Written Answers Nos. 496-516
496. Deputy Terence Flanagan asked the Minister for Justice and Equality the reason there is no service level agreement between the Insolvency Service of Ireland and personal insolvency practitioners; his plans to implement a service level agreement; and if he will make a statement on the matter. [49005/13]
View answerIn accordance with the provisions of the Personal Insolvency Act 2012, the Insolvency Service of Ireland (ISI) has a regulatory function in relation to the authorisation and supervision of personal insolvency practitioners. I have been advised by the ISI that there are no plans to implement a service level agreement between the ISI, the regulator, and personal insolvency practitioners.
497. Deputy Michael McGrath asked the Minister for Justice and Equality if a company (details supplied) involved in a recent data security breach, involving the credit card details of two companies (details supplied), is a regulated entity of the Central Bank of Ireland; the role the Central Bank has in investigating or following up on the affair; and if he will make a statement on the matter. [49095/13]
View answer498. Deputy Michael McGrath asked the Minister for Justice and Equality if third party companies that hold credit card details on behalf of other companies are regulated entities under the Central Bank of Ireland; the legal requirements governing any company that wishes to hold credit card details for a period; and if he will make a statement on the matter. [49096/13]
View answerI propose to take Questions Nos. 497 and 498 together.
I have been informed by the Central Bank that third party companies holding credit card details on behalf of other companies are not regulated by the Central Bank and that it has no role, therefore, in investigating such security breaches. The law relating to the protection of personal data, including the credit card data of individuals, is set out in the Data Protection Acts 1988 and 2003. This legislation requires, for example, that personal data are obtained for one or more specified, explicit and legitimate purposes; that they are not further processed in a manner inconsistent with that purpose or those purposes; that they are not excessive in respect of that purpose or purposes; and, importantly, that they are not kept for longer than is necessary. The legislation also requires that appropriate security measures be taken to guard against unauthorised access to, as well as any unauthorised alteration, disclosure or destruction of, such personal data. Moreover, it allows the Data Protection Commissioner to carry out investigations of infringements of the legislation on receipt of a complaint or on his or her own initiative. In 2011, the Data Protection Commissioner introduced a Code of Practice on Personal Data Security Breaches under section 13(2)(b) of the Data Protection Act 1988. The Code provides guidance on good practice in dealing with data security breaches, including the reporting of such breaches to the Commissioner's Office.
I am informed by the Data Protection Commissioner that his Office was notified of the data security breach referred to by the Deputy in accordance with this Code of Practice. In light of the seriousness of the breach, the Commissioner sent an inspection team to investigate it as soon as possible. I understand that the Commissioner has received a preliminary report on the findings of the inspection team. I also understand that the Garda Bureau of Fraud Investigations has received a report on the matter and is investigating the issue further. The European Commission published a Proposal for a General Data Protection Regulation in January 2012. The Proposal includes specific provisions, which I fully support, requiring the notification of certain personal data breaches to relevant supervisory authorities and, in serious cases, to individuals who may be affected by them. Negotiations on the Commission’s proposals are ongoing at EU level.
499. Deputy Peadar Tóibín asked the Minister for Justice and Equality if he will provide direction for a safety procedure (details supplied) to be enforced; if this procedure has been enforced in any other region or in respect of any other community organisation; if he will reverse this decision and allow for Meath river rescue to operate in a fully integrated and efficient manner. [49230/13]
View answerThis question is a repeat of the Deputy's question no. 317 of the 12 November 2013. As I stated in my reply to that question I have requested further information from the Garda authorities in relation to this matter and I will contact the Deputy again as soon as I have received the Garda report.
500. Deputy Catherine Murphy asked the Minister for Justice and Equality the new arrangements that are planned to facilitate faster repossession by financial institutions of commercial properties and buy-to-let homes where the mortgage holder has fallen into significant arrears; the elements of the present code of conduct on mortgage arrears that will apply in these cases where families are threatened with serious poverty; and if he will make a statement on the matter. [49449/13]
View answerThe rules of court governing repossession proceedings in the High Court (Order 38 of the Rules of the Superior Courts) and the Circuit Court (Order 5B of the Circuit Court Rules (Procedure in Certain Actions for Possession and Well Charging Relief) 2009) are intended to facilitate fair and efficient case management of such proceedings. Such rules are drawn up by the respective Court Rules Committees and any new arrangements in respect of such proceedings will be a matter, in the first instance, for these Committees. I should add that the Land and Conveyancing Law Reform Act 2013 contains two important new provisions which will be of benefit to borrowers with arrears: section 2 provides that in any future repossession proceedings in respect of the borrower’s principal private residence, the court may adjourn proceedings so that a proposal for a Personal Insolvency Arrangement (PIA) under the Personal Insolvency Act 2012 may be fully explored as an alternative to repossession; section 3 introduces a new requirement whereby repossession actions in respect of mortgages on principal private residences and family homes which were created prior to 1 December 2009 must be commenced in the Circuit Court.
As regards the Central Bank's Code of Conduct on Mortgage Arrears, the position is that it applies to the principal private residence of the borrower. Commercial properties come within the terms of the Central Bank's Customer Protection Code. This Code, which was revised in 2012, contains provisions on how lending institutions must deal with consumers who are in arrears on other loans, including personal loans and buy-to-let mortgages. While the September 2013 Update on the EU/IMF Programme of Financial Support contains a commitment to examine the possibility of introducing tight deadlines on plenary repossession proceedings for non-principal private residences, current arrangements appear appropriate to deal with current demand and the Government is not considering any new arrangements at present in relation to this matter.
501. Deputy Paudie Coffey asked the Minister for Justice and Equality the current status of the development of Waterford city courthouse; when works are due to start; the proposed timeframe for the completion of works; when the new court house will be operational; and if he will make a statement on the matter. [48798/13]
View answerIn July 2012 the Government announced an investment package which includes seven courthouse projects, including Waterford. As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that discussions are ongoing with the Office of Public Works and the National Development Finance Agency in order to progress the projects. The projects are to be procured and delivered through a Public Private Partnership.
I am informed that the Office of Public Works has recently completed a design for the extension and refurbishment of Waterford Courthouse. The development will include 6 courtrooms, replacing the current 2 courtrooms, and improved facilities for all court users. The Part 9 Planning process for the courthouse extension and refurbishment commenced on 7th November 2013. The PPP procurement process will be commencing shortly. Construction is expected to commence during 2015 with the project being completed and the courthouse becoming operational during 2016 or early in 2017.
502. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality when he will introduce an appeals system for refusals in naturalisation cases; and the reasons such a process does not exist at present in view of the financial outlay by applicants for citizenship. [48800/13]
View answerThe granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and there is no right to citizenship through naturalisation under Irish law, irrespective of how long an applicant has resided in the State. The Irish Nationality and Citizenship Act 1956, as amended provides that the Minister for Justice has absolute discretion to grant an application for a certificate of naturalisation where certain conditions for naturalisation are satisfied.
There is no provision under the Irish Nationality and Citizenship Act 1956 as amended for appeal of a decision to refuse an application. However, the appropriate remedy for an applicant, whose application for a certificate of naturalisation has been refused, and who wishes to provide additional supporting information is to lodge a new application. That may be done at any stage. The application fee of €175 payable upon lodging an application for a certificate of naturalisation is designed to recoup some of the costs associated with the application process which arise whether the application is successful or not.
503. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the number of tiger kidnappings that occurred per annum from 2005 to 2012, inclusive, and to date in 2013. [48852/13]
View answerI am informed by the Garda Authorities that the number of tiger kidnapping incidents involving staff of companies signed up to the Tiger Kidnapping Protocols which have occurred between 2005 and to date in 2013 is as set out in the following table.
|
Year |
No. of incidents recorded |
|
2013 to date |
2 |
|
2012 |
1 |
|
2011 |
7 |
|
2010 |
8 |
|
2009 |
6 |
|
2008 |
2 |
|
2007 |
5 |
|
2006 |
4 |
|
2005 |
1 |
504. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the way recommendations and entitlements regarding health care needs of the survivors of the Magdalen laundries will be met, particularly for those who live outside the jurisdiction. [48860/13]
View answerLegislation is required in order to implement Judge Quirke's recommendation with regard to the provision of medical services to the women who were admitted to and worked in the relevant institutions. My Department, in consultation with the Department of Health, are working on the preparation of the necessary legislation. In line with the recommendation of Judge Quirke these services will provided in the State.
505. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if he will provide a breakdown of applications to the Magdalen laundries scheme following Justice Quirke's report and recommendations by country of residence. [48861/13]
View answerThe following table sets out the breakdown of applications to the restorative justice ex-gratia scheme as recommended by Mr. Justice Quirke.
|
Country of residence |
Number |
|
Australia |
4 |
|
Cyprus |
2 |
|
England |
116 |
|
Germany |
1 |
|
Ireland |
486 |
|
Northern Ireland |
5 |
|
Scotland |
2 |
|
Switzerland |
1 |
|
USA |
9 |
|
Wales |
3 |
|
Total |
629 |
506. Deputy Michelle Mulherin asked the Minister for Justice and Equality the reason a person (details supplied) was refused a visa to visit family here; the next step available for them to take; and if he will make a statement on the matter. [48876/13]
View answer507. Deputy Michelle Mulherin asked the Minister for Justice and Equality the reason a person (details supplied) was refused a visa to visit family here; the next step available for them to take; and if he will make a statement on the matter. [48877/13]
View answer508. Deputy Michelle Mulherin asked the Minister for Justice and Equality the reason a person (details supplied) was refused a visa to visit family here; the next step available for them to take; and if he will make a statement on the matter. [48878/13]
View answer509. Deputy Michelle Mulherin asked the Minister for Justice and Equality the reason a person (details supplied) was refused a visa to visit family here; the next step available for them to take; and if he will make a statement on the matter. [48879/13]
View answerI propose to take Questions Nos. 506 to 509, inclusive, together.
The visa applications referred to by the Deputy were received in the Visa Office, Abu Dhabi on 22 September 2013. Following full consideration, the Visa Officer decided to refuse the visas on 6 October 2013 and letters providing the reasons for this were issued to the applicants. The Visa Officer did not consider that the family concerned provided sufficient evidence of their obligations to return following a visit to Ireland and had concerns that they would not observe the conditions of the visas were they to be approved. In addition, insufficient documentary evidence was submitted to indicate adequate levels of available finances or income in respect of either the family concerned or the reference in Ireland. This increases the likelihood that the granting of the visas in this case could result in a cost to state funds/resources. Furthermore there was insufficient documentary evidence of the link to the reference in Ireland.
It is a fundamental consideration in any visa application that the deciding visa officer is satisfied that the conditions of the visa will be abided by including that the applicant will return home at the expiry of the permission to remain in the State. At the core of this consideration is an assessment of the applicant's obligations to return to their home country. It is open to the family concerned to appeal the decisions of these applications within two months of the date of refusal, should they so wish. Where doing so, they should be in a position to address the reasons for the refusal.Guidelines regarding the visa application procedure are available on the website of the Irish Naturalisation and Immigration Service - www.inis.gov.ie.
Queries in relation to general immigration matters may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
510. Deputy Dara Calleary asked the Minister for Justice and Equality if, in the context of a recent internal competition within the Irish Prison Service for promotions to work training officers, his attention has been drawn to an information memo of 23 August 2013 circulated during the process in respect of applicants who did not have the higher certificate in custodial care; if his attention has been drawn to the fact that, owing to this note, those applicants who possessed higher qualification for the advertised posts were not given any extra credits for these higher qualifications; if this is an acceptable policy for a State body to pursue; and if he will make a statement on the matter. [48893/13]
View answerI am advised by the Director General of the Irish Prison Service that the Service recently held a competition to fill vacancies in the Work Training Officer grade. On conclusion of the short listing stage, an error in the manner in which marks were awarded for educational qualifications was identified. Some staff who had completed the level 6 Higher Certificate in Custodial Care (HCCC) were awarded 25 marks. Since September 2007, all Recruit Prison Officers are required to complete this certificate, which provides a mix of professional and vocational training that enhances the skills and knowledge of Prison Officers, as a condition of service. As this certification was not a condition of service for officers recruited prior to September 2007, to award marks for this qualification would unfairly disadvantage such staff. Accordingly, in order to ensure that officers who were recruited before the introduction of the HCCC would not be disadvantaged, these officers were also awarded 25 marks, equivalent to their HCCC-qualified colleagues. In many cases these officers already had a level 6 or higher relevant qualification and were not awarded any additional marks.
It is not the case that applicants who possessed higher qualifications for the advertised post were not given extra credit for the higher qualifications. Any applicant who had a relevant qualification at a higher level than the HCCC received the appropriate score for that qualification in line with the marking scheme outlined in the competition circular (see the following table).
|
National Framework of Qualifications |
Marks awarded |
|
Levels 1 - 3 |
15 |
|
Levels 4 - 5 |
20 |
|
Level 6 |
25 |
|
Level 7 |
30 |
|
Level 8 |
35 |
|
Level 9 |
40 |
|
Level 10 |
50 |
For example, an applicant for Work Training Officer - Integrated Sentence Management (ISM) and Work Training Officer - Catering posts with an honours degree (level 8) in Criminology would have been awarded an extra 10 marks (35 marks in total) for the ISM post but no extra marks for the Catering post. A qualification in Criminology is considered relevant for ISM and not for Catering. Applicants also had an opportunity during the competitive interview process to elaborate and show how their qualifications would be relevant to the posts sought.
I am satisfied that this is an acceptable scoring policy as part of a competitive merit-based promotion competition.
511. Deputy Derek Nolan asked the Minister for Justice and Equality if he will allocate a speed van to an accident black spot (details supplied) in County Galway; and if he will make a statement on the matter. [48896/13]
View answerThe deployment of speed cameras is an operational matter for the Garda authorities, and is based on the identification of sections of road which have a history of collisions where speed was a contributory factor. The locations of these speed enforcement zones, which are kept under review by the Garda authorities, are in the public domain and are available on the Garda website www.garda.ie. I have no role in the identification of these zones or the deployment of resources to these locations, but have brought the Deputy's concerns regarding the particular location in question to the Commissioner's attention.
512. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [48908/13]
View answerThe person concerned is a failed asylum applicant. Arising from the refusal of his 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 21st June, 2010, that the then Minister proposed to make a Deportation Order in respect of him. He 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 him In addition, he was notified of his entitlement to apply for subsidiary protection.
The person concerned submitted an application for subsidiary protection and in this regard I recently signed into law an S.I. to introduce new procedures for the processing of subsidiary protection cases under the Office of the Refugee Applications Commissioner. When consideration of this 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 final 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 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.
513. Deputy Patrick Nulty asked the Minister for Justice and Equality the position regarding visa applications in respect to relatives of a person (details supplied) in Dublin 15; when a decision will be made on the applications; and if he will make a statement on the matter. [48924/13]
View answerThe visa applications referred to by the Deputy were received in the Visa Office, Abuja on 11 June 2012. A decision has been made in these cases and the people concerned will be notified shortly.
Queries in relation to general immigration matters may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
514. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 727 of 5 November 2013, in the context of his statement that US military aircraft passing through Shannon have sovereign immunity, the other states that have been granted such immunity; and the reason the Garda thinks that it has a role in respect of these aircraft. [48926/13]
View answerI am advised that the sovereign immunity accorded to certain aircraft arises under international law and accordingly the matter of granting this to specific States, as set out in the question, does not arise. The Gardai do of course have powers in relation to aircraft which are not subject to immunity.
515. Deputy Tony McLoughlin asked the Minister for Justice and Equality the reason an Irish dance group (details supplied) in County Leitrim has been waiting since 2011 for Garda vetting clearance; and when this group may expect to hear from the vetting unit in Tipperary. [48985/13]
View answerThe Garda Central Vetting Unit (GCVU) provides Garda Vetting disclosures to organisations registered with it for that purpose. There are currently in the region of 20,000 such organisations and the current average processing time for applications is 7-9 weeks. I am informed by the Garda authorities that it is not possible to advise on the status of any specific vetting applications in the absence of the names and dates of birth of the individuals concerned. If the Deputy will provide that information, I will have the matter examined further.
516. Deputy Tom Fleming asked the Minister for Justice and Equality the date on which he proposes to implement the Coroners Bill 2007; when he will bring the matter of payment of coroners' fees and expenses under the remit of his Department; his views on whether local authorities should be responsible for these payments in view of the fact that the role of coroners has clearly nothing to do with the workload of local authorities in the first instance; and if he will make a statement on the matter. [48993/13]
View answerThe Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed with a view, among other matters, to making it as cost-effective as possible. All governance and administrative matters in regard to coroners, including the historic role of the local authorities, are being examined in the context of the review. I appreciate that issues of funding are of importance to local authorities at this time. It would be the broad intention that ultimately reform in this area should be broadly cost neutral. 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 timetable 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.
