Written Answers Nos. 115-130
115. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of Garda operations targeting suspected drug dealing in an area (details supplied) in the past two years in tabular form; the areas in which they were carried out; the number of arrests and prosecutions in the area during the same period; and if he will make a statement on the matter. [7577/19]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the information sought and I will revert to the Deputy when the information is to hand.
116. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the reason for the delay in processing a Garda vetting security clearance application by a person (details supplied); the expected timeline for the application; and if he will make a statement on the matter. [7578/19]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including the vetting of applications to become a member of the organisation, and I as Minister, have no direct role in the matter.
I have requested the information sought from the Garda Commissioner and I will write to the Deputy on receipt of same.
117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when eligibility for naturalisation will be determined in the case of a person (details supplied); and if he will make a statement on the matter. [7599/19]
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. On completion of the necessary processing the application will be submitted to me for decision as expeditiously as possible. Should further documentation be required it will be requested from the applicant in due course.
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. 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.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) can have a stamp upgraded to stamp 4; and if he will make a statement on the matter. [7602/19]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information provided by the Deputy is not sufficient to establish the correct identity of the individual concerned in order to provide a response on the matter.
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.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) can have her status updated to stamp 3; and if he will make a statement on the matter. [7603/19]
Amharc ar fhreagraI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information provided by the Deputy is not sufficient to establish the correct identity of the individual concerned in order to provide a response on the matter.
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.
120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of eligibility for leave to remain stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [7606/19]
Amharc ar fhreagraAs the Deputy is aware, if an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his legal representative should contact the International Protection Office directly either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by a the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.
For your information, on 27 February 2017, the Chief International Protection Officer, following consultation with the United Nations High Commissioner for Refugees (UNHCR), published a statement on the Prioritisation of Applications under the International Protection Act 2015 which is available on the website of the International Protection Office (www.ipo.gov.ie).
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.
121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed by a person (details supplied) in view of the fact this person never received an invitation to attend the citizenship ceremony that took place on 21 May 2018; and if he will make a statement on the matter. [7607/19]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as indicated in my response to the Deputy's Parliamentary Question No. 121 of the 17 January 2019, the person referred to by the Deputy was invited to attend a citizenship ceremony which took place on 21 May 2018 in The Killarney Convention Centre, Gleneagle Hotel, Killarney, Co. Kerry but failed to attend. It is incumbent on Mr Kifu to write to the Citizenship Division outlining the reason for his non-attendance at the above-mentioned ceremony and requesting an invitation to a future ceremony, if he wishes to attend same.
The records indicate that the current permission to reside in the State granted to the person concerned expired on 22 May 2018. It is up to the person concerned to seek permission to remain beyond the expiry of his current permission. All non-EEA nationals are required to keep their permission to remain in the State up to date at all times, and to have such permission registered. Failure to do so may adversely affect an application for a certificate of naturalisation
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.
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.
122. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the capital projects completed by his Department since 2011; the initial contract value of same; the final cost of same; and the final cost of the capital projects that have had an ex post review in tabular form. [7853/19]
Amharc ar fhreagraI can confirm that there were no capital projects completed by my Department in the period in question with a value in excess of €10 million (the value threshold which I understand has been clarified by the Deputy).
Capital projects arise in the main within agencies in the Justice and Equality sector rather than the Department itself, or are managed by the Office of Public Works on behalf of the Department and its agencies. In that regard I have requested that the agencies under the remit of my Department respond directly to the Deputy.
123. Deputy Clare Daly asked the Minister for Business, Enterprise and Innovation the average waiting times for cases in the Labour Court and WRC for each of the years 2016 to 2018 and to date in 2019; and her plans for the recruitment of sufficient staff to eliminate such delays. [7542/19]
Amharc ar fhreagraThe WRC Annual Reports for 2016 and 2017 set out information in relation to adjudication generally. During 2016, over three quarters of complaint applications were heard within 5 months of initial receipt of the complaint, with 55 per cent heard within four months. During 2017, the WRC saw a six per cent increase in adjudication complaints over 2016 and three quarters were scheduled for hearing within six months and the number of adjudication hearings were up by 24 per cent on the previous year.
In the first three full years of operation the WRC has received over 40,000 individual complaints. During 2018, the WRC saw more than a 10 per cent increase in the number of specific complaints being lodged over the previous year. Despite this increase in volume, 75 per cent of hearings have been scheduled within 5 months.
The output of the WRC in terms of hearings and decisions issued has significantly increased over the same period as indicated in the table below.
|
2016 |
2017 |
2018 |
|
|
Hearings held |
3,518 |
4,370 |
5,312 |
|
Decision issued |
1,232 |
2,247 |
2,964 |
Currently, over 90 per cent of complaints received by the WRCs adjudication service are processed from receipt to hearing and decision within 6 months where no requests for postponement are received, where all parties are available, and submissions are received in a timely manner. Where parties are not available for the initial hearing date offered, and/or where they have attempted to mediate the dispute or have not submitted submissions in a timely manner then the median time for receipt of all complaints to decision is 9 months currently.
In relation to cases before the Labour Court, in 2016 and 2017, the average timescale for scheduled hearings was 13 weeks in Dublin and 16 weeks outside of Dublin.
The Labour Court is currently undertaking a fundamental review of its management information system to ensure it can collate accurate data in order to support and facilitate effective and efficient processes. In this context, robust data for 2018 and 2019 is not yet available.
My Department works closely with the Workplace Relations Commission (WRC) and the Labour Court monitoring the staffing and budgetary requirements of both bodies, including anticipating future resource requirements to ensure that they are supported and adequately resourced to fulfil their roles, as committed to in the Programme for Government. Both bodies have already benefitted from additional resources.
124. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of persons working in each role in the Office of the Director of Corporate Enforcement in tabular form; and if she will make a statement on the matter. [7436/19]
Amharc ar fhreagra125. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of vacant positions in the Office of the Director of Corporate Enforcement; and the length of time each position has been vacant. [7437/19]
Amharc ar fhreagraI propose to take Questions Nos. 124 and 125 together.
The total no. of staff assigned to the Office of the Director of Corporate Enforcement (ODCE) on the 12th February 2019 was 42 staff in total (39.1 full time equivalent). The breakdown by grade is set out in Tabular form below.
|
Title |
Director |
Enforcement Portfolio Manager |
Digital Forensic Specialist |
Enforcement Lawyer |
Solicitor |
Accountant Grade 1 |
|
No of staff |
1 |
2 |
1 |
2 |
1 |
7 |
|
Full time equivalents. |
1 |
2 |
1 |
2 |
1 |
7 |
|
Title |
Principal Officer |
Assistant Principal Officer |
Higher Executive Officer |
Executive Officer |
Clerical Officer |
Total |
|
No of staff |
1 |
4 |
8 |
6 |
9 |
42 |
|
Full time equivalents. |
1 |
4 |
6.8 |
5.5 |
7.8 |
39.1 |
The number of Gardaí assigned to the ODCE on 12th February 2019 was 7.
The ODCE currently has one vacancy (Corporate Compliance Manager). Since his appointment, the current Director has undertaken a significant restructuring of the ODCE to better reflect the organisation’s needs in the context of both its strategic shift towards deploying resources towards more serious indications of wrongdoing and the increasingly complex environment within which the ODCE operates.
That restructuring has included the seeking of sanction for the recruitment of a substantial number of additional professional staff, and following receipt of sanction, the recruitment of eight accounting professionals (one of whom was promoted to Enforcement Portfolio Manager), two Enforcement Portfolio Managers, two Enforcement Lawyers and a Digital Forensics Specialist, together with significant investment in a digital forensics laboratory, training and development. The recruitment and assimilation of a large number of new professional staff into a multi-disciplinary organisation that undertakes complex work in a fast-moving environment is a project that requires careful management. As such, the Director is of the view that it is preferable to allow that process to fully bed down before filling the aforementioned vacancy. The Director is further conscious of the fact that the transition of the ODCE to an independent Agency will give rise to additional expertise requirements and, as such, is of the view that it is prudent that those considerations should be factored into developing the role, and associated skill set, required of the appointee.
126. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of persons who have been disqualified as a director of a company, restricted as a director of a company, prosecuted and convicted as a result of ODCE investigations in 2018, in tabular form; and if she will make a statement on the matter. [7438/19]
Amharc ar fhreagra127. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of complaints the Office of the Director of Corporate Enforcement received in 2017 and 2018; the number of these that resulted in action being taken by the ODCE; and if she will make a statement on the matter. [7439/19]
Amharc ar fhreagra128. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the number of investigations initiated by the Office of the Director of Corporate Enforcement in 2018 and to date in 2019; and if she will make a statement on the matter. [7440/19]
Amharc ar fhreagraI propose to take Questions Nos. 126 to 128, inclusive, together.
Section 949(3) of the Companies Act 2014 provides that the Director of Corporate Enforcement shall be independent in the performance of his statutory functions.
I, as Minister for Business, Enterprise and Innovation have no direct function in such matters. However, the 2017 Annual Report of the Office of the Director of Corporate Enforcement (ODCE) states that 234 complaints were received from members of the public in 2017. I understand that the compilation of the 2018 Annual Report is currently underway.
I am informed that in 2018 there were:
- 29 cautions issued
- 25 production orders issued (under the Companies Act 2014, the Criminal Justice (Theft & Fraud Offences) Act 2001 and the Criminal Justice Act 1994)
- 5 arrests and detentions of suspects
- 15 charges were directed by the DPP on indictment
The number of investigations per se does not represent the totality of the work of the ODCE; firstly because of the volume of liquidation cases and secondly because not all investigations result in a prosecution. As will be seen from the ODCE’s Annual Reports, complaints are not always relevant to the remit of the Office; where they are within the remit the matter is investigated. It should be noted that not all investigations are of a criminal nature and the ODCE policy is to seek rectification of breaches in the first instance (where the matter is appropriate for such action).
The provisional figures for prosecutions initiated, convictions, disqualifications and restrictions of Directors for 2018 are set out in tabular form below:
|
No of prosecutions initiated |
Number of convictions |
No of Director Disqualifications |
No of Director Restrictions |
|
1 |
2 |
31 (24 by Disqualification Undertaking; 7 by Court Orders) |
148 (125 by Restriction Undertakings 23 by Court Orders) |
As the above figures are provisional they are subject to change.
The ODCE also exercised its right to make certain compliance applications to the High Court under Section 371 of the Companies Act 1963, now Section 797 of the Companies Act 2014, to secure compliance with Orders sought.
However, it should be borne in mind that, working within the context of a rectification policy, many issues can be addressed by exercise of powers without the necessity of bringing issues to the Courts for determination, for example: production of registers; directing the holding of Annual General Meetings; production of minutes of meetings; and regularising breaches of the director loan provisions which, in 2017, secured the rectification on a non-statutory basis, of suspected infringements of the Companies Act 2014, in relation to Directors’ loans in 39 cases, to an aggregate value of €15.5m approximately.
The ODCE took a decision in recent years to concentrate its resources on more serious and complex investigations, the result of which is usually the submission of a file to the Director of Public Prosecutions (DPP) for consideration, as opposed to a summary prosecution.
In terms of prosecutions, the Director of Corporate Enforcement is only statutorily empowered to initiate summary prosecutions (i.e. prosecutions of relatively minor offences in the District Court).
More serious alleged breaches of company law are prosecuted on indictment in the Circuit Court and only the Director of Public Prosecutions (“DPP”) can direct that charges be preferred on indictment.
Furthermore, since June 2015, company directors facing restriction or disqualification proceedings before the Courts, can avoid Court proceedings by voluntarily agreeing to be restricted or disqualified for certain periods. This provision ensures that company directors, who are considered to be in breach of the Companies Act 2014 and facing restriction or disqualification proceedings, are dealt with in an efficient and effective administrative manner without the need for the involvement of the Courts.
129. Deputy Éamon Ó Cuív asked the Minister for Business, Enterprise and Innovation the timeline of the interaction between the IDA and a company (details supplied) that has announced a relocation from the Connemara Gaeltacht to Galway city; when the IDA informed Údarás na Gaeltachta of this interaction; the details of all inducements offered by the IDA to get the company to relocate; and if she will make a statement on the matter. [7532/19]
Amharc ar fhreagraFor the avoidance of any doubt, I would like to emphasise that interactions between the IDA and existing or prospective FDI clients are highly commercially sensitive operational matters for the Agency and for its clients.
Having said that, I am aware that a client of Údarás na Gaeltachta - HID Global Ireland Teo. - has recently announced its decision to expand its presence in Ireland and to establish its new European Centre of Excellence in Galway City. In addition, the company intends to consolidate its operations and transfer its existing workforce from An Tulaí, Baile na hAbhann to a larger new facility in the city on a phased basis. The company has stated that there will be no job losses involved and that all of the employees currently based in Baile na hAbhann will be able to transfer to the company's new facility in Galway City. HID Global are not in receipt of any funding from IDA Ireland in respect of their decision to establish a European Centre of Excellence and to transfer manufacturing to Galway City.
I understand that Údarás na Gaeltachta, as part of its ongoing enterprise development strategy, has begun the task of seeking alternative clients for the facility in An Tulaí and that the organisation is committed to further developing Páirc Ghnó na Tulaí as a location for employment.
IDA Ireland has a strong focus on regional development with 58% of all jobs outside Dublin at the end of 2018 and in that regard, Galway is an especially strong performer in terms of FDI. There are 81 IDA client companies across the county employing 19,696 people, representing an increase of almost 8% over the previous year. Likewise, employment figures for 2018, published by an tÚdarás in recent days, show that almost 3,000 people were employed in Údarás client companies in the Galway Gaeltacht at year end - which represented the highest employment figures since 2000. This, along with the large increase in Údarás na Gaeltachta’s capital budget this year, is a clear demonstration of the Government’s commitment to securing and nurturing employment in our Gaeltacht regions.
130. Deputy Mattie McGrath asked the Minister for Business, Enterprise and Innovation the expenditure details for all consultancy or audit services provided to her Department by a company (details supplied) from 2015 to 2018, inclusive, and to date in 2019; and if she will make a statement on the matter. [7555/19]
Amharc ar fhreagraMy Department has had one contract with the company in question since 2015. The contract was entered into in 2018 and was for the development of a guide for SMEs on currency risk. The value of the contract was €11,070
