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Tuesday, 11 Feb 2014

Written Answers Nos. 449-466

Garda Operations

Questions (449)

Seán Kenny

Question:

449. Deputy Seán Kenny asked the Minister for Justice and Equality the number of vehicles seized by An Garda Síochána in each Garda district in the Dublin region in 2013; the number of these vehicles that were either sold or disposed of in each district; and if he will make a statement on the matter. [6531/14]

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Written answers

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Garda Operations

Questions (450)

Eoghan Murphy

Question:

450. Deputy Eoghan Murphy asked the Minister for Justice and Equality the timeframe gardaí are required to hold information on a person detained and arrested by them even where the arrest does not lead to a conviction or successful prosecution. [6548/14]

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Written answers

I have requested a report from the Garda authorities in relation to the information sought by the Deputy and I will contact him directly when the report is to hand.

Legislative Measures

Questions (451)

Eoghan Murphy

Question:

451. Deputy Eoghan Murphy asked the Minister for Justice and Equality if it is his intention to introduce into law the crime of not coming to the assistance of a person in danger, provided that such assistance would not endanger the person assisting and that the person is in a position to provide such assistance, as exists in other jurisdictions; and if not, the reason for same. [6555/14]

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Written answers

There are no plans to introduce legislation in this regard.

Road Traffic Offences

Questions (452)

Thomas P. Broughan

Question:

452. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 1086 of 18 September 2013, if there have been any prosecutions of persons appearing in court charged with road traffic offences for failure to produce driving licences to the court due to this being a specific offence under section 22 of the Road Traffic Act, as amended by the Road Traffic Act 2004, and section 63 of the Road Traffic Act 2010. [6564/14]

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Written answers

I have requested a report from the Garda authorities and the Courts Service and I will contact the Deputy directly when all of the relevant information is to hand.

Departmental Advertising Expenditure

Questions (453)

Damien English

Question:

453. Deputy Damien English asked the Minister for Justice and Equality the total amount of spend on advertising by his Department and each agency under his aegis in 2013; if he will provide a breakdown on the amount spent on each of TV, radio, print, outdoor, Internet and social media platform advertising; the amount spent on advertising agencies; if he will provide the information in tabular readable form; and if he will make a statement on the matter. [6586/14]

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Written answers

I wish to inform the Deputy that my Department does not, as a matter of policy, incur advertising expenditure. However, expenditure does arise from time to time on public information notices such as, for example relevant campaigns related to raising awareness on human trafficking, the dangers of fireworks, illegal drug dealing or the bringing into force of new legislation and other statutory notices. In regard to the Deputy's question please find the information requested in the table:

Medium

Amount (€)

TV

188,395

Print

85,713

Radio

141,705

Outdoor

80,461

Internet/Social Media

81,944

TOTAL

578,218

The Deputy should note that the above table does not include expenditure by statutorily independent agencies under the remit of my Department as I am not responsible to the Dáil for operational matters concerning such bodies.

The Deputy should also note that it is not possible to provide a comprehensive breakdown of payments to advertising agencies as some costs, such as the Public Information Notice on the dangers of fireworks for example, was placed on behalf of my Department by an advertising agency which has a Government contract for such business. I can however inform the Deputy that the total amount paid to advertising agencies outside of the remit of the Government contract was €30,292.

Social Media Monitoring

Questions (454)

Damien English

Question:

454. Deputy Damien English asked the Minister for Justice and Equality if his Department currently engages in real-time reporting of online conversations on issues relating to his Department; and if he will make a statement on the matter. [6602/14]

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Written answers

The Department of Justice and Equality Press Office monitors on an ongoing basis media reportage concerning the work of the Department. Such reports typically appear in broadcast, print and online media. In this context, the Department informally notes public commentary that may arise as a consequence of such coverage.

Garda Transport Expenditure

Questions (455)

Patrick O'Donovan

Question:

455. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if he will provide details, since 2007, of the number of collisions involving Garda vehicles, where the cause was attributed to another vehicle and driver and where the Garda vehicle was withdrawn from service; the numbers of these incidents which were pursued by the State Claims Agency with a view to recouping the cost of replacing the Garda vehicle from the insurer of the other party in the collision. [6628/14]

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Written answers

The Garda Commissioner is responsible for the operation of Garda transport.

In that context I am advised by the Garda authorities that, while it is not possible to provide the specific information sought by the Deputy, the table below shows the number of incidents of damage to Garda vehicles for the years 2007 to 2013 and the number of cases where recoveries were made by the State Claims Agency (SCA) on behalf of An Garda Síochána where a third party was deemed liable.

With regard to the figures provided, the Deputy will appreciate that timing differences arise in relation to when cases are finalised by the SCA and when the original incidents occur.

In addition it is possible that some vehicles may have been involved in more than one incident in the same year.

Year

Number of

Incidents involving

Garda vehicles

No. of cases

where recoveries

were finalised by the SCA

Amount recovered

by the SCA

- €

2013

598

28

87,408

2012

639

26

47,643

2011

667

54

167,173

2010

578

63

128,641

2009

655

45

212,939

2008

590

58

151,478

2007

550

65

183,473

Departmental Properties

Questions (456)

Jack Wall

Question:

456. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding a property (details supplied) in County Kildare; his plans regarding same; if there has been any private interest in the purchase of the property; if so the result of same; and if he will make a statement on the matter. [6668/14]

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Written answers

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had inquiries made and have been informed that ownership of Kildare Town courthouse was never vested in the Courts Service and court sittings in the courthouse ceased in September 2010. The courthouse remained in the ownership of Kildare County Council and a decision regarding the use of the property is not, therefore, a matter for the Courts Service.

Direct Provision System

Questions (457)

Thomas Pringle

Question:

457. Deputy Thomas Pringle asked the Minister for Justice and Equality further to Parliamentary Question No. 487 of 12 February 2013, if he will provide details in tabular form of the number of persons currently living in direct provision by year they entered direct provision; and if he will make a statement on the matter. [6683/14]

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Written answers

I would refer the Deputy to my response to his Parliamentary Question No. 535 of 4 February 2014.

As I said in that reply, the Reception and Integration Agency of my Department, which manages the direct provision system, has extensive statistical information available on its website - www.ria.gov.ie. The information requested here is available on a monthly basis - the latest figures available on-line are for end December 2013. This shows the number of persons living in each of the accommodation centres under contract to RIA and the overall length of time by year spent by persons living in the system.

Legislative Measures

Questions (458, 464)

Tony McLoughlin

Question:

458. Deputy Tony McLoughlin asked the Minister for Justice and Equality his plans to introduce a Bill which will consider changes in firearms licensing which may have an impact on gun clubs and their members; if he will consider receiving a broad range of submissions from the aforementioned clubs before the Bill is introduced; and if he will make a statement on the matter. [6692/14]

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Pat Deering

Question:

464. Deputy Pat Deering asked the Minister for Justice and Equality his plans to introduce legislation to ban or restrict some or all handguns which are currently licensed and unrestricted. [6776/14]

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Written answers

I propose to take Questions Nos. 458 and 464 together.

My Department is currently examining key issues relating to firearms licensing in conjunction with An Garda Síochána. I expect to receive recommendations as a result of this process in due course. No decisions will be made in advance of consideration of these recommendations. However, the issue of public safety will be paramount in such consideration.

Opportunities for consultation with relevant stakeholders will be explored when work on the proposals is further advanced.

Liquor Licensing Laws

Questions (459)

Pearse Doherty

Question:

459. Deputy Pearse Doherty asked the Minister for Justice and Equality the way a person may seek a change from a six-day licence for a public house to a seven-day licence and if any changes to legislation in this field are planned. [6727/14]

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Written answers

The position is that section 19 of the Intoxicating Liquor Act 2000 made provision for the upgrading of restricted licences, including six-day licences, under certain conditions, including a specific condition that applications to the Revenue Commissioners for such upgrading be made within one year of the entry into force of the Act. Notwithstanding the upgrading scheme, I understand that a small number of restricted licences remain in existence and I intend to provide a further opportunity to upgrade these remaining licences in the forthcoming Sale of Alcohol Bill.

Residency Permits

Questions (460)

Bernard Durkan

Question:

460. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of representations under section 3 of the Immigration Act 1999 in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [6729/14]

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Written answers

The person concerned entered the State on 27th December, 2007 and was granted permission to remain until 7th February, 2012, on immigration Stamp 2 (student) conditions. The person concerned was granted further permission to remain, again on student conditions, for a period of six weeks, ending 9th September, 2013, in order to finalise his affairs in the State and to leave the State by that latter date.

The person concerned has remained in the State, without permission, beyond the stipulated date. Consequently, in accordance with the provisions of Section 3 of the Immigration Act 1999, the person concerned was notified, by letter dated 9th October, 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 he should not have a Deportation Order 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.

Garda Oversight

Questions (461)

Clare Daly

Question:

461. Deputy Clare Daly asked the Minister for Justice and Equality if he has read the Frontline Defenders report Breakdown in Trust published in 2010; if he has read the report of the UN Special Rapporteur on Human Rights Defenders on their visit to Ireland, published March 2013; the reason he has not taken into account the recommendations in both reports calling for the repeal of section 106 of the GSA Act 2005; and if he will finally and immediately repeal section 106 by which the independence of GSOC is compromised. [6731/14]

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Written answers

I am fully aware of the reports to which the Deputy refers.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of the Garda Síochána. The main function of the Ombudsman Commission is to receive complaints made by members of the public concerning the conduct of members of the Garda Síochána.

Section 106 provides that, for the purpose of preventing complaints arising in relation to a practice, policy or procedure of the Garda Síochána or of reducing the number of such complaints, the Minister may request the Garda Ombudsman Commission to examine the practice, policy or procedure. This request may be made on the Minister's own initiative or following a recommendation by the Garda Ombudsman Commission.

I am currently reviewing section 106 as part of a wider consideration of provisions relating to the Ombudsman Commission.

Migrant Integration

Questions (462, 465)

Jonathan O'Brien

Question:

462. Deputy Jonathan O'Brien asked the Minister for Justice and Equality his views on whether the document Migration Nation is outdated; if his attention has been drawn to the fact that a national integration plan does not exist; and his views on the potential to develop one. [6741/14]

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Alan Farrell

Question:

465. Deputy Alan Farrell asked the Minister for Justice and Equality his views regarding plans for or progress on the production of a national integration strategy; and if he will make a statement on the matter. [6800/14]

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Written answers

I propose to take Questions Nos. 462 and 465 together.

The Programme for Government contains a commitment to promote policies which integrate minority ethnic groups in Ireland, and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities. A significant level of activity is taking place in pursuit of this commitment.

A number of key Departments and agencies have developed specific strategies to ensure that their services respond to Ireland’s changed demographic in an interculturally sensitive and inclusive manner. The strategies developed include: an Intercultural Health Strategy; an Intercultural Education Strategy; a Cultural and Arts Policy and Strategy; the Garda Síochána Diversity Strategy; and an Action Strategy for Integrated Workplaces. Many local authorities too have developed action plans, often with the assistance of funding provided by the Office for the Promotion of Migrant Integration.

The Office for the Promotion of Migrant Integration, an Office operating under the ambit of my own Department, has a cross-Departmental mandate to develop, lead and co-ordinate migrant integration policy across other Government Departments, agencies and services. The Office is currently preparing proposals with a view to updating and strengthening policies in this field as part of an overall integration strategy geared to present conditions. I will be consulting Government colleagues in the matter in the near future with a view to initiating that process.

Unfinished Housing Developments

Questions (463)

Pat Deering

Question:

463. Deputy Pat Deering asked the Minister for Justice and Equality the implications, legally, financially and insurance-wise, for the directors of a management company set up to manage the common areas of a multi-unit residential complex. [6767/14]

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Written answers

The primary purpose of the Multi-Unit Developments Act 2011 is to reform the law relating to the ownership and management of common areas of multi-unit developments and to facilitate the fair, efficient and effective management of owners' management companies (OMCs) which are the bodies established for the management of such areas.

The general duties and liabilities of directors of companies, including those of OMCs, are set out in the Companies Acts. The Office of the Director of Company Enforcement (ODCE) has published the 'Company Law Handbook on Residential Property Owners' Management Companies' which contains valuable information and practical guidance for directors of OMCs and includes chapters on specific company law topics, including the responsibilities of directors. In addition, the ODCE has published 'A Property Owner's Guide to Company Law' which is aimed at the owners and residents of apartments in multi-unit developments and explains how company law is relevant to them. Both publications are available on the ODCE's website: www.odce.ie.

Question No. 464 answered with Question No. 458.
Question No. 465 answered with Question No. 462.

Charities Regulation

Questions (466)

Seán Fleming

Question:

466. Deputy Sean Fleming asked the Minister for Justice and Equality the measures he will take to assist charities which will lose funding over the next two years owing to the discontinuation of the charitable lotteries fund to be able to continue to maintain their current level of services; and if he will make a statement on the matter. [6802/14]

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Written answers

The decision was taken in 2012, because of the urgent need to make savings in Government expenditure, that the Charitable Lotteries Scheme could no longer be sustained. Beneficiaries were advised in October 2012 that it would be phased out on a gradual basis over a 3 year period, with the first reduction taking effect in late 2013. This is in order to give affected organisations as much time as possible to adjust to the change and to consider how they may increase the funding they receive through other fundraising projects.

With respect to charitable lotteries, provision for an increase in the prize fund limits applicable to such lotteries is included in the National Lottery Act 2013 which is the responsibility of the Minister for Public Expenditure and Reform. It is the intention of the Minister for Public Expenditure and Reform to commence this provision shortly. This will update the total prize fund limit for lotteries held under section 27 of the 1956 Gaming and Lotteries Act from £3,000, where it has stood since 1987, to €5,000. For lotteries held under section 28 of the 1956 Act, the limit will increase from €20,000 (set in 2002) to €30,000.

Separately, in July 2013, the Government approved the General Scheme of a Gambling Control Bill, which will update our laws on gambling, and will involve the repeal of the Gaming and Lotteries Act 1956. This legislation will cover lotteries, but will exclude the National Lottery. The General Scheme, which is available on my Department's website, sets out the proposed increases in prize fund limits for lotteries that fall within the remit of this proposed legislation.

The General Scheme has been referred to the Attorney General's Office for formal legal drafting. It is anticipated that this will be a lengthy process, given the complexities of the issues involved.

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