Wednesday, 9 Apr 2014

Written Answers Nos. 127 - 132

Personal Insolvency Act

Questions (127)

Ann Phelan

Question:

127. Deputy Ann Phelan asked the Minister for Justice and Equality based on the information provided by the Insolvency Service of Ireland that only four deals were struck involving mortgage debt in the past three months; the number of deals that have been struck since the establishment of the Personal Insolvency Service; the cost of the deals struck; his views on re-examining the Personal Insolvency Act with a view to amending same to make it more accessible in general as persons are not able to engage the service as they are unable to afford the services of the PIP in most cases; and if he will make a statement on the matter. [16841/14]

Written answers

Minister for Justice and Equality

The numbers of all arrangements at various stages of progress are set out in the Insolvency Service of Ireland's Statistical Report - Q1 2014. This Report is available on the ISI's website, www.isi.gov.ie and will be updated on a quarterly basis.

The Statistical Report highlights that as of 31 March 2014 there were:

- 55 Debt Solution Arrangements approved (44 Debt Relief Notices (DRNs), 7 Debt Settlement Arrangements (DSAs) and 4 Personal Insolvency Arrangements (PIAs).

- 523 cases are now in progress, comprised of 82 DRNs, 121 DSAs and 320 PIAs.

- 70 Protective Certificates have been issued by the Courts. These give protection to debtors against legal action by creditors for a period and allow Personal Insolvency Practitioners (PIPs) 70 days in which to develop an arrangement.

- 66 bankruptcies in the first Quarter of 2014 which is a greater number than the whole of 2013.

It is not possible at this time to provide an analysis of the cost of an arrangement as their life cycles vary and can run from three to seven years. Our personal insolvency legislation is not set in stone. I have repeatedly and consistently said that if the new measures need amendment, then I will introduce whatever changes are necessary to ensure their success. I have responded swiftly where any desirable technical changes have been identified and have already introduced a number of useful amendments during last year.

Both my Department and the ISI will keep the operation of the legislation under review and I think it is important now that everyone gives the new measures some time and space and that we evaluate the efficiency of the changes only after an appropriate interval of time. Fees will be negotiated by the PIP with the debtor in each individual case. I am advised that a number of practitioners have indicated that they will not charge an up-front fee for an initial consultation. Insofar as practitioner fees associated with the development of DSAs and PIAs are concerned, the ISI does not prescribe practitioner fees, these fees will be negotiated with an individual debtor by the PIP in advance of a case proceeding and will be deducted from the amount of money an individual debtor is calculated as having available to pay their creditors during the term of the arrangement.

Data Protection

Questions (128)

Catherine Murphy

Question:

128. Deputy Catherine Murphy asked the Minister for Justice and Equality if he is concerned that the State may be liable for investigation by the European Commission and possible financial penalty arising from an interpretation of Directive 95/46/EC by the Data Protection Commissioner in which advice was issued to an organisation of the State that information obtained unlawfully may be destroyed, and further that permission to lawfully retain information obtained unlawfully may be granted retrospectively; and if he will make a statement on the matter. [16892/14]

Written answers

Minister for Justice and Equality

Directive 96/45/EC has been transposed into national law in the Data Protection Acts 1988 and 2003. While article 258 of the Treaty on the Functioning of the European Union allows the European Commission to commence proceedings before the Court of Justice where a Member State has failed to fulfil an obligation under the Treaties, I am not aware of any concerns on the part of the European Commission regarding application or interpretation of the Directive's provisions in this jurisdiction. In accordance with article 28 of Directive 96/45/ EC, and section 9 together with the Second Schedule of the Data Protection Act 1988, the Data Protection Commissioner is independent in the performance of his or her statutory duties.

Assisted Human Reproduction

Questions (129)

Terence Flanagan

Question:

129. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on anonymous egg and sperm donation; his further views on whether donor conceived children have a right to a relationship during childhood with their natural parents; and if he will make a statement on the matter. [16905/14]

Written answers

Minister for Justice and Equality

My proposals, contained in the General Scheme of a Children and Family Relationships Bill, are that donation of gametes does not confer parentage on the donor. The draft legislation sets out clear rules for the assignment of parentage where children are born through assisted reproduction methods using donor gametes. The broader bioethical questions concerning gamete donation are a matter for the Minister for Health. The Minister for Health is examining proposals to regulate assisted human reproduction and related matters. He will make a decision on these matters in due course in the context of ongoing legislative priorities.

Assisted Human Reproduction

Questions (130)

Terence Flanagan

Question:

130. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on surrogacy (details supplied); and if he will make a statement on the matter. [16908/14]

Written answers

Minister for Justice and Equality

My recently published General Scheme of a Children and Family Relationships Bill makes express provision for the assignment of parentage in cases of surrogacy. The draft legislation will allow commissioning parents to apply for court orders assigning parentage to them, in cases of altruistic surrogacy. A surrogacy arrangement is not enforceable and the consent of the birth mother to the transfer of parentage is essential. The position as set out in my proposals - currently under discussion at the Joint Oireachtas Committee on Justice, Defence and Equality - is that the birth mother will always be considered the mother of the child unless either the child is adopted, or, where a surrogacy agreement is in place before the child's conception, she agrees to the transfer of parentage to the commissioning parents.

Residency Permits

Questions (131)

Bernard Durkan

Question:

131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a letter from a landlord can suffice as evidence of residence during the past five years in the case of a person (details supplied) in County Kildare in respect of an application for a permanent residence card, as the person cannot provide a utility bill as they are in the name of the landlord; and if he will make a statement on the matter. [16929/14]

Written answers

Minister for Justice and Equality

I am informed by officials in the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy was requested, by letter dated 27 March 2014, to supply additional evidence of residence (utility bills) in the State for a continuous period of 5 years in support of an application for a permanent residence card which was made to INIS in February 2014.

It is noted that a written declaration was submitted by the person with whom they reside confirming their residence in the State since 2008, however, additional evidence of residence is required. If the person in question cannot submit utility bills, other evidence of residence may be considered for example, correspondence addressed to the applicant. Officials in EU Treaty Rights Unit, INIS will contact the person referred to by the Deputy to clarify this matter.

Queries in relation to the status of individual immigration cases may be made directly to the INIS 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.

Child Abduction

Questions (132)

Joe Higgins

Question:

132. Deputy Joe Higgins asked the Minister for Justice and Equality further to Parliamentary Question No. 437 of 11 February 2014, if he is concerned that a German court did not accept a court order from this State relating to the child abduction case as should be done in line with the Luxembourg Agreement; and if he will make a statement on the matter. [16931/14]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, it would not be appropriate for me to comment on individual cases that may be or have been the subject of legal proceedings. The procedures for dealing with cases of international parental child abduction involving countries who are party to the Hague Convention on the Civil Aspects of International Child Abduction are set out in the Child Abduction and Enforcement of Custody Orders Act 1991. The Irish Central Authority for International Child Abduction is located in my Department and I understand the Authority is in continuous contact with the parent in question as the matter progresses in another jurisdiction, and will be in touch with them again directly in relation to the matter.