Written Answers Nos. 889-905
889. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide, in tabular form the annual saving to the Exchequer if all his special advisors' pay was capped at the first point of the principal officer grade; if he will provide a list of all salaries, post-implementation of the Haddington Road agreement paid to his special advisors. [34629/13]
View answerAt the outset I wish to remind the Deputy that public service pay policy is a matter for my colleague the Minister for Public Expenditure and Reform.
In my capacity as Minister for Justice and Equality I have appointed Ms Jane Lehane and Mr. Thomas Cooney as my Special Advisors. They are both paid at the Principal Officer standard scale. At the time of their appointment the salary scale was €80,051-€98,424 and the only increases to their salaries have been by way of normal incremental progression.
Both have progressed to the 3rd point of the scale which would be approximately €6,000 above the 1st point; however, taking account of tax and pension related reductions the net savings to the Exchequer in capping their salaries at the 1st point would be considerably less that that figure.
The application of pay adjustments in accordance with the Financial Emergency Measure in the Public Interest Act has reduced their salary scale to €75,647-€92,550. Restrictions on the payments of increments under the Haddington Road agreement will apply in both cases.
890. Deputy Joe Higgins asked the Minister for Justice and Equality if his attention has been drawn to the allegations of forced human organ harvesting from prisoners in China; his views on whether there is a requirement to bring forward legislation to prevent such organs being used here in any way. [34636/13]
View answerThe issues raised by the Deputy are outside the remit of my Department.
I would refer the Deputy to Questions Nos. 62, 65 and 66 of 10 July 2013 answered by the Tánaiste and Minister for Foreign Affairs and Trade. A copy of the Tánaiste's reply is appended for ease of reference.
In addition, I understand from my colleague, the Minister for Health that the removal of human organs without consent or for payment is an offence under the European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012 - S.I. No. 325 of 2012 - which give effect to an EU directive. Under the regulations, made by the Minister for Health, it is an offence to traffic, harbour, import or export organs contrary to the regulations and the directive. The regulations set out a framework encompassing the establishment of competent authorities, the authorisation of transplantation centres and the establishment of conditions of procurement and systems of traceability. I am also informed that the Department of Health is preparing legislative proposals for a Human Tissue Bill which will set out a detailed consent framework for the removal, donation and use of organs from deceased and living persons for the purpose of transplantation.
Questions Nos. 62, 65 and 66 of 10 July 2013
Question No. 62 (Ref No: 33719/13 Proof: 70)
To ask the Tánaiste and Minister for Foreign Affairs and Trade the position in relation to illegal organ harvesting and trading; the measures taken to ensure that no Irish company, organisation or individual is involved in such practices; the steps taken to outline concerns in this matter to the Chinese authorities, particularly in relation to the treatment of Falun Gong practitioners; and if he will make a statement on the matter.
Question No. 65 (Ref No: 33808/13 Proof: 74)
To ask the Tánaiste and Minister for Foreign Affairs and Trade his views on the position of Falun Gong practitioners in Chinese society.
Question No. 66 (Ref No: 33846/13 Proof: 75)
To ask the Tánaiste and Minister for Foreign Affairs and Trade his views of an a matter regarding forced organ harvesting (details supplied); his plans to bring forward laws that will stop all Irish companies, organisations, persons, physicians and the health services form being accomplices in the heinous crime of organ trafficking; and if he will make a statement on the matter.
Reply:
I propose to take Questions Nos. 62, 65 and 66 together and to make a statement on the matter.
The Government follows closely reports of human rights violations against Falun Gong practitioners, including reported cases of organ harvesting, and is concerned about the situation. Human rights issues, including the treatment of Falun Gong practitioners, are issues discussed regularly with the Chinese authorities during both bilateral and multilateral meetings.
Through the formal framework of the EU-China Human Rights Dialogue, which was established in 1995, the EU continues to share with China its experience in the field of human rights protection and promotion, and to urge China to take clear steps to improve the human rights situation. The latest session of this dialogue took place on 25 June 2013 and provided the EU with the opportunity to express its concerns about a wide range of human rights issues in China, including the treatment of ethnic and religious minorities, deprivation of liberty, and criminal and administrative punishment.
At this meeting, the EU also enquired about measures taken so far by China to ratify the International Covenant for Civil and Political Rights, signed in 1998 in view of China's undertaking made during the 2009 Universal Periodic Review (UPR) to ratify the Covenant at an early date.
In February 2013, officials from my Department met with representatives of the Irish Falun Dafa Association. During this meeting the Irish Falun Dafa Association discussed the issue of organ harvesting and ways in which human rights issues are raised with Chinese authorities by both Ireland and the EU.
Officials in my Department are meeting again this week with the Falun Dafa Association regarding the issue of organ harvesting.
In relation to measures taken to ensure no Irish company, organisation or individual becomes involved in the mistreatment of Falun Gong practitioners, a Common Position adopted by the European Council in 2008 outlines that Member States shall deny an export licence if there is a clear risk that military technology or equipment to be exported might be used for internal repression.
Ireland, together with our EU partners, will continue to address human rights issues with China, including those related to the Falun Gong, in frequent and regular dialogue, through our contacts in both Dublin and Beijing and through the relevant multilateral channels, including at the next United Nations Universal Periodic Review of human rights in China, scheduled for October 2013.
891. Deputy Finian McGrath asked the Minister for Justice and Equality if there is any action under current laws that can be taken by residents in apartment blocks who have to put up with excessive noise, abuse, and anti-social activity and if they call the Garda, they are intimidated. [34639/13]
View answerAs the Deputy will appreciate, legislation on noise nuisance comes within the remit of my colleague the Minister for the Environment, Community and Local Government. I am advised that a person experiencing noise nuisance may contact their local authority and that a public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on the website of the Department of the Environment, Community and Local Government, eg. www.environ.ie.
The Deputy will also be aware that the leases for apartment dwellings often contain conditions or covenants which are designed to regulate aspects of the building's use for the benefit of residents. These covenants form part of the contractual arrangements entered into by residents themselves and are essentially a matter for the parties concerned.
In relation to situations where residents may be subject to harassment and anti-social behaviour, I am informed by the Garda authorities that it is the policy of An Garda Síochána to deploy personnel to establish a highly visible and accessible service to communities to tackle crime, the fear of crime and anti-social behaviour.
However, in the absence of specific details as to the nature or location of the incidents, or of the intimidation referred to, it is not possible to provide a specific response from the Garda authorities on this matter. However, if a person feels that a crime has been committed they should contact their local Garda station. All crimes that are reported to the Garda are fully and thoroughly investigated and offenders brought to justice wherever possible. As well as contacting the Garda directly, information can be provided to An Garda Síochána by way of the Garda confidential line, 1800 666 111, which is a monitored freephone line that allows members of the public to contact An Garda Síochána with information of a confidential nature.
892. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the reason for the delay in making a determination on the naturalisation application of a person (details supplied); and when a decision will issue. [34651/13]
View answerI am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in August 2012.
The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. While good progress continues to be made in reducing the large volume of cases in hand, the nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process. It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I can, however, inform the Deputy that enormous progress has been made in dealing with the backlog and steps are being taken to process all outstanding applications as quickly as possible.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
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.
893. Deputy Jack Wall asked the Minister for Justice and Equality the number of successful applications made for funding under his Department's grants system for projects within County Kildare in each of the past four years; and if he will make a statement on the matter. [34671/13]
View answerI wish to advise the Deputy that there were twenty-three successful applications for funding under my Department's grant system within County Kildare during the period in question, details of which are as follows.
2009
- Athy Alternative Project
- Cuan Mhuire, Athy
- Garda Youth Diversion Projects - Kildare Youth Service - Bridge Youth
- Garda Youth Diversion Projects - Kildare Youth Service - Curragh Newbridge
- Kildare Coalition of Supported Employment
- Kildare County Council - To promote integration of immigrants
2010
- Athy Alternative Project
- Cuan Mhuire, Athy
- Garda Youth Diversion Projects - Kildare Youth Service - Bridge Youth
- Garda Youth Diversion Projects - Kildare Youth Service - Curragh Newbridge
- Kildare County Council - To promote integration of immigrants
- Park House Nursing Home
- TLC Nursing
2011
- Athy Alternative Project
- Cuan Mhuire, Athy
- Garda Youth Diversion Projects - Kildare Youth Service - Bridge Youth
- Garda Youth Diversion Projects - Kildare Youth Service - Curragh Newbridge
2012
- Athy Alternative Project
- Breaking Through (Leixlip)
- Cuan Mhuire, Athy
- Garda Youth Diversion Projects - Kildare Youth Service - Bridge Youth
- Garda Youth Diversion Projects - Kildare Youth Service - Curragh Newbridge
- Kildare Leader Partnership - To implement a scheduled programme to support the resettlement of refugees
894. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will provide, in tabular form, the commitments in the Programme for Government within his remit; if the commitment has been met or is in the process of being met; the estimated time for same; and if he will make a statement on the matter. [34684/13]
View answerLast March the Government published the second Annual Report 2013 of the Programme for Government setting out progress to that date. The current status of commitments pertaining to my Department is outlined in the following tabular statement. The timeline for delivery of the commitments is over the lifetime of the Government.
|
Commitment |
Status (Completed/In Progress/Under Review) |
|
We will fast-track the substantial reforms needed for our bankruptcy legislation to bring us into line with best international standards, focusing on a flexible personal bankruptcy system that reduces discharge time for honest bankrupts. |
Completed |
|
We will legislate to end upward only rent reviews for existing leases. |
It has not proved possible to develop a targeted scheme to tackle this issue. |
|
We will explore the possibility of a new agreement on visitor visas with the UK, offering tourists the opportunity to visit the UK and Ireland with one visa, at a reasonable cost to tap into the tourism market for significant events. |
Completed |
|
We will permit postgraduate students to be allowed work here for up to a year after they complete their studies. High-value research students will be permitted to bring families if they are staying more than two years. |
Completed |
|
A referendum to amend the Constitution to allow the State to cut the salaries of judges in restricted circumstances as part of a general cut across the public sector |
Completed |
|
We will amend the Official Secrets Act, retaining a criminal sanction only for breaches which involve a serious threat to the vital interests of the state. |
Under Review |
|
We will halve the cost of the existing provision of ministerial transport. We will provide for the efficient use of transport including the release of Garda drivers to normal policing duties. We will end the automatic right to state cars for former office holders and other state officials. |
Completed |
|
Improve co-ordination and integration to delivery of services to the Traveller community across all Government departments, using available resources more effectively to deliver on principles of social inclusion, particularly in area of Traveller education through the DEIS programme |
In Progress |
|
Fast-tracking personal bankruptcy reform needed to bring us into line with best international standards, such as introducing a flexible discharge period for "honest bankrupts", defined as one that has materially complied with the Tax, NAMA and Companies Acts among others. |
Completed |
|
We will improve the quality of information available on the Irish housing market by requiring that the selling price of all dwellings is recorded in a publically available, national housing price database |
Completed |
|
Enact legislation to strengthen the rights of victims of crime and their families, to ensure that victims and their needs are at the heart of the justice process and that rights to information, advice and other appropriate assistance are met effectively and efficiently. |
In Progress |
|
Ensure that rogue bankers and all those that misappropriate or embezzle funds are properly pursued for their crimes and that the full rigours of the law will apply to them |
In Progress |
|
Enact a new consolidated and reformed anti-corruption law to punish white collar crime and end the impunity from consequences for corporate behaviour that threatens the economy. |
In Progress |
|
Strengthen measures to ensure that convicted white collar criminals cannot transfer assets to spouses or other family members and we will empower the Criminal Assets Bureau to pursue such convicted white collar criminals for any legal aid costs awarded to them. |
Under Review |
|
Enact legislation to strengthen the powers of the Criminal Assets Bureau in relation to forfeiting the proceeds of crime. |
In Progress |
|
Establish a DNA Database to assist the Gardaí in the investigation of serious crime, such as homicides and sexual offences. The database will also be utilised to enhance cooperation with the EU in the area of asylum and immigration. There will be appropriate safeguards in relation to inclusion on and access to the DNA database. |
In Progress |
|
Provide statutory guidelines for the witness protection programme. |
In Progress |
|
Introduce x-ray scanners to all prisons to screen people and goods entering prisons to stop the flow of drugs and mobile telephones into prisons. |
Completed |
|
Ensure that administrative duties are carried out by civilian staff in order to free up highly trained Gardaí for preventing and detecting crime. |
In Progress |
|
Reform the prosecution and judicial case management systems so as to reduce the number of Gardaí unnecessarily detained in the courts. |
In Progress |
|
Fully implement the Fines Act 2010 and extend the use of Community Service Orders. Where a member of the judiciary is considering the imposition of a prison sentence of one year or less, he/she will be required by legislation to first consider the appropriateness of Community Service Orders as an alternative to imprisonment. |
In progress (Work on amending the Fines Act 2010) Completed (Extension of Community Service Orders) |
|
End the practice of imprisoning people who cannot pay fines and debts and introduce a system which takes a small amount of money from wages or social welfare by "attachment order" to pay off a fine or debt over time, as an alternative to imprisonment for people who refuse to pay. |
In progress |
|
Introduce legislation to ensure that aggravating factors are considered in sentencing and to allow for the criminal prosecution service to make a submission on sentence, which draws to the court's attention aggravating factors which relate to the crime. |
Under Review |
|
Introduce a series of post-imprisonment restraint orders for violent and sexual offenders to include electronic tagging and other restrictions, which may be imposed at the time of sentencing. |
In Progress |
|
Violent and sexual offenders may only earn remission based on good behaviour, participation in education and training, and completion of addiction treatment programmes and, where appropriate, sex offender programmes. We will review the workings of the Prison Act 2007 in relation to incentivising engagement with rehabilitative services in prison. |
In Progress |
|
Strengthen the Inspector of Prisons, by putting the office on a statutory footing and removing restrictions on publication by the Inspector of Prisons of his/her reports. |
In Progress- The Inspector of Prisons is on a statutory footing. There are no restrictions on the publication of his reports. |
|
Prison visiting committees will furnish their reports to the Inspector of Prisons who will be under an obligation to publish them. The Inspector of Prisons will make an annual report to the Minister for Justice and the Oireachtas Justice Committee, and will be empowered to appear before that committee on such other occasions as may be appropriate. |
In Progress - as above |
|
Ensure better coordination between the Irish Prison Service and the Probation Service to create an integrated offender management programme |
In Progress |
|
Review will be conducted of the working of mandatory sentencing laws in the context of an overall review of drugs policy. |
In Progress |
|
Review the proposal to build a new prison at Thornton Hall and consider alternatives, if any, to avoid the costs yet to be incurred by the state in building such a new prison. We are conscious of the need to provide in-cell sanitation to all prisons and, in so far as resources permit, to upgrade prison facilities. |
Under Review |
|
Tackle anti-social behaviour and the plague of low level crime that is so destructive of community life. |
In Progress |
|
Build on the existing community policing partnerships and forums to enhance trust between local communities and their Gardaí. |
In Progress |
|
Give special emphasis to alternative programmes for juvenile offenders through extensions to the Juvenile Liaison Officer Scheme and the Garda Juvenile Diversion Programme, and the extended use of Restorative Justice where appropriate. |
In Progress |
|
Examine outcomes-based contracts with community organisations to help reduce re-offending by young people, based on the social impact bond model in the U.K. |
In progress - in conjunction with DCYA |
|
Strengthen the supply reduction effort and criminal assets seizures, particularly at local level. |
In Progress |
|
Reduce the flow of drugs to prisons. |
In Progress |
|
Carry out a full review of the Drug Treatment Court Programme to evaluate its success and potential in dealing with young offenders identified as having serious problem with drugs. |
In Progress |
|
Legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges. |
In Progress |
|
Introduce a constitutional amendment to allow Government to reduce the pay of the judiciary as a whole in line with other public sector reductions. We will also provide a modern and reformed framework for judicial expenses. |
Completed |
|
Introduce a constitutional amendment to allow for the establishment of a distinct and separate system of family courts to streamline family law court processes and make them more efficient and less costly. We will take the necessary steps to create a permanent Civil Court of Appeal. |
In Progress |
|
Encourage and facilitate use of mediation to resolve commercial, civil and family disputes in order to speed up resolution of disputes, reduce legal costs and ameliorate the stress of contested court proceedings. |
In Progress |
|
Provide for a Commercial Court to facilitate speedy resolution of disputes at Circuit Court level, where monies in dispute do not warrant High Court jurisdiction. |
Under Review |
|
Introduce legislation to facilitate courts making provision for structured settlements in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. |
In Progress |
|
Create an enforcement mechanism for District Court maintenance orders in family cases. |
Completed |
|
We will modernise and reform outdated elements of family law. |
In Progress |
|
Introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation in a manner that provides protection to victims. |
In Progress |
|
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. |
In Progress- Legal Services Regulation Bill 2011 currently in Committee Stage with a view to enactment by end of 2013. |
|
Introduce comprehensive reforms of the immigration, residency and asylum systems , which will include a statutory appeals system and set out rights and obligations in a transparent way. |
In Progress- Immigration, Residence and Protection Bill 2011 awaiting Committee Stage but may be republished. |
|
Provide for the efficient processing and determination of citizenship applications within a reasonable time. |
Completed |
|
Ensure that all State boards have at least 40% of each gender. |
In Progress |
|
Promote greater co-ordination and integration of delivery of services to the Traveller community across Government, using available resources more effectively to deliver on principles of social inclusion, particularly in the area of Traveller education. |
In Progress |
|
People of non-faith or minority religious backgrounds and publicly identified LGBT people should not be deterred from training or taking up employment as teachers in the State. |
In Progress |
|
Require all public bodies to take due note of equality and human rights in carrying out their functions. |
In Progress |
|
Promote policies which integrate minority ethnic groups in Ireland, and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities. |
In Progress |
|
Publish, following wide consultation, a realistic implementation plan for the National Disability Strategy, including sectoral plans with achievable timescales and targets within available resources. Ensuring whole-of-government involvement and monitoring of the Strategy, in partnership with the disability sector. |
In Progress |
|
Examine different mechanisms to promote the recognition of Irish Sign Language. |
In Progress |
|
Reform the law on mental capacity to ensure the greatest degree of autonomy for people with intellectual disabilities or suffering with mental illnesses in line with the UN Convention on the Rights of Persons with Disabilities. |
In Progress |
|
We will enact legislation to amend tax and social welfare law in respect of civil partnerships. We will amend the Civil Partnership and Certain Rights and Obligations of Cohabiting Couples Act 2010 to address any anomalies or omissions, including those relating to children. |
In Progress- The first part of this commitment is completed. Legislation is being developed, with a target for publication of a General Scheme in Q4 2013 |
|
We will enhance the Irish role in EU judicial and home affairs cooperation |
In Progress |
895. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will detail in tabular form the names of all external public relations, communications consultants and organisations used by organisations or agencies within the remit of his Department since 9 March 2011; the details of the services supplied by each; the expenditure on each; and if he will make a statement on the matter. [34700/13]
View answerI wish to advise the Deputy that the information sought is set out in the following table in respect of my Department and bodies under the aegis of my Department for which I have responsibility.
|
Name of public relations/communications consultant |
Details of service |
Body |
Expenditure (€) |
|
Carr Communications |
Strategy plan for a Public Information Campaign for the Insolvency Service of Ireland Media Skills |
Insolvency Service of Ireland |
14,760 950 |
|
Total |
- |
- |
15,710 |
The Deputy may wish to note that I have no responsibility to the Dáil in respect of agencies which are statutorily independent. While the Insolvency Service of Ireland is such an agency I have, however, included the above details of their expenditure as the contract commenced prior to their establishment as a separate legal entity.
896. Deputy Anne Ferris asked the Minister for Justice and Equality his views on the inclusion of the Sisters of Mercy laundry, also called House of Mercy, on Baggot Street to the redress scheme for the Magdalens in view of the fact that the House of Mercy in Wexford was recently added; if he will detail and explain the reason one House of Mercy was added while the other on Baggot Street was not; and if he will make a statement on the matter. [34747/13]
View answerThe McAleese report and the ex gratia scheme recommended by Mr. Justice Quirke relate to the 10 Magdalen laundries that operated within the State. As an exceptional measure, the Government decided that the women from two other institutions who had, from an early stage, participated in the representative groups and met with Ministers and others on this matter should also be included. No other institutions are being included within the scheme.
897. Deputy Clare Daly asked the Minister for Justice and Equality if the Irish Courts Service will update its website with accurate information, with full costings for CDs, DVDs and VCR; the reason the recordings in CD format are not available and if CDs are available to a party directly involved in a case, that is, the plaintiff or the defendant as in other jurisdictions and EU States. [34768/13]
View answer898. Deputy Clare Daly asked the Minister for Justice and Equality if a party can request a CD at any time; and if recordings kept for an indefinite period of time. [34772/13]
View answer899. Deputy Clare Daly asked the Minister for Justice and Equality the person in the courts responsible for ensuring digital audio recordings is administered properly; if there is a code of procedure or conduct published to help to ensure public scrutiny of the functioning of the justice system. [34773/13]
View answerI propose to take Questions Nos. 897 to 899, inclusive, together.
As the Deputy will be aware the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and the conduct of any case is a matter entirely for the presiding judge.
As I previously informed the Deputy in response to Parliamentary Questions No. 444 and 445 of 25 June 2013, the relevant Rules of the District Court, Circuit Court and Superior Courts (S.I. Numbers 99/2013, 100/2013 and 101/2013) came into effect on 8 April 2013. The instruments regulate the procedures whereby parties or other persons wishing to have access to records of court proceedings, including audio recordings, may apply to the court concerned for access to such records. The instruments also set out the terms on which such access may be granted. There is nothing to prevent a party to a case applying to the court to access the recording. However, the granting of access and the terms under which such access is granted is a matter for the court. In common with all court rules these instruments are available on the Courts Service website. There are no prescribed fees in respect of CDs of court proceedings and, as indicated above, it is entirely a matter for the court to allow access to records of court proceedings or to determine whether access may be granted by CD or transcript.
I am informed that Digital Audio Recordings have been made in the Supreme Court and the Court of Criminal Appeal since 2005, in the High Court and in Circuit Courts since 2009 and in the District Court since 2011. All recordings made to date are being retained. The relevant court officers together with the contracted external service provider have responsibility for operating and administering the digital audio recording system.
901. Deputy Seán Kenny asked the Minister for Justice and Equality the Garda stations in the Dublin region that will have an open day between now and year end; the dates and times of each; and if he will make a statement on the matter. [34918/13]
View answerI have been informed by the Garda Commissioner that the following Garda Stations in the Dublin Metropolitan Region will be having open days within the next six months
|
Garda Station |
Date of Open Day |
|
Ballymun |
End of October, 2013. Date yet to be confirmed |
|
Tallaght |
05/09/2013 between 2pm – 5pm |
|
Finglas |
25/09/2013 |
|
Blanchardstown |
28/09/2013 |
|
Lucan |
Provisional date: 29/09/2013 at 2pm |
|
Store Street |
September, 2013. Date yet to be confirmed |
|
Mountjoy |
No date scheduled yet but proposed to be held following the summer months |
|
Bridewell |
04/10/2013 at 12.30pm |
|
Blackrock |
Exact date to be confirmed but it is envisaged to hold it on either the 14th or 21st September, 2013 |
902. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will be recommending the establishment of a parliamentary inquiry under the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013 if and when that legislation becomes law, or an independent form of inquiry into the Stardust tragedy of 1981 owing to the continued dissatisfaction of the families that the matter has not been fully investigated heretofore in view of new information that has come to their attention in the recent past. [34923/13]
View answer903. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on whether all of the recommendations contained in the report of Paul Coffey, SC, on the Stardust tragedy 1981 have been fulfilled, particularly in the field of counselling and medical needs of the families of the victims of the tragedy; and if he will make a statement on the matter. [34924/13]
View answerI propose to take Questions Nos. 902 and 903 together.
Insofar as the question of establishing a parliamentary or other inquiry into the Stardust tragedy is concerned, the position is the independent examination carried out of the Victims Committee's case for a new inquiry concluded that the Committee had not identified any new or other evidence capable of establishing the cause of the fire and that to establish a new inquiry for that purpose, in the absence of any identified evidence, would not be in the public interest. No new information has been put forward which would warrant a departure from this conclusion.
In order to identify the level of demand for access to ongoing counselling and medical services and so as not to interfere in the privacy of any of the survivors or bereaved, a public information notice was placed in newspapers in October 2009 asking those who wished to access such services through this channel to register their interest. Arrangements to provide these services were put in place in February 2010, based on the response received. This facility remains in place for those who wish to avail of it.
904. Deputy Paudie Coffey asked the Minister for Justice and Equality the total cost of the free legal aid service that the State provides on annual basis for the years 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [34940/13]
View answerI can inform the Deputy that the provision of legal aid falls within two separate categories, i.e. criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Civil Legal Aid
The Legal Aid Board (LAB) is the statutory body which provides legal aid and advice in civil law matters to persons on lower incomes. All Board services are governed by the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations. I wish to clarify for the Deputy that the Legal Aid Board provides "legal aid" and not "free legal aid". The vast majority of persons receiving services from the Board pay a small financial contribution.
In respect of civil legal aid, Exchequer funding is provided by way of grant-in-aid to the Legal Aid Board. The relevant amounts allocated are set out hereunder.
|
Year |
Total Amount of Expenditure (€ million) |
|
2010 |
32.192 |
|
2011 |
30.370 |
|
2012 |
32.922 |
|
2013 - to date |
19.384 |
It should be noted that the figures for 2012 onwards include funding in respect of the Family Mediation Service, for which the Board assumed responsibility in late 2011. The full year allocation for 2013, as set out in the Revised Estimates Volume, is €32,659,000.
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the Judiciary.
Total expenditure on criminal legal aid for the years referred to by the Deputy is detailed below.
|
Year |
Total Amount of Expenditure (€ million) |
|
2010 |
56.5 |
|
2011 |
56.1 |
|
2012 |
50.5 |
|
2013 - to date |
25.6 |
The Deputy will note that total expenditure for 2012 represented a reduction of 10% over 2011. This reduction in the annual expenditure is the largest ever recorded and represents a fall of approximately €10 million, or 16%, over the peak recorded in 2009. This follows savings measures introduced since I came into office including cuts to fees in the course of 2011.
905. Deputy Paudie Coffey asked the Minister for Justice and Equality the total amount of money that has been recouped by the free legal aid service on an annual basis for the years 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [34941/13]
View answerAs the Deputy may be aware the provision of legal aid falls within two separate categories, i.e. criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Civil Legal Aid
The Legal Aid Board (LAB) is the statutory body which provides legal aid and advice in civil law matters to persons on lower incomes. All Board services are governed by the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations. I wish to clarify for the Deputy that the Legal Aid Board provides "legal aid" and not "free legal aid". The vast majority of persons receiving services from the Board pay a small financial contribution.
The Legal Aid Board recoups money from its clients in two ways. Contributions are received from clients towards the cost of the service with the amount of the contribution dependent on the client's disposable income and disposable capital, if any. In addition, the Board may recover its costs in certain cases where an award or settlement has been received by the client. The relevant amounts received by the Board are set out hereunder for the years in question.
|
Year |
Contributions (€) |
Costs (€) |
|
2010 |
844,201 |
921,717 |
|
2011 |
809,967 |
974,331 |
|
2012 |
832,292 |
685,873 |
|
2013 (to date) |
421,948 |
429,473 |
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the Judiciary.
The Deputy should note that there is no recoupment of money from defendants under the Criminal Legal Aid Scheme.
