Written Answers Nos. 781-799
781. Deputy Seán Kyne asked the Minister for Justice and Equality the steps being taken to encourage citizens to make a will and thus avoid the costly and complicated legal proceedings which occur when a person dies intestate. [46262/13]
View answerSolicitors are normally in the best position to advise their clients on the merits of making a will and the need for due care when doing so. The Law Society generally promotes the making of wills and useful information on the subject of wills is also available from a number of public sources, including in particular the web site of the Citizens Information Board (www.citizensinformation.ie).
782. Deputy Seán Kyne asked the Minister for Justice and Equality the steps taken since 2011 to implement the Universal Declaration on the Rights of Persons with Disabilities. [46265/13]
View answerThis question has reference to the United Nations Convention on the Rights of Persons with Disabilities which Ireland signed in 2007. The Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.
An Inter-Departmental Committee on the Convention is monitoring the remaining legislative and administrative actions required to enable ratification. The Committee has identified as part of its work programme, issues to be considered by various Government Departments. It is a matter for those Departments to determine whether any actions are required in relation to these issues in advance of ratification and report back to the Committee. This work is ongoing in all Departments. At the Committee's request, the National Disability Authority, the lead statutory agency for the sector, is also assisting it to assess remaining requirements for ratification so as to ensure that all outstanding issues will be comprehensively addressed.
As regards my own Department one of the key requirements is the enactment of capacity legislation. The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The Assisted Decision - Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and to exercise their basic rights, in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill has been scheduled for second stage in the Dáil in early December. The enactment of this legislation is just one of the core elements of the remaining work to be completed to enable ratification by the State of the Convention.
Question No. 783 answered with Question No. 751.
784. Deputy Seán Kyne asked the Minister for Justice and Equality if, in the context of the positive result in the children’s rights referendum, there will be a change in immigration policy to reflect the Zambrano case where the EU court held that the parent of an EU citizen child who is dependent on the parent must be allowed to stay in the EU. [46267/13]
View answerI can confirm that my Department's decision making respects the ruling of the Court of Justice of the European Union in the Ruiz Zambrano Case (C-34/09) and various refinements in subsequent judgements by the Court. Adherence to the ruling was not dependant on the outcome of the referendum. The legal position in respect of Ireland is essentially as the Deputy outlined it, namely that where an Irish citizen child would be deprived of the useful effect of its EU citizenship by having to leave the EU as a result of the removal/deportation of its parent(s) on whom that child is dependent, the parents should be permitted to remain. They should also be permitted to work to provide for the citizen child's needs. Each case obviously has to be looked at on its merits to establish the relevant facts and relationships.
785. Deputy Seán Kyne asked the Minister for Justice and Equality his plans to establish the Mediators Institute of Ireland as regulator of the sector; and if the MII would come under the remit of the Ombudsman. [46281/13]
View answerThe position is that I intend to bring forward a Mediation Bill next year to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes. The Bill, which is currently being drafted, will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of any such proceedings, on its own initiative invite parties to consider the mediation option and suspend the proceedings to facilitate such a process.
I am at present giving consideration to the possible inclusion of an over-arching governance structure for the mediation sector in the future legislation. The matter was raised by the Joint Committee on Justice, Equality and Defence in its helpful report on the General Scheme of the Mediation Bill. Such a representative structure could, for example, play an important role in the promotion of mediation as an alternative to court proceedings and in the development of codes of practice for the sector. The Mediators' Institute has recently made a submission on mediation regulation and standards in the context of the future legislation and I shall have regard to the Institute's views when finalising the Bill for publication.
786. Deputy Pat Deering asked the Minister for Justice and Equality if he will make the necessary resources available to provide a dedicated phone line in both the Tullow and Carlow 24 hour Garda Stations for use by the pinpoint text alert system set up by many concerned communities. [46293/13]
View answerThe Garda Síochána 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. The Community Text Alert Service is a communication process from An Garda Síochána to the public and it is an enhancement to the existing Garda Community Crime Prevention Programme. This service, which has been designed in consultation with Community Alert (Muintir na Tíre), Neighbourhood Watch and the Irish Farmers Association, is community driven and provides a mechanism for a community to register a Community Contact with their local District Headquarters Garda Station. The guidelines for establishing and operating a Community Text Alert Service are on the Garda Website www.garda.ie .
Following the registration of a Community Text Alert area, An Garda Síochána will provide information by text or e-mail to a registered Community Contact who, in turn, will forward the information by text or e-mail to the members of their Community Group. I have been advised by the Garda authorities that Pinpoint Text Alert refers to a private company which has engaged with Muintir na Tire to act on their behalf as a Community Contact for the purpose of establishing an automatic message forwarding service. In particular, An Garda Síochána is not affiliated with Pinpoint Text Alert and it is not involved in the distribution of information by or on behalf of the company.
787. Deputy Robert Dowds asked the Minister for Justice and Equality if he is considering mandating identification checks on persons selling items at cash for gold outlets, following on from his Department's report on this issue last year. [46370/13]
View answerI published a report in June, 2012 on the criminal justice aspects of the cash for gold trade. The Report prepared by my Department is available on www.justice.ie. I requested the Joint Oireachtas Committee on Justice, Equality and Defence to consider the content of the report, to ensure that it obtains the views of all relevant interested parties and that it makes such report and recommendations to the Houses of the Oireachtas and to Government as it deems proportionate and appropriate in the public interest. I received the Committee's response on 30th May, 2013, which refers to such matters as identification checks, and it is currently under consideration.
788. Deputy Damien English asked the Minister for Justice and Equality with regard to the issuing of fixed charge notices pertaining to motoring offences, if he is satisfied that the use of standard post ensures effective delivery of such notices; if he or his Department have plans for the development of a cost effective system of recorded delivery for such notices; if there has been any communication between An Garda Síochána and An Post regarding the introduction of such a system of recorded delivery; and if he will make a statement on the matter. [46392/13]
View answerI am informed by the Garda authorities that ordinary post is utilised to serve fixed charge notices, in accordance with section 25 of the Interpretation Act 2005, which provides that service of a document may be so effected and that such service is deemed, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. In addition, section 103(10) of the Road Traffic Act 1961 provides that in a prosecution for a fixed charge offence it shall be presumed until the contrary is shown that the relevant fixed charge notice has been served or caused to be served and that a payment pursuant to the relevant notice has not been made.
The Deputy will appreciate that road traffic legislation is the responsibility of my colleague the Minister for Transport, Tourism and Sport. I am informed that a number of legislative changes are contained in the Road Traffic Act, 2010 which strengthen the provisions relating to the service of fixed charge notices for road traffic offences, including a provision that a certificate of receipt of posting or delivery issued by An Post, or another postal service, shall be admissible in evidence as proof of the posting or delivery, as the case may be, of a fixed charge notices, until the contrary is shown. I also understand that the measures necessary to bring these provisions into effect are being examined by the relevant stakeholders at present.
789. Deputy Brendan Ryan asked the Minister for Justice and Equality if he will provide a breakdown of the numbers of persons with outstanding leave to remain applications and outstanding subsidiary protection applications according to the number of years each application has been outstanding; and if he will make a statement on the matter. [46428/13]
View answerThe detailed information sought by the Deputy is not readily available in the format sought by him. However, I will communicate directly with him as soon as the available data is extracted from the records.
790. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 180 of 26 September 2013, where he indicated that the information requested in Parliamentary Question No. 459 of 25 June 2013 would be forwarded within a week, the reason this has not happened. [46447/13]
View answerThe information sought had been forwarded to the Deputy several weeks ago but appears not to have reached her. The information was re-sent to the Deputy on 31 October, 2013
791. Deputy Dara Calleary asked the Minister for Justice and Equality the rationale behind the amalgamation of the two Garda drug units in County Donegal; the moneys allocated to drug units in the county; the number of search warrants per year issued by the drug units; and if he will make a statement on the matter. [46461/13]
View answerI have requested a report from the Garda authorities in relation to this matter and I will further advise the Deputy when the report is to hand.
792. Deputy Dara Calleary asked the Minister for Justice and Equality the number of deaths including road traffic deaths in County Donegal from illegal drug use; and if he will make a statement on the matter. [46462/13]
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.
793. Deputy Dara Calleary asked the Minister for Justice and Equality the number of search warrants per year issued to the drug units in County Donegal since the year 2000. [46463/13]
View answerI have requested a report from the Garda authorities in relation to this matter and I will further advise the Deputy when the report is to hand.
794. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding a visa stamp 3 application in respect of persons (details supplied) in County Wicklow; and if he will make a statement on the matter. [46465/13]
View answerOn 10th April 2013, the Irish Naturalisation and Immigration Service (INIS) of my Department received an application from the persons concerned requesting a renewal of their permission to remain in the State on Stamp 3 conditions. Residence permission had originally been granted to the principal person as a lay volunteer of a religious institution and his family members had been granted permission as a result of his status. On 27th June 2013 a letter issued to the applicants' requesting copies of their passports. These were received on 1st August 2013.
An examination of the passports showed that the applicants' were at that time residing outside the State and had been since 28th June 2013. Further correspondence indicated that the spouse of the principal person and their children had re-entered the State on 23rd August 2013. On 10th September 2013 a letter was issued requesting evidence that the principal person had re-entered the State and if he had not, that a date be provided as to when he intended to return.
On 19th September 2013 a letter was received from the principal's spouse stating that her spouse was still outside the State and that he would not return until 25th October 2013. The letter also stated that the principal's spouse and his children had re-entered the State in order that their children could continue with their schooling. On 21st October 2013 a letter was issued to the applicants' refusing their application and requesting them to leave the State by 23rd November 2013. It is open to the applicants to submit to INIS further information or documentation setting out the circumstances that they believe would support a review of the decision in their case.
795. Deputy Michael Colreavy asked the Minister for Justice and Equality his plans to review the legislation governing the qualification requirements and recruitment processes for persons engaged on-site by organisations such as holiday camps, film studios, sports events and so on; and if he will make a statement on the matter. [46472/13]
View answerInsofar as the Deputy's question may relate to the matter of Garda vetting, the Deputy may wish to note that the current system of vetting is operated on an administrative basis by the Garda Central Vetting Unit (GCVU). A vetting disclosure is made by the Unit in response to a written request and with the permission of the person who is the subject of that request. Garda vetting disclosures are issued to specified organisations registered with the GCVU for that purpose in respect of a particular post or employment. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012 and is expected to process in the region of 350,000 applications this year. All decisions relating to the employment of individuals rest with the relevant organisations concerned. The Deputy will appreciate that vetting in this context relates to the protection of children and vulnerable adults.
Should the Deputy be referring to the matter of private security, he may also wish to note that the Private Security Authority (PSA) is the statutory body responsible for the licensing and regulation of the private security industry. In the event that the question relates to private security at events, the Deputy may wish to note that the PSA has adopted a phased approach to licensing and that it proposes to commence the licensing of event security contractors in the first instance, with the licensing of employees to follow.
A Statutory Regulation and minimum standards for contractors working in the event security sector are currently being prepared. I believe these arrangements, when finalised, will be of great benefit to both the industry and the public in general in relation to security at a wide range of events. The Deputy will appreciate, aside from any issues which may arise in relation to vetting and any requirements in relation to the Private Security Authority, I have no functions in relation to legislation on general qualifications and recruitment practices in the sectors referred to by the Deputy
796. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding Garda vetting; if the situation has improved; and if he will make a statement on the matter. [46482/13]
View answerThe Deputy may wish to note that the number of vetting applications received by the Garda Central Vetting Unit (GCVU) each year has risen from 187,864 in 2007 to 327,903 in 2012 and it is expected that there will be upwards of 350,000 applications this year. I am informed by the Garda authorities that the current average processing time for applications is now approximately 9 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. Nonetheless, this is a significant improvement on the processing time of 14 weeks which existed in July this year. This improvement reflects the fact that I have given this matter particular priority as it is essential that the GCVU has the resources required to perform this most critical of roles effectively and efficiently.
In that context, I have been actively engaged on this issue with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Garda Commissioner has confirmed to me that there are now 136 whole time equivalent staff assigned to the GCVU, some 41 of whom have been redeployed from elsewhere in the public service since the end of March 2013. Some of these redeployed staff have only recently completed their training in the vetting process, and the full impact of their work will be seen in the coming weeks. Furthermore, I have also recently received sanction for the redeployment of approximately 40 additional staff to the GCVU. This brings the total number of staff in that service to over 170, more than double that of the average allocation of 78 staff at the Unit over the past two and a half years.
The Deputy may also wish to note that the development of an e-Vetting solution is also underway. This will facilitate the processing of all applications in an e-format, thus removing the time-consuming current process of manually managing all applications received . The initial phase of testing this e-vetting system will take place during late 2013. When this is achieved, this system will streamline the overall vetting process in this jurisdiction, and further contribute to reductions in processing times for all vetting applications.
797. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the average time it takes for the repatriation of Irish prisoners serving sentences abroad to be transferred to Ireland once the initial application is received by his Department; the reason for the delays in such repatriation; and if he will make a statement on the matter. [46563/13]
View answerThe Transfer of Sentenced Persons Acts, 1995 and 1997 provide a mechanism whereby non-nationals serving sentences in Ireland may apply to serve the remainder of their sentences in their own countries and, similarly, Irish persons who are imprisoned overseas may apply to serve the remainder of their sentences in Ireland. Such transfers may be facilitated where the other country has ratified the Council of Europe Convention on the Transfer of Sentenced Persons. Transfer requests under the Convention are normally made by a prisoner through the governor of the prison in which he or she is detained. I decide on all such requests following the collation of a number of reports from various agencies setting out the consequences of such a transfer. The consent of all three parties in the process is required prior to any transfer, i.e. the sentencing state, the receiving state and the sentenced person.
Each case is judged on its individual merit and cases are processed as quickly as possible. Cases can take anywhere between 3 months and 2 years to be completed and can take even longer in some extreme cases. Some of the reasons for delays include the following; incomplete documentation which has to be returned to the requestor or their legal representatives, the relevant requested documentation not submitted with original request which is a common occurrence, for example a birth certificate or copy of passport not submitted. Delays can also take place in the sending jurisdiction which are out of our control.
798. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the action he intends taking in this jurisdiction to comply with EU framework decision 2009/947 in relation to the transfer of probation sanctions; and if he will make a statement on the matter. [46564/13]
View answerWork is at an advanced stage in my Department on the General Scheme of a Bill to give effect to EU Council Framework Decision 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities. I hope to publish the Bill next year with a view to its enactment later in the year.
799. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the reason Irish prisoners serving indeterminate sentences for public protection in Britain cannot transfer to serve their prison sentences in this jurisdiction; if he intends changing the law to facilitate their transfer by allowing for the conversion of the sentences on transfer; and if he will make a statement on the matter. [46565/13]
View answerI understand that a legal difficulty arises in cases of persons serving an indeterminate sentence for public protection in that no comparable sentence currently exists in this jurisdiction. While I have sought further legal advice, it is not possible at this time to process the transfer here of such persons.
