Written Answers Nos 508-526
508. Deputy Terence Flanagan asked the Minister for Justice and Equality the way the judges for the new court of appeal will be appointed if the referendum on the matter is passed (details supplied); and if he will make a statement on the matter. [41021/13]
View answerThe referendum on the proposed Thirty-third Amendment of the Constitution (Court of Appeal) Bill will be held on October 4th. The establishment of the Court of Appeal will require the enactment of an “Implementation Bill” that will deal with many practical issues in regard to the new Court of Appeal, such as the formal establishment and membership of the Court of Appeal; the appointment of judges, the organisation of the Court and provision for the office of Registrar of the Court; among other issues. The existing requirements for appointment to the Superior Courts are set out in Section 5 of the Courts (Supplemental Provisions) Act 1961, as amended by section 28 of the Courts and Court Officers Act 1995 and further amended by section 4 and section 6 of the Courts and Court Officers Act 2002. Judges are appointed by the President on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. It should be noted that section 17 of the same Act provides that the Board's procedures shall not apply where the Government propose to advise the President to appoint a serving judge.
The costs of the proposed Court of Appeal continue to be analysed but the current estimate is that the Court of Appeal would have an annual cost of €2.5 to €3m. This includes judicial salaries plus the cost of overheads, support staff, etc. These are, however, preliminary figures and the ultimate costs will depend on the number of judges required. The current assessment is that the new Court will require 10 judges (9 ordinary and a President) but the final decision on this aspect can only be made when we have a clearer picture of the Supreme Court backlog which will exist when the implementation bill is being finalised. It is expected that the appointment of two additional Supreme Court judges in the autumn will allow the Supreme Court to sit regularly in two Divisions which should have a positive impact reasonably quickly.
Of course, there would be a significant personal and business cost of not providing a solution to this structural problem. The current level of delay in the Supreme Court of over four years is unsustainable for individuals and businesses seeking to pursue their Constitutional right of appeal. The establishment of a Court of Appeal provides a long-needed reform of our courts system. It will have significant benefit for individual citizens, but will also maintain the internationally recognised standing of Ireland as a competitive economy in which to do business.
509. Deputy Dara Calleary asked the Minister for Justice and Equality the number of bench warrants currently outstanding in Dublin; if he will provide a breakdown of these bench warrants on a division and district basis; and if he will make a statement on the matter. [41047/13]
View answerIn the time available it has not been possible for the Garda authorities to supply the information requested by the Deputy. I will be in contact with the Deputy when the information is to hand.
510. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding legislation on prostitution; and if he will make a statement on the matter. [41048/13]
View answerThe correspondence sent to the Deputy concerns the recent report of the Joint Committee on Justice, Defence and Equality on hearings and submissions on the current review of prostitution legislation. The Joint Committee published its report on 27 June last. The position is that I have written to the Chairman seeking clarification of recommendations made by the Joint Committee. I have also requested legal advices from the Attorney General, and the views of the Minister for Health, on the report. It should be noted that existing legislation includes offences of organising prostitution, brothel keeping, living off the earnings of prostitution and human trafficking for sexual exploitation.
511. Deputy Tom Fleming asked the Minister for Justice and Equality if he will examine a petition by a person (details supplied) in County Kerry; if he will communicate with his Department, the Irish Naturalisation and Immigration Service and Irish-born child to resolve the dilemma that the person finds themselves in; and if he will make a statement on the matter. [41091/13]
View answerThe person concerned, a failed asylum applicant, has sought a right of residency in the State, accompanied by a right to work, based on the principles of the Zambrano Judgment. I am advised that the consideration of this latter application is nearing completion and a decision should issue shortly.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
512. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide an update on the Magdalen laundries restorative justice scheme to include the number of women who have applied to the fund; the number of the applicants that have received a payment, medical card, pension payment and-or additional supports as provided by the Magdalen commission report; and if he will confirm that the Irish Women’s Survivors Network has received the payment of €250,000 as announced earlier this year. [41104/13]
View answerAs the Deputy is aware, on 25 June 2013 the Government approved the immediate implementation of a cash lump sum payments scheme based on duration of stay in laundries recommended by Judge Quirke and tasked an Interdepartmental Group with giving further detailed consideration to the steps necessary to implement the other recommendations. some of which are complicated and will require legislation. I have already established a special unit to process applications and to determine whether an applicant resided and worked in an institution covered by the scheme, the duration of their stay, and the calculation of the capital sum due to be paid to them. Over 540 applications have been received to date and are being processed.
Payments cannot commence until decisions have been made on the other recommendations. I expect to receive the report of the Interdepartmental Group within the next week and I will then bring the matter back before the Government for final decision. I would expect that the first offers of payments of a lump sum to issue within 4-6 weeks of the Government decision. Officials in my Department are in contact with the Irish Women Survivors Support Network in the UK and it is expected that the payment of €250,000 may be made shortly.
513. Deputy John O'Mahony asked the Minister for Justice and Equality if it is intended that the Law Society will continue to have a dual role both representative and regulatory in the provisions of the Legal Services Bill 2011; if it is intended that there will be a provision in the Bill to provide for a fair, just and appropriate review system for solicitors in respect of any complaints that they individually or collectively might have against the regulator, whether it be the Law Society or the regulator, for legal services; and if he will make a statement on the matter. [41143/13]
View answer514. Deputy John O'Mahony asked the Minister for Justice and Equality if he has decided to leave the financial investigation of solicitors' practices to be handled by the Law Society; and if he will make a statement on the matter. [41144/13]
View answer515. Deputy John O'Mahony asked the Minister for Justice and Equality if he has decided to remove the complaints jurisdiction currently exercised by the Law Society to a new legal services regulator; and if he will make a statement on the matter. [41145/13]
View answerI propose to take Questions Nos. 513 to 515, inclusive, together.
As I have publicly stated on a number of occasions, there has been a change in approach to the regulation of solicitors’ accounts since the publication of the Legal Services Regulation Bill 2011. I have been persuaded by the view that the regulation of accounts, including the investigation of possible acts of fraud and dishonesty which could lead to a claim on the Solicitors' Compensation Fund, should continue to done by the Law Society and its Financial Regulation Section. This decision has been based on the fact that it is not desirable that the State should assume responsibility or potential future liability for the breach of financial regulations by practising solicitors. This would involve the State assuming a very substantial burden which would, in the process, lessen the very serious incentive for compliance which results from the solicitors' profession being liable for claims on the Fund themselves. It would also substantially increase the staffing requirements and running costs of the Legal Services Regulatory Authority which is to be self-financing.
The annual report of the Independent Adjudicator of the Law Society of Ireland for the year ending 30 September 2012 notes that the net assets of the Solicitors' Compensation Fund were valued at €16 million in 2012 and the annual contribution by each solicitor to the Fund during that period was €700. In 2011 244 claims were received by the Compensation Fund in the amount of €7.6 million and €2.5 million was paid out in that same period. In the six months up to the end of June 2012 162 claims were received amounting to €1.9 million with €0.7 million paid out in claims. A number of these recent claims have attracted public and media attention. The Law Society is, therefore, able to respond immediately to serious financial complaints and reserves the right to carry out investigations, without notification, where justified by the circumstances. The Society can also apply to the High Court for orders to protect clients' funds when serious irregularities arise. It should also be borne in mind that, following the enactment of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, the Law Society is required to investigate compliance with anti-laundering regulations. The proposed retention of the Law Society’s functions with regard to the Compensation Fund is, therefore, a recognition of the fact that the Society has an established and rigorous financial regulation regime which, of its nature, strongly incentivises financial compliance by solicitors in the public interest while simultaneously avoiding the imposition of an undesirable burden on the State. I will, therefore, be proposing amendments to Part 3 of the Legal Services Regulation Bill to reflect this policy position.
While the Law Society will continue to exercise responsibility for the financial regulation of solicitors it will no longer deal with complaints from members of the public or misconduct proceedings, including those that may arise from fraud and dishonesty. In tandem with the establishment of a new Legal Services Regulatory Authority that will be independent of the Government and the two legal professions in its appointment and in the discharge of its functions, the Bill will establish an independent complaints framework to deal with allegations of professional misconduct by both solicitors and barristers. The public will have direct access to this new framework - at present such complaints are made through the Law Society or the Bar Council. There will also be an independent Legal Practitioners’ Disciplinary Tribunal to deal with allegations of serious misconduct by both solicitors and barristers - they have two parallel disciplinary and tribunal structures at present. In relation to possible complaints by legal practitioners about the new Legal Services Regulatory Authority, the Bill contains an array of provisions which would provide redress in such circumstances including, where appropriate, access to the High Court for judicial review. The Legal Services Regulatory Authority, which will have a lay majority and chair to be appointed by nominating bodies, will also include representatives of the legal professions in its membership.
Some elements of regulation are set to remain with the Law Society and the Bar Council under the new Bill. For example, they will be able to continue to set rules, regulations, practice notes and codes of conduct for their members subject to the provisions of the new Bill. They will retain certain of their own committees, working groups and task forces. They will maintain a role in the field of legal vocational education and training, though this area will be subject to a review by the new Regulatory Authority. However, there will be a far clearer distinction between their representative and regulatory functions by virtue of the fact that complaints from members of the public will be dealt with independently thereby avoiding any perceived conflicts of interest and enhancing public confidence in the new regulatory regime. These changes are being augmented by a more modern, consumer friendly and transparent legal costs regime under the Office of the Legal Costs Adjudicator that will take over the duties of the existing Taxing-Master. The Bill sets out, for the first time in legislation, a set of Legal Costs Principles and the determinations of the Legal Costs Adjudicator, who may also issue legal costs guidelines, will be made public. The Bill will also open the legal services sector to new business models that will provide new opportunities for legal services providers while also providing greater choice and competition for the benefit of consumers.
As the Deputy will be aware, Committee Stage of the Bill commenced on 17 July and I can confirm that detailed work on the Bill, including in relation to some of the issues raised, continues in my Department in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. Committee Stage is to resume as soon as possible in the current session with a view to achieving the earliest possible enactment of the Bill and the timely implementation of its reforms.
516. Deputy John O'Mahony asked the Minister for Justice and Equality in relation to the Coroners Bill 2007, if he will enact the legislation in its present format; when the Bill will be progressed; and if he will make a statement on the matter. [41146/13]
View answerThe Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and the Coroners Rules Committee in 2003. It will permit the State to better provide for the fulfilment of its obligations under the European Convention on Human Rights and, in particular, in regard to the Article 2 requirement to ensure an effective investigation of deaths of persons where the circumstances of the death may involve the State.
The key elements of the Bill include:
- enhancing inquiry and inquest processes,
- establishing the office of Chief Coroner to provide leadership and direction in all coronial matters;
- providing the necessary legal framework for the establishment of a new Coroner Service;
- moving to a smaller number of full-time coroners;
- statutory requirement to ensure that family members are notified at significant steps of the coronial process;
- clarifying a specific regime for coroner post-mortem examinations, including provision for retention and release of body parts and bodily samples, and
- promoting cooperation between coroners and other agencies also involved in investigations of deaths.
The Bill is in the course of being reviewed within my Department. Demands on this important service have grown significantly in recent years. The numbers of deaths reported to coroners increased from 12,124 in 2007 to 15,403 in 2012. It is necessary to consider the impact of any relevant legal and medical developments since publication in April 2007. It is also necessary to examine the proposed administrative structures in regard to the future provision of an improved coronial service to determine whether they remain appropriate and cost effective.
While it would be my wish to be in a position to progress this important Bill, it is not possible to indicate with any certainty at this point, the likely time table in that regard. The Deputy will be aware that a number of early reform measures in regard to the coroners service have been taken. The Courts and Civil Law (Miscellaneous Provisions) Act 2013 included amendments to the Coroners Act 1962 and the Civil Legal Aid Act 1995 to provide for the provision of legal advice and legal aid in respect of certain inquests. The Civil Law (Miscellaneous Provisions) Act 2011 provided for some early reforms in coronial matters, including an amalgamation of the Dublin County and City coronial districts.
517. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding cyclists speeding on a path near a school (details supplied). [41222/13]
View answerThe Deputy will be aware that members of An Garda Síochána enforce the law on pedal cycling as part of their normal duties. In addition to day to day enforcement of the relevant provisions of the Road Traffic Acts, breaches of the legislation are regularly targeted by way of specific Garda operations which take into account the interaction of cyclists, pedestrians and vehicular traffic. Where breaches of legislation are detected, members of An Garda Síochána, depending on the circumstances, may deal with the incident by way of advice or caution or by initiating criminal proceedings. I have brought the Deputy's concerns surrounding the specific location in question to the attention of the Garda authorities for any appropriate action.
518. Deputy Joanna Tuffy asked the Minister for Justice and Equality if he will provide an update on all regulatory impact statements carried out on Bills in his Department since this Government took office to date; if he will list these Bills in tabular form; and if he will make a statement on the matter. [41598/13]
View answerThe tabular statement below sets out details of all 17 Regulatory Impact Assessments which were carried out on Bills in my Department since the current Government took office on 9 March 2011.
|
Year |
Bill |
|
2011 |
Criminal Justice (Community Service) Bill 2011 |
|
Criminal Justice Bill 2011 |
|
|
2012 |
National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 |
|
Criminal Justice (Search Warrants) Bill 2012 |
|
|
Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Adults) Bill 2012 |
|
|
Criminal Justice (Spent Convictions) Bill 2012 |
|
|
Criminal Justice (Corruption) Bill 2012 |
|
|
Garda Síochána (Compensation for Malicious Injuries) Bill 2012 |
|
|
Equal Status Amendment Bill 2012 |
|
|
Personal Insolvency Bill 2012 |
|
|
Mediation Bill 2012 |
|
|
Family Leave Bill 2012 |
|
|
2013 |
Assisted Decision-Making (Capacity) Bill 2013 |
|
Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 |
|
|
Fines (Payment and Recovery) Bill 2013 |
|
|
Courts and Civil Law (Miscellaneous Provisions) Bill 2013 |
|
|
Criminal Justice Bill 2013 |
519. Deputy Gerry Adams asked the Minister for Defence the number of Defence Forces personnel currently stationed overseas; the number stationed in each of the various countries and the nature of the work or missions in which personnel are involved; and if he will make a statement on the matter. [40453/13]
View answer520. Deputy Gerry Adams asked the Minister for Defence the arrangements put in place by his Department to ensure compliance with the Official Languages Act, specifically requirements for signage in departmental offices, schools, third level institutions; details of any assessments undertaken by departmental staff to assess requirements; the number of signs assessed; when any corrective actions were put in place; if any or all of the actions taken by his Department were within the designated timeframes set out in legislation, and, if not, the reasoning for same; and if he will make a statement on the matter. [40543/13]
View answerAll Branches of the Department of Defence have been made aware of the Official Languages Act and the responsibility for the implementation of its legislative requirements rest with each Branch in accordance with its functional responsibilities. The Department continually seeks to maintain a high level of compliance with the requirements of the Act in relation to signage throughout its offices and indeed is currently reviewing the existing provisions in a number of its offices to ensure it continues to meet the appropriate standards.
521. Deputy Kevin Humphreys asked the Minister for Defence if he will provide a list of the Acts or specific provisions of Acts under his Department that have not yet been commenced; if it is intended to commence the provision in each case; if so, when; and if he will make a statement on the matter. [40596/13]
View answerThere are no Acts or specific provisions of Acts awaiting commencement under my Ministerial area of responsibility.
522. Deputy Catherine Murphy asked the Minister for Defence the level of compliance with European Union directives within his ministerial areas of responsibility; the current fines resulting from non-compliance and potential fines resulting from current non-compliance to which the State is or may be exposed; and if he will make a statement on the matter. [40632/13]
View answerI am advised that there are no non-compliance issues arising in the Department of Defence and there are no current fines resulting from non-compliance or potential fines resulting from present non-compliance.
523. Deputy Patrick O'Donovan asked the Minister for Defence if following the commemorations which took place in July and August of this year, there are plans to extend the commemoration using the ceremonial military guard at the national memorial to Óglaigh na hÉireann into the future; and if he will make a statement on the matter. [41011/13]
View answerAs part of the Defence Forces contribution to “The Gathering Ireland 2013” initiative, a Ceremonial Military Guard parade was held at the site of the National Memorial to members of the Defence Forces in Archbishop Ryan Park, Merrion Square, Dublin on Saturdays during the months of July and August this summer. Units from the Army, Air Corps and Naval Service participated in the Military Guard Ceremony in solemn remembrance of their fallen comrades. I understand the Ceremony attracted interest from members of the public, tourists and retired Defence Forces personnel. There are no plans to continue this Ceremony into the future.
524. Deputy Joanna Tuffy asked the Minister for Defence if he will provide an update on all regulatory impact statements carried out on Bills in his Department since this Government took office to date; if he will list these Bills in tabular form; and if he will make a statement on the matter. [41591/13]
View answerThere have been no Regulatory Impact Assessments carried out by my Department since this Government took office to date. The Department of Defence is not a regulatory authority as commonly understood. The Defence Acts and Regulations made thereunder are for the most part, focused on the Defence Forces only and do not apply to the ordinary citizen or to business. Notwithstanding this, the Department applies the principles set out in the Regulatory Impact Assessment (RIA) Guidelines issued by the Department of the Taoiseach where appropriate.
525. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding a farm payment appeal in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [40412/13]
View answerAn application under the Agri-Environment Options Scheme from the person named was received in my Department on 7 December 2012. The process of ranking and selecting all AEOS applicants was clearly set out in the scheme documentation. Acceptance into the scheme was established using the pre-determined selection criteria as follows:
1. farmers in the Boora region of Co. Offaly who chose Wild Bird Cover Option B (Grey Partridge) as one of their selected options,
2. farmers with a minimum of 0.5 hectares of designated land,
3. farm partnerships,
4. farmers who previously participated in REPS commencing with smallest farms. and
5. others based on farm size (again favouring smaller holdings).
The person named was a previous participant in REPS. Based on the funding available farmers in category 4 with 22.06 hectares of utilisable agricultural area and below were successful. As the farm size of the person named is 47.99, the application was unsuccessful. On 27 May 2013, a letter issued to the person named informing him that he was not successful and setting out the reasons. The person was also informed of his right of appeal to AEOS Section. An appeal was received from the person named it has been reviewed by officials in my Department. On the 30 September 2013 a letter issued to the person named informing him of the outcome of his appeal.
526. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to an incidence of animal cruelty (details supplied) in County Tipperary and the steps he will take to deal with same. [40417/13]
View answerThe main statutes governing cruelty to all animal in this country are the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act, 1965. Responsibility for pursuing cases under this legislation rests with the Garda Síochána, who may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts. Persons with information relating to activities involving cruelty of this nature to animals should contact the Garda Síochána with details of the allegations and the names of the persons involved.
