Written Answers Nos. 114-123
114. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if persons that occasionally visit nursing homes for the purposes of performing music for the entertainment of residents of such homes are required, under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016, or any associated regulations, to undergo Garda vetting before each performance. [4435/17]
View answerThe responsibilities with respect to vetting under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 of a "relevant organisation" responsible for vulnerable persons, for example a nursing home, lie solely with persons acting on behalf of and under the management and control of the relevant organisation. Persons who occasionally visit nursing homes for the purposes of performing music for the entertainment of residents may be doing so under the management of the nursing home and in such cases would require vetting. However, the Act provides that the obligations for vetting shall be regarded as satisfied where the relevant organisation concerned received a vetting disclosure in respect of the person for the initial engagement and there would not be a requirement to undergo Garda vetting before each performance. If the visiting performer is acting on behalf of another relevant organisation that other organisation would be responsible for seeking a vetting disclosure.
115. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 98 of 24 January 2017, if she will clarify, by way of regulation, that accrediting bodies for psychologists and psychotherapists are empowered under section 40(7) of the Civil Liability and Courts Act 2004 to investigate complaints regarding the conduct of those professionals under their aegis, at least until such time as these two professions are regulated by CORU. [4456/17]
View answerSection 40 of the Civil Liability and Courts Act 2004 clarifies the position with regard to the in camera rule in family law proceedings and the carrying out of hearings, inquiries, investigations and adjudications by bodies or persons who are doing so in accordance with their statutory functions or who are prescribed by orders under sections 40(6)(b) and 40(7)(b) of the Act.
Section 40(6) allows documents prepared for or given in evidence in family law proceedings to be produced to bodies or persons carrying out statutory functions, or who are prescribed by Ministerial order, when they are performing functions involving hearings, inquiries, investigations or adjudications. Section 40(7) allows information or evidence given in family law proceedings to be given to bodies or persons carrying out statutory functions, or who are prescribed by Ministerial order, when they are performing functions involving hearings, inquiries, investigations or adjudications.
The purpose of orders under sections 40(6)(b) and 40(7)(b) of the 2004 Act is to ensure that the in camera rule in family law proceedings does not impede hearings, investigations, inquiries and adjudications carried out by the bodies or persons prescribed in the orders, in relation to prescribed matters. Any such order, by itself, cannot establish a regulatory system for a profession or confer powers on a body or person to investigate complaints against members of a profession.
To date, two orders have been made under sections 40(6)(b) and 40(7)(b) of the 2004 Act in respect of regulated professions. The Civil Liability and Courts Act 2004 (Bodies Prescribed under Section 40) Order 2005 (S.I. No. 170 of 2005) prescribed the Barristers’ Professional Conduct Tribunal of the Bar Council, the Benchers of the Honorable Society of King's Inns, the Professional Conduct Appeals Board of the Bar Council, the Professional Practices Committee of the Bar Council and the Professional Practices Committee of the Council of King's Inns for the purposes of sections 40(6)(b) and 40(7)(b) of the 2004 Act. The Civil Liability and Courts Act 2004 (Matters Prescribed under section 40) Order 2005 (S.I. No. 339 of 2005) prescribed a complaint of misconduct against a barrister and an appeal against such a complaint as matters to which sections 40(6)(b) and 40(7)(b) of the 2004 Act apply. These arrangements as regards the barristers profession will, of course, change as the relevant provisions of the Legal Services Regulation Act 2015, involving the new Legal Services Regulatory Authority and the new Legal Practitioners Disciplinary Tribunal, are commenced later this year.
As indicated in response to Parliamentary Question number 98 of 24 January 2017, the making of statutory provision for the investigation of complaints into the professional conduct of psychologists and psychotherapists is a policy matter for the Department of Health. While I have no plans at present to make orders under sections 40(6)(b) and 40(7)(b) of the 2004 Act in relation to non-statutory accrediting bodies for psychologists or psychotherapists, I will give careful consideration to any request in that regard that may be made by the Minister for Health.
116. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality if she will address queries raised by a person (details supplied) on acquiring a visa; and if she will make a statement on the matter. [4469/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to was refused on 10 February, 2016. While it was open to the applicant to appeal that decision within two months of that date, I understand no such appeal was made. I am advised that the person concerned can make a fresh application and should ensure to include all information and supporting documentation which they wish to have taken into consideration.
The Deputy may wish to note that queries 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 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, members of the public may themselves e-mail queries directly to INIS (visamail@justice.ie).
117. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to recent reports that international students here are to face rises in the cost of their health insurance due to the policies being deemed to be in breach of the law; if these reports are accurate; if so, her views on whether this is damaging to Ireland's reputation as an international destination for students and that competitors in the international educational space will try to take advantage of this major slip, which is not the fault of the Irish institutions; and if she will make a statement on the matter. [4473/17]
View answerMy Department requires all non-EEA students intent on undertaking full-time studies in the State to have private medical insurance. It is also worth pointing out that non-EEA students are not the only category of migrant subject to such a requirement. This is a relatively widespread condition imposed by immigration authorities in many jurisdictions on persons seeking to reside in their jurisdiction for extended periods.
This requirement has a dual purpose. Firstly, it is a very reasonable condition imposed by many sovereign governments in order to protect the public interest and public resources. Secondly, it is important to safeguard the welfare of non-EEA students who should have access to any necessary medical services while in the State and, of course, emergency medical repatriation to their home country in the event of a catastrophic injury or illness.
The requirement to have private medical insurance is a long standing one and already in place before January 2011 when new student immigration rules were introduced, and these rules further confirmed and clarified that requirement for non-EEA students. Clear guidance on this is available on the INIS website (www.inis.ie/en/INIS/Pages/Frequently%20Asked%20Questions%20-%20Students) of the immigration service. While, what is commonly referred to as 'travel insurance' might suffice for newly arrived students, subject to certain key requirements, it was always intended that those wishing to stay on student permission for more than one year would require private medical insurance for their second and subsequent years (as stipulated in the guidelines).
I am aware of recent media reports relating to recent actions by the Health Insurance Authority (HIA). Officials of my Department are due to meet with the HIA shortly to better understand these changes. The HIA is, however, an independent statutory regulator of the private health insurance market in Ireland and, as such, is entirely free to impose any regulatory requirements it sees fit. In the circumstances it would not be appropriate for me to comment any further on this matter, only to re-iterate that access to private medical insurance by non-EEA national students is in the interests of such students.
118. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of Garda stations that have no access to PULSE. [4493/17]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter
I am, however, informed by the Garda authorities that there are some 178 stations that are not connected to the Garda Network. However, members in non-networked locations can contact the Garda Information Services Centre to provide relevant details to trained civilian call-takers who enter the details on the PULSE system.a
I would draw the attention of the Deputy to my response to Parliamentary Question No. 135 of 25 October 2016 wherein I advised that the number of non-networked stations was 167. I have now been advised by the Garda authorities that this should, in fact, have read 187 and I wish to correct the record of the House in that regard.
The Deputy will be aware that the Commissioner launched the Garda Síochána Modernisation and Renewal Programme 2016-2021 in June 2016 and that this Programme is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges. As part of the Programme, the matter of enhancing rural access to the Garda network by connecting non-networked sites to the network is being examined. This includes plans to introduce mobile technology solutions to enable operational Gardaí to access core information systems, including PULSE, while on duty and away from Garda stations.
119. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of issues raised in the Office of Director of Corporate Enforcement's 2010 paper, Submission on White Collar Crime, that have been dealt with by the Government; the relevant legislation or regulation they were addressed in; her plans to implement the remaining recommendations; and if she will make a statement on the matter. [4505/17]
View answerThe report referred to was prepared by the Office of Director of Corporate Enforcement in the context of a wide ranging consultation process on various crime issues. The report itself acknowledged that the ODCE ".....has only a partial role with respect to ‘white collar crime’," and that its experience is not as extensive as that of An Garda Síochána in this regard. Of course the report was a very welcome and valuable contribution to the consideration of our response to white collar crime and since it was completed in November 2010, there have been a number of significant developments in our legislative framework.
In particular, I might mention the Criminal Justice Act 2011, the main purpose of which is to facilitate the more effective investigation of such crime and to reduce associated delays in the process. The Act provides for procedures to facilitate Garda access to essential information and documentation to assist in investigations. The Act is targeted at specified serious and complex offences attracting a penalty of at least 5 years imprisonment, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption.
Another recent provision of relevance is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013. It makes provision for the selection of up to 15 jurors to serve in a criminal trial which is likely to last more than 2 months, with 12 jurors to be selected to consider the verdict. These provisions are of relevance to lengthy trials involving fraud or other complex financial matters where there is a risk of jurors becoming unavailable during the course of a protracted trial.
In terms of forthcoming legislation, the Prevention of Corruption Acts 1889 to 2010 will be replaced by the provisions of the Criminal Justice (Corruption) Bill. This Bill will replace and update the offences of giving and receiving bribes contained in existing legislation. The Bill will also enhance the ability of the DPP to bring prosecutions by providing for presumptions of corrupt gifts or payments and it will provide for penalties of up to 10 years’ imprisonment and unlimited fines for persons convicted on indictment.
In addition, the General Scheme of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill was approved by Government in December. The Bill will give effect to provisions contained in the 4th EU Money Laundering Directive which has the aim of strengthening laws in the EU to combat money laundering and terrorist financing. The Directive adopts a risk-based approach whereby “designated persons” - such as banks and other bodies - must determine, on the basis of a risk assessment and taking into account relevant factors, the risk of money laundering and terrorist financing posed by a particular transaction, service or customer, and apply customer due diligence measures accordingly. While the Bill will give effect to the greater part of the Directive, some provisions (i.e. the establishment of registers of beneficial ownership of companies and trusts) will be transposed by the Department of Finance.
While my Department has responsibility for legislation addressing some aspects of white collar crime including fraud and corruption, other aspects, such as insider trading, Companies Acts offences and environmental offences, fall within the responsibility of other Government Departments. Relevant legislative enhancements in recent years include the Central Bank (Supervision and Enforcement) Act 2013, the Companies Act 2014 and more broadly the Protected Disclosures Act 2014.
The breadth and diversity of the issues connected with this form of crime are such that no one piece of legislation could effectively address all of them and therefore legislation in this area is continuously under review and development. Further developments in this area will be assisted by a forthcoming issues paper from the Law Reform Commission in relation to Regulatory Enforcement and Corporate Offences. l am also in ongoing contact with the Garda Commissioner in relation to the arrangements in place to investigate serious crime of this nature.
Finally, I am advised that An Garda Síochána continues to develop strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodology. Gardaí work closely with other bodies with relevant enforcement functions, including the ODCE.
120. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality the status of an appeal by a person (details supplied). [4603/17]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a decision letter issued to the person concerned in relation to their appeal on 24 January 2017. I understand that the person concerned was granted temporary permission to remain in the State on Stamp 4 conditions for a period of 12 months.
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.
121. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if there has been an investigation carried out by the Private Security Authority or its agents into a company (details supplied) and if so, if she will make the results of the investigation available. [4631/17]
View answerThe Private Security Authority, established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of the private security industry in the State. The Authority is an independent body under the aegis of my Department and I have no involvement in its day to day operations. I am informed that it does not comment on what matters are the subject of enquiry or investigation.
122. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the number of staff under the aegis of her Department in the clerical officer, staff officer or equivalent grade; and if she will make a statement on the matter. [4940/17]
View answerI can inform the Deputy that there are 2837 Clerical Officers and 230 Staff Officers employed by my Department and the bodies under its aegis.
123. Deputy Mattie McGrath asked the Minister for Finance if he will address concerns that some of the major insurance providers and company underwriters are not prepared at the moment to cover properties that have unemployed tenants; and if he will make a statement on the matter. [3869/17]
View answerAs Minister for Finance, I am responsible for the development of the legal framework governing financial regulation. Neither I nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept. This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products. Consequently, I am not in a position to direct insurance companies to provide cover to properties that have unemployed tenants .
Notwithstanding this, the Deputy should note that I do have concerns about such practices which seem inherently unfair and inappropriate. Consequently, I have asked my officials to contact the Departments of Housing, Planning, Community and Local Government and Social Protection to get their views on this matter. In addition, I have asked my officials to raise the matter with Insurance Ireland in order to get a better perspective and understanding of this issue.
