Local Authority Housing Maintenance

Questions (529)

Eoghan Murphy

Question:

529. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if he is familiar with Dublin City Council's proposals to energy retrofit Glovers Court, Dublin 2; and his views on whether these proposals will come to fruition. [8838/13]

View answer

Written answers (Question to Environment)

My Department is currently funding the large-scale refurbishment of a number of flat complexes in Dublin City. In line with overall national policy which promotes a reduction in energy use, the enhancement of energy efficiency standards remains a priority within my Department’s overall strategy for the improvement of local authority housing.

I am currently reviewing the terms of the energy retrofitting measure for 2013 and my Department will issue revised guidelines to local authorities in the context of the capital allocations under the housing programme for 2013, which I intend to announce shortly.

In January 2011, my Department approved a proposal by Dublin City Council to proceed to tender stage with the energy retrofitting works at Glovers Court. However, the project was not subsequently progressed to implementation stage under the capital funding programmes for 2011 or 2012. It is now a matter for Dublin City Council to progress these works within the context of the available funding and the terms of the energy retrofitting measure for 2013.

Water Charges Exemptions

Questions (530)

Anthony Lawlor

Question:

530. Deputy Anthony Lawlor asked the Minister for the Environment, Community and Local Government if allowances will be made in terms of water charges for persons who suffer from a medical condition, bearing in mind that many persons need to use high volumes of water to deal with their condition; if a list has been compiled by his Department which outlines such medical conditions; and if he will make a statement on the matter. [8874/13]

View answer

Written answers (Question to Environment)

The programme for Government and the memorandum of understanding with the EU, the IMF and the ECB provide for the introduction of domestic water charges. It is not intended that domestic water charges will commence before 2014. The Government considers that charging based on usage is the fairest way to charge for water and it has decided that water meters should be installed in households connected to public water supplies. The Government has also decided that Irish Water, a new State-owned water company to be established as an independent subsidiary within the Bord Gáis Éireann Group, will be responsible for the metering programme.

The Water Services Bill 2013 which is currently being considered in the Oireachtas will assign the necessary powers to allow Irish Water to undertake the metering programme. The Bill also assigns to the Commission for Energy Regulation (CER) the power to advise the Government on the development of a regulatory framework for water services.

Affordability measures, including consideration of water customers with medical needs, will be addressed by my Department and the Department of Social Protection, in consultation with the Regulator, Irish Water and other stakeholders, in the context of developing a water pricing framework. The agreed approach will then be reflected in the charging structure established by the regulator.

Leader Programmes Funding

Questions (531)

Seán Kyne

Question:

531. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government the level of funding available to the LEADER programme from 2014-2020 in the context of the recent agreement of the EU's new Multi Annual Financial Framework; and if he will clarify the changes, if any, proposed in the funding model. [8985/13]

View answer

Written answers (Question to Environment)

The European Council of Ministers reached agreement on 5 February 2013 on the Multi Annual Financial Framework for the EU. The Irish Presidency will now engage with the European Parliament to seek its assent to the deal agreed by the Council. In parallel to these discussions, the negotiation processes for the large range of regulatory instruments required to implement the various parts of the MFF will continue.

LEADER is supported through the European Agricultural Fund for Rural Development, EAFRD, which is in place to fund measures under Rural Development or the Pillar II element of the CAP. Under the proposed regulatory framework for the EAFRD for 2014 to 2020 at least 5% of the total EAFRD contribution to each member state's Rural Development Programmes, RDPs, must be reserved for LEADER. The agreement on the MFF provides for a strong CAP supporting a strong agricultural base in Europe and indicates that the overall EU level of funding for Pillar II is €84,936 million, including the LEADER element. However, further negotiations are required at EU and national level in order to determine the breakdown of this funding both for Ireland in general and for LEADER in particular. In this context, a definitive allocation for the LEADER programme for the 2014 to 2020 programming period is not yet available.

Recommended changes to the current arrangements for implementing LEADER are set out in the final report of the Local Government/Local Development Alignment Steering Group, and reflected in the Putting People First – Action Programme for Effective Local Government. The report recommended that Socio-Economic Committees should have responsibility for planning, management and oversight of local and community programmes, including the matching of resources to priorities and achievement of value for money. The report also proposed that appropriately structured Socio-Economic Committees would present the optimum structure for implementing LEADER local development strategies for the 2014 to 2020 EU programming period. I anticipate the continued involvement of local development companies in programme implementation on behalf of my Department.

Property Management Companies

Questions (532)

Shane Ross

Question:

532. Deputy Shane Ross asked the Minister for Justice and Equality further to Parliamentary Question No. 122 of 7 February 2013, if he will respond regarding management charges (details supplied) and the fact that even when property values have declined, management rates remain the same; his views on whether this is a matter of serious concern; and if he will make a statement on the matter. [8776/13]

View answer

Written answers (Question to Justice)

The position is that the primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies, OMCs. These are bodies established for the management of such areas, the membership of which comprise the owners of residential units within the development.

As regards service charges, the position is that section 18 of the 2011 Act requires each OMC to establish and maintain a scheme of annual service charges to fund the costs of insurance, maintenance and other common or shared services. These service charges, which are not therefore directly related to the value of residential units in the development, must be calculated on a transparent basis, be apportioned on an equitable basis between unit owners and be approved by the owners at a meeting of the OMC. In summary, the Act gives residential unit owners a direct role in determining the level of annual service charge, the level of services to be funded and the manner in which such services are to be provided.

I should add that section 18 also provides that each owner is under an obligation to pay annual service charges and that section 22 provides that unpaid service charges may be recovered by the OMC concerned as a simple contract debt in a court of competent jurisdiction, that is, normally, the District Court.

Prison Staff

Questions (533)

Robert Troy

Question:

533. Deputy Robert Troy asked the Minister for Justice and Equality when those who have been recruited for the Irish Prison Service will be called for training; and if he will make a statement on the matter. [8062/13]

View answer

Written answers (Question to Justice)

As the Deputy will be aware the overall staffing level in the Civil and 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.

Garda Transport Data

Questions (534)

Shane Ross

Question:

534. Deputy Shane Ross asked the Minister for Justice and Equality the number of cars bought for An Garda Síochána in the past two years, 2011 and 2012 and January/February 2013; the model of each car; the cost of each car and the level/grade in the Garda to which each car was allocated; the number of cars that were allocated to gardaí on the beat; the number that were purchased for gardaí at senior level including Commissioner, Deputy Commissioners, all Assistant Commissioners, Chief Administrative Officer, Director of Communications, District Commissioner, Head of Garda Internal Audit, Head of Legal Affairs and Human Rights, Executive Director of Finance and Services, Executive Director ICT; and if he will make a statement on the matter. [8084/13]

View answer

Written answers (Question to Justice)

Decisions on the provision and deployment of Garda transport are matters for the Garda Commissioner.

I am informed by the Garda authorities that 264 Garda vehicles were procured in the period referred to by the Deputy. These vehicles were secured through open competitive procurement processes and, accordingly, I understand from the Garda authorities that the precise costs involved are commercially sensitive.

In addition, I have been informed by the Garda authorities that all of the vehicles in question were allocated for front-line Garda duties, based on operational requirements. The vehicles comprised a number of different models and the main manufacturers involved were Fiat, Ford and Toyota. A breakdown for the vehicle types is outlined in the table below:

Patrol vehicles

Vans

Motorcycles

4X4

245

8

5

6

Garda Transport Provision

Questions (535)

Shane Ross

Question:

535. Deputy Shane Ross asked the Minister for Justice and Equality the number of Gardaí at any level that are entitled to the use of State purchased cars; the number of the Garda fleet that are specifically allocated to one person; and if he will make a statement on the matter. [8085/13]

View answer

Written answers (Question to Justice)

Decisions on the allocation of Garda transport are matters for the Garda Commissioner.

I am advised by the Garda authorities that 12 vehicles are currently allocated for the use of Garda personnel of Commissioner, Deputy Commissioner and Assistant Commissioner rank for official duties.

Deportation Orders Re-examination

Questions (536)

Bernard Durkan

Question:

536. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will consider a request to revoke a deportation order in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [8103/13]

View answer

Written answers (Question to Justice)

The person concerned is the subject of a Deportation Order signed on 11 September 2003. He evaded his deportation for almost six years until June 2009. In 2009 the individual made an application to have his Deportation Order revoked under Section 3(11) of the Immigration Act, 1999 (as amended). Having considered the application fully, the Deportation Order was affirmed and this decision was conveyed to the applicant and copied to his legal representative on 29 June 2011.

I am satisfied that the application for asylum made by the person concerned was fairly and comprehensively examined. 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 regarding 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.

Prisoner Health

Questions (537)

Bernard Durkan

Question:

537. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the health condition of a person (details supplied) continues to be monitored; and if he will make a statement on the matter. [8104/13]

View answer

Written answers (Question to Justice)

I am informed by the Irish Prison Service that the person referred to by the Deputy is continuing to receive ongoing appropriate medical care which his condition warrants. As advised previously, medical confidentiality is a time honoured principle of professional healthcare ethics and accordingly I am not at liberty to divulge information relating to a prisoner's medical records.

Immigration Status

Questions (538)

Bernard Durkan

Question:

538. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 162 of 17 January 2013, wherein the change of application for status was refused on the basis that the applicant had permission to be in the State on Stamp 3 conditions up to 17 February 2013 but had no entitlement to the change of status requested given that they had made their application in good time to enable the authorities to assess their application and having particular regard to the suggestion contained in the reply that they may apply again for change of status; if their circumstances have changed as their permission is due to expire soon; if he will further clarify entitlement to upgrade of status and/or eligibility for naturalisation in their case and that of their spouse (details supplied); and if he will make a statement on the matter. [8105/13]

View answer

Written answers (Question to Justice)

As previously outlined in my reply to Parliamentary Question No. 162 of 17 January 2013, the person referred to by the Deputy had no entitlement to the change of status requested. The person in question may apply to the General Immigration Division of INIS if her circumstances have changed. I wish to inform the Deputy that the person concerned has recently submitted an application for Long Term Residency as a dependent of her spouse. Such applications are processed on a case by case basis, taking individual circumstances into account. It is open to any person who may qualify for Naturalisation to make an application to the Citizenship Division of this Department.

Queries regarding 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.

Asylum Applications

Questions (539)

Bernard Durkan

Question:

539. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the file in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8106/13]

View answer

Written answers (Question to Justice)

The person concerned arrived in the State on the 28 September 2009 and claimed asylum. He was informed by the Office of the Refugee Applications Commissioner that a declaration of refugee status had been refused in respect of him on 25 January 2010. An appeal was lodged against the decision of the Commissioner to the Refugee Appeals Tribunal by the Refugee Legal Services Galway on the 10 February 2010. On 25 August 2010 the Ministerial Decisions Unit informed the applicant that it was proposed to make a Deportation Order in respect of him. He was informed of the three options now open to him including his right to make leave to remain representations, also included was a Subsidiary Protection application form. This letter was returned marked ‘gone away’ on 26 August 2010.

A Subsidiary Protection application and representations pursuant to Section 3 of the Immigration Act 1999 were made on behalf of the applicant by the Refugee Legal Services Galway on the 9 September 2010. A personal statement on behalf of the applicant in support of these applications was submitted by the RLS Galway on the 13 September 2010. The applicant was informed that his application for Subsidiary Protection was refused on 8 August 2011. He was informed on 30 August 2011 that it had been decided to make a Deportation Order against him. Judicial Review proceedings challenging both of these decision were brought before the High Court on 24 September 2011 and are currently ongoing. As the matter is therefore sub judice I do not propose to comment further.

Queries regarding 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.

Ministerial Appointments

Questions (540, 541, 542)

Shane Ross

Question:

540. Deputy Shane Ross asked the Minister for Justice and Equality the details of all appointments made by him to all State agencies, commercial bodies and all other appointments made by him since taking office, including the State owned banks and the judiciary. [8123/13]

View answer

Shane Ross

Question:

541. Deputy Shane Ross asked the Minister for Justice and Equality the details of the qualifications of all the appointees made by him to all State agencies, commercial bodies and all other appointments made by him since taking office including the State owned banks and judiciary for the appointments they have accepted; and if he will make a statement on the matter. [8141/13]

View answer

Shane Ross

Question:

542. Deputy Shane Ross asked the Minister for Justice and Equality the number of appointees and the percentage of appointments made by him to all State agencies, commercial bodies and all other appointments made by him since taking office including the State owned banks and the Judiciary that were subject to a public applications process; and if he will make a statement on the matter. [8159/13]

View answer

Written answers (Question to Justice)

I propose to take Questions Nos. 540 to 542, inclusive, together.

I wish to inform the Deputy that the information requested is outlined in the accompanying table. The Deputy should note that under the heading of "Qualifications", unless otherwise stated, I have given details of the legislative basis of the appointments concerned as this provides the requisite criteria for appointment. I also wish to advise the Deputy that in a few cases I reappointed persons that I had previously appointed during the period concerned as indicated by the word "reappointed" after the names of the individuals concerned. For this reason and in order to avoid potential double counting I am unable to provide the percentage of appointments made that were subject to a public appointments process. However details of all appointments and whether the posts were advertised are detailed below.

Entity

Position

Person

Qualifications

Public Applications Process (Y/N)

Appeal Tribunal under Part 3 of the Prisons Act 2007

Member

Quinlan, Michael

(reappointed)

 Prisons Act 2007

 Y

Appeal Tribunal under Part 3 of the Prisons Act 2007

Member

O'Connor, Patricia

(reappointed)

 Prisons Act 2007

 Y

Appeal Tribunal under Part 3 of the Prisons Act 2007

Member

Miller, Bríd

(reappointed)

 Prisons Act 2007

 Y

Appeal Tribunal under Part 3 of the Prisons Act 2007

Member

MacGuill, James

(reappointed)

 Prisons Act 2007

 Y

Prison Visiting Committee - Arbour Hill Prison

Member

Hayes, Rita

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Arbour Hill Prison

Member

Daly, Wilhelmina

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Arbour Hill Prison

Member

Bulbulia, Abdullah

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Arbour Hill Prison

Member

Murray, Paddy

 Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Arbour Hill Prison

Member

O'Connor, Angela

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Assistant Classifier (IFCO)

Assistant Classifier

Power, David

(reappointed)

Complies with terms of The Censorship of Films (Amendment) Act 1992

 N

Assistant Classifier (IFCO)

Assistant Classifier

Brennan, Mark

(reappointed)

Complies with terms of The Censorship of Films (Amendment) Act 1992

 N

Assistant Classifier (IFCO)

Assistant Classifier

McClafferty, Danielle

Complies with terms of The Censorship of Films (Amendment) Act 1992

N

Prison Visiting Committee - Castlerea Prison

Member

Nevin, Michael

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Castlerea Prison

Member

Daly, Martin

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Castlerea Prison

Member

Brady, Eddie

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Children Detention Schools Board of Management

Member

Kelleher, Dan

Appointed under the provisions of the Children Act 2001, Section 167.

 N

Commission for the Support of Victims of Crime

Chairperson

McAndrew, Ray

Retired Assistant Garda Commissioner

 N

Committee to monitor the effectiveness of the Garda Diversion Programme under Section 44 of the Children Act 2001 (as amended)

Member

Gibbons, Norah

Section 44 of the Children Act 2001 (as amended)

 N

Committee to monitor the effectiveness of the Garda Diversion Programme under Section 44 of the Children Act 2001 (as amended)

Member

Cheatle, John

Section 44 of the Children Act 2001 (as amended)

 N

Committee to monitor the effectiveness of the Garda Diversion Programme under Section 44 of the Children Act 2001 (as amended)

Chief Superintendent

McMahon, Anne Marie

Section 44 of the Children Act 2001 (as amended)

 N

Committee to monitor the effectiveness of the Garda Diversion Programme under Section 44 of the Children Act 2001 (as amended)

Assistant Commissioner

Twomey, John

Section 44 of the Children Act 2001 (as amended)

 N

Committee to monitor the effectiveness of the Garda Diversion Programme under Section 44 of the Children Act 2001 (as amended)

Assistant Commissioner

Nolan, Anthony Joseph

Section 44 of the Children Act 2001 (as amended)

 N

Committee to monitor the effectiveness of the Garda Diversion Programme under Section 44 of the Children Act 2001 (as amended)

Member

D'Arcy, Eddie

Section 44 of the Children Act 2001 (as amended)

 N

Prison Visiting Committee - Cork Prison

Member

O'Keeffe, Margaret

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Cork Prison

Member

O'Connell, Dermot

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Cork Prison

Member

Loughnane, Mary

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Cork Prison

Member

Strahan, Dave

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Cork Prison

Member

Ryan, Tomas

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Courts Service Board

Member

O'Keeffe, Deirdre

Courts Service Act, 1998 - Section 11 (1) (n) an officer of the Minister nominated by the Minister,

 N

Courts Service Board

Member

Doyle, Pat

Courts Service Act, 1998 - Section 11 (1)(o) a person nominated by the Minister to represent consumers of the services provided by the courts,

 N

Courts Service Board

Member

Browne, Shane

Courts Service Act, 1998 - Section 11 (1) (q) a person who, in the Minister's opinion, has relevant knowledge and experience in commerce, finance or administration and who is nominated by the Minister after consultation with such bodies as the Minister considers are representative of such interests in the State.

 N

Prison Visiting Committee - Dóchas Centre

Member

Elliott, Mary

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Dóchas Centre

Member

Donnelly, Bernie

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Dóchas Centre

Member

Cloak, Noel

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Dóchas Centre

Member

Gallagher, Ruth

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Dóchas Centre

Member

Delaney, Anne

 Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Garda Confidential Recipient

Member

Connolly, Oliver

Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007

 N

Garda Síochána Audit Committee

Member

Kinch, Eamonn

Garda Síochána Act 2005

 N

Garda Síochána Audit Committee

Member

Fitzpatrick, Pat

Garda Síochána Act 2005

 N

Garda Síochána Audit Committee

Member

Collins, James

Garda Síochána Act 2005

 N

Garda Síochána Audit Committee

Deputy Commissioner

Rice, Nacie

Garda Síochána Act 2005

 N

Garda Síochána Audit Committee

Chairperson

Farrelly, Jimmy

Garda Síochána Act 2005

 N

Judicial Appointments Advisory Board

Member

Dent, Karen

Courts and Court Officers Act 1995 - Section 13 (2) (c) states "not more than three persons appointed by the Minister who shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate) of commerce, finance, administration or persons who have experience as consumers of the services provided by the courts that the Minister considers appropriate."

 N

Judicial Appointments Advisory Board

Member

Bresnihan, Valerie

 Courts and Court Officers Act 1995 - Section 13 (2) (c) states "not more than three persons appointed by the Minister who shall be persons engaged in, or having knowledge or Courts and Court Officers Act 1995 - Section 13 (2) (c) states "experience (being knowledge or experience that the Minister considers appropriate) of commerce, finance, administration or persons who have experience as consumers of the services provided by the courts that the Minister considers appropriate."

 N

Judicial Appointments Advisory Board

Member

Boucher, Simon

 Courts and Court Officers Act 1995 - Section 13 (2) (c) states "not more than three persons appointed by the Minister who shall be persons engaged in, or having knowledge or experience (being knowledge or experience that the Minister considers appropriate) of commerce, finance, administration or persons who have experience as consumers of the services provided by the courts that the Minister considers appropriate."

 N

Legal Aid Board

Member

Power, Ger

Civil Legal Aid Act 1995

 N

Legal Aid Board

Member

O'Neill BL, Michelle

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

Reid, Rob

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

O'Leary, Philip

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

O'Gorman, John

 Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

O'Connell, Donncha

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

O'Connell BL, Micheál D

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

McPhillips, Oonagh

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

McGlynn, Joy

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

Hayes, Kate

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

Dalton, Mary

Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

Buckley, Oonagh

Civil Legal Aid Act 1995

  N

Legal Aid Board

Chairperson

Walls, Muriel

 Civil Legal Aid Act 1995

  N

Legal Aid Board

Member

Garvey, David

 Civil Legal Aid Act 1995

  N

Prison Visiting Committee - Limerick Prison

Member

Rooney, Val

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Limerick Prison

Member

Prendergast, Mary

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Limerick Prison

Member

Higgins, John

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Limerick Prison

Member

McCarthy, Patricia

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Limerick Prison

Member

Houlihan, James

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Loughan House

Member

Richey, Kathleen

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Loughan House

Member

Cullen, Andrew

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Loughan House

Member

Boyle, Patrick

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Loughan House

Member

Cutliffe, Peter

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Mental Health Review Board

Member

Mulcahy, Michael

Criminal Law (Insanity) Act 2006

 N

Mental Health Review Board

Member

McGarry, Nora

Criminal Law (Insanity) Act 2006

 N

Mental Health Review Board

Chairperson

McCracken, Brian

Criminal Law (Insanity) Act 2006

 N

Mental Health Review Board

Member

Walsh, Elizabeth

Criminal Law (Insanity) Act 2006

 N

Prison Visiting Committee - Midlands Prison

Member

Fennelly, Colette

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Minister's Office Appointments

Personal Secretary to the Minister

Lambert, Cleo

Worked for Minister immediately prior to her appointment.  Appointment made in accordance with Department of Finance instructions to Personnel Officers on Ministerial Appointments for the 31st Dáil.

 N

Minister's Office Appointments

Personal Assistant to the Minister

Hall, Lorraine

Worked for Minister immediately prior to her appointment.  Appointment made in accordance with Department of Finance instructions to Personnel Officers on Ministerial Appointments for the 31st Dáil.

 N

Prison Visiting Committee - Mountjoy Prison

Member

Aherne, Joe

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Mountjoy Prison

Member

Crean, Tom

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

National Disability Authority Board

Member

O'Leary, Donie

National Disability Authority Act 1999.

 Y

Parole Board

Member

de Buis, Ciarín

 Director of StartStrong

 N

Parole Board

Chairperson

Costello, John

 Legal Professional

 N

Parole Board

Member

Rock, Eddie

 Retired Garda Síochána

 N

Parole Board

Member

McGarry, Nora

 Medical Professional

 N

Parole Board

Member

McCarthy, Shane

 Legal Professional

 N

Parole Board

Member

Murphy, Brian

 Irish Prison Service

 N

Parole Board

Member

Geiran, Vivian

 Probation Service

 N

Parole Board

Member

Kavanagh, Ray

Retired Public Servant

 N

Parole Board

Member

Duff, Mick

 Director of the St Aengus Drug Treatment and Rehabilitation project

 N

Prison Visiting Committee - Portlaoise Prison

Member

O'Neill, Brian

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Portlaoise Prison

Member

Guijt-Lawlor, Margaret

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Property Registration Authority

Member

Branigan, Frank

Registration of Deeds and Title Act 2006

 N

Property Registration Authority

Member

Pilkington BL, Teresa

Registration of Deeds and Title Act 2006

 N

Property Registration Authority

Member

Fox, Deirdre

Registration of Deeds and Title Act 2006

 N

Property Services Regulatory Authority

Member

Terry, Regina

 Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

O'Reilly, Myles

Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Mooney, Paul

 Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Henry, Josephine

Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Hanratty, Martin

 Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Fox, Deirdre X

 Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Doorley, James

 Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Davitt, Patrick

 Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Carey, Edward

 Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Member

Boate, Carol

Property Services (Regulation) Act 2011

 Y

Property Services Regulatory Authority

Chairperson

Clarke, Geraldine

 Property Services (Regulation) Act 2011

 Y

Prison Visiting Committee - Shelton Abbey

Member

Delaney, Gerry

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Shelton Abbey

Member

Short, Margaret

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Shelton Abbey

Member

Gregan, Thomas

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Shelton Abbey

Member

Codd, Richard

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - St. Patrick's Institution

Member

Murphy, Denis

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - St. Patrick's Institution

Member

Muldowney, Emma

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - St. Patrick's Institution

Member

Lyons, John

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - St. Patrick's Institution

Member

Counihan, Niall

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

The Equality Authority

Member

White, Peter

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Rose, Kieran

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

O'Leary, Betty

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Murphy, Rhona

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Mongan, Ellen

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Mbugua, Salome

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Maguinness, Paddy

 (reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Lynch , Christy

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Jackson, Lynn

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Fogarty , Sean

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Brander , Nigel

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Chairperson

Kerins , Angela

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Joyce, David

(reappointed)

Employment Equality Act, 1998

  N

The Equality Authority

Member

Dolan, Annette

(reappointed)

Employment Equality Act, 1998

  N

Prison Visiting Committee - Training Unit

Member

Turley, Noel

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Training Unit

Member

Kenneally, Deirdre

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Training Unit

Member

Kelly, Fintan

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Training Unit

Member

Jordan, Sadie

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Training Unit

Member

Holton, Patrick

 Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Wheatfield Prison

Member

Stephens, Stewart

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Wheatfield Prison

Member

Gleeson, Betty

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Wheatfield Prison

Member

Gill, Kathleen

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Wheatfield Prison

Member

Coyne, Brenda

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

Prison Visiting Committee - Wheatfield Prison

Member

Carter, Anne

Prisons (Visiting Committees) Act, 1925  & Prisons (Visiting Committees) Order, 1925

 N

I wish to advise the Deputy that members of the Judiciary are appointed by the President and not by the Minister for Justice and Equality. However, to be of assistance and because the Deputy has specifically requested details of Judicial appointments, I have listed the appointments concerned below.

Table

Name

Position

Susan Denham*

Chief Justice

Frank Clarke*

Judge of the Supreme Court

John MacMenamin*

Judge of the Supreme Court

Michael White*

Judge of the High Court

Kevin Cross

Judge of the High Court

Paul McDermott

Judge of the High Court

Iseult O'Malley

Judge of the High Court

Colm MacEochaidh

Judge of the High Court

Raymond Groarke*

President of the Circuit Court

Thomas O’Donnell*

Judge of the Circuit Court

Sarah Berkeley

Judge of the Circuit Court

Pauline Codd

Judge of the Circuit Court

Barry Hickson

Judge of the Circuit Court

Keenan Johnson

Judge of the Circuit Court

Mary Ellen Ring

Judge of the Circuit Court

David Riordan*

Judge of the Circuit Court

Carmel Stewart

Judge of the Circuit Court

Rosemary Horgan*

 President of the District Court**

Rosemary Horgan

Judge of the District Court

Michael P. Coghlan

Judge of the District Court

Patrick Durcan

Judge of the District Court

Gráinne Malone

Judge of the District Court

Eugene O’Kelly

Judge of the District Court

Marie Quirke

Judge of the District Court

Kevin Staunton

Judge of the District Court

Alan Mitchell

 Judge of the District Court

Michael Walsh

 Judge of the District Court

Colin Daly

Judge of the District Court

Mary Emer Larkin

Judge of the District Court

John O’Connor

Judge of the District Court

*These judges were nominated for appointment to their current position while already a serving judge. Therefore section 16 of the Courts and Court Officers Act 1995 does not apply.
** Judge Horgan was appointed to the District Court in May 2011 and appointed as President of the District Court on 13 July 2012.

Residential Institutions Issues

Questions (543)

Robert Dowds

Question:

543. Deputy Robert Dowds asked the Minister for Justice and Equality if he will provide an update on his consideration of issues relating to the Bethany Home and the redress issues surrounding that home, in view of the completion of the Magdalen Laundries report. [8203/13]

View answer

Written answers (Question to Justice)

Consideration continues to be given to issues relating to the former Bethany Home and how they might be addressed. Although limited aspects of the operation of the Bethany Home came under the remit of my Department many of the issues raised fall to other Departments.

Employment Rights

Questions (544)

Mary Lou McDonald

Question:

544. Deputy Mary Lou McDonald asked the Minister for Justice and Equality following the recently published Migrant Rights Centre Ireland Report December 2012 Part of the Family, which illustrates the way the unregulated au pair system is being used to facilitate cheap childcare and that leaves au pairs without basic protections, his plans to address the issue of au pairs here; and if he will make a statement on the matter. [8225/13]

View answer

Written answers (Question to Justice)

I refer the Deputy to the reply to Parliamentary Question No. 84 of 7 February provided by my colleague Richard Bruton, Minister for Jobs, Enterprise and Innovation.

Should the Deputy wish to ask a specific question on this matter that falls within my area of responsibility, I would be pleased to provide details on that matter.

Prison Committals

Questions (545, 546)

Ciara Conway

Question:

545. Deputy Ciara Conway asked the Minister for Justice and Equality if he will provide in tabular form the number of convictions that have resulted in citizens being jailed due to the non-payment of fines for 2008, 2009, 2010, 20011 and 2012; and if he will make a statement on the matter. [8274/13]

View answer

Ciara Conway

Question:

546. Deputy Ciara Conway asked the Minister for Justice and Equality if he will provide in tabular form the number of convictions in the courts in Waterford City and county that have resulted in citizens being jailed due to the non-payment of fines for the years of 2008, 2009, 2010, 2011 and 2012; and if he will make a statement on the matter. [8275/13]

View answer

Written answers (Question to Justice)

I propose to take Questions Nos. 545 and 546 together.

A breakdown of the number of persons imprisoned solely for non-payment of fines for each of 2008, 2009, 2010, 2011 and 2012 is set out in the following table.

Year

Number of Persons

2008

2,344

2009

4,350

2010

5,995

2011

6,727

2012*

7,467

* The 2012 figure is provisional pending the publication of the Irish Prison Service Annual Report.

I can also advise the Deputy that the number of such persons held in custody at any one time is a tiny fraction of the overall prisoner population. To illustrate this point, on 15 February, 2013, 9 people (0. 21 %), out of a prison population of 4,262 in custody that day fell into this category. Statistics in respect of the number of convictions in the courts in Waterford City and County which have resulted in imprisonment due to the non-payment of fines are not maintained by the Irish Prison Service.

Community Service Orders

Questions (547)

Ciara Conway

Question:

547. Deputy Ciara Conway asked the Minister for Justice and Equality in view of the fact that prisons are overcrowded and an expense on the State, the measures that are being taken to ensure that community service rather than jail as a viable option for convictions relating to non-payment of fines; and if he will make a statement on the matter. [8276/13]

View answer

Written answers (Question to Justice)

The Probation Service of my Department has responsibility for the supervision and management of Community Service Orders in accordance with the Criminal Justice (Community Service) Act, 1983 as amended by the Criminal Justice (Community Service) (Amendment) (No.2) Act 2011. This work, inter alia, involves providing assessment reports to the Courts and managing completion of the Orders by offenders. The use of Community Service Orders generally is monitored but the Courts are independent in exercising their functions.

The Probation Service prioritises its workload and allocates its resources in such a way as to maximise efficiency and effectiveness. This prioritisation includes particular focus on the delivery of front-line services and the supervision of Community Service Orders.

The Probation Service has restructured the delivery of Community Service nationally under the governance of a dedicated Community Service Unit. Besides the 9 dedicated administrative and probation staff, there are 78 Probation Officers working nationally with a range of duties including community service. The Probation Service also engages community service supervisors to manage offenders undertaking community service on work projects. As at the end of January 2013, there were 40 community service supervisor posts nationwide. The recruitment of an additional 4 supervisors for which sanction was received is ongoing. It is expected that these posts will be filled shortly.

The Fines Act, 2010 included a number of provisions designed to minimise the level of fine default and to ensure as far as possible that fine defaulters are not committed to prison, including the imposition of community service. Further measures have been drafted in the Fines (Amendment) Bill 2012 which will introduce the attachment of earnings of a person whose fine remains unpaid. Section 15 is being amended to provide for the payment of fines by instalments as an automatic right rather than having to apply to the Court for the facility.

Personal Insolvency Act

Questions (548)

Ciaran Lynch

Question:

548. Deputy Ciarán Lynch asked the Minister for Justice and Equality the way personal insolvency practitioners, required under the Personal Insolvency Act 2012, are to be selected and appointed; if any have been appointed to date; the standard of qualification and experience required of them; the way they will they be remunerated and on what scale; and if he will make a statement on the matter. [8277/13]

View answer

Written answers (Question to Justice)

As the Deputy may be aware, all Personal Insolvency Practitioners (PIPs) will be authorised and regulated by the Insolvency Service of Ireland, in accordance with Part 5 of the Personal Insolvency Act 2012-Sections 159 to 169.

In Part 5 of the Act, Section 163 sets out how an individual may make application to carry on practice as a Personal Insolvency Practitioner, and Section 164 the matters which the Insolvency Service must take into account in deciding whether an applicant should be authorised as a PIP or whether authorisation is to be refused. The ISI will accept applications only after it has made Regulations under Section 161 of the Act for the purposes of the control and supervision of PIPs and the protection of debtors and creditors. It is expected that these Regulations will be made in the near future. As I have previously stated, I expect that accountants, lawyers and a broad range of financial advisors may wish to seek regulation as practitioners, but it will not be confined to these professions. All potential applicants, in addition to their existing professional qualifications, will have to demonstrate evidence of the applicants' satisfactory knowledge of the provisions of the Act and the law generally as it applies in the State relating to the insolvency of individuals and in particular statutory provisions relating to such persons.

The Personal Insolvency Act 2012 reflects the standard approach in any insolvency process, that the fees of the PIP will be paid out of the funds available to creditors.

Same-sex Marriage

Questions (549)

Clare Daly

Question:

549. Deputy Clare Daly asked the Minister for Justice and Equality his plans to enable marriages between same sex couples. [8302/13]

View answer

Written answers (Question to Justice)

I refer to my response to Parliamentary Question No. 521 of 12 February 2013 in which I indicated that legislation providing for same-sex marriage cannot be enacted without an amendment to the Constitution following a decision of the people in a referendum on the matter in accordance with Article 46 of the Constitution. In this regard the Programme for Government includes a commitment to establish a Constitutional Convention to consider constitutional reform on a number of issues including provision for same-sex marriage.

I understand that the Constitutional Convention is expected to consider the issue of same-sex marriage in April.

Garda Stations Closures

Questions (550)

Gerry Adams

Question:

550. Deputy Gerry Adams asked the Minister for Justice and Equality in view of the recent announcement regarding Garda closures it includes the previously mooted closure of Harcourt Terrace Garda Station for which the State was forced to pay compensation to a builder (details supplied); if he will confirm if the Harcourt Terrace Garda Station is still a station that is to be closed; and if he will make a statement on the matter. [8328/13]

View answer

Written answers (Question to Justice)

The Commissioner's Policing Plan for 2012 proposed the closure of 39 Garda Stations which included Harcourt Terrace. Harcourt Terrace Garda Station was closed on 31 May 2012.

National Traveller-Roma Integration Strategy

Questions (551)

Joan Collins

Question:

551. Deputy Joan Collins asked the Minister for Justice and Equality the measures specific to the Roma to be included in the National Traveller Roma Integration Strategy in the four areas of education, employment, healthcare and housing; the mechanisms in place or planned to ensure Traveller and Roma active participation in the development and implementation of the strategy; and the steps being taken to introduce targets, timelines and budget for the implementation of Ireland's National Traveller Roma Integration Strategy. [8342/13]

View answer

Written answers (Question to Justice)

From Ireland's perspective, in relation to Roma specifically, it is important to note that the term “Roma”, as defined by the Council of Europe, refers to Roma, Sinti, Kale and related groups in Europe, including Travellers and Eastern groups (Dom and Lom), and covers the wide diversity of the groups concerned, including persons who identify themselves as “Gypsies”. By this definition, the vast majority of Travellers/Roma in the Irish State are indigenous Irish Travellers. There are no official statistics on the number of Roma in Ireland. A figure of 3,000 (approximately 0.07% of the population) has been cited by the Roma Support Group Pavee Point. However, the vast majority of Roma in this State are EU citizens and, as such, in terms of immigration controls, are covered by the provision of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006. Such persons are not required to register their presence in the State.

Ireland's National Traveller/Roma Strategy was developed following a communication from the EU Commission entitled “An EU Framework for National Roma Integration Strategies" (April 2011) which requested that member states would, in proportion to the size of the Roma population living in their territories and taking into account their different starting points, adopt or develop further a comprehensive approach to Roma integration.This document thus includes relevant strategies that already exist in the four crucial areas of education, employment, healthcare and housing. It also mentions initiatives in place in the same areas to assist the Roma community who are citizens of the European Economic Area and are legally resident in the country. It should be noted that Traveller representatives are active participants on National Committees dealing with policy in all four areas and, in this way, were involved in the development of these policies. The Irish Strategy document is envisaged to be a living document and as time goes on there is nothing to prevent the development and inclusion of new actions in any of the sectors; however the actions in the Strategy are at present generic actions in relation to the population covered rather than Roma-specific.

My Department's role in the Strategy is one of coordination while the development of particular policy and implementation including targets, timelines and budgets as referred to by the Deputy are a matter for my Government colleagues in the relevant Government Departments.

In the Commission's assessment of the National Strategies, Ireland was identified as having a strong monitoring and review mechanism for adapting the strategy. Based on the assessment of all Member States, a set of policy recommendations in each section points to priorities that all Member States should further address, depending on their national circumstances, in order to meet their responsibilities.In this context it is envisaged that further actions will be developed for Ireland when and where it is deemed necessary.