Written Answers Nos. 76 - 95
76. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the starting salary and allowances in place for gardaí as and from 1 January 2010; and if she will make a statement on the matter. [33754/16]
View answer77. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the starting salary and allowances in place for gardaí as and from 1 November 2016; and if she will make a statement on the matter. [33755/16]
View answerI propose to take Questions Nos. 76 and 77 together.
The position as of 1 November 2016 is that trainee Gardaí are supported while completing their 2 year BA in Police Studies. For the 32 week duration of phase 1 of their training they receive a basic weekly allowance of €184 and full board in the Garda College. After 32 weeks they are fully attested and move onto the first point of the Garda incremental pay scale of €23,750. The incremental scale rises to €42,138 per annum after 8 years with two further increments after 13 and 19 years' service which bring the maximum of the pay scale to €45,793 per annum after 19 years. New Gardaí, like all public servants, will see their salary increased by €1,000 in September 2017 under the Lansdowne Road Agreement, as part of the Government's commitment to the gradual restoration of pay.
When considering Garda pay it is, however, important to recall that the Garda salary scale does not represent the full earnings of a Garda as it does not include any allowances which form a very significant part of Garda earnings. Newly attested Gardaí assigned to frontline duties work the Garda Roster which attracts unsocial hours payments. They also qualify for uniform allowance and boot allowance. Taking account of these allowances I am informed by the Garda Commissioner that the average earnings of a newly attested Garda in the first year of their probation is approximately €30,500.
In January 2010, the first point of the Garda salary scale was €25,745. Having regard to a restructuring of the training programme in the intervening years this is not directly comparable with the position that pertains at present. In addition, newly attested Gardaí at that time qualified for the rent allowance. Following a review of all allowances in the public service during 2011 and 2012, the Government decided on 18 September 2012 that this allowance should be abolished for all new public servants including Gardaí, Prison Officers and Fire Officers. It is acknowledged that this decision has had a significant impact on new Gardaí recruited since the reopening of the Garda College in September 2014.
As the Deputy will be aware, on Thursday last the Labour Court issued recommendations in respect of disputes involving the Garda Representative Association (GRA) and the Association of Garda Sergeants and Inspectors (AGSI). The Court's recommendations, which are to be balloted on by members of the two Associations in the coming weeks, would benefit new recruits in a number of ways. In particular, the Court has recommended that the rent allowance abolished for new recruits in 2012, be restored and increased by €500 per annum to €4,655. The allowance is to be incorporated into pay which would result in increased unsocial hours and overtime payments. The Labour Court has also recommended the introduction of a premium payment of €15 for every annual leave day to acknowledge the fact that the operation of the administration of justice has the effect of diminishing the certainty of approved annual leave for Gardaí. Paid 15 minute pre-tour briefing/tasking sessions are also recommended by the Court and together with the recommendations referred to above, would benefit all Gardaí, including new recruits.
These recommendations, if accepted, will have a significant positive effect on the remuneration of new recruits and I am sure that all concerned will give them the detailed consideration that they deserve.
78. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality if national lottery funding is available at present through her Department to support the work of community groups; if so, if there are specific programmes eligible for grant assistance; the details of same; and if she will make a statement on the matter. [33276/16]
View answerI wish to advise the Deputy that at present there is no National Lottery Funding available to my Department.
79. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of an application for asylum in respect of a person (details supplied); and if she will make a statement on the matter. [33311/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, if the person whose details were supplied has made an application for asylum or subsidiary protection in the State, I must advise that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants. Protection legislation also provides for the right of appeal at both the asylum and subsidiary protection stages of the process.
Protection applications and appeals are dealt with in chronological order, based on the date the application or appeal was lodged.
80. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality the medical and psychological interventions and supports that have been provided to a person (details supplied) since the person was found guilty of grievous bodily harm and remanded to prison; if she will liaise with the Department of Health to urgently provide the person with necessary psychiatric medical intervention; and if she will make a statement on the matter. [33325/16]
View answerI am advised by the Irish Prison Service that the prisoner concerned remains in custody in Mountjoy Prison to date, and is currently under the care of the In-Reach Forensic Mental Health Services from the Central Mental Hospital. The In-Reach team has referred this patient for admission to the services of the Central Mental Hospital, and he is currently awaiting a transfer to those services. I understand that he is currently on the transfer list, and is likely to be transferred when a bed becomes available in the Central Mental Hospital.
In the interim, he continues to have access to the full range of mental health services available to all persons in custody. The clinicians who are attached to the In-Reach Forensic Mental Health Services will seek to ensure that he continues on an appropriate medication regime based on their clinical assessment of his presentation.
The Irish Prison Service has confirmed that it will continue to liaise with its colleagues in the Central Mental Hospital in relation to the transfer of this patient to its care, and that transfer will be facilitated as soon as possible.
81. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the number of life sentence prisoners in custody in 2015; the breakdown of the number of life sentence prisoners in custody convicted of murder, attempted murder, manslaughter, sexual offences and any other offence; if, in the case of any other offence, she will specify the offence; and if she will make a statement on the matter. [33328/16]
View answerI can advise the Deputy that the number of persons serving a life sentence on the 31 December 2015 was 342. A breakdown of the offences is included in the following table.
|
Offence Description |
Number in custody |
|
Murder |
324 |
|
Manslaughter |
3 |
|
Attempted Murder |
3 |
|
Sexual Offences |
12 |
|
Total |
342 |
82. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the number of men and women respectively in custody serving a life sentence; and if she will make a statement on the matter. [33329/16]
View answerI can advise the Deputy that the number of persons serving a life sentence on the 30 September 2016 was 347, of which 336 were male and 11 female.
83. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice and Equality if there has been any cost to An Garda Síochána in protecting the memorial wall in Glasnevin cemetery since it was unveiled in 2016. [33347/16]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I, as Minister, have no direct role in the matter.
For security and operational reasons, it is not the policy of An Garda Síochána to comment on the specific deployment of Garda resources. However, I am assured by the Garda Commissioner that the allocation of resources is continually monitored and reviewed, taking into account all relevant factors including crime trends, demographics, and security assessments so as to ensure optimal use is made of all Garda resources.
84. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the cost of planned refurbishment of the C division in Mountjoy Prison; the works that will be undertaken; and the reason this is the second refurbishment in five years. [33354/16]
View answerI can advise the Deputy that there is no refurbishment planned for Mountjoy C Wing. The wing in question was extensively refurbished in the period November 2010 to December 2011.
At the time of the refurbishment it was not considered necessary to replace what is described as the “Heating Coil” within the wing. The heating coil is a means of distributing heat throughout the C wing. Over the past six years the condition of the heating coil has deteriorated and given the possibility that this deterioration could lead to a leak occurring or a loss of heat arising while the wing is occupied, it has been deemed prudent to replace the heating coil as a preventative measure. The works that the Deputy refers to are those to replace the heating coil at a cost of €345,596 excluding VAT. Works commenced recently and are due to complete by year’s end.
85. Deputy Noel Grealish asked the Tánaiste and Minister for Justice and Equality if there is legislation in place to limit or prevent begging or harassment in public places; and if she will make a statement on the matter. [33367/16]
View answerThe law on begging is set out in the Public Order Act 2011. The Act defines begging as requesting or soliciting money or goods other than in accordance with a licence, permit or authorisation.
Section 2 of the Act provides that it is an offence while begging in any place to harass, intimidate, assault or threaten any other person or persons, or obstruct the passage of persons or vehicles. A person who commits such an offence is liable, on summary conviction, to a fine of up to €500 or imprisonment for a term of up to one month or both.
Section 3 of the Act gives the Garda Síochána the power to direct persons begging in any place in a manner that constitutes an offence under section 2 to desist and leave the vicinity in a peaceable and orderly manner. This section also specifically includes begging at certain places such as at or near entrances to business premises, ATM machines or vending machines. A person who contravenes a direction under this section is guilty of an offence and is liable, on summary conviction, to a fine of up to €500.
Section 4 of the Act gives the Garda Síochána powers of arrest without warrant where there are reasonable grounds to believe that an offence under this legislation has been committed.
86. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will reveiw the case of a person (details supplied); and if she will make a statement on the matter. [33378/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an appeal in respect of the application referred to is currently under consideration by the Visa Office in Dublin. The sponsor has been asked to provide information necessary to support the application as set out in the Policy Document on Non-EEA Family Reunification and to which all applicants for this category of visa are referred. Once the required documents have been received by the Visa Office, a thorough examination of the appeal will be undertaken and a decision will issue in due course.
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).
87. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for permission to remain on the basis of parentage of an Irish-born person in the case of a person (details supplied); and if she will make a statement on the matter. [33401/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on parentage of an Irish citizen child. The application is currently under consideration, however, it is not possible to provide a precise date as to when the case will be finalised.
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.
88. Deputy Barry Cowen asked the Tánaiste and Minister for Justice and Equality the number of applications there were for legal aid for home repossession or home eviction cases in each of the years 2011 to 2016 to date; and the number of these that were successful in obtaining free legal aid. [33423/16]
View answerAs the Deputy is aware, the Government is committed to providing assistance to persons who may be in danger of losing their home. Last month I launched Abhaile, the Government’s Mortgage Arrears Resolution Service. Under this scheme, free legal advice is available to insolvent borrowers who are in danger of losing their family home. 263 people have been referred to this free legal advice under this scheme since it began. In addition the Board has arranged for a duty solicitor to be present at every repossession list at county registrars’ courts to assist insolvent borrowers who do not have legal representation for such proceedings.
This is a new additional service and separate to the traditional provision of civil legal aid which is subject to the application of a merits test under section 24 and section 28(2) of the Civil Legal Aid Act 1995. These criteria include whether the applicant is reasonably likely to be successful in the proceedings, assuming that the facts put forward by him or her in relation to the proceedings are proved before the court or tribunal concerned. In many repossession cases the applicant is unlikely to have any prospect of success as the lender will usually be entitled to orders for possession and sale in circumstances where the mortgage is valid and is in arrears. In such circumstances the applicant is unlikely to meet the criteria for granting civil legal aid.
The Deputy should note that proceedings for ejectment are not normally within the scope of civil legal aid by virtue of section 28(9) (a) (ii) of the Civil Legal Aid Act 1995, save where a local authority is seeking to exclude a person from social housing or where certain exemptions to this rule apply.
The number of applications for legal aid and legal aid certificates granted for repossession or ejectment from 2013 to 2016 (to date) are as set out in the following table.
|
Year |
Number of applications |
Number of legal aid certificates granted |
|
2013 |
24 |
5 |
|
2014 |
93 |
10 |
|
2015 |
147 |
14 |
|
1/1/16 – 2/11/16 |
86 |
10 |
|
2016 - Abhaile scheme referrals |
263 |
- |
Data of this nature is not available for the years 2011 and 2012. In those years, the Legal Aid Board provided services in relation to debt cases as follows:
|
Year |
Legal advice provided |
Legal aid provided |
|
2011 |
299 |
75 |
|
2012 |
305 |
85 |
I am informed that it is not possible to identify how many of these debt cases involved repossession of a person’s home.
The Deputy will also be aware of Rebuilding Ireland – Action Plan for Housing and Homelessness, announced by my colleague the Minister for Housing, Planning, Community and Local Government during the summer, and the measures it contains in relation to homelessness, social housing, and improving the private rental sector.
89. Deputy Seán Crowe asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 71 of 7 July 2016, if she has made the necessary appointments to the Criminal Injuries Compensation Tribunal; and, if not, when it will be fully staffed and working at full capacity to review claims and appeals. [33448/16]
View answerI can inform the Deputy that I made six appointments to the Tribunal in August last and consequently there are no current vacancies on the Tribunal.
90. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the measures that are being taken to address so-called white collar crime; if she is satisfied that An Garda Síochána possesses sufficient expert personnel to combat this type of crime in terms of forensic accountancy; and if she will make a statement on the matter. [33457/16]
View answerThe Deputy will appreciate that the management of Garda investigations, including the allocation of resources, are matters for the Garda authorities in the first instance and I have no direct role in this regard. However, I can assure the Deputy that the investigation of white collar crimes remains a priority for An Garda Síochána and this Government will continue to provide the necessary legislative and administrative supports to help bring the perpetrators of such crime to justice.
I am advised by the Garda authorities that the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) has dedicated expert staff to address white collar crime. There are currently two full-time forensic accountants assigned to the Bureau and a competition to appoint a further two forensic accountants has recently been completed by the Public Appointments Service.
The previous Government brought forward new legislation in the Criminal Justice Act 2011 which was an important step forward in our response to this form of criminality. Its main purpose is to address delays in the prosecution and investigation of complex white collar crime by improving certain important procedural matters and strengthening Garda investigative powers. Another recent provision is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 which allows for the selection of additional jurors for longer trials, such as those involving complex financial matters where jurors might become unavailable due to the length of the proceedings.
In terms of forthcoming legislation, work on the drafting of the Criminal Justice (Corruption) Bill is at an advanced stage and it is hoped to publish it in the coming weeks in line with the Government's legislative programme. Provisions in the Bill will replace and update the offences of giving and receiving bribes, address the bribery of foreign officials, provide discrete offences outlawing trading in influence, criminalise the making of payments knowingly or recklessly to a third party who intends to use them as a bribe. The Bill will also enhance the ability of the DPP to bring prosecutions by providing presumptions of corrupt gifts or payment.
I am advised that An Garda Síochána continues to develop relevant investigative strategies utilising advanced analytical and intelligence methodology. Multiple approaches, including the powers in the Criminal Justice Act 2011 as well as proceeds of crime legislation, money laundering legislation and the powers of the Criminal Assets Bureau, are all utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. I am also advised that there is the closest of cooperation between the Garda National Economic Crime Bureau (GNECB) and the Criminal Assets Bureau.
As illustrated in the major banking investigations, the GNECB also works closely with other bodies with relevant enforcement functions, but whose legislative and regulatory functions are not under my Ministerial remit, including the Office of the Director of Corporate Enforcement, the Central Bank and the Competition and Consumer Protection Commission.
In conclusion, I might add that some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021. This major investment as well as the programme of ongoing accelerated Garda recruitment will clearly benefit all criminal investigations, including those relating to financial crime.
91. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of an application for an EU residence card as a spouse-partner of an EU national in the case of a person (details supplied); and if she will make a statement on the matter. [33460/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that INIS wrote to the person concerned on 3rd September, 2016, at the address provided by the Deputy, advising that the application for a residence card under the Free Movement provisions was approved for a period of five years expiring on 2nd September, 2021. However, the correspondence was returned to INIS by An Post marked "gone away". Officials in INIS have advised that the correspondence was re-issued to the person concerned on 3rd November, 2016 at the address provided. In the event that there are any changes in circumstances, including change of address, the person concerned should inform INIS in writing.
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.
92. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will address concerns regarding the Courts Bill 2016, in particular, the perception that this Bill will further undermine the right of distressed mortgage holders or land owners to seek protection through the courts; and if she will make a statement on the matter. [33473/16]
View answerThe position is that the Courts Bill 2016 does not have implications for repossession proceedings in respect of principal private residences and will neither undermine nor erode the rights of such borrowers to due process and the remedies afforded by insolvency law. Under the Land and Conveyancing Law Reform Act 2013, the Circuit Court has been given jurisdiction to deal with repossession proceedings involving principal private residences, irrespective of when the mortgage was created, its rateable valuation or its market value. I regret that attempts are being made to create a contrary perception.
The Courts Bill 2016 is a short, technical Bill which is being introduced to address the implications of a Court of Appeal ruling in July last. In that case, the Court of Appeal ruled that where Circuit Court jurisdiction to hear cases involving property is based on the property's rateable valuation, that Court has no such jurisdiction if the property is not rateable under the Valuation Act 2001. While the Court felt obliged to reach this conclusion, it acknowledged that the ruling was likely to lead to consequences which were “both unfortunate and unintended”. The Court added that certain proceedings would have to be commenced in the High Court instead of the Circuit Court and that this would simply create additional costs for litigants “and will serve to deprive the parties of access to local courts in the manner in which the Constitution actually intended.” The Bill seeks to address these unintended consequences and to avoid disruption to the orderly management and discharge of court proceedings already under way, as well as any additional costs arising from a collapse or withdrawal of proceedings based on rateable valuation.
As the Deputy may be aware, a new, innovative mortgage arrears resolution service - Abhaile - was officially launched recently by myself and the Minister for Social Protection. The new nationwide service marks a departure in State assistance by providing free, independent expert advice and support on financial and legal issues. The number one objective is to help people to stay in their home wherever possible. The scheme started in late July and is already proving very effective. The scheme is designed to help keep families in their homes by identifying sustainable solutions in mortgage arrears cases. Under the scheme, eligible clients are given vouchers to obtain expert advice from financial and legal advisers in order to resolve their debt issues. In addition, they can get assistance in court where needed, have access to solicitors, and get help obtaining legal aid. A major Government information campaign will be launched in the coming weeks to raise awareness of the scheme. I believe that the introduction of the scheme will help people get out of debt and, wherever possible, to stay in their own homes and would strongly encourage anyone worried about mortgage arrears on their home to contact MABS, the Government gateway for accessing free expert help and advice.
This new service builds on the protections granted by the Land and Conveyancing Law Reform Act 2013 which assists homeowners in mortgage arrears by granting the Court specific powers to adjourn repossession proceedings in order to allow such a borrower to consult with a personal insolvency practitioner (PIP) with a view to making a Personal Insolvency Arrangement (PIA) under the Insolvency Acts and to instruct the PIP to make such a proposal. In addition, the Personal Insolvency (Amendment) Act 2015 has been enacted in order to further assist homeowners in mortgage arrears. The 2015 Act introduced a new "court review" process applicable in cases where creditors such as a lending institution refuse a proposal for a PIA drawn up to resolve the homeowner's debts, including the mortgage on their home.
Addressing mortgage arrears is necessary in order to assist homeowners in mortgage arrears to remain in their homes and avoid additional pressures on the rental or social housing sectors. The Government is committed to building on recent reforms and creating a framework that removes fear and brings predictability to a difficult process. Through a range of actions, including the launch of Abhaile, Government Departments and relevant bodies will continue to work to find ways to encourage those who have not been able to engage with their lending institutions to date to reach suitable long-term debt solutions with a view to avoiding repossessions.
93. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to a matter (details supplied) regarding a visa. [33495/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, on the basis of the information provided, it is not possible to identify the individual concerned.
I would expect in situations such as this, where the passport expires before the immigration permission runs out, that the balance of the permission is entered on the applicant's new passport without incurring a second fee.
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.
If the Deputy would like to forward details of the individual concerned to the Oireachtas Mail facility, I will arrange for the matter to be investigated further.
94. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if a decision has been made on an application for benefits in respect of a person (details supplied); and if she will make a statement on the matter. [33504/16]
View answerI am informed that this matter is still under consideration in conjunction with the Department of Public Expenditure and Reform. The decision in this case will be communicated as soon as possible.
95. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for asylum in the case of a person (details supplied); and if she will make a statement on the matter. [33510/16]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no application for asylum in respect of the person named. However, the person is the subject of a family reunification application which is currently being processed.
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.
