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Thursday, 9 May 2013

Written Answers Nos. 153-160

Local Authority Housing

Questions (153, 154)

Noel Harrington

Question:

153. Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government the number of housing offers in each of the councils that were refused in 2012; and if he will make a statement on the matter. [22119/13]

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Noel Harrington

Question:

154. Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government the number of housing offers in each of the councils that a housing unit was refused more than once; the number of refusals for that unit in 2012; and if he will make a statement on the matter. [22120/13]

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Written answers

I propose to take Questions Nos. 153 and 154 together.

My Department does not hold information on the number of refusals of social housing offered by housing authorities. The issue of refusals is dealt with through the allocation schemes made by each housing authority as required under Section 22 of the Housing (Miscellaneous Provisions) Act 2009, and Regulations made thereunder (the Social Housing Allocation Regulations 2011), which set out the conditions that housing authorities must take into account when making their allocation schemes. The making and amendment of such an allocation scheme is a reserved function of the elected members of each housing authority.

Under the 2011 Regulations , where a household refuses two reasonable offers of accommodation within a continuous 12 month period , that household will not be considered by any local authority for social housing support for a period of 12 months from the date of the second refusal. In such cases, the household remains on the list but is excluded from consideration for offers of accommodation for the 12 month period. During this time, the household is not entitled to accrue any benefit from being on the list for priority purposes.

In addition, the 2011 Regulations allow a housing authority to opt for a Choice-Based Letting approach to allocations in its allocation scheme. Choice- Based Letting is a method that can be used for the allocation of social housing which is designed to offer more choice and involvement for applicant households in selecting a new home , thereby reducing the likelihood of a refusal.

Fuel Laundering

Questions (155)

Brendan Griffin

Question:

155. Deputy Brendan Griffin asked the Minister for Justice and Equality if the Criminal Assets Bureau will start to seize lands where green diesel is being washed; and if he will make a statement on the matter. [21964/13]

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Written answers

The Criminal Assets Bureau is a statutory body established under the Criminal Assets Bureau Act 1996.

The remit of the Bureau is to target those persons who seek to derive benefit from criminal activities. In carrying out this role the Bureau utilises all available legal remedies, primarily those contained in the Proceeds of Crime legislation, Taxes legislation and Social Welfare legislation, to deprive persons of benefits obtained from the proceeds of crime.

I can inform the Deputy that under the Proceeds of Crime legislation the Bureau is empowered to seize the proceeds of crime irrespective of the manner in which it is held, whether in cash, back accounts or property. However, no power of forfeiture exists under the Proceeds of Crime legislation in respect of land by virtue of the fact that criminal conduct is being engaged in on the property itself.

Any decision by the Bureau to seek to apply the Proceeds of Crime legislation to particular assets is an operational matter for the Bureau and the requirements of the Proceeds of Crime legislation must be established to the satisfaction of the Court in each case.

Firearms Licences

Questions (156)

Andrew Doyle

Question:

156. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will outline in tabular form, the number of new firearms' licences issued on a county-by-county and year-by-year basis from 2007 to present; the number that have been renewed and have lapsed during the same period; and if he will make a statement on the matter. [21903/13]

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Written answers

As it has not been possible to compile the information requested by the Deputy in the time available, I have asked the Garda Commissioner for a report on the matter and will write to the Deputy when it becomes available.

Deportation Orders

Questions (157)

Bernard Durkan

Question:

157. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will reconsider the recently issued deportation order against a person (details supplied) in Dublin 7;; and if he will make a statement on the matter. [21931/13]

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Written answers

The person concerned applied for asylum on 8th April, 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended) the person concerned was informed by letter dated 9 September 2005, that the 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 Minister setting out the reasons why he should be allowed to remain temporarily in the State.

Representations were submitted on behalf of the person concerned and he was given leave to remain for one year until 18th April 2012.

On the 21st February, 2012, a formal 'take back' request was received from the United Kingdom (UK) in respect of the person concerned in accordance with the provisions of Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was accepted by Ireland and the person concerned was formally transferred from the UK to Ireland on 19th September 2012.

A Deportation Order was signed in respect of him on 18th April 2013. I am satisfied that the case of the person concerned was fairly and comprehensively examined following a thorough examination of his asylum claim and of his application to remain in the State. The person concerned is due to present to the Garda National Immigration Bureau on 14th May, 2013. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

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.

Naturalisation Applications

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to update Garda National Immigration Bureau Card which is due to expire on 13 June 2013 in the case a person (details supplied) in County Louth who has already submitted an application for naturalisation for which a decision is pending [21941/13]

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Written answers

The person concerned was granted permission to remain in the State for an initial 2 year period on stamp 4 conditions from 13 June 2005, under the revised arrangements for the non-EEA national parents of children born in Ireland prior to January, 2005, commonly known as the IBC/05 Scheme. The permission to remain was renewed regularly and is currently valid until June 2013. Full details of the procedure for renewals of permission granted under the IBC/05 Scheme for the calendar year of 2013 can be found on the website of the Irish Naturalisation and Immigration Service (INIS) (www.inis.gov.ie).

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 this 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.

Auctioneering Licences

Questions (159)

Joe McHugh

Question:

159. Deputy Joe McHugh asked the Minister for Justice and Equality with reference to the licensing of auctioneers who operate in livestock marts, if he will give due consideration to marts in Gaeltacht regions; his views on whether professional indemnity insurance requirements for such commercial operations should take into account the fact that marts do not provide advice to purchasers but instead facilitate sales and purchases; if he will try to identify a less bureaucratic way of securing tax clearance compliance than via the method currently envisaged; and if he will make a statement on the matter. [21974/13]

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Written answers

The Property Services Regulatory Authority is responsible for the control and regulation of Property Services Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents). Under the Property Service (Regulation) Act 2011, all Property Services Providers (including auctioneers in livestock marts) are required to hold a licence from the Authority. I am advised by the Authority that it is not aware of any specific issues arising in respect of livestock marts in Gaeltacht regions.

Any person wishing to hold a Property Services Provider licence is required under the Act to have professional indemnity insurance. In addition, the Act provides that the Authority shall not issue a licence to any person who does not hold a Tax Clearance Certificate. Insofar as tax clearance is concerned, the Act also requires that all of the Directors of a body corporate must provide the Authority with copies of their Tax Clearance Certificates. As such, these are statutory requirements and the Authority has no discretion in the matter. It might be noted that the procedures for obtaining a Tax Clearance Certificate are entirely a matter for the Office of the Revenue Commissioners.

Courts Service Issues

Questions (160)

Michelle Mulherin

Question:

160. Deputy Michelle Mulherin asked the Minister for Justice and Equality if he will consider increasing and updating scale costs for District Court actions in view of the increase in the jurisdiction of the District Court which is proposed; and if he will make a statement on the matter. [21994/13]

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Written answers

As the Deputy is aware, costs in the District Court are generally determined by fixed scales which are directly related to the jurisdiction limit of the Court. Any proposals to revise the schedule upwards, following the enactment of the Courts Bill 2013, would be a matter for the District Court Rules Committee to consider in the first instance.

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