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Wednesday, 9 May 2018

Written Answers Nos. 139-146

Garda Operations

Ceisteanna (139)

Clare Daly

Ceist:

139. Deputy Clare Daly asked the Minister for Justice and Equality if there has been a recent audit of Garda property seized in the course of arrests or investigation; his views on the security of such seizures; and if he will make a statement on the matter. [20275/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the manner in which property is seized by Members of An Garda Síochána during the course of their official duties is an operational issue for the Commissioner, and his management team, and I have no role in such matters.

This notwithstanding I have requested a report from the Garda authorities on this issue and I will contact the Deputy again when the report is to hand.

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

Garda Operations

Ceisteanna (140)

Clare Daly

Ceist:

140. Deputy Clare Daly asked the Minister for Justice and Equality the protocol regarding the way in which money and drugs seized in investigations are handled, stored and returned to the person from whom they were seized in the event of an unsuccessful prosecution. [20276/18]

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.

Garda National Immigration Bureau

Ceisteanna (141)

Joe Carey

Ceist:

141. Deputy Joe Carey asked the Minister for Justice and Equality his plans to civilianise immigration registration offices nationally following the Irish Naturalisation and Immigration Service takeover of Garda National Immigration Bureau registration in Dublin; and if he will make a statement on the matter. [20303/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a project to investigate options for the civilianisation of the immigration registration function outside of Dublin commenced this year. This follows on from the successful civilianisation of the Dublin Registration Office and on going work to streamline processes, including the introduction of online appointments systems and the integration of other work streams such as re-entry visa processes.  

As part of this wider project, when options are developed for extension to regional offices, it is planned to commence by way of a pilot project later this year.  The pilot will inform the plans to civilianise the function nationally.

Departmental Contracts Data

Ceisteanna (142)

Mick Wallace

Ceist:

142. Deputy Mick Wallace asked the Minister for Justice and Equality the contracts awarded by his Department or any agency under his remit to a company (details supplied) since March 2011, by year in tabular form; the cost per contract; the basis for each contract; and if he will make a statement on the matter. [20318/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to confirm to the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 142 for answer on 9 May 2018 in which the Deputy requested the contracts awarded by my Department or an agency under its remit to a company (Capita) since March 2011, by year in tabular form; the cost per contract; the basis for each contract; and if I will make a statement on the matter.
The information was sought from the agencies under the remit of my Department and it is a matter of regret that it has taken until now to collate the response.
The information requested is set out in the following table.
Details of contracts the Department of Justice and Equality and agencies under its remit have or has had with Capita or its subsidiaries are outlined in the table provided below.
Details Supplied:
Capita

Contract

Value €

Year of Conclusion/Renewal

Department

ICT Managed Service (including infrastructure as a service)

€14,241,374.50 expenditure on contract as of 31/7/18

The contract commenced on 1 August 2015 and it expires on 31 October 2020.

National evaluation report on the results and impacts of actions co-financed by the European Fund for the Integration of third-country nationals concerning the period 2007-2010. National evaluation report on the results and impacts of actions co-financed by the European Refugee Fund concerning the period 2008-2010.

€14,760

Commenced March 2012, completed in November 2012. First and last payment was in 2012. Concluded November 2012 (not renewable).

National evaluation report on the results and impacts of actions co-financed by the European Fund for the Integration of third-country nationals concerning the period 2011-2013. National evaluation report on the results and impacts of actions co-financed by the European Refugee Fund concerning the period 2011-2013. National evaluation report on the results and impacts of actions co-financed by the European Return Fund concerning the period 2011-2013.

€15,015

Commenced in May 2015 and concluded in December 2015. First payment made in 2015 and final payment in 2016. Concluded December 2015 (not renewable).

Provision of accounting and audit services to Internal Audit Unit under the framework tender. In 2010 the Internal Audit Unit of the Department issued a RFT (Request For Tender) seeking Accounting and Auditing Services for the Department and its Agencies. Following evaluation of the bids received a contract was put in place with Tribal Consulting Limited, for the period 14 June 2010 to 13 June 2013, this was subsequently extended to 31 December 2014. During this period Tribal Consulting was taken over by Capita, who continued to operate the contract until its conclusion in December 2014.

€475,929

The contract ran from February 2012 to 31 December 2014.

Provision of accounting and audit services to Internal Audit Unit under the framework tender. Internal Audit Unit issued a request for tender in March 2014 to create a framework agreement (panel of qualified providers for Auditing & Accounting) within the Justice Family of votes and other Government agencies from which contracts could be established under supplementary requests for tender (SRFT). Internal Audit issued an SRFT to the framework in late 2014 for the supply of auditing staff. Capita won the tender, being awarded a contract from January 2015 to January 2017. As per the contract an extension was awarded in 2017 to January 2018.

€1,051,289

The contract ran from 1 January 2015 to 31 December 2017.

Departmental Total: €15,798,367.50

Agencies under the remit of the Department

Service Agreement with the Private Security Authority (in accordance with the Department's Framework Agreement with CAPITA)

€29,000.00

Contract was commenced on 30 September 2016. The contract was for a period of one year however all the services contracted for were provided in 2016. Contract officially concluded on 30 September 2017. It was not up for renewal as it was for a specific purpose.

Support to Courts Service for Webmarshal web filtering software

€20,469.90

The contract relating to the support of Webmarshal commenced in July 2016. The support under this contract expired in July 2018. The Courts Service then ran a mini-competition for the renewal of Webmarshal support which Capita did not win. The payment to Capita covered two years support billed annually.

Provision of Internal Audit Function in Property Registration Authority (PRA)

€51,335

Further to a competitive tender process, Capita Business Services Limited were awarded the contract for the provision of internal audit services to the PRA in July 2015. The contract was for an initial one year period, with an option for a second year. The first payment to Capita was in December 2015 and the final payment in October 2017. Payments were in respect of audit services provided between September 2015 and September 2017. The contract was formally concluded in September 2017.

Provision of services to the Property Services Regulatory Authority (PSRA). The PSRA engaged Capita to prepare their yearly financial statements. These services were provided in the context of the Department’s framework agreement with Capita, covering the period 2015 to 2017, under supplementary requests for tender (SRFT), as previously mentioned. The Property Services Regulatory Authority approached Capita directly for the provision of services. The cost of the services provided to the Property Services Regulatory Authority are distinct from the figure given under the broader Departmental contract.

€23,562

The contract ran from January 2015 to December 2017.

Agencies Total: €124,366.90

Irish Prison Service

Financial Management Shared Services Project – Irish Prison Service

€80,500 for first six months

Contract commenced 31 July 2017. To be reviewed after six months with option for further 2 x 6 months. This option was not availed of. Contract expired end of January 2018.

Review of Additional Hours system – Irish Prison Service

€8,400.00

This review was also provided in the context of the Department’s framework agreement with Capita, covering the period 2015 to 2017, under supplementary requests for tender (SRFT) mechanism. This was a once off project. In respect of the Review of the Additional Hours System, the contract commenced on 18 July 2016 and concluded on 30 June 2017.

Provision of accounting and audit services to the Irish Prison Service under the framework tender

€114,800

The contract ran from 1 January 2015 to 31 December 2017.

Irish Prison Service Total: €203,700

An Garda Síochána

An Garda Síochána payment in respect of attendance at a conference.

€1,188

This was a one-off payment in respect of attendance at a conference held by Capita Business Services in July 2015.

An Garda Síochána contract for auditing services

€10,148

A contract for auditing services was awarded to Capita Business Services in 2015. This contract commenced in September 2015 and expired at the end of 2015.

An Garda Síochána contract for the National Digital Radio Project, “Project Management Radio Communications and Control Room Technical Support”.

€3,994,860

This contract is for the maintenance of the Integrated Communications and Control System (ICCS) and is a shared service between An Garda Síochána and the National Ambulance Service. It is primarily used for dispatching Garda/Ambulance resources to emergency calls. The contract commenced in 2011 and there has been expenditure each year since totalling the sum opposite. There is a requirement to extend this contract until a replacement system is procured. In 2017 a decision was taken by the Office of the Government Chief Information Officer (OGCIO) to extend the National Digital Radio System for a two year period until June 2019. In order to maintain services the contract in question has been extended and will be replaced once the Computer Aided Dispatch tender has been published and awarded to a suitable supplier. With regard to the planned tender for a Computer Aided Dispatch System, the Request for Tender for a new integrated Computer Aided Dispatch System is with the Office of the Government Chief Information Officer (OGCIO) in the Department of the Public Expenditure and Reform. An Garda Síochána is awaiting that office’s sanction to proceed to procurement. It is understood that, given the scale of the project, the OGCIO are preparing a peer review process which will need to be undertaken prior to sanction being provided. It is understood that the peer review process will commence early in 2019.

An Garda Síochána Total: €3,994,860

Overall Total: €20,121,294.40

I hope this information is of assistance.

Legislative Measures

Ceisteanna (143)

John Curran

Ceist:

143. Deputy John Curran asked the Minister for Justice and Equality the steps he plans to take to reform legislation to protect front-line gardaí in view of an assault on an unarmed front-line garda in Dublin recently; and if he will make a statement on the matter. [20330/18]

Amharc ar fhreagra

Freagraí scríofa

There is specific legislation in place to deal with assaults on emergency workers in front-line positions. The Criminal Justice (Public Order) Act 1994, as amended by the Criminal Justice Act 2006, provides explicit statutory protection for what are termed “peace officers”, which include members of the Garda Síochána, prison officers, members of the fire brigade, ambulance personnel and members of the Defence Forces.  The Act also covers those working in medical services in hospitals, including doctors, nurses, psychiatrists and others involved in the provision of treatment and care.  Section 19 of the 1994 Act provides that any person who assaults or threatens to assault any of these front-line workers is guilty of an offence and is liable on summary conviction to a fine of up to €5,000 or a term of imprisonment of up to 12 months or both, or on conviction on indictment to a fine or imprisonment for a term of up to 7 years or both.  The maximum sentence was increased from 5 years to 7 years under the 2006 Act.   

It is also an offence under the 1994 Act, as amended, to resist, wilfully obstruct or impede a peace officer, or medical staff in a hospital, in the course of carrying out their work.  The penalty on summary conviction for such an offence is a fine of up to €2,500 or imprisonment for a term of up to 6 months or both.  

In addition, in the case of assault causing serious harm, an offender can be prosecuted under the Non-Fatal Offences Against the Person Act 1997 which deals comprehensively with a wide range of assault provisions, the more serious of which carry heavy penalties.  That Act provides for penalties of up to 5 years in prison for an offence of assault causing harm and for a penalty of life imprisonment for an offence of causing serious harm.  This general law relating to assault has application to all citizens, including front-line emergency workers.  

In conclusion, the law already recognises the need to protect members of the emergency services carrying out their duties and provides strong penalties where offences against front-line workers are committed.  While there are currently no proposals for further legislation in this regard, the situation is kept under review.

Immigration Status

Ceisteanna (144)

Bernard Durkan

Ceist:

144. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of a stamp 4 application in the case of a person (details supplied); and if he will make a statement on the matter. [20337/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it has received a request for permission to remain in the State in respect of the person mentioned by the Deputy.

As the Deputy may be aware this case was among a large number of cases held by my Department pending the outcome of the Supreme Court judgment in respect of Luximon and Balchand which were finalised on 24 April 2018.  INIS advise that it may take some time to assess the above mentioned applications and ask that the persons concerned bear with them whilst undertaking this task.

The consideration of the person’s application has not yet been completed and, if further documentation or clarification of any matter related to the application is required from the person concerned, INIS will write to them requesting same. 

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.

Immigration Controls

Ceisteanna (145)

Bernard Durkan

Ceist:

145. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the basis on which a person (details supplied) is being held in Dublin Airport; and if he will make a statement on the matter. [20339/18]

Amharc ar fhreagra

Freagraí scríofa

It would not be appropriate for me to go into the details of the case referred to by the Deputy. I can say however, that the person concerned was refused permission to enter the State on 2 May 2018 and left the State on the same day. He is not the subject of an Irish Deportation Order. 

The following matters pertain in all cases where a person is refused permission to enter the State.

- There are in total twelve (12) grounds on which an immigration officer may refuse to give a permission to enter the State and these are set out at Section 4 (3) of the Immigration Act 2004 (as amended by the International protection Act 2015). While a person may be refused permission to enter the State based on a number of grounds, such refusal need only be based on any one of those grounds. Immigration officers are required to provide a written notice to the person refused entry that sets out the reasons for the decision. In all cases, removals from the State are conducted in accordance with the law. Translation facilities are available where necessary.

- An Immigration Officer before confirming a decision to refuse permission will consult with his or her Supervisor.

- Removals are essentially operational matters for the Garda National Immigration Bureau who work closely with civilian immigration officers on these matters.

- Section 5 of the Immigration Act, 2003 (as amended by the International protection Act, 2015), contains the main provisions dealing with the removal from the State of persons refused leave to land and specifies that a person to whom this section applies may be arrested by an immigration officer or a member of the Garda Síochána and detained in a prescribed place of detention for the purpose of facilitating their removal from the State, which must be as soon as is practicable.

- It is the practice to remove persons from the State on the next available flight or ship.

It should be noted that should any person who has been refused leave to land in the State seek entry to the State at a future point, their application will be assessed on its own merits taking all relevant information into consideration at that time. Their prior immigration history is a matter of record but does not preclude them from seeking permission to enter the State in the future.

Criminal Prosecutions

Ceisteanna (146)

Eoin Ó Broin

Ceist:

146. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if guidelines are in place with respect to prosecutions in court here for overseas offences; the type of official from the overseas jurisdiction that must testify that the offences are offences in their jurisdictions; the guidelines in this regard; and if none exist, when such guidelines will be put in place. [20399/18]

Amharc ar fhreagra

Freagraí scríofa

In any prosecution for an offence committed abroad, where the State has extra-territorial jurisdiction, it is a matter for the prosecution, as in any criminal trial, to adduce evidence proving the elements of the offence.  The form of proof of offences abroad could vary from certificate evidence to personal testimony according to the circumstances of a trial, and I am not aware of any general guidelines in relation to such proofs.

Provision is made in law in some circumstances for such certificate evidence, and I will certainly keep under review the case for further such provision.

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