Written Answers Nos. 162 - 168
162. Deputy Robert Dowds asked the Minister for Justice and Equality if the criteria for recording of burglary offences for purposes of national crime statistics has been altered in the past four years; and if so, in what way have they been altered and the rationale for the alteration. [21703/13]
View answerI am informed by the Garda authorities that no instructions were issued in the past four years to alter the criteria for recording burglary offences. I am further informed that burglary offences are recorded in compliance with the General Crime Counting Rules which are published by the CSO on www.cso.ie as Technical Notes in the Background Information section in each of its Quarterly Recorded Crime Reports. These notes explain when a crime is captured on PULSE.
163. Deputy Robert Dowds asked the Minister for Justice and Equality the reason for the 22% reduction in the number of Garda summonses in the first three months of 2013 compared to the first three months of 2012. [21704/13]
View answerThe Deputy will appreciate that there are many factors affecting the number of summonses, which relate in the main to less serious summary offences, issued at any point in time. These factors include the underlying level of offending as well as the use being made of the various alternatives to prosecution which exist. Caution should also be exercised of course in seeking to interpret or draw any firm conclusions with respect to figures relating to such a short period of time. I have, however, asked the Garda authorities for a report on their assessment of these figures and will contact the Deputy again when this is to hand.
164. Deputy Michael McGrath asked the Minister for Justice and Equality the form the personal insolvency register will take; the information it will contain; if it will be published on the web and if persons remain on the register indefinitely. [21735/13]
View answerUnder Section 133 of the Personal Insolvency Act 2012, the Insolvency Service of Ireland (ISI) is required to maintain registers for Debt Relief Notices (DRNs), Debt Settlement Arrangements (DSAs), Personal Insolvency Arrangements (PIAs) and Protective Certificates. The Act states that the Registers must be made available for public inspection. I am advised by the ISI that the Registers will be in electronic format and will be available to view via the ISI website, www.isi.gov.ie. It is intended that only the necessary information will be recorded on the various Registers to fulfil their function. A debtor's name, address, year of birth and the date of the arrangement coming into effect will be recorded on the Register. The Registers will also contain contact details for Personal Insolvency Practitioners and the ISI.
I am aware of the need to add further relevant provisions in regard to the operation of the Registers and my Department, in consultation with the Office of the Attorney General, is preparing the necessary amendments for approval by Government and presentation to the Oireachtas in the very near future. It is intended that the relevant amendments will be incorporated in the Courts Bill 2013 which is presently being processed through the Houses of the Oireachtas. It is the intention that where a debtor has successfully completed an arrangement, his/her details will be removed from the public Registers.
165. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 416 of 26 March 2013, the reason for the delay in collating and issuing the information requested. [21739/13]
View answerI wish to inform the Deputy that, while the delay in providing the information is regretted, the collation of this information requires a significant amount of staff time and effort. However, I will write directly to the Deputy within the next week on the matter.
166. Deputy Clare Daly asked the Minister for Justice and Equality if he will give details of the way that the Irish Central Authority dealt with a case (details supplied) under the Hague Convention; and the action, if any, he now intends to take. [21760/13]
View answerAs the Deputy will appreciate, it would not be appropriate for me to comment on individual cases that may have been the subject of an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Such applications are facilitated by the Central Authority for International Child Abduction which is part of my Department. Decisions on the outcome of such applications rest with the Courts of the relevant jurisdiction and not with the Central Authority.
167. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if his attention has been drawn to a practice (details supplied) in County Meath; if he will outline the rights of these residents; and if he will make a statement on the matter. [21779/13]
View answerThe position is that the Multi-Unit Developments Act 2011 contains provisions which are primarily intended to facilitate the fair, efficient and effective management of owners' management companies (OMCs). Section 18 of the 2011 Act requires OMCs to establish and maintain a scheme of annual service charges from which they may discharge expenditure incurred on the provision of common or shared services to the owners and occupiers of residential units in the development, including insurance, waste management and security services. The service charge must be calculated on a transparent basis and be equitably apportioned between the residential unit owners. In order to ensure transparency and accountability, both the annual service charge and the services to be provided must be approved by a general meeting of the members of the OMC. Section 18 also provides that the owner of each residential unit is under an obligation to pay all service charges levied under the Act. As regards the recovery of unpaid service charges, section 22 of the Act provides that they may be recovered by the OMC as a simple contract debt in a court of competent jurisdiction, i.e normally the District Court.
168. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of cases taken before the courts of residents vs management companies in the years 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [21780/13]
View answerThe Courts Service has advised me that the information sought by the Deputy is not available since court records are not maintained in a manner which identifies the parties according to the types of proceedings involved.
