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Wednesday, 17 Oct 2012

Written Answers Nos 216-227

Commercial Rent Reviews

Questions (216)

Catherine Murphy

Question:

216. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the agreed lease on the main premises of An Bord Pleanála at Marlborough Street, Dublin 1, is subject to an upwards only review clause; if he will confirm that a new lease was recently agreed on the premises; if so, if the new lease contains the same upwards only review clause; if he will provide the full financial cost of renting the premises per year since it has been occupied by An Bord Pleanála; and if he will make a statement on the matter. [45369/12]

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Written answers

An Bord Pleanála entered into a 25 year lease on 22 January 2002. The rent during the period up to the first review was €1,108,626. The terms of the lease provide for rent reviews every 5 years . A rent review was carried out and a revised rental of €1,250,000 effective from 22 January 2007 per annum was agreed on 30 October 2008. However, notwithstanding the fact that the terms of the lease provide for upward only rent reviews, a further rent review was due on 22 January 2012 and a verbal agreement was reached between the landlord and the Board that a rent review for that next five year period would not be undertaken. The rent has therefore remained at €1,250,000.

The total rent paid by the Board under the lease to date is set out in the table below.

Year

Amount

2002

€1,108,626

2003

€1,108,626

2004

€1,108,626

2005

€1,108,626

2006

€1,108,626

2007

€1,250,000

2008

€1,250,000

2009

€1,250,000

2010

€1,250,000

2011

€1,250,000

2012

€1,250,000

TOTAL

€13,043,130

Registration of Title

Questions (217)

Áine Collins

Question:

217. Deputy Áine Collins asked the Minister for Justice and Equality when a transaction (details supplied) will be completed in the Land Registry Office. [45080/12]

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Written answers

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round. I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Court Sittings

Questions (218)

Jim Daly

Question:

218. Deputy Jim Daly asked the Minister for Justice and Equality his plans to close court houses in rural towns and transfer the services to the main city court house; the reason for making such a decision: the cost savings that will be achieved by this move; and if he will make a statement on the matter. [44964/12]

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Written answers

I wish to inform the Deputy that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the provision of accommodation for court sittings.

However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the Service can continue to maintain the delivery of front line court services and an appropriate level of service to court users. I understand that no court venue has been singled out for or indeed exempted from the review process.

In this context a comprehensive review of venues has recently been completed, the purpose of which was to establish a general framework within which venues could be considered for closure taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. The likely impact on other Justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account. The review identified a range of venues nationwide which, based on the criteria applied, could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue which has now commenced.

The Service has advised that the identification of venues as part of the review process does not conclusively mean that the identified venues will close. I am informed that no decision will be taken on an individual venue without prior consultation with local stakeholders and I understand that this consultation will be undertaken at an early stage in the assessment process so that all views can be fully reflected in the decision making process. It should be noted that the final decision will be a matter for the Courts Service Board. Under the statute I have no role or function in the matter.

The Courts Service has informed me that the cost savings will be calculated as part of the detailed assessment of each individual venue. It is anticipated that the annual cost savings per venue closed will be in the region of €10,000. It should be emphasised, however, that savings alone are not the objective and the intention of the proposed consolidation is to achieve operational efficiencies and a greater throughput of cases combined with providing an appropriate level of service to court users.

Visa Applications

Questions (219)

Bernard Durkan

Question:

219. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 1219 of the 18 of September 2012, the options available to a person (details supplied) in County Kildare since they have not done a degree course, and has not done one for five years; if he will outline if a further higher education course may be undertaken in this instance; and if he will make a statement on the matter. [45003/12]

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Written answers

I refer the Deputy to my reply to Dáil Question 1219 of 18 September 2012, which sets out the position in respect of the person concerned. The person entered the State on 27 July 2007 and registered with the Garda National Immigration Bureau (GNIB) on the 30 July, 2007. He had his permission to remain as a student renewed on an annual basis until 7 August 2012.

As previously outlined to the Deputy, a student who first entered the State or commenced their studies after 31 December, 2004 is subject to the conditions of the New Regime for full time non-EEA students , which was published in September 2010 and has been in effect since 1 January, 2011. It is available on the INIS website: www.inis.gov.ie. This policy stipulates that non-EEA nationals may reside in Ireland as students, subject to the provisions of the new regime, for a maximum aggregate period of seven years. A student is responsible for managing their studies to ensure compliance with this time limit.

This aggregate period may consist of periods of study on language or non-degree level courses as well as degree level courses. However, it is a condition of the new regime that the maximum time a student may stay in Ireland for the purpose of attending courses at language or non language degree level is limited to 3 years. In line with the new regime, it is permissible for students who come to Ireland on a language or non-degree programme to enroll on a course on the degree programme but subject to the overall limit of 7 years not being exceeded. Courses under this programme must be listed on the Internationalisation Register. The person in question has exceeded the maximum 3 year period that a non EEA national is permitted to remain in the State to pursue a course of studies at language and non degree level. As the person referred to by the Deputy is not in a position to enroll on a degree level course that complies with the conditions of the New Regime for full time non-EEA students, he has no basis to remain in the State as a student.

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 Expenditure

Questions (220)

Michael McGrath

Question:

220. Deputy Michael McGrath asked the Minister for Justice and Equality if he will provide in tabular form, in respect of 2011, the number of payments issued by his Department and each agency within the remit of his Department to suppliers in respect of the supply of goods and services; splitting the payments between those issued within 30 days of receipt of the invoice; between 30 and 60 days of receipt of the invoice; between 60 and 90 days of receipt of the invoice; between 90 and 120 days of receipt of the invoice; and in excess of 120 days of receipt of the invoice. [45022/12]

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Written answers

The Department publishes on its website, each quarter, the number of payments made in respect of the supply of goods and services and the time period within which such payments are made. The summary position for 2011 is as follows:

Vote

Number of payments issued

within 30days

Number of payments issued after 30 days

Justice and Equality

30,315

609

An Garda Síochána

45,355

1,155

Prisons

22,688

824

Courts

12,156

894

Property Registration Authority

1,702

26

In the region of 97% of all payments were issued within 30 days and practically all the payments issued after 30 days are made within the 30 to 60 day period .

Proposed Legislation

Questions (221)

John Browne

Question:

221. Deputy John Browne asked the Minister for Justice and Equality his plans to change current wardship legislation and if he will outline his views on the need for such change. [45035/12]

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Written answers

The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The Bill is at an advanced stage of drafting. Work is ongoing to properly align the provisions of the Bill with the principles contained in the UN Convention on supporting people with impaired capacity in making decisions and exercising their basic rights. I envisage that the title of the Bill will reflect this approach.

The Bill proposes replacement of the Wards of Court system with a modern statutory framework to support persons with impaired decision-making ability. The Wards of Court system is regarded as unsuited to modern conditions and incapable of coping with projected demographic growth and increased need for the management of the affairs of persons who lack capacity. The terminology and concepts used in the existing legislation of 1871 are regarded as inappropriate to the modern understanding of mental illness and legal capacity. The enactment of new legislation is one of the core elements of the remaining work to be completed to enable ratification of the UN Convention on the Rights of Persons with Disabilities and work on the Bill in ongoing.

Courts Staff

Questions (222)

Denis Naughten

Question:

222. Deputy Denis Naughten asked the Minister for Justice and Equality the number of staff and vacant posts in each district probate office; the steps being taken to deal with the backlog; and if he will make a statement on the matter. [45109/12]

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Written answers

The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which, as the Deputy will be aware, is independent in exercising its functions under the Courts Service Act 1998. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that there are 14 District Probate Registries located outside Dublin attached to Circuit Court Offices. Staff in these offices also have responsibility for other aspects of circuit court work. I am sure that the Deputy will appreciate that the Courts Service, in common with all other public sector organisations, is obliged to ensure that resources are deployed to best effect to ensure continuity of service with reduced budgets and resources. Greater flexibility in the deployment of available resources will be critical in maintaining the delivery of front line court services.

The Courts Service has informed me that the impact of vacancies on the provision of services varies between court offices depending on the number of vacancies and the skill sets available in each office. The Service has put in place contingency plans customised to meet the needs of individual offices. These plans include technical skills training to address the skills and knowledge deficit resulting from vacancies. In addition, the Courts Service has indicated to applicants that they may lodge probate applications with the Probate Registry in Dublin, if they wish to do so. The Service has also put in place a series of work force planning measures over the last three years to ensure that available resources are deployed to best effect including the centralising of processes, creation of multi-jurisdictional combined court offices, rationalisation of court venues and offices, rationalisation and standardisation of processes and an ongoing review of resource allocation including redeployment to front line services.

The table below sets out the current position in each office:

Circuit Court Office/ Combined Office

**Total staff

currently serving

Number

of Vacancies

*Mayo

10

1

*Cavan

3

2

Tipperary

8

1

Cork

28

0

Louth

8

1

*Galway

11

1

*Kilkenny

5

1

Donegal

11

0

Limerick

13

1

*Westmeath

7

0

Sligo

7

0

Kerry

7

5

*Waterford

15

2

Wexford

5

1

Total

138

23

*These are now combined court offices.

** The number of staff in each court office responsible for all aspects of court work not exclusively probate.

Asylum Seeker Accommodation

Questions (223, 224, 225, 226, 227)

Aengus Ó Snodaigh

Question:

223. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of accommodation centres closed by the Reception and Integration Agency since August 2012, and the decreased number of asylum seekers spaces taken out of the system as a result of the closures; and if he will make a statement on the matter. [45285/12]

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Aengus Ó Snodaigh

Question:

224. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the cost to the State, paid in excess capacity versus occupancy, in the provision of accommodation for asylum seekers, from May 2010 to 1 October 2012; and if he will make a statement on the matter. [45286/12]

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Aengus Ó Snodaigh

Question:

225. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the reason the recommendations contained in the Value for Money and Policy Review, Reception and Integration Agency, Final Report May 2010, have not been implemented in regard to excess capacity, which as of 16 September 2012 was running at 14.7%, which represents 852 excess bed spaces; the cost of this excess capacity; the person in the Reception and Integration Agency that has overall responsibility for this excess; if the cost to the State can be quantified because of this excess capacity when measured against occupancy;; and if he will make a statement on the matter. [45287/12]

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Aengus Ó Snodaigh

Question:

226. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the reason the residents of Lisbrook House, Galway, who with their belongings were on a bus awaiting transfer to another accommodation centre, were instructed to get off the bus, take their belongings and return to Lisbrook House; and if he will make a statement on the matter. [45288/12]

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Aengus Ó Snodaigh

Question:

227. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of times since taking office he has visited the offices of the Reception and Integration Agency, at Bishop’s Gate, Dublin 2; the number of times and at what interval he is directly briefed by senior staff within the Reception and Integration Agency regarding the excess cost to the State of running an excess capacity over actual occupancy in the provision of services to asylum seekers; and if he will make a statement on the matter. [45289/12]

View answer

Written answers

I propose to take Questions Nos. 223 to 227, inclusive, together.

The Reception & Integration Agency (RIA), an operational unit of the Irish Naturalisation & Immigration Service (INIS) of my Department, is responsible for the accommodation of asylum seekers under the Direct Provision system. As of 7 October, 2012, RIA is accommodating 4,955 persons in 36 accommodation centres located in 17 counties throughout the country. Details of all of these centres are available on its website - www.ria.gov.ie. I am regularly briefed and kept informed on all matters relating to immigration and asylum including the Direct Provision System as well as, of course, the linked matters of finance and budgets.

The matter raised by the Deputy centres around the Value for Money Report and Policy Review - Asylum Seeker Accommodation Programme, published in 2010, which was laid before the Oireachtas and is available on the Oireachtas website and RIA's website www.ria.gov.ie . In this report, the VFM group accepted that it is not possible for RIA to achieve 100% occupancy of its accommodation - due to family configuration, sickness requiring isolation, and so on - and recommended that RIA strive for an occupancy rate of 90% or less of its available capacity. This is a guideline and at any point in time spare capacities can be above or below this figure. It is therefore an incorrect premise that capacity above 10% at a particular point in time is an 'excess' which can be quantified in monetary terms.

There are three reasons for this. Firstly, the ebb and flow of asylum seekers requiring RIA accommodation is such that it is impossible to predict with 100% certainty that the numbers requiring accommodation will result in a spare capacity of exactly 10% or less at any one point.

Secondly, contracts which RIA has with service providers are deliberately 'staggered' throughout the year to account for this ebb and flow. Indeed, generally contracts are now for between 12 and 18 months in duration and this allows RIA to engage or disengage from contracts as required having regard to current accommodation needs. Given the current downward trend in asylum seekers requiring accommodation, when a contract comes up for renewal a decision has to be made to seek to reduce its capacity, including adjusting capacity across a group of related centres, or to close it. RIA makes every effort to keep family centres open, preferring instead to reduce contracted capacities. But a reduction of capacity by, say, 15% does not mean a commensurate reduction in cost and the closure of a centre may be the only economic option for the contractor. It is simply not possible, taking into account the logistics involved in either reducing capacities or closing centres, to achieve a spare capacity of 10% at all times. This can only be achieved over a period of time taking into account projected fluctuations in demand.

Thirdly, the recommendation in this respect was one of a number of inter-linked recommendations. Among the recommendations of the VFM report was the introduction of a mix of ‘contracts for capacity’ and ‘contracts for availability and occupancy’ as well as a 'more open' tendering system in respect of the commercially owned and operated centres in the RIA portfolio. Preparatory work has begun on devising a more open tendering process for the commercially owned centres which could only have taken place following the recent completion of the tender competition for the management of RIA's seven State owned centres. This will be a difficult and complex exercise as the tender process will have to take account of "non-money" issues such as access to social, educational and health services as well as adherence to long standing Government policy on dispersal of asylum seekers throughout the country so that no one region is disproportionately burdened in relation to service provision, as well as a recognition that other State agencies may have already committed resources in a particular region or area.

An illustration of the complexities involved in taking actions to achieve the recommendations of the VFM report is the recent decision by RIA to close down the Lisbrook centre in Galway city. This operation was in progress when I received a number of representations, including from the Deputy’s own party on the matter. I instructed that the operation be suspended until the decision had been reviewed. The review concluded that the closure was necessary, particularly in view of the need to reduce bed capacity in RIA centres thereby reducing expenditure. This decision, of course, is entirely in keeping with the recommendation of the Value for Money Report and will yield a cost reduction of approximately €2 million.

In the period 2009 (when significant downsizing of the RIA portfolio began) to date, a total of 23 centres have been closed. When Lisbrook House is closed in a few weeks, that will bring the number up to 24 and will have yielded an overall reduction in capacity of 2,671. Arising from these closures and reductions in capacity, as well as other cost saving measures introduced by RIA, the cumulative savings overall on the Direct Provision system from the end of 2008 to the end of 2012 will amount to over €67 million.

Since August 2012, RIA has closed one centre - Viking Lodge in Dublin 8 (55 bed spaces) and is currently in the process of closing Lisbrook House in Galway City (284 bed spaces). Taking the closures indicated above as well as reductions in capacities on other contracts into account, RIA expects to have a capacity of 5,460 at 31 December, 2012. Taking current occupancies rates as a base, this would represent a spare capacity of 9.2%, well within the VFM recommendations.

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