Written Answers Nos 323-339
323. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality if there is a cap on the legal aid a barrister or solicitor and their firms can make in divorce cases; if there is a disincentive for them to prolong such cases (details supplied); and if he will make a statement on the matter. [12191/18]
Amharc ar fhreagraCivil legal aid in the State is delivered through the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 - 2017.
Legal aid in judicial separation and divorce cases is generally provided by solicitors who are employees of the Legal Aid Board. As such, their terms and conditions of employment are those applicable in the Civil Service generally and there is no distinction as to the type of case concerned.
In a minority of cases, legal aid in divorce and separation cases is provided by solicitors in private practice appointed to a Legal Aid Board panel, with established Terms and Conditions of appointment and fixed fees payable by case. This applies irrespective of the time spent on the case. For the Deputy's information, Appendix 1 attached sets out the fixed fee payable to panel solicitors for a divorce case.
Insofar as the engagement of barristers is concerned, when a law centre solicitor engages a barrister from the panel established by the Legal Aid Board for that purpose, those barristers must also comply with the Terms and Conditions of that panel, which includes fixed fees. The fee schedule is set out at Appendix 2. In cases where a panel solicitor decides to instruct a barrister, that solicitor must pay the barrister a proportion of the fee they are receiving.
In light of the circumstances outlined above, I am advised by the Legal Aid Board that there is no incentive to prolong such cases.
Appendix 1 – Schedule 1 to the Legal Aid Board Circuit Court Private Practitioner Scheme.
|
Fees for separation and divorce cases (inclusive of any payments made to counsel and exclusive of VAT) |
Fee |
|
a) Judicial separation and divorce cases where a Notice of Trial has been served and to include as appropriate but not limited to, consultations, drafting or settling of pleadings, preparatory work, settlement negotiations and /or court appearances, including any interim applications. |
€3386 |
|
b) Cases where matters have been resolved by a Separation Agreement rather than Judicial Separation proceedings. |
€2539 |
|
c) Judicial Separation and Divorce cases where proceedings have been instituted but the matter does not proceed to service of a Notice of Trial and to include as appropriate but not limited to, consultations, drafting or settling of pleadings, preparatory work, settlement negotiations and / or interim court applications. |
€1693 |
|
d) Separation and divorce cases where the legally aided person has given instructions to the solicitor/firm but either fails to give further instructions or chooses not to proceed with the matter. |
€423 |
|
e) Separation and divorce cases where the legally aided person fails to give any instructions. |
Nil payment |
|
f) Additional fee where a judicial separation or divorce case requires more than one day of evidence. |
€592 |
|
g) Additional fee for taking judgement where a case is heard and judgement is reserved and delivered on a different day. |
€296 |
Appendix 2 – Barristers Panel Schedule 1 (excerpt – Circuit Court fees
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Fees for services THE CIRCUIT COURT (exclusive of VAT) |
Fee Junior Counsel |
Fee Senior Counsel |
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All court proceedings Case Fee:- where counsel is briefed prior to the institution of proceedings to cover all work carried out by him or her in regard to the case to include as appropriate, consultations, drafting or settling of pleadings, preparatory work, interim applications, case progression hearings, settlement negotiations and court appearances. Where counsel is briefed after the Notice of Trial has been served or the matter has been given a hearing date, the case fee (€750) shall cover all work carried out by him or her in regard to the case to include as appropriate, consultations, preparatory work, further interim applications, settlement negotiations and court appearances. An additional sum shall be payable in respect of each interim or interlocutory application on foot of section 35 of the Family Law Act 1995 or section 37 of the Family Law (Divorce) Act 1996. A similar additional sum may be payable for other interim or interlocutory applications subject to them being approved in advance on foot of the legal aid certificate granted to the client. No additional fee shall be payable in respect of an application for judgement in default. Refresher:- An additional sum shall be payable by way of refresher in respect of each second or subsequent day of a hearing, or part thereof. The refresher fee payable to junior counsel shall be in the sum of €400 save in the event that both Junior and Senior Counsel are retained in which case the refresher fee payable shall be €300 per day for Junior Counsel (payable in the event that Junior Counsel is in attendance in court). In order for a refresher to be payable a matter must be at hearing and listed for further hearing and must involve legal submissions and / or evidence in excess of thirty minutes. Refreshers will not generally be payable in relation to mention dates or where matters are adjourned for the purpose of dealing with ancillary issues e.g, costs, or issues incidental to the substantive Order made however the Board may pay an additional fee of €76 to junior counsel and / or €114 to senior counsel in the event that the submission is extensive. Taking judgement:- An additional sum shall be payable for taking judgement (a refresher shall not be payable in these circumstances). Re-entry / enforcement:- If following the completion of a case legal aid is granted for an application to enforce the order or orders made therein or to re-enter the matter for other reasons, the fee payable on such application shall be at the rate of a refresher. General : -Where the Board determines that counsel should be paid for Court work in the superior courts by reference to a set number of hours work the hourly rate. The case fee payable in respect of an appeal from the District Court to the Circuit Court shall be that applicable to a case in the District Court. |
€1,145 €750 €200 €400 €150 €76 |
€1,650 €650 €200 €114 |
327. Deputy Catherine Martin asked the Minister for Justice and Equality the arrangements that will be in place in terms of transfer of undertakings and protection of employment for staff and in terms of funding for redundancies that will occur in projects that lose out in the tendering process in relation to changes following the call for proposals process in relation to GYDP services in 2018; and if he will make a statement on the matter. [12225/18]
Amharc ar fhreagraAs the Deputy will be aware my Department is obliged to carry out an open Call for Proposals process during 2018 in relation to the provision of GYDP services, to fully comply with requirements related to the co-funding of projects by the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020.
I can assure the Deputy that in the context of the Call for Proposals my Department is committed to doing everything feasible to ensure continuity of service for participants on GYDPs and maintain a community driven approach to their operation, as well as minimising any disruption for workers and service providers. In this regard, I am advised that the Call for Proposals process will facilitate existing service providers forming consortiums which could apply to provide services under the new GYDP model.
However, my Department is very much aware of concerns expressed by youth justice workers and their representatives. I can assure the Deputy that careful consideration is being given to all issues raised by stakeholders involved in GYDPs as part of a wide-ranging consultation process, and I understand that arrangements are in train for an extensive series of meetings which will facilitate closer communication in relation to these matters. I can also assure the Deputy that my Department is committed to doing all it reasonably can to address the concerns of workers and GYDP service providers.
In line with the overall objective of providing GYDP services to all children and young persons who require them, I am advised that the Call for Proposals will require applicants to provide for continuity of GYDP services. It is of course a matter for organisations which apply to provide future GYDP services under the Call for Proposals to ensure that they comply with relevant legal responsibilities, including in relation to the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131/2003).
In conclusion, I might add that while my Department does provide funding, through the Irish Youth Justice Service, for the operation of over 100 Garda Youth Diversion Projects, it is not the employer of the youth justice workers on these projects and has no human resources or industrial relations function in this regard.
328. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the process in place for a person that is of the view that An Garda Síochána has failed to investigate a potentially serious alleged crime; and if he will make a statement on the matter. [12237/18]
Amharc ar fhreagraThe Deputy will appreciate that I, as Minister, have no role in relation to how particular criminal investigations are conducted. This is solely a matter for the Garda authorities.
However, I can inform the Deputy that if a person is not satisfied with the manner in which their complaint was dealt with by An Garda Síochána, then it is open to them to contact the Garda Síochána Ombudsman Office (GSOC). GSOC is the independent body charged with receiving complaints from the public concerning members of An Garda Síochána. Contact can be made with GSOC at their offices at 150 Upper Abbey Street, Dublin 1 and by telephone on Lo-Call 1890 600800. Further information is also available on the website, www.gardaombudsman.ie.
329. Deputy Tony McLoughlin asked the Minister for Justice and Equality the way in which An Garda Síochána protocols during national emergencies could be improved to provide more prompt response time and more extensive general surveillance; and if he will make a statement on the matter. [12263/18]
Amharc ar fhreagraThe Deputy may be aware that national emergency management arrangements are in place, involving all the different agencies of the State. These arrangements are governed by the Framework for Major Emergency Management. Co-ordinated by the Government Task Force on Emergency Planning and the Office of Emergency Planning, all the various agencies and bodies continue to work closely together in supporting co-ordinated responses to any national emergency incident that might arise.
An Garda Síochána is one of three principal Response Agencies under Ireland’s Strategic Emergency Management structures and framework and as such, is fully involved in the planning and protocols for the management of major emergencies at national, regional and local levels. Protocols for all response agencies are in place and are under continuous review in the context of the ongoing work to ensure preparedness to deal with a broad spectrum of emergency situations and to enhance national resilience.
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of Garda resources, including personnel, and I, as Minister, have no direct role in operational matters of An Garda Síochána. The Garda Authorities keep the allocation of resources and the management of frontline operational policing duties under constant review in the context of policing priorities to ensure that the optimum use is made of these resources. I am informed by An Garda Síochána that each Garda Division has an emergency plan in place, and these plans are reviewed on an ongoing basis as well as in response to particular crisis events such as the recent Storm Emma.
In responding to all incidents, including during a national emergency, An Garda Síochána prioritises community safety and the protection of life. Storm Emma created a challenging operational environment for An Garda Síochána and other front line responders. Given the extreme nature of conditions during the severe weather event, in places, dynamic risk assessments were required as part of response activities to ensure that the welfare, health and safety of all individuals was protected. With the support of colleagues in Local Authorities, Civil Defence, the Coast Guard and the Defence Forces, a service focused on priorities was delivered across the country.
330. Deputy Willie Penrose asked the Minister for Justice and Equality the status of an appeal by a person (details supplied) in relation to their application for a residence card under the European Communities (Free Movement of Persons) Regulations 2015; and if he will make a statement on the matter. [12292/18]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused a residence card on 24 October 2017 as they were not in compliance with the relevant provisions of the European Communities (Free Movement of Persons) Regulations 2015.
I am further informed that INIS received a request for a review of that decision on 13 November, 2017. The Deputy will appreciate that review applications are dealt with in chronological order. I also understand that there will be no avoidable delay in issuing a decision.
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.
331. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Question No. 283 of 13 February 2018, if he is satisfied with the assurance provided to him by An Garda Síochána that all unlawful killings are properly investigated; if An Garda Síochána has provided similar assurances in relation to the investigation and recording of other crimes such as domestic violence incidents; and if he will make a statement on the matter. [12298/18]
Amharc ar fhreagra332. Deputy Róisín Shortall asked the Minister for Justice and Equality when his attention was drawn to the details of issues identified by civilian analysis in An Garda Síochána; when his attention was further drawn to the fact that they had attempted to engage with the Policing Authority; and if he will make a statement on the matter. [12299/18]
Amharc ar fhreagraI propose to take Questions Nos. 331 and 332 together.
As I have previously advised the Deputy, An Garda Síochána is working in conjunction with the Central Statistics Office (CSO) to resolve an issue which was identified by An Garda Síochána in relation to the classification of homicide offences. The expert oversight by the CSO of crime statistics in line with best international practice ensures that the public can have confidence in the data which informs the development of effective policies by my department.
An Garda Síochána initiated a review of homicide classifications, initially for the period 2013-2015 but later extended the review to cover the period from 2003-2017.
This is obviously a complex process which takes considerable time but it is important that both An Garda Síochána and the CSO are confident that their data is robust and accurate. While the review is underway, the CSO has suspended the publication of quarterly crime statistics, with the most recent published figures being for Q4 2016. I am informed that the review team includes two experts from the Garda Síochána Analysis Service (GSAS) who appeared before the Joint Oireachtas Committee on Justice and Equality recently. The review is not yet complete, however the details will be made public by AGS on completion.
I have already outlined my concern about reports that unlawful deaths were not properly investigated. Any substantiated allegations of this kind would be very serious and a cause of serious public concern. The issue that has arisen in respect of homicide classification is complex and it is essential to clearly establish the facts.
The Deputy will be aware that this issue was already in the public domain prior to my appointment as Minister, when the issue emerged at the public meeting of the Policing Authority in April 2017.
While neither I, nor any of my officials, have received the document from the Garda analysts provided to members of the Justice Committee, I have been briefed regularly since my appointment on the issues relating to crime statistics. I received a report from An Garda Síochána dated 22 September 2017 outlining that 524 cases had been reviewed, 41 of which warranted further investigation and that of those 41, twelve cases required reclassification. Three of those twelve cases were already classified as homicides but were reclassified from murder to manslaughter or vice versa. My Department has regularly discussed this issue with senior Garda management in the intervening period.
On 5 February last, in the course of a wide ranging meeting with An Garda Síochána on policing issues, I was briefed on the issue by the Acting Commissioner and his Senior team, including the head of the GSAS. I subsequently met the Chair and CEO of the Policing Authority together with senior Garda management to discuss the progress made to date in resolving this issue and progress yet to be made. I once again strongly underlined the need to have matters addressed on an urgent priority basis, while acknowledging the labour intensive complex work involved in cases stretching back over many years. An Garda Síochána outlined the methodology of the peer review, and other aspects of the ongoing process, to the Policing Authority at their last public meeting on 22 February 2018.
The Policing Authority, along with officials in the Department of Justice and Equality, are working with the CSO and An Garda Síochána to ensure that all incidents of domestic violence are properly recorded. To this end, I can inform the Deputy that a High Level Liaison Group between An Garda Síochána and the CSO to monitor the quality of crime data for statistical purposes has been established. The Group is chaired alternately by An Garda Síochána and the CSO at Assistant Commissioner/Assistant Director General level.
I continue to support the Authority’s important work in relation to this matter and I understand that this issue will continue to be examined both in public meetings and in the ongoing work that takes place in between such meetings until the Authority is fully satisfied. This oversight is appropriate and welcome, as the Policing Authority was established by the Government as an independent body to oversee the performance of An Garda Síochána in relation to policing services in Ireland. Its key objective is to promote trust and confidence in policing and to help shape policing services for Ireland in the future. I have full confidence in the ability of the Authority to do the work with which they are tasked.
I am, of course, concerned about the statements made by the two Garda analysts to the Justice Committee recently; particularly the suggestion that the non-recording or incorrect recording of incidents of domestic violence may put other women in danger and I commend the analysts for their work in identifying these issues.
As the Deputy will be aware, the Government is committed to preventing and addressing domestic violence in Ireland. In 2016, Government approved the Second National Strategy on Domestic Sexual and Gender-based Violence with actions aimed at changing societal attitudes through awareness raising to help prevent domestic and sexual violence, improving services to victims and holding perpetrators to account. The strategy commits An Garda Síochána to implementing a Risk Assessment Matrix for victims of domestic violence; and to focus on recidivists of domestic violence to prevent and detect crime through early intervention working with organisations supporting victims. In 2017, An Garda Síochána published its Domestic Abuse Intervention Policy, which places victims at its centre and will enhance the capability of members of An Garda Síochána when dealing with domestic violence. The policy will inform the training and continuous professional development of Gardaí.
The National Protective Services Bureau has been established, led by a Chief Superintendent as well as the establishment of a nationwide network of Garda Victim Services Offices with dedicated staff in each of the 28 Garda Divisions . The National Garda Services Bureau is tasked with improving services to victims, improving the investigation of sexual and domestic violence incidents, and identifying and managing risk.
I am also advised that it is intended to establish Divisional Protective Services Units (DPSUs) in each Garda Division, mirroring the responsibilities held by the National Protected Services Bureau. This has been rolled out on a phased basis starting with 3 Divisions - Louth, Dublin Metropolitan Region West and Cork City. The next phase of DPSUs have provisionally been identified and will be launched in the coming months.
333. Deputy Róisín Shortall asked the Minister for Justice and Equality his plans to establish a statutory responsibility on the part of An Garda Síochána and his Department to make requested data available to the oversight bodies in a timely manner and to strengthen the requirement to proactively provide information to the oversight bodies in circumstances in which it has information relevant to the performance of their functions; and if he will make a statement on the matter. [12300/18]
Amharc ar fhreagraThe Deputy will be aware that the Garda Síochána Act 2005, as amended, ("the Act") makes provision for the establishment of a number of oversight bodies for An Garda Síochána, sets out the functions and powers of those bodies and also sets out the obligations of An Garda Síochána in respect of those bodies, including in relation to data that may be required by those bodies. This is in addition to the statutory accountability of the Garda Commissioner to the Minister and the Government.
For example, under section 26 of the Act, the Garda Commissioner is accountable to the Minister for Justice and Equality for the performance of the Commissioner’s functions and those of the Garda Síochána. The Commissioner is also required under section 26 to assist and cooperate with the Policing Authority in order to facilitate the performance by the Authority of its functions.
Under section 40 of the Act, the Commissioner must account fully to the Government and the Minister through the Secretary General of the Department of Justice and Equality for any aspect of his or her functions. This includes the duty to provide, on request by the Secretary General, any document in the power or control of An Garda Síochána.
Under section 41 of the Act, the Commissioner is obliged to keep the Minister and the Secretary General fully informed of:
- matters relating to significant developments concerning
- the preservation of peace and public order in the State,
- the protection of life and property in the State, and
- the protection of the security of the State;
- significant developments that might reasonably be expected to affect adversely public confidence in An Garda Síochána;
- matters relevant to the accountability of the Government to the Houses of the Oireachtas; and
- any other matters that, in the Commissioner’s opinion, should be brought to the Minister’s attention.
In addition, the Commissioner is obliged, whenever required by the Minister, to submit to the Minister a report on any matters connected with the policing or security of the State or the performance of the Commissioner’s other functions that may be specified in the requirement.
Section 41A imposes similar obligations on the Commissioner with respect to the Policing Authority in relation to matters connected with policing services.
Under section 102B, the Commissioner is amenable to investigation by GSOC. Section 103A imposes an obligation on the Commissioner to ensure that information to be provided to GSOC for the purposes of an investigation under 102 or 102B is provided as soon as practicable.
Under section 118, the Commissioner must also provide information to the Garda Síochána Inspectorate on foot of written protocols.
Further, the Commissioner is also amenable to the Select Committee on Justice and Equality.
The Deputy will also be aware that An Garda Síochána has its own Vote (Vote 20) and that section 43 of the Act provides that the Commissioner is the Accounting Officer in relation to the appropriation accounts of An Garda Síochána for the purposes of the Comptroller and Auditor General Acts 1866 to 1998. As Accounting Officer, the Commissioner is responsible for the safeguarding of public funds and property under his or her control and is accountable to the Committee of Public Accounts (PAC) and other Oireachtas Committees.
Finally, the Deputy will be aware that the Commission on the Future of Policing in Ireland, which is comprised of national and international experts, is currently undertaking a comprehensive examination of all aspects of policing in the state, including the appropriate structures for governance, oversight and accountability, and the legislative framework for policing to ensure that it is adequate to meet the challenges of modern policing. The Commission has undertaken a wide ranging consultation and I would encourage the Deputy to engage with them if she has not already done so. The Commission is to report by September 2018 and will, on the basis of its findings, bring forward proposals for the future of policing, including appropriate recommendations for legislative change. I look forward to the receipt of these proposals which will be given full consideration by the Government.
334. Deputy Peter Burke asked the Minister for Justice and Equality if there is a cap on the amount a legal aid solicitor or barrister working in legal aid can make; if there have been cases in which action has been taken against legal professionals that incur additional expense for spurious reasons; if there is a mechanism for an independent third party to review such incidents and the merits contained therein; and if he will make a statement on the matter. [12312/18]
Amharc ar fhreagraI wish to inform the Deputy that the provision of legal aid falls within two separate categories, that is, civil legal aid and criminal legal aid. Details in respect of each category are outlined below.
Civil Legal Aid
The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.
Civil legal aid is generally provided by solicitors who are employed by the Legal Aid Board. As such, they are paid a salary and their pay is not in any way related to the amount of cases undertaken or the length thereof.
In a minority of cases, civil legal aid is provided by solicitors who are members of the Board’s solicitor panels. Such solicitors have accepted the terms and conditions of participation in the panel concerned. These terms include a fee schedule which provides for a specific fee for each case undertaken. The Legal Aid Board does not place any restriction on the number of cases any particular solicitor can undertake, as to do so would place an undue restriction on the right of the legally aided person to select their solicitor as provided for under section 31(1) of the Civil Legal Aid Act 1995.
Insofar as the engagement of barristers by the Board is concerned, barristers who wish to provide legal aid services must accept the terms and conditions of the Legal Aid Board’s Barristers' Panel. This includes the fee schedule set out. The Legal Aid Board does not place any restriction on the number of cases any particular barrister may undertake, based on the Board's requirements for legal services. All claims received by barristers are checked to ensure the appropriate fee is claimed.
The Legal Aid Board has measures in place to quality assure the work carried out by solicitors. This is in the form of best practice guidelines for the conduct of cases as well as regular reviews of legal aid client files by senior managers. Solicitors working in the Law Centres are civil servants and are subject to the Civil Service Disciplinary Code including its provisions with regard to managing underperformance. Private solicitors may be removed from the legal aid panel(s) of which they are members in cases where serious performance issues arise.
The Legal Aid Board has a complaints procedure which is detailed on its website at www.legalaidboard.ie. Complaints in relation to the administrative actions of the Legal Aid Board may be referred to the Office of the Ombudsman.
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The granting of aid is a matter for the court and I have no function in the matter.
The rates of fees payable to solicitors for attendance in the District Court and for appeals to the Circuit Court with effect from 13 July 2011 are set out in Statutory Instrument No. 362 of 2011. €201.50 is paid for the first appearance in court by the solicitor and €50.39 is paid for any subsequent court appearances.
Statutory Instrument No. 234 of 1976 provides that fees paid to counsel acting in the Circuit and higher courts for defendants who have been granted free legal aid are paid on a parity basis with the fees payable to prosecution counsel as set by the Office of the Director of Public Prosecutions (ODPP). The fees paid to solicitors for the defendant are related to those paid to junior counsel as provided for by Statutory Instrument No. 33 of 1978.
There is no cap on the amount that may be paid to a practitioner. This is determined by the number of cases to which they are assigned.
Claims and payments made under the Criminal Legal Aid Scheme are closely monitored. An Oversight Committee was established in 2015 and is comprised of representatives from the Courts Policy Division and Financial Shared Services of my Department, the Courts Service, the Legal Aid Board, An Garda Síochána, the Irish Prison Service and the Chief State Solicitor’s Office. In addition, the management and good governance of expenditure under the Criminal Legal Aid Scheme is subject to audit by my Department’s Internal Audit Unit which reports to our Audit Committee.
Regardless of whether it is civil or criminal legal aid being provided, the Deputy may wish to note that all solicitors remain subject to the rules and disciplinary processes of the Law Society of Ireland. Equally barristers providing legal aid services remain subject to the Code of Conduct for the Bar of Ireland and the Bar’s disciplinary processes.
335. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the position regarding Department employees that were unable to access transport to work on 28 February 2018 due to the significant snowfall in some areas of the country and the cancellation of many rural bus services outside Dublin; if these members of staff will be paid for that day; if not, the reason therefor; and if he will make a statement on the matter. [12315/18]
Amharc ar fhreagraThe 28 February was a normal working day, and Department offices were open for business. A small number of staff were unable to undertake their normal commute due to weather difficulties, or chose to remain at home due to concern over their evening commute if the weather deteriorated. Those with remote access worked from home, and others took a day's annual leave or flexi leave.
336. Deputy Clare Daly asked the Minister for Justice and Equality the number of trained gardaí dealing with child sex offence cases. [12322/18]
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, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter.
I have sought the information requested by the Deputy from the Commissioner and I will write directly to her when a response is to hand.
337. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of applications for residency status in the case of persons (details supplied). [12325/18]
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), the persons concerned have not submitted written representations
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. If any representations are submitted, they will be considered before a final decision is made.
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.
338. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of persons that have been welcomed into the State under the refugee protection programme; and if he will make a statement on the matter. [12352/18]
Amharc ar fhreagraAs the Deputy will be 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. The IRPP is managed from within the Office for the Promotion of Migrant Integration (OPMI) and has responsibility for both the programme refugee resettlement strand and the asylum seeker relocation strand of the Programme.
Since the IRPP was established in 2015, 792 people have been welcomed to Ireland under the programme refugee resettlement strand and 888 people under the asylum seeker relocation strand. Several hundred more people will arrive in Ireland, from both strands, in the coming weeks and months.
Calais Special Project:
The Tusla Separated Children Seeking Asylum Team coordinates and leads the Calais Special Project (CSP). Unaccompanied minors (UAMs) admitted through the CSP are granted programme refugee status and form part of the IRPP. To date, 41 young people have been admitted under the CSP.
A further 6 UAMs have also arrived from Greece under the relocation strand who are in the care of Tusla.
This is a total of 47 UAMs to-date who have arrived in Ireland as part of the IRPP and who are now in the care of the Tusla Separated Children Seeking Asylum Team.
I would like to take this opportunity to place on record my appreciation of the care and professionalism of the Tusla Separated Children Seeking Asylum Team who are providing an invaluable service to unaccompanied minor children arriving under the IRPP and, more generally, through the asylum process.
339. Deputy Clare Daly asked the Minister for Justice and Equality if a person that has been granted leave to remain here can apply for a travel document. [12354/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a person who has been granted leave to remain in the State may apply for a travel document. Unlike a refugee, however, a person with leave to remain does not have an entitlement to be issued with one, and a travel document would be issued solely on a discretionary basis. Each application received for a discretionary travel document is examined on a case by case basis.
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.
