Written Answers Nos. 142-152
142. Deputy Denis Naughten asked the Minister for Justice and Equality if he will review the operation of the new personal insolvency system in view of the significant costs associated with its operation that are blocking those who require the service from availing of it; and if he will make a statement on the matter. [6115/14]
View answerContrary to some recent media reports, I can confirm that there is no intention to amend the law on personal insolvency. The enactment of the Personal Insolvency Act in December 2012, the establishment of the Insolvency Service of Ireland (ISI) in March 2013, and the reforms to the bankruptcy regime which took effect from 3 December 2013 already constitute a far-reaching, substantial and comprehensive reform of our insolvency and bankruptcy law.
It is now time to allow the new legislation to take effect. Operational issues which may arise will be addressed by the ISI. The ISI has rapidly established the necessary infrastructure of trained and accredited insolvency practitioners and intermediaries, and began accepting applications for personal insolvency solutions last September. A number of these cases have already been referred to the Courts for protection orders or final approval, and the ISI expects the volume of such cases to increase significantly in the coming weeks and months. So while huge progress has been made, we are still in the early stages of implementation, and the legislation should be allowed time to bed down. There have also been media references to a proposed insolvency protocol. I can clarify that this is purely an operational matter and does not require any amendment to the existing legislation. Such a protocol is simply a working template for an insolvency or debt agreement, agreed with stakeholder consultation, to facilitate and streamline insolvency applications. Developing such a protocol is an initiative of the ISI, based on best practice in other jurisdictions.
With regard to costs, in the case of a Debt Relief Notice, there are no significant costs for an eligible insolvent debtor associated with its operation as the approved intermediary provides the supports necessary to make an application at no charge. It should be noted that in the case of both a Debt Settlement Arrangement and a Personal Insolvency Arrangement, these solutions are predicated on a voluntary agreement being arranged by a personal insolvency practitioner between debtor and creditor(s). The practitioner's fees will be paid from contributions made during the term of the agreement. In a case where a debtor is not in a position to make some level of payment to his or her creditor(s), whether by way of income payments or the disposal of assets, it is difficult to see how an arrangement could be put in place. Bankruptcy, the term of which has recently been reduced from twelve to three years, may be the most appropriate option in such cases.
143. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 27 and 37 of 1 December 2011 and in reply to which he stated that work on a regulatory impact assessment, RIA, for the legislation is near completion and that it will be made available in the near future, the reason it took a full two years for him to publish the regulatory impact assessment relating to the Legal Services Regulation Bill; his views on whether best practice provides that an RIA should be carried out before any decisions are taken regarding regulatory changes; and if he will make a statement on the matter. [6124/14]
View answer144. Deputy Lucinda Creighton asked the Minister for Justice and Equality the reason there was no analysis of multidisciplinary practices, MDPs, in the regulatory impact assessment, RIA, relating to the Legal Services Regulation Bill; his views that in advance of attempting to introduce multidisciplinary practices it would be preferable to make the new regulator to investigate whether or not multidisciplinary practices should be permitted and allow it to review the experience in those countries which have permitted MDPs and to consider examples of countries that have chosen not to go this route and the reasons they have done so; and if he will make a statement on the matter. [6125/14]
View answer145. Deputy Lucinda Creighton asked the Minister for Justice and Equality his views on whether paragraph 25 and 26 of the regulatory impact assessment, RIA, relating to the Legal Services Regulation Bill contradict what is written in paragraph 84(g); if he will elaborate further on what he sees as additional areas of the legal services domain regarding more efficient operating practice models that are not covered in paragraph 25 and 26 but referred to in paragraph 84(g); and if he will make a statement on the matter. [6126/14]
View answerI propose to take Questions Nos. 143 to 145, inclusive, together.
As the Deputy will be aware, the Legal Services Regulation Bill 2011 gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". Furthermore, as a sectoral objective under the EU/IMF/ECB Troika Memorandum of Understanding, it supports the objectives of structural reform, national competitiveness and early economic recovery. The Bill and its structural reforms are also a key deliverable under the Government’s Medium Term Economic Strategy 2014-2020. The published Regulatory Impact Analysis (RIA) of the Bill, in keeping with the relevant Guidelines of 2009, focuses on how best to implement these pressing Government commitments. The remaining amendments for Committee Stage, which cover Parts 7 to 9 of the Bill, have been circulated for consideration in advance of the resumption of that Stage on 12 February 2014.
As I have previously stated in Replies to the House, although a preliminary Regulatory Impact Analysis (RIA) had been in preparation for the Bill, because of the urgently prescribed time-frame under the EU/IMF/ECB Programme, it did not prove possible to complete it for issue when the Bill was published. Deputies will be aware that the relevant Guidelines specifically allow for a Regulatory Impact Analysis to follow a Bill in such exceptional circumstances as applied in this instance. Moreover, in the subsequent period priority also had to be given by the Government to the enactment of the Personal Insolvency Bill as a competing legislative priority under the EU/IMF/ECB Troika programme. This overlap provided a convenient opportunity to further develop the RIA for the Legal Services Regulation Bill while taking account of intervening developments and the consideration of submissions from stake-holders. It also allowed me to publicly anticipate, including at the closing of Second Stage, a series of enhancing amendments to the Bill which were duly outlined in the RIA - I have already introduced several of these amendments in the course of the Bill's ongoing Committee Stage.
I have previously outlined the situation in relation to the introduction of multidisciplinary practices to the Deputy in my detailed Written Reply to Question 441 of 17 December 2013 tabled in her name. As I pointed out on that occasion, the then Fair Trade Commission, in its 'Report of Study into Restrictive Practices in the Legal Profession' published in March of 1990, recommended that there should be the greatest possible freedom allowed to individual solicitors and barristers in offering their services to clients. The Solicitors (Amendment) Act of 1994 took account of this by making respective provision in sections 70 and 71 for the possible establishment of incorporated practices and for the sharing of fees by solicitors with non-solicitor partners arising from either a partnership or an agency agreement in what amounts to a multidisciplinary practice. I am at a loss, therefore, to understand why a Deputy and member of a reform alliance would wish to turn the clock back twenty years in relation to this earlier reform initiative.
The Report of the Competition Authority of December 2006 entitled, 'Competition in Professional Services: Solicitors and Barristers', put forward detailed findings and recommendations in relation to the more competitive and consumer-focussed provision of legal services in the State. Indeed, the Report provides a series of substantial observations that clearly identify and respond to the market concentration of legal services resulting from the delivery of those services within the confines of narrow historical models that could not be adequately responsive to the needs of current markets, business technologies and consumer behaviour. I cannot accept, therefore, the import of the Deputy's Question, again on this occasion, that the interests of consumers and our international competitiveness would be better served by ignoring or reversing the clearly identified need for structural reform. That is to say, by the retention of anti-competitive or restrictive business models in a sheltered legal services sector that would remain immune to the kind of structural reform that, in every other services sector, has proven essential to sustainable economic recovery.
The Deputy will similarly be aware, as detailed in my Written Reply of 17 December 2013, that numerous jurisdictions including England and Wales, Canada and Australia, have introduced new and more customer-focussed legal business models in the intervening period since the Competition Authority's Report of 2006. These "alternative business structures" (ABS) can involve the traditional legal services provided by barristers and/or solicitors or combine them, in what are known as "multidisciplinary practices", with those of accountants, insurance brokers, conveyancers or other service providers to serve clients on a more cost-effective basis. To ignore these changes would leave legal practitioners and the consumers of their services in this jurisdiction at a growing competitive disadvantage and would continue to disregard almost a quarter of a century of recommendations from public bodies going right back to the Fair Trade Commission in 1990. Consequently, in looking to the future, the Legal Services Regulation Bill includes several measures aimed at opening up the provision of legal services in a way that takes account of the emergent legal business models and provides for their effective, independent regulation. I would remind the Deputy that the RIA, in underscoring remaining obstacles to competition and the global transformation of legal services, does in fact address multidisciplinary practices including in terms of their provenance, rationale and recognised advantages for legal practitioners. The precise nature of the provisions enabling alternative business structures, the relevant powers required by the new Legal Services Regulatory Authority and the modalities of operation and management of legal partnerships and multidisciplinary practices are matters I have been actively reviewing and considering in detail with officials of my Department. In so doing, I have been able to take account of the regulated roll-out of new legal business structures in comparable economies and jurisdictions, the relevant reviews of their implementation and the related submissions received. The outcome of these deliberations is reflected in the enhanced provisions for Part 7 of the Bill which I have circulated, with Cabinet approval, for the coming session of Committee Stage.
As I have previously outlined to the Deputy, the proposed alternative business structures include new opportunities for legal practitioners to establish the types of multidisciplinary practices mentioned; for solicitors and barristers to participate in legal partnerships; for legal practitioners working for private or State entities to be allowed to act as advocates in court proceedings for their employers; for practising barristers who share premises and costs as a group to be allowed to advertise themselves as such; for solicitors to employ barristers in a practice and for direct access to barristers in non-contentious matters that do not involve the holding of clients monies. These are precisely the areas of structural reform that would, as stated in paragraph 84(g) of the RIA, remain prohibited were the option of taking "no policy action" to be adopted by the Government. As far as paragraphs 25 and 26 are concerned, the actual contradiction that the RIA highlights, in a very balanced way, is that the willingness of the legal professions to participate on a highly selective basis in global networks or niche ventures merely highlights the policy inconsistencies of those remaining barriers to the more open provision of legal services that remain in place, including in several instances under their professional codes, and run contrary to the interests of consumers and the economy.
146. Deputy Terence Flanagan asked the Minister for Justice and Equality the steps he is taking to improve the efficiency of the family law courts; and if he will make a statement on the matter. [6157/14]
View answerAs the Deputy is aware, the Programme for Government commits the Government to significant reform of the courts, including the establishment of a separate family law court structure that is streamlined, more efficient, and less costly. I initiated a consultation process with interested parties in relation to the establishment of family law courts and in that regard hosted a seminar in July 2013 to discuss how such courts might operate. An eminent judge from the Australian Family Court attended the seminar and shared experiences of their system. The outcome of the seminar will feed into the process of designing the most appropriate model of family law courts for Ireland and this is currently under consideration in my Department, including the question of holding a Constitutional referendum in that regard.
I am pleased that Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 was commenced on 11 January 2014, allowing bona fide representatives of the press to attend family law and child care court proceedings subject to strict conditions. Enabling the media to have access to, and to report on, these cases will provide valuable information to the public, judiciary and the legal profession on the administration of the law by the courts in these important areas.
I also look forward to the enactment, in the coming year, of the Mediation Bill which will promote mediation as a viable, effective and efficient alternative to court proceedings. The aim of the Bill is to increase the use of mediation in civil disputes which will have the effect of reducing legal costs and speeding up the resolution of disputes. The Bill will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative invite parties to consider mediation and suspend the proceedings to facilitate the mediation process. The Bill will also set out in clear terms the role of the mediator in the resolution of a dispute and will provide for the publication of codes of practice for mediators designed to set standards in relation to the practice of mediation.
This measure will further enhance a successful initiative between the Courts Service, the Legal Aid Board and the Family Mediation Service which has been operating in the Dublin District Family Law Courts in Dolphin House since March 2011. The objective is to offer a robust alternative to a court determined outcome and a more appropriate means of resolving certain family disputes through mediation. This project has resulted in a total of 916 agreements finalised without recourse to the courts in Dolphin House up to the end of October 2013. The project was extended to Naas from September 2012 and to Cork with effect from January 2013. There were 16 final agreements reached in Naas in 2013 while 35 agreements were reached in Cork up to the end of October 2013.
147. Deputy Terence Flanagan asked the Minister for Justice and Equality the Garda investigation that is taking place regarding the recent crush outside a night club (details supplied), which resulted in the hospitalisation of one person; and if he will make a statement on the matter. [6159/14]
View answerI am informed by the Garda authorities that the matter referred to by the Deputy is currently the subject of a Garda investigation. The Deputy will appreciate that, as the matter is under investigation, it would not be appropriate for me to comment further at this time.
148. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will introduce mandatory sentencing; and if he will make a statement on the matter. [6161/14]
View answerThe Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. In accordance with this principle, the role of the Oireachtas has been to specify in law a maximum penalty and a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.
There are, of course, a small number of situations where statute has created exceptions to this approach, most notably by providing for mandatory sentences for murder and presumptive minimum sentences in the case of certain firearms and drug trafficking offences. Except for exceptional circumstances, I am of the view that the Oireachtas should be cautious in prescribing mandatory sentences. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.
The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. ISIS is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much welcomed the initiative led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information via the website.
The Deputy is also aware that I established a Penal Policy Review Group to carry out a review incorporating an examination and analysis of all aspects of penal policy including sentencing policies and the group is expected to report within the next few months. In addition, the Law Reform Commission published a report last year on Mandatory Sentencing and the recommendations contained in the report will be fully considered in my Department together with the report of the Penal Policy Review Group when it has been finalised.
149. Deputy Bernard J. Durkan asked the Minister for Defence the total strength of the Army, Naval Service and Air Corps by gender and rank at present; the extent to which the numbers have fluctuated in each of the past five years; and if he will make a statement on the matter. [5974/14]
View answerThe strength of the Permanent Defence Force at the end of December 2013, the latest date for which figures are available stood at 9,236, of which 546 (5.91%) are women. Comparative figures at the end of 2009 show a strength of 9,933 of which 567 (5.7%) were female. The table - to which a link is provided - contains the strength, broken down into Army, Naval Service and Air Corps by gender and rank groupings for each of the years 2009 to 2013. I wish to advise the Deputy that the strength figures for the period 2009 - 2012 include personnel who were on secondment to, and being paid by other organisations, or on career breaks. The 31 December 2013 strength figures have been calculated on the basis of actual numbers serving on that date, excluding those members who are on secondment to, and being paid by other organisations, or on career breaks. All future strength figures will be calculated on this basis.
151. Deputy Bernard J. Durkan asked the Minister for Defence the number of positions in the Defence Forces or ranks approved waiting to be filled or vacant at present; and if he will make a statement on the matter. [5976/14]
View answerI am advised by the Military Authorities that the strength of the Permanent Defence Force, at 31 December 2013, the latest date for which figures are available, was 9,236, comprising 7,434 Army, 779 Air Corps and 1,023 Naval Service personnel. The following table outlines the total vacancies, by rank, based on the agreed stabilised strength for the Permanent Defence Force of 9,500.
Merit based competitions to establish panels to fill outstanding Non Commissioned Officer vacancies were held in 2012. Promotions from these panels within the Permanent Defence Force in order to fill rank vacancies are almost concluded. Promotion competitions for Generals and Officers were held in the last quarter of 2013 with Generals having already been promoted, while a small number of Officer promotions are outstanding. It is planned to hold both Officer and Non Commissioned Officer competitions in 2014 and to run a new General Service recruitment competition commencing in March 2014. All promotions along with targeted recruitment will be carried out within the resource envelope allocated to Defence.
PDF Strength by rank as at 31 December 2013 versus PDF Rank Establishment of 9,500
|
- |
9,500 Rank Establishment |
Strength at 31 December 2013 |
Vacancies by Rank |
|
Lieutenant General |
1 |
1 |
0 |
|
Major General |
2 |
2 |
0 |
|
Brigadier General |
8 |
8 |
0 |
|
Colonel |
41 |
37 |
4* |
|
Lieutenant Colonel |
137 |
135 |
2 |
|
Commandant |
336 |
327 |
9 |
|
Captain |
452 |
368 |
84 |
|
Lieutenant |
256 |
336 |
minus 80 |
|
Sergeant Major |
43 |
43 |
0 |
|
Battalion Quartermaster Sergeant |
44 |
44 |
0 |
|
Company Sergeant |
245 |
227 |
18 |
|
Company Quartermaster Sergeant |
199 |
193 |
6 |
|
Sergeant |
1,330 |
1,193 |
137 |
|
Corporal |
1,800 |
1,646 |
154 |
|
Private (including 73 Cadets) |
4,606 |
4,676 |
minus 70 |
|
Total |
9,500 |
9,236 |
264 |
*Within the establishment figures there is provision for 10 Colonel positions overseas, however, at end of December only 9 of these were filled with no requirement to fill the remaining position. There are an additional 82 personnel on Career Breaks or seconded who are not included in the strengths in the table.
Note: Equivalent Naval Service Ranks
Brigadier General/Commodore
Colonel/Captain
Lieutenant Colonel/Commander
Commandant/Lieutenant Commander
Captain/Lieutenant (NS)
Lieutenant/Sub-Lieutenant Sergeant Mayor/Warrant Officer
Battalion Quartermaster Sergeant/Senior Chief Petty Officer
Company Quartermaster Sergeant/Senior Petty Officer
Company Sergeant/Chief Petty Officer
Sergeant/Petty Officer
Corporal/Leading Seaman
Private/Able Seaman.
152. Deputy Bernard J. Durkan asked the Minister for Defence if he is satisfied that the Naval Service continues to be fully equipped in terms of marine surveillance, rescue and emergency requirements in line with any recommendations from the naval authorities; and if he will make a statement on the matter. [5977/14]
View answerA strategy for the replacement of Naval Service Offshore Patrol Vessels is currently in train. A contract was signed in October 2010, with Babcock Marine in the United Kingdom for the provision of two new offshore Patrol Vessels (OPVs). The first ship to be named LE Samuel Beckett is scheduled for delivery by end March 2014. The second ship to be named LE James Joyce will follow in January 2015. The acquisition of these modern new vessels, combined with a continuous process of refurbishment and repair on the other vessels in the fleet, will ensure that the operational capability of the Naval Service is maintained at a satisfactory level and that the most up to date equipment, including modern technology and IT equipment, is available to Naval Service personnel.
All Naval Service vessels are multi-tasked in the sense that, in addition to their fishery protection role, they also undertake general surveillance, security, pollution monitoring, Search and Rescue and other duties while on patrol. These activities assist in detecting and preventing emergency situations throughout Ireland’s maritime jurisdiction. Regular exercises are undertaken by the Defence Forces, including the Naval Service and Air Corps, with the Principal Response Agencies and other Agencies who have a lead role in emergency management and response. The Naval Service is kitted with all the necessary equipment to partake in emergency response scenarios.
