Written Answers Nos. 253-272
253. Deputy Billy Kelleher asked the Minister for Justice and Equality his views on the recommendation in the recent Law Reform Commission report on regulatory powers and corporate offences that a dedicated prosecution unit for corporate offences should be established within the Office of the Director of Public Prosecutions to work in close liaison with the proposed corporate enforcement authority. [52828/18]
Amharc ar fhreagraThe recommendation referred to by the Deputy states that it would be preferable for such a unit to be established within the Office of the Director of Public Prosecutions. As the Deputy is aware, given the independent nature of that Office, any decision around the allocation of resources within that Office is a matter for the Director of Public Prosecutions (DPP) and it would therefore be inappropriate for me to make any comment.
As I have previously indicated, Mr James Hamilton, a former DPP and Anti-Corruption expert, is currently chairing a Review of Ireland’s Anti-Fraud and Anti-Corruption structures. This review is an Action Point contained in the Government’s plan to tackle White Collar Crime, which was launched last November. Members of the Group include representatives from all State bodies involved in the detection, prevention, investigation and prosecution of White Collar Crime, including a representative from the Office of the Director of Public Prosecutions.
The Law Reform Commission report on Regulatory Powers and Corporate Offences and its recommendations will be considered in detail by Mr Hamilton and the review group. The Group is working to a tight timeline and is due to report in June 2019.
However, I can assure the Deputy that this Government is entirely committed to introducing the necessary measures to tackle corporate and white collar crime. This review is only one element of a package of measures launched by this Government last November to tackle corporate and white collar crime.
The Criminal Justice (Corruption Offences) Act 2018 is a major modernisation of anti-corruption law. It includes legislative provision for recommendations arising from the Mahon Tribunal and will substantially advance meeting Ireland’s obligations under a number of international anti-corruption instruments.
The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 was enacted in November. The core provisions of the Act deal with customer due diligence (verifying a customer's identity and assessing risk). They oblige designated persons to carry out a business-wide risk assessment, as well as an individual assessment in relation to each business relationship.
254. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the reason a person (details supplied) has received a deportation notice. [53112/18]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 15 November 2018. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.
The person concerned is required to 'present' at the Offices of the Garda National Immigration Bureau on 19 December 2018, to make arrangements for her deportation from the State.
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.
255. Deputy James Lawless asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied); and if he will make a statement on the matter. [52727/18]
Amharc ar fhreagraI 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 ongoing.
A letter issued to the person concerned on 11 December 2018 requesting certain documentation and a reply is awaited. Upon receipt of the requested documentation the case will be further processed.
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.
256. Deputy Billy Kelleher asked the Minister for Justice and Equality his views on proposals in correspondence (details supplied). [52834/18]
Amharc ar fhreagraAs the Deputy will be aware, the Comprehensive Employment Strategy 2015 – 2024 is a ten-year cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities.
The primary purpose of the Strategy is to ensure that people with disabilities who are able to, and want to, work are supported and enabled to do so. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment. The Strategy's six strategic priorities are:
1. Build skills, capacity and independence;
2. Provide bridges and supports into work;
3. Make work pay (the Make Work Pay Report was launched in April 2016 and many of its recommendations are already being implemented);
4. Promote job retention and re-entry to work;
5. Provide coordinated and seamless support; and
6. Engage employers.
The Strategy includes a range of practical measures to increase employment opportunities for people with disabilities, including those who wish to be self employed. For example, action 2.10 of the Strategy includes a number of measures to assist people with disabilities to become self employed, this includes supporting and promoting self-employment as a viable option for people with disabilities, including equal access to mainstream supports and schemes. These supports are provided through the Local Employment Office network which come under the remit of my colleague, the Minister for Business, Enterprise and Innovation.
Implementation of the Strategy is monitored by a working group under the direction of an independent chairperson (Mr Fergus Finlay). This group is tasked with monitoring the progress of the six strategic priorities of the strategy, and with the assistance of representatives and stakeholders from the disability sector, ensures that each Government Department is fulfilling its obligations and meeting its targets.
In his first Report, the independent chairperson noted that progress had been made on the implementation of strategic priority 2: “Provide bridges and supports into work” which includes action 2.10. In addition, I can also advise that my officials, in cooperation with the National Disability Authority, and in consultation with the Strategy implementation group is in the process of developing a second three year action plan under the Strategy to ensure that the progress of implementation continues.
Taking the above into account, the Strategy ensures that there is a coordinated, cross-government approach to support persons with disabilities to progress into employment, and also that the appropriate supports and assistance are in place for those who wish to be self-employed.
257. Deputy Noel Rock asked the Minister for Justice and Equality the number of active gardaí in December in each year to date in 2018. [52946/18]
Amharc ar fhreagra264. Deputy Noel Rock asked the Minister for Justice and Equality the number of active gardaí per year in December up to and including December 2018; and if he will make a statement on the matter. [52978/18]
Amharc ar fhreagra265. Deputy Noel Rock asked the Minister for Justice and Equality the number of active gardaí by division; and if he will make a statement on the matter. [52979/18]
Amharc ar fhreagra266. Deputy Noel Rock asked the Minister for Justice and Equality the number of active gardaí by division and rank; and if he will make a statement on the matter. [52980/18]
Amharc ar fhreagraI propose to take Questions Nos. 257 and 264 to 266, inclusive, together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.
I can assure the Deputy that this Government is 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.
I am informed by the Commissioner that since the reopening of the Garda College in September 2014, almost 2,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. Garda numbers, taking account of projected retirements, are expected to increase to around the 14,000 mark by year end - an increase of 500 since the end of 2016, and are on target to reach 15,000 by 2021.
As outlined on Budget Day, the Government has increased the budget for An Garda Síochána to €1.76 billion for 2019 which includes provision for the recruitment of up to 800 Gardaí next year. The Commissioner has informed me that he intends to recruit a total of 600 trainee Gardaí in 2019. At the same time, it is his intention to recruit a net 600 Garda Staff (civilians). The Commissioner has also indicated that he plans to redeploy 500 Gardaí from administrative duties to frontline policing in 2019. This is in addition to the 250 Gardaí expected to be redeployed to frontline duties in 2018.
The Garda strength by Station and Rank for each Division, in each of the years 2009 to 31 October 2018 is available on my Department’s website through the link below.
Garda Numbers by Division District and Station
For more general information on Garda Facts and Figures please see the link below
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
258. Deputy John Curran asked the Minister for Justice and Equality the status of the implementation of the recommendations of the final report of the working group on a strategic review of penal policy of July 2014 relating to drug offending behaviours in tabular form; and if he will make a statement on the matter. [52971/18]
Amharc ar fhreagraAn Implementation and Oversight Group (IOG) was established in early 2015 to oversee implementation of the Penal Policy Review Group (PPRG) recommendations. This Group is chaired by Dr Mary Rogan, and includes officials from the Department of Justice and Equality, the Irish Prison Service, the Probation Service and the Garda Síochána. Its primary function is to report to me, on a six monthly basis, on progress on the implementation of the PPRG recommendations. Six reports have been published to date on my Department’s website, the latest of which was published in September. The Deputy can see the implementation status of all of the recommendations in that progress report.
259. Deputy John Curran asked the Minister for Justice and Equality if an independent evaluation of the Drug Treatment Court has been carried out; if so, the conclusions of same; and if he will make a statement on the matter. [52972/18]
Amharc ar fhreagra260. Deputy John Curran asked the Minister for Justice and Equality the additional investment provided in 2018 to build Garda capacity in monitoring drug markets in particular new drug markets, surface web and darknet drug markets; and if he will make a statement on the matter. [52973/18]
Amharc ar fhreagra261. Deputy John Curran asked the Minister for Justice and Equality the action being taken to facilitate community impact statements within the criminal justice system here; and if he will make a statement on the matter. [52974/18]
Amharc ar fhreagra262. Deputy John Curran asked the Minister for Justice and Equality the action being taken to strengthen the legal robustness of presumptive drug testing to contribute to the timely prosecution of section 3 drug-related offences; and if he will make a statement on the matter. [52975/18]
Amharc ar fhreagra263. Deputy John Curran asked the Minister for Justice and Equality if An Garda Síochána has carried out an evaluation of the drug-related intimidation reporting programme for the purposes of strengthening its effectiveness and to raise public awareness of the programme; and if he will make a statement on the matter. [52976/18]
Amharc ar fhreagraI propose to take Questions Nos. 259 to 263, inclusive, together.
The matters referred to by the Deputy relate to 50 actions contained in the national drugs strategy, “Reducing Harm, Supporting Recovery” - a health led response to drug and alcohol use in Ireland 2017-2025.
The strategy is a dynamic process that is monitored through the key national, regional and local structures charged with implementing it. Each year, the bodies responsible for delivering the strategic actions are required to report on progress. To this end, my officials are preparing a return on actions relevant to my Department to be included in the report that will be presented to the National Oversight Committee, chaired by Minister of State with responsibility for the National Drugs strategy, Catherine Byrne TD in January 2019.
I understand that the complete progress report will be forwarded to the Deputy in due course, which will include updates on all the matters referred to in his questions.
267. Deputy Sean Fleming asked the Minister for Justice and Equality if the appeal by the Irish Naturalisation and Immigration Service will be reconsidered in view of the information that was submitted on 26 September 2018 in respect of the appeal in view of the fact the appeal was concluded without sight of the documentation submitted being considered in the case of a person (details supplied); and if he will make a statement on the matter. [53004/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to was initially refused on 30 April 2018. While that decision was upheld on appeal, the applicant was permitted on an exceptional basis to appeal the decision again. She was advised to submit her appeal by 28 September 2018 but failed to do so.
It is open to the applicant to submit a fresh visa application at any time. However, she should bear in mind the original refusal reasons communicated to her and be in a position to address these in any new application.
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.
268. Deputy Danny Healy-Rae asked the Minister for Justice and Equality the reason there is a delay regarding the Garda vetting process; and if he will make a statement on the matter. [53061/18]
Amharc ar fhreagra269. Deputy Danny Healy-Rae asked the Minister for Justice and Equality if the current Garda vetting process will be reviewed under which multiple applications are needed when working with groups, clubs or employers in the same area or field; and if he will make a statement on the matter. [53098/18]
Amharc ar fhreagraI propose to take Questions Nos. 268 and 269 together.
The Deputy will appreciate that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 and is, as I am sure you will agree, a very important task which must be done thoroughly and correctly. My Department has no role in the processing of individual vetting applications.
Regarding sharing of vetting between organisations, vetting checks are conducted by the Garda National Vetting Bureau for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original vetting disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions.
In addition, the Data Protection Acts require that any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Importantly, the general non-transferability and contemporaneous nature of the current process also helps to protect against the risk of fraud or forgery in the process.
However, the Act provides for the sharing of vetting disclosures in certain circumstances by registered organisations; a facility which is of assistance in the health and education sectors, for example, in reducing the need for multiple vetting applications. Section 12(3A) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (as amended) provides that two or more relevant organisations can enter into a joint written agreement in relation to the employment, contracting, permitting or placement of a person to undertake relevant work or activities, thereby providing for only one of the organisations being required to conduct vetting in respect of that person.
In general, the vetting process is working well and I understand that there are no backlogs or delays in Garda vetting at present. This efficiency has been achieved by the deployment of the e-vetting system which facilitates the on-line processing of applications for vetting from registered organisations. The current turnaround time for vetting applications submitted by organisations utilising the e-vetting system is 5 working days for over 85% of applications received. Individual applicants can track the process of their application online using the e-vetting tracking system, details of which are contained in the email received by applicants when completing their application online. Furthermore, in circumstances where there is such a sustained reduction in processing times, the issue of vetting “transferability” is largely obviated.
270. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality if an application for naturalisation by a person (details supplied) can be examined; and if he will make a statement on the matter. [53111/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Section 17 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an application for a certificate of naturalisation shall be in the prescribed form and accompanied by the prescribed fee. Both the application form and the required fee are prescribed by the Irish Nationality and Citizenship Regulations 2011.
An application for naturalisation from the person concerned was deemed ineligible as the Statutory Declaration, which forms a solemn and fundamental part of the prescribed application form, was not fully completed. The importance of both signing and dating the Statutory Declaration is specifically highlighted in the guidelines attached to the application form.
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.
The application fee, stipulated at €175, is payable on application for a certificate of naturalisation. There is no provision for the discretionary waiver or reduction or refund of fees. All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department; however, there are no plans to reduce or abolish or introduce provisions for a waiver or refund of these fees.
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.
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.
271. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of former prison officers and staff that did not reach governor rank and are employed as consultants by the Irish Prison Service; the length of the time they have been employed; the amount they are being paid; the main purpose of their consultation and-or employments; and if they were or are assigned to a prison, his Department or another central office in each of the years 2010 to 2017 and to date in 2018. [53120/18]
Amharc ar fhreagraI am informed by my officials in the Irish Prison Service that there are no former prison officers or staff that did not reach Governor rank, employed as consultants by the Irish Prison Service.
272. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of a case pursuant to section 3 of the Immigration Act 1999 in the case of a person (details supplied); and if he will make a statement on the matter. [53171/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the persons concerned.
These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.
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.
