Tuesday, 18 Sep 2012

Written Answers Nos. 1197-1212

Courts Service Issues

Questions (1197, 1198)

Kevin Humphreys

Question:

1197. Deputy Kevin Humphreys asked the Minister for Justice and Equality if any consideration has been given to implementing section 45 of the Civil Liability and Courts Act 2004 to extend the jurisdiction of the Circuit Court acting in land law matters from land with a ratable valuation of €200 to land with a market value of €3,000,000 and if he has given any consideration to the way this may help home owners faced with mortgage litigation; and if he will make a statement on the matter. [37787/12]

Kevin Humphreys

Question:

1198. Deputy Kevin Humphreys asked the Minister for Justice and Equality when sections 13 and 14 of the Courts and Courts Officers Act 2002 will be commenced to extend the civil limits to €100,000 at the Circuit Court and €20,000 at the District Court; if he will consider implementing this legislation; if not his reasons; and if he will make a statement on the matter. [37788/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 1197 and 1198 together.

The current monetary jurisdictional limits were set in 1991 at the equivalent of €38,092 and €6,384 for the Circuit and District Courts respectively. As the Deputy is aware, provision was made, under sections 13 and 14 of the Courts and Court Officers Act 2002, to increase the jurisdiction of the Circuit Court to €100,000 and the District Court to €20,000, these sections were never commenced by previous Governments. I am informed that concerns were expressed that an increase in monetary jurisdiction could have the effect of increasing the level of court awards in personal injury cases.

I am also aware that some difficulties are being encountered in relation to jurisdiction conferred on the Circuit Court by reference to the ratable valuation of a property. These issues are currently under examination by my Department and I propose to progress these matters as soon as possible.

Citizenship Applications

Questions (1199, 1238)

Bernard Durkan

Question:

1199. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [37799/12]

Bernard Durkan

Question:

1238. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the basis on which it was alleged that a person (details supplied) in County Dublin did not meet the residency condition on the grounds that they were not one full year permanently in this State when they applied in view of the fact that they spent the entire year in college here; and if he will make a statement on the matter. [38471/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 1199 and 1238 together.

I am advised that an application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in May, 2008 and my predecessor decided in his absolute discretion to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued on 16 December, 2010.

A second application for a certificate of naturalisation was received in September, 2011. One of the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended, is that an applicant have one year's continuous reckonable residence in the State immediately prior to the date of application. On examination of the application submitted, it was determined that the person in question had a gap in the permission to remain stamps in their passport for part of the period in question. The application was consequently deemed to be ineligible and the person concerned was informed of this in a letter issued on 15 August, 2012.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.

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.

Irish Prison Service

Questions (1200)

Brendan Ryan

Question:

1200. Deputy Brendan Ryan asked the Minister for Justice and Equality his views on the process for the appointment of the position of prison chaplain in a prison (details supplied) in Dublin 7; if this is the process followed in all prisons in view of the fact that there has been a change in this process in recent months; if so, the reason this change has been made; and if he will make a statement on the matter. [37802/12]

Written answers

Minister for Justice and Equality

Catholic chaplains are appointed by the Minister for Justice and Equality following a recommendation from the Bishop of the Diocese in which the prison is situated. There has been no change to this process in recent months. I should point out that prison chaplains are full-time employees of the Irish Prison Service and as such any vacancies which arise are subject to the moratorium on public sector recruitment.

Citizenship Applications

Questions (1201)

Bernard Durkan

Question:

1201. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [37808/12]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in September, 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, 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.

Deportation Orders Data

Questions (1202)

Bernard Durkan

Question:

1202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [37809/12]

Written answers

Minister for Justice and Equality

The person concerned arrived in the State in September 2009 and made an application for refugee status. The application was refused by the Refugee Applications Commissioner and the applicant was informed of this in January 2010. An appeal was made to the Refugee Appeals Tribunal in February 2010. The appeal, which was heard in July 2010, affirmed the recommendation of the Refugee Applications Commissioner.

The person was invited to make an application for Subsidiary Protection and/or submit representations under section 3 of the Immigration Act 1999. Both of these options were availed of and the matters given full consideration. On 8 August 2011 the person concerned was informed that the application for Subsidiary Protection was unsuccessful. Having considered the representations made under section 3 of the Immigration Act 1999, it was further recommended that a Deportation Order be signed. This was done on 11 August 2011 and issued to the person concerned on 30 August 2011. It was also copied to the legal representative on record. Judicial Review proceedings were initiated on 22 September 2011 seeking to quash both the refusal of Subsidiary Protection and the Deportation Order. As the matter is, therefore, sub judice I do not propose to comment further.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Questions (1203)

Bernard Durkan

Question:

1203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [37810/12]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, 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.

Citizenship Applications

Questions (1204)

Bernard Durkan

Question:

1204. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37813/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in October, 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, 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 Bodies

Questions (1205)

Seán Fleming

Question:

1205. Deputy Sean Fleming asked the Minister for Justice and Equality the current situation in relation to the merger into the new censorship office of the Office of the Irish Film Censor, the Irish Film Classification Office and the Censorship of Publications Board; and if he will make a statement on the matter. [37817/12]

Written answers

Minister for Justice and Equality

Budget 2009 proposed a range of measures regarding the rationalisation of State Agencies. One of these proposals was to amalgamate the Censorship of Publications Board and its Appeal Board with the Irish Film Classification Office. With effect from June 2009, in line with the Budget decision, administrative support for the Classifications of Films Appeal Board, the Censorship of Publications Board and the Censorship of Publications Appeal Board is provided by the Irish Film Classification Office. There is no proposal at this time to create a merged Censorship Office.

Prison Visiting Committees Expenditure

Questions (1206)

Seán Fleming

Question:

1206. Deputy Sean Fleming asked the Minister for Justice and Equality his plans and proposals regarding all 15 prison visiting committees; if he will outline the current position in relation to this matter; and if he will make a statement on the matter. [37818/12]

Written answers

Minister for Justice and Equality

The Government has approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make Visiting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. A link will be established between the Visiting Committees and the Inspector of Prisons. As part of these plans, it is intended to expand the role of the Inspector of Prisons. I believe this will greatly enhance the Inspector's independent oversight of the prison system.

Under the proposed arrangements, it is my intention that Visiting Committees will report regularly to the Inspector of Prisons. In addition, Visiting Committees would be able to report any urgent or major matter to the Inspector at any time. Subject to competing legislative priorities, it is expected that the General Scheme will be published by the end of the year. When work on preparation of the General Scheme has been completed, I will be seeking Government approval for its publication to facilitate a consultation process in advance of drafting and publication of the Bill.

Departmental Staff Recruitment

Questions (1207)

Seán Fleming

Question:

1207. Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding recruiting persons with a disability; the number of persons currently employed in his Department; the number of persons with a disability who have been employed since 1 January 2011 to date in 2012; and if he will make a statement on the matter. [37841/12]

Written answers

Minister for Justice and Equality

There are currently 2,059 staff employed in my Department. The Deputy will be aware that, as part of the process of restoring credibility to our public finances, there is currently a moratorium on recruitment in operation across the Civil and Public Service. Accordingly, recruitment opportunities will only arise in very limited and targeted circumstances. A small number of staff would have been recruited as an exception to the Moratorium during the period in question. It is not, however, possible to say how many of those have disabilities as people are not required to disclose a disability when they are being employed.

I can say, however, that in order to comply with the requirements of Part 5 of the Disability Act 2005, my Department annually compiles data relating to the number of people working in the Department who have a disability. The data received for the year ending 2011 indicates that the percentage of people working in my Department who have a disability is 5.42%, which is in excess of the 3% employment target.

Garda Recruitment

Questions (1208, 1214)

Joanna Tuffy

Question:

1208. Deputy Joanna Tuffy asked the Minister for Justice and Equality his plans to resume Garda recruitment in the near future in view of the rising crime levels and the retirement of 300 plus gardaí; and if he will make a statement on the matter. [37862/12]

Robert Dowds

Question:

1214. Deputy Robert Dowds asked the Minister for Justice and Equality if he intends to review the effects of the embargo on recruitment to An Garda Síochána; and if consideration will be given to lifting the embargo. [37933/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 1208 and 1214 together.

There are currently approximately 13,500 members of the Garda Síochána. As the objective set out in the agreement with the EU and the IMF is to reduce the numbers of public servants, the moratorium on recruitment, including in the Garda Síochána, generally remains in place. What will ultimately determine the sustainable level of Garda numbers, and therefore establish when recruitment will recommence, is the level of budgetary provision that can be made for the Force. In that regard, it is the case that difficult decisions will continue to have to be made right across the public sector, in order to bring our public finances back into balance.

Road Traffic Accidents Data

Questions (1209, 1211)

Michael Healy-Rae

Question:

1209. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the statistics for male drivers under 30 years involved in fatal accidents each year over the past ten years; and if he will make a statement on the matter. [37917/12]

Michael Healy-Rae

Question:

1211. Deputy Michael Healy-Rae asked the Minister for Justice and Equality in view of the number of fatal accidents involving male drivers under 30 years, his proposals to deal with the problem; and if he will make a statement on the matter. [37921/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 1209 and 1211 together.

The Road Safety Authority (RSA) is the statutory body responsible for compiling, preparing, publishing and distributing collision statistics. I understand from the RSA that the following table illustrates the number of male drivers, in the 17 - 30 age group, that were involved in fatal collisions during the period 2000 - 2010.

All male drivers in the 17 - 30 age group involved in fatal collisions for the period 2000 - 2010

2000	2001	2002	2003	2004	2005	2006	2007	2008	2009	2010
173	155	141	129	136	144	145	129	107	89	80

Collision data identifies young male drivers as vulnerable persons in terms of road safety and, in that regard, An Garda Síochána conducts specific operations to improve the compliance culture and reduce the level of death and injuries among such drivers. The Garda authorities are working with relevant stakeholders, in particular the Road Safety Authority, to promote road safety through the media, in schools and third level institutions. Garda Road Safety Awareness Programmes are also focussed on enhancing compliance with road traffic laws and reducing the incidence of fatal and serious injury collisions within this target group.

The Minister is also informed that the Garda authorities continue to analyse collision history on the road network. Speed enforcement zones are utilised to ensure targeted and proportionate speed enforcement activity with the overall objective of reducing the number of speed related collisions and serious injuries on our roads. Furthermore, An Garda Síochána carry out planned and ‘ad hoc’ checkpoints, including Mandatory Alcohol Testing.

Traffic Corps personnel, assisted by both regular uniform and plain clothes personnel regularly target areas where young male drivers congregate and conduct mobile patrols and checkpoints in these areas. Websites are monitored to assist in establishing where such events are taking place and to implement the necessary response. As part of their duties, members of An Garda Síochána regularly interact with such road users, which may result in informal resolution (caution / admonition), issue of Fixed Charge Notices and / or the initiation of formal proceedings, where appropriate.

Sex Offenders Notification Requirements

Questions (1210)

Michael Healy-Rae

Question:

1210. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the measures he is taking to monitor sex offenders on their release from jail. [37918/12]

Written answers

Minister for Justice and Equality

The Sex Offenders Act 2001 introduced notification requirements, post-release supervision orders and civil orders restricting sex offenders in certain ways. As the Deputy may know the Garda Síochaná has a system in place for the monitoring of all persons subject to the notification requirements. The Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions and maintains all information relating to persons who have obligations under the Act. As soon as this Unit is advised by a relevant authority of the impending release or movement of a sex offender this information is immediately passed to the nominated Garda Inspector with responsibility for the monitoring of persons subject to the notification requirements in their area.

My Department has been conducting a wide-ranging examination of the law on sexual offences and a review of the Sex Offenders Act 2001, including a public consultation process, formed an integral part of that examination. Arising from the review, I expect to seek Government approval for legislative proposals, including a number of amendments to the 2001 Act, in the coming months. Legislative proposals being considered include measures for the electronic tagging of convicted sex offenders in specific circumstances, measures to strengthen the current notification requirements (for the purposes of the sex offenders' register) and changes with regard to civil sex offender orders to make it easier to apply to court for such an order.

Regarding the introduction of measures similar to "Megan's Law" in the US, our primary objective must be to minimise the risk posed to the public. The High Level Group which produced and published a discussion document on sex offenders was of the view that, if the Gardaí have reason to believe a particular high risk offender poses a real and immediate danger, they should be free to tell individuals who need to know. Disclosure in such circumstances is perfectly reasonable. In exceptional circumstances, the provision of appropriate information to members of the public is already possible. Currently, this is done on an administrative basis but, subject to Government approval, I intend to put these arrangements on a statutory footing.

However, giving the general public unrestricted access to names and addresses on the sex offenders' register would be likely to be counter-productive. That kind of access would drive offenders underground and make it more difficult to monitor and supervise them. This was the universal view of those who responded to the discussion document and participated in the public forum on the management of sex offenders. General access to the register would also raise issues concerning the rights of persons who have completed their sentences and pose no future threat to society.

Question No. 1211 answered with Question No. 1209.

Deportation Orders Data

Questions (1212)

Bernard Durkan

Question:

1212. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the decision to deport a person (details supplied); and if he will make a statement on the matter. [37931/12]

Written answers

Minister for Justice and Equality

I refer the Deputy to my reply to Parliamentary Question No. 202 of 20th of October, 2011. The position is unchanged since then.

The person concerned arrived in the State on 2nd August, 2002 and applied for asylum. His application was refused following the consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, the persons case was then examined in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), it was proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of submitting written representations setting out reasons why he should not be deported. He was also advised of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection and also submitted representations pursuant to Section 3 of the Immigration Act 1999 (as amended).

Following the consideration of his application for Subsidiary Protection, a decision was taken that the person concerned was not eligible for Subsidiary Protection.

The case of the person concerned was then considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement before a Deportation Order was made in respect of him.

The case of the person concerned was then considered under Section 3(11) of the Immigration Act 1999 (as amended). The outcome of the consideration was that the decision to make a deportation order in respect of him remained unchanged.

As mentioned in numerous replies to Parliamentary Questions, the above named person has been evading his deportation since 3 November 2009 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.