Written Answers Nos. 173-181
173. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will examine the case of a person (details supplied) employed in his Department who was recently on sick leave and who is now owed both sick-pay and earned income; if he will expedite payment; and if he will make a statement on the matter. [52236/13]
View answerThe processing of sick leave for employees of my Department is now a matter for PeoplePoint, the Human Resources and Pensions Shared Service for the Civil Service. I can inform the Deputy, however, that the employee in question was placed back on the payroll for pay day 21st November 2013 and any arrears owing will be paid on pay day 5th December 2013.
174. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will bring forward plans to establish an office of a judicial council, in view of concerns on the appointment of judges and the lack of transparency in appointing same. [49516/13]
View answerThe Deputy will be aware that under the Constitution judges are appointed by the President on the advice of the Government. Under the existing system of judicial appointments, the Judicial Appointments Advisory Board submits to me, as Minister for Justice and Equality, the names of the persons who have applied for appointment and whom it recommends as suitable for appointment. This procedure has been in place since 1995 and, at my request, my Department has been undertaking a review of the process. This review is informed by the ongoing need to ensure and protect the principle of judicial independence and includes consideration of issues such as the appointment process, eligibility criteria, the role of the Judicial Appointments Advisory Board and the need to promote equality and diversity.
I intend to initiate a consultation process shortly which will involve not only members of the judiciary and the legal profession generally but will also engage the broader public who benefit daily in innumerable ways from the protection of an independent judiciary. The consultations are to be based within the current Constitutional provisions and any proposal to introduce a new system of appointments which would require statutory amendments would, of course, be a matter for consideration by Government in the first instance.
As I have previously conveyed to the House, the Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges" and this commitment is being pursued in the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation.
Having considered the draft Judicial Council Bill in light of the considered views of the judiciary and in relation to current Government policy, I am happy to confirm that work on the drafting of the new Bill continues in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. While it had been hoped to publish the Bill this year, in light of the Government’s heavy legislative programme I would now expect this to take place in the New Year.
175. Deputy Pearse Doherty asked the Minister for Justice and Equality the private firms that have provided advice and-or consultancy services gratis for his Department from 2009 to 2012, inclusive, and to date in 2013, or any years where practicable; and if any such firms received payment in the aftermath of the advice given. [52263/13]
View answerThe information the Deputy is seeking is currently being compiled. I will write to the Deputy directly when this process has been completed.
176. Deputy Robert Troy asked the Minister for Justice and Equality if his Department's annual report for 2012 has been published. [52276/13]
View answerMy Department's Annual Report for 2012 was published in July 2013 and is available on the Department's website.
177. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the reason the CT68 forms used by An Garda Síochána are not made available to the Garda Síochána Ombudsman Commission, in the event of a subsequent investigation by GSOC, and the families of persons killed or seriously injured in road traffic collisions. [52282/13]
View answerIt is matter for the Garda Síochána Ombudsman Commission to determine what information they require in respect of an investigation. I am advised by the Ombudsman Commission that if they deem it necessary to obtain a copy of the CT68 form they can request it from An Garda Síochána and they are satisfied that the form will be provided. I am awaiting clarification from the Garda Commissioner on the question of whether the families of persons killed or seriously injured in road traffic collisions would be provided with a copy of the CT68 form. I will write to the Deputy when I receive that clarification.
178. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of personal injury cases decided by the High Court in the years 2012 and to date in 2013 which relate to actions for personal injury arising out of road traffic collisions, in circumstances where the applicant had refused the award recommended by the Injuries Board. [52294/13]
View answerI wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed by the Courts Service that data is not captured in such a way as to provide the information sought by the Deputy. I am advised by the Courts Service that under Section 32 of the Personal Injuries Assessment Board Act 2003 the Injuries Board issues authorisations to bring court proceedings, in respect of a wide range of personal injuries including trip and fall incidents, accidents in the workplace as well as road traffic collision cases. These authorisations do not state the category of case for which the authorisation is issued. In addition the Injuries Board is required under the Act to issue an authorisation whether it is the claimant/applicant who refuses to accept the settlement offer, or whether the defendant refuses to accept the assessment. The authorisation does not indicate which party refused the assessment.
180. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on the number of insolvency cases that have been taken under the new legislation; the average cost of court proceedings to date; the measures that have been taken to reduce the costs involved; and if he will make a statement on the matter. [52325/13]
View answerAs I advised the Deputy in my reply of 19 November 2013, the Insolvency Service of Ireland (ISI) is currently processing a number of applications and has stated that, in the interest of confidentiality it will not be providing details or breakdowns of numbers of applications for the various debt relief solutions received or being processed at this time. The ISI fully intends to provide quarterly statistics once a statistically meaningful number of applications have been processed.
I can advise the Deputy that no additional Court costs are incurred by debtor once he/she has paid the relevant application fee for one of the debt relief solutions. The application fees are in line with those charged in other jurisdictions.
181. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to update the laws that regulate the Criminal Assets Bureau in view of the sophistication of these gangs; and if he will make a statement on the matter. [52333/13]
View answerThe Criminal Assets Bureau is a vital component in the State's law enforcement response to serious and organised crime. The remit of the Bureau is to target those persons who seek to derive benefit from criminal activities. In carrying out this role, the Bureau utilises all available legal remedies, primarily those contained in the Proceeds of Crime legislation, Taxes legislation and Social Welfare legislation, to deprive persons of benefits obtained from the proceeds of crime. Since its inception, Bureau processes have been continuously evaluated and, where necessary, strengthened to maximise the number of cases brought and assets targeted. Furthermore, an Expert Group, established under the auspices of my Department, is currently engaged in a comprehensive review of the Proceeds of Crime legislation with a view to identifying possible improvements which would serve to strengthen the operation of the Criminal Assets Bureau.
A number of matters are being reviewed by the Group including decreasing the amount of time which must elapse before criminal assets which have been frozen become the property of the State; increasing the powers of receivers over properties so as to immediately deprive criminals of the use of those properties; short term seizure of assets believed to be the proceeds of crime pending determination by the courts and further improving measures supporting international cooperation. The work of the Group is not limited to these matters and any further proposals which the Bureau may bring forward which would serve to strengthen its operation can be taken into account during the review.
