Tuesday, 9 Oct 2012

Written Answers Nos. 460-480

Road Safety Issues

Questions (460)

Brendan Smith

Question:

460. Deputy Brendan Smith asked the Minister for Justice and Equality if his attention has been drawn to the concerns of residents along the N54/A3 Clones to Cavan road where there are continuing anti-social/dangerous driving practices; if his further attention has been drawn to the incidents on the weekend of 15 September 2012 on that stretch of road; if it is proposed to implement additional safety measures on a North/South basis; and if he will make a statement on the matter. [42898/12]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the activity referred to by the Deputy occurs on a stretch of roadway which traverses through County Fermanagh on the N.54/A3. Accordingly, responsibility for road safety enforcement on that particular stretch of road rests with the Police Service of Northern Ireland (PSNI). I am advised that An Garda Síochána monitors traffic and performs static checkpoints at strategic locations on the proportion of the road in this State.

I am further informed that a number of joint operations have been conducted by An Garda Síochána and the PSNI targeting anti-social driving practices on this road and am assured by the Garda authorities that these operations will continue to be prioritised in the future. Furthermore, An Garda Síochána and the PSNI maintain ongoing close liaison with local public representatives on both sides of the border in relation to this matter and have been proactive with regard to road safety enforcement measures in this area and its surrounds.

Insofar as the recent fatal collision which occurred on a section of the road in this State on 15 September, 2012 is concerned, the position is that the Garda investigation into this collision is at an advanced stage and it would not be appropriate to comment further on the incident at this time.

Garda Vetting of Personnel

Questions (461)

Pat Deering

Question:

461. Deputy Pat Deering asked the Minister for Justice and Equality the Garda Vetting options available to a person who has set up a business teaching children to touch type (details supplied) [42905/12]

Written answers

Minister for Justice and Equality

The Garda Central Vetting Unit (GCVU) provides employment vetting to organisations in Ireland registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults.

Given the large number and wide range of client groups, the registration process is managed through umbrella organisations which provide single points of contact. This ensures more effective coordination and improved quality control in the various sectors and a more efficient use of resources in the vetting process. Over 20,000 organisations are registered with the GCVU for this purpose.

It is not possible or feasible to extend the registration process to individuals as this would result in the vetting process being overwhelmed with consequent unacceptable delays. In the circumstances it is recommended that the person referred to in the Deputy's question consults within his own profession with a view to identifying the appropriate umbrella organisation to handle his application.

Legislative Programme

Questions (462)

Jonathan O'Brien

Question:

462. Deputy Jonathan O'Brien asked the Minister for Justice and Equality his plans to review the Enduring Powers of Attorney Act 1996; and if he will make a statement on the matter. [42923/12]

Written answers

Minister for Justice and Equality

The Powers of Attorney Act 1996 is currently under review in the context of drafting of the Mental Capacity Bill which the Government Legislation Programme indicates is expected to be published in this Session. The purpose of the Bill is to provide a modern statutory framework governing the decision making of adults whose capacity is impaired. In this regard, it is intended that the Bill will repeal and subsume the provisions of the 1996 Act with respect to enduring powers of attorney.

Cross-Border Co-operation

Questions (463)

Charlie McConalogue

Question:

463. Deputy Charlie McConalogue asked the Minister for Justice and Equality if he will outline the cross border policing policy with respect to a policing matter (details supplied); and if he will make a statement on the matter. [42957/12]

Written answers

Minister for Justice and Equality

I am pleased to inform the Deputy that there is close and productive co-operation between the Garda Síochána and the Police Service of Northern Ireland across the range of policing activities, including in the investigation of crime.

The two police forces operate a joint Cross-Border Policing Strategy which aims to improve public safety throughout the island of Ireland by disrupting criminal activity in both jurisdictions and enhancing the policing capability of both police services.

The joint strategy covers a range of policing areas, including cross-border investigations and operations; intelligence-sharing and security; communications and information technology; training and emergency planning. The Cross-Border Policing Strategy indicates the scope of this co-operation and the determination of both police forces to use the tools available to ensure that those who seek to exploit the Border for criminal ends will not succeed.

In the event that an individual is arrested in one jurisdiction in respect of an offence allegedly committed in the other jurisdiction, the two police services operate in accordance with the existing and well-established legal arrangements which are in place for police co-operation and mutual legal assistance. Important amongst these are the arrangements with regard to European arrest warrants which are issued and executed in accordance with law in the respective jurisdictions.

Crime Prevention

Questions (464)

Billy Timmins

Question:

464. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding the White Paper on Crime Process; and if he will make a statement on the matter. [42960/12]

Written answers

Minister for Justice and Equality

I can inform the Deputy that work on the development of a White Paper on Crime, incorporating a framework National Anti-Crime Strategy, is at an advanced stage and is expected to be completed this year.

Deportation Orders Data

Questions (465)

Bernard Durkan

Question:

465. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for subsidiary protection in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [42963/12]

Written answers

Minister for Justice and Equality

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9 July, 2008, that the then Minister 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 making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply 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. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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.

Residency Permits

Questions (466)

Bernard Durkan

Question:

466. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position in relation to an application for residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [42964/12]

Written answers

Minister for Justice and Equality

The person concerned applied for asylum on 28 March 2011. Pursuant to the provisions of Article 13 and Article 16(1)(c) of Council Regulation (EC) No 343/2003 the Office of the Refugee Applications Commissioner determined on 17 June 2011 that Hungary was the country responsible for examining her asylum application, which was accepted by the Hungarian authorities.

A Transfer Order in respect of the person under Article 7(1) of the Refugee Act 1996 (Section 22) Order 2003 ( S.I. No. 423/2003) was signed on 15 July 2011.

The person was informed that she was required to present to the Garda National Immigration Bureau at 13-14 Burgh Quay on 21 July 2011 in order to make arrangements for her transfer to Hungary. She failed to present and was classified as having evaded her Transfer Order. Accordingly, Ireland sought an extension of time under Article 19(4)/20(2) of Council Regulation (EC) No. 343/2003 to effect the transfer. The Transfer Order in this case remains valid.

An application by this person in respect of the Zambrano Judgement has now been received. This will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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 (467)

Bernard Durkan

Question:

467. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the entitlement in respect of residency status and or naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [42967/12]

Written answers

Minister for Justice and Equality

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 12 April 2010, that the Minister proposed to make a Deportation Order in respect of her. She 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 making representations to the Minister setting out the reasons why a Deportation Order should not be made against her.

Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Queries on 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. The 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 (468)

Bernard Durkan

Question:

468. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in respect of an application for naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [42968/12]

Written answers

Minister for Justice and Equality

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.

Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must - be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

In the case of a person who has been an E.U. citizen for more than five years the requirement is to submit proof of residence i.e. household bills etc. in the State amounting to for a total of five years in the last nine years, to include the year prior to application.

In the case of a person who has been an E.U. citizen for less than five years, the requirement is to submit a copy of their passport showing permission to remain stamps from date of arrival in the State to date of becoming a E.U. citizen and proof of residence in the State from date of becoming a E.U. citizen to the date of application.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

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.

Garda Disciplinary Proceedings

Questions (469)

Pádraig MacLochlainn

Question:

469. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if it is the policy of An Garda Síochána to waive disciplinary measures against an officer if that officer avails of early retirement and if it is not the policy, if he will seek an absolute assurance from the Garda Commissioner that no officer that has availed of early retirement over recent years or has made an application for early retirement was under investigation or facing disciplinary measures. [42971/12]

Written answers

Minister for Justice and Equality

Discipline in An Garda Síochána is governed by the Garda Síochána (Discipline) Regulations, 2007, as amended, and these regulations apply only to serving members of An Garda Síochána.

Members of An Garda Síochána who joined the Force before 1st April, 2004 are entitled to retire on reaching 50 years of age, subject to having completed thirty years of approved service. A member who joined after 1st April, 2004 would be entitled to retire on reaching 55 years of age, subject to having completed thirty years approved service.

Where a member of An Garda Síochána is not eligible to retire he or she may resign from the Force, subject to the provision of notice of the resignation to the Commissioner.

Citizenship Applications

Questions (470, 471)

Pádraig MacLochlainn

Question:

470. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons awaiting a decision on their application for Irish citizenship when he took office; the average waiting time for a decision on their application; the number of people currently awaiting a decision and the current waiting time for a decision. [42972/12]

Pádraig MacLochlainn

Question:

471. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality since he took office, the number of people applying for Irish citizenship that have had their application approved or refused. [42973/12]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 470 and 471 together.

When I came into office in March, 2011, I was determined to tackle the backlog that had built up in the processing of applications for citizenship. At that time there was approximately 22,000 citizenship applications awaiting decision, approximately 17,000 of which had been awaiting decision for in excess of 6 months with an average waiting time of 26 months.

The series of measures I introduced have resulted in a major improvement in the position with decisions having being made on some 33,000 applications since coming into office. Over a comparable period, between March 2009 and October 2010 a total of 18,500 cases were decided representing an almost 80% increase in throughput. Moreover, approximately 4,000 of the 2009 case-load related to ineligible minors that involved minimal processing.

Almost 30,000 of these applications were approved after due process, while around 3,000 were deemed ineligible or were refused because they did not comply with the statutory criteria such as being of good character, lawful residence and so forth. It is important to note that the grant of citizenship is not a right; indeed it is a privilege and is given in accordance with the law.

In considering the volume of cases currently in hand a number of factors have to be taken into account including, as detailed above, the volume of cases processed as well as new cases coming on hand. Also to be taken into account is the peaks and troughs of decision making which is linked to the timing of our citizen ceremonies. Accordingly, there are wide variations in the statistics of cases on hand from one week to the next. For example, next week will see the 56th, 57th and 58th citizenship ceremonies being held with a further series of ceremonies planned for early December.

As the Deputy will appreciate there has been a major improvement on what hitherto had been unacceptable delays in the system. We are still on course to meet the very ambitious target of processing 70% of all standard non-complex cases within six months of receipt of applications. I am determined that we achieve that target and go on to build on the excellent progress to date. Considerable resources continue to be deployed to process applications and huge credit is due to the staff in the area for taking on the challenge.

The Deputy will also be aware that alongside the improvements in processing, in June 2011, I introduced formal citizenship ceremonies for the first time since the foundation of the State. The ceremonies, which are being met with universal approval, allow candidates for citizenship make their declaration of fidelity to the Irish nation and loyalty to the State and receive their certificate of naturalisation in a meaningful and dignified manner which befits the importance and solemnity of the occasion. I was pleased to note that the Citizenship Division of the Immigration Service was this summer awarded one of the Taoiseach’s Public Service Excellence awards of 2012 for their work over the past year and for their enthusiastic embracing of the reforms that have taken place.

Departmental Staff Recruitment

Questions (472)

Pádraig MacLochlainn

Question:

472. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality since he took office, the number of internees that have been recruited to his Department including those processing applications for Irish citizenship; the number been offered permanent posts and the number of currently working in the Department. [42974/12]

Written answers

Minister for Justice and Equality

My Department is actively engaging in the Government’s jobs activation programme through participating in the National Internship Scheme – JobBridge. This scheme provides work experience placements for interns for a 6 or 9 month period. The aim is to assist in breaking the cycle where jobseekers are unable to get a job without experience, either as new entrants to the labour market after education or training or as unemployed workers wishing to learn new skills.

The Department has already advertised some 40 separate internship opportunities across a range of vocational areas including the legislative area, statistics, procurement, customer relations and general administration. A total of 60 placements have been made to date. There are currently 35 individuals on placements across the Department.

The Deputy will appreciate that the Department cannot offer full-time employment at the end of an internship period, as where exceptions to the moratorium on recruitment are permitted, recruitment to the Civil Service is typically governed by a process of open public competition organised under the aegis of the Public Appointments Service. JobBridge does, however, provide significant and in some cases challenging job experience opportunities to persons in need of such opportunities and better prepares them for either re-entry to the jobs market or a change in job direction.

Refugee Status Applications

Questions (473)

Michael Colreavy

Question:

473. Deputy Michael Colreavy asked the Minister for Justice and Equality the position regarding asylum status in respect of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [42982/12]

Written answers

Minister for Justice and Equality

Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister on whether such status should be granted.

If an application for asylum has been made by the person concerned, the Deputy may be aware that it is not the practice to comment on applications that are pending.

Garda Stations Closures

Questions (474)

Michael Colreavy

Question:

474. Deputy Michael Colreavy asked the Minister for Justice and Equality if he intends to close the Garda stations in areas (details supplied) in County Sligo; the remedial actions he intends to take in order to alleviate policing deficit; and if he will make a statement on the matter. [42993/12]

Written answers

Minister for Justice and Equality

The Commissioner is currently engaged in an assessment of the potential for improved efficiencies in the structure and organisation of the Garda Síochána as part of the preparation of the draft policing plan for 2013, which under the Garda Síochána Act 2005 is due to be submitted to me by the end of October this year.

While I expect that the policing plan for 2013 will contain proposals for the further rationalisation of Garda stations and Districts, it would be premature, in advance of its submission, to speculate on specific measures which it might contain.

It is important to emphasise that any rationalisation which may be proposed by the Commissioner will take place in an environment of real reform which is designed to introduce new efficiencies into the delivery of the policing service. For example, new Garda rosters commenced at the end of April 2012 on a national pilot basis. The new rosters are designed to better match the availability of Gardaí with policing demands at national and local level, while also safeguarding the welfare of members.

This and other reforming measures seek to maximise the efficiency of the Garda Síochána so that, even with reduced strength, an effective policing service will continue to be delivered across the country.

Garda Investigations

Questions (475)

Brendan Griffin

Question:

475. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will address a matter that has been brought to his attention on a number of occasions (details supplied); if he will meet with the family concerned; and if he will make a statement on the matter. [43004/12]

Written answers

Minister for Justice and Equality

I am aware of the concerns of the family of the person referred to by the Deputy, which have been the subject of correspondence with a number of my predecessors as Minister for Justice and Equality and with myself.

I have been informed by the Garda authorities that the circumstances of the person's death were the subject of a full investigation by An Garda Síochána and then in public at an inquest, at which the family was legally represented. As Minister I do not act as an appeal against the outcome of an inquest and in the absence of any new information of relevance to the cause of the person in question's death, I do not believe it would be appropriate to establish a new inquiry. While I have every sympathy for the family concerned, in these circumstances I do not think there would be a benefit in our meeting.

Peace Commissioners Appointments

Questions (476)

John Paul Phelan

Question:

476. Deputy John Paul Phelan asked the Minister for Justice and Equality if he will provide the name and addresses of current Peace Commissioners in County Kilkenny as of 1 September 2012. [43019/12]

Written answers

Minister for Justice and Equality

As of 1 September 2012, there are 145 Peace Commissioners recorded as appointed for County Kilkenny. My officials are collating the information that will be forwarded to him in the coming days.

Deportation Orders Data

Questions (477)

Jack Wall

Question:

477. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding a naturalisation issue in respect of a family (details supplied); and if he will make a statement on the matter. [43131/12]

Written answers

Minister for Justice and Equality

The person concerned arrived in the State on 6 January, 2004 and made an application for asylum on 21 January, 2004. The Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal. The decision to refuse by the Refugee Appeals Tribunal was notified to the person concerned on 27 September, 2004. On 18 January, 2005 the then Minister for Justice, Equality and Law Reform informed the person concerned that it was proposed to make a Deportation Order in her case and she was invited to make representations as to why a Deportation Order should not issue. This notification was subsequently re-issued on 16 February 2005.

Representations in support of the person concerned were made by her solicitors by letter dated 3 February, 2005. Having considered the representations made the Minister signed a Deportation Order on 13 May, 2005. Having considered further representations, made by letter dated 1 June, 2005, the Deportation Order signed in respect of the person concerned was affirmed on 8 June, 2005. By letter dated the 12 January, 2006 the person concerned made further representations on the basis that she had become the parent of a child born on 1 October, 2005. Having considered representations the Deportation Order signed in respect of the person concerned was once again affirmed, and this was notified to the person concerned by letter dated 27 June, 2006.

On 10 June, 2005, Judicial Review proceedings were lodged in the High Court challenging the Deportation Order made in respect of the person concerned. These proceedings were heard before the High Court on 8 and 9 May, 2007 and in his judgment of 24 May, 2007 Mr. Justice Feeney upheld the validity of the deportation order. By letter dated 16 February, 2007 an application was made on behalf of the person concerned for subsidiary protection. The then Minister for Justice, Equality and Law Reform informed the person concerned that such an application was not validly made and notified the person concerned of this by letter dated 19 February, 2007.

Subsequent to the decision of the High Court in Hila v. Minister for Justice, the then Minister for Justice, Equality and Law Reform wrote to the solicitors acting on behalf of the person concerned, by letter dated 5 November, 2007 and informed them that if the person concerned wished to invoke the Minister's discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations 2006 she should make representations setting out any new facts or circumstances, relevant to her or to her country of origin which had arisen since the original decision to deport was made. By letter dated 23 November, 2007 solicitors acting on behalf of the person concerned replied to that letter and applied for the discretion to be exercised. Having considered all representations made, the then Minister for Justice, Equality and Law Reform decided that there were no grounds which would enable him to exercise his discretion under Regulation 4(2) of the European Communities (Eligibility for Protection) Regulations 2006. On 4 April, 2008 Judicial Review proceedings were lodged in the High Court challenging the refusal decision. On 3 January, 2011 these proceedings were struck out.

The person concerned has three children who were born in the State, a daughter born on 28 April, 2008, another daughter born on 14 October, 2006, and a son born on 1 October, 2005. Deportation Orders were signed in respect of all three children on 24 November, 2010. On 14 December, 2010 Judicial Review proceedings were lodged in the High Court challenging the Deportation Order made in respect of one of the daughters of the person concerned. Accordingly, as the matter is sub judice, I do not propose to comment further.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Court Accommodation Provision

Questions (478)

Gerald Nash

Question:

478. Deputy Gerald Nash asked the Minister for Justice and Equality if he will provide details, through the Courts Service in relation to a timeframe for the completion of the Drogheda Courthouse development, County Louth; if he will confirm the site which has been selected; the date on which he expects the courts building to be fully operational; and if he will make a statement on the matter. [43136/12]

Written answers

Minister for Justice and Equality

The provision of a new courthouse in Drogheda was one of seven courthouse projects included in the infrastructure stimulus package announced by the Government last July.

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. In order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that it owns a site close to Patrickswell Lane and Linenhall Street West which was acquired from Drogheda Borough Council and the intention is that the new courthouse will be located there. I understand that a process is under way to determine the approach to the various projects planned and the timescales for all the projects will depend on that.

Private Security Authority Remit

Questions (479)

Thomas P. Broughan

Question:

479. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will outline the Private Security Authority regulations governing door staff and static security guards; his plans for the licensing of event security staff; when all event security will be licensed; and if he will make a statement on the matter. [43163/12]

Written answers

Minister for Justice and Equality

The Deputy will already be aware that the Private Security Authority is an independent agency under the aegis of my Department. The Authority was established under the Private Security Services Act 2004 (as amended) and is responsible for the regulation of the private security industry in the State. The Authority has adopted a phased approach to the licensing of the sector and commenced the licensing of door supervisor and security guard employees in 2007. There are currently in the region of 10,300 door supervisor licences and 21,000 security guard licences in circulation. Some, 4,230 individuals hold licences in both sectors.

I am informed by the Authority that the regulations governing door supervisors and security guards require all those working in the sectors, whether employed by a licensed contractor or directly by a business as in-house security personnel, to hold a licence. Licences are backed by a recognised qualification which ensures that all those working in the industry have been trained to a high standard. In addition, all applicants are vetted by An Garda Síochána before any licence is issued. I understand from the Authority that individuals who have resided outside of Ireland for a period of six months or more are also required to provide the Authority with a criminal record certificate from the relevant jurisdiction.

The draft regulations to enable the licensing of event security contractors are with the Office of the Parliamentary Counsel and it is the intention of the Authority to adopt a phased approach to the licensing of the area, with contractors scheduled for licensing in the first instance and the licensing of individuals to follow thereafter.

Upward Only Rent Reviews

Questions (480)

Eoghan Murphy

Question:

480. Deputy Eoghan Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 127 of 27 September 2012, if he is in a position to instruct public bodies to waive their upward only rent review clause on legacy commercial leases for tenants when there is no borrowing against the asset in question; and if he will make a statement on the matter. [43248/12]

Written answers

Minister for Justice and Equality

I have no function in relation to the matter raised. By way of general comment, the nature and application of a commercial lease is a matter for the parties to that lease, and that position applies irrespective of whether or not a public body is one of the parties to such a lease.