Written Answers Nos. 181-195
181. Deputy Sean Sherlock asked the Minister for Education and Skills the Minister of State in his Department who has responsibility for the school bus transport system; and the designated orders that have been made to reflect that allocation of ministerial responsibility. [20172/18]
Amharc ar fhreagraJohn Halligan T.D. was appointed as Minister of State with responsibility for Training, Skills, Innovation and Research and Development on the 14th June, 2017.
A delegation order, S.I. No. 333/2017 - Education and Skills (Delegation of Ministerial Functions) Order 2017 - John Halligan, Minister of State at the Department of Education and Skills, was made on the 18th July 2017 and is in the following link. Minister of State Halligan's portfolio includes school transport and this is reflected in the Delegation Order.
182. Deputy Sean Sherlock asked the Minister for Education and Skills the position regarding a school building (details supplied) in County Kildare; if the site is now in the ownership of his Department; and when construction will commence. [20173/18]
Amharc ar fhreagraThe major building project referred to by the Deputy is at an advanced stage of architectural planning Stage 2b (Detailed Design), which includes the application for statutory approvals and the preparation of tender documents. All statutory approvals have been secured.
My Department recently completed the review of the Stage 2b submission for this project and comments have issued. Each member of the design team has been requested to submit written confirmations that they have completed a final review and are satisfied that the tender documentation is fully compliant with the Department's Technical Guidance Documents, Building Control (Amendment) regulations and new Public Works Contract (PWC) tender documentation requirements.
Upon receipt of the requested confirmations and providing no other issues arise it is currently projected that this project will then be authorised to complete pre-qualification of contractors. Pre-qualification normally takes between 8 and 12 weeks to complete.
Regarding the site, my Department is currently progressing the conveyancing process in consultation with the Chief State Solicitor’s Office.
At this point it is not anticipated that the completion of conveyancing will impact upon the timelines for the delivery of the building project.
183. Deputy David Cullinane asked the Minister for Justice and Equality the status of the religious volunteer visa programme; the changes that may have been made to the programme; the changes that may be made to the programme in the future; and if he will make a statement on the matter. [19887/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Religious bodies may participate in the Volunteering in Ireland scheme which is open to all non-EEA nationals. The scheme was temporarily suspended at the end of 2017, pending the introduction of a new preclearance procedure. The new scheme, Volunteering in Ireland, became operational on the 30 April 2018.
The new preclearance procedure applies to both visa and non-visa required nationals who are seeking to remain in Ireland for periods greater than 90 days as a volunteer. Prior to arrival in the State, applicants must have applied for, and been granted, preclearance approval by INIS. The criteria for obtaining this permission are outlined in the policy document for the scheme, available on the INIS website.
As outlined in the policy document, the Volunteering in Ireland scheme will be reviewed after three years of operation.
184. Deputy Eoin Ó Broin asked the Minister for Justice and Equality when he plans to commence the review of the legal protection offered to complainants in sexual assault cases announced in April 2018; and if an opportunity for persons and families affected by sexual assault and rape to provide an input into the review will be ensured. [19627/18]
Amharc ar fhreagraVictims have an important voice in any consideration of the judicial process, and this is particularly the case with vulnerable victims like children and those who have experienced sexual violence. I am very conscious that the judicial process should not be a source of further trauma to anyone involved, with respect to both the rights of victims and accused persons.
Much work has already been done to protect complainants in sexual offence cases from any additional trauma arising from the criminal process. An Garda Síochána have begun a programme of establishing Divisional Protective Services Offices with specially trained staff to investigate these difficult crimes. The Criminal Justice (Victims of Crime) Act 2017 has also significantly enhanced protections for victims of crime, including victims of sexual offences. The Deputy will also be aware that complainants in sexual offence cases can currently access legal advice in certain limited circumstances. This is given effect through the Legal Aid Board which provides a legal advice service free of charge to complainants in prosecutions for certain rape and sexual assault cases. A person seeking this service is not required to undergo a means test or to pay a financial contribution. A legal aid service is also provided in certain rape and sexual assault cases where the complainant’s prior sexual experience has been raised by the defence in the course of the trial. In these instances the Legal Aid Board will appoint a solicitor and a barrister to represent the complainant when the issue of previous sexual history is being raised and this service is also available without a means test.
Since announcing my plans for a review of the investigation and prosecution of sexual offences, I have been conducting a series of consultations with key stakeholders representing those affected by rape and sexual assault, including the Dublin Rape Crisis Centre, the Rape Crisis Network Ireland, Women's Aid, the National Women's Council of Ireland and One in Four. I invited these bodies to share with me their views of the current protections in place for victims, and where they have identified a need for further supports, including what, if any, further legal supports may be needed. The information they have shared with me is being collated in my Department and will inform the development of the Terms of Reference for the review, which I intend to finalise shortly.
185. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will address a matter (details supplied) regarding Garda youth diversion projects; and if he will make a statement on the matter. [19638/18]
Amharc ar fhreagra186. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will address a matter (details supplied) regarding Garda youth diversion projects; and if he will make a statement on the matter. [19639/18]
Amharc ar fhreagraI propose to take Questions Nos. 185 and 186 together.
As the Deputy may be aware, my Department is obliged to carry out a call for proposals process during 2018 in relation to the provision of Garda Youth Diversion Project (GYDP) services, to fully comply with requirements related to the co-funding of projects by the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020.
To ensure State-wide coverage of GYDP services for young people (which does not exist at present), the intention is that, in general, service provision will be aligned with Garda Divisions or other appropriate local areas with a distinct community identity as may be agreed during a wide ranging consultation process which is currently ongoing. Issues of community identity and numbers of potential participants on GYDPs in the area will be key considerations here.
The provision of GYDP services in all parts of the State has obvious advantages, particularly in terms of providing services for significant numbers of young people who cannot currently access them. In this regard, an independent evaluation report of the operation of an integrated approach to delivery of GYDP services within County Kerry, commissioned by my Department is expected to be finalised shortly. This report will help with the further development of GYDP services in the context of the Call for Proposals.
GYDPs deliver valuable services for young people who have committed a crime or may be at risk of offending as well as providing important support for An Garda Síochána at local level. I can assure the Deputy that in the context of the Call for Proposals my Department is committed to ensuring continuity of service for participants on GYDPs and maintain a community driven approach to their operation, as well as minimising any disruption for workers and service providers. In this regard, and in line with the overall objective of providing GYDP services to all children and young persons who require them, I am advised that the Call for Proposals will require applicants to provide for continuity of GYDP services for young people currently participating in the service. Furthermore, the Call for Proposals process will facilitate existing service providers forming consortiums, which could apply to provide services under the new comprehensive approach that is being developed.
GYDPs provide an effective and essential support to the operation of the statutory Garda Diversion Programme by An Garda Síochána. The principal focus of GYDPs is on young people who receive a Garda caution under the Diversion Programme for involvement in criminal or anti-social behaviour and are referred to a local GYDP (primary referrals). GYDPs also accommodate a certain proportion of young people who are considered to be at risk of involvement in offending or anti-social behaviour (secondary referrals).
In relation to secondary referrals, it has to be considered if, in principle, it is appropriate to refer a child to a Garda project where no criminal act has been identified. For some, a better option might be referral to available mainstream youth services that could appropriately support them. That being said, it is accepted that referrals to GYDPs must take account of local needs and issues in relation to access and availability of mainstream youth services. Following the Call for Proposals process, GYDP services will still accommodate a certain proportion of secondary referrals and the proportion of these may vary from area to area depending on identified local needs.
My Department is very much aware of the range of concerns expressed in relation to the Call for Proposals process. I can assure the Deputy that careful consideration is being given to all issues raised by stakeholders involved in GYDPs, including those of independent service providers, as part of the extensive consultation process which is currently ongoing. This process includes arrangements for an extensive series of meetings with community based organisations and project workers which will facilitate closer communication and exchange of information in relation to these matters. In addition, the consultations will include arrangements to hear the views of young people, including participants or former participants on GYDPs.
I can assure the Deputy that the new approach to GYDP provision which is being developed in preparation for the Call for Proposals will not reduce the level of service that already exists, or the importance of community involvement in its delivery. On the contrary, the intention is to build on, update and improve a very valuable service so that it is available to every child or young person in the country who requires it. This improvement to the service will have benefits for significant numbers of young people in the State who cannot currently access GYDP services. While certain aspects of the new service model have been determined, work is ongoing to complete the full details to be included in the Call for Proposals, which is expected to issue in the second quarter of this year. I am convinced that community ownership and participation of the projects is an essential dimension that must be preserved and strengthened in the working out of this process.
187. Deputy Catherine Murphy asked the Minister for Justice and Equality the status of the Criminal Law (Sexual Offences) Bill 2017; and if he will make a statement on the matter. [19671/18]
Amharc ar fhreagraThe General Scheme of a Criminal Law (Sexual Offences) (Amendment) Bill 2018 was approved by the Government on 6 March 2018. The General Scheme has been published on my Department's website. The Bill has now been referred to the Office of the Parliamentary Counsel for drafting. The General Scheme has also been referred to the Joint Oireachtas Committee on Justice and Equality to undergo pre-legislative scrutiny.
When drafted, the Criminal Law (Sexual Offences) (Amendment) Bill 2018 will provide for sentencing for repeat sex offenders. The Bill will take on board proposals made in the Criminal Justice (Commission of Sexual Offences)(Amendment) Bill 2017 which was brought forward by Minister Kevin Boxer Moran while a Private Member. In July 2017 the Government agreed to develop its own Bill based on the provisions of Minister Moran's Bill. The Bill will also contain sentencing provisions for the offence of incest.
188. Deputy John Curran asked the Minister for Justice and Equality the sections of the Assisted Decision Making (Capacity) Act 2015 that have been commenced; if there are sections which have yet to be commenced; if so, when these sections will be commenced; and if he will make a statement on the matter. [19677/18]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing.
The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the DSS and to enable the process of recruitment of the Director of the DSS to begin. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.
The key preparations are being put in place under the oversight of the Steering Group to allow for further commencement orders for the provisions of the 2015 Act to be made when the DSS is ready to roll out the new decision-making support options. The Director is also working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations, and the prevailing view is that the Decision Support Service will not be ready to become operational until 2019.
While it is not possible at the moment to provide an exact timeframe for the full commencement of the 2015 Act, every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible.
The 2018 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.
The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
189. Deputy Mary Butler asked the Minister for Justice and Equality if court sittings will be held in Waterford Courthouse on a consistent basis five days a week; and if he will make a statement on the matter. [19698/18]
Amharc ar fhreagraAs the Deputy will be 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. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial 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 District Court in Waterford will continue to sit five days a week from Monday to Friday as per the Schedule in S.I. 23 of 2009. The Courts Service has advised that there are currently no plans to change these scheduled sittings or to amend the Statutory Instrument.
The Courts Service has further advised that the Circuit Court sits in Waterford every week and that there are also no plans to change or amend these sittings.
190. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons of Syrian, Eritrean, Afghan, Iraqi, Iranian, Libyan and Somalian origin refused leave to land at points of entry here in 2017; and if he will make a statement on the matter. [19700/18]
Amharc ar fhreagraI wish to advise the Deputy that it has not been possible in the time available to provide the details requested. I have requested An Garda Síochána to compile the necessary information and I will revert to the Deputy as soon as possible.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
191. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons of Syrian, Eritrean, Afghan, Iraqi, Iranian, Libyan and Somalian origin refused leave to land at points of entry here to date in 2018; and if he will make a statement on the matter. [19701/18]
Amharc ar fhreagraI wish to advise the Deputy that it has not been possible in the time available to provide the details requested. I have requested An Garda Síochána to compile the necessary information and I will revert to the Deputy as soon as possible.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
192. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons who are in the asylum process for more than three, five and seven years, respectively, in tabular form; and if he will make a statement on the matter. [19702/18]
Amharc ar fhreagraIt is important to note that a very small proportion of applicants in the system for three or more years are awaiting a first instance decision on their refugee status. They will have had a negative first instance decision which determines that they have not demonstrated that they are in need of international protection. If they remain as applicants for the years in question, they are likely to be exercising their right to appeal either to the International Protection Appeals Tribunal or to the Courts for Judicial Review. Applications remain live on the system while the Courts determine the cases presented.
On 31 December 2016, the International Protection Act 2015 (IPA 2015) was commenced, providing for the introduction of a single application procedure for people seeking international protection in the State. The 2015 Act replaces the previous sequential application system with a single application process, for asylum, subsidiary protection and permission to remain in the State, bringing Ireland into line with the processing arrangements applicable in other EU Member States. However, the Act also contained transitional arrangements which has put further pressures on processing. The main challenge now faced is the need to quickly process the substantial number of cases on hand many of which were carried over from the previous system.
As of 27 April 2018, there are a total of 5,300 applications for international protection pending in the IPO. Some 2,200 applications were made before the commencement of the 2015 Act but were not finalised by the former Office of the Refugee Applications Commissioner (ORAC) and the former Refugee Appeals Tribunal (RAT) by that date. These applications reverted to be processed by the IPO under the transitional provisions of the 2015 Act. Notwithstanding the increased caseload arising from the transitional arrangements, over 87% of applications are in the system for less than 3 years. This is a major improvement from the situation when the McMahon Working Group reported on the matter in June 2015.
The challenge of clearing this additional caseload is being addressed by deploying increased resources and a continued review of efficiency and effective use of those resources, having due regard to the requirements of the 2015 Act, in order to maximise quality output, produce impartial decisions and ensure value for money for the taxpayer. In this regard, it is planned to increase the strength of the IPO Processing Panel over the coming months following public advertisement and interview.
The following Table provides a breakdown of the numbers of applicants 3 years and more being dealt with by the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT). It is of note that approximately 40% of the applicants in the IPO figures were returned from the RAT under the transition arrangements under the Act. In addition, over 80 cases included in the overall figures in the table are the subject of Judicial Reviews, usually instigated by the applicants.
|
Timescale since first application |
No. cases in the IPO |
No. cases in the IPAT |
|
3 years - 5 years |
447 |
176 |
|
5 years - 7 years |
17 |
9 |
|
7 years or more |
51 |
23 |
193. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of convicted sex offenders in prison here; the number of these that are for child sex offences; the number of convicted sex offenders who have completed their sentences; the number of these that were for child sex offences and are subject to reporting requirements; and if he will make a statement on the matter. [19735/18]
Amharc ar fhreagraI am advised by the Irish Prison Service that there were 375 prisoners in custody under sentence for offences of sexual nature on 3 May 2018.
The Irish Prison Service does not receive age profile information on the victims of sex offenders therefore it is not possible to provide the information in the format requested by the Deputy. The Courts Service and An Garda Siochána have also confirmed that they do not collate offence data in the format requested.
194. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if there is a monitoring of international travel by sex offenders convicted in courts here; and if he will make a statement on the matter. [19736/18]
Amharc ar fhreagraConvicted sex offenders are subject to monitoring and supervision in the community through the Garda Síochána and the Probation Service. The Sex Offenders Act 2001 provides for the monitoring of convicted sex offenders in the community. Under the 2001 Act a person who has been convicted of a sexual offence must notify the Garda Síochána of their name and address within seven days. The 2001 Act also provides for sex offenders orders where the court can prohibit a convicted sex offender from doing things with a view to protecting the public from harm.
Under section 10(3) of the Sex Offenders Act 2001, if a registered sex offender intends to leave the State for a continuous period of 7 days or more, he must notify the Garda Síochána of that intention and, if known, the address of the place outside the State he intends to reside or stay. This provision allows for the relevant authorities in their country of destination to be notified of the details of travel, and enables the ongoing monitoring of the individual in that jurisdiction.
I also intend to bring to Government shortly the General Scheme of a Sex Offenders (Amendment) Bill which will strengthen the monitoring of sex offenders in the community, including reducing the notification period from seven to three days.
The Joint Committee on Justice and Equality will examine the question of restrictions on travel for convicted sex offenders, following the referral by the Oireachtas of a Private Members Bill, the Sex Offenders (Amendment) Bill 2018, which makes proposals in this regard.
195. Deputy Mick Wallace asked the Minister for Justice and Equality if his Department or a State agency under his remit have availed of the services of companies (details supplied) since 2011; if so, the details of the expenditure; and if he will make a statement on the matter. [19821/18]
Amharc ar fhreagraI am informed that, based on a review of the Department's central financial management system, payments were made to the latter of the companies referenced to the value of €13,272.90 by the Department and its agencies in the period 2011 to 2013 inclusive. The payments mainly related to services for the disposal of ICT equipment under the EU Waste Electrical and Electronic Equipment Directive. There were no payments made to this service provider in subsequent years.
