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Friday, 16 Sep 2016

Written Answers Nos. 111-131

Citizenship Applications

Questions (111)

Seán Fleming

Question:

111. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality if she will provide a list of the application fees for citizenship; if there is a reduction for EU citizens who wish to take up Irish citizenship; if there are any circumstances where a reduced cost of the fees can apply; and if she will make a statement on the matter. [25098/16]

View answer

Written answers

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation. The standard certification fee is set at €950. The Regulations provide for a reduced fee of €200 in the case of an application made on behalf of a minor, or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil.

The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. There is no reduction for EU citizens.

The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.

All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department; however, currently there are no plans to reduce or abolish these fees.

Question No. 112 answered with Question No. 23.

Garda Data

Questions (113)

Pearse Doherty

Question:

113. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of arrests made by An Garda Síochána for each of the past two years for driving without insurance; and if she will make a statement on the matter. [25133/16]

View answer

Written answers

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy and I will forward this report to the Deputy as soon as the information is to hand.

The Deputy may be interested to note that the Central Statistics Office (CSO) published statistics relating to the number of persons convicted following failure to have, produce, display, etc. insurance in the most recent Garda Recorded Crime Statistics for the period 2009-2013, which was published on 27 November 2015. The total number of convictions for failure to have, produce, display, etc. insurance in 2013 (the most recent statistics available) was 2,652. The CSO is currently compiling Garda Recorded Crime Statistics for the period 2010-2014. I have requested the CSO to forward 2014 conviction statistics in respect of this offence to the Deputy directly as soon as these become available.

Child Abduction

Questions (114)

Michael Healy-Rae

Question:

114. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on correspondence regarding the case of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [25137/16]

View answer

Written answers

The Central Authority for International Child Abduction was established following the enactment of the Child Abduction and Enforcement of Custody Orders Act 1991 and is in my Department. The function of the Central Authorities network, and the international instruments and legislation underpinning them, is to facilitate applications for the return of children who have been abducted, usually by a parent to another contracting State.

It provides a mechanism whereby a left behind parent can request the return of their wrongfully removed/retained child through this network. Where a parent applies for the return of a child, the Central Authority ensures that the application meets the requirements of these laws before forwarding the application to the relevant Central Authority abroad which in turn will forward it to a competent/deciding authority, usually a court in their State.

The Irish Central Authority does not have an active role in the proceedings in the foreign court as such; it monitors the progression of applications and keeps applicants or their legal representatives informed of any developments as soon as possible. In cases where foreign courts are involved, these proceedings must run their course (including appeals) in accordance with the rules of that other jurisdiction and the progress of these cases is dependent on these authorities.

The Deputy will appreciate that it would not be appropriate for me to comment on a matter which is the subject of legal proceedings. However I can assure the Deputy that our Central Authority is in regular contact with the other EU Central Authority and the applicant's legal representative in relation to this matter and continues to provide what assistance it can within its remit given both the circumstances of this case and the dependence on the judicial process in the other jurisdiction.

Immigration Status

Questions (115)

Bernard Durkan

Question:

115. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [25148/16]

View answer

Written answers

I have been informed by the Irish Naturalisation & Immigration Service (INIS) of my Department that a letter issued to the person concerned on 22 August 2016 requesting further documentation in relation to their application for residency in the State. A reply is awaited.

Queries in relation to the status of individual immigration cases may be made directly to 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Questions (116)

Bernard Durkan

Question:

116. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current and expected position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [25155/16]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they are not in receipt of any application for long term residency from the person concerned. In the circumstances, I would suggest that the person make such an application and give full details of their current circumstances in the State, to enable a decision to be made in this regard.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or long awaited .

Student Visas Applications

Questions (117)

Bernard Durkan

Question:

117. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate a student visa extension until November 2016 in the case of a person (details supplied); and if she will make a statement on the matter. [25158/16]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they are not in receipt of any application for an extension of student permission from the person concerned. In the circumstances, I would suggest that the person make an application for an extension of student permission and give full details of their current circumstances in the State, along with the appropriate student documentation, to enable a decision to be made in this case.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or long awaited.

Leave to Remain

Questions (118)

Bernard Durkan

Question:

118. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will use her discretion to grant Leave to Remain in the case of a person (details supplied); and if she will make a statement on the matter. [25163/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order, made on 11th March 2005 following a comprehensive and thorough examination of their asylum claim and a detailed examination of the representations they submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). That Order, which was served by registered post dated 1st April 2005, remains valid and in place.

The person concerned, through their legal representative, has made a request to have that Deportation Order revoked, based on the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request will be considered as soon as it is possible to do so. The Deputy might wish to note that the resulting decision will be to 'affirm' or to 'revoke' the existing Deportation Order.

The person concerned, again through their legal representative, has also sought to be re-admitted to the asylum/protection process, pursuant to the provisions of Section 17 (7) of the Refugee Act 1996 (as amended) and the initial decision in this regard is currently under review. Once a final decision has been arrived at, it will be notified in writing. The Deputy might wish to note that the resulting decision in this instance will be to re-admit, or refuse to re-admit, the person concerned to the asylum/protection process.

Given that the person concerned is the subject of a valid Deportation Order, there is no basis for having a Stamp 4 based immigration permission granted to them as things stand. However, the applications already referred to will be considered in due course and decisions will be notified as soon as it is possible to do so.

Queries in relation to the status of individual immigration cases may be made directly to the 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 might consider using the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Student Visas Eligibility

Questions (119)

Bernard Durkan

Question:

119. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will facilitate a visa extension until the end of 2017 in the case of a person (details supplied); and if she will make a statement on the matter. [25178/16]

View answer

Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they are not in receipt of any application for an extension of student permission from the person concerned. In the circumstances, I would suggest that the person make an application for an extension of student permission and give full details of her current circumstances and that of her family in the State to enable a decision to be made in her case.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or long awaited.

Cumas Gaeilge sa Gharda Síochána

Questions (120)

Éamon Ó Cuív

Question:

120. D'fhiafraigh Deputy Éamon Ó Cuív den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais cén líon comhaltaí nua le Gaeilge a tugadh isteach sa Gharda Síochána i ngach babhta earcaíochta ó 2012 i leith faoin socrú go mbeadh sruth ar leith earcaíochta ann do dhaoine atá líofa sa Ghaeilge; cén líon acu siúd atá curtha ar dualgas faoin tráth seo sa Ghaeltacht agus cé na stáisiúin a bhfuil said lonnaithe iontu; cé na socruithe atá á ndéanamh lena chinntiú go mbeidh na Gardaí ar fad atá lonnaithe sa Ghaeltacht in ann a ngnó mar Ghardaí a dhéanamh trí Ghaeilge; agus an ndéanfaidh sí ráiteas ina thaobh. [25190/16]

View answer

Written answers

Tá An Garda Síochána lántiomanta a chuid oibleagáidí faoi Acht na dTeangacha Oifigiúla a chomhlíonadh.

I ndáil leis an méid sin, déantar iarratasóirí atá líofa sa Ghaeilge agus a chomhlíonann na critéir incháilitheachta eile go léir a mheasúnú faoi shruth speisialta Gaeilge. Déantar iarratasóirí a n-éiríonn leo ón sruth seo a shannadh do limistéir Ghaeltachta ar feadh tréimhse de réir chinneadh Choimisinéir an Gharda Síochána. Chuir Coimisinéir an Gharda Síochána in iúl dom gur éirigh le 29 iarratasóir a rinne iarratas faoin sruth speisialta Gaeilge i gcomórtas 2013 agus go ndeachaigh beirt iarratasóirí a rinne iarratas faoin sruth speisialta Gaeilge in 2016 i mbun traenála i gColáiste an Gharda Síochána.

Tá an Rialtas seo tiomanta a chinntiú go mbeidh láithreacht láidir sofheicthe ag An Garda Síochána ar fud na tíre d'fhonn rannpháirtíocht an phobail a chothabháil agus a neartú, saoránaigh a chur ar a suaimhneas agus coireacht a dhíspreagadh. Is é an rud is tábhachtaí chun an sprioc sin a bhaint amach ná an gealltanas sa "Clár do Rialtas Comhpháirtíochta" chun leanúint leis an gclár luathaithe maidir le Gardaí a earcú le súil agus an líon Gardaí a ardú go dtí 15,000. Ag cur san áireamh an líon Gardaí is dócha a rachaidh ar scor, d'fhonn 15,000 Garda a bhaint amach beidh gá le tuairim is 3,200 comhalta nua a earcú chuig an nGarda Síochána ar bhonn céimnithe sna ceithre bliana amach romhainn, anuas ar an 1,200 a bheidh earcaithe faoi dheireadh na bliana seo ó athosclaíodh Coláiste an Gharda Síochána i Meán Fómhair 2014. Go dtí seo, tá 534 earcach fianaithe mar chomhaltaí den Gharda Síochána agus mar Ghardaí ar promhadh. Tá siad sannta do stáisiúin a chomhlíonann critéir shonracha lena chinntiú go bhfaighidh siad an taithí is gá a fháil chun gach gné dá gcuid traenála a chur i gcrích de réir riachtanais an B.A. sa Phóilíneacht Fheidhmeach. Tuigim gur cuireadh sin san áireamh nuair a sannadh na Gardaí ar promhadh a tháinig tríd an sruth Gaeilge, agus gur sannadh na daoine sin a bhí faoi oiliúint do stáisiúin traenála i Rannóga a bhfuil limistéir Ghaeltachta mar chuid díobh, nuair ab fhéidir sin.

D'fhonn earcaíocht leanúnach a chinntiú, bhí áthas orm a fhógairt gur cuireadh tús le feachtas earcaíochta nua an 8 Meán Fómhair, lena mbaineann sruth speisialtóra Gaeilge.

An tSeirbhís um Cheapacháin Phoiblí, thar ceann Choimisinéir an Gharda Síochána, atá ag eagrú an fheachtais. Ní mór iarratais a dhéanamh trí www.publicjobs.ie roimh an dáta deiridh a nglacfar le hiarratais, an 29 Meán Fómhair 2016. Tá an feachtas earcaíochta reatha (a seoladh mí na Samhna seo caite) fós ar siúl agus leanfar ar aghaidh ag glaoch ar iarratasóirí a n-éireoidh leo san fheachtas sin i mbliana agus sa bhliain amach romhainn. Táthar ag súil go rachaidh na hiarratasóirí a n-éireoidh leo san fheachtas nua isteach i gColáiste an Gharda Síochána ó lár 2017 ar aghaidh.

Stáisiúin Gharda

Questions (121)

Éamon Ó Cuív

Question:

121. D'fhiafraigh Deputy Éamon Ó Cuív den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais cén líon stáisiún Garda Síochána atá lonnaithe sa Ghaeltacht; cén líon Gardaí atá lonnaithe i ngach stáisiún acu agus cén chéim atá ag gach comhalta acu; cén t-ainm atá ar gach stáisiún agus cén contae ina bhfuil sé suite; agus an ndéanfaidh sí ráiteas ina thaobh. [25191/16]

View answer

Written answers

Tá iarrtha agam ar Choimisinéir an Gharda Síochána an fhaisnéis shonrach a iarradh a thabhairt dom agus cuirfidh mé an Teachta ar an eolas nuair a bheidh sí faighte agam.

Naturalisation Applications

Questions (122)

Bernard Durkan

Question:

122. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the process to be followed in order to regularise a person (details supplied); and if she will make a statement on the matter. [25228/16]

View answer

Written answers

I understand that the Deputy's question on behalf of the person concerned relates to the process of becoming an Irish citizen. The granting of an application for a certificate of naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -

- be of full age

- be of good character

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years

- intend in good faith to continue to reside in the State after naturalisation

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows

- (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

- (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the all the statutory requirements. An on-line residency calculator is available on the website www.inis.gov.ie which may be of assistance in establishing if the residency requirements are met.

Section 16 of the Act provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. There is no right or entitlement to have any of the conditions waived, it is entirely at the Minister's discretion.

Garda Resources

Questions (123)

Seán Haughey

Question:

123. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality if she is satisfied that the Garda in Ballymun, Dublin 11, has adequate manpower and resources, including patrol cars, to deal with the crime situation in the Santry area; and if she will make a statement on the matter. [25239/16]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and resources among the Garda Regions, Divisions and Districts and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under continual review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

Ballymun forms part of the Dublin Metropolitan North (DMR North) Division. I have been informed by the Garda Commissioner that the Garda strength of that Division, on the 31 July 2016, the latest date for which figures are readily available, was 224. Of these some 120 are stationed in Ballymun with another 84 stationed in Santry. There are also 11 Garda Reserves and 11 civilians attached to the Ballymun District.

There are 130 vehicles assigned to the Division. The breakdown by District is provided in the table. It is the responsibility of the Divisional Officer to allocate vehicles within his/her Division as appropriate.

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 a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of whom 41 have been assigned to the DMR North. Another 150 recruits are due to attest later this year.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.

As I have stated previously, when accelerating recruitment it is essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its training programme, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims and the public are well served. I welcome the detailed planning process that the Commissioner and her team have in place to ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.

Garda Fleet Details – DMR NORTH Division on 14/09/2016

Cars

Vans

M/Bikes

4X4

MPV

Total

Marked

Unmarked

Total

Total

35

54

89

34

2

2

3

130

BALBRIGGAN DISTRICT

5

4

9

3

0

0

0

12

BALLYMUN DISTRICT

13

25

38

24

2

2

3

69

COOLOCK DISTRICT

9

16

25

3

0

0

0

28

RAHENY DISTRICT

8

9

17

4

0

0

0

21

Naturalisation Applications

Questions (124)

Eugene Murphy

Question:

124. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied) for naturalisation status; if all required documentation has been submitted; when she will make a decision; and if she will make a statement on the matter. [25241/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible. No further information is required from the person at this time.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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 established specifically 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.

Personal Injury Claims

Questions (125)

Brendan Griffin

Question:

125. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if the figures are available for the number of personal injury cases which required court proceedings; and if she will make a statement on the matter. [25254/16]

View answer

Written answers

As the Deputy will be aware, my responsibilities as Tánaiste and Minister for Justice and Equality do not extend to matters relating to the Personal Injuries Assessment Board and my answer therefore addresses the matter of Court proceedings in 2015 relating to personal injury cases.

The Deputy will also be aware that the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, including the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has provided the information in the table which is also contained in the Courts Service Annual Report 2015.

Personal Injury Cases – 2015

-

Incoming

Resolved

by Court

Resolved

out of Court

High Court

7,219

814

3,377

Circuit Court

10,631

4,973

426

District Court

1,142

501

0

Total

18,992

6,288

3,803

EU Directives

Questions (126)

Colm Brophy

Question:

126. Deputy Colm Brophy asked the Tánaiste and Minister for Justice and Equality if Ireland has transposed and implemented into Irish law the Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combatting terrorism; and if she will make a statement on the matter. [25276/16]

View answer

Written answers

The European Union Council Framework Decision 2008/919/JHA has been given effect to in Irish law by the Criminal Justice (Terrorist Offences)(Amendment) Act 2015 which was passed by this House in May 2015.

Question No. 127 answered with Question No. 99.

Naturalisation Applications

Questions (128)

John Brassil

Question:

128. Deputy John Brassil asked the Tánaiste and Minister for Justice and Equality if she will examine an application in respect of a person (details supplied); and if she will make a statement on the matter. [25377/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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 established specifically 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.

Commissions of Investigation

Questions (129)

Clare Daly

Question:

129. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if she will initiate a commission of investigation into the case of a person (details supplied). [25390/16]

View answer

Written answers

The particular case to which the Deputy refers 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 were made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives with a view to determining to what extent and in what manner further action may have been required in each case.

The outcome of the review in this case was communicated to the complainant in a notification letter issued in December 2015. The letter of notification set out the reasons for the recommendation made by the member of the IRM panel who examined the papers. I accepted that recommendation, as I have done in all of the cases referred to the IRM.

The House may not be aware that the complainant in this case has also initiated a civil legal action against the State based on the same matters considered by the IRM. In the circumstances, Deputies will appreciate that I must respect the independence of the Courts in this regard and so I do not intend to make any further comment in order to avoid any possible prejudice to those proceedings.

By way of context, I would remind the House that the IRM Panel provided recommendations to me in all 320 cases submitted to them and has now concluded its work. The issuing of notification letters to complainants, with one exception, concluded in February 2016. The final notification letter issued on 13 July 2016.

I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. Its purpose was to triage the allegations to see whether further action was needed and what that action would be. I have previously assured Deputies that where further investigation has been recommended by the review then that will occur. However, I have also pointed out that in a large proportion of cases, counsel would be likely to recommend that no further action could reasonably be taken. This has proven to be the case.

In circumstances where individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled, it is inevitable that many of those complainants who were informed that no further action was recommended, will be unhappy with that outcome. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.

Departmental Expenditure

Questions (130)

Pearse Doherty

Question:

130. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the landlords to which her Department or bodies under its aegis paid rent in each of the past three years; and the sums paid in each case. [25421/16]

View answer

Written answers

I wish to advise the Deputy that the information he sought is set out in the table. Please note that this includes payments in respect of properties of major institutions of the State such as An Garda Síochána, the Courts Service and the Irish Prison Service.

Name of Landlord

Rent paid in 2013 (€)

Rent paid in 2014 (€)

Rent paid in 2015 (€)

Jones Lang LaSalle

716,080

716,080

714,407

Regus

Nil

Nil

191,829

John Whelan

25,000

25,000

25,000

Leslie Kertesz, Antonia Kertesz, Joseph McCarron and TJ Walsh

373,333

373,333

373,333

Edward Byrne

58,500

58,500

58,500

Ciaran Brady

20,036

20,036

20,036

Charles J Delaney

65,040

65,040

65,040

Southside Taverns Ltd

52,250

52,250

52,250

Sherborough Developments

39,000

19,500

Nil

South Dublin County Council

20,295

27,060

John Redmond

36,333

24,000

24,000

Denis Naughton

43,700

43,700

43,700

Brian Moran

36,000

36,000

36,000

Grays Lane Partnership

75,180

75,180

75,180

Irish Estates/Denis & Dan O'Flynn

47,000

47,000

47,000

Canurie Limited

27,000

27,000

27,000

Burke & Conneely

71,000

71,000

71,000

Golden Eagle Developments

38,260

38,260

38,260

Brookthorn Limited

34,776

34,776

34,776

Albert Conneally

38,000

38,000

38,000

Eileen O'Shea

27,500

27,500

27,500

Lynch & Carey

52,000

52,000

52,000

M&C Property

16,665

Peter Ryan & L O'Kelly

33,331

22,220

5,555

Longford Credit Union

12,000

12,000

12,000

Gerard Wall

34,770

Kevin Moore(Building Contractor)Ltd

Nil

25,022

26,000

M A C Honan

30,000

30,000

30,000

Tuscany Properties

48,750

48,750

48,750

Earnán Esmonde

24,000

18,000

Nil

Euroglobal

Nil

37,977

12,659

CBRE

Nil

Nil

29,439

Irish Bank Resolution Corporation in Special Liquidation

21,600

10,800

Nil

Mark & Louise Skeath

Nil

10,800

21,600

Desmond Houlihan

27,500

27,500

27,500

Ulysses Properties Ltd Partnership

Nil

1,496,476

1,734,097

Gerard Murphy

27,600

27,600

27,600

Baba Exports Ltd

25,000

6,250

Newbridge Arcade Ltd

Nil

18,750

25,000

Noel & K Elliott

38,230

38,230

38,230

Lambe Brothers

30,000

30,000

30,000

Palin Properties Ltd

206,129

51,532

Murphy Mulhall & Partners Limited

Nil

154,597

129,951

New Ireland Assurance Company

260,000

260,000

Nil

Danninger

685,467

171,367

Dan & Kathleen Lynch

36,000

36,000

36,000

Jessfield Limited

120,000

120,000

120,000

The Paddy Bowen Pension Fund

39,140

39,140

39,140

Garben Properties Ltd.

61,500

46,125

Nil

William Carey Liquidator

15,375

61,500

Purefresh Fruit Juices Ltd (in receivership)

28,290

28,290

28,290

O'Malley Group (Homes & Developments) Ltd

46,402

46,402

46,402

Christopher, Alice & James Slevin

36,900

36,900

36,900

Andrew McGeough

30,000

30,000

30,000

Family Life Services (Curam Clainne Ltd)

12,000

13,332

13,332

Niall J Townsend

44,280

44,280

44,280

Houlihan & Crowe

38,376

38,376

38,376

Canada Street Acorn Partnership

43,287

43,287

43,287

John Grace & Michael Lalor

33,210

33,210

33,210

Gildea Developments Ltd.

17,066

17,066

17,066

Liam and Róisín Carroll

341,364

387,386

150,692.5

Office of Public Works

284,425

18,075

18,075

Smithfield Property Development Ltd (John Byrne)

3,158,238

3,053,688

3,105,963

1. Ciaran Lahiff T/A Lahiff & Co. 2. P.J. O' Sullivan

67,519

51,260

53,033

Liam O'Farrell, Philomena McDermott, Carmel Anne McDermott, Orlaith McDermott, Siobhan McDermott, Seamus McDermott T/A Bridtron Limited

265,075

159,045

212,060

1. Halthem Limited (In Receivership) 2. Active Facilities Property

522,765

378,506

428,285

Law Library Properties Ltd

15,375

Nil

Nil

Derek Kent & Laurena Kent

102,630

135,386

80,143

1. Newlyn Co-ownership (In Receivership) 2. DOT Opportunity Nominees 2 Ltd 3. Savills Commercial Ireland 4. Bray Civic Centre

541,332

530,025

535,051

George Kent

Nil

Nil

123,750

John Hodgins & Jean Hodgins

42,522

39,204

12,547

Tasik Limited

89,790

90,486

89,790

Marie Cusack

43,050

43,050

43,050

Westmeath County Council

64,900

64,900

66,200

John (Sean) Diver

17,500

17,000

17,000

O'Hara Properties

85,003

2,185

Patrick Mc Donagh

13,500

6,750

13,500

HSE (Health Service Executive)

13,000

13,000

13,000

Dr. Colm Quirke

12,375

37,125

24,750

Mr. Colm Burke

21,659

19,907

19,907

Lee Strand Construction & Development Ltd

117,191

117,191

80,917

1. Michael & Pat Ryan 2. O'Connor Property Management

29,828

Nil

309,062

Kilfoylan Vale Limited

Nil

Nil

143,004

Park Vine Limited

39,185

39,185

39,185

Millfield Investment Ltd

37,863

32,000

24,000

The Craig Partnership

49,000

Nil

Nil

Savills Commercial Ireland

7,772

Nil

Nil

Vault CMBS Nominee 1 Ltd.

982,376

October Investments PLC

83,640

83,640

83,640

Blanchardstown Investment PLC

108,240

Garda Interview Facilities*

256,577

253,767

239,133

Trinity College Dublin

32,433

32,433

24,325

Irish Estate (Management ) Limited

€388,000

€192,936.99

Nil

*For certain properties leased to An Garda Síochána the landlord names have been withheld for security reasons.

UN Conventions Ratification

Questions (131)

Jan O'Sullivan

Question:

131. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality when she expects that Ireland will ratify the UN Convention on the Rights of Persons with Disabilities; the legislative measures that need to be taken to facilitate the ratification; and if she will make a statement on the matter. [25439/16]

View answer

Written answers

On 21 October 2015, the previous Government published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department’s website, sets out the substantial legislative agenda required for ratification.

Considerable progress has already been made to overcome barriers to Ireland’s ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.

Work is also underway on drawing up an Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department's website. Enactment is expected by the end of the year.

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