Thursday, 29 Mar 2018

Written Answers Nos. 190-209

Irish Naturalisation and Immigration Service Administration

Ceisteanna (190)

Clare Daly

Ceist:

190. Deputy Clare Daly asked the Minister for Justice and Equality the average processing times for applications (details supplied). [14594/18]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the numbers of applications for naturalisation for the period from 2014 to date, broken down under the main categories referred to by the Deputy, are as provided in the following table:

-	2014	2015	2016	2017	2018*
EU/EEA (of which UK in brackets)	2,600 (50)	3,500 (70)	5,200 (570)	5,000 (860)	1,000 (170)
Non EU/EEA	12,900	9,200	7,900	6,900	1,500
Total Applications Received	15,500	12,700	13,100	11,900	2,500

* 2018 figures are provisional.

Records are not maintained which would facilitate the production of the further detailed information requested by the Deputy.  The retrieval and compilation of this information would necessitate a disproportionate use of time and resources which could not be justified in circumstances where the priority is to deal with the cases on hand.  

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  Every application for naturalisation is considered on its individual merits and in accordance with the provisions of the Act.  As the grant of naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, it is important that appropriate procedures are in place to preserve the integrity of the process.  There is no preferential treatment in respect of particular nationalities.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay.  While most straightforward cases are generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances completing the necessary checks can take a considerable period of time particularly with regard to establishing whether the statutory conditions for naturalisation as set out in the Irish Nationality and Citizenship Act, such as good character and lawful residence, are satisfied.

In many cases delays can arise as further documentation may be required from the applicant, or payment of the required certificate fee is awaited, or the applicant has not been engaging with the office.  In some instances delays can arise at the final stage of the naturalisation process, for example where information comes to light which requires further investigation.  In other instances the applicant may request that a hold be put on their application, for example where they may have returned to their country of origin for a prolonged period, to facilitate them in making arrangements to return to reside in the State, or where they have difficulty in obtaining satisfactory evidence of their identity or nationality.

Garda Civilian Staff Data

Ceisteanna (191, 192)

Donnchadh Ó Laoghaire

Ceist:

191. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of civilian staff employed by An Garda Síochána; and the number of such staff employed in each of the years 2013 to 2017, in tabular form. [14599/18]

Donnchadh Ó Laoghaire

Ceist:

192. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of gardaí carrying out full-time clerical work in An Garda Síochána in each of the years 2013 to 2017, in tabular form. [14600/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 191 and 192 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and I, as Minister, have no direct role in the matter.

The most recent figure available in respect of civilian staff employed by An Garda Síochána indicates that there are 2,254 full-time equivalents in the organisation as of 28 February 2018. This represents an increase of 255 as of the end of 2016.

The Commissioner has advised that the number of civilian staff for the years 2013-2017 is as follows:

Year	Total Civilian Strength
2013	2072
2014	2055
2015	2007
2016	1999
2017	2192

As the Deputy will be aware the Government approved the Five Year Reform and High-level Workforce Plan for An Garda Síochána in July 2016. The plan encompasses the agreed recommendations of the Garda Inspectorate Report "Changing Policing in Ireland" and the Programme for a Partnership Government commitment to expand the Garda work force. In relation to civilian staff the Plan sets a medium term target of 20% civilians of the overall Garda workforce by 2021. This translates to a doubling the number of civilian staff from 2,000 to 4,000 over the period. This will bring An Garda Síochána more in line with international norms and ensure that trained Gardaí are not engaging in administrative and technical duties which could be done by suitably qualified civilian staff. In this regard the Inspectorate identified some 1,500 posts that may be suitable for redeployment.

The 20% target is to be achieved through a twin-track approach: firstly, through a "civilian by default" policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant, and secondly, redeployment of Gardaí and backfilling by suitably qualified civilians where necessary.

Thus far the Commissioner has received sanction in accordance with the statutory framework under the Garda Síochána Act 2005 for over 280 new posts to address critical skills and capacity gaps in the organisation and to backfill posts occupied by redeployed Gardaí. An Garda Síochána is currently engaging with the Policing Authority in relation to approval for a further 116 new civilian posts. It is also through a workforce planning exercise identifying further priority areas that would benefit from civilian staff with specific skillset

To support the redeployment programme An Garda Síochána conducted an organisation deployment survey in February 2017 which identified 2,000 roles for further examination to clarify if they could be undertaken by civilian staff. Of those, 871 roles were identified as administrative. The Commissioner has established a dedicated Project Team to drive momentum on redeployment. That Team is conducting a detailed review of the survey results to identify specific roles for redeployment on a phased basis. It is of course important to keep in mind that redeployment must be approached fairly and with regard to why the member is in an administrative role. It may be, for example that the member is on light duties due to a medical condition or is pregnant. It may also be the case that some members may require refresher training to support them in returning to the front-line. The Team is working to address these challenges and is engaging with the Garda Associations.

I am encouraged that the number of civilians working in An Garda Síochána continues to increase. Funding for a further 500 additional civilians was provided in Budget 2018. The Government is committed to meeting the 20% target and I have made it clear to the Commissioner that I expect an acceleration this year to ensure that the target is met by 2021.

Residency Permits

Ceisteanna (193)

Bernard Durkan

Ceist:

193. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application by a person (details supplied) for residency status; and if he will make a statement on the matter. [14615/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had their permission to remain in the State renewed for a further one year period to 19 March 2019. This decision was conveyed in writing to the person concerned by registered post dated 20 March 2018.

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.

Consultancy Contracts

Ceisteanna (194)

Bríd Smith

Ceist:

194. Deputy Bríd Smith asked the Minister for Justice and Equality the value of contracts for services awarded to a company (details supplied) by his Department since 2010, in tabular form; and the type of work undertaken by the company. [14633/18]

Freagraí scríofa

Minister for Justice and Equality

I can advise the Deputy that my Department has not procured services from the company in question during the period referred to.

Garda Training

Ceisteanna (195)

Stephen Donnelly

Ceist:

195. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the number of gardaí by county that have requested additional training to drive under blue lights for the past five years; the number that have received the requested training; the average wait time for training; and if he will make a statement on the matter. [14708/18]

Freagraí scríofa

Minister for Justice and Equality

As 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 Garda training and I, as Minister, have no direct role in the matter.

I have sought a report from the Garda Commissioner in relation to the information requested by the Deputy and I will write directly to the Deputy when the report is to hand.

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

Migrant Integration

Ceisteanna (196)

Fiona O'Loughlin

Ceist:

196. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the obligation on local authorities to have in place a migration integration strategy; the consequences for local authorities that fail to have such a policy in place; and if he will make a statement on the matter. [14720/18]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

Although I do not have direct responsibility in relation to the actions of Local Authorities, I take it the Deputy is referring to the Action 52 of the Migrant Integration Strategy, which states that “Integration strategies will be updated”. Local Authorities are the Responsible Bodies for the implementation of this action.

All actions will be undertaken within the framework of the National Strategy. A Monitoring and Coordination Committee has been established to support the process of implementing the Migrant Integration Strategy. The Committee, which comprises representatives of relevant Government Departments, State Agencies and the NGO sector, oversees the implementation the strategy. The Terms of Reference for this committee include: the review of all actions; the monitoring of progress; assessing whether or not further action is needed; and to make recommendations for adding or changing actions. Progress on the implementation of the actions in the Strategy will be reviewed at the end of 2018 and a report prepared for Government.

In addition, under the Asylum, Migration and Integration Fund (AMIF) 2014-2020, my Department supports the ‘Immigrant Council of Ireland’ with a grant award of €150,000, which includes an objective to monitor, encourage and support the development and implementation of Local Authority Integration Strategies over a three year period. It is envisaged that this project will also bring together all Local Authorities in Ireland to discuss challenges, opportunities for collaboration and share good practice examples.

EU Directives

Ceisteanna (197)

Fiona O'Loughlin

Ceist:

197. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the status of the State's application to take part in Directive 2013/33/EU; when it is expected the process will be completed; the provisions which will be put in place to allow asylum seekers enter the workplace on the conclusion of the process; and if he will make a statement on the matter. [14721/18]

Freagraí scríofa

Minister for Justice and Equality

The Supreme Court Judgment acknowledges that a constitutional right to seek employment exists where no temporal limit is set for the processing of protection applications. The Government decided to utilise this opportunity to significantly broaden the scope of reform required by the judgement and  to ask the Oireachtas for permission to opt-in to the EU (recast) Reception Conditions Directive. This would bring Ireland in line with our EU partners and the standards of reception conditions for protection applicants, by placing the entire system on a legislative basis, which will be subject to EU oversight. This is another important reform in the process undertaken by government since 2014. Opting in will provide the mechanism not only in addressing the issue of labour market access but also extending to children’s rights, rights for unaccompanied minors, vulnerable people, appeals processes, healthcare and education provision.

During the course of the debate in the Joint Oireachtas Committee on Justice & Equality, and in both the Seanad and the Dáil, I outlined the proposal and rationale for opting into the EU (recast) Reception Conditions Directive under the terms of Protocol 21, annexed to the EU Treaties.  I also outlined the compliance process involved with the EU Commission which they require, and which will take up to four months to complete.  The Oireachtas approved the opt-in on 23rd January and the following day our Ambassador delivered the formal notification to the Commission and European Council.

Because of this timeframe, it was necessary to address the situation that would exist from the 9th February until the opt-in process is completed.  From February 9th protection applicants would be treated equally to all other third country nationals wishing to work here and they could apply for an employment permit under the regulations established and administered by the Department of Business, Enterprise and Innovation.

In addition to accessing the employment permits regime, I used my executive power to provide an additional access for qualified applicants to engage in self-employment on terms that can be mirrored in a permanent scheme once the process of compliance with the Directive is completed with the EU Commission. 

As outlined, these are interim measures until the four month EU opt-in process is complete. Once this happens, access to the labour market will be underpinned by EU law.  The implementation group, chaired by my Department and with representatives from all relevant Departments and Agencies, is currently working through the details, which will allow me to introduce, subject to Government approval, a less restrictive access to different categories of work than the employment permits regime, which is not under my remit, which will apply in the interim period.

Widening access to the labour market is a complex issue, needing to take account of a range of factors such as maintaining the integrity of the Common Travel Area, potential impacts of Brexit and any impacts on the existing employment permits regime for non-EEA nationals. These considerations will be balanced with meeting the Directive’s requirement of granting effective access to the labour market, the wellbeing of protection applicants, being cognisant of current labour market shortages, the skill set of applicants and employment opportunities available in both urban and rural communities.

Asylum Applications Data

Ceisteanna (198)

Fiona O'Loughlin

Ceist:

198. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality when the process for asylum seekers to apply for an employment permit first opened (details supplied); the number of asylum seekers that have applied for a permit under this process; the number of applications which were for a self-employed permit; the number of applications which have been successful; and if he will make a statement on the matter. [14722/18]

Freagraí scríofa

Minister for Justice and Equality

The Supreme Court’s decision to remove the absolute prohibition on International Protection applicants seeking access to the labour market took effect on February 9th of this year.

From that day it became possible for International Protection applicants or their prospective employers to apply for an employment permit on the same basis as any non-EEA national. My Department has no role or function in this area. We do not set the regulations for employment permits or access to this permission, as this is done by my colleague the Minister for Business, Enterprise and Innovation. As a result my Department cannot receive or open applications for employment permits.

Following Government approval, I used my executive powers to introduce an administrative scheme to allow access for qualified applicants to engage in self-employment. The total number of Self Employment applications received is 401, of which 290 have been granted.

Immigration Data

Ceisteanna (199)

Fiona O'Loughlin

Ceist:

199. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of persons held for immigrant offences in each of the years 2014 to 2017; the medical, legal and other rights afforded to immigration detainees; and if he will make a statement on the matter. [14723/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by An Garda Síochána that it is not possible in the time available to provide the details requested by the Deputy and that efforts to do so would require the expenditure of a disproportionate and inordinate amount of Garda resources and time. However, the Garda National Immigration Bureau are examining what available information can be compiled and I will revert to the Deputy as soon as possible.

The provisions of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 and 2006 provide rules and procedures regarding how a person must be treated while in custody in Garda Síochána stations. These Regulations apply to persons who have been arrested at ports of entry to the State and are subsequently detained at a Garda Síochána station.

Immigration Controls

Ceisteanna (200)

Fiona O'Loughlin

Ceist:

200. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality his views on the recently published report from Nasc Ireland, Immigration Detention and Border Control in Ireland; and if he will make a statement on the matter. [14724/18]

Freagraí scríofa

Minister for Justice and Equality

I note that the report to which the Deputy refers was published on 14 March 2018. The report refers to an earlier report from 10 years ago and draws conclusions from sample cases over a two year period.  My officials will study its contents over the coming period. Indeed, I am happy to note that officials of my Department, the Prison Service and other agencies participated in key stakeholder interviews for the purposes of the report.

As the Deputy will appreciate, every State has a duty to protect its borders and to refuse entry to those persons not entitled to enter the State. This is a fundamental exercise of State sovereignty necessary to protect the security of the State and to prevent illegal immigration.

The exercise of powers in this area is subject to the law and respect for individual rights. Similarly, the seeking of International Protection is governed by national and international laws.  

I would point out that detention in a Garda Station or prison of a person refused entry to the State is undertaken as a last resort. Indeed, there is a statutory obligation to return a person refused entry permission as soon as is practicable. Most persons are returned on the same day that they are refused entry.

It is also worth noting that An Garda Síochána in conjunction with the Office of Public Works are undertaking a project at Dublin Airport (by far the busiest point of entry to the State) to refurbish and fit-out an existing facility to provide a Garda Station, office accommodation and detention facilities.

Finally, it should be noted that the numbers of passengers arriving at Dublin airport (by far the busiest point of entry to the State and with the greatest number of decisions refusing entry permission) has risen markedly in the last number of years. Overall, passenger numbers at Dublin airport have grown by 58% since 2011, from 18.7 million to 29.6 million. However, the numbers refused permission to enter the State as a percentage of overall incoming passengers has remained virtually unchanged at approximately 0.025% of incoming passengers. In this context, the sample size used in the report is extremely small when measured against the number of passengers encountered in any period.

Statutory Instruments

Ceisteanna (201)

Brendan Smith

Ceist:

201. Deputy Brendan Smith asked the Minister for Justice and Equality the reason there was no consultation with a representative organisation (details supplied) prior to the signing of a statutory instrument; and if he will make a statement on the matter. [14760/18]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

I wish to advise the Deputy that Statutory Instrument 646 of 2017, entitled Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017, was signed into law by me and circulated to firearms dealers.

These Regulations give effect to minimum standards for the safe and secure storage of firearms and ammunition in the premises of firearms dealers. They recognise that firearms dealers are entitled to be in possession of large quantities of firearms but require them to conduct business from a premises that has been constructed to a high standard. The Regulations also recognise the different categories of firearms dealers and scales the requirements depending on the quantities of ammunition and firearms being stored. For example, a time lock requirement does not apply to those dealers who deal only in small quantities of ammunition.

This Statutory Instrument derives from the powers conferred under Sections 9(10) and (11) of the Firearms Act 1925, which were inserted by Section 38 of the Criminal Justice Act 2006. Section 9(10) provides “The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on a business or proposes to do so”.

Section 9(11) provides “The minimum standards shall be determined by reference to

(a) the security of the premises

(b) their safety, and

(c) their standard of construction,

and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition”.

These provisions were passed by the Oireachtas on 5 July 2006 and signed into law by the President on 16 July 2006 and commenced on 1 January 2008.

The Regulations were developed following consultation with a sub-group of the Firearms Consultative Panel (FCP) consisting of registered firearms dealers. It was agreed by the FCP when this sub group was being established that the firearms dealers on the Panel at the time should sit on the sub-group for the purpose of examining this particular issue. Firearms dealers’ premises were visited in fourteen counties prior to and during the drafting of this legislation. The dealers who sat on the sub-group are knowledgeable of the security that they and their colleagues utilise. Additionally, An Garda Siochána who were represented on the group have extensive experience with regard to security measures available in the industry and particularly in firearms dealers’ premises.

The FCP is a consultative group and it was never the intention that the legislation would be dependent on the FCP’s support. I should add that I am currently reviewing the future structure and membership of the FCP and submissions have been invited from the relevant interest groups.

The Commissioner of An Garda Síochána has endorsed the security measures contained in this Regulation and has advised that the inclusion of a requirement for a time-lock on the strong room door will deter criminal activity and require the use of greater resources by any person attempting to access firearms or ammunition illegally. Similar security measures have been applied successfully elsewhere, e.g. in banks, pharmacies and the jewellery sector.

In order to minimise the financial impact, a lead-in time of twelve months (to 1 February 2019) for compliance has been included in the Regulation in order to permit dealers sufficient time to comply with the legislation.

I wish to advise the Deputy that I have no plans to amend these regulations which have been introduced as a public safety measure.

Question No. 202 answered with Question No. 183.

Garda Training

Ceisteanna (203)

Jim O'Callaghan

Ceist:

203. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the cost of training 100 new Garda recruits; and if he will make a statement on the matter. [14786/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that 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 recruitment and training of the members of An Garda Síochána. I, as Minister, have no direct role in the matter.

I have been informed by the Garda authorities that annual costs for new Garda recruits include a basic weekly allowance of €184. After 32 weeks of training, Garda Recruits are attested and move on to the first point of the Garda pay scale €29,669 rising to a maximum of €51,693 per annum after 19 years.

I am further informed that the cost of training recruits is subsumed into the overall training costs of the Garda College and as such are not easily identifiable on a separate basis. The total cost of running the Garda College in 2017 was approximately €32m, which includes the salary costs of all College personnel and other establishment costs.

Garda Expenditure

Ceisteanna (204, 205)

Jim O'Callaghan

Ceist:

204. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the full first year cost of hiring 100 additional gardaí after they have completed their training; and if he will make a statement on the matter. [14787/18]

Jim O'Callaghan

Ceist:

205. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the full second year cost of hiring 100 additional gardaí; and if he will make a statement on the matter. [14788/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 204 and 205 together.

The Deputy will be aware that 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 recruitment and training of the members of An Garda Síochána. I, as Minister, have no direct role in the matter.

I have been informed by the Garda authorities that payroll costs for new Garda recruits include a basic allowance of €184 per week.  After 32 weeks of training, Garda Recruits are attested and move on to the first point of the Garda pay scale €29,669 rising to a maximum of €51,693 per annum after 19 years. They may also qualify for other allowances depending on their assignments.

I am further informed that the annual payroll cost of 100 new recruits in their first year including that training period (assuming a commencement date of 1st January each year) is €2,293,888; and in their second year €4,563,704. This figure includes Employer's PRSI and an estimation of allowances which the recruits may qualify for following attestation. The annual cost will increase as the members' move up the Garda Pay scale each year.

Garda Civilian Staff Data

Ceisteanna (206)

Jim O'Callaghan

Ceist:

206. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the full cost of recruiting an additional 100 civilian staff to An Garda Síochána; and if he will make a statement on the matter. [14789/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be aware in accordance with section 26(1)(b) of the Garda Síochána Act 2005 as amended, the Garda Commissioner has statutory responsibility for the recruitment of civilian staff and I, as Minister, have no role in the matter. Section 19 of the Act governs the sanctioning of additional civilian staff for An Garda Síochána and requires the approval of the Policing Authority subject to my consent and that of the Minister for Public Expenditure and Reform.

I have been informed by the Garda authorities that the total cost of recruiting an additional 100 civilian staff to an Garda Síochána amounts to approximately €4,300,000. This was calculated by using an estimated average cost per civilian of €43,000.

Electronic Tagging

Ceisteanna (207, 208, 210)

Jim O'Callaghan

Ceist:

207. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of prisoners that were subjected to electronic tagging in 2017; the number of days electronic tagging was used on prisoners; the cost of electronic tagging in 2017; and if he will make a statement on the matter. [14790/18]

Jim O'Callaghan

Ceist:

208. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the items covered in the contract cost of €258,000 for 20 electronic tags for 2017; and if he will make a statement on the matter. [14791/18]

Jim O'Callaghan

Ceist:

210. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of persons in custody that were electronically monitored while on temporary release in 2017; the number of days each person was on release while electronically monitored; the cost per prisoner per day; and if he will make a statement on the matter. [14793/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 207, 208 and 210 together.

I am to advise the Deputy that Part 10 of the Criminal Justice Act 2006 provides for the introduction of electronic monitoring.

I am advised by the Irish Prison Service that following a competitive tender in 2014, a contract was awarded for the supply of electronic monitoring of prisoners.

Electronic monitoring is used to monitor prisoners who have been granted Temporary Release including for the purpose of the Community Return/Community Support Scheme. The system is also used to monitor some hospital in-patients who have been granted temporary release from Prison.

The current contract allows for the provision of up to 50 electronic tags to the Irish Prison Service. During 2017, there were 59 prisoners electronically monitored while on temporary release. The total cost of this service to the Irish Prison Service in 2017 was €166,117. The contract requires a minimum usage of 10 tags. The Irish Prison Service currently have 20 tags available for their use and can avail of up to 50 tags if required. The contract includes the supply of the electronic tagging devices, fitting and removal of the tags on the prisoner with a monitoring and reporting service. The tagging devices also come with a charging device and in some cases where a curfew is required a beacon will also be required to be fitted in the prisoners’ residence.

The average cost per prisoner is impacted upon by the total number of days per year that prisoners are electronically monitored. In 2017 electronic tagging devices were deployed 4,616 times, involving 59 prisoners at an average cost of €36 per deployment.

It has not been possible in the timeframe allowed to collate and provide a breakdown of the precise details in respect of the number of days each prisoner was released on temporary release and the costs associated, as this would entail a manual check of the individual records for each of the 4,616 times the electronic tagging devices were in use. I will revert to the Deputy as soon as this information has been compiled.

It is important to stress that the electronic monitoring arrangements that operate within the Irish Prison system are different to those envisaged in legislation under the Bail Acts (as amended) where significantly different constitutional and operational considerations apply.

EU Directives

Ceisteanna (209)

Jim O'Callaghan

Ceist:

209. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the EU directives not yet transposed into law; the deadline imposed by the EU for the transposition of same; the estimated date for transposition into law; and if he will make a statement on the matter. [14792/18]

Freagraí scríofa

Minister for Justice and Equality

In respect of the Deputy’s question please see the following table which outlines the EU directives that come within the remit of my Department which have not yet been transposed into law, the estimated date for transposition into law and the EU deadline for transposition of same.  

EU Directive	Estimated Date for Transposition into Law	EU Deadline for Transposition
Directive 2017/1371/EU of the  European Parliament and of the Council of 5 July 2017 on the fight against   fraud to the Union's financial interests by means of criminal law.	Q3 2019	6 July 2019
Directive 2017/853/EU of 17 May 2017 amending Directive 91/477/EEC on control of the acquisition and possession of weapons.	By transposition deadline	14 September 2018 (except for amendments to Article 4(3) and Article 4(4) of  Directive 91/477/EEC which have a deadline of 14 December 2019)
Directive 2017/541/EU of the   European Parliament  and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework   Decision 2002/475/JHA and amending Council Decision 2005/671/JHA.	Ireland was unable to opt-in to  the measure in early 2016 as negotiations were ongoing to form a new Government following the General Election.*	8 September 2018*
Directive 2016/681/EU of the European Parliament and of the Council of 27 April 2016 on the use of   passenger name record (PNR) data for the prevention, detection, investigation   and prosecution of terrorist offences and serious crime.	By transposition deadline	25 May 2018
Directive 2016/680/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or   prosecution of criminal offences or the execution of criminal penalties, and of the free movement of such data, and repealing Council Framework Decision   2008/977/JHA.	By transposition deadline	25 May 2018
Directive 2015/849/EU of the European Parliament and of the Council of 20 May 2015 on the prevention of   the use of the financial system for the purposes of money laundering or   terrorist financing, amending Regulation (EU) No 648/2012 of the European   Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC.	Q4 2018	26 June 2017
EU Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of   the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA.	December 2018	23 May 2016
Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and   confiscation of instrumentalities and proceeds of crime in the European Union.	Substantially transposed by SI 540/2017 on 28 November   2017.  Some further minor amendments are likely to be required.	4 October 2016
Directive 2013/33/EU EU Reception Conditions Directive	The Oireachtas approved an opt-in by the State to the EU   (recast) Reception Conditions Directive (2013/33/EU) on 23 January 2018. **	July 2015 **
Directive 2012/29/EU of the  European Parliament and of the Council of 25 October 2012 establishing   minimum standards on the rights, support and protection of victims of crime.	May 2018***	16 November 2015

* The Criminal Justice (Terrorist Offences) Bill is included in the Government Legislative Programme. This legislation must be in place before the EU Commission, in accordance with Protocol 21.4, can confirm Ireland's participation in the measure thus enabling transposition to take place.  The September 2018 transposition date relates to those Member States bound by the Directive from its enactment.  

** The July 2015 transposition date related to those Member States bound by the Directive from its enactment. From the formal date of notification of our wish to accept and be bound by the Directive, which was made on 24 January 2018, the EU Commission has a four month period to complete the compliance and assessment procedure to confirm our participation in the Directive. A Statutory Instrument is being drafted for transposition. This will require approval by both the Government and the European Commission before the Directive enters into force in the State.  

*** The legislation transposing this Directive, the Criminal Justice (Victims of Crime) Act 2017, has been enacted.  There are two relevant provisions still to be commenced and it is anticipated that this will happen by May 2018.