Written Answers Nos. 345-361
347. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on court cases taken against the Garda in respect of the administration of the Firearm Act (details supplied); and if she will make a statement on the matter. [46193/14]
View answerThe Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms licence has been refused by An Garda Síochána. In addition, there have been a number of judicial review cases in this area in the context of persons whose applications for firearms licences have been refused.
The licensing of firearms is a Garda operational matter and each application is judged on its own individual merits and the decision on whether, or not, to grant a firearm certificate rests solely with the issuing person. The decision of the issuing person cannot be fettered in any way and I have no role in the matter. My paramount concern in this area is public safety. As the Deputy is aware, in light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality / An Garda Síochána Working Group was established to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public. The deadline for receipt of submissions is the 31st of January 2015.
The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. I have already given a commitment that I will not make any final decisions until I have had the opportunity to consider all the submissions which are made and I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before final decisions are made in relation to this matter.
348. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on alleged breaches in 2008 of firearms licensing regulations (details supplied); and if she will make a statement on the matter. [46196/14]
View answerI have asked the Garda Commissioner for a report on this matter based on the details supplied and will write to the Deputy when it becomes available.
351. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for citizenship in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [46220/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy. As the Deputy will appreciate, 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 it is important that appropriate procedures are in place to preserve the integrity of the process. I am informed that this application is now at an advanced stage of processing and the applicant will be informed of my decision in due course.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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.
352. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 121 of 13 November 2014 asking her to clarify if any details exist in the relevant section of her Department in connection with the status or residency in this country in the case of a person (details supplied) in County Laois if there is a particular reason such details have not been provided as requested by way of parliamentary question in accordance with convention; and if she will make a statement on the matter. [46222/14]
View answerAs the Deputy is aware from previous answers to questions of this nature, if the person concerned has made an application for asylum or subsidiary protection, it is not the practice to comment on such applications for so long as they remain in the protection process. The Deputy will recall that the reasons for this policy were fully explained in my letter to him dated 31 May, 2014.
353. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will clarify the expenditure in Vote 21 regarding compensation (details supplied); and if she will make a statement on the matter. [46229/14]
View answerThe expenditure in this subhead relates to payments in respect of compensation and legal costs made to prisoners, staff and members of the public. It can be difficult to predict the requirement in this subhead as the quantum and timing of payments depends on the progress of cases being dealt with through the States Claims Agency and Criminal Injuries Compensation Tribunal. In 2014, it is estimated that an additional €1 million will be required to meet the expenditure requirement in this area.
354. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will clarify the expenditure in Vote 20 regarding communications and other equipment (details supplied); and if she will make a statement on the matter. [46230/14]
View answerThe expenditure in this subhead relates to communications and other operational equipment used by An Garda Síochána including in relation to Road Traffic and CCTV systems. The additional €15.7 million requirement in the subhead arises as a result of a technical accounting exercise whereby certain receipts from fixed charge notices are being used to offset the cost of the outsourced GoSafe Safety Project.
355. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will clarify the expenditure in Vote 22 regarding public-private partnership costs (details supplied); and if she will make a statement on the matter. [46231/14]
View answerThe expenditure in question relates to the annual cost of the unitary charge for the Criminal Courts of Justice Complex in Parkgate Street, Dublin 8 which was put in place through a Public Private Partnership (PPP) arrangement.
357. Deputy Peadar Tóibín asked the Minister for Justice and Equality if she will meet with a person (details supplied) to discuss allegations regarding abuse against the person at a premises in County Dublin, where the person was a resident between 1984 and 1992. [46293/14]
View answerWhile my Department is familiar with the background to this case based on correspondence with my predecessor, I have not received a request from the person concerned for a meeting nor has she been in contact with me. I understand that the concerns raised in previous correspondence were brought to the attention of the Garda authorities whose role is to investigate allegations of criminality. I further understand that assistance from the HSE was also offered to the person in question in light of the particular issues raised by her at that time.
358. Deputy James Bannon asked the Minister for Justice and Equality if she will provide an update on a naturalisation application in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [46298/14]
View answerAs 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. I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that processing of the application is ongoing and the case will be submitted to me for decision as expeditiously as possible.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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.
359. Deputy Eoghan Murphy asked the Minister for Justice and Equality if she will amend liability from ordinary negligence to gross negligence in so far as the maintenance of roads and footpaths is concerned. [46314/14]
View answerI have no plans to introduce legislation that would have the effect of amending liability for maintenance of roads and footpaths from ordinary negligence to gross negligence. The liability of a public authority for failure to maintain public roads, which is governed by common law, distinguishes appropriately between non-feasance, where no action was taken, and misfeasance, where negligent action was taken. As the Deputy may be aware, a local authority is liable in cases of misfeasance only in cases of a positive act of negligence or of active fault.
360. Deputy Sean Fleming asked the Minister for Justice and Equality the number of State board appointments that have been made under the aegis of her Department in 2014 without being advertised; the number that have been made of persons who had not formally applied for consideration of the particular appointment; and if she will make a statement on the matter. [46550/14]
View answerIn order to be of assistance to the Deputy I have interpreted his question as encompassing all bodies called Boards, irrespective of their functions, as well as other bodies with a governance remit whose title does not include the term “Board”.
National Disability Authority
Thirteen appointments were made to the National Disability Authority (NDA) board in 2014. Expressions of interest were publicly sought prior to these appointments being made. Of these thirteen appointments, two appointments to the Board were made from nominations of relevant Ministers, as prescribed in the National Disability Authority Act 1999 and one appointment of an elected member of the staff of the NDA was made (also a requirement of that Act).
Courts Service Board
Ten appointments made in 2014. These positions were not advertised as they were filled by nominations from the judiciary, Courts Service, Bar Council, Law Society and the Irish Congress of Trade Unions.
Judicial Appointments Advisory Board
Four appointments made in 2014. One was the nomination of the Law Society and one was the nomination of the Bar Council. Two were persons nominated by the Minister for Justice and Equality under Section 13(2)(c) of the Court and Courts Officers Act, 1995.
Mental Health (Criminal Law) Review Board
One appointment made in 2014. This appointment was made under Section 11 of the Criminal Law (Insanity) Act. The position of Chairperson of the Mental Health (Criminal Law) Review Board was not advertised. The Criminal Law (Insanity) Act, 2006 provides the legislative basis for the Review Board and provides that the Chairperson must be a practising barrister or solicitor with at least 10 years experience or a judge or retired judge of the Circuit Court, High Court or Supreme Court.
Parole Board
Three appointments made in 2014. None of the positions were publicly advertised.
Charities Regulatory Authority Board
In 2014 sixteen appointments were made to the Charities Regulatory Authority (CRA) Board. These posts were publicly advertised.
Property Registration Authority
Seven appointments were made in 2014. This included the reappointment of the Chairman, having regard to the necessity for continuity in the ongoing work to effect the merger of the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland. One position (an Officer of the Minister) was filled in accordance with Section 11 (5) (c) of the Registration of Deeds and Title Act 2006. The other five appointees had responded to an advertisement for expressions of interest.
Irish Human Rights and Equality Commission (IHREC)
Fifteen members of the new Commission were appointed by the President on 31 October 2014 and the positions were advertised.
Garda Síochána Arbitration Board
Three appointments were made to the Garda Síochána Arbitration Board in 2014. The positions were filled as part of an industrial relations mechanism and were not advertised. The Chair was agreed by both sides as were nominations as members of the Board by both the Employer and the Employee's side.
361. Deputy Róisín Shortall asked the Minister for Children and Youth Affairs if his attention has been drawn to correspondence from the Association of Childhood Professionals requesting a meeting to address its serious concerns regarding obstacles in various Departments which hinder the provision of quality early years services; and if he will accede to this request. [46321/14]
View answerAs the correspondence in question relates to matters for which I have responsibility, the Taoiseach has passed the letter to me for response. I met with the group in question on 5th November last and am aware of their concerns.
I am aware of the sustainability issues faced by early years services and, over the coming period, I will be examining the options for future childcare investment.
Annual funding in the region of €260 million is provided to the childcare sector to support a number of childcare programmes that are implemented by this Department. These programmes include the Community Childcare Subvention (CCS) programme, the Early Childhood Care and Education (ECCE) programme and a number of labour activation initiatives under the Training and Employment Childcare (TEC) programmes. These programmes, in particular the Early Childhood Care and Education programme, provide a guaranteed source of income to participating services and, given that many parents would otherwise not be able to avail of pre-school care and education for their children, the funding has ensured that many childcare services, both commercial and community, have the resources to continue to operate.
Despite the budgetary situation that prevailed in recent years the Government has maintained the funding necessary to support these childcare programmes and has introduced new initiatives to meet the changing circumstances, particularly in regard to the improved employment opportunities in the economy. As additional funding becomes available, I would hope that the capitation rates for all programmes could be increased to provide further support.
I acknowledge that over previous years there have been delays in payments made to service providers, which may have resulted in further financial pressures at given times. This has been due to the fact that the programmes have undergone considerable changes to meet the changing childcare needs. New programmes to support training and labour market activation measures have been introduced and, because these programmes have been administered separately and manually on separate databases, there have been issues in relation to duplication of effort and data exchange.
In recognition of these issues my Department and Pobal are in the process of introducing a new management platform for the early years programmes – the Programmes Implementation Platform (PIP). This new online system will streamline the administrative processes across childcare funding programmes. It is envisaged that PIP will reduce paper-based exchanges of information between parties by the provision of online forms for data entry and integrated document management capabilities. This in turn will shorten the lead in time for key programme milestones, for example, the contracting period, initial payments, funding approval and subsequent payments.
The introduction of new ICT infrastructure tends to result in minor technical issues emerging and PIP, a complex system, has been no exception, resulting in service providers experiencing delays in registering children on the system. Advance payments were made to service providers for both the ECCE and CCS programmes.
On the 15th of October this year, while over 30,000 children had already been registered on the system for the ECCE programme, my Department took the decision to issue a further advance payment to service providers to allow for those service providers who had experienced delays or difficulties in completing their registrations. While acknowledging the inconvenience for service providers not receiving accurate balancing payments as early as usual, the decision was taken to ensure that all service providers received sufficient advance funding to honour any financial commitments, rather than to delay all payments until the PIP technical issues were resolved. Providers were entitled to apply for an additional advance payment if they had significantly more children registered on the programme than last year.
ECCE balancing payments covering the period up to 23rd January 2015 are being made this week. These payments are based on the actual numbers of children registered and approved for participation in the programme.
The PIP technical issues also affected payments under the Training and Employment Childcare programmes. These issues have also been resolved and there should be no delays in payments in the future.
CCS Registrations on the PIP system are being launched this week. CCS service providers have also received a further preliminary payment, covering the period up to the end of January 2015, while CCS eligibility criteria is validated.
The new ICT system is expected to further streamline the payment process for all of the childcare support programmes implemented by this Department. I can assure the Deputy that both my Department and Pobal are working to address issues as PIP develops, and I am confident that once the system is fully operational it will prove to be extremely beneficial and efficient and will significantly improve the situation for service providers.
