Tuesday, 30 Jan 2018

Written Answers Nos. 277-296

Proposed Legislation

Ceisteanna (278)

Catherine Murphy

Ceist:

278. Deputy Catherine Murphy asked the Minister for Justice and Equality the progress made to date on replacing the Communications Retention of Data Act 2011; if it will be assigned to the relevant Oireachtas committee for pre legislative scrutiny; if the European Court of Justice has set a deadline for a new Bill to be enacted in view of the fact that without new legislation it may impact on certain legal cases; and if he will make a statement on the matter. [3979/18]

Freagraí scríofa

Minister for Justice and Equality

On 3 October 2017 the Government approved my proposals for a new Communications (Retention of Data) Bill to replace the Communications (Retention of Data) Act 2011. 

In accordance with procedures in place, I wrote to the Oireachtas Committee on Justice and Equality on 3 October 2017 to ask it to undertake pre-legislative scrutiny of the general scheme for the new Communications (Retention of Data) Bill.

The Committee has heard submissions from a range of invited parties, including officials from my Department, and I look forward to receiving the Committee's report in the context of bringing forward proposals for legislation as a priority.

The Court of Justice of the European Union did not in respect of this area or law and does not generally set deadlines for the enactment of national legislation. As the Deputy will understand and as is the case with the development of any legislation, careful account must be taken of the evolution of the legal environment including relevant developments in EU law to which Ireland must have reference. The proposals for a new Communications (Retention of Data) Bill that I have put forward are intended to do just that.

Naturalisation Eligibility

Ceisteanna (279)

Thomas Byrne

Ceist:

279. Deputy Thomas Byrne asked the Minister for Justice and Equality further to Parliamentary Question No. 130 of 18 January 2018, if it is policy that it is a condition of naturalisation that a person has not been absent from the State for more than six weeks per annum in the years claimed towards the reckonable residency requirement, irrespective of the explanation furnished under Q5.6 of the application form. [3981/18]

Freagraí scríofa

Minister for Justice and Equality

As I advised the Deputy in my response to his recent Parliamentary Question number 130 of 18 January, the granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. The Act provides that the Minister may, in his absolute discretion, grant an application for naturalisation if he is satisfied that the statutory conditions set out in the Act, which include residency conditions, are met.

The statutory residence conditions are that, regardless of how long an applicant may have resided in the State, the applicant must have a period of 1 year's continuous residence in the State immediately before the date of application and, during the 8 years immediately preceding that period, have had a further total residence amounting to 4 years (in the case of an application based on being the spouse or civil partner of an Irish citizen the Act reduces this further period to 2 years during the preceding 4 years). 

While the Act clearly stipulates the statutory periods of residence required in the State, and that the final year be continuous residence, it has long been recognised that many people may travel abroad for a holiday, or may have some unexpected or unavoidable reason to travel abroad. In this regard it is considered that a reasonable and generous period of up to 6 weeks be allowed to provide for absences from the State for normal holidays and other short term and temporary nature absences, such as for business meetings or a family wedding or bereavement or medical emergency while abroad, and that such short term nature absence from the State would not impact on the statutory residence requirement. The Minister may allow some further discretion where there are wholly exceptional or unavoidable circumstances.

In the notes attached to the application form it is made clear to applicants that arrangements for assessment of residence are on the basis that the person is physically resident in the State for the required period of time and that where there are significant absences from the State the application may be refused. 

Every application for naturalisation is considered on its own merits having regard to the statutory conditions set out in the Act.

Asylum Applications

Ceisteanna (280)

Michael Healy-Rae

Ceist:

280. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of asylum for a person (details supplied); and if he will make a statement on the matter. [3988/18]

Freagraí scríofa

Minister for Justice and Equality

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 [e-mail], 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 address ([e-mail]) which can be contacted by individuals with any queries regarding their application. 

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. 

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. 

Questions Nos. 281 to 286, inclusive, answered with Question No. 271.

Graduate Support Schemes

Ceisteanna (287)

Niall Collins

Ceist:

287. Deputy Niall Collins asked the Minister for Justice and Equality his views on a recommendation (details supplied) as contained in the National Competitiveness Council report, Ireland’s Competitiveness Challenge 2017; his plans to implement this policy recommendation; and the timeframe for implementation. [4057/18]

Freagraí scríofa

Minister for Justice and Equality

I can inform the Deputy that my Department, in conjunction with the Department of Education and Skills, announced changes to the Third Level Graduate Programme in May 2017. This is an immigration programme aimed at facilitating high-performing non-EEA graduates to remain and work in Ireland after their graduation from an Irish Higher Education Institute.  

The Graduate Programme was improved to provide highly skilled graduates with an opportunity to remain and work in the State for up to 24 months (as opposed to twelve months previously). This was in recognition of the fact that Ireland’s international education strategy recognises that attracting students from across the globe is good for Ireland as well as good for the students themselves.

The Graduate Programme gives students from outside the EEA real opportunities to remain on in the State following graduation.  They can become part of the workforce and progress, if they so choose, to a career path in Ireland by advancing to a critical skills employment permit, general employment permit or research hosting agreement from the Department of Business, Enterprise and Innovation, meeting the skills and language needs of the Irish economy.  This is in line with the recommendations of the International Education Strategy for Ireland 2016 to 2020 and the National Competitiveness Council’s Report.  Extensive guidance on the qualifying criteria for the Scheme are detailed on the website of the Irish Naturalisation and Immigration Service (INIS) (http://www.inis.gov.ie/en/INIS/Pages/Student%20Pathway).

As regards the question of fees for subsequent employment permits, the Deputy will appreciate that the operation of the employment permits scheme, including the fee structure, is a matter for my colleague the Minister for Business Enterprise and Innovation.

Garda Strength

Ceisteanna (288)

James Browne

Ceist:

288. Deputy James Browne asked the Minister for Justice and Equality the number of gardaí stationed in the Garda Wexford division as of 31 December in each of the years 2015 to 2017 respectively; and if he will make a statement on the matter. [4064/18]

Freagraí scríofa

Minister for Justice and Equality

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.

The Garda strength of the Wexford Division on 31 December 2017 was 292 with 18 Garda Reserves and 32 Garda civilian staff 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 Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

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 58 have been assigned to the Wexford Division. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - an increase of over 600 since the end of 2016.

I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track.  This year a further 800 new Garda Recruits will enter the Garda College. Also 800 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 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 Wexford Division.

For the Deputy’s information I have set out below in tabular form the number of Gardaí attached to the Wexford Garda Division as of 31 December in 2015, 2016 and 2017.

PERSONNEL STRENGTH OF WEXFORD DIVISION 2015-2017
2015	255
2016	258
2017	292

Family Reunification Applications

Ceisteanna (289)

Joan Burton

Ceist:

289. Deputy Joan Burton asked the Minister for Justice and Equality if the application by a person (details supplied) for family reunification will be expedited; and if he will make a statement on the matter. [4090/18]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question made an application for family reunification under the provisions of the Refugee Act 1996 in February 2016. The case has been finalised and a decision letter issued to the applicant on 4 August 2017.

It is open to Irish citizens and those outside the International Protection process to apply for family reunification under the Non-EEA Policy Document on Family Reunification, which is available on the INIS website, www.inis.gov.ie.  

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Question No. 290 withdrawn.

UN Conventions Ratification

Ceisteanna (291)

Clare Daly

Ceist:

291. Deputy Clare Daly asked the Minister for Justice and Equality the position regarding the ratification by Ireland of the UN's Optional Protocol to the Convention Against Torture; and the timeframe for its ratification in view of the fact that Ireland signed OPCAT more than a decade ago. [4122/18]

Freagraí scríofa

Minister for Justice and Equality

In May 2017, my Department completed the initial consultation phase with stakeholders on the ratification of the Optional Protocol to the Convention Against Torture. Since then, my Department has participated in the round table discussion and launch of the Irish Human Rights and Equality Commission's research into how OPCAT can be implemented in Ireland. 

Having now considered this research, my Department is in the process of consulting with relevant agencies, Departments and other stakeholders seeking their views on the findings of this research. 

Once these consultations are completed, these observations will assist in developing further the Heads of the Inspection of Places of Detention Bill. It is anticipated that this Bill will be the legislative vehicle for establishing the National Preventive Mechanism network required to implement OPCAT. This Bill is listed in the Government's Legislative Programme and will be submitted for Government approval as soon as possible, subject to competing priorities.

Road Traffic Offences Data

Ceisteanna (292)

Thomas P. Broughan

Ceist:

292. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of motorists who have tested positive for drugs at mandatory intoxicant testing checkpoints nationally during 2017; and if he will make a statement on the matter. [4170/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Garda authorities that as of 30 November 2017, there were 58 positive roadside drug tests conducted since the commencement of the legislation in April 2017. I have requested an update to end December 2017 from An Garda Síochána and will be in contact with the Deputy directly once it is to hand.

Drug and Alcohol Testing

Ceisteanna (293)

Thomas P. Broughan

Ceist:

293. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of mandatory intoxicant testing checkpoints which took place nationally during 2017; and if he will make a statement on the matter. [4171/18]

Freagraí scríofa

Minister for Justice and Equality

While the enforcement of road traffic legislation is an operational matter for An Garda Síochána, I have requested information from the Garda authorities in relation to the number of mandatory intoxicant testing checkpoints in 2017 and I will be in contact with the Deputy directly on receipt of a Garda report.

Road Traffic Offences Data

Ceisteanna (294)

Thomas P. Broughan

Ceist:

294. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of motorists who have tested positive for drugs at mandatory intoxicant testing checkpoints by county during 2017, in tabular form; and if he will make a statement on the matter. [4172/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Garda authorities that as of 30 November 2017, there were 58 positive roadside drug tests conducted since the commencement of the legislation in April 2017. I have requested an update to end December 2017, broken down by county, from An Garda Síochána and will be in contact with the Deputy directly once it is to hand.

Road Traffic Offences Data

Ceisteanna (295)

Thomas P. Broughan

Ceist:

295. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of mandatory intoxicant testing checkpoints by county during 2017, in tabular form; and if he will make a statement on the matter. [4173/18]

Freagraí scríofa

Minister for Justice and Equality

While the enforcement of road traffic legislation is an operational matter for An Garda Síochána, I have requested information from the Garda authorities in relation to the number of mandatory intoxicant testing checkpoints by county in 2017 and I will be in contact with the Deputy directly on receipt of a Garda report.

Road Traffic Offences Data

Ceisteanna (296)

Thomas P. Broughan

Ceist:

296. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of motorists who have tested positive for drugs at mandatory intoxicant testing checkpoints by month during 2017, in tabular form; and if he will make a statement on the matter. [4174/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Garda authorities that the following table details the number of positive roadside drug tests conducted each month since the commencement of the legislation in April 2017 to 30 November 2017. 

Number of number of positive roadside drug tests conducted each month in 2017 since the commencement of the legislation in April 2017 to 30 November 2017*

Month	Amount
April	3
May	1
June	5
July	4
August	15
September	6
October	11
November	13
Total	58

*Statistics provided are provisional, operational and subject to change and are valid to 30 November 2017.    

I have requested updated statistics from An Garda Síochána for the remainder of 2017 and will contact the Deputy directly on receipt of a Garda report.