Written Answers Nos. 380-397
380. Deputy Michael P. Kitt asked the Minister for the Environment, Community and Local Government if he has considered introducing a residential rental scheme similar to the model used in some European countries where, legally, rents can only vary or increase in line with inflation or the consumer price index; and if he will make a statement on the matter. [44894/13]
View answerPrivate residential tenancies, with limited exceptions, are governed by the Residential Tenancies Act 2004 and the main provisions in respect of rent and rent reviews are set out in Part III of that Act. Section 19 of the Act prohibits the setting of rent under a tenancy at a rate above the market rent at either the beginning of the tenancy or at any subsequent rent review. Both tenants and landlords have the right to a review of rent, even where there is no provision to that effect in the tenancy agreement. Such a review may not take place more frequently than once in each period of 12 months nor in the first 12 months of the tenancy.
If non-compliance with the provisions of the Act relating to rent and rent reviews lead s to a dispute between landlord and tenant, either or both of the parties to the tenancy may refer the matter to the Private Residential Tenancies Board (PRTB) for resolution. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits, and may grant redress and give specific direction as appropriate on foot of a determination.
In May 2013, the PRTB launched a national rent index available at http://www.prtb.ie/landlords/rent-index. Compiled by the ESRI and based on the PRTB's own register of over 277,000 tenancies, this valuable source of information indicates the actual rents being paid for rented properties throughout the State.
382. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government if officials in his Department have met the residents of Priory Hall; and if he will make a statement on the matter. [39050/13]
View answer383. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government if he has been asked to meet the residents of Priory Hall; the response that was given; and if he will make a statement on the matter. [39049/13]
View answerI propose to take Questions Nos. 383 and 382 together.
Earlier in October, I announced a welcome development in the form of the Priory Hall Resolution Framework which resulted from a three week process of engagement involving contact between senior officials of the Department of the Taoiseach, the Department of Finance and my own Department with key stakeholders best placed to deliver the necessary solutions. The senior officials concerned engaged extensively with the former residents of Priory Hall during this period resulting in their acceptance of the framework as being capable of addressing their concerns and allowing them to move on with their lives. I have no current request from the former residents for a meeting.
The oversight group on the implementation of the Priory Hall Resolution Framework, chaired by Dr Martin McAleese held its first meeting last week. Membership of this group includes representatives of the former residents.
384. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he will have a lead role in co-ordinating the Government's position in relation to the Traveller community; and if he will make a statement on the matter. [44100/13]
View answerMy Department's role in relation to the Traveller Community is to support and coordinate ongoing policy development in relation to Travellers in Irish society across all relevant Government Departments. This role includes monitoring and supporting actions to increase the effectiveness of national policies, promoting positive communications between Traveller communities, public bodies and the wider settled community and contributing to policy development at international level.
385. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to employ additional gardaí; and if members of the Irish Army will be deployed to help gardaí with their duties. [44137/13]
View answerAs has already been announced, a recruitment competition for An Garda Síochána is to commence shortly and it is expected that the first batch of new recruits will enter the Garda college in mid-2014. 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. A further announcement will be issued as soon as recruitment starts, both on the Public Appointments Service website and directly to those who have registered an expression of interest in joining the Garda Síochána.
Where necessary, the Garda Síochána are assisted in carrying out certain specific duties by members of the Defence Forces, in fulfilment of the role assigned to the Defence Forces to provide aid to the civil power. Outside of these areas of aid to the civil power, the distinction between the policing function of the Garda Síochána and the military function of the Defence Forces is an important one and I have no proposals for deployments along the lines referred to by the Deputy.
386. Deputy Michael McGrath asked the Minister for Justice and Equality his plans to address the issue of forced labour here; and if he will make a statement on the matter. [44666/13]
View answerThe Criminal Law (Human Trafficking) Act 2008 criminalises human trafficking for labour exploitation, including subjecting a person to forced labour. The term "trafficks" is broadly defined in the 2008 Act. For example, the commission of a trafficking offence does not require cross-border - or even internal movement - or illegal entry into the State. It includes recruitment; taking a person into one's custody, care or charge; and providing the person with accommodation or employment. However, the term "forced labour" was not defined in the 2008 Act.
In the context of a review of the potential of the Criminal Law (Human Trafficking) (Amendment) Act 2008 to combat forced labour conducted in my Department last year, the report published on the dedicated anti-human trafficking web site, blueblindfold.gov.ie in January 2013, recommended that, in the interest of clarity, the term "forced labour" should be defined in legislation in line with the definition in the ILO Convention No. 29 of 1930 concerning Forced or Compulsory Labour. Subject to certain specified exceptions, the ILO convention defines forced labour as "all work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily".
As the deputy will be aware, I availed of the opportunity afforded by the Criminal Law (Human Trafficking) (Amendment) Act 2013 to clarify the definition of forced labour in these terms. The ILO definition is the international standard, and the new legislation now enacted ensures that there can be no doubt as to our fully complying with that standard and our having in place rigorous criminal law sanctions applicable to all of those who engage in human trafficking for forced labour.
It is important to note that forced labour covers a diverse array of exploitative behaviours ranging from infringement of labour regulations, at one end of the spectrum, to human trafficking, etc., at the other. Consequently, it is likely that activities constituting forced labour could also be prosecuted under a number of other offences, for example, false imprisonment, blackmail, assault, the coercion offence under the Non-fatal Offences Against the Person Act 1997, offences under employment law and health and safety legislation, immigration law, etc.
387. Deputy Michael Moynihan asked the Minister for Justice and Equality in view of the fact that the Kanturk district is being amalgamated with the Mallow district, if he will confirm that the same number of gardaí will be available in the Kanturk district as there was in December 2012. [44118/13]
View answerThe Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
As the Commissioner has outlined in his policing plan for 2013, the Kanturk Garda District will be realigned into two expanded Districts of Mallow and Macroom. This re-alignment is scheduled to take place with effect from 11 November 2013 and it is expected that, subject to operational requirements, the same level of resources that are presently available will be available in the re-aligned Districts after that date.
The personnel strength of Kanturk, Mallow and Macroom Garda Districts on 31 December 2012 and on 30 September 2013, the latest date for which figures are readily available, is set out in the following table.
|
31/12/2012 |
- |
- |
- |
30/09/2013 |
- |
- |
|
District |
Garda |
Reserve |
Civilians |
Garda |
Reserve |
Civilians |
|
Mallow |
72 |
5 |
5 |
74 |
6 |
5 |
|
Kanturk |
46 |
1 |
4 |
45 |
2 |
4 |
|
Macroom |
55 |
5 |
4 |
53 |
4 |
4 |
388. Deputy Patrick Nulty asked the Minister for Justice and Equality the steps he will take to repeal the 2009 blasphemy legislation; and if he will make a statement on the matter. [44128/13]
View answerThe Deputy will be aware that Article 40.6.1.i of the Constitution places an obligation on the legislature in regard to the offence of blasphemous libel. Successive Attorneys General had advised the Government that until the Constitution is amended, by referendum, it is necessary that blasphemous libel remains a crime and that legislation makes provision for punishment of this crime.
Therefore, in the reform of our defamation laws, a provision was required in regard to blasphemous libel. Section 36 of the Defamation Act 2009, makes a minimum provision in that regard. It removes the possibility of prison sentences and private prosecutions for blasphemous libel. It also provides for a defence to a defendant who proves that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.
The Programme for Government includes a commitment to consider the question of a referendum on blasphemy and in that regard, I can confirm that one of the matters to be considered by the Constitutional Convention is a proposal to remove the offence of blasphemy from the Constitution.
389. Deputy Finian McGrath asked the Minister for Justice and Equality if he will advise the residents in Dublin's northside on their options in relation to "neighbours from hell syndrome" where there is intimidation, harassment and dog issues; if the Garda will act on these kinds of situations; and if he will make a statement on the matter. [44129/13]
View answerI can assure the Deputy that any complaints made to the Gardaí in relation to the type of situations referred to by the Deputy will be fully investigated. In this regard there is a range of strong legislative provisions available to an An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Damage Act 1991, Criminal Justice (Public Order) Act 1994, the Criminal Justice (Public Order) Act 2003, and the Intoxicating Liquor Acts 2003 and 2008.
Policing policy in the area in question is predicated on the prevention of public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents of the area. Community Policing Units have evolved a good partnership approach to problem solving with the community and are engaged in a number of community focussed initiatives including, Joint Policing Committees, Community Policing and Safety Fora and Neighbourhood Watch. A dedicated email address has also been established in the DMR North Division, DMR.North.Community@garda.ie, to facilitate direct communication of any issues which are affecting the community.
The Deputy will appreciate that 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, www.environ.ie.
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. As well as contacting the Gardaí 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.
390. Deputy Michael Lowry asked the Minister for Justice and Equality if he will detail the number of new Garda patrol vehicles being made available to the district of Tipperary in 2013; the number of new vehicles made available to this area in 2012; the total number of vehicles available to An Garda Síochána in the Tipperary area; the number of vehicles retired from this fleet in 2013; and if he will make a statement on the matter. [44144/13]
View answerDecisions 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. In that context, I am advised by the Garda authorities that the information requested by the Deputy is as shown in the attached table. In addition, I understand that the specific needs of the Tipperary Garda Division will be taken into account as new vehicles are being deployed.
Overall, I am conscious of the continuing pressures on the Garda fleet and, in that regard, I am particularly pleased to have secured a further €9m which will provide for the purchase of a significant number of new vehicles over the next nine months. This most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. 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. Details of Garda vehicles in Tipperary Division
|
- |
No. |
|
Number of vehicles in Tipperary Division (As at 16/10/13) |
51 |
|
Number of new vehicles allocated in 2013 (to 16/10/13) |
13 |
|
Number of new vehicles allocated in 2012 |
3 |
|
Number of vehicles withdrawn in 2013 (To 16/10/13) |
7 |
391. Deputy Niall Collins asked the Minister for Justice and Equality if he has had any correspondence with Ian Paisley Jr., MLA regarding the case of a person (details supplied); the action he will take on the case; and if he will make a statement on the matter. [44155/13]
View answerI am aware that there has been extensive contact over the years from the family in question and from public representatives acting on their behalf, including the person referred to by the Deputy. There are, however, no aspects of this case currently under examination in my Department and there are no further actions being taken or open to my Department in this regard.
392. Deputy Michael McNamara asked the Minister for Justice and Equality the number of deportation orders, as distinct from removal orders, made against Latvian and Estonian nationals who were EU citizens, respectively, in each year since their states' accession to the EU in 2004. [44184/13]
View answer393. Deputy Michael McNamara asked the Minister for Justice and Equality the number of removal orders made against Latvian and Estonian nationals who were EU citizens, respectively, in each year since their states accession to the EU in 2004. [44185/13]
View answerI propose to take Questions Nos. 392 and 393 together.
The European Communities (Free Movement of Persons) Regulation 2006 were transposed into Irish Law under S.I. No. 656 of 2006 and came into force on 1 January 2007. Applications in accordance with Regulation 20 of the SI for the issuance of Removal Orders in respect of EU citizens are made in writing to my Department by An Garda Síochána.
For each of the years 2009 to 2013 (to date), in respect of Estonian nationals a total of 2, 6, 0, 0 and 2 were the subject of Removal Orders. The equivalent figures for Latvian nationals were 0, 6, 3, 11 and 21 respectively.
Deportation Orders are made under the provisions of Section 3(6) of the Immigration Act, 1999, as amended, and under Section 5 of the Refugee Act, 1996 on the prohibition of refoulement. As these countries joined the European Union in 2004, Estonian and Latvian nationals cannot be the subject of deportation orders and, accordingly, no such orders were issued.
394. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for subsidiary protection in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [44197/13]
View answerI refer the Deputy to my detailed Reply to his earlier Parliamentary Question, PQ No. 1075 of Wednesday, 18th September, 2013 - copied beneath. The position in the State of the person concerned is unchanged since then.
The person concerned is a failed asylum applicant. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 27th February, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the then Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Her judicial review leave application was refused by the High Court on 11th April, 2013 meaning that the earlier decisions of the Refugee Appeals Tribunal and the then Minister stood. The person concerned has submitted an application for subsidiary protection. However, this application could not be determined while the judicial review proceedings were in place. When consideration of the subsidiary protection application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for subsidiary protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.
Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
395. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 175 of 20 June 2013, wherein it was indicated that a fair and comprehensive asylum process had occurred, if cognisance has been taken of the relevant court judgment in the case of a person (details supplied) wherein considerable doubt was cast over the original decision to deport due to the subjective nature of the conclusions; and if he will make a statement on the matter. [44198/13]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) that there has been no court judgment in relation to the person concerned therefore it is unclear what judgement the Deputy is referring to. The Deputy is aware that this person is the subject of a Deportation Order which he has continued to evade since 3 November 2009. He should present himself to the Garda National Immigration Bureau without delay.
Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.
396. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding determination of residency and citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [44213/13]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to by the Deputy has a current permission to reside until 6 September 2014. An application for a certificate of naturalisation has also been received from the person concerned and I am informed that this application is now at an advanced stage of processing and will be submitted to me for decision shortly.
The Deputy may wish to note that 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 established specifically 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.
397. Deputy Finian McGrath asked the Minister for Justice and Equality if he will put a plan in place to deal with anti-social activity on Dollymount beach. [44283/13]
View answerI can assure the Deputy that the Garda authorities are aware of the problems referred to and that a number of proactive initiatives have been implemented to prevent thefts from vehicles in the area concerned. Crime prevention leaflets have been distributed at the beach by members of the Community Policing Unit and extra resources have been deployed to public amenities in the area.
Areas with a high incidence of this type of criminality are identified through crime analysis and intelligence reports and are targeted by District Patrol resources including uniform and plain clothes personnel supported by Community Policing personnel. District and Divisional personnel are regularly supplemented by National resources to specifically target this type of criminality. Local Garda Management closely monitors patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the local community to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. I am further assured that the situation is being kept under review.
