Departmental Bodies.

Dáil Éireann Debate, Wednesday - 13 February 2008

Wednesday, 13 February 2008

Questions (273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285)

Leo Varadkar

Question:

368 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of Commission for the Victims of the Northern Ireland Conflict; if this commission is still in existence; the purpose and role of this commission; the number of members of the board of this commission; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this commission for each of the past five years; and if he will make a statement on the matter. [5336/08]

Written answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

The Remembrance Commission was established in October 2003 and remains in existence. The Commission administers the Scheme of Acknowledgement, Remembrance and Assistance to Victims in this Jurisdiction of the Conflict in Northern Ireland. Under the Scheme, the Commission makes payments to persons injured, or to the survivors of persons fatally injured, since 1969 as a direct result of the conflict in Northern Ireland, where the injury or death occurred in this jurisdiction or where the victim was normally resident in this jurisdiction at the time of their injury or death. The Commission may also make payments to victims or surviving families who have had to move their normal place of residence from Northern Ireland or this jurisdiction as a direct consequence of the conflict and wish to return. In addition the Commission makes payments to victim support groups for the purpose of meeting the counselling needs of victims or members of surviving families in this jurisdiction as a direct result of the conflict. It also assists the provision of memorials and other forms of commemoration.

There are five members of the Commission, all of whom are appointed by the Minister for Justice, Equality and Law Reform.

The Commission's expenditure in each year of its existence is as follows:

Year	€
2003	63,000
2004	2,193,790
2005	1,363,538
2006	1,920,114
2007	1,285,270
2008 (to date)	58,462

Leo Varadkar

Question:

369 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the Garda complaints tribunal; if this tribunal is still in existence; the purpose and role of this tribunal; the number of members of the board of this tribunal; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this tribunal for each of the past five years; and if he will make a statement on the matter. [5337/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

The Garda Síochána (Complaints) Act 1986 provided for the establishment of the Garda Síochána Complaints Board. The Board was established on 6 April 1987. The Act of 1986 also provided for the establishment of a Tribunal to hear and determine cases where the Board considers that a breach of discipline (which the Board does not consider to be minor and appropriate to be dealt with by the Commissioner) may be disclosed.

This Garda Síochána Complaints Tribunal is still in existence — its function being to hear and determine those cases which remained within the sphere of competence of the Garda Síochána Complaints Board in accordance with section 111 of the Garda Síochána Act 2005 and which were referred to it by the Board.

In accordance with the Second Schedule to the Act of 1986 the Tribunal is a three person body which is appointed by the Board from time to time to hear and determine cases. Two persons must be members of the Board and a third must be a member of the Garda Síochána, not below the rank of chief superintendent, who is nominated by the Garda Commissioner. In accordance with the First Schedule to the Act of 1986 the members of the Board are appointed by the Government. The Board comprises a Chairman and eight ordinary members (the Chairman and at least three of whom are solicitors or barristers of not less than ten years standing). Expenditure by the Garda Síochána Complaints Board on Tribunals and Appeals over the last five years is set out in the following table.

Year	Expenditure
	€
2003	69,495
2004	26,106
2005	28,446
2006	26,898
2007	Not Available

Leo Varadkar

Question:

370 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the Registration of Title Rules Committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5338/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

I can inform the Deputy that the Local Registration of Title Rules Committee was established under Sections 73 and 74 of the Courts of Justice Act 1936 and became the Registration of Title Rules Committee on 4 July 1964 under Section 126 of the Registration of Title Act 1964. The Registration of Titles Rules Committee is no longer in existence. It has been replaced by the Registration of Deeds and Titles Rules Committee which was established on 4 November 2006 under Sections 48, 72 and 74 of the Registration of Deeds and Title Act 2006.

The purpose of the Registration of Deeds and Title Rules Committee is to make, with the agreement of the Minister for Justice, Equality and Law Reform, general rules for carrying into effect the objectives of the Registration of Deeds and Title Act 2006. In accordance with Section 74 of the Registration of Deeds and Title Act 2006 the Committee consists of:

(a)the judge of the High Court for the time being assigned for that purpose by the President of the High Court, (currently Judge Mary Laffoy)

(b)the chairperson of the Authority, (currently Gerard McCaughey)

(c)the Chief Executive of the Authority, (currently Catherine Treacy)

(d)a practising barrister nominated by the General Council of the Bar of Ireland (currently James Dwyer, Senior Council), and

(e)a practising solicitor nominated by the Council of the Law Society of Ireland (currently Owen M. Binchy, Solicitor).

The Registration of Title Rules Committee and the new Registration of Deeds and Title Rules Committee have had no expenditure over the past five years. No salary is payable to the Registration of Deeds and Title Rules Committee and no claims for expenses have been made by the Committee Members.

Leo Varadkar

Question:

371 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the Circuit Court Rules Committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5340/08]

Leo Varadkar

Question:

373 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the District Court Rules Committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5342/08]

Leo Varadkar

Question:

378 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of Superior Court Rules Committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5347/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

I propose to take Questions Nos. 371, 373 and 378 together.

The District, Circuit and Superior Court Rules Committees are established under the Courts of Justice Act 1936, as amended. The Committees each make rules, with the concurrence of the Minister for Justice, Equality and Law Reform, relating to the conduct of proceedings in the District, Circuit and Superior Courts. The Committees are extant. The Committees comprise, generally, members of the judiciary and the legal professions. The expenditure for the past 5 years is set out in the attached tables.

Table A: District Court

Period	Amount (€)
January 2003 to December 2003	20,515.51
January 2004 to November 2004	31,844.17
December 2004 to November 2005	71,101.71
December 2005 to November 2006	37,750.09
December 2006 to November 2007	63,756.60
Total Expenditure 2003 to 2007	224,968.08

In addition to the expenditure outlined in the table above, a sum of €9,701.32 was incurred in the period 1st August to 30th November, 2007 due to the update of bench books.

Table B: Circuit Court

Period	Amount (€)
February 2003 to March 2006	8,101.98
April 2006 to November 2006	44,542.37
December 2006 to November 2007	31,896.44
Total Expenditure 2003 to 2007	84,540.79

Table C: Superior Courts

Period	Amount (€)
January 2004 to November 2004	64,385.69
December 2004 to November 2005	90,763.78
December 2005 to November 2006	46,984.79
December 2006 to November 2007	53,726.56
Total Expenditure 2003 to 2007	255,860.82

Travel and subsistence payments amounting to €5,639 were also made in respect of the Superior Court Rules Committee during the period January 2003 to July 2006.

Leo Varadkar

Question:

372 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the committee on court practice and procedure; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5341/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

The Committee on Court Practice and Procedure, which is still in existence, was established by the Minister for Justice on 13 April, 1962. Its main purpose is to examine and make recommendations on the operations of the Courts. The members are appointed by the Minister. The Committee currently comprises 4 Judges, 4 solicitors/barristers and 4 lay members.The expenditure for the past five years is as follows:

Year	Amount
	€
2007	Nil
2006	Nil
2005	7,047.44
2004	3,036.19
2003	24,206.32

Question No. 373 answered with Question No. 371.

Leo Varadkar

Question:

374 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the implementation advisory group to facilitate the implementation of the provisions of the Garda Síochána Bill; if this group is still in existence; the purpose and role of this group; the number of members of the board of this group; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this group for each of the past five years; and if he will make a statement on the matter. [5343/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

The group referred to by the Deputy was established in April 2005 to review preparations for the timely implementation of the Garda Síochána Bill (now the Garda Síochána Act 2005), with particular reference to the

(i) establishment of the Garda Síochána Ombudsman Commission,

(ii) establishment of the Garda Síochána Inspectorate, and

(iii) development of guidelines to enable the establishment of Joint Policing Committees.

The group was asked to report on progress to the Minister for Justice, Equality and Law Reform at the time not later than 31st December 2005. The group completed its task within the specified timeframe and ceased to exist at that stage, i.e, 23rd December 2005. There were 6 members of the group who were all appointed by the then Minister for Justice, Equality and Law Reform. The amount expended by my Department in relation to this group was approximately €40,000.

Leo Varadkar

Question:

375 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of Irish Legal Terms Advisory Committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5344/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

I can inform the Deputy that the Irish Legal Terms Advisory Committee, which was established under the Irish Legal Terms Act 1945 and met for the first time on 12 January, 1946, is still in existence. The purpose and role of the committee are to assist and advise the Minister for Justice, Equality and Law Reform in the preparation of legal terms orders, which provide standard equivalents in the Irish language for certain terms, and to advise the Minister in relation to the preparation and publication of forms and precedents in the Irish language of legal instruments and documents. The committee is comprised of the following Government nominees, as well as a practising barrister nominated by the Bar Council, and a practising solicitor nominated by the Law Society:

a Supreme or High Court judge;

a Circuit Court judge;

a District Court justice;

a member of the Oireachtas translation staff; and

such other person or persons as the Government may nominate.

There are currently three serving members of the committee, each of whom was appointed by the Government in May 2001. The terms of office of the other committee members ceased in May 2006. The filling of committee vacancies is currently under consideration. The committee, which last met in late 2005, incurred negligible expenses over the past five years.

Leo Varadkar

Question:

376 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the Judicial Appointments Advisory Board; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; and if he will make a statement on the matter. [5345/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

The Judicial Appointments Advisory Board was established on 8 March 1996 under the provisions of the Courts and Courts Officers Act 1995. The Board consists of 10 members, namely, the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, one person nominated by each of the Bar Council and the Law Society and three persons nominated by the Minister for Justice, Equality and Law Reform. The Board, which is still in existence, was established for the purposes of identifying persons and informing the Government of the suitability of those persons for appointment to judicial office.

Leo Varadkar

Question:

377 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of national consultative committee on racism and inter-culturalism; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by the himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5346/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

Following the European Year Against Racism in 1997, the National Consultative Committee on Racism and Interculturalism (NCCRI) was established in January 1998 as an independent expert body focussing on the combating of racism and promoting interculturalism. The NCCRI is a partnership body which brings together government and non-government organisations to contribute to policy and legislative developments and to encourage integrated actions towards acknowledging, celebrating and accommodating cultural diversity. It is involved in addressing racism at national, European and international levels. The NCCRI provides technical advice to Government and non-government organisations to assist them in implementing anti-racism and intercultural strategies.

The NCCRI operates under a Partnership Board representing three Government Departments (Justice, Equality & Law Reform, Social and Family Affairs and Foreign Affairs) and eighteen others. The non- government representatives are, in the main, nominated for appointment by a community grouping and then appointed by the Board of the NCCRI. In certain cases, the articles of association of the Committee enable the Board to make appointments of its own volition, from named groupings in society. Annual expenditure in 2003, 2004, 2005 and 2006 was €556,095, €628,474, €798,279, and €1,006,621 respectively. The figure for 2007 is not available as the audit is not yet completed. Funding is a combination of public body funding and contracts earned.

Question No. 378 answered with Question No. 371.

Leo Varadkar

Question:

379 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the date of establishment of the asylum seekers task force; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this body for each of the past five years; and if he will make a statement on the matter. [5350/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

The Asylum Seekers Task force was the name given to the Asylum Operations Division in the Department prior to the commencement in full of the Refugee Act 1996, as amended, in 2000, which saw the establishment of the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) to investigate applications for refugee status and appeals against refusals to recommend refugee status respectively. Both ORAC and RAT are now part of the Irish Naturalisation and Immigration Service (INIS), which was established in 2005 by decision of Government in order to provide a ‘one stop shop' in relation to asylum, immigration, citizenship and visas. With effect from 2006 subhead D1 of the Justice Vote was renamed from Asylum Seekers Task Force to Irish Naturalisation and Immigration Service to reflect the establishment of INIS.

Subhead D2 of the Justice Vote relates to funding of the Refugee Legal Service (RLS). The RLS is a specialised office established by the Legal Aid Board (which itself is an independent statutory body) and the use of 'Asylum Seekers Task Force' has been perpetuated in how this sub-head is described in part. For the Deputy's information the funding expended in each of the last five years in subhead D1 is as follows:

Year	€000
2007	65,040*
2006	52,511
2005	43,258
2004	35,588
2003	34,774

*Figure for 2007 is provisional and subject to change until publication of the 2007 Appropriation Accounts later this year.

Terence Flanagan

Question:

380 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the number of staff working in the Property Services Regulatory Authority with a breakdown of their job descriptions; and if he will make a statement on the matter. [5381/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan)

I wish to refer the Deputy to my response to Parliamentary Questions Numbers 188, 189 and 191 of 7 February, 2008 which set out the background to the publication of the General Scheme of the Property Services Regulatory Authority Bill. The Bill, which will establish the Authority on a statutory basis, is currently being drafted in the Attorney General's Office and it is anticipated that it will be published in final form later this year. Pending enactment of the legislation, an Implementation Group has been established to assist and advise on practical matters relating to the establishment of the new Authority and a Chief Executive designate has been appointed and is working closely with the Implementation Group in making arrangements for the establishment of the Authority and its structures. Two Higher Executive Officers, one Executive Officer and two Clerical Officers have been assigned from my Department to work with the implementation team on establishing the basic organisational structures, systems, procedures, protocols, rule and regulations, which are fundamental to the long term functioning of the Authority.

The new Authority will be unique internationally in the scope of its remit, responsibilities and powers and in that it will perform the dual role of regulator and ombudsman for the property services industry. It is important therefore that its structures, systems, procedures and rules and regulations be based on solid foundations and be put in place before it is established on a statutory basis. To this end the implementation team has:

successfully completed the necessary arrangements for the acquisition and fitting out of accommodation for the Authority in Navan, Co. Meath;

drawn up a Code of Practice for Auctioneers and Estate Agents, which identifies the key principles and values that should guide the day to day practice of service providers. The Code incorporates a complaints system which will enable complaints concerning non-compliance with the Code to be investigated;

established and published a National Public Register of all licensed Auctioneers and House Agents. This register will be added to on an ongoing basis and will, once the new legislation is in place, include Management Agents;

developed and put in place financial and accounting systems for the Authority;

designed and developed a website as part of the education and awareness function;

developed and implemented an office, file management and data management system suitable for the Authority's long term needs.

In addition to the foregoing the implementation team is currently working on:

designing and developing computerised licensing and complaints databases;

drafting Codes of Practice for Management Agents and Letting Agents;

preparing public information material on the provision of property services, including the purchase and sale of property;

reviewing all aspects of the work undertaken by Property Services Providers in Ireland and equivalent services in appropriate comparable jurisdictions for the purpose of prescribing the minimum education/qualification requirements necessary for the grant of licences;

establishing protocols for the vetting by the Garda Síochána of all applicants for licences;

drafting rules and regulations governing the complaints procedures;

drafting rules and regulations for the carrying out of investigations, inspections and audits of Property Services Providers' practices;

drafting rules and regulations governing the operation of Property Services Providers' accounting procedures including the manner of keeping all accounting records;

drafting rules and regulations governing the operation of client accounts;

prescribing the rights, duties and responsibilities of Property Services Providers in relation to monies received, held, controlled or paid in connection with the provision of property services;

prescribing the rules governing the auditing of Property Services Providers' accounts;

developing the systems, procedures rules and regulations necessary for the establishment of a Compensation Fund, including prescribing the level of contribution which Property Services Providers are required to pay to the Fund, the manner of reporting of losses sustained by clients, the procedures for applications for grants from the Fund and the manner of investment of Fund moneys;

prescribing rules and regulations governing the level of professional indemnity insurance which a Property Services Provider must have in place including the minimum levels of risk cover necessary, approved indemnity terms, audit reports and manner of maintaining insurance records.

The aim is to ensure that the complex systems, procedures, rules, regulations and protocols outlined above are developed as soon as possible in order to ensure that, once the legislation is passed, the Authority will be able to commence enforcement of the new regulatory regime at an early date.