Fiona O'Loughlin
Question:321. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the legislative basis for certificates (details supplied); and if he will make a statement on the matter. [39297/17]
View answerNaturalisation Certificates
Questions (321)
Written answers
The issuing of certificates of naturalisation is provided for under the Irish Nationality and Citizenship Act 1956, as amended. I have no role or function in the issuing of birth or death certificates, which is provided for under Section 61 of the Civil Registration Act 2004 which is the responsibility of my colleague the Minister for Health.
Asylum Seeker Accommodation
Questions (322)
Catherine Connolly
Question:322. Deputy Catherine Connolly asked the Minister for Justice and Equality the arrangements that have been made in relation to the provision of alternative accommodation for the residents of a centre (details supplied) in view of the fact that approval has been given to change the centre into apartments; the consultation which has taken place between the management of the centre, the Reception and Integration Agency, RIA, and the residents; when the residents were informed of this decision; the timeline for the implementation of the plans; and if he will make a statement on the matter. [39462/17]
View answerWritten answers
The Department of Justice and Equality has a contract in place with the owners of the premises in question to provide accommodation to those seeking international protection. This contract is scheduled to expire on 22nd May 2018. At that time it is expected that all new accommodation contracts will be awarded through an open competitive tendering competition to comply with EU Directive 24/2014 and will be conducted in accordance with the open procedure under the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016).
It is a matter for the current holders of contracts for the provision of accommodation and related services whether they will participate in this tendering process. The Department will ensure that appropriate arrangements are in place if the relocation of residents is required following the completion of the tendering process.
In the meantime it would not be productive to engage in speculation about what may or may not happen at the time of that competitive process.
Child Custody and Access
Questions (323, 325)
Tom Neville
Question:323. Deputy Tom Neville asked the Minister for Justice and Equality his views on a matter (details supplied); and if he will make a statement on the matter. [39489/17]
View answerTom Neville
Question:325. Deputy Tom Neville asked the Minister for Justice and Equality the sanctions that can be imposed on a parent who persistently, frequently and repeatedly frustrates, denies or cancels a child’s court-ordered access with his or her other parent to ensure that the child is not alienated from his or her other parent; and if he will make a statement on the matter. [39497/17]
View answerWritten answers
I propose to take Questions Nos. 323 and 325 together.
I do not propose to introduce legislation to provide for equal shared parenting as this may not be in the best interests of the child in every family situation, and particularly in cases where domestic violence is involved.
Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding the custody of a child or the right of access to the child.
Section 3 of the 1964 Act provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. The best interests of a child are to be determined in accordance with Part V of the 1964 Act, inserted by section 63 of the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents.
The law places an emphasis on recognising the rights of the child to the society of both his or her parents. Section 11D of the 1964 Act obliges the court in proceedings under section 11 to consider whether the child's best interests would be served by maintaining personal relations and direct contact with each of his or her parents on a regular basis.
Section 25 of the 1964 Act also requires the court, as it thinks appropriate and practicable, to take into account the child's wishes in custody and access matters, having regard to the age and understanding of the child.
Section 12A of the 1964 Act (inserted by section 58 of the Children and Family Relationships Act 2015) provides that in making any order under the Act, the court may impose such conditions as it considers to be necessary in the best interests of the child.
It is a matter for the courts when making orders under the 1964 Act in relation to matters such as the guardianship, custody or upbringing of, or access to, a child to consider whether or not any conditions should be attached to such orders. I have no role in the consideration of cases or the making of court orders, as this is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions.
The Children and Family Relationships Act 2015 made provision to assist parents who need to return to court because the other parent has breached a court order in relation to custody of or access to a child. Section 56 of the 2015 Act inserted a new section 18A into the Guardianship of Infants Act 1964. This provides that where a parent or guardian of a child has been granted custody of or access to the child under the 1964 Act, but he or she has been unreasonably denied such custody or access by another guardian or parent, that person may apply to court for an enforcement order. Under section 18A(4) of the 1964 Act, it is a matter for the courts to decide on the terms of any enforcement order and I have no role in such matters.
Child Custody and Access
Questions (324)
Tom Neville
Question:324. Deputy Tom Neville asked the Minister for Justice and Equality his plans to ratify EU resolution 2079 (2015) concerning equality and shared parental responsibility: the role of father, in order to remove from family law the difference based on marital status between parents who have acknowledged their child (details supplied); and if he will make a statement on the matter. [39495/17]
View answerWritten answers
Married parents of a child are automatically joint guardians and have joint custody of their children. Where married parents separate or divorce, they can decide between themselves on custody arrangements for their children or apply to the courts to decide on the matter.
If the father is not married to the mother of the child, he will not automatically become a guardian of the child. The issue of automatic guardianship was considered during the passage of the Children and Family Relationships Bill through the Oireachtas. However the automatic extension of guardianship to a father who is not involved and is not participating in his child’s life would have consequences for the child and the child’s mother, for example, if he does not consent to the issue of a passport or to the placement of a child for adoption.
There are provisions in place to facilitate non-marital fathers who have an ongoing relationship with their children to become guardians of their children. Section 2(4A) of the Guardianship of Infants Act 1964 (as inserted by section 43(c) of the Children and Family Relationships Act 2015) now provides for joint guardianship by a man who was not married to the mother of the child and was cohabiting with the mother for not less than 12 consecutive months. This 12 month period must include a period, occurring at any time after the birth of the child, of not less than three months during which both the mother and father have lived with the child. In addition, a father who is not married to the child's mother and does not satisfy the cohabitation requirements may become a guardian if the parents jointly make a statutory declaration appointing him as a guardian. It is also open to the father at any stage to make an application to court for guardianship of the child under section 6A of the Guardianship of Infants Act 1964.
Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. The best interests of a child are to be determined in accordance with Part V of the 1964 Act, inserted by section 63 of the Children and Family Relationships Act 2015. Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child. These factors include the benefit to the child of having a meaningful relationship with each of his or her parents.
The majority of court applications for guardianship made by fathers are granted. In 2015, the most recent year for which full figures are available, the District Court determined 2,367 guardianship applications of which over 76% were granted.
I am aware of resolution 2079 (2015) of the Parliamentary Assembly of the Council of Europe concerning equality and shared parental responsibility and of the Parliamentary Assembly’s request at point 5.4 that member states remove from their laws any difference based on marital status between parents who have acknowledged their child. I have no plans at present for further amendment of the Guardianship of Infants Act 1964 to provide for automatic guardianship for unmarried fathers, but the operation of the law in this area is kept under ongoing review by my Department.
Question No. 325 answered with Question No. 323.
Deportation Orders Re-examination
Questions (326)
Bernard Durkan
Question:326. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review on humanitarian grounds the decision to deport in the case of a person (details supplied) who is wheelchair-bound; and if he will make a statement on the matter. [39512/17]
View answerWritten answers
A Deportation Order was signed in respect of the person referred to by the Deputy on 9 June 2017. Leave was granted by the High Court on 17 July 2017 to take Judicial Review proceedings seeking to quash the Deportation Order. Accordingly, as the matter is sub judice, I do not propose to comment further.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
Garda Training
Questions (327)
Thomas P. Broughan
Question:327. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí who have taken either the level 4 or level 5 Garda driving course in 2015, 2016 and to date in 2017; the length of time the course lasts; the frequency with which courses are held; and if he will make a statement on the matter. [39513/17]
View answerWritten answers
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including by arranging for the training of the members and civilian staff of An Garda Síochána and I, as Minister, have no direct role in the matter.
I am informed by the Commissioner that there is a five level suite of competency based driving (CBD) courses, with each level specifically catering for the required knowledge base, skill set and operational requirements of members undergoing the relevant training.
The five level suite covers the initial assessment of driving suites at CBD 1 to advanced driving training which includes the highest level of knowledge of road craft and all competency areas necessary to drive high powered vehicles at CBD 4 and the training of Garda driving instructors at CBD 5. I am further informed that the frequency of courses is governed by the operational requirements of An Garda Síochána. The highest level of operational requirement is for levels CBD 1 to CBD 3, while the more specialised levels CBD 4 and CBD 5 are held as needed.
I have requested the specific information sought by the Deputy from the Garda Commissioner and when it is to hand I will write to the Deputy directly.
A referred reply was forwarded to the Deputy under Standing Order 42A.
Garda Transport Provision
Questions (328)
Thomas P. Broughan
Question:328. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to provide funding for the purchase of extra unmarked Garda cars and extra marked Garda vans for the Garda Traffic Corps; and if he will make a statement on the matter. [39514/17]
View answerWritten answers
As the Deputy will appreciate, the Garda Commissioner is responsible for the allocation of Garda resources in the State, including vehicles to the Garda Traffic Corps, in light of identified operational demands and the availability of resources. As Minister, I have no direct role in the matter.
The Deputy will be aware that there has been unprecedented investment in the Garda Fleet in recent years with some €46 million being invested over the lifetime of the Government's Capital Plan 2016 - 2021 to ensure that An Garda Síochána has a modern, effective and fit for purpose fleet. This is in addition to the investment of some €30 million between 2013 and 2015.
In the period 2013 to end of 2017, almost €44 million will have been invested in the Garda fleet with some 2,000 vehicles coming on stream in that period.
I am informed by the Garda authorities that the Garda Traffic Corps currently comprises 281 vehicles, including 18 vehicles that were allocated to the Corps in 2017. I understand that a further 19 vehicles are scheduled to be allocated to the Corps following delivery and fit out.
Prison Service Staff
Questions (329)
Richard Boyd Barrett
Question:329. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the application procedure for a prison officer post; the reason a person working in the prison service in the UK who has the relevant qualifications for the UK prison service cannot be afforded an interview here; and if he will make a statement on the matter. [39570/17]
View answerWritten answers
I have been advised by the Irish Prison Service that the recruitment process for the position of Recruit Prison Officer is outlined in the Recruit Prison Officer Information Booklet which issues at the initial stage of a Recruit Prison Officer campaign, the most recent of which commenced in 2016. The process consists of completion of an application form, Stage 1 unsupervised on-line assessments, Stage 2 supervised on-line assessments and Stage 3 interview and other assessments. Candidates who qualify at Stage 3 and whose place on the order of merit is reached will go forward to Stage 4 for consideration by the Irish Prison Service. Stages 1, 2 and 3 of the selection process are conducted by the Public Appointments Service.
As the Deputy will understand, it is of the utmost importance to ensure fairness and transparency for all candidates involved in a recruitment campaign. Therefore, all candidates must successfully complete each and every stage of the recruitment process as outlined above in order to progress to the next stage.
Insolvency Service of Ireland
Questions (330)
Michael McGrath
Question:330. Deputy Michael McGrath asked the Minister for Justice and Equality if he will respond to a matter raised in correspondence (details supplied) which could have a significant effect on the operation of the insolvency service. [39577/17]
View answerWritten answers
I am aware of the matters raised in the correspondence to the Deputy, and my officials have arranged to meet shortly in this regard with representatives of those concerned.
I can reassure the Deputy that I do not, at this point, regard these matters as raising systemic consequences for the personal insolvency court review process.
I am advised that the issue raised in the Court decision mentioned appears to be primarily a procedural one: and that the Court held that the application in this particular case had not been brought in the form prescribed by the Circuit Court Rules, and that the correct form must be used.
The Insolvency Service of Ireland, which is the regulatory body for Personal Insolvency Practitioners, has since issued reminder guidance on the procedures which must be followed.
As the Deputy will be aware, section 115A(1) of the Personal Insolvency Acts provides (emphasis added) that:
'... the personal insolvency practitioner may, where he or she considers that there are reasonable grounds for the making of such an application and if the debtor so instructs him or her in writing, make an application on behalf of the debtor to the appropriate court for an order under subsection (9).'
In relation to the concerns raised, the Deputy will be aware that it would be highly unusual, in any proceedings, for a Court to award costs against a professional representative (solicitor, accountant, personal insolvency practitioner…) who acts in those proceedings on behalf of his or her client.
For the Deputy’s information, the High Court has already considered this issue. For example, in Nugent, a debtor, and the Personal Insolvency Acts (no 2) (Baker J, 8 June 2016), the High Court held that ‘the PIP is properly characterised as a non-party for the purposes of considering whether costs should be awarded against him. The PIP has a central role in the procedures under the legislation, but he has no personal interest in the result and any order that is made under the legislation is made for the benefit of, or affects, the debtor in his personal capacity, and not the PIP.’
The Court indicated that it was only in very exceptional circumstances, such as where the person concerned had acted mala fide, that it would consider making any such award.
Criminal Prosecutions Data
Questions (331, 332)
Niall Collins
Question:331. Deputy Niall Collins asked the Minister for Justice and Equality the number of persons who have been prosecuted before the courts in 2017 under sections 3 and 15, respectively, of the Misuse of Drugs (Amendment) Act 2016; the way in which this compares with figures for the past four years; and if he will make a statement on the matter. [39593/17]
View answerNiall Collins
Question:332. Deputy Niall Collins asked the Minister for Justice and Equality the number of persons who have been convicted before the courts in 2017 under sections 3 and 15, respectively, of the Misuse of Drugs (Amendment) Act 2016; the way in which this compares with figures for the past four years; and if he will make a statement on the matter. [39594/17]
View answerWritten answers
I propose to take Questions Nos. 331 and 332 together.
I am assuming that the Deputy is referring to the relevant sections of the Misuse of Drugs Act 1977, as amended. Section 3 relates to restriction on possession of controlled drugs and Section 15 relates to possession of controlled drugs for unlawful sale or supply.
The information requested by the Deputy has been sought from the Courts Service and I will further advise in this regard when the material is to hand.
Crime Prevention
Questions (333)
Micheál Martin
Question:333. Deputy Micheál Martin asked the Minister for Justice and Equality the way in which An Garda Síochána is tackling boy racing or young drivers, in particular young male drivers who race on roads late at night; the deterrents that are in place; the number of convictions to date in 2017; and if he will make a statement on the matter. [39611/17]
View answerWritten answers
I share the Deputy's concerns in relation to the serious public safety and anti-social issues associated with the misuse of vehicles.
To be of assistance to the Deputy, I have requested a report from the Garda authorities in relation to this matter and I will contact him directly when the information is to hand.
Substance Misuse
Questions (334)
Micheál Martin
Question:334. Deputy Micheál Martin asked the Minister for Justice and Equality his views on the growth of drug abuse in Cork city; and if he will make a statement on the matter. [39612/17]
View answerWritten answers
As the Deputy may be aware, “Reducing Harm, Supporting Recovery” - A health-led response to drug and alcohol use in Ireland 2017 – 2025 was launched by the Taoiseach on 17 July 2017. The Minister of State for Health Promotion and the National Drugs Strategy, Catherine Byrne T.D., has responsibility for the Government's health-led response outlined in the new strategy to addressing the harm caused by substance misuse in our society over the next eight years. One of the objectives under the strategy is concerned with supporting high quality monitoring, evaluation and research to ensure evidence-informed policies and practice.
I have requested a report from the Garda authorities in relation to the Deputy's question and I will further advise in this regard when the report is to hand.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
Garda Data
Questions (335, 340)
Micheál Martin
Question:335. Deputy Micheál Martin asked the Minister for Justice and Equality the number of gardaí and the ranks of each in Cork city; the number of vacancies; and if he will make a statement on the matter. [39613/17]
View answerMicheál Martin
Question:340. Deputy Micheál Martin asked the Minister for Justice and Equality the number of uniformed members of An Garda Síochána that have been removed from front-line duties in Cork city; and if he will make a statement on the matter. [39748/17]
View answerWritten answers
I propose to take Questions Nos. 335 and 340 together.
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. Furthermore, when allocations are taking place comprehensive consultation is carried out with local management during which all factors are taken into consideration. Where a deficiency in resources is identified, the matter is considered fully and addressed accordingly. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed that the number of Gardaí assigned to the Cork City Division on the 31 July 2017, the latest date for which figures are readily available, was 657 with 45 Garda Reserves and 63 civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner that since the reopening of the Garda College in September 2014, almost 1,200 recruits have attested as members of An Garda Síochána, 25 of whom have been assigned to the Cork City Division. I am also informed that a further 200 recruits will attest this coming Friday with another 200 scheduled to attest in December which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to allow the deployment of increasing numbers of Gardaí across every Garda Division, including the Cork City Division in the coming years.
I am informed by the Commissioner that the strength of the Cork City Division on 31 July 2017, the latest date for which figures are readily available, is as set out in the following table.
CORK CITY DIVISION JULY 2017
|
DISTRICT |
STATION |
GD |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
ANGLESEA STREET |
ANGLESEA STREET |
232 |
41 |
10 |
4 |
1 |
1 |
289 |
|
BLACKROCK |
19 |
3 |
22 |
|||||
|
BRIDEWELL |
22 |
6 |
28 |
|||||
|
TOTAL |
273 |
50 |
10 |
4 |
1 |
1 |
339 |
|
|
GURRANABRAHER |
BALLINCOLLIG |
16 |
2 |
18 |
||||
|
BLARNEY |
15 |
2 |
17 |
|||||
|
CARRIG NA BHFEAR |
1 |
1 |
||||||
|
GURRANABRAHER |
49 |
5 |
1 |
55 |
||||
|
TOTAL |
81 |
9 |
1 |
91 |
||||
|
MAYFIELD |
GLANMIRE |
18 |
4 |
22 |
||||
|
MAYFIELD |
36 |
6 |
1 |
1 |
44 |
|||
|
WATERCOURSE ROAD |
37 |
9 |
46 |
|||||
|
TOTAL |
91 |
19 |
1 |
1 |
112 |
|||
|
TOGHER |
BISHOPSTOWN |
16 |
4 |
20 |
||||
|
CARRIGALINE |
17 |
3 |
20 |
|||||
|
CROSSHAVEN |
2 |
2 |
||||||
|
DOUGLAS |
15 |
4 |
19 |
|||||
|
PASSAGE WEST |
1 |
1 |
2 |
|||||
|
TOGHER |
44 |
7 |
1 |
52 |
||||
|
TOTAL |
95 |
19 |
1 |
115 |
||||
|
CORK CITY TOTAL |
540 |
97 |
12 |
6 |
1 |
1 |
657 |
Deportation Orders Re-examination
Questions (336)
Bernard Durkan
Question:336. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an appeal in the case of persons (details supplied); and if he will make a statement on the matter. [39712/17]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned are a husband and wife who are the subject of Deportation Orders made on 11 March 2005.
Both persons were deported from the State on 4th June 2006, however, according to information received from their legal representatives, they returned to this State the year after they were deported.
Representations were received on behalf of the persons concerned requesting that the Deportation Orders be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). The Deputy might wish to note that any such decision will be to ‘affirm’ or to ‘revoke’ the existing Deportation Orders. In the meantime, the Deportation Orders remain valid and in place.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.
Garda Vetting Applications
Questions (337)
Richard Boyd Barrett
Question:337. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the reason Garda vetting for a person (details supplied) has taken over one year; and if he will make a statement on the matter. [39730/17]
View answerWritten answers
As the Deputy will know, I have contacted his office to request additional information in respect of the person who is the subject of his question in order to be in a position to make enquiries with the Garda Authorities. When the information has been provided, I will make the necessary enquiries regarding this vetting application and revert directly to the Deputy when they have been completed.
Property Services Regulatory Authority Remit
Questions (338)
Richard Boyd Barrett
Question:338. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will consider including owners' management companies under the regulation of the PSRA; and if he will make a statement on the matter. [39732/17]
View answerWritten answers
The primary function of the Property Services Regulatory Authority (PSRA) established under the Property Services (Regulation) Act 2011 is to control and supervise the provision of property services in the State, including auctioneering and letting services and property management services. For this purpose, the Authority operates a licensing system for property services providers, namely auctioneers, letting agents and property management agents.
The owners, management companies (OMCs) for whom property management agents provide management services are companies established under the Companies Acts and are subject to oversight by the Companies Registration Office and the Office of the Director of Corporate Enforcement. As OMCs are essentially procurers rather than providers of property management services, to extend the role of the PSRA to such companies would not be appropriate or feasible and could be regarded as a conflict of interest for the Authority in exercising its regulatory functions.
Property Services Regulation
Questions (339)
Richard Boyd Barrett
Question:339. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if an owners' management company for a multi-unit development and the management agent are allowed to have the same directors and effectively be the same company; and if he will make a statement on the matter. [39733/17]
View answerWritten answers
The Deputy will appreciate that I am not in a position in my capacity as Minister for Justice and Equality to provide legal advice on such a matter in response to a parliamentary question. By way of general information, I can, however, state that an Owners' Management Company (OMC) in a multi-unit development is a company registered under the Companies Acts and that general rules relating to directors of such companies are set out in those Acts and the Articles of Association of the OMC concerned.
Under section 43 of the Property Services (Regulation) Act 2011, a person providing a property service, such as a managing agent, must enter into a letter of engagement with a client such as an OMC. The letter of engagement outlines the service to be provided by the managing agent and must be signed, where the managing agent is a company, by two directors of the managing agent and two directors of the OMC. Section 17 of the Multi-Unit Developments Act 2011 provides that, as part of the annual report of the OMC, details of contracts entered into by the company must be given to members and the OMC must hold a meeting at least once a year to consider the report. It is, of course, open to any member of the company to raise any concerns they may have regarding any contract with the OMC or at the annual meeting.
One further aspect to note is that section 32 of the Multi-Unit Developments Act 2011 places restrictions on OMCs entering into long term contracts with providers of goods and services. An OMC is not permitted to enter into contracts for a period in excess of 3 years.
Question No. 340 answered with Question No. 335.
Courts Service Data
Questions (341, 342, 343)
Donnchadh Ó Laoghaire
Question:341. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of persons who have been charged before the Special Criminal Court in 2017; and the number of persons charged before the Special Criminal Court in each year since 2000. [39752/17]
View answerDonnchadh Ó Laoghaire
Question:342. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of persons charged before the Special Criminal Court each year since 2000; the number charged with scheduled offences under the Offences Against the State Acts; and the number charged with non-scheduled offences. [39753/17]
View answerDonnchadh Ó Laoghaire
Question:343. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of persons convicted in the Special Criminal Court in each year since 2000. [39754/17]
View answerWritten answers
I propose to take Questions Nos. 341 to 343, inclusive, 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.
I wish to inform the Deputy that available statistics in regard to the Special Criminal Court are published by the Courts Service each year in its Annual Report.
The Courts Service has informed me that it is currently examining the specific information sought by the Deputy, to the extent that it is available, and I will respond to the Deputy in this regard as soon as possible.
The deferred reply under Standing Order 42A was forwarded to the Deputy.