Written Answers Nos. 354-370
354. Deputy Patrick O'Donovan asked the Minister for Defence if he will provide in tabular form a list of all external public relations firms hired by his Department and associated costs incurred from 2007 to 2010; and if he will make a statement on the matter. [4540/15]
View answerThe table outlines the information in relation to the cost of hiring external public relations companies in the period 2007 to 2010.
|
Year |
Expenditure - € |
|
2007 |
253,300 |
|
2008 |
1,848,000 |
|
2009 |
Nil |
|
2010 |
Nil |
The above expenditure relates to a Public Information and Awareness Campaign on Emergency Planning. The main focus of the campaign was the publication and distribution of a handbook – ‘Preparing for Major Emergencies’. The handbook was distributed to every household in the country.
355. Deputy Seán Crowe asked the Minister for Defence the specific details of the defence agreement that he has signed with the British Defence Secretary; if he will attend before the Committee on Justice, Defence and Equality to explain and debate the agreement; and if it will come before Dáil Éireann for ratification. [4818/15]
View answerThe Memorandum of Understanding (MOU) provides a framework for developing and furthering bilateral co-operation and relations between the Department of Defence and the UK Ministry of Defence. The MOU takes into account matters such as military forces training; exercises and military education; exchange of views on EU Common Security and Defence Policy; potential for joint contributions to UN Crisis Management Operations; joint procurement initiatives; pooling and sharing resources; general sharing of reform in defence services; potential for staff exchanges; sharing of information, and joint contribution to Security Sector Reform and capacity building in crisis locations. It envisages cooperation and exchanges involving both civil and military personnel. The signing of the MoU places already existing co-operation arrangements in the Defence area between Ireland and the UK on a more formal and transparent footing, while fully respecting the differing policy positions and security arrangements of both States.
To date, I have not been requested to appear before the Committee on Justice, Defence and Equality to discuss the Agreement. However, I would welcome the opportunity to brief the Committee should the opportunity arise.
Dáil approval was not required for the Memorandum of Understanding. However, in the interests of transparency and good administrative practices, the Document has been laid before Dáil Éireann by lodging it to the Dáil Library on 21 January 2015.
356. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she has reviewed the information and meeting request sent to her by representatives of a committee (details supplied); and if she will meet this committee. [4678/15]
View answerI wish to inform the Deputy that I met with the Stardust Relatives' and Victims Committee in July of last year where they outlined their concerns in relation to the Inquiries into this matter that have been undertaken previously and some related financial issues that have arisen. I indicated to the Committee that, while I am prepared to examine matters they wish to bring to my attention, I am anxious that no unrealistic expectations about what can be achieved are raised.
Following that meeting in July the Stardust Relatives' and Victims Committee submitted two reports (compiled by a researcher associated with the Committee) to my Department. The researcher subsequently sought the return of these reports prior to them being examined and my Department complied with this request. My Department has, through the Stardust Relatives' and Victims Committee, requested that the decision to withdraw these reports be reconsidered.
The Deputy will be aware that Mr. Paul Coffey SC was appointed in 2008 by the then Government, with the agreement of the Victims Committee, to review the case made by the Committee for a new inquiry into the fire. His report was published in January 2009. He concluded that the original Tribunal finding of arson was a hypothetical one only and that no-one present on the night can be held responsible. He further concluded that in the absence of any identified evidence as to the cause of the fire, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest. The then Government accepted Mr. Coffey’s findings and motions were passed in both Houses of the Oireachtas endorsing his conclusions and expressing sympathy with the families.
I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed by the Garda Commissioner, that this is a complex investigation and, as the Deputy will understand, I cannot do anything that might cut across this investigation.
357. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality the likely ratification of the UN Convention on the Rights of Persons with Disabilities by the Irish State; when this ratification is likely to happen; if there is a reason it has not been ratified already; and if she will make a statement on the matter. [4683/15]
View answerThe Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.
A team has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place, and met recently to review issues and the action and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.
Progress towards ratification therefore continues to be made. One of the core elements of the remaining work to be completed is the enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill will comprehensively reform existing legislation governing capacity and will provide a series of options to support people with decision-making capacity difficulties to make decisions and exercise their basic rights in line with the principles of the Convention. The Bill is currently awaiting Committee Stage in the Dáil.
358. Deputy Michael McGrath asked the Minister for Justice and Equality the number of personal insolvency practitioners who have applied for payment in respect of insolvency proposals which were vetoed by creditors; the total number of insolvency proposals which have been vetoed; and if she will make a statement on the matter. [4321/15]
View answerIn October 2014 the Insolvency Service of Ireland (ISI) announced an initiative whereby a Personal Insolvency Practitioner (PIP) can seek a supporting payment towards their costs in certain circumstances when an arrangement has not been passed by creditors.
Subject to satisfying certain conditions - most fundamentally, creditors voting against an arrangement that would have produced a return greater than would be the case in bankruptcy - every qualifying case will receive a payment of €750.
The purpose of this initiative is to promote and support greater engagement between PIPs and debtors, with the objective of enhancing the accessibility of debtors to Debt Settlement Arrangements and Personal Insolvency Arrangements under the Personal Insolvency Act 2012.
This initiative is expected to be available until 31 December 2015, but will be reviewed during 2015 to assess its effectiveness and to ensure that it has brought about significant improvement in the case outcome for debtors. The initiative is open to all PIPs authorised by the ISI.
I can confirm that no payments have yet been made by the ISI as PIPs had until 31 January 2015 to submit a claim for Quarter 4 of 2014, therefore the exact figures will not be available until all claims have been received and verified.
The ISI has confirmed that it will publish details of payments made under the initiative in its Quarterly Statistical Report. An analysis of creditors who voted no will also be made available.
359. Deputy Michael McGrath asked the Minister for Justice and Equality when the system of e-conveyancing will be rolled out; if it will be available to all bank customers; and if she will make a statement on the matter. [4324/15]
View answerThe introduction of eConveyancing, or electronic conveyancing, would represent a change in conveyancing practice to a paperless, electronic, end to end, conveyancing process. Construction 2020, the Government's Strategy for a Renewed Construction Sector contains a specific Action in relation to eConveyancing. The Action provides that my Department in cooperation with the Property Registration Authority and other relevant Departments and stakeholders will conduct a review and report to Government on the steps necessary to deliver a system of eConveyancing in Ireland, including the resource implications and the timescales for delivery.
My Department has had some initial discussions with key stakeholders on this matter and expects to be in a position to commence the formal review process in the near future.
360. Deputy Finian McGrath asked the Minister for Justice and Equality the procedure regarding a person (details supplied) in Dublin 3 becoming a peace commissioner; and if she will make a statement on the matter. [4377/15]
View answerPeace Commissioners are appointed by me under section 88 of the Courts of Justice Act, 1924 for which there is no remuneration or compensation by way of fees or expenses for services. An application for appointment may be submitted by a person who is interested in obtaining an appointment, or a third party may submit a nomination in respect of a person considered suitable for appointment. Nominations are generally received from public representatives. A local Garda Superintendent can also request an appointment in a particular area in the public interest.
There is no qualifying examination involved but appointees are required to be of good character and they are usually well established in the local community. Persons who are members of professions or employed in occupations which engage in legal work or related activities and members of the clergy are, as a matter of practice, not appointed because of their occupation. Civil servants are usually only appointed where the performance of their official duties requires an appointment (i.e. ex-officio). Persons convicted of serious offences are considered unsuitable for appointment.
Should he wish to do so, the person referred to can submit an application for appointment which will then be considered having regard to the particular needs of the Dublin 3 area.
361. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if the Irish Government at any stage entered into an agreement with the British Government as part of the Northern Ireland peace process in relation to providing special arrangements for on the runs that resulted in those persons not being arrested; if her attention has been drawn to some of these so-called on the runs being resident in this jurisdiction; if she has received correspondence from the British authorities as part of the settlement requesting that certain persons not be arrested; if she will provide details of same; and if she will make a statement on the matter. [4389/15]
View answerThe Deputy will be aware that Good Friday Agreement of 1998, while dealing with early release arrangements for convicted persons, did not address the issue of persons who might in the future face prosecution or conviction. The term ‘on-the-run’ was used to refer to these cases although it was not entirely accurate in the sense that, in practice, it also covered people living openly in the community - the key issue was whether they would face prosecution. Over subsequent years it was recognised publicly by the Irish and British Governments that dealing with these cases was a logical follow on from the Good Friday Agreement’s provisions relating to the release of prisoners.
The scheme to which the Deputy refers was an administrative scheme operated by the Northern Ireland Office in respect of the UK. The Government was not party to the issuing of letters by the British Government or to any specific arrangements under that scheme.
As part of a protracted process both Governments had announced in late 2005 proposals for addressing the on-the-runs issue. The UK Government had formulated legislative proposals. The Government here had undertaken to operate in tandem with the UK in dealing with this issue and had announced a scheme whereby the President’s power under the Constitution relating to pardons would be operated in relevant cases. As the UK Government’s legislation was not proceeded with the Government here did not proceed with a scheme in this jurisdiction. Subsequently, the NIO proceeded with the administrative scheme referred to above.
362. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding a harassment case; and if she will make a statement on the matter. [4399/15]
View answerI am aware of the case referred to by the Deputy and I have sought a report on the matter from the Garda Commissioner. However, the Deputy will appreciate that it would not be appropriate for me to comment further on the detail of the particular case. However, on receipt of the Garda report I will contact the Deputy directly with any further information which it may be possible to give.
More generally, there are a range of legislative provisions, including provisions for a range of court orders, which may be applicable in the sorts of cases referred to by the Deputy.
These include provisions under the Non-Fatal Offences Against the Person Act 1997 which provides for offences of assault, harassment, coercion or threatening behaviour. Section 10(1) of the Act provides for the offence of harassment, including by means of the telephone, by persistently following, watching, pestering, besetting or communicating with another person. Where a person is convicted of such an offence the court may issue a restraining order requiring that the person shall not communicate by any means with the victim or shall not approach within a specific distance of the victim’s home or place of work. It is also an offence to breach such a restraining order.
Even where a person is acquitted of harassment a court can issue a restraining order if, having regard to the evidence, the court is satisfied that it is in the interests of justice to do so.
In addition, there is a related provision in section 101 of the Criminal Justice Act 2006 which allows a Court to make a restriction or movement order in respect of a person convicted of certain scheduled offences, including harassment.
There are also the incremental procedures provided under the Criminal Justice Act 2006. These provide for Garda warnings, good behaviour contracts and behaviour orders in relation to children. With regard to adults they provide for warnings and the making of a civil order by the court.
The Domestic Violence Acts 1996 and 2002 (as amended) provide protections for a spouse, a civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) and a person living with another person in an intimate and committed relationship, as well as protections for a parent in relation to a non-dependent adult child who is living with them and a parent with a child in common with the other parent, regardless of whether the parents live with each other. In addition there is provision for protections in relation to an adult person living with another person.
In conclusion, I can advise the Deputy that work is currently being undertaken to draft proposals to reform and consolidate the Domestic Violence Acts with a view to enactment later this year.
363. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the grounds on which an application for naturalisation in the case of a person (details supplied) in Dublin 14 was refused; and if she will make a statement on the matter. [4429/15]
View answerSection 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must: be of full age; be of good character; have 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, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows— (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where the applicant has: been continuously resident in the island of Ireland for the year immediately prior to the date of his or her application; and has in addition been resident in the island of Ireland for two out of the four years prior to that year.
The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
An application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) on 19 November, 2014. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Act and referred to above. The person concerned was informed of this by letter on 20 January, 2015.
It is open to the individual referred to by the Deputy to lodge a further application for citizenship if and when he is in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator available on the INIS web-site at www.inis.gov.ie can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.
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.
364. Deputy Niall Collins asked the Minister for Justice and Equality the action she has taken to address the concerns raised in section 20.4 of the Guerin report; and if she will make a statement on the matter. [4484/15]
View answerThe person referred to by the Deputy has initiated legal proceedings connected with the making by him of allegations of Garda misconduct. In view of these ongoing legal proceedings, the Deputy will appreciate that I cannot comment further on the matter at this time.
365. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if she will provide, in tabular form, for the years 2007 to 2010 the total photography costs in her Department, including a list of which photographers were booked, the photographers used and breakdown of costs associated with each occasion that a photographer was used; and if she will make a statement on the matter. [4497/15]
View answerThe photography costs incurred by my Department for the years 2007 to 2010 are as follows:
|
Year |
Photographer |
Cost |
|
2007 |
John Quirke |
€337.10 |
|
2007 |
Maxwell Photography |
€18,837.36 |
|
2007 |
News Digital |
€497.27 |
|
2007 |
William Farrell Photography |
€483.51 |
|
2008 |
Flynn's Photo Service |
€354 |
|
2008 |
Frank Fennell Photography |
€963.87 |
|
2008 |
Maxwell Photography |
€11,951.40 |
|
2008 |
Sean Curtin Photographer |
€418.82 |
|
2009 |
Maxwell Photography |
€1,932.45 |
|
2009 |
O'Driscoll Photography |
€426 |
|
2009 |
Tom Conachy |
€283.75 |
|
2010 |
Maxwell Photography |
€5,144.94 |
|
2010 |
Tom Conachy |
€510.75 |
|
Total |
€42,141.22 |
366. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if she will provide, in tabular form, for the years 1997 to 2007 the total photography costs in her Department, including a list of which photographers were booked, the photographers used and breakdown of costs associated with each occasion that a photographer was used; and if she will make a statement on the matter. [4513/15]
View answerI wish to advise the Deputy that the information relating to photography costs for the years 1997 to 2007 is archived and not readily available in the time permitted.
367. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for leave to remain in accordance with section 3(6) of the Immigration Act 1999 as amended in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [4525/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted permission to remain in the State for an initial one year period, valid to 23rd January, 2016. This permission may be extended by a further two years, to 23rd January, 2018, by the local Immigration Registration Office on production by the person concerned of a valid passport to attest to their identity and nationality. This decision was communicated to the person concerned by letter dated 23rd January, 2015.
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.
368. Deputy Sean Fleming asked the Minister for Justice and Equality the procedures or the process by which a person from the Ukraine can come and stay here either by way of work permit or to come here and seek a visa to remain here on an ongoing basis or on a short-term holiday basis; and if she will make a statement on the matter. [4534/15]
View answerIt 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.
The type of visa that will be required to travel to Ireland will depend on how long an applicant wishes to spend in Ireland and the reason for their travel.
Guidelines on the visa application process, including details of the required supporting documentation for all visa categories can be found on the website of the Irish Naturalisation and Immigration Service (INIS) of my Department at www.inis.gov.ie. It should be borne in mind, however, 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.
A visa- required national can apply for a visa for the purpose of employment after they have obtained an Employment Permit from the Department of Jobs, Enterprise and Innovation (DJEI). Information on how to obtain an Employment Permit is available on the website of that Department at www.djei.ie.
All applications for Irish visas are made online at www.inis.gov.ie. Supporting documentation, including passports, for Ukrainian nationals living in Ukraine are lodged at the Honorary Consulate of Ireland in Kiev and processed by the dedicated Irish Visa Office in Moscow, which is a sub-office of INIS. This Office handles all aspects of visa applications, locally.
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.
369. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if she will provide, in tabular form, a list of all external public relations firms hired by her Department and associated costs incurred from 2007 to 2010; and if she will make a statement on the matter. [4547/15]
View answerMy Department did not incur any costs in relation to the provision of public relations services during the years in question. It is my Department's policy to use in house resources as much as possible and to restrict the use of external groups to a minimum.
370. Deputy Dominic Hannigan asked the Minister for Justice and Equality when she will ensure that all survivors of the Magdalen laundries will receive HAA cards, as proposed in the recommendations of Mr. Justice Quirke's report; and if she will make a statement on the matter. [4589/15]
View answerThe Government is committed to full implementation of Judge Quirke's recommendations on the provision of medical services. The legislative vehicle to achieve this is the Redress for Women Resident in Certain Institutions Bill 2014 which has passed Second Stage in the Dáil. When this is enacted, the Department of Health and the Health Service Executive will introduce a scheme and I understand that as part of that scheme an enhanced medical card will be provided to the women concerned.
