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Wednesday, 7 Nov 2012

Written Answers Nos. 151-157

Court Procedures

Ceisteanna (151)

John Lyons

Ceist:

151. Deputy John Lyons asked the Minister for Justice and Equality if he will provide further information on his planned reforms of the family court system; the measures that will be implemented to make it a more transparent and open system; and if he will provide a timeline for the publication of any draft legislation in this area. [48899/12]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Government recently approved in principle my proposals for reforms to our courts structures which will, in due course, require the holding of a constitutional referendum. The proposed reforms are intended, if approved in a referendum, to facilitate the establishment of a new separate family courts structure which will streamline family law court processes and make them more efficient and less costly. Considerable work will be necessary to develop these proposals and this has already commenced in my Department. A decision on the timing of the necessary referendum will be made at a later date.

In addition, on 31 October 2012 the Government approved my proposals for the urgent drafting of a Bill to amend the in camera rule in order to introduce greater transparency in the administration of family and child care law. The existing statutory privacy provisions in respect of family and child care court proceedings will be retained while allowing the attendance in court of bona fide members of the press as is the case in the trial of sexual offences. A strict prohibition will apply on reporting of material likely to identify the parties to the proceedings and any children to which the proceedings relate. Media access and reporting of cases will add transparency to the conduct of family law and child care proceedings and will provide valuable information on the operation of the law.

As I indicated in response to Question No. 10 of 24 October 2012, there are also alternatives to court available in the area of family law and I intend to bring forward, in the coming months, a Bill to promote mediation as a viable and cost effective alternative to court proceedings. The main objective of the Bill is the reduction of legal costs, the speeding up of dispute resolution and the lessening of the stress involved in court proceedings. These provisions are designed to ensure that the legal framework supports the parties in reaching an agreed and enduring resolution to their disputes where possible.

Crime Prevention Officers

Ceisteanna (152)

Tom Hayes

Ceist:

152. Deputy Tom Hayes asked the Minister for Justice and Equality if he will provide an update regarding the appointment of a crime prevention officer for County Tipperary; and if he will make a statement on the matter. [48908/12]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by the Garda Commissioner that under the GRACE Programme, which was established in September 2011, the Commissioner has tasked a small group to examine the overall operational effectiveness and resilience of the Force and recommend where further savings and effectiveness could be achieved. One of the issues being addressed is the role of the Crime Prevention Officers, CPO. The replacement of CPOs has been deferred pending the outcome of this examination.

Local Garda management in Tipperary advises that the crime prevention function of An Garda Síochána being provided to the community has not been adversely affected as crime prevention and personal security advice is being provided by appropriate divisional resources. Where more in-depth specialist advices are required the services of the divisional crime prevention officer from the neighbouring Waterford Garda division are utilised.

Proposed Legislation

Ceisteanna (153)

Thomas P. Broughan

Ceist:

153. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the position regarding the proposed Coroners Bill; the main measures contained in the Bill; and if he will make a statement on the matter. [48992/12]

Amharc ar fhreagra

Freagraí scríofa

The Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed in my Department with a view, among other matters, to making it as cost-effective as possible. The Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the coroners review group in 2000 and the Coroners Rules committee in 2003 and it aims to fulfil various obligations placed on the State by the European Convention on Human Rights and, particularly, the Article 2 requirement in relation to the investigation of deaths of persons involving the State.

The key elements of the Bill include:

- enhancing inquiry and inquest processes,

- establishing the office of Chief Coroner to provide leadership and direction in all coronial matters;

- providing the necessary legal framework for the establishment of a new Coroner Service;

- moving to a smaller number of full-time coroners;

- statutory requirement to ensure that family members are notified at significant steps of the coronial process;

- clarifying a specific regime for coroner post-mortem examinations, including provision for retention and release of body parts and bodily samples, and

- promoting cooperation between coroners and other agencies also involved in investigations of deaths.

It would be my hope to progress the Coroners Bill next year.

The Civil Law (Miscellaneous Provisions) Act 2011 provides for some early reforms in coronial matters, including an amalgamation of the Dublin County and City coronial districts.

Visa Applications

Ceisteanna (154)

Joe McHugh

Ceist:

154. Deputy Joe McHugh asked the Minister for Justice and Equality the position regarding the visa waiver programme; the uptake of the programme to date; the tourism dividend from residents of countries to which the visa waiver programme pertains; and if he will make a statement on the matter. [48994/12]

Amharc ar fhreagra

Freagraí scríofa

The Irish Short-stay Visa Waiver Programme, which was devised by the Irish Naturalisation and Immigration Service, INIS, of my Department, commenced on 1 July 2011 and was originally scheduled to run on a pilot basis until the end of October 2012. It allows tourists or business people who have lawfully entered the UK, including Northern Ireland, on a valid UK visa to travel on to Ireland without the requirement to obtain an Irish visa. The Government decided on 12 March 2012 to extend the programme for a further period of four years i.e. to end October 2016 in the light, particularly, of the positive response from tourism agencies and operators.

The programme applies to nationals of 17 countries (increasing from 16 on 1 November 2012 to include nationals of Bosnia and Herzegovina) mainly from Asia (including China and India), the former Soviet Union and the Gulf and Middle East regions all of which are regarded as key development markets for Irish business and tourism interests. The programme has been widely welcomed by the business and tourism sectors as an aid to developing important overseas markets.

Tourism Ireland, the organisation responsible for promoting the island of Ireland overseas as a leading holiday destination, has reported some significant success indicators for the programme:

- 36 new tour operator itineraries from China have been established since the start of the Programme.

- Existing Chinese tour operators have added almost 2,500 people to their tours between July 2011 and August 2012.

- Publicity about the Programme in China generated the equivalent of over €855,000 of advertising in the same period.

- 20 tour operators in India have reported new itineraries or additional passengers since the launch of the Programme.

- A number of tour operators in the Gulf region have added Ireland to their tourist itineraries for the first time.

It has not been possible to ascertain exactly how many people have made use of the Visa Waiver Programme as the only comprehensive way of doing so would be to check all persons arriving at ports of entry in Ireland. It was considered that the potential disruption to tourists, especially during peak summer months, outweighed the benefit to be got from having an exact count of usage of the Waiver. It is proposed, however, to conduct a focussed survey to provide information from which the use of the programme can be extrapolated. The methodology of such a survey will take into account the need to ensure as speedy a transit through immigration control for legitimate tourists and business visitors as possible.

My Department is constantly seeking ways in which the visa system can facilitate increased business and tourism from growing markets and, in this regard, meets regularly with tourism and business promotion agencies to discuss initiatives in this area.

Criminal Legal Aid

Ceisteanna (155)

John Browne

Ceist:

155. Deputy John Browne asked the Minister for Justice and Equality further to Parliamentary Question No. 158 of 25 October 2012, if there are any further and or secondary fees to which solicitors and barristers are entitled to claim under the Criminal Legal Aid scheme in an indictable matter, other than those set out in the schedule attached to the reply to the previous parliamentary question, for example, fees for consultations and / or consideration of disclosure requirements in a particular case; and if he will make a statement on the matter. [49012/12]

Amharc ar fhreagra

Freagraí scríofa

My reply to Parliamentary Question No. 158 on 25 October 2012 set out details of the main fees payable under the criminal legal aid scheme. I also informed the Deputy that disbursements may be covered which are reasonably made for the purposes of a case by a solicitor and are of a reasonable amount and that travel and subsistence expenses are payable to solicitors. No fee is normally paid for the review of disclosed material as this is deemed to be covered by the brief fee. The regulations also allow for the following claims for fees and expenses to be paid in certain circumstances: (a) solicitor and counsel can claim a fee of €97.22 in respect of any visit to a person in prison that is essential to the preparation and conduct of the person's defence and €91.52 in respect of a contested bail application to the Circuit Court or Special Criminal Court; (b) a consultation fee in connection with a criminal legal aid case (other than on a hearing date) can be claimed by solicitor and counsel where their client is on bail (amount depends on the duration of the consultation).

Crime Prevention

Ceisteanna (156)

James Bannon

Ceist:

156. Deputy James Bannon asked the Minister for Justice and Equality the steps that he is taking to prevent metal theft from public places such as parks, roadsides and church grounds; and if he will make a statement on the matter. [49016/12]

Amharc ar fhreagra

Freagraí scríofa

I can assure the Deputy that An Garda Síochána is very much aware of the increase in the theft of metal and is targeting such crime, as well as burglaries and theft-related crimes generally, through a number of initiatives. Garda divisional officers have been advised of measures which can be put in place to prevent and reduce the opportunity for such crime, involving relevant external stakeholders where appropriate. Crime Prevention officers are also engaged in providing advice to members of the public, businesses and other organisations, including in the context of the locations referred to by the Deputy.

Tackling such crime requires a collaborative effort and targeted multi-agency response. Following an analysis of crime trends, An Garda Síochána has established a metal theft forum involving stakeholders particularly affected by this type of crime, including the Irish Farmers' Association, the Irish Creamery Milk Suppliers association, the Electricity Supply Board, telecoms, transport companies, brewing concerns and the Department of the Environment, Community and Local Government. A metal theft crime prevention and reduction plan is at an advanced stage of development following discussion with the metal theft forum. I look forward to the outcome of this process so that a properly considered and strategic response can be put in place, to supplement the existing crime prevention and detection operations which An Garda Síochána have in place to tackle this type of crime.

Defence Forces Reserve Review

Ceisteanna (157)

James Bannon

Ceist:

157. Deputy James Bannon asked the Minister for Defence if he will ensure that the FCA unit in Longford Town continues in operation, as it was promised that it would remain open in Longford following the closure of Connolly Barracks; and if he will make a statement on the matter. [48809/12]

Amharc ar fhreagra

Freagraí scríofa

A value for money review of the Reserve Defence Force was recently completed and submitted to myself and the Secretary General of my Department for consideration. In advance of the publication of its accompanying report and in line with the guidelines and normal procedure for value for money reviews, the responses to the recommendations are currently being developed. Until such time as these deliberations are finalised, I cannot comment on any aspect of the future of the Reserve.

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