Written Answers Nos. 199-214
199. Deputy James Browne asked the Minister for Justice and Equality his plans to give access rights to natural grandparents in circumstances in which the mother or father of the children is deceased; and if he will make a statement on the matter. [47685/17]
View answerThe Children and Family Relationships Act 2015 is a child–centred Act which addresses the rights of children to legal security, to the care of their parents and important adults in their lives, and to equality before the law. These reforms in family law recognise the crucial role of parents and other relatives, including grandparents, in a child's life. The Children and Family Relationships Act 2015 extensively amended the Guardianship of Infants Act 1964 in relation to guardianship, custody and access.
Section 11B of the Guardianship of Infants Act 1964 (as amended by section 55 of the Children and Family Relationships Act 2015) allows relatives of a child, such as grandparents, to apply to court to have access to a child on such terms and conditions as the court may order. The court is required to have regard to all of the circumstances, including in particular:
(a) the applicant's connection with the child,
(b) the risks, if any, of the application disrupting the child's life to the extent that the child would be harmed by it,
(c) the wishes of the child's guardians,
(d) the views of the child, and
(e) whether it is necessary to make an order to facilitate the access of the persons to the child.
Section 11E of the Guardianship of Infants Act 1964 (as inserted by section 57 of the Children and Family Relationships Act 2015) provides that a grandparent or other relative may apply to court for custody of a child where he or she is an adult who has undertaken the child’s day-to-day care for more than 12 months and the child has no other parent or guardian willing or able to act as guardian.
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.
I have no role in 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.
While I have no plans at present for further amendment of the Guardianship of Infants Act 1964, the operation of the law in this area is kept under ongoing review by my Department.
200. Deputy John Deasy asked the Minister for Justice and Equality his plans to reduce the fee for persons from the UK that are married to Irish citizens and permanently living here to resolve their citizenship issues ahead of Brexit; if his attention has been drawn to the concerns these persons have following Brexit that they may no longer have EU entitlement; and if he will make a statement on the matter. [47742/17]
View answerIt is open to any individual who may wish to become an Irish citizen to lodge an application for citizenship through naturalisation if and when they are in a position to meet the statutory conditions for naturalisation as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie.
The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil.
There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities or different classes of applicant. All of the fees payable under the Irish Nationality and Citizenship Act are kept under on-going review by my Department; however, there are no plans to amend the fees.
The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.
The situation concerning what EU entitlements may be available to UK citizens following Brexit is a matter for the negotiations currently underway between the EU and the UK. The outcome of any Brexit negotiations will not affect the citizenship status of persons, including UK citizens, residing in the State.
As outlined, the grant of Irish citizenship is a national competency and there are no current plans to amend the legislation. The Government position is to protect the Common Travel Area arrangements and to maintain the existing arrangements with regard to the UK. Should an issue arise in this area during any negotiations between the UK and the EU, the position will be revisited at that stage.
201. Deputy David Cullinane asked the Minister for Justice and Equality the estimated length of time it would take for a four year driving licence ban that has been reduced to 18 months by the courts to be taken into consideration by An Garda Síochána for vetting purposes for job applications; and if he will make a statement on the matter. [47743/17]
View answerAt the outset I would clarify that it is the role of the Garda National Vetting Bureau to issue Garda vetting disclosures to relevant organisations which facilitates the relevant organisations in their assessment of the suitability of applicants for employment in certain circumstances.
In accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 a vetting disclosure will include particulars of a person’s criminal record where relevant. The Acts also provide for certain minor offences not to be disclosed after a period of 7 years, such as road traffic convictions.
Each relevant organisation develops its own policy in relation to the assessment of disclosures received from Garda National Vetting Bureau and the Vetting Bureau has no input into this decision-making policy. It is quite properly a matter for those organisations. I am informed by the Garda authorities that it is the experience of the National Vetting Bureau that these policies can vary between different organisations and in that regard, what is acceptable to one organisation may not be acceptable to another.
202. Deputy Lisa Chambers asked the Minister for Justice and Equality the reason a person (details supplied) is still awaiting Garda vetting for resuming their position as a psychiatric nurse; the estimated date on which this will be completed; and if he will make a statement on the matter. [47770/17]
View answerI am informed by the Garda Authorities that records at the Garda National Vetting Bureau indicate that no valid Garda vetting application has been received in respect of the person who is the subject of the Deputy's Question.
In the circumstances I would advise the person concerned to contact the relevant registered organisation to ascertain the status of their vetting application.
203. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if the car park at the new Drogheda courthouse has been transferred to the Office of Public Works; if so, if the car park will be made available to the public for the Christmas trading period; and if he will make a statement on the matter. [47776/17]
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 the transfer of the site in front of Drogheda Courthouse to the Commissioners of Public Works is at an advanced stage and the future use of the site will be a matter for the Commissioners to determine following the completion of the transfer.
204. Deputy Tom Neville asked the Minister for Justice and Equality his views on a matter (details supplied) regarding Garda vetting; and if he will make a statement on the matter. [47823/17]
View answerThe Deputy will appreciate that the primary purpose of the employment vetting carried out by the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults and it is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016.
Vetting checks are conducted by the Garda National Vetting Bureau for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original vetting disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions. Furthermore, the Data Protection Acts require that any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Importantly, the general non-transferability and contemporaneous nature of the current process also helps to protect against the risk of fraud or forgery in the process.
I am pleased to inform that Deputy that at present, 80% of overall vetting applications are being processed by the National Vetting Bureau in five working days. This efficiency has been achieved by the deployment of the e-Vetting system which facilitates the on-line processing of applications for vetting from registered organisations. The e-Vetting system is available to all registered organisations and the Garda Authorities are ready to assist those organisations who are not yet using the e-Vetting system to do so. In circumstances where there is such a sustained reduction in processing times, the issue of vetting “transferability” is largely obviated.
That said, there are certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. Section 12(3)(A) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (as amended) provides that two or more relevant organisations can enter into a joint written agreement in relation to the employment, contracting, permitting or placement of an person to undertake relevant work or activities thereby providing for only one of the organisations being required to conduct vetting in respect of that person.
205. Deputy Sean Fleming asked the Minister for Justice and Equality when Ireland will ratify the United Nations Convention on Rights of Persons with Disabilities and put in place legislation for persons with disabilities; and if he will make a statement on the matter. [47824/17]
View answerIreland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.
It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Act 2017 has reformed Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.
The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.
The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of deprivation of liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.
I would like to take this opportunity to assure the Deputy that ratification of the UNCRPD remains a very high priority for me as Minister.
206. Deputy Alan Kelly asked the Minister for Justice and Equality when the Secretary General of his Department met with a person (details supplied); the dates and purpose of those meetings; the other persons that attended; if his attention and that of his predecessor were drawn to these meetings; if so, the date on which their attention was drawn to the meetings; the times and dates of same; and if he will make a statement on the matter. [47844/17]
View answer207. Deputy Alan Kelly asked the Minister for Justice and Equality when the Secretary General of his Department met with persons (details supplied); the dates and purpose of those meetings; and if he will make a statement on the matter. [47845/17]
View answer208. Deputy Alan Kelly asked the Minister for Justice and Equality when the Secretary General of his Department met with a person (details supplied); the dates and purpose of those meetings; the other persons that attended; and if he will make a statement on the matter. [47846/17]
View answerI propose to take Questions Nos. 206 to 208, inclusive, together.
I understand that one such meeting was held with the persons concerned, on 13 October 2014. The meeting was held in the private office of the Tánaiste and then Minister for Justice and Equality Frances Fitzgerald and was attended by her and the Secretary General of my Department. An official from the Office of the Secretary General was also in attendance.
The meeting was arranged following a request from the person concerned which was sent to the Department on 1 October 2014. I understand that the request indicated that the individual in question wanted to raise concerns about his working environment and conditions.
209. Deputy Robert Troy asked the Minister for Justice and Equality the waiting times to receive Garda clearance; and the reason for delays. [47873/17]
View answerI am pleased to inform that Deputy that at present, 80% of overall vetting applications are being processed by the National Vetting Bureau in five working days.
This efficiency has been achieved by the deployment of the e-vetting system which facilitates the on-line processing of applications for vetting from registered organisations. Currently the overwhelming majority of the vetting applications received at the National Vetting Bureau are received via the e-vetting system.
The National Vetting Bureau has offered the e-vetting system to all registered organisations and remains in a position to bring any organisation currently using paper applications onto the e-vetting system with immediate effect.
I am informed by the Garda authorities that the turnaround times for vetting applications submitted by organisations who have not engaged with the e-vetting system and who are still submitting paper applications is 4 weeks for 80% of paper applications received.
I am further informed that processing times for any given application can be longer in individual cases when, for example, additional enquiries may be necessary or where errors have been made in the application. It is important to note that delays can also occur in other aspects of the application process which are outside of the control of the Garda Authorities, for example, in the submission or return of applications by the registered organisations.
The primary purpose of the vetting service is to seek to ensure the safety of children and vulnerable adults. Accordingly, the vetting process demands rigorous procedures to safeguard its integrity and to maintain the highest level of confidence by the public and organisations availing of the service. Any vetting process will take a certain minimum amount of time to complete and, taking into account the importance of protecting children and vulnerable adults while providing an effective and efficient service, the current processing period is not unreasonable.
210. Deputy David Cullinane asked the Minister for Justice and Equality the reason for placing wards of court under a general solicitor; if families were consulted before this took place; and if he will make a statement on the matter. [47880/17]
View answerAs the Deputy is aware, the High Court has jurisdiction in wards of court matters 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.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that when a person is taken into wardship, the President of the High Court appoints a Committee, usually one person, and that Committee has an important role in relation to the ward's personal welfare and property. In approximately 75% of all cases the ward’s Committee is a family member or a trusted friend.
The Courts Service has also informed me that if there is no suitable or willing relative or friend available, or if there is a conflict of interest between the ward and the person who would otherwise have been appointed, or where there is disagreement among a ward's relatives about how his/her affairs should be managed, the President of the High Court can appoint the General Solicitor for Minors and Wards of Court to act as the Committee.
The only person required by law to be formally notified of the petition for wardship is the respondent, that is, the person in relation to whom the wardship application is made. However, it is the practice of the Wards of Court Office to seek confirmation from the solicitors for the petitioner that the next of kin are aware of the application. Also the petitioner is asked to propose a Committee for appointment. The petitioner is usually one of the next of kin.
If a family member writes to the Wards of Court Office objecting to the application or to the proposed Committee, the Wards of Court Office brings this to the attention of the President of the High Court prior the matter being heard to seek his directions. The family member is informed of the relevant court date and is afforded the opportunity to make representations to the court on who the Committee should be.
A Committee may wish to resign from the role or may be replaced as Committee during wardship. If the Committee is to be replaced by the General Solicitor for Minors and Wards of Court he or she is consulted prior to that decision being made. The Courts Service has advised that the appointment of a Committee or the removal of a Committee is a decision entirely for the President of the High Court exercising his wardship jurisdiction.
211. Deputy Alan Kelly asked the Minister for Justice and Equality if counsel for the Garda Commissioner and colleagues met in the Garda press office with the director of communications of an Garda Síochána to discuss the findings of the O’Higgins Commission final report prior to the publication of the final report; if so, the nature of the meeting; his views on whether this meeting was appropriate; if the attention of his Department was drawn to this meeting; if members of his Department were present at the meeting; if there was verbal, written or electronic communication with his Department regarding this meeting afterwards; and if he will make a statement on the matter. [47890/17]
View answerIn response to previous questions from the Deputy regarding the Garda Commissioner's approach to the O'Higgins Commission of Investigation I have stated clearly that this was a matter solely for the Garda Commissioner and that there was no question of my Department seeking to interfere in any way with or have any say in determining the approach of the Garda Commissioner to the Commission of Investigation. I can assure the Deputy that there is no question of my Department having prior knowledge of the legal strategy to be adopted by the former Garda Commissioner.
I have also previously stated that we should be careful to avoid saying anything here which could interfere in any way with the work of the Disclosures Tribunal, the terms of reference of which cover all matters relevant to the Commissioner's engagement with the O'Higgins Commission of Investigation, including matters of the nature referred to by the Deputy in his question.
Furthermore, in accordance with the Dáil Standing Orders (paragraph 59(3)), nothing should be raised in the House which could appear to encroach on or prejudice matters which are before a Tribunal.
In the circumstances, it would not be appropriate for me to comment on matters within the remit of the Tribunal.
However, if the Deputy or indeed anyone else either in this House or outside, has information which is relevant to the terms of reference of the Tribunal they should bring that to the attention of Mr Justice Charleton.
212. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the way in which his Department responded to the declaration of the status red alert weather warning in relation to its own employees; and if he will make a statement on the matter. [47932/17]
View answerI would like to extend my deepest sympathies to the relatives of those who lost their lives on 16 October last. The arrangements made in relation to my own Department are as follows:
The National Emergency Co-Ordination Group convened on Sunday 15th October and was attended, as is usual, by a member of my Department’s senior management. Following the Group's initial meeting, it was decided to close my Department's offices in Killarney on Monday 16 October because of the red weather warning for certain counties including Kerry. A decision was also taken not to transport prisoners in custody to court in those counties. Arrangements were also discussed with senior management in both the Courts Service and the Legal Aid Board as they also had staff in the affected counties. Later on Sunday evening, when the red weather warning was extended to cover the entire country, it was decided to close all of my Department’s offices on Monday.
An email was issued to all staff late on Sunday evening advising them of the office closure on Monday. Many managers with official mobile phones were contacted by text and both managers and staff with mobile email access were asked to contact their colleagues as not all staff have access to emails outside of office hours. The closure message was also shared via the Department’s Website and Twitter account. Nevertheless, a small number of staff still reported for duty on Monday 16th October. My Department is currently reviewing its protocols for contacting staff in the event of an emergency to help ensure that all staff can be informed in a timely manner.
213. Deputy Alan Kelly asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 536 to 539, inclusive, of 7 November 2017, if representatives of the State Solicitors Office attended some or all of these meetings; the number of meetings that took place; the persons that attended; when the meetings were held; if minutes or notes were taken; and if he will make a statement on the matter. [47941/17]
View answerIn response to previous questions from the Deputy regarding the Garda Commissioner's approach to the O'Higgins Commission of Investigation I have stated clearly that this was a matter solely for the Garda Commissioner and that there was no question of my Department seeking to interfere in any way with or have any say in determining the approach of the Garda Commissioner to the Commission of Investigation. This includes any interaction between the Commissioner and her legal advisers. I can assure the Deputy that there is no question of my Department having prior knowledge of the legal strategy to be adopted by the former Garda Commissioner.
I have also previously stated that we should be careful to avoid saying anything here which could interfere in any way with the work of the Disclosures Tribunal, the terms of reference of which cover all matters relevant to the Commissioner's engagement with the O'Higgins Commission of Investigation.
Furthermore, in accordance with the Dáil Standing Orders (paragraph 59(3)), nothing should be raised in the House which could appear to encroach on or prejudice matters which are before a Tribunal.
In the circumstances, it would not be appropriate for me to comment on matters within the remit of the Tribunal.
However, if the Deputy or indeed anyone else either in this House or outside, has information which is relevant to the terms of reference of the Tribunal they should bring that to the attention of Mr Justice Charleton.
214. Deputy Michael McGrath asked the Minister for Justice and Equality the number of probate cases being processed; the expected turnaround time for dealing with probate cases; the number of residential homes in the probate system; and if he will make a statement on the matter. [47947/17]
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 14 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 Probate Office together with the various District Probate Registries issue between 16,000 to 17,000 Grants of Probate per annum.
The Courts Service has advised me that waiting times in the Probate Office in Dublin for a Grant of Probate are currently 17 weeks for applications made by solicitors on behalf of clients and approximately 11 months for personal applications. 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. Priority is given to probate applications where there is a particular urgency or in extenuating circumstances. In such cases, it is open to applicants to bring the matter to the attention of the Probate Office.
As the Deputy will appreciate all applications for Grants in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants. 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. Where a person opts to apply for a Grant personally, without the assistance of a solicitor, the process requires significant extra support from the Probate Office.
The average waiting times in the District Probate Registries from first receipt to issue of Grant are set out in the table.
|
District Probate Offices |
Applications from solicitors |
Applications from personal applicants |
|
Cavan |
6 weeks |
6 weeks |
|
Dundalk |
8-10 weeks |
4-8 weeks |
|
Mullingar |
4-6 weeks |
4-6 weeks |
|
Tralee |
10-12 weeks |
6-8 weeks |
|
Cork |
14 weeks |
14 weeks |
|
Limerick |
6 weeks |
4 weeks |
|
Clonmel |
4 weeks |
4 weeks |
|
Kilkenny |
8 weeks |
8 weeks |
|
Waterford |
8 weeks |
8 weeks |
|
Wexford |
4-6 weeks |
6-8 weeks |
|
Letterkenny |
12 weeks |
12-14 weeks |
|
Sligo |
14-16 weeks |
16 weeks |
|
Castlebar |
12 weeks |
14 weeks |
|
Galway |
16 weeks |
16 weeks |
The Courts Service has also advised me that it is aware of the lengthy waiting times for probate applications and particularly personal applications to the Probate Office in Dublin and is working to improve the situation. Additional resources have been provided to the Probate Office and to address the current delays further additional resources are being made available.
The Courts Service is also aware of the variance in waiting times across District Probate Registries which is due to the volume of applications received at the Registries, the skill sets within the Registries and the operational priorities within the offices. It is currently finalising a full review of the probate system and it is anticipated that a report with recommendations for the modernisation of the process will be presented by the end 2017.
The Courts Service has also informed me that its statistics are not compiled in such a way as to provide the number of probate applications which relate to residential homes. This information could only be obtained by the examination of each individual application, which would require the expenditure of a disproportionate amount of staff time which would not be warranted.
