Written Answers Nos. 529-545
529. Deputy Gabrielle McFadden asked the Minister for Justice and Equality the average time it takes for the firearms section of her Department to process applications for import and export licences for non-military firearms; if she is satisfied that there is sufficient staff to process such applications; and if she will make a statement on the matter. [37333/15]
View answer530. Deputy Gabrielle McFadden asked the Minister for Justice and Equality her views on the concerns of a company (details supplied) regarding delays in the processing of applications for licences to import and export non-military firearms for its hunting and fishing business; and if she will make a statement on the matter. [37334/15]
View answerI propose to take Questions Nos. 529 and 530 together.
I can inform the Deputy that there are no delays in processing application forms for import and export licenses for firearms and/or ammunition within my Department. The time taken to process an application to finality can be prolonged by the lodging of incorrect information by the applicant. When incorrect information is provided by an applicant, the matter is dealt with expeditiously by the staff in my Department in accordance with the Department's customer service policy and the applicant is contacted and advised to re-submit correct information.
As a general rule, applications are processed within 10 working days and in many instances in a lesser period. The recent postal strike may have led to delivery of licences later than usual.
531. Deputy Pearse Doherty asked the Minister for Justice and Equality her plans to reduce the bankruptcy term from three years to one year; and if she will make a statement on the matter. [37322/15]
View answerAs the Deputy is aware, a proposal to reduce the bankruptcy period to one year is contained in a Private Members Bill published by Deputy Willie Penrose earlier this year.
At my request, the Oireachtas Joint Committee on Justice, Defence and Equality considered the general question of bankruptcy reform and reported to me on 8 July on the matter. It recommended, inter alia, a 1 year bankruptcy term.
The Joint Committee's report is at present under examination in my Department, and I intend to bring the matter to Government in due course. Over this period I and my Department have been concentrating on putting into place a range of measures regarding the Government Action Plan on support to borrowers in Mortgage Arrears, including the enactment and entry into force of the Personal Insolvency Amendment Act 2015.
532. Deputy Catherine Murphy asked the Minister for Justice and Equality if she will indicate, in respect of State boards under her Department's remit, the name of each appointee made from 7 March 2011 to date in 2015; the date of appointment; whether each appointee came through an advertised public application process; the number of vacancies which currently exist on State boards under her remit; and if she will make a statement on the matter. [37366/15]
View answerI wish to advise the Deputy that it has not been possible to provide the data sought in the time available for reply.
I will arrange for the requested information to be forwarded to the Deputy in the near future.
533. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current status in determining residency on the basis of the Zambrano judgment in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [37342/15]
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, on a Stamp 4 basis, until October, 2018 on the basis of her parentage of an Irish citizen child. This decision was conveyed in writing to the person concerned by letter dated 28 October, 2015.
The Deputy will be aware that 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.
534. Deputy Patrick O'Donovan asked the Minister for Justice and Equality for details of the legal practitioners who were paid for free legal aid in 2014 and the number of cases, by county, in tabular form; and if she will make a statement on the matter. [37384/15]
View answer536. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the amounts paid to legal practitioners for criminal and civil legal aid in 2014, including the number of cases in respect of each practitioner, in tabular form; and if she will make a statement on the matter. [37381/15]
View answer606. Deputy Patrick O'Donovan asked the Minister for Justice and Equality details of the successful applications for free legal aid, both criminal and civil, by county and by cost per county, in 2014, in tabular form; and if she will make a statement on the matter. [37158/15]
View answerI propose to take Questions Nos. 534, 536 and 606 together.
As the Deputy is aware, the provision of legal aid falls within two separate categories, i.e. civil legal aid and criminal legal aid. Details in respect of both categories are outlined below. However, there is a large volume of information in tabular format, contained in 5 Appendices, which I am forwarding to the Deputy directly.
Civil Legal Aid
New Applications:
In relation to civil legal aid the Legal Aid Board operates 29 general full time law centres in 23 different counties. Appendix 1 (forwarded to the Deputy directly) giving the number of new applicants in each of the counties in which the Board has a full time presence (the Board has five law centres in Dublin and two law centres in both Cork and Galway respectively). Persons seeking legal services can apply at any law centre and are not required to apply within the county in which they reside. The Board also operates part time law centres in the counties where it does not have a full time presence. Each of these part-time centres is overseen by a full time centre and the numbers getting services at these centres are included in the applications figure for the full time centre.
Cost for each county:
In 2014, the Legal Aid Board received total Exchequer funding of €32.574 million. The Board also generated its own income of €2.63 million, largely through contributions from clients towards the cost of the service and costs recovered, giving a total budget of just over €35.2 million.
In respect of the civil legal aid operations, legal services are provided from 29 law centres throughout the country and a small number of specialist units, with administrative offices in Cahirciveen and Dublin supporting these law centres.
I am (forwarding to the Deputy directly) the cost of operating these centres by county during 2014.
Legal Practitioners:
The total amount paid to legal practitioners for civil legal aid in 2014 was €6.7m.
The Board does not maintain information on the number of cases dealt with by each practitioner, nor does it maintain information on payments to legal practitioners on a county by county basis. I am however forwarding to the Deputy directly a list of total payments made to each legal practitioner. The Board does not maintain information on the number of cases each practitioner is paid for.
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act, 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings.
Criminal prosecutions originate in the District Court and if so satisfied, the Judge will grant a criminal legal aid certificate. Figures are not kept in such a way as to be able to provide a breakdown by county of the number of certificates granted for criminal legal aid and the cost for each county. The Courts Service has informed my Department that the number of legal aid certificates granted in the District Court in 2014 was 51,128. Material being forwarded to the Deputy directly gives a breakdown of the number of legal aid certificates issued by Court area. Expenditure on criminal legal aid in 2014 was €49.9 million.
I am also forwarding to the Deputy directly a list detailing payments made under the Criminal Legal Aid Scheme to solicitors and barristers in 2014. It is not possible to provide details by county for 2014 of the legal practitioners that were paid for free legal aid and the number of cases each practitioner was paid for. This information is not readily available and could not be compiled without disproportionate use of staff resources.
535. Deputy Michael McGrath asked the Minister for Justice and Equality the position regarding the programme for Government's commitment to legislate to establish a judicial council, with lay representation; if she will provide an effective mechanism for dealing with complaints against judges; and if she will make a statement on the matter. [37385/15]
View answer557. Deputy John Paul Phelan asked the Minister for Justice and Equality the current position and activities of the judicial council; and if she will make a statement on the matter. [37599/15]
View answerI propose to take Questions Nos. 535 and 557 together.
The Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the proposed Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate the investigation of allegations of judicial misconduct and which will be independent in the performance of its functions. Those functions will include
- the consideration and investigation of complaints
- the preparation and submission to the Board of the Council of draft guidelines concerning judicial conduct and ethics.
- the making of regulations setting procedures for the consideration and investigation of complaints.
An Interim Judicial Council has been established by the judiciary pending enactment of the Bill.
The Government Legislative Programme which was published on 22 September includes the Judicial Council Bill amongst those Bills which are expected to be published in the period from the commencement of the current Dáil session to the start of the next session. My Department is working closely with the Office of the Attorney General to bring the Bill to a timely conclusion and I remain committed to advancing this legislation within a speedy timeframe.
537. Deputy Clare Daly asked the Minister for Justice and Equality the outcome of the 320 cases before the internal review mechanism; the number where no further action was recommended; further action was recommended; and of these, the nature of the action recommended. [37400/15]
View answerA panel consisting of two senior and five junior counsel was established for the purpose of conducting the Independent Review Mechanism to which the Deputy refers.
The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, notification letters have issued in respect of 259 cases. Letters will continue to issue to all complainants until the process is completed.
I have previously assured Deputies that where further investigation is recommended by the review then that will occur. Where cases have resulted in recommendations for further action, including referral to the Garda Síochána Ombudsman Commission (GSOC), requesting a report from the Garda Commissioner in accordance with section 41(2) of the Garda Síochana Act 2005, etc, I have accepted those recommendations.
As I have already stated, it is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel.
538. Deputy Clare Daly asked the Minister for Justice and Equality if she will request the Garda Síochána Inspectorate to examine allegations made by a person which have repeatedly been brought to her attention and to the attention of her predecessor over a period of years, in relation to the murder of a person (details supplied). [37401/15]
View answerThe particular case to which the Deputy refers is amongst those considered under 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, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
The Panel established for that purpose has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted, to ensure that they are a fair and accurate reflection of the recommendation.
The issuing of notification letters to complainants commenced on 29 June. To date, 259 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, including the individuals referred to in this case, until the process is completed.
I have previously assured Deputies that where further investigation is recommended by the review then that will occur. It is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel.
539. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if resources will be allocated directly to the Garda Síochána traffic corps, given recent worrying reports of the low conviction rates for drink driving offences; if she envisages any changes to the Courts Service Act 1998, given the low level of convictions of drink driving prosecutions; and if she will make a statement on the matter. [37481/15]
View answerThe Deputy will appreciate that road traffic legislation, including the relevant provisions for the prohibition of driving while under the influence of an intoxicant or of exceeding alcohol limits, is the responsibility of my colleague the Minister for Transport, Tourism and Sport. I can assure the Deputy that there is regular interaction between all the relevant agencies in relation to the ongoing review and development of road safety matters.
The Deputy will also appreciate the Garda Commissioner is responsible for the distribution of personnel, including the Traffic Corp, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources. It is important to note that roads policing is the duty of every Garda member, this duty is not reserved for Garda members of the Traffic Corps Units. As part of this enforcement policy members of An Garda Síochána carry out planned and ‘ad hoc’ checkpoints as required, including mandatory alcohol testing (MAT) checkpoints.
Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. The Deputy may be aware that the Courts Service recently indicated that in relation to cases fully heard and decided upon by the District Courts average conviction rates for drink driving offences in recent years are between 85-88%. Such outcomes are a matter which is wholly the responsibility of the courts and as the Deputy will appreciate judges are independent in the exercise of their judicial functions, subject only to the Constitution and the law. I currently have no plans to amend the Courts Service Act 1998.
540. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of burglaries and thefts that were reported and detected in County Kerry in 2013 and 2014; and from 1 January 2015 to 30 June 2015; and the number of convictions that went through the courts afterwards; and if she will make a statement on the matter. [37482/15]
View answerAs the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.
In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy.
541. Deputy Seán Kenny asked the Minister for Justice and Equality the number of Garda Síochána public service vehicle inspectors allocated to each division in 2013 and in 2014; and if she will make a statement on the matter. [37492/15]
View answerAs the Deputy will appreciate the Garda Commissioner is responsible for the distribution of personnel, including Garda Public Service Vehicle Inspectors, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.
I have requested the specific information requested by the Deputy from the Garda Commissioner and on receipt of same I will write directly to him.
542. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in having an application for asylum by a person (details supplied) in County Longford reviewed; and if she will make a statement on the matter. [37422/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended) was issued to the person concerned on 13th October, 2015. The case of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement.
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.
543. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question Number 129 of 8 October 2015, why a person (details supplied) in County Cork has been in direct provision for so long; and if she will make a statement on the matter. [37428/15]
View answerThe Deputy will be aware from my response to Question No. 129 of 8 October, 2015 that, in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants, it is not the practice to comment on individual protection applications.
The Deputy will also be aware that the Report of the Working Group on Improvements to the Protection process, including Direct Provision and Supports to Asylum Seekers, was published on 30 June, 2015.
The Report identifies the excessive length of time in the protection system as the most significant issue facing those in Direct Provision. I am committed to tackling the lengthy delays in the protection system. A number of initiatives have already been taken to deal with the number of cases on hand including the scheduling of interviews of applicants on Saturdays, the transfer of subsidiary protection application processing to the Office of the Refugee Applications Commissioner, the establishment of a legal panel to assist the Commissioner with this work, and the appointment of additional members to the Refugee Appeals Tribunal.
The Government has also decided to bring forward as a major priority the International Protection Bill which will provide for the introduction of a single applications procedure for international protection. This reform will simplify and streamline the existing arrangements and provide applicants with a final decision on their protection application in a more straightforward and timely fashion and will also, as a consequence, reduce the length of time applicants spend in the Direct Provision system. The Bill is expected to be published shortly.
544. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of road traffic accidents reported to An Garda Síochána at a location (details supplied) in County Kerry in recent years; and if she will make a statement on the matter. [37436/15]
View answerI am advised by the Garda authorities that data in relation to the number of road traffic collisions is available on a Divisional basis only. The following table details the collision figures for the Kerry Division for the periods 2012, 2013, 2014 and to 2 November, 2015. These figures are provisional, operational and subject to change.
Number of Road Traffic Collisions for the Kerry Division
|
Collision Type |
2012 |
2013 |
2014 |
2015* |
Total |
|
Fatal |
5 |
12 |
13 |
7 |
37 |
|
Serious Injury |
15 |
17 |
15 |
12 |
59 |
|
Non Serious Injury |
137 |
140 |
184 |
142 |
603 |
|
Material Damage Only |
930 |
1,022 |
1,072 |
944 |
3,968 |
|
Total |
1,087 |
1,191 |
1,284 |
1,105 |
4,66 |
*as at 2 November, 2015
545. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of fixed charge notices that were issued to persons for speeding; the number of these persons, who paid within the 56-day period; who were issued summonses; who were convicted, by District Court area; and of those convicted, the number who had their licence number recorded, in 2013; in 2014; and from 1 January to 31 March 2015; and if she will make a statement on the matter. [37442/15]
View answerI am informed by the Garda authorities and the Courts Service respectively that the statistics requested by the Deputy are currently being collated and I will contact the Deputy directly as soon as they are to hand.
