Written Answers Nos. 489-508
489. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the tax claimable allowances available under the non-principal private residence scheme; and if this has differed between the 2012 and 2013 scheme. [25770/13]
View answerThe Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The self-assessed Charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties. The legislative basis for the Non-Principal Private Residence Charge, as set out in the amended 2009 Act, has not altered from 2012 to 2013. A person in receipt of rental income is assessed for income tax on the basis of allowable expenses incurred in earning those rents. What constitutes an allowable expense is set out in the Tax Acts. I understand from the Revenue Commissioners that the Charge is not on the list of allowable items in those Acts and therefore it is not an allowable expense in computing taxable rental income. Queries concerning changes to the wider tax code which may impinge on the Non-Principal Private Residence Charge should be directed to the Minister for Finance.
491. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he will clarify if persons who have not paid the non-principal private residence tax will be pursued for back payments if they now register a second adjoining property for the local property tax; and if he will make a statement on the matter. [25840/13]
View answerThe Local Government (Charges) Act 2009 broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The self-assessed charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties. Under the Act, it is a function of a local authority to collect the Non-Principal Private Residence Charge.
Section 11 of the 2009 Act provides for the sharing and exchange, among certain public bodies and local authorities, of information which local authorities may reasonably require for the purpose of enabling them to perform their functions under the Act, including the identification of liable properties and their owners. Local authorities will continue to work to maximise compliance with the 2009 Act. Clearly, in cases where liability for the Non-Principal Private Residence Charge does not arise, owners will not be pursued.
492. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government further to him extending the smoky coal ban to towns in County Wicklow effective 1 May 2013, if he intends banning smoky coal in other areas (details supplied) in view of its proven health benefits; and if he will make a statement on the matter. [25854/13]
View answerIn April 2012, I announced a public consultation to inform and assist a review of the smoky coal ban. Following a review of submissions received under this process, I gave effect to new consolidating solid fuel regulations, the Air Pollution Act (Marketing, Sale, Distribution and Burning of Specified Fuels) Regulations 2012 (S.I. No. 326 of 2012). These Regulations introduced a number of improved and updated provisions to ensure that the smoky coal ban remains fit for purpose in safeguarding air quality by limiting harmful emissions of air pollutants arising from the use of residential fuels.
The Regulations extended the smoky coal ban to seven new towns with effect from 1 May 2013. The ban now applies in all towns with a population greater than 15,000 people. Greystones is among the towns added to the ban and the Greystones ban area includes the adjoining village of Delgany. Maps of all smoky coal ban areas are available on my Department’s website at the following link: www.environ.ie/en/Environment/Atmosphere/AirQuality/SmokyCoalBan/.
Air quality monitoring by the Environmental Protection Agency (EPA) has shown that air quality is poorer in towns where the smoky coal ban does not apply. However, smaller smoky coal ban areas tend to be less effective, with residents living inside smaller ban areas more easily able to source smoky coal being sold outside the ban area. As such, the further extension of the ban to smaller towns on an individual basis may not be the best approach.
Notwithstanding the regulatory improvements brought about by the new Regulations, I recognise that having different standards applying to coal between larger urban and smaller urban/rural locations is not ideal, as it results in different levels of environmental protection and clean air benefits for people across these different locations. While I have set the challenging target of introducing a ban on smoky coal across the State within the next three years, I fully recognise the cross-border enforcement difficulties arising, if a national ban is introduced unilaterally in the South rather than on an all-island basis.
With this in mind, I announced on 6 May that a joint North-South study is being commissioned, in collaboration with the Northern Ireland Department of the Environment, to examine emissions from residential heating, and in particular, air pollution from residential smoky coal in both jurisdictions and the potential policy options to reduce such emissions. A more effective alignment of solid fuel policy and legislation on an all-island basis would support the introduction of a nationwide smoky coal ban. In addition to the clean air benefits, a nationwide ban would facilitate more effective enforcement, promote broader regulatory compliance and help to eliminate black market activities.
493. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the number of dealings with various groups, Irish or otherwise, his Department has had regarding the Citizens Initiative; if he will detail the process his Department has in the verification of signatures; and if he will make a statement on the matter. [25855/13]
View answerThe European Union (Citizens’ Initiative) Regulations 2012 put in place the arrangements necessary for the implementation in Ireland of the European Union Citizens Initiative. They designate the Minister for the Environment, Community and Local Government as the Competent Authority for the certification of online collection systems and the verification and certification of Statements of Support. In order to be eligible to support a citizens’ initiative, signatories of Statements of Support are required to be citizens of the Union and old enough to be entitled to vote in elections to the European Parliament. The Regulations provide that the register of European Electors and related registration records may be examined to assess the eligibility of signatories and the validity of data provided by signatories in Ireland.
To date, no initiative has arisen requiring the verification and certification of Statements of Support in Ireland. Other than general telephone queries my Department has had no dealings with any group in relation to the European Union Citizen’s Initiative.
494. Deputy Emmet Stagg asked the Minister for the Environment, Community and Local Government the reason for the delay in approving a lease grant (details supplied). [25858/13]
View answerAn estimated programme allocation of €370m is available under the Rural Development Programme (RDP) 2007-2013 for allocation to qualifying projects up to the end of 2013. There are 35 Local Action Groups contracted, on my Department’s behalf, to deliver the RDP throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with Departmental operating rules and EU regulations.
Projects that request funding of €150,000 or more are required to seek final approval from my Department. The assessment of higher value projects (projects with a grant approval of €150,000 or more) usually involves detailed consultations between my Department and the relevant local development company. It frequently necessitates the provision of further documentation or clarifications. It may also, in some instances, result in modifications to the project proposed to ensure best value for money and compliance with all the necessary regulations, both national and European, governing the activities funded under the programme. These assessments also consider whether the project as proposed addresses the needs of the local community in the best possible way. A number of queries have recently been clarified by the relevant LDC with regard to the project referred to in the Question and in this context I would envisage that a decision on the project will be communicated to the LDC shortly.
A full and detailed assessment of all projects is essential. Currently, the LEADER activities are co-financed by the European Union at a rate of 85% and, accordingly, come within the remit of a strict regulatory regime which requires that each project must be compliant before any funding is awarded by the LEADER companies.
495. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government the funding options available through his Department which may be available to support a project (details supplied) in County Meath. [25880/13]
View answerAn estimated programme allocation of €370m is available under Axis 3&4 (LEADER) of Rural Development Programme (RDP) 2007-2013 for allocation to qualifying projects up to the end of 2013. The programme aims to support the diversification of the rural economy and improve the quality of life in rural areas. Measures under the programme can provide funding for both rural tourism initiatives and initiatives that facilitate the conservation and upgrading of the rural heritage. In this context the project referred to in the Question could, in principle, be eligible for funding under the RDP.
There are 35 Local Action Groups contracted, on my Department’s behalf, to deliver the RDP throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with Departmental operating rules and EU regulations. Contact details for LDCs can be found on my Department’s website at www.environ.ie.
496. Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government the amount of funding that has been allocated to purchase the derelict house beside Collooney wastewater treatment plant, County Sligo; and if he will make a statement on the matter. [25890/13]
View answerMy Department has no responsibility for, or role in, the management, maintenance or operation of wastewater treatment plants. Water services authorities, in this case Sligo County Council, are responsible for the provision of water services. I understand the property referred to in the Question is owned by Sligo County Council.
498. Deputy Paschal Donohoe asked the Minister for the Environment, Community and Local Government if any review of the derelict sites legislation has been conducted by his Department since 2011; and if he will make a statement on the matter. [25922/13]
View answerI am chairing the National Co-ordination Committee on Unfinished Housing Developments to oversee implementation of the Report of the Advisory Group on Unfinished Housing Developments, together with the Government’s response to the recommendations. The Committee includes representatives from the Irish Banking Federation, local authorities, the Housing and Sustainable Communities Agency, NAMA and the construction sector. Real progress is being made with regard to the public safety works required to improve the living conditions of existing residents on some unfinished estates and the Committee is meeting on a regular basis to oversee this effort.
As part of this process a Legislative Review Group has been established. Its remit is to review legislation, including the Derelict Sites Act 1990, with a view to assessing the various legislative provisions governing this area, and to make recommendations for strengthening or amending provisions to take account of the issues associated with unfinished developments, where necessary. In regard to the Derelict Sites Act 1990 the Group concluded that the legislation continues to serve its intended purpose.
499. Deputy Seán Kenny asked the Minister for Justice and Equality his plans to increase the fees to get vehicles that have been seized by An Garda Síochána returned; the last time these fees were increased; and if he will make a statement on the matter. [25537/13]
View answerI am informed by the Garda authorities that the charges referred to by the Deputy are currently provided for under the Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011. These Regulations fall within the remit of my colleague the Minister for Transport, Tourism and Sport and I understand that they came into operation on 15 September 2011.
500. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will examine if it will be appropriate or possible to amend the legislation that established the Property Services Regulatory Authority to allow existing property managers who are in business to retain their licence to operate if they have at least 120 ECTS credits and are working to get the 240 credits required by the legislation in order to maintain employment in the economy. [25576/13]
View answer501. Deputy Patrick Nulty asked the Minister for Justice and Equality if he intends to amend the legislation that established the Property Services Regulatory Authority to allow existing businesses which are in operation and have been registered for at least two years between 2007 and 2012 to continue to operate provided they are tax compliant. [25577/13]
View answerI propose to take Questions Nos. 500 and 501 together.
The Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012 pursuant to the Property Services (Regulation) Act 2011. One of the main statutory functions of the PSRA is the licensing of property service providers, i.e. auctioneers, letting agents and property management agents. The Authority is independent in the performance of its functions.
The 2011 Act provides for the licensing of all persons engaged in the provision of property services. Applicants for a Property Services Provider's licence must meet certain minimum qualification requirements before a licence can be granted, namely minimum academic qualification or appropriate experience.
Under the minimum academic qualification requirement a person must have obtained 120 ECTS credits in a range of specified subjects. The appropriate experience requirement means that a person must be able to demonstrate to the Authority that they have been lawfully engaged in the provision of the property service, for which they have been seeking a licence, for three of the five years immediately preceding the making of their application. The Authority also has the discretion to consider both academic qualifications and experience together as qualifying a person where the applicant does not individually meet the specific academic and experience requirements. Full details of the qualifications requirements are set out in the Property Services (Regulation) Act 2011 (Qualifications) Requirements 2012 (S.I. No. 181 of 2012), made by the PSRA. The Regulations provide that a licence applicant should have 120 ECTS in specific subjects to be academically qualified, or provide appropriate evidence of experience in the provision of the property service for which the licence is sought.
I have no plans at this time to amend the Property Services (Regulation) Act 2011.
502. Deputy Dominic Hannigan asked the Minister for Justice and Equality if his attention has been drawn to the mother and baby home that was formerly on Leeson Street, Dublin 2; the reasons it is not a part of the Mr. Justice Quirke redress process; his plans that this home be included; and if he will make a statement on the matter. [25893/13]
View answerThe Government decision of 19 February relates to Magdalen Laundries which were examined by the Inter-Departmental Committee set up to establish the facts of State involvement. Judge Quirke has been asked to advise on a Scheme of supports for the women who were in these Magdalen laundries. There were a wide variety of institutions which had laundries run by different religious congregations and no decision has been made to include them all within the scope of the Magdalen Scheme. As regards the specific institution referred to by the Deputy, mother and baby homes do not come within the remit of my Department or the Government decision of 19 February.
503. Deputy Niall Collins asked the Minister for Justice and Equality the current size of the board of the Irish Film Classification Office; the current number of vacant positions; the number of vacancies that have arisen since March 2011; if these positions were publically advertised; the details and qualifications of those who have filled the vacancies; and if he will make a statement on the matter. [25075/13]
View answer504. Deputy Niall Collins asked the Minister for Justice and Equality the current size of the board of the Classification of Films Appeal Board; the current number of vacant positions; the number of vacancies that have arisen since March 2011; if these positions were publically advertised; the details and qualifications of those who have filled the vacancies; and if he will make a statement on the matter. [25076/13]
View answerI propose to take Questions Nos. 503 and 504 together.
The Irish Film Classification Office does not have a Board. The Head of the Office is the Director of Film Classification. The post of Director of Film Classification is a statutory one, provided for under Section 2 of the Censorship of Films Act 1923, as amended by the Civil Law (Miscellaneous Provisions) Act 2008.
In accordance with Section 3 of the Censorship of Films Act 1923, as amended, the Classification of Films Appeal Board has nine members. The term of office of the Classification of Films Appeal Board expired on 21 April 2013 so there are currently nine vacancies on the Board. These positions were publicly advertised on 1 March 2013 on both my Department's website and on the website of the Public Appointments Service. The closing date for receipt of expressions of interest in those positions was 22 March 2013. I expect to be in a position to announce appointments to the Classification of Films Appeal Board in the near future.
505. Deputy Niall Collins asked the Minister for Justice and Equality if he will outline, in tabular form, the number of films appealed to the Classification of Films Appeal Board per annum from 2000 to 2012; the number of appeals upheld per annum from 2000 to 2012; the number of appeals denied from 2000 to 2012; the total fees charged per annum for appeal; and if he will make a statement on the matter. [25077/13]
View answerThe information requested by the Deputy is set out in the Table hereunder. I should note that from 1 January 2000 to 31 March 2004, the prescribed fee for an appeal was IR£5 per appeal (or its subsequent euro equivalent), which was to be refunded if the appeal was successful. In accordance with the Video Recordings Act 1989 (Fees) Regulations 2004 (S.I. No. 113 of 2004), from 1 April 2004 the prescribed fee for an appeal has been €1,000, which is also refundable if the appeal is successful. Accordingly the total fee income in respect of appeals set out in the Table below is the fee income in respect of those appeals which were denied in each year.
|
YEAR |
NO. OF APPEALS |
APPEALS UPHELD |
APPEALS DENIED |
TOTAL FEE INCOME |
|
2000 |
6 |
3 |
3 |
IR£15 |
|
2001 |
6 |
3 |
3 |
IR£15 |
|
2002 |
3 |
1 |
2 |
€13 |
|
2003 |
4 |
1 |
3 |
€19 |
|
2004 |
1 |
0 |
1 |
€1,000 |
|
2005 |
1 |
1 |
0 |
0 |
|
2006 |
1 |
0 |
1 |
€1,000 |
|
2007 |
3 |
2 |
1 |
€1,000 |
|
2008 |
2 |
1 |
1 |
€1,000 |
|
2009 |
4 |
4 |
0 |
0 |
|
2010 |
1 |
0 |
1 |
€1,000 |
|
2011 |
0 |
0 |
0 |
0 |
|
2012 |
3 |
3 |
0 |
0 |
506. Deputy Niall Collins asked the Minister for Justice and Equality the number of assistant classifiers in the Irish Film Classification Office in 2000, 2005, 2010 and 2013; the number of vacancies; his plans for the positions; and if he will make a statement on the matter. [25078/13]
View answerAssistant Classifiers in the Irish Film Classification Office are appointed in accordance with Section 2(1)(a) of the Censorship of Films (Amendment) Act 1992. Their principal function is to assist the Director of Film Classification in the performance of his or her functions. Following the death of one serving person in late April 2013, there are currently six persons who serve as Assistant Classifiers in the Irish Film Classification Office. The equivalent numbers of persons serving as Assistant Classifiers (previously known as Assistant Censors) in the years in question are set out in the Table below. It is planned to advertise later this year for expressions of interest from qualified persons to potentially serve as Assistant Classifiers in the future.
|
Year |
No. of persons serving as Assistant Classifiers |
|
2000 |
8 |
|
2005 |
11 |
|
2010 |
9 |
|
2013 |
7 (currently 6) |
507. Deputy Niall Collins asked the Minister for Justice and Equality if he will outline in tabular form the number of films classified by the Irish Film Classification Office per annum from 2000 to 2012; the rank of classification per annum from 2000 to 2012; the number of films banned by the IFCO per annum from 2000 to 2012; the total fees charged per annum for classification from 2000 to 2012; and if he will make a statement on the matter. [25079/13]
View answerThe information requested by the Deputy is set out in the Tables below. It might be noted that the 16 certificate was introduced by the then Film Censor in 2004, which is the reason for the extra classification category from 2004 onwards.
Table 1: Films classified by the Irish Film Classification Office, 2000 - 2012, by rank of classification.
|
Year |
G |
PG |
12PG |
15PG |
18 |
Total No. of Films classified |
|
|
2000 |
20 |
21 |
29 |
72 |
47 |
189 |
|
|
2001 |
27 |
20 |
29 |
75 |
45 |
196 |
|
|
2002 |
17 |
19 |
36 |
73 |
40 |
185 |
|
|
2003 |
11 |
23 |
40 |
91 |
48 |
213 |
|
|
Year |
G |
PG |
12A |
15A |
16 |
18 |
|
|
2004 |
10 |
31 |
61 |
90 |
7 |
50 |
249 |
|
2005 |
14 |
39 |
55 |
71 |
43 |
30 |
252 |
|
2006 |
18 |
36 |
53 |
94 |
42 |
22 |
265 |
|
2007 |
15 |
51 |
46 |
109 |
41 |
22 |
284 |
|
2008 |
21 |
50 |
65 |
86 |
55 |
20 |
297 |
|
2009 |
22 |
50 |
56 |
103 |
57 |
19 |
307 |
|
2010 |
23 |
49 |
66 |
115 |
41 |
23 |
317 |
|
2011 |
37 |
37 |
87 |
87 |
51 |
19 |
318 |
|
2012 |
27 |
33 |
94 |
116 |
52 |
14 |
336 |
Table 2: No. of Films Banned by IFCO, 2000 to 2012.
|
YEAR |
No. of Films Banned |
|
2000 |
0 |
|
2001 |
0 |
|
2002 |
0 |
|
2003 |
1 (overturned on appeal) |
|
2004 |
0 |
|
2005 |
0 |
|
2006 |
0 |
|
2007 |
0 |
|
2008 |
0 |
|
2009 |
0 |
|
2010 |
0 |
|
2011 |
0 |
|
2012 |
0 |
Table 3: Fees Charged by IFCO for Classification of Films, 2000 to 2012.
|
YEAR |
Fees |
|
2000 |
IR£129,900 |
|
2001 |
IR£120,188 |
|
2002 |
€155,355 |
|
2003 |
€167,917 |
|
2004 |
€246,801 |
|
2005 |
€271,340 |
|
2006 |
€206,186 |
|
2007 |
€247,282 |
|
2008 |
€268,542 |
|
2009 |
€286,409 |
|
2010 |
€305,884 |
|
2011 |
€284,507 |
|
2012 |
€271,394 |
508. Deputy Niall Collins asked the Minister for Justice and Equality if he will outline in tabular form the number of videos and DVDs classified by the Irish Film Classification Office per annum from 2000 to 2012; the rank of classification; the number of videos and DVDs banned by the IFCO; the total fees charged per annum for classification from 2000 to 2012; and if he will make a statement on the matter. [25080/13]
View answerThe information requested by the Deputy is set out in the Tables.
Table 1: Videos/DVDs classified by the Irish Film Classification Office, 2000 - 2012, by rank of classification.
|
Year |
G |
PG |
12 |
15 |
18 |
Total No. of Videos/DVDs classified |
|
2000 |
1,478 |
810 |
564 |
1,112 |
588 |
4,552 |
|
2001 |
1,805 |
1,137 |
668 |
1,123 |
597 |
5,330 |
|
2002 |
2,363 |
1,545 |
844 |
1,360 |
574 |
6,686 |
|
2003 |
1,986 |
1,474 |
984 |
1,487 |
573 |
6,504 |
|
2004 |
2,523 |
1,686 |
1,270 |
1,480 |
574 |
7,533 |
|
2005 |
2,916 |
2,522 |
1,733 |
1,869 |
592 |
9,632 |
|
2006 |
3,042 |
2,625 |
1,872 |
1,955 |
432 |
9,926 |
|
2007 |
2,317 |
1,855 |
1,592 |
1,806 |
463 |
8,033 |
|
2008 |
1,977 |
1,891 |
1,659 |
1,915 |
517 |
7,959 |
|
2009 |
1,581 |
1,383 |
1,468 |
1,839 |
419 |
6,690 |
|
2010 |
1,509 |
1,006 |
1,256 |
1,758 |
390 |
5,919 |
|
2011 |
1,353 |
786 |
1,162 |
1,582 |
390 |
5,273 |
|
2012 |
1,163 |
794 |
1,137 |
1,692 |
319 |
5,105 |
Table 2: No. of Videos/DVDs Banned or Prohibited, 2000 to 2012.
|
YEAR |
No. of Videos/DVDs Banned/Prohibited |
|
2000 |
134 |
|
2001 |
26 |
|
2002 |
16 |
|
2003 |
16 |
|
2004 |
1 |
|
2005 |
1 |
|
2006 |
1 |
|
2007 |
5 |
|
2008 |
0 |
|
2009 |
0 |
|
2010 |
1 |
|
2011 |
0 |
|
2012 |
0 |
Table 3: Fees Charged by IFCO for Classification of Videos and DVDs, 2000 to 2012.
|
YEAR |
Fees |
|
2000 |
IR£426,000 |
|
2001 |
IR£500,790 |
|
2002 |
€622,498 |
|
2003 |
€693,196 |
|
2004 |
€1,503,704 |
|
2005 |
€3,587,272 |
|
2006 |
€3,895,580 |
|
2007 |
€2,708,185 |
|
2008 |
€2,488,901 |
|
2009 |
€1,702,670 |
|
2010 |
€1,827,370 |
|
2011 |
€1,385,668 |
|
2012 |
€1,590,762 |
509. Deputy Niall Collins asked the Minister for Justice and Equality if he will outline the timeframe for the appointment of a permanent director of the Irish Film Classification Office; and if he will make a statement on the matter. [25081/13]
View answerI refer the Deputy to my reply to Parliamentary Question 775 on 16th January, 2013. The position remains as stated.
Reply to Parliamentary Question 775 of 16th January, 2013.
The post of Director of Film Classification is a statutory one, provided for under Section 2 of the Censorship of Films Act 1923, as amended by the Civil Law (Miscellaneous Provisions) Act 2008. Section 2(3) of the Censorship of Films Act 1923 as amended provides that whenever the Director of Film Classification is temporarily unable to attend to his duties, or where the office of Director of Film Classification is vacant, the Minister may appoint a fit person to perform the duties of the Director of Film Classification, during such inability or vacancy. Every person so appointed shall during his appointment have all the powers of the Director of Film Classification. In accordance with Section 2(3) of the Act, Mr Ger Connolly, the Deputy Director of Film Classification has been appointed to perform the duties of the Director of Film Classification, on a full time basis, since the retirement of Mr John Kelleher from the position of Director of Film Classification in late 2009. I have no plans to alter this situation at this time.
510. Deputy Niall Collins asked the Minister for Justice and Equality his views on whether existing legislation is a sufficient safeguard for film classification in view of the technological developments in the intervening years in particular online streaming; and, if not, his plans to bring forward legislative proposals to deal with this issue; and if he will make a statement on the matter. [25082/13]
View answerThe Censorship of Films Act 1923 and the Video Recordings Act 1989 remain robust pieces of legislation which enable decisions on classification or prohibition of film and video works to reflect the prevailing standards within the State. Online streaming of films as with most internet content does not fall within the scope of current legislation. The regulation of such online content is complicated by the fact that streamed content may often be provided from servers which are not located in the jurisdiction and therefore are not subject to Irish legislation. However, it might be noted that most copyright holders of film/DVD works submit their product, regardless of mode of delivery, to the Irish Film Classification Office for age classification. Once classified, the age rating and consumer advice for such releases are available on the IFCO website, www.ifco.ie. This is an important tool, particularly for parents/guardians, in assessing the suitability of viewing material.
I have no specific plans for legislative change in this area. The Deputy will be aware that the internet is global in reach and that, as a consequence, there is very limited scope for regulation by national authorities.
511. Deputy Dominic Hannigan asked the Minister for Justice and Equality the reason funding has been reduced to an organisation (details supplied) in County Meath; and if he will make a statement on the matter. [25085/13]
View answerSince 2008, my Department has given grants to a number of local authorities and national organisations to promote the integration of migrants. I understand that Meath County Council chose to pass on their grant to the body referred to in the details supplied where I understand that it went towards staff costs and overheads relating to migrant integration. This funding was always for a year at a time with no commitment to future payments and, with the reduction in Departmental allocations including for migrant integration, grants to local authorities have been discontinued with a few exceptions. Because the amount in the relevant subhead of my Department's Vote in 2012 was otherwise committed, funding for Meath County Council could not be considered last year but an interim payment of €6,000 was made to the Council in December and further interim payments of €12,000 have been made this year. A decision on a further grant will be taken shortly.
512. Deputy Niall Collins asked the Minister for Justice and Equality if he has undertaken any studies of illegal money laundering here; and if he will make a statement on the matter. [25090/13]
View answerMy Department compiled a report on money laundering statistics for 2011 in line with obligations under Article 33 of Directive 2005/60/EC of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. The report is available on the Department's Anti-Money Laundering Compliance Unit's website at http://www.amlcu.gov.ie
513. Deputy Robert Dowds asked the Minister for Justice and Equality his views regarding whether the Garda has sufficient resources to tackle white collar crime in view of the marked decline in the number of convictions for white collar crime offences since 2003, and in view of the Garda Commissioner's response to this Deputy's question on this matter when he appeared before the Dáil Committee of Public Accounts recently; and if he will make a statement on the matter. [25143/13]
View answerI can advise the Deputy that all members of An Garda Síochána may be tasked with investigating crime including incidents of fraud-related white collar crime as appropriate. Specialist assistance is provided by the Garda Bureau of Fraud Investigation (GBFI) where required and I have been assured by the Commissioner that sufficient resources are allocated to the GBFI. In addition, the Criminal Assets Bureau has also been active in targeting the proceeds of deception, fraud, money laundering, bribery and corruption and other types of criminal activity commonly referred to as “white collar crime”.
The conviction rate for any given category of offence relates in the first instance to the outcome of the criminal prosecution process and the Deputy will appreciate that my role does not extend to the bringing of prosecutions, or indeed to the determination of guilt, which is a matter for the courts. In relation to the trends which may be observed from the official crime figures published by the Central Statistics Office, as I have previously observed in responding to the Deputy, it is important to note in interpreting figures for detection and conviction rates that the investigation, detection and prosecution of any offence may take a number of years and the circumstances and complexity of any given case may vary considerably. Great caution should therefore be exercised in comparing, as the Deputy appears to do, conviction rates for offences recorded in 2003 and those recorded up to 2011, which is the latest year for which the CSO have published such detailed data.
However, I am of course concerned to ensure that the investigation and detection of fraud and white collar offences is as effective as it can be and that An Garda Síochána has available to it the necessary legislative and other supports to this end. I continue to attach the highest priority to the full investigation of these offences and bringing the perpetrators of such crimes to justice. Shortly after taking up office I moved urgently to introduce additional legislation in this area which was enacted as the Criminal Justice Act 2011, and provides vital assistance to An Garda Síochána in the completion of current white collar crime investigations as well as providing assistance to them in future investigations. The Garda Commissioner is aware that any further legislative proposals he might have which would assist in the investigation and detection of white collar crime, or of fraud offences generally, will be positively considered by me.
I am briefed on an ongoing basis by the Garda Commissioner on the progress of the major white collar crime investigations which are underway and remain fully confident that An Garda Síochána has the capacity to confront crime in all of its manifestations.
514. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will ensure that a Garda record is amended in respect of a person (details supplied) in County Kerry. [25144/13]
View answerThe Deputy will appreciate that the maintenance and, where necessary, the amendment of Garda records is a matter in the first instance for the Garda authorities. I am informed by the Garda authorities that the matter referred to by the Deputy has been brought to the attention of local Garda management and that it is receiving appropriate attention.
515. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will outline, in respect of banking consumers who suspect that they have been mis-sold financial products in recent years, he has any immediate plans to implement the recommendation of the Law Reform Commission and reform the limitation period applicable to contract law in respect of the Statute of Limitations which may have a bearing on the mis-selling of financial products by financial institutions; and if he will make a statement on the matter. [25146/13]
View answer528. Deputy Joe McHugh asked the Minister for Justice and Equality his views of the mis-selling of payment protection insurance and linked products by all lenders; if he will consider moving the statute of limitations that applies in this respect; and if he will make a statement on the matter. [25558/13]
View answerI propose to take Questions Nos. 515 and 528 together.
The mis-selling of financial products has been a matter of ongoing public concern and has been raised by consumer groups and the media as well as in successive reports of the Financial Services Ombudsman whose Office has previously noted that "the current economic climate has affected many consumers across the range of complaints received, however it is most pointedly seen in the complaints regarding investments products. The main area of complaint with regards to investments is the alleged mis-selling of these policies. This complaint type accounted for over 37% of investment complaints for the period 2007-2010. The majority of complaints relate to the consumers’ contention that they were sold unsuitable products."
More recently, in its bi-annual review for July to December 2012, the Office of the Financial Services Ombudsman has again highlighted the mis-selling of financial products in noting that, "Payment Protection Insurance (PPI) complaints, representing 32% of all insurance complaints in 2012, have increased by 216% on 2011 figures" (from 405 in 2011 to 1280 in 2012), and that, "in general, the main feature of the complaints concern the suitability of PPI for the consumer and the consumer's knowledge or lack thereof that they agreed to and paid for the product in the first instance." I am also aware that the Central Bank has sought a review by banks of the sale of PPI and the refund of customers who could never claim under that insurance as purchased.
While not under the aegis of my Department, the Financial Services Ombudsman was established under the Central Bank and Financial Services Authority of Ireland Act 2004 and became operational on 1 April 2005. It is a statutory body funded by levies from the financial service providers. The Financial Services Ombudsman can investigate, in an impartial and independent manner, complaints from individual customers and small businesses who have unresolved disputes with Financial Service Providers who are either regulated by the Financial Regulator or are subject to the terms of the Consumer Credit Act 1995.
Under current law, the Financial Services Ombudsman may not investigate a matter which occurred more than six years before the complaint is made. This is in line with the limitation period for most civil claims in the courts, including contract. This limitation period is provided for under section 57BX of the Central Bank Act of 1942, as amended by section 16 of the Central Bank and Financial Services Authority of Ireland Act 2004. The relevant provision states:
"(3) A consumer is not entitled to make a complaint if the conduct complained of—
(a ) is or has been the subject of legal proceedings before a court or tribunal, or
(b ) occurred more than 6 years before the complaint is made, or
(c ) relates to a matter that is within the jurisdiction of the Pensions Ombudsman, or
(d ) is of a class prescribed by Council."
I would also point out that the statutory functions of the Financial Services Ombudsman Council include the keeping under review of the efficiency and effectiveness of the Office of the Ombudsman and advising "the Minister for Finance, either at the Minister's request or at its own initiative, on any matter relevant to the Ombudsman's operation". It would seem, therefore, open to the Council to make any relevant recommendations concerning the current limitation period that it considers appropriate to the Minister for Finance - who will be best placed to consider the appropriateness of such a change in relation to overall Government policy as it applies to financial services. I am also aware that a different approach has been taken to this issue in the United Kingdom. While consumers in that jurisdiction must bring complaints to the Financial Ombudsman Service within six months of the final response letter from the business concerned, no limitation period applies to the matters on which the complaints are based.
The Law Reform Commission has made recommendations in relation to enhancing the coherence of the broader limitation of actions regime in its Report on the Limitation of Actions of December 2011 and in relation to the limitation period applicable to contract law which could have a bearing on the matters raised. I will be happy to take account of these recommendations in any proposals for legislation that I may develop on periods of limitation in the future. In relation to directly addressing the issue of mis-selling raised by the Deputies, this will, in the first instance, have to take account of any relevant developments in core sectoral policy between the Office of the Financial Services Ombudsman, its Council, and the Minister for Finance. To date, I have not been made aware of any developments or proposals in this regard. However, I will take the opportunity to raise the Deputies' concerns with my colleague in Cabinet, the Minister for Finance, as regards the policy position of his Department in relation to a change in the limitation period applicable to the mis-selling of financial products.
516. Deputy Pearse Doherty asked the Minister for Justice and Equality the progress made on the various reports requested by his office in relation to a case (details supplied); when they will be published; and if he will make a statement on the matter. [25158/13]
View answerI am informed by the Garda authorities that the investigation into the matter referred to by the Deputy is ongoing. I hope that the Deputy will therefore appreciate that it would be inappropriate for me to comment further at this time.
517. Deputy Dominic Hannigan asked the Minister for Justice and Equality his plans to include homophobic violence in the remit of Cosc; and if he will make a statement on the matter. [25239/13]
View answerCosc, the National Office for Domestic, Sexual and Gender-based Violence, has as its remit domestic, sexual and gender-based violence against the adult population and older people living in the community. Inter-partner violence against members of the gay, lesbian, bisexual or transgender communities is covered under the remit of Cosc and is mentioned specifically on its website under the heading What is intimate partner violence? which states:"IPV is experienced by all nationalities, education levels and ages and can occur in dating relationships, marriages or long term gay or lesbian relationships, often even after the relationship has ended".
Earlier this year Cosc supported a Union of Students of Ireland (USI) nationwide study of students' experiences of harassment, stalking, violence and sexual assault. The study is based on the successful UK Union of Students Hidden Marks survey, and, inter alia, explores the experiences of lesbian, gay, bisexual and transgender students of such violence. The research analysis is currently underway and publication of the full report is expected shortly. However, general violence in the community does not fall under the remit of Cosc. Its prevention and investigation is primarily the responsibility of An Garda Síochána. The Garda Síochána Victims Charter promises to manage cases involving members of the gay, lesbian, bisexual or transgender community with sensitivity and, where appropriate, to refer the individuals involved to a Gay Liaison Officer within the Garda Síochána.
518. Deputy Andrew Doyle asked the Minister for Justice and Equality the number of community gardaí in each Garda station in County Wicklow; the number of vacancies for the positions in each Garda station in the county; and if he will make a statement on the matter. [25261/13]
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 20 Gardaí assigned specifically to Community Policing duties as shown on the table below. There are also 35 Garda Reservists and 21 civilian staff attached to the Wicklow Garda Division. The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise.
|
Station |
Community Gardaí |
|
Bray |
9 |
|
Blessington |
1 |
|
Baltinglass |
1 |
|
Greystones |
5 |
|
Arklow |
1 |
|
Newtownmountkennedy |
1 |
|
Wicklow |
2 |
|
Total |
20 |
519. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to amend the Equal Status Act in order that it will apply to those under 18 years of age; and if he will make a statement on the matter. [25290/13]
View answerUnder Section 3(3) of the Equal Status Acts 2000 to 2012, a person who is less than 18 cannot bring a claim of discrimination on the age ground. Equally, a person who is 18 or over cannot bring a claim of discrimination on the age ground which is based on a comparison with a person aged less than 18. For example, an adult cannot seek children's fare on a bus. I would emphasise, however, that the Acts do apply to discrimination against under 18s based on the other eight grounds. It is, therefore, possible for a young person to bring a claim of discrimination based on race, gender, sexual orientation, membership of the Traveller community etc. Such complaints have in fact been dealt with by the Equality Tribunal. It is not correct to say that the Acts exclude young people.
The Equal Status Act has been amended twice to make changes in the way it impacts on young people. The law was clarified in relation to the regulation of access to licensed premises by persons under 18 years of age and the conditions under which it is permissible to set an age limit for the purchase of liquor higher than 18 years. The Equal Status Act was also amended to apply it to discrimination on the age ground in the provision of motor vehicle insurance to drivers under 18 years of age.
The reason for excluding under 18s from claiming discrimination on the age ground is that 18 is a standard cut-off for access to many services. For example, it is the age of majority, the age at which contractual commitments are fully enforceable, the age for sale of drink, etc. It would be impractical to extend the age ground to under 18s as this would necessitate the provision of an extraordinary number of exemptions within the legislation and would entail a revisiting of virtually every area of the Equal Status Act. It would also mean that, in principle, it would no longer be permissible to give any preference (such as a reduced price) to young people. There are clearly important issues of protection for children involved here. A general application of the age ground to persons under 18 would not be practical or appropriate.
520. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his proposals to amend the Legal Services Regulation Bill 2011 with regard to the appointment of lay persons to the board of the Legal Services Regulatory Authority announced at the recent annual conference of the Law Society; and if he will make a statement on the matter. [25291/13]
View answer521. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if the reported amendments to the Legal Services Regulation Bill 2011 will set out the process, means and criteria by which the Law Society of Ireland and Bar Council of Ireland will select lay members for nomination to the board of the Legal Services Regulatory Authority; and if he will make a statement on the matter. [25292/13]
View answerI propose to take Questions Nos. 520 and 521 together.
The Legal Services Regulation Bill 2011 gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". Furthermore, as a sectoral objective under the EU/IMF/ECB Troika Memorandum of Understanding, it supports the objectives of structural reform, national competitiveness and early economic recovery, building on the relevant recommendations of the Legal Costs Working Group and the Competition Authority. The Bill, which has completed Second Stage, is due to commence Committee Stage in July.
From the outset, and as evident from the provisions of Part 2 of the Bill as published, it is permeated by the principle of lay representation and I will be developing this and other aspects of the Bill further in the course of Committee Stage. It has never been stated or intended that the Law Society or the Bar Council would select lay members of the new Legal Services Regulatory Authority - indeed, this would run contrary to the Bill's policy objective of more independent regulation of the legal professions and of legal costs.
As I have previously indicated in my statement to the House at the closing of the Bill's Second Stage and on numerous occasions since, including more recently at the Law Society, I will be bringing forward amendments to the Legal Services Regulation Bill at Committee Stage to enhance and copper-fasten the independence of appointment of members of the Legal Services Regulatory Authority - a majority of whom shall be lay persons. I will be proposing that this be done by means of nominating bodies among whom will be numerous bodies of relevance to the mandate of the new Regulatory Authority in addition to the legal professional bodies. In a similar vein, I will be enhancing the modalities of appointment of members to the Complaints Committee and of the Legal Practitioners’ Disciplinary Tribunal. I also intend to bring forward an amendment to stagger the appointment of members of the Authority to ensure its continuity and minimise the scope for external interference by a wholesale reconfiguration. Taken together, these amendments will put to rest previously voiced concerns about the independence of the new regulatory regime. As I have previously stated, details of these amendments will be made available in advance of Committee Stage.
522. Deputy Clare Daly asked the Minister for Justice and Equality if any members of An Garda Síochána have been charged and convicted in court with making false statements or perjury and convicted of these allegations; and if so, the names of same and the dates. [25309/13]
View answerThe information sought by the Deputy is not available at present and will be forwarded to the Deputy as soon as possible.
523. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of an application for family reunification in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [25314/13]
View answerBased on the information supplied by the Deputy, I am informed by officials in my Department that there is no record of a current visa application for the purposes of family reunification in relation to the persons referred to. When completing an on-line visa application the applicant is assigned a unique visa transaction number. This detail must be provided where a query on the status or other enquiry regarding a visa application arises. The provision of this unique visa transaction number ensures that accurate and current information is provided to the authorised enquirer. Perhaps if the Deputy could provide the relevant detail to Officials in the Visa Office then an update could be provided.
Comprehensive information on the visa application process is available on the website of the Irish Naturalisation and Immigration Service (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 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.
524. Deputy Derek Nolan asked the Minister for Justice and Equality the number of citizens per year, in each of the years from 2002 until 2012 inclusive, who have renounced their Irish citizenship, by declaration of alienage or otherwise; the broad reasons for same; and if he will make a statement on the matter. [25342/13]
View answer525. Deputy Derek Nolan asked the Minister for Justice and Equality the number of citizens per year, for each of the years from 2002 until 2012 inclusive, who have had their Certificate of Naturalisation revoked by him; the broad reasons for same; and if he will make a statement on the matter. [25343/13]
View answerI propose to take Questions Nos. 524 and 525 together.
Under the provisions of Section 21 of the Irish Nationality and Citizenship Act, 1956 as substituted by Section 7 of the 1986 Act, an Irish citizen of full age who is or is about to become a citizen of another country and is ordinarily resident outside the State, may renounce their Irish citizenship by lodging with me a declaration of alienage in the prescribed manner to that effect. Declarations of alienage are accepted where evidence is provided of acquisition of another citizenship or in a case where another citizenship is already held, cessation of Irish citizenship is effected from date of a declaration. The numbers of those who submitted such a Declaration for the years 2002 to 2012 are 37, 38, 25, 33, 17, 27, 14, 32, 24, 30 and 32 respectively.
Section 19 of the Irish Nationality and Citizenship Act 1956, as amended provides that the Minister may revoke a certificate of naturalisation in certain circumstances principally related to procurement of citizenship by fraud, if the person has lived permanently abroad for a period of 7 years (and not registered with an embassy or consular office abroad) or has acquired citizenship in another country except by way of marriage or entry into a civil partnership. I can inform the Deputy that for the period involved there have been no cases where a Certificate of Naturalisation has been revoked by either myself or my predecessors.
526. Deputy Joanna Tuffy asked the Minister for Justice and Equality if he will report on the finding of inappropriate access to PULSE as outlined in the Annual Report 2012 of the Data Protection Commissioner including steps taken to address this issue subsequent to the report and previously; and if he will make a statement on the matter. [25437/13]
View answerI appreciate the concern of the Data Protection Commissioner that the Garda PULSE system has been accessed by Garda personnel for inappropriate purposes. As the Deputy will be aware, the management of the PULSE system is an operational matter which is undertaken by the Garda Commissioner and the Garda authorities have indicated that they are fully committed to ensuring that the appropriate data protection requirements are met by the Force. This is an area which is the subject of on-going contact between the Garda authorities and the Data Protection Commissioner.
I have been informed that provision has recently been made within An Garda Síochána for the introduction of a comprehensive new system to strengthen the supervision of access to PULSE. This system places specific monitoring responsibilities on Superintendents to require Garda personnel to account for their access, by reference to the business reasons involved. In addition, arrangements have been made under the new structure for access to PULSE to be audited by the Garda Professional Standards Unit in six Garda Districts each month, on a rolling basis. I also understand that the Garda authorities have issued instructions to all members of the Force requiring them to provide in every case a full explanation, in the relevant field, when enquiries are made on the PULSE system.
527. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of personnel allocated to the domestic violence and sexual assault investigation unit of the National Bureau of Criminal Investigation in all years since 2008; his plans to adjust the current number of personnel in the investigative unit; and if he will make a statement on the matter. [25445/13]
View answerThe allocation of all resources, including personnel, within the Force rests with the Garda Commissioner, in consultation with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána. The situation is kept under continuing review to ensure optimum use is made of these resources and the best possible Garda service is provided to the public. I have been informed by the Garda Commissioner that the personnel strength of the Domestic Violence and Sexual Assault Investigation Unit on 31 December 2008 to 2012 and on 23 May 2013, broken down by rank, was as set out in the table.
|
Year |
D/Supt |
D/Insp |
D/Sgt |
Sgt |
D/Gda |
|
23/05/2013 |
1 |
2 |
3 |
1 |
14 |
|
31/12/2012 |
1 |
1 |
4 |
0 |
14 |
|
31/12/2011 |
1 |
2 |
4 |
0 |
14 |
|
31/12/2010 |
1 |
2 |
3 |
1 |
14 |
|
31/12/2009 |
1 |
1 |
1 |
1 |
6 |
|
31/12/2008 |
1 |
1 |
2 |
0 |
8 |
Question No. 528 answered with Question No. 515.
529. Deputy Martin Ferris asked the Minister for Justice and Equality his views on the accident on the N21 at Garryduff Cross, Newcastle West, County Limerick, on 12 September 2010 in which three people lost their lives; if he is satisfied that a full investigation was carried out; and his further views on whether it was acceptable that there were delays of up to ten days in interviewing the driver and three occupants of the car involved which hit the minibus. [25562/13]
View answerI can assure the Deputy I am conscious of the deep distress experienced by the relatives and friends of the deceased in such tragic circumstances. The Deputy will appreciate that I have no direct role in relation to the management of Garda investigations or indeed, the prosecution or trial of charges. I am, however, assured by the Garda authorities that the fatal collision referred to was the subject of a thorough examination by experienced Garda investigators and specialised personnel which included a detailed forensic examination of the scene, the gathering and analysis of witness accounts and technical examination of the vehicles. I am informed that a comprehensive and detailed file was submitted to the Director of Public Prosecutions (DPP) for consideration who, in this case, returned a direction of prosecution of an individual for having no insurance and for failing to produce insurance documents. As the Deputy will appreciate, the DPP is independent in the exercise of prosecutorial functions and I have no role in this regard.
