Written Answers Nos. 466-488
466. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position with respect to an application for residency permission for leave to remain in the State in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [44478/12]
View answerArising 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 15 April, 2009, 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 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.
467. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of Garda stations that do not have a Garda squad car permanently attached; the locations of the stations or the districts in which they are located; and if he will make a statement on the matter. [44509/12]
View answerThe provision and allocation of Garda resources, including transport, is a matter for the Garda Commissioner. In turn, at Garda Divisional level, the allocation of Garda vehicles is a matter for the Chief Superintendent who may make and revise arrangements for the deployment of vehicles throughout the Division in response to policing demands.
This flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is crucial to the efficient management of the Garda fleet. As a consequence, the Deputy will appreciate that it is not practicable to provide details of permanent allocations of Garda vehicles.
468. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in respect of an application for residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [44517/12]
View answerThe person concerned arrived in the State on 5 February, 2007 and applied for asylum on 8 February, 2007. Correspondence issued to the applicant on 12 June, 2007 from the Office of the Refugee Applications Commissioner stating that in accordance with Section 17(4) of the Refugee Act, 1996 the Minister was precluded from giving him a declaration as a refugee.
A letter was sent to the person concerned from the Department dated 3 April, 2008 informing him that the Minister proposed to make a Deportation Order in respect of him. The letter also informed him of the three options open to him, one being to make written representations to the Minister to allow him to remain temporarily in the state. The person concerned was given fifteen working days to respond. A Deportation Order was made in respect of the person concerned on 18 September, 2008.
Judicial Review proceedings were instituted on 11 February, 2009. 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.
469. Deputy Peter Mathews asked the Minister for Justice and Equality his views on the situation regarding an apartment complex (details supplied) in Dublin 24; and if he will make a statement on the matter. [44546/12]
View answerThe Deputy will appreciate that I am unable to comment on a particular case in response to a Parliamentary Question. However, I can indicate the following by way of general information.
The primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs) which are the bodies established for the management of such areas.
Section 5 of the Act contains provisions which deal with completed or substantially completed multi-unit developments in which the common areas have not been transferred to the OMCs. They oblige the developer to transfer ownership of the relevant parts of the common areas to the relevant OMC within 6 months of the coming into operation of the section, i.e. before 1 October 2011. Subsection (2) defines "substantially completed" as developments in which sales of not less than 80% of the residential units have been closed.
Section 24 deals with the resolution of disputes and it provides that a person may apply to court for an order to enforce any rights conferred or obligation imposed by the Act. The court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the development concerned.
470. Deputy Peter Mathews asked the Minister for Justice and Equality the action he will take regarding management companies or agents who claim they cannot pay for essential maintenance which is in the interest of the general public such as replacement of road signs including stop signs, traffic calming measures, loose manholes and so on; and if he will make a statement on the matter. [44575/12]
View answerUnder the Multi-Unit Developments Act 2011, the owners' management company (OMC) is responsible for the setting and collection of the annual service charge. Section 18 of the Act provides that the OMC must establish a scheme for annual service charges to fund expenditure on:
- insurance;
- general maintenance;
- repairs;
- waste management;
- cleaning;
- gardening and landscaping;
- concierge and security services;
- legal services and accounts preparation; and
- other expenditure arising in connection with the maintenance, repair and management of the common areas.
Section 18 also places an obligation on unit owners to pay the annual service charge, while section 22 provides that unpaid charges may be recovered by the OMC as a simple contract debt. OMCs generally enter into a contract with a property management agent to provide services in respect of their development. The specific tasks of the agent are therefore dependent on the nature and extent of that contract.
Provisions relating to the licensing of property management agents are set out in the Property Services (Regulation) Act 2011 and are implemented by the Property Services Regulatory Authority. As part of the licensing system, the Authority specifies and implements standards relating to:
- education, training and experience levels of licensees;
- levels of professional indemnity insurance,
- quality of financial accounting systems, and
- ethical standards to be observed in the provision of property services.
The Act also empowers the Authority to investigate complaints against property management agents and to impose sanctions, including the revocation or suspension of licences, in cases of improper conduct on the part of licensees.
471. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position of an application for residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [44589/12]
View answerThere is currently no application pending in my Department for residency in the case of the person whose details were supplied.
If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending. 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.
All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.
472. Deputy Brendan Smith asked the Minister for Justice and Equality further to Parliamentary Question No. 460 of 9 October 2012, if his attention has been drawn to incidents on the weekend of 15 September 2012 on the N54/A3 Clones to Cavan Road in relation to antisocial dangerous driving practices such as private vehicle with a flashing blue light and civilians wearing high visibility jackets directing traffic off the N54/A3 on to a different route where initially persons travelling that route assumed it was an official checkpoint; if the concerns of the local community have been conveyed to him in relation to such dangerous practices along a busy arterial route including substantial ambulance traffic between Monaghan General Hospital and Cavan General Hospital; and if he will make a statement on the matter. [44598/12]
View answerI am informed by the Garda authorities that local Garda management is not aware of any reports of anti-social driving practices at the location concerned on the specific weekend referred to by the Deputy.
I am further informed that the activity referred to occurs on a stretch of road that traverses through County Fermanagh on the N.54/A3. Accordingly, road safety enforcement on that particular stretch of road is the responsibility of the Police Service of Northern Ireland (PSNI). I am, however, assured that An Garda Síochána monitors traffic and performs static checkpoints at strategic locations on the proportion of the road in this State.
The Deputy will also be aware that a number of joint operations have been conducted by An Garda Síochána and the PSNI targeting anti-social driving practices on this road. I am advised by the Garda authorities that these operations will continue to be prioritised in the future.
I am further assured that 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.
473. Deputy Finian McGrath asked the Minister for Justice and Equality the action he will take to prevent the loitering of teenagers in an area (details supplied) in Dublin 9. [44666/12]
View answerI am informed by the Garda authorities that the area referred to is within the Clontarf Garda Sub-District. Local Garda management is aware of young people congregating at the areas referred to by the Deputy.
The area is patrolled on a regular basis by uniform and plain clothes personnel including mobile, mountain bike and foot patrols, supplemented as required by the Crime Task Force and Drug Unit personnel. Gardaí utilise legislation under the Public Order Act to address issues arising from people gathering at this location and the area is included on a list of public order hotspots with extra patrols being carried out by Gardaí in the area.
I am further informed that community policing is a central feature and a core value in Garda policing policy. The area in question has a designated Community Garda who regularly liaises with the community and local residents. Current policing policy is predicated on the prevention of public order offences and the prevention of crime including crimes of violence against persons and property.
In addition, local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the local community, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
474. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his plans to change the law regarding inquests that deal specifically with suicide (details supplied); and if he will make a statement on the matter. [44692/12]
View answerUnder the Coroners Act 1962, a coroner is an independent office holder with responsibility under the law for the medico-legal investigation of the circumstances of sudden, unexplained, violent and unnatural deaths.
Regrettably, there are an increasing number of cases in our society that involve suicide and that fall to be investigated by our coroners. Coroners must ensure that a proper public investigation be seen to take place in order to reassure the public as to the cause of death in all cases of reportable death. I am aware that it is the practice of our coroners to be especially sensitive in so far as is possible, to the needs of families in the handling of all inquests and particularly so where suicide may be in question. I am aware of the hurt and trauma involved for family members and relatives in all tragic death situations, but perhaps especially in regard to suicide.
I have no plans to amend the law to exclude the public from an inquest which may be investigating a death resulting from suicide.
475. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in respect of an application for residency status or naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [44709/12]
View answerThe person concerned was granted temporary permission to remain in the State on 14 July, 2005 for a two year period, under the revised arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. The permission was renewed in 2007 and 2010, and is currently valid until 14 July, 2013.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person concerned in March, 2012. 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.
476. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when he will issue a response to this Deputy to my query (details supplied) seeking to clarify if he had issued any electronic mail to his constituency members or constituents, welcoming the move of personnel from McKee Barracks in North Dublin to Cathal Brugha Barracks in South Dublin. [44715/12]
View answerIn my capacity as Minister for Defence, I arranged for an e-mail to issue to all members of the Oireachtas at the end of August (see below) in relation to the re-organisation of the Defence Forces, but there is no mention of welcoming posts to Cathal Brugha. I am not aware of any other correspondence that issued in relation to this matter. For the Deputy's information I would like to point out that neither McKee nor Cathal Brugha Barracks are in my constituency.
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August 2012
Dear member of the Oireachtas,
I wish to refer to the recent re-organisation of the Defence Forces.
As you will appreciate, the Government is facing an extremely difficult challenge to restore the fiscal and economic wellbeing of the State. The very significant challenges and difficult decisions involved in this process cannot be underestimated.
Following the Governments Comprehensive Review of Expenditure, I secured the agreement of the Government to maintain the strength of the Defence Forces at a level of 9,500 serving personnel. While this represents a very significant commitment on the part of Government, at this strength level it was not possible to maintain the then organisational structure of the Defence Forces, which had been designed to support a serving strength of 11,500. As a result, I asked the Secretary General of the Department and the Chief of Staff to conduct a detailed review of the organisation and structure of the Defence Forces and to bring forward proposals on an appropriate organisation for a Defence Forces of 9,500 serving personnel which could continue to deliver the services required by Government. I accepted the proposals submitted jointly by the Secretary General and the Chief of Staff which recommended a reorganisation of Defence Forces' units based on a two Brigade structure.
All personnel in the Defence Forces have now been briefed on the reorganisation proposals. They will receive further briefings and advice on the many options available to them as implementation of the reorganisation progresses. The reorganisation implementation plan is designed to limit as far as possible the dislocation of personnel and this will become clear as the plan is implemented.
While the reorganisation means that units will be moved among existing locations, it maintains, as far as possible, the existing organisational strengths within the current locations. (See enclosed table which shows the serving strength in each barracks prior to the announcement of the reorganisation, and the proposed establishment post the implementation of the reorganisation). Certain units are being disbanded, amalgamated or relocated as part of the reorganisation. However, insofar as is practicable, serving members in the Defence Forces whose units are being moved will have the opportunity to either move with their unit or to take up new appointments within or close to their existing locations. In addition, very significant opportunities for training, career progression and promotion will continue to be available within the reorganised structure for the Defence Forces. While every effort will be made to accommodate members of the Defence Forces, inevitably, some personnel will have to change location in order to fill appointments in the new organisation. However, contrary to much of what is being stated in correspondence, there is no question of mandatorily requiring all the personnel currently serving in units changing location to move with their unit and I would like to take this opportunity to allay any concerns in that regard.
I am committed to maintaining the capacity of the Defence Forces to meet their operational requirements and the current reorganisation is part of that process. I would like to reiterate that the reorganisation will be implemented in a manner which best addresses the future organisational needs and capability requirements of the Defence Forces, while facilitating as far as possible the circumstances of individual members and detailed discussions with both Representative Associations are ongoing in this regard. I trust the above clarifies the matter for you.
Yours sincerely,
___________________________
ALAN SHATTER, T.D. MINISTER FOR JUSTICE, EQUALITY & DEFENCE.
478. Deputy Finian McGrath asked the Minister for Justice and Equality when Ireland will ratify the UN Convention on the rights of persons with disabilities; and if he will make a statement on the matter. [44768/12]
View answerIt is the Government’s intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.
The ongoing implementation of our National Disability Strategy in many respects comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the Convention monitors the remaining legislative and administrative actions required to enable ratification. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, is in the process of assisting it to assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.
One of the key requirements in this regard is the enactment of mental capacity legislation. The Government’s Legislation Programme as announced on 18 September 2012, indicates that the Mental Capacity Bill is expected to be published in the current Dáil session. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention.
479. Deputy Michael McGrath asked the Minister for Justice and Equality if he has concerns that persons with a serious criminal record are currently performing debt collection functions on behalf of persons or firms; his plans to address the issue; and if he will make a statement on the matter. [44780/12]
View answerI would have concern that any person with a serious criminal record should operate in any area of the financial services industry. However, responsibility for the licensing and regulation, including any fit and proper tests that might apply, of financial activities including debt collection does not come within the area of responsibility of my Department.
The Non-Fatal Offences against the Person Act 1997 provides protection to consumers against inappropriate methods of collecting repayments. Under section 11 of that Act, it is an offence to demand payment of a debt in a way designed to alarm, distress or humiliate. Any person who is threatened or intimidated by debt collectors should report the incident to the Gardaí who will take appropriate action.
480. Deputy Michael McGrath asked the Minister for Justice and Equality if he will provide, in tabular form if possible, a list of the bank accounts used by his Department and separately any agencies within the remit of his Department; the purpose of each bank account and the financial institution the bank account is with; the total amount of any interest charged or bank fees incurred by his Department and separately by each agency in 2011 and anticipated figure for 2012; the percentage of payments issued by his Department and each agency which are issued electronically and if the Department agency has any special arrangement in place on the issue of bank charges and fees; and if he will make a statement on the matter. [44853/12]
View answerThere were eighty-seven (87) Bank Accounts in use by my Department and Agencies on the 31/12/2011. The primary purpose of these accounts is to pay wages, salaries, general expenses and the lodgement of incomes. Details of the number of Bank Accounts and Institutions are as follows:
|
Name of Financial Institution |
Number of Bank Accounts |
Number of Bank Accounts |
Number of Bank Accounts |
|
- |
Department |
Agency |
Total |
|
Allied Irish Bank (AIB) |
6 |
17 |
23 |
|
Bank of Ireland (BOI) |
5 |
45 |
50 |
|
Permanent/TSB |
0 |
14 |
14 |
|
Total |
11 |
76 |
87 |
Records show that €1,809 was paid in bank charges in 2011 of which €730 was incurred by my Department and €1,079 by the agencies within the remit of my Department. There are no reasons to suggest that there will be any material difference in the level of these charges for 2012.
In respect of electronic payments, 100% of payroll payments for the Justice Vote and 98.4% of non payroll payments are made through Electronic Fund Transfer (EFT). In general, there are no interest or charges paid in respect of the Public Bank Accounts provided the accounts are kept in credit.
481. Deputy James Bannon asked the Minister for Justice and Equality if any proceedings have been initiated against the State arising out of the findings of the Moriarty Tribunal; and if he will make a statement on the matter; and if he will make a statement on the matter. [45599/12]
View answerI can inform the Deputy that no proceedings have been initiated against my Department arising out of the findings of the Moriarty Tribunal.
482. Deputy Kevin Humphreys asked the Minister for Justice and Equality the number of staff that availed of the special civil service incentive career break scheme 2009; the cost of the scheme since its introduction; the savings on the pay bill in that time period; the estimated full year cost for the return of all the new civil servants in 2013; the number of staff members that applied for a further extension of their leave; if these staff were counted as a reduction in numbers employed in the public service during that time period; and if he will make a statement on the matter. [45614/12]
View answerSince the introduction of the Special Civil Service Incentive Career Break Scheme in 2009, 54 staff of my Department have availed of the scheme. The total cost of the scheme since its introduction in 2009 amounts to €1.7 million and the total savings on the pay bill over the period amounts to €4.2 million. The cost to my Department, should these 54 staff return in 2013 is estimated in the region of €2 million.
12 such staff have applied for a further extension of their leave without pay and all applications have been granted. Staff availing of a career break are not considered serving staff for the duration of their career break.
484. Deputy Richard Boyd Barrett asked the Minister for Defence the cost of Irish Army participation in the war in Afghanistan; and if he will make a statement on the matter. [44915/12]
View answerThe Defence Forces are primarily deployed on overseas missions in support of international peace and security under UN mandates. On 20 December 2001, the UN Security Council unanimously adopted Resolution 1386 under Chapter VII of the UN Charter, authorising the establishment of an International Security Assistance Force (ISAF) in Afghanistan, and there are fourteen UN Security Council Resolutions relating to ISAF, most recently UN Security Council Resolution (UNSCR) 2069 (2012), adopted on 9 October 2012. This latest UN Security Council Resolution extended ISAF’s mandate for a further year until October 2013. Ireland has participated in the NATO–led UN mandated mission since 5 July 2002, following the Government Decision of 2 July 2002, authorising the provision of seven (7) members of the Permanent Defence Force for service with the force. The annual additional cost to the Defence Vote arising from participation by the Defence Forces in ISAF is approximately €320,000.
The continued participation by seven (7) members of the Permanent Defence Force in ISAF is reviewed annually by the Government. The most recent decision by the Government was on 26 June 2012, when it agreed to continue to provide seven members of the Permanent Defence Force for service with ISAF for a further period from July 2012, subject to ongoing review by the Minister for Defence. Planning for the drawdown of ISAF generally is currently ongoing and the withdrawal of the Defence Forces personnel from the mission will be coordinated within the context of the overall ISAF drawdown plan.
485. Deputy Dara Murphy asked the Minister for Defence further to Parliamentary Questions Nos. 441 and 442 of 2 October 2012, if there is a status of approval or any other state other than formal recognition; if there is, if he will provide a list of these organisations and identify the level of formal recognition that applied to them; and if he will make a statement on the matter. [44191/12]
View answerThe Department of Defence provides annual subventions to support and encourage the two officially recognised veteran groups, O.N.E. and IUNVA and representatives of both organisations hold formal meetings with Departmental officials. There are a range of other fraternal and comrades associations and clubs which have been formed by members of the Defence Forces including associations relating to particular regiments, brigades, corps etc. The formation of such associations, their number, purpose and ongoing activities is entirely a matter for the members and the Minister has no role in this regard. While the Minister is happy to wish such associations well in their endeavours and activities on behalf of their members, as a matter of policy, no particular status or formal recognition is conferred on them by the Minister nor is there any status other than formal recognition.
486. Deputy Finian McGrath asked the Minister for Defence when he expects the heads of a new Red Cross Act to be published; his views on the new ideas and proposals that should be incorporated into this new act; and if he will make a statement on the matter. [44195/12]
View answer487. Deputy Finian McGrath asked the Minister for Defence the consultations he will undertake with stakeholders and other interested parties in relation to the review of the primary legislation governing the Irish Red Cross; and if he will make a statement on the matter. [44196/12]
View answer488. Deputy Finian McGrath asked the Minister for Defence the progress that has been made to date in relation to the review of the primary legislation governing the Irish Red Cross as per the commitment in the Programme for Government; and if he will make a statement on the matter. [44197/12]
View answerI propose to take Questions Nos. 486 to 488, inclusive, together.
The Programme for Government provides for the initiation of a detailed legal review of the basis, structures and governance of the Red Cross in Ireland to improve its functioning in the light of changing circumstances.
Whilst my Department has commenced work on the review, no decisions have been taken in relation to the extent of consultations to be undertaken with stakeholders and other interested parties but a key requirement of the review will be to ensure that any legislative changes proposed must have the full support of the International Federation of Red Cross and Red Crescent Societies.
I anticipate that this review will result in a Red Cross Act (Amendment) Bill during the lifetime of this Government.
