Written Answers Nos. 149-158
149. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will consider providing funding for a new fire service station in Kenmare, County Kerry; and if he will make a statement on the matter. [52044/12]
View answerThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. My Department supports the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters, and providing capital funding for priority infrastructural projects.
The existing fire station in Kenmare was built in 1977 and the fire brigade responds to some 60 call-outs per year. In 2008, approval was conveyed to the Council to proceed to planning stage in respect of a new fire station, I understand that planning permission was granted.
Investment in the fire appliance fleet has been identified as a key national priority for fire services. In that context, I have approved a programme which is currently underway involving fire authorities aggregating demand and jointly procuring 17 fire appliances, one of which has recently been ordered for the fire service in Co. Kerry.
Given the ongoing constraints on public finances, including reductions in the fire services capital programme, funding is not available from the programme at present for the building of a new fire station in Kenmare.
150. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the reason local authorities do not have access to the housing charge database that has the details of persons who have paid the household charge in view of the fact that this would appear to be the reason local authorities are issuing letters to persons in their authority area who have already paid the household charge; and if he will make a statement on the matter. [52045/12]
View answerThe Local Government Management Agency is administering the Household Charge system on a shared service/agency basis for all county and city councils. The Household Charge is on a self-assessment basis and it is a matter for an owner of a residential property on the liability date to determine if he or she has a liability and, if so, to declare that liability and pay the Charge.
There was no existing comprehensive database of residential properties and their owners within the State prior to the Household Charge being introduced. The collection of the Household Charge via self-assessment declaration provides for the collation of such information in relation to residential property and will be an essential component for implementing the Local Property Tax. Local authorities are continuing to identify undeclared properties through appropriate data sharing provisions, and significant efforts have been expended in matching self-declared information with other datasets and in refining the resulting data.
I understand that the addresses and names used in the batch of letters which have been issued by Local Authorities in recent weeks reminding people to pay the Household Charge have been based on a data matching exercise with the Property Registration Authority.
I also understand that every effort has been made to try and ensure letters are sent to current property owners. However there are some instances where letters are being sent to previous owners of properties, due to the fact that the more recent property owners may not have registered their property with the Authority or the transfer of the property has not been completed. Thus in some cases the information contained within these datasets may not reflect the most recent and relevant details. As a consequence, the data matching exercise can give rise to situations in which people may receive a letter where they have already paid the Charge. Due to differences in the formats of addresses between datasets, it has also been the case that some owners who have paid the Charge are receiving reminder letters.
In the absence of a comprehensive database, such instances, while regrettable, are also unavoidable if the Agency and local authorities are to continue their work in maximising compliance with a charge which funds essential local services for communities.
I understand that the letters which issued in recent weeks invite recipients who are not liable, or who have previously paid the household charge, or in the event of inaccuracy or error, to contact the Household Charge Bureau to allow the Agency to update their records accordingly.
151. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the Local Government Management Services Board paid a lump sum of €2,178 to a Dublin law firm (details supplied) in 2008 to provide a guest speaker at a training conference; the location at which this conference took place; the persons that attended the conference; the other speakers that addressed the conference and the fees they were paid; the purpose of the conference; and if he will make a statement on the matter. [52106/12]
View answerThe day-to-day operations of the Local Government Management Agency are a matter for the Board and the executive of the Agency.
152. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if he will provide in tabular form a list of all companies or persons providing an external professional service to the Local Government Management Services Board in 2009 such as legal advice, advertising, project management and including any other external professional service not listed; the amount invoiced by each company; and if he will make a statement on the matter. [52107/12]
View answerThe day-to-day operations of the Local Government Management Agency are a matter for the Board and the executive of the Agency . The information sought in the question is not available in my Department.
153. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on a query regarding the Garda National Immigration Bureau card (details supplied); and if he will make a statement on the matter. [51931/12]
View answer155. Deputy Niall Collins asked the Minister for Justice and Equality the consultation that took place with migrant representatives on the impact of the 100% increase in registration fees for non-EEA nationals to €300; and if he will make a statement on the matter. [51992/12]
View answer156. Deputy Niall Collins asked the Minister for Justice and Equality the consideration being given to hardship cases in the wake of the 100% increase in registration fees for non-EEA nationals to €300; if exemptions are being considered for those families and persons legally living here who cannot afford the fees, such as persons experiencing domestic violence who have sought protection outside the home; and if he will make a statement on the matter. [51993/12]
View answer157. Deputy Niall Collins asked the Minister for Justice and Equality his views on whether it is fair that non EEA nationals were given just five days notice in relation to the 100% increase in registrations fees which is due to to take effect from 19 November 2012; and if he will make a statement on the matter. [51994/12]
View answerI propose to take Questions Nos. 153 and 155 to 157, inclusive, together.
Section 9 of the Immigration Act, 2004 provides that a register of non-nationals who have permission to be in the State (in general for a period of 3 months or longer) shall be established and maintained by registration officers. Registration officers are members of An Garda Síochána: in the Dublin Metropolitan Area it is the officer in charge of the Garda National Immigration Bureau (GNIB) outside of that area it is the Superintendent of An Garda Síochána in a Garda Síochána district.
Section 19 of the Immigration Act, 2004 (as amended) provides that a non-national is required to pay a fee to the registration officer for the issue of a registration certificate. This fee is set by regulations made by the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform. There is no requirement to consult with other bodies when contemplating a revision of these or other fees. Moreover, it is difficult to see what useful purpose would be served by such an exercise as it is unlikely that affected parties or their representatives would signal support for such an increase. The fee was first introduced in 2006 and was then set at €100. It was increased to €150 in 2008 and has remained at that level until the latest increase came into effect on 19 November, 2012.
The introduction of the registration fee in May, 2006 resulted from a policy decision that the fee income was required for the ongoing development of immigration services (both in the Irish Naturalisation and Immigration Service (INIS) and the Garda National Immigration Bureau (GNIB). Our migrant population have made a valuable contribution to the economic, cultural and social life of Ireland and will continue to do so. However, I believe that it is not unreasonable to ask those who benefit from the immigration system to make a reasonable contribution to the cost of services and particularly so in a time when we are seeking to reduce public expenditure. It is common practice throughout Europe to charge a fee for immigration services; in some instances these may be set at a level above the estimated direct administrative cost of the service based on the value of the service. By comparison with many jurisdictions the current registration fee represents very good value.
I am also very conscious of the need to maintain and develop good service levels to customers. In this regard the Irish Naturalisation and Immigration Service (INIS) of my Department is undertaking a number of projects with the aim of developing and improving immigration services. These include the introduction of a new common format EU Residence Permit for non-nationals which will replace the current registration certificate. It will provide the user with a more secure immigration document including individual biometrics indicators protected by a sophisticated encryption system and showing the holders’ immigration status in the State. This high quality secure document will be easily recognisable for employers and Government agencies.
Furthermore, INIS as part of its reform of in-country aspects of immigration services, is developing a range of measures including on line application and appointment systems for certain services. Such a service is badly needed, but it does cost money to implement. The nature of immigration requirements such as registration necessitates, to a very great extent, the personal attendance of the applicant. At certain times of the year this can give rise to long queues and significant delays. A self-selecting on-line system will help to greatly alleviate these difficulties and the increased registration fee income will be used to meet a portion of the cost involved in this and other developments.
Other projects being progressed are proposals for the civilianisation of certain port of entry functions at Dublin Airport. For this purpose, a trial is underway at Dublin airport to test the feasibility of a new model for delivery of immigration services at ports of entry to the State by using a combination of civilian staff and members of An Garda Síochána. I refer the Deputy to my answer to Dáil Question No. 171 of 4th October, 2012 which sets out the latest position in respect of this project.
In recognition of the circumstances of certain categories of person, there are specific exemptions from paying the registration fee set out in the regulations; these are the following:
- UN Convention Refugees;
- Family members of such refugees who have been admitted to the State in accordance with section 18 of the Refugee Act 1996;
- Persons who are under 18 years of age at the time of registration;
- Spouses, civil partners, widows and widowers of Irish citizens;
- Spouses and Dependants of EU nationals who receive a residence permit under EU Directive 38/04;
- Programme Refugees, as defined by section 24 of the Refugee Act, 1996;
- Persons subject to arrangements for victims of human trafficking.
The above categories of non-nationals exempted from the fee payment are almost 20% of the total numbers registering. Last year alone, this amounted to 21, 443 persons and €3.2 million in fees waived.
154. Deputy Michael McCarthy asked the Minister for Justice and Equality when he expects the Law Reform Commission to report back to him on their examinations into the difficulties with Section 10 of the Non-fatal Offences Against the Person Act 1997 in terms of demonstrating the need to demonstrate persistence in instances of harassment; and if he will make a statement on the matter. [51991/12]
View answerI have requested the Law Reform Commission to consider the need to amend Section 10 of Non-Fatal Offences against the Person Act 1997, having been made aware of difficulties in bringing successful prosecutions under that section in relation to domestic and sexual violence. I understand that the Law Reform Commission expects to complete a discussion or consultation paper in the first half of next year in relation to their consideration of the provision.
Questions Nos. 155 to 157, inclusive, answered with Question No. 153.
158. Deputy Robert Troy asked the Minister for Justice and Equality the amount the free legal aid provided to a person (details supplied) cost the tax payer; and if he will make a statement on the matter. [52012/12]
View answerI take it the Deputy is referring to payments in respect of legal representation of the person under the legal aid schemes.
The Deputy will appreciate that eligibility for legal aid in criminal trials, judicial review and proceeds of crime cases is determined by the trial judge. The person referred to by the Deputy has been the subject of a number of court proceedings over the past decade including criminal charges and proceedings to freeze assets brought under the Proceeds of Crime Act 1996. In view of the number of cases and lengthy period of time involved, the information sought by the Deputy could only be compiled by diverting staff resources from other important work specifically to carry out a manual analysis of the relevant records which could not be justified.
