Written Answers Nos. 763-783
763. Deputy James Bannon asked the Minister for the Environment, Community and Local Government the exact number of public servants who are back in employment in the public service, who are on pensions and have accepted lump sums; and if he will make a statement on the matter. [49085/12]
View answerThere are no retired staff employed by my Department
There are two former public servants employed on a consultative basis in State agencies under the aegis of my Department.
I understand that there were two requests to my Department for derogations in relation to very short term arrangements for two local authority personnel, who retired before the end of the grace period this year, to be engaged post retirement for one month and three months respectively to carry out specific duties. Both requests were initially refused. However, the request for a one month arrangement in relation to an Officer at Grade 6 was subsequently approved.
764. Deputy Terence Flanagan asked the Minister for Justice and Equality the amount in expenses that Judges receive tax free; and if he will make a statement on the matter. [47565/12]
View answerPayments are made to members of the judiciary in respect of travel and subsistence necessarily incurred on court business. The cost is largely determined by the number and location of court sittings and the travelling expenses payable to judges cover the use of their own private car. In addition vouched costs may be claimed relating to judicial attire. Such expenses are paid exclusive of income tax, in keeping with the practice throughout the public service. Details are set out in a table.
Allowances and expenses paid to members of the judiciary from the Courts Service Vote in 2011
|
Court Jurisdiction |
*No. of Judges assigned |
Travel |
Subsistence |
Judicial Attire & Incidental Expenses |
Total |
|
Supreme Court |
8 |
€1,181.75 |
€8,097.23 |
€487.34 |
€9,766.32 |
|
High Court |
37 |
€7,065.71 |
€96,313.27 |
€16,170.71 |
€119,549.69 |
|
Circuit Court |
38 |
€242,178.63 |
€299,722.41 |
€9,822.95 |
€551,723.99 |
|
District Court |
66 |
€422,892.65 |
€518,069.65 |
€14,926.48 |
€955,888.78 |
|
Total |
149 |
€673,318.74 |
€922,202.56 |
€41,407.48 |
€1,636,928.78 |
*The number of Judges above relates to all judges who served throughout the year, however not all judges claimed expenses.
It should be noted that 98% of total travel relates to mileage, the balance relates to taxi, car parking and other public transport. 95% of total subsistence relates to subsistence in Ireland, the balance relates to subsistence outside of Ireland including attendance at judicial training/conferences. In some instances payments include arrears from previous years. Costs incurred by judges sitting on Tribunals/Boards of Inquiry are recoupable from the relevant Department to the Courts Service.
In addition to the above expenses which are paid from the Courts Service Vote, an annual expense allowance is paid to members of the judiciary under the provisions of section 164 of the Finance Act 1994. This is paid monthly from the Department of Finance as part of salary. The levels are currently as follows:
Current Annual Allowance
|
Judicial Office |
Annual Allowance Rate |
|
Chief Justice President of the High Court Judge of the Supreme Court Judge of the High Court President of the Circuit Court President of the District Court |
€9,057.96 (€754.83 monthly) |
|
Judge of the Circuit Court |
€2,730.02 (€227.50 monthly) |
|
Judge of the District Court |
€1365.01 (€113.75 monthly) |
765. Deputy Dara Calleary asked the Minister for Justice and Equality his policy regarding the provision of refugee status to Syrian nationals fleeing Aleppo via Turkey; if any provision exists for granting refugee status to family members in Syria of persons already granted refugee status here; and if he will make a statement on the matter. [47572/12]
View answerIn Ireland, the Refugee Act 1996 (as amended), the European Communities (Eligibility for Protection) Regulations 2006, the European Communities (Asylum Procedures) Regulations 2011 and the Refugee Act 1996 (Asylum Procedures) Regulations 2011 are the principal domestic legal instruments which reflect current national policy in the area of asylum.
Asylum applications are not generally accepted from persons present in other countries as our refugee law is based on applications for asylum being made in the State. Specifically, section 8 of the Refugee Act, 1996 provides that any person who arrives at the frontiers of the State, or any person who at any time is in the State seeking the status of a refugee may apply to the Minister for a declaration of refugee status. It is a generally accepted principle internationally, and one which Ireland applies, that a person should seek asylum in the first safe host country in which they arrive. The granting of refugee status in Ireland is considered in accordance with the definition contained in the 1951 UN Convention relating to the Status of Refugees, as amended by the 1967 New York Protocol thereto, and as defined in section 2 of the Refugee Act, 1996 (as amended). Any Syrian national who arrives in the State and who seeks protection will have his or her application considered in the context of the above mentioned legal framework. In 2011, 9 asylum applications were received from persons claiming to be from Syria. In 2012, 13 applications have been received to date.
A person who has been granted refugee status in the State, or who having failed to secure that status is granted subsidiary protection status, is entitled to make a family reunification application to the Minister for permission for a family member to enter and to reside in the State.
766. Deputy Denis Naughten asked the Minister for Justice and Equality the annual cost of leasing the Property Registration Authority offices at Setanta Centre, Dublin 2; when this lease will expire; the number of staff currently employed in the building by the PRA; the vacant capacity in the PRA building in Roscommon town; his plans for the relocation of staff; his plans for the completion of the decentralisation programme; and if he will make a statement on the matter. [47742/12]
View answerI am advised that the number of Property Registration Authority (PRA) staff currently located in the in the Setanta Centre, Nassau Street is 84. The property is leased by the Office of Public Works (OPW) at a cost of €996,164 per annum.
The lease for this accommodation expires in March 2013 and staff will have to be re-located before the expiry of the lease. The PRA has been in continuing discussions with the OPW to finalise the proposed location of staff. The OPW are now looking at a suitable location. However, it is unlikely that the proposed location will be sufficient to accommodate all the staff currently located in the Setanta Centre and some staff will have to be re-located to the PRA's Chancery Street offices.
Following the Government Review on the viability of all decentralisation projects, it was decided, in the case of the Property Registration Authority, that the Authority should remain in situ in the new premises located at the Golf Links Road in Roscommon. The building was originally designed to accommodate 230. The number of PRA staff currently located in the Roscommon building is 77. Due to a number of factors the PRA has not been in a position to locate the planned number of staff in this building. These include the moratorium on recruitment, a proposed redeployment programme and the ongoing reduction in staff numbers required under the Employment Control Framework (ECF). In view of these circumstances, the PRA has been working with the Office of Public Works to ensure the optimum utilisation of the accommodation by other suitable public sector occupants.
For some months now, a small number of staff from the Roscommon Enterprise Board has been occupying part of the accommodation. Approximately 50 staff from the Department of Agriculture, Food and the Marine are scheduled to re-locate to the Golf Links Road building in the early part of December 2012. The PRA will continue to work with the OPW to seek opportunities to fully maximise the occupancy of this building.
767. Deputy Arthur Spring asked the Minister for Justice and Equality his view on the proposed 40% female corporate gender quota in the EU; if he will support the quota; and if he will make a statement on the matter. [48113/12]
View answerI refer the Deputy to the reply I gave to PQ ref 38842/12 on this topic, answered on 18 September 2012, as follows:
"I understand that discussions are still ongoing at European Commission level in relation to a proposal by Commission Vice-President Reding to strengthen the role of Women on Corporate Boards. A policy orientation discussion was held during the Danish Presidency and this was attended by Minister of State Kathleen Lynch T.D.
When the Commission's proposals are tabled, I will examine them and will consult with my colleague, Minister Richard Bruton, with regard to the formulation of an Irish policy position".
While I understand there have been some discussions among the College of the Commission recently, further discussion is anticipated in the coming weeks and the Commission proposals will not be tabled until they are agreed in that forum.
768. Deputy Micheál Martin asked the Minister for Justice and Equality if he will clarify when a visa will issue to a person (details supplied) who hopes to travel to Ireland to bring their sister, who is very unwell, back to the Phillipines; and if he will make a statement on the matter. [48437/12]
View answerThe person in question has not yet lodged the necessary supporting documentation for their application with the Consulate General for Ireland in Manila. Until the signed Declaration, supporting documents and appropriate fee are lodged in the Consulate, the Visa application cannot be processed. However, given the circumstances of the case, I will arrange for the Consulate to be contacted by the Visa office in Dublin in order that processing of the visa application can be expedited.
All information/supporting evidence that it is wished to have taken into consideration with the application should be included when the visa application is submitted. It should be borne in mind however, that the provision of the suggested evidence in no way guarantees that a visa will be granted. Furthermore, it does not limit the discretion of the visa officer in dealing with individual applications.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may also be made direct 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.
769. Deputy Denis Naughten asked the Minister for Justice and Equality the plans, if any, he has to implement the recommendation of the report by Joint Oireachtas Committee on Jobs, Enterprise and Innovation entitled A review of the ICT skills demand in Ireland, seeking the introduction of a Technology Visa for IT professionals to address the present temporary skills shortage; and if he will make a statement on the matter. [47216/12]
View answerI would refer the Deputy to my answers to previous Parliamentary Questions on this issue. My most recent reply to Parliamentary Question 42802/12 on 9 October last is reproduced for the Deputy's information.
While I am not averse in principle to the establishment of an immigration regime specifically geared to the technology sector, it would have to be on the basis that there was concrete evidence of a particular skills deficit in the labour market that cannot be filled by Irish or EU citizens. That labour market assessment would ultimately be a matter for my colleague the Minister for Jobs Enterprise and Innovation. In this regard it should be borne in mind that the technology sector spans a broad range of skills with differing levels of supply and demand.
I would also envisage that applicants for any such programmes would be subject to a rigorous assessment of their qualifications and experience to ensure that their skill sets are appropriate for the sector in question.
In any event, the existing visa application arrangements are entirely flexible and designed to cater for the widest possible range of applicants who may wish to come here as workers, visitors, professionals and so forth.
While I appreciate that the term "Technology Visa" is in common usage in respect of this issue, that description is somewhat misleading. In reality what we are talking about here are employment permits and any person who is successful in obtaining such a permit can reasonably expect to be granted immigration status on foot of it. My Department and the Department of Jobs Enterprise and Innovation are also working together to see how our collective processes can be streamlined.
770. Deputy Billy Kelleher asked the Minister for Justice and Equality the names of each staff member within his Department that has been rehired since March 2011 and the cost involved in each case; and if he will make a statement on the matter. [47298/12]
View answerIn the period 01 March 2011 to date, a total of 89 staff retired from my Department, none of whom have been rehired.
It should be noted that, on occasion, retired public servants may be engaged mainly on a short term basis because of their specific knowledge and expertise in a particular area, for example, to serve on interview boards, complete investigations etc.
771. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the complaints procedure in place for those who feel they have been treated inappropriately by the Garda National Immigration Bureau officials; and if he will make a statement on the matter. [47335/12]
View answerComplaints relating to the alleged misbehaviour of any member of An Garda Síochána come within the remit of the Garda Síochána Act, 2005, and the Garda Síochána Ombudsman Commission. Such complaints can be made either directly to the office of the Garda Síochána Ombudsman Commission or to An Garda Síochána by stating, giving or sending it-
(a) to the Garda Commissioner
(b) to any member of the Garda Síochána at a Garda Síochána station, or
(c) to a member at or above the rank of Chief Superintendent at a place other than a Garda Síochána station
In cases where the complaint is made directly to An Garda Síochána, it will be forwarded to the Garda Síochána Ombudsman Commission in accordance with section 85 of the Act.
It is also important to note that Section 84 of the Act requires that a complaint must be made within the period of 6 months beginning on the date of the conduct giving rise to the complaint.
Complaints against non-Garda officials attached to the Garda National Immigration Bureau can be made to the Detective Chief Superintendent in GNIB, to the Garda Commissioner or to the Director of Human Resources of An Garda Síochána.
772. Deputy Finian McGrath asked the Minister for Justice and Equality the reason the Gardaí did not take a complaint of anti-semitic intimidation seriously, according to an internet blog which has received international attention (details supplied); if he will confirm that the Gardaí received these complaints; and if he will make a statement on the matter. [47339/12]
View answer787. Deputy Catherine Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 427 of 2 October 2012, if he will provide an update on the report he has requested from the Garda Commissioner; his plans regarding the growing problem of online abuse, bullying and harassment which is frequently conducted through social media; and if he will make a statement on the matter. [47821/12]
View answerI propose to take Questions Nos. 772 and 787 together.
I have been informed by the Garda authorities that local Garda management in the area referred to are unaware of any incident reported to Gardaí of the kind referred to in the Deputies' questions. I want to make it clear that I have been assured by the Garda authorities that if the incident referred to is reported to them it will be fully investigated, as would any such reports, in accordance with relevant legislation and having regard to the Garda Diversity Strategy which encourages victims to come forward to report race and hate crimes.
There are significant provisions in the Criminal Law in place which Gardaí may utilise in relation to investigations in this area. In particular, the Prohibition of Incitement to Hatred Act 1989 was enacted to prohibit incitement to hatred on account of race, religion, nationality or sexual orientation. Furthermore, section 10 of the Non-Fatal Offences against the Person Act 1997 provides that any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of the offence of harassment. In addition, section 5 of that Act makes it an offence for any person, without lawful excuse, to make to another a threat, by any means intending the other to believe it will be carried out, to kill or cause serious harm to that other or a third person.
Any complaint of alleged on-line abuse, bullying or harassment is fully investigated by An Garda Síochána. The Garda Síochána Computer Crime Investigation Unit is available to assist local Garda officers in the investigation of alleged offences. Bullying in any form may amount to an assault or harassment and I therefore urge anyone subjected to bullying of whatever variety to contact the Gardaí.
I can also inform the Deputies that assistance is available from a number of sources to help those affected by cyberbullying. The Safer Internet Ireland project is coordinated by the Office for Internet Safety in my Department. The body now called Technology in Education under the remit of the Professional Development service for Teachers (formerly known as the National Centre for Technology in Education) participates in the project. It operates www.webwise.ie which provides advice and information to parents and teachers. The ISPCC and the National Parents Council (Primary) also participate. Both organisations offer assistance through their confidential telephone helplines on how to deal with cyberbullying. The Office for Internet Safety itself supplies very useful guides, including "A Parents Guide to Social Networking Sites" and "A Guide to Cyberbullying".
773. Deputy Dara Calleary asked the Minister for Justice and Equality the conditions attached for contractors applying to the private security authority for registration on the register of CCTV and access control licence holders; the provisions in place for small electrical contractors to become licence holders; if he will instruct the P.A. to consider the introduction of an instalment system for small contractors to pay the licence fee and associated costs; and if he will make a statement on the matter. [47485/12]
View answerI wish to inform the Deputy that the Private Security Authority (PSA), an independent agency under the remit of my Department, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The Private Security Services Act 2004 (as amended) sets out the activities in the private security industry which are, or will be, subject to licensing.
Since the 1st October 2012, contractors providing security services in the access control and CCTV sectors require a licence from the PSA. I am informed by the Authority that contractors seeking a licence are required to provide a valid tax clearance certificate, evidence of having obtained a standard endorsed by the Authority and a certificate of incorporation, if applicable. The standard required for the access control sector is SR 40:2005 - an Irish Standard Recommendation for electronic security services. For CCTV, both the SR 40 standard and PSA 2006:12 are required, the latter being the Authority's requirements for CCTV installation. In addition, all sole traders, partners, company directors and shareholders with a holding of 5% or more are vetted by An Garda Síochána before a licence issues.
Contractors such as those in the access control and CCTV sectors are required to pay a licence fee to the Authority and the Deputy may wish to note that an instalment payment option to assist contractors with paying for their licence has already been introduced. The PSA's licence fee structure is monitored by the Authority on a regular basis and I am advised that the Board of the Authority is, in fact, currently reviewing the licence fee structure and will consider it at its next meeting.
774. Deputy Seán Kenny asked the Minister for Justice and Equality the additional resources Gardaí in the R District are being provided with to deal with Halloween; and if he will make a statement on the matter. [47552/12]
View answerAs you are aware, the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter.
Notwithstanding this, the Commissioner informs me that there are approximately 224 Gardaí assigned to the Coolock District in the Dublin Metropolitan North Division. The Division is also supported by 63 Garda Reserves and 42 civilians. These resources are augmented, when appropriate, by Gardaí from national units such as the Garda National Drug Unit and the National Bureau of Criminal Investigation.
With regard to the recent Hallow'en period, a policing plan was in place in this District. This plan was designed to address all aspects associated with the policing of the period concerned including the prevention and detection of sale of fireworks and other anti-social behaviour. Local Management is satisfied that sufficient resources were deployed to police the period.
Local policing plans are predicated on the prevention of anti-social and public order offences and the prevention of crime including crimes of violence against persons and property. In order to reduce incidences of public disorder and anti-social behaviour type activities, particularly at this time of year, patrols in general are directed to pay particular attention to those areas where local youths tend to congregate and where the likelihood of both anti-social behaviour and drinking on the streets may occur.
775. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the number of persons who have a criminal record for cannabis possession; and if he will make a statement on the matter. [47593/12]
View answerI wish to advise the Deputy that I have had enquiries made with the relevant authorities concerning the availability of the information requested.
In this regard, I am advised by the Courts Service that data of the detail being sought are not readily available.
The collation of such information would require a disproportionate use of available resources. However, detailed information in respect of total drug offences, including possession offences, and related court outcomes is provided in the annual reports of the Courts Service which are available at www.courts.ie.
Further information on overall drug offence data is also provided by the Central Statistics Office which can be accessed at www.cso.ie.
776. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a re-entry visa will be granted in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [47579/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of applications for re-entry visas in respect of the children concerned. The mother of the children concerned was granted temporary permission to remain in the State on 14 June, 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. This permission to remain was subject to the condition that she accepted that the granting of the permission did not confer any entitlement or legitimate expectation on any other person, whether related to the person granted permission or not, to enter the State. This permission was renewed in 2007 and again in 2010. Her permission to remain in the State is valid until 14 June, 2013.
In April of 2012, the mother of the children concerned made an application seeking permission to remain in the State for her children. I am informed that as it appeared that the children have been residing in the State since 2007 without the appropriate permission to do so, the immigration service wrote to the person concerned on 19 April 2012 requesting documentation and information regarding the circumstances of her children's arrival in the State. Some documentation was supplied in May of 2012, but the issue of the children's entry into the State was not adequately addressed. On foot of the receipt of a letter dated 16 October last from the legal representative of the mother concerned, she has again been requested to reply comprehensively to the queries raised by INIS last April. Upon receipt of the requested documentation and information, the case of the children concerned will be examined with a view to deciding on their future status in the State. Once a decision has been made, the 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.
777. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he intends to bring forward proposals to consider changing procedure of appealing decision of the Employment Appeals Tribunal by the Circuit Court through the High Court; and if he will make a statement on the matter. [47610/12]
View answerDisputes about entitlements under the Maternity Protection Acts, the Parental Leave Acts and the Adoptive Leave Acts are referred in the first instance to a rights commissioner. Decisions of a rights commissioner are subject to appeal to the Employment Appeals Tribunal. There is no further appeal other than to the High Court on a point of law. Decisions of a rights commissioner or a determination of the Employment Appeals Tribunal may be enforced by application to the Circuit Court.
I have no plans to change these arrangements.
Matters relating to review of the complaints and enforcement infrastructure in regard to employment rights legislation generally are a matter for the Minister for Jobs, Enterprise and Innovation.
778. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which support and child protection services are available in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [47626/12]
View answerIf the Deputy could provide more detail in relation to this case, I would be happy to examine the matter further.
779. Deputy John Lyons asked the Minister for Justice and Equality if he has plans to revisit his plans to close a number of the direct provision centres for asylum seekers in view of the fact that the disruption this will have on the lives of those living in them; and if he will make a statement on the matter. [47652/12]
View answerThe Reception & Integration Agency (RIA) is an operational unit of the Irish Naturalisation and Immigration Service (INIS) of my Department and is responsible for the accommodation of asylum seekers while their applications for protection are being processed. On 28 October 2012, RIA was providing accommodation for 4,917 persons in 36 centres located in 17 counties.
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 - indicated that the RIA should strive to keep its occupancy levels at 90% or more of its available capacity. The Report accepted that it is not possible for RIA to achieve 100% occupancy - due to family configuration, sickness requiring isolation, and so on.
Given the current downward trend in the number of 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. In some cases, because of economies of scale, a reduction in capacity is not an option and a centre has to close. This was the case with Lisbrook House in Galway which is in the process of being closed down. Another three centres have already closed down in 2012. All of these closures, coupled with capacity reductions in 11 other centres, will provide a total reduction of 618 beds from the portfolio. These reductions will enable RIA, based on current occupancy levels, to stay within the 10% spare capacity target recommended by the VFM report and will provide commensurate financial savings for the State both this year and in 2013. RIA has no plans for further closures in 2012.
RIA acknowledges that the closure of a centre can be disruptive for the residents concerned, particularly in the case of family centres. The situation in 2013 will require constant monitoring to ensure that no more accommodation than is needed is being paid for. If centres have to be either downsized or closed altogether I am informed by RIA that every attempt will be made to minimise disruption as far as practicable.
780. Deputy Finian McGrath asked the Minister for Justice and Equality further to Parliamentary Question No.478 of 16 October 2012, if he will provide the timeframe for ratification of the UN convention on the rights of persons with disabilities. [47621/12]
View answerAs I explained to the Deputy on 16th October, one of the key requirements with regard to the ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is the enactment of capacity legislation. 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.
In addition, an Inter-Departmental Committee on the UNCRPD 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 the Committee to assess the remaining requirements for ratification so as to ensure conclusively that all such issues will be addressed.
I can assure the Deputy that the UNCRPD will be ratified as quickly as possible once all the necessary legislative and administrative requirements under the Convention have been met.
781. Deputy Alan Farrell asked the Minister for Justice and Equality his views regarding the possibility of reforming the process of court awarded medical expenses from a lump sum to a payment that is issued on a periodic basis to match the medical expenses of the person each year throughout the course of their lifetime to ensure that there is no shortfall in funds; his view on whether legislative changes are required; and if he will make a statement on the matter. [47730/12]
View answerI refer the Deputy to my reply to Questions Nos. 466 and 484 of 23 October 2012 in which I said the following:
"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."
782. Deputy Michael Creed asked the Minister for Justice and Equality the opportunities available for prison officers to retrain or redeploy within the public service particularly occupational injuries make it difficult to resume front line duties; and if he will make a statement on the matter. [47735/12]
View answerI wish to advise the Deputy that there are no mechanisms available for a Prison Officer to directly transfer to the mainstream Civil Service or other Public Service Bodies.
However, in the case of Officers who have suffered occupational injury, the medical advice of the Chief Medical officer is always sought. In the event that the Chief Medical Officer's prognosis confirms that an injury restricts the range of duties which an officer can undertake, the Irish Prison Service make every effort to facilitate the Officer with a position within the Irish Prison Service which allows him/her to attend work. The Irish Prison Service provide specialist training as required for any area an officer works in, and provides refresher training as necessary to all staff. Furthermore, Officers who are returning from long periods of absence due to illness or injury where the Chief Medical Officer's prognosis is for full recovery over time may have a phased return to work implemented, where possible, whereby they are on restricted duties for a set period of time before progressing to a full range of duties in due course.
783. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the action he will take against illegal money lenders (details supplied); and if he will make a statement on the matter. [47721/12]
View answerI wish to advise the Deputy that the regulation of money lending is provided for in the Consumer Credit Act 1995 which is the responsibility of the Minister for Jobs, Enterprise and Innovation.
Persons who engage in money lending and who do not hold the necessary licence granted by the Central Bank are committing an offence under section 98 of the Act, which provides for a prohibition on engaging in the business of money lending without a licence.
With regard to any allegations of such criminal activity, complaints concerning the operation of illegal money lenders may be made to An Garda Síochána which has power to bring prosecutions against unlicensed operators.
A person who is found guilty of an offence under the Act is liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 5 years or both.
I have been assured by the Garda authorities that where offences under section 98 of the Consumer Credit Act 1995 are disclosed, and are reported to An Garda Síochána, the matter will be the subject of investigation under the direction of the local District Officer, with relevant expert assistance available from the Garda Bureau of Fraud Investigation.
As I have stated previously, I would encourage those who may have information concerning the operation of unlicensed money lenders in particular circumstances to make that information available to An Garda Síochána who will take all measures open to them to enforce the law in this area.
