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Tuesday, 21 Jan 2014

Written Answers Nos. 508-526

Residency Permits

Questions (508)

Bernard Durkan

Question:

508. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [2594/14]

View answer

Written answers

In February, 2012, the person concerned applied for a right of residency in the State, accompanied by a right to work, based on the principles of the Zambrano Judgment. This application was refused as the person concerned provided no documentary evidence to show that he was the parent of an Irish born minor citizen child.

The person concerned was later notified, by letter dated 3 July, 2013, that the 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 Minister setting out the reasons why a Deportation Order should not be made against him. Written representations have been submitted by and on behalf of the person concerned.

The position in the State of the person concerned will now 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.

Residency Permits

Questions (509)

Bernard Durkan

Question:

509. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected positioning in respect of residency status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [2605/14]

View answer

Written answers

The person concerned arrived in the State on 24 August, 2006 and has remained in the State without appropriate permission since that date.

Given that the person concerned had no valid basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 3 July, 2013, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within a period of 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. Written representations have been submitted on behalf of the person concerned.

The position in the State of the person concerned will now 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.

Criminal Injuries Compensation Tribunal

Questions (510)

Dara Calleary

Question:

510. Deputy Dara Calleary asked the Minister for Justice and Equality when he expects to appoint a new tribunal for the scheme of compensation for personal injuries criminally inflicted; the delay in appointing ordinary members of the tribunal; his views that the delays being experienced by applicants to the scheme is deplorable and unacceptable; and if he will make a statement on the matter. [2617/14]

View answer

Written answers

I can inform the Deputy that I am in the process of appointing a new Tribunal to administer the Scheme under the terms of Paragraph 17 of the Scheme of Compensation for Personal Injuries Criminally Inflicted. I have recently appointed a Tribunal Chairperson, Mr. John Cheatle, B.L who can, under the terms of the Scheme, determine applications and is entirely independent in that regard. I expect to appoint the remaining members in the near future.

As the Deputy may be aware the Scheme of Compensation for Personal Injuries Criminally Inflicted is a cash limited Scheme. In recent years, due to a small number of very large awards, the budget has come under significant pressure and there were delays in awards being paid by the Tribunal to applicants as a consequence with some awards being paid in the following financial year or over a period of years in the case of very large monetary awards. However, in 2013 I managed to secure additional funding for the Scheme from Dáil Éireann by way of supplementary estimate which permitted the Tribunal to pay the overwhelming majority of awards, both outstanding and current, in full. Accordingly, there are now no significant payment delays being experienced by applicants to the Scheme.

Criminal Injuries Compensation Tribunal

Questions (511)

Dara Calleary

Question:

511. Deputy Dara Calleary asked the Minister for Justice and Equality when persons (details supplied) in County Wicklow can expect to have their application processed to the scheme of compensation for personal injuries criminally inflicted; if their application is deemed successful, when they can expect payment; his views that the delay they are experiencing is unacceptable; and if he will make a statement on the matter. [2618/14]

View answer

Written answers

As the Deputy will be aware under the terms of the Scheme of Compensation for Personal Injuries Criminally Inflicted the Criminal Injuries Compensation Tribunal is entirely independent in the matter of individual applications for compensation under the Scheme. However, in order to be of assistance in the matter I have had enquiries made with the Tribunal on his behalf.

I understand that the application referred to by the Deputy has been submitted for decision to the Tribunal Chairperson. As soon as the decision comes to hand a copy will be passed to the applicants’ solicitor.

Garda Operations

Questions (512)

Michael Moynihan

Question:

512. Deputy Michael Moynihan asked the Minister for Justice and Equality if he has discussed policies and procedures with the Garda Commissioner to deal with certain types of road traffic accidents and situations (details supplied); and if he will make a statement on the matter. [2639/14]

View answer

Written answers

I am in ongoing contact with the Garda Commissioner on a wide range of road safety issues but the Deputy will appreciate that detailed operational policy is a matter for the Garda authorities. Insofar as the particular and tragic circumstances he refers to are concerned, I am informed by the Garda authorities that a Roads Policing Manual was issued in 2013 setting out the relevant policy and procedures in relation to vehicle pursuit. The roles and responsibilities of Garda members involved in pursuit incidents are clearly set out and the policy manual outlines the policies and procedures to be followed where an individual appears to be intent on harming themselves, with the safety of all those involved in such situations, including the general public, being paramount.

Courts Service

Questions (513, 519)

Brendan Griffin

Question:

513. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding courthouses (details supplied) in County Kerry; if he will indicate which courthouses will remain open; and if he will make a statement on the matter. [2657/14]

View answer

Tom Fleming

Question:

519. Deputy Tom Fleming asked the Minister for Justice and Equality if he will take into consideration the submission (details supplied) from the Kerry Law Society, on behalf of its members, their clients and the affected communities of south and west Kerry who strongly object to the proposed closure of the courthouses at Kenmare, Cahersiveen, Killorglin and Dingle, County Kerry; and if he will make a statement on the matter. [2790/14]

View answer

Written answers

I propose to take Questions Nos. 513 and 519 together.

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.

However, in order to be of assistance to the Deputies, I have had enquiries made and have been informed that the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the Service can continue to maintain the delivery of front line court services and an appropriate level of service to court users. I understand that no court venue was singled out for or indeed exempted from the review process. There are significant costs in operating and maintaining an extensive estate of properties around the country, both in terms of the staff who must attend these locations, and the cost of maintaining the buildings themselves and providing appropriate facilities in them. In allocating resources the Courts Service has indicated that it must prioritise venues that are regularly used and that have the highest workload.

During the course of 2012, the Courts Service completed a comprehensive review of all venues throughout the country. The purpose of the review was to establish a framework within which venues could be considered for closure taking account of a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. The review identified a range of venues nationwide which, based on the criteria applied, could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue. The Courts Service has indicated that the identification of venues as part of the review process will not necessarily mean that the identified venues will close.

I am informed that following the aforementioned review courthouses located at Killorglin, Caherciveen, Kenmare and Dingle were identified as venues which should be considered for closure subject to a detailed assessment and the preparation of a business case. The Courts Service has indicated that it undertook substantive consultation processes with local interests, including the Kerry Law Society, and that submissions and views received will be fully considered as part of the ongoing decision making process. I am informed that if closure of a venue is to be recommended to the Board following the ongoing detailed assessment then all those previously consulted will be afforded another opportunity to make further submissions to the Board. However, the final decision in relation to the closure of any venue is a matter for the Board of the Courts Service and I have no role in that regard.

Garda Station Expenditure

Questions (514)

Kevin Humphreys

Question:

514. Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will provide an update on the building plans for a Garda station (details supplied) in Dublin 8; when he expects progress to be made; if the project has gone to tender; the expected cost of the project; and if he will make a statement on the matter. [2682/14]

View answer

Written answers

The provision of the new Kevin Street Garda Divisional Headquarters was included in the special Government stimulus package announced in July 2012. It is intended that the relevant projects will be delivered by means of a Public Private Partnership and work is being undertaken by the relevant agencies in the light of the Government announcement.

As the arrangements to be put in place for Public Private Partnerships are complex, it is not possible at this stage to indicate when the specific elements of the projects will be completed. However, I can assure the Deputy that they are being treated as a priority.

Consultancy Contracts

Questions (515)

Pádraig MacLochlainn

Question:

515. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will provide in tabular form a list of all professional fees, including but not limited to legal, consultancy, IT related, advisory, capital, advertising and accountancy; and the company name and the amount invoiced between 1 May 2011 and 31 December 2013. [2732/14]

View answer

Written answers

I wish to refer the Deputy to previous replies under PQs Nos. 610 of 19 July 2012, 228 of 17 October 2012, and 884 and 886 of 16 July 2013, which addressed the same question.

As previously stated in the replies to these questions the sheer volume and scale of the information sought by the Deputy makes the provision of such information unsuitable for transmission via the PQ system.

Consultancy Contracts

Questions (516)

Pádraig MacLochlainn

Question:

516. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of consultants or consultancy firms employed by his Department during each of the past five years; the purpose and duration of each of these consultancies or consultancy contracts; the names of the consultants or firms; if he will list architectural consultancies separately; and if he will make a statement on the matter. [2734/14]

View answer

Written answers

I wish to inform the Deputy that it has not been possible to provide the information requested in the time available. I will write to the Deputy directly when this information is to hand.

Departmental Expenditure

Questions (517)

Seán Fleming

Question:

517. Deputy Sean Fleming asked the Minister for Justice and Equality when the payment will be issued by a fund administered in his Department to a person (details supplied) in County Laois; and if he will make a statement on the matter. [2770/14]

View answer

Written answers

I can inform the Deputy that payment has issued in this matter.

Appointments to State Boards

Questions (518)

Clare Daly

Question:

518. Deputy Clare Daly asked the Minister for Justice and Equality when he expects to appoint the board of the national disability association; and if he will make a statement on the matter. [2781/14]

View answer

Written answers

Expressions of interest were sought for consideration for appointment to the Board of the National Disability Authority in October 2013 and 38 applications were received. The applications are under consideration and I expect to be in a position to appoint the Board shortly.

Question No. 519 answered with Question No. 513.

Legislative Process

Questions (520, 527)

Jerry Buttimer

Question:

520. Deputy Jerry Buttimer asked the Minister for Justice and Equality if he will consider the proposals by the Irish Institute of Legal Executives for formal recognition of the role and functions carried out by legal executives; if this will be provided for in the Legal Services Regulation Bill; if not, if he will consider exploring the issue further in future legislative proposals; and if he will make a statement on the matter. [2812/14]

View answer

Michael McGrath

Question:

527. Deputy Michael McGrath asked the Minister for Justice and Equality his views on granting formal recognition to the Irish Institute of Legal Executives as part of the Legal Services Regulation Bill 2011; and if he will make a statement on the matter. [2892/14]

View answer

Written answers

I propose to take Questions Nos. 520 and 527 together.

I have clearly set out the situation in relation to this matter in previous Replies to the House and in the course of its discussion on 15 January 2014 during Committee Stage of the Legal Services Regulation Bill which is now coming close to completion. I will, therefore, reiterate my views on this occasion.

As the Deputy will be aware, the Legal Services Regulation Bill 2011 does not make any provision in relation to the role or status of "legal executives" nor is any such provision envisaged. Any extension of the scope of the Bill beyond that of "legal practitioners" as so defined in terms of practising solicitors or barristers would have to be considered separately at some future time if it were ever to become an agreed policy or legislative objective. Moreover, it must be acknowledged that while legal executives have a range of recognised functions they are not a homogenous group and tend to provide support in discrete areas of legal practise such as those of conveyancing, probate, commercial or family proceedings and to have a range of personal qualifications appropriate to performing the respective legal tasks concerned. As set out on the web-site of the Irish Institute of Legal Executives Ltd. in regard to such legal executives, "he/she is often entrusted with the practicalities of progressing a given legal transaction initiated by the practitioner". In very many instances, therefore, it is those Solicitors or other legal practitioners who are the principals of the legal practices or firms concerned who ultimately carry responsibility for the actions of their employee legal executives, including under the relevant legislative provisions and professional codes.

It is clear from the correspondence I have received from the Irish Institute of Legal Executives Ltd. that the scope of their proposals to confer legal status and a whole range of functions on such a category of persons is extensive and goes way beyond their current functions and those measures to be introduced under the Legal Services Regulation Bill. They relate inter alia to "a right of audience in the District and Circuit Courts, before tribunals and, subject to review, subsequently in all courts", and to the eligibility of members for quasi-judicial and judicial appointments (e.g as District Court judges or members of Tribunals). These proposals also draw heavily from the regulatory and practise models of England and Wales which have separate and very distinct histories and do not always correspond to those of our jurisdiction nor to those set out under current Government policy in the Legal Services Regulation Bill 2011. As such, they are premature in a number of key respects and give rise to a range of substantive issues that cannot be addressed, in legislative terms, by merely adding a handful of provisions to this Bill.

While recognising that there may be additional benefits and efficiencies to be found for consumers and for the legal services sector in a more developed role for "legal executives" in the future, the very far-reaching proposals being made on their behalf at this time lie beyond the scope of the Legal Services Regulation Bill impinging, as they do, on aspects of the courts and the judiciary. Such proposals, including their constitutional and other substantive aspects, will need to be considered carefully and separately on their own merits at some future time if they are ever to become matters of determined Government policy for implementation. Others, including that of the profession of conveyancer, will come to be considered in due course by the new Legal Services Regulatory Authority. As recognised by the Irish Institute of Legal Executives Ltd, based on the experience of its own members, it nonetheless remains open to legal executives, who are so minded, to pursue other careers such as those of Commissioner for Oaths or solicitor or barrister by way of capitalising on their acquired legal knowledge, qualifications and experience.

Immigration Policy

Questions (521)

Jerry Buttimer

Question:

521. Deputy Jerry Buttimer asked the Minister for Justice and Equality the measures being used to investigate the criminal backgrounds of persons coming to Ireland; if all persons coming to Ireland are screened; and if he will make a statement on the matter. [2820/14]

View answer

Written answers

Under section 4 of the Immigration Act 2004 an immigration officer may refuse to give permission to a non-national to enter the State under certain circumstances, including where the person has been convicted of an offence punishable under the law of the place of conviction by imprisonment for a period of one year or more.

A non-national may also be refused permission to land or be in the State if an immigration officer has reason to believe that the non-national’s entry into, or presence in the State, could pose a threat to national security or be contrary to public policy, or where there is reason to believe that the non-national intends to enter the State for a purpose other than their stated purpose. In carrying out the necessary checks at the ports of entry, immigration officers have access to all international immigration watch lists and, as appropriate, databases maintained by An Garda Síochána.

As well as the legal requirement on non-nationals to seek permission to enter the State on arrival at an approved port of entry, visa required nationals are obliged to disclose any criminal convictions as part of their application. Checks are carried out as needed with An Garda Síochána and other countries' immigration and police authorities as part of the application process. Checks are also carried out with the authorities of the United Kingdom in the context of maintaining the integrity of the Common Travel Area.

Furthermore, where any person who is not a citizen of Ireland or the United Kingdom, who is resident in the State, is known or suspected to have engaged in criminal activity, An Garda Síochána may provide relevant information to the Irish Naturalisation & Immigration Service (INIS) for the purpose of consideration being given to initiating a process to arrange for their removal from the State pursuant to section 3 of the Immigration Act 1999 or, if the person is an EU national, pursuant to Regulation 20 of the European Communities (Free Movement of Persons) Regulations 2006.

Death Certificates

Questions (522)

Seán Ó Fearghaíl

Question:

522. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if he will ensure that a death certificate is issued in respect of a person (details supplied); and if he will make a statement on the matter. [2844/14]

View answer

Written answers

Under the Coroners Act, 1962, a Coroner is a statutory officer exercising quasi-judicial functions in relation to which he or she is independent and neither I nor my Department has any role in individual cases.

However, to be of assistance, general inquiries have been made in connection with the matter raised by the Deputy and I understand that the family involved has been in direct contact with the Coroner.

Departmental Funding

Questions (523)

Catherine Byrne

Question:

523. Deputy Catherine Byrne asked the Minister for Justice and Equality if he will list, for each year from 2008 to 2013 or the most recent year for which information is available, funding provided by the Office for the Promotion of Migrant Integration for non-governmental, voluntary or community organisations; and the amount provided and their purpose, under the headings of sport, faith-based organisations and local authorities or any other categories which may be in operation. [2861/14]

View answer

Written answers

The following funding was provided from the subhead for the Office for the Promotion of Migrant Integration (currently Subhead D. 8 of my Department's Vote):

-

National Sporting Bodies

City and County Councils

Faith-based organisations

Grants to NGOs, voluntary bodies etc

TOTAL

2008

(€)

505,000

817,019

77,300

2,790,395

4,189,714

2009

(€)

504,513

967,275

1,692,178

3,163,966

2010

(€)

398,235

1,219,573

16,000

1,216,790

2,850,598

2011

(€)

253,206

181,995

806,675

1,241,876

2012

(€)

175,000

156,240

964,604

1,295,844

2013

(€)

35,000

194,760

949,226

1,178,986

The purpose of this funding was to promote the integration of immigrants into Irish society. The specific actions covered vary among the grantees and include such elements as integration strategy development, assisting immigrants to prepare for employment or for further training, improving the capacity of organisations to cater for the needs of immigrants, English language classes, outreach to immigrants to encourage their involvement in sport, anti-racism measures and the promotion of voter registration.

The Office for the Promotion of Migrant Integration is also responsible for the European Refugee Fund (ERF) and the European Integration Fund (EIF). The following amounts were advanced from the relevant subhead (currently Subhead D. 9 of my Department's Vote) to Pobal, to which certain administrative functions have been delegated in relation to the Funds, for payments to beneficiaries:

-

2008

661,895

2009

1,042,365

2010

1,336,675

2011

948,000

2012

1,013,563

2013

1,204,702

This funding is not allocated on the basis of the categories referred to in the Question but following calls for applications for projects involving the target groups of the Funds i.e. refugees, persons enjoying subsidiary protection, resettled persons and asylum seekers in the case of the ERF and other third-country nationals in the case of the EIF. Details of the projects funded are available on www.integration.ie.

Departmental Funding

Questions (524)

Catherine Byrne

Question:

524. Deputy Catherine Byrne asked the Minister for Justice and Equality the voluntary and community organisations funded by his Department in 2013, or the most recent year for which information is available; and the amount provided in each case and the purpose for which it was provided. [2871/14]

View answer

Written answers

I wish to inform the Deputy that it has not been possible to provide the information requested in the time available. I will write to the Deputy directly when this information is to hand.

Garda Recruitment

Questions (525)

Andrew Doyle

Question:

525. Deputy Andrew Doyle asked the Minister for Justice and Equality if the process for the current Garda recruitment will give priority to current members of the Garda Reserve in view of the tick-box option on the application form; and if he will make a statement on the matter. [2875/14]

View answer

Written answers

The Garda Síochána (Admissions and Appointments) Regulations 2013 continued in place the provision that, in a competition for full-time membership of An Garda Síochána, the Public Appointments Service shall take into account "any satisfactory service by the person as a reserve member of the Garda Síochána". This provision was introduced in order to acknowledge the beneficial experience and skills gained by a Reserve member.

Garda Recruitment

Questions (526)

Andrew Doyle

Question:

526. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will provide a detailed breakdown of figures of persons who have applied for the recent round of Garda recruitment; the number of these applicants who are currently members of the Garda Reserve; and if he will make a statement on the matter. [2876/14]

View answer

Written answers

The current Garda recruitment campaign is being run by the Public Appointments Service on behalf of the Commissioner of An Garda Síochána. At the time of closing of the competition on 9 January 2014, approximately 25,000 persons had applied through the Public Appointments Service website. A detailed breakdown of the nature and origin of applicants, including for example those who are currently members of the Garda Reserve, is currently not readily available.

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