Written Answers Nos. 74-93
74. Deputy Mick Wallace asked the Minister for Justice and Equality in view of the fact that the recognition of Traveller ethnicity has been repeatedly called for by the UN in order for Ireland to comply with its obligations under the ICCPR, when and how he intends to recognise Traveller ethnicity; the official steps or progression his Department has made over the past 12 months; and if he will make a statement on the matter. [52666/13]
View answerI am aware of calls on the part of many Travellers, including a number of national Traveller movements, for recognition of Travellers as an ethnic minority but equally of the fact that this is not a universally shared view. I am also aware of calls for the Government to consider granting such status in the context of international conventions to which Ireland is a party. I have, against that background, previously undertaken to give serious consideration to the issue.
Travellers, of course, have the same civil and political rights as other citizens under the Constitution. Moreover, the key anti-discrimination measures, the Prohibition of Incitement to Hatred Act, 1989, the Unfair Dismissals Acts 1977, the Employment Equality Acts and the Equal Status Acts specifically identify Travellers by name as a group which are protected. The Equality Act 2004, which transposed the EU Racial Equality Directive, applied all the protections of that Directive across all of the nine grounds contained in the legislation, including the Traveller community ground. All the protections afforded to ethnic minorities in EU directives apply to Travellers because the Irish legislation giving effect to those EU directives explicitly protects Travellers.
The commitment I made to give the issue of recognising Travellers as an ethnic minority further consideration led to a Conference on the subject of Ethnicity and Travellers: An Exploration being convened by the National Traveller Monitoring and Advisory Committee with support from my Department in September 2012. That Conference provided an opportunity for various aspects of the issue of ethnicity to be discussed and built on earlier discussions within the framework of National Traveller Monitoring and Advisory Committee on the issue. That Committee, as the Deputy will be aware, brings together all of the national Traveller organisations as well as senior officials from relevant Government Departments including officials from my own Department. The report from that Conference now forms part of the ongoing consideration of the issue.
My Department has in parallel been engaging with other Government Departments on the issue by way of the identifying any possible implications arising from the recognition of Travellers as an ethnic group. Those consultations are continuing and I expect them to be brought to a conclusion shortly. Those consultations will ensure that I have a full analysis of all aspects of granting of ethnic status to Travellers in framing any proposals on the matter that I may wish to bring to Government.
75. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality his views on whether it is now time to ensure the Law Society of Ireland is mandated to improve its procedures to deal with complaints against members for malpractice. [52655/13]
View answer83. Deputy Niall Collins asked the Minister for Justice and Equality the steps he is taking in view of concerns raised regarding compensation to victims following the conviction of a rogue solicitor (details supplied); and if he will make a statement on the matter. [52660/13]
View answer96. Deputy Mick Wallace asked the Minister for Justice and Equality in view of recent high profile cases regarding legal malpractice, if he is satisfied that there are sufficient safeguards and protocols in place; and if he will make a statement on the matter. [52667/13]
View answer351. Deputy Niall Collins asked the Minister for Justice and Equality the steps he is taking in view of concerns raised regarding compensation to victims following the conviction of a rogue solicitor (details supplied); and if he will make a statement on the matter. [52680/13]
View answerI propose to take Questions Nos. 75, 83, 96 and 351 together.
Under the Solicitors Acts 1954 to 2011 the Law Society is the designated authority responsible for the regulation of the solicitors' profession in the State. As part of that function, particularly under Part IV of the Solicitors (Amendment) Act 1994 dealing with the 'Protection of Clients', the Law Society is obliged to continue to maintain and administer the Solicitors Compensation Fund. Where it is proved to the satisfaction of the Law Society that any client of a solicitor has sustained loss in consequence of fraud or dishonesty on the part of that solicitor or any clerk or servant of that solicitor arising from that solicitor's practice as a solicitor within the jurisdiction of the State, then, subject to the relevant provisions, the Society is required to make a grant to that client out of the Compensation Fund. It is also provided that before a practising certificate can be issued to a solicitor, the solicitor in question must have paid the annual contribution to the Fund and the issuing of a practising certificate can be withheld until the payment has been made. As such, the Compensation Fund and its attendant inspection procedures under which, I am informed, around 400 inspections were carried out by the Law Society last year, provide an important protection against acts of fraud and dishonesty that may be perpetrated by solicitors in the handling of clients' monies. As Deputies will be aware, the Fund has been relied upon in a number of high profile cases in recent times. In the five years of 2008 to 2012, I am advised the Fund paid out a total of €17.7 million in claims. The total in claims actually made for that same period was nearly €48 million. There was a 9% increase in the 266 claims made against the Compensation Fund in 2012 over the previous year's 244 claims though this remains much less than the peak of 672 claims received in 2008. The net assets of the Solicitors Compensation Fund were valued at €18 million as at 30th June 2013. In the six months up to that date 165 claims on the Fund were received which, excluding invalid claims refused, amounted to €1.16 million. The annual contribution to the Fund for 2013 is €760 per solicitor. Annual insurance cover for €50 million with an excess of €5 million is also in place. Under the Compensation Fund structures provided for under the Solicitors Acts, the Law Society is, therefore, able to respond immediately to serious financial complaints and has 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. Pay-outs by the Compensation Fund have a serious impact, including in terms of ongoing costs, across its entire solicitor membership. To that extent, the Fund has a capacity to strongly incentivise financial compliance by solicitors in the public interest while simultaneously avoiding the imposition of an undesirable burden on the State or public resources. 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. Against this background, I would consider it prohibitive for the State to assume the enormous and ongoing liabilities that may arise directly or indirectly from the acts of fraudulent solicitors or the operation of the Solicitors' Compensation Fund. It would not be in the public interest to carry potential liabilities for solicitors' fraud of tens of millions of euro that would, under such an arrangement, have to be paid indefinitely out of the public purse. However, while it is my considered view that the Law Society should retain responsibility for the Solicitors Compensation Fund, I am happy to report that, under the Legal Services Regulation Bill which is at Committee Stage, any matters of professional misconduct or discipline that may arise from cases of solicitors' fraud or dishonesty are, in the future, to be dealt with independently under the aegis of the new Legal Services Regulatory Authority and the Legal Practitioners' Disciplinary Tribunal.
76. Deputy Joan Collins asked the Minister for Justice and Equality if he is satisfied that the Garda Síochána Ombudsman Commission has sufficient powers to investigate Garda malpractice, in view of statements made by both the ombudsman commission and the Garda Commissioner. [52653/13]
View answerThe Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.
With regard to the case for additional powers, I have already said that the Garda Síochána Ombudsman Commission has extensive powers, including full police powers of investigation, these include powers relating to, for example, entry and search of any place pursuant to a warrant, arrest with or without a warrant, search of a person, detention and questioning, taking fingerprints, issuing a summons and bringing of a charge against a person.
Both the Commissioner and the Chairperson agreed on the need for the highest possible level of co-operation between the two organisations. Revised protocols were agreed and signed by the Chairperson of the Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information and more generally for enhanced co-operation. The new protocols will support the Ombudsman Commission in carrying out investigations in the most effective and timely manner possible, to the benefit of both complainants and members of the Garda Síochána alike. They also reflect the commitment of the Garda Commissioner to the full co-operation of the Garda Síochána in these investigations.
As I have previously advised this House, I convened a meeting with the Garda Commissioner and the Chairperson of the Garda Síochána Ombudsman Commission on 23 July last to discuss the need for enhanced co-operation between the two bodies to ensure the effective and efficient investigation of allegations of Garda misconduct. I also informed the House in my earlier replies that I have established a committee chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.
77. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of applications that have been received under the Personal Insolvency Act in 2013. [52639/13]
View answerIn the interest of confidentiality, the Insolvency Service of Ireland (ISI) has stated that it will not be providing details or breakdowns of the 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.
It might be noted that the ISI has added a Statistics page to its website (http://www.isi.gov.ie/en/ISI/Pages/Statistics) which provides details of key information such as the number of approved practitioners, information requests to the ISI and associated pertinent information. I am advised that the statistics page will be updated on a monthly basis and I would encourage Deputies to consult that page in order to get the latest information.
78. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his views on the operation of the prison education service and its levels of funding; and his plans to increase that funding. [52641/13]
View answerI wish to inform the Deputy that Educational services are available in all prisons and are provided in partnership with a range of educational agencies including the Education Training Boards (ETBs), Public Library Services, the Open University and the Arts Council. The teachers' salaries are funded by the Department of Education and Skills who provide an allocation of 220 whole-time teacher equivalents. Literacy, numeracy and general basic education provision is the priority and broad programmes of education are made available which generally follow an adult education approach. Programmes are adapted to take account of the diversity of the prisoner population and the complex nature of prison life. Junior and Leaving Certificate courses are available. FETAC accreditation is widely used with assessment by portfolio compilation.
Courses and programmes offered can be broadly categorised as follows:
- Basic Education - including literacy, numeracy, English as a second language and communications;
- Creative Arts - notably music, sound recording and production, drama, art, craft, stone work, creative writing, film production and photography.
- Technology - including woodwork, woodcarving, metalwork, computer-aided design, information technology and horticulture;
- General Subjects - incorporating history, languages, geography, home economics and English literature;
- Life Skills - personal development, interpersonal skills, anger management, parenting, child care, addiction studies, driver theory, food hygiene, etc.
- Healthy Living- notably physical education, sports, fitness and recreational activities, health education, diet and nutrition.
The following table illustrates the amounts spent each year for the past seven years on the education of prisoners. It is notable that the funding allocated to this area has been retained over the last 3 years (including the current year), despite the general budget cuts applied across the Prison Vote. Budgets for 2014 are yet to be set.
|
All Figures in €Million |
Educational Services |
|
2006 |
1.474 |
|
2007 |
1.800 |
|
2008 |
1.694 |
|
2009 |
1.320 |
|
2010 |
1.457 |
|
2011 |
1.240 |
|
2012 |
1.234 |
An average of 38.8% of the prison population attended educational classes in 2012, the last full year for which figures are available.
79. Deputy Mick Wallace asked the Minister for Justice and Equality the progress of the separate investigation recommended at page 50 of the Garda professional services unit report regarding the widespread non-use of the mandatory comment box by An Garda Síochána; and if he will make a statement on the matter. [52664/13]
View answerThe report of April 2013 from the Professional Standards Unit in the Garda Síochána looked at the processes and systems which are in place concerning the cancellation of fixed charge processing notices. The report complements the report prepared by Assistant Commissioner John O'Mahoney of his examination into the allegations of irregularities in the operation of the Fixed Charge Processing System. These two reports recommended a number of changes aimed at ensuring that tighter administrative procedures are correctly followed throughout the Force in relation to the cancellation of fixed charge notices. The report from the Professional Standards Unit did not, however, include a specific recommendation for any separate investigation of the type referred to in the Deputy's question.
As I have previously advised, the two reports were published on my Department's website on 15 May 2013. In publishing the reports, I welcomed their recommendations for enhanced safeguards to ensure integrity in the Fixed Charge Processing System. In addition, in order to provide even further public reassurance as to the effectiveness of these changes, and with the agreement of the Garda Commissioner, I asked the independent Garda Síochána Inspectorate to review the recommendations, to make any necessary supplementary recommendations, and to then review their implementation after 18 months. The Inspectorate is making progress with this work and I expect to receive their report shortly. The Inspectorate's assessment of the recommendations contained in the two reports, and any further recommendations in this area which the Inspectorate feels are warranted, will be put in the public domain via the Inspectorate's website.
A revised Fixed Charge Processing User Manual and Procedures must await the report of the Garda Inspectorate as it will be necessary to take account of any recommendations from that source. In the meantime the Garda Commissioner issued a directive on 30 August 2013 with revised cancellation procedures in relation to Fixed Charge Notices to all members of the Garda Síochána. This directive instructed that the cancellation functionality was to be centralised to the Fixed Charge Processing Office in Thurles. Accordingly all cancellations are now executed using the Fixed Charge Processing Office computer system and as a result the comment box on Pulse is no longer used when cancelling notices. I also provided the two reports to the Joint Oireachtas Committee on Justice, Defence and Equality for their consideration and for advice on any further recommendations or procedural or legislative changes which are desirable in this area. I have also consulted with my colleague the Minster for Transport in this matter.
I am absolutely committed, as is the Commissioner, to the introduction of whatever improvements are necessary to ensure continuing public confidence in the fairness and integrity of the implementation of road traffic laws by the Garda Síochána.
80. Deputy Mick Wallace asked the Minister for Justice and Equality if he is satisfied with the official response, action and protocol introduced by the Garda Commissioner in respect of the section 80(5) report of the Garda Síochána Ombudsman Commission earlier this year; and if he will make a statement on the matter. [52665/13]
View answerThe Report to which the Deputy refers raised issues relating to the management and use of Covert Human Intelligence Sources and more generally cooperation between the Garda Commissioner and the Garda Ombudsman Commission. I sought the observations of the Garda Commissioner on the report and its recommendations. The Garda Commissioner's observations pointed out the many changes which had been made to the system for the management and use of Garda Covert Human Intelligence Sources in recent years. These changes had been put in place following the report of the Morris Tribunal. As such, many of the recommendations were already incorporated into Garda procedures, including improved training for Gardaí, the development of an electronic system for maintaining records, placing emphasis on the necessity for Gardaí to comply with professional standards, and strict procedures for handling and disseminating intelligence as well as coordination between specialist units. The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateur.
With regard to oversight, the Commissioner pointed out that, under the Garda Code of Practice for the management and use of Covert Human Intelligence Sources, robust internal auditing has been put in place together with independent external oversight by a retired Judge of the High Court. Following the receipt of the Ombudsman Commission's report I published the most recent such report by the Judge and gave a commitment to publish future reports. More generally, and as I have previously advised this House, I convened a meeting with the Garda Commissioner and the Chairperson of the Garda Síochána Ombudsman Commission on 23 July last to discuss the need for enhanced co-operation between the organisations to ensure the effective and efficient investigation of allegations of Garda misconduct.
Both the Commissioner and the Chairperson agreed on the need for the highest possible level of co-operation between the two organisations. Revised protocols were agreed and signed by the Chairperson of the Garda Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information, including sensitive information and access to Pulse, and more generally for enhanced co-operation. I also previously informed the House that I have established a committee chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.
81. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he intends to implement all recommendations contained within the Magdalene Commission report as prepared by Mr. Justice Quirke in May 2012 on the establishment of an ex gratia scheme and related matters for the benefit of those women who were admitted to and worked in the Magdalen laundries; the date on which legislation to provide enhanced medical services to eligible women similar to that available to applicable persons under the Health (Amendment) Act 1996 will be introduced; if, under the terms of the Magdalen redress scheme, an eligible woman already in receipt of the full State contributory pension and therefore not receiving any further top-up payment will have her existing full State contributory pension deemed free of income and other tax; and the progress that has been made regarding the implications of payments and supports to eligible women living in Britain, the US, Canada, Australia, Germany, Switzerland and other countries, as set out in recommendation 12 of the Magdalene Commission report. [52550/13]
View answerThe Government has decided to implement the recommendations of Mr Justice Quirke but not always exactly in the way recommended by him. For example, his 10th Recommendation was that the provision in Nursing Homes Support Scheme Act 2009 allowing for a person to be appointed to act in the best interest of the vulnerable person should be extended to women who benefit under the ex gratia scheme. It has been decided that it would be more appropriate to introduce a specific provision in a separate piece of legislation unrelated to the 2009 Act to address the intent behind this recommendation.
I am not in a position to say at this stage what date legislation will be introduced to provide enhanced medical services. My officials are engaging with the Department of Health to facilitate early introduction of appropriate legislation. Mr Justice Quirke recommended that payments provided under the ex gratia scheme should be tax free but the Deputy is correct in drawing attention to the fact that he did not make any recommendation regarding existing payments outside the scheme. This matter is being addressed by section 77 of the Finance (No.2) Bill 2013 as amended in the Select Committee on Finance.
Judge Quirke recommended dialogue at political level with the UK authorities to clarify whether payments under the ex gratia scheme would be disregarded in the context of either tax or means tested benefits. Nearly 20% of applicants reside in the UK. We have some knowledge of the situation in the UK and we have entered into a dialogue with the UK authorities on the matter. Judge Quirke recommended that the same should apply to women living in other jurisdictions. About 2-3% of applicants reside outside Ireland and the UK. Notwithstanding the very small numbers, I am open to considering entering a dialogue as regards these other jurisdictions but there are complications because of lack of information on how such payments may be treated and the fact that some involve federal states where responsibility for taxation and benefits may be split.
82. Deputy Seán Kyne asked the Minister for Justice and Equality the progress on reducing waiting times and achieving efficiencies in the citizenship application process since 2011; and the impact this has had on the number of persons in the direct provision system. [52635/13]
View answerWhen I came into office in March 2011 one of my immediate priorities was to address the large backlog of citizenship applications for naturalisation pending a decision that had built up over several years. At that time there were approximately 22,000 applications awaiting decision, many of which had been waiting for 3 years or longer. Notwithstanding the significant increase of almost 60% in the volume of valid applications received - from 12,500 in 2010 to just under 20,000 in 2012 - some 68,000 decisions on valid naturalisation applications have been made since I came into office. In the past year I have decided over 30,000 applications and issued certificates of naturalisation to some 28,000 applicants. Quite clearly, this has also resulted in a huge reduction in processing times, with over 70% of standard applications now being decided within 5 months. This is a major reform given the 115% increase in valid application levels since 2008, when processing times were more than 4 times longer. At present, there are approximately 8,500 applications pending a decision. It is my intention that we will continue to build on this success in 2014 and to further reduce the time taken to reach a decision for most applications.
As the Deputy will appreciate, as well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation is also a major step for the State as it confers certain rights and entitlements, not only within the State, but also at European Union level. It is therefore vital that appropriate procedures are in place to preserve the integrity of the process. All applications are processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and are submitted to me for decision as expeditiously as possible. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time.
This successful tackling of the backlog of citizenship applications has no direct impact on the direct provision system as persons in direct provision have not yet had their protection applications determined. If a person is successful in a protection application, he or she may apply for a certificate of naturalisation when they are in a position to meet the statutory residency requirements. It is my objective to speed up the protection determination process to the greatest possible extent, consistent with natural justice and asylum law, to keep the number of persons housed in this system as low as humanly possible.
In conclusion, the Deputy may wish to note that the greater majority of successful naturalisation applicants are not asylum seekers and in fact are migrants who came to Ireland for work and other related reasons.
84. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 129 of 13 November 2013, if he will amend legislative provisions in respect of the Garda Síochána Ombudsman Commission so that the Irish model would be similar to the model in place in Northern Ireland whereby a member of the Garda Síochána or a member of staff of the commission could not investigate a complaint against a member of An Garda Síochána in circumstances where the investigator had a conflict of interest. [52547/13]
View answerAs I informed the Deputy in my response to his Question of 13 November 2013, the Garda Síochána Ombudsman Commission requires the members of the Commission and all staff, on an annual basis, to submit a declaration in relation to any conflict of interest which may arise in the course of the performance of their functions or duties for inclusion in a Register of Interests. This declaration is separate from any declaration required under the provisions of Ethics in Public Office Act 1995. Where, during the course of the year covered by the declaration, a conflict of interest not previously declared arises, members and staff must submit a revised declaration which should include details of the interest. In this way the Garda Síochána Ombudsman Commission are in a position to act promptly in relation to any conflicts of interest which may arise.
The Protocols agreed and signed by the Chairperson of the Garda Ombudsman Commission and the Garda Commissioner on the 23rd September 2013 contain general principles governing the appointment of members of the Garda Síochána as Investigating Officers which are aimed at avoiding any conflict of interest which may prejudice the outcome of a case. It seems to me that there are sufficient safeguards in place to deal with situations where a conflict of interest may arise, but of course the legislative provisions relating to the Ombudsman Commission are kept under general review.
85. Deputy Denis Naughten asked the Minister for Justice and Equality if he will have the case of the murder of Garda Richard Fallon on 3 April 1970 independently reviewed; and if he will make a statement on the matter. [52549/13]
View answerThe murder of Garda Richard Fallon was a terrible tragedy for his family and I want to, again, express my deepest sympathy to them. On top of that personal tragedy, his murder was also an event that can only be described as a heinous crime carried out by ruthless individuals with no respect for human life. In view of the fact that Garda Richard Fallon was carrying out his duties as a member of An Garda Síochána, his murder was also a direct attack on the institutions of this State.
The Serious Review Crime Team of An Garda Síochána is carrying out a review of this case. I am informed by the Garda Commissioner that the Serious Review Crime Team have met with members of the Fallon family, most recently in April this year, to update them on developments in their inquiries. Since then the family have been afforded an opportunity to meet with members of An Garda Síochána and contact has been maintained with the family on an ongoing basis by the Senior Investigating Officer from the Team. In the circumstances I think it would be best to await the outcome of the Garda review.
86. Deputy Mick Wallace asked the Minister for Justice and Equality when he will provide the Ombudsman for Children with powers under section 42 of the Garda Síochána Act, as amended, to allow her to commence her independent investigation into actions by An Garda Síochána in the Roma children controversy; and if he will make a statement on the matter. [52663/13]
View answerI can inform the Deputy that the required Order under Section 42 of the Garda Síochána Act 2005, to allow for Ms Emily Logan to conduct an independent Inquiry into these events has been made. This Order has been made by way of a Statutory Instrument entitled "Garda Síochána Act 2005 (Section 42)(Special Inquiries Relating to Garda Síochána) Order 2013" notice of which will be published in Iris Oifigúil. It is also my intention to lay the Order before the Houses of the Oireachtas.
Section 42 of the Garda Síochána Act 2005 provides significant powers for the carrying out of Inquiries. Under the provisions of that Section, Ms Logan can require a member of An Garda Síochána, or any other person, who possesses information or possesses or controls a document or thing that is relevant to the inquiry to provide the information, document or thing to her and, where appropriate, she may require the member or other person to attend before her for that purpose. The Section also provides strong powers to compel, if necessary, persons to cooperate with the Inquiry. The Deputy will be aware that Ms Logan has been furnished with a copy of a Report on these matters which was submitted to me by the Garda Commissioner.
The Terms of Reference for Ms Logan's Inquiry are set out in the Statutory Instrument. These are to inquire into the events in question having regard to all relevant matters including:
a) The information available to An Garda Síochána at the relevant times;
b) The nature of any consultation or coordination with the Health Service Executive before or after the exercise of the powers under section 12 (amended by section 7 of the Child Care (Amendment) Act 2011 (No. 19 of 2011)) of the Child Care Act 1991 (No. 17 of 1991) in each case;
c) The systems and policies for the sharing of information between An Garda Síochána and other relevant organisations involved in the events that are the subject of this Inquiry;
d) The systems and policies for ensuring the maintenance of appropriate confidentiality in relation to the utilisation of section 12 (amended by section 7 of the Child Care (Amendment) Act 2011 (No. 19 of 2011)) of the Child Care Act 1991 (No. 17 of 1991);
e) All relevant child protection considerations.
Having now established this Inquiry I think it appropriate that Ms Logan be given the appropriate time and space to undertake her work and I would like to take the opportunity to again thank her for agreeing to undertake this Inquiry.
87. Deputy Catherine Murphy asked the Minister for Justice and Equality further to Parliamentary Question No.162 of 21 November 2013, the reasons that exist under the Data Protection Acts for the non-return of seized data equipment by the Revenue sheriff to persons; the way the Revenue sheriff makes the information held about persons on such equipment secure; if his attention has been drawn to any breach of the Data Protection Acts by the Revenue sheriff in any regard but particularly with regard to the sale of seized equipment; and if he will make a statement on the matter. [52654/13]
View answerThe position is that while revenue sheriffs are formally appointed by the Minister for Justice and Equality, their primary statutory function is to collect outstanding tax and interest liabilities on behalf of the Office of the Revenue Commissioners under section 962 of the Taxes Consolidation Act 1997, as amended. They are not accountable to the Minister for Justice and Equality for their performance of this statutory function.
The activities of revenue sheriffs in discharging this function are governed by a Code of Practice which is published on the web site of the Revenue Commissioners (www.revenue.ie). The Code contains provisions governing contact between the revenue sheriff and taxpayers, as well as a procedure for handling taxpayer complaints. Under the Code, revenue sheriffs are required to investigate written complaints and respond as promptly as is practicable in the circumstances. A written appeal against such a response may be lodged with the Revenue Commissioners and the Commissioners may request the revenue sheriff to carry out a review of his or her decision. Where, following this review, the matter has not been resolved, the complaint may be referred to the Joint Standing Committee (JSC) of the Revenue Commissioners and the Sheriffs' Association for further review.
As I stated in responses to earlier Questions from the Deputy on this matter, revenue sheriffs are subject to the provisions of the Data Protection Acts 1988 and 2003. This means, for example, that appropriate security measures must be taken against unauthorised access to, or unauthorised alteration, disclosure or destruction of personal data coming into his or her possession. Where computer equipment containing personal data has been seized by the revenue sheriff, such data should be returned under secure conditions to the person from whom the equipment was seized unless there is a legitimate reason for non-return of the data. Such reasons could, of course, vary depending on the specific circumstances of the case.
I should add that enforcement of the data protection legislation is a matter for the Data Protection Commissioner. Any complaints in relation to alleged breaches of the legislation may therefore be referred to the Commissioner for independent investigation.
88. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a county breakdown of the number of personal insolvency practitioners appointed to date; the number of applications received and the number processed; and if he will make a statement on the matter. [52658/13]
View answerI can advise the Deputy that there are a total of 86 Personal Insolvency Practitioners (PIPs) currently authorised by the Insolvency Service of Ireland (ISI). In addition, there are 53 individuals within 21 Money Advice and Budgeting Service (MABS) companies authorised to act as Authorised Intermediaries. Details on a county basis are set out in the following table. I am advised that the ISI is continuing to authorise Approved Intermediaries and Personal Insolvency Practitioners, therefore these numbers will increase in the coming months. The location and contact details of each practitioner are publicly available on the various Registers on the ISI's website, www.isi.gov.ie.
In the interest of confidentiality, the ISI has indicated that it will not be providing details or breakdowns of the 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. It might be noted that the ISI has added a statistics page to its website (http://www.isi.gov.ie/en/ISI/Pages/Statistics) which provides details of key information such as the number of approved practitioners, information requests to the ISI and associated pertinent information. I am advised that the statistics page will be updated on a monthly basis and I would encourage Deputies to consult that page in order to get the latest information.
TABLE: Number of PIPS and MABS Companies acting as Approved Intermediaries, by County
|
County |
Number of Personal Insolvency Practitioners |
Number of MABS companies acting as Approved Intermediaries |
|
Cavan |
1 |
1 |
|
Clare |
2 |
1 |
|
Cork |
8 |
2 |
|
Donegal |
4 |
1 |
|
Dublin |
32 |
5 |
|
Galway |
11 |
1 |
|
Kerry |
4 |
- |
|
Kildare |
3 |
- |
|
Kilkenny |
- |
1 |
|
Laois |
1 |
1 |
|
Limerick |
2 |
- |
|
Longford |
1 |
1 |
|
Louth |
4 |
- |
|
Mayo |
1 |
1 |
|
Meath |
2 |
1 |
|
Monaghan |
- |
1 |
|
Offaly |
2 |
- |
|
Roscommon |
- |
1 |
|
Sligo |
1 |
- |
|
Tipperary |
3 |
- |
|
Waterford |
2 |
1 |
|
Westmeath |
- |
1 |
|
Wexford |
1 |
1 |
|
Wicklow |
1 |
- |
|
Total |
86 |
21 (representing 53 individuals) |
89. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the date he last met with Northern Ireland Minister David Ford; and if he raised with him the question of lateral entry or transfer between An Garda Síochána and the PSNI. [52637/13]
View answerMy latest meeting with the Northern Ireland Minister of Justice, David Ford MLA, was on Thursday last, 5 December, in the margins of the meeting of the EU Council of Justice and Home Affairs Ministers in Brussels. We had an informal discussion on a number of issues, including that of North-South police co-operation and the programme of personnel exchanges, secondments and lateral entry between An Garda Síochána and the PSNI.
90. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the steps open to a family whose mortgage debt on their primary residence accounts for over 50% of their secure debts to avail of the measures introduced in the Personal Insolvency Act. [52640/13]
View answerIt is a matter for a Personal Insolvency Practitioner to formulate an individual arrangement between an insolvent debtor and all of the creditors that may be involved in his or her financial situation. Details of Personal Insolvency Practitioners based around the country are available on the Insolvency Service of Ireland website at www.isi.gov.ie. There is also a Guide to a Personal Insolvency Arrangement available on the ISI's website. That Guide sets out the general eligibility conditions for persons wishing to apply for a Personal Insolvency Arrangement and also outlines the detailed steps involved in the process. There are also various detailed scenarios available which outline the Personal Insolvency Arrangement process.
I can advise the Deputy that a person with secured debts that are less than €3 million may be eligible for a Personal Insolvency Arrangement, provided that he/she meets the other conditions.
91. Deputy Brendan Smith asked the Minister for Justice and Equality the contact he has had with the Secretary of State for Northern Ireland or members of the Northern Executive in relation to the work of the independent commission for the location of victims' remains; and if he will make a statement on the matter. [48974/13]
View answerI meet regularly with my Northern Ireland counterparts to discuss a full range of cross-Border criminal justice and policing issues of mutual interest. Naturally, issues related to the victims of crime and of troubles-related incidents feature in our discussions. The House will be aware that there is one very particular group of victims created over the course of the conflict in Northern Ireland. There were a number of people abducted and murdered by paramilitary groups, and then buried in secret locations. They have become known as "the Disappeared".
The Independent Commission for the Location of Victims' Remains was established by the Irish and British Governments in 1999 as one of the actions taken in the context of the Peace Process to acknowledge and address the suffering of the victims of violence as a necessary element of reconciliation. Its purpose is to facilitate the location of the remains of the Disappeared in order that they may be returned to their families to receive a decent burial and that the families will then have a grave at which to grieve and to remember. These families have suffered a very particular cruelty in not only having to bear the tragedy of murder, but having been denied for so long information regarding the burial places of their loved ones.
Previously, the then Minister of State for Northern Ireland, Hugo Swire MP, and I met with the Commission and with the group of victims' families and heard of their suffering and their concerns at first hand. I pay tribute to the families' dignity and fortitude in the face of their suffering. Once again, I extend my deepest sympathy to them on their loss and assure them of my continuing support for their efforts to recover their loved ones. The Taoiseach met with the families and the Commission in July and he also assured them of the Government's continued support for them and its commitment to this humanitarian process.
The Commission, with the continuing support of the two Governments, has worked tirelessly over the years in pursuit of its task and it continues to so do. On the occasion of the National Missing Persons' Day event at Farmleigh last week, I met with Commissioner Frank Murray and he provided me with an update on the Commission's ongoing work. He emphasised to me once again that the Commission is continuing its inquiries in relation to the seven persons on the Commission's list whose remains have not yet been located but that the Commission requires further information to progress its efforts.
I am sure Deputies will join with me in encouraging anyone with information that could help to locate those still missing to give that information to the Commission without delay. Information about the Commission and how to contact it are available on the Commission's website – www.iclvr.ie. I would emphasise that all information provided to the Commission will be treated as strictly confidential and can only be used to locate and identify the remains. The Commission's purpose is humanitarian. All the families want is to give their loved ones a decent burial, to have a place to grieve and, in some measure at least, to have closure. The Government remains committed to that aim and I call on all others to help bring it about.
92. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of complaints received by the Garda Síochána Ombudsman Commission in the years 2010, 2011, 2012 and to date in 2013 from family members of persons who were killed or seriously injured in road traffic collisions where the complaint related to the conduct of the Garda or staff member; and the number of gardaí who have been disciplined as a result of these complaints. [52546/13]
View answerI regret that the information sought by the Deputy is not readily available in the time allowed. I will write to the Deputy when the information is to hand.
93. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which criminal gangland activity such as illegal drug trafficking relies on money laundering to continue in business; the ongoing efforts to curtail such activity; and if he will make a statement on the matter. [52633/13]
View answerAs the Deputy will be aware, money laundering is a method by which criminals seek to disguise the illegal origins of their wealth and protect their asset bases, so as to avoid the suspicion of law enforcement agencies and to prevent leaving a trail of incriminating evidence. While money laundering is an offence of itself, it would of course be reasonable to consider it closely associated with organised crime which generate significant financial gain. Addressing organised crime in all of its guises remains a key ongoing priority for both the Government and An Garda Síochána and these priorities are clearly reflected in the Garda Policing Plan for 2013.
In this regard, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks by utilising advanced analytical and intelligence methodologies. In addition, multidisciplinary approaches are used to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted including through the use of the proceeds of crime legislation, money laundering legislation and the powers of the Criminal Assets Bureau.
Specifically with regard to money laundering, the Deputy may wish to note that the Criminal Justice (Money Laundering and Terrorist Financing) Act, 2010 represents a radical overhaul of the anti-money laundering system in establishing a new framework of anti-money laundering regulation for credit and financial institutions and other "designated persons" in line with the 3rd EU Money Laundering Directive and the standards of the Financial Action Task Force (FATF). In addition, the Criminal Justice Act 2013 made further amendments to that Act in order to align certain provisions more closely with international standards. Furthermore, in February 2012, the FATF further revised its standards with the aim of strengthening and protecting the systems in place to deal with money laundering and terrorist financing and proposals for a 4th EU Money Laundering Directive are currently being negotiated which will take into account the revised FATF recommendations.
In concluding, I can fully assure the Deputy that An Garda Síochána will continue to vigorously pursue all persons involved in organised criminal activity including money laundering.
