Tuesday, 1 May 2018

Written Answers Nos. 192-205

Legislative Process

Ceisteanna (192)

Catherine Murphy

Ceist:

192. Deputy Catherine Murphy asked the Minister for Justice and Equality the status of the report arising from the pre-legislative scrutiny on the communications (retention of data) Bill 2017 that proposes to significantly change the Communications (Retention of Data) Act 2011; the progress he has made on considering the report's recommendations in view of the fact that a case (details supplied) is still before the courts; and if he will make a statement on the matter. [18994/18]

Freagraí scríofa

Minister for Justice and Equality

The report of the Oireachtas Joint Committee on Justice and Equality on pre-legislative scrutiny of the General Scheme of the Communications (Retention of Data) Bill 2017 was received in my private office on 5 February last.

I am considering the recommendations of the Joint Committee to see whether changes are required to be made to the Bill, which is currently with the Office of the Parliamentary Counsel for drafting, with a view to publication once drafting has been completed.

It would not be appropriate for me to comment on a case before the courts.

Garda Deployment

Ceisteanna (193)

Jim O'Callaghan

Ceist:

193. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of gardaí assigned to each Garda station in each division within the Dublin metropolitan region in 2017 and to date in 2018; and if he will make a statement on the matter. [19017/18]

Freagraí scríofa

Minister for Justice and Equality

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

I am informed by the Commissioner that the Garda strength of the Dublin Metropolitan (DMR) Divisions on 31 March 2018, the latest date for which figures are available, was 3,443 with 165 Garda Reserves and 264 Garda civilian staff attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 831 or 46% have been assigned to the D.M.R. Divisions. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - an increase of over 600 since the end of 2016.

I am pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College; some 400 of whom have already done so. In total, 800 Garda trainees are scheduled to attest during the year, some 200 of whom attested last month. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of this year.

In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Garda Division, including the DMR Divisions.

The information requested by the Deputy in relation to the number of Gardaí assigned to each Garda Station in the DMR in 2017 and on 31 March 2018, that latest date for which figures are currently available, is as set out in the following tables.

DMR EAST 31 DECEMBER 2017 & 31 MARCH 2018
DISTRICT	STATION	2017 TOTAL	2018 TOTAL
BLACKROCK	BLACKROCK	92	91
	DUNDRUM	87	82
	TOTAL	179	173
DÚN LAOGHAIRE	CABINTEELY	29	28
	DÚN LAOGHAIRE	113	114
	SHANKILL	57	57
	TOTAL	199	199
DMR EAST TOTAL		378	372

DMR NORTH 31 DEC. 2017 & 31 MARCH 2018
DISTRICT	STATION	2017 TOTAL	2018 TOTAL
BALBRIGGAN	BALBRIGGAN	75	75
	GARRISTOWN	1	1
	LUSK	9	10
	SKERRIES	8	8
	TOTAL	93	94
BALLYMUN	BALLYMUN	113	109
	DUBLIN AIRPORT	22	22
	SANTRY	76	81
	TOTAL	211	212
COOLOCK	COOLOCK	103	102
	MALAHIDE	31	31
	SWORDS	68	68
	TOTAL	202	201
RAHENY	CLONTARF	69	67
	HOWTH	26	26
	RAHENY	68	65
	TOTAL	163	158
DMR NORTH TOTAL		669	665

DMR NORTH CENTRAL 31 DEC. 2017 & 31 MARCH 2018
DISTRICT	STATION	2017 TOTAL	2018 TOTAL
BRIDEWELL	BRIDEWELL	162	165
FITZGIBBON STREET	MOUNTJOY	191	190
STORE STREET	IMMIGRATION D/DOCKS	3	3
	STORE STREET	255	255
	TOTAL	258	258
DMR NTH CENTRAL TOTAL		611	613

DMR SOUTH 31 DEC. 2017 & 31 MARCH 2018
DISTRICT	STATION	2017 TOTAL	2018 TOTAL
CRUMLIN	CRUMLIN	101	101
	SUNDRIVE ROAD	59	57
	TOTAL	160	158
TALLAGHT	RATHFARNHAM	58	56
	TALLAGHT	181	176
	TOTAL	239	232
TERENURE	RATHMINES	56	56
	TERENURE	77	74
	TOTAL	133	130
DMR Sth. TOTAL		532	520

DMR SOUTH CENTRAL 31 DEC. 2017 & 31 MARCH 2018
DISTRICT	STATION	2017 TOTAL	2018 TOTAL
DONNYBROOK	DONNYBROOK	109	109
	IRISHTOWN	50	48
	TOTAL	159	157
KEVIN STREET	KEVIN STREET	104	101
	KILMAINHAM	67	64
	TOTAL	171	165
PEARSE STREET	PEARSE STREET	292	288
DMR SOUTH CENTRAL TOTAL		622	610

DMR WEST 31 DECEMBER 2017 & 31 MARCH 2018
DISTRICT	STATION	2017 TOTAL	2018 TOTAL
BLANCHARDSTOWN	BLANCHARDSTOWN	163	161
	CABRA	59	59
	FINGLAS	99	97
	TOTAL	321	317
CLONDALKIN	BALLYFERMOT	83	82
	CLONDALKIN	97	92
	RATHCOOLE	14	14
	TOTAL	194	188
LUCAN	LUCAN	70	69
	RONANSTOWN	87	89
	TOTAL	157	158
DMR WEST TOTAL		672	663

Prison Service Staff

Ceisteanna (194)

Thomas Byrne

Ceist:

194. Deputy Thomas Byrne asked the Minister for Justice and Equality when a person (details suppled) will be called for an appeal hearing. [18997/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Director General of the Irish Prison Service that the Officer referred to by the Deputy has had a number of sick leave absences recognised as related to incidents at work under the terms of circulars 1/82 and 6/97: Sick leave arising from Occupational Injuries or Disease. He has also received payment of Additional Hours and Allowances for those absences.

The Director General has further advised that the Human Resources Directorate of the Irish Prison Service is not aware of any ongoing appeal process involving this Officer.

Appointments to State Boards

Ceisteanna (195)

Thomas Byrne

Ceist:

195. Deputy Thomas Byrne asked the Minister for Justice and Equality if there are board vacancies in respect of the criminal injuries compensation tribunal; if so, when they will be filled; if he is satisfied regarding the general operations of the tribunal; and if he will make a statement on the matter. [19022/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy may be aware, the Tribunal is comprised of a Chairperson and six Ordinary Members who are practising barristers or solicitors. They provide their services on a part-time basis to the Tribunal. There are currently no vacancies to be filled on the Criminal Injuries Compensation Tribunal. I am satisfied that the Tribunal is fulfilling its functions under the Scheme.

Jury Service

Ceisteanna (196)

Ruth Coppinger

Ceist:

196. Deputy Ruth Coppinger asked the Minister for Justice and Equality if travel expenses for jurors will be introduced; and if he will make a statement on the matter. [19038/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that Jury Service in Ireland is given its legislative position under the Juries Act 1976. Section 29 of the Act provides that when an employee or apprentice who is absent from his or her place of work in order to comply with a jury summons, this absence is to be treated as if the person was at work. The Act makes no provision in relation to travel expenses.

The Law Reform Commission’s 2013 Report on Jury Service [LRC 107 – 2013] contains 56 recommendations and covers a broad range of issues relating to jury service such as eligibility for jury service, the categories of persons excusable as of right, the circumstances surrounding disqualifications from jury service as well as juror compensation and expenses.

I am pleased to inform the Deputy that a Working Group has recently been formed to examine the findings of the Report on Jury Service including its recommendations in respect of juror compensation and expenses and the draft Bill provided with that Report.

Question No. 197 answered with Question No. 189.

Bench Warrants

Ceisteanna (198)

Noel Grealish

Ceist:

198. Deputy Noel Grealish asked the Minister for Justice and Equality the number of bench warrants issued in 2016 and 2017; the number outstanding in this regard; and if he will make a statement on the matter. [19065/18]

Freagraí scríofa

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the matters referred to by the Deputy and I will contact him directly when the report is to hand.

Programme for Government

Ceisteanna (199)

Micheál Martin

Ceist:

199. Deputy Micheál Martin asked the Minister for Justice and Equality the status of the programme for partnership Government commitment on the introduction of mandatory sentencing for robbery with violence in the home. [18811/18]

Freagraí scríofa

Minister for Justice and Equality

The Programme for a Partnership Government states that the Government will ask the relevant Oireachtas committee to consider the introduction of mandatory sentencing for robbery, with violence, in the home.

In March 2017, the then Minister for Justice and Equality wrote to the Chair of the Joint Committee on Justice and Equality, inviting the Committee to consider whether the law in this area could be appropriately strengthened by the introduction of mandatory sentencing, taking into account the arguments for and against mandatory sentencing. My officials and I will continue to engage with the Committee on this issue.

The Deputy will be aware that the Court of Appeal has recently set down sentencing guidelines for burglary and robbery and I strongly welcome this development.

Workplace Relations Commission

Ceisteanna (200, 201)

Mick Barry

Ceist:

200. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation the number of Workplace Relations Commission fishing boat inspections that took place from 1 September to 31 December 2017. [18648/18]

Mick Barry

Ceist:

201. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation the number of Workplace Relations Commission fishing boat inspections that took place from 1 January to 31 March 2018. [18649/18]

Freagraí scríofa

Minister of State at the Department of Business, Enterprise and Innovation

I propose to take Questions Nos. 200 and 201 together.

I would draw the deputy’s attention to the fact that lead policy responsibility for the fishing sector resides with the Minister for Agriculture, Food and the Marine. However, as part of the multi-agency approach to dealing with issues in the fishing sector, the Workplace Relations Commission (WRC) undertakes workplace inspections in that sector for compliance with employment law.

Since the introduction in February 2016 of an Atypical Worker Permission Scheme for Non-EEA fishers engaged on whitefish vessels over 15 metres in length, 281 inspections have been undertaken by the WRC.

In the specific periods that the deputy is enquiring about, from 1 September 2017 to 31 December 2017, 15 inspections were conducted and from 1 January 2018 to 31 March 2018, 37 inspections were carried out by the WRC.

Details of inspections by month in the period from June 2016 to date in April 2018 are set out in the following table:

Month	2016	2017	2018
Jan		0	5
Feb		1	0
Mar		65	32
Apr		9	5*
May		2	-
June	5	1	-
July	23	0	-
Aug	17	4	-
Sept	25	14	-
Oct	42	0	-
Nov	15	1	-
Dec	15	0	-
Total	142	97	42

* To 23 April 2018

Foreign Direct Investment

Ceisteanna (202)

Micheál Martin

Ceist:

202. Deputy Micheál Martin asked the Minister for Business, Enterprise and Innovation if she or her officials have recently met to discuss the implications for foreign direct investment here due to the most recent changes made to tax legislation in the United States of America. [19086/18]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

My Department and I are aware of the U.S. Tax reform legislation that was enacted shortly before Christmas. This is the most substantial change to the US tax code in 30 years. These reforms include a reduction in the US corporate tax rate and a move to a territorial system.

It is important that we continuously monitor the situation as companies and Governments around the world analyse the implications that may arise from what are complex changes. It is not possible to say at the moment what, if any, the impact might be for Ireland. My officials and I, as well as the IDA, remain in regular contact with companies and with colleagues across Government as the international taxation environment evolves.

Ireland’s corporation tax regime will continue to be competitive while also offering long-term certainty to international business. Our regime is underpinned by substance. Enterprise 2025 Renewed reaffirms our focus on export-led growth that is underpinned by innovation, talent and investments in place-making. We cannot predict the future, but we are taking action to deepen resilience across our enterprise base. We will continue as a country to be anticipatory and adaptive to global challenges.

Our Corporation Tax regime, whilst important, is only one element of Ireland’s value proposition for FDI. Business location decisions are informed by a range of factors. Access to the EU market is, and will remain, a key factor in attracting FDI from the US and elsewhere. Other key factors involved in attracting and maintaining FDI here include:

- Talent: we have a talented workforce that is hardworking, flexible and adaptable to change and a first-class education system that helps nurture the future talent required.

- Innovation: we have developed leading edge capabilities in R&D, have a supportive regime for innovation and continuously work with enterprises to gain more investment in high value added research, development and innovation activities.

- We have a proven track record of delivery for enterprise and it is easy to do business here.

- We are English speaking yet can service over 140 languages from Ireland which greatly assists ICT and Financial Services companies in particular.

- Through Project Ireland 2040, the National Planning Framework and National Development Plan, we will focus coordinated investments to ensure that we offer a range of compelling, dynamic and competitive locations for investment throughout Ireland.

I will remain alert and responsive to any changes in the US or global tax environment working with colleagues across Government.

Residency Permits

Ceisteanna (203)

Thomas Byrne

Ceist:

203. Deputy Thomas Byrne asked the Minister for Business, Enterprise and Innovation the position regarding the dependant partner (details supplied) of an Irish citizen in circumstances in which the Irish citizen's partner wishes to return here for a temporary period; and if, in those circumstances, the dependant partner can work here. [18556/18]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

Matters relating to the presence in the State of foreign nationals who are the partners of Irish citizens are a matter for my colleague, the Minister for Justice and Equality. I have been informed that the partner of an Irish citizen may be granted a Stamp 4 residence permission, if they meet the qualifying criteria for the De Facto Partner Immigration Permission (DFPIP) scheme which is administered by the Irish Naturalisation and Immigration Service of the Department of Justice and Equality.

This Stamp 4 permission is granted for one year and allows the applicant to reside and work in the State without the need to seek an employment permit or a business permission.

To qualify for the de facto partner scheme, the applicant and their Irish partner must be living together and they will need to provide evidence of at least two year’s cohabitation immediately prior to the date of their application.

If the foreign national partner does not qualify for the DFPIP scheme, it is open to them to make an application for an employment permit if they have a qualifying job offer.

Competition and Consumer Protection Commission Reports

Ceisteanna (204)

Michael McGrath

Ceist:

204. Deputy Michael McGrath asked the Minister for Business, Enterprise and Innovation her views on recent reports on personal contract plans by the Central Bank and the Competition and Consumer Protection Commission; the steps she has taken to date; her plans in this regard; and if she will make a statement on the matter. [18660/18]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

The Report by the Competition and Consumer Protection Commission (CCPC) into the personal contract plan car finance market (PCPs) was the first comprehensive study of the PCP market in the state. I am also aware that the Central Bank published an Economic Letter “An overview of the Irish PCP market” in recent weeks.

The CCPC’s report made a number of recommendations, including to the Department of Finance and the Central Bank. These include a call for PCP agreements to be brought within the scope of the Central Bank’s Consumer Protection Code, thus mirroring the protections afforded to consumers when they take out other forms of credit.

Under the current regulatory framework, those arranging PCP products are not required to check the affordability or suitability of the consumer before selling them a PCP product. This contrasts with the requirements placed upon finance providers when selling other financial products, for example when a consumer takes out a loan to buy a car. While the majority of the financial institutions that offer PCP finance are already regulated by the Central Bank, the Central Bank’s Consumer Protection Code does not currently apply to hire purchase (HP) products or variants thereof such as PCPs.

I understand that the Central Bank publishes car finance data, which contains information on PCP contract numbers and PCP lending amounts. This data is contained in Table A.19 of the Credit and Banking Statistics. Data is currently available for the period between 2012 and December 2017 and I understand that the Central Bank is currently developing a regular publication and reporting of this which will begin in Q3 2018.

I am aware that the recommendations set out in the CCPC’s report are currently under consideration by the Department of Finance and the Central Bank.

A credit intermediary can arrange or offer to arrange a PCP for a consumer. The CCPC is responsible, under the Consumer Credit Act 1995, for the authorisation of credit intermediaries, who arrange financial accommodations for consumers to fund the purchase of goods such as cars, electronics or “white goods”. The CCPC licenses credit intermediaries and keeps an online register of credit intermediaries holding a valid authorisation. The CCPC also deals with complaints about the advertising of credit agreements. However, the CCPC’s remit, derived from the Consumer Credit Act 1995, is limited to this licensing role, as opposed to a more complex and robust supervisory or regulatory role for PCPs.

My Department will give careful consideration to the recommendations and findings in both reports and will continue to engage with officials from the Department of Finance in this regard.

Work Permits Data

Ceisteanna (205)

Donnchadh Ó Laoghaire

Ceist:

205. Deputy Donnchadh Ó Laoghaire asked the Minister for Business, Enterprise and Innovation the number of applications for employment permits submitted by asylum seekers in the past month; and the number of successful applications. [18839/18]

Freagraí scríofa

Minister for Business, Enterprise and Innovation

From February 9th 2018, when section 16(3)(b) International Protection Act 2015 was struck down by the Supreme Court, until the date of entry into force of the EU (recast) Reception Conditions Directive, any eligible international protection applicants can access the employment permit system on the same basis as other non-EEA nationals. The opt-in process, involving formal discussions with the European Commission to ensure compliance with each aspect of the Directive, is expected to take four months to complete. The interim arrangements for the short period prior to the opt-in enables those seeking international protection to access the labour market through the Employment Permit Acts.

The Employment Permits Section of my Department inform me that one application for an employment permit has been received from an International Protection applicant and it is currently being processed.

The Department of Justice and Equality advise that on 9th February 2018 it established a self-employment scheme for those who have sought International Protection in Ireland that are waiting more than nine months for a first instance decision on their application.

As of the morning of 27th April 2018, the Department of Justice and Equality had received 541 applications for self-employment and 368 of those applications had been granted.