Written Answers Nos.430-446
430. Deputy Andrew Doyle asked the Minister for Justice and Equality if the Secretary General of his Department, for the purpose of transparency and accountability, will publish his diary on the Department's website on a monthly basis. [19968/13]
View answerI wish to advise the Deputy that there are currently no plans to publish the diary of the Secretary General on the Department's website.
431. Deputy Andrew Doyle asked the Minister for Justice and Equality the professional qualifications and requirements that are required of a personal insolvency practitioner; and if he will make a statement on the matter. [19979/13]
View answer437. Deputy Pearse Doherty asked the Minister for Justice and Equality the safeguards that exist to ensure that personal insolvency practitioners act in an independent manner, particularly in view of the fact that PIPs will be constantly dealing with the same creditor banks where familiarity may undermine independence. [20026/13]
View answerI propose to take Questions Nos. 431 and 437 together.
The independent role played by Personal Involvency Practitioners (PIPs) will be critical to the success of the new debt solutions under the Personal Insolvency Act 2012. A PIP will have to be free from any undue influence, guidance or control by any other person that could prevent or hinder their performance of their functions under the Act. Therefore it is important that we provide a strong regulatory framework that will cover the control and supervision of individuals who will provide services under the provisions of the Personal Insolvency Act.
All 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 Insolvency Service of Ireland will shortly publish the Regulations under Section 161 of the Act in regard to the authorisation and regulation of personal insolvency practitioners. The Regulations will set out the necessary criteria in regard to qualifications. 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. The qualifying criteria for becoming a practitioner will be rigorous and will be based on a series of important considerations such as educational and professional qualifications, relevant knowledge and experience, and the completion of a course of study - by passing an exam - on the laws and practice generally, as they apply in the State, in relation to the insolvency of individuals and knowledge of the Act. Applicants will also have to demonstrate to the satisfaction of the Insolvency Service that they are fit and proper persons, that they are financially sound, and that they have the organisational capability and the resources to carry on the practice of being a practitioner. They will have to hold professional indemnity insurance as well as being tax compliant.
Where a person has concerns that improper conduct by a PIP has occurred or is occurring, they may make a complaint in writing to the Insolvency Service. The Act provides that the Insolvency Service, following receipt of a complaint, or of its own volition, may investigate any improper conduct by a PIP. This may result in the suspension or revocation of the authorisation of the personal insolvency practitioner or the imposition of sanctions in accordance with the Act.
432. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will provide the full list of active and currently serving peace commissioners in an area (details supplied) in County Wicklow; the date of each of their appointments by him and his predecessors; and if he will make a statement on the matter. [19995/13]
View answerMy officials are collating the information which will be forwarded to the Deputy in the coming days.
433. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of eligibility for residency in the case of a person (details supplied) in County Monaghan; and if he will make a statement on the matter. [20007/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 21st May, 2010, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for subsidiary protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
434. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will review the decision to refuse a visa application in respect of a person (details supplied). [20008/13]
View answerThe visa application referred to by the Deputy was received in the Visa Office, Dublin on 5 December 2012. Following full consideration, the Visa Officer decided to refuse the grant of the visa on 8 February 2013.
The decision to refuse was appealed on 22 March 2013 and was upheld by an appeals officer on 18 April 2013.
The visa appeals officer did not consider that the person concerned provided sufficient evidence of her obligations to return following a visit to Ireland and had concerns that she would not observe the conditions of a visa were it to be approved. It was noted that on a previous occasion that she did not comply with the conditions of her visa and overstayed by 10 days.
It is open to the person concerned to make a new application should she so wish. Where doing so, the applicant should be in a position to address the reasons for the refusal.
Guidelines regarding the visa application procedure are available on the website of the Irish Naturalisation and Immigration Service - www.inis.gov.ie. Queries in relation to general immigration matters 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.
435. Deputy Pearse Doherty asked the Minister for Justice and Equality his plans to introduce an amendment to the Criminal Justice (Public Order) 2011 Act following the ruling in the cases (details supplied) which imposes a requirement on An Garda Síochána to establish that begging is taking place without legal authorisation before an arrest can be made, and in the case of foreign nationals, this requirement makes the legislation unworkable if a translator is required; and if he will make a statement on the matter. [20023/13]
View answerI should say at the outset that the judgment of White J. in the DPP v Rostas & Anor relates to the conduct of prosecutions for offences under the Criminal Justice (Public Order) Act 2011, rather than the arrest of persons under the Act. A member of An Garda Síochána may continue to arrest a person whom he or she suspects, on reasonable grounds, or having committed an offence under sections 2 or 3 of the Act.
Having said that, my Department is in the process of preparing an amendment to the Criminal Justice (Public Order) Act 2011 that would reverse the burden of proof in relation to this issue and I would hope to be in a position to bring forward that amendment in the near future.
436. Deputy Pearse Doherty asked the Minister for Justice and Equality the budget and head count for the Insolvency Service of Ireland for 2013, 2014 and 2015. [20024/13]
View answerThe Insolvency Service of Ireland budget for 2013 is €7.398 million. The budgets for 2014 and 2015 have not yet been determined.
The expected staffing level of the Insolvency Service of Ireland is 91. It is anticipated that recruitment for the Service will be completed during the second quarter of 2013 and is being carried out as expeditiously as possible.
438. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will provide in tabular form the number of appeals waiting to be heard at the Supreme Court classified according to the year in which the appeal was allowed. [20027/13]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of statistics, is a matter for the Courts Service. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that because of the automatic right of appeal to the Supreme Court, there is no procedure whereby the Court considers an appeal in order to make a decision on its admissibility. Under the Rules of the Superior Courts, appeals must be lodged within 21 days of receipt of the High Court order.
The table below sets out the number of appeals lodged and disposed of annually for the last 5 years which can also be found in the Courts Service annual reports for the years in question.
|
Year |
Appeals lodged |
Appeals disposed |
|
2012 |
605 |
255 |
|
2011 |
499 |
258 |
|
2010 |
466 |
309 |
|
2009 |
499 |
341 |
|
2008 |
443 |
334 |
* the disposal figures include appeals withdrawn on consent without a formal court hearing.
439. Deputy Micheál Martin asked the Minister for Justice and Equality if he will set out in tabular form the number of gardaí assigned to each Garda station in Dublin as of February 2011 and February 2013; and if he will make a statement on the matter. [20108/13]
View answerI have been informed by the Garda Commissioner that the personnel strength of each Garda Station in the Dublin Metropolitan Region on 28 February 2011 and 2013 was as set out in the table hereunder:
|
Station |
28/02/11 |
28/02/13 |
|
Blackrock |
98 |
82 |
|
Dundrum |
75 |
74 |
|
Stepaside |
30 |
35 |
|
Cabinteely |
39 |
39 |
|
Dalkey |
31 |
Closed 2012 |
|
Dun Laoghaire |
108 |
100 |
|
Kill O Grange |
29 |
24 |
|
Shankill |
59 |
65 |
|
Balbriggan |
69 |
68 |
|
Garristown |
3 |
2 |
|
Lusk |
7 |
10 |
|
Rush |
5 |
Closed 2012 |
|
Skerries |
11 |
10 |
|
Ballymun |
126 |
118 |
|
Dublin Airport |
22 |
31 |
|
Santry |
82 |
102 |
|
Whitehall |
44 |
Closed 2012 |
|
Coolock |
119 |
111 |
|
Malahide |
37 |
36 |
|
Swords |
85 |
76 |
|
Clontarf |
79 |
72 |
|
Howth |
38 |
42 |
|
Raheny |
75 |
64 |
|
Bridewell |
175 |
174 |
|
Fitzgibbon Street |
115 |
|
|
Mountjoy |
100 |
207* |
|
Store Street |
284 |
267 |
|
Crumlin |
107 |
98 |
|
Sundrive Road |
76 |
67 |
|
Rathmines |
69 |
63 |
|
Terenure |
105 |
98 |
|
Rathfarnham |
75 |
74 |
|
Tallaght |
199 |
188 |
|
Donnybrook |
130 |
119 |
|
Irishtown |
51 |
50 |
|
Kevin Street |
158 |
142 |
|
Kilmainham |
81 |
78 |
|
Harcourt Tce |
82 |
Closed 2012 |
|
Pearse Street |
261 |
309 |
|
Blanchardstown |
195 |
163 |
|
Cabra |
70 |
85 |
|
Finglas |
121 |
117 |
|
Ballyfermot |
100 |
92 |
|
Clondalkin |
100 |
97 |
|
Rathcoole |
28 |
25 |
|
Lucan |
80 |
72 |
|
Ronanstown |
95 |
93 |
*members assigned to Fitzgibbon St are still assigned there but working from Mountjoy Station while refurbishments are being carried out on Fitzgibbon St Station.
440. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality his plans to ensure that women who have children by surrogacy are afforded maternity leave; and if he will make a statement on the matter. [18831/13]
View answerAs I have previously stated in recent parliamentary questions, I am presently engaged in the preparation of a Family Relationships and Children Bill, which will among other matters, deal with parentage issues arising from surrogacy.
The current position is that surrogacy is not recognised in Irish law and maternity leave is not available to women whose children are born through a surrogacy arrangement. However the birth mother of such a child born in Ireland is entitled to maternity leave and mothers who adopt children are entitled to adoptive leave.
441. Deputy Michael P. Kitt asked the Minister for Justice and Equality if approval has been given for a phone texting alert system in community alert schemes; and if he will make a statement on the matter. [20184/13]
View answerI am informed by the Garda authorities that text alert systems may be used by Gardaí, via Community Alert or other such groups, to alert the community in relation to suspicious activity or vehicles in their area, appeal for information, inform the community about road closures or to provide crime prevention advice.
I am advised that the matter of the management of text alert systems in Community Alert schemes is currently being considered by An Garda Síochána in conjunction with stakeholder organisations such as Muintir na Tíre, Neighbourhood Watch and the Irish Farmers Association, with a view to identifying an appropriate model which could be rolled out nationally.
442. Deputy Charles Flanagan asked the Minister for Justice and Equality if he has already received or, if not, if he will request as a matter of urgency the report of the formal review by the Garda serious crime review team into a murder inquiry (details supplied) in 1985 in County Offaly; and if he will make a statement on the matter. [20250/13]
View answerI am advised by the Garda authorities that the examination surrounding the circumstances of the death of Father Niall Molloy is almost complete and that a report of this examination is expected to be submitted to the Commissioner sometime in May. Upon receipt of a report from the Commissioner I will review the situation.
I understand that the officers carrying out the examination are continuing to keep the family members of the deceased updated on progress. While I fully appreciate the concerns of the family, in any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account.
Therefore, I hope that the Deputy will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion.
443. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of an application for subsidiary protection in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [20254/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 17th July, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The judicial review proceedings were struck out on 8th February, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.
The person concerned submitted an application for subsidiary protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
444. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of debtors of the National Asset Management Agency being investigated by An Garda Síochána following referral by NAMA arising from submissions by the debtors; and if he will make a statement on the matter. [20291/13]
View answerI am informed by the Garda authorities that two complaints regarding the matter referred to by the Deputy are under investigation at the Garda Bureau of Fraud Investigation.
The Deputy will appreciate that as these matters are under investigation it would not be appropriate for me to comment further at this time.
445. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality the reason Ireland has not signed the Istanbul Convention to date; the plans afoot to sign the convention; and if he will make a statement on the matter. [20310/13]
View answerAs I stated in my reply to PQ No. 53776/12 of 4 December, 2012, Ireland supports, in principle, the aims and terms of the Council of Europe Convention on preventing and combating violence against women and domestic violence. Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, an executive office within my Department, actively contributed to all stages of the drafting process in relation to the Convention. That process took place over a period of almost two years.
The detailed provisions of the Convention and the legislative and administrative arrangements that would be necessary to allow signature and ratification of the Convention by Ireland are being examined in conjunction with the government commitment to consolidate and reform domestic violence legislation. However, I have been advised that Article 52 on emergency barring orders presents a particular difficulty in relation to property rights under the Irish constitution. I propose to consult again with the Attorney General’s Office in relation to the legal difficulty relating to Article 52 and other issues. The matter will then be submitted for decision of the Government on the issue of signature of the Convention.
I am informed that 29 Council of Europe member states have signed the Convention and four have ratified it. It has not yet entered into force as this requires at least ten member states to ratify it.
446. Deputy Finian McGrath asked the Minister for Justice and Equality his views on correspondence regarding a case of suspected fraud (details supplied). [20318/13]
View answerI am informed by the Garda authorities that local Garda management is aware of the matter referred to by the Deputy. The matter is being fully investigated and enquiries are ongoing.
The Deputy will appreciate that as that matter is under investigation it would not be appropriate for me to comment further at this time.
