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Written Answers — Department of Justice and Equality: Policing Authority Reports (19 Oct 2017)

Charles Flanagan: As the Deputy will be aware there is an extensive programme of reform underway affecting all aspects of the administration and operation of An Garda Síochána. This follows the Government's approval in July 2016 of a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the Garda Inspectorate report 'Changing...

Written Answers — Department of Justice and Equality: Immigration Policy (19 Oct 2017)

Charles Flanagan: I propose to take Questions Nos. 38 and 41 together. Successive Ministers have informed the House that there are no plans to introduce a general regularisation scheme for those who are currently illegally resident in the State. Any such proposals could give rise to any number of unpredictable and potentially very costly impacts across the full range of public and social services. In...

Written Answers — Department of Justice and Equality: Youth Justice Strategy (19 Oct 2017)

Charles Flanagan: As the Deputy will be aware the statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The Act essentially provides that a young person who is responsible for committing a crime shall be considered for admission to the Programme. The Diversion Programme has been very successful in its primary purpose of diverting young offenders...

Written Answers — Department of Justice and Equality: Garda Deployment (19 Oct 2017)

Charles Flanagan: As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is...

Written Answers — Department of Justice and Equality: Court Procedures (19 Oct 2017)

Charles Flanagan: As the Deputy may be aware, a Group to review the administration of civil justice in the State, chaired by the President of the High Court Mr Justice Peter Kelly, was established recently. Membership, reporting structures and the remit of the Group are in the process of being finalised and the first meeting of the Group is scheduled for 9 November 2017. The Group is to report to me within...

Written Answers — Department of Justice and Equality: Garda Youth Diversion Projects (19 Oct 2017)

Charles Flanagan: As the Deputy will be aware the statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The Act essentially provides that a young person who is responsible for committing a crime shall be considered for admission to the Programme. The Diversion Programme has been very successful in its primary purpose of diverting young offenders...

Written Answers — Department of Justice and Equality: European Security Strategy (19 Oct 2017)

Charles Flanagan: A proposal to establish a European Travel Information and Authorisation System (ETIAS) with similar objectives to the US 'ESTA' system was put forward by the European Commission on 16 November 2016. The proposal builds upon the measures in the Schengen acquis that concern the crossing of borders and in which Ireland and the UK do not participate. Therefore, Ireland (along with the UK) is...

Written Answers — Department of Justice and Equality: Data Protection (19 Oct 2017)

Charles Flanagan: In July 2016 the Government approved proposals to draft a Bill making amendments to the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 in order to modernise in certain respects the legal framework for the lawful interception of communications and electronic surveillance. Work is ongoing in my...

Written Answers — Department of Justice and Equality: Court Judgments (19 Oct 2017)

Charles Flanagan: As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the President of the High Court and the presiding judge who are, under the Constitution,...

Written Answers — Department of Justice and Equality: Garda Deployment (19 Oct 2017)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I as Minister, I have no direct role in the matter. I am assured by the Garda Commissioner that personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually...

Written Answers — Department of Justice and Equality: Garda Commissioner Appointment (19 Oct 2017)

Charles Flanagan: As the Deputy is aware the Policing Authority under section 9 of the Garda Síochána Act 2005, as amended, has responsibility for nominating persons for appointment by the Government to the post of Garda Commissioner. This will be the first time that the new legislative process is utilised and I have consulted with the Chair of the Authority about a process to identify and...

Written Answers — Department of Justice and Equality: Garda Station Refurbishment (19 Oct 2017)

Charles Flanagan: As the Deputy will appreciate, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in relation to these matters. The Garda Station Building and...

Written Answers — Department of Justice and Equality: Garda Retirements (19 Oct 2017)

Charles Flanagan: This matter has been considered on a number of occasions in both Houses. The background to it is that prior to 1 October 1976, where a member of An Garda Síochána resigned or was dismissed before reaching the age and service at which he could retire on pension, that member forfeited all superannuation benefits under the then Garda Síochána Superannuation Scheme. This...

Written Answers — Department of Justice and Equality: Garda Resources (19 Oct 2017)

Charles Flanagan: As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is...

Written Answers — Department of Justice and Equality: Direct Provision System (19 Oct 2017)

Charles Flanagan: The Deputy will be aware that the majority of the recommendations contained in the McMahon report are either implemented or are being implemented.  Full details of the status of these recommendations are available on the website of the Department at   While I do not propose to go through any of the recommendations in detail I would like to note in particular developments in a small...

Written Answers — Department of Justice and Equality: Criminal Injuries Compensation Tribunal (19 Oct 2017)

Charles Flanagan: The Criminal Injuries Compensation Tribunal, which administers the Scheme of Compensation for Personal Injuries Criminally Inflicted, is independent in considering applications and neither I nor my Department have any role in the processing of applications. Tribunal members, who are practising barristers and practising solicitors in the Courts system, provide their services on a part-time...

Written Answers — Department of Justice and Equality: Criminal Injuries Compensation Tribunal (19 Oct 2017)

Charles Flanagan: The Deputy will be aware that the Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. The Tribunal is independent in considering applications and neither I nor my Department have any role in the processing of applications and therefore cannot comment on any individual case. I should advise you that...

Written Answers — Department of Justice and Equality: Child Custody and Access (19 Oct 2017)

Charles Flanagan: I refer the Deputy to my reply to his previous questions (nos. 323 & 325) of 20 September 2017 in which I stated that I do not propose to introduce legislation to provide for equal shared parenting as this may not be in the best interests of the child in every family situation, and particularly in cases where domestic violence is involved. Section 3 of the Guardianship of Infants...

Written Answers — Department of Justice and Equality: Naturalisation Eligibility (19 Oct 2017)

Charles Flanagan: The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended.  Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions as set out in the Act are fulfilled.  The statutory...

Written Answers — Department of Justice and Equality: Visa Applications (19 Oct 2017)

Charles Flanagan: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned submitted an application for De Facto Partner Immigration Permission on 18 July 2017.  An acknowledgement letter was issued on 19 July 2017.  Applications are dealt with in strict chronological order.  INIS will be in contact with the applicant shortly. ...

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