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Tuesday, 26 Apr 2016

Written Answers Nos. 209-223

Road Traffic Offences

Questions (209, 214, 215)

Thomas P. Broughan

Question:

209. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 287 and 288 of 14 April 2016, the reason for the termination of fixed charge notices in table 1 where 20,722 were terminated between 2013 and 31 March 2015; the reasons for the non-recording of the driving licences of 3,846 convicted persons in 2013, of 4,562 in 2014 and of 1,548 up to 31 March 2015; if penalty points were applied to the 9,956 licences of convicted persons; and if she will make a statement on the matter. [8170/16]

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Thomas P. Broughan

Question:

214. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 287 and 288 of 14 of April 2016, if she will report on those convicted who did not present their driving licences on conviction for application of penalty points; the number of these which have subsequently had penalty points applied; the number of whom will be charged for non-production of drivers licence in court as per section 22 of the Road Traffic Act 2002; and if she will make a statement on the matter. [8310/16]

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Thomas P. Broughan

Question:

215. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the status of the Judge Keane ruling on section 22 of the Road Traffic Act 2002 regarding the non-production of driving licences in court and the wording of the summons; and if she will make a statement on the matter. [8311/16]

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Written answers

I propose to take Questions Nos. 209, 214 and 215 together.

The Deputy will appreciate that I have no direct role in relation to the enforcement of road traffic legislation which is an operational matter for An Garda Síochána. I have, however, sought information from the relevant agencies involved in the management of the matters referred to by him and will reply further as soon as I receive this information.

Garda Misconduct Allegations

Questions (210)

Finian McGrath

Question:

210. Deputy Finian McGrath asked the Minister for Justice and Equality if she can further progress a case (details supplied); and if she will make a statement on the matter. [8191/16]

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Written answers

As the Deputy is aware the particular case he is referring to was 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 had been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives.

The outcome of the review of this case issued last December. I would like to emphasise that every case under the Independent Review Mechanism was reviewed by independent counsel, who made an objective recommendation. It was open to counsel to make any recommendation that they saw fit. The recommendation made by counsel was that I should take no further action in this case.

I should mention, however, that my predecessor referred aspects of this particular case to the Garda Síochána Ombudsman Commission and I understand that investigation has not concluded.

I have advised the Deputy previously that a civil action has been initiated against the State in respect of issues raised in the complaint. In the circumstances it would not be appropriate for me to comment further on any particulars of this matter. Nor would it be appropriate for me to agree to a meeting.

Immigration Status

Questions (211)

Bernard Durkan

Question:

211. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in the case of a person (details supplied); and if she will make a statement on the matter. [8276/16]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 4 May 2010 and therefore has no entitlement to residency in the State.

Representations were received from the person concerned pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

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.

Road Traffic Offences

Questions (212)

Thomas P. Broughan

Question:

212. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 287 and 288 of 14 April 2016, if she will report on the number of persons before the courts for speeding in 2013, 2014 and up to 31 March 2015, per district court; the number of persons convicted of speeding offences, per district court, in these time periods; the outcomes per district; the number of driving licences recorded on each conviction; and if she will make a statement on the matter. [8308/16]

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Written answers

The information sought is currently being compiled and I will be writing directly to the Deputy on this matter very shortly.

Road Traffic Offences

Questions (213)

Thomas P. Broughan

Question:

213. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 287 and 288 of 14 April 2016, if she will report on the number of summons for non-payment of fixed charge notices for speeding offences served in 2013, 2014 and up to 31 March 2015; the number of summons for non-payment of FCNs for speeding offences not served in 2013, 2014 and up to 31 March 2015; the reasons for non-serving of summons; and if she will make a statement on the matter. [8309/16]

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Written answers

I have requested a report from the Garda authorities in relation to information sought and will reply to the Deputy directly as soon as I receive this information.

Questions Nos. 214 and 215 answered with Question No. 209.
Questions Nos. 216 and 217 answered with Question No. 187.

International Agreements

Questions (218)

Róisín Shortall

Question:

218. Deputy Róisín Shortall asked the Minister for Justice and Equality if, with regard to the recent European Union-Turkish migration agreement, she considers Turkey a safe third country for migrants to seek refuge in, given Turkey's human rights record, the recent condemnation of the agreement by the Council of Europe and the backlog of 200,000 asylum applications that the Turkish Government is currently processing; to state her views on the guarantees given to the European Commission by the Turkish Government that migrants' rights will be respected; to state whether the three migration experts seconded from her Department have arrived in Turkey; to state whether she will provide an update on the request for Ireland to contribute personnel to Frontex as part of the agreement; and if she will make a statement on the matter. [8319/16]

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Written answers

On 18 March the European Union and Turkey reached a political agreement designed to end the irregular migration from Turkey to the EU in the form of an EU-Turkey Statement agreed by the Heads of State or Government. The Statement sets out a number of actions to target the people smugglers involved in the exploitation of very vulnerable persons and remove the incentive to seek irregular routes to the EU. Under the Statement all new irregular migrants crossing from Turkey to the Greek islands as and from 20 March 2016 will be returned to Turkey. For every Syrian person returned to Turkey the EU has agreed to resettle another Syrian person from camps in Turkey to EU Member States.

The need to comply with EU and international law requirements and the principle of non-refoulement was at the heart of the discussions in preparing the joint statement. Accordingly, any irregular migrant coming from Turkey who applies for asylum in Greece will have their application processed on a case by case basis in line with international and EU law. This will be monitored and verified as the action points agreed under the statement proceed. Under the statement there will be no blanket and no automatic returns of asylum seekers. New national legislation has recently been adopted in Greece and in Turkey to support the implementation of the agreement.

EU Member States agreed to provide Greece with the necessary means including border guards, asylum experts and interpreters to implement the arrangement. Four Irish experts have been nominated to the European Asylum Support Office (EASO) to support the implementation of the agreement. Two have been selected and have been deployed to Lesvos where they will work under EASO to support the Greek asylum service in the implementation of the admissibility procedure and the performance of vulnerability assessments.

As Ireland is not a member of Frontex there are some limitations on what we can do in relation to the request for the deployment of Border Guards to assist in the return of people from Greece to Turkey. However, my Department is examining the issue in conjunction with An Garda Síochána to see if there is any scope for potential involvement.

Legislative Programme

Questions (219, 220)

Thomas Byrne

Question:

219. Deputy Thomas Byrne asked the Minister for Justice and Equality if she has ever reviewed the position regarding the crimes and torts of champerty and maintenance; and if she will make a statement on the matter. [8326/16]

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Thomas Byrne

Question:

220. Deputy Thomas Byrne asked the Minister for Justice and Equality the public policy reasons behind the continuance of the crimes and torts of champerty and maintenance in Irish law; and if she will make a statement on the matter. [8327/16]

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Written answers

I propose to take Questions Nos. 219 and 220 together.

As the Deputy will know, maintenance is the giving of financial assistance or encouragement to a party to litigation by a person who has neither an interest in the litigation nor any motive recognised by the law as justifying interference and champerty is an aggravated form of maintenance as it involves the support of litigation by a non-party in return for a share of the proceeds. The Statute Law Revision Act 2007 specifically retained in existence, in Irish Law, the torts and offences of maintenance and champerty.

Under current law, actions comprising maintenance and/or champerty in Ireland are considered to be contrary to public policy in that inter alia they may assist in the development of a market in legal claims thereby promoting litigation for the benefit of the promoter rather than the litigant and are considered to have the potential to create a substantial injustice to a defendant in an action. Maintenance and champerty are not permitted as a matter of Irish law regardless of the extent of the control exercised over the conduct of the litigation by the funder. As I understand these particular matters to be sub judice, I will refrain from any further comment.

However, as the Deputy may also be aware, the 2010 Report of the Law Reform Commission on the Consolidation and Reform of the Courts Acts recommended that legislation should make provision for the continuation of the most significant criminal offences and civil wrongs against the administration of justice and that it should also deal with civil liability towards any person who has suffered financial loss arising from perjury, embracery, malicious prosecution, maintenance or champerty. Additionally, in its Fourth Programme of Law Reform published in November 2013, the Commission has set out its intention to examine the area of contempt of court and other offences and torts involving the administration of justice which will include an examination of related offences and torts including, inter alia, champerty and maintenance. I understand that Law Reform Commission work on this has commenced this year and, as with any developments before the Courts, any report and recommendations of the Commission with regard to maintenance and champerty will be fully considered by my Department and by Government in due course.

Courts Service

Questions (221)

Éamon Ó Cuív

Question:

221. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the scale of the salary paid to county court registrars and the fees paid to sheriffs for the collection of debt; the remuneration arrangements in place where both of these positions are held by the same person; and if she will make a statement on the matter. [8345/16]

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Written answers

The current salary scale paid to County Registrars is set out below.

County Registrar - Full PRSI

€121,159 to €136,276

County Registrar - Modified PRSI

€115,201 to €129,563

There is no salary payable for the position of Sheriff. An annual retainer of €23,678 is provided by the State towards the provision of a sheriff's office. A Sheriff is remunerated by way of fees generated in respect of revenues recovered. The current fees payable are set out in the Sheriff's Fees and Expenses Order 2005, Statutory Instrument No. 644 of 2005.

One of the roles of a County Registrar is to act as Sheriff and any such work is covered by their salary. There is no separate or additional remuneration arrangement.

Magdalen Laundries

Questions (222)

Maureen O'Sullivan

Question:

222. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of women who have applied for the Magdalen ex gratia scheme; the number of women in receipt of benefits from the scheme overall; and the number of women who have applied for the scheme from the United States of America and Canada and who are in receipt of benefits. [8361/16]

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Written answers

I can advise the Deputy that to date, 807 applications have been received under the Magdalen Laundries Restorative Justice Ex-Gratia Scheme, 103 of which were refused as the women had not been admitted to one of the twelve specified institutions. My Department has paid lump sums to 624 women at a cost of over €23 m.

Eleven applications were received from women who are now resident in the United States of America. Eight of these women have received their lump sum payments and the other three applications were refused as the women had not been admitted to a relevant institution. No applications have been received from women now resident in Canada.

As the Deputy is aware, the women are also entitled to other benefits under the Scheme. Each woman is entitled to a top up payment to bring her weekly income from the State up to the equivalent of the Irish Contributory Pension, €233.30 if 66 or over and €100 if under that age.

As the Deputy will remember, I brought legislation, the Redress for Women Resident in Certain Institutions Act 2015, through the Houses to facilitate Judge Quirke's recommendation with regard to providing the women with access to a range of primary and community health services free of charge. This legislation was commenced with effect from 1st July 2015. The Department of Health also agreed that provision was to be made, through administrative arrangements by the HSE, for medical support for women residing abroad. The Act also provides that payments made to these women arising from the scheme of ex-gratia payments will not be included in any financial assessment of means under the Nursing Home Support Scheme Act 2009.

When a decision is made by my officials in the Restorative Justice Implementation Unit that an applicant is eligible for benefits under the scheme and once she has accepted a formal offer and agreed to participate in the scheme, the lump sum is paid to the woman. My officials then notify the Department of Social Protection and the Department of Health, providing the relevant details of the additional participants to the scheme, and those Departments then liaise with the women on the provision of their top up payments and medical services.

Deportation Orders

Questions (223)

Bernard Durkan

Question:

223. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review the current deportation order against a person (details supplied); and if she will make a statement on the matter. [8376/16]

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Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 15 July 2011. Judicial Review proceedings were issued on 8 September 2011 challenging the Deportation Order and accordingly, as the matter is sub judice I am not in a position to comment further.

Queries in relation to the status of individual immigration cases may be made directly to the Irish Naturalisation and Immigration Service (INIS) by Email 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.

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