Written Answers Nos. 91-112
91. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the status of interest applying to a judgment mortgage; if a judgment mortgage lapses after a period of time; the steps the creditor may take to enforce the asset, the subject to the judgment mortgage; the rights of the borrower; and if she will make a statement on the matter. [17159/16]
View answerThe position is that the Land and Conveyancing Law Reform Act 2009 updated the law in relation to judgment mortgages registered after 1 December 2009 by repealing the Judgment Mortgage (Ireland) Acts 1850 and 1858 and replacing them with updated provisions as recommended by the Law Reform Commission in 2004.
Section 116 of the 2009 Act provides that a creditor who has obtained a judgment against a person may apply to the Property Registration Authority (PRA) to register a judgment mortgage against that person's estate or interest in land in the Land Registry or Registry of Deeds as appropriate. Registration of the judgment mortgage by the PRA operates to charge the debtor's estate or interest in the land and entitles the judgment mortgagee (i.e. creditor) to apply to court for an order under section 117 of the Act, or section 31 in the case of co-owned property. A judgment mortgage remains valid until discharged and there is no need to re-register it in order to maintain its validity or enforceability.
In the case of an application under section 117, the court may make such order for enforcement of the judgment mortgage as the court thinks appropriate, including an order for sale of the land and distribution of the proceeds of sale. In the case of co-owned property, section 30 of the 2009 Act provides that the registration of a judgment mortgage against the property of a joint tenant no longer severs the joint tenancy and if the joint tenancy remains unsevered, the judgment mortgage is extinguished on the death of the judgment debtor, i.e. a surviving joint tenant has no liability for debts of the deceased joint tenant against whose interest in the property the judgment mortgage was registered.
A judgment mortgagee (i.e. creditor) may apply to court for an order under section 31 to enforce a judgment mortgage in the case of co-owned land. In dealing with such an application, the court may dismiss the application or, in light of the rights of all co-owners, make such order relating to the land as appears to the court to be just and equitable in the circumstances of the particular case. The wider discretion available to the court in the case of co-owned land is intended to ensure that the interests of all co-owners are taken into account in a fair and equitable manner. It should also be noted that subsection 5 of Section 31 makes it clear that this section does not affect the court's jurisdiction under the Family Home Protection Act 1976.
As regards interest rates applicable in the case of judgment mortgages, I will communicate directly with the Deputy on receipt of this information.
92. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the names of members of the Parole Board since 2011. [17175/16]
View answerDetails of the membership of the Parole Board is set out each year in the Board's Annual Report which is published on my Department's website www.justice.ie.
Details of members of the Parole Board since 1 January, 2011 are set out in a table.
Current Members
|
Name |
Date of Appointment / Reappointment |
Date of expiry of term |
|
Mr. John Costello (Chairman) |
26th July 2014 |
25th July 2017 |
|
Ms. Ciarín de Buis |
26th July 2014 |
25th July 2017 |
|
Mr. Vivian Geiran (Probation Service) |
Aug-12 |
Ex-Officio: Termination of Current Position |
|
Mr. Martin Smyth (IPS) |
Jan-15 |
Ex-Officio: Termination of Current Position |
|
Mr. Noel Dowling (Prisons Policy) |
Aug-15 |
Ex-Officio: Termination of Current Position |
|
Ms Nora McGarry |
17-Jul-15 |
16-Jul-18 |
|
Mr. Shane McCarthy |
17-Jul-15 |
16-Jul-18 |
|
Mr. Eddie Rock |
17-Jul-15 |
16-Jul-18 |
|
Dr. Michael Mulcahy |
11-Feb-14 |
10-Feb-17 |
|
Mr. William Connolly * |
17-Jul-15 |
16-Jul-18 |
|
Mr Ray Kavanagh |
01-Feb-13 |
31-Jan-16 |
*Willie Connolly retired as Director of Operations, Irish prison Service in February 2012 and was subsequently re-appointed in July 2012
Former Members who were in post on 1 January, 2011 or who were appointed since then
|
Name |
Date of latest Appointment / Reappointment |
Date of expiry of term |
|
Dr. Gordon Holmes R.I.P. |
05/09/2005 |
Chairman (to January 2011) |
|
Mr. Michael Donnellan (Probation) |
Probation Service (to November 2011) |
|
|
Mr. Pat Crummey R.I.P. |
01/07/2009 |
to April 2012 |
|
Mr. Frank McCarthy |
01/07/2009 |
to June 2012 |
|
Mr Tim O'Donoghue |
01/07/2009 |
to June 2012 |
|
Mr. Brendan Waters |
20th October 2010 |
19th October 2013 |
|
Mr. Eamonn Nolan |
01-Dec-10 |
30th November 2013 |
|
Mr. Brian Murphy (IPS) - Ex-Officio |
Aug-12 |
Sep-14 |
|
Mr. Gerry McDonagh (Prison Policy)- Ex Officio |
Oct-10 |
Jun-15 |
|
Mr Mick Duff |
01-Feb-13 |
31-Jan-16 |
93. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the prohibitions in place to prevent public officials or public authorities from imposing certain requirements contrary to the religious beliefs or moral convictions of employees in the public service; and if she will make a statement on the matter. [17223/16]
View answerEquality legislation prohibits discrimination in employment and in the provision of goods and services on the basis of nine grounds, including that of religion. Public servants are obliged to operate within the law regardless of their own religious beliefs or moral convictions and may not discriminate on grounds prohibited in the legislation. There is no exemption which enables a public servant to avoid the fulfilment of the obligations of their office on the grounds of religious or other beliefs. I should make the point, however, that I have no Ministerial responsibility in relation to either the codes of governance of public sector organisations or personnel management issues in the public sector.
94. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the status of assisted suicide and euthanasia; her plans for changes; and if she will make a statement on the matter. [17225/16]
View answerIt is an offence, under section 2(2) of the Criminal Law (Suicide) Act 1993, to assist another person in taking his or her life. The term euthanasia generally implies the intentional termination of a life by another at the request of a person wishing to die and could, therefore, be considered a form of assisted suicide. The 1993 Act provides for a maximum penalty of 14 years imprisonment on conviction on indictment for assisted suicide. The purpose of this legislation is to protect people who are nearing the end of their lives and might be vulnerable or at risk of abuse. Prosecutions under section 2(2) are at the discretion of the Director of Public Prosecutions.
The Supreme Court upheld the constitutionality of section 2(2) in its judgment in Fleming v Ireland and Others on 29 April 2013. The Government currently has no plans to bring forward legislative proposals in this area.
95. Deputy Michael Harty asked the Tánaiste and Minister for Justice and Equality her plans to increase the resources of An Garda Síochána in County Clare and to end the moratorium on recruitment of clerical staff; and if she will make a statement on the matter. [17229/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including civilians, among the Garda Regions, Divisions, and Districts. I am assured by the Garda Commissioner that personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed and are determined by a number of factors including population, crime trends and the policing needs of each individual Division and Unit. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.
I have been informed by the Garda Commissioner that as of the 30 April 2016, the latest date for which figures are readily available, there were 290 Gardaí, 8 Garda Reserves and 30 civilian staff assigned to the Clare Garda Division.
As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of this year. So far 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and that 13 newly attested Gardaí have been assigned to the Clare Garda Division to date.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000, as well as doubling the Garda Reserve and increasing the number of civilian staff so as to free-up Gardaí for front-line policing.
Taking account of projected retirements, the current rate of recruitment will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years. My officials are also engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will deliver increased numbers of Garda without compromising the quality of the training and supervision of new recruits.
In relation to civilian staff there is no moratorium per se on recruitment. An Garda Síochána is subject to an employment control framework which sets out the maximum number of civilian staff it may have. It is, however, open to the Commissioner where a need is identified, to seek sanction for the recruitment of additional civilians and I understand that Garda management is currently engaged in a workforce planning exercise to identify critical gaps in its organisation with a view to seeking such sanction. In addition, as mentioned above, the Programme for Government includes a commitment to further increase the number of civilians in order to facilitate the redeployment of Gardaí to front-line policing duties. My officials are also engaged with Garda management in relation to the development of a plan to deliver this commitment over the life time of the Government.
96. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality if she will urgently legislate for a moratorium on family home evictions until such time as a reasoned solution to the family housing crisis is formulated by the Houses of the Oireachtas; and if she will make a statement on the matter. [17238/16]
View answerThe position is that the Oireachtas Committee on Housing and Homelessness has recommended in its recently-published report that, subject to the advices of the Attorney General, the Government should introduce legislation for a moratorium on home repossessions until such time as the Government’s proposals in relation to housing and homelessness are in place. I can confirm that this recommendation, together with the Committee's other recommendations, will be considered by the Government in the context of the formulation of an action plan to implement the Programme for Government commitments in relation to mortgage arrears.
I wish also to take this opportunity to draw the Deputy's attention to the reform that I introduced in the Personal Insolvency (Amendment) Act 2015 in order to further assist insolvent homeowners in mortgage arrears. The Act has introduced a new ‘court review’ process applicable in cases where creditors such as a mortgage lender refuse a proposal for a Personal Insolvency Arrangement drawn up to resolve the borrower's debts, including the mortgage on their home. Previously, the creditors’ rejection was final; under the new provision, the borrower can seek review by the court of the creditors’ refusal. The court will then consider the borrower’s proposal using the criteria set out in the amending legislation and may, if those criteria are satisfied, impose the Personal Insolvency Arrangement proposed by the borrower. The review provision came into effect on 20 November 2015 [SI No. 514/2015]. To coincide with its introduction, the Insolvency Service of Ireland (ISI) held a number of training sessions around the country with Personal Insolvency Practitioners (PIPs).
All applications for review under the amending legislation are notified to the ISI. It has advised that 51 review applications have been notified to it as of 17 June, 4 of which have been approved and 2 of which have been rejected. A further 5 applications have been withdrawn and 5 struck out by consent, arising, it seems, from settlement negotiations between the parties. In a further 27 cases an initial hearing has been held but new affidavits or additional material has been requested and the cases have been adjourned to allow for filing of this material in advance of a full hearing. My officials will, of course, be carefully monitoring the operation of this important reform.
The Court review process is being complemented by a new scheme which provides access to independent legal and financial aid and advice for those in home mortgage arrears which I announced earlier this year. Intensive work on implementing this Aid and Advice Scheme has been under way across Government Departments and other relevant bodies. This work has been led by my Department and by the Department of Social Protection, with the participation of the ISI, the Legal Aid Board, the Citizens’ Information Board and the Money and Budgeting Service (MABS). The Scheme builds on a network of Dedicated Mortgage Arrears Advisers established in MABS offices across the country which was announced in December 2015.
MABS will act as a single gateway to the new Scheme for those who are deep in debt and at risk of losing their homes due to mortgage arrears. MABS advisers will advise these borrowers on options for returning to solvency and remaining in their homes as far as possible. This may involve obtaining financial advice from a PIP or accountant and legal aid and advice from a solicitor. The Scheme will also provide for support for insolvent borrowers in repossession proceedings under a new ‘duty solicitor’ service operated by the Legal Aid Board. Work on implementation is almost complete and I expect the Scheme to become operational in the near future.
97. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality what the training programme entails for a recruit to An Garda Síochána and if a group of trainee gardaí has ever been allowed to skip certain segments of the programme in order to quickly allocate gardaí to stations; and if she will make a statement on the matter. [17263/16]
View answerI am informed by the Garda Commissioner that all Gardaí recruited since the reopening of the Garda College in September 2014 undertake the new 2 year training programme which leads to a Bachelor of Arts in Applied Policing and is accredited by the University of Limerick. The programme is the outcome of a comprehensive review of foundation training for entrants to An Garda Síochána and exemplifies best practice.
Phase 1, which lasts 32 weeks, is based in the Garda College and places a strong emphasis on problem-based learning where students learn in small groups through engagement with realistic policing scenarios. This methodology emphasises the development of ‘learning to learn’ skills, the development of reflective practice and supports the transition into learning in an operational policing environment. At the end of Phase1 successful Garda trainees are attested (i.e. become members of the Garda Síochána with full police powers) and are dispersed to Garda stations throughout the country, where they are assigned to mainstream policing duties.
Phase 2, which lasts for 65 weeks, is primarily based in Garda stations with appropriate training and development structures in place that include access to a trained tutor Garda and a permanently appointed supervisory sergeant who is thoroughly familiar with their responsibilities under the training programme. During the course of their placement, trainees move through three development stages from assisting his or her Garda tutor to taking the lead role and being assisted by the tutor, to finally the autonomous stage where they are deployed in regular policing activity and work independently within the operational unit. Over the course of the placement they also return to the Garda College for a number to weeks to further enhance their skills in specialist areas including sexual assault, intelligence –led policing, file preparation and court presentation and so on.
Phase 3 consists of seven weeks of preparation for final exams and assessments and I look forward to the first batch of new recruits graduating from the programme this year. It is, of course, too early to conduct a formal evaluation of the new programme but I understand from those leading the programme that the feedback from managers and colleagues on the ground is positive.
Participants are required to sit mandatory academic examinations and professional assessments and are required to pass all examinations and assessments in order to progress to the conclusion of the programme.
98. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the number of new vehicles supplied to Garda Síochána stations in the Waterford, Dungarvan and Tramore divisional districts of County Waterford in the past 24 months; and if she will make a statement on the matter. [17286/16]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.
The tables supplied provide an overview in relation to the number of Garda vehicles assigned to the Waterford Division as of 17 June, which is the latest date for which such information is available, and the number of new vehicles assigned to that Division since 2014. I am informed by the Garda authorities that the allocation of Garda vehicles is monitored and reviewed on a continual basis and vehicles are allocated between districts as required by operational circumstances.
The Deputy will be aware that, in recent times, the Government has made considerable funding available to provide An Garda Síochána with additional high-powered vehicles, patrol cars (marked and unmarked) and motorcycles to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community.
In summary, over €34 million has been invested in the fleet since 2012, with over 720 new vehicles coming on stream since the start of 2015, and a further €46 million is being provided under the Government's Capital Plan 2016 - 2021.
Waterford Division Fleet Strength, as of 17 June 2016
|
CARS |
VANS |
Motorcycles |
4X4 |
OTHER |
Total |
||
|
DISTRICT |
MARKED |
UNMARKED |
|||||
|
DUNGARVAN |
10 |
3 |
2 |
0 |
0 |
0 |
15 |
|
TRAMORE |
5 |
3 |
1 |
1 |
0 |
0 |
10 |
|
WATERFORD |
10 |
11 |
7 |
3 |
3 |
1 |
35 |
|
TOTAL |
25 |
17 |
10 |
4 |
3 |
1 |
60 |
Vehicles allocated to the Waterford Division Fleet from 1 January 2014 to 17 June 2016
|
CARS |
VANS |
Motorcycles |
4X4 |
OTHER |
Total |
||
|
DISTRICT |
MARKED |
UNMARKED |
|||||
|
DUNGARVAN |
6 |
1 |
0 |
0 |
0 |
0 |
7 |
|
TRAMORE |
4 |
1 |
0 |
1 |
0 |
0 |
6 |
|
WATERFORD |
4 |
5 |
3 |
1 |
2 |
1 |
16 |
|
TOTAL |
14 |
7 |
3 |
2 |
2 |
1 |
29 |
99. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the number of members of An Garda Síochána who are community gardaí in each of the districts in Waterford city and county; and if she will make a statement on the matter. [17287/16]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including Community Gardaí, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.
I have been informed by the Garda Commissioner that, as of the 30 April 2016, the latest date for which figures are readily available, there were 282 members assigned to the Waterford Garda Division. Of these, there were 44 dedicated Community Gardaí, 13 in Dungarvan District, 12 in Tramore District and 19 in Waterford Districts. Of course, it is the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána, a point highlighted by the Garda Inspectorate in their third report entitled "Policing in Ireland - Looking Forward" in which they stated that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland.
The Programme for a Partnership Government recognises that community policing is the embodiment of An Garda Síochána, providing a means of recognising that every community – both urban and rural – has its own concerns and expectations. It commits the Government to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000 as well as doubling the Garda Reserve and increasing the number of civilian staff so as to free-up Gardaí for front-line policing.
The Garda Commissioner's Modernisation and Renewal Programme 2016-2021, published on 9 June 2016, places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. I welcome in particular the proposal to establish local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to work with the community to prevent and detect crime. The CPTs will take proactive measures to prevent crime from happening in the area. This will entail a combination of crime prevention advice, targeting and disrupting criminals through operations and patrols, and where possible diverting people from committing crime. I also welcome the proposal to establish Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders. The implementation of these initiatives has started and will be rolled out nationwide.
100. Deputy Louise O'Reilly asked the Tánaiste and Minister for Justice and Equality if she is aware of the high level of anti-social behaviour in an area (details supplied) in Dublin 15 including but not limited to drug dealing, joyriding, intimidation of residents and so on; the actions she is taking to combat this; and if she will make a statement on the matter. [17290/16]
View answerI am, of course, conscious of the impact which anti-social behaviour and the types of crime referred to have on the quality of life for residents in local communities. An Garda Síochána continues to tackle public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour. The Deputy will appreciate that I do not have a role in relation to Garda policing strategies in any particular local area but have brought Deputy's specific concerns to the attention of the Garda authorities.
Anyone affected by the matters referred to should, of course, contact their local Garda station. Alternatively, information can be provided to An Garda Síochána by way of the Garda confidential line, 1800 666 111, which is a monitored freephone line that allows members of the public to contact An Garda Síochána with information of a confidential nature.
I might add that there is a range of strong legislative provisions available to an An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. There are also the incremental provisions contained in the Criminal Justice Act 2006 which provide for warnings and civil proceedings in relation to anti-social behaviour by adults and Part 13 of the Act which provide for warnings, good behaviour contracts and civil proceedings in relation to anti-social behaviour by children.
The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities as part of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will appreciate that the specific allocation of personnel and other resources is a matter for the Garda Commissioner, but I am assured that the Garda National Model of Community Policing continues to play a key part in responding to crime by taking into account and responding to local conditions and needs. This commitment is also very evident in the new Garda Síochána Modernisation and Renewal Programme, which was recently launched by the Commissioner, and as part of which new Community Policing Teams are to be introduced in each Garda District.
Local policing measures to address the type of issues referred to by the Deputy will undoubtedly benefit from the resources now coming on stream through the Garda recruitment programme, and in particular the Government's commitment to increase Garda numbers to 15,000. We are working on measures to accelerate this programme so as to ensure that the Commissioner has the capacity to address the needs of communities throughout the country and into the future.
101. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her proposals to introduce an administrative scheme for migrants who wish to regularise their undocumented status; and if she will make a statement on the matter. [17330/16]
View answer103. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the time the Irish Naturalisation and Immigration Service requires to administer applications from migrants seeking to regularise their status; and if she will make a statement on the matter. [17332/16]
View answerI propose to take Questions Nos. 101 and 103 together.
I have no plans to introduce a general regularisation scheme for those who are currently undocumented in the State as a proposal of this nature could give rise to very large, unpredictable and potentially very costly impacts across the full range of public and social services. Also any possible implication for the operation of the Common Travel Area would also have to be very carefully considered.
At EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases. It is open to persons in an undocumented situation to present their case on its merits, to have it considered and to abide by the decision.
We are entitled to expect that people coming here will obey our laws, including those that relate to immigration. It is open to any foreign national who finds him or herself in an undocumented situation to apply to the authorities for permission to remain. Cases are carefully considered before a decision is made and it is reasonable for the State to expect that people will respect that decision. It should also be remembered that most people become undocumented through their own conscious actions or omissions. Recognising that in a minority of instances that may not be the case, the Department has operated a scheme - for those who already held an employment permit - to address the situation of those who became undocumented through no fault of their own. All cases are dealt with on an individual basis and if the Deputy has a particular case in mind he should contact the officials in my Department with the details.
Ireland has shown itself to be a country that is open to migration. In that regard, it should be noted that over the past 5 years nearly 100,000 persons have been naturalised.
102. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the backlog in processing applications by migrants seeking humanitarian leave to remain; and if she will make a statement on the matter. [17331/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the statistics are being compiled and will be provided to the Deputy in due course.
104. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if the office for the promotion of migrant integration within her Department still operates; the work it has carried out in the past two years; and if she will make a statement on the matter. [17333/16]
View answerThe Office for the Promotion of Migrant Integration (OPMI) in my Department continues to have responsibility for promoting the integration of migrants into Irish society. Details of its activities are to be found on its website www.integration.ie.
OPMI chairs a Cross-Departmental Group which is tasked with preparing a Draft Migrant Integration Strategy, having engaged in a public consultation process which involved key stakeholders including relevant NGOs. This work is very advanced and I expect the strategy to be published in the Autumn.
In addition, Ireland is one of 27 States that participate in a refugee resettlement programme led by the United Nations Commissioner for Refugees (UNCHR). OPMI is the Irish Government Office which manages this process. In recent years, the focus of the work of this Office has been on the resettlement of persons displaced by the Syrian conflict who are living in one of the hosting countries in the region, for example those living in Lebanon, Jordan or Turkey. In 2015, the Office resettled 176 refugees from Jordan and Lebanon. To date in 2016, 110 refugees have been resettled from Lebanon. A further 247 refugees were selected during a selection mission to Lebanon in January 2016. These cases have now been security screened and are in the process of being health screened at present. They are expected to arrive in Ireland between July and September 2016. Staff of OPMI have participated in selection missions to Lebanon in March and July 2015 and again in January 2016 to facilitate this process.
OPMI also oversees national and European funding for the promotion of integration. In 2014, 2015 and from January to May 2016, around €3.1 million in grants has been paid, including grants for resettlement and an European Social Fund measure to improve the employment prospects of immigrants. Preparations have been made for a call for applications under this measure which will take place in early September and for a call in respect of the EU Asylum, Migration and Integration Fund which will take place at the same time.
OPMI also participates in EU and international fora relevant to its responsibilities including the EU National Contact points on Integration (now called the European Migration Forum) and the Forum on Resettlement and Relocation.
105. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if she proposes to introduce an integration strategy for migrants; and if she will make a statement on the matter. [17334/16]
View answerThe Office for the Promotion of Migrant Integration, an Office operating under the ambit of my Department, has a cross-Departmental mandate to develop, lead and coordinate migrant integration policy across other Government Departments, agencies and services. This Office is currently engaged in a review of the approach to the integration of migrants with a view to the preparation and publication of a new updated Migrant Integration Strategy.
The work undertaken by the Office thus far has included, inter alia, an extensive public consultation process including the involvement of key stakeholders. The work is very advanced and I expect that the Strategy will be published in the Autumn.
106. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality if she will consider to the exceptional humanitarian circumstances and take measures to ensure the safe passage of persons (details supplied) to Ireland; and if she will make a statement on the matter. [17102/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons referred to are of a nationality required to hold a valid visa in order to travel to Ireland.
I am also advised that an official from INIS was in touch with their family member to advise on the procedure for making visa applications. However, it appears that the persons involved do not currently hold valid travel documents and it is therefore not possible to process visa applications until such time as they do.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to the INIS Visa Office (visamail@justice.ie).
107. Deputy James Browne asked the Minister for Finance if it is permissible for an insurance company not to insure a person (details supplied), given that each of the persons have a card approved by a general practitioner, GP, under the medical card scheme; and if he will make a statement on the matter. [16667/16]
View answerI am advised that the matter raised by the Deputy in this Parliamentary Question relates to motor insurance.
As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Neither I, nor the Central Bank of Ireland, may interfere in the provision or pricing of insurance products. The EU framework for insurance expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing, or terms and conditions of an insurance product.
The provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks. These are considered by insurance companies on a case by case basis.
Insurance Ireland, which represents the insurance industry in Ireland, has informed me that motor insurers use a combination of rating factors in making their individual decisions on whether to offer cover and what terms to apply. Factors include those such as the age of the driver, the type of car, the claims record, driving experience, the number of drivers, how the car is used, etc.
Insurance Ireland has also informed me that if an individual has a valid driving licence and has medical confirmation that any ailment or sickness suffered does not render them unfit to drive, then their insurer is obliged to offer them an insurance quote. Also, the legislative framework does not impose individual age limits on motor insurance.
In the event that the person in question is unable to obtain a quotation for motor insurance or feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, they should contact Insurance Ireland, 5 Harbourmaster Place, IFSC, Dublin 1, Telephone +353 1 6761820 quoting the Declined Cases Agreement.
108. Deputy James Browne asked the Minister for Finance why insurance companies will not cover drivers due to their age; if it is permissible for insurance companies to have an upper age requirement; and if he will make a statement on the matter. [16669/16]
View answerAs Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Neither I, nor the Central Bank of Ireland, may interfere in the provision or pricing of insurance products. The EU framework for insurance expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing, or terms and conditions of an insurance product.
The provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks. These are considered by insurance companies on a case by case basis.
There are no individual age limits on motor insurance. Insurance Ireland, which represents the insurance industry in Ireland, has informed me that motor insurers use a combination of rating factors in making their individual decisions on whether to offer cover and what terms to apply. Factors include those such as the age of the driver, the type of car, the claims record, driving experience, the number of drivers, how the car is used, etc.
In the event that a person is unable to obtain a quotation for motor insurance or feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, they should contact Insurance Ireland, 5 Harbourmaster Place, IFSC, Dublin 1, Telephone +353 1 6761820. quoting the Declined Cases Agreement.
109. Deputy Mary Lou McDonald asked the Minister for Finance his plans to tackle the extraordinary hike in car insurance premiums following the Private Members' business motion on this issue last week. [17002/16]
View answerDiffering reasons have been put forward by various interested parties to explain Ireland's current increasing insurance costs. Motor insurance appears to be particularly affected with the cost of premiums increasing significantly in the past 12 months. In fact, there are a number of factors that drive the cost of insurance.
Reasons often presented include the increased level of insurance claims and the increasing value of compensation awards. Others highlight that the highly competitive nature of the domestic market for non-life insurance in recent years has begun to impact on firms' underwriting profitability with underwriting losses reported in 2014 for a number of high-impact firms.
To examine these issues in more detail and to assess what the options are for the Government, I have established a task force in my Department to undertake a Review of Policy in the Insurance Sector. The first phase of the work of the task force, which began in January 2016, is a review of the Framework for Motor Insurance Compensation. This is being carried out jointly with the Department of Transport, Tourism and Sport. This review also deals with broader issues around the Insurance Compensation Fund and its report will be submitted shortly to me and my colleague, the Minister for Transport, Tourism and Sport.
The broader work of the task force includes an examination of the issues debated during the Dáil Private Member's Motion of the 8th and 9th of June. The work is being undertaken in consultation with the Central Bank of Ireland, other Government Departments, Agencies and interested bodies. The aim of the review is to identify the factors contributing to the increasing costs of insurance, and to recommended measures to improve the functioning and regulation of the insurance sector in Ireland, identifying the issues that can be addressed on a more immediate basis and those that need more long-term policy implementation.
This work will be completed over the coming months.
110. Deputy Michael Healy-Rae asked the Minister for Finance the status of an application by a person (details supplied) who was declined a certificate under the primary care medical scheme; and if he will make a statement on the matter. [17028/16]
View answerAs the Deputy is aware, a Primary Medical Certificate is required to claim the tax reliefs provided under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria to receive a Primary Medical Certificate. An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual.
Hearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.
The Medical Board of Appeal holds regional clinics as demand arises. I'm informed that one clinic per year, for the past four years, has been held in Cork City. A regional clinic is scheduled for September this year in the Mercy University Hospital, Cork City. The Medical Board of Appeal conducts appeals in the appropriate clinical environment, and cannot undertake appeals in appellants' homes.
Regulation 6(1)(e) of the Disabled Drivers and Disabled Passengers (Tax Concession) Regulations 1994 (S.I. 353 of 1994) mandates that the Medical Board of Appeal is independent in the exercise of its functions.
111. Deputy Robert Troy asked the Minister for Finance why the car insurance industry will not honour driving experience overseas for emigrants who are returning home (details supplied). [17312/16]
View answerAs Minister for Finance, I am responsible for the development of the legal framework governing financial regulation but am prohibited from interfering in the provision or pricing of insurance products. The EU framework for insurance expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing, or terms and conditions of an insurance product.
The provision of insurance cover and the price at which it is offered, including the granting of no claims discounts, is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks. These are considered by insurance companies on a case by case basis. Variations in the costs and risks of providing motor insurance cover can vary between different countries.
With regard to no claims discounts for persons returning from abroad, Insurance Ireland has informed me that, in general terms, where there has been no motor insurance in an individual's name and there is a gap of cover of two years or more since their last insurance, the no claims discount is deemed invalid. However, Insurance Ireland has further stated that if the individual can produce confirmation that they were continually insured and are claims free in their own name while they were away, this would be taken into consideration.
My Department has embarked on a review of policy in the insurance sector which is being undertaken in consultation with the Central Bank and other Departments and Agencies. The objective of the Review is to recommend measures to improve the functioning and regulation of the insurance sector.
The first phase of the Review is focussed on the motor insurance compensation framework and this work is nearing completion. The next phase of the Review involves examining the factors contributing to the increasing cost of insurance and identifying what short-term measures can be introduced to help reduce the cost of insurance for consumers and businesses. Work on the Review of Policy in the Insurance sector will continue over the coming months and it will include an examination of the issues affecting persons returning from abroad when they attempt to obtain motor insurance.
I would also add that Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance. In the event that a person is unable to obtain a quotation for motor insurance or feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, they should contact Insurance Ireland, 5 Harbourmaster Place, IFSC, Dublin 1, Telephone +353 1 6761820 quoting the Declined Cases Agreement.
112. Deputy Paul Murphy asked the Minister for Finance if he has agreed to pay four weeks' redundancy for each year worked to former employees of the Irish Bank Resolution Corporation; if he will treat this as a valid unsecured creditor claim; the measures he will take to ensure the payment of redundancy to former staff; and if he will make a statement on the matter. [16675/16]
View answerI am informed by the Special Liquidators that employee claims for an additional four weeks pay per year of service over and above statutory redundancy entitlements have been reviewed and adjudicated by the Special Liquidators.
The Special Liquidators have confirmed that, based on legal advice, these claims for additional redundancy entitlements have not been admitted as unsecured creditors in the liquidation.
