Written Answers Nos. 126 - 131
126. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government his plans to address bond arrangements entered into by developers in order that they are sufficient to ensure the satisfactory completion of estates within reasonable timeframes and their subsequent taking in charge by local authorities and Irish Water; and if he will make a statement on the matter. [18215/14]
View answerMy Department provided comprehensive updated guidance to local authorities in relation to the operation of development bonds and securities on new developments as recently as June 2013. This guidance – which can be found on my Department’s website http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,34916,en.pdf - provided advice on updated practice on:
- the types of securities to be applied in respect of new development;
- the requirements for adequate securities to be put in place to ensure the satisfactory completion of all relevant infrastructure associated with a development so that it can be handed over to a local authority or management company on completion;
- the default events such as non-compliance with the conditions of a planning permission, or the bankruptcy or liquidation of a developer, to trigger the calling in of the security;
- the arrangements regarding the use of securities in phased developments;
- the assessment by planning authorities of security mechanisms proposed by developers and the standardised wording that might be used by planning authorities in the drawing up of such bond securities;
- the approaches to be used in the computation of bonds having regard to the various sizes of developments and the infrastructural requirements therein; and
- the release of bonds on the satisfactory completion of a development.
The application of this guidance is essentially an enforcement matter for planning authorities but I propose to further examine how the arrangements regarding bonds and securities might be better operated in practice to ensure the more streamlined completion and taking in charge of developments.
128. Deputy Clare Daly asked the Minister for Justice and Equality if he will ensure that the Pensions Order 1925 is exhausted before any decision is made in relation to a special injury on duty pension. [18105/14]
View answerAny application from a member of the Garda Síochána for a special ill health pension resulting from an injury on duty will be processed in accordance with the Garda Siochana Pension Orders. If the Deputy wishes to make representations about a specific case I will look into the matter.
129. Deputy Robert Troy asked the Minister for Justice and Equality the help and assistance available to a person who bought a house off plans and when they sought to sell the house there was no property title on it and now they must go through the process of first registration. [18106/14]
View answerI can inform the Deputy that there are two separate systems for recording property transactions in Ireland:
- the system of title registration in the Land Registry, and
- the system for recording deeds concerning land in the Registry of Deeds.
Following the enactment of the Registration of Deeds and Title Act 2006, both systems are under the management and control of the Property Registration Authority. Registration in the Land Registry is governed by the Registration of Deeds and Title Acts 1964 and 2006 and the Land Registration Rules 2012. The Registry of Deeds operates under the provisions of part 3 of the Registration of Deeds and Title Act 2006 and the Registration of Deeds Rules 2008. Applicants for registration must provide documentary evidence on which their claim to title is based.
In applications for first registration of title, the Authority examines and approves the title for registration. Once registered in the Land Registry, the title carries a State guarantee. In view of the quasi-judicial nature of the functions of the Property Registration Authority in approving the title presented, the Authority is precluded from advising or assisting applicants in the preparation of applications for registration. As these matters can be legally complex, it is generally in the applicant’s best interests to consider consulting a solicitor who would advise on the matter.
130. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide an update on investigations taking place into the case of a person (details supplied); and if he will make a statement on the matter. [18121/14]
View answerI am informed by Garda authorities that the person in question was reported missing to the Spanish Police in January 2008 and that their disappearance is being investigated by the Guardia Civil in Spain. I am assured that An Garda Síochána continue to liaise with the Spanish authorities and provide whatever assistance is required to progress the investigation in that jurisdiction. I am conscious of the continuing distress of the family concerned and am further assured that An Garda Síochána, in conjunction with the relevant authorities, will continue to assist the family in these difficult circumstances.
131. Deputy Eric Byrne asked the Minister for Justice and Equality the options the Garda Reserve and full-time Garda recruits training in Templemore have in swearing allegiance to the State; if they may affirm; if they must use the Bible; the position in relation to non-Christian and non-religious members of the force; and if he will make a statement on the matter. [18122/14]
View answerSection 16(1) of the Garda Síochána Act 2005 provides for the making of a sworn declaration by each member of An Garda Síochána. Section 16(2) provides that the words "before God" may be omitted from the declaration at the request of the declarant and in such a case the Bible is not used (it is understood that a copy of the Irish Constitution is used in such a case). Section 16 is quoted for ease of reference.
"(1) On being appointed, each member of the Garda Síochána shall make before a Peace Commissioner a declaration in the following form:
“I hereby solemnly and sincerely declare before God that -
- I will faithfully discharge the duties of a member of the Garda Síochána with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws and according equal respect to all people,
- while I continue to be a member, I will to the best of my skill and knowledge discharge all my duties according to law, and
- I do not belong to, and will not while I remain a member form, belong to or subscribe to, any political party or secret society whatsoever.”.
(2) The words “before God” may be omitted from the declaration at the request of the declarant."
