Written Answers Nos. 230-247
230. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the case for residency status submitted for consideration in the case of a person (details supplied) has been examined; and if he will make a statement on the matter. [26211/18]
Amharc ar fhreagraI am advised by the Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 11th March 2005 and therefore has no entitlement to residency in the State.
Representations were received on behalf of the person concerned pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Order. In the meantime, the Deportation Order remains valid and in place.
The person concerned was required to present at the Offices of the Garda National Immigration Bureau on 19 May 2005, to make arrangements for his deportation from the State. The person concerned failed to present on that occasion and is therefore recorded as a person who is evading deportation.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by email 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 email service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.
231. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if there are plans to opt into the EU e-evidence legislation proposed in Directive COM/2018/226 and regulation COM/2018/225; and if he will make a statement on the matter. [26240/18]
Amharc ar fhreagraThe recently published proposals for a “Regulation of the European Parliament and of the Council on European Production and Preservation Orders for electronic evidence in criminal matters (COM (2018) 225)” and an associated “Directive of the European Parliament and of the Council, laying down harmonised rules on the appointment of legal representatives for the purposes of gathering evidence in criminal proceedings ((Com 2018) 226)” represents the culmination of almost two years work by the EU Commission.
The Regulation and Directive seek to provide a firm legal basis by which law enforcement agencies within the EU Member States may seek the preservation of, and access to, data held by certain service providers in the communications sector. It is a response to calls by Member States, law enforcement agencies and industry for the regulation of this sector. The publication of the Regulation and the Directive follows an extensive period of consultation by the Commission with Member States, industry and civil society.
The proposed Regulation introduces binding European Production and Preservation Orders. Both orders are required to be issued by a judicial authority (a prosecutor or a judge). An order can be issued to seek preservation or production of data that is stored by a service provider located in another jurisdiction. Such orders may only be issued if a similar measure is available for the same criminal offence in a comparable domestic situation in an issuing State.
The proposed Directive makes it mandatory for relevant service providers to designate a legal representative to receive and comply with orders issued under the proposed Regulation.
The legal basis of the proposed Regulation is Article 82 of the Treaty of the Functioning of the European Union. Article 82(1) provides that measures may be adopted in accordance with the ordinary legislative procedure to lay down rules and procedures for ensuring recognition throughout the Union of all forms of judgments and judicial decisions.
The legal basis of the proposed Directive is Articles 53 and 62 of the Treaty on the Functioning of the European Union. As such, it is binding on all States, including Ireland, and there is no opt out facility afforded to Ireland where the Directive is concerned.
This proposed Regulation falls under "Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union". The Regulation requires the approval of the Oireachtas under Article 29.4.7 of the Constitution for Ireland to opt into it.
It is my intention to seek the approval of Government to take the necessary measures to seek Oireachtas approval for Ireland to opt into the Regulation at a suitable juncture.
232. Deputy Michael McGrath asked the Minister for Justice and Equality if new Garda recruits are still being drawn from those who applied in 2016; when persons who applied in 2017 and who have completed all stages in the process will be contacted with a formal offer of employment; and if he will make a statement on the matter. [26250/18]
Amharc ar fhreagraAs the Deputy will be aware, the recruitment process for An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013. The Public Appointments Service (PAS), on behalf of the Garda Commissioner, manages the initial stages of the process with the final stages, involving a physical competency test, a medical examination and vetting of candidates, being managed by the Garda Commissioner. As Minister, I have no direct involvement in the matter.
I am informed by the Commissioner that the time frame for completing the final stages can vary due to a number factors. These include the length of the vetting process which may, for example, be more time consuming if the applicant has resided abroad; whether the applicant has to repeat the physical; or is deferred for medical reasons. Positions in the Garda College are only offered when all stages of the application process are completed and in accordance with an applicant’s place on the Order of Merit.
As the Deputy will be aware 800 new recruits will enter the Garda College this year. So far some 400 have done so in two in-takes. Two further in-takes are planned for July and October.
I am informed by the Commissioner that some successful candidates are still being called from the 2016 competitions. I am further informed that 75 successful candidates from the 2017 competition have already entered the College this year. It is anticipated that further candidates from the 2017 competition will enter the College in the remaining in-takes for this year subject to candidates successfully completing the final stages of the process as outlined above.
The Deputy may wish to note that all applicants remain on the panel until such time as they are offered a place in the Garda College with the exception of those who are deemed unsuitable, fail the Medical or Physical Competence Test (PCT) or withdraw from the competition.
I would advise any candidate for a position as a Garda trainee to contact the PAS or the Garda Appointments Office if they have any queries in relation to their application.
233. Deputy Ruth Coppinger asked the Minister for Justice and Equality if the censorship of publications legislation will be revised in view of the low volume of publications referred in recent years; and if he will make a statement on the matter. [26254/18]
Amharc ar fhreagraThe Deputy will be aware that censorship of publications in the State occurs pursuant to the Censorship of Publications Acts, 1929 to 1967 and is administered by two statutory boards as follows:
- The Censorship of Publications Board which was established under the Censorship of Publications Act 1929, and
- The Censorship of Publications Appeals Board which was established under the Censorship of Publications Act 1946.
Secretariat support for each of these Boards is provided by the Irish Film Classification Office (IFCO) which is an independent statutory body operating under the aegis of the Department of Justice and Equality.
It is my intention to keep the censorship of publications legislation under review, and in particular to consider this matter in the context of a planned Periodic Critical Review of IFCO, along the lines envisaged in the Department of Public Expenditure and Reform’s Code of Practice for the Governance of State Bodies (2016).
235. Deputy Mick Wallace asked the Minister for Justice and Equality the way in which single adults residing in direct provision are sharing rooms; the number who have been sharing rooms for over 12 and 24 months, respectively; the range of beds per room in shared rooms, that is, the highest number of beds to the lowest number of beds; and the average number of beds per room in shared rooms across the direct provision portfolio. [26271/18]
Amharc ar fhreagraAccommodation centres under contract to the Department have a limited number of rooms for single adults and most single adults share rooms. The capacity of each room is entirely dependent on the size of the room as per building regulations. The number of persons actually allocated to the room will depend on that capacity. Currently, the numbers allocated to individual rooms vary and in a very small number of cases it could be up to six persons.
Statistics are not collated on the basis of room sharing and there are no available statistics to illustrate how long such persons have been sharing rooms.
236. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the average financial penalty imposed through the court system on persons found guilty of driving without a motor insurance policy in place and that being the first offence committed; his plans to further strengthen legislation in this area for the future to deter persons from driving uninsured; and if he will make a statement on the matter. [26294/18]
Amharc ar fhreagraAs 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 provided a Report on the average fine imposed by the courts for driving without motor insurance. This is not confined to those who committed their first offence. Court statistics are not compiled in such a way as to provide information on fines issued to first offenders only.
|
Year |
Average Fine |
|
Jan - Dec 2015 |
€395.23
|
|
Jan - Dec 2016 |
€388.03
|
|
Jan - Dec 2017 |
€377.06
|
As road traffic legislation is the responsibility of my colleague, Shane Ross, T.D., Minister for Transport, Tourism and Sport, the question of any amendments of the legislation is a matter for consideration by him.
237. Deputy Micheál Martin asked the Minister for Justice and Equality his views on the number of unlicensed guns in circulation; the actions being taken to address the matter; and if he will make a statement on the matter. [26296/18]
Amharc ar fhreagraI wish to advise the Deputy that An Garda Síochána tackles the issue of illegal firearms on an ongoing basis through a range of targeted and intelligence based operations, often disrupting and preventing incidents, as well as detecting and prosecuting those involved. Heavy penalties are already provided in our criminal legislation for weapons offences, including mandatory minimum penalties for certain firearms offences. A report from the Garda Commissioner has been sought on this matter and I will write further to the Deputy when this is to hand.
In relation to firearms which have been licensed and for which a license is not renewed, I am advised that An Garda Síochána conduct a central monthly audit which is disseminated to Garda Divisions and any unusual trends will cause an alert and notification to be issued as and where appropriate. In addition, there is engagement by Garda Headquarters with officers engaged in the firearms licensing process throughout the jurisdiction with a particular focus on ensuring a proactive approach in managing renewals of any firearms certificates outstanding for their respective areas of responsibility.
238. Deputy Micheál Martin asked the Minister for Justice and Equality the status of implementation programme on the modernisation of the An Garda Síochána launched in 2015, in tabular form; and if he will make a statement on the matter. [26297/18]
Amharc ar fhreagraThe Government approved a major Five Year Reform and High Level Workforce Plan for An Garda Síochána in July 2016 based on the implementation of the Garda Inspectorate’s recommendations contained in its report "Changing Policing in Ireland" in tandem with the delivery of the Government’s commitments in relation to increasing the overall Garda workforce to 21,000 by 2021. The Government further agreed that the plan would be implemented as part of the Garda Commissioner's Modernisation and Renewal Programme 2016-2021.
The Policing Authority, at the request of my predecessor, is performing an important task in overseeing this process and in supporting the Gardaí in implementing the reform agenda. It is required to report to me, as Minister, every four months. To date it has submitted five reports, the most recent of which I received on 15 June last. For a comprehensive assessment of progress on the implementation of the reform programme I would refer the Deputy to the four progress reports which have been published and are available on my Department’s website at www.justice.ie.
The role of the Policing Authority in delivering the full implementation of the reform agenda is of critical importance. It brings a capacity to engage intensively with An Garda Síochána and maintain a sustained focus on what is actually being done and what is being achieved on the ground. Its reports reflect this rigorous approach and provide a very solid basis for engagement between my Department and An Garda Síochána in relation to the programme.
To support An Garda Síochána in addressing any concerns highlighted by the Authority in its assessment, a structured process of engagement is in place between my Department and An Garda Síochána to identify and agree corrective actions. This engagement, which includes formal meetings at senior official level with the responsible Deputy Commissioner, the Chief Administrative Officer and the Executive Director of Strategy and Transformation of An Garda Síochána will now consider any issues raised in the Authority’s fifth report. My Department will make arrangements for its publication as soon as practicable.
239. Deputy Micheál Martin asked the Minister for Justice and Equality the number of Garda cars based in Cabra Garda station; the area which they cover; and if he will make a statement on the matter. [26298/18]
Amharc ar fhreagraThe Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. Indeed in the period 2013 to the end of 2017 almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream in that period to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles across the various Garda divisions are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. As Minister, I have no direct role in that matter.
I have been informed by the Garda authorities that Cabra Garda Station covers sections of the Navan Road to Ashtown Gate which includes Cabra and sections of the Phoenix Park. Cabra Garda Station is in the Blanchardstown – K District of DMR West Division. I am further informed that there are 42 Garda vehicles attached to the K District of DMR West Division, 2 of which are attached to Cabra Garda Station.
I understand that the allocation of Garda vehicles is monitored and reviewed by the Garda authorities on a continual basis and that vehicles are allocated between districts as required by operational circumstances.
240. Deputy Micheál Martin asked the Minister for Justice and Equality if he is reviewing the anti-social behaviour orders in view of the increased level of violent behaviour in communities across Dublin and other cities; and if he will make a statement on the matter. [26299/18]
Amharc ar fhreagraAn Garda Síochána remains committed to tackling public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities, businesses (in particular the night-time economy) and other stakeholders to help address the causes of anti-social behaviour.
I am, of course, aware of the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014 in the U.K., which replaces 'traditional' ASBOs with an injunction (a civil order) and a Criminal Behaviour Order (CBO). I can assure the Deputy that officials in my Department keep all legislation under constant review and will also continue to monitor the implementation of the new measures adopted in the U.K. Of course, if the Deputy has any specific proposals that he wishes to make in relation to ASBOs, or indeed the legislation governing them, I would be happy to examine them.
In setting up the ASBO regime in Ireland back in 2007, these interventions - warnings, good behaviour contracts and referrals to the Juvenile Diversion Programme - were intended to address the problem behaviour. The rationale was that if they succeeded, there would be no need to apply to the courts for an order. It was only if they failed to lead to a behaviour adjustment by the person in question that a court order would then be applied for.
It is widely acknowledged that the use of ASBOs is only suitable in certain circumstances and indeed it is only one crime prevention option open to An Garda Síochána in tackling this type of behaviour. As the Deputy will be aware, An Garda Síochána already employs a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour. These measures are underpinned by a comprehensive legal framework. Of course, addressing local community concerns in relation to public order and anti-social behaviour is a key focus in An Garda Síochána's National Community Policing Model and a range of strong legislative provisions are available to An Garda Síochána in this regard, including those under:
- the Criminal Damage Act 1991;
- Criminal Justice (Public Order) Act 1994;
- the Criminal Justice (Public Order) Act 2003; and
- the Intoxicating Liquor Acts 2003 and 2008.
While An Garda Síochána will continue to tackle this problem head-on, they cannot eradicate the problem of anti-social behaviour alone. In relation to our young, it is up to us all, particularly the parents and guardians, to ensure that children are brought up to be respectful and law-abiding. These lessons begin in the home, are further reinforced in our schools and then by society in general. We must all work together to ensure that such behaviour is never normalised and is tackled immediately.
Anti-social behaviour has no place in a civilised society. For its part, the Government remains committed to ensuring that An Garda Síochána have all the necessary resources to tackle all forms of criminality in our communities. In this context, the Deputy will be aware that a very substantial budget of €1.65 billion has been allocated to the Garda Vote for 2018 and €98.5m has been provided for Garda overtime for 2018, which inter alia supports Garda activity to tackle these types of problems.
Clearly, Garda visibility is very important and this Government remains committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To this end, the House will be aware that 800 Garda trainees are scheduled to attest during 2018, some 200 of whom attested in March, with a further 200 attesting recently. The new recruits are visible proof of the Government’s commitment to an overall Garda workforce of 21,000 personnel by 2021 including 15,000 Garda members.
241. Deputy Micheál Martin asked the Minister for Justice and Equality if he will report on the recent committee set up to oversee reform of his Department; the number of times it has met; the progress being made; and if he will make a statement on the matter. [26300/18]
Amharc ar fhreagraAs the Deputy is aware, an independent change implementation group - the “Effectiveness and Renewal Group for the Department of Justice and Equality” was established in January to review and support the process of reform in my Department.
The Group has been engaging directly with my Department, its external stakeholders and others in conducting its work. The Group has been asked to provide an initial report to the Government and the Oireachtas by the end of June, and to report on a quarterly basis thereafter. I, as Minister for Justice and Equality, will then review arrangements and provide a progress report and recommendations for any further action in the first quarter of 2019. The Group has been working steadily since its appointment and I am grateful to its members for their commitment to this important work. I understand they are on track to provide their interim report within the specified timescale.
242. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the steps taken on foot of receipt of the submission from GSOC in January 2018 calling for legislative overhaul of the body; and if he will make a statement on the matter. [26326/18]
Amharc ar fhreagraAs the Deputy will be aware, in April 2017 the Government approved the drafting of the heads of a Bill to address a number of matters related to the operation of the Garda Síochána Ombudsman Commission (GSOC) and the procedures related to the receipt and processing of complaints under the Act.
Meanwhile, in May 2017, the Government established the Commission on the Future of Policing in Ireland. Its remit requires it to review the police oversight architecture including how complaints against members of An Garda Síochána are handled. The Commission is due to report in September and I look forward to receiving its proposals.
In parallel with the Commission's review, GSOC sent me, in December 2017, its proposals for reform of the 2005 Act. Given its remit, I referred these proposals to the Commission as an input to its work. I am aware that GSOC has engaged with the Commission in its own right. In view of the timeframe for the Commission on the Future of Policing to present its report, I expect to address GSOC's proposals as part of the consideration of wider legislative proposals which I expect to follow from the Commission's report.
243. Deputy Noel Rock asked the Minister for Justice and Equality if his attention has been drawn to the decision in relation to the employment permit for a person (details supplied); if an exception can be made to allow them to continue working in their job with a change of status to a stamp 4; and if he will make a statement on the matter. [26328/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person's application for permission to remain in the State has been considered and that the person concerned has been notified of the decision.
The original application was received from the person concerned on 2 November 2017 and a decision letter issued on 17 January 2018.
On 22 March 2018 a review of the original application was requested as an exceptional measure. A decision letter in response to this exceptional request for a review of the original application was issued on 28 May 2018.
The policy in relation to the eligible and ineligible categories of employment for employment permits is a matter for my colleague, the Minister for Business, Enterprise and Innovation.
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.
244. Deputy Noel Rock asked the Minister for Justice and Equality the number of licences the Property Services Regulatory Authority has removed from management agents since it was formed in 2011; and if he will make a statement on the matter. [26329/18]
Amharc ar fhreagra245. Deputy Noel Rock asked the Minister for Justice and Equality the number of actions the Property Services Regulatory Authority has taken against management agents; and if he will make a statement on the matter. [26330/18]
Amharc ar fhreagra247. Deputy Noel Rock asked the Minister for Justice and Equality the number of cases the Property Services Regulatory Authority has supported or provided advice for against management agents; and if he will make a statement on the matter. [26332/18]
Amharc ar fhreagraI propose to take Questions Nos. 244, 245 and 247 together.
The Property Services Regulatory Authority was established on 12 April, 2012. As part of its statutory remit, the Property Services Regulatory Authority is responsible for investigating complaints of improper conduct against licensed property services providers in the State. In cases of complaints where improper conduct is confirmed as having taken place, the Authority may impose a minor or major sanction. All major sanctions, which would include revocation of a licence, must be confirmed by the High Court, either on application by the Authority, or following an appeal by the licensee who is the subject of the sanction. The Authority is also the prosecuting authority for all offences described in the Act. All prosecutions to date have been for providing property services without a licence in breach of section 28 of the Act.
Property Management Agent is just one of four types of property service for which a licence is required, the others being auctioneer, estate agent and letting agent. To date no property management agent has been the subject of a major sanction, including revocation of licence, or a prosecution under the Act. However, the Authority has removed one holder of all four licence types, including property management agent, from the Register of Licensed Property Services Providers as it is obliged to do under section 40(2) of Act when it becomes apparent that a licensee has ceased to provide property services. This removal took place at short notice arising from the sudden closure of the licensee who was the subject of an investigation into a number of complaints.
As a State agency, the Authority must carry out all of its assigned duties in a fair and impartial basis. The Authority has no role or remit in supporting, or providing advice against, any party to a dispute, including a licensee.
246. Deputy Noel Rock asked the Minister for Justice and Equality the supports the Property Services Regulatory Authority has provided for owners' management companies; and if he will make a statement on the matter. [26331/18]
Amharc ar fhreagraThe Property Services Regulatory Authority (PSRA) has no function in relation to owners' management companies. While the PSRA licenses and regulates property management agent services (the PSRA also regulates other property service providers such as auctioneers and estate agents), owners' management companies are not within the statutory remit of the PSRA which operates pursuant to the provisions of the Property Services (Regulation) Act 2011.
