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Thursday, 18 Jul 2013

Written Answers Nos 515-529

Peace Commissioners

Questions (516, 517)

Andrew Doyle

Question:

516. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on whether the number of peace commissioners allocated to an area (details supplied) is sufficient; if his attention has been drawn to the availability of peace commissioners in this geographic area; his views on whether additional peace commissioners are necessary to meet the demand for their voluntary services; and if he will make a statement on the matter. [36172/13]

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Andrew Doyle

Question:

517. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on whether the number of peace commissioners allocated to an area (details supplied) is sufficient; if his attention has been drawn to the availability of peace commissioners in this geographic area; his views on whether additional peace commissioners are necessary to meet the demand for their voluntary services; and if he will make a statement on the matter. [36173/13]

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Written answers

I propose to take Questions Nos. 516 and 517 together.

Peace Commissioners are appointed under section 88 of the Courts of Justice Act, 1924. It is open to anyone to seek nomination to this office and all such requests for appointment are considered by me. The Garda authorities may also request an appointment in the public interest when they believe there is an essential need for a further appointment. There are currently 17 Peace Commissioners entered on the current Roll of Peace Commissioners residing in the areas referred to. It must be taken into account, however, that Peace Commissioner records are appointment based and that, while every effort is made to maintain an accurate record of active Peace Commissioners, the Department is reliant on Peace Commissioners individually and other interested parties to advise of changes which may occur subsequent to appointment. Peace Commissioner records are maintained by reference to the Garda administrative areas in which Peace Commissioners reside.

EU Presidency Issues

Questions (518)

Andrew Doyle

Question:

518. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will provide an update on the agreement made during the Irish EU Presidency on the creation of a European border surveillance system, EUROSUR; the implications of this for here; the State body that will take responsibility for it in Ireland; and if he will make a statement on the matter. [36190/13]

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Written answers

The Irish Presidency successfully concluded negotiations with the European Parliament on the Regulation establishing the European border surveillance system (EUROSUR). It is expected that formal adoption of the Regulation will take place in time for the system to come into effect by the end of the year. The aim of EUROSUR is to reinforce the control of the Schengen external borders. In particular, EUROSUR will establish a mechanism for member states' authorities carrying out border surveillance activities to share operational information and to cooperate with each other and with the FRONTEX Agency in order to reduce the number of irregular immigrants entering the EU undetected, and to increase internal security by preventing cross-border crime, such as trafficking in human beings and the smuggling of drugs. It will also contribute to the protecting and saving the lives of migrants; particularly those at risk on the high seas where tragically lives have been lost of persons in small or makeshift craft seeking to reach European shores.

The regulation will apply to the surveillance of land and sea external borders of the member states in the Schengen Area. It may also be applied to the surveillance of air borders as well as to checks at border crossing points if the member states voluntarily provide such information to EUROSUR. It is envisaged that the application of the EUROSUR regulation to the member states located at the southern and eastern external borders will start from December 2013 and to the remaining participating member states from December 2014.

The Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part in the border provisions, in accordance with Council Decision 2002/192/EC of 28 February 2002. Ireland is therefore not bound by it or subject to its application. The United Kingdom are in a similar position. However, the Regulation provides for the possibility of close cooperation and exchanges of information with Ireland and the United Kingdom on the basis of bilateral or multilateral agreements between Ireland and the United Kingdom and one or several neighbouring Member States or through regional networks based on these agreements which may assist in better achieving the objectives of EUROSUR.

For the sake of completeness, it should be noted that, separately, with the objective of protecting the integrity of the Common Travel Area (CTA) arrangement, Ireland and the United Kingdom cooperate closely on a range of measures aimed at securing the external borders of the CTA. The nature of this cooperation is much the same as that envisaged under the EUROSUR arrangement and involves daily operational cooperation between the immigration authorities of both countries.

Schengen Agreement

Questions (519)

Andrew Doyle

Question:

519. Deputy Andrew Doyle asked the Minister for Justice and Equality if Ireland will have access to the exchange of information between police and border authorities now that the Schengen information system has been achieved during the Irish EU Presidency; and if he will make a statement on the matter. [36224/13]

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Written answers

The Schengen Agreement was incorporated into the framework of the European Union under the Treaty of Amsterdam. The relevant Protocol recognised the fact that Ireland and the United Kingdom were not parties to the Schengen Agreement and made provision to allow those Member States to accept some or all of its provisions. The Schengen Information System is the mechanism through which Schengen-related information is exchanged electronically. The second generation of this system was brought into operation in April 2013.

Ireland has successfully applied to take part in certain elements of the Schengen Agreement, including police cooperation. Our application to participate in the specified articles of the Agreement was approved by a Council Decision and, in accordance with this Decision, the provisions will come into effect only after a range of technical and legislative measures have been put in place and successfully evaluated by the Council. Ireland has not, however, applied to participate in the Schengen arrangements to the extent that they deal with the abolition of border checks. This is because the Common Travel Area with the United Kingdom could not continue to operate if Ireland were to remove border checks with Schengen States generally while the UK did not. In such circumstances land border controls would appear to be inevitable and it is obviously something that no Irish Government would seriously contemplate bringing about.

The measures which are needed to enable Ireland to meet its Schengen requirements are currently being pursued. These include the provision of national computer facilities to be linked to the Schengen Information System and the project will be progressed in the light of available resources.

EU Directives

Questions (520)

Andrew Doyle

Question:

520. Deputy Andrew Doyle asked the Minister for Justice and Equality the measures contained in the agreement on the right of access to a lawyer in the criminal proceedings directive, achieved during the Irish EU Presidency; the implications for Ireland; the way it will affect the legal system here; and if he will make a statement on the matter. [36226/13]

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Written answers

Under the Irish Presidency, the EU Council and the European Parliament, as co-legislators, reached agreement on the Directive on the right of access to a lawyer in criminal proceedings and European arrest warrant proceedings, and on the rights to have a third party informed upon deprivation of liberty and to communicate, while deprived of liberty, with third persons and consular authorities. The Directive is expected to be formally adopted in the early autumn, once the necessary procedural steps have been completed by both institutions.

As its title suggests, the Directive provides a range of rights for suspects and accused persons. These include: the right of access to a lawyer during police questioning and throughout criminal proceedings; the right of an arrested person to have a someone, such as a family member, informed of that arrest and to communicate with that person; and the right of an arrested person to contact their country's consulate. Ireland is not bound by the Directive as Ireland did not exercise the option under Protocol 21 to the EU Treaties to opt in to the measure as initiated. Under that Protocol, Ireland can, however, opt in to the Directive at any time after it has been adopted. The choice of opting in to the Directive following its adoption remains open.

Question No. 521 answered with Question No. 502.

Garda Transport Provision

Questions (522)

Niall Collins

Question:

522. Deputy Niall Collins asked the Minister for Justice and Equality the number of Garda vehicles currently assigned across the State; the number delivered to date; the number operational; and if he will make a statement on the matter. [36235/13]

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Written answers

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and available resources. All Garda vehicles are assigned on an operational basis. I am advised by the Garda authorities that on 30 June 2013 the Garda Fleet comprised 2,473 vehicles and that on the same date the number of new vehicles assigned in 2013 was 204.

Overall, the Deputy will be aware that an additional €3 million was made available towards the end of last year which enabled the Force to procure 171 vehicles. This brought total investment in the Garda fleet in 2012 to €4 million and resulted in a total of 213 new vehicles being procured during the year. Furthermore, a specific allocation of €5 million has been provided for the purchase and fit-out of Garda transport in the current year. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service. In keeping with this approach, I will continue to seek to identify the potential for additional funding for the Garda Fleet. This will, of course, be contingent on expenditure in other areas across and outside the Justice Sector.

Property Services Regulatory Authority

Questions (523)

Niall Collins

Question:

523. Deputy Niall Collins asked the Minister for Justice and Equality the timeframe for the development of a commercial property sales register through the Property Services Regulatory Authority; and if he will make a statement on the matter. [36236/13]

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Written answers

Arising from concerns in relation to lack of transparency in relation to residential property sales prices and the terms of commercial leases, the Property Services (Regulation) Act 2011 provides for the establishment and maintenance by the Property Services Regulatory Authority of a Register of Residential Sales Prices and a Commercial Leases Database. The Residential Sales Price Register was published by the Authority on 30 September 2012. The Authority expects to publish the Commercial Leases Database during August 2013. There is no provision in the legislation for the development of a Register of sale prices of commercial property and the Authority has no plans to develop any such Register.

Garda Equipment

Questions (524)

Niall Collins

Question:

524. Deputy Niall Collins asked the Minister for Justice and Equality if any Garda assets have been warehoused due to a lack of trained personnel able to operate them; and if he will make a statement on the matter. [36237/13]

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Written answers

The Garda Commissioner is responsible for the provision and the deployment of Garda equipment. Within this framework every effort is made to ensure that all Garda resources are fully utilised and that they contribute towards the overall effectiveness of the Force to the maximum extent possible. The Deputy will appreciate that a very broad range of equipment is in service within An Garda Síochána and in that context I would be grateful if he could be more specific in terms of his Question. I will, of course, be happy to follow up any relevant matters with the Garda authorities.

Courts Service Issues

Questions (525, 529)

Niall Collins

Question:

525. Deputy Niall Collins asked the Minister for Justice and Equality the number of times the new judicial forum working group has met since March 2013; if he has consulted the group on plans for changes to the court structure; and if he will make a statement on the matter. [36238/13]

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Niall Collins

Question:

529. Deputy Niall Collins asked the Minister for Justice and Equality the number of times the new judicial forum working group has met since March 2013; if he has consulted the group on plans for changes to the court structure; and if he will make a statement on the matter. [36242/13]

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Written answers

I propose to take Questions Nos. 525 and 529 together.

The Government has facilitated a new arrangement in the form of a Working Group chaired by the Chief Justice and comprising the Presidents of the Courts and other representative judges. The Attorney General, who has traditionally acted as the formal link with the Judiciary, also attends the Group accompanied by the Secretary General to the Government. There have been three meetings of the Group to date and it is intended that the Group will meet on an ongoing basis. Since my appointment, I have met regularly with the Chief Justice in her capacity as Chair of the Courts Service Board on a range of issues and from time to time with the Presidents of the various jurisdictions and other members of the Judiciary. For example, the Attorney General and I met with the Chief Justice and the President of the Circuit Court to discuss the role of the new specialist judges of the Circuit Court and I have also met the President of the High Court and his colleagues in relation to a range of issues including the proposed establishment of a Court of Appeal.

Property Services Regulatory Authority Remit

Questions (526)

Niall Collins

Question:

526. Deputy Niall Collins asked the Minister for Justice and Equality his plans to expand the remit of the Property Services Regulatory Authority to encompass rent prices across the country through the PRTB; and if he will make a statement on the matter. [36239/13]

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Written answers

Under the provisions of the Property Services (Regulation) Act 2011, the Property Services Regulatory Authority does not have any responsibilities in relation to rent prices in the private residential rented sector. In relation to that sector, the Private Residential Tenancies Board (PRTB), which comes under the aegis of my colleague, the Minister for the Environment, Community and Local Government, is responsible for maintaining a national register of tenancies and the provision of mechanisms to resolve tenancy disputes in a timely, cost-effective and equitable manner.

I understand that in May 2013 the PRTB launched its national rent index which provides quarterly information on average rent prices in the private residential sector based on location and property variables. The Residential Tenancies Act 2004, under which the PRTB is established, specifically provides that the setting of rent above market rent is prohibited. I have no plans to extend the remit of the Property Services Regulatory Authority to encompass rent prices in the private residential rented sector.

Magdalen Laundries Issues

Questions (527)

Niall Collins

Question:

527. Deputy Niall Collins asked the Minister for Justice and Equality the position regarding the Quirke report on the Magdalen laundries redress scheme timeframe of implementation; and if he will make a statement on the matter. [36240/13]

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Written answers

Arrangements are in place in my Department to process applications for payments under the scheme from the women involved. A copy of Mr Justice Quirke’s report and an application form was posted to all women who had already registered an expression of interest with the Department. In excess of 672 applications forms have issued to date and 259 completed forms were returned for processing by close of business yesterday. The verification process for some applicants will take time depending on the availability and extent of records.

The Government has also established a committee with key Departments and the Office of the Attorney General to examine how best to implement Mr Justice Quirke's other recommendations. While it has been decided in principle to implement these recommendations in full, implementation of some of them are quite complicated and may require legislation. The Group held their first meeting on 4 July and I expect them to report back to me in about 6 weeks.

State Bodies Establishment

Questions (528, 536)

Niall Collins

Question:

528. Deputy Niall Collins asked the Minister for Justice and Equality if the Irish Human Rights and Equality Commission has appointed a chief commissioner to date; and if he will make a statement on the matter. [36241/13]

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Thomas P. Broughan

Question:

536. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the date on which the legislation to establish the new Irish Human Rights and Equality Commission will be published; and the work now under way within the Public Appointments Service to independently appoint a chief commissioner to the IHREC. [36249/13]

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Written answers

I propose to take Questions Nos. 528 and 536 together.

In April this year I announced the appointment of members designate of the new Irish Human Rights and Equality Commission. At that time I explained that the independent Selection Panel, which was established to carry out this task, had confirmed to me that it had not proved possible to recruit a Chief Commissioner at that time. The Selection Panel suggested that the full-time nature of the position and the length of the contract (5 years) may have been issues that mitigated against the successful recruitment of a Chief Commissioner. The position was designated as a full-time one as the Paris Principles, which govern the establishment of such bodies, contain a preference for a full-time Commissioners. When the Chief Commissioner position was advertised it included a requirement that the person to be appointed should not have served on either the Equality Authority or the Human Rights Commission. This requirement is considered essential to ensure that the Chief Commissioner will bring balance and neutrality to the position in a sensitive merger context and will remain as a requirement when the position is re-advertised.

In the light of the experience gained in the recruitment process to date, I consider as already announced that future selection of persons to serve as members of the Irish Human Rights and Equality Commission should be vested in the Public Appointments Service (PAS). The PAS has existed in its different forms since the foundation of the State, to ensure integrity and impartiality in the appointment of civil servants and other public servants and is independent in the discharge of its functions and would thus fully meet the Paris Principles’ requirement for a selection process independent of Government.

This is a change in the selection process as originally adopted in the General Scheme of the Bill, which I consider is now required in the light of experience. I note that use of the PAS was one of the other options considered by the Working Group set up to advise me on practical arrangements for establishment of IHREC in its report. My Department is in consultation with the Public Appointment Service in relation to the detailed arrangements in that regard and I hope to be in a position to make a further announcement shortly. Drafting of the IHREC Bill is at a very advanced stage and I expect to publish it in the autumn.

Question No. 529 answered with Question No. 525.
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