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Wednesday, 16 Jan 2013

Written Answers Nos. 744-781

Garda Communications

Questions (744, 745, 746, 747, 748)

Arthur Spring

Question:

744. Deputy Arthur Spring asked the Minister for Justice and Equality the number of Garda stations across the State that engage with citizens through social media; and if he will make a statement on the matter. [57938/12]

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Arthur Spring

Question:

745. Deputy Arthur Spring asked the Minister for Justice and Equality the number of Garda stations across the State that have set-up social media pages; and if he will make a statement on the matter. [57939/12]

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Arthur Spring

Question:

746. Deputy Arthur Spring asked the Minister for Justice and Equality the number of Garda stations in County Kerry that engage with citizens through social media and have established social media pages. [57940/12]

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Arthur Spring

Question:

747. Deputy Arthur Spring asked the Minister for Justice and Equality the number of crime prevention officers across the State that engage with citizens through social media; and if he will make a statement on the matter. [57941/12]

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Arthur Spring

Question:

748. Deputy Arthur Spring asked the Minister for Justice and Equality the number of crime prevention officers across the State that have set-up social media pages; and if he will make a statement on the matter. [57942/12]

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Written answers

I propose to take Questions Nos. 744 to 748, inclusive, together.

I am informed by the Garda authorities that An Garda Síochána uses the “Facebook”, “Twitter” and “Flickr” social media sites to disseminate information, including crime prevention advice and traffic advice during major events. In addition, the sites are used to promote local Garda initiatives and to circulate information regarding property that has been stolen, lost or recovered. The relevant Garda services are administered by the Garda Press and Public Relations Office.

I am further informed that an initiative is currently being run within the Meath Garda Division where the Crime Prevention Officer is linked to the Facebook social media site. In this way the site provides information on upcoming crime prevention events and seminars taking place in the Division. It also seeks the public's assistance with regard to specific crime incidents and provides appropriate feedback. In addition, I understand that a District Headquarters in the Cavan/Monaghan Division is using Facebook in connection with crime prevention.

With regard to the Kerry Garda Division, I understand that Facebook is utilised by the Community Policing Unit in Tralee in association with Lee Strand in respect of the Kerry Garda Youth Achievement Awards. This is a Community Policing initiative which is an annual event that recognises the contribution of teenagers within the local community.

The Garda authorities have also indicated that they are aware of the potential of social media in terms of enabling the Force to engage with the public. In that context they are currently examining how its use by An Garda Síochána should be developed further.

Deportation Orders Data

Questions (749)

Bernard Durkan

Question:

749. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 191 of November 2012 wherein it is suggested that it would be logistically inconsistent to review the case of a person (details supplied) who it is alleged failed a fair and comprehensive asylum process when it is clear that such a process should have detected a serious threat to the well-being and life in the event of their return to their homeland; if he will re-examine these issues in the interest of due process and natural justice; and if he will make a statement on the matter. [57986/12]

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Written answers

As mentioned in replies to previous Parliamentary Questions asked by the Deputy, the above named person has been evading his deportation since 3 November 2009 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay.

I am satisfied that the application made by the person concerned for asylum and for temporary leave to remain in the State was fairly and comprehensively examined and, therefore, the decision to make a Deportation Order against him is justified.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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.

Liquor Licensing Laws

Questions (750)

Bernard Durkan

Question:

750. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans to introduce the Sale of Alcohol Bill with particular reference to the introduction of an award system for licensees who adhere to good practice and who are fully compliant with regulations and legislation in the area; and if he will make a statement on the matter. [57990/12]

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Written answers

The position is that the recently-published Government Legislation Programme provides for publication of the Sale of Alcohol Bill in late 2013. The Bill will modernise the laws relating to the sale, supply and consumption of alcohol products by repealing the Licensing Acts 1833 to 2011, as well as the Registration of Clubs Acts 1904 to 2008, and replacing them with streamlined and updated provisions.

Holders of licences for the sale of alcohol products are required to comply with the provisions of the Licensing Acts and failure to do so may result in prosecution and, if convicted, the imposition of sanctions, including temporary closure orders and fines. In the forthcoming Sale of Alcohol Bill, I intend to retain the existing provision whereby the licences of licensees who remain of good character and operate their premises in a peaceable and orderly manner are renewed automatically by the Revenue Commissioners on payment of the prescribed fee. On the other hand, licensees who have been convicted of licensing offences may face the prospect of objections to licence renewal in the District Court. In such cases, the Revenue Commissioners may not renew the licence concerned unless the licensee obtains a new District Court certificate.

Garda Training

Questions (751)

Robert Troy

Question:

751. Deputy Robert Troy asked the Minister for Justice and Equality if he will provide training and regulation for the Gardaí to act against cyber bullying; and if he will make a statement on the matter. [58017/12]

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Written answers

I have been informed by the Garda Commissioner that any complaint of alleged cyber-bullying is fully investigated by An Garda Síochána, utilising all relevant legislation including, in particular, Section 10 of the Non-fatal Offences Against the Person Act 1997.

Local management are responsible for ensuring that all Garda personnel in their respective areas of responsibility are informed of all new and existing legislative provisions in order that any disclosures of suspected criminal activity, including allegations of cyber-bullying, are thoroughly investigated.

In addition to this, the Office for Internet Safety of my Department works closely with Gardaí in relation to the Garda Schools Programme and provides Gardaí with copies of its booklets on internet safety for use in this Programme. These booklets are 'A parent's guide to new media technologies', 'A parent's guide to filtering technologies', 'A parent's guide to social-networking websites' and 'A guide to cyberbullying'.

The OIS also provides the Gardaí with copies of promotional materials developed each year by the OIS for the Safer Internet Day. The 2013 Safer Internet Day will be on 5 February 2013 with a theme of 'Connect with Respect' and under this theme the materials developed this year focus on recognising and dealing with cyberbullying.

The Internet Safety Advisory Committee, which includes representation form the Garda Síochána, advises the OIS on internet safety particularly as it relates to children.

Immigration Policy

Questions (752)

Robert Dowds

Question:

752. Deputy Robert Dowds asked the Minister for Justice and Equality his reasons for increasing the registration fee for most categories of legal immigrants from outside the EEA by 100% from November; and if he intends to continue the fee at its current level. [58032/12]

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Written answers

A fee for the issue of a registration certificate under the Immigration Act, 2004 was first introduced in May, 2006 for the purpose of raising fee income as a contribution to the cost of 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.

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 online 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 online 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 undertaken.

The fee was first introduced in 2006 and was then set at €100. It was increased to €150 in 2008 and remained at that level until the latest increase came into effect on 19 November, 2012. While I have no immediate plans for further changes to the fee for the issue of a registration certificate, it is the practice to keep all fees under review.

I should point out that 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 24.4% of the total numbers registering. In 2012, this amounted to 22,781 persons and €3.78 million in fees waived.

Visa Applications

Questions (753)

Robert Dowds

Question:

753. Deputy Robert Dowds asked the Minister for Justice and Equality his views on the €60 charge for a single use re-entry visa for non-EEA nationals leaving and returning to Ireland; and his plans to review same. [58033/12]

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Written answers

The €60 fee for a re-entry visa is an administrative fee set to cover the cost of the processing of the visa. The fee, along with ordinary visa fees, is classed as a diplomatic and consular fee and is, therefore, set by my colleague the Minister for Foreign Affairs and Trade under S.I. No. 82/2004 - Diplomatic and Consular Fees (Amendment) Regulations 2004. No increase in fees has been applied since 2004.

The Irish visa system is intended to be self-financing and the revenue generated through the re-entry visa system is significant in ensuring this is the case. This is particularly important given the current economic climate. I consider this a reasonable fee in the circumstances and it has been found to compare favourably with the equivalent fee applied internationally.

Some exemptions exist for re-entry visa fees including:

- Visa fee exemptions for certain family members of EU nationals, under the provisions of the EU Free Movement Directive.

- Exemptions to certain family members of Irish citizens. It is estimated that over 1 in 8 re-entry visa applications during 2012 were fee-exempt.

It is important to note that in fact most people apply for and are issued multi-entry re-entry visas (the fee in this case being €100), allowing them, usually for the duration of their registration, to travel out of and back to Ireland freely.

I also wish to point out to the Deputy that the annual re-entry visa application total has fallen from over 64,000 in 2010 to 53,500 in 2011. Preliminary numbers for 2012 indicate approximately 44,000 re-entry visas were issued. This fall most probably reflects the significant increase in the number of citizenship applications granted since I entered office, which has in turn reduced the number of visa-required non-EEA nationals requiring re-entry visas.

I would also like to advise the Deputy that, in the absence of exit controls, re-entry visas have a role to play in the area of immigration control and security, providing greater visibility on movements out of and back into the country, notably the movements of children under 16; certain abuses in this area have come to light as a result of the issuing of re-entry visas.

Debt Collectors Regulation

Questions (754)

Patrick Nulty

Question:

754. Deputy Patrick Nulty asked the Minister for Justice and Equality the position regarding the regulation of debt collectors and agencies; if he will take steps to more strictly regulate same in order to protect vulnerable debtors; and if he will make a statement on the matter. [58087/12]

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Written answers

Responsibility for the licensing of the financial activity of debt collectors does not come within the area of responsibility of my Department. However, I should mention that the Non-Fatal Offences against the Person Act 1997 provides some protection to consumers against inappropriate methods of collecting repayments. Under section 11 of that Act, it is an offence to demand payment of a debt in a way designed to alarm, distress or humiliate. Any person who is threatened or intimidated by debt collectors should report the incident to the Gardaí who will take appropriate action.

Question No. 755 answered with Question No. 743.

Garda Investigations

Questions (756)

Luke 'Ming' Flanagan

Question:

756. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality if any investigation is ongoing into the matter of alleged fraudulent milk metering at a co-op (details supplied) between the years of 1986 and 2000; and if he will make a statement on the matter. [58115/12]

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Written answers

I am informed by the Garda authorities that there are no ongoing Garda investigations into the matter referred to by the Deputy.

Personal Insolvency Act

Questions (757)

Gerald Nash

Question:

757. Deputy Gerald Nash asked the Minister for Justice and Equality if he will consider lack of engagement from the banks in relation to the provisions of the Personal Insolvency Act 2012 to be in breach of the law; if he will provide details on the sanctions he will use against banks who fail to comply with the law; and if he will make a statement on the matter. [58126/12]

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Written answers

The Personal Insolvency Act 2012, was passed by both Houses of the Oireachtas on 19 December, 2012 and signed into law by the President on 26 December, 2012. The Act will be commenced in due course as the necessary preparations for administration of its provisions are finalised.

The Act provides for the introduction of three new debt resolution processes, which though requiring approval by the court, are essentially non-judicial in nature:

- The Debt Relief Notice (DRN) will allow for the write-off of qualifying unsecured debt up to €20,000, subject to a three year supervision period.

- The Debt Settlement Arrangement (DSA) provides for the agreed settlement of unsecured debt, with no limit involved, normally over five years.

- The Personal Insolvency Arrangement (PIA) will enable the agreed settlement of secured debt up to €3 million, although this cap may be increased with the consent of all secured creditors, and unsecured debt without limit, normally over six years.

The Act also continues the reform of the Bankruptcy Act 1988, begun in the Civil Law (Miscellaneous Provisions) Act 2011 and will include, critically, the introduction of automatic discharge from bankruptcy, subject to certain conditions, after 3 years in place of the current 12 years.

The Deputy will appreciate that we have to see how the new legislation works, for some months at least. It is not for me to speculate as to the future conduct of any of the participants in an insolvency process. However, I am of the view that new personal insolvency laws, including the bankruptcy law reform, should provide a significant incentive for financial institutions to develop and implement realistic agreements to manage or settle debt with their customers. Such agreements should in time become the norm as the most sensible and cost-effective arrangements, particularly where the issue is one of dealing with repayment difficulties for a single major debt, secured or otherwise. These agreements could include measures to address mortgage arrears.

However, let there be no doubt that financial institutions must constructively engage under this legislation in the public interest, the interest of those in financial difficulties and the interest of their own institutions and credibility. If I find within a short period during the operation of this legislation that all or some of the financial institutions are intent on not engaging constructively with the personal insolvency arrangement provisions for whatever reason, I will not be slow to bring proposals to Government to amend the legislation.

The Government has engaged with the financial institutions in the lead-in to the enactment of this legislation. They understand exactly where the Government is coming from, what our concerns are and what they should do in the context of operating the legislation constructively and sensibly, engaging with personal insolvency practitioners and the circumstances of their customers and ensuring appropriate and sensible arrangements are made.

Question No. 758 answered with Question No. 743.
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