Written Answers Nos. 327-344
327. Deputy Arthur Spring asked the Minister for Justice and Equality her plans to introduce new legislation governing the relationship between the sharers of boundaries and the growth and foliage thereon; and if she will make a statement on the matter. [5501/15]
View answerDifficulties experienced by property owners arising from the growth of trees, hedges and foliage 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 and it took the view that unreasonable interference caused in such circumstances was a matter in any particular case for tort law or more generally for planning or environmental law.
In England and Wales, for example, legislation makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by 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 reduces the risk of prolonged and costly litigation, and the further 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.
Depending on the circumstances of the case, a person may, under existing law, 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 would have to show that an easement existed and that there had been a substantial interference with that right.
Mediation offers a viable, effective and efficient alternative to court proceedings in many cases, including disputes over boundaries and overhanging foliage. It can both reduce the legal costs involved and speed up the resolution of disputes. It is my intention to bring forward a mediation Bill to promote mediation as an alternative to court proceedings. 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.
328. Deputy Michael McGrath asked the Minister for Justice and Equality her plans to review the position whereby new recruits to An Garda Síochána will not be paid the allowance for rent which was previously paid; if her attention has been drawn to the hardship this will cause to new members of the force; and if she will make a statement on the matter. [5737/15]
View answer334. Deputy Pearse Doherty asked the Minister for Justice and Equality her plans to re-introduce the annual rent allowance payable to new Garda recruits; and if she will make a statement on the matter. [5570/15]
View answer335. Deputy Robert Dowds asked the Minister for Justice and Equality if she will re-introduce the rent allowance of €4,000 per annum for the new recruits to An Garda Síochána, and in particular to those who are stationed in Dublin, in view of the very high cost of rent in the capital and the importance to the criminal justice system of the welfare of members of An Garda Síochána. [5582/15]
View answer341. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will restore the rent allowance paid to members of An Garda Síochána; if she will restore other allowances and payments paid to employees of her Department or agencies under her Department's remit that were cut or reduced; and if she will make a statement on the matter. [5714/15]
View answer343. Deputy Brendan Griffin asked the Minister for Justice and Equality if rent allowance will be reinstated to newly qualifying gardaí (details supplied). [5723/15]
View answer344. Deputy Michael McGrath asked the Minister for Justice and Equality her plans to review the position whereby new recruits to An Garda Síochána will not be paid the allowance for rent which was previously paid; if her attention has been drawn to the hardship this will cause to new members of the force; and if she will make a statement on the matter. [5738/15]
View answer347. Deputy Jerry Buttimer asked the Minister for Justice and Equality her views on sanctioning an increase in wages and-or restoring the rent allowance payment for the recent intake of trainee members of An Garda Síochána; and if she will make a statement on the matter. [5758/15]
View answer355. Deputy Michael Lowry asked the Minister for Justice and Equality if she will reverse the cuts to salary rates for the current intakes of Garda trainees; if she will reinstate the €4,000 rent allowance that has been abolished; her views that it is fair for trainee gardaí to be on a gross annual salary of €23,171, considerably less than the starting salary of the last group of trainees in 2009 who commenced on a starting salary of €31,000; and if she will make a statement on the matter. [5912/15]
View answer359. Deputy Niall Collins asked the Minister for Justice and Equality the basic pay payable to a full-time member of An Garda Síochána and a student garda just recruited; the way this varies, depending on date of recruitment; and if she will make a statement on the matter. [5947/15]
View answerI propose to take Questions Nos. 328, 334, 335, 341, 343, 344, 347, 355 and 359 together.
The current Garda recruit competition commenced in late 2013 and attracted over 20,000 applications. Details of the remuneration package, ie basic pay and other allowances including unsocial hours allowances, were made available to all applicants prior to their recruitment and I am providing with this answer a table of current basic pay for members at Garda rank together with the basic pay from 2009. These pay scales do not include any allowances. It is expected that newly attested Gardaí will be assigned to frontline duties and will work the Garda Roster system. This will immediately attract unsocial hours payments which, in addition with other relevant allowances amounts to over 25% of their earnings. Even at the entry level of €23,171 and the lower end of unsocial hours scale, this would add almost €5,800 to their salary.
The Deputies will be aware that under the 2013 Haddington Road Agreement, the current remuneration and conditions of service of members of An Garda Síochána together with an evaluation of annualised hours/shift pay arrangements are being examined as part of a wider review of An Garda Síochána.
However, the Deputies will also be aware that, following a review of all allowances in the public service in 2011 and 2012, rent allowance for all new public servants including Gardaí, Prison Officers and Fire Officers was abolished in early 2012. There are no plans to re-instate this allowance.
|
Garda Recruit |
|||
|
2015 |
2009 |
||
|
Recruits Allowance |
€184(weekly) |
€203(weekly) |
Recruits Allowance |
|
on Attestation 32 weeks |
€23,171 |
||
|
Year 1 |
€25,472 |
€ 27,100 |
On attestation 62 weeks |
|
Year 2 |
€28,302 |
€ 29,792 |
after 22 weeks |
|
Year 3 |
€29,834 |
€ 31,442 |
After 1 year |
|
Year 4 |
€32,407 |
€ 34,224 |
After 2 years |
|
Year 5 |
€35,840 |
€ 37,935 |
After 3 years |
|
Year 6 |
€38,110 |
€ 40,389 |
After 4 years |
|
Year 7 |
€40,163 |
€ 42,609 |
After 5 years |
|
Year 8 |
€42,138 |
€ 44,744 |
After 6 years |
|
Year 9 |
€42,138 |
€ 44,744 |
After 7 years |
|
Year 10 |
€42,138 |
€ 44,744 |
After 8 years |
|
Year 11 |
€42,138 |
€ 44,744 |
After 9 years |
|
Year 12 |
€42,138 |
€ 44,744 |
After 10 years |
|
Year 13 |
€43,857 |
€ 46,602 |
After 11 years |
|
Year 14 |
€43,857 |
€ 46,602 |
After 12 years |
|
Year 15 |
€43,857 |
€ 46,602 |
After 13 years |
|
Year 16 |
€43,857 |
€ 46,602 |
After 14 years |
|
Year 17 |
€43,857 |
€ 46,602 |
After 15 years |
|
Year 18 |
€43,857 |
€ 46,602 |
After 16 years |
|
Year 19 |
€45,793 |
€ 48,695 |
After 17 years |
329. Deputy Michael McCarthy asked the Minister for Justice and Equality when it is expected that the Assisted Decision-Making (Capacity) Bill 2013 will complete Committee Stage; and if she will make a statement on the matter. [5813/15]
View answerThe Assisted Decision-Making (Capacity) Bill 2013 is a comprehensive reform of the law relating to decision-making by persons with capacity difficulties. Its enactment will be a key step forward in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
My Department is currently preparing amendments for the Dáil Committee Stage of the Bill to respond to issues raised in submissions to my Department and to the Joint Oireachtas Committee on Justice, Defence and Equality. The aim is to strengthen the safeguards contained in this legislation so that persons with capacity difficulties can exercise decision-making autonomy to the greatest extent possible. It is intended that Committee Stage will take place during this legislative session and that the Bill will be enacted this year.
330. Deputy Micheál Martin asked the Minister for Justice and Equality if she will report on her meeting on 28 January 2015 with a group of personal insolvency practitioners; and if she will make a statement on the matter. [5892/15]
View answerAt the end of January, the Taoiseach, Tánaiste and I met with representatives of the Insolvency Service of Ireland (ISI) and a selection of Personal Insolvency Practitioners (PIPs) in order to hear first-hand the PIPs' experience of working to put arrangements in place between people struggling with debt and their creditors.
While some financial institutions are constructively engaging in the process, clearly, others are not.
A number of suggestions were made by the PIPs with a view to improving engagement by creditors in the process.
I am considering those suggestions, and proposals received from a range of stakeholders, in the context of the review of the operation of the insolvency legislation to ensure that the ISI has the powers necessary to support families willing to work their way through their debt problems. This review follows the commitment in the Statement of Government Priorities 2014-2016.
331. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding a temporary visa for Ukrainian citizens (details supplied) from the conflict area in Ukraine living in Dublin 3; and if she will make a statement on the matter. [5455/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) in my Department, that there is no specific programme in place for residents of the Ukraine to travel to escape the conflict there. It is, of course, open to the family of the Irish citizen concerned to apply at any time for a visa to travel to Ireland. Any such application will be considered taking all the circumstances of the applicant(s) into account. However, the Deputy will be aware that our visa system is not intended to be a protection system.
Visa applications for Ukrainian nationals are processed by the dedicated Irish Visa Office in Moscow, which is a sub-office of INIS. This office handles all aspects of visa applications. Where it is unsafe or difficult for applicants to travel from their region to Kiev to submit their supporting documentation (including passports) to the Irish Honorary Consulate there, they may submit this documentation by post or courier directly to the visa office in Moscow or to the Irish Embassy in Warsaw.
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.
Guidelines on the visa application process, including details of the required supporting documentation can be found on the website of the Irish Naturalisation and Immigration Service 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.
332. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a matter (details supplied) regarding policing. [5505/15]
View answerAs 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 been informed by the Garda Commissioner that the personnel strength of Clontarf Garda Station on 31 December 2014, the latest date for which figures are readily available, was 68. There are also four Garda Reserves and one civilian attached to Clontarf Garda Station.
As the Deputy will be aware, 100 new recruits entered training at the Garda College in Templemore in September 2014, the first intake of Garda recruits since 2009. This was followed by an intake of a further 100 new recruits in December and another 100 last week. This has brought the number of recruits in the Garda College to 300 and is a measure of this Government's commitment to the Garda Síochána. The first intake of recruits will attest as members of An Garda Síochána in May of this year and will be assigned to Garda Stations by the Garda Commissioner. The Garda Commissioner, will of course, continue to keep the needs of Clontarf Garda Station under review within the overall context of the needs of Garda Divisions throughout the country.
333. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide, in tabular form, the number of gardaí in the force for each year from 2007 to 2015 to date; the number of gardaí in the Dublin metropolitan area in the same period; the number of recruits graduating from Templemore in the same period; and the number of gardaí expected to graduate from Templemore during the remainder of 2015. [5562/15]
View answerAs 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 arranged to send detailed tables of the information which the Deputy has requested directly to him.
336. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality her plans, if any, to review and, if necessary, to amend the 1986 regulations contained in Statutory Instrument No. 15 of 1986, specifically in relation to Order 40, subsections (6), (9) and (15), which impose a strict requirement for the accurate inclusion of the prescribed information in all circumstances; and if she will make a statement on the matter. [5640/15]
View answerThe Statutory Instrument to which the Deputy refers comprises the Rules of the Superior Courts 1986. The Superior Court Rules Committee is established under the Courts of Justice Act 1936, as amended, and its statutory remit is to make, annul, or alter rules of court to provide for the practice and procedure of the Superior Courts. This power is exercised with the concurrence of the Minister for Justice and Equality. Any amendment to the Rules of the Superior Courts is, of course, a matter for the Superior Courts Rules Committee.
Order 40 rule 15 of the Rules of the Superior Courts, which confers a discretion on the court to accept an affidavit sworn for use in court proceedings notwithstanding certain defects in the form of the affidavit, is a long established provision of court procedure - indeed, one which has been in place long before the introduction of the 1986 Rules. The discretion concerned is entirely a matter for the courts, and is exercised in accordance with principles established through case-law.
337. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 325 of 23 September 2014, the reason the Garda Commissioner has not yet furnished the information sought; and if she will rectify the matter. [5667/15]
View answerI wish to refer the Deputy to my letter of 09 February 2015 which contains the information sought.
338. Deputy James Bannon asked the Minister for Justice and Equality the steps in place to refuse the right of citizens from other European Union member states, with serious criminal records, from entering and remaining here; and if she will make a statement on the matter. [5693/15]
View answerI refer the Deputy to my reply to his previous question (No. 328) dated 20 January 2015.
The Deputy will be aware that under the provisions of various EU legal instruments nationals of the EU Member States and the European Economic Area enjoy freedom of movement rights within the general area of the Union. Freedom of movement is subject to limitations and conditions and a Member State may refuse an EU national the right of entry or residence on the grounds of public policy, public security or public health. Measures affecting freedom of movement and residence must be based on the personal conduct of the individual concerned, and such conduct must represent a sufficiently serious and present threat to fundamental interests of the state.
Where any person, who is not a citizen of Ireland or the United Kingdom of Great Britain and Northern Ireland, who is resident in the State, is known or suspected to have engaged in criminal activity, An Garda Síochána may provide relevant information to the Irish Naturalisation & Immigration Service (INIS) for the purpose of consideration being given to initiating a process for the purpose of arranging for their removal from the State. In the case of an EU national, this is done pursuant to Regulation 20 of the European Communities (Free Movement of Persons) Regulations 2006.
It is also the case that any person residing in or visiting the State who is alleged to have committed a criminal offence in the jurisdiction will be made amenable to and subject to the laws of the State.
339. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of Garda personnel in each Division who availed of a three-year career break in each year during which the facility was available; the number expected to return to their positions and when; and if she will make a statement on the matter. [5706/15]
View answerThe Incentivised Career Break Scheme for members of An Garda Síochána is part of the agreed terms set out in the Public Service Stability Agreement 2013 - 2016 (The Haddington Road Agreement). Appendix 3, the Collective Agreement for An Garda Síochána, provides that, among other things, the use of short-term career breaks, Incentivised career breaks, unpaid leave and family friendly schemes will also be made available. This agreement was entered into between the Garda Staff Associations and the management side. An incentivised Career Break for An Garda Síochána was announced on 7 March 2014.
The terms of the Scheme stated that a Garda member could commence the career break from 7 March 2014 but no later than 28 February 2015. The commencement date could be postponed only in the event that a member was on maternity leave on 28 February 2015 or if a decision was deferred in accordance with a discipline action. The latest date for returning from the incentivised Career Break is the 28 February 2018, unless the date was deferred for one of the reasons stated above. It is expected that all Garda personnel will return to duty on the expiry of their three year career break with 81 expected to return before the end of 2017 and the remaining 110 returning in 2018.
A breakdown of the number of Garda members who commenced their incentivised Career Break in 2014 and 2015, by Division is below.
|
Division |
Number Commenced Career Break in 2014 |
Number commencing Career Break in 2015 |
|
CAVAN / MONAGHAN |
4 |
|
|
CHANGE MANAGEMENT |
1 |
|
|
CLARE |
2 |
4 |
|
CORK CITY |
3 |
9 |
|
CORK NORTH |
1 |
|
|
CORK WEST |
2 |
|
|
CRIME AND SECURITY |
1 |
|
|
D.M.R. EAST |
6 |
7 |
|
D.M.R. NORTH |
6 |
8 |
|
D.M.R. NORTH CENTRAL |
6 |
12 |
|
D.M.R. SOUTH |
1 |
4 |
|
D.M.R. SOUTH CENTRAL |
9 |
12 |
|
D.M.R. WEST |
1 |
6 |
|
DIRECTORATE FINANCE |
1 |
|
|
DONEGAL |
2 |
2 |
|
G.N.I.B. |
1 |
1 |
|
GALWAY |
3 |
2 |
|
KERRY |
1 |
|
|
KILKENNY/CARLOW |
1 |
3 |
|
LAOIS / OFFALY |
4 |
1 |
|
LIAISON & PROTECTION |
2 |
2 |
|
LIMERICK |
3 |
9 |
|
LOUTH |
1 |
1 |
|
MAYO |
4 |
1 |
|
MEATH |
1 |
3 |
|
N.B.C.I. |
1 |
|
|
NATIONAL SUPPORT SERVICES |
1 |
|
|
OPERATIONAL SUPPORT UNIT |
1 |
|
|
ROSCOMMON / LONGFORD |
1 |
1 |
|
S.D.U. |
1 |
|
|
SECURITY & INTELLIGENCE |
3 |
|
|
SLIGO / LEITRIM |
2 |
|
|
TECHNICAL BUREAU |
1 |
|
|
TIPPERARY |
2 |
1 |
|
TRAFFIC DIVISION (DMR) |
3 |
|
|
WATERFORD |
3 |
|
|
WESTMEATH |
2 |
1 |
|
WEXFORD |
1 |
5 |
|
WICKLOW |
6 |
1 |
|
Total |
81 |
110 |
340. Deputy Pat Deering asked the Minister for Justice and Equality the deterrents in place for young persons under 12 years of age who are stealing from shops and businesses in County Carlow. [5713/15]
View answerAs the Deputy will be aware, the age of criminal responsibility was effectively raised from 7 to 12 years under Part 5 of the Children Act 2001, as substituted by Section 129 of the Criminal Justice Act 2006, which came into force on the 16th October 2006. No child under the age of 12 years can be charged with an offence. An exception is made for 10 and 11 year-olds charged with murder, manslaughter, rape, rape under Section 4 of the Criminal Law (Rape) (Amendment) Act, 1990 or aggravated sexual assault. In addition, the Director of Public Prosecutions must give consent for proceedings to continue against any child under the age of 14 years that has been charged with an offence.
Section 53 of the Children Act 2001 sets out a series of clear steps which a member of An Garda Síochána should undertake when dealing with any child under the age of criminal responsibility who commits an offence
1. The Garda should take the child to its parent or guardian.
2. Where the Garda has reasonable grounds for believing that the child is not receiving adequate care or protection, the Garda shall inform the HSE of the child's name, address and age and the circumstances in which the child came to the attention of An Garda Síochána.
3. Where it is not practicable for the child to be taken to his or her parent or guardian, the member of An Garda Síochána concerned may give the child, or arrange for the child to be given, into the custody of the health board for the area in which the child normally resolves.
4. Where the Garda has reasonable grounds for believing (a) that there is an immediate and serious risk to the health and welfare of the child, and (b) that it would not be sufficient to await an emergency care order, the Garda may remove the child to safety.
Section 53(4) of the Children Act states that it is the duty of the HSE to apply for a care order or supervision order (in accordance with the Child Care Act 1991) where it appears to the HSE that the child is unlikely to receive the care and protection it requires under the circumstances described above.
The Deputy will be aware that the functions of the Health Service Executive under the Children Act 2001, as amended, transferred to Tusla, the Child and Family Agency under the Child and Family Agency Act 2013. In the circumstances you may wish to contact Tusla, which comes under the remit of my colleague the Minister for Children and Youth Affairs, about their role in relation to such children.
342. Deputy Derek Nolan asked the Minister for Justice and Equality the reason there has been a delay of over eight months in processing the citizenship application of two persons (details supplied) in County Galway, considering that their application for certification of naturalisation was approved in July 2014; and if she will make a statement on the matter. [5715/15]
View answerAs 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 by the Irish Naturalisation and Immigration Service (INIS) of my Department that further necessary evaluation of the cases is ongoing. As soon as enquiries are complete, my officials will be in further contact with the persons concerned.
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.
