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Gnáthamharc

Tuesday, 12 Dec 2017

Written Answers Nos. 208-227

Garda Expenditure

Ceisteanna (208)

Niall Collins

Ceist:

208. Deputy Niall Collins asked the Minister for Justice and Equality the overtime budget for the Limerick and Tipperary Garda divisions for 2015 to 2018; the allocation and spend of this budget by Garda rank; the overtime spent on Operation Thor; and if he will make a statement on the matter. [52647/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the allocation and management of the Garda overtime budget is the responsibility of the Garda Commissioner having due regard to the available resources and his operational needs.

I am advised by the Garda authorities that the overtime expenditure in the Limerick and Tipperary Garda Divisions for 2015 – 2017 (Jan-Nov) is outlined in the following tables:

Limerick Division

Rank

2015

2016

Jan-Nov 2017

Garda

€1,075,433

€1,041,173

€1,662,601

Sergeant

€305,727

€331,580

€453,128

Inspector

€81,578

€99,282

€135,423

Civilian

€6,280

€11,437

€12,885

Total

€1,469,018

€1,483,472

€2,264,037

Tipperary Division

Rank

2015

2016

Jan-Nov 2017

Garda

€540,799

€979,972

€1,382,473

Sergeant

€269,154

€362,681

€466,477

Inspector

€51,916

€74,260

€106,943

Civilian

€6,733

€5,098

€10,444

Total

€868,602

€1,422,011

€1,966,387

The overtime expenditure on Operation Thor in the Limerick and Tipperary Garda Divisions for 2015-2017 (Jan-Nov) is outlined in the following table: 

Division

2015

2016

Jan-Nov 2017

Limerick

€50,918

€285,443

€120,591

Tipperary

€519

€236,266

€145,553

Garda Civilian Staff Data

Ceisteanna (209)

Niall Collins

Ceist:

209. Deputy Niall Collins asked the Minister for Justice and Equality the number of civilian employees of An Garda Síochána that are provided with an unmarked Garda car as part of their employment; the positions such persons hold; and if he will make a statement on the matter. [52648/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.

I understand from the Garda Authorities however that official vehicles are allocated to Regions, Branches or Offices rather than individuals. It is a matter for the relevant Commissioner, Divisional Officer or Executive Director to allocate the vehicles to specific duties to meet operational requirements as they arise.

Garda Data

Ceisteanna (210)

John Brady

Ceist:

210. Deputy John Brady asked the Minister for Justice and Equality the number of new gardaí allocated to each Garda division in 2017. [52669/17]

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.

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. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. Garda numbers taking account of projected retirements, will increase to around the 13,500 mark by year end - a net increase of 500 since the end of 2016.

I am also pleased that Budget 2018 maintains this high level of investment in the Garda workforce and ensures 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. This will see Garda numbers reach the 14,000 mark by the end of 2018.

In addition, a further 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 Division in the coming years.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.

I am informed that the breakdown of the allocation of newly attested Gardaí this year is as set out in the following table:

Newly attested Garda assigned in 2017

Division

2017

D.M.R. EAST

37

D.M.R. NORTH

70

D.M.R. NORTH CENTRAL

69

D.M.R. SOUTH

66

D.M.R. SOUTH CENTRAL

78

D.M.R. WEST

73

KILDARE

47

LAOIS / OFFALY

42

MEATH

30

WESTMEATH

22

WICKLOW

19

CAVAN / MONAGHAN

22

DONEGAL

13

LOUTH

34

SLIGO / LEITRIM

8

KILKENNY/CARLOW

30

TIPPERARY

21

WATERFORD

30

WEXFORD

34

CORK CITY

26

CORK NORTH

15

CORK WEST

15

KERRY

17

LIMERICK

18

CLARE

10

GALWAY

10

MAYO

14

ROSCOMMON / LONGFORD

10

Irish Prison Service

Ceisteanna (211)

Clare Daly

Ceist:

211. Deputy Clare Daly asked the Minister for Justice and Equality if a final decision has been taken on the use of the former Mountjoy Prison training unit as a facility for older prisoners; and if he will make a statement on the matter. [52670/17]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that the Irish Prison Service has commenced planning for the repurposing of the Training Unit Place of Detention (on the Mountjoy Prison Campus) to a dedicated Unit for older prisoners.

A key action of the current Irish Prison Service Strategic Plan (Action 2.5) is to ensure that older prisoners are identified as a specific group who have particular needs within the prison population. There are currently a number of such prisoners in the care of the Irish Prison Service who have significant and ongoing healthcare needs, many of whom are currently dispersed across the estate and in some cases significant distances away from the healthcare providers they rely on.

The establishment of the unit will allow the Irish Prison Service to accommodate such prisoners in an adapted unit within close proximity to a variety of medical care facilities. 

It is envisaged that the repurposing of the unit will take between 12 to 18 months to complete. As such it is the intention of the Irish Prison Service that this facility will open for older prisoners in 2019.

UN Convention on the Rights of Persons with Disabilities

Ceisteanna (212)

Catherine Connolly

Ceist:

212. Deputy Catherine Connolly asked the Minister for Justice and Equality the timeframe for ratification of the UN Convention on the Rights of Persons with Disabilities; the reason for the delay including legislative barriers; and if he will make a statement on the matter. [52683/17]

Amharc ar fhreagra

Freagraí scríofa

Ireland 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.

I am pleased that the Government, at a meeting last week, agreed to ratify the Convention. The next step will be for the Tánaiste and Minister for Foreign Affairs and Trade to bring forward a Memorandum for Government on the formal ratification process which will happen at the latest in the new year. 

The Government also approved the publication of draft legislation relating to deprivation of liberty for public consultation. The draft legislative provisions outline proposed safeguards for older people, persons with a disability and certain categories of people with mental health issues to ensure that they are not unlawfully deprived of their liberty in residential facilities.

Deprivation of liberty is a sensitive and important matter which goes to the heart of fundamental freedoms and human rights. Legislative proposals in this area will have significant implications for families, the operation of the health services and the courts. It is important that people fully understand what is being proposed. For this reason I am inviting submissions from stakeholders and the general public by way of public consultation until 9 March 2018. 

This Government is making good progress with regard to making the Convention's requirements operational in Ireland in an appropriate manner. Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's full implementation of the Convention as set out in the 2015 roadmap. 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. Section 5 of the Criminal Law (Sexual Offences) Act 1993 was reformed through a 2017 Act of the same name to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.

There are two further priority implementation issues: these are the enactment of the Disability (Miscellaneous Provisions) Bill 2016 and the commencement of the Assisted Decision Making Capacity Act 2015 which requires the Decision Support Service to be operational and ready to roll out the new decision-making support options. The 2018 Budget has provided an allocation of €3 million for the establishment of the Decision Support Service.

Finally, I am continuing to take a wide range of practical measures to improve the lives of people with disabilities. The Report of the 'Make Work Pay Group' was published in April of this year and already action, as announced by Minister Harris, has been taken on its recommendations.

We have a Comprehensive Employment Strategy in place and 2017 has seen positive action measures being taken to support public sector recruitment of people with disabilities. I also published the Disability Inclusion Strategy in July of this year containing wide range of practical commitments to improve the lives of people with disabilities.

Domestic Violence Incidence

Ceisteanna (213)

Jim O'Callaghan

Ceist:

213. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of reported cases of domestic violence in each of the six regions of the Dublin metropolitan region for 2016, and to date in 2017, in tabular form; and if he will make a statement on the matter. [52700/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Central Statistics Office (CSO), as the national statistics agency, is responsible for the publication of the official Recorded Crime Statistics; domestic violence incidents are not currently recorded as a separate category within the classification system.

Cosc (the National Office for the Prevention of Domestic, Sexual and Gender-based Violence), An Garda Síochána, the Courts Service, and the Probation Service are all currently working on a State Data Committee with the Central Statistics Office and Tusla under the Second National Strategy on Domestic, Sexual and Gender-based violence 2016 – 2021 in order to improve data availability and disaggregation in the area of data on domestic violence. Specifically, the Second National Strategy provides for the establishment of a gold standard with regard to the collection and analysis of data under a range of categories.

Similarly, the recently established Data Working Group, chaired by Cosc, with representative members from non-government organisations including Women’s Aid, SAFE Ireland and Sonas Domestic Violence Charity Ltd. are currently devising a work plan to advise on the enhancement of data collection in the area.

I am advised that the recording of incidents relating to domestic abuse is closely monitored by the Garda National Protective Services Bureau to ensure:

· a uniform approach is maintained in the recording and investigation of such incidents;

· that records accurately reflect such violence/abuse; and

· that victims receive appropriate supports from members of An Garda Síochána, in the monitoring, managing and investigation of such incidents and from other state and non-governmental organisations within the community

I am advised by the Garda authorities that work is ongoing, including appropriate consultations with the CSO, to ensure that appropriate quality assurance processes are put in place, with a view to publishing relevant statistical information in due course.

Work to address the full range of the Garda Inspectorate’s recommendations, including in relation to data quality, is ongoing and is supported by very large investments totalling €330 million from 2016-2021 for Garda technology and systems, including €250 million under the Capital Plan.

I can assure the Deputy that significant work is underway to improve the collection of data relating to the recording of domestic violence. While progress has been made, further incremental improvements will occur over time, resulting in the delivery of far more robust data to support An Garda Síochána in analysing and improving their service to victims of domestic violence.

Garda Resources

Ceisteanna (214)

Seán Sherlock

Ceist:

214. Deputy Sean Sherlock asked the Minister for Justice and Equality the Garda resources allocated in each division in County Cork and Cork city; the resources requested in each division in the past six months; and the resources needed to bring each division in line with population growth in the divisional area. [52721/17]

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.

I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. I am further informed that ratios such as the number of Garda per head of population are not an appropriate tool to use when considering the allocation of Garda resources as they fail to take account of, among other things, the fact that crime levels and types can vary significantly among communities of similar population size.

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. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 38, 20 and 20 have been assigned to the Cork City Division, the Cork North Division and the Cork West Division respectively. Garda numbers, taking account of projected retirements, will increase to around the 13,500 mark by year end - a net increase of 500 since the end of 2016.

I am also pleased that Budget 2018 maintains this high level of investment in the Garda workforce and ensures 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. This will see Garda numbers reach the 14,000 mark by the end of 2018.

In addition, a further 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 Division, including the Co. Cork Divisions.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.  

I am informed by the Commissioner that the number of personnel including Reserves and civilians assigned to the Co. Cork Divisions as of 31 October 2017, the latest date for which figures are readily available, is as set below.

Strength of County Cork Garda Divisions as of 31 October 2017

Division

Garda Strength

Reserve

Civilians

Cork City Division

662

44

67

Cork North Division

317

14

29

Cork West Division

291

10

24

Data Retention

Ceisteanna (215)

Catherine Murphy

Ceist:

215. Deputy Catherine Murphy asked the Minister for Justice and Equality his plans to amend the Data Retention Bill 2017, in view of the fact that the Murray report states that the data retention system here is precluded by EU law; and if he will make a statement on the matter. [52744/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that on 3 October I published the general scheme of a Communications (Retention of Data) Bill 2017 to replace the Communications (Retention of Data) Act 2011.

This proposal for new legislation responds to recent judgments of the Court of Justice of the European Union and will update the current law in Ireland to take account of requirements of the Court.  In particular, the Deputy will note that I propose to provide for prior judicial authorisation in all cases where State agencies seek access to communications data in the context of investigations into serious crime and safeguarding the security of the State.

I wrote to the Oireachtas Committee on Justice and Equality to ask it to undertake pre-legislative scrutiny of the general scheme of a new Communications (Retention of Data) Bill. I understand the Committee has concluded their pre-legislative scrutiny of the general scheme and I look forward to their report in the context of bringing forward these proposals for legislation.

Mr. Justice Murray's report was comprehensive analysis of the law in this area and has provided valuable advice in the context of developing my proposals for new legislation in this area. I had forwarded Mr. Justice Murray's report to the Oireachtas Committee on Justice and Equality in order to support its consideration of the general scheme for the new legislation.

Refugee Status Applications

Ceisteanna (216)

Michael Healy-Rae

Ceist:

216. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of an application by a person (details supplied) for refugee status; and if he will make a statement on the matter. [52745/17]

Amharc ar fhreagra

Freagraí scríofa

If an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or their designated legal advisor should contact the International Protection Office directly either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. Similarly, the International Protection Appeals Tribunal operates an email which can be contacted by individuals with any queries regarding their appeal application - info@protectionappeals.ie.

The Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications for International Protection under the International Protection Act 2015 on 27 February 2017, which is available on the website of the International Protection Office www.ipo.gov.ie.

Under Section 26 of the International Protection Act 2015, it is an offence to identify an international protection applicant. The offence is punishable by summary conviction to a Class A fine or a term of imprisonment of 12 months or both.

Legislative Programme

Ceisteanna (217)

Noel Rock

Ceist:

217. Deputy Noel Rock asked the Minister for Justice and Equality the timeframe for the Intoxicating Liquor (Breweries and Distilleries) Bill 2016 to be enacted; and if he will make a statement on the matter. [52763/17]

Amharc ar fhreagra

Freagraí scríofa

The position is that the Intoxicating Liquor (Breweries and Distilleries) Bill 2016 completed Second Stage on 23 March and is currently awaiting Committee Stage. I intend to bring forward Committee Stage amendments to the Bill to ensure that the rules that normally apply to the grant of retail licences will also apply to licences granted under the Bill. This will mean that applicants for a licence under the Bill will have to apply to the court for a certificate before a licence can be granted by the Revenue Commissioners and the licence will be subject to annual renewal. I should add that the required Financial Resolution in relation to this Bill is on the schedule of Dáil business to be taken without debate on 12 December.

Crime Data

Ceisteanna (218)

Seán Fleming

Ceist:

218. Deputy Sean Fleming asked the Minister for Justice and Equality further to Parliamentary Question No. 477 of 7 November 2017, when the information requested will be provided; and if he will make a statement on the matter. [52939/17]

Amharc ar fhreagra

Freagraí scríofa

As indicated in reply to Question 477 of 7 November I sought a report from the Garda Commissioner in relation to the number of weapons that were stolen from houses and vehicles in the past five years.

I received a report on the matter from the Garda Commissioner. I have sought clarification from the Commissioner on the information in the report provided and will write to the Deputy when the updated report is available. I will let you have the information sought as soon as possible.

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

Garda Operations

Ceisteanna (219)

Thomas P. Broughan

Ceist:

219. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if a detailed report on Garda Operation C-Port will be provided; the number of persons arrested and charged to date; the number of successful convictions obtained to date; and if he will make a statement on the matter. [52949/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the conduct of Garda Operations are a matter for An Garda Síochána, in which I have no direct role.

However, I sought, and have received, the following information from the Garda authorities on Operation C-Port. 

Operation C-Port is a Garda initiative to provide for the effective policing of Dublin Port and its environs. The purpose of the initiative is to ensure a visible Garda presence and to provide a higher degree of security integrity at the biggest multi-level base port in the State. Operation C-Port commenced in September 2016 and comprises a 24/7 Garda presence at entry and exit points to Dublin Port and immigration control checkpoints, in conjunction with targeted initiatives. 

Operation C-Port ensures that relevant legislative and regulatory provisions are observed by persons having business in or passing through Dublin Port and its environs and preventing unlawful entry into the State. This is achieved by providing foot/cycle/mobile patrols and a high visibility Garda and multi-agency enforcement presence at the Port and in its environs.

Members of An Garda Síochána deployed under Operation C-Port perform the following duties:

- a 24-hour visible presence at points of entry to and exit from Dublin Port;

- immigration duties at passenger ferries, cruise-liners, roll-on/roll-off, bulk freight, load-on/load-off vessels landing at Dublin Port;

- enforcement of the Road Traffic and Road Transport Acts and Regulations, together with relevant bye-laws, focusing on the Dublin Tunnel and Heavy Goods Vehicles (HGVs);

- crime prevention, through overt and covert patrols of Dublin Port; and

- enforcement of National Security through border protection duties and the protection of national infrastructure. 

Under Operation C-Port, joint border management initiatives, in conjunction with personnel from the Garda National Immigration Bureau and the Irish Naturalisation and Immigration Service (INIS), regularly take place. The Operation also includes regular joint initiatives conducted with the Revenue Commissioners (Customs and Excise) which target the illegal importation and transportation of drugs and contraband cigarettes. 

I am further informed that since its commencement, Operation C-Port is associated with a total of 1,362 recorded incidents (a separate incident is created for each detection). Each detection is dealt with by way of arrest, summons and/or fixed charge notice where appropriate. Detections related to immigration incidents are dealt with by a person being Refused Leave to Land in this jurisdiction. 

The following table details the incidents recorded as occurring within Dublin Port and its environs and recorded under Operation C-Port initiative since its commencement in September 2016 to date (12 December 2017):

Category

Recorded

Detected

Proceedings commenced

Illegal Importation/Exportation of Animals

7

4

1

Attention and Complaints

26

N/A

N/A

Burglary

1

1

1

Court Related – Execution of Warrants

19

19

8

Intoxicated Drivers

14

12

12

Drivers Under the Limit

2

N/A

N/A

Drugs Offences

8

8

8

Possession of Offensive Weapon

1

1

1

Human Trafficking

1

0

0

Fraud

3

3

3

Immigration

199

122

-

Fatal Industrial Accident

1

N/A

N/A

Mental Health Act

1

N/A

N/A

Vehicle Collision on Private Property

1

N/A

N/A

Proactive Policing - Checkpoints

2

N/A

N/A

Property Found/Seized

10

0

N/A

Public Order

7

7

4

Searches (including under the Misuse of Drugs Acts)

364

N/A

N/A

Theft

6

4

2

Traffic-related

689

270

152

Witness Protection Programme

Ceisteanna (220)

Thomas P. Broughan

Ceist:

220. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the budget allocation to the Garda witness protection programme for 2015 to 2018; and if he will make a statement on the matter. [52950/17]

Amharc ar fhreagra

Freagraí scríofa

The Estimates provision for the Witness Security Programme for 2018 is €1.198 million. The budget allocation for the Programme in 2017 was €1.198 million; the final expenditure figure for 2017 is not yet available. Expenditure on the programme in 2016 was €1.32 million and in 2015 was €1.198 million.

The Witness Security Programme is operated by the Garda Authorities. While legislation was not required for its establishment or operation, it is supported by provisions in the Criminal Justice Act 1999, as amended. The operation of the Programme and the resources required for it are kept under continuous and active review by the Garda Authorities.

The Deputy will appreciate that by virtue of the highly confidential nature of the Witness Security Programme and the need to maintain the protection of persons who receive support from it, it is not the practice to detail the specifics of its operation.

Direct Provision Data

Ceisteanna (221)

Donnchadh Ó Laoghaire

Ceist:

221. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of adults over 18 years of age and children under 18 years of age that are in direct provision. [52960/17]

Amharc ar fhreagra

Freagraí scríofa

All children under 18 years who live in State provided accommodation are under the care of their parent(s) or guardian(s). Any unaccompanied minors who arrive in the State are under the care of Tusla, the Child & Family Agency.

The Reception & Integration Agency (RIA) of my Department provides monthly statistics covering the Deputy's question on the website www.ria.gov.ie. As the November figures are still being compiled, the most recent figures are for 31 October 2017. The following table is available in graph format on page 5 of the October 2017 Monthly Statistics:

Age

Female

Male

Total

0-4

221

270

491

5-12

291

304

595

13-17

93

106

199

18-25

256

467

723

26-35

620

996

1616

36-45

363

606

969

46-55

101

186

287

56-65

45

39

84

66+

15

11

26

Total

2,005

2,985

4,990

Direct Provision Payments

Ceisteanna (222)

Donnchadh Ó Laoghaire

Ceist:

222. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the amount provided to operators and owners of direct provision accommodation in each of the years 2011 to 2016 and to date in 2017. [52962/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that contract values are commercially confidential. In order to ensure the best value is achieved in the expenditure of public funds, it is not the practice to release into the public domain confidential information relating to matters which are under ongoing discussion between contractors and my Department. Notwithstanding this and in line with the Freedom of Information Acts, contract values for each centre for each year up to and including contracts which terminated in 2014 are available on the website of the Reception and Integration Agency: http://www.ria.gov.ie/en/RIA/Contract%20Values%202016.pdf/Files/Contract%20Values%202016.pdf

For ease of reference, I have included the overall figures for the years in question. 

Details of contracts which terminated in 2015 will be available on the website in early 2018.

Total Paid to all contractors by year: 

Year

Commercial Contractors

Amount

2011

Commercial contracts

€57.784 m

 

State-owned contracts

€8.258 m

 

Self-catering

€1.687 m

2012

Commercial contracts

€52.071 m

 

State-owned contracts

€6.987 m

 

Self-catering

€0.913 m

2013

Commercial contracts

€45.735 m

 

State-owned contracts

€6.901 m

 

Self-catering

€0.671 m

2014

Commercial contracts

€43.684 m

 

State-owned contracts

€6.901 m

 

Self-catering

€0.486 m

2015

Commercial contracts *

€46.671 m

 

State-owned contracts

€7.010 m

 

Self-catering

€1.214 m

2016

Commercial contracts *

€51.705 m

 

State-owned contracts

€7.646 m

 

Self-catering

€0.976 m

2017 (end Nov)

Commercial contracts *

€48.724 m

 

State-owned contracts

€8.258 m

 

Self-catering

€0.781 m

 *This figure includes payments for Emergency Reception and Orientation Centres contracted by RIA on behalf of the Irish Refugee Protection Programme and the Office for the Promotion of Migrant Integration.

Direct Provision Expenditure

Ceisteanna (223)

Donnchadh Ó Laoghaire

Ceist:

223. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the annual cost to the State of providing ancillary services to direct provision centres, including catering, in each of the years 2011 to 2016 and to date in 2017. [52963/17]

Amharc ar fhreagra

Freagraí scríofa

Ancillary services including catering, security, light, heat, laundry facilities etc., provided in accommodation centres under contract to the Department of Justice and Equality are included in the contract price agreed following negotiations with the contractor.

The Deputy will appreciate that contract values are commercially confidential. In order to ensure the best value is achieved in the expenditure of public funds, it is not the practice to release into the public domain confidential information relating to matters which are under on-going discussion between contractors and my Department. Notwithstanding this and in line with the Freedom of Information Acts, contract values for each centre for each year up to and including contracts which terminated in 2014 are available on the website of the Reception and Integration Agency (RIA): http://www.ria.gov.ie/en/RIA/Contract%20Values%202016.pdf/Files/Contract%20Values%202016.pdf. The Deputy will appreciate that it would not be possible to extrapolate from the overall contract price the specific costs of heating, lighting, laundry or other ancillary service. For ease of reference, I have included the overall figures for the years in question. 

Details of contracts which terminated in 2015 will be available on the website in early 2018.

Total Paid to all contractors by year: 

Year

Commercial Contractors

Amount

2011

Commercial contracts

€57.784 m

 

State-owned contracts

€8.258 m

 

Self-catering

€1.687 m

2012

Commercial contracts

€52.071 m

 

State-owned contracts

€6.987 m

 

Self-catering

€0.913 m

2013

Commercial contracts

€45.735 m

 

State-owned contracts

€6.901 m

 

Self-catering

€0.671 m

2014

Commercial contracts

€43.684 m

 

State-owned contracts

€6.901 m

 

Self-catering

€0.486 m

2015

Commercial contracts *

€46.671 m

 

State-owned contracts

€7.010 m

 

Self-catering

€1.214 m

2016

Commercial contracts *

€51.705 m

 

State-owned contracts

€7.646 m

 

Self-catering

€0.976 m

2017 (end Nov)

Commercial contracts *

€48.724 m

 

State-owned contracts

€8.258 m

 

Self-catering

€0.781 m

 *This figure includes payments for Emergency Reception and Orientation Centres contracted by RIA on behalf of the Irish Refugee Protection Programme and the Office for the Promotion of Migrant Integration.

Traveller Culture

Ceisteanna (224)

Donnchadh Ó Laoghaire

Ceist:

224. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality further to Parliamentary Question No. 64 of 5 December 2017, the steps he is taking to address actions 98, 112, and 117 in the Traveller and Roma Inclusion Strategy 2017-2021. [52964/17]

Amharc ar fhreagra

Freagraí scríofa

On 13 June this year, I launched the National Traveller and Roma Inclusion Strategy 2017 – 2021. This Strategy contains 149 Actions, grouped under ten themes, which are as follows:

- Cultural Identity;

- Education;     

- Employment and The Traveller Economy;

- Children and Youth;

- Health;     

- Gender Equality;

- Anti-discrimination and Equality;

- Accommodation;     

- Traveller and Roma Communities;

- Public Services

I chair the Steering Group which has the responsibility for monitoring and achieving progress on the implementation of the Strategy.  The Steering Group consists of representatives of the Traveller and Roma communities, as well as of representatives of relevant Government Departments and Agencies.

Since the launch of the Strategy, the Steering Group has met twice, on 2 August and on 18 October. The next meeting is planned for Wednesday 13 December. The meetings provide an opportunity to review progress and to drive forward implementation of the Strategy.

To date, work has begun on approximately 100 of the actions in the Strategy. The Steering Group will continue to monitor progress on these Actions and to focus on actions where progress has not yet commenced. It is a priority for me that the momentum achieved to date is maintained. 

The following specific Actions which are included in the Strategy:

98. The Department of Justice and Equality will support the development of community leadership in gender equality with men and women from the Traveller and Roma communities with a view to developing gender equality.

112.  Members of the Traveller and Roma communities will be supported in the reporting of racist crimes.

117.  The Department of Justice and Equality will support the development and delivery by Traveller and Roma organisations of initiatives aimed at challenging homophobia and transphobia within the Traveller and Roma communities including support for Traveller and Roma families who have children/partners coming out.

With regard to Action 98, my Department has provided increased funding of €55,000 to the National Traveller Women’s Forum in 2017 to assist the organisation in promoting the gender equality actions contained in the NTRIS with a view to further developing Gender Equality in the Traveller and Roma communities. Further discussions will take place during 2018 between this Department and the national Traveller and Roma-focussed NGOs with a view to the promotion of the gender equality actions contained in the National Traveller and Roma Inclusion Strategy 2017-2021.

On Action 112, I understand that the former Garda Racial Intercultural and Diversity Office has recently been subsumed into the Garda Bureau of Community, Diversity and Integration. It has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. The GBCDI monitors the reporting and recording of hate and racist crime on a continual basis.

Garda Ethnic Liaison Officers (ELOs) are appointed to work with minority communities at local level throughout the country. These officers combined with the GBCDI play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GBCDI and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.

Existing Irish law is in compliance with the EU Framework Decision on Racism and Xenophobia as regards online hate speech. This is, however, a complex area to legislate for and any further proposals for research in this area would have to take account of the review carried out under the auspices of the National Action Plan against racism in recent years and would have to take cognisance of best practice in the Cybercrime area.

Finally, for Action 117, my Department will work with Traveller and Roma NGOs in 2018 with a view to providing the support necessary for the delivery of the initiatives concerned, as described in this Action. In this regard, my Department will commence work in the New Year on the drafting of a new National LGBT Strategy, which will also contain recommendations in this area.

Citizenship Applications

Ceisteanna (225)

Bernard Durkan

Ceist:

225. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) will be considered for Irish citizenship; and if he will make a statement on the matter. [52998/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the persons 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.

It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended, which governs the granting of Irish citizenship through naturalisation.

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. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the statutory residency requirements are met.

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. 

Private Security Authority

Ceisteanna (226)

Pearse Doherty

Ceist:

226. Deputy Pearse Doherty asked the Minister for Justice and Equality the statutory role and powers of the Private Security Authority in the event that a device, alarm or security system apparatus installed by an approved contractor should fail; if liability rests with the authority; the measures taken by the authority to ensure that the privacy of customers is respected by contractors licensed by the authority; and if he will make a statement on the matter. [53008/17]

Amharc ar fhreagra

Freagraí scríofa

The Private Security Authority (PSA), established under the Private Security Services Act 2004, as amended, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Authority is an independent body under the aegis of the Department of Justice and Equality. My Department has no role in the day to day running of the Authority.

All contractor licences issued by the PSA are underpinned by industry standards prescribed in Regulations. Contractors licensed in the Electronic Security sectors encompassing the installation and maintenance of Intruder Alarm, Access Control and CCTV systems must meet the National Standards Authority of Ireland (NSAI) Standard Recommendation SR40. This Standard provides direction for contractors and their employees on both confidentiality and care of clients’ property and requires procedures to be put in place to deal securely with any confidential information to which they have access.

I am informed by the Authority that the specific technical standard required for an installer of intruder alarms licence is European Standard EN 50131 Parts 1 & 7, and the standard required for an installer of CCTV is PSA 2006:12. Compliance with the standards is audited by independent certification bodies.

In addition, all contractors are required to comply with national legislation including data protection regulations.

The Authority does not carry any liability in respect of the work undertaken by licensed contractors. The Authority does however require contractors to have insurance cover relevant to their business activities which should protect consumers in the event of any claim being awarded against a contractor.

Finally, I am also informed by the Authority that customers, if they wish to do so, may make a complaint about the installation of a security system to the Authority who will investigate the complaint. If the complaint is upheld the Authority may take action against the licensed contractor up to and including the revocation of a licence.

Garda Misconduct Allegations

Ceisteanna (227)

Catherine Murphy

Ceist:

227. Deputy Catherine Murphy asked the Minister for Justice and Equality if the case of a person (details supplied) was included in his Department's internal review mechanism process; if a letter informing the person of the outcome of their review ever issued; and if he will make a statement on the matter. [53021/17]

Amharc ar fhreagra

Freagraí scríofa

The person referred to by the Deputy had requested, by letter of 13 November 2014, that his complaint be referred to the Independent Review Mechanism (IRM) established by the Government to consider certain allegations of Garda misconduct or inadequacies in the investigation of certain allegations. 

His request was considered by the Department and it was determined that his complaint did not fall within the remit of the IRM. The issues he raised were more pertinent to the remit of the Department of Agriculture, Food and the Marine. 

My Department advised the person of the above by letter of 25 February 2015. His complaint was referred to the Department of Agriculture, Food and the Marine on 27 February 2015 for attention and direct reply.

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