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Gnáthamharc

Tuesday, 17 Apr 2018

Written Answers Nos. 536-552

Immigration Status

Ceisteanna (536)

Bernard Durkan

Ceist:

536. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when residency status and citizenship will be confirmed in the case of a person (details supplied); and if he will make a statement on the matter. [15465/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy, who currently has permission to reside in the State until 10 August 2018, is on-going. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union level, and it is important that appropriate procedures are in place to preserve the integrity of the process. 

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are now 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. 

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.

State Visits

Ceisteanna (537)

Mattie McGrath

Ceist:

537. Deputy Mattie McGrath asked the Minister for Justice and Equality the number of official State visits his Department has been involved with for each of the past four years; the costs associated with same; and if he will make a statement on the matter. [15599/18]

Amharc ar fhreagra

Freagraí scríofa

The organisation of State and official functions, including inward visits from the Heads of State or Government of other states are matters that fall under the responsibility of the Departments of the Taoiseach and Foreign Affairs and Trade, which lead on the management of incoming State visits.

I am informed that five incoming State visits have taken place since 2014 from Mozambique, Germany, Cyprus, Croatia and Italy.

In respect of some State visits, security measures are put in place by the Garda Authorities and I am advised by the Garda Authorities that it is not readily possible to identify additional costs that would have been incurred associated with these individual State visits.  That said, I am informed that any such costs that would have been incurred would have been minor.

Departmental Funding

Ceisteanna (538)

Eoin Ó Broin

Ceist:

538. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the rationale for the decision to stop funding a centre (details supplied); the amount of funding provided by his Department to this service each year since its establishment; the similar services that are also having their funding withdrawn; and his plans to reconsider the matter and to reinstate funding to the centre. [15602/18]

Amharc ar fhreagra

Freagraí scríofa

The Office for the Promotion of Migrant Integration (OPMI), an Office of my Department, allocates public funding for migrant integration projects on the basis of competitive selection processes carried out in a fair, open and transparent way.  This gives a wide range of community and voluntary organisations the opportunity to bid for government funding for projects to support the integration of migrants in our communities.

In 2017 an open selection process was conducted to allocate funding under the National Funding Programme to Promote the Integration of Immigrants. All eligible applications received were assessed by OPMI staff against the published selection criteria. The funding recommendations were reviewed by an assessment committee that included external representatives. In all, 15 projects were selected to receive funding from a total of 73 eligible applications.

An application was received from South Dublin County Partnership which included a request for funding to contribute to the cost of running the centre referred to by the Deputy.  Regrettably, this application was unsuccessful in what was a highly competitive process.

My officials advise that at a subsequent meeting held with the Office for Promotion of Migrant Integration in November last year, representatives from South Dublin County Partnership outlined their concerns for the future of the centre in Clondalkin.  Officials of my Department proposed a number of alternative options to secure funding.  They invited the representatives of South Dublin County Partnership to consider these options further and to submit proposals.  However, no such proposals have been forthcoming to date.  These options remain open to the organisation.

The National Funding to Promote the Integration of Immigrants is one of a number of funding programmes, administered by or on behalf of my Department to support migrant integration. We also provide funding from the Asylum Migration and Integration Fund and the Communities Integration Fund. South County Dublin Partnership is in receipt of integration project funding under both these funds. In 2017 the Partnership was awarded a grant of €150,000 over three years under the Asylum, Migration and Integration Fund.

The Migrant Integration Strategy, which was published in February 2017, contains a number of very specific actions under the theme of promoting intercultural awareness and combating racism and xenophobia.  These actions, which are being implemented, include ensuring appropriate migrant representation on local joint-policing committees, implementing victim-focused policing of racist crime, rapid removal of racist graffiti and the strengthening of legislation dealing with hate crime.

The Migrant Integration Strategy also makes provision for the continuation of funding through OPMI for integration related projects at community level up to and including 2020.  Future "Calls for Proposals" under all integration funding programmes will be advertised on my Department's website, the Office for the Promotion of Migrant Integration and the EU Funds Unit of the Department.  South Dublin County Partnership is entitled to apply as appropriate.

Garda Equipment

Ceisteanna (539)

Thomas P. Broughan

Ceist:

539. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the cost of speed vans to monitor speed on roads around the country in 2017; and if he will make a statement on the matter. [15633/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by An Garda Síochána that the amount paid to Road Safety Operations Ireland, trading as GoSafe, for the provision and operation of safety cameras was €14.6m in 2017.

The duration of the current contract is 6 years with effect from the Services Commencement Date (1 May 2017), with the option to extend the contract for an additional 12 months. The estimated cost of the core safety camera service over 6 years is approximately €73 million excluding VAT (Total cost of the safety camera contract over 7 years is estimated at €100.4 million, including VAT). This represents a reduction of approximately 14% when compared with the cost which would have arisen over that time based on the charges under the previous contract.  

Under the current contract, GoSafe will provide an annual minimum of 90,000 hours of monitoring and surveying vehicle speed across 1,031 designated safety camera zones. This equates to a minimum of 7,400 monitoring hours and 100 survey hours a month. This represents an annual increase of 300 hours on the previous contract.  The current contract also contains provisions for up to 1,500 additional monitoring hours within any calendar month and the option to avail of fixed, temporary fixed and average speed safety camera systems. 

The role of the Safety Camera Contract is critical in the context of road traffic enforcement, improving road safety by changing driver behaviour in order to reduce road traffic fatalities and serious injuries by reducing the incidence of drivers exceeding stipulated speed limits, in circumstances where speeding is known to be a significant factor behind serious collisions. As such, the deployment of safety cameras is determined by road safety considerations as opposed to revenue maximisation.

The overall impact of the safety cameras can be seen in the impact on the fatal collisions in the designated safety camera zones, referred to as speed enforcement zones. The designation of specific sections of road as speed enforcement zones is based on an analysis of collision data by An Garda Síochána. In the years 2004 to 2009 (the 6 years before the introduction of the safety camera network began), approximately 3 out of 10 (30%) fatal collisions occurred in these zones. In 2015, this figure had reduced to 16% (or 24 road deaths) in safety camera zones.

The safety camera network has made a critical contribution to road traffic enforcement and, by extension, road safety, since its inception, and will continue to provide valuable support to An Garda Síochána in the context of roads policing.

Penalty Points System Data

Ceisteanna (540)

Thomas P. Broughan

Ceist:

540. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of penalty points accumulated for speeding during 2017; the number of speeding fines paid during 2017; the amount in this regard; and if he will make a statement on the matter. [15634/18]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of a Garda report.

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

Garda Operations

Ceisteanna (541)

Peadar Tóibín

Ceist:

541. Deputy Peadar Tóibín asked the Minister for Justice and Equality his views on the matter of drug dealers who are informers being allowed to sell drugs in communities; if this is an official policy; if his attention has been drawn to the prevalence of this policy and the quantity of illegal drugs sold here annually due to this policy; and the steps he has taken to measure the impact of this policy on local communities. [15657/18]

Amharc ar fhreagra

Freagraí scríofa

I have raised the matter referred to by the Deputy with the Garda Authorities and requested a report on the issue. I will reply to the Deputy when the report is to hand.

The following deferred reply was received under Standing Order 42A
An Garda Síochána conduct intelligence led operations to target particular suspects or criminal activities such as drug dealing. You will be aware that the Gardaí have had a number of significant successes in targeting drugs crime with seizures of large amounts of drugs. These seizures are the result of painstaking and professional police work which is aimed at dismantling the criminal networks that are behind the visible manifestations of drug misuse which are evident in our communities.
I am informed by the Garda Authorities that the use of informants by An Garda Síochána is governed by the Code of Practice for Garda Personnel Involved in the Management and use of Covert Human Intelligence Sources. Covert Human Intelligence Sources (CHIS) is the recognised term by law enforcement personnel for “informants” or “informers”.
The CHIS Code of Practice dictates organisational policy on the use of such resources. In accordance with the Code of Practice, participants are clearly instructed not to commit crime and are made aware that if any offences are committed they are liable to criminal proceedings.

Garda Deployment

Ceisteanna (542)

Jim O'Callaghan

Ceist:

542. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the extra gardaí that will be required post Brexit if there is a hard or soft border; and if he will make a statement on the matter. [15659/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am advised by the Commissioner that the allocation of resources is been kept under constant review in line with operational and security demands including any possible policing requirements post Brexit.

I am further advised that An Garda Síochána is acutely aware of the ongoing complex negotiations regarding Brexit and is committed to ensuring the organisation is prepared for all possible outcomes and any possible policing implications and challenges arising. I understand that a high level team composed of managers from across the organisation has been established by the Commissioner and that scoping exercises in anticipation of Brexit have been conducted by An Garda Síochána.

My Department is engaged on an ongoing basis with An Garda Síochána as part of the deep and detailed work being undertaken right across Government and the public sector in response to the UK decision to leave the EU.   Furthermore, An Garda Síochána is represented at a senior level in the ongoing discussions between the Department of Justice & Equality and the UK Home Office in relation to the operation of the Common Travel Area.

The Deputy will be aware that there is close and ongoing cooperation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting security threats and cross-border crime. The Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing cooperation, have repeatedly emphasised the scope and the value of the close and high quality cooperation between the two police services in combating crime, protecting community safety and saving lives. The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island.

I would also point to the Annual Cross Border Conference on Organised Crime and the Biennial Cross Border Organised Crime Threat Assessment, jointly produced by An Garda Síochána and the Police Service of Northern Ireland (PSNI).  The conference provides the opportunity to assess and address changing trends in crime, and to build upon and enhance the operational actions already being undertaken.  The Threat Assessment provides an insight into organised criminal activity on both sides of the border together with an assessment of the cross border nature of such criminality.  All of this serves to inform operational strategies and resource allocation decisions.

I am confident that this cooperation will continue post Brexit and I and my officials are in regular contact with counterparts in the UK and with the EU Commission to ensure that crime and security cooperation along the border is not undermined by Brexit.  In its approach to the Brexit negotiations, the Government has ensured that a very high priority has been given to protecting the gains of the Peace Process and the avoidance of a hard border - nationally and by our partner Member States and by the EU Commission.

Common Travel Area

Ceisteanna (543)

Jim O'Callaghan

Ceist:

543. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of meetings of the Common Travel Area Forum since the United Kingdom triggered Article 50 of the Treaty of Lisbon; if he or officials from his Department have attended these meetings; and if he will make a statement on the matter. [15696/18]

Amharc ar fhreagra

Freagraí scríofa

Since 29 March 2017, when the UK notified the President of the European Council of its intention to withdraw from the European Union, there have been two meetings of the Common Travel Area Forum (CTAF), on 28 June and 12 October. A third meeting is to be held in Dublin on 19 April 2018.

Meetings of the CTAF are jointly chaired by the Director General of the Irish Naturalisation and Immigration Service and his UK Home Office counterpart, and are attended by officials from both jurisdictions. The Forum acts as a steering committee for the ongoing work of protecting the Common Travel Arrangement (CTA) in relation to free movement of people between our countries while at the same time ensuring that it is not abused by those not entitled to avail of it. It provides a framework for a more strategic approach for the excellent co-operation between Ireland and the United Kingdom in this key policy area.  Other aspects of the broader scope of the CTA, such as access to services in each other’s countries by Irish and UK nationals are dealt with bilaterally by the relevant Government Departments. 

The CTAF also meets in sub-group format to address particular elements of Ireland/UK cooperation. In addition, there is regular contact between Irish and UK officials on strategic and operational CTA matters.

Fines Data

Ceisteanna (544)

Jim O'Callaghan

Ceist:

544. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount of unpaid court imposed fines in 2017; the percentage of these that were imposed for burglary offences; and if he will make a statement on the matter. [15716/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of information on the courts system, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the table below sets out the information sought in relation to the amount of unpaid court imposed fines in 2017 and the percentage of those fines that were imposed for burglary offences.

The Fines (Payment and Recovery) Act 2014  provides for alternatives to imprisonment for non-payment of fines.  Section 7 provides for the issuing of enforcement notices where fines have not been paid or instalment payment arrangements have not been maintained. Therefore all fines  outstanding / in default imposed since January 2016 must become subject to the section 7 procedure.  Section 7 provides for a notification procedure  specifying a return date for the appearance of a fined person before the District Court. The section provides alternative options to imprisonment that are available to the court – imposition of attachment of earnings, debt recovery, community service orders or imprisonment.

The Courts Service commenced a pilot implementation of the section 7 enforcement process with the first batch of  enforcement notices issuing in July 2017 for court return dates in September 2017.  Procedural issues arose in respect of the section 7 process in the course of the Pilot, and  notices ceased issuing from Courts Service in September 2017, pending a review.  Issues arising were addressed by all relevant State Agencies, including the Courts Service and An Garda Siochana, and the Courts Service resumed issuing  enforcement notices in January 2018.  The resumed hearings have commenced with effect from last month, and a strategy is in place with a view to clearing all outstanding hearings during the course of 2019.  I have asked my Department to closely monitor the position with a view to ensuring a comprehensive response to the problem of accumulated unpaid fines.

Year

No. of unpaid Fines

Value of unpaid Fines

No. of  unpaid Fines for Burglary

Value of unpaid Fines for Burglary

% of fines imposed for Burglary which are unpaid

Jan – Dec 2017

45,720

€15,533,183.30

144

€38,150.50

32%

 

Fines Data

Ceisteanna (545)

Jim O'Callaghan

Ceist:

545. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount of unpaid court imposed fines in 2016; the percentage of these that were imposed for burglary offences; and if he will make a statement on the matter. [15717/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of information on the courts system, is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the table below sets out the information sought in relation to the amount  of unpaid court imposed fines in 2016 and the percentage of those fines that were imposed for burglary offences.

The Fines (Payment and Recovery) Act 2014  provides for alternatives to imprisonment for non-payment of fines.  Section 7 provides for the issuing of enforcement notices where fines have not been paid or instalment payment arrangements have not been maintained. Therefore all fines  outstanding / in default imposed since January 2016 must become subject to the section 7 procedure.  Section 7 is essentially a notification procedure specifying a return date for appearance of the fined person before the District Court. The section provides alternative options to imprisonment that are available to the court – imposition of attachment of earnings, debt recovery, community service orders or imprisonment.

The  Courts Service commenced a pilot implementation of the section 7 enforcement process and the first batch of  enforcement notices issued in July 2017 for court return dates in September 2017.  Procedural issues arose in respect of the section 7 process in the course of the Pilot, and notices ceased issuing from the Courts Service in September 2017, pending a review.  Issues arising were addressed by all relevant State Agencies, including the Courts Service and An Garda Siochana, and the Courts Service resumed issuing  enforcement notices in January 2018.  The resumed hearings have commenced with effect from last month, and a strategy is in place with a view to clearing all outstanding hearings during the course of 2019.  I have asked my Department to closely monitor the position with a view to ensuring a comprehensive response to the problem of accumulated unpaid fines.

Year

No of unpaid Fines

Value of unpaid Fines

No of  unpaid Fines for Burglary

Value of unpaid Fines for Burglary

%  of fines imposed for Burglary which are unpaid

Jan – Dec 2016

38,848

€13,933,381.37

168

€36,296.50

44%

Extradition Arrangements

Ceisteanna (546)

Thomas P. Broughan

Ceist:

546. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has been involved in recent European Union, EU, discussions on the process of extradition of persons alleged to have committed serious crimes in an EU country and in which a Europol warrant may be served across EU countries; and if he will make a statement on the matter. [15750/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that Europol has no function in the matter of issuing warrants for extradition.

The European Arrest Warrant already provides a legal basis for the surrender of persons between EU States seeking individuals for prosecution or the service of prison sentences, including those who are suspected of, or who have committed, serious offences.

The legislative basis for the European Arrest Warrant in this State is the European Arrest Warrant Act, 2003, as amended.

The Deputy may be referring to the Schengen Information System (SIS II), which is an EU information system for creating alerts and sharing data on persons or objects of interest with the purpose of combating serious crime and terrorism. Alerts can be added to SIS II in relation to individuals subject to a European Arrest Warrant. These alerts are then visible to all EU states participating in the measure. Law enforcement agencies who encounter an individual subject to such an alert are empowered to arrest the subject as appropriate. The SIS is in operation in 30 European countries, including 26 EU Member States (only Ireland and Cyprus are not yet connected to SIS) and 4 Schengen Associated Countries (Switzerland, Norway, Liechtenstein and Iceland).

Ireland opted into SIS II in 2002, however, implementation was delayed until 2016 due to resource constraints. Ireland’s SIS II implementation project plan, consisting of four phases, is currently on target and aims for deployment readiness to be achieved in the second quarter of 2019.

Fines Data

Ceisteanna (547)

Peter Burke

Ceist:

547. Deputy Peter Burke asked the Minister for Justice and Equality the monetary value of the outstanding court fines owed to the Exchequer for the past five years in each court district; and if he will make a statement on the matter. [15782/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, and this includes the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have made enquiries with the Courts Service and they have provided the figures requested by the Deputy which I am including by way of tabular statement below.  

By way of background information I advise that the Fines (Payment and Recovery) Act 2014  provides for alternatives to imprisonment for non-payment of fines.  Section 7 provides for the issuing of enforcement notices where fines have not been paid or instalment payment arrangements have not been maintained. Therefore all fines  outstanding / in default imposed since January 2016 must become subject to the section 7 procedure.  Section 7 is essentially a notification procedure specifying a return date for appearance of the fined person before the District Court. The section provides alternative options to imprisonment that are available to the court – imposition of attachment of earnings, debt recovery, community service orders or imprisonment.

The  Courts Service commenced a pilot implementation of the section 7 enforcement process and the first batch of  enforcement notices issued in July 2017 for court return dates in September 2017.  Procedural issues arose in respect of the section 7 process in the course of the Pilot, and notices ceased issuing from the Courts Service in September 2017, pending a review.  Issues arising were addressed by all relevant State Agencies, including the Courts Service and An Garda Siochana, and the Courts Service resumed issuing  enforcement notices in January 2018.  The resumed hearings have commenced with effect from last month, and a strategy is in place with a view to clearing all outstanding hearings during the course of 2019.  I have asked my Department to closely monitor the position with a view to ensuring a comprehensive response to the problem of accumulated unpaid fines.

Report on the number and value of fines outstanding from 2013 – 31 March 2018:

Note: Report is based on fines imposed each year and the amount due or part due up to date.

 District  

No of Fines 2013 

Value of Fines   2013

No of Fines 2014 

Value of Fines   2014

No of Fines 2015 

Value of Fines  2015

DISTRICT NO. 1

185

€52,872.33

172

€112,307.00

279

€150,524.80

DISTRICT NO. 2

94

€22,855.00

80

€33,252.78

111

€55,542.00

DISTRICT NO. 3

69

€21,085.00

72

€21,940.00

141

€70,451.00

DISTRICT NO. 4

346

€108,930.70

388

€149,190.00

643

€219,356.00

DISTRICT NO. 5

122

€63,836.23

171

€97,804.77

225

€105,978.64

DISTRICT NO. 6

165

€65,540.50

191

€85,847.00

197

€103,174.00

DISTRICT NO. 7

127

€61,552.00

218

€79,187.70

426

€206,475.00

DISTRICT NO. 8

224

€52,840.90

267

€68,573.50

572

€133,385.00

DISTRICT NO. 9

239

€83,625.00

293

€118,793.00

524

€171,453.20

DISTRICT NO. 10

106

€76,286.10

101

€47,094.47

207

€85,712.00

DISTRICT NO. 12

343

€103,030.00

296

€96,208.00

310

€124,405.00

DISTRICT NO. 13

767

€187,417.46

704

€236,032.71

1,353

€421,571.23

DISTRICT NO. 15

227

€55,580.00

317

€78,987.00

527

€162,397.80

DISTRICT NO. 16

170

€58,454.09

206

€76,730.89

274

€88,685.15

DISTRICT NO. 17

338

€98,268.00

389

€79,433.00

744

€221,015.00

DISTRICT NO. 18

84

€19,136.00

102

€23,923.00

118

€36,166.00

DISTRICT NO. 19

791

€209,013.00

682

€184,587.50

1,097

€305,580.41

DISTRICT NO. 20

163

€46,028.00

150

€48,323.00

293

€101,735.00

DISTRICT NO. 21

292

€108,882.00

290

€77,383.39

426

€164,575.00

DISTRICT NO. 22

198

€67,208.64

231

€95,380.46

750

€338,684.96

DISTRICT NO. 23

176

€55,026.67

223

€94,466.17

486

€202,467.49

DISTRICT NO. 24

88

€42,974.40

79

€24,650.00

106

€31,270.00

DISTRICT NO. 25

340

€154,888.50

437

€188,762.36

667

€264,492.90

DMD

2,833

€887,691.67

3,758

€1,350,471.65

4,713

€2,024,755.88

Total

8,487

€2,703,022.19

9,817

€3,469,329.35

15,189

€5,789,853.46

District  

No of Fines  2016

Value of Fines 2016  

No of Fines 2017  

Value of Fines 2017  

No of Fines Jan - Mar 2018 

Value of Fines Jan - Mar 2018  

DISTRICT NO. 1

426

€160,067.91

578

€238,785.68

283

€86,219.07

DISTRICT NO. 2

463

€135,028.45

576

€138,846.70

283

€63,602.00

DISTRICT NO. 3

303

€114,404.50

397

€144,954.35

158

€63,798.50

DISTRICT NO. 4

1,185

€348,979.04

1,137

€348,112.88

508

€135,096.17

DISTRICT NO. 5

742

€242,877.63

920

€301,062.07

425

€160,964.10

DISTRICT NO. 6

1,071

€338,481.92

1,154

€476,197.32

268

€98,675.36

DISTRICT NO. 7

1,771

€558,519.00

1,817

€585,806.35

704

€213,082.75

DISTRICT NO. 8

913

€195,653.00

1,062

€252,189.25

356

€74,558.81

DISTRICT NO. 9

1,682

€499,891.81

1,720

€474,705.65

563

€163,209.13

DISTRICT NO. 10

685

€291,096.22

908

€499,143.60

440

€243,601.13

DISTRICT NO. 12

1,009

€379,977.27

1,014

€424,453.72

426

€154,213.50

DISTRICT NO. 13

3,295

€922,345.74

3,968

€1,164,921.28

1,371

€390,874.01

DISTRICT NO. 15

1,072

€281,258.00

1,382

€360,700.50

635

€136,648.00

DISTRICT NO. 16

782

€234,369.05

802

€232,490.33

353

€118,175.65

DISTRICT NO. 17

1,279

€297,709.50

1,353

€398,023.56

658

€144,113.25

DISTRICT NO. 18

282

€79,871.64

717

€194,331.94

250

€75,601.25

DISTRICT NO. 19

3,667

€1,045,890.00

4,336

€1,047,569.58

1,360

€321,084.17

DISTRICT NO. 20

1,203

€411,789.71

1,285

€381,650.99

460

€129,042.50

DISTRICT NO. 21

784

€271,156.00

1,012

€340,168.93

338

€122,206.46

DISTRICT NO. 22

1,730

€610,645.96

1,818

€691,637.86

719

€249,844.88

DISTRICT NO. 23

1,116

€424,092.02

1,442

€466,812.33

424

€100,843.00

DISTRICT NO. 24

376

€96,936.50

499

€133,843.50

140

€36,440.00

DISTRICT NO. 25

1,508

€534,627.86

2,101

€678,104.50

848

€297,968.38

DMD

11,433

€5,418,188.14

13,497

€5,493,169.49

3,945

€1,503,710.54

Total

38,777

€13,893,856.87

45,495

€15,467,682.36

15,915

€5,083,572.61

Data Protection

Ceisteanna (548)

Jim O'Callaghan

Ceist:

548. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if it was a decision by the drafters of the Data Protection Bill 2018 not to specifically refer to closed-circuit television, CCTV, and data protection impact assessments; the reason not to specifically legislate for two issues; and if he will make a statement on the matter. [15786/18]

Amharc ar fhreagra

Freagraí scríofa

The general position is that the Data Protection Acts 1988 and 2003 apply to personal images recorded by means of video cameras except where the recording activity relates to an individual's own personal, family or recreational activities. The recording of images in public places by means of CCTV systems is, therefore, a form of personal data processing that is covered by general data protection rules and safeguards. That will continue to be the case under the General Data Protection Regulation (GDPR), which will enter into effect on 25 May next. The GDPR does not make specific provision for Member States to give any further effect to rules and standards applicable to CCTV systems in their national laws. For this reason, Part 3 of the Data Protection Bill 2018, which gives further effect to the GDPR in certain areas, does not make any such provision. The same applies to Part 5 of the Bill, which transposes the law enforcement Directive into national law.

With regard data protection impact assessments, the position is that Article 35 of the GDPR provides for the carrying out of impact assessments where processing of personal data is likely to result in a high risk for the rights and freedoms of individuals. It provides, in particular, that such impact assessments must be carried out in cases of systematic monitoring of publicly accessible areas. This GDPR obligation is directly applicable on controllers and processors concerned and there is no requirement for national laws to give effect to it. However, paragraph 4 of Article 35 provides that the data protection authorities of the Member States shall prepare and publish a list of the kind of processing operations that are subject to the requirement for a data protection impact assessment.

Article 27 of the law enforcement Directive also makes provision for the carrying out of data protection impact assessments by competent authorities where a type of data processing, including the use of new technologies, is likely to result in a high risk for the rights and freedoms of individuals. This obligation, which is not directly applicable, is given effect in section 81 of the Bill. Section 81(9) provides that the Data Protection Commission established under Part 2 of the Bill may, following consultation with the Minister, prescribe types of processing in respect of which impact assessments must be carried out. Prior to making any such regulations, the Commission will be required to publish its draft proposals and to consider any submissions it receives in relation to them.

I look forward to engaging in further discussions with The Deputy when the Data Protection Bill comes before the Dáil.

National Awards Scheme

Ceisteanna (549)

Tony McLoughlin

Ceist:

549. Deputy Tony McLoughlin asked the Minister for Justice and Equality if special consideration can be given to awarding a person (details supplied) with a national bravery award for their swift actions on 17 December 2017 at the Moy river in Ballina, County Mayo; and if he will make a statement on the matter. [15822/18]

Amharc ar fhreagra

Freagraí scríofa

The Deeds of Bravery Council (Comhairle na Míre Gaile) was convened under the Deeds of Bravery Act 1947 and makes awards to members of the public who have performed Acts of Bravery. To merit consideration by the Comhairle, a deed of bravery is deemed as ‘an effort to save human life involving personal risk’.

The Comhairle, comprising of the Ceann Comhairle, (Chairperson), Cathaoirleach of Seanad Éireann, Chairman of the Central Council of the Irish Red Cross, Lord Mayor of Dublin, Lord Mayor of Cork, Chairman of the General Council of County Councils and the Commissioner of an Garda Síochána meet once a year, usually in July to assess nominations.

Staff from my Department provide secretariat support to the Comhairle, which is entirely independent in the consideration of nominations under the awards scheme. As Minister, I have no role in the process.

To be of assistance, I can confirm that a nomination for a Deed of Bravery was received in this case on 14 February 2018. The secretariat has sought relevant supporting documentation from the nominator, to assist the Comhairle in reaching a decision on the application.

Passport Services

Ceisteanna (550)

Marc MacSharry

Ceist:

550. Deputy Marc MacSharry asked the Minister for Justice and Equality if a passport scheme exits whereby a person making a very substantial investment here by way of an enterprise or community project is granted an Irish passport in return for said investment; if such a scheme exists, the qualification criterion for the scheme; the number which availed of such a scheme; the investment projects which were the subject of such a scheme; and if he will make a statement on the matter. [15841/18]

Amharc ar fhreagra

Freagraí scríofa

My Department does not operate a scheme for the grant of an Irish passport as outlined by the Deputy.  The issue of an Irish passport is a matter for the Department of Foreign Affairs and Trade and is contingent on the person being an Irish citizen.

The granting of Irish citizenship is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation if satisfied that the applicant satisfies the statutory conditions for naturalisation as set out.  These statutory conditions include good character and residence conditions. The residence conditions are that an applicant must have one year of continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, have a further four years residence (5 years in total).

All applications for a certificate of naturalisation are considered on their own merits and in accordance with the provisions of the Act.  There is no provision for a grant of citizenship under the circumstances as outlined by the Deputy.

It is open to any individual, including an investor to the Immigrant Investor Programme (IIP), to lodge an application for citizenship if and when they are in a position to meet the statutory conditions as prescribed in the Act.  Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. 

In relation to foreign direct investment into Ireland, the Government agreed to the introduction of the Immigrant Investor Programme (IIP) in 2012, which provides non-EEA investors with the opportunity to invest in the State. Successful applicants are granted "Stamp 4" immigration permission for themselves and their family members (nuclear family only) for an initial 2-year period and this is renewed thereafter for 3 years and then 5 years continuous, subject to normal visa and security checks.  Successful applicants to the IIP are however only required to spend one 24-hour period in a calendar year in the State - on that basis many would never meet the statutory residence requirements for naturalisation.

Prison Service Data

Ceisteanna (551)

Robert Troy

Ceist:

551. Deputy Robert Troy asked the Minister for Justice and Equality the daily regime which is currently undertaken by detainees in the prison system. [15844/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Prison Service that it provides a wide range of rehabilitative programmes to persons in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes  offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release.  These programmes are available in all prisons and all persons in custody are eligible to use the services, subject to operational constraints. 

It is the aim of the Prison Service to allow prisoners to spend as much time as possible each day out of their cell or room to associate with other prisoners. Rule 27(3) of the Prison Rules 2007 states "In so far as is practicable, each convicted prisoner should be engaged in authorised structured activity for a period of not less than five hours on each of five days in each week".

In general prison cells are unlocked at approximately 8.15am each morning for breakfast. Prisoners collect breakfast and return to cells, which are then locked from 8.45am to 9.15am. Cells are again unlocked for prisoners to attend work, school , visits and exercise.  Prisoners return for lunch at 12:00pm and cells are locked at 12.30pm. Afternoon unlock commences at 2.15pm and prisoners return to structured activities in schools, workshops and visits. Evening tea is served from 4pm and cells are locked from 4.30pm to 5.20pm when evening recreation commences until all cells are locked at 7.30pm. This allows for total out cell time of up to 8 hours.

Garda Data

Ceisteanna (552)

Thomas P. Broughan

Ceist:

552. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on the reported serious deficiency in the numbers of trained forensic collision investigators in An Garda Síochána; the actual numbers of forensic collision investigators for each year since 2012; the steps he is taking to bring this critical section of An Garda Síochána up to full operational strength; and if he will make a statement on the matter. [15889/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I have requested the specific information sought by the Deputy from the Commissioner and I will write to him directly on receipt of same.

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