Written Answers Nos. 120-141
120. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the status of the implementation of the International Protection Act 2015; the number of sections that have commenced; the number yet to commence and the key objectives of these as-yet-uncommenced provisions; when she expects the Act to be fully operational; and if she will make a statement on the matter. [35771/16]
View answerSince the International Protection Act was enacted detailed work has been taking place in my Department to prepare for the commencement of the principal provision in the Act - the introduction of the single application procedure for international protection. This will replace the current sequential processing system and is the single biggest reform in this area for the past twenty years. All applications for international protection from January will be processed under the new single applications procedure.
Preparations for commencement extend across a wide number of areas including secondary legislation, detailed process design for the new procedure, changes to information technology systems and transitional arrangements. Overall it is intended to commence seventy eight sections of the Act that give legal effect to the new procedures.
Earlier this year I commenced three separate stand-alone provisions relating to immigration and deportation.
121. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the status of the review of thresholds processes for personal insolvency arrangements, including SMEs, as committed to in the programme for Government; and if she will make a statement on the matter. [35802/16]
View answerUnder the Government's Action Plan on Housing and Homelessness last July, I committed to examining the need for legislation to provide for further possible measures arising from the Programme for a Partnership Government commitments on mortgage arrears, subject to legal advice on certain issues arising. The possible measures mentioned included simplifying personal insolvency legislation to increase thresholds for accessing a Personal Insolvency Arrangement (PIA).
Currently, section 91 of the Personal Insolvency Act 2012 provides that a debtor shall not be eligible to make a proposal for a PIA unless the debtor's aggregate secured debts are less than €3 million. That section also provides that this figure can only be increased with the written consent of all of the secured creditors.
I can confirm to the Deputy that I have asked officials in my Department to examine the thresholds and the processes for Personal Insolvency Arrangements and to report back to me as soon as possible on how best to progress this aspect of the Programme for Partnership Government.
122. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the status of the Courts and Civil Law (Miscellaneous Provisions) Bill as per the legislative programme; and if she will make a statement on the matter. [35809/16]
View answerWhile I have not yet made a final decision in relation to all of those matters to be given priority for inclusion in the Courts and Civil Law (Miscellaneous Provisions) Bill, I can say that it will include provisions relating to electronic courts services and a range of other measures such as the amendment of existing legislation dealing with land and conveyancing and amendments of a technical nature in the areas of bankruptcy and personal insolvency.
While the final shape of this Bill remains, therefore, to be determined, the present situation is that a General Scheme containing the Heads for this Bill is expected to be completed in November and, subject to Government approval, is expected to be published and referred to the Oireachtas Joint Committee on Justice and Equality for pre-legislative scrutiny in December.
123. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the status of the Mortgages Special Court Bill/Courts (Mortgage Arrears) Bill as per the legislative programme; and if she will make a statement on the matter. [35810/16]
View answerI can confirm to the Deputy that the preparation of the Mortgages Special Court Bill/Courts (Mortgage Arrears) Bill is under way.
My Department is in consultation with the Office of the Attorney General, having regard to the constitutional and legal aspects arising, as indicated in the Government's Action Plan for Housing and Homelessness published last July.
As the Deputy will be aware, priority was given to getting the new national Mortgage Arrears Resolution Service (Abhaile) up and running, and this was formally launched last month. The Service, which forms part of the Programme for Partnership Government commitments on mortgage arrears, comprises a Mortgage Arrears Aid and Advice Scheme, and a related communications and promotions campaign which will be targeted to reach those most in need of help.
Under the Aid and Advice Scheme, home owners who are unable to pay their debts and are at risk of losing their homes are provided with access to free independent expert financial and legal advice and assistance, so they can put in place solutions to their mortgage arrears, with priority to allowing them to remain in their home where that is a sustainable option.
In terms of its success so far, I can confirm that over 2,600 vouchers for financial or legal advice and assistance were issued under the Scheme between 22 July and 18 November.
124. Deputy Pat Deering asked the Tánaiste and Minister for Justice and Equality when the new private security appeals board will be appointed. [35812/16]
View answerI wish to inform the Deputy that the necessary arrangements are currently being finalised to appoint a new Board. Expressions of interest were invited from suitably qualified candidates for appointment to the Private Security Appeals Board via the stateboards.ie webpage, in accordance with the process outlined in the approved Guidelines on Appointments to State Boards, published in November 2014. The process for the selection of candidates is now being finalised and I intend to bring nominations for appointment to the Board to the Government for approval in the near future. As the Deputy will appreciate, all appointments to the Private Security Appeals Board are made by the Government in accordance with the provisions of Schedule 2 to the Private Security Services Act 2004.
125. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the number of persons currently residing in each of the direct provision centres who have been granted refugee status, subsidiary protection status or leave to remain, in tabular form; the supports in place to assist these persons to move out of direct provision; if she has discussed the most appropriate way to accommodate those persons granted status allowing them to remain here with the Minister for Housing, Planning, Community and Local Government; and if she will make a statement on the matter. [35813/16]
View answerInformation relating to the numbers of persons with some form of status broken down by accommodation centre is not readily available. However, I can say that recent statistical analysis showed that there were in the region of 500 persons with some form of status in the process of transiting to accommodation in the community. This number fluctuates based on the numbers of status grants and the movement of such persons into private accommodation over time. The Reception & Integration Agency (RIA), its centre managers, the Community Welfare Service (by way of provision of Rent Allowance), Citizens Information and those City and County Councils operating the Housing Assistance Payments link with such persons in accessing the appropriate supports and services, including in respect of sourcing and securing private accommodation.
Following on from the McMahon Working Group Report, the Department of Justice and Equality developed a guide to independent living for persons with status to provide practical assistance for them. The guide is available in all centres and has been published on the RIA website (www.ria.gov.ie) in a number of different languages. This was published in parallel with information sessions coordinated by the Citizens Information Bureau in accommodation centres which gave an opportunity for such persons to seek assistance and clarification on the services provided.
Once some form of status is granted, residents cease to be ordinarily entitled to the accommodation supports provided through RIA. Notwithstanding this fact, RIA have always continued to provide such persons with continued accommodation until they secure their own private accommodation. RIA are particularly mindful of the reality of the housing situation in the State and the pressures on the Community Welfare Service in respect of Rent Supplement or the City and County Councils in respect of Housing Assistance Payments and Housing Lists. That said, the provision of housing for persons coming out of the protection process has been incorporated in the recently published Action Plan for Housing and Homelessness.
126. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of appointed District Court judges who acted as directors of elections at both local and constituency level from 2005 to 2015; and if she will make a statement on the matter. [35844/16]
View answerThe information requested by the Deputy is not available. As the Deputy may be aware, every person appointed a judge under the Constitution makes and subscribes to the following declaration:
In the presence of Almighty God I, ....., do solemnly swear and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of ..... of the Court without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me.
127. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of cases that went to appeal from the District Courts from 2005 to 2015; and if she will make a statement on the matter. [35845/16]
View answer131. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of sentences handed down through the District Court system from 2005 to 2015; and if she will make a statement on the matter. [35849/16]
View answer132. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of cases struck out in the District Court system from 2005 to 2015; and if she will make a statement on the matter. [35850/16]
View answerI propose to take Questions Nos. 127, 131 and 132 together.
As 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, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and information, to the extent that is available, is being compiled. I will respond to the Deputy as soon as possible.
128. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of District Court judges who sit directly in the county where they practised law; the number who still have law firms in their districts where they practised law; and if she will make a statement on the matter. [35846/16]
View answerI have asked my Department to examine records to ascertain whether the information requested by the Deputy is available and, if available, whether it can be compiled and collated in the manner requested and, if it is the case, I will arrange for it to be forwarded to the Deputy as soon as it is to hand.
129. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the amount of State funding the Irish Law Society received from 2005 to 2015; and if she will make a statement on the matter. [35847/16]
View answerThe Law Society is the professional body for solicitors and exercises statutory functions under the Solicitors Acts 1954 to 2015 in relation to the education, admission, enrolment, discipline and regulation of the solicitors' profession. In this capacity, the Law Society is not, as such, a directly State-funded organisation and levies fees on its own membership in support of its functions. Indeed, details of its accounts are published in its annual Reports and Consolidated Financial Statements which are publicly available including on the Society's own website, www.lawsociety.ie.
At the same time, and for the sake of completeness, the Deputy will also wish to be aware that the Law Society does receive some indirect public funding support as a participating partner in the Skillnets and Finuas Network programmes which have their own dedicated websites and annual reporting cycles. I understand that these programmes are co-funded through the National Training Fund operated under the aegis of the Department of Education and Skills. The Skillnets initiative, established in 1999 (www.skillnets.ie), actively supports and works with business sectors in Ireland to keep them competitive and to create new jobs through training and up-skilling, including work activation and placement in areas of employment potential. The Finuas Network (www.finuas.ie), in operation since 2009, aims to maintain Ireland's top position in the international financial services sector and in its provision of ancillary legal and other services and to support their continued competitiveness and growth.
130. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the cost of running the District Court system from 2005 to 2015; and if she will make a statement on the matter. [35848/16]
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 the specific information requested by the Deputy is not available. As the Courts Service supports the operation of the Courts system across all jurisdictions, I am advised that it is not possible for the Courts Service to accurately assess the percentage of the overall expenditure which relates directly to the District Court system.
The Courts Service has informed me that the total gross expenditure in relation to the Courts in 2015 was €107.3 million. Furthermore, the overall budget allocation in relation to the Courts for 2016 is €112.2 million. The Courts Service has also provided the non pay budget allocation for Circuit and District Operations in 2016 to support both Circuit and District Courts, which is €13.8 million. The allocation provides for costs associated with the day to day operations of the courts and includes:
- courthouse maintenance
- utility costs
- interpretation
- court recordings ( digital audio recordings DAR) and
- general premises expenses.
The allocation excludes costs associated with IT, courthouse capital, leases and payroll costs.
133. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of prosecutions taken against District Court judges from 2005 to 2015; and if she will make a statement on the matter. [35851/16]
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, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that statistics are not compiled in such a way as to provide the information requested by the Deputy. As the Deputy may also be aware, prosecutions are a matter for the Director of Public Prosecutions who is independent in the performance of her functions.
134. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will review the case of a person (details supplied); and if she will make a statement on the matter. [35899/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that, as per Parliamentary Question No. 175 of 31 May 2016, the person concerned arrived in the State on 30 December 2006, registered as a student with the Garda National Immigration Bureau under Stamp 2 conditions on 15 January 2007 and that their immigration permission expired in June 2014.
I understand that INIS proposes to write to the person concerned to seek the most up to date information on their personal circumstances.
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 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 Parliamentary Question 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.
135. Deputy Billy Kelleher asked the Tánaiste and Minister for Justice and Equality the status of the criminal justice (victims of crime) Bill, heads of which were published in 2015. [35909/16]
View answerThe Government approved the General Scheme of the Criminal Justice (Victims of Crime) Bill in July 2015. This landmark new Bill will introduce for the first time statutory rights for victims of crime. The Bill is being drafted as a priority and I expect to publish it during the current Dáil session.
The Bill will transpose into Irish law Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime fulfilling a commitment in the Programme for Government to enact legislation to strengthen the rights of victims of crime and their families.
At an operational level, arrangements have been put in place to ensure that rights conferred by the Directive are provided to crime victims both within existing legislation and on a non-statutory basis. In practical terms this has meant that most of the rights conferred by the Directive are currently being made available for victims.
136. Deputy John Deasy asked the Tánaiste and Minister for Justice and Equality the status of the courthouse redevelopment project in Waterford; and the timeline for its completion. [35961/16]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, 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 Waterford courthouse is one of seven courthouses nationwide which are currently being built or refurbished as part of the Governments Infrastructure Stimulus programme. Work on the refurbishment and extension of the courthouse commenced in December 2015 and is expected to be completed by late 2017. The refurbishment and extension of the existing courthouse will accommodate six courtrooms, improved custody facilities, court offices and associated facilities and will, when completed, provide significantly improved facilities for all court users in Waterford.
137. Deputy John Deasy asked the Tánaiste and Minister for Justice and Equality the average waiting time for Circuit Court civil cases to be heard in the Waterford city and Dungarvan Circuit Court areas. [35962/16]
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, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the average waiting time for the hearing of Circuit Court civil trials listed for hearing at the Circuit Court venues in Waterford and Dungarvan is 3 to 6 months. The waiting time is defined as the elapsed time from when a Notice of Trial is lodged in the Circuit Court office to the date the case is listed for hearing. The Courts Service has advised that typically, when a Notice of Trial is lodged and the case is ready for hearing, the case will be listed for the next scheduled civil sittings and will be dealt with.
However, while the average waiting time is 3 to 6 months, this does not mean that all cases will be dealt with within this timeframe. Cases can be and are adjourned, on occasions, from sitting to sitting and such adjournments are, in general, at the request of legal practitioners representing one or both parties. In addition, a case may need to be adjourned due to the fact that its complexity or the estimated time which it will take to hear the case may require a special sitting or a particular Judge may have seising of the case.
As the Deputy will also be aware, the conduct of any court case is a matter for the presiding Judge who is, subject to the Constitution and the law, independent in the exercise of his or her judicial functions.
138. Deputy Joan Collins asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that there are reports that a person (details supplied) is on hunger strike in the Globe House direct provision centre, Sligo; if her attention has further been drawn to the fact that there is growing concern in regard to the deterioration in the person's health; the action her Department is taking in regard to the matter; and if she will make a statement on the matter. [35971/16]
View answerWhile I am aware of the issue raised by the Deputy, it is important to remember that Section 19 of the Refugee Act of 1996 (as amended) requires the State to take all practical steps to ensure that the identity of protection applicants is kept confidential. I am therefore restricted in commenting on individual cases.
What I can say is that staff of my Department, staff at Globe House, medical professionals, legal professionals and other on-the-ground service providers linked with Globe House have provided a series of medical and legal supports and assistance to the person in question in view of their concern for the person's health and well-being. I am happy to report that the person in question has recently decided to cease the protest and is now choosing to avail of the services available to them.
139. Deputy Jim Daly asked the Tánaiste and Minister for Justice and Equality the number of applications that have been refused for injury warrants under the Superannuation Acts since 1995 within her Department; and if she will make a statement on the matter. [35989/16]
View answerI wish to inform the Deputy that since 1995, 3 applications from staff of my Department have been refused for injury warrants under the Superannuation Acts; 1 in 2009, 1 in 2012, and 1 in 2016.
140. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 119 of 15 November 2016, the number of persons that applied for civil legal aid for legal services in connection with domestic violence remedies during each of the past five years; the number of those persons that had the financial contribution waived; and the total amount of contributions made during those years. [36072/16]
View answerI wish to inform the Deputy that data for the period 2013-2015 is presented in the following table.
|
- |
2015 |
2014 |
2013 |
|
Number of applicants in connection with domestic violence remedies |
2,171 |
2,033 |
1,797 |
|
Number of waivers granted |
300 |
247 |
78 |
|
Total amount of contributions received |
€1.517 m |
€1.292 m |
€875,482 |
The Legal Aid Board received contributions totalling €832,292 in 2012 and €809,967 in 2011. The figure for total number of contributions received includes all matters for which the Board provides legal services, not simply domestic violence matters.
I am informed by the Board that data in relation to the number of applications in relation to domestic violence matters and number of waivers granted prior to 2013 is not available in the above format. However, in 2012, Legal Aid Board law centres provided services in 325 cases where the sole remedy sought was under domestic violence legislation. In addition the Board referred 5,077 District Court private family law cases to private solicitors, a substantial number of which are likely to have been in connection with domestic violence. In 2011 law centres provided services in 559 cases where the sole remedy sought was under the domestic violence legislation and referred 4,864 District Court private family law cases to private solicitors.
141. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the funding allocated to Traveller programmes in 2016. [36140/16]
View answerDetails of the funding allocated to my Department for Traveller initiatives are set out in the 2016 Estimates Volume published in December last. I would refer the Deputy to subhead D.7 of the Justice Vote, which provides for an allocation of funding of €2,205,000 for these initiatives.
