Written Answers Nos. 610-634
610. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which various local authorities have received adequate provision to meet the disabled persons' housing adaptation grant requirements in the current year; the numbers awaiting approval throughout the various local authorities; and if he will make a statement on the matter. [5967/13]
View answerMy Department remains committed to providing financial assistance to older people and people with a disability who wish to carry out essential repairs, extensions/adaptations to their homes in order to meet their accommodation needs. Work is currently underway on preparing the capital allocations under the housing programme for 2013, including the suite of Grants for Older People and People with a Disability. As part of this process, my Department requested local authorities earlier this month to submit details of their capital requirements under the grant schemes. This information is being assessed at present. I intend to announce details of the capital allocations to individual authorities as soon as possible.
The grant schemes are administered by the local authorities and it is a matter for each local authority to determine the grant eligibility and priority of individual applications, the scope of the works to be funded under the relevant scheme and how the funding is apportioned between the various schemes. Local authorities have reported that some 3,258 grant applications have been approved for funding in 2013 and that a further 8,800 applications are at various stages of processing.
611. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which any evaluation has been done of the domestic and industrial water requirements on a regional basis throughout the country; the extent of the provision being made to meet such requirements over a specific period in the future; and if he will make a statement on the matter. [5968/13]
View answer612. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if he will indicate, on a county basis, the capital expenditure required in respect of domestic and industrial water needs over the next five years; and if he will make a statement on the matter. [5969/13]
View answerI propose to take Questions Nos. 611 and 612 together.
The overall strategy of investment in water services is to ensure that the timing and scale of investment facilitates economic and other development, achieves compliance with statutory requirements and promotes environmental sustainability objectives. The main vehicle for achieving these objectives for public domestic water supplies is the multi-annual Water Services Investment Programme 2010-2013.
The Programme provides for the commencement of contracts with a value of over €800m in relation to water supply infrastructure. This includes contracts to address deficiencies in the quality of supply, to improve the overall capacity of the system and an accelerated programme of mains rehabilitation. The Programme also provides for the advancement of a further range of schemes through planning, for progression to construction in future investment cycles.
The Programme is based on an assessment of needs for water and sewerage services, undertaken by each water services authority, which were subsequently appraised by my Department. In preparing their assessments, water services authorities were required to take into consideration key environmental and economic criteria in prioritising contracts and schemes to be progressed in their areas. The development of the Programme was strongly influenced by reports by the Environmental Protection Agency on drinking water quality, and an assessment by Forfás of the requirements of enterprise in Gateways and Hubs, as well as River Basin Management Plans. In addition, a detailed project appraisal is undertaken during the planning phase of each scheme, which determines issues such as the appropriate source of water, projected future demand and the most cost effective solution to meeting needs. There is, therefore, a strong evidence base, from technical assessments, environmental monitoring and policy studies to underpin the strategic direction of water services capital investment.
The series of reforms being advanced in the water sector by the Government is designed to support additional investment in the sector. An implementation strategy is now in place to deliver on these reforms. This strategy is available on the Department’s website. As part of this strategy, a specific work-stream is considering the matters arising in the proposed transfer of the responsibility for capital programme delivery from the 34 local authorities to Irish Water. This includes the development of the capital investment programme for 2014 to 2015 and the development of a capital transition plan to manage the orderly transition from current arrangements to the new arrangements to be put in place by Irish Water.
613. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the total cost of remedial works in respect of illegal or unregulated landfill sites in each of the past five years to date; the likely cost in the future; and if he will make a statement on the matter. [5970/13]
View answerThe location of illegal waste activities comprehended by the European Court of Justice judgment in Case C 494/01 involve sites at Ardristan in County Carlow, Whitestown and Castleruddery in County Wicklow, and the illegal infill of wetlands in County Waterford. My Department, on behalf of the State, has been liaising with the European Commission to ensure that the requirements of the judgment are fully met. The Commission is concerned, as I am, to secure the urgent remediation of these sites.
Ministerial policy directions which issued in May 2005 and July 2008 provide guidance on the appropriate course of action to be followed where illegal deposition of waste is discovered. The policy direction issued in 2005 sets the standard in terms of the expected response from the regulatory authorities, who are obliged to ensure that the necessary remedial measures are taken to ensure that sites are restored and that waste illegally deposited is appropriately disposed of or recovered. The 2008 direction deals with the use of sanctions to ensure effective actions against those involved in unauthorised waste activities.
In practice, the bulk of the projects aiming to remediate the sites in question did not get underway until 2010. Consequently, most of the claims to my Department for reimbursement of the costs to the relevant local authority were made from 2011 onwards. The following table shows costs of remediation works totalling some €5,556,322, as of the end of 2012.
|
Costs of Remediation Work |
||
|
2008-2011 |
2012 |
TOTAL |
|
€2,983,000 |
€2,573,322 |
€5,556,322 |
Remedial works at these illegal and unregulated sites are continuing as part of a process that will take a number of years to complete. The ultimate final cost will be dependent on a range of factors, such as the actual quantities of waste involved, the technical approach taken to remediation and the outcome of tendering processes. The vast majority of the costs involved are ultimately borne by the State, although the local authorities, where possible, seek cost recovery through the Courts. The following table shows the future estimated costs arising in relation to the sites in question, on the basis of the best information to hand.
|
Future Estimated Costs |
|||
|
2013 |
2014 |
2015 |
TOTAL |
|
€5,000,000 |
€3,500,000 |
€3,000,000 |
€11,500,000 |
615. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he has engaged with or received submissions from the various local authorities, management and elective, to identify capital or current budgetary requirements on an ongoing basis; and if he will make a statement on the matter. [5972/13]
View answerIt is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which include adopting the annual budget and authorising borrowing, and are democratically accountable for all expenditure by the local authority.
Local authorities are subject to a number of financial reporting requirements. Some of these requirements are statutory while others form part of my Department’s own general governance processes, the financial oversight functions of the Departments of Finance and Public Expenditure and Reform and also specific requirements relating to the EU/IMF Programme of Financial Support for Ireland. In addition, Government Departments that provide funding to local authorities on a programme or project basis have their own reporting and accountability arrangements and procedures.
Engagement with the local government sector on financial matters is well established and is ongoing across a number of channels, in particular through the County and City Managers’ Association and its finance subcommittee. In addition, my Department reviews in detail the financial position of local authorities and engages with individual authorities as required. The reports of the Local Government Audit Service and local authority financial returns inform financial review meetings between senior officials of the authorities and my Department. Matters discussed include the authority’s income and expenditure, borrowing requirements, collection percentages (i.e. commercial rates, development contributions, commercial water charges etc. ) in addition to any other issues impacting on the local authority’s finances.
616. Deputy John Deasy asked the Minister for the Environment, Community and Local Government if he will provide details of those properties, excluding housing estate dwellings, that were listed on the 2012 derelict buildings register in each of the following local authority areas (details supplied). [5978/13]
View answerThe detailed information sought regarding individual properties listed on the Derelict Sites Registers of specific local authorities is not available in my Department. Under the Derelict Sites Act 1990, local authorities are required to maintain a derelict sites register, which includes the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry, of any land which, in the opinion of the local authority, is a derelict site. The register is kept at the offices of the local authority and is available for inspection at those offices during office hours.
617. Deputy John Deasy asked the Minister for the Environment, Community and Local Government if he will provide details of County Waterford-based projects that have received moneys from the dormant accounts fund, through which Pobal, under the auspices of his Department, has dispensed more than €148 million to date. [5980/13]
View answerAllocations from the Dormant Accounts are focussed on programmes or projects to assist: the personal and social development of persons who are economically or socially disadvantaged; the educational development of persons who are educationally disadvantaged; or persons with a disability.
Details of Dormant Accounts funded projects in County Waterford are summarised in the following table.
Appendix 1
Projects funded under the Dormant Accounts Fund (DAF)
|
Name of Group |
Group County |
Project County |
Project Summary |
DAF / Amount Approved |
|
Waterford Local Economic Development Company Limited |
Co. Waterford |
Co. Waterford |
To provide a multi-purpose sports facility within Ballybeg to promote healthy lifestyles in the community. |
€816,000.00 |
|
Scouting Ireland |
Dublin 16 |
Co. Waterford |
St Paul's Scout Unit: To upgrade and repair the building for easier, safer accessibility. |
€95,000.00 |
|
Waterford City Council |
Co. Waterford |
Co. Waterford |
To improve and enhance open spaces in the area and enhance the layout of residence areas to combat anti-social behaviour. |
€200,000.00 |
|
Waterford Regional Youth Service |
Co. Waterford |
Co. Waterford |
Building of a multiplex centre - a purpose-built facility to work with disadvantaged youth in the area. |
€400,000.00 |
|
The Nagle Centre |
Co. Waterford |
Co. Waterford |
For the provision of IT training for parents, primary and secondary school levels. |
€89,578.00 |
|
The Intercom Initiative |
Co. Waterford |
Co. Waterford |
To secure and rebuild e-inclusion training, to expand and develop outreach and after-school programmes. |
€68,025.00 |
|
St Saviour's National School |
Co. Waterford |
Co. Waterford |
To furnish a room in the school for various uses. |
€35,636.00 |
|
Blackwater Community School |
Co. Waterford |
Co. Waterford |
Lismore GAA: To provide an enclosed floodlit all weather pitch. |
€123,684.00 |
|
Waterford Befriending Project |
Co. Waterford |
Co. Waterford |
For the provision of training for Befrienders. |
€60,000.00 |
|
People with Disabilities in Ireland Limited |
Dublin 1 |
Co. Waterford |
Waterford Disability Network: Information office for people with disabilities. |
€32,000.00 |
|
Waterford Regional Youth Service |
Co. Waterford |
Co. Waterford |
Waterford Pathways: To fund an already existing programme dealing with early school leavers. |
€30,500.00 |
|
Name of Group |
Group County |
Project County |
Project Summary |
DAF / Amount Approved |
|
Ballyduff National School |
Co. Waterford |
Co. Waterford |
To install a secure play/games area for special classe for children with Autistic Spectrum Disorders. |
€21,000.00 |
|
Waterford Early School Leaving Integrated Network |
Co. Waterford |
Co. Waterford |
To carry out direct interventions aimed at reducing the incidence of early school leaving. |
€90,579.00 |
|
Foroige |
Dublin 12 |
Co. Waterford |
Tramore Youth Development Project: To increase targeted young people's participation in school through individual, group and family support. |
€161,625.00 |
|
Carriglea Cairde Services |
Co. Waterford |
Co. Waterford |
Sisters of Bon Sauveur Services: To allocate further internal space to toilets, increase the number of toilets, change the layout of this area and add a shower and a disabled toilet. |
€87,000.00 |
|
Bunscoil Bhothar na Naomh |
Co. Waterford |
Co. Waterford |
To provide a range of additional educational activities aimed at boosting the self-esteem, academic progress and social development of pupils identified as being "at risk". |
€53,000.00 |
|
The Men's Development Network |
Co. Waterford |
Co. Waterford |
To recruit a National Coordinator. |
€120,000.00 |
|
Waterford Regional Youth Service |
Co. Waterford |
Co. Waterford |
Youth Work. |
€68,000.00 |
|
Waterford City Council |
Co. Waterford |
Co. Waterford |
St Pauls Boxing Club: Facility Upgrade. |
€135,000.00 |
|
Waterford City Council |
Co. Waterford |
Co. Waterford |
St Pauls Combined Projects Initiative: For funding for the completion stage of refurbishment of community buildings as well funding for the fit out of the community buildings. |
€150,000.00 |
|
Waterford Regional Youth Service |
Co. Waterford |
Co. Waterford |
Waterford Pathways: Educational Development (Youth). |
€15,000.00 |
|
Name of Group |
Group County |
Project County |
Project Summary |
DAF / Amount Approved |
|
Waterford Area Partnership Limited |
Co. Waterford |
Co. Waterford |
To implement a pre-employment strategy via the delivery of a mentoring and progression service for members of the target group. |
€127,666.00 |
|
The Alzheimer Society of Ireland Home Support Limited |
Co. Dublin |
Co. Waterford |
Alzheimer Society of Ireland (West Waterford Home Care). |
€19,840.00 |
|
Respond! |
Co. Waterford |
Co. Cork |
Respond Day Care Centre: To maintain independent living, alleviate lonliness, help full-time carers, build a sense of community, and increase health awareness in the 65 age group. |
€23,400.00 |
|
Tramore Community Development Limited |
Co. Waterford |
Co. Waterford |
Tramore Community Care: To add a second story to the building. |
€50,000.00 |
|
Friends of Assisi House |
Co. Waterford |
Co. Waterford |
For structural refurbishment (flooring, emergency switches, hard surface area outside emergency exit) and the purchase of home entertainment equipment which will enable residents to enjoy films etc as they cannot access cinemas. |
€26,350.00 |
|
Foroige |
Dublin 12 |
Co. Waterford |
Tramore Youth and Family Project: To recruit a part-time Youth Worker for The Youth Booth Café. |
€48,000.00 |
|
Waterford Regional Youth Service |
Co. Waterford |
Co. Waterford |
To increase the involvement of disadvantaged young people in using new technology (including computers and the Internet) and make Information Technology attractive to and responsive to the needs of these young people. |
€45,028.00 |
|
I.W.A. Limited |
Dublin 3 |
Co. Waterford |
For the purchase of a replacement adapted bus for people with disabilities. |
€40,000.00 |
|
Name of Group |
Group County |
Project County |
Project Summary |
DAF / Amount Approved |
|
Brothers of Charity Services South East |
Co. Waterford |
Co. Waterford |
To build an extension to the sitting room area, with a conservatory/sun lounge for recreational purposes and physiotherapy. |
€39,950.00 |
|
Carriglea Cairde Services |
Co. Waterford |
Co. Waterford |
To close an outdated 3-storey residential building on campus and relocate 6 residents to a bungalow-type house within the community. |
€520,000.00 |
|
Waterford Centre for Independent Living Limited |
Co. Waterford |
Co. Waterford |
For an accessible transport service for people with disabilities. |
€44,190.00 |
|
Carriglea Cairde Services |
Co. Waterford |
Co. Waterford |
For 2 nurses (who are existing employees) to undertake the Positive Behaviour Support. |
€16,290.00 |
|
Waterford Sports Partnership Limited |
Co. Waterford |
Co. Waterford |
For the employment of a Sports Inclusion Development Officer. |
€130,000.00 |
|
Waterford Leader Partnership Limited |
Co. Waterford |
Co. Waterford |
For: (1) Personal development programmes for Older Teenagers, (2) School Holiday Programmes, (3) Volunteer Youth Leader Training and (4) Equipment Pool. |
€29,717.00 |
|
Waterford Area Partnership Limited |
Co. Waterford |
Co. Waterford |
For the provision of receational, sporting and outdoor pursuits activities and opportunities to individuals and organisations who are economically, educationally and socially disadvantaged and isolated. |
€30,000.00 |
|
Waterford Sports Partnership Limited |
Co. Waterford |
Co. Waterford |
For 35 projects including: canoeing, boxing, kayaking, powerboating, surfing, hurling, soccer, tennis, basketball, adventure sports, golf, swimming, circuit class’s, rugby, pitch and putt, aerobics, camogie and badminton. |
€53,000.00 |
|
Waterford Befriending Project |
Co. Waterford |
Co. Waterford |
To assist people with a significant mental health disability. |
€17,450.00 |
|
Name of Group |
Group County |
Project County |
Project Summary |
DAF / Amount Approved |
|
Bunscoil Bhother na Naomh |
Co. Waterford |
Co. Waterford |
Continue project. |
€18,500.00 |
|
The Men's Development Network |
Co. Waterford |
Co. Waterford |
Continue work including: (1) Follow-up work from Athlone Day, (2) Follow-up work from Navan Training/Support and (3) Follow-up work from Wexford Regional Day. |
€34,500.00 |
|
The Men's Development Network |
Co. Waterford |
Co. Waterford |
Employ a Men's Development worker. |
€10,000.00 |
|
The Men's Development Network |
Co. Waterford |
Co. Waterford |
For a Mens Development Worker. |
€10,000.00 |
|
Waterford Sports Partnership Limited |
Co. Waterford |
Co. Waterford |
Employ a Sports Club Development Officer, Training and Support Costs. |
€30,000.00 |
|
St Brigid's Family and Community Centre |
Co. Waterford |
Co. Waterford |
Enhancements to St Brigid's Family Resource Centre. |
€170,000.00 |
|
Ballyduff Muintir Na Tire Community Services Limited |
Co. Waterford |
Co. Waterford |
Develop the library building into a social centre. |
€14,420.00 |
|
Waterford Area Partnership Limited |
Co. Waterford |
Co. Waterford |
Suicide Prevention Task Group - Waterford City. |
€50,000.00 |
|
Respond! |
Co. Waterford |
Co. Galway |
Lus Leana public walkway project. |
€20,000.00 |
|
Waterford and South Tipperary Community Youth Service Limited |
Co. Waterford |
Co. Waterford |
Upgrade/Refurbish part of Elm Park Community Centre. |
€56,134.00 |
|
Respond! |
Co. Waterford |
Co. Wexford |
Setanta Afterschool Project :To repair,plaster and repaint the convent area where after-school activities take place. |
€4,995.00 |
|
Ballybeg Community Development Project Limited |
Co. Waterford |
Co. Waterford |
To purchase health and education-related equipment to support the Community Education Project. |
€13,658.00 |
|
Ballybeg Community Development Project Limited |
Co. Waterford |
Co. Waterford |
To fund the small scale refurbishment of the Parish Centre. |
€16,342.00 |
|
Name of Group |
Group County |
Project County |
Project Summary |
DAF / Amount Approved |
|
Waterford Institute of Technology |
Co. Waterford |
Co. Waterford |
To develop a model for service learning/civic engagement in collaboration with community groups in the RAPID area. |
€25,000.00 |
|
Waterford Institute of Technology |
Co. Waterford |
Co. Waterford |
To develop sustainable master plans to complete works in open public spaces in partnership with Waterford city council and relevant communities. |
€35,000.00 |
|
St Paul's Boys National School |
Co. Waterford |
Co. Waterford |
Equipment and marking out of recreational area at St Paul's Boys National School. |
€10,000.00 |
|
St Brigid's Family and Community Centre |
Co. Waterford |
Co. Waterford |
To run an intergenerational community arts project called "The Story Tree". |
€10,000.00 |
|
Waterford City Childcare Committee |
Co. Waterford |
Co. Waterford |
To run a three part project to add to existing family support services in the area. |
€20,000.00 |
|
St Brigid's Family and Community Centre |
Co. Waterford |
Co. Waterford |
To develop a community allotment scheme for residents in RAPID areas. |
€50,000.00 |
|
Waterford and South Tipperary Community Youth Service Limited |
Co. Waterford |
Co. Waterford |
Family Supports - Substance Misuse Project. |
€3,000.00 |
|
Waterford and South Tipperary Community Youth Service Limited |
Co. Waterford |
Co. Waterford |
Family Supports - Substance Misuse Project. |
€41,748.00 |
|
Foroige |
Dublin 12 |
Co. Waterford |
For the Tramore Youth and Family Project. |
€5,000.00 |
|
Foroige |
Dublin 12 |
Co. Waterford |
For the Ferrybank Outreach Project: The Youth Café service has been in operation for the last two and half years. It is run by the Ferrybank Outreach Project in conjunction with the Foróige Ferrybank Youth Development Project. |
€5,500.00 |
|
Health Service Executive |
Co. Kildare |
Co. Waterford |
For renovations to the Squashy Couch Adolescent Health and Information Service: Youth Café. |
€4,500.00 |
|
Name of Group |
Group County |
Project County |
Project Summary |
DAF / Amount Approved |
|
Dungarvan Town Council |
Co. Waterford |
Co. Waterford |
For the refurbishment and equipping of community house, estate enhancement works, installation of CCTV and road ramps |
€59,000.00 |
|
Dungarvan Town Council |
Co. Waterford |
Co. Waterford |
Sean Dún Community Facilities and Estate Enhancement Project. For the development of play area and boundary of Community House, improve road signage in the estate and refurbishment and furnishing of communtiy house. |
€29,000.00 |
618. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will confirm if there is a scheme or housing project on the northside of Dublin for persons who owe a lot of money to banks regarding a property and are living on €188 per week (details supplied); and if he will make a statement on the matter. [6062/13]
View answerOn foot of the recommendations of the Keane Report on mortgage arrears, the Government launched a mortgage to rent scheme on a pilot basis in February 2012. This scheme was extended nationally in June 2012, targeting low income families whose mortgage situation is unsustainable and where there is little or no prospect of a significant change in circumstances in the foreseeable future. The scheme ensures that the family remains in their home, while ownership is transferred to an approved housing body who in turn rent it to the original owners.
Householders seeking to avail of the mortgage to rent scheme must:
- have be en involved in the Mortgage Arrears Resolution Process (MARP) with their lender and agree that they can no longer afford to pay their mortgage loan now or in the future;
- own the property they live in, with a current market value of less than €220,000 in the Dublin area or less than €180,000 in the rest of the country;
- have their property in good condition, in a suitable location and which must suit their current needs;
- not own any other property or have assets in excess of €20,000;
- have household income not exceeding €25,000, €30,000 or €35,000 a year, depending on what part of the country they live in (household income in this context is net of taxes and social insurance (PRSI));
- the borrower must have a long-term right to remain in Ireland.
Further information is available from individual lenders and the Housing Agency (www.housing.ie).
620. Deputy Joe Higgins asked the Minister for Justice and Equality the number of foreign nationals that have entered Ireland on transit visas since 2010 in order to board vessels leaving the State and their countries of origin; and if he will make a statement on the matter. [5249/13]
View answerIrish transit visas are issued by the Minister for Justice and Equality pursuant to Section 17 of the Immigration Act, 2004 to citizens of a state or territorial entity specified in Schedule 3 of Statutory Instrument No. 417 of 2012 for the purpose of passing through a port in the State in order to travel to another state. In the period 2010 to the end of 2012, 161 transit visas were issued for the purpose of joining a ship at a port in the State.
All persons arriving at an approved port of entry to the State, in possession of a transit visa, are required to present to an immigration officer for the purpose of making an application to land in the State, pursuant to the provisions of the Immigration Act, 2004. However, the Garda Síochána does not maintain a record of how many such persons were in possession of a transit visa so it is not possible to say how many of the visas listed above were actually used to join a ship at a port in the State.
The Deputy should note that Ireland is currently a party to the 1958 International Labour Organisation (ILO) Seafarer's Identity Documents Convention No. 108. Seafarers' identity documents issued by signatory countries to this convention are recognised by the Irish Immigration Authorities, insofar as such documents meet the required standards as prescribed under the Convention, in lieu of a visa. Therefore, seafarers from countries who are signatories to this Convention (or who were previously signatories of the 1958 Convention but who have denounced it in favour of the revised Convention No. C185 of 2003) are not visa required.
621. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will outline the safeguards that exist within the Office of the Data Protection Commissioner to prevent conflicts of interest when employees of the Office move to related positions in the private sector. [5065/13]
View answerThe staff of the Office of the Data Protection Commissioner are civil servants. The provisions of the Civil Service Code of Standards and Behaviour apply to staff of that Office.
I presume the Deputy is referring to the fact that the Deputy Data Protection Commissioner will shortly leave the employ of the Office. I am advised by the Data Protection Commissioner that he is satisfied that no conflict of interest arises in this case and that he took specific measures, when the intentions of the Deputy Commissioner became known, to ensure that this was the case in practice.
622. Deputy Peadar Tóibín asked the Minister for Justice and Equality the number of new recruits to the Irish Prison Service over the past 12 months; the number anticipated to be recruited in the next six months; and the number of applicants currently at each stage of the recruitment process. [5115/13]
View answerI can inform the Deputy that the Irish Prison Service has not recruited any new Recruit Prison Officers in the past 12 months. It has however recruited fifty-eight Prison Administration and Support Officers (PASO) from within existing Civil Service resources as part of its commitment to the Public Service Agreement 2010 - 2014. The purpose of this exercise is to reduce costs by replacing trained prison grade staff who were performing administrative duties with a new dedicated administrative grade at a reduced salary. The Irish Prison Service has also recruited one Psychologist grade 2 in the past 12 months.
As the Deputy will be aware the overall staffing level in the Public Service is determined within the context of the moratorium on staffing levels with particular regard to the Employment Control Frameworks currently in place. Meeting our challenging numbers target will require continued implementation of the moratorium on recruitment save in exceptional cases where filling of essential posts is required, the filling of which is subject to prior approval by my colleague, the Minister for Public Expenditure and Reform. There are no immediate plans to recruit additional Recruit Prison Officers. The Director General of the Irish Prison Service anticipates recruitment of up to 7 Nurse Officers and 4 Doctors within the next 6 months. In addition, the Service is currently interviewing for additional PASO grades, again from within existing Civil Service resources. It is anticipated that up to 40 of these PASO grades will be recruited within the next 6 months.
I can also inform the Deputy that there are currently 503 candidates remaining on a panel who have passed phase 1 (aptitude test) of the existing Recruit Prison Officer recruitment process but who have yet to be called to stage 2. This competition was run in 2008. A further 77 candidates have passed phase 2 (interview) of the process and have been placed on a panel in anticipation of further recruitment, subject to pre-employment checks.
623. Deputy Regina Doherty asked the Minister for Justice and Equality if consideration is being given to the establishment of a national DNA crime database; and if he will make a statement on the matter. [5122/13]
View answerThe Government is committed to the establishment of a DNA database to assist the Garda Síochána in the investigation of crime. The Criminal Justice (Forensic Evidence and DNA Database System) Bill, which will provide for the establishment and operation of the database, is included in the 'A list' of the Government Legislation Programme with a view to its publication this term and its enactment later this year.
624. Deputy Sean Fleming asked the Minister for Justice and Equality if he will provide a breakdown of the €9 million of capital funding spent by his Department during December; the reason 17% of his Department's overall capital spend was held until December; and if he will make a statement on the matter. [5140/13]
View answerA Breakdown of the €9 million Capital Funding Spent in December 2012 by my Department and associated bodies is as follows:
|
Vote |
ICT €000 |
Building & Equipment €000 |
Lab Equipment* €000 |
Vote Sub-Total €000 |
|
Justice |
839 |
185 |
1,024 |
|
|
Garda |
2,942 |
2,942 |
||
|
Prisons |
573 |
2,337 |
2,910 |
|
|
Courts |
1,940 |
377 |
2,317 |
|
|
PRA |
11 |
11 |
||
|
Total |
6,305 |
2,714 |
185 |
9,204 |
*Deferred Capital Expenditure in relation to Forensic Science Laboratory.
This is not an unusual occurrence as capital expenditure does not, by its nature, accrue evenly over the course of a year. It is generally related to project milestones and in particular, project completion. This can be particularly so with ICT capital expenditure, where contracts entered into at the beginning of a particular year are contracted for completion during the latter part of the same year, thus triggering final payments.
625. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if he will provide data in relation to juvenile crime, youth diversion and anti social behaviour orders in an area (details supplied); and if he will make a statement on the matter. [5159/13]
View answerThe Annual Reports of the Committee appointed to monitor the effectiveness of the Diversion Programme under Part 4 of the Children Act 2001, as amended, include details of the number of incidents of youth crime and the number of individual children referred to the Programme each year. This information is broken down by Garda Region and Division. The reports for period 2004 -2011 are available on the website of the Irish Youth Justice Service (www.iyjs.ie). The specific location information is not available.
Supporting the statutory Diversion Programme, my Department, through the Irish Youth Justice Service administers the Garda Youth Diversion Projects (GYDPs) which are nationwide, community-based, multi-agency crime prevention initiatives run by An Garda Síochána and funded by the Irish Youth Justice Service in my Department. These projects seek to divert young people from becoming involved in anti-social and/or criminal behaviour. The GYDPs are designed to engage with young people who have been identified as being at risk of involvement in criminal or anti-social behaviour. They aim to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the projects. The projects are particularly targeted at 12-17 year old “at risk” youths in communities where a specific need has been identified and where there is a risk of them remaining within the justice system. There are two such projects in the Kildare area operated by the Kildare Youth Services and statistics for these are as follows:
2011 Stats from Kildare Youth Service
|
Garda Youth Diversion Project Name |
Catchment Area |
2011 Participant Information (12-18 years) |
|
Bridge Youth |
Celbridge, Straffan & Ardclogh: North-east Kildare. Expanded to include Maynooth in 2012 |
- 37 Participants. - Gender profile: 95% male, 5% female - Most common offences include: Disorderly conduct; Other Thefts, Handling Stolen Property; and Theft from a person.
|
|
Curragh/Newbridge |
Curragh/Newbridge: Newbridge town & the Curragh |
- 39 Participants. - Gender profile: 46% male, 54% female. - Most common offences include: Disorderly conduct; Theft from a shop; and Criminal Damage.
|
In the case of anti-social behaviour the diversion process includes the incremental use of warnings, good behaviour contracts and anti-social behaviour orders, where appropriate. There was 1 anti-social behaviour warning issued in Kildare in 2012.
Tackling youth crime continues to be a key priority for this Government as set out in the Programme for Government. I am committed to continuing the Diversion Programme and this is reflected in the 2013 budget which remains similar to 2012.
626. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will confirm that there is no coroners' report for 44 of the 48 tragic victims of the Stardust Disaster, Dublin, of February 1981; if the inquests will, therefore, be re-opened in order that a verdict on their deaths can be recorded; and if he will make a statement on the matter. [5169/13]
View answerI understand that inquests into the deaths of the victims of the Stardust Fire were held between 1 and 4 March 1982 by the Dublin City Coroner, sitting with a jury, and that verdicts were returned. Under the Coroners Act, 1962, a Coroner is a statutory officer exercising quasi-judicial functions in relation to which he/she is independent and neither I nor my Department has any role in individual cases or in reviewing the verdict in any particular case.
627. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on Operation Quest; the number of arrests and charges that have been brought forward on foot of the operation; and if he will make a statement on the matter. [5211/13]
View answerIn the time available it has not been possible for the Garda authorities to supply the information requested by the Deputy. I will be in contact with the Deputy when the information is to hand.
628. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the steps he is taking to address potential illegal activity in the cash for gold sector, in particular on foot of his report into cash for gold shops that was published last summer; and if he will make a statement on the matter. [5212/13]
View answerI can inform the Deputy that on 19 June 2012 I published a report on the criminal justice aspects of the cash for gold trade which was prepared by my Department. I have formally requested the Joint Oireachtas Committee on Justice, Equality and Defence to consider the content of the report, that it obtains the views of all relevant interested parties and that it makes such report and recommendations to the Houses of the Oireachtas and to Government as it deems proportionate and appropriate in the public interest. I am presently awaiting receipt of the Committee's report following the Committee concluding it's deliberations.
629. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on all reform measures that he has introduced to date regarding the legal profession; if he is considering the introduction of further reforms for the sector, specifically the creation of a single profession of lawyer thereby abolishing the archaic office of barrister; and if he will make a statement on the matter. [5213/13]
View answerThe Programme of the Government for National Recovery 2011-2016 undertakes to “establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints”. These undertakings complement those structural reforms in the EU/IMF Programme of Financial Support for Ireland aimed at removing restrictions to trade and competition relating to the legal professions and legal costs.
Effect is being given to these structural reform commitments in the form of the extensive provisions of the Legal Services Bill 2011 which was published, in keeping with the relevant time-line under the Troika Programme, in the last Quarter of 2011. The Bill, which remains a priority under the Government Legislation Programme, completed Second Stage in the Dáil in February 2012 and is currently awaiting Committee Stage - priority also had to be given to the enactment of the Personal Insolvency Bill by the end of last year as a competing Troika Programme objective. Detailed preparation of the Legal Services Regulation Bill is, therefore, ongoing at my Department in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. As I have previously indicated, amendments to the Bill will be made available for consideration prior to the commencement of Committee Stage which is anticipated during this Session. The Bill has four main levers of modernisation and reform, namely, a new, independent, Legal Services Regulatory Authority with responsibility for oversight of both solicitors and barristers; an independent complaints system to deal with public complaints including those relating to professional misconduct. There will also be an independent Legal Practitioners’ Disciplinary Tribunal to deal with both legal professions; an Office of the Legal Costs Adjudicator that will assume the role of the existing Taxing-Master. The new Office, headed by a Chief Legal Costs Adjudicator, will modernise the way disputed legal costs are adjudicated and two new Taxing-Masters have already been appointed in anticipation of this reform. Determinations of costs made by the Adjudicator will be made public and the Adjudicator may also publish legal costs guidelines. Separately, the Bill sets out, for the first time in legislation, a set of Legal Costs Principles. It also imposes greater obligations on legal practitioners to disclose the actual or potential costs of legal proceedings to their clients; a framework for Alternative Business Models. The Bill facilitates new forms of legal services provision that take account of the emergent new business models in other common law jurisdictions and the huge advances made in business technology. These new or "alternative" business structures will be optional alongside current forms of practise and their availability will address a growing competitive disadvantage for our legal services sector.
In relation to the specific point raised by the Deputy about a single legal profession, Section 30 of the Legal Services Regulation Bill 2011 provides for a report and recommendations to be prepared by the new Legal Services Regulatory Authority, within two years of its establishment, on whether the professions of barrister and solicitor in the State should be unified. That Section of the Bill sets out, in some detail, how the relevant recommendations should be made having regard, among other things, to the public interest, the need for competition, the interest of consumers, the proper administration of justice and other matters as may be considered appropriate.
630. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he is preparing legislation for the introduction of a judicial council; the timetable for the introduction of judicial council legislation; and if he will make a statement on the matter. [5214/13]
View answerThe Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges” and this commitment is being given expression in the form of the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation.
In November 2011, the judiciary agreed to establish an Interim Judicial Council pending the publication and enactment of the proposed Judicial Council Bill. A sub-committee of the Board of the Interim Judicial Council was subsequently established to consider the General Scheme for a Judicial Council Bill, a version of which had been published by the previous Government in August 2010. The observations of the sub-committee were conveyed to me by the Chief Justice on 8 May 2012. These observations were duly considered at my Department taking account of intervening developments and of current Government policy. Following this consideration, I conveyed the relevant drafting instructions to the Attorney General in November 2012. Work on the drafting of the new Bill continues, therefore, in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and I very much appreciate the ongoing support being given to this initiative by the Chief Justice and her judicial colleagues. Under the Government's Legislation Programme for the Spring Session, announced by the Chief Whip on 15th January 2013, publication of the Bill is expected later this year.
631. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide an update on the status of the Coroners Bill; and if he will make a statement on the matter. [5215/13]
View answerThe Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed in my Department with a view, among other matters, to making it as cost-effective as possible. The Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and the Coroners Rules Committee in 2003 and it aims to fulfil various obligations placed on the State by the European Convention on Human Rights and, particularly, the Article 2 requirement in relation to the investigation of deaths of persons involving the State.
The key elements of the Bill include: enhancing inquiry and inquest processes; establishing the office of Chief Coroner to provide leadership and direction in all coronial matters; providing the necessary legal framework for the establishment of a new Coroner Service; moving to a smaller number of full-time coroners; statutory requirement to ensure that family members are notified at significant steps of the coronial process; clarifying a specific regime for coroner post-mortem examinations, including provision for retention and release of body parts and bodily samples, and promoting cooperation between coroners and other agencies also involved in investigations of deaths.
It would be my hope to progress the Coroners Bill this year. The Civil Law (Miscellaneous Provisions) Act 2011 provides for some early reforms in coronial matters, including an amalgamation of the Dublin County and City coronial districts.
632. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of anti-social behaviour orders that have been issued under the Criminal Justice Act 2006 each year since 2010, and to date in 2013; the age profile of those that have been issued ASBOs; the type and level of offences; and if he will make a statement on the matter. [5216/13]
View answerPart 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January 2007. Part 13 of the Act, which relates to anti-social behaviour by children, was commenced on 1 March 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and finally to the making of a behaviour order by the Children Court. With regard to adults, they include a warning and the making of a civil order by the court.
I am informed by the Garda authorities that since 1 January 2010 and up to 31 January 2013, 2,487 behaviour warnings were issued to adults and 1,241 to children. Two good behaviour contracts were made in respect of a child during the same period. Two civil orders in respect of adults, (age 18 and over), and no behaviour orders in respect of children have been issued by the courts during this period. In setting up the regime in the Act the intention was that the different interventions would address the problem behaviour. If they succeeded, there would be no need to apply to the courts for an order. It is only if they failed to lead to a behaviour adjustment by the person in question, that a court order would be applied for.
633. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding naturalisation in respect of persons (details supplied) in Dublin 5. [5260/13]
View answerThe second person concerned was granted temporary permission to remain in the State in 1997, under the arrangements then applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005. This permission was renewed on a regular basis by the Garda National Immigration bureau (GNIB) with the last renewal period expiring on 13 May, 2013. I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from this person in June, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
The first named person was advised by the National immigration Service (INIS) to register for temporary permission to remain with the Garda National Immigration Bureau (GNIB) on the basis of family dependency on 15 July, 2010. This permission is currently valid until 13 May, 2013. A valid application for a certificate of naturalisation was received from this person in November, 2011. The application is also currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
The third person concerned registered with GNIB for temporary permission to remain in the State on Stamp 2A conditions on 16 November, 2011. I am advised, however, that this permission to remain expired on 30 September, 2012. I would advise that this person should seek renewal of the permission to remain with GNIB. There is no record of an application for a certificate of naturalisation from this individual. It is open any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
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.
634. Deputy Sandra McLellan asked the Minister for Justice and Equality the reason for a delay in issuing Garda clearance in respect of a person (details supplied) in County Cork. [5261/13]
View answerI am informed by the Garda authorities that a vetting application on behalf of the person concerned was received by the Garda Central Vetting Unit. The application was processed and returned to the registered organisation involved on 29 January 2013.
