Written Answers Nos. 517-536
517. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will provide in tabular form the number of bicycles in the Garda cycle unit per station; the number of Gardaí entitled to use them in each station; and if he will make a statement on the matter. [23702/13]
View answerThe provision and deployment of Garda resources, including bicycles, is a matter for the Garda Commissioner in the context of his identified operational requirements. I am advised by the Garda authorities that the full information requested by the Deputy is not readily available and could not be compiled without a disproportionate use of resources. However, I am informed that the current breakdown of bicycles by Garda Region and the number of Garda personnel trained to use them are provided in the following table:
|
Region |
No. of Mountain Bikes |
No. of Personnel Trained |
|
Dublin Metropolitan Region |
179 |
400 |
|
Northern Region |
41 |
115 |
|
Southern Region |
90 |
260 |
|
Eastern Region |
54 |
148 |
|
Western Region |
51 |
169 |
|
South Eastern Region |
45 |
106 |
|
Total |
460 |
1198 |
518. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the consultation that has taken place on the Legal Services Regulation Bill. [23719/13]
View answerConsultations in relation to the Legal Services Regulation Bill have been ongoing since its publication in November 2011 as a key structural reform under the EU/IMF/ECB Memorandum of Understanding. A wide range of stake-holders have now provided views on the Bill reflecting its modern balance of interests between those of the legal professions and those of business or private clients who avail of legal services. This process has included the very detailed Second Stage debate of the Bill which took place from 16 December 2011 to 23 February 2012. The following July, in supporting discussion of the Bill, my Department hosted a conference on "Regulatory Reform for a 21st Century Legal Profession" with guest speakers from home and abroad who shared their experiences of legal sector reform including the Legal Services Commissioner of New South Wales and the Chief Executive of the Legal Services Board for England and Wales. In terms of written submissions, I have received just under 50 since publication of the Bill representing nearly 30 interested parties along with dozens of individual letters from concerned members of the public and practitioners and the formal observations of other Government Departments. The submissions have come from a wide range of bodies including the main legal professional bodies and associations, academics, civil liberties and human rights organisations, private businesses and government entities. For their part, the Law Society, the Bar Council and the King's Inns have provided substantive views which are among those to which consideration continues to be given. In addition, over the past 18 months both I and my officials have, together and separately, had meetings with various interested groups and bodies. Alongside those representing the legal professions, these have included such entities as the Competition Authority, the Consumers' Association and the Committee of Heads of Irish University Law Schools. The fruits of these ongoing consultations and submissions will be reflected in the amendments I intend to make to the Bill at Committee Stage in July and I have already identified a number of specific areas of the Bill where this will be the case. As I have previously announced, amendments to the Bill will be made available for consideration prior to the commencement of Committee Stage and, pending that event, I continue to encourage, receive and consider submissions on the Bill.
519. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the average waiting time for an equality tribunal hearing to be heard. [23721/13]
View answerThe Deputy should note that as of 1 January 2013 the responsibility for the Equality Tribunal was transferred to the Minister for Jobs, Enterprise and Innovation as part of the ongoing reform of the State's employment rights and industrial relations structures. The Equality Tribunal is independent in the exercise of its quasi-judicial function and has jurisdiction to investigate and decide upon complaints of discrimination under the Employment Equality Acts, the Equal Status Acts and the Pensions Acts. The Equality Tribunal also provides a statutory mediation service. The Equality Tribunal is one of the front-line services directly affected by the current turbulence in the labour market. I am informed that the average waiting time for a hearing at the Equality Tribunal is approx. 129 weeks. However, in cases where the complainant and respondent opt for mediation, a mediation hearing is arranged in less than 3 months of initial lodgement of the complaint. The Minister for Jobs, Enterprise and Innovation believes it is essential that there are efficient and effective mechanisms to develop harmonious and productive workplaces and to assist employers and employees to avoid and resolve disputes. I understand that Minister Bruton proposes to establish a two-tier Workplace Relations structure. This means that from next year two statutorily independent bodies will replace the current five. There will be a new single body of first instance to be called the Workplace Relations Commission and a separate appeals body, which will effectively be an expanded Labour Court. All complaints will be dealt with by a single body of first instance where the aim will be to have a hearing within three months from the time the case is lodged.
520. Deputy Patrick O'Donovan asked the Minister for Justice and Equality in view of the decision taken by the Shannon Airport Authority to allow farming organisations to cut grass on property owned by it to help alleviate fodder shortages in the local area, if he will ask those agencies, companies, authorities, boards and so on who come within his remit to consider similar initiatives on suitable public lands owned by them in conjunction with representatives of local farming organisations; and if he will make a statement on the matter. [23772/13]
View answerI wish to inform the Deputy that many of the agencies/associated bodies under the remit of my Department do not have property that would give rise to the benefit that he describes. I will, however, arrange to bring to the attention of those agencies/associated bodies that might have such property the decision of Shannon Airport to allow farming organisations to cut grass on property owned by the airport in order to help alleviate fodder shortages in the local area and to ask them to consider similar initiatives on suitable public lands owned by the agencies/associated bodies in conjunction with representatives of local farming organisations.
521. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding an asylum application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [23779/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Family Reunification application made on his behalf by his father on 26 November 2012. The application was forwarded to the Office of the Refugee Applications Commissioner (ORAC) for investigation as required under Section 18 of the Refugee Act 1996. On completion of the investigation by ORAC a report of the findings will be provided by the Commissioner to INIS and the application will be considered. Queries in relation to the status of individual immigration cases 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.
522. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding a free legal aid application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23791/13]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. Under Section 7(3) of the Act, I am precluded from exercising any power or control in relation to any particular case with which the Legal Aid Board is or may be concerned. The Deputy might further wish to note that the solicitor/client relationship is protected by privilege in accordance with the terms of Section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. Finally, while I can advise the Deputy that a person who is refused legal aid has the right to appeal this decision to an Appeal Committee which is made up of non-executive members of the Board, again I have no role in this process.
523. Deputy Simon Harris asked the Minister for Justice and Equality if he will outline in tabular form, the amount of travel and subsistence, both foreign and domestic, claimed individually by each Minister and Minister of State and Secretary General in his Department, for each year in the period 2005 to March 2011; and if he will make a statement on the matter. [23820/13]
View answerTravel and Subsistence claimed by Ministers, Junior Ministers and Secretaries General in the period 2005 to March 2011 is as follows:
|
- |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
|
Sean Aylward Secretary General |
€9,493 |
€2,246 |
€9,180 |
€8,712 |
€8,386 |
€5,494 |
€1,567 |
|
Michael McDowell |
€36,960 |
€3,166 |
- |
- |
- |
- |
- |
|
Frank Fahy Minister of State (29th Dail) |
€33,461 |
€35,712 |
€21,882 |
- |
- |
- |
- |
|
Brian Lenihan (30th Dail) |
- |
- |
-- |
€3,341 |
- |
- |
- |
|
Sean Power Minister of State (30th Dail) |
- |
- |
€15,546 |
€25,451 |
- |
- |
- |
|
Conor Lenihan Minister of State (30th Dail) |
- |
- |
€7,167 |
€22,264 |
€12,190 |
- |
- |
|
Dermot Ahern (30th Dail) |
- |
- |
- |
- |
€1,218 |
€389 |
- |
524. Deputy Simon Harris asked the Minister for Justice and Equality if he will outline in tabular form, the number of staff appointed by each Minister and Minister of State in his Department or constituency office and their relevant costs including travel and subsistence, in each year for the period 2005 to March 2011; and if he will make a statement on the matter. [23836/13]
View answerNumber of staff appointed by Ministers and Junior Ministers and their relevant costs for the period 2005 to 2011 are as follows.
|
Minister |
- |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
|
Minister Michael McDowell (29th Dail) |
Staff |
2 |
3 |
4 |
- |
- |
- |
- |
|
- |
Cost |
€95,677 |
€153,630 |
€202,689 |
- |
- |
- |
- |
|
Frank Fahey, Minister of State |
Staff |
3 |
3 |
3 |
- |
- |
- |
- |
|
- |
Cost |
€85,051 |
€100,396 |
€74,010 |
- |
- |
- |
- |
|
Minister Brian Lenihan, (30th Dail) |
Staff |
- |
- |
3 |
3 |
- |
- |
- |
|
- |
Cost |
- |
- |
€105,106 |
€101,917 |
- |
- |
- |
|
Sean Power, Minister of State |
Staff |
- |
- |
1 |
1 |
- |
- |
- |
|
- |
Cost |
- |
- |
€23,193 |
€19,024 |
- |
- |
- |
|
Conor Lenihan, Minister of State |
Staff |
- |
- |
2 |
2 |
2 |
- |
- |
|
- |
Cost |
- |
- |
€15,912 |
€75,937 |
€37,847 |
- |
- |
|
Minister Dermot Ahern (30th Dail) |
Staff |
- |
- |
- |
4 |
4 |
4 |
4 |
|
- |
Cost |
- |
- |
- |
€200,376 |
€325,944 |
€278,477 |
€321,630 |
525. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality when the vacant position of community garda will be filled at a Garda Station (details supplied) in County Wicklow; and if he will make a statement on the matter. [23879/13]
View answerThe Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. I have been informed by the Garda Commissioner that, as of the 30 April 2013, the latest date for which figures are readily available, the personnel strength of the Wicklow Garda Division was 334 with 33 Gardaí assigned to Arklow Garda Station. Of these, one member is specifically assigned to Community Policing duties. However, all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise.
526. Deputy Terence Flanagan asked the Minister for Justice and Equality the frequency of Garda patrols taking place on Talbot Street, Amiens Street, Abbey Street and O'Connell Street, Dublin; and if he will make a statement on the matter. [23884/13]
View answerI am informed by the Garda authorities that the area concerned is within the Store Street sub-district and is subject to twenty-four hour policing patrols. In this regard, policing measures are in place to address difficulties experienced by local residents in relation to public disorder and anti-social behaviours. These include the designation of certain areas as ‘hotspots’ for such activities and the provision of additional high-visibility patrols, including regular patrols by uniform and plain-clothes units, including the Community Policing and Garda Mountain-Bike Units, local Detective and Drug Unit personnel, supplemented as required by Divisional Crime Task Force and Traffic Corps personnel. I am also advised that a High Visibility Policing Plan is in place for the Dublin Region, including the Dublin City catchment area, which results in dedicated high-visibility patrols in key commercial and public thoroughfares at strategic times, as dictated by crime-trends and foot-fall for the areas in question. This initiative is closely monitored by local Garda Management and is continually reviewed to ensure it targets prevailing trends and meets the needs of the community. Garda strategy is further supported by policing initiatives including Operation Stilts which are designed to address the incidence of drug related anti-social behaviour and theft. The objective of Operation Stilts is to intensively police affected areas such as the North Quays, Boardwalk, and adjacent streets to prevent and disrupt the activities of individuals involved in anti-social behaviour and drug related offences. Local Garda Management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. I am advised that the situation will be kept under review.
527. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a comprehensive reply and response to correspondence (details supplied) regarding taxing masters; and if he will make a statement on the matter. [23974/13]
View answerAs the Deputy may be aware, taxing masters are independent office holders attached to the High Court. The positions of the Taxing Master and their offices are governed by the Courts Officers Act 1926 and the Courts (Supplemental Provisions) Act 1961. Their powers and duties are governed by the Courts (Supplemental Provisions) Act 1961 and the Courts and Court Officers Act 1995. There are currently two Taxing Masters who perform functions of a judicial nature in respect of legal costs with the aim of establishing a fair relationship between the services rendered and the cost of those services. In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that the waiting time for taxation of a bill is currently 12 weeks. I am informed that a number of measures have been introduced in the Taxing Masters' Office to tackle backlogs including improved scheduling of cases and practitioners have been informed that all requisite documentation is to be lodged at the commencement of the taxation process. It has also been necessary to inform parties that taxation cannot be completed due to the requisite documentation not being lodged or where proofs are not in order. I am informed that the Senior Taxing Master has indicated to practitioners that he will take any application for urgent taxation and regularly does so. In addition, he has indicated that any complaints by practitioners regarding delay should be brought to his direct attention. The Deputy may also be aware that the Legal Services Regulation Bill 2011 provides for the establishment of a new Office of the Legal Costs Adjudicator which will deal with disputes about legal costs. The new Office, headed by a Chief Legal Costs Adjudicator, will modernise the way disputed legal costs are adjudicated with greater transparency. The Office will be empowered to prepare Legal Costs Guidelines. It will establish and maintain a publicly accessible Register of Determinations which will include the outcomes and reasons for its determinations about disputed legal costs. The Bill is scheduled for Committee Stage during July.
528. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if all of the modules of the Morris Report will be published in view of the Garda Ombudsman's recent assertions that the recommendations of that tribunal have not been implemented by An Garda Síochána. [23975/13]
View answer529. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he is satisfied that the recommendations arising from the Morris tribunal have been implemented in full be An Garda Síochána. [23976/13]
View answerI propose to take Questions Nos. 528 and 529 together.
The Morris Tribunal completed its work in 2008 and produced a total of eight reports. All eight reports have been published and are available electronically at www.morristribunal.ie and on my Department's website, www.justice.ie. As the Deputy is no doubt aware, the passage of the Garda Síochána Act was the main response from Government to implement the recommendations from the Morris Tribunal. That Act clarified the respective roles and responsibilities of the Minister and the Garda Commissioner and provided for the strengthening of the regulatory framework governing the Garda Síochána, including the establishment of Garda Síochána Ombudsman Commission and the Garda Síochána Inspectorate. I assume that the Deputy is referring to issues arising in the recent report of the Ombudsman Commission into the use of informants by the Garda Síochána. The first report of the Morris Tribunal recommended that there should be a periodic independent audit of Garda informant handling procedures by an outside authority, with power to make inspections and see documents and to monitor and review the informer management system. In December 2010 my predecessor as Minister, at the request of the then Garda Commissioner, appointed retired High Court judge, Mr. Justice Thomas Smyth, as the Independent Covert Human Intelligence Sources Oversight Authority. The functions assigned to Mr. Justice Smyth are to review and monitor the use within An Garda Síochána of Covert Human Intelligence Sources; to ensure compliance with the code of practice of An Garda Síochána for the management and use of Covert Human Intelligence Sources; to communicate any matters, he considers appropriate, including recommendations, to the Commissioner of An Garda Síochána and report to the Minister at such intervals, being intervals of not more than twelve months, on discharge of his functions. The most recent report of Mr Justice Smyth, which I have already put in the public domain, stated that he was satisfied than An Garda Síochána were in substantial compliance with the code of practice. I have indicated that I will publish such reports in the future. I am satisfied that the recommendations arising from the Morris Tribunal have been addressed in this regard by An Garda Síochána. The Deputy will be aware that the GSOC has also submitted recommendations inter alia, with regard to the management of Covert Human Intelligence Sources and these will, of course, be considered fully.
530. Deputy Andrew Doyle asked the Minister for Justice and Equality when he expects the Annual Reports for the Judicial Appointments Advisory Board to be published for the years 2011 and 2012; when they will be made available on the JAAB website; and if he will make a statement on the matter. [24005/13]
View answerSection 20A of the Courts and Court Officers Act 1995 requires the Judicial Appointments Advisory Board to report in writing to the Minister on its activities for the previous year no later than six months after the end of each year. I received the 2011 report on 28 June 2012 and, as required by law, I made arrangements to lay it before the Houses of the Oireachtas on 5 July 2012. I have made enquiries regarding the report's publication on the Board's website and have been informed that recent technical difficulties with that website have been resolved and the report is now available. I am also advised that the Board's Annual Report for 2012 will be furnished to me next month.
531. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of entitlement to extension of Stamp 3 visa in the case of a person (details supplied) in County Dublin who came to Ireland from New Mexico, USA, is a US citizen and who is now in a relationship with an Irish citizen for the past two years; and if he will make a statement on the matter. [24045/13]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made an application to remain in the State based on her de facto partnership with an Irish national on 14 March 2013. Applications are dealt with in chronological order and this particular application will be dealt with very shortly. Queries in relation to the status of individual immigration cases 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.
532. Deputy Róisín Shortall asked the Minister for Justice and Equality with regard to persons who are aggrieved about the conduct of legal representatives or medical witnesses in Children Court cases, if he will outline the options open to them to pursue complaints in view of the in-camera rule; and if he will make a statement on the matter. [24056/13]
View answerAs the Deputy will be aware, the conduct of any court case is a matter entirely for the presiding judge who is, subject only to the constitution and the law, independent in the exercise of his or her judicial functions. Where the conduct that is the source of grievance is conduct which is alleged to be unprofessional, a complaint would lie to the professional body concerned. Sections 40(6) and (7) of the Civil Liability and Courts Act 2004 provide for recourse to material relating to, or information of evidence given in, proceedings heard other than in public, for the purposes of a statutory inquiry into professional misconduct. Therefore, neither the fact that a case is before the Children Court, nor the fact that it is being held in camera, would prevent a complaint being made to the professional body or bodies responsible for the conduct of the legal, medical or other professional involved. In relation to lawyers, as the Deputy would be aware, the disciplinary bodies concerned would be the Law Society or the Bar Council. A medical expert or practitioner would be subject to the complaint and disciplinary structures of the relevant branch of the medical profession under which he or she is represented. In dealing with such complaints the disciplinary bodies concerned would have to be cognisant of their obligations arising from the fact that they are dealing with matters that have arisen before the Children Court and were subject to the in camera rule. The Deputy will wish to be aware that the Legal Services Regulation Bill 2011, which is due to commence Committee Stage shortly, will establish a new, independent Legal Service Authority with responsibility for the oversight of both solicitors and barristers. There will be a new complaints system to deal with complaints about professional misconduct independent of both the Law Society and the Bar Council backed up by a Legal Practitioner’s Disciplinary Tribunal. Members of the public who wish to make complaints will no longer do so through the Law Society or the Bar Council but through the new Legal Services Regulatory Authority.
533. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality further to Parliamentary Question No. 154 of 8 May 2013, if he will detail the number of children who were abducted and where the Hague Convention was invoked have been sent back to the jurisdiction where they were taken from, either Ireland in the cases of children taken out of this State or other countries in cases where the children were brought here; and if he will make a statement on the matter. [24087/13]
View answerThe Central Authority for Child Abduction operates in my Department for the purposes of, among other international instruments, the Hague Convention on the Civil Aspects of International Child Abduction. The Convention is designed to ensure the return of children who have been removed from one contracting state to another. The information requested by the Deputy is set out below:
|
Year |
Children brought to the State and returned to their habitual residence |
Children taken out of the State and returned to the State |
Total |
|
2010 |
24 |
39 |
63 |
|
2011 |
23 |
34 |
57 |
|
2012 |
34 |
12 |
46 |
|
2013 |
8 |
11 |
19 |
The Deputy should note the following in relation to the above figures, these figures relate to the number of children, not applications, whose parents were subject of a Court Order to return their children plus those who agreed to voluntarily return the children. In addition to the above, it should be noted that some applications are withdrawn and others are resolved by other arrangements including access. The figures quoted also reflect the number of children whose return was invoked under the Hague Convention and the relevant EC Regulation which enhances the provisions of the Convention and these figures include children from both non-EU and EU member states. Further details are available on my Department’s website at: www.justice.ie/en/JELR/Pages/International_child_abduction.
534. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of personal insolvency practitioners who are currently authorised in the State to provide services pursuant to the Personal Insolvency Act 2012. [24126/13]
View answer535. Deputy Pearse Doherty asked the Minister for Justice and Equality if there is a plan or target for end of June 2013 for the number of personal insolvency practitioners authorised in the State to provide services pursuant to the Personal Insolvency Act 2012; and if so, the way such targets will be achieved and the way targets are monitored; and if he will make a statement on the matter. [24127/13]
View answer536. Deputy Pearse Doherty asked the Minister for Justice and Equality further to Parliamentary Question No. 204 of 24 April, 2013 if he will estimate the number of personal insolvency practitioners required to service 15,000 personal insolvency applications, 3,000 to 4,000 applications for debt relief notices and 3,000 bankruptcy applications in a 12 month period. [24128/13]
View answerI propose to take Questions Nos. 534 to 536, inclusive, together.
As I indicated in my reply to Question No. 204 of 24 April 2013, it is difficult to ascertain the likely demand on the Insolvency Service of Ireland (ISI). There are currently no persons authorised to practice in the State as personal insolvency practitioners (PIPs). The public will be informed in advance when the ISI are ready to process such applications, which it is anticipated will be in the coming weeks. I am advised by the ISI that there are currently no target for the number of PIPs, and the numbers authorised will very much depend on the interest of persons wishing to become PIPs. However, I can inform the Deputy that, of the over 1,200 telephone and email contacts which the ISI has received since it launched its Information Campaign, almost one third of these were from persons interested in becoming PIPs. In order to apply to become a PIP, an applicant must be a solicitor, barrister, a qualified accountant, a qualified financial advisor, or must hold a qualification in either law, business, finance or other appropriate similar qualification to the satisfaction of the ISI recognised to at least level 7 of the National Qualifications Framework. All potential applicants, in addition to their existing professional qualifications, will have to demonstrate evidence of the applicant's satisfactory knowledge of the provisions of the Personal Insolvency Act 2012 and the law generally as it applies to the insolvency of individuals and in particular statutory provisions relating to such persons. I am advised by the ISI that the professional bodies, such as the Law Society, the Institute of Bankers and the accountancy bodies have begun relevant training courses. Interest in these courses has been high, and I understand that some bodies will be running more courses in the coming months.
