Written Answers Nos. 184-187
184. Deputy John Browne asked the Minister for Justice and Equality if he will arrange to have all documentation in relation to an asylum application returned in respect of persons (details supplied) in County Wexford. [15612/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to are the subject of transfer orders to the United Kingdom where they had previously made asylum applications. These orders were signed on 14 November, 2013. The persons concerned have since been evading their transfer and are now illegally resident in the State. Should they come to the notice of the Garda authorities they will be liable for arrest and detention. Correspondence has been received from the legal representative of the persons concerned in relation to the return of their documents. This correspondence is being considered by officials in the INIS.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email 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.
185. Deputy Brendan Griffin asked the Minister for Justice and Equality if plagiarism is recognised as both a criminal and a civil offence; and if he will make a statement on the matter. [15628/14]
View answerPlagiarism is the taking of another's work or ideas and passing them off as one's own. It is a matter of particular concern in an educational setting. While plagiarism per se is neither a criminal offence nor a tort, it can infringe upon intellectual property rights. Depending on the circumstances in which material is plagiarized and is used, e.g. where it is sold in contravention of copyright legislation Copyright and Related Rights Act 2000 it can amount to a criminal offence and an actionable tort.
186. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No.149 of 27 March 2014, why the requested information was not in fact furnished (details supplied) and if he will rectify this situation. [15630/14]
View answerThe initial request for information from the Deputy was made by way of Parliamentary Question Number 150 of 30 January 2014. The Deputy's question specifically asked for "the fee rate for each fee type for senior counsel, junior counsel and solicitors ...". The question did not specify that what was requested were fee tables from the payments systems. Following on from the reply to the question, the Deputy was sent lists of the rates payable as provided to my Department by the Office of the Director of Public Prosecutions where the fee rates are set. Criminal Justice (Legal Aid) (Amendment) Regulations 1976 (S. I. No. 234 of 1976) provide for parity between the fees payable to defence counsel and those payable to prosecution counsel.
On 27 March 2014 the Deputy raised Parliamentary Question Number 152 asking for the provision of all fee rate tables from the computer systems that calculate the amount payable to senior counsel, junior counsel and solicitors in the Circuit Court and Central Criminal Court for the period 1996 to 2014 under the Criminal Legal Aid Scheme. By way of reply I advised the Deputy that I was informed by the Financial Shared Services of my Department that its computer system is not programmed in such a way as to produce fee rate tables as requested.
Criminal Justice (Legal Aid) (Amendment) Regulations 1978 (S. I. No. 33 of 1978) provide that fees for solicitors are calculated as a percentage of fees for counsel. The list of rates paid to counsel received in my Department from the Office of the Director of Public Prosecutions is forwarded to the Financial Shared Services to enable them to calculate payments to both counsel and solicitors. This is the format in which information on the fees payable to counsel and solicitors under the Criminal Legal Aid Scheme is maintained in the Department. If the Deputy has further specific queries on this matter I will be happy to consider them.
187. Deputy Clare Daly asked the Minister for Justice and Equality if he will amend the Garda superannuation scheme for 81 former members who have been deprived of their preserved retirement benefits due to the fact that they were dismissed or left the service prior to 1 October 1976, either by introducing legislation to acquire a retrospective pension or equalising the cut-off date with that of preservation of pension benefits for civil servants, which is 1 June 1973, or by any other means. [15631/14]
View answerThe preservation of Garda superannuation benefits was agreed with the Garda Representative Bodies at the Garda Conciliation and Arbitration Council in December 1978. Agreed Report 218 records this agreement and sets an effective date of 1 October, 1976. The Agreed Report did not make provision in respect of members who resigned prior to 1 October, 1976.
There are no proposals to amend the pension regulations in this matter.
