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 Header Item Written Answers Nos. 1266-1282
 Header Item Employment Rights Issues
 Header Item Garda Vetting of Personnel
 Header Item Garda Strength
 Header Item Proposed Legislation
 Header Item Appointments to State Boards
 Header Item Gender Quotas
 Header Item Garda Strength
 Header Item Criminal Law Codification Project
 Header Item Naturalisation Applications
 Header Item Departmental Programmes
 Header Item Asylum Applications
 Header Item Asylum Seeker Accommodation

Tuesday, 18 September 2012

Dáil Éireann Debate
Vol. 774 No. 1

First Page Previous Page Page of 162 Next Page Last Page

Written Answers Nos. 1266-1282

Employment Rights Issues

 1266. Deputy Finian McGrath Information on Finian McGrath Zoom on Finian McGrath asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if he will investigate the allegation of inaction on a case (details supplied) regarding an employment contract; and if he will make a statement on the matter. [38835/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Garda Vetting of Personnel

 1267. Deputy Simon Harris Information on Simon Harris Zoom on Simon Harris asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if all gardaí have up-to-date Garda vetting in line with child protection guidelines; and if he will make a statement on the matter.  [38837/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I have asked the Garda Commissioner for a report on the matter raised by the Deputy and I will be in touch with him when this has been received.

Garda Strength

 1268. Deputy Simon Harris Information on Simon Harris Zoom on Simon Harris asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of gardaí in the County Wicklow Garda district; if he will provide a breakdown of these gardaí by rank and duties and by the station in which they are based; and if he will make a statement on the matter.  [38838/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. For operational reasons, it is not the practice to list the specific duties of each member of the Garda Síochána in a Garda Division. More generally, Section 7 of the Garda Síochána Act 2005 outlines the functions of the Garda Síochána.

  I am informed by the Garda authorities that as of 31 July 2012, the personnel strength of Wicklow Garda Division, broken down by station and rank, is as set out in the following table.

District/Station C/Supt Supt Insp Sgt Gda
Baltinglass District          
Baltinglass - - 1 5 29
Blessington - - - 2 16
Carnew - - - 1 3
Donard - - - - 1
Dunlavin - - - - 2
Hollywood - - - - 1
Shilleagh - - - - 1
Tinahealy - - - - 2
Bray District          
Bray 1 1 5 16 100
Enniskerry - - - 1 5
Greystones - - - 4 31
Newtownmountkennedy - - - 1 3
Wicklow District          
Arklow - - 1 4 29
Ashford - - - 2 8
Aughrim - - - - 2
Avoca - - - - 2
Rathdrum - - - 1 3
Roundwood - - - 1 3
Wicklow - 1 1 6 40

Proposed Legislation

 1269. Deputy Simon Harris Information on Simon Harris Zoom on Simon Harris asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the date on which he expects to introduce the new capacity legislation; and if he will make a statement on the matter. [38839/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The Government Legislation Programme, published today, indicates that the Mental Capacity Bill is expected to be published in this session.

  The Bill, which is at an advanced stage of drafting, will reform the law on mental capacity taking into account the Law Reform Commission's Report on Vulnerable Adults and the Law. The Bill will replace the Wards of Court system with a modern statutory framework to support persons with impaired decision-making ability.

  The enactment of new mental capacity legislation is one of the core elements of the remaining work to be completed to enable ratification of the UN Convention on the Rights of Persons with Disabilities.

Appointments to State Boards

 1270. Deputy Dominic Hannigan Information on Dominic Hannigan Zoom on Dominic Hannigan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter his plans to put the 40% gender target for State boards outlined in the programme for Government on a mandatory footing; and if he will make a statement on the matter.  [38841/12]

 1272. Deputy Dominic Hannigan Information on Dominic Hannigan Zoom on Dominic Hannigan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if he will outline, in tabular form, both the number and the percentage of women and men on State boards under the aegis of his Department in each of the past ten years; if he will provide the most up-to-date figures available regarding the number and percentage of women and men on State boards under the aegis of his Department in 2012; and if he will make a statement on the matter. [38861/12]

 1283. Deputy Anne Ferris Information on Anne Ferris Zoom on Anne Ferris asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the steps he is taking to ensure that State boards have at least 40% of each gender, as provided for in the programme for Government; the percentage at present; and if he will make a statement on the matter.  [39157/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I propose to take Questions Nos. 1270, 1272 and 1283 together.

  Since 2003, and in accordance with a Government decision, statistics have been collated on the representation of women on State Boards to monitor progress towards the Government target of at least 40 per cent representation of each gender on State Boards. This target was reiterated by the current Government in the Programme for Government for National Recovery 2011-2016.

  The following table shows the percentage of women and men on the State Boards of the Department of Justice and Equality for each year from 2003 to 2011. The figures for 2012 are not yet available from my Department. I hope to bring a Memorandum to Government on women’s representation on State Boards in 2011. This will facilitate a discussion on the commitment in the Programme for Government and of the requirement to enhance the position of women on State Boards.

Department of Justice and Equality State Board Figures

Year End Total* Male Male

%
Female Female

%
2011 291 185 63.6 106 36.4
2010 285 198 69.0 87 31.0
2009 199 139 70.0 60 30.0
2008 317 223 70.3 94 29.7
2007 297 202 68.0 95 32.0
2006 289 188 65.1 101 34.9
2005 307 192 63.0 115 37.0
2004 263 151 56.1 112 43.9
2003 276 167 61.0 109 39.0
*Total number serving on State Boards at year end. This figure does not include any Board vacancies.

Gender Quotas

 1271. Deputy Dominic Hannigan Information on Dominic Hannigan Zoom on Dominic Hannigan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter his position on European Commissioner Viviane Reding’s draft proposal to apply a mandatory gender quota to boards of public companies in the EU; and if he will provide details of any formal communications of this position issued by him; and if he will make a statement on the matter. [38842/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I understand that discussions are still ongoing at European Commission level in relation to a proposal by Commission Vice-President Reding to strengthen the role of Women on Corporate Boards. A policy orientation discussion was held during the Danish Presidency and this was attended by Minister of State Kathleen Lynch T.D. When the Commission's proposals are tabled, I will examine them and will consult with my colleague, Minister Richard Bruton, with regard to the formulation of an Irish policy position.

  Question No. 1272 answered with question No. 1270.

Garda Strength

 1273. Deputy Pearse Doherty Information on Pearse Doherty Zoom on Pearse Doherty asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if he will provide a breakdown, in tabular form, of the number of gardaí in each district and rank in County Donegal for the years 2008, 2009, 2010, 2011 and to date in 2012; and if he will make a statement on the matter.  [38872/12]

 1274. Deputy Pearse Doherty Information on Pearse Doherty Zoom on Pearse Doherty asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number and rank of positions within the gardaí in each district in County Donegal that are not currently filled; and if he will make a statement on the matter.  [38873/12]

Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I propose to take Questions Nos. 1273 and 1274 together.

  The Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

  While regulations have previously provided for the numbers permitted in each rank, these have been upper ceilings for those numbers, rather than target strengths, and are set at a national rather than local level. It is therefore not generally practical to indicate precise levels of vacancies at the different ranks in specific locations.

  I have been informed by the Garda Commissioner that the personnel strength of each Garda District in the Donegal Garda Division, by rank, on 31 December 2008, 2009, 2010, 2011 and on 31 July 2012, the latest date for which figures are readily available, was as set out in the tables below. There are also 24 Garda Reserves and 30 Civilians attached to the Donegal Garda Division. These resources are augmented, when appropriate, by Gardaí from national units.

    

2008

- C/Supt Supt Insp Sgt Gda Total
Ballyshannon     1 13 79 93
Buncrana   1 1 11 78 91
Glenties   1 1 8 47 57
Letterkenny 1 1 5 33 151 191
Milford   1 1 9 45 56
    2009
    - C/Supt Supt Insp Sgt Gda Total
    Ballyshannon   1 1 12 78 92
    Buncrana   1 1 9 73 84
    Glenties   1 1 7 47 56
    Letterkenny 1 1 6 28 145 181
    Milford   1 0 7 47 55
      2010
      - C/Supt Supt Insp Sgt Gda Total
      Ballyshannon   1 1 14 83 99
      Buncrana   1 1 10 69 81
      Glenties   1 1 8 47 57
      Letterkenny 1 1 4 28 141 175
      Milford   1 0 7 46 54


      2011
      - C/Supt Supt Insp Sgt Gda Total
      Ballyshannon   1 1 14 78 94
      Buncrana   1 1 10 64 76
      Glenties   1 0 8 48 57
      Letterkenny 1 1 4 23 135 164
      Milford   1 0 7 44 52


      2012
        C/Supt Supt Insp Sgt Gda Total
      Ballyshannon   1 1 13 77 92
      Buncrana   1 1 10 63 75
      Glenties   1 0 8 48 57
      Letterkenny 1 1 4 21 135 162
      Milford   1 0 5 44 50

        Question No. 1275 answered with Question No. 1154.

      Criminal Law Codification Project

       1276. Deputy Anne Ferris Information on Anne Ferris Zoom on Anne Ferris asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if the criminal law codification project will proceed; and if he will make a statement on the matter. [38917/12]

      Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The criminal law codification project envisages the replacement of the existing primary sources of criminal law, both statute and judicial interpretation, by a comprehensive code. The purpose of the code is to enhance the clarity and accessibility of the criminal law. It is not intended to provide for substantive law reform. A draft partial code was prepared by the Criminal Law Codification Advisory Committee and published on my Department's website on 23 June 2011.

      While I am favourably disposed towards the concept of codification, I have to have regard to the fact that enactment of a criminal code would involve a substantial legislative programme over a number of years which has implications for the use of scarce State resources. Having reviewed the project in the light of the current constraints facing the Government, I will be bringing proposals to Government shortly in relation to the project. An announcement will be made after the Government has considered the matter.

      Naturalisation Applications

       1277. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the extent to which the application for naturalisation has been processed to date in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [38971/12]

      Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received on behalf the person referred to by the Deputy, from their parent, in June, 2011.

      The application is at an advanced stage of processing and will be submitted to me for decision as expeditiously as possible.

      As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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 INIS 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.

      Departmental Programmes

       1278. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of inquires that have been received by him in relation to the immigrant investor programme and the start-up entrepreneur programme since their announcement in budget 2011; and if he will make a statement on a matter (details supplied).  [39137/12]

       1279. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of successful applications that have been granted by him in relation to the immigrant investor programme and start-up entrepreneur programme since their inception; and if he will make a statement on a matter (details supplied).  [39138/12]

       1280. Deputy Patrick O'Donovan Information on Patrick O'Donovan Zoom on Patrick O'Donovan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the number of applications that have been received by the evaluation committee in his Department in relation to the immigrant investor programme and the start-up entrepreneur programme since their inception: and if he will make a statement on a matter (details supplied)  [39139/12]

      Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter I propose to take Questions Nos. 1278 to 1280, inclusive, together.

      The Irish Naturalisation and Immigration Service has informed me that there continues to be a significant number of enquiries from potential applicants and their representatives for both programmes. To date, one application for the Immigrant Investor Programme has been received as well as eleven applications for the Start-up Entrepreneur Programme. I have recently approved one application under the Immigrant Investor Programme and two applications under the Start-up Entrepreneur Programme on foot of recommendations from the Evaluation Committee. I understand that six of the applications received for the Start-up Entrepreneur Programme remain under consideration by the Evaluation Committee. Statistics are not maintained in respect of individual enquiries.

      Asylum Applications

       1281. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter the current and-or expected position in relation to residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter.  [39141/12]

      Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The person concerned is the subject of a Deportation Order signed on 26 February, 2008 following a comprehensive and thorough examination of her asylum claim, her application for subsidiary protection and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

      In April, 2008 the person concerned initiated judicial review proceedings challenging the decision to make a Deportation Order in respect of her. Those proceedings were struck out in favour of the Respondent on 17 June, 2009 and accordingly, the Deportation Order stood.

      An application by this person in respect of the Zambrano judgement has now been received. This will be considered shortly. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

      Queries in relation to the status of individual immigration cases may be made directly to INIS 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.

      Asylum Seeker Accommodation

       1282. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Justice and Equality Information on Alan Shatter Zoom on Alan Shatter if a person (details supplied) in County Waterford could be transferred to accommodation near Drogheda, County Louth where they attend school. [39142/12]

      Minister for Justice and Equality (Deputy Alan Shatter): Information on Alan Shatter Zoom on Alan Shatter The family referred to in the details supplied applied for access to RIA accommodation during the summer holidays in 2012 and were facilitated with accommodation in Tramore, County Waterford from 17 July, 2012. As is standard practice, the accommodation centre manager in Tramore was available to link this child with a school in the Tramore area over the summer and this remains the case. If the person referred to in the details supplied consults with the centre manager, arrangements will be made for the child to be enrolled in a local school in Tramore.


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