Written Answers Nos. 399-422
399. Deputy Brian Stanley asked the Minister for Justice and Equality the amount of funding that was drawn down in respect of community-based CCTV systems in cases in which there is funding from 2017 and 2018. [44964/18]
Amharc ar fhreagra421. Deputy Carol Nolan asked the Minister for Justice and Equality the number of applications for funding made under the rural CCTV scheme; the number approved; the number that have issued since 1 January 2017; and the number of approved applicants that have local match funding in place but have not yet received grant aid. [45444/18]
Amharc ar fhreagraI propose to take Questions Nos. 399 and 421 together.
The Deputy will be aware that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In pursuance of this commitment, a grant-aid scheme was launched by my Department in 2017 to assist groups in the establishment of community-based CCTV systems in their local areas. It is intended that the scheme will run for 3 years with funding of some €1 million being made available each year.
There have to date been 27 applications to the scheme. 20 applications have been approved, with grant aid totalling more than €500,000 approved from the total €1 million available for 2018. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.
Successful applicants receive an up-front payment of 50% of the grant upon approval of the application; with the balance paid when the system is confirmed to be fully operational.
The Garda authorities inform me that they have paid out in excess of €90,000 in relation to 5 Community CCTV projects, either for the initial 50% payment or balancing payment, based on instructions from my Department. I anticipate that further and substantial grants will be issued shortly in respect of the 14 applications which have recently been approved for grant-aid funding. The successful applicants in the final approved application referred to above have not yet sought to draw down the approved funding.
As I have said in the past, I am keen to ensure that all interested groups, in both rural and urban areas, have the opportunity to take advantage of the availability of this grant aid scheme. Under the scheme, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system up to a maximum total of €40,000. Full details of the grant aid package are available to download from my Department's website www.justice.ie and support and guidance is available to help interested groups to apply for this funding through a dedicated email address communitycctv@justice.ie.
400. Deputy Brian Stanley asked the Minister for Justice and Equality if a decision has issued on the impasse of the data controller for rural community CCTV systems. [44965/18]
Amharc ar fhreagraThe Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither type of CCTV system may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.
Community CCTV is governed by section 38 of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must-
- be approved by the local Joint Policing Committee,
- have the authorisation of the Garda Commissioner, and
- have the prior support of the relevant local authority, which must also act as data controller.
This is the legal basis for all community CCTV schemes, regardless of whether or not grant funding is sought from my Department to assist in their establishment.
In accordance with this legal framework, I understand that the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant-aid scheme administered by my Department, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.
Nonetheless, my Department is engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, to clarify any queries arising and to assist in resolving any concerns.
The Deputy may also wish to be aware that the Data Protection Commissioner’s Office has confirmed as recently as May of this year that it does not have any concerns on the legislative basis for CCTV. However it is currently conducting an audit of the practice, operation and governance of CCTV. We expect findings from this process to be of assistance to all concerned and in particular to local authorities.
Finally, I would recall that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In pursuance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.
There have to date been 27 applications to the scheme. 20 applications have been approved, with grant aid totalling more than €500,000 approved from the total €1 million available for 2018. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.
I am keen to ensure that all interested groups, in both rural and urban areas, take advantage of the availability of this grant aid scheme. If the Deputy is aware of community groups wishing to avail of the scheme, I would point out that full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups to apply for this funding through a dedicated email address communitycctv@justice.ie.
401. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the capital and current budget allocation for the Reception and Integration Agency in each year since it was established; and the breakdown of the programme spend within both the capital and current side in tabular form. [44980/18]
Amharc ar fhreagraThe Reception & Integration Agency (RIA), which is an operational unit of the Department of Justice and Equality, was established on 2 April 2001 and had no formal expenditure budget allocated to it in that year.
The budgetary allocation of RIA consists entirely of current expenditure. Any capital costs related to the build or maintenance of State-owned centres was and is borne by the Office of Public Works.
The budgetary allocations and outturn for current expenditure for the years 2002 to date are outlined in the following table. The spend in 2001 is also shown.
|
Year |
Allocation (Million) |
Outturn (Million) |
|
2001 |
€54.3 |
|
|
2002 |
€77 |
€84 |
|
2003 |
€73 |
€76 |
|
2004 |
€69.3 |
€83.6 |
|
2005 |
€71.1 |
€83.8 |
|
2006 |
€74.01 |
€78.7 |
|
2007 |
€70.02 |
€83.2 |
|
2008 |
€74.3 |
€91.5 |
|
2009 |
€67.39 |
€86.5 |
|
2010 |
€77.49 |
€79 |
|
2011 |
€67.49 |
€69.5 |
|
2012 |
€63.5 |
€62.3 |
|
2013 |
€57.2 |
€55.2 |
|
2014 |
€51.9 |
€53.7 |
|
2015 |
€51.9 |
€57.02 |
|
2016 |
€69.12 |
€64.14 |
|
2017 |
€66.64 |
€63.54 |
|
2018 |
€66.44 |
€76 (estimated) |
402. Deputy Catherine Murphy asked the Minister for Justice and Equality if An Garda Síochána plans to pilot the use of green energy powered moped or motorcycles as part of its traffic corps based in larger towns and cities; the number of green energy powered cars in the overall Garda vehicle fleet; if there are plans to introduce green energy vehicles to the Garda fleet that would not require high speed pursuit capability; and if he will make a statement on the matter. [45001/18]
Amharc ar fhreagraThe Deputy will be aware that there has been very significant investment in Garda resources across the State in recent years. The 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, in addition to the investment of almost €30 million in the period 2013 to 2015. In total in the period 2013 - 2017, almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream.
Decisions in relation to the provision and allocation of Garda vehicles across Garda Divisions, including the potential use of 'green energy' vehicles, are a matter for the Commissioner in light of his identified operational demands and the availability of resources. As Minister, I have no direct role in that matter. I understand however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure their optimum use.
I am informed by the Garda authorities that the feasibility of the use of hybrid or electric vehicles is under consideration within An Garda Síochána. I am informed that 2 electric vehicles were purchased by An Garda Síochána this year, in order to evaluate the potential and limitations of electric vehicles in Garda operational environments. Once fitted out, these vehicles will be allocated under pilot conditions.
More generally, the Deputy may wish to be aware that An Garda Síochána has been involved in the Public Sector Energy Reporting Programme since 2011 and has achieved a 25.7% improvement in energy efficiency up to 2017, against the National Energy Efficiency Action Plan (NEEAP) 33% energy efficiency target by 2020. In relation to the fleet, I am advised by the Garda authorities that the majority of efficiencies have been achieved from the conversion from petrol to diesel.
403. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in considering a submission, requested documentation or both from a person (details supplied); and if he will make a statement on the matter. [45029/18]
Amharc ar fhreagraThe person concerned is the subject of a Deportation Order which remains valid and in place.
It is open to the person concerned to submit representations requesting that the Deportation Order be revoked, pursuant to Section 3(11) of the Immigration Act 1999 (as amended). However, I wish to make clear that such an application would require substantial grounds to be successful.
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.
404. Deputy Robert Troy asked the Minister for Justice and Equality his views on the fact that it is taking up to two years for immigration services to make a decision on applications under section 3 of the Immigration Act 1999; his views on whether this is an excessive amount of time to decide on such cases; and if he will make a statement on the matter. [45037/18]
Amharc ar fhreagraConsiderations under Section 3 of the Immigration Act 1999 arise in a wide range of circumstances and require detailed consideration before a final decision is made as to whether a deportation order is made or leave to remain is granted. Sometimes this comes at the end of an earlier process whereby an application for one form or another of immigration permission has been considered and not granted. Other considerations under Section 3 arise when persons have been found to be in the State illegally and have never engaged with the immigration authorities as required by law.
Before any decision is made, a detailed consideration of all aspects of the case is carried out. Written representations can be made and a full consideration is carried out as prescribed in section 3(6) of the 1999 Act. This includes: the age of the person, the duration of their residence in the State, their family and domestic circumstances, the nature of their connection with the State, if any, their employment (including self-employment) record and employment (including self-employment) prospects, their character and conduct, including any criminal convictions, any humanitarian issues associated with their case, the common good and considerations of national security and public policy.
This detailed consideration must also include an assessment of that person’s right to a family and a private life, as provided for under Article 8 of the European Convention on Human Rights (ECHR), and regard must be had for the constitutional rights of any Irish citizens directly associated with the case. A refoulement consideration must also be carried out, essentially to consider the safety of returning the relevant person to their country of origin, having regard for the political and human rights conditions prevailing in that country of origin at the material time. Only after all these matters have been considered, and evidence-based conclusions drawn, can a final decision be made.
The Deputy will appreciate that no two cases of this nature will be the same in terms of their complexity and accordingly the duration of processing times will vary. The Irish Naturalisation and Immigration Service (INIS) give precedence to certain case types to ensure that, insofar as it is possible to do so, the cases requiring priority attention are given such attention. This includes cases requiring early and humanitarian attention.
Given the life-changing consequences for the persons impacted by these decisions, it is essential that the correct and appropriate decision be reached in each case rather than a quick decision be made to satisfy a particular processing time-frame. Obviously, it is the objective that all cases are processed as quickly as possible and in that regard, I can advise the Deputy that well over 1,000 such cases are decided upon each year. This forms just part of the overall caseload of INIS who process in the region of 250,000 cases each year.
405. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has considered recent suggestions from a person (details supplied) that proposed Government legislation should be assessed for the likely impact on litigation; if a litigation impact assessment for all legislation being produced by his Department will be considered; and if he will make a statement on the matter. [45068/18]
Amharc ar fhreagraAs I indicated in my previous reply to this question on 18 October last, the position is that a significant amount of work is done on Government Bills before publication of the scheme of a Bill is approved by Government. This would include, where necessary, consideration by Government of the impact a piece of legislation would have on the work of the courts. This is particularly so in relation to Bills emanating from my Department, where there is regular consultation with the Courts Service.
I would point out that the existing Guidelines on How to conduct a Regulatory Impact Analysis issued by the Government in 2009 already provide that the type of impacts being suggested by the Deputy may be taken into account when compiling an RIA.
406. Deputy Peter Burke asked the Minister for Justice and Equality if it is possible to request a list of convictions in relation to a person (details supplied); the way in which such data is stored and accessed by employers and the general public; if there is a time limit placed on such information; and if he will make a statement on the matter. [45098/18]
Amharc ar fhreagraSubject to the Data Protection Acts, every individual has a right to access their personal data, including convictions, which is held by An Garda Síochána. Information on how to submit a data protection disclosure to An Garda Síochána is available on the Garda website www.garda.ie.
I have been informed by the Garda authorities that the records in respect of prosecutions or court outcomes such as convictions are retained by An Garda Síochána by electronic means.
Personal data is only disclosed by An Garda Síochána to relevant authorised persons in the execution of its legitimate policing function and the only other time that the personal data of any individual data subject is disclosed to a third party is with the written authorisation of that data subject to issue such disclosure.
You may wish to note that in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016, the National Vetting Bureau provides vetting for persons seeking employment in Ireland with registered organisations where the employment involves substantial unsupervised access to children or vulnerable adults. The primary purpose of such employment vetting is to seek to ensure the safety of children and vulnerable adults.
I am further informed that the position in respect of personal data, is that all files containing such data are made or received within the course of the business of An Garda Síochána. An Garda Síochána is a Scheduled Body within the meaning of Section 1 of the National Archives Act 1986 and is, therefore, legally obliged to retain and preserve records, including in respect of prosecutions and court outcomes, in accordance with the National Archives Act 1986.
The Deputy may also wish to note that in the context of employment vetting, the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 sets out in detail the arrangements in law whereby certain past convictions may not be disclosed and may be regarded as spent. This Act made a series of amendments to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 in respect of the arrangements for the disclosure or otherwise of past convictions in the context of the vetting process.
407. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the waiting times for processing entry visas in the Irish Naturalisation and Immigration Service; and the way in which this compares to 12 months ago. [45118/18]
Amharc ar fhreagraI have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that decisions regarding the grant or refusal of visas are made in a number of INIS Visa Offices overseas, the INIS Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs and Trade, which process certain visa applications under delegated sanction from my Department.
The processing times for visa decisions are published on the Visa pages of each Visa Office and Embassy website. The following table sets out the processing dates as of 5 November 2018 and, for comparison, on 31 October 2017 up to which date applications received in the Dublin Visa Office had been processed.
|
Purpose of visa applications |
Processing Date as of 5 November 2018 |
Processing Date as of 31 October 2017 |
|
Visit |
17 October 2018 |
14 September 2017 |
|
Business |
16 October 2018 |
04 October 2017 |
|
Conference/Event |
12 October 2018 |
03 October 2017 |
|
Join Family (under national legislation) |
13 June 2018 |
16 April 2017 |
|
Study |
1 October 2018 |
21 August 2017 |
|
Employment |
16 October 2018 |
04 October 2017 |
|
Other* |
12 October 2018 |
03 October 2017 |
*Includes training; exam; performance/tournament; and sundry applications.
It should be noted that target times for visa processing are established as a business target reflecting the detailed and often complex assessment required to be carried out in relation to applications and do not constitute a legal obligation.
I am also advised by INIS that the visa service is currently experiencing an increase in the number of visa applications across most categories of persons wishing to come to Ireland for a variety of purposes, and in line with increased economic activity generally. Notwithstanding, processing times are on a par and in many cases have been significantly improved upon compared to those at the corresponding date last year.
The processing time at each office and location worldwide is determined by a number of factors, such as the volumes and complexity of applications, whether investigation is required or not, individual circumstances, peak application periods - now just coming off the busiest time of the year for visa applications generally - seasonal factors, and the resources available. While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result.
In relation to applications under the Free Movement Directive (2004/38/EC), there had been an exponential increase from the second quarter of 2015 in the number of such applications. That gave rise to a caseload of around 10,500 applications which had to be assessed very carefully to ensure that any fraudulent applications or potential abuses of the Directive were detected and dealt with appropriately. Considerable progress has been made in that regard with the majority of these applications now processed.
The central concern, as with all visa services worldwide, in deciding on visa applications, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.
408. Deputy Thomas Pringle asked the Minister for Justice and Equality if his attention has been drawn to recruitment and retention issues within An Garda Síochána in County Donegal; the efforts carried out to date to ensure adequate numbers of gardaí are present in the county; and if he will make a statement on the matter. [45137/18]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who has responsibility to manage and control generally the administration and business of the Garda Síochána, including by arranging for the recruitment, training and appointment of its members and civilian staff and I, as Minister, have no direct involvement in the matter.
The personnel strength of An Garda Síochána in the Donegal Division as of 30 September 2018 is approximately 400. A breakdown of personnel attached to the Donegal Division is available on my Department’s website at www.justice.ie. A total of 42 probationer Gardaí have been allocated to the Donegal Garda Division since 2015 following the lifting of the moratorium on Garda recruitment. This includes the allocation of 14 probationers to date in 2018, and it is envisaged that the Donegal Division will receive a further allocation of personnel from the Garda College in December 2018.
I am informed by the Commissioner that the resourcing of each Garda division is fully considered within the overall context of the needs and requirements of Garda divisions throughout the country. Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.
The allocation and transfer of Garda Personnel is determined by a number of factors, including crime and non-crime workload, minimum establishment, population, area, policing arrangements, operational strategies and transfers applications, including welfare issues. When allocations are taking place, comprehensive consultation is carried out with Local Management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.
The Deputy will be aware An Garda Síochána is currently undertaking a programme of accelerated recruitment, as part of the Government’s commitment to a strengthened service through the Five Year High Level Reform and Workforce Plan to achieve an overall workforce of 21,000 personnel by 2021, including 15,000 Garda members. To support the Commissioner in this recruitment, I have also secured funding in Budget 2019 which facilitates the recruitment of up to 800 more Gardaí next year. The Budget also provides for the necessary civilian Garda staff to fill critical skills gaps and enable the further redeployment of Gardaí to front line duties.
409. Deputy Thomas Pringle asked the Minister for Justice and Equality the reason for the low rates of driver drug tests in County Donegal; and if he will make a statement on the matter. [45140/18]
Amharc ar fhreagraI have requested a report from An Garda Síochána further to the Deputy's question and I will be in contact with the Deputy again on receipt of a Garda report.
410. Deputy Clare Daly asked the Minister for Justice and Equality if additional resources are or will be provided to the INIS to facilitate the speedy processing of cases affected by the Luximon judgment; and if not, the reason therefor. [45145/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the primary consideration is to process applications affected by the Luximon and Balchand judgments of the Supreme Court in compliance with legal requirements.
INIS has taken a number of measures to address the cohort of complex cases associated with the judgments including the assignment of additional staff resources and the sanction of overtime. I am also advised that the resources available for these activities, and the accompanying operational and organisational structures, are kept under ongoing review to ensure that resources are deployed as efficiently as possible.
The Deputy may be aware that I launched a new scheme last month which allow certain non-EEA nationals, who came to Ireland to study between January, 2005 and December, 2010, to apply for permission to remain in the State.
Eligible applicants may apply for a permission to remain in the State including the right to reside and work in the State and will be subject to renewal after two years. The scheme is open for on-line applications until 20 January, 2018. Persons concerned may wish to consult the INIS website at www.inis.gov.ie for further information.
411. Deputy Clare Daly asked the Minister for Justice and Equality his plans to amend the relevant legislation so that children born here since the twenty-seventh amendment of the Constitution in 2004 and who have consequently been denied citizenship rights no longer face being deported to countries they may have never visited; and if he will make a statement on the matter. [45146/18]
Amharc ar fhreagra439. Deputy Clare Daly asked the Minister for Justice and Equality his plans to introduce the necessary legislative changes in order that children born here to non-Irish parents do not have to live with the threat of deportation to countries they may never have visited or have a connection with and can remain here if they wish to do so; and if he will make a statement on the matter. [45659/18]
Amharc ar fhreagraI propose to take Questions Nos. 411 and 439 together.
Entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. The Act distinguishes between the entitlement to citizenship by birth and descent and to the acquisition of citizenship through the naturalisation process. Following a referendum of the Irish people, the 27th amendment to the Constitution changed the situation in relation to entitlement to Irish Citizenship. As a result, Section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act, 2004. The changes came into effect on 1 January 2005. As of that date a person born in the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been resident in the island of Ireland for a total of three years during the four years preceding that person's birth (periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence).
Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. This ensures that, even where a child born in the State did not have an entitlement to Irish citizenship, there is a path to obtaining Irish citizenship through naturalisation.
The Government has no plans to amend the relevant legislation at this time.
In determining whether to make a deportation order under the Immigration Act, 1999, I am required to consider a number of factors including the age, duration of residence and the family and domestic circumstances of the individual as well as any connections with the State and humanitarian considerations that arise. This ensures that every individual scenario is evaluated on its merits with proper consideration given to representations made by the person and considering the best interests of the child, where relevant.
412. Deputy Noel Rock asked the Minister for Justice and Equality the number of sexual offences referred to the Garda youth diversion programme that were accepted by that programme in each of the years from 2004 to 2016, by category (details supplied) in tabular form. [45151/18]
Amharc ar fhreagraI have requested the information from the Garda authorities and I will contact the Deputy directly when the information is to hand.
413. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of persons who have been refused accommodation in direct provision centres to date; the alternatives offered to such persons; the length of time between refusal and their being offered accommodation; and if he will make a statement on the matter. [45158/18]
Amharc ar fhreagraAs the Deputy is aware, persons seeking international protection are offered accommodation and related services by my Department. Not every person accepts this offer and there is no obligation on any person to do so. Some persons may avail of accommodation with friends and / or family or may have means of their own.
A person who does not need accommodation and related services immediately on arrival in Ireland may seek to obtain these services at a later date.
In early September 2018, there was a sudden increase in demand for accommodation and priority had to be given to families and other vulnerable people arriving into Ireland. The numbers who did not initially receive an offer of accommodation are relatively small (approximately 20 persons) and RIA has now offered accommodation to any of those in this situation who contacted it subsequently.
Since that time additional accommodation has been made available to RIA and all newly arrived protection applications who have requested accommodation have been so provided.
As of Sunday evening, 28 October 2018, 5,848 persons were accommodated throughout the State. This is from a contracted capacity of 6,051 with just over 160 spaces unavailable due to family configurations etc., and 60 spaces available for new applicants.
To address ongoing demands, the Reception and Integration Agency (RIA) of my Department continues to work actively to identify and contract suitable accommodation. This will inevitably involve opening of new accommodation centres across the country.
Quite separate to this, RIA is also engaged in an open competitive process to establish a framework of accommodation centres from which we can draw down accommodation as and when needed over the coming years.
414. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 173 of 19 September 2012, if nine of the 11 prosecutions and resulting sentences referred to did not result in the offender being placed on the sex offenders register; if not, the reason therefor; and if he will make a statement on the matter. [45162/18]
Amharc ar fhreagraThe Deputy's question relates to a response to a parliamentary question in 2012, which provided anonymised information on convictions and sentencing taking place as far back as 2009. My officials have written to An Garda Síochána to seek out the further information sought by the Deputy and I will write to the Deputy when further information is received.
In the interim, it is helpful to set out some general information regarding the obligation on those who are convicted of certain sexual offences to provide certain information to Gardaí. While the term 'Sex Offenders Register' is commonly used in Ireland, there is in fact no such register and the term is not included in any section of the Sex Offenders Act 2001.
The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. These notification requirements apply automatically upon conviction and the duration is set by reference to the sentence imposed.
All offenders subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State.
Of the nine prosecutions to which the question refers, seven resulted in a sentence of more than two years which would have placed the person under an indefinite notification requirement, and two resulted in either a fine or an entirely suspended sentence, which would have placed the person under a notification requirement for five years.
As indicated above, my officials have contacted the Garda authorities in order to confirm that in these individual instances the notification requirements were complied with and appropriately monitored. I will write to the Deputy to further update him when more information becomes available.
415. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if a company (details supplied) has undertaken work within his Department's remit to build or renovate projects over the past ten years; if so, the project names and locations; the years in which they were built; if building fire safety inspections have been carried out on the projects since construction; the details of same; and if he will make a statement on the matter. [45204/18]
Amharc ar fhreagraThe Office of Public Works acts as the central property services provider for office accommodation for Government Departments and carries out all building related projects on behalf of the Department.
My Department has not placed any contracts with the company referenced. I am advised that the Garda authorities were not in a position to provide their observations within the required timeframe and I have asked them to provide their response directly to the Deputy when it becomes available. All other bodies under the Department's aegis have confirmed that they have not had any contracts with this company.
416. Deputy Catherine Murphy asked the Minister for Justice and Equality the expected date on which a new director general will be appointed to the Irish Prison Service; the recruitment process in this regard; and if he will make a statement on the matter. [45212/18]
Amharc ar fhreagraThe selection process for recruiting a new Director General of the Irish Prison Service is currently underway.
This competition is being conducted by the Top Level Appointments Committee, supported by the Public Appointments Service. The post was advertised on 28 September 2018, with applications closing on 18 October 2018. The selection process is expected to be completed in December of this year and the appointment of a new Director General will follow as soon as possible thereafter.
417. Deputy Róisín Shortall asked the Minister for Justice and Equality the timeframe within which a case (details supplied) can be decided by the Criminal Injuries Compensation Tribunal; and if he will make a statement on the matter. [45267/18]
Amharc ar fhreagraAs the Deputy will be aware the Criminal Injuries Compensation Tribunal, which has responsibility for the administration of the Scheme of Compensation for Personal Injuries Criminally Inflicted, is independent of my Department in the processing of individual applications under the Scheme.
I can inform the Deputy that applications in the first instance are decided on a file of papers submitted to a single Tribunal Member for consideration as to whether payment of compensation is appropriate. Each case is addressed on the basis of its individual circumstances. While applications are processed with the minimum of formality compared to court proceedings, in making their decisions Tribunal members must be satisfied that all supporting documentation submitted is in order e.g. Garda reports arising from the related criminal investigation, vouched receipts for expenses, medical reports. Accordingly, the processing time for each case can vary considerably and in these circumstances it is not possible to confirm when a decision will issue in an individual case.
418. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if final admittance to the Garda College for recruits is completed for all persons who applied to join An Garda Síochána in 2016 and 2017; if not, when this recruitment phase will cease; the reason for the delay in admittance to the college; and if he will make a statement on the matter. [45299/18]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who has responsibility to manage and control generally the administration and business of the Garda Síochána, including by arranging for the recruitment, training and appointment of its members and civilian staff.
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 recruitment stages for selection of Garda trainees. The final stages of the recruitment process in which candidates are vetted, and complete a physical competency test and a medical examination, are managed by the Garda Commissioner and I, as Minister, have no direct involvement in the matter.
The Commissioner has advised me that all applicants remain on the panel until such a time as they are offered a place in the Garda College or they are deemed unfit or withdraw from the competition. Positions in the Garda College are only offered when all stages of the application are complete. All places offered are granted on an Order of Merit basis. I am advised by the Commissioner that approximately 170 applicants remain in the 2016 competition and 270 applicants remain in the 2017 competition.
I would advise any candidate for a position as a Garda trainee to contact the PAS or the Garda Appointments Office, depending on the relevant stage of the application process, if they have any queries in relation to their application.
419. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of appeals for visas in the cases of persons (details supplied); and if he will make a statement on the matter. [45383/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa applications referred to were refused on 3 October 2018 in the Visa Office in New Delhi. This was communicated to the applicants who were advised that an appeal could be submitted within two months. No appeals have yet been received.
If the applicants wish to appeal the refusal decision, they should ensure that they fully address the reasons for refusal in the appeal and include all relevant information they wish to have taken into account. Appeals are generally processed within 6 weeks of receipt in the Visa Office in New Delhi.
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 INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
422. Deputy Clare Daly asked the Minister for Justice and Equality if he is satisfied that prisoner and staff health and safety are adequately protected with nursing cover across three Mountjoy complexes at night being provided by one nurse; and the steps he will take in this regard. [45448/18]
Amharc ar fhreagraI have been advised by the Irish Prison Service that there are currently two nurses on duty each night on the Mountjoy Campus. This represents the compliment of nurses required to provide appropriate cover as determined by a task review completed by agreement between the Irish Prison Service and its staff association.
The Irish Prison Service has confirmed that it is currently reviewing nightly activity levels for its clinicians across the prison estate, and will engage with staff representatives under the Joint Task Review process in respect of any proposed changes that are required.
