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Wednesday, 15 May 2019

Written Answers Nos. 121-130

School Accommodation Provision

Ceisteanna (121)

Alan Kelly

Ceist:

121. Deputy Alan Kelly asked the Minister for Education and Skills his plans for the accommodation of a school (details supplied); and if he will make a statement on the matter. [21167/19]

Amharc ar fhreagra

Freagraí scríofa

The school to which the Deputy refers opened in September 2018 in interim accommodation in vacant classrooms in the permanent school building of a primary school under the same Patronage, on an education campus in the area referred to.

This decision was made on the basis that securing a permanent site for the secondary school was imminent. Due to an unsuccessful planning application by a Developer the acquisition of the proposed site did not proceed and an alternative site location has to be pursued.

There are two permanent primary school buildings on the education campus referred to and both will have vacant classrooms in the coming academic year.

In order to accommodate the needs of the secondary school for September 2019 it will be necessary to utilise some available classrooms in both the primary schools.

This arrangement is only required for the next academic year 2019/2020 as my Department seeks an alternative site location for the secondary school for September 2020.

Discussions are ongoing between my Department and the patron bodies of both the primary and secondary schools in relation to the necessary arrangements.

Schools Review

Ceisteanna (122)

Alan Kelly

Ceist:

122. Deputy Alan Kelly asked the Minister for Education and Skills if the formal review has been completed of the whole-school evaluation management, leadership, learning report carried out on a school (details supplied); if he will publish the decision of the chief inspector; when the findings of the report will be published on the website of his Department; and if he will make a statement on the matter. [21171/19]

Amharc ar fhreagra

Freagraí scríofa

A Formal Review of the inspection referred to by the Deputy (a Whole-School Evaluation-Management, Leadership and Learning conducted in Sancta Maria College, Ballyroan, Rathfarnham, Dublin 16) was requested under the Procedure for Review of Inspections on Schools and Teachers under Section 13(9) of the Education Act 1998, September 2015. The Formal Review has not yet concluded and in line with Section 3.6 of the Guidelines on the Publication of School Inspection Reports, September 2015 the report arising from the inspection may not be published at present.

Garda Vetting Applications

Ceisteanna (123)

Seán Fleming

Ceist:

123. Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding a matter relating to a person (details supplied); and if he will make a statement on the matter. [20956/19]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will understand, given the nature of the functions of the Irish Prison Service, it is necessary for checks, secondary and in addition to vetting, to be carried out on persons considered for employment.

These checks can take time to complete for a variety of reasons, depending on the individual case. However, I can assure the Deputy that every effort is made to expedite this process to the greatest extent possible and to ensure that there is no undue delay arising.

I am advised that the vetting process in respect of the individual referred to by the Deputy was completed on 28 March 2019 and returned to the Irish Prison Service. The person concerned is accordingly advised to liaise directly with the Irish Prison Service to ascertain the current position.

Citizenship Applications

Ceisteanna (124)

Jack Chambers

Ceist:

124. Deputy Jack Chambers asked the Minister for Justice and Equality the number of applications for citizenship being processed; the number of active applications being processed for more than one, two, three and five years, respectively; the average waiting time per application; and if he will make a statement on the matter. [20979/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the number of applications for naturalisation currently on hand, by year of application for each of the years 2016 - 2019 inclusive and 2015 and earlier is as follows:

Year of Application

2015 and earlier

2016

2017

2018

2019 to

date

Total

Applications currently on hand

575

763

2,240

8,203

2,556

14,337

The number of the cases on hands will always include a cohort of cases where a decision has been made and the applicant has been notified of same, but where the applicant has yet to swear their oath of fidelity to the nation and loyalty to the State and be granted their certificate of naturalisation at a citizenship ceremony arranged for the purpose.

The nature of the naturalisation process is such that, for a broad range of reasons, some cases can take longer than others to process. In some instances, completing the necessary checks may take a considerable period of time. As outlined, where a decision is made, the certificate cannot be issued until the applicant attends a citizenship ceremony arranged for the purpose of swearing the oath of allegiance before a judge.

Processing timescales can often be impacted due to further documentation being required from the applicant, or payment of the required certificate fee being awaited, or the applicant not engaging with the office. In some instances the applicant themselves may request that a hold be put on their application, for example, where they may have returned to their country of origin for a prolonged period, to facilitate them in making arrangements to return to reside in the State, or where they have difficulty in obtaining satisfactory evidence of their identity or nationality. In other instances issues can arise at the final stage of the naturalisation process, for example, where additional information comes to light which requires to be considered before a final decision is taken.

Accordingly, the nature of the naturalisation process is such that, for a broad range of reasons, some cases can take longer than others to process and thus an average wait time for applications is not a meaningful measure. However, I can say that in general, it takes around 6 months for a standard application to be processed from the date it is received to the date a decision is made.

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 as well as international level. It is therefore important that appropriate procedures are in place to ensure that the integrity of the regime for granting Irish citizenship through the naturalisation process is held in high regard both at home and internationally.

INIS devotes a considerable amount of its overall resources to the processing of these cases. It also operates a dedicated phone helpline and email helpdesk available for all applicants to enable queries to be dealt with, including the progress of their application. Details are available on the INIS website at www.inis.gov.ie.

International Protection

Ceisteanna (125)

Kathleen Funchion

Ceist:

125. Deputy Kathleen Funchion asked the Minister for Justice and Equality if, and for what length of time, a passport is retained after a person is given a refugee or subsidiary protection declaration in respect of applicants for international protection who have submitted their national passports to the International Protection Office; and if they are entitled to the return of their national passports should their declarations subsequently cease to be in force. [20994/19]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that all applicants for international protection must surrender their passports to the IPO at the time of application. Applicants who are refused international protection have their passports returned to them at the time of refusal and persons who are granted subsidiary protection have their passports returned at the time they are granted subsidiary protection.

Passports are not returned to those who have been given a refugee status declaration. It should be noted that persons granted refugee status under section 55 of the International Protection Act 2015 are entitled to a 1951 UN Convention travel document, sometimes referred to as a refugee travel document, which is used in lieu of a passport to travel from and into the State.

Use by a refugee of a passport issued by her or his country of origin can be construed as continuing to avail of the protection of that country, thereby undermining the grounds on which asylum was granted, and potentially provide a basis for revocation of refugee status. It would be neither correct nor logical to create the conditions for revocation of a status and so the passport is retained. As indicated, refugees are entitled to a travel document for travel to or from the State.

In exceptional circumstances, a person to whom a refugee declaration, can have their passport returned on a temporary basis if there is a demonstrable and well-founded reason for such return, for example, if it is required by a State or other organisation for the purpose of identity verification as a condition of service. Persons must undertake to use them only for the purpose declared and to return them when the business for which they were required has been transacted. They are not permitted to travel on them as they are entitled to a refugee travel document for that purpose.

If a person's protection declaration ceases to be in force there is no barrier to such a person from holding a passport.

Departmental Budgets

Ceisteanna (126)

Clare Daly

Ceist:

126. Deputy Clare Daly asked the Minister for Justice and Equality if payouts for prison officers through the criminal injuries compensation scheme are funded through Vote 21 – Prisons or Vote 24 – Justice and Equality. [21043/19]

Amharc ar fhreagra

Freagraí scríofa

Compensation awarded by the Criminal Injuries Compensation Tribunal under the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers is paid to the Prison Officers concerned by the Irish Prison Service from the Prisons Vote (Vote 21).

Prisoner Health

Ceisteanna (127)

Richard Boyd Barrett

Ceist:

127. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the mental health and substance abuse supports in the Dóchas women's prison; and if he will make a statement on the matter. [21054/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by my officials in the Irish Prison Service that the supports provided to women in custody in the Dóchas Centre who are experiencing issues with substance abuse are in accordance with the Irish Prison Service Clinical Addiction Policy. The policy prescribes strategies which are based on best practice, and contemporary evidenced based approaches to supporting persons in custody.

Women in custody in the Dóchas Centre have access to a range of addiction supports, including detoxification, stabilisation, and the initiation or maintenance of Opiate Substitution Therapy (OST). In turn, the addiction supports provided are enhanced by access to ongoing specialist addiction counsellors as part of a co-ordinated multi-disciplinary team approach. Addiction services are co-ordinated and aligned with the individuals’ previous care in the community and post release planning in conjunction with community services is put in place prior to a person's release from custody.

The Irish Prison Service acknowledges that the provision of appropriate mental health services to those in custody is one of the major challenges to effective healthcare in prisons. In turn, there is some evidence of an increase in the numbers of persons committed to prison who are presenting with severe and enduring mental illness. However the level of mental health issues amongst female prisoners in Ireland is comparable to available international evidence.

I am advised that all prisoners are medically assessed on committal to prison; this includes a mental health assessment which can be employed to develop an individual care plan.

The Irish Prison Service has confirmed that in-reach mental health services are made available to persons in custody through its collaboration with the Health Service Executive, and the National Forensic Mental Health Service [NFMHS]. The mental health supports provided to female prisoners in the Dóchas Centre are managed by way of a multi-disciplinary approach in collaboration with the NFMHS. Prison staff, including General Practitioners, Nurses, Psychologists, and Counsellors are supported in the delivery of those supports to prisoners by a Consultant Psychiatrist, Senior Registrar, Community Psychiatric Nurse and a Mental Health Social Worker. Direct supports include psychosocial interventions, Dialectic Behavioural Therapy, Motivational Interviewing, medication therapies and supportive counselling.

The Irish Prison Service has access to a limited number of beds in the Central Mental Hospital (CMH) for prisoners suffering from a severe mental illness who require residential mental health treatment. A waiting list for the admission of prisoners to the CMH is operated by the NFMHS and is reviewed on a weekly basis. I understand that all prisoners on the waiting list have been clinically assessed by Consultant Forensic Psychiatrists from the NFMHS as requiring admission to the CMH which is a tertiary care facility.

The Healthcare Team in the Dóchas Centre collaborates with the Irish Prison Psychology Service to provide appropriate care for those in custody in the Dóchas Centre.

The Irish Prison Psychology Service in the Dóchas Centre provides therapeutic interventions, both in a group and on an individual basis, to support women in custody in relation to their mental health. This Service is provided as part of a multidisciplinary team which includes Addiction Counsellors, Psychiatry, the Probation Service and Primary Care clinicians.

Women in custody who engage with the Psychology Service present with a high level of complexity and service need. However, the needs of the person are identified through individual assessment, and appropriate interventions can then be provided.

The Psychology Service in Dóchas Centre has regular contact with community mental health agencies where appropriate, as well as the families and carers of those in custody. Where clinically appropriate, Irish Prison Service Psychologists may provide time-limited community intervention(s) to support the transition of clients from custody to community.

Residency Permits

Ceisteanna (128)

Maureen O'Sullivan

Ceist:

128. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if parents granted long-stay visas are entitled to receive a stamp 4 visa on arrival as is specified in a Department and policy document, rather than a stamp 3, which has been the case for certain couples; and if he will make a statement on the matter. [21057/19]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that under the Non-EEA National Family Reunification Policy Document published by the Irish Naturalisation and Immigration Service (INIS) of my Department, the immigration permission granted to successful applicants under the policy is dependent both on the status of their sponsor and their relationship to the sponsor.

For example, only the non-EEA immediate family members of Irish citizens on arrival in the State are granted a stamp 4 immigration permission upon registering. This permission gives the individual the right to work without an employment permit and to establish or manage/operate a business in the State. Immediate family members are the spouse, civil or de facto partners of the sponsor and their children under the age of 18.

All other family members of successful applicants (including parents) are provided with a Stamp 3 or 1G on registration and are subject to the employment permits requirements of the Department of Business, Enterprise and Innovation.

Garda Bureau of Fraud Investigations

Ceisteanna (129)

Maureen O'Sullivan

Ceist:

129. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality when the Garda insurance fraud unit will be operational; the remit of the unit; the resources allocated to same; his views on whether this unit is long overdue in view of the number of high-profile cases recently relating to insurance fraud; and if he will make a statement on the matter. [21058/19]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that it is the Garda Commissioner who is solely responsible for organisational matters, such as the establishment of individual Garda units, the remits of any such units, and the resourcing of units.

However, as outlined in my response to parliamentary question number 458 of 8 May 2019, the Garda Commissioner is of the view that a divisional focus on insurance fraud is preferable to the establishment of a centralised investigation unit. This approach is aligned with the divisional-focused Garda model. It is the intention of the Commissioner that the Garda National Economic Crime Bureau (GNECB) will guide divisions and provide training in the investigation of insurance fraud.

The Cost of Insurance Working Group (CIWG) specifically called for An Garda Síochána (AGS) to explore the potential for further cooperation between it and the insurance sector in relation to insurance fraud investigation. An industry-funded Garda insurance fraud unit was one option considered in this regard.

While the Commissioner has indicated that he does not support industry funding of Garda units, he is open to considering other industry-funded proposals to combat insurance fraud, for example, IT projects and/or the appointment of analysts. My Department is currently engaging with AGS to this end, exploring these options and any other potential avenues for cooperation with the insurance sector.

On a wider level, much constructive engagement has taken place, including the commitment by AGS and Insurance Ireland’s Anti-Fraud Forum to meet on a regular basis in order to discuss and act upon current and ongoing general issues which arise in the area of insurance fraud.

In relation to the scale of insurance claim fraud reported to AGS, the most recent figures available to the Department show that, in the period 1 October 2018 to 28 February 2019, 22 incidents of ‘insurance claim fraud’ were recorded on PULSE. Please note that this data is correct as at 4 March 2019, however it is operational and therefore subject to change.

I would like to draw the Deputy’s attention to AGS’s Operation Coatee, which targets insurance-related criminality. Last month, the GNECB, supported by Lucan Garda Station, CAB and the Armed Support Units, carried out searches in the west Dublin area with a view to submitting files to the Director of Public Prosecutions. Operation Coatee was successful in making a number of important seizures including documentation and financial records.

Visa Applications

Ceisteanna (130)

Maureen O'Sullivan

Ceist:

130. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the average length of time for visa applications and change-in-status applications; and if he is satisfied there is adequate staff in place to deal with same. [21059/19]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there are many immigration pathways and application processes available to individuals lawfully present in the State who wish to reside on a longer term basis. These include student and employment type permissions and various schemes facilitating family settlement including non-EEA national family members of Irish nationals and EU nationals.

Similarly, requests for changes in conditions of residence relate to a broad range of permission categories and modes of application. In light of this, the information requested by the Deputy in relation to average processing times is not readily available and would involve a disproportionate use of resources to compile.

I am however advised that, in general, the average processing time varies depending on the application type. For example, it is open to certain applicants to attend at their local Immigration Office for the appropriate permission to reside or to request a change in the type of immigration permission held. I understand that the majority of such cases are processed on the day of application or within in a very short timeframe depending on the availability of appointments.

The Deputy will appreciate that INIS also deals with complex cases involving detailed assessment of the individual circumstances and compliance with relevant scheme criteria and various legal requirements. While every effort is made to process such written or on-line applications efficiently, processing times may vary having regard to the overall volume of applications and their complexity. I am advised that some cases may take in excess of 12 months to complete.

I can assure the Deputy that the key priorities for INIS include making the application process as streamlined as possible and delivering sound decisions to applicants under each scheme. The resources available for these activities, which includes the provision of overtime where appropriate, and the accompanying operational and organisational structures, are kept under ongoing review to ensure that applications are processed as efficiently as possible.

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