Written Answers Nos. 303-324Defence Forces Personnel 303. Deputy Peter Fitzpatrick Minister for Defence (Deputy Simon Coveney): I am informed by the military authorities that a total of 15 applicants for the 27th Infantry Battalion reserve are currently waiting on security clearance. It would not be appropriate to comment further on individual applications. Legal Costs 304. Deputy Billy Timmins Minister for Defence (Deputy Simon Coveney):
The Deputy might note that expenditure is subject to a number of unpredictable variables including the timing of court hearings, the progression of cases and numbers, value and timing of awards and settlements. In cases where the State is considered liable or which involve an apportionment of liability as between the State and the claimant, the Chief State Solicitor’s Office and the State Claims Agency’s approach is to settle such cases expeditiously in so far as it is possible to do so on reasonable terms. In cases where liability is fully disputed by the State, all necessary resources are applied to defending such claims robustly. *During 2011/2012, the Department engaged with the Chief State Solicitor’s Office and the State Claims Agency in a review of old cases. This identified many cases that had been finalised i.e. struck out for lack of prosecution, discontinued or settled. Departmental Staff Data 305. Deputy Regina Doherty Minister for Defence (Deputy Simon Coveney): International Agreements 306. Deputy Micheál Martin Minister for Justice and Equality (Deputy Frances Fitzgerald): These proposals relate to visa liberalisation between the EU member states operating visa free travel within the Schengen area. Ireland has not applied to participate in those aspects of the Schengen Aquis that provide for the abolition of internal border checks. This decision has been taken to maintain the Common Travel Area with the United Kingdom which remains a priority for Ireland. International Terrorism 307. Deputy Micheál Martin 308. Deputy Micheál Martin Minister for Justice and Equality (Deputy Frances Fitzgerald): Taking measures to combat terrorism is a shared priority for the Member States of the European Union and discussion on these issues have been at the top of the agenda at my regular meetings with my EU counterparts. The Justice and Home Affairs Council held an emergency meeting in the week following the appalling attacks in Paris on 13 November and Ministers were at one in seeking an appropriate and unified response to those attacks, including all reasonable measures to counteract the terrorism threat. In this regard, the Council Conclusions of 20 November 2015, agreed by all the Member States, underline the importance of accelerating the implementation of all areas covered by the statement on counter-terrorism issued by the Members of the European Council on 12 February 2015 and, in particular, of the following measures: the EU Passenger Name Record (PNR) directive, firearms, controls of external borders, information-sharing, terrorist financing and the criminal justice response to terrorism and violent extremism. In referring to the critical importance of co-operation between the police and intelligence services in combating terrorism, I expressed my view that enhanced access for EU police and security services to data and intelligence-sharing has a critical role in the fight against terrorism. An Garda Síochána co-operates closely with it EU counterpart services and it makes full use of the range of information-sharing means available to them, including through Interpol, Europol and bi-lateral channels. That said, opportunities that we consider could further enhance that co-operation must be pursued. In this regard, I am determined that An Garda Síochána will have access to the Schengen Information System for terrorism and criminal purposes and I am arranging that the necessary steps in this regard will now be taken as quickly as possible. In relation to the EU PNR Directive, I confirmed at the Council that Ireland fully supports the aim of securing early agreement with the European Parliament given the importance of ensuring that for the purposes of combating terrorism and serious crime law, enforcement services can have access to PNR data in the context of a robust framework of safeguards for privacy and data protection. Schengen Agreement 309. Deputy Micheál Martin Minister for Justice and Equality (Deputy Frances Fitzgerald): Ireland (and the United Kingdom) only takes part in the police and criminal judicial measures of the Agreement and does not participate in the common border control and visa provisions. This decision was taken in order to maintain the Common Travel Area with the United Kingdom which remains a priority for Ireland. I am not aware of any proposal coming before Council that the Schengen Travel Area be dismantled. International Relations 310. Deputy Micheál Martin Minister for Justice and Equality (Deputy Frances Fitzgerald): It is widely recognised that it is very difficult to combat or address such viewpoints without engaging civil society in a broader discourse centred around the values of pluralism, civility and tolerance; qualities which in my view find abundant expression in our civil and political discourse. Unfortunately, there are those in every society who use tragedies such as the Paris attacks to denigrate those who are perceived as “different” or in some way perceived as “separate”. Fortunately, the overwhelming majority of people in our society actively oppose the expression of such extremist viewpoints. In addition, it is a feature of Irish political life that no political party espouses extreme right-wing views on immigrants which I take to indicate that there is little support amongst the public for such extreme opinions. As part of the recent Government decision establishing the Irish Refugee Protection Programme, the Government asked for a Communications Strategy and Implementation Plan to be developed, bearing in mind the issues which might arise during the course of the Programme’s implementation. This matter will be considered at the next meeting of the Taskforce which the Government established to oversee the Programme. Without seeking to pre-empt what the Communications Strategy and associated Plan might propose, I anticipate that it will address the area of concern raised by the Deputy by ensuring the provision and widespread communication of accurate information thereby decreasing the opportunity for misinformation being used to peddle alarmist and extremist viewpoints. Garda Operations 311. Deputy Pádraig Mac Lochlainn Minister for Justice and Equality (Deputy Frances Fitzgerald): Garda Compensation 312. Deputy Bobby Aylward 313. Deputy Bobby Aylward 314. Deputy Bobby Aylward Minister for Justice and Equality (Deputy Frances Fitzgerald): Visa Applications 315. Deputy Joe Costello Minister for Justice and Equality (Deputy Frances Fitzgerald): Taxi Regulations 316. Deputy Robert Troy Minister for Justice and Equality (Deputy Frances Fitzgerald): I am informed by the Garda authorities that specific initiatives targeting the SPSV industry, including checking PSV licences and other matters relating to the enforcement of road traffic and road transport legislation/regulations in respect of drivers and vehicles, are conducted by An Garda Síochána in conjunction with enforcement officers from the Office of the Commission for Taxi Regulation. I am further informed by the Garda authorities that as part on ongoing policy enforcement, a series of national taxi operations are scheduled throughout the year in conjunction with other agencies at both local and national level. An Garda Síochána also carries out planned mufti-agency checkpoints with other agencies such as the Road Safety Authority, Taxi Regulator, Customs and Excise, Revenue Commissioners and Social Welfare. Prisoner Rehabilitation Programmes 317. Deputy Bernard J. Durkan Minister for Justice and Equality (Deputy Frances Fitzgerald): A key principle in the Children Act relating to young offenders is that detention should be a last resort. In support of this principle, the legislation facilitates the incremental application of a series of measures, ranging from diversion in the first instance through community based sanctions, to detention. The first main filter in the youth justice system is the Garda Diversion Programme, involving at different stages and depending on the seriousness of the offence, the informal caution (without supervision) and the formal caution (with supervision), including possible involvement with a Garda Youth Diversion Project (GYDP). The second main filter is the range of non-custodial sanctions available to the courts including court orders for dismissal; conditional discharge; the payment of fines or costs; compensation and the binding over of parents, and orders imposing a community sanction involving a suite of Probation Service supervised sanctions. In supervising community sanctions, the Probation Service utilises a number of community based organisations with dedicated resources to work with young offenders. Finally and as a last resort, detention may be used. The operation of the above statutory framework is substantially supported by the significant investment by my Department in community based programmes which are directed at diverting young people from further involvement in criminal or anti-social behaviour. These youth justice community programmes proceed on the basis of evidence that diversion programmes in the form of high quality preventative intervention can do more to reduce crime than more costly custodial sanctions. In 2015, just under €17 million was allocated to Irish Youth Justice Service Community Programmes to administer Garda Youth Diversion Projects (GYDPs), Young Persons Probation Projects (YPPs) and a number of other youth diversion community-based projects. These programmes are managed in partnership with An Garda Síochána in the case of the GYDPs and the Probation Service in the case of YPPs. From 2015, all GYDPs and four of the YPPs are being co-funded under the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020. They are being funded as a social inclusion measure to increase the education and employment opportunities available to young people and to divert them from any further involvement with the criminal justice system. Legislative Process 318. Deputy Peter Mathews Minister for Justice and Equality (Deputy Frances Fitzgerald): Deportation Orders Re-examination 319. Deputy John McGuinness Minister for Justice and Equality (Deputy Frances Fitzgerald): However, if new information or circumstances have come to light, which has a direct bearing on their case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) to revoke the Deportation Order. However I wish to make clear that such a request would require substantial grounds to be successful. In the meantime, the Deportation Order remains valid and in place. The enforcement of the Deportation Order remains a matter for the Garda National Immigration Bureau. 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. Garda Remuneration 320. Deputy Michael Healy-Rae Minister for Justice and Equality (Deputy Frances Fitzgerald): I have sought clarification in relation to the information requested by the Deputy from the Minister for Public Expenditure and Reform and I will respond directly to the Deputy on receipt of a reply. Pensions and gratuities paid on retirement are based on factors which may vary from person to person, including length of service and their date of commencement of pensionable employment, and in these circumstances it is advised that individuals seek their own advice. International Terrorism 321. Deputy Clare Daly Minister for Justice and Equality (Deputy Frances Fitzgerald): Airport Security 322. Deputy Clare Daly Minister for Justice and Equality (Deputy Frances Fitzgerald): I am satisfied that the Council’s general approach on the PNR proposal, which was established in April 2012 and supported by Ireland, contains a robust set of bespoke safeguards for privacy and data protection in the context of a proportionate framework for providing law enforcement access to PNR data to support the fight against terrorism and serious crime. Departmental Correspondence 323. Deputy John McGuinness Minister for Justice and Equality (Deputy Frances Fitzgerald): Independent Review Mechanism 324. Deputy Finian McGrath Minister for Justice and Equality (Deputy Frances Fitzgerald): I have explained on numerous occasions that the process of the Independent Review was not a Commission of Inquiry or Investigation designed to make findings. The purpose of the review was to triage the complaints to establish whether there was any action which I could take to further resolution of that complaint. Recommendations by counsel were based on a review of the papers, and did not involve interviews or interaction with complainants or any other form of investigation, although counsel could where necessary recommend that I seek further information from persons or bodies. The Panel was independent and therefore no restriction was placed on the nature of recommendations which they might make. The position with regard to the conflict of interest highlighted in the attached correspondence has been explained to the person from whom the Deputy has received this correspondence, to their solicitor and to this House in reply to a number of Parliamentary Questions raising the matter. To reiterate, arrangements were put in place to ensure that if there is any conflict, or potential conflict, the conflicted counsel not only will not be involved in the particular complaint, but also will not be aware of which counsel was reviewing it. As regards the reference in the correspondence to the complaint against the Office of the Director of Public Prosecutions, my position in this regard is as stated in the Parliamentary Question to which the Deputy refers, the DPP is independent and I, as Minister, have no legal role in relation to its function. The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 298 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the case referred to by the Deputy, until the process is completed. |
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