Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Thursday, 14 Jun 2018

Written Answers Nos. 101-123

Road Traffic Offences Data

Ceisteanna (101)

John McGuinness

Ceist:

101. Deputy John McGuinness asked the Minister for Justice and Equality the number of successful criminal prosecutions secured for each Garda subdistrict in each of the years 1985 to 2017 in relation to hit-and-run accidents. [26111/18]

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, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that they are not in a position to provide statistics by Garda sub District and the information being provided in the table below from the Court Service is by District Court Area.

The statistics are obtained from the Criminal Case Tracking System which became operational in 2005. It is not possible to provide statistics for the period 1985-2004.

Report from 2005 to 2017 on the number of persons convicted for hit and run incidents including the following offences;

- Hit & Run (Fail to give appropriate Information)

- Hit & Run (Failing to remain at scene)

- Hit & Run (Failing to Report occurrence)

- Hit & Run (Failing to Stop)

Note: If a person was convicted in more than area in the same year, they will appear twice on the report.

Court Area

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

ABBEYFEALE

-

1

2

1

-

1

1

1

-

-

-

-

-

ACAILL

-

-

-

-

-

-

-

-

1

-

-

-

-

AN CLOCHAN LIATH

3

2

4

2

1

1

-

-

-

-

2

1

1

AN DAINGEAN

-

-

-

-

-

-

1

-

-

-

-

-

1

AN FAL CARRACH

-

2

2

1

1

-

1

1

-

-

-

1

-

AN SPIDEAL

3

4

-

-

2

1

-

-

-

-

-

-

-

ARDEE

1

1

-

1

1

-

1

2

1

-

2

-

-

ARKLOW

1

2

4

7

2

4

1

1

-

1

1

-

2

ARVA

-

2

1

-

-

-

-

-

-

-

-

-

-

ATHENRY

-

-

2

2

2

-

-

1

-

-

-

-

-

ATHLONE

3

1

1

-

-

3

4

2

2

-

1

5

11

ATHY

-

2

-

4

1

5

-

2

1

-

1

2

3

BAILIEBOROUGH

-

1

5

3

-

-

1

-

-

-

-

-

-

BALLAGHADERREEN

-

3

1

3

1

-

1

1

1

1

-

-

-

BALLINA

3

4

6

3

3

2

3

3

2

5

3

1

-

BALLINASLOE

-

1

1

1

4

-

-

1

3

1

1

1

2

BALLINROBE

-

-

2

2

1

-

-

-

-

-

-

-

-

BALLYBAY

3

3

1

-

-

-

-

-

-

-

-

-

-

BALLYCONNELL & SWANLINBAR

-

3

3

4

1

-

-

1

1

-

-

-

-

BALLYCROY

-

-

1

-

-

-

-

-

-

-

-

-

-

BALLYFARNON

1

-

-

-

-

-

-

-

-

-

-

-

-

BALLYHAUNIS

-

1

-

1

1

-

-

-

-

-

-

-

-

BALLYMOTE

1

1

-

-

1

-

-

-

-

-

-

-

-

BALLYSHANNON

2

2

3

1

1

-

3

-

1

-

1

2

1

BALTINGLASS

-

-

1

-

2

1

1

-

1

-

-

-

-

BANAGHER

-

-

-

1

-

-

-

-

-

-

-

-

-

BANDON

3

3

-

4

2

2

4

5

1

1

-

1

3

BANTRY

-

2

-

4

1

-

3

3

-

3

1

2

4

BEAL AN MHUIRTHEAD

3

1

-

2

1

1

1

-

-

1

-

-

-

BIRR

-

1

-

1

2

2

-

-

-

-

-

-

-

BORRISOKANE

-

1

-

-

2

-

-

-

-

-

-

-

-

BOYLE

1

-

-

-

1

-

1

-

-

-

-

-

-

BRAY

-

5

3

5

6

1

4

2

2

5

6

3

2

BRUFF

-

1

-

-

-

1

-

-

-

-

-

-

-

BUNCRANA

2

3

-

1

-

1

1

-

1

4

5

2

-

CAHIR

-

-

2

-

-

-

-

-

-

-

-

-

-

CAHIRCIVEEN

-

-

-

-

-

-

-

1

-

-

-

-

1

CARLINGFORD

-

1

-

-

-

-

-

-

-

-

-

-

-

CARLOW

4

3

2

7

1

8

4

1

1

-

3

5

9

CARNA

1

-

1

-

1

-

-

-

-

-

-

-

-

CARNDONAGH

1

2

2

1

1

-

1

1

-

1

1

2

3

CARRICK ON SHANNON

1

1

1

1

-

1

3

2

-

2

2

3

1

CARRICK ON SUIR

1

3

3

-

5

1

2

-

-

-

2

5

1

CARRICKMACROSS

3

1

2

2

-

-

-

4

-

1

1

2

2

CASHEL

-

1

-

-

2

1

1

-

1

3

-

1

4

CASTLEBAR

1

1

1

2

-

4

-

1

1

1

1

3

2

CASTLEBLANEY

3

1

3

-

-

-

-

-

-

-

-

-

-

CASTLECOMER

-

3

-

2

-

1

-

-

-

-

-

-

-

CASTLEISLAND

-

1

1

-

-

-

2

-

-

-

-

-

-

CASTLEPOLLARD

1

2

3

2

-

-

-

-

-

-

-

-

-

CASTLEREA

-

-

3

1

2

1

1

-

-

-

1

-

-

CASTLETOWN BERE

-

-

-

1

-

-

-

-

-

-

-

-

-

CAVAN

2

1

6

-

3

1

3

-

3

4

6

2

6

CHARLESTOWN

-

2

-

-

1

-

-

-

-

-

-

-

-

CLAREMORRIS

-

2

1

-

2

1

1

-

-

-

-

-

-

CLIFDEN

-

3

1

-

-

-

2

1

1

-

1

-

3

CLONAKILTY

-

2

1

4

1

5

1

3

2

2

-

1

4

CLONES

2

-

2

-

1

-

-

-

-

-

-

-

-

CLONMEL

-

-

4

1

4

7

4

2

2

4

-

3

4

COBH

1

3

7

1

6

6

-

-

-

-

-

-

-

COOTEHILL

-

2

1

3

-

-

-

-

-

-

-

-

-

CORK CITY

35

47

52

44

52

39

34

29

32

37

46

38

35

COROFIN

-

-

-

-

1

-

-

-

-

-

-

-

-

DOIRE AN FHEICH

-

-

-

-

2

-

2

-

2

3

7

4

2

DONEGAL

1

3

1

1

1

1

2

1

3

1

-

3

1

DROGHEDA

6

6

5

9

7

5

5

1

4

7

3

6

5

DUBLIN METROPOLITAN DISTRICT

42

57

56

76

66

43

55

46

43

59

58

59

58

DUNDALK

5

6

8

19

13

9

3

8

9

6

9

9

4

DUNGARVAN

1

1

3

2

3

-

1

-

3

3

-

-

1

DUNLAVIN

1

-

1

-

-

-

-

-

-

-

-

-

-

DUNLEER

-

1

2

-

-

-

-

-

-

-

-

-

-

DUNMANWAY

1

2

-

-

1

1

-

-

-

-

-

-

-

DUNMORE

-

1

-

-

-

-

-

-

-

-

-

-

-

DUNSHAUGHLIN

2

2

3

2

2

1

-

-

-

-

-

-

-

EDENDERRY

-

1

-

4

1

1

-

1

2

-

-

-

-

ENNIS

-

4

2

6

-

5

3

8

4

6

12

9

2

ENNISCORTHY

1

3

7

5

2

3

2

-

-

-

-

-

-

ENNISTYMON

-

-

1

1

3

2

-

-

-

-

-

-

-

FERMOY

-

2

-

3

-

2

1

3

-

1

5

2

2

FOXFORD

-

1

1

-

-

-

-

-

-

-

-

-

-

GALWAY

16

19

22

27

14

25

15

16

13

4

12

5

14

GOREY

3

4

2

1

1

2

3

3

1

3

3

3

6

GORT

-

-

-

1

3

3

1

2

-

-

-

1

1

GRANARD

-

-

1

-

-

-

-

-

-

-

-

-

-

GRANGE

-

-

-

-

1

-

-

-

-

-

-

-

-

HEADFORD

2

1

-

1

-

-

-

-

-

-

-

-

-

[Table Cont]

Court Area

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

KANTURK

-

-

3

1

-

-

-

-

-

-

-

-

-

KELLS

-

1

1

1

1

1

1

2

1

-

-

-

-

KENMARE

-

-

1

1

-

1

1

-

-

1

-

-

-

KILCOCK

1

7

6

1

5

2

2

4

5

1

-

-

2

KILCORMAC

1

-

-

1

-

-

-

-

-

-

-

-

-

KILDARE

3

2

4

2

3

-

-

-

-

-

-

-

-

KILKENNY

3

5

4

10

2

4

2

-

2

2

1

5

6

KILLALOE

-

1

-

-

-

1

-

1

-

-

-

2

1

KILLARNEY

-

-

3

2

2

1

2

1

1

1

1

2

1

KILLORGLIN

-

1

-

-

-

-

-

1

-

-

-

1

-

KILMACTHOMAS

-

-

1

-

-

-

-

-

-

-

-

-

-

KILMALLOCK

2

3

2

1

4

2

3

1

-

-

-

-

-

KILRUSH

-

-

1

-

-

-

-

2

-

-

1

-

2

KILTIMAGH

-

-

-

-

-

1

-

-

-

-

-

-

-

KINSALE

-

-

1

4

-

-

1

1

1

-

-

-

-

KINVARA

1

-

-

-

-

-

-

-

-

-

-

-

-

LETTERFRACK

1

-

-

-

-

-

-

-

-

-

-

-

-

LETTERKENNY

7

8

9

11

7

8

8

-

5

4

4

4

9

LIMERICK

6

12

7

6

7

17

5

8

15

10

6

20

21

LISDOONVARNA

-

-

1

-

-

-

-

-

-

-

-

-

-

LISMORE

-

-

-

1

-

-

-

1

2

1

-

1

-

LISTOWEL

-

1

1

3

1

1

-

-

-

2

-

-

1

LONGFORD

2

3

6

4

3

4

3

3

3

2

4

2

14

LOUGHREA

-

-

1

2

1

2

2

2

4

2

1

2

5

MACROOM

-

4

1

1

1

3

2

4

-

3

1

4

3

MALLOW

2

-

2

-

1

1

3

4

-

1

4

3

2

MEATH

-

-

-

-

-

-

-

-

-

-

-

4

4

MIDLETON

4

3

4

7

1

2

4

2

3

3

3

8

1

MILLSTREET

1

-

1

-

-

-

-

-

-

-

-

-

-

MILTOWN MALBAY

-

1

-

1

-

-

-

-

-

-

-

-

-

MITCHELSTOWN

-

2

3

2

-

2

1

-

-

-

-

-

-

MONAGHAN

3

7

5

2

5

1

1

1

1

1

-

1

4

MULLINGAR

1

5

2

2

3

1

5

-

-

2

3

5

3

NA GLEANNTA

-

-

2

1

-

-

1

-

1

2

-

1

-

NAAS

4

10

5

5

5

8

5

10

7

8

9

3

3

NAVAN

4

-

2

4

5

2

1

4

1

3

6

1

-

NENAGH

1

-

-

2

-

-

-

1

-

2

1

2

1

NEW ROSS

-

2

6

1

4

4

5

-

-

-

-

-

-

NEWCASTLE WEST

1

1

1

2

1

1

2

2

4

2

2

4

7

NEWPORT

2

-

1

2

-

-

-

-

-

-

-

-

-

OLDCASTLE

1

-

-

-

-

-

-

-

-

-

-

-

-

PORTARLINGTON

-

2

-

3

2

2

-

-

-

-

-

-

-

PORTLAOISE

7

7

4

4

7

8

4

3

6

4

4

6

2

PORTUMNA

1

-

1

-

-

-

-

-

-

-

-

-

-

RATHDRUM

-

2

1

-

-

-

-

-

-

-

-

-

-

RATHKEALE

2

1

1

5

1

2

1

-

-

-

-

-

-

ROSCOMMON

-

2

1

7

3

2

2

2

-

2

1

-

-

ROSCREA

-

1

2

-

2

-

-

-

-

-

-

-

-

SCARRIFF

-

-

1

-

-

-

-

-

-

-

-

-

-

SCHULL

1

1

-

-

-

-

-

-

-

-

-

-

-

SHANNON

-

1

-

1

-

-

-

-

-

-

-

-

-

SKIBBEREEN

2

-

2

-

-

-

2

-

-

3

-

1

1

SLIGO

3

4

5

6

5

1

4

4

-

4

-

3

4

STROKESTOWN

-

2

-

-

-

1

1

1

-

-

-

-

2

SWINFORD

-

1

-

-

-

-

-

-

-

-

-

-

-

TALLOW

-

1

-

1

-

-

-

-

-

-

-

-

-

TEMPLEMORE

-

-

-

-

-

1

-

-

-

-

-

-

-

THOMASTOWN

-

1

4

-

-

-

-

-

-

-

-

-

-

THURLES

1

3

2

1

-

-

2

3

-

2

2

3

-

TIPPERARY

-

-

-

-

1

-

1

-

3

3

1

4

2

TRALEE

1

4

2

2

1

1

1

1

2

3

2

1

4

TRIM

1

5

1

8

1

1

2

1

-

1

2

1

-

TUAM

2

-

3

2

2

3

3

7

1

2

2

1

3

TUBBERCURRY

1

1

-

-

-

-

-

-

-

-

-

1

1

TULLA

-

1

-

-

-

-

-

-

-

-

-

-

-

TULLAMORE

2

7

5

4

4

6

4

2

2

3

6

2

3

TULLOW

-

1

4

-

-

-

-

-

-

-

-

-

-

VIRGINIA

-

5

2

4

-

1

1

2

2

1

4

3

3

WATERFORD CITY

-

10

12

2

5

7

6

2

2

3

6

5

1

WESTPORT

1

1

3

1

-

1

2

-

-

1

1

1

1

WEXFORD

5

5

4

2

6

5

3

3

3

6

2

4

2

WICKLOW

1

4

-

2

1

2

2

3

3

-

-

1

-

YOUGHAL

-

-

3

-

1

-

-

1

-

1

1

2

2

Total

249

401

407

422

347

319

285

250

225

262

278

301

322

Question No. 102 answered with Question No. 98.

Work Permits Eligibility

Ceisteanna (103)

Eamon Scanlon

Ceist:

103. Deputy Eamon Scanlon asked the Minister for Justice and Equality the sectors in which asylum seekers can apply for work; the number of employment permits that have been applied for to date; the number of permits that have been issued; the way in which the situation will change after the four-month temporary measure, that is, after 9 June 2018; and if he will make a statement on the matter. [25936/18]

Amharc ar fhreagra

Freagraí scríofa

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 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. Employment permits are the remit of the Department of Business Enterprise and Innovation and I have no remit or authority in this area.

The Employment Permits Section of the Department of Business, Enterprise and Innovation (DBEI) inform me that one application for an employment permit has been received from an International Protection applicant, which was subsequently withdrawn. Officials from DBEI have been in direct contact with the International Protection applicant to assist in any new employment permit application that person may make.

Following Government approval, I used my executive powers to introduce an administrative scheme to allow (from the date the Supreme Court struck down the prohibition), for an additional access to the labour market not provided for under the employment permit system. This also allowed eligible applicants to activate their qualification for such access which will continue under any new scheme to be announced. This current interim scheme provides for eligible applicants for international protection (i.e. those in the system for over nine months without a first instance recommendation), to engage in self-employment. As on 12 June 2018, the total number of applications for self-employment received under this scheme is 713, of which 503 have been granted.

The arrangements that are currently in place are interim arrangements pending the completion of the process to opt-in to the EU (recast) Reception Conditions Directive. The opt-in process has proceeded quickly and, on Tuesday 22 May 2018, the decision of the EU Commission confirming Ireland’s opt in to the EU (recast) Reception Conditions Directive was adopted. The decision was published on the Official Journal the following day. The implementation group, chaired by the Department of Justice and Equality and with representatives from all relevant Departments and Agencies, is finalising the details of the more permanent arrangements, which will include less restrictive access to different categories of work than the employment permits regime which apply in the interim period. It is expected that the more permanent and broader labour market access arrangements will be in place upon the completion of the transposing measures from the end of June this year.

EU Migration Crisis

Ceisteanna (104)

Thomas Pringle

Ceist:

104. Deputy Thomas Pringle asked the Minister for Justice and Equality his views on the single largest tragic incident in 2018 in the Mediterranean which saw 112 Tunisian migrants die crossing to Greece on an overloaded smuggler's boat on 5 June 2018; the way in which he will contribute to talks regarding EU migration reform from the viewpoint of the safety and well-being of migrants and refugees coming into the EU; if he will represent the needs of migrants; and if he will make a statement on the matter. [25941/18]

Amharc ar fhreagra

Freagraí scríofa

The death of 112 migrants from Tunisia, who drowned when the overloaded smuggler’s boat carrying them across the Mediterranean Sea to Greece capsized, is a tragedy. While the number of deaths at sea in the Mediterranean has dropped significantly over the past twelve months, any death at sea, particularly in such circumstances, is tragic.

Ireland supports efforts made by the European Union and its Member States to put a stop to unnecessary deaths in the Mediterranean.

Ireland has been active in search and rescue missions in the Mediterranean since 2015, first through Operation Pontus, a bilateral agreement between Ireland and Italy running in parallel to Operation Sophia. Ireland has been a full member of Operation Sophia since 2017. Since 2015, Irish naval vessels have rescued thousands of migrants at sea.

In addition to supporting the rescue of migrants at sea, Ireland supports other measures to address the root causes of irregular migration, such as through the EU efforts to stabilise Libya and neighbouring countries in North and West Africa, both politically and economically. The recently established AU-EU-UN Taskforce on Libya has seen some early successes in its efforts to support migrants in Libya.

Ireland continues to make its own efforts, as well as supporting those of the EU, to improve the socio-economic conditions in countries of origin and transit. In this spirit, Ireland continues to support the EU Trust Fund for Africa and our pledge doubled to six million euro in 2017. The use of awareness-raising campaigns in third countries of origin and transit has been highlighted as an area of particular importance in recent EU discourse, and I understand it will be a priority of the upcoming Austrian EU Presidency. These campaigns seek to warn third country nationals, thinking of travelling to Europe through smuggling channels, of the risks of the crossing.

Ireland supports the opening up of new legal migratory pathways to Europe for third country nationals, as part of efforts to reduce irregular migration and to reduce the numbers of migrants making dangerous journeys across the Mediterranean Sea. Ireland expects to be an active participant in current and future pledges in respect of refugees and other vulnerable persons in need of protection. In this regard, we have pledged to resettle 600 refugees each year in 2018 and 2019 under the EU-UNHCR pledging exercise for the two-year period.

Citizenship Applications

Ceisteanna (105)

Peadar Tóibín

Ceist:

105. Deputy Peadar Tóibín asked the Minister for Justice and Equality the status of an application for citizenship by a person (details supplied). [25946/18]

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 is on-going and I understand that the case is due to be submitted for decision shortly.

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.

Freedom of Information Data

Ceisteanna (106)

Micheál Martin

Ceist:

106. Deputy Micheál Martin asked the Minister for Justice and Equality the number of FOI requests his Department has received since January 2018; the number that were appealed, refused and granted, respectively; the costs that were applied; and if he will make a statement on the matter. [25967/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that from 1 January 2018 up to and including 31 May 2018, my Department has received 372 Freedom of Information Requests.

To date in 2018 no costs have been applied to any FOI request dealt with by my Department.

Please see the following table below for the breakdown sought.

FOI Requests Received

Part-granted/Granted

Refused

Appealed

372

187

78

27

As the Deputy will be aware, because of the timeframe for processing requests under the FOI Act 2014, there will always be a number of live cases on hand yet to be finalised.

Criminal Injuries Compensation Tribunal Data

Ceisteanna (107)

John Curran

Ceist:

107. Deputy John Curran asked the Minister for Justice and Equality the number of claims being brought to the Criminal Injuries Compensation Tribunal each year; the number of claims settled in each year and to date in 2018; the average length of time taken to settle each claim; the number of claims over five years still waiting to be resolved; and if he will make a statement on the matter. [25982/18]

Amharc ar fhreagra

Freagraí scríofa

The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted (General Scheme). Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation.

The information requested is provided in the following table.

Year

Number of Applications Received

Number of Cases in which Payments Made

2012

191

144

2013

228

105

2014

257

75

2015

217

159

2016

210

73

2017

181

31

2018 (to 31 May)

73

10

Total

1,357

597

It is not possible to provide an average length of time to settle each claim as it varies depending on the circumstances of each case. While applications are processed with the minimum of formality compared to court proceedings where compensation is being claimed under the Civil Liability Acts, in making their decisions Tribunal Members must be satisfied that all supporting documentation submitted is in order. In some cases there can be delays pending the availability of all required documentation and some cases are complex in terms of medical conditions being assessed.

Because of the manner in which cases are recorded, in particular cases which are opened but not actively pursued by the applicant, it is not possible to provide the Deputy with the average length of time taken to bring cases to a conclusion and a composite figure for the number of cases actually requiring further deliberation is not readily available. I have asked that these matters are examined with a view to clarifying the position into the future.

Residency Permits

Ceisteanna (108)

Bernard Durkan

Ceist:

108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for renewal of stamp 4 in the case of a person (details supplied); when a decision will issue in the case; and if he will make a statement on the matter. [26003/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for residence permission and a right to work based on their parentage of an Irish citizen child. The application is under consideration at present and INIS will be in contact with the person concerned in due course.

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. The service enables up to date information on such cases to be obtained without the need to seek information by the way of 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.

Question No. 109 answered with Question No. 97.

Juvenile Offenders

Ceisteanna (110, 111, 112)

Róisín Shortall

Ceist:

110. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of charges pressed against juveniles; the number of files relating to juveniles sent to the DPP; and the number of juveniles referred to the Garda youth diversion scheme in each of the past five years, in tabular form. [26011/18]

Amharc ar fhreagra

Róisín Shortall

Ceist:

111. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of cases referred to the national juvenile office by Garda division in each of the past three years, in tabular form; and if he will make a statement on the matter. [26012/18]

Amharc ar fhreagra

Róisín Shortall

Ceist:

112. Deputy Róisín Shortall asked the Minister for Justice and Equality the outcome of referrals to the national juvenile office in each of the past three years by the number of cases relevant to each category; and if he will make a statement on the matter. [26013/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 110, 111 and 112 together.

The operation of the Garda Diversion Programme is monitored by a Committee established under Section 44 of the Children Act 2001, whose annual reports are laid before the Houses of the Oireachtas. These reports provide a breakdown of categories of referrals to the Garda Diversion Programme.

The information requested by the Deputy that is available is provided in the following table. The outstanding information has been requested from An Garda Síochána (as noted in the attachment) and will be provided to the Deputy when received.

Year

Children referred to the Garda Diversion Programme

Charges Pressed against Juvenile Offenders

Juvenile files sent to the DPP

2017

Requested from AGS

Requested from AGS

Requested from AGS

2016

9,451

2015

9,807

2014

9,991

2013

10,420

Number of Children referred to the Garda Diversion Programme by Garda Division

-

2017

2016

2015

Dublin Region

Requested from AGS

3,043

3169

D.M.R Eastern

349

316

D.M.R North Central

664

251

D.M.R Northern

589

774

D.M.R South Central

289

193

D.M.R Southern

469

685

D.M.R Western

683

950

Eastern Region

1,193

1311

Kildare

269

367

Laois/Offaly

257

264

Meath

250

259

Westmeath

179

182

Wicklow

238

239

Northern Region

1,054

951

Cavan/Monaghan

280

267

Donegal

328

282

Louth

298

249

Sligo/Leitrim

148

153

South Eastern Region

1,078

1151

Kilkenny/Carlow

268

252

Tipperary

249

304

Waterford

320

344

Wexford

241

251

Southern Region

1,924

1954

Cork City

628

554

Cork North

284

312

Cork West

181

216

Kerry

338

298

Limerick

493

574

Western Region

1,159

1138

Clare

321

353

Galway

488

474

Mayo

176

166

Roscommon/Longford

174

145

Outside Jurisdiction

0

133

Grand Total

9,451

9807

Outcomes of Referrals to the Garda Diversion Programme

(Please note that “Referrals” records the number of instances for which young people were referred for consideration for Diversion, and that some young offenders were referred in relation to several incidents)

Recommendation

2017

2016

2015

Informal Caution

Requested from AGS

6,251

6,145

Formal Caution

3,614

3,474

Unsuitable for Diversion Programme

5,266

6,913

Restorative Caution

667

891

No Further Action

661

756

*Others

1,156

1,334

Grand Total

17,615

19,513

*Includes requests for further information

Irish Sign Language

Ceisteanna (113)

Margaret Murphy O'Mahony

Ceist:

113. Deputy Margaret Murphy O'Mahony asked the Minister for Justice and Equality the progress that has been achieved to date on social inclusion developments for deaf citizens under the National Disability Inclusion Strategy 2017-2021 and for the strategy to increase the number of sign language interpreters, the development of a registration scheme and quality assurance measures and the development of professional training for sign language interpreters. [26015/18]

Amharc ar fhreagra

Freagraí scríofa

The National Disability Inclusion Strategy 2017 - 2021 sets out a four-year, whole-of-Government approach to improving the lives of people with disabilities both in a practical sense, and also in creating the best possible opportunities for people with disabilities to fulfil their potential. It is intended that the Strategy will make a significant difference over its lifetime to the position of people with disabilities in Irish society.

In respect of the development and expansion of Irish Sign Language (ISL) services for deaf citizens, the commitments can be summarised as follows:

- Extension of ISL remote interpretation service;

- Resourcing of the Sign Language Interpreting Service (SLIS) to increase the number of trained sign Language and deaf interpreters, to put a quality-assurance and registration scheme in place and to provide on-going professional training and development for interpreters;

- Legislation that will ensure that all public bodies provide ISL users with free interpretation when accessing or availing of statutory services.

As the Deputy will be aware, the Irish Sign Language Act 2017 was signed into law in December 2017 and provides for the following:-

- Recognition of the right of ISL users to use ISL as their native language;

- The placing of a duty on public services to provide free interpretation services when accessing statutory services;

- The placing of an obligation on courts to take all reasonable steps to allow persons competent in ISL to be heard in ISL.

The Act will come into operation in December 2020.

The Department of Employment Affairs and Social Protection is responsible for progressing the commitments under the Inclusion Strategy that relate to the extension of the ISL remote interpretation service, the increase in the number of interpreters, the establishment of a quality-assurance and registration scheme and the provision of on-going professional training and development for interpreters. Work has commenced on the implementation of this programme, completion of which is expected by 2021. DEASP will be reporting periodically on its progress in this regard to the National Disability Inclusion Strategy Steering Group, (which comprises the Interdepartmental Committee, the Disability Stakeholders Group and the National Disability Authority), and at local level through its Departmental Consultative Committee.

Garda Station Refurbishment

Ceisteanna (114)

Joan Collins

Ceist:

114. Deputy Joan Collins asked the Minister for Justice and Equality the long-term plan for Sundrive Garda station, Dublin 12. [26022/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. Further, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.

As the Deputy will be aware, the Garda Síochána Building and Refurbishment Programme 2016 – 2021 is an ambitious 5 year building Programme reflecting the priorities of An Garda Síochána, which will benefit some 30 locations throughout the State. I am informed by the Garda authorities that Sundrive Road Garda Station is not included in the Garda Station Building and Refurbishment Programme 2016-2021.

I am, however, informed that, in addition to the Programme, An Garda Síochána seeks where possible to address minor accommodation issues at Garda stations as they arise. In that context and on foot of requests from local management at Sundrive Road Garda Station, I am informed that works have been carried out in order to provide fully serviced storage facilities at the station; and that further works have been sanctioned in respect of the refurbishment of specific areas of the station to enhance the working conditions and to allow for additional personnel.

Other than these works, I am informed that local management at the station has requested additional works, which are under consideration between An Garda Síochána and the OPW having regard to the funding available for maintenance of the totality of Garda accommodation requirements nationwide.

More generally, the Deputy may wish to be aware that the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities and the appropriate structures and management arrangements for delivery of these services is under consideration by the Garda Síochána Inspectorate and the Commission on the Future of Policing in Ireland respectively. Both bodies are expected to report later this year.

Residency Permits

Ceisteanna (115)

Michael Healy-Rae

Ceist:

115. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a Garda National Investigation Bureau, GNIB, card for a person (details supplied); and if he will make a statement on the matter. [26041/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for the renewal of their permission to remain which expired on 16 December 2017. That application is under consideration at present.

Such applications are examined having regard for, among other things, the relevant applicant’s compliance with the conditions attaching to their earlier permission to remain which include; that they have obeyed the laws of the State; that they have not become involved in criminal activity; that they have made every effort to gain employment and not be a burden on the State and that they have resided continuously in the State, allowing for reasonable periods of absence from the State for holidays, exceptional family circumstances or commitments outside the State arising from business or employment carried on within the State. Such factors will also be considered in the context of the case of the person concerned.

Once a decision has been made on this application – to renew or to refuse to renew their permission to remain – this decision will be conveyed in writing.

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.

Prison Service Staff

Ceisteanna (116)

John McGuinness

Ceist:

116. Deputy John McGuinness asked the Minister for Justice and Equality further to Parliamentary Question No. 266 of 17 October 2017, if Cloverhill Prison followed the steps outlined therein; if the management of the prison will be further investigated relative to the cases reported; if the reply provided is simply the Irish Prison Service mission statement; if the steps outlined in the report and in the mission statement are actually followed; and if he will make a statement on the matter. [26069/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Director General of the Irish Prisons Service that all efforts are made to ensure that appropriate support is provided to staff who have been threatened or injured in the course of their duties.

In the absence of specific details of the cases referred to by the Deputy, I am unable to comment further. However, the Director General has informed me that he has not been made aware of any case in Cloverhill Prison that was not dealt with in the manner outlined in my response on 17 October, 2017.

The Director General has assured me that if there is an Irish Prison Service staff member who feels that this is not the case, or that they require further support, that they can contact their Human Resource Governor or the Human Resources Directorate in Irish Prison Service Headquarters who will assist in any way they can.

Legal Aid Service

Ceisteanna (117)

Clare Daly

Ceist:

117. Deputy Clare Daly asked the Minister for Justice and Equality his plans for improved protocols for the operation of legal aid, particularly in family law cases in which failure to submit paperwork and other efforts to delay proceedings are occurring. [26083/18]

Amharc ar fhreagra

Freagraí scríofa

The provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.

I am advised by the Board that it does not stop providing legal aid to a client in the circumstances where the conduct of the other party is delaying the progression of the legal proceedings concerned. It is for the solicitor to advise the client as to what are the next steps that can be taken in terms of progressing the proceedings in such an instance.

There may, depending on the particular circumstances of the case, be remedies available from the Court in relation to proceedings which a party is behaving unreasonably in the conduct of the proceedings. This is at the absolute discretion of the Court.

In addition, Regulation 9 (3)(d) of the Civil Legal Aid Regulations 1996 to 2017 provides for a procedure whereby the Board may, at any time, terminate a legal aid certificate when satisfied that this is justified and in particular may do so where it considers that the legally aided person is behaving unreasonably.

I am also informed by the Board that it has measures in place to quality assure the work carried out by solicitors. This is in the form of best practice guidelines for the conduct of cases as well as regular reviews of legal aid client files by senior managers. Solicitors working in the Law Centres are civil servants and are subject to the Civil Service Disciplinary Code including its provisions with regard to managing underperformance. Private solicitors may be removed from the legal aid panel(s) of which they are members in cases where serious performance issues arise.

The Legal Aid Board operates a complaints procedure whereby any applicants who are not satisfied with any aspects of the service can make a complaint. Details of this procedure are available at every law centre and on the Board's website at www.legalaidboard.ie.

Court Accommodation Provision

Ceisteanna (118)

Michael Healy-Rae

Ceist:

118. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the status of a new courthouse for Tralee, County Kerry; and if he will make a statement on the matter. [26120/18]

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 accommodation for court sittings, 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, as part of its provincial capital building programme, one of the objectives is to provide improved court accommodation in Tralee which is one of a number of provincial city/county town venues nationwide still requiring new or upgraded courthouse accommodation and collectively these venues will be the next priority for investment in courthouse facilities outside the capital.

The Courts Service has advised that it envisages a courthouse comprising four courtrooms and related facilities (consultation rooms, custody facilities, facilities for juries and vulnerable witnesses, and legal practitioner’s suites) as being required to meet current and future needs in Tralee and that this will require a building significantly larger than the existing courthouse on Ashe Street. In terms of providing upgraded court accommodation the refurbishment, extension and development of existing courthouses has always been the Courts Service's preference. However, while this is an option for Tralee, the scope for refurbishing and developing the existing courthouse on Ashe Street to provide the envisaged accommodation is extremely limited due to the nature of the building and the constrained nature of the site.

The Courts Service has also advised that it is currently considering a number of options for Tralee Courthouse, including the level of extension and refurbishment achievable within the confines of the existing courthouse site; whether it would be feasible to acquire an adjacent town centre site and the degree of extension and refurbishment this would allow. Previous efforts to acquire adjacent sites on Ashe Street have not been successful as the sites could not be acquired at a price that represented value for money. A further option is to build a new modern courthouse on a greenfield/brownfield site and a number of potential sites are being considered in this regard. The Courts Service has informed me that a decision has not yet been made and that all options are under review.

A number of developments in relation to Courts Service accommodation requirements are outlined in the Government's recent National Development Plan 2018 -2027. They include:

- Further new or refurbished courthouses in regional cities and county towns where facilities remain substandard (including Galway City, Wicklow Town, Portlaoise, Tralee and Roscommon) and further provincial locations such as An Clochan Liath (Dungloe) to serve as the Gaeltacht court for the region, and Tuam;

- Regional Family Law Centres;

- A nationwide condition survey of all court buildings in the estate will be undertaken to determine their condition and identify works required in relation to any issues identified and meet ongoing maintenance requirements.

The precise allocation and timing of additional funding over the entire ten year period remains to be fully determined. It will be dependent on the outcome of further detailed planning and analysis of costs which will determine prioritisation of projects from a timing and budgetary perspective.

Road Traffic Legislation

Ceisteanna (119)

Róisín Shortall

Ceist:

119. Deputy Róisín Shortall asked the Minister for Justice and Equality the actions he will take to address the problem of quad bikes in view of a recent incident in which a person was seriously injured and many other similar incidents reported over recent times relating to the widespread and dangerous use of quad bikes and scramblers; and the timescale proposed for same. [26129/18]

Amharc ar fhreagra

Freagraí scríofa

At the outset, I would like to express my wishes that the person who was injured last Saturday makes a full and speedy recovery.

The issue of misuse of scramblers and quad bikes is one that is taken very seriously by the Government.

The Deputy is already aware that my officials convened a cross-agency meeting on the misuse of scramblers and quad bikes on 25 April 2018. Represented at the meeting were the Departments of Transport, Tourism and Sport; Housing, Planning and the Environment; and Culture, Heritage and the Gaeltacht; An Garda Síochána; the Road Safety Authority; and the Revenue Commissioners. A separate meeting also took place with a representative from Dublin City Council on 23 April, as the representative unable to attend the cross-agency meeting.

I asked my officials to arrange these consultations to identify whether there are additional legislative or other solutions which can assist in dealing with the misuse of scramblers and quad bikes more comprehensively. I am informed that at this meeting, the issue of the misuse of scramblers within public parks was a particular point of focus.

My officials are now consulting further with local authorities in the context of the many examples of positive engagement fostered by local authorities with local communities, as a number of initiatives and projects are of potential interest insofar as the misuse of scramblers and quad bikes are concerned. Possible options for further discussion include the provision of designated areas, where such vehicles could be used in a safe environment.

The incident in Darndale Park on Saturday underscores the dangers associated with the misuse of these vehicles, particularly in unsuitable environments, where the potential for serious injuries to innocent bystanders exists.

I have requested a Garda report in relation to the incident referred to by the Deputy and I will contact the Deputy directly on receipt of same.

I will continue to actively support any positive actions that can be pursued to counteract the serious public safety issues associated with the misuse of scramblers and quad bikes.

Asylum Applications

Ceisteanna (120)

Bernard Durkan

Ceist:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for leave to remain will be considered in the case of a person (details supplied); and if he will make a statement on the matter. [26142/18]

Amharc ar fhreagra

Freagraí scríofa

If an application for International Protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or their designated legal advisor should contact the International Protection Office directly either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.

Similarly, the International Protection Appeals Tribunal operate an email service which can be contacted by individuals with any queries regarding their application - info@protectionappeals.ie.

Under Section 26 of the International Protection Act 2015, it is an offence to identify an international protection applicant. The offence is punishable by summary conviction to a Class A fine or a term of imprisonment of 12 months or both.

An applicant may appeal a recommendation by an international protection officer that the applicant should not be given a refugee declaration and/or a recommendation that the applicant should not be given a subsidiary protection declaration to the International Protection Appeals Tribunal.

Where an international protection officer recommends that an applicant should be given neither a refugee nor a subsidiary protection declaration, the Minister will consider in accordance with Section 49 of the International Protection Act 2015 whether to give the applicant concerned a permission to remain in the State.

Where the Tribunal affirms a recommendation that the applicant should not be given a refugee declaration and a recommendation that the applicant should not be given a subsidiary protection declaration, the Minister will, upon becoming aware of a change in circumstances or receiving new information from an applicant that had it been in the possession of the Minister when making such decision would have been relevant to that decision, review the decision in relation to permission to remain in the State.

The Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications for International Protection under the International Protection Act 2015 on 27 February 2017, which is available on the website of the International Protection Office www.ipo.gov.ie .

Naturalisation Applications

Ceisteanna (121)

Bernard Durkan

Ceist:

121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for naturalisation has been received including supporting documents from a person (details supplied); and if he will make a statement on the matter. [26143/18]

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, 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 cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Naturalisation Eligibility

Ceisteanna (122)

Bernard Durkan

Ceist:

122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) has sufficient reckonable residency credits to facilitate an application for naturalisation; and if he will make a statement on the matter. [26145/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation from the person referred to by the Deputy. This person currently has permission to reside in the State until 25 October 2018. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended, which governs the granting of Irish citizenship through naturalisation.

Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie . The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the statutory residency requirements are met.

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.

Naturalisation Applications

Ceisteanna (123)

Bernard Durkan

Ceist:

123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when an application for naturalisation will be processed in the case of a person (details supplied); and if he will make a statement on the matter. [26150/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy, continues to be processed and 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.

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