Tuesday, 23 Oct 2012

Structured Court Settlements

Questions (466, 484)

Patrick O'Donovan

Question:

466. Deputy Patrick O'Donovan asked the Minister for Justice and Equality his plans to bring forward any proposals that will lead to changes in the implementation of the scheme that will take into consideration the individual circumstances, and life expectancy of the person involved in view of (details supplied0; and if he will make a statement on the matter. [45754/12]

View answer

Bernard Durkan

Question:

484. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the date on which the staggering or making of injuries awards by way of deferred payments will be introduced; and if he will make a statement on the matter. [45863/12]

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Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 466 and 484 together.

The Programme for Government includes a commitment to introduce legislation to facilitate courts making provision for structured settlements in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. The High Court Working Group Report on Periodic Payments recommended in October 2011 that legislation be enacted to empower the courts, as an alternative to lump sum awards, to make consensual and non-consensual periodic payments to compensate injured victims in cases of catastrophic injury where long term permanent care and treatment will be required. The Working Group also recommended that periodic payment orders should only be made where the court is satisfied that continuity of payment under the periodic payments order is reasonably secure.

The successful operation of a statutory scheme for periodic payments requires the establishment of a financial infrastructure to ensure that continuity of payment is secure. In this regard the Working Group recommended that the State, through the agency of the National Treasury Management Agency, be empowered to provide injured victims with the necessary security for periodic payments either by the provision of annuities to insurers and others or in such other manner as may be appropriate. Alternatively it was recommended that consideration be given to the introduction of a statutory scheme whereby payments made under periodic payment orders will be statutorily protected and guaranteed. The NTMA has concluded an actuarial review on the feasibility and cost-effectiveness of the State acting as an annuity provider to insurers and indemnity providers in personal injury actions to enable compliance with the security of payment principle. The NTMA report is being considered in consultation with the Minister for Finance with a view to the development of legislative proposals.

Residency Permits

Questions (467)

Bernard Durkan

Question:

467. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in relation to residency status in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [45790/12]

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Written answers

Minister for Justice and Equality

The adult persons referred to by the Deputy applied for recognition as refugees in the State on 26 January 2004 and 19 October 2006 respectively. Their applications were unsuccessful at first instance and at appeal on 4 November 2008 and 14 July 2008 respectively. They then applied for subsidiary protection but were unsuccessful on 10 and 11 August 2011 respectively. Deportation Orders were made in respect of both of them on 12 August 2011.

In relation to their two children, their applications for refugee recognition, which were made on 14 September 2011 were also unsuccessful at first instance and at appeal. By letter dated 20 June 2012, they were invited to furnish applications for subsidiary protection and/or to make representations as to why they should not be deported. To date, no response to that invitation has been received. The parents instituted Judicial Review proceedings on 22 September 2011 challenging the validity of the Deportation Orders which were made in respect of them. The Deputy will understand that, as the matter is sub judice I do not propose to comment further.

Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (INIS) of my Department 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.

Question No. 468 answered with Question No. 460.

Appointments to State Boards

Questions (469, 470)

Gerry Adams

Question:

469. Deputy Gerry Adams asked the Minister for Justice and Equality if he will provide in tabular form all appointments to State boards under his ambit since the Government took office; when the person was appointed; if the position entitles the holder to remuneration and if so the amount in each case; if the appointment was made in accordance with new procedures whereby Departments has to invite expressions of interest from the public in vacancies on the boards under their aegis. [45808/12]

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Gerry Adams

Question:

470. Deputy Gerry Adams asked the Minister for Justice and Equality the number of chairs of State boards that have been appointed since the Government came into office; if there is a remuneration for the position and if so the amount of same; if the appointee was required to go before Oireachtas Committees to discuss what they have to offer to the particular Board or Committee to which they are being appointed. [45824/12]

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Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 469 and 470 together.

I can inform the Deputy that since I took up office, I have made a number of board appointments. Details of these appointments are set out in the following table.

Entity	First Name	Last Name	Current Remuneration p.a./per diem (€)	Date of Appointment	Was the appointment made in accordance with the new procedures? (Y/N)
*Children Detention Schools Board of Management	Dan	Kelleher	No Fee Paid	20/09/2011	N
Commission for the Support of Victims of Crime	Ray	McAndrew	8,978 Chairperson	01/09/2011	N
	Deirdre	O'Keeffe	No Fee Paid
	Pat	Doyle	11,970
Courts Service Board	Shane	Browne	11,970	05/12/2011	N
	Kieran	Rose	No Fee Paid
	Betty	O'Leary	7,695
	Ellen	Mongan	No Fee Paid
	Salome	Mbugua	7,695
	Paddy	Maguinness	7,695
	Christy	Lynch	No Fee Paid
	Lynn	Jackson	No Fee Paid
	Sean	Fogarty	7,695
	Nigel	Brander	7,695
	Angela	Kerins	11,970 Chairperson
	Rhona	Murphy	7,695
	Peter	White	7,695	21/09/2011
	David	Joyce	7,695
Equality Authority	Annette	Dolan	No Fee Paid	26/09/2011	N Board accepted reappointment until end of July 2012. Irish Human Rights and Equality Commission will be appointed following public advertisement and assessment by a selection panel.
	Liam	Crowley	No Fee Paid Chairperson
	Annie	Walsh	No Fee Paid
	Shane	McCarthy	No Fee Paid
	Hugh	Mohan	No Fee Paid
	Carol	O'Kennedy	No Fee Paid
	Mary	Comer	No Fee Paid
	Ed	Ronayne	No Fee Paid
	Fergus	O'Callaghan	No Fee Paid
Garda Síochána Complaints Board	Derek	Byrne	No Fee Paid	08/05/2012	N Board reappointed pending dissolution.
	Karen	Dent	No Fee Paid
	Valerie	Bresnihan	No Fee Paid
Judicial Appointments Advisory Board	Simon	Boucher	No Fee Paid	07/06/2011	N
	Ger	Power	No Fee Paid
	Michelle	O'Neill	7,695
	Philip	O'Leary	7,695
	John	O'Gorman	No Fee Paid
	Donncha	O'Connell	No Fee Paid
	Micheál D	O'Connell	7,695
	Oonagh	McPhillips	No Fee Paid
	Joy	McGlynn	No Fee Paid
	Kate	Hayes	7,695
	Rob	Reid	No Fee Paid	11/10/2011
	David	Garvey	7,695	18/01/2012
	Mary	Dalton	No Fee Paid
	Oonagh	Buckley	No Fee Paid
Legal Aid Board	Muriel	Walls	No Fee Paid Chairperson	11/10/2011	N
	Michael	Mulcahy	250 per case reviewed
	Nora	McGarry	250 per case reviewed
Mental Health (Criminal Law) Review Board	Brian	McCracken	75,000 ** Chairman	27/09/2011	N
	John	Costello	11,970 Chairperson
	Willie	Connolly	7,695 with a 149.75 per diem payment for each prison visit, to a maximum of 12,600 p.a.
	Eddie	Rock	7,695 with a 149.75 per diem payment for each prison visit, to a maximum of 12,600 p.a.
	Shane	McCarthy	7,695 with a 149.75 per diem payment for each prison visit, to a maximum of 12,600 p.a.
	Nora	McGarry	7,695 with a 149.75 per diem payment for each prison visit, to a maximum of 12,600 p.a.
	Ciairín	de Buis	7,695 with a 149.75 per diem payment for each prison visit, to a maximum of 12,600 p.a.	Various dates in July 2011
	Brian	Murphy	No Fee Paid Ex officio member
Parole Board	Vivian	Geiran	No Fee Paid Ex officio member	August 2011	N

* The responsibility for appointments to the Children Detention Schools Board of Management moved to the Minister for Children and Youth Affairs on 1 January, 2012.

** With one exception, none of the persons appointed are in receipt of a salary. The persons concerned are entitled to travel and subsistence expenses where appropriate. Meetings are arranged to minimise such expenses.

I wish to inform the Deputy that no fees are paid to public servants, to board members who waive their entitlement or in respect of appointments which attract no fees.

Garda Deployment

Questions (471, 472, 473, 474, 475, 476, 477, 478, 485)

I have been informed by the Garda Commissioner that the personnel strength of Kildare Garda Division on 30 September 2012, the latest date for which figures are readily available, was 319 Gardaí, 24 Garda Reserves and 29 civilians. The personnel strength of each Garda Station referred to by the Deputy on 30 September 2012 and on 31 December 2010 was as set out in the table hereunder.

With regard to the allocation of Garda vehicles, this is a matter in the first instance 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. However, I am informed by the Garda authorities that, as at 17th October 2012, there were 34 Garda Cars allocated to the Kildare Garda Division, compared with 39 allocated in 2010.

Station	Strength 30/09/12	Strength 31/12/10	Opening Hours - 2010 and 2012
Monasterevin	5	4	10am -1pm Mon -Sun
Robertstown	2	5	10am -1pm Mon -Sun
Kilcullen	2	2	10am -1pm Mon -Sun
Ballitore	1	2	7pm - 9pm Mon, Wed, Fri, Sat Closed Sunday
Athy	34	29	9am-10pm Mon-Sun
Rathangan	3	4	10am -1pm Mon -Sun
Kildare Town	27	33	24hr
Castledermot	3	3	10am-1pm, 6pm-7.30pm Mon - Sun
Ballymore Eustace	2	1	2pm-4pm Mon - Sat Closed Sunday

*All opening hours are subject to manpower availability

Residency Permits

Questions (479)

Bernard Durkan

Question:

479. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in relation to residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [45851/12]

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Written answers

Minister for Justice and Equality

The person concerned had a Deportation Order made against her, following the refusal of her asylum application and her application for Subsidiary Protection and the subsequent consideration of her case under Section 3 (6) of the Immigration Act 1999 (as amended). She lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against her. These proceedings were settled with the consequence that the person concerned was afforded the opportunity to submit, within a specified period, fresh representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Arising from the terms of settlement of the judicial review proceedings, her Deportation Order was revoked. The person concerned, through her legal representative, has submitted fresh representations.

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 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.

Garda Transport Provision

Questions (480)

Tom Barry

Question:

480. Deputy Tom Barry asked the Minister for Justice and Equality if he will instruct the Garda Commissioner to furnish Dáil Éireann with a list of Garda vehicles that have been withdrawn from service. [45853/12]

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Written answers

Minister for Justice and Equality

Decisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. I am informed by the Garda authorities that 234 vehicles were withdrawn from service between January and September 2012. In addition, I understand that a list of these vehicles is not readily available and could only be compiled by using Garda resources which are required for other purposes.

Garda Transport Provision

Questions (481)

Tom Barry

Question:

481. Deputy Tom Barry asked the Minister for Justice and Equality the number of Garda vehicles, both traffic corps and fleet that have been in service annually more than the last 10 years. [45854/12]

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Written answers

Minister for Justice and Equality

I am advised by the Garda authorities that Garda vehicles are not exclusively designated to any particular duty and are available to be deployed in a variety of roles in response to operational requirements. The Deputy will appreciate, therefore, that it is not practicable to provide a breakdown for the period concerned between Traffic Corps and other fleet vehicles. In that context, I am advised by the Garda authorities that the strength of the Garda fleet for the years 2005 to date is as outlined in the following table:

YEAR	FLEET TOTAL
2005	2,140
2006	2,184
2007	2,305
2008	2,729
2009	2,814
2010	2,740
2011	2,623
30 Sep 2012	2,457

Garda Transport Provision

Questions (482)

Tom Barry

Question:

482. Deputy Tom Barry asked the Minister for Justice and Equality the breaches of Safety, Health and Welfare at Work Act 2005 and Road Traffic Legislation that occurred in order to necessitate the removal of Garda cars from service at 300,000km; especially when these cars have an up to date National Car Test Certificate. [45855/12]

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Written answers

Minister for Justice and Equality

Decisions in relation to the deployment of Garda vehicles are a matter for the Garda Commissioner. I understand from the Garda authorities that in relation to patrol cars the relevant manufacturers have indicated that they are only prepared to guarantee the durability of the body structure and the chassis up to 300,000 kilometres. Accordingly, these vehicles are withdrawn from service once the odometer reading reaches 300,000 kilometres and this is the operational policy that has been applied by the Garda authorities on an on-going basis.

Naturalisation Applications

Questions (483)

Bernard Durkan

Question:

483. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in relation to naturalisation in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [45856/12]

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Written answers

Minister for Justice and Equality

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

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Question No. 484 answered with Question No. 466.

Question No. 485 answered with Question No. 471.

Visa Applications

Questions (486)

Billy Timmins

Question:

486. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding a visa application in respect of a person (details supplied) in County Wicklow. [45876/12]

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Written answers

Minister for Justice and Equality

It is open to the person concerned to make a visa application on-line through the following link: https://www.visas.inis.gov.ie. Each visa application is considered on its individual merits, the onus resting with the applicant to satisfy the Visa Officer as to why the visa should be granted. Information on making a visa application can be found on the Irish Naturalisation and Immigration Services website (www.inis.gov.ie). It should be borne in mind however that the information contained on the website is intended to act as a guideline only. It does not limit the discretion of the Visa Officer in dealing with individual applications.

Queries in relation to general immigration matters 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.

Refugee Legal Services

Questions (487)

Derek Nolan

Question:

487. Deputy Derek Nolan asked the Minister for Justice and Equality the number of judicial review proceedings, in which the Refugee Appeals Tribunal was a respondent, in 2010, 2011 and the first six months of 2012 that were successful, unsuccessful and were settled by the parties prior to being heard by the High Court; and if he will make a statement on the matter. [45888/12]

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Written answers

Minister for Justice and Equality

The information requested by the Deputy is as follows. In 2010, 22 cases were successful, 89 were unsuccessful and 28 were settled. The comparable figures for 2011 were 14, 25 and 37 while the figures to end June 2012 were 6, 6 and 15 respectively. For the sake of completeness, the Deputy might wish to note that some 1,048 judicial reviews involving the Refugee Appeals Tribunal are pending in the High Court. More than 600 of those cases are backed up behind one case which was the subject of a referral for a preliminary ruling by the High Court to the Court of Justice of the European Union. In the case concerned, the High Court delivered its judgment in the State's favour in February 2011. While this was followed last month by an opinion by Advocate General Bot which is supportive of the State's position in the case, a final ruling by the Court of Justice is awaited.

Garda Stations Refurbishment

Questions (488)

Marcella Corcoran Kennedy

Question:

488. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality when a Garda station (details supplied) in County Offaly will be refurbished; and if he will make a statement on the matter. [45896/12]

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Written answers

Minister for Justice and Equality

The programme of refurbishment of Garda stations is based on accommodation priorities which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. I am advised by the Garda authorities that plans for the refurbishment of the Garda station referred to by the Deputy are being developed. This project will be further progressed in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote for the Office of Public Works.