ceist:

185. Deputy Catherine Martin asked the Minister for Justice and Equality to outline the status of the project to enhance network access to rural Garda stations; and if he will make a statement on the matter. [50748/17]

Amharc ar fhreagra

Freagraí scríofa

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

The Deputy will be aware that the Garda Síochána Modernisation and Renewal Programme 2016-2021 is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges.

I am informed by the Garda authorities that the Programme prioritises ICT projects with the aim of fully embedding technology initiatives to improve the services delivered to communities by An Garda Síochána. In this context, I understand that there are currently 426 stations connected to the Garda Network and 138 stations that are not connected. Members in non-networked locations can contact the Garda Information Services Centre (GISC) or an associated networked station if required.

A project was established under the Modernisation and Renewal Programme to enhance rural access to the Garda network by connecting the majority of the unconnected stations to the Garda Network. Where sites cannot be connected, for example where local broadband services are not yet available, other methods of providing members with network access which may include the provision of mobile technology are being explored.

Garda Operations

Ceisteanna (186)

Catherine Martin

Ceist:

186. Deputy Catherine Martin asked the Minister for Justice and Equality to set out the status of on the Garda mobility strategy as referenced in the Garda modernisation and renewal programme 2016 to 2021; and if he will make a statement on the matter. [50749/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Garda authorities that the Garda mobility strategy aims to provide frontline members will greater connectivity to back office systems harnessing the power of mobile technology.

It is intended that the mobile devices will enable Garda members and staff to be more efficient and effective by having mobile access to relevant core policing applications, a wide-range of up to date information and the ability to input and update information in real time. It is also intended to facilitate greater quality of data input, accountability, transparency and governance.

A pilot of the system in Limerick is intended to complete in Q1 2018.

Independent Review Mechanism

Ceisteanna (187, 188, 189)

Micheál Martin

Ceist:

187. Deputy Micheál Martin asked the Minister for Justice and Equality if he has received correspondence from a person (details supplied) regarding allegations relating to the way in which An Garda Síochána handled a case; and if he will make a statement on the matter. [50766/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

188. Deputy Micheál Martin asked the Minister for Justice and Equality to specify the relevant authority for the complaint regarding the way in which An Garda Síochána allegedly handled a case (details supplied), in view of the fact that the independent review mechanism deemed it not to be under the ambit of the inquiry after considering it for 18 months; and if he will make a statement on the matter. [50767/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

189. Deputy Micheál Martin asked the Minister for Justice and Equality if he has received a report from the Garda Commissioner regarding a case (details supplied); the way in which it was handled; and if he will make a statement on the matter. [50768/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 187 to 189, inclusive, together.

The particular case to which I take it the Deputy is referring was amongst the complaints considered under the Independent Review Mechanism (IRM). I can confirm that I am in recent receipt of correspondence from the individual in question which he had sent to An Taoiseach on 22 November 2017 and which the Taoiseach has since forwarded to me. I am also in receipt of the Deputy's correspondence to me dated 23 November 2017. A reply to this correspondence will issue shortly.

As the Deputy will be aware, the IRM was established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to my predecessor as the Minister for Justice and Equality, or to the Taoiseach, with a view to determining to what extent and in what manner further action may have been required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose. As in all of the IRM cases, Counsel considered the matters raised by the complainant, the actions already taken in relation to the complaint, and the possible options open to pursue matters. Counsel were then required to use their knowledge and experience of the criminal justice system to recommend whether further action was either possible or appropriate and if so, to recommend the relevant action to be taken.

In this particular case referred to by the Deputy, Counsel's initial recommendation was that the complainant should be contacted and asked to provide the corroborative evidence referred to in his original correspondence. Some additional material was provided by the person. Counsel considered this additional material and, having done so, recommended that the Minister should take no further action in the matter. My predecessor accepted Counsel's recommendation and the individual in question was notified of her decision and the reasons for it.

The report referred to by the Deputy is awaited and I have asked my officials to pursue the matter urgently with the Commissioner. I will revert to the Deputy on receipt of same.

Property Registration Authority

Ceisteanna (190)

John Brassil

Ceist:

190. Deputy John Brassil asked the Minister for Justice and Equality if an application for a map review (details supplied) will be expedited; and if he will make a statement on the matter. [50786/17]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Garda Vetting

Ceisteanna (191)

Tom Neville

Ceist:

191. Deputy Tom Neville asked the Minister for Justice and Equality to outline his views on a matter (details supplied); and if he will make a statement on the matter. [50789/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my answer to his Parliamentary Question No. 204 of 14 November 2017 on the same subject. The situation remains unchanged. In order to be helpful, I would reiterate to the Deputy that there are certain circumstances where a single vetting disclosure can be shared by organisations where this is agreed to by the organisations concerned and by the vetting applicant. This is provided for at Section 12 of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016.

Probate Applications

Ceisteanna (192)

Noel Grealish

Ceist:

192. Deputy Noel Grealish asked the Minister for Justice and Equality if the ongoing backlog in the Probate Office is a factor in the number of vacant homes; the data in regard to the number of homes affected by the backlog; when the backlog will be completed; and if he will make a statement on the matter. [50814/17]

Amharc ar fhreagra

Freagraí scríofa

The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that a Grant of Representation in a deceased person's estate may be required for a variety of reasons, including the transfer of title to property, and statistics as to why a Grant must issue are not maintained in the Probate Office/Registries.

The Courts Service has advised that its statistics are not compiled in such a way as to provide the number of probate applications which relate to residential homes. This information could only be obtained by the examination of each individual application, which would require the expenditure of a disproportionate amount of staff time which would not be warranted. Therefore, it is not possible to provide the number of homes affected as sought by the Deputy.

The Courts Service has further advised that when the Probate Office/Registries are notified that there is a sale of property pending in an estate, this Grant is always expedited. In the Probate Office in Dublin it usually issues within a 2 to 3 week timeframe in Solicitors' applications, while Personal Applicants are seen by appointment as soon as possible and the Grant issues within 3 to 4 days of their appointment with the Probate Office.

The Courts Service has also informed me that it is aware of the lengthy waiting times for probate applications and particularly personal applications to the Probate Office in Dublin and is working to improve the situation. Additional resources have been provided to the Probate Office and to address the current delays further additional resources are being made available.

The Courts Service is currently finalising a full review of the probate system and it is anticipated that a report with recommendations for the modernisation of the process will be completed by the end of 2017 for presentation to the senior management team of the Courts Service and to the Courts Service Board.

Residency Permits

Ceisteanna (193)

Bernard Durkan

Ceist:

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality to set out the current and or expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [50825/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 25 August 2017. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.

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.

Garda Deployment

Ceisteanna (194)

Jim O'Callaghan

Ceist:

194. Deputy Jim O'Callaghan asked the Minister for Justice and Equality to set out the number of gardaí available in the Dún Laoghaire district; and if he will make a statement on the matter. [50826/17]

Amharc ar fhreagra

Freagraí 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.

As the Deputy will be aware the District referred to is part of the Dublin Metropolitan Region (DMR) East Division. I am informed by the Commissioner that on the 31 October 2017, the latest date for which figures are readily available, the strength of the D.M.R. East Division was 376 of which 201 were assigned to the Dun Laoghaire District. There are also 10 Garda Reserves and 22 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, the Armed Response Unit 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, 57 of whom have been assigned to the D.M.R. East Division. In addition, another 200 trainee Garda are scheduled to attest next month 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. East Division, in the coming years.

Forensic Science Ireland Laboratory

Ceisteanna (195)

Joan Burton

Ceist:

195. Deputy Joan Burton asked the Minister for Justice and Equality to set out the number of tenders received for the construction of the new State forensics laboratory by the closing date of 20 November 2017; the timeframe to assess the tenders; the timeframe for construction to commence; and if he will make a statement on the matter. [50844/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the construction of the new Forensic Science Laboratory is being managed by the Office of Public Works (OPW) on behalf of my Department.

I am informed by the OPW that, following a pre-qualification process, a total of seven contractors were invited to tender for this project. As additional information was issued to the contractors during the tender period, the return deadline has been extended to 20th December 2017. Therefore, none have been received to date. The assessment of the tenders will be undertaken in conjunction with the appointment of mechanical and electrical sub-contractors which is expected to take a number of months. The projected construction period is two years.

Question No. 196 answered with Question No. 182.

Protected Disclosures

Ceisteanna (197)

John McGuinness

Ceist:

197. Deputy John McGuinness asked the Minister for Justice and Equality further to correspondence of 25 October 2017 from a person (details supplied) if an investigation into the theft of prison property on 19 and 20 August 2017 has commenced; the way in which this disclosure was investigated; if the report will be published; if the report has been concluded; and if he will make a statement on the matter. [50879/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Protected Disclosures Act 2014 sets out the importance of maintaining confidentiality in relation to persons making protected disclosures, and I am therefore limited in what I can say.

I can confirm, however, that my Department's Internal Audit Unit received a disclosure from a person, which included, inter alia, an allegation of theft of Prison  Service property on the 19th and 20th of August 2017.  No names of personnel involved or details of the item / items of prison property allegedly stolen were provided in the correspondence. No further information was provided by the person in response to a request from a Senior Auditor allocated to investigate the matter.

The Audit Unit were unable to identify other sources of information to allow a review of the allegations. In the absence of further information the issue cannot be progressed at this time.

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