Written Answers Nos. 96-105
96. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if his attention has been drawn to the conditions in which persons resident in a building (details supplied) are trying to exist; the way in which the building passed inspections carried out by the Reception and Integration Agency and a fire safety company hired by it; and if he will make a statement on the matter. [52404/17]
Amharc ar fhreagraMy Department has recently been made aware of complaints in relation to the accommodation centre in question. These complaints have been forwarded onto the contractor and a full report has been requested as soon as possible. Any and all appropriate action to remedy any identified defect will immediately be addressed.
All accommodation centres under contract to the Department are inspected by staff from the Reception and Integration Agency and by an independent inspector, QTS Health and Safety Limited. Inspection Reports are available to view on www.ria-inspections.gov.ie. The format of the inspections require visual inspection of all bedrooms, communal areas, kitchens and fire exits.
The accommodation centre in question has been inspected three times in 2017 - once by QTS Health and Safety Limited on the 12th April and twice by two different staff members from the Reception and Integration Agency - on the 29th June and as recently as the 29th November.
All accommodation centres are also subject to inspection by other State inspectors such as the environmental health service, the fire service and the Data Protection Commissioner.
Each centre under contract to the Department is required to have a current and active fire certificate renewed on a yearly basis. In the case of the accommodation centre in question the latest fire certificate covers the period to 14th September 2018.
Residents of the centre (or indeed any accommodation centre) have the possibility to register a complaint in relation to the accommodation centre with the Manager or with an inspector as the case may be. The only complaint raised by a resident during the inspections mentioned above was on the 29th June 2017 and that was in relation to a transfer.
In addition to the foregoing it is always open to any resident in the centre in question to make a complaint to the Ombudsman about any matter in relation to their accommodation at that centre.
97. Deputy Clare Daly asked the Minister for Justice and Equality the reason the annual report of the Accountant of the Courts of Justice does not contain information regarding the financial transactions in or by the Office of the General Solicitor for Wards. [52407/17]
Amharc ar fhreagra98. Deputy Clare Daly asked the Minister for Justice and Equality if information in regard to the financial transactions, costs and charges related to the office of the general solicitor for wards will be included in the annual report of the Accountant of the Courts of Justice for 2017 and an addendum included to the 2017 annual report containing such information for all the years for which it has not been provided. [52408/17]
Amharc ar fhreagraI propose to take Questions Nos. 97 and 98 together.
As the Deputy will be aware, the High Court has jurisdiction in wards of court matters 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.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the General Solicitor's role in wardship is that of Committee of a number of wards of court. Committees of wards of court, including the General Solicitor, are put in funds by the Registrar of Wards of Court from monies held by the Court or from income received, to meet the costs associated with the care, maintenance and comfort of the ward.
The General Solicitor is obliged to apply to the Registrar of Wards of Court and, if necessary, to the Court for approval for any major purchase on behalf of a ward of court. Furthermore, the General Solicitor accounts to the Registrar of Wards of Court in relation to income received and payments made on behalf of a ward and is subject to audit by the internal auditor of the Courts Service.
The Accountant of the Courts of Justice manages and invests funds held under the control of the Courts on behalf of wards of court and other beneficiaries. The financial statements prepared by the Accountant are prepared in accordance with Rules of Court to show the total amount of funds paid or transferred into and out of Court in the preceding year ended 30 September and the balance of funds in Court at the commencement and close of the year.
The Office of the Accountant of the Courts of Justice does not have sight of the individual transactions discharged by the General Solicitor in the same way as it does not have sight of the individual transactions for any other Committees of wards of court. Therefore, as information in regard to the financial transactions, costs and charges related to the Office of the General Solicitor for Wards do not come within the remit of the Accountant of the Courts of Justice and the Accountant of the Courts of Justice does not have access to such information, as is the case with all Committees, such information is not included in the Annual Report and Financial Statements of the Accountant of the Courts of Justice for 2017 and an addendum containing such information for 2017 or previous years will not be included.
99. Deputy Peadar Tóibín asked the Minister for Justice and Equality the reason a visa application (details supplied) for residency has not been processed in over eight years. [52409/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
The case of the person concerned is amongst many to be considered by the Minister at present and, as such, at this point in time, it is not possible to provide a specific indication as to when this case will be finalised. However, the person concerned can be assured that there will be no avoidable delay in having their case brought to finality.
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.
100. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of times section 12 of the Child Care Act 1991 was invoked in each of the years 2015 and 2016 and to date in 2017 by An Garda Síochána; the top three reasons for intervention annually according to the PULSE records for each division, in tabular form; and if he will make a statement on the matter. [52418/17]
Amharc ar fhreagra101. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of times section 12 of the Child Care Act 1991 was invoked in each of the years 2015 and 2016 and to date in 2017 between the hours of 6 p.m. and 9 a.m.; the number that occurred at the weekend and bank holidays by each division, in tabular form; and if he will make a statement on the matter. [52419/17]
Amharc ar fhreagraI propose to take Questions Nos. 100 and 101 together.
My Department has sought the information requested by the Deputy from the Garda authorities and I will contact the Deputy directly once this information is to hand.
102. Deputy Alan Kelly asked the Minister for Justice and Equality when personal superannuation fund statements for 2015 and 2016, as provided for under the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, are required to be issued to gardaí recruited since 2012; when they will be issued; and if he will make a statement on the matter. [52431/17]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána.
The new Single Public Service Pension Scheme ("Single Scheme") commenced with effect from 1 January 2013. All new entrants to pensionable public service employment on or after 1 January 2013 are in general members of the Single Scheme.
The Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (Relevant Authorities) Regulations 2012 designates An Garda Síochána as the relevant authority for the purposes of the Single Scheme and I, as Minister, have no role in relation to the matter.
As part of this delegation the Commissioner is the trustee of the Single Public Service Pension Scheme and, as such, is responsible for meeting all legal requirements regarding same e.g. maintaining pension records for new staff, issuing pension statements on an annual basis and the actual payment of pensions and lump sums to both serving and non-serving employees.
I am informed that An Garda Síochána is participating in a Sectoral Focus Group regarding the Single Scheme. This group is part of a project led by the Department of Public Expenditure and Reform to develop solutions to support compliance with all legal requirements on the part of trustees of this new Single Scheme. The group provides input on the direction of work being undertaken on the Single Scheme project, assesses impacts on their sectors and recommends approaches/engagement required.
The Department of Public Expenditure and Reform-led project entails, as part of the next phase, the building of a Single scheme Databank that will hold key data centrally. This will be complemented by the Shared Services Centres and Human Resources areas which will continue to have a critical role in providing payroll and other information. The last phase of this project will involve designing the long-term solution so all relevant authorities including An Garda Síochána are compliant with all legal requirements as trustees of this new scheme.
I am advised that An Garda Síochána will issue Benefit Statements when the project as outlined above has progressed to roll out phase.
103. Deputy Darragh O'Brien asked the Minister for Justice and Equality the number of refugees admitted here under the resettlement and relocation programmes; if the target of accepting 4,000 refugees by the end of 2017 will be reached; and if he will make a statement on the matter. [52459/17]
Amharc ar fhreagraAs the Deputy is aware, the 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 were by means of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece. A further 1,040 were 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. It should be noted that Ireland voluntarily opted into the two EU Council Decisions on Relocation (2015/1523) and (2015/1601), which provided for the relocation of 160,000 asylum seekers from Italy and Greece.
The Government Decision to accept 4,000 persons into the State did not contain a time limit of September 2017 but the relocation mechanism, in particular, did carry a time limit of approximately two years. As I set out below significant issues arose with that mechanism which made it impossible for Ireland to deliver on the numbers allocated to it, primarily because those numbers do not actually exist on the ground in the relevant counties. Hence, the Government has had to find other mechanisms to deliver on the commitment by Ireland.
Under refugee resettlement strand of the Programme, 356 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 who have arrived from Lebanon under refugee resettlement now stands at 785. The balance are expected to arrive in early 2018. The European Commission recognises Ireland as being one of only seven EU Member States to have fulfilled their resettlement pledges from the July 2015 Agreement.
Ireland committed to accept 2,622 asylum seekers under the relocation strand of the IRPP. This total was composed of 1,089 people from Greece, 623 people from Italy and 910 people that were “unallocated” by the Commission. Ireland plans to meet in full its commitment to Greece. 693 of the allocation of 1,089 are already in the State, with a further 62 persons scheduled for arrival in December 2017. By early 2018, it is expected that Ireland will have relocated its entire cohort from Greece (1,089), subject of course to the Greek authorities submitting the small number of remaining case files to Ireland and the ability of local authorities to find homes in communities around Ireland.
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 because the EU did not ultimately decide to operationalise this additional commitment. In fact, the Deputy may wish to note that by the end of the two-year EU Relocation Programme in September 2017, just 37,000 asylum seekers were eligible and registered for relocation in Italy and Greece out of a total of 160,000 comprehended by the two Council Decisions, of which 78% (approximately 29,000) had been relocated to other EU Member States including Ireland. It should be noted that proportionally Ireland has taken one of the highest numbers under the EU Relocation Programme. Once the final transfers from Greece take place early next year, Ireland will have relocated more than 3% of the EU’s total figure. This represents a strong commitment by Ireland to EU solidarity, given that we represent less than 1% of the total population of the EU.
Ireland has worked to give effect to the EU relocation Decisions and will fill any gaps arising from the relocation instruments using other mechanisms such as pledges for resettlement of programme refugees. To address the balance of approximately 1,800 people under the IRPP, which arises largely due to the significantly smaller number of asylum seekers eligible and registered under the EU relocation programme, I have recently announced additional resettlement pledges for 2018 and 2019 amounting to an additional commitment of about 945 refugees, and the establishment of a new Family Reunification Humanitarian Admission Programme (FRHAP). The resettlement pledges are the largest commitments for resettlement that we have made in a calendar year since our national resettlement programme began in 2000. They have been made in in the context of a European Commission/UNHCR resettlement pledging exercise for 2018/2019, which aims to provide 50,000 resettlement places across the European Union over the two-year period.
As the Deputy is also aware, following the adoption of the All-Party Motion last November on the Calais Unaccompanied Minors, a concerted effort has been made to provide a pathway here for such unaccompanied minors who wished to come to Ireland. The Departments of Children and Youth Affairs and Justice and Equality, established the Calais Special Project within Tusla, the Child and Family Agency. Working directly with the French authorities, any unaccompanied minors who have been identified as suitable for relocation here have been accepted and provided with the appropriate supports and no unaccompanied minor who has asked to come to Ireland has been refused. A total of 30 young persons have been relocated under this programme to date. There are an additional 11 children who have been assessed and are awaiting security clearance before travel arrangement can be made for them. In addition to the children that have been brought to Ireland under the Calais Special Project an additional 6 young people from Syria have been admitted to Ireland under the EU Relocation Programme from Greece.
In all the circumstances, I can state that Ireland is making every possible effort to meet its commitments, 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. I am working to ensure that Ireland will meet its commitments by 2019.
104. Deputy Clare Daly asked the Minister for Justice and Equality the number of section 102(1) referrals to GSOC from Garda headquarters in each of the years 2010 to 2016 and to date in 2017 relating to cases in which there was no death involved; and if he will make a statement on the matter. [52493/17]
Amharc ar fhreagra105. Deputy Clare Daly asked the Minister for Justice and Equality the number of section 83(2) complaints received by An Garda Síochána that were referred to GSOC in each of the years 2010 to 2016 and to date in 2017; and if he will make a statement on the matter. [52494/17]
Amharc ar fhreagraI propose to take Questions Nos. 104 and 105 together.
The following information has been provided to my Department by the Garda Síochána Ombudsman Commission upon request.
I can advise the Deputy that complaints made under section 83(2) of the Garda Síochána Act 2005 are those that are either made directly to the Garda Commissioner, to a member of An Garda Síochána at a Garda station, or to a Garda member at or above the rank of chief superintendent at a place other than a Garda station.
Such complaints are commonly referred by GSOC as section 85 complaints, taking into consideration the section of the Act that provides for An Garda Síochána to forward these complaints to GSOC.
To facilitate the public in making a complaint at a Garda station, GSOC provides complaint forms (GSOC1 forms) that can be completed by a member of a public at a Garda station and submitted to GSOC from there. GSOC has advised that as both referrals by An Garda Síochána and the GSOC1 forms, submitted to a Garda station by a member of the public, are identified as originating from An Garda Síochána, their case management system classifies the Method of Receipt of Complaint as “Garda Station”.
In relation to section 102(1) referrals made to GSOC by An Garda Síochána, this information is published in the Ombudsman Commission's annual report. The power to refer such matters under this section to GSOC is delegated by the Garda Commissioner to Superintendents. This responsibility involves a decision by those appropriate officers as to whether an incident involving the conduct of a member of An Garda Síochána may have caused the death or serious harm to a person, and may warrant independent investigation.
For convenience, I am providing the following two tables, the first of which indicates the number of section 83(2) complaints referred to GSOC and the second table indicates the number of section 102(1) referrals to GSOC from An Garda Síochána that did not involve a fatality.
Complaints made under section 83 (2):
|
Year |
Method of Receipt of Complaint |
Number of Complaints |
|
2010 |
Garda Station |
444 |
|
2011 |
Garda Station |
458 |
|
2012 |
Garda Station |
312 |
|
2013 |
Garda Station |
307 |
|
2014 |
Garda Station |
306 |
|
2015 |
Garda Station |
254 |
|
2016 |
Garda Station |
180 |
|
2017 (to (to end of November 2017) |
Garda Station |
221 |
Referrals, non-fatal cases, under section 102 (1):
|
Year |
Number of Cases |
|
2010 |
92 |
|
2011 |
72 |
|
2012 |
59 |
|
2013 |
33 |
|
2014 |
46 |
|
2015 |
38 |
|
2016 |
39 |
|
2017 (to end of November 2017) |
12 |
