Written Answers Nos. 490-502
490. Deputy Ciara Conway asked the Minister for Justice and Equality the measures he is taking to preserve privacy online and protection of citizens' data in the wake of significant breaches of Internet privacy being committed by the American National Security Agency and the British GCsa; and if he will make a statement on the matter. [36063/13]
View answerAs I have indicated to the House previously, I, of course, fully understand the concerns which have arisen in the wake of recent media reports about the PRISM programme. I am aware too of reports which have appeared about the alleged activities of other security agencies. I raised the concerns which had been expressed about the PRISM programme with the US Attorney General Eric Holder at my recent meetings with him in Dublin. At these meetings, the US Attorney General provided clarity on a number of issues, in particular with regard to the nature of the information collected and processed, i.e. phone numbers, duration of calls etc - but not the content of calls. He also advised that the data was collected under judicial authority and only where there was a reasonable suspicion of serious crime.
We cannot ignore the very important fact that there is a recognised need to protect our citizens from terrorist threats and dealing with that does require access to certain data. I will continue to make the point at international level that in doing so it is necessary to ensure that the information used is properly obtained and subject to appropriate safeguards. I have emphasised the importance of protecting individual rights to privacy and ensuring respect for individual human rights contained in the European Convention on Human Rights as well as the crucial need to ensure that any security surveillance undertaken is balanced and appropriate.
It was agreed that data protection and security experts from the US and from the EU would meet to clarify remaining matters as necessary. The Presidency in office and the responsible European Commissioner will lead on this from the European side with regard to the data protection and privacy matters within EU competence. A first meeting has taken place to initiate this process and a further meeting is due to take place later this month to further discuss issues arising.
The Deputy will be aware that in this country we have data protection legislation to protect individuals against unwarranted invasion into their privacy and a clear legal framework for the accessing of information. In turn, that framework is subject to judicial oversight. More generally, I can tell the Deputy that substantial progress was made during the Irish Presidency advancing key aspects of the EU's data protection reform package. A further indicator of our commitment in this area is the significant increases which have taken place in the resources made available to the Office of the Data Protection Commissioner, notwithstanding the current difficult economic circumstances.
491. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will provide an update on the establishment of an internal security fund during the Irish EU Presidency; and if he will make a statement on the matter. [36223/13]
View answerThe Internal Security Fund is one of two funding programmes (the other being the Asylum and Migration Fund) proposed for the Home Affairs area under the Multiannual Financial Framework (MFF) for the period 2014 to 2020. The legislative basis for the Internal Security Fund comprises the following two measures:
A proposed Regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management. The objectives of this instrument include contributing to crime prevention, the combating of cross-border, serious and organised crime including terrorism, reinforcing coordination and cooperation between law enforcement authorities of Member States, enhancing the capacity of Member States and the Union for managing effectively security-related risks and crisis, and preparing for and protecting people and critical infrastructure against terrorist attacks and other security related incidents. (Ireland has opted into this proposed Regulation under Article 3 of Protocol 21 annexed to the Lisbon Treaty.)
A proposed Regulation of the European Parliament and of the Council establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visas. The purpose of this instrument will be to provide contributory funding at national and EU levels for the operation of Schengen border control and visa systems, thus contributing to enhanced security throughout the EU. (Ireland will not be participating in this Regulation as it is a development of aspects of the Schengen acquis in which Ireland does not participate.)
The Irish Presidency engaged extensively with the European Parliament in relation to these and other MFF dossiers and made significant progress, including securing provisional agreement on most technical aspects of the dossiers. Following the Irish Presidency’s success in securing an agreement between the European Council and the European Parliament on the overall MFF package, negotiations on the individual financial breakdowns within these instruments will now take place under the Lithuanian Presidency.
492. Deputy Ciara Conway asked the Minister for Justice and Equality in relation to the personal insolvency practitioners process, if he will clarify who will bring those citizens who have insufficient disposable income or saleable assets to pay fees, through debt settlement arrangement or personal insolvency arrangements options; and if he will make a statement on the matter. [36263/13]
View answer493. Deputy Ciara Conway asked the Minister for Justice and Equality if he will clarify if those persons who have insufficient means are to be denied the benefits of the insolvency legislation; if he will specify the avenues that are open to persons in this predicament; and if he will make a statement on the matter. [36264/13]
View answer494. Deputy Ciara Conway asked the Minister for Justice and Equality if will commit to ensuring that Money Advice and Budgeting Service will be sufficiently resourced to provide DSA & PIAs to low and or middle income households who are not commercially viable for PIPs to take on; and if he will make a statement on the matter. [36265/13]
View answer495. Deputy Ciara Conway asked the Minister for Justice and Equality if he will clarify an issue in relation to Debt Settlement Arrangement or Personal Insolvency Arrangements options (details supplied); if persons who have insufficient means are to be denied the benefits of the Insolvency Legislation; and if Money Advice and Budgeting Service is sufficiently resourced to provide DSA and PIAs to low and or middle income households who are not commercially viable for PIPs to take on. [36266/13]
View answerI propose to take Questions Nos. 492 to 495, inclusive, together.
The Money Advice and Budgeting Service (MABS), under the aegis of the Citizens Information Board (which comes under the aegis of my colleague, the Minister for Social Protection), provides a high quality service which assists people who are over-indebted or in danger of over-indebtedness, in particular those on low incomes. I am advised that in 2013, some €19 million has been allocated to fund MABS and that sanction has been given for 16 temporary staff to be assigned to MABS for up to two years, to establish an Approved Intermediary service. In addition to this dedicated services there will also be additional Approved Intermediaries, when authorised, located in MABS offices throughout the country. These Approved Intermediaries will not charge any fee for arranging a Debt Relief Notice. In accordance with the provisions of the Personal Insolvency Act 2012, Approved Intermediaries can only process Debt Relief Notices and do not have any role in relation to Debt Settlement Arrangements or Personal Insolvency Arrangements.
With regard to Debt Settlement Arrangements (DSA) and Personal Insolvency Arrangements (PIA) there are two separate sets of fees. The ISI fee for applying for a Protective Certificate for a DSA or a PIA and the Personal Insolvency Practitioner (PIP) fee. The fee payable to the ISI in relation to the issue of a Protective Certificate for a DSA will be €250 and €500 for a PIA. Insofar as Practitioner fees associated with the development of DSAs and PIAs are concerned, these fees will be negotiated with an individual debtor by the PIP in advance of a case proceeding and will be deducted from the amount of money an individual debtor is calculated as having available to pay their creditors during the term of the arrangement. These arrangements could last for up to 7 years. As such this fee should have a relatively minor impact on the debtor themselves. In fact some prospective Personal Insolvency Practitioners (PIPs) have indicated that, if and when authorised by the Insolvency Service of Ireland (ISI) to practice, they will not charge upfront fees for initial consultations with insolvent debtors. Furthermore, the Regulations relating to PIPs require them to clearly specify their level of charges and associated costs before being appointed by the debtor to develop an arrangement for a PIA or DSA. Based on experience in other jurisdictions, I am advised by the ISI that there have been indications that the issue of fees rarely arises. It is anticipated that debtors will be able to afford the application fees. It should also be noted that the reasonable living expenses guidelines published under Section 23 of the Personal Insolvency Act 2012 make allowances for savings and contingencies in addition to social inclusion money. It will therefore be possible for debtors to build up the money required for the ISI fee over a relatively short period of time. In cases where an insolvency arrangement is not possible, it will be open to the individual debtor to petition for bankruptcy, the term of which is being reduced from 12 years to 3 years under the provisions of the Personal Insolvency Act 2012.
496. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers detected for speeding on the N3 in County Dublin and County Meath in the years 2011, 2012 and to date in 2013; the number of drivers who have paid such fines to date; the number of drivers who have yet to pay a fine; and the number of who were subject to legal action for non-payment of a fine for speeding in these areas. [36285/13]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
497. Deputy Catherine Murphy asked the Minister for Justice and Equality the way the members of the National Disability Strategy implementation group were selected; the organisations they represent; the length of time the implementation process is expected to take; the new funding models that are proposed at county level; and if he will make a statement on the matter. [36363/13]
View answerIn line with the Programme for Government commitment to publish an Implementation Plan for the National Disability Strategy I established and personally chair the National Disability Strategy Implementation Group (NDSIG). The Group was established on 30 November 2011. I issued invitations to relevant Departments and a broad range of disability organisations to nominate a representative to become a member of the group and as a result the NDSIG now comprises representatives from across Government, a representative from the County and City Managers Association, the National Disability Authority, a range of disability organisations, and a number of individuals appointed in their personal capacity to bring their lived experience to the table.
The disability organisations that are represented on the NDSIG are Inclusion Ireland, Disability Federation of Ireland, Mental Health Reform, National Federation of Voluntary Bodies, Not for Profit Business Association, National Service Users Executive and the Centre for Independent Living. After significant consultation and consideration the Implementation Plan was agreed by the NDSIG at our meeting of 20 June 2013. This Plan sets out the practical measures that will be taken to advance the National Disability Strategy over the period 2013 to 2015. It is the responsibility of each relevant Minister and their Department to make adequate resources available to meet their Departments' commitments in the Plan.
498. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will confirm Ireland's commitment to the universal right to seek and enjoy asylum as laid down in statutory international law; if he agrees that potential asylum seekers should not be denied passage to a country that has offered safe harbour; if he will confirm that should a person (details supplied) seek to transit Ireland's airspace or airports in order to avail of the grant of asylum by Venezuela or another country, that they will be allowed to do so; and if he will make a statement on the matter. [36728/13]
View answer584. Deputy Patrick Nulty asked the Minister for Justice and Equality the steps he will take to assist Mr. Edward Snowden in securing asylum in Ireland as requested by him on the basis that he is a whistleblower; if his attention has been drawn to Mr. Snowden's concerns that he would be unlikely to receive a fair trial if extradited in the United States for a number of reasons; and if he will make a statement on the matter. [36724/13]
View answer585. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will confirm Ireland's commitment to the universal right to seek and enjoy asylum as laid down in statutory international law; his views on whether potential asylum seekers should not be denied passage to a country that has offered safe harbour; if he will confirm that should Edward Snowden seek to transit Ireland's airspace or airports in order to avail of the grant of asylum by Venezuela or another country, that he will be allowed to do so; and if he will make a statement on the matter. [36729/13]
View answerI propose to take Questions Nos. 498, 584 and 585 together.
As the Deputy will be aware, An Taoiseach told the House on 2 July of the situation that would apply should any claim for asylum be lodged here in respect of the individual in question. The situation as outlined by An Taoiseach at that time has not changed. No further contact has been made by or on behalf of the individual in question and no valid asylum application has been received which can be processed in accordance with the statutory provisions in this Jurisdiction. The Deputy might wish to note that it is a generally accepted principle internationally, and one which Ireland applies, that a person should seek asylum in the first safe host country in which they arrive. It would appear that the individual referred to by the Deputy is already present in a safe host country and I note from media reports that he appears to have now applied for asylum there. In consequence of all the above, the other asylum issues referred to by the Deputy would not appear to arise.
The processing of asylum applications and appeals in Ireland takes place within a well defined national and international (Geneva Convention, EU Directives and Regulations) legal framework. The granting of refugee status in Ireland is considered in accordance with the definition contained in the 1951 UN Convention relating to the Status of Refugees, as amended by the 1967 New York Protocol thereto, and as defined in Section 2 of the Refugee Act 1996 (as amended). Accordingly, Ireland remains steadfast in it commitments to its international obligations in this regard. While decisions on extradition are ultimately a matter for the courts, I have made it clear publicly that the Irish and US authorities have remained in close contact in relation to the possible extradition of the person in question and, for its part, the Government will take any action open to it to ensure that the State's obligations in relation to extradition arrangements are met. It would not be a matter for me as Minister to comment on any case a person might make to the courts in relation to an extradition application. It may be helpful to add, however, in the context of a person seeking asylum here, that the Refugee Act, 1996 makes it clear that nothing in it shall be construed as preventing the extradition of a person in accordance with the provisions of the Extradition Acts.
499. Deputy Pearse Doherty asked the Minister for Justice and Equality the reason there has been a delay with the processing of a person's work entitlements (details supplied); the reason the necessary documentation was not sent in order to calculate and finalise payment of this person's entitlements; and if he will reassure this person that their application will be processed without any further delay. [35950/13]
View answerUnder the Garda Síochána Pension Scheme my Department is responsible for authorising and paying pensions to retired Gardaí. The person in question retired from the Garda Síochána on 14th August 2004 and at that time was paid a net retirement gratuity of €33,982.54, together with an annual pension which currently amounts to €19,654.20 per annum. On 24th October 2012 my Department's Financial Shared Services Centre received a request from this person's legal representatives for certain information. In order to respond to the request my Department requires information from the Garda authorities. When the full information is received a response will be issued to the legal representatives.
500. Deputy Thomas Pringle asked the Minister for Justice and Equality the way he intends to proceed with the establishment of the independent charities regulatory authority; the cost of the annual registration fee for charities; and when he foresees the authority coming into effect. [35958/13]
View answerThe Government recently approved plans by my Department to proceed with the establishment of an independent Charities Regulatory Authority under the terms of the 2009 Charities Act. The Authority will be an independent body under the aegis of the Department of Justice and Equality. In addition to functions set out in the Charities Act, it will take on the functions of the Commissioners of Charitable Donations and Bequests for Ireland. The Authority will have a staff of approximately 20. It is envisaged that the Board of the new Authority will be designated later this year, so that the Authority can come into formal operation in 2014. A call for expressions of interest from suitably qualified persons who wish to be considered for appointment to the Board of the new Authority will issue from my Department in the coming months. To ensure the smooth transfer of functions of the Commissioners of Charitable Donations and Bequests for Ireland to the new Authority, it is envisaged that a number of serving Commissioners will also be appointed to the Board of the new Authority.
It is intended that registered charities themselves will be asked to meet some of the cost of their regulation through payment of a modest annual registration fee. The levying of such a fee is provided for in the Charities Act, and the ability to do this enables us to move ahead with putting this much-needed regulatory system in place. We have consulted with the charity sector on the fee structure to be adopted and my Department will take account of the views expressed by charities when deciding on appropriate fee levels. By adopting this approach, the regulation of the sector will in time become largely self-financing. The outcome of the public consultation on charities regulation carried out by my Department earlier this year has been published on the Department's website at www.justice.ie.
501. Deputy Dominic Hannigan asked the Minister for Justice and Equality his plans to help deal with the problem of upward only rent reviews; and if he will make a statement on the matter. [35972/13]
View answerAs the Deputy will be aware, I have legislative responsibility for aspects of landlord and tenant law. In that context, during the course of 2011, I sought to develop proposals which would give effect to the commitment in the Programme for Government to legislate to end upward-only rent review clauses for leases entered into prior to 28 February 2010. As is well known, in December of that year the Government took the difficult decision not to proceed with that commitment. It will be recalled that the background to this decision was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. As I have indicated in my replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision which was taken in 2011 not to proceed with legislation in relation to this matter.
On a related issue, it is widely acknowledged that one of the difficulties in regard to rent reviews is the absence of readily accessible, accurate information in order to determine the market rent payable in respect of comparable commercial properties. The Property Services (Regulation) Act 2011 provides for the establishment and maintenance of a Commercial Leases Database by the Property Services Regulatory Authority. While there have been some delays in establishing this Database work is at a very advanced stage to ensure that it will be operational shortly.
502. Deputy Martin Heydon asked the Minister for Justice and Equality his plans for further recruitment to An Garda Síochána; and if he will make a statement on the matter. [35985/13]
View answer505. Deputy Kevin Humphreys asked the Minister for Justice and Equality if there are any plans to reopen recruitment to An Garda Síochána in 2014; and if he will make a statement on the matter. [35999/13]
View answer521. Deputy Niall Collins asked the Minister for Justice and Equality his plans to commence Garda recruitment again; and if he will make a statement on the matter. [36234/13]
View answerI propose to take Questions Nos. 502, 505 and 521 together.
I do believe that it is important for an organisation such as the Garda Síochána to have some regular intakes of new recruits, even if on a modest scale. In this context, I am very pleased to have received sanction from my colleague, the Minister for Public Expenditure and Reform, to hold a recruitment competition for An Garda Síochána. I will now make arrangements with the Public Appointments Service so that they can do the necessary preparatory work to deal with what is expected to be a very large number of applications later this year.
