Written Answers Nos. 128 - 140
128. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the practical interactions between the Garda Inspectorate, the Policing Authority, Garda management and her office in relation to producing a Garda service level agreement, an updated Garda customer service charter and the policing plan; if she has approved the policing plan for 2017; and if she will make a statement on the matter. [34843/16]
View answerThe Garda Commissioner sets out the proposed arrangements for policing services each year through the Annual Policing Plan. Section 22 of the Garda Síochána Act 2005, as amended, provides that when developing the annual plan the Garda Commissioner must have regard to the policing priorities determined for the year in question. The priorities are those set by the Policing Authority in relation to policing matters and those set by me in relation to matters concerning state security. The Garda Inspectorate has no function in relation to the determination of policing priorities or the policing plan.
Section 22 of the Act, as amended, provides that the Garda Commissioner must submit the draft policing plan for the following year to the Policing Authority for approval by November each year. It is my understanding that the Authority anticipates that the Commissioner will submit the draft annual Policing Plan for 2017, complete with performance targets, by the end of this week. It will then be forwarded to me for my consent. Once agreed, the Policing Plan will be laid before the Houses of the Oireachtas.
In relation to the Garda customer charter, I wish to inform the Deputy that neither the Policing Authority nor the Garda Inspectorate has a role in drafting or approving the charter.
129. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the status of the commitment in the programme for Government regarding the national women's strategy that is due to be published by the end of 2016. [35168/16]
View answerSubstantial work has been done on the preparation of a new National Women's Strategy. A written consultation will begin shortly when a consultation document will be published on my Department's website. Public consultation meetings will be held in a number of locations in December and January before the Strategy is finalised.
130. Deputy John Halligan asked the Tánaiste and Minister for Justice and Equality if there is a mechanism which would allow a non-national spouse of an Irish citizen resident here to continue working freely within the EU without the need to constantly apply for visas for various Schengen countries; if she can use her discretional powers, as provided for in legislation, to grant an Irish passport based on the exceptional circumstances in a case (details supplied); and if she will make a statement on the matter. [34415/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that in relation to the situation outlined by the Deputy, immigration controls, including visa requirements, for other jurisdictions is not a matter over which my Department has any input or control.
As the Deputy will appreciate, the starting point for any immigration scheme based in domestic law is for the applicant to be residing in the State. Until such time as the people concerned are actually residing in the State it is not possible to advise them on the best course of action open to them.
In relation to applications for citizenship, 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.
Section 15A provides that, notwithstanding the above, where the application is in relation to naturalisation of the spouse or civil partner of an Irish citizen the requirements are, inter alia, that the couple are married or civil partners to each other for a period of at least 3 years and are living together and, immediately before the date of application, have a period of one year's continuous residence in the island of Ireland and, during the preceding four years, have a further period amounting to 2 years (i.e. 3 years in total). Section 15A(2) provides that the Minister may, in her absolute discretion waive some of the conditions in relation to an application from a spouse or civil partner of an Irish citizen if she is satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship. There is no right or entitlement to have any of the conditions waived; it is entirely at the Minister's discretion.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at ww.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
Responsibility for the issue of an Irish passport to Irish citizens is a matter for the Department of Foreign Affairs and Trade.
131. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 116 of 4 October 2016, her plans to introduce regulations to address the conflicts that can arise through the assignment of judges to districts where they may have worked for many years as a solicitor, in view of the fact that such conflicts will not be prevented by the establishment of a judicial council. [34423/16]
View answerAs the Deputy will be aware, the drafting of the Judicial Council Bill which will establish a Judicial Council in order to provide an effective mechanism for dealing with complaints against judges is currently at an advanced stage. There is one aspect of the work of the Judicial Conduct Committee which will be established by virtue of the Judicial Council Bill which may be relevant to the Deputy's concerns. One of the tasks of that Committee will be to draw up guidelines on judicial conduct and ethics which, in turn, will be adopted by the Judicial Council. The norm for such codes is that they would include matters such as guidance in respect of conflicts of interest and other integrity-related matters.
As the Deputy will also be aware, the scheduling of court cases and the allocation of court business is a matter for the respective Presidents of the Courts and the presiding judge who are, under the Constitution, independent in the exercise of their judicial functions. The decision reached in any court case is a matter entirely for the presiding judge. If a person believes that their interests would be affected if a particular judge were to hear and determine the matter in question, then an application to recuse a judge must be made to the judge concerned by, or on behalf of, that person. The decision on recusal is a matter for the judge concerned and, if the applicant is not satisfied with the decision the judge makes, it is possible to appeal any decision of that judge to the appropriate appeal court.
132. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 118 of 4 October 2016, the details of which travel and subsistence expenses are subject to regulation and thus must be vouched, and which travel and subsistence expenses may be claimed without being vouched. [34424/16]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that all judicial travel and subsistence expenses are subject to regulation. Travel and Subsistence expenses are paid in accordance with rates sanctioned by the Department of Public Expenditure and Reform and are paid in compliance with Department of Public Expenditure and Reform regulations.
These regulations set out fixed rates payable to judges for mileage and subsistence where judges are required to travel in the performance of their official duties. Expenses claimed which are not covered by these fixed rates should be vouched, for example, expenses incurred in the use of public transport and car parking. All judicial travel and subsistence claims are checked and validated by the Courts Service prior to payment authorisation. This process ensures that claims comply with all relevant regulations and that the amounts claimed are correct.
133. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 118 of 4 October 2016, the frequency with which audits are conducted; the persons by whom they are conducted; and the number of audits per year that take place. [34425/16]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that all travel and subsistence expenditure, including judicial travel and subsistence, incurred by the Courts Service is subject to audit by the Courts Service Internal Audit Unit. Since 2006, the Internal Audit Unit has carried out 4 audits of travel and subsistence, including judicial travel and subsistence. In addition, all travel and subsistence expenditure is open to review by the Office of the Comptroller and Auditor General as part of his annual audit of the Courts Service Appropriation Account.
All judicial travel and subsistence claims are checked by the Courts Service prior to payment authorisation to ensure that they comply with all relevant regulations and that the amounts claimed are correct and appropriate for payment.
134. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of an application for a spousal visa in respect of a person (details supplied); and if she will make a statement on the matter. [34426/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was received by the Irish Visa Office in New Delhi on the 26th of February, 2016.
In accordance with the Policy Document on Non-EEA Family Reunification, published by this Department in December 2013, the Visa Office has a business target of 6 months for applications of this type. It should be noted that this is purely a business target and is in no way a legal obligation on the Visa Office. In the case of the application referred to by the Deputy, whilst a preliminary assessment of the application has been completed, the application referred to requires a more comprehensive examination. This has led to some delays in processing. The Visa Office in New Delhi can commit to issuing a decision within the next 4 weeks.
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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie). For queries relating to the New Delhi visa office, the applicant can also email that office directly (newdelhivisaoffice@dfa.ie).
135. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of vacancies that exist at present on the District Court, the Circuit Court, the High Court, the Court of Appeal, the Supreme Court and any courts established under the Treaty of the European Union to which Ireland is required to nominate candidates for appointment; and if she will make a statement on the matter. [34457/16]
View answerI wish to advise the Deputy that there are currently 5 judicial vacancies in the Courts, as follows:
|
Court |
Number of vacancies |
|
Supreme Court |
1 |
|
Court of Appeal |
0 |
|
High Court |
0 |
|
Circuit Court |
3 |
|
District Court |
1 |
In respect of existing and future vacancies in the Courts, the requirements of the administration of justice will be the overriding priority for the Government over the period ahead as the necessary reforms in regard to the judicial appointments process are brought forward as expeditiously as is practicable.
In relation to Courts established under the Treaty of the European Union, in accordance with Regulation 2015/2422 of the European Parliament and of the Council of 16 December 2015, Ireland is to nominate a second judge to General Court of the European Union. An independent group was established to assist in identifying candidates with the relevant qualifications; to assess their suitability and to recommend suitable candidates for nomination by the Government in accordance with Article 254 of the Treaty on the Functioning of EU. The closing date for receipt of completed applications, which were sought by public advertisement, was Monday 14 November. The work of the independent group is still ongoing. There is currently no other vacancy for an Irish Judge in the EU Courts of Justice.
136. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality her plans in relation to the review and reforming of regulations and laws surrounding fraudulent personal injury claims in the workplace to help protect small and medium size businesses; and if she will make a statement on the matter. [34459/16]
View answerThe Civil Liability and Courts Act 2004 contains provisions aimed at tackling fraudulent personal injury claims.
Section 25 of the Act provides that it is an offence for a person to give or adduce evidence in a personal injuries action that is false or misleading and that the person knows to be false or misleading, or to cause false or misleading evidence to be given or adduced with the intention of misleading the court. It is also an offence for a person to give false or misleading instructions or information to a solicitor or expert in relation to a personal injuries action or to cause false or misleading instructions or information to be given with the intention of misleading the court.
Under section 29 of the Act, a person guilty of an offence under section 25 is liable, on conviction on indictment, to a fine not exceeding €100,000, or imprisonment for a term not exceeding 10 years or both. A person convicted summarily of an offence under section 25 is liable to a Class B fine (a fine not exceeding €4,000) or imprisonment for a term not exceeding 12 months or both.
Section 26 of the Act requires a court to dismiss a personal injuries claim where the plaintiff gives evidence that is false or misleading and that he or she knows to be false or misleading, or causes false or misleading evidence to be given with the intention of misleading the court, unless dismissal of the action would result in injustice being done.
These provisions of the Civil Liability and Courts Act 2004 are currently being considered by the Cost of Insurance Working Group, chaired by Minister of State Eoghan Murphy TD.
137. Deputy Barry Cowen asked the Tánaiste and Minister for Justice and Equality the average waiting times for each probate office to provide a grant of probate and a grant of letters of administration; her views on whether probate offices are providing a timely service in all areas; her further views on whether they have adequate resources and staff to provide a timely and efficient service; and if she will make a statement on the matter. [34463/16]
View answerThe Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in a number of provincial court offices.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the current waiting time for Grants of Representation in Dublin is 20 weeks for applications lodged by a solicitor and 25 weeks for personal applications. Waiting Times in District Probate Registries are set out in the table:
|
District Probate Office |
Applications from solicitors |
Applications from personal applicants |
|
Cavan |
16-18 weeks |
16-18 weeks |
|
Dundalk |
6 weeks |
6 weeks |
|
Mullingar |
16 weeks |
12-13 weeks |
|
Clonmel |
2 weeks |
this service is not available at present |
|
Kilkenny |
3-4 months |
3-4 months |
|
Waterford |
7 weeks |
1 month |
|
Wexford |
2-3 weeks |
3-4 weeks |
|
Cork |
12 weeks |
12 weeks |
|
Tralee |
5 weeks |
5 weeks |
|
Limerick |
4-6 weeks |
3-4 weeks |
|
Letterkenny |
12-16 weeks |
12-16 weeks |
|
Sligo |
12-16 weeks |
14-18 weeks |
|
Castlebar |
2-4 weeks |
2-4 weeks |
|
Galway |
12-14 weeks |
14-16 weeks |
All applications for Grants of Representation in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants and these require detailed checking by the Probate Office to ensure that the estate of the deceased person is administered correctly and in accordance with the law. All applications are assessed on the basis of the date on which they are lodged, an approach which provides fairness and equity to all applicants.
The backlogs in the probate system are a cause for concern and a review of the probate system is being carried out at present. It is anticipated that a report with recommendations for the modernisation of the process will be presented before the end of 2016 to the Senior Management Team of the Courts Service and to the Courts Service Board for their consideration.
In the meantime, the Courts Service has assigned an additional permanent member of staff to the Probate Office to assist in dealing with the high volume of work of the Office and a further member of staff will be assigned shortly.
138. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the reason Ireland frequently insists that families seeking reunification under the Dublin III regulation undergo DNA testing to prove the familial relationship in cases where substantial documentary evidence of the familial relationship exists and has been provided (details supplied). [34512/16]
View answerI am advised by the Office of the Refugee Applications Commissioner (ORAC), the independent agency responsible for assessing take charge applications from other Member States, that where a request to take charge of an asylum application for family reasons is received, proof of that familial relationship is required. Often supporting documentary proof is not available, is incomplete or is not capable of being authenticated with a reasonable degree of certainty. In the limited number of such cases, the results of biometric tests can provide a greater degree of certainty of a family link. This is particularly important in the case of a transfer involving a minor or other vulnerable person so as to ensure that they are being placed in the right family unit in the interests of their welfare and safety, as required by law.
I would point out that the primary purpose of the EU Dublin Regulation is the determination of the Member State responsible for examining an application for international protection (usually the country where the asylum application is first made) and not family reunification which the Department operates under separate legal provisions.
139. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the detail of the commitment in the programme for Government concerning extending Garda oversight and accountability following the Garda Inspectorate report on the restructuring of An Garda Síochána. [30750/16]
View answerThe Garda Inspectorate report 'Changing Policing in Ireland' which was published last December is a comprehensive report into all aspects of the administration of An Garda Síochána. In July the Government approved my proposals for a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the report of the Garda Inspectorate and the commitments in the Programme for a Partnership Government to increase the visibility, effectiveness and responsiveness of An Garda Síochána. In this regard it sets out an overall vision of a Garda workforce of 21,000 comprising 15,000 Gardaí, 2,000 Reserves and 4,000 civilians to be to be achieved incrementally over five years in tandem with the delivery of reforms. The delivery of this overall vision is supported by provision in the 2017 Estimates for the recruitment of 800 trainee Gardaí, up to 500 additional civilian staff and 300 Reserves.
The reform plan has three interlocking elements that must work together if it is to succeed-
- the reform measures themselves which are designed to deliver 21st century policing in a world class policing service;
- the resources in terms of increased numbers of Gardaí, Reserves and Civilians backed up by the substantial capital investment of €311m already earmarked for ICT, the fleet and Garda stations under the Capital Plan 2016-2021; and
- the enhanced implementation structures to ensure delivery leveraging the resources and statutory remit of the Policing Authority.
The vehicle for the reform agenda will be the Garda Commissioner’s Modernisation and Renewal Programme 2016-2021 published in June which captures the bulk of the recommendations of the Inspectorate Report.
In the case of civilians the plan sets a target of 20% to bring An Garda Síochána more into line with international norms. This in effect means an increase in the number of civilians to 4,000. This will be achieved through (i) a ‘civilian by default’ policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant and (ii) redeployment of Gardaí from administrative and technical duties that may be done by suitably qualified civilians where necessary. It is worth noting that the Inspectorate Report suggests that there are up to 1,250 Gardaí in such posts including in the Garda Technical Bureau, ICT, Human Resources etc. The Garda Commissioner, in conjunction with the Policing Authority will prepare a plan by the end of this year to realise this target by 2021.
As I have said, the bulk of the Inspectorate’s recommendations have been accepted. However, it is not intended to implement at this time the recommendations of the Inspectorate aimed at reducing the number of regions and Divisions having regard to the major reform programme underway in An Garda Síochána, and the importance of ensuring visible leadership and maintaining and enhancing the close links between An Garda Síochána and local communities. These recommendations will be kept under review.
The Policing Authority is an independent statutory body established on 1 January 2016. Its role is to oversee the performance of the Garda Síochána in relation to policing services, to promote public awareness of policing matters and to promote and support the continuous improvements in policing in Ireland. Its mission is to drive excellent policing through valued and effective oversight and governance.
Since its establishment, the Policing Authority has been focusing, as a matter of priority, on its functions which have statutory deadlines and reform significance. The Policing Authority has met on several occasions with the Commissioner and her senior team, as a follow up on its consideration of the O’Higgins Report and related matters. A number of these meetings have been held in public to reassure the community about the performance of the Garda Síochána. Areas that have been highlighted in the discussions include:
- Implementation of the Modernisation and Renewal Programme within An Garda Síochána;
- Review of the Garda Protected Disclosure policy;
- Plans to conduct a culture audit within An Garda Síochána;
- Corporate governance arrangements and management structures within An Garda Síochána; and
- Arrangements for training and the professional development of members
The Authority has approved a three year Strategy for An Garda Síochána. It has also determined the policing priorities for 2017 which will inform the content of the 2017 Policing Plan which will be published before the end of the year. It has reviewed and issued recommendations on the Garda Protected Disclosure policy and will also establish a Code of Ethics that includes standards of conduct and practice for Garda members.
The Garda Síochána Ombudsman Commission (GSOC) has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities. Significant changes were made to the powers of GSOC in the last two years including making GSOC a designated body for receiving protected disclosures.
I am committed to ensuring that we have in place the most effective possible mechanism for the investigation of complaints and I met with the Chairperson of GSOC last month in the context of considering what further changes are desirable. It was agreed that a working group would be established to consider possible legislative changes.
140. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the position regarding the commitment in the programme for Government for proposing legislation to reduce excessive delays to trials and court proceedings. [33801/16]
View answerA Criminal Procedure Bill is currently being drafted by the Office of the Parliamentary Counsel. The primary aim of the Bill is to reduce delays and increase efficiency and fairness in the criminal trial process. The Bill will in particular provide for new Preliminary Trial Hearings to allow for procedural arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving time and allowing juries to focus on the facts of the case.
My officials are working closely with the Office of the Parliamentary Counsel to progress the Bill.
