Written Answers Nos. 396-413
399. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the reason Dublin City Council budget in 2013 has been reduced by more than 50% for the housing adaptation grant scheme compared to its 2012 budget; and if he will make a statement on the matter. [15348/13]
View answerOn 22 February 2013 I announced capital allocations to local authorities under the suite of Grants for Older People and People with a Disability amounting to €42.750 million. In allocating the available funding across all 34 city and county councils I did so in as transparent and as fair a way as possible. In framing the 2013 allocations, my Department wrote to each local authority requesting details of the numbers and value of grants where work had been approved to commence. Between them, local authorities reported contractual commitments in respect of approved grants totally €18 million. This year I allocated local authorities the full amount of their contractual commitments which, in the case of Dublin City Council, amounted to €2,906,500. The balance of the available funding was allocated on the basis of each authority’s share of the new applications on hand in January 2013. This brought Dublin City Council’s overall allocation to €4,932,319.56. In order to deal with any acute or particular difficulty which might arise in the operation of the schemes over the course of the year I have set aside a small capital reserve. My Department will consider applications from local authorities for a supplementary allocation in such cases.
400. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if his Department will be having a water services investment programme in 2014; and if he will make a statement on the matter. [15349/13]
View answerI refer to the reply to Questions Nos. 353 and 357 of 5 March 2013. The Water Services Investment Programme 2010 – 2013 will run until the end of the year. At that point, following the enactment of the necessary legislation, responsibility for public water service planning and delivery will transfer to Irish Water. The Water Sector Reform Implementation Strategy , which is published on my Department’s website, is focused on ensuring that appropriate policy and legal frameworks are put in place for Irish Water and the water sector. A key objective of the Government in establishing Irish Water is to provide a mechanism to finance necessary capital investment in the sector, and accelerate the delivery of such investment. The development of a capital investment programme to succeed the current Water Services Investment Programme is part of the reform work currently underway.
401. Deputy John Browne asked the Minister for the Environment, Community and Local Government when arrears due to Enniscorthy Town Council, County Wexford, in respect of a sewage scheme, provided by the council, will issue. [15361/13]
View answerI assume that the question refers to the Enniscorthy Main Drainage Scheme Stage 2 which was completed in the late 1990s. My Department advised Wexford County Council in November 2012 that no further payments are due to the Council on this scheme.
406. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the position regarding the conditions of the Garda Terrace in Phoenix Park, Dublin; if he is currently responding to residents' requests to be re-housed due to the continuing degradation of conditions with the accommodation; if he is treating this with the utmost urgency; and if he will make a statement on the matter. [15085/13]
View answerThe Deputy will be aware that the allocation of Garda resources, including accommodation, is a matter for the Garda Commissioner. I have been informed by the Garda authorities that legal issues have arisen in relation to the occupation of a number of properties at the location referred to by the Deputy. I also understand that legal advice has been sought in relation to these issues and, accordingly, it would not be appropriate for me to comment in relation to the matter.
407. Deputy Clare Daly asked the Minister for Justice and Equality the regulations protecting the owners of properties from rogue auctioneers who do not achieve the best price for the asset; and if he has any plans to improve legislation and regulation in this regard. [15086/13]
View answerThe Property Services (Regulation) Act 2011 established the Property Services Regulatory Authority to control, supervise and regulate Property Services Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents). Any person wishing to provide a property service must be licensed by the Authority and meet certain minimum qualification standards. The new PSRA licensing system came into effect on 6 July 2012. A key role of the Authority is to set and enforce standards in the provision of property services by auctioneers, letting agents and property management agents and to provide redress mechanisms for consumers of those services. The Authority administers a system of investigation and adjudication of complaints and investigates all complaints where it is alleged that a Property Services Provider has engaged in improper conduct. All such complaints must be made in writing and a complaint form is available on the Authority's website www.psr.ie.
Where, on completion of an investigation, the Authority is satisfied that the property services provider has engaged in improper conduct, it may impose any of the following sanctions:
- issue a reprimand, warning, caution or advice to the property service provider;
- revoke the property service provider's licence;
- suspend the property service provider's licence for a specified period;
- direct the property service provider to pay:
- up to €50,000 to the Property Services Compensation Fund;
- up to €50,000 to the Authority towards the cost of the investigation;
- up to €250,000 to the Authority by way of a financial penalty, or
- any combination of the foregoing.
408. Deputy Joe McHugh asked the Minister for Justice and Equality if he will review the road safety value of a regular Gardamobile safety camera van checkpoint (details supplied) in County Donegal; if he appreciates that this location is the safest point for overtaking on the 25 kilometre R238 route that connects Derry City and Buncrana; if he will communicate with the appropriate authorities regarding this location with a view to ensuring that the best road safety outcomes are served; and if he will make a statement on the matter. [15112/13]
View answerI have sought a report from the Garda authorities on the matter referred to and will write to the Deputy when the information is to hand.
409. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he has considered the possibility of an earned regularisation scheme for undocumented immigrant workers living here; if he has considered revisions to employment legislation to protect these undocumented workers should they suffer breaches of employment law and regulations in the course of their work; and if he will make a statement on the matter. [15174/13]
View answer448. Deputy Kevin Humphreys asked the Minister for Justice and Equality his plans to examine, consider or introduce an earned regularisation scheme for undocumented immigrants living here; and if he will make a statement on the matter. [15176/13]
View answerI propose to take Questions Nos. 409 and 448 together.
There are no current plans to engage in any form of blanket regularisation of migrants who are unlawfully in the State. It is the responsibility of all non EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality. Most migrants do in fact comply with this condition and obey the State's immigration laws. Clearly, all illegal immigrant cases are not the same and must be dealt with on a case by case basis taking account of their individual circumstances. At one end of the scale are those where the person's illegal status is through no fault of their own and indeed the Department continue to deal with cases of this nature on an ongoing basis. However there are also much more egregious instances of immigration abuse, often at considerable expense to the State and it does not follow that such persons should profit from their conduct.
At EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases. In our case there are also considerations based on maintaining the integrity of the Common Travel Area with the UK which must be taken into account.
In looking at cases as they arise, among the issues that would be relevant to the outcome would be the circumstances in which the person became undocumented, the length of time they have been in that situation, their prospects of being able to gain lawful employment without being a drain on the financial resources of the State such as the welfare, health, housing and education areas, along with the more general considerations applicable to immigration decisions, including any family related rights they may have in the context of the European Convention on Human Rights. Sometimes case by case consideration will result in a positive outcome for the applicant. However, in other cases this may result in a decision by the Irish authorities, subject to the oversight of our Courts, that the person has to go home. That decision should be respected.
The Deputy may be aware that employment legislation in respect of immigrants is a matter for the Minister of Jobs, Enterprise and Innovation. I understand his Department is currently developing new legislative proposals in the area of work permits to ensure inter alia that an employer may not benefit from the illegality of the contract of employment where they are found culpable in not ensuring a valid employment permit was in place for the employee concerned.
410. Deputy Finian McGrath asked the Minister for Justice and Equality his views on whether the recent increase in property registration fees is another form of property tax in view of the fact that the average home went from €525 to €815 which is approximately a 55% increase; and if he will make a statement on the matter. [15344/13]
View answerLand Registry fees become payable on the making of an application for registration of title or for the other searching, inspection and copying services provided by the Property Registration Authority. The Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012), which came into effect on 1 December 2012, introduced new fees for Land Registry services. Section 21(2) of the Registration of Deeds and Title Act 2006 provides that registration fees shall not be fixed at a level calculated to produce an annual amount which is less than that sufficient to discharge the operational cost and expenses under the Act, i.e. fees are to be set at a level sufficient to meet the full cost associated with Property Registration Authority services.
It should be noted that the land registry fees had not been adjusted since 2000, which was a key reason for the need for a significant increase in the level of charges to ensure that the fees cover the cost of Property Registration Authority services. Notwithstanding the fact that Land Registry fees are paid into and disposed of for the benefit of the Exchequer, they constitute payment for the registration and other services provided by the Authority and the State-guaranteed title that results from registration and are not, therefore, a tax.
411. Deputy Gerry Adams asked the Minister for Justice and Equality if the GRA and AGSI have access to the LRC or the Labour Court for the purposes of resolving industrial relations issues; the legislation under which this is governed; if he has any plans to change the situation; and if he will make a statement on the matter. [15369/13]
View answerAt a sectoral level, the Garda Conciliation and Arbitration Scheme provides a framework for the resolution of industrial relations issues between Garda management, my Department and the Department of Public Expenditure and Reform on the one hand and representatives of the Garda associations on the other hand. The scheme covers industrial relations issues such as pay, allowances, terms and conditions and other matters. The scheme, which is similar to schemes operating elsewhere in the public service, provides for a Conciliation Council, an Arbitration Board and an Adjudicator and covers all ranks of the Garda Síochána up to and including the rank of Chief Superintendent. There are limited provisions in legislation under which members of An Garda Síochána have access to the Labour Relations Commission and the Labour Court, namely the Safety, Health and Welfare at Work Act 2005 and the Payment of Wages Act 1991. There are no plans to change the situation.
412. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of cells in each institution here; the number that accommodate two, three, four or more prisoners; the current levels of overcrowding within each prison with reference to the safe levels of custody on each prison as identified by the Inspector of Prisons; and if he will make a statement on the matter. [14687/13]
View answerThe information requested by the Deputy will require some time to collate. I will forward the information to the Deputy as soon as it is available.
413. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of prisoners in total and in each institution that are at present in custody; the number required to slop out; the number required to use normal toilet facilities in the presence of others; the number that are sole occupants of a cell that has a normal flush toilet installed or have access at all times to normal private toilet facilities; and if he will make a statement on the matter. [14688/13]
View answerThe information requested by the Deputy will require some time to collate. I will forward the information to the Deputy as soon as it is available.
