Written Answers Nos. 75-79
75. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality to meet with the family of a person (details supplied) to discuss its concerns in relation to the circumstances surrounding the death of the person. [16279/16]
View answerThe matter to which the Deputy refers has been the subject of a review carried out by counsel from the panel of the Independent Review Mechanism set up by the Government to consider complaints of Garda misconduct received by the Taoiseach and myself. The role of the Mechanism was to advise me as to what further action, if any, it was appropriate for me to take in respect of each complaint. Counsel were free to make any recommendation which they saw fit.
In this particular case counsel recommended that I seek a report from the Garda Commissioner. I accepted counsel's recommendation and a letter issued to the family notifying them accordingly. I should point out that the obtaining of this report from the Garda Commissioner was the extent to which counsel advised that I could proceed in this matter. On receipt of that report, I wrote to the family again and I sought to address the particular issues that concerned them based on the information provided to me by the Garda Commissioner.
In the circumstances, I do not believe that a meeting with the family would serve any useful purpose.
76. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 209 of 31 May 2016, if she is considering widening the circumstances whereby an insolvency court can overrule a bank veto and, in particular, to situations where a family home is no longer involved because it has been sold under pressure or instruction from the bank; and if she will make a statement on the matter. [16295/16]
View answerThe Deputy will be aware that the new court review introduced in the Personal Insolvency (Amendment) Act 2015 became effective from 20 November 2015.
Under the new provisions an insolvent borrower who has proposed a Personal Insolvency Arrangement under the 2012 Act, can apply for a court review if the proposal:
- has been refused by his or her creditors,
- includes a mortgage (or other debt) secured on their home - their principal private residence,
- and the borrower was in arrears on that debt on 1 January 2015 (or having been in arrears before that date, has entered a restructure with their lender, but the borrower remains insolvent).
This represents a major change for the borrower in arrears, in providing for independent review by the courts where creditors reject the borrower's proposal for a Personal Insolvency Arrangement. Previously, such a rejection was final.
The review criteria were carefully designed, following legal advice, to ensure that the review process takes full and fair account of the situation and rights of both the borrower and the creditors, while also taking account of the public interest in restoring insolvent borrowers to solvency, enabling creditors to recover debts to the extent that the debtor’s financial situation reasonably allows, and keeping people in their homes where that is reasonably practicable.
The review provisions reflected the Government priority to help people in serious mortgage arrears on their home and particularly those at risk of losing their home. That was also the strongest public policy justification for the new court review.
The courts are currently deciding the first review applications and the initial outcomes are encouraging. I have also introduced changes to the Civil Legal Aid rules, to ensure that insolvent borrowers can access legal aid where needed to bring the new court review (Civil Legal Aid Regulations 2016, S.I. no. 272 of 2016, taking effect from 23 May).
I can confirm to the Deputy that in this early stage of implementation, I am not considering widening the scope of the legislation. However, as the Deputy will be aware, a number of commitments in relation to the mortgage arrears situation are made in the new Programme for Government, and the Government will be announcing actions in relation to these in the coming weeks.
77. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality when she will fill the position of county registrar in County Westmeath; and the interim procedures she has put in place to ensure that the normal duties of county registrar in the county are not neglected. [16323/16]
View answerThe Courts Service has informed me that, since the retirement of the County Registrar for Westmeath in April 2016, the duties have been exercised by the County Registrar for Cavan with assistance from other County Registrars. My Department is currently reviewing issues relating to Country Registrar capacity in conjunction with the Courts Service and the filling of the County Registrar vacancy in Westmeath is being considered in this context.
78. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality her progress in refurbishing Fitzgibbon Street Garda Síochána station in Dublin 1; her plans to reopen the station; and if she will make a statement on the matter. [16328/16]
View answerThe Deputy will be aware that the 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, who have the responsibility for the provision and maintenance of Garda accommodation.
I am informed by the Garda authorities that, following the advice of the Office of Public Works 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 Office of Public Works 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 to provide for an ongoing Garda presence in Fitzgibbon Street.
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 Office of Public Works, in the context of the national accommodation priorities of An Garda Síochána and the level of capital funding available.
79. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the specifications, name, make and model of the new hand-held devices she will provide to An Garda Síochána; the number she will allocate, by district; if she will link these to the Police Using Leading Systems Effectively, PULSE, system; if they will provide roadside access on the status of licences; if she will report on their operation; and if she will make a statement on the matter. [16342/16]
View answerThe Deputy will appreciate that the provision and allocation of resources for An Garda Síochána is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
As the Deputy will be aware, the Commissioner recently launched the Garda Síochána Modernisation and Renewal Programme 2016-2021 which is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges.
As part of the Programme, it is planned to introduce mobile technology solutions to enable operational Gardaí to access core information systems while on duty and away from the Garda station. In this context, I am advised by the Garda authorities that device specifications will be settled following appropriate trials and evaluations of relevant devices.
