Written Answers Nos. 330-339
330. Deputy Seán Kyne asked the Minister for Justice and Equality with regard to the Land and Conveyancing Law Reform Act 2009, the necessity to register a right of way; if rights of way detailed in land registry folios need to be registered; the procedures that apply in registering a right of way; the closing date of such registrations; the procedures where rights of way are disputed; and if she will make a statement on the matter. [39380/15]
View answerThe following is the general position concerning the registration of easements acquired by prescription as set out in the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964, as amended by Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011.
Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way. Section 35 of the 2009 Act, as amended by the Civil Law (Miscellaneous Provisions) Act 2011, provides, inter alia, that a right of way which has not been reserved or granted may be acquired by prescription, i.e. acquired on the basis of long enjoyment of the easement concerned, on registration of a court order under that section or in accordance with section 49A of the Registration of Title Act 1964.
Section 49A of the 1964 Act permits the Property Registration Authority (PRA) to register such an easement where it is satisfied that there is an entitlement to the easement concerned. Where, however, the PRA is not satisfied that there is such an entitlement, such as where there is disagreement between the parties concerned, a court order under section 35 of the 2009 Act is required.
Section 38 of the 2009 Act (as amended by the 2011 Act) sets out the rules that apply where a claim based on prescription commenced or completed the user period before 1 December 2009. In order to avail of these transitional provisions, a claim to an easement must be made within 12 years of that date. Any claims made after that period must be based entirely on the 2009 Act.
The rules applicable to the registration of easements are set out in the Land Registration Rules 2012 (S.I. No. 483 of 2012) and 2013 (S.I. No. 389 of 2013) which are available on the PRA website (www.pra.ie).
331. Deputy Dara Calleary asked the Minister for Justice and Equality when members of An Garda Síochána first went to Scotland to help in the investigation into the link between the trafficking of migrants to work on Irish fishing vessels and allegations of maltreatment of workers; and if she will make a statement on the matter. [39479/15]
View answerI have requested the specific information sought by the Deputy from the Commissioner of An Garda Síochána; I will contact the Deputy when the information is provided.
As the Deputy will be aware, the Government has established a Taskforce on allegations regarding the treatment of workers on Irish Fishing Trawlers. This Taskforce is chaired by the Minister for Agriculture and the Marine; the first meeting of the Taskforce was held on 5 November. Both my Department and An Garda Síochána are part of the Taskforce.
332. Deputy Dara Calleary asked the Minister for Justice and Equality when her Department first communicated reports to the Department of Jobs, Enterprise and Innovation, following investigations by An Garda Síochána into the link between the trafficking of migrants to work on Irish fishing vessels and allegations of the maltreatment of workers; if her Department requested the Department of Jobs, Enterprise and Innovation to increase the number of labour inspections carried out by the Workplace Relations Commission on fishing vessels as result of these reports; and if she will make a statement on the matter. [39480/15]
View answerI have requested the specific information sought by the Deputy from the Commissioner of An Garda Síochána; I will contact the Deputy when the information is provided.
As the Deputy will be aware, the Government has established a Taskforce on allegations regarding the treatment of workers on Irish Fishing Trawlers. This Taskforce is chaired by the Minister for Agriculture and the Marine; the first meeting of the Taskforce was held on 5 November. Both my Department and An Garda Síochána are part of the Taskforce.
333. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on a matter (details supplied) regarding An Garda Síochána; and if she will make a statement on the matter. [39507/15]
View answerThe Lansdowne Road Agreement (LRA) represents Government policy in relation to industrial relations until 2018. As the Deputy will be aware my colleague, the Minister for Public Expenditure and Reform, has brought forward the Financial Emergency Measures in the Public Interest Bill 2015 to give effect to the Lansdowne Road Agreement. The Bill starts the process of the phased restoration of remuneration to public servants, including members of An Garda Síochána. The Bill also provides for the suspension of the operation of incremental pay scales in respect of any public servant who is not encompassed by a registered agreement.
The LRA is not, of course, solely about beginning the process of restoring remuneration, it is also about securing the enhanced efficiencies and performance delivered by the earlier Haddington Road and Croke Park Agreements. Specifically in relation to members of An Garda Síochána, the LRA provides for the continuation of the obligation under the Haddington Road Agreement to work an additional 30 hours per year. As the Agreement identifies 10 of these hours as overtime which is to taken as compulsory time-off in lieu, the actual additional hours per member are 15. The Garda Representative Association and the Association of Garda Sergeants and Inspectors have informed me that their members have rejected the LRA, as is their right. I met representatives of both Associations last week and it was agreed that a useful next step would be to tease out the implications of their position. Arrangements are in train for meetings to take place with officials of the Department of Public Expenditure and Reform for this purpose.
As the Deputy suggests, in the event that the Associations do not become party to the LRA, there will be a loss of hours available to the Garda Commissioner from 1 January 2016, although not of the order suggested by the Deputy. It will, of course, be a matter for the Garda Commissioner who has responsibility for the distribution of resources to manage this. I would, however, draw the Government's commitment to the ongoing recruitment of trainee Gardaí to the Deputy's attention. The Budget provision for 2016 provides for the recruitment of an additional 600 Gardaí and these positions will be advertised shortly. This will bring to 1150 the total recruitment of Garda Trainees since the reopening of the Garda College in September 2014.
334. Deputy Joe Costello asked the Minister for Justice and Equality the progress made on the refurbishment of the Garda Síochána station at Fitzgibbon Street in Dublin 1; and if she will make a statement on the matter. [39516/15]
View answerThe programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda Authorities working in close co-operation with the Office of Public Works (OPW), who have the responsibility for the provision and maintenance of Garda accommodation.
I am informed by the Garda authorities that following OPW advice regarding the condition of the station it was deemed necessary to vacate Fitzgibbon Street Garda Station on a temporary basis to facilitate refurbishment works. The OPW subsequently refurbished the former Prison Officers Quarters at Mountjoy Prison and the adjacent Mountjoy Garda Station so that Gardaí attached to both Mountjoy and Fitzgibbon Street could operate efficiently and effectively on a temporary basis from this location. In addition, a building adjacent to Fitzgibbon Street Garda Station was identified as suitable for a Garda Office and following some refurbishment now operates as a temporary public office.
I am further informed by the Garda authorities that it is the intention of An Garda Síochána to locate a District Headquarters Station at Fitzgibbon Street. This matter will be progressed by An Garda Síochána, in collaboration with the OPW, in the context of the national accommodation priorities of An Garda Síochána and the level of capital funding available.
335. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if individual families can offer shelter on a short-term or on a long-term basis to orphaned children from the Syrian crisis; how individual families can support, in a concrete way, families seeking refuge here from the Syrian crisis; and if she will make a statement on the matter. [39521/15]
View answerI wish to inform the Deputy that in respect of any offers of shelter from individual families to orphaned children from the Syrian crisis, the Child and Family Agency, Tusla, has primary responsibility under the Child Care Act, 1991 for the care of separated/orphaned or unaccompanied children (i.e. those under 18 years of age) seeking asylum in the State. In that regard, any persons deemed to be unaccompanied minors by the Office of the Refugee Applications Commissioner (ORAC) are referred to Tusla under Section 8 of the Refugee Act, 1996.
On referral by the ORAC, Tusla determines whether it is in the child's interest to have an application for asylum made on their behalf. In the event that an application is made, I am advised that Tusla then assists the minor throughout the asylum process, including accompanying the minor during the course of their asylum interview. I am also advised that as a matter of policy Tusla generally places younger children with families although some older children are placed in regulated residential facilities that cater for small numbers. Any further information in this regard may be sought from my colleague the Minister for Children and Youth Affairs, Dr. James Reilly, T.D.
In relation to the way in which individual families can support, in a concrete way, families seeking refuge here from the Syrian conflict, the Deputy may be aware that the Government has established a cross-Departmental and inter-Agency Irish Refugee Protection Programme Taskforce (IRPP), chaired by my Department, to deal with the operational and logistical aspects of the EU Resettlement and Relocation Programmes. The Taskforce is adopting a whole of Government approach and includes representatives of Government Departments, the HSE, the local authorities, the Red Cross and UNHCR in order to implement the Government's response to this crisis.
The Irish Red Cross has been specifically appointed to the Taskforce in its capacity as an auxiliary to the State in times of war and conflict, a role the Red Cross are undertaking all over the European Union and further afield. The Irish Red Cross have been asked by Government to coordinate non-commercial offers of accommodation, goods and services for refugees due to join our communities over the next two years. They have created an Irish Red Cross Register of Pledges which is an on-line system of recording solidarity by pledging accommodation, goods and services.
If a person has previously made a pledge elsewhere or wishes to make a pledge for the first time, I am advised that they simply log on to redcross.ie/solidaritypledges, fill in their personal details and an outline of their offer or they can directly contact the Irish Red Cross at 01 6424600. I understand that the Red Cross will hold individual pledges on the Irish Red Cross Register of Pledges and they will follow up to establish a suitable match.
I might add that the crisis is still developing and while it is anticipated that up to 20 asylum seekers may be relocated to Ireland before Christmas, it is likely to be early in the New Year before Ireland receives large numbers of persons under the relevant programmes. However, in the meantime, tangible offers of solidarity and support may be made to the Irish Red Cross as set out above or indeed other domestic charities who have responded to this unprecedented migration crisis.
336. Deputy John McGuinness asked the Minister for Justice and Equality the timeframe for processing an application to the criminal injuries compensation board; how often the board meets; if an application by a person (details supplied) in County Kilkenny will be expedited, as it is almost four years since it was submitted; and if she will make a statement on the matter. [39565/15]
View answerThe Deputy will be aware that the Criminal Injuries Compensation Tribunal is responsible for the administration of the Scheme of Compensation for Personal Injuries Criminally Inflicted.
Under the terms of paragraph 6 of the Scheme of Compensation for Personal Injuries Criminally Inflicted the Tribunal is obliged to determine applications and to award ex-gratia compensation “on the basis of damages awarded under the Civil Liability Acts”. Each case is addressed on the basis of its individual circumstances.
Applications in the first instance are decided, not by a meeting of the Tribunal, but rather on a file of papers submitted to a single Tribunal member for consideration as to whether payment of compensation is appropriate. Notwithstanding this, in making their decisions Tribunal members must be satisfied that all supporting documentation submitted is in order. In some cases delays can occur due to the late submission of all required documentation.
I should point out to the Deputy that the Criminal Injuries Compensation Tribunal is entirely independent in how it deals with individual applications for compensation under the Scheme.
However, in order to be of assistance in the matter I have had enquiries made with the Tribunal on the Deputy's behalf in relation to the person concerned. I understand that under paragraph 21 of the Scheme an application must be made to the Tribunal within three months of an incident occurring except in circumstances where the Tribunal determines that exceptional treatment is justified.
I am advised by the Tribunal that the incident involving the person concerned occurred on 1 January 2011. It was reported to the Tribunal on 28 February 2013 and they received an application form on 27 March 2013.
I am further informed that a Garda report has been requested in relation to this incident and is awaited. I have asked the Tribunal to treat this case as a priority and to follow up on the Garda report as a matter of urgency. Upon receipt of this report the file will be forwarded to a single Tribunal member for decision. A copy of the decision of that member will issue directly to the applicant.
337. Deputy Brendan Smith asked the Minister for Justice and Equality the status of the review of firearms licensing legislation: if the concerns of the National Association of Regional Game Councils and the Sports Coalition have been given detailed consideration; and if she will make a statement on the matter. [39613/15]
View answerI can advise the Deputy that I recently announced a series of changes to the licensing of firearms. My announcement followed an extensive consultation process with key stakeholders and hearings by the Joint Oireachtas Committee on Justice, Equality and Defence on a report from a Joint Garda Síochána/Department of Justice and Equality Working Group published in November 2014. The changes announced will address issues in the short term but also map out the longer term future for a licensing system which balances the rights of those who wish to pursue their interests with public safety, which has to be the paramount consideration. I understand the Sports Coalition (of which the National Association of Regional Games Council is a member) has welcomed and fully endorsed my announcement.
My intention is to make fundamental long term reforms in this area by proposing legislation for a Firearms Assessment and Appeals Authority. The primary function of the Authority will be to determine, on the basis of an objective assessment of all the issues, with safety of the public being paramount, whether particular forms of firearms may be licensed in the State, whether there should be any limit on the number of such firearms and what safety conditions might properly be applied to their licensing. The functions of the Authority will be subject to further consultation with key stakeholders in advance of the preparation of the necessary enabling legislation, which will be subject to pre-legislative scrutiny by the Joint Oireachtas Committee on Justice, Equality and Defence.
As part of the review process, I announced my intention to re-establish the Firearms Consultative Panel. The re-established panel had their first meeting on 29 October 2015. It is made up of key stakeholders, including the Sports Coalition. This panel provides a valuable forum for contact and discussion between my Department and representatives of shooting organisations, An Garda Síochána and other interested parties. I have sought submissions from the Firearms Consultative Panel on a number of issues affecting licensed gun owners including the proposed Firearms Assessment and Appeals Authority. I look forward to building on the positive relationships developed between representative organisations and my Department during the review of firearms licensing and I look forward to continued open and positive dialogue with all representative organisations.
I have notified the Garda Inspectorate that I intend to ask them to review the administration of firearms licensing by An Garda Síochána when the Firearms Assessment and Appeals Authority is in place for a period of 12 months.
I have introduced an immediate temporary cap on the licensing of any new centre-fire semi-automatic rifles pending the establishment and determination of the Authority. Legislation will provide for the revocation of any licenses issued before the enactment of the legislation and it is intended that anyone applying for licenses of this nature will be informed of that fact.
I have signed secondary legislation re-defining what constitutes a non-restricted handgun. The purpose of this legislation is to ensure persons who currently hold licences for handguns will be able to reapply for a license in the current licensing round. This legislation clarifies for An Garda Síochána what firearms may be considered by them for licensing.
In line with my commitment to prevent any proliferation of handgun availability in Ireland, I am continuing to monitor the number of 0.22 inch rim fire calibre handguns being licensed. If there is a significant increase in the number of applications for new certificates or import licence applications for these handguns, I will introduce priority legislation for a future cap.
Finally, the Garda Commissioner intends to establish a centralised licensing system for restricted firearms, pending the establishment and determination of the Firearms Assessment and Appeals Authority. The Garda Commissioner is preparing a detailed outline of the proposed work of the centralised licensing system for my consideration.
338. Deputy James Bannon asked the Minister for Justice and Equality the status of an application for a visa by the spouse of a person (details supplied) in County Longford; and if she will make a statement on the matter. [39621/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a decision was made on this visa application on 4th November 2015. The Irish Embassy in Madrid has issued a letter to the applicant informing him of the decision.
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 his 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.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
339. Deputy Brendan Smith asked the Minister for Justice and Equality the progress made in terms of a full investigation into the bombing in Belturbet, County Cavan in December 1972 that resulted in the death of two young persons; and if she will make a statement on the matter. [39628/15]
View answerThe Deputy will share my view that the bombing at Belturbet on 28 December 1972 which took two innocent young lives was a tragic and unjustifiable act of brutality. There are no words to describe the suffering and grief that the families have endured.
The bombing and two murders in Belturbet were the subject of a thorough investigation at the time by An Garda Síochána, with expert assistance provided to the investigation by the Army. The investigation also involved close liaison with the authorities in Northern Ireland in an effort to bring the perpetrators to justice. Although every avenue of inquiry which was open to the investigation was pursued at that time there was no evidence to bring those responsible to justice. It remains a source of disappointment that no one has yet been brought to justice for these murders.
I am informed by the Garda authorities that the investigation into these murders remains open and should any new or additional evidence emerge from any source, it will be pursued fully by An Garda Síochána.
The Deputy will also be aware that dealing with the legacy of the troubles on this island is difficult and complex challenge. The Stormont House Agreement provides for a number of initiatives that will establish an overarching framework to address the past. The Government is fully committed to playing its part in implementing those measures and I hope they may provide an opportunity for the families of persons killed during the troubles to access further information.
