Tuesday, 1 Jul 2014

Written Answers Nos. 381-400

Prisoner Transfers

Questions (381)

Clare Daly

Question:

381. Deputy Clare Daly asked the Minister for Justice and Equality the conditions and criteria for transferring a prisoner from a closed prison to an open facility. [27890/14]

Written answers

Minister for Justice and Equality

I can advise the Deputy that prisoners being considered by the Irish Prison Service for a transfer from a closed prison to an Open Centre are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, their family or their legal representative can also apply for consideration of such a concession. Recommendations are also made to me in relation to long term sentenced prisoners by the Parole Board. It is important to note that it does not necessarily follow that a prisoner will receive a transfer to an Open Centre even if the recommendation is to that effect. The criteria considered for the transfer of prisoners from closed prisons to open centres include: the safety of the public (specifically flight risk in the case of open centres); compassionate and humane considerations (including facilitating family visits); nature and gravity of the offence; length of sentence served to date; length of sentence left to serve; prior record on temporary release; behaviour in prison; previous criminal history; family support; addiction issues/history; prisoner's home address. Prisoners serving short sentences, i.e. under 12 months, can be moved to an open centre shortly after committal. Other longer term prisoners being prepared for the transition back into the community can be considered for moves with about 2 years left in their sentence. Exceptional prisoners who are engaging strongly with the therapeutic services can sometimes be considered for a transfer with up to 4 years left to serve in their sentence.

All decision making staff and prison governors are aware of the need to take appropriate account of all the criteria to be applied to decision making in a balanced and considered manner.

Garda Career Breaks

Questions (382)

Clare Daly

Question:

382. Deputy Clare Daly asked the Minister for Justice and Equality the reason applications for incentivised career breaks in An Garda Síochána as per the Haddington Road agreement are being refused to applicants who meet the criteria. [27892/14]

Written answers

Minister for Justice and Equality

I have been informed by the Garda Commissioner that all members were invited to make an application for the incentivised career break. In the invitation, the Commissioner pointed out that Divisional and District Officers may make recommendations to grant or refuse a career break. While Divisional and District Officers are asked to facilitate applications for career breaks as far as possible, the operational requirements of the service may require that some applications will have to be refused.

The operation of the incentivised career break scheme is subject to the operating requirements of An Garda Síochána not being significantly adversely affected.

Naturalisation Applications

Questions (383)

Seán Crowe

Question:

383. Deputy Seán Crowe asked the Minister for Justice and Equality the number of outstanding cases there are; the number of persons that have paid the certification fee for naturalisation but have not received their citizenship; and the average waiting time for citizenship once the certification fee has been paid. [27910/14]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, as well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. All applications are processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and are submitted for to me decision as expeditiously as possible. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time.

Once the certification fee and requested documentation has been received the applicant is scheduled for the next available ceremony. Invitations are generally issued four weeks prior to each ceremony day, which are currently being held every 2-3 months. As of 27 June 2014, 4,200 candidates had paid the certification fee for naturalisation of whom 4,000 were invited to attend the upcoming citizenship ceremonies on the 4th July. Certification fees and documents continue to be received on a daily basis and scheduling has commenced for the next ceremony day.

I am advised that there are approximately 8,400 applications on hand currently pending decision. As outlined above, with ceremonies for around 4,000 scheduled every 2/3 months, the overall targets set for processing of cases has been met.

Where the allocated ceremony date does not suit the candidate, they may inform the ceremonies unit of this and they will be invited to the next available citizenship ceremony.

Firearms Licences

Questions (384)

Colm Keaveney

Question:

384. Deputy Colm Keaveney asked the Minister for Justice and Equality the number of gun licence applications processed by An Garda Síochána in the Tuam district of the Galway division in each year from 2011 to 2013 inclusive; the number granted, refused or withdrawn in each year; the most common reason for refusal; and if she will make a statement on the matter. [27919/14]

Written answers

Minister for Justice and Equality

On the 1 August 2009, the remaining sections of the Criminal Justice Act 2006 and Criminal Justice (Miscellaneous Provisions) Act 2009 relating to firearms were commenced. The legislation now provides for three year certificates, rather than the one year certificates which applied up to 2009 and which expired on 31 July each year.

According to PULSE (Garda computer) Records, from 1 January 2011 to 31 December 2011, a total of 328 firearm certificates were issued i.e. granted and paid in the Tuam District.

From 1 January 2012 to 31 January 2012, a total of 369 firearm certificates issued for the Tuam District.

From 1 January 2013 to 31 December 2013, a total of 1,861 firearm certificates issued for the Tuam District.

From 1 January 2014 to 20 June 2014, a total of 370 firearm certificates issued for the Tuam District.

These figures do not provide the overall total of firearm certificates currently in existence in the Tuam District. Firearm certificates now issue for a period of three years from the date of grant and yearly figures no longer reflect the number of certificates in existence.

The number of refused firearm certificate applications in respect of the Tuam District for the periods requested is not available from the PULSE system.

Road Traffic Offences

Questions (385)

Thomas P. Broughan

Question:

385. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of offenders’ driving licences from which details were recorded by the Courts Service in cases involving road traffic offences and sent to the NVDF in the years 2013 and to date in 2014; and the number of times the Courts Service recorded incidents of offenders not producing their driver licences in court in those years. [27944/14]

Written answers

Minister for Justice and Equality

As the Deputy is aware the primary purpose of section 63 of the Road Traffic Act 2010 is to ensure that the driving licence number of individual offenders is recorded to enable the application of appropriate penalty points to the licence on conviction by the court.

As indicated in my response to Question 324 of 6 May 2014 where an accused is brought before a Court in relation to a penalty point offence, the driving licence number is collected by two methods. The first is where the details are provided by An Garda Síochána prior to submission of an application for a summons in respect of the offence. Where the driving licence number is so collected, the driving licence number is sent electronically to the Courts Service with the summons application and the licence number is updated to the Courts Service computer system. Under the second method, the details are collected by the Court Registrar where a licence is produced to the Court at the hearing of the offence.

As outlined above, if the licence is produced, the Court Registrar records the licence number and the number is updated to the Courts Service computer system. If the accused is convicted of the offence, the details of the conviction and the associated driving licence number are subsequently sent electronically to the Department of Transport, Tourism and Sport for the application of penalty points.

The Courts Service has indicated that it is not possible to differentiate between the two methods above to provide statistical data in relation to the number of driving licence numbers actually collected within a Court.

I am informed that where an accused is summonsed to appear before a court in respect of a penalty point offence and is convicted of the offence, if a driving licence is not produced to the Court, the Court Registrar records on the Court Minute Book or on the summons that no driving licence was produced. The non-production of the driving licence is recorded whether or not the accused appears before the Court. The Courts Service computer system does not currently support the updating of data in relation to the non-production of driving licences in Court. Last week, along with the Minister for Transport Tourism and Sport, I met with PARC an advocacy group for road safety. At the meeting I agreed to raise the issue of the presentation of licences with the Courts Service.

Magdalen Laundries

Questions (386)

Dara Murphy

Question:

386. Deputy Dara Murphy asked the Minister for Justice and Equality when payment will be made from the Magdalen laundries compensation fund in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [27948/14]

Written answers

Minister for Justice and Equality

There is no record of an expression of interest or application form being received from this individual for the Magdalen Scheme.

If this lady was admitted to and worked in one of the 12 specified institutions under the Magdalen Scheme she should contact my officials in the Restorative Justice Implementation Unit of my Department at Tel: [phone] and they will assist her.

Alternatively, application forms are available to download from my Department's website www.justice.ie.

Crime Data

Questions (387)

Shane Ross

Question:

387. Deputy Shane Ross asked the Minister for Justice and Equality the number of burglaries in the Stepaside, County Dublin area since the closure of the Garda station; the number of prosecutions following these burglaries; and the number of convictions. [27949/14]

Written answers

Minister for Justice and Equality

As the Deputy may be aware, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide relevant available statistics directly to the Deputy.

Prisoner Numbers

Questions (388)

Thomas P. Broughan

Question:

388. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of children aged under 18 years of age who are on remand and are currently detained in St. Patrick’s Institution. [27961/14]

Written answers

Minister for Justice and Equality

The Irish Prison Service publishes on its website (www.irishprisons.ie) prisoner population figures for all institutions on a daily basis.I wish to advise the Deputy that on Monday 30th June, 2014, there were five 17 year old remand prisoners detained at St Patrick's Institution.

In line with recommendations of the Inspector of Prisons to effect changes in regime and culture and to ensure the safe and secure custody of juvenile and young adult offenders, a Government decision was taken to close St. Patrick’s Institution and disperse, where possible, 17 - 20 year old prisoners to other locations.

Pending the development of new facilities in Oberstown which are currently under construction, 17 year old remand prisoners must remain detained at St Patrick's Institution for legal reasons. There are no prisoners including those under 18 years of age serving a sentence in St Patrick's Institution.

Visa Applications

Questions (389)

Charlie McConalogue

Question:

389. Deputy Charlie McConalogue asked the Minister for Justice and Equality the position regarding an appeal for a visa to remain here in respect of a person (details supplied); and if she will make a statement on the matter. [27970/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was, by letter dated 3rd September, 2008, granted permission to remain in the State as the Spouse of an EU National who was exercising their EU Treaty Rights in this State. This permission to remain was valid to 6 August, 2012. This permission was not renewed as the circumstances of the person concerned had changed in a material way.

By letter dated 13 August, 2012, the person concerned made a fresh application for residency in the State on the basis of being the partner of an EU National who was exercising EU Treaty Rights in this State. This application was refused and the person concerned was notified of this decision by letter dated 15 February, 2013. This refusal decision was subsequently reviewed and the initial refusal decision was upheld and the person concerned was advised of this position by letter dated 6 December, 2013.

In January, 2014, the person concerned applied for a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish born minor citizen child, and based also on the principles of the Zambrano Judgment. This application is under consideration at present. When consideration of this application has been completed, and a decision is arrived at, the person concerned will be notified in writing.

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 Recruitment

Questions (390, 419)

Alan Farrell

Question:

390. Deputy Alan Farrell asked the Minister for Justice and Equality the plans being put in place for further recruitment to An Garda Síochána in the coming years, in view of the fact that current recruitment levels will not be sufficient to keep pace with the numbers leaving the force; the projected number of recruits needed to maintain a force of more than 13,000 officers; and if she will make a statement on the matter. [27983/14]

Gerald Nash

Question:

419. Deputy Gerald Nash asked the Minister for Justice and Equality the current position in the recent Garda recruitment drive; if a panel has been formed from which candidates will be drawn for consideration to be Garda recruits; the number of gardaí that will be recruited; when the first batch will be in training in Templemore; and if she will make a statement on the matter. [28153/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 390 and 419 together.

The Public Appointments Service (PAS) are managing this recruitment process on behalf of the Garda Commissioner and I have no direct involvement in the matter. However, I am informed that following receipt of 24,000 applications, PAS invited candidates to complete Stage 1 of the competition which consisted of an assessment questionnaire and reasoning tests which were undertaken on-line. I understand that around 18,000 candidates completed this stage and fewer than 13,000 candidates reached a satisfactory standard. Those who did achieve a satisfactory standard were placed in three bands determined by their overall scores.

The top 5,000 candidates (i.e. those in Band 1) were invited to take a subsequent battery of tests and of that number, just over 3,000 were successful. The top 600 of that group were then invited to supervised assessments and interviews. These interviews have now been completed and successful candidates have had their details forwarded to the Garda Commissioner under whose direction, candidates will undergo physical, medical and security checks. Those remaining from Band 1 will be brought forward for further assessment as required in accordance with Government policy. PAS will revisit those candidates in Band 2 and possibly Band 3, if required.

The next intake of recruits to An Garda Síochána (104 approx.) are scheduled to commence training in the Garda College, Templemore, in late July 2014.

Crime Prevention

Questions (391)

Alan Farrell

Question:

391. Deputy Alan Farrell asked the Minister for Justice and Equality the action being taken, or that will be taken, to roll out a text alert system in local communities in north Dublin to provide an increased sense of safety to those who feel vulnerable in their own homes; and if she will make a statement on the matter. [27984/14]

Written answers

Minister for Justice and Equality

I can advise the Deputy that information and advice on establishing text alert schemes in any particular area, including the area referred to by the Deputy is available from local community Gardaí. In addition, guidelines for establishing and operating community text alert schemes have been published by the Garda Commissioner and are available on the Garda website.

The Garda guidelines have been produced to assist local communities in establishing a standardised and efficient method of receiving communication by text message or e-mail from An Garda Síochána. In this context it is considered important to channel community crime prevention efforts and the dissemination of information about criminal incidents or threats within the framework of the Garda guidelines and with the benefit of Garda insight and verification. While my Department is not involved directly in the operation of the guidelines, I understand they have been well received and that hundreds of schemes have already been established at a local level.

Garda Transport Provision

Questions (392, 393)

Alan Farrell

Question:

392. Deputy Alan Farrell asked the Minister for Justice and Equality the preparations that will be put in place to replenish the fleet of vehicles of An Garda Síochána as the fleet ages and vehicles reach their 300,000 km threshold; and if she will make a statement on the matter. [27985/14]

Alan Farrell

Question:

393. Deputy Alan Farrell asked the Minister for Justice and Equality the current and projected cost of maintaining the fleet of vehicles used by An Garda Síochána; and if she will make a statement on the matter. [27986/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 392 and 393 together.

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.

As the Deputy will be aware, a further €9m was secured towards the end of 2013 for investment in the Garda fleet. This investment resulted in the purchase of 305 new Garda vehicles, at a cost of €5 million. These were in addition to the 133 Garda vehicles which had already been procured during the year. I am advised by the Garda authorities that these new vehicles are being allocated across Garda Divisions in accordance with operational requirements throughout the country.

The remaining €4 million has been made available for the purchase and fit out of Garda transport in 2014. In addition, I am advised that in excess of €22 million has been allocated for the maintenance and running of the fleet in 2014.

This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.

Garda Districts

Questions (394)

Alan Farrell

Question:

394. Deputy Alan Farrell asked the Minister for Justice and Equality further to Parliamentary Question No. 696 of 27 May 2014, the number of Garda personnel, Garda vehicles and Garda reserves for the DMR north district and sub-districts from 2008, broken down by station and year in tabular form; and if she will make a statement on the matter. [27987/14]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and Garda vehicles, 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.

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.

Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet. As a consequence it is not fully practicable to provide a breakdown of Garda vehicles by individual area.

However, I am advised by the Garda authorities that Garda vehicles allocated to the DMR North Districts is as set out in table below:

DMR NORTH 2008 – 2014 (as of 26 June 2014)

-	2014	2013	2012	2011	2010	2009	2008
TOTAL:	108	109	118	124	132	140	131
BALBRIGGAN DISTRICT	9	8	10	10	12	13	12
BALLYMUN DISTRICT	53	53	59	63	67	72	67
COOLOCK DISTRICT	27	29	30	30	31	34	31
RAHENY DISTRICT	19	19	19	21	22	21	21

I have also been informed by the Garda Commissioner that the personnel strength of each Garda Station in the DMR North Division, broken down by full time members, Garda Reserves and Civilians, on 30 April 2014, the latest date for which figures are readily available, is as set out in the tables below:

District/Station	Strength	Garda Reserves	Strength	Garda Reserve
	30/04/14	31/05/14	31/12/13	31/12/13
Balbriggan
Balbriggan	61	5	64	5
Garristown	2		2
Lusk	11		10
Skerries	10		10
Ballymun
Ballymun	117	12	118	11
Dublin Airport	24		26
Santry	92	10	95	9
Coolock
Coolock	112	8	112	8
Malahide	33	2	34	1
Swords	73	10	74	10
Raheny
Clontarf	71	4	69	4
Howth	37	3	38
Raheny	59	9	62	8

District/Station	Strength	Garda Reserves	Strength	Garda Reserve
	31/12/12	31/12/12	31/12/11	31/12/11
Balbriggan
Balbriggan	69	7	70	7
Garristown	2		3
Rush	Closed		5
Lusk	8		6
Skerries	11		11
Ballymun
Ballymun	118	13	113	12
Dublin Airport	31		33
Whitehall	Closed	Closed	44	5
Santry	102	12	81	10
Coolock
Coolock	114	9	117	13
Malahide	34	4	35	2
Swords	77	7	77	10
Raheny
Clontarf	72	2	77	5
Howth	42	4	39	4
Raheny	64	5	68	6

District/Station	Strength	Garda Reserves	Strength	Garda Reserve
	31/12/10	31/12/10	31/12/09	31/12/09
Balbriggan
Balbriggan	68	6	67	5
Garristown	3		3
Rush	5		6
Lusk	7		4
Skerries	11		12
Ballymun
Ballymun	128	10	130	10
Dublin Airport	22		23
Whitehall	44	2	85	2
Santry	82	8	48	6
Coolock
Coolock	120	12	123	8
Malahide	37	2	44	2
Swords	84	9	87	5
Raheny
Clontarf	79	5	79	4
Howth	38	4	44	4
Raheny	75	6	77	4

District/Station	Strength	*Garda Reserves
	31/12/08	31/12/08
Balbriggan
Balbriggan	59
Garristown	3
Rush	4
Lusk	3
Skerries	13
Ballymun
Ballymun	112
Dublin Airport	25
Whitehall	49
Santry	85
Coolock
Coolock	118
Malahide	45
Swords	82
Raheny
Clontarf	81
Howth	40
Raheny	71

* The breakdown of Garda Reserve members by Station is not readily available and can only be obtained by the disproportionate expenditure of Garda time and resources relative to the information sought.

Mutual Legal Assistance

Questions (395)

Alan Farrell

Question:

395. Deputy Alan Farrell asked the Minister for Justice and Equality the number of requests for mutual legal assistance made by the State to, and from, other EU member states and non-EU member states; if she will push for the development of an electronic system through which requests can be made at EU Council level; and if she will make a statement on the matter. [27988/14]

Written answers

Minister for Justice and Equality

In 2013, Ireland made 200 requests for mutual legal assistance in criminal matters. Of these, 129 were transmitted to other Member States of the EU and 71 to other countries. In the same year, Ireland received 583 requests for assistance, of which 516 were received from within the EU and 67 from outside the EU.

Under the provisions of the Criminal Justice (Mutual Assistance) Act 2008, requests may be in writing or in any form capable of producing a written record under conditions allowing their authenticity to be established. In this regard, I am advised that requests are frequently received electronically in the first instance (with the original documents subsequently forwarded by post).

Visa Applications

Questions (396)

Finian McGrath

Question:

396. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding an immigration application in respect of a family (details supplied) in Dublin 3. [28003/14]

Written answers

Minister for Justice and Equality

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 with his or her application.

Visa applications for family reunification purposes will be considered in accordance with the Government's Policy Document on Non-EEA Family Reunification which was published by my predecessor on 31 December 2013. The Policy Document is available on the website of the Irish Naturalisation and Immigration Service of my Department at www.inis.gov.ie . In addition, guidelines on the visa application process, including details of the required supporting documentation for a 'join parent' visa can be found on the INIS website. It should be borne in mind that the information contained on the website is intended to act as guidance only; it does not limit the discretion of the Visa Officer in dealing with individual applications.

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.

Road Traffic Legislation

Questions (397)

Finian McGrath

Question:

397. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding cyclists cycling on footpaths (details supplied) in Dublin. [28004/14]

Written answers

Minister for Justice and Equality

The Deputy will be aware that members of An Garda Síochána enforce the law on cycling on footpaths as part of their normal duties on an ongoing basis including at the location referred to. In addition to the day to day enforcement of the relevant provisions of the Road Traffic Acts, breaches of the legislation are regularly targeted by way of specific Garda operations which take into account the interaction of cyclists, pedestrians and vehicular traffic. Where breaches of the legislation are detected, members of An Garda Síochána, depending on the circumstances, may deal with the incident by way of advice or caution or by initiating criminal proceedings.

The Deputy will also appreciate that I have no direct role in the enforcement of road traffic legislation which is an operational matter for An Garda Síochána. In that regard, I have brought the Deputy's concerns surrounding the location in question to the attention of the Garda authorities for any appropriate action.

Legal Services Regulation

Questions (398)

Sandra McLellan

Question:

398. Deputy Sandra McLellan asked the Minister for Justice and Equality the recourse a client has when a solicitor fails to act on his or her behalf (details supplied); if the Law Society of Ireland can be held accountable; and if she will make a statement on the matter. [28028/14]

Written answers

Minister for Justice and Equality

Under the current regulatory regime, the Law Society of Ireland, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the independent statutory bodies charged with investigating or resolving complaints against solicitors under the Solicitors Acts 1954-2011 and their attendant regulations. Under these statutory complaints structures the Law Society is, therefore, the main route of redress for aggrieved clients of solicitors, outside of the courts. The Society’s Complaints and Client Relations Committee, which includes lay members, determines complaints in relation to misconduct, inadequate services or excessive fees made directly to it by members of the public. The Society provides guidance on “making a complaint” on its website, www.lawsociety.ie.

The Solicitors Disciplinary Tribunal deals with complaints of serious misconduct and such complaints are either referred to it by the Law Society or made directly by members of the public. The Tribunal members are appointed by the President of the High Court and act independently of the Law Society. In more serious cases, where the Tribunal considers that a solicitor should be suspended or struck off it will make such a recommendation to the President of the High Court. Further details are available on the Tribunal’s website www.distrib.ie.

Members of the public who are dissatisfied with the way the Law Society has dealt with a complaint may also refer it to the Office of the Independent Adjudicator (www.independentadjudicator.ie). The Office of the Independent Adjudicator was established to provide an independent point of contact to which members of the public could have recourse if dissatisfied with the manner in which the Law Society had dealt with a complaint. It is important to note that the Adjudicator’s role is to investigate the handling of the complaint by the Law Society and not to investigate the substance of the original complaint.

In addition to the remedies available under the statutory complaints handling framework that I have just outlined, aggrieved clients of solicitors may also choose to seek redress through the courts. This typically arises in cases of negligence on the part of a solicitor which have had serious negative consequences for the client concerned. As with any court proceedings, it is considered prudent that persons considering taking such legal action seek independent legal advice on the strength or otherwise of their case and its possible cost implications. It will then be a matter for the aggrieved client concerned to decide which course of action might be best suited to the circumstances of their particular complaint. It is also understood that the Law Society maintains a list of solicitors who are prepared to act in such negligence proceedings against another solicitor and this list can be obtained upon request.

It should also be noted that in order to be permitted to practice by the Law Society, individual solicitors are obliged to have Professional Indemnity Insurance to cover such instances of negligence as those raised by the Deputy. The current minimum level of such insurance is set under legislation at €1.5 million and the professional indemnity insurance details of an open solicitor firm can be found under the on-line firm search facility on the Law Society's website at: www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search.

The Deputy may also wish to be aware that the Legal Services Regulation Bill 2011, which is due to commence Report Stage in the Dáil on 17 July, will establish a new, independent, Legal Services Regulatory Authority with responsibility for the oversight of both solicitors and barristers. There will be a new complaints system to deal with complaints about professional misconduct independent of both the Law Society and the Bar Council backed up by a Legal Practitioners’ Disciplinary Tribunal. Members of the public who wish to make complaints will no longer do so through the Law Society or the Bar Council as they do at present, but through the new and independent Legal Services Regulatory Authority.

Subsidiary Protection Applications

Questions (399)

Bernard Durkan

Question:

399. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for subsidiary protection in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [28030/14]

Written answers

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for subsidiary protection having been received from or on behalf of 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.

Road Safety

Questions (400)

Billy Timmins

Question:

400. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding a Go Safe mobile speed and safety camera on the N11 outside a garden centre which was operating in an area not listed as a safety zone (details supplied); and if she will make a statement on the matter. [28036/14]

Written answers

Minister for Justice and Equality

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.