Written Answers Nos. 451 to 463
451. Deputy Gabrielle McFadden asked the Minister for Defence the amount paid out to date to flood affected businesses under the humanitarian assistance scheme, by county and by town; and if he will make a statement on the matter. [1577/16]
View answerThe Government approved the allocation of €5 million for an emergency humanitarian support scheme to small businesses and community, sporting and voluntary bodies which through no fault of their own have been unable to secure flood insurance and have been flooded recently. The Irish Red Cross has agreed to administer the scheme.
The Irish Red Cross Society is an independent charitable organisation with full power to manage its own affairs. I, as Minister for Defence have no function in the administration of the Irish Red Cross Society and do not get involved in the day to day running of its affairs.
The Irish Red Cross is continuing to receive applications and payments are being made on a daily basis. The closing date for receipt of applications is 31 January 2016. The Irish Red Cross will complete a summary report following an assessment of all applications received. I will arrange for a copy of the report to be sent to the Deputy.
452. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will make changes to the provision of maternity leave (details supplied). [46540/15]
View answerCurrently, maternity leave extends to 26 weeks paid with a social welfare benefit and a further entitlement to 16 weeks unpaid leave immediately afterwards. These periods are towards the upper end of the European range of entitlements and I have no plans to extend them further. The Deputy will be aware however that the Government has decided that two weeks' paternity leave will be introduced from September next.
453. Deputy Terence Flanagan asked the Minister for Justice and Equality to deal with a matter (details supplied) regarding ground rent; and if she will make a statement on the matter. [46607/15]
View answerThe general position regarding ground rents is that section 2 of the Landlord and Tenant (Ground Rents) Act 1978 introduced a prohibition on the creation of new leases reserving ground rents on dwellings. As regards remaining ground rents, Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 contains a statutory scheme whereby the holder of a leasehold interest may, at reasonable cost, acquire the freehold in his or her dwelling. To date, over 80,000 applicants have acquired freehold title to their property under this scheme. Comprehensive details of the manner in which the fee simple can be acquired under this scheme are available on the Property Registration Authority's website (www.prai.ie). In the case of remaining ground rents, I should also add that a ground landlord is statute barred from claiming more than 6 years arrears of ground rent.
With regard to the abolition of ground rents, the position is that this matter was considered by the All-Party Oireachtas Committee on the Constitution in their Report entitled 'Private Property'. The Committee took the view that a ground landlord's ground rent is a form of property right which is constitutionally protected and that abolition of such rents would be unconstitutional in the absence of adequate monetary compensation. The Committee also noted that where leases were approaching expiry, any legislation providing for the abolition of ground rents would have to provide for the payment of enhanced compensation by the ground tenant. In light of the foregoing, I have no immediate plans to introduce further legislation in this area but operation of the existing law is, however, kept under review by my Department.
454. Deputy Finian McGrath asked the Minister for Justice and Equality to support a matter (details supplied) regarding the Assisted Decision-Making (Capacity) Bill; and if she will make a statement on the matter. [46639/15]
View answerAs the Deputy is aware, the Oireachtas passed the Assisted Decision-Making (Capacity) Bill on 17 December 2015 which provides for the Decision Support Service to be established within the Mental Health Commission rather than in the Courts Service as originally envisaged. The Mental Health Commission, which is an independent body, was chosen as the location for the Decision Support Service because the Commission has expertise in key functions that will be undertaken by the new body and the necessary skills mix needed by that body.
455. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding the emergency services; and if she will make a statement on the matter. [46700/15]
View answerThere is specific legislation in place to deal with assaults to emergency workers in front line positions. I would refer the Deputy to section 19 of the Criminal Justice (Public Order) Act 1994, as amended by section 185 of the Criminal Justice Act 2006.
Section 19 provides that any person who assaults or threatens to assault a "peace officer" acting in the execution of their duty is guilty of an offence and is liable on summary conviction to a fine of up to €5,000 or a term of imprisonment of up to 12 months or both, or on conviction on indictment to a fine or imprisonment for a term of up to 7 years or both. The maximum sentence was increased from 5 years to 7 years under the 2006 Act.
A "peace officer" refers to a member of the Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces.
In addition, in the case of assault causing serious harm, an offender can be prosecuted under the Non-Fatal Offences Against the Person Act 1997 and could be subject to a maximum sentence of life imprisonment.
The law already recognises the gravity of any attack on members of the emergency services carrying out their duties and that the penalties in place reflect the seriousness with which such acts are viewed. However I am committed to keeping the matter under review.
456. Deputy Michael McGrath asked the Minister for Justice and Equality if legal aid granted in respect of a family law matter in 2013 would now still encompass ongoing legal aid for the enforcement of, or matters arising directly from, an order made in 2013; if there is any discretionary basis for the granting of a legal aid certificate in respect of a family law matter to a person who does not currently qualify under the relevant means test but who did previously qualify when a directly related matter was before the courts in 2013; if there is any discretionary basis for the granting of legal aid in respect of a family law matter where the applicant does not currently qualify under the relevant means test but where the current matter arises directly out of the enforcement of a court order made in 2013 in respect of which the person had the benefit of legal aid; and if she will make a statement on the matter. [46907/15]
View answerI am having inquires made of the Legal Aid Board regarding this matter and I will respond to the Deputy in the near future.
457. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality her plans to amend the Parental Leave Act, in order that persons working for different employers in the public service would be able to transfer their parental leave from one parent to the other; and if she will make a statement on the matter. [1021/16]
View answer458. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if it is intended to amend the Parental Leave Act, in order that persons working in the education sector, and receiving their payments from the Department of Education and Skills, would be able to transfer their parental leave from one parent to the other; and if she will make a statement on the matter. [1022/16]
View answer484. Deputy Clare Daly asked the Minister for Justice and Equality her plans to extend provisions in the Parental Leave Act whereby parents can transfer up to 14 weeks of parental leave to the other parent, currently only available if the individuals work for the same employer or in any Department in the Civil Service, in order to provide this benefit to all parents where both employers agree and to other public sector workers. [46810/15]
View answerI propose to take Questions Nos. 457, 458 and 484 together.
Under the Parental Leave Act 1998 (as amended) both parents are entitled to 18 weeks unpaid parental leave in respect of each child under the age of eight years with certain extensions allowed for adoptees or children with a disability or long-term illness. I have no plans to change the current arrangements along the lines suggested by the Deputy. Aside from the considerable management difficulties that would arise in relation to employees transferring leave outside a common employer, the impact of the proposal referred to in the Question in terms of gender equality in the workplace would need careful consideration.
459. Deputy Finian McGrath asked the Minister for Justice and Equality her plans to refurbish the Garda Síochána station in Howth; and if she will make a statement on the matter. [1504/16]
View answerThe programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.
I am informed by the Garda Commissioner that works in relation to the public office of the station are under consideration by an Garda Síochána and the OPW.
460. Deputy Sean Fleming asked the Minister for Justice and Equality the status of requirements for parental involvement in training 14 to 16 year olds in the use of firearms; and if she will make a statement on the matter. [46474/15]
View answerI can advise the Deputy that in accordance with Section 2A of the Firearms Act, 1925, as amended, a person over 14 years of age can apply for a firearms training certificate. Where the applicant is under 16 years of age, the application must be accompanied by the written consent of the applicant's parent of guardian. The training certificate authorises the person to possess a firearm only while carrying and using the firearm for hunting or target shooting and under the supervision of a specified person over 18 years of age who holds a firearms certificate in respect of the firearm concerned. The Garda Síochána deciding officer in any individual case may impose other conditions in the interests of public safety and security.
461. Deputy Sean Fleming asked the Minister for Justice and Equality the legislation covering night sights on rifles and guns given that these are being sold in various supermarket outlets; and if she will make a statement on the matter. [46475/15]
View answerI can advise the Deputy that S.1(g)(i) of the Firearms Act as amended, defines the following component parts of a firearm as actual ‘firearms’ under the Act: ‘telescope sights with a light beam, or telescope sights with an electronic amplification device or an infra-red device, designed to be fitted to a firearm….’.
Applicants for firearm certificates may apply at the time of their application for or during the lifetime of their firearm certificate, to have such component parts attached to the grant of their certificates and may be granted such application if, in the opinion of the issuing Superintendent, the applicant has ‘good reason’ to possess, use and carry these sights.
S.10(1) of the Firearms Act 1925 provides: ‘It shall not be lawful for any person to manufacture, sell, repair, test, or prove, or expose for sale, or have in his possession for sale, repair, test, or proof, by way of trade or business, any firearm or ammunition unless such person is registered in the register of firearms dealers’. If such ‘firearms’ are sold in any place without the seller being currently included in the register of firearms dealers, then that person is guilty of an offence under the Act. If the Deputy has information to that effect it should be brought to the attention of An Garda Síochána.
462. Deputy Gerry Adams asked the Minister for Justice and Equality the number of prisoners waiting to be assessed for transfer under the Transfer of Sentenced Persons Acts; the timeframe for the assessment to be initiated; the number of prisoners transferred to prisons in this State in the past year; if new legislation or amendments to existing legislation are required; and if so the timeframe for this to be initiated. [46501/15]
View answerThe Transfer of Sentenced Persons Acts, 1995 and 1997 provide a mechanism whereby non-nationals serving sentences in Ireland may apply to serve the remainder of their sentences in their own countries and, similarly, Irish persons who are imprisoned overseas may apply to serve the remainder of their sentences in Ireland. Such transfers may be facilitated where the other country has ratified the Council of Europe Convention on the Transfer of Sentenced Persons. Transfer requests under the Convention are normally made by a prisoner through the governor of the prison in which he or she is detained. I decide on all such requests following the collation of a number of reports from various agencies setting out the consequences of such a transfer.
On receipt of a completed application from a prisoner, an assessment is initiated immediately by my officials in the Irish Prison Service. The collation of the documents, as required under the provisions of the Transfer of Sentenced Persons Act between the sentencing state and the receiving state can be a very lengthy and complex process. Therefore it is not possible to determine how long any such assessment will take to be completed.
I can advise the Deputy that as at 1 January 2016, there were 52 active transfer applications which are at various stages of the assessment process.
Two prisoners were transferred into this jurisdiction in 2015. The sentencing states in these cases were Estonia and Spain.
The Deputy should be aware, that the Council of Europe Convention on the Transfer of Sentenced Persons does not confer an automatic right for any prisoner to be transferred nor does it confer an obligation on any State to comply with a transfer request. In addition the consent of the three parties in the process is required prior to any transfer, i.e. the sentencing state, the receiving state and the sentenced person.
Legislation to amend the Transfer of Sentenced Persons Acts is being proposed. Until now persons serving sentences here or in another country could not be transferred to another state without their express consent. The new legislation will allow the State to transfer prisoners serving sentences imposed by Irish courts, in order to repatriate them to their state of nationality, without their consent. It will also allow persons who are Irish citizens to have a sentence imposed on them here if a prison sentence was imposed by a court in another EU state. The provision will only apply in regard to serious offences which carry a jail term of more than 3 years and will not apply to sentences imposed before December 2011.
463. Deputy Billy Kelleher asked the Minister for Justice and Equality if she will meet a group (details supplied) in County Waterford which has concerns regarding the decision to convert Clonea Strand Hotel to an emergency reception and orientation centre. [46511/15]
View answerOn behalf of the Office for the Promotion of Migrant Integration (OPMI), the Reception & Integration Agency (RIA) of my Department has entered into a contract with the proprietors of the Clonea Strand Hotel for the use of the premises in question as an Emergency Reception and Orientation Centre (EROC).
If there are issues on which the group wish to receive additional information or clarification, I can make arrangements for staff of my Department to meet with them as appropriate.
