Written Answers Nos. 215-230
215. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to publish a multi party litigation or class action Bill as recommended and set out by the Law Reform Commission a decade ago; and if he will make a statement on the matter. [47963/17]
View answerThe position in relation to the matters which the Deputy has raised remains as I have conveyed in my Written Replies to Questions No. 182 of 24 October 2017 and No. 122 of 26 October 2017 which I shall therefore reiterate on this occasion.
The issue of multi-party litigation was the subject of a Report and recommendations by the Law Reform Commission in 2005 (LRC 76-2005) as referred to by the Deputy. The Report was not carried forward by the Government of the day. The implementation of the Report at this remove, and the introduction of any legislation to enable the type of collective legal action envisaged, would require a detailed consideration of the merits and impacts in the public interest, including in terms of the sustainability of a collective action regime and its potential costs to the parties concerned and to the Exchequer. The areas of law involved include consumer protection, competition, the environment and the provision of financial and other services. Consideration would also have to be given to the relevant intervening developments that have taken place at the national, European Union and wider international levels. While not part of the current Legislation Programme, therefore, this remains a complex area of legislative reform that will require renewed and thorough consideration. As such, I will continue to bear it in mind for discussion and possible action in the general context of any upcoming reforms in the civil justice area.
216. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the way in which the Garda traffic corps will be restored to full operational strength; his views on the deployment of the corps to invigilate speeding on the M50 and other motorways around Dublin, on national roads especially in western counties and on regional roads around the country; and if he will make a statement on the matter. [47964/17]
View answerAs 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 have requested a report from the Garda Commissioner in relation to this matter and I will write directly to the Deputy when the report is to hand.
A referred reply was forwarded to the Deputy under Standing Order 42A.
217. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí attached to the Garda National Drugs and Organised Crime Bureau as of 1 January 2017 and 1 November 2017; and if he will make a statement on the matter. [47965/17]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments so as to ensure optimal use is made of Garda human resources.
In 2015 the Commissioner, established a new national Drugs and Organised Crime Bureau (GDOCB), which brought together the Organised Crime Unit and the Garda National Drug Unit so as to create a robust entity to effectively tackle drugs and organised crime, as it currently exists in this country. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime.
I am advised by the Commissioner that a competition to fill vacancies for Sergeants and Gardaí in the Units comprising Special Crime Operations was completed at the end of 2016 and additional Sergeants and Gardaí are being allocated to these Units, on a phased basis, most recently in August, when an additional 3 Gardaí and 1 Sergeant were assigned to the GDOCB.
I am informed by the Commissioner that strength of the GDOCB on 31 December 2016 and on 30 September 2017, the latest date for which figures are currently available was 107 and 110 respectively.
218. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the amount that An Garda Síochána has received from organisations (details supplied) towards the costs of policing their events in 2016 and to date in 2017; and if he will make a statement on the matter. [47966/17]
View answerThe Deputy will be aware that section 30 of the Garda Síochána Act 2005 provides a statutory basis for the Garda Commissioner, as Accounting Officer for the Garda Vote, to charge for police services on a non-public duty basis for commercial events such as sports fixtures and concerts.
I am informed by the Garda authorities that the cost to the event holder is determined by the number of Garda personnel deployed and that the operational plan for a particular event is formulated by local Garda management.
The objective of charging is to recover the cost of providing the police services. I am further informed that An Garda Síochána does not seek to recover its costs for charitable events or for national public events such as policing the St. Patrick’s Day parade which are funded by the public purse.
The following table outlines the amounts received from the FAI, the IRFU and the GAA towards the cost of policing their events in 2016 and to the end of October 2017.
|
Organisation |
2016 |
2017 to End October |
|
FAI |
€110,726.00 |
€229,937.00 |
|
IRFU |
€174,806.00 |
€186,226.00 |
|
GAA |
€760,540.00 |
€420,762.00 |
219. Deputy Eamon Scanlon asked the Minister for Justice and Equality if a structural engineer's report for the remedial work on Ballinamore courthouse, County Leitrim has been supplied to the Courts Service and Leitrim County Council; if not, when the report will be conducted and supplied; and if he will make a statement on the matter. [47995/17]
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 work was due to be undertaken earlier this year on the roof of Ballinamore courthouse. The Courts Service has further informed me that the Office of Public Works advised that a report on the structure of the building would be required before any work could commence and this report has now been received. The Courts Service will consider the report which will inform the decision to be made in relation to the Ballinamore courthouse.
220. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the metrics by which An Garda Síochána collect sexual abuse and violence data both nationally and by county; and the method by which this information is distributed to the relevant Government Departments. [48001/17]
View answerI have sought a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.
221. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 136 of 26 October 2017, if it is not the intention in the future to prevent Members of the Houses of the Oireachtas from obtaining information in respect of their constituents appertaining to their relevant application, in some cases asylum or subsidiary protection; and if he will make a statement on the matter. [48006/17]
View answerThe specific issue arises in relation to cases of asylum or subsidiary protection. Under Section 26 of the International Protection Act 2015, it is an offence to identify an international protection applicant. The offence is punishable by summary conviction to a Class A fine or a term of imprisonment of 12 months or both.
As a result, it would be contrary to national law for I or my Department officials to provide information which pertains to the applicant or their application. Even to confirm that an application has been made would be to identify the individual as an applicant. The Chief International Protection Officer and his team of International Protection Officers are also bound by the confidentiality provisions of Section 26 of the 2015 Act to protect the identity of the applicant.
There are a number of reasons why the individual circumstances pertaining to applications for international protection require that the very strictest rules of confidentiality are upheld to ensure the identity of those who apply for international protection is not revealed, either directly or indirectly. In particular, it is important to note that the authorities of some countries of origin may engage in the monitoring of the activities of their nationals abroad. The very act of making an application for international protection, which alleges persecution by the State, is viewed in some jurisdictions as an act of disloyalty or aggression by that person against their country of origin. This could lead to remaining families and relatives of such applicants becoming a target.
Where an applicant or their designated legal adviser wishes to obtain information in relation to their application they can contact the International Protection Office directly either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
These provisions only relate to international protection applicants.
Queries in respect of other application types 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.
222. Deputy John Lahart asked the Minister for Justice and Equality the number of persons who avail of State or Garda drivers; and the number of persons that have the use of State car and driver, in tabular form. [48045/17]
View answerAs the Deputy will be aware, the Government introduced a number of changes for the provision of Office Holder transport during 2011. One of the consequences of that decision was that the transport arrangements in place for Ministers of State became applicable to Government Ministers, subject to very limited exceptions on security grounds.
In addition, it was decided that former Presidents and Taoisigh would only be supplied with official transport for important State occasions. The revised transport arrangements came into operation for Government Ministers on 1st May 2011 and for former Office Holders on 16th June 2011.
I am informed that State cars and drivers are currently placed at the disposal of the President, An Taoiseach, Minister for Justice and Equality, Chief Justice and DPP.
223. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the cost of the recent McCartan report of the assessment on the Stardust fire of 14 February 1981, including the payments made to former Judge McCartan, legal researchers, counsel and to expert fire, construction or other specialist advisors called in by Judge McCartan and his report staff; and if he will make a statement on the matter. [48119/17]
View answerThe total cost of the independent Stardust assessment process was €105,736.83. Sanction was obtained by my Department from the Department of Public Expenditure and Reform on the basis that costs did not exceed €114,834 and that expenditure could be met within my Department’s existing financial allocations.
Judge McCartan was paid a fee, which represented the differential between his current judicial pension and his former judicial salary. In addition, some costs arose in respect of Junior Counsel, Gary Fitzgerald, who was chosen by the Judge to assist with the assessment process.
The Stardust Victims' Committee sought costs for its researcher who produced the Committee’s submission to Judge McCartan. The Committee also sought costs for its legal advisor.
The detailed breakdown of costs associated with the independent assessment follows:
Judge McCartan’s fees: €43,909 approx.
Judge McCartan’s travel costs: €643 approx.
Judge McCartan’s administration costs (i.e. photocopying): €94.93
Junior Counsel costs (i.e. appointed to assist Judge McCartan): €16,884.21
Committee researcher costs (i.e. production of Committee submission): €34,193.13
Committee legal advisor costs: €9,682.56
Committee miscellaneous expenses: €330
There were no costs associated with office accommodation. The independent assessment process availed of office accommodation and meeting facilities at Tom Johnson House, which is a Government property in the ownership of the State.
224. Deputy Catherine Murphy asked the Minister for Justice and Equality if his attention has been drawn to the fact that on 29 September 2017 the Legal Service Regulatory Authority forwarded to him two reports, section 119 report of public consultation on multi disciplinary practices and section 120 report of public consultation on certain matters relating to barristers; his plans to lay these reports before Dáil Éireann; and if he will make a statement on the matter. [48134/17]
View answerI am aware of the two reports which have been submitted to me by the Legal Services Regulatory Authority on 29 September 2017. I am happy to assure the Deputy that the arrangements are being put in place for the laying of the two reports in question before each House of the Oireachtas as provided for under the relevant provisions of the Legal Services Regulation Act 2015. These represent the latest two of a series of five reports which the Legal Services Regulatory Authority has been obliged to prepare, including on foot of a number of public consultations, under the 2015 Act over the first year from its date of establishment on 1 October 2016. The Authority has been obliged to complete this component of its work within the tight deadlines stipulated in the Act. I also understand that it is engaged in ongoing consideration and consultation in relation to a number of the matters concerned.
The subject matter of these reports and consultations relates to the new alternative business models for the provision of legal services which are among those structural reforms covered by the 2015 Act. Namely, Legal Partnerships (solicitor-barrister or barrister-barrister partnerships - solicitors can already operate partnerships) and, as the Deputy has pointed out, Multi-Disciplinary Practices (where lawyers and non-legal service providers can offer their services together) and certain matters relating to barristers such as allowing direct access to a barrister on contentious business or allowing them to hold clients' monies. At present my Department is continuing to work with the Regulatory Authority towards the early introduction of Legal Partnerships once the necessary regulatory and working capacities of the Authority can be put in place.
As with the previous reports submitted by the Authority on these areas of structural reform under the 2015 Act, the latest two reports raised by the Deputy are in the process of being laid before the Houses and I expect this to be completed in the next week.
225. Deputy Alan Kelly asked the Minister for Justice and Equality if an official or officials from his Department dined at a restaurant (details supplied) with a member or members of An Garda Síochána senior management; and if he will make a statement on the matter. [48138/17]
View answerOfficials of my Department meet with members of the Garda Síochána on a regular basis, including occasionally in a social setting. While I am not aware of any such occasion, it is entirely possible that such an encounter took place in the establishment named by the Deputy over the years. As I indicated to the Deputy last week, however, a search of our financial records has shown that the Department has not paid for dining in the said establishment since at least 2010.
226. Deputy Alan Kelly asked the Minister for Justice and Equality the purpose of the telephone call from the then Garda Commissioner to the Secretary General of his Department on 15 May 2016; and if he will make a statement on the matter. [48139/17]
View answer227. Deputy Alan Kelly asked the Minister for Justice and Equality if the logs, notes and diary entries in his Department regarding the phone call between the then Garda Commissioner and the Secretary General of his Department on 15 May 2016 will be published; and if he will make a statement on the matter. [48140/17]
View answer228. Deputy Alan Kelly asked the Minister for Justice and Equality when the former Minister for Justice and Equality was informed of the phone call and-or details of the phone call between the then Garda Commissioner and the Secretary General of his department on 15 May 2016 [48141/17]
View answer229. Deputy Alan Kelly asked the Minister for Justice and Equality when the attention was drawn to persons in his department of the decisions taken at the meeting of senior Garda management in Garda headquarters on 15 May 2016; and if he will make a statement on the matter. [48142/17]
View answerI propose to take Questions Nos. 226 to 229, inclusive, together.
Insofar as the subject matter of these questions appears to refer to issues which are specifically within the terms of reference of the Disclosures Tribunal under Mr Justice Charleton, we must be careful not to say anything which would interfere with the Tribunal's work.
I have previously indicated that it would not have been appropriate for my Department to interfere in any way with the approach of the Garda Commissioner to the O'Higgins 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 would point out to the House that the approach of the Garda Commissioner to the O'Higgins Commission of Investigation is covered by the following terms of reference of the Disclosures Tribunal:
Paragraph (e): to investigate whether false allegations of sexual abuse or any other unjustified grounds were inappropriately relied on to discredit Sgt McCabe at the O'Higgins Commission of investigation;
Paragraph (h): to investigate contacts between members of the Garda Síochána and, inter alia, members of the Government, other state entities, which would include my Department, or any relevant person.
I would also point out that 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.
Therefore, 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.
230. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to physical attacks made on members of a group (details supplied) at a licensed coursing event at Ballinagar, County Offaly on the October bank holiday weekend as members of the group attempted to film the event from a public road outside the course area; and if he will make a statement on the matter. [47712/17]
View answerI am aware of the incident referred to by the Deputy.
The Deputy will appreciate that the investigation of possible criminal offences is a matter for An Garda Síochána and I, as Minister, have no role in this regard.
It is the role of An Garda Síochána to independently investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions (DPP). The DPP, which is an independent body, will then make a decision as to whether or not a person should be prosecuted and for what offence.
