Tuesday, 24 Mar 2015

Written Answers Nos. 506-520

Garda Operations

Questions (506, 507)

Ruth Coppinger

Question:

506. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on an incident on Henry Street, Dublin, on 13 March 2015 (details supplied). [11956/15]

Ruth Coppinger

Question:

507. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the proper use of pepper spray by members of an Garda Síochána. [11957/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 506 and 507 together.

In view of the fact that the Garda Síochána Ombudsman Commission has launched a public interest investigation into the incident referred to by the Deputy under powers granted to them by Section 102(4) of the Garda Síochána Act 2005, it would not be appropriate for me to comment on the matter while this investigation is ongoing.

However, on the general issue raised by the Deputy I can say the following.

The fundamental principle underpinning Garda operational actions is the need to ensure compliance with the requirements of legality, necessity, proportionality and accountability. This principle is also to be applied in a non-discriminatory manner in accordance with their obligations under the European Convention of Human Rights. In carrying out their duties, members of An Garda Síochána shall, as far as practicable and in so far as the circumstances dictate, consider non-physical means prior to resorting to the use of force.

A detailed manual on Garda policy and procedures in relation to the use of incapacitant spray can be viewed on the Garda website (www.garda.ie/Documents/User/Incapacitant%20Spray%20-%20Policy%20and%20Procedures.pdf). The manual sets out the detailed considerations which must always be taken into account by a member of the Garda Síochána before using incapacitant spray. Any use of incapacitant spray, as with any use of force in general, must be in accordance with law, in particular the law on the use of force set out in the Non-Fatal Offences Against the Person Act 1997. In effect, the use of incapacitant spray must be necessary and must be reasonable in the circumstances.

Garda members are trained in the lawful use of incapacitant spray and, as the manual makes clear, are individually responsible and answerable for their actions in its use. It is also the case that every incident where incapacitant spray is deployed is notified to the Garda Síochána Ombudsman Commission, which can investigate any question of misuse.

I believe, therefore, that comprehensive policy and procedures in relation to the use of incapacitant spray, and appropriate safeguards to ensure compliance with those standards, are in place within An Garda Síochána.

Legislative Process

Questions (508)

Finian McGrath

Question:

508. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on a matter (details supplied) regarding the wards of court system; and if she will make a statement on the matter. [11969/15]

Written answers

Minister for Justice and Equality

The system of wardship will be abolished under the provisions of the Assisted Decision-Making (Capacity) Bill 2013 which proposes a modern statutory framework to support decision-making by adults with capacity difficulties. The Bill provides for the replacement of the adult Wards of Court system with a less intrusive system which offers a continuum of options to support people in maximising their decision-making capability. 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. My aim is that the Bill will be enacted this year.

Jurisdiction in Wards of Court matters is vested in the High Court. The Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and, therefore, it is not open to me as Minister to comment in any way. Section 4(3) of the Courts Service Act 1998 provides that the Courts Service is independent in the performance of its functions, which are specified in section 5 and includes the management of the Courts. Court funds which are held for the benefit of Wards of Court are private funds under the control of the High Court and managed by the Courts Service on behalf of the Court.

Services for People with Disabilities

Questions (509)

Joan Collins

Question:

509. Deputy Joan Collins asked the Minister for Justice and Equality the reason there has been no response to date to the five priorities (details supplied) from the Irish Deaf Society made to her in November 2013 and a commitment from her to consider the priorities with a response by spring 2014. [11990/15]

Written answers

Minister of State at the Department of Justice and Equality

The Programme for Government includes a commitment to "examine different mechanisms to promote the recognition of Irish sign language" and this process is ongoing. It is not the case that there has been no follow up and in fact the National Disability Authority (NDA) facilitated consultations with the Deaf Community in Ireland at my Department's request in relation to actions that could make improvements in the lives of deaf people. Submissions received as part of that process informed the National Disability Strategy Implementation Plan which was published in July 2013.

As part of the follow-up to that initiative, the first special themed meeting of the National Disability Strategy Implementation Group (NDSIG) focused on the issue of Irish Sign Language on 28 November 2013 to which the Deputy refers. This meeting brought together representatives of relevant Departments, the NDA, the Deaf Community and other relevant stakeholders with a view to further progressing the inclusion of actions for the Strategy in this regard.

The meeting reviewed the current situation across Government Departments and their Agencies with regard to promoting recognition of Irish Sign Language, including in service provision, and provided the Deaf Community with the opportunity of presenting their experience of interaction with the Public Sector. It also provided a useful opportunity to examine mechanisms which could promote the further use and recognition of Irish Sign Language and understand practical implications for service users. Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities. This report was submitted to my predecessor for consideration in May 2014 and was then circulated to Departments in November 2014 for their observations. The intention now is that the recommendations from this report will be reflected as appropriate in the next Implementation Plan to take effect as from 1 January 2016, through the incorporation of new actions and related performance indicators and timelines. Progress on all relevant actions will then be monitored as part of the Implementation Plan monitoring process. The focus therefore remains on the identification of mechanisms for the further promotion and recognition of Irish Sign Language with a view to promoting and supporting its use, thereby improving service delivery on the ground.

Garda Powers

Questions (510)

Clare Daly

Question:

510. Deputy Clare Daly asked the Minister for Justice and Equality if An Garda Síochána carried out an inspection of two military aircraft belonging to the United States of America at Shannon Airport on 11 March 2015, namely a United States of America Navy Lockheed C-130T Hercules, number BD5379, and a United States of America Marines KC-130J super Hercules, as they had been requested to do by a member of the public who had serious concerns about international law being breached; and if she is satisfied with this response. [11993/15]

Written answers

Minister for Justice and Equality

An Garda Síochána did not carry out an inspection of two US Military aircraft at Shannon Airport on 11 March 2015. They have no role in relation to the inspection of foreign State or military aircraft to which, in accordance with international law, sovereign immunity attaches.

Registration of Title

Questions (511)

Niall Collins

Question:

511. Deputy Niall Collins asked the Minister for Justice and Equality the process for registration of a right of way on private lands; if a register of rights of way is kept and by whom; and if she will make a statement on the matter. [12009/15]

Written answers

Minister for Justice and Equality

The position is that section 69 of the Registration of Title Act 1964 makes provision for the registration of any easement created by express grant or registration following first registration of the land. Moreover, Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 has updated the law concerning the acquisition of easements, including rights of way, based on earlier recommendations of the Law Reform Commission. Section 35 of the 2009 Act, which entered into operation on 1 December 2009, contains specific provisions in respect of easements acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned. It originally provided that such an easement would be acquired at law only on registration in the Land Registry or the Registry of Deeds of a court order under that section. Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the 2009 Act and the Registration of Title Act 1964 which simplify the procedures for acquiring easements based on prescription. These amendments permit the Property Registration Authority to register such easements without a court order under section 35 of the 2009 Act where the Authority is satisfied that there is an entitlement to it. However, where the Authority is not satisfied that there is such an entitlement, e.g. where there is disagreement as to its existence between the parties concerned, a court order under section 35 of the 2009 will continue to be required. This is similar to the procedure which applies in respect of applications for registration of title based on adverse possession of the land. The updated rules applicable to the new arrangements are set out in the Land Registration Rules which are available on the Authority's web site (www.prai.ie).

Garda Vetting Applications

Questions (512)

Jack Wall

Question:

512. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding Garda Síochána clearance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12018/15]

Written answers

Minister for Justice and Equality

I am informed by the Garda authorities that the Garda Central Vetting Unit (GCVU) has no application for vetting on hand in respect of the person to whom the Deputy refers. In the circumstances I can only suggest that the person contacts the registered organisation involved.

Records indicate that the most recent vetting application on behalf of this person was processed and returned to the Authorised Signatory in the registered organisation concerned on 6 October 2014.

Housing Issues

Questions (513)

Michael McGrath

Question:

513. Deputy Michael McGrath asked the Minister for Justice and Equality the legislative steps taken to date against so-called gazumping by preventing the vendor of a residential property from accepting further offers for the purchase of that property having accepted a deposit from an initial purchaser or to give such an initial purchaser an entitlement to compensation from a vendor who accepts a further offer despite having accepted a deposit from that initial purchaser; and if she will make a statement on the matter. [12025/15]

Written answers

Minister for Justice and Equality

The position is that instances of gazumping normally arise where a non-enforceable agreement for the sale of property at a particular price is reached between a vendor and intending purchaser but subsequently the vendor refuses to complete a formal contract and sells the property to another purchaser for a higher price. The non-enforceable relationship between the original parties is preserved by use of the term "subject to contract".

The problems associated with gazumping were examined in detail by the Law Reform Commission in its 1999 "Report on Gazumping" (LRC 59-1999). The Commission noted that delays arising between the conclusion of negotiations and completion of the formal contract were usually for the benefit of the intending purchaser, e.g. to ensure the availability of funding for that property, or to ascertain if there were any legal difficulties in relation to the title. The Commission concluded that the only practicable reforms were to improve the information available to intending purchasers and to regulate the terms according to which booking deposits are paid and accepted. It did not recommend any specific legislative reforms to the legal framework within which gazumping occurs.

The issue was subsequently considered by the Auctioneering/Estate Agency Review Group in its 2005 Report to the Minister for Justice, Equality and Law Reform. The Review Group noted that intending vendors retain the right to raise or lower their asking price or to withdraw their property from sale, and purchasers can also reduce their offers or withdraw from an intended purchase at any time before the contracts are signed by both parties. The Group endorsed the conclusion of the Law Reform Commission that "the only practicable reforms are to take steps to inform buyers and, in that way, to protect them".

The Property Services Regulatory Authority, which has been established under the Property Services (Regulation) Act 2011, has published a detailed “Guide for Users of Property Services Providers in Ireland" which explains the legal position in relation to gazumping and related matters such as payment of deposits and signing of contracts. The Guide is available on the Authority's web site (www.psr.ie).

Visa Applications

Questions (514)

Jack Wall

Question:

514. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding a visa application in respect of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [12031/15]

Written answers

Minister for Justice and Equality

Visa applications from the two persons referred to by the Deputy are currently being processed by the INIS Visa Office in New Delhi.

I am informed by my officials that there are some outstanding documents awaited from the sponsor in Ireland which has resulted in a delay in processing. I am also informed that a decision will issue after receipt of these documents.

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.

Legislative Process

Questions (515)

Pat Rabbitte

Question:

515. Deputy Pat Rabbitte asked the Minister for Justice and Equality when the Assisted Decision-Making (Capacity) Bill 2013 will be considered at Report and Final Stages; and if she will make a statement on the matter. [12040/15]

Written answers

Minister for Justice and Equality

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. My intention is that we will proceed to Dáil Committee Stage in the next two months with Report and Final Stages before the summer recess. My aim is that the Bill will be enacted this year.

Legislative Measures

Questions (516)

Niall Collins

Question:

516. Deputy Niall Collins asked the Minister for Justice and Equality her plans to reduce the period for a mortgage judgment to expire from 12 years to a lesser number of years; and if she will make a statement on the matter. [12071/15]

Written answers

Minister for Justice and Equality

The position is that Part 11 of the Land and Conveyancing Law Reform Act 2009 contains statutory provisions concerning the registration of judgment mortgages. Section 116 of the 2009 Act provides that a creditor who has obtained a judgment against a person may apply to the Property Registration Authority to register a judgment mortgage against that person's estate or interest in land. The effect of registration of a judgment mortgage is to charge the judgment debtor's estate of interest in the land with the judgment debt and entitles the judgment mortgagee to apply to court for a well-charging order or other order for enforcement of the judgment mortgage.

While there is no requirement to re-register a judgment mortgage in order to maintain its validity or enforceability against the land or a purchaser of the land, the application of relevant provisions in the Statute of Limitations 1957 means that court proceedings may not be commenced following expiry of a limitation period of twelve years from the date on which the right of action accrued. In the case of a judgment mortgage, the right of action accrues from the date on which the judgment becomes enforceable and not the date on which it is registered as a judgment mortgage. As regards a reduction in the current limitation period, the risk is that any such reduction might simply trigger earlier commencement of court proceedings since the commencement of such proceedings operates to suspend application of limitation periods under the Statute of Limitations. While I have no current plans to amend the law in this area, the matter is being kept under review by my Department.

Proposed Legislation

Questions (517)

Derek Nolan

Question:

517. Deputy Derek Nolan asked the Minister for Justice and Equality when she will finalise legislation to deal with Ireland's prostitution laws on foot of last year's Oireachtas joint committee's report on this issue; and if she will make a statement on the matter. [12106/15]

Written answers

Minister for Justice and Equality

On 27 November, I published the General Scheme of a Criminal Law (Sexual Offences) Bill which includes two new offences of purchasing, in the context of prostitution, sexual services.

The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.

These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation from the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services.

The Bill is priority legislation and is currently being drafted. It is my intention to publish the Bill in the current parliamentary session.

Vehicle Registration

Questions (518, 519)

Catherine Murphy

Question:

518. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of vehicles that have been detected while using cloned or false vehicle registration plates in each of the past five years, by county; and if she will make a statement on the matter. [12138/15]

Catherine Murphy

Question:

519. Deputy Catherine Murphy asked the Minister for Justice and Equality the measures that are in place to inhibit the manufacture and use of cloned or false vehicle registration plates which can be used to avoid detection related to a range of offences, such as car toll payments, illegal dumping and car theft; and if she will make a statement on the matter. [12139/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 518 and 519 together.

I have sought the detailed views of an Garda Síochána in relation to the matter raised by the Deputy and I will be in contact directly when information is available.

Garda Misconduct Allegations

Questions (520)

Michelle Mulherin

Question:

520. Deputy Michelle Mulherin asked the Minister for Justice and Equality the way the independent review panel for allegations of Garda misconduct or inadequacies in Garda investigations is operating; in the case where the matter is the subject of the complaint and is also the subject of a criminal prosecution, the way this affects the conduct of the review; and if she will make a statement on the matter. [12140/15]

Written answers

Minister for Justice and Equality

The Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. This was one of the actions agreed by Government as a response to the Guerin report. A panel consisting of two Senior and five Junior Counsel, all selected on the basis of their experience of the criminal justice system, was established for the purpose.

The independent review is now underway, and is currently examining 318 cases which have been referred to them. The volume and complexity of cases has led to the review taking somewhat longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. Counsel are making every effort to conclude their work as soon as reasonably practicable.

Counsel have been asked to make a recommendation to me on what action, if any, might be appropriate in each case. It is open to the review mechanism to make recommendations as they see fit in relation to each case. In making a recommendation they would, however, have to take account of the doctrine of the separation of powers which prevents me, as a Minister of the Government, from intervening in a matter which is either before the Courts, whether criminal or civil, or which has been the subject of a decision by the Courts.