Tuesday, 15 Apr 2014

Written Answers Nos. 481-501

Dublin-Monaghan Bombings

Questions (481)

Finian McGrath

Question:

481. Deputy Finian McGrath asked the Minister for Justice and Equality his views on a matter regarding victims' issues (details supplied); and if he will make a statement on the matter. [17601/14]

Written answers

Minister for Justice and Equality

Many in this House will, like me, recall the horror of the bombings in Dublin and Monaghan in May 1974, 40 years ago next month, to which the Deputy refers in his question. Despite the passage of time, I know that the resulting pain is still being felt by the survivors and their families, and our thoughts are with them.

The House will be aware that the late Mr. Justice Henry Barron carried out a detailed and painstaking inquiry into those awful events of May 1974 and, indeed, other atrocities that took place between 1972 and 1976 in which many innocent people lost their lives.

Over the lifetime of the Remembrance Commission from 2003 to 2008 € 3.87 million in funding was made available to individual victims of the conflict in Northern Ireland resident in this jurisdiction to acknowledge their suffering, to address economic hardship and certain medical expenses. A significant amount of funding was also made available directly to Justice for the Forgotten, a group which supports many of the victims. In the current circumstances it is not possible for my Department to continue to provide funding to Justice for the Forgotten. However, I am informed that the group, which has merged with the Pat Finucane Centre, has made an application for funding to the Reconciliation Fund managed by the Department of Foreign Affairs and Trade which is under currently consideration. I can assure the Deputy that certain ongoing medical needs of the people who sustained injuries in the bombings have been and will continue to be provided for through the Victims of Crime Office of my Department.

It is a matter of regret that those who were responsible for these atrocities have not yet been brought to justice. However, the Garda investigations into these atrocities remain open and any credible new information which is brought to attention will be pursued.

Arising from the report of the Barron Inquiry in 2005 the Garda Commissioner appointed a dedicated liaison officer for the victims of the bombings in Dublin in 1972 and 1976 and in Dublin and Monaghan in 1974. This dedicated liaison service at the National Bureau of Criminal Investigation remains in place to date. The Garda authorities continue to co-operate closely with the PSNI in respect of these and other historical criminal investigations. The Garda authorities also seek to co-operate with the Northern Ireland Police Ombudsman to the greatest extent possible consistent with ensuring that ongoing criminal investigations and the chances of a successful prosecution arising would not be compromised.

Planning Issues

Questions (482)

Jerry Buttimer

Question:

482. Deputy Jerry Buttimer asked the Minister for Justice and Equality if he will consider implementing legislation in relation to the topping and cutting of trees on private property, in particular where such trees are obstructing public footpaths and roads, interfering with rights of access, posing a risk to public safety and-or interfering with the supply of public services such as electricity and telephone connections; and if he will make a statement on the matter. [17674/14]

Written answers

Minister for Justice and Equality

The difficulties experienced by property owners arising from trees and high hedges on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. My Department consulted on the matter with the Law Reform Commission, which had been involved in drafting the 2009 Act, and the Commission took the view that unreasonable interference caused by high trees or hedges was a matter in any particular case for tort law or more generally for planning or environmental law.

In England and Wales, for example, complaints about high hedges are dealt with under Part 8 of the Anti-Social Behaviour Act 2003. This Act makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by evergreen hedges over 2 metres high. Broadly similar legislation, i.e. the High Hedges Act (Northern Ireland) 2011, came into operation in Northern Ireland on 31 March 2012.

The manner in which problems associated with high hedges and trees are resolved in both England and Wales and Northern Ireland demonstrates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort. This is intended to reduce the risk of prolonged and costly litigation, and the risk that court proceedings could leave a legacy of bitterness between neighbours and ill-feeling in the local community. The introduction of such legislation in this jurisdiction would be a matter for the Minister for the Environment, Community and Local Government and his Department.

Under our existing law, a person may be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance. In order for the nuisance to be actionable, the person concerned would have to show that an easement existed, i.e., whether an easement of light or otherwise, and that there had been a substantial interference with that right.

It is my intention to bring forward a Mediation Bill to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes. The legislation, which is currently being drafted, 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.

I should add that under section 70 of the Roads Act 1993, an owner or occupier of land is required to take all reasonable steps to ensure that trees, shrubs and hedges on that land are not a hazard or potential hazard for a person using a public road. The section also provides that where a tree, shrub or hedge is a hazard, or obstructs the safe use of a public road, a road authority may serve notice on the owner or occupier of the land requiring that action such as the felling, cutting or removal of the tree, hedge or shrub be taken within a stated period.

In addition, section 58 of the Communications Regulation Act 2002 provides that a network operator may, after serving notice on the owner or occupier of the land, lop or cut any tree, shrub which obstructs or interferes with any physical infrastructure of the network operator.

Garda Stations

Questions (483)

Niall Collins

Question:

483. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of total Garda numbers by station, sub-district, district, division, and region broken down by Garda rank from 2011, 2012, 2013 and to date in 2014. [17677/14]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have however been informed by the Garda Commissioner that the personnel strength of An Garda Síochána broken down by rank, station, district, division and region on 31 December 2011 to 2013 and on 28 February 2014, the latest date for which figures are readily available, was as set out in the following link. In this context it should be noted that the new intake of recruits will enter the Garda college in July 2014.

Garda nos.

Coroners Service

Questions (484)

Joan Collins

Question:

484. Deputy Joan Collins asked the Minister for Justice and Equality if his attention has been drawn to the fact that post mortem examinations are not carried out in Sligo on weekends; if his attention has been drawn to the fact that if a person dies in Sligo on a Friday and a post mortem is required by law the deceased person is transported to Navan, County Meath for the autopsy; if it has been brought to his attention that the cost of transporting the remains of a person to Navan for an autopsy can be in the region of €800 and that the necessity on occasions to have a garda travel to Navan to be present at the autopsy to identify the remains also puts a strain on Garda resources; if there are any guidelines in place with regard to such matters; if the coroner is responsible for the operation of such post mortem examinations; the Department, agency or authority that provides the funding to cover the cost of the service; and if he will make a statement on the matter. [17724/14]

Written answers

Minister for Justice and Equality

The arrangements made for the carrying out of post-mortems are a matter for the relevant coroner. In this context the Deputy will appreciate that 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 the coronial process in particular cases. The costs associated with the provision of services for coroners are met by local authorities.

Jobseeker's Allowance Payments

Questions (485)

Stephen Donnelly

Question:

485. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if a person is signing onto the live register to receive jobseeker's allowance, if this will impact on their application for Irish citizenship in future; and if he will make a statement on the matter. [17753/14]

Written answers

Minister for Justice and Equality

All applications for a certificate of naturalisation are processed and assessed individually under the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character; has had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to four years; that he or she intends in good faith to continue to reside in the State after naturalisation; and has made a declaration in the prescribed manner of fidelity to the Irish nation and loyalty to the State.

Losing employment, of itself, does not affect a persons eligibility for citizenship. In accordance with the legislation I make decisions on naturalisation applications based on all of the information available to me. Each application is assessed on its own merits and the past employment record of an applicant as well as efforts to gain employment would be taken into consideration as part of that assessment.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.

Judicial Appointments

Questions (486)

Eoghan Murphy

Question:

486. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will provide an update on the consultation process on judicial appointments. [17810/14]

Written answers

Minister for Justice and Equality

Last December I initiated a public consultation process to review the procedures for judicial appointment. This review is considering how best to ensure and protect the principle of judicial independence and includes consideration of issues such as the appointment process, eligibility criteria, the role of the Judicial Appointments Advisory Board and the need to promote equality and diversity. A total of 27 submissions have been received and they are now being considered within my Department. The consultation sought submissions within the current constitutional provisions and any proposal to introduce a new system of appointments which would require statutory amendments would, of course, be a matter for consideration by Government in the first instance.

Irish Jewish Museum

Questions (487)

Michael McGrath

Question:

487. Deputy Michael McGrath asked the Minister for Justice and Equality the involvement he has had with the Irish Jewish Museum; and if he will make a statement on the matter. [17823/14]

Written answers

Minister for Justice and Equality

In a personal capacity I have over the years, on occasion, attended at the museum for some events. I have also discussed with Brian Hayes T.D., in his capacity as Minister for State in the Office of Public Works, matters relating to the Museum.

Registration of Title

Questions (488)

Billy Timmins

Question:

488. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding a land registry dealing (details supplied) in County Wicklow; if same will be expedited; and if he will make a statement on the matter. [17838/14]

Written answers

Minister for Justice and Equality

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Ombudsman for Children Reports

Questions (489)

Mick Wallace

Question:

489. Deputy Mick Wallace asked the Minister for Justice and Equality when he will publish the reports of the Ombudsman for Children into the Health Service Executive conduct, and the report of the Ombudsman under section 42 of the Garda Act 2005 into the Garda conduct, both relating to the Roma children controversy last October; if he will publish these reports before the Easter break; and if he will publish them in their entirety, aside from any redactions necessary to protect the identity of children involved, along with the internal reports of the HSE and the Garda provided to the Ombudsman for Children, Emily O'Reilly, for consideration in the course of her investigation. [17845/14]

Written answers

Minister for Justice and Equality

I take it the Deputy is referring to the inquiry carried out by Ms Emily Logan under Section 42 of the Garda Síochána Act, 2005.

Ms Logan was appointed under that Section of the Act to carry out an inquiry into the circumstances surrounding two children from two different Roma families being taken temporarily into care in October 2013 and to report her findings to me. Ms Logan submitted the Report of her Inquiry to me on 2 April.

On submission of her Report, Ms Logan informed me that she was required to make an application to the District Court for the lifting of the in camera rule with respect to proceedings relating to one of the children concerned, prior to her submission of this Report. She informed me that I am similarly required to make such an application. The matter of the making of this necessary application was brought before the District Court today and this is now proceeding under the direction of that Court.

I have also sought the advice of the Attorney General and she has advised that there are certain other legal matters that must be addressed. Subject to these requisite legal matters being dealt with, I intend to submit the report to Government and publish it.

While it is not the practice to publish internal Garda reports, Ms Logan, in carrying out her Inquiry, had full access to the relevant Garda reports and was also in a position to interview all persons concerned. The Deputy will appreciate that the publication of internal HSE reports is not a matter for me.

Rights of Way Provision

Questions (490)

Thomas P. Broughan

Question:

490. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if following a recent Supreme Court judgment on a dispute regarding historic rights of way at a location (details supplied) in County Sligo; if he will bring forward legislation or a constitutional amendment to strengthen the protection of historic rights of way for the benefit of communities and the amenity lands concerned. [17857/14]

Written answers

Minister for Justice and Equality

As regards improved access to land for heritage and countryside recreation purposes, the position is that primary responsibility for this policy area, and for related legislation, rests with the Minister and the Department of the Environment, Community and Local Government. That Department's web site contains useful information concerning National Rural Development, including the National Countryside Recreation Strategy (www.environ.ie).

In so far as liability issues arising from recreational activities on land are concerned, I should say that the Occupiers' Liability Act 1995, for which my Department is responsible, simplifies and clarifies the law on occupiers' liability. It outlines the duties of care which an occupier of premises has towards different categories of entrant, i.e. visitors, recreational users and trespassers.

Garda Investigations

Questions (491, 492)

Micheál Martin

Question:

491. Deputy Micheál Martin asked the Minister for Justice and Equality if he or his Department has been asked to review the death of a person (details supplied) in County Cork who died outside a nightclub on 26 March 2001; and if he will make a statement on the matter. [17859/14]

Micheál Martin

Question:

492. Deputy Micheál Martin asked the Minister for Justice and Equality if he has been requested to commence a judicial review on the circumstances surrounding the death of a person (details supplied) in County Cork who died outside a nightclub on 26 March 2001. [17860/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 491 and 492 together.

The very tragic case referred to by the Deputy has been the subject of considerable correspondence and representations over many years.

The position is that I, as Minister, do not have a role in the investigation or prosecution of criminal offences and such matters are properly dealt with by An Garda Síochána and the Director of Public Prosecutions respectively. I trust that the Deputy will appreciate that it is simply not open to me to intervene in relation to this or other individual cases.

Nevertheless, to be of assistance and in response to recent representations which I received, I have asked the Garda authorities to let me have any updated information which may be available with respect to the matters which have been raised in relation to this case.

When I receive a report from the Garda authorities I will contact the Deputy directly.

Prison Religious Services

Questions (493)

Eric J. Byrne

Question:

493. Deputy Eric Byrne asked the Minister for Justice and Equality the process whereby the Government issues a policy statement to the effect that all chaplains, that is, those of faith groups, as well as those of secular beliefs, are equally accommodated in all respects in Government Departments where chaplains operate; and if he will make a statement on the matter. [17864/14]

Written answers

Minister for Justice and Equality

Insofar as my responsibilities as Minister for Justice and Equality are concerned, chaplains work within the Prison Service only and my answer is confined to matters that relate to this role within the IPS. I would like to inform the Deputy that Prison Governors are obliged under the Prison Rules to facilitate prisoners in the practice of religious beliefs. Pastoral or chaplaincy services in all prisons are provided by the Roman Catholic Church, with the important proviso that the emotional and pastoral needs of prisoners of all faiths or none are catered for. Prisoners of faiths other than the Roman Catholic Church are ministered to by recognised representatives of their particular faith, including Church of Ireland, Judism, Islam, Buddism, etc.

The IPS is currently engaged in a tender competition to fill a number of vacancies left by Roman Catholic chaplains in various prisons. The Lay Pastors recruited may already have a vocational role in an established religion or be members of the Laity with the appropriate educational and experience qualifications. The minimum educational qualification is a Diploma in Pastoral Studies and a third level qualification in theological studies is desirable. Candidates must have prior experience of community work with marginalised groups.

While working as part of a multi-disciplinary team, Lay Pastors will be required to cater to the needs of all faiths or none and have the theological knowledge to facilitate the religious observations of various faiths, or source appropriate ministry for prisoners, irrespective of the religious beliefs of the Lay Pastor.

Garda Career Breaks

Questions (494)

Seán Fleming

Question:

494. Deputy Sean Fleming asked the Minister for Justice and Equality the number of gardaí who have applied for the incentivised career break under the scheme available in An Garda Síochána in view of the fact that the closing date is 31 May 2014; the numbers that are expected to apply for this scheme; the arrangements in place from 1 June to ensure there are adequate Garda resources in place; when new recruits will be available to fill the positions that will be vacant as a result of the incentivised career break from 31 May 2014; and if he will make a statement on the matter. [17945/14]

Written answers

Minister for Justice and Equality

I have been informed by the Garda Commissioner that up to close of business on 11 April 2014 there have been 49 applications for the scheme. It is not possible to predict how many applications there will be prior to the closing date on the 31 May, 2014.

The operation of the incentivised career break scheme is subject to the operating requirements of An Garda Síochána not being significantly adversely affected and I am informed that applications will be considered in that context.

Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the general public. Where a deficiency in a particular resource is identified the matter is considered fully and addressed accordingly.

It is expected that the new recruits will enter the Garda college in July 2014, when they will embark on a progressive new training course. The new course has been developed which will reflect the current policing environment and will better prepare Garda members for the reality of frontline policing. It will also allow for the attestation of members after 32 weeks, at which time they will be assigned to Garda stations with full policing powers for a further 72 weeks of on the job experiential learning. On conclusion of the two years training, the Garda member will be awarded a BA in Applied Policing.

Garda Investigations

Questions (495)

Clare Daly

Question:

495. Deputy Clare Daly asked the Minister for Justice and Equality if there will be a criminal investigation into the unauthorised payments of €37,000 to the CEO of Fingal Home Care in 2011 and other undocumented and unapproved payments to that person; and if he will make a statement on the matter. [17964/14]

Written answers

Minister for Justice and Equality

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

Legal Services Regulation

Questions (496)

Thomas P. Broughan

Question:

496. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if his Department is examining methods of having stronger regulation, including by promoting transparency, in the area of the fees charged by barristers and solicitors; if he will address circumstances where legal costs are deducted from awards made by courts or tribunals to clients in such a manner as to dissipate a large portion of the original award and thereby almost entirely negate the value of the judicial remedy awarded to the clients. [17967/14]

Written answers

Minister for Justice and Equality

The Legal Services Regulation Bill 2011, which has completed Committee Stage in the Dáil and which I expect to commence Report Stage in June, 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". As well as having been a sectoral objective under the EU/IMF/ECB Troika Programme, the Bill is also an objective of the Action Plan for Jobs, the Medium Term Economic Strategy 2014-2020 and the National Reform Plan. The Bill is, therefore, a key component of the Government's strategy to bring greater transparency to legal costs and to reduce their burden on consumers and enterprise.

The Bill makes extensive provision, in Part 10, for a new and enhanced legal costs regime that will bring greater transparency to how legal costs are charged by legal practitioners, along with a better balance between the interests of legal practitioners and those of their clients. Legal practitioners, whether solicitors or barristers, will be obliged to provide more detailed information about legal costs from the outset of their dealings with clients. This will be in the form of a Notice written in clear language which must be provided when a legal practitioner takes instructions. Among other things, the Notice must, as set out in section 117 of the Bill, disclose the costs that are involved, or, where this is not reasonably practicable, the basis upon which such costs are to be calculated. A cooling-off period is to be allowed for the consideration of costs by the client. When there are any significant developments in a case which give rise to further costs, the Bill provides that a client must be duly updated and given the option of whether or not to proceed with the case in question. In addition, the Bill sets out that it will not be permissible for legal practitioners to set fees as a specified percentage or proportion of damages payable to a client from contentious business and that it will no longer be permissible for barristers to charge junior counsel fees as a specified percentage or proportion of Senior Counsel fees.

Section 116 of the Bill provides that "a legal practitioner shall not, without the prior written agreement of his or her client, deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client". This mirrors a similar provision found in section 68 of the Solicitors (Amendment) Act 1994 which relates to contentious matters. It is my understanding that the Law Society's Guide to Good Professional Conduct for Solicitors (3rd Ed., 2013) also provides important guidance to solicitors in relation to monies received on behalf of a client.

An aggrieved client also has the option of applying for the taxation of disputed legal costs by the Office of the Taxing-Master. Under the Legal Services Regulation Bill the current functions of the Taxing-Master will be taken over by the new Office of the Legal Costs Adjudicator. The Bill sets out, for the first time in legislation, a series of Legal Costs Principles. These are contained in Schedule One and enumerate the various matters that may be taken into account in the adjudication of disputed legal costs. The Bill also provides for the establishment of a public Register of Determinations which will disclose the outcomes and reasons for decisions made by the Legal Costs Adjudicator.

The various new legal cost transparency measures that I have set out will apply to barristers as well as to solicitors and will enable those availing of legal services to identify costs and their basis more clearly, including by way of comparison with other possible legal service providers and in relation to any potential award. I would expect that, along with those other cost-cutting measures being introduced by the Government, the new legal costs regime will help reduce such costs and their impact on clients including where awards may be made under the independent jurisdiction of the courts.

Human Trafficking

Questions (497)

Thomas Pringle

Question:

497. Deputy Thomas Pringle asked the Minister for Justice and Equality further to Parliamentary Question No. 455 of 8 April 2014, his views on the State's implementation of these legal obligations in such circumstances; and if he will make a statement on the matter. [17975/14]

Written answers

Minister for Justice and Equality

The Criminal Law (Human Trafficking) Act 2008 created the offence of human trafficking for labour exploitation, including forced labour. The Criminal Law (Human Trafficking) (Amendment) Act 2013 which came into effect in August 2013, expanded the definition of exploitation to include forcing a person to engage in illegal activities for financial gain. The phenomenon of persons who have been found engaging in illegal activities asserting that they are victims of human trafficking is one that is recognised both domestically and internationally. Where such an assertion is made, or for any other reason a suspicion arises, that such a person may be a victim of human trafficking a full investigation into the potential crime of human trafficking should be carried out in addition to any investigation of the crimes related to the illegal activities. Investigations of this nature can be extremely complex, comprising, as they may do, of the investigation of potentially two separate crimes; where the perpetrator of one crime may be the victim of another.

This year, and for the past few years, An Garda Síochána, in its Annual Policing Plan, has identified trafficking in human beings as one of its priorities with an increased focus given to prevention and detection of human trafficking. Any suspicion of human trafficking that is reported to An Garda Síochána is the subject of a comprehensive investigation. There are in place extremely comprehensive arrangements for the training of An Garda Síochána to deal with all issues relating to human trafficking, including situations such as this.

An Garda Síochána actively and vigorously investigates human trafficking for labour exploitation offences, fulfilling an obligation placed on it to do so. In this regard, An Garda Síochána continues to work closely with organisations such as the Migrant Rights Centre of Ireland (MRCI) who provide their expertise and assistance, arising from their role in supporting victims of human trafficking. An Garda Síochána fulfils its role regarding the investigation of offences, gathering all the evidence which is available. Having done so, including in cases where human trafficking for labour exploitation is suspected, a file is sent to the Director of Public Prosecutions (DPP) for directions as to whether charges should be preferred or not.

The Director of Public Prosecutions is independent in the exercise of her functions. Chapter 4 of the DPP’s Guidelines for Prosecutors specifically refers to victims of human trafficking, at Section 4.7, where it states: “In a case in which there is credible information that a suspect is also a crime victim, the prosecutor should consider whether the public interest is served by a prosecution of the suspect". The Guidelines state that a prosecution should be initiated or continued, subject to the available evidence disclosing a prima facie case, if it is in the public interest, and not otherwise. There are many factors which may have to be considered in deciding whether a prosecution is in the public interest. One of those factors that could be considered is whether or not an offence was committed as a direct result of a person being trafficked and the Director of Public Prosecutions may, if she considers it is in the public interest, choose not to prosecute them for offences they have committed as a result of them being trafficked.

Visa Applications

Questions (498)

James Bannon

Question:

498. Deputy James Bannon asked the Minister for Justice and Equality the procedure to be followed in order to obtain Irish visas for the children of an Irish citizen (details supplied) in County Westmeath who are anxious to comply with all necessary regulations; and if he will make a statement on the matter. [17981/14]

Written answers

Minister for Justice and Equality

The Policy Document on Non-EEA Family Reunification, which I published on 31 December 2013, is a comprehensive statement of Irish national immigration policy in the area of family reunification. It is available on the website of the Irish Naturalisation and Immigration Service of my Department at www.inis.gov.ie.

It is open to a visa required national to make a visa application, for any purpose, the onus resting with the applicant to satisfy the visa officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be included where a visa application is submitted. Comprehensive information on the visa application process is available on the INIS website. It should be borne in mind, however, that the information contained on the website is intended in the nature of guidance only. It does not limit the discretion of the visa officer in dealing with individual applications.

I am advised by INIS that visa applications in respect of the children referred to by the Deputy were submitted at the end of July, 2013. These applications were refused last August and an appeal against the refusals was upheld last October. Detailed refusal reasons were communicated to the applicants/sponsor. It is open at any time to the applicants to make fresh visa applications. However, in so doing they would be advised to address the original refusal reasons and the requirements of the Policy Document referred to above.

Queries in relation to general immigration matters may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.

Question No. 499 answered with Question No. 464.

Question No. 500 answered with Question No. 462.

Visa Applications

Questions (501)

Noel Harrington

Question:

501. Deputy Noel Harrington asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 439 and 464 of 8 April 2014 that he is stating that there is no statutory instrument, guidelines, rules, or written instructions that the deciding officer must operate under in requesting personal information from the applicant and or host in assessing applicants for visitor visas; his views that he should introduce a statutory instrument or at least written guidelines in the interests of good governance; and if he will make a statement on the matter. [18071/14]

Written answers

Minister for Justice and Equality

While it is the case that there is no separate statutory instrument setting out the visa decision-making process, I can assure the Deputy that visa officers assess visa applications having regard to detailed administrative guidelines.

Key elements of those guidelines are available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie). For example, the list of documentation normally required in support of each visa type is set out with, of course, the rider that there is no one set of documents that will guarantee the approval of an application. The key issues that the visa officer will assess are also set out and include, for example, whether the applicant, or the applicant's sponsor (where relevant) has sufficient money to support and accommodate the applicant without recourse to public funds or resources. It is made clear that the burden of proof is at all times on the applicant.

A visa officer may, when examining an application accompanied by insufficient documentation, request such personal information from an applicant and /or host as would allow the officer to make a fully informed decision on the application. This procedure is to the benefit of the applicant as their application would otherwise be refused. As previously advised, applicants are forewarned of the possibility of further information being requested by the wording of the declaration that they sign as part of the application process.

Any documentation provided for the purposes of a visa application is treated in complete confidence and is subject to the provisions and safeguards of the Data Protection Acts.