Written Answers Nos. 12-18
12. Deputy Catherine Murphy asked the Minister for Justice and Equality if he intends to make proposals as part of his overall approach to courts reform to tackle the delays experienced by persons in accessing free legal aid; if the delays in accessing such legal aid are having a major impact upon the timely administration of justice; and if he will make a statement on the matter. [39811/13]
View answerI wish to inform the Deputy that there is no waiting period associated with the granting of criminal legal aid as under the Criminal Justice (Legal Aid) Act 1962, the courts, through the judiciary, are responsible for the granting of legal aid on the applicant's appearance in Court.
In regard to civil legal aid the Deputy should be aware that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy.
Demand for legal services from the Legal Aid Board (“the Board”) has increased significantly since the down-turn in the economy. While there was a 10% drop in demand at the general law centres in 2012 compared to 2011, nevertheless the demand for general legal services (excluding asylum) in 2011 was 93% greater than it was in 2006. Demand in 2013 is running at the same level as it was in 2012. The Board has not been subject to the sort of cuts to its grant-in-aid that other public service bodies have had to experience and I have been able to maintain the Board’s grant-in-aid at the same level for 2013 as it was in 2012 (and 2011).
Nevertheless it is a challenging environment that has resulted in lengthened waiting times for those seeking legal services for matters that are not prioritised. Notwithstanding the pressures on resources, the Government has further supported the Board by approving exemptions from the moratorium to enable the organisation to recruit front-line staff for direct service delivery. The Public Appointments Service concluded a solicitor recruitment competition for the Board earlier this year from which a number of permanent appointments have been made and a number of temporary positions have also been filled.
As the Deputy may be aware, on 12 September 2013, I signed into law a new statutory instrument in respect of civil legal aid provided by the Legal Aid Board which, inter alia, provides for an increased contribution from persons availing of the services offered by the Board. I intend for any funds raised by these measures to be retained by the Board to better fund the provision of services to those in need of them and reduce waiting times for those services. At a time when the State is facing significant demands on its resources an increase in contributions allows the Board to achieve its objectives without money being diverted from other programmes. The increased contributions should result in increased funding of up to €700,000 per annum being available to the Board once the increases have full impact.
I believe this additional resource for the Board will assist it in tackling those waiting times. I am conscious that the increase in the minimum contribution as a percentage is significant. However, I believe the contributions payable still compare favourably with other jurisdictions. Provisions remain in place to allow the contribution to be waived in hardship cases.
13. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will carry out an inquiry into the reports that Shell gave boxes of alcohol as presents to the Garda station in Rossport; and if he will make a statement on the matter. [39809/13]
View answerAllegations of this nature have previously been made to the District Officer at Belmullet in December 2011. I was advised by the Garda authorities that inquiries conducted into those allegations at the time found no evidence of alcohol being distributed to members of the Garda Síochána by or on behalf of the company named.
The Garda Commissioner subsequently appointed a senior officer to inquire into the matter in light of fresh allegations which had been made.
I am now informed by the Garda authorities that on the 19th of September this matter was referred by An Garda Síochána to the Garda Síochána Ombudsman Commission (GSOC) under Section 85(1) of the Garda Síochána Act 2005 in the light of certain statements made during the course of that inquiry.
The Deputy will be aware that the Garda Síochána Ombudsman Commission is an independent statutory body. It was established under the Garda Síochána Act 2005. The Ombudsman Commission, under the Act, is required and empowered to:
- Directly and independently investigate complaints against members of the Garda Síochána;
- Investigate any matter, even where no complaint has been made, where it appears that a Garda may have committed an offence or behaved in a way that would justify disciplinary proceedings.
In these circumstances it is a matter at present for the Garda Síochána Ombudsman Commission to decide what action they consider appropriate and members of the House will appreciate that I am not in a position to comment further on the matter at this time.
14. Deputy Sean Fleming asked the Minister for Justice and Equality if he will an update on the amalgamation of the Equality Authority and the Human Rights Commission; and if he will make a statement on the matter. [39595/13]
View answerWork is at an advanced stage on the Irish Equality and Human Rights Commission Bill and I hope to be in a position to publish it shortly.
As I have previously informed the House, I announced the appointment of members designate of the Commission in April last. At that time I explained that the independent Selection Panel, which was established to carry out the selection task, had confirmed to me that it had not proved possible to recruit a Chief Commissioner at that time. I hope to be in a position to recommence the recruitment of a Chief Commissioner shortly. In the light of the experience gained, I consider that responsibility for the selection of Chief Commissioner and that of future Commissioners should rest with 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.
The members designate of the Commission are undertaking practical work on advancing the merger on an administrative basis and on identification of the new Commission's strategic priorities. They with the staff of both the Equality Authority and the Human Rights Commission are currently operating in a cohesive manner in this transition period. An example of this work is their preparation, at my request, of a detailed staffing needs assessment for the new Commission. This submission is currently being examined in conjunction with the Department of Public Expenditure and Reform. I am of course conscious of the current difficult economic climate. However, notwithstanding these difficulties I remain committed to doing everything I possibly can to ensure that the Commission has the resources in place to carry out its mandate fully.
15. Deputy Michael McGrath asked the Minister for Justice and Equality the number of applications that have been made to the Insolvency Service of Ireland since its inception to date; and if he will make a statement on the matter. [39604/13]
View answerThe Insolvency Service of Ireland (ISI) began accepting applications for the three new debt relief solutions introduced by the Personal Insolvency Act 2012, as amended, on 9 September 2013. The ISI has advised that, in the interest of confidentiality, it does not intend to make public details or breakdowns of the number of applications received or being processed at this time. I am further advised that the ISI fully intends to provide quarterly statistics once a statistically meaningful number of applications have been processed.
As I originally indicated in the course of the passage of the Personal Insolvency legislation through the Houses of the Oireachtas, provisional estimates of the number of applications in one full year of operation of the three new debt relief solutions are 15,000 for Debt Settlement Arrangements and Personal Insolvency Arrangements and 4,000 to 5,000 Debt Relief Notices.
I understand that the first Debt Relief Notice will issue within the next month as will the first Protective Certificate that will cover those applying for a Debt Settlement Arrangement or a Personal Insolvency Arrangement. As the Deputy will be aware, Debt Settlement Arrangements and Personal Insolvency Arrangements are conducted in a two stage process. The Protective Certificate at stage one offers a 70 day window for Practitioners to develop a proposal to the satisfaction of the debtor and creditors. This should mean that the first Debt Settlement Arrangement or Personal Insolvency Arrangement will issue later this year - approximately 70 days after the first Protective Certificate is issued. It is important to note that as soon as the Protective Certificate issues, debtors are protected from any action that creditors, subject to the Protective Certificate, may be inclined to take.
16. Deputy Seán Crowe asked the Minister for Justice and Equality if his attention has been drawn to the issues raised in relation to legal aid and the length of time that a woman in a domestic violence case has to wait to receive same; his plans to address this issue; and if he will make a statement on the matter. [39749/13]
View answerI wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board. However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy. I am informed by the Legal Aid Board that priority is given to applicants seeking legal services in certain categories of cases which include domestic violence.
The Board have advised me that, in relation to domestic violence cases, an applicant on making contact with a law centre or with the Board's office at Dolphin House in Dublin (where the District Family Court sits), is requested to complete an application form which includes details of their finances. The applicant must satisfy a means test and be found to be financially eligible under the provisions of the Act and Regulations. If they are eligible, they are either offered an appointment with a solicitor in a law centre or, as is almost invariably the case in Dublin, they are granted a legal aid certificate enabling them to retain a private solicitor from the Board's panel to represent them. The applicant is asked to pay the financial contribution however, an application may be made on their behalf to reduce or waive the contribution if they are unable to pay it.
If they are getting an appointment with a solicitor in a law centre they will be given an appointment at the earliest opportunity. This may be a matter of days. Should they be issued with a legal aid certificate enabling them to retain a private solicitor from the Board's panel they will be given a list of the solicitors who are on the panel for the particular county. In the event of an applicant experiencing difficulty finding a solicitor to take the case the law centre or Dolphin House office may assist them in doing so.
17. Deputy Timmy Dooley asked the Minister for Justice and Equality the current number of Gardai in the force and his estimate of the number of Gardai by the end of 2013, 2014 and 2015; and if he will make a statement on the matter. [39592/13]
View answerI have been informed by the Commissioner that the strength of the force as of the 31 August, 2013 was 13,190 along with 1,190 Reserve Gardaí and over 2,000 civilian support staff. It is difficult to predict with any certainty the exact number of Garda members who will retire by the end of the year. The Deputy will recall that under the terms of the arrangements his party entered into in November 2010 when in Government the number in the Garda force was to be reduced to 13,350 by 31 December 2012. At that date there were in fact 13,424 Garda members. I have managed to maintain members of An Garda Síochána at a higher level than previously agreed by the Deputy's party in Government.
Garda strength at any one time is influenced by a number of factors, including in particular the rate of retirement and the rate of attestation of Garda trainees, and it would be speculative to predict the precise Garda strength at the end of 2014 or 2015. As the Deputy is aware, however, I have secured the approval of my colleague, the Minister for Public Expenditure and Reform, for a recruitment competition for the Garda Síochána. There are a number of procedural issues that need to be finalised prior to the formal commencement of that competition and these are expected to conclude in the coming weeks with the first students entering the Garda College in Templemore, Co Tipperary, in mid-2014.
18. Deputy Dara Calleary asked the Minister for Justice and Equality the steps An Garda Síochána has taken to compensate for the loss of Garda stations across rural communities; the number of new community alert schemes in which the Gardaí are engaged in 2012 and 2013; the number of new Garda clinics opened in 2013 and 2012; and if he will make a statement on the matter. [39576/13]
View answer35. Deputy Seamus Kirk asked the Minister for Justice and Equality if An Garda Síochána has developed a new strategy for community engagement in view of the recent station closures; and if he will make a statement on the matter. [39580/13]
View answerI propose to take Questions Nos. 18 and 35 together.
The 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. The Garda Síochána continue to work closely with local communities to enhance community safety through a wide range of measures, including the Neighbourhood Watch and Community Alert Schemes, and the new Garda Text Alert Scheme.
There are over 1,400 local Community Alert groups around the country administered by Muintir na Tíre in close co-operation with the Garda Síochána. A new Garda Community Crime Prevention Programmes booklet has been published to support the establishment and operation of Community Alert, Neighbourhood Watch and similar local crime prevention initiatives.
In addition, a new Garda Text Alert Scheme was launched yesterday by the Garda Commissioner. This scheme, which has been piloted in a number of locations, was developed through close cooperation between the Garda Síochána, Muintir na Tíre, Neighbourhood Watch, the Irish Farmers Association and related stakeholders. It provides a further mechanism by which An Garda Síochána can provide crime prevention information to community groups, who in turn will forward this information and advice by text or email to all members of the group in the community. I understand that these arrangements were very well received during the pilot phase of the project. The Garda Síochána also run community clinics as local initiatives at District and Sub-District level to provide basic Garda services to meet local needs. They are usually operated by community Gardaí in community centres, local halls, schools or shopping centres. Clinics can operate to deliver a stand alone function, such as supporting a particular campaign, or as part of a wider theme, such as the Community Alert scheme. I have asked the Commissioner for the latest information on the number of community schemes and clinics, and I will forward this information to the Deputy as soon as it is to hand.
