Written Answers Nos. 511-532
511. Deputy Clare Daly asked the Minister for Justice and Equality the procedure by which a legal guardian can establish their consent to their child has been given refugee status here applying for travel documents which have a requirement for the legal guardian to sign the form in the presence of a garda but the legal guardian lives in Iraq. [54594/17]
View answerI am informed by the Travel Documents Section of the Irish Naturalisation and Immigration Service (INIS) of my Department, which issues travel documents to holders of protection status, that the normal procedure for application on behalf of minors is that the parents or legal guardians would sign the application form in the presence of a member of the Garda Síochána, while accompanied by the child. This approach would require the parents or legal guardians, if outside the State, to travel to Ireland. As a safeguard, they would also have to substantiate their bona fides in relation to the child.
In this particular case, the Deputy's question does not contain sufficient information to give a specific response. For example, the Travel Documents Section would need to know if the legal guardian in question is a parent, and whether there is more than one parent or legal guardian. If the person is not a parent, the grounds for the claimed guardianship would need to be substantiated. Under circumstances under which travel to Ireland is not possible, there may be scope to involve the assistance of the nearest Irish Embassy. In order to receive a detailed response to the particular situation in question, the Deputy or the legal guardian should make email contact with the INIS Travel Documents Section at INIStravdoc@justice.ie, or by post to Travel Documents Section, Ministerial Decisions Unit, Repatriation Division, INIS, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.
512. Deputy Alan Kelly asked the Minister for Justice and Equality if all members of An Garda Síochána are in compliance currently and historically with SIPO requirements; and if he will make a statement on the matter. [54598/17]
View answer524. Deputy Alan Kelly asked the Minister for Justice and Equality if he will request the acting Garda Commissioner to confirm that all senior management in An Garda Síochána have complied fully and historically with SIPO legislation; and if he will make a statement on the matter. [54682/17]
View answerI propose to take Questions Nos. 512 and 524 together.
I am advised by the Garda Commissioner that in January of each year, all personnel who occupy a “designated position of employment” in An Garda Síochána are informed of their obligations under the Ethics in Public Office Acts 1995 and 2001. A Section 18 Statement of Interests Form is attached as well as correspondence from the Standards in Public Office Commission (SIPO).
Prior to 2010, SIPO guidelines recommended that where a designated official had no interests to disclose, he/she should furnish a 'nil' statement, however this was never a legal requirement.
In the eighth edition of the guidelines (August 2010) for public servants on compliance with their obligations, SIPO withdrew this recommendation. On this basis, I am informed that personnel were subsequently notified that it is no longer necessary to provide a “nil” statement and were informed that it was the responsibility of each holder of a "designated position of employment" to ensure that he/she was in compliance with their obligations under the Ethics in Public Office Acts. In this context it is obviously not possible for An Garda Síochána (or any other public service body) to confirm with absolute certainty full historical compliance as the individuals had the option of not furnishing a statement. However, as the Deputy will be aware, following a request by the Public Accounts Committee last Summer, An Garda Síochána requested all relevant officers to confirm compliance with the Ethics in Public Office Acts. This was done through a survey conducted by the Office of the Chief Administrative Officer. I am advised that a total of 272 members were surveyed and 271 members responded. I understand that the remaining person was on extended sick leave.
I am further informed that last December, Garda management met with officials from SIPO to discuss how An Garda Síochána could enhance processes to ensure a robust approach to compliance with the Ethics in Public Office Acts.
The Commissioner has advised that correspondence will shortly issue to relevant personnel with regard to compliance with the Acts for 2017 and that, in the interest of good corporate governance, they will be requested to confirm compliance with the Acts by returning a statement of interests whether it is "Nil" or otherwise.
If the Deputy has a specific concern in relation to compliance with SIPO legislation, I would ask that he communicate the information to SIPO so that the matter can be properly investigated.
513. Deputy John Deasy asked the Minister for Justice and Equality the number of persons here who have used the European small claims procedure to pursue a cross-Border civil or commercial claim since January 2009; the average monetary award upon judgment to date; and the average annual cost to the State of facilitating this avenue of redress. [54623/17]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that it commenced collating data on the number of European Small Claims processed by the Small Claims Court where the Claimant was resident in Ireland in 2015 and so data is not available prior to 2015. The Courts Service has also informed me that the collation of data in respect of 2017 has not yet been completed.
The following table provides the data in relation to the number of European Small Claims received by the Small Claims Court in 2015 and 2016 where the Claimant was resident in Ireland and the details of decrees granted.
|
Year |
Small Claims Ireland to EU Applications Received |
Small Claims Ireland to EU Decrees Granted |
|
2015 |
80 |
24 |
|
2016 |
61 |
21 |
The Courts Service has advised that all European Small Claims are manually processed and that the value of decrees granted are not collated for statistical purposes. Therefore, the average monetary award upon judgment is not available. The Courts Service has also advised that the average annual cost to the State of facilitating this avenue of redress is not available.
I wish to inform the Deputy that I have asked my Department to engage further with the Courts Service on the issue of improving the information capability in relation to the European small claims procedure so as to facilitate analysis of its effectiveness on the ground.
514. Deputy John Deasy asked the Minister for Justice and Equality the backlog of cases before the Court of Appeal; and his views on its effectiveness since being established. [54624/17]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that following the establishment of the Court of Appeal on 28 October 2014, 1,355 civil appeals then pending in the Supreme Court were transferred to the Court of Appeal. Of those cases just 257 appeals were certified by the solicitors for the appellants as being ready for hearing. 660 criminal appeals, then pending before the Court of Criminal Appeal, were also transferred.
In addition to the legacy caseload, the Court of Appeal (subject to constitutional provisions for direct appeals to the Supreme Court in certain circumstances) is the appellate court for all appeals from decisions of the High Court (including the Central Criminal Court), the Special Criminal Court and the Circuit (Criminal) Court. Between 28 October 2014 and 30 September 2017 there were 2,824 new appeals lodged to the Court of Appeal - 1,897 civil appeals and 927 criminal appeals.
As at 30 September 2017 there were 1,947 appeals awaiting a hearing, of which 1,399 are civil appeals, and of which 745 are cases transferred from the Supreme Court. 548 criminal appeals are outstanding, of which 20 are appeals transferred from the Court of Criminal Appeal. Please note that data for Q4 2017 is not yet available.
The Court of Appeal comprises the President of the Court together with nine ordinary judges. Of this complement of ten judges, four judges are assigned by the President to deal with criminal appeals, while the President and the remaining five judges deal with civil appeals. The civil appeals list is managed by the President of the Court of Appeal, while the criminal appeals list is managed by another judge of the court nominated by the President.
The Court sits every day in term in a minimum of two divisions to hear civil appeals and criminal appeals subject to one week each term being allocated for preparation of reserved judgments in cases, where important issues of law arise and where the court is of the view that judgment cannot be given immediately after the appeal hearing.
The Courts Service has advised that the waiting times as at the end of November 2017 were as follows:
(a) Civil Appeals
- fast tracked short appeals (requiring less that 2 hours) - 12 months subject to the case being included in the "short cases" list and with the possibility of an earlier date, and
- other appeals (requiring more than 2 hours) - the waiting time for these appeals is 18 months.
Urgent appeals such as Hague Convention/child abduction and refugee asylum cases continue to be accommodated having regard to the degree of urgency demonstrated. Also civil appeals, which have a custody and/or criminal element, are now case-managed in the Criminal Courts of Justice by the panel of 4 judges assigned to deal with the criminal appeal list, thus ensuring the degree of priority necessary for hearing of such appeals. As a result, waiting times for these cases are as follows:
- Article 40/habeas corpus appeals and bail appeals are usually heard in one month or less
- European Arrest Warrant cases and Judicial Review cases are heard within the current legal term provided the necessary papers are in order.
(b) Criminal Appeals
Criminal Appeals have a waiting time of 6 months. This is significantly better than the 18 month waiting time in the Court of Criminal Appeal prior to the establishment of the Court of Appeal. Hearing dates can now be allocated during the subsequent legal term to the majority of cases included in the List to Fix Dates (held once a term). An occasional case, which requires a full day or in excess of a day, or a case where for various reasons a date during a specific week/month is requested by the parties and which the court simply cannot accommodate due to the availability of court time, will be allocated a date during the subsequent term.
Criminal appeals (and civil appeals for hearing in the Criminal Courts of Justice) are actively managed on a weekly basis by the Judge assigned to management of the criminal lists to ensure cases are dealt with as efficiently as possible and delays in moving cases to the List to Fix Dates due to procedural issues arising are kept to a minimum. Applications for priority may be made at the weekly management list.
The matter of resources in the Court of Appeal, taking into account its current workload including the substantial inherited backlog and bearing in mind resources across the courts, is currently being examined.
A recent initiative agreed between the Chief Justice and the President of the Court of Appeal has seen a first tranche of 60 legacy appeals (transferred from the Supreme Court) identified for transfer back to the Supreme Court with a view to an early hearing date in that court. 20 of these appeals have been transferred back to the Supreme Court and of these 9 appeals were heard in the Supreme Court in December 2017 with the remainder being actively case-managed by the Supreme Court with a view to a hearing in February 2018.
515. Deputy John Deasy asked the Minister for Justice and Equality the number of persons convicted of criminal offences in County Waterford courts who were granted bail in each of the past five years; and the number of these who were found to have reoffended while out on bail. [54625/17]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has advised that it is not possible to provide the information regarding the number of persons convicted of criminal offices in County Waterford courts that were granted bail in each of the past five years in the time available. The information will be forwarded to the Deputy as soon as it is to hand.
The Courts Service has also advised that courts statistics are not compiled in such a way as to provide the information sought by the Deputy regarding the number of persons that were found to have re-offended while out on bail and it is therefore not possible to provide the detail sought.
A referred reply was forwarded to the Deputy under Standing Order 42A.
516. Deputy John Deasy asked the Minister for Justice and Equality the number of prosecutions that were struck out by District Court district in 2015 and 2016. [54626/17]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has provided information in the following table on the number of offences disposed of and strike outs by District Court district in 2015 and 2016 which relates to all prosecutions.
The figures provided by the Courts Service indicate that a certain percentage of cases are struck out for non-service. Challenges in relation to effecting service of summons in certain circumstances relate to such matters as inaccurate address data, persons moving address, or living in multi-occupancy dwellings or other settings which make service difficult. In addition, certain persons will take steps to evade service and similar difficulties are experienced by many other police forces. It should be noted that where a summons is struck out, An Garda Síochána may apply to the appropriate court office for the reissue of the summons.
Report on number of offences disposed of and strike outs by District Court District in 2015 and 2016:
|
District |
Number of Offences in 2015 |
Strike Out in 2015 |
Strike Out - Not Served in 2015 |
Number of Offences in 2016 |
Strike Out in 2016 |
Strike Out - Not Served in 2016 |
|
DISTRICT NO. 1 |
7,707 |
2,547 |
1,829 |
6,536 |
2,123 |
1,360 |
|
DISTRICT NO. 2 |
7,252 |
2,606 |
1,817 |
6,531 |
2,508 |
1,355 |
|
DISTRICT NO. 3 |
4,308 |
476 |
537 |
4,594 |
417 |
842 |
|
DISTRICT NO. 4 |
10,952 |
3,375 |
2,067 |
9,404 |
3,210 |
1,965 |
|
DISTRICT NO. 5 |
9,902 |
3,420 |
2,236 |
10,303 |
2,222 |
2,114 |
|
DISTRICT NO. 6 |
9,985 |
3,173 |
1,840 |
10,861 |
3,607 |
1,617 |
|
DISTRICT NO. 7 |
11,903 |
2,817 |
2,182 |
11,661 |
2,744 |
1,877 |
|
DISTRICT NO. 8 |
8,331 |
2,531 |
1,440 |
7,403 |
2,373 |
1,544 |
|
DISTRICT NO. 9 |
13,467 |
5,309 |
2,830 |
12,811 |
4,848 |
2,107 |
|
DISTRICT NO. 10 |
7,728 |
2,707 |
1,867 |
6,844 |
2,606 |
1,227 |
|
DISTRICT NO. 12 |
13,859 |
5,554 |
2,549 |
11,901 |
2,502 |
2,301 |
|
DISTRICT NO. 13 |
25,285 |
6,049 |
4,542 |
24,641 |
5,506 |
4,325 |
|
DISTRICT NO. 15 |
11,445 |
3,368 |
2,287 |
12,275 |
3,792 |
3,047 |
|
DISTRICT NO. 16 |
9,380 |
3,111 |
2,060 |
7,940 |
2,938 |
1,550 |
|
DISTRICT NO. 17 |
10,775 |
2,773 |
3,027 |
9,363 |
2,353 |
1,753 |
|
DISTRICT NO. 18 |
7,630 |
1,247 |
1,411 |
6,080 |
1,026 |
1,271 |
|
DISTRICT NO. 19 |
26,494 |
6,919 |
5,566 |
24,756 |
5,986 |
5,159 |
|
DISTRICT NO. 20 |
12,530 |
4,076 |
2,912 |
11,040 |
3,639 |
2,651 |
|
DISTRICT NO. 21 |
8,866 |
2,601 |
1,992 |
8,869 |
2,690 |
1,981 |
|
DISTRICT NO. 22 |
12,460 |
2,945 |
2,303 |
11,178 |
2,413 |
2,057 |
|
DISTRICT NO. 23 |
8,170 |
2,567 |
1,106 |
8,881 |
2,757 |
1,253 |
|
DISTRICT NO. 24 |
6,743 |
3,027 |
1,385 |
6,582 |
3,092 |
1,235 |
|
DISTRICT NO. 25 |
12,885 |
1,211 |
3,260 |
11,730 |
1,015 |
3,053 |
|
DUBLIN METROPOLITAN DISTRICT |
135,347 |
46,796 |
25,596 |
137,792 |
47,970 |
30,518 |
|
Total |
393,404 |
121,205 |
78,641 |
379,976 |
114,337 |
78,162 |
Note: Any change to the figures in the Annual Report of the total number of strike outs in the District Court in 2015-2016, excluding strike outs not served, relate to changes in the status of cases since the figures in the Annual Report was completed.
517. Deputy John Deasy asked the Minister for Justice and Equality the number of cases before courts in County Waterford that resulted in judges making orders against convicted persons to make donations to the court poor box in 2016; and the amount involved. [54627/17]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has provided details of orders made by courts sitting in County Waterford relating to payments to the court poor box. The data have been collated in relation to sittings of the District Court in WaterfordCity, Dungarvan and Lismore and is set out in the following table.
As the Deputy may be aware, the court poor box is a non-statutory system used by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. The option of paying into the court poor box arises usually where the offence is minor in nature and would not attract a custodial sentence.
There are many reasons and instances why the court poor box is used by judges. The accused may never previously have been before the courts, the accused may have pleaded guilty, a conviction might be inappropriate, or might adversely affect employment, career or working abroad prospects, and/or the offence may be of a minor or trivial nature.
When combined with the Probation of Offenders Act it provides an option where some financial penalty is considered merited but a conviction and fine are not. It can sometimes be a more meaningful punishment than the maximum fine where the value of a maximum fine may have been eroded by inflation.
Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
The Government has approved the drafting of a Criminal Justice (Community Sanctions) Bill to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system. The Bill is currently being drafted by the Office of the Parliamentary Counsel. It is intended that the legislation will abolish the court poor box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the District Court.
Report on Poor Box Orders for January to December 2016 for County Waterford
|
Court Area |
Number of Poor Box Orders |
|
Waterford City |
54 |
|
Dungarvan |
103 |
|
Lismore |
15 |
|
Total |
172 |
The Courts Service has advised that it's financial procedures provide that payments to the court poor box are recorded on the Courts Service Courts Accounting System and that payments are receipted and accounted for on a Court Office basis rather than on an individual court location basis. Accordingly, it is not possible for the Courts Service to provide details in respect payments received arising from orders made in the courts sitting in Waterford City, Dungarvan or Lismore.
518. Deputy John Deasy asked the Minister for Justice and Equality the number of accused persons who received free legal aid in each county in 2016; and the average cost per case to the State arising from free legal aid applications. [54628/17]
View answerThe Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings.
Under the 1962 Act, the courts, through the Judiciary, are responsible for the granting of legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation.
I can inform the Deputy that the number of criminal legal aid certificates issued by the District Courts for 2016 was 55,617. Statistics are not compiled in such a manner as to readily identify the number of certificates issued on a county by county basis.
Fees payable to solicitors for cases in the District Courts are substantially lower than the fees payable to lawyers for cases in the Circuit and Higher Courts. With regard to information sought in relation to the average cost per case to the State, given that expenditure in 2016 was €53 million and the number of certificates granted was 55,617, the approximate average cost was €953. This figure is an average of a number of different categories of legal aid expenditure relating to the particular form of criminal legal aid which was granted.
519. Deputy John Deasy asked the Minister for Justice and Equality the number of prosecutions that have been brought before the courts in County Waterford for possession of heroin for personal use and for sale and supply since 2008. [54630/17]
View answer520. Deputy John Deasy asked the Minister for Justice and Equality the number of prosecutions that have been brought before the courts in County Waterford for possession of cocaine for personal use and for sale and supply since 2008. [54631/17]
View answer521. Deputy John Deasy asked the Minister for Justice and Equality the number of prosecutions that have been brought before the courts in County Waterford for possession of ecstasy for personal use and for sale and supply since 2008. [54632/17]
View answerI propose to take Questions Nos. 519 to 521, 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.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that it is not possible to provide the data sought in the specific format requested by the Deputy as, for recording purposes, possession of drugs are coded on the basis of offences rather than on possession of individual drug types.
The Courts Service has also informed me that all prosecutions for possession of drugs, whether for personal use or for sale or supply, commence in the District Court. The report below provides details of all drug possession offences listed for courts located in County Waterford (District Courts in Waterford City, Dungarvan and Lismore) for the years 2008 to 2016 and from January to November 2017. The data for December 2017 is not yet available.
Report on the number of offences listed for court for Possession for Sale and Unlawful Possession from 2008 to 30 November 2017 in County Waterford.
|
Offence |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
January- November 2017 |
|
Possession for Sale of Supply Drugs Value €13,000 or more |
7 |
5 |
4 |
3 |
7 |
9 |
5 |
1 |
1 |
3 |
|
Possession of Drug for the Purpose of Sale or Supply |
83 |
72 |
81 |
87 |
113 |
64 |
79 |
74 |
45 |
63 |
|
Unlawful Possession of Drug(s) |
518 |
510 |
577 |
445 |
398 |
324 |
295 |
282 |
301 |
295 |
|
Total |
608 |
587 |
662 |
535 |
518 |
397 |
379 |
357 |
347 |
361 |
522. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a scheme exists whereby a person (details supplied) can avail of legal aid in view of the fact that their case is currently on appeal; and if he will make a statement on the matter. [54670/17]
View answerThe Criminal Justice (Legal Aid) Act, 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the Judiciary. The provision of legal aid under the Scheme only applies within this State. The provisions of the Scheme do not apply outside this jurisdiction.
There is no other scheme within my responsibility as Minister for Justice and Equality that provides for legal aid for a person accused in criminal proceedings in a foreign jurisdiction. It is noted from the details supplied that the person referenced in the Deputy's question is receiving consular assistance from the Department of Foreign Affairs.
523. Deputy Alan Kelly asked the Minister for Justice and Equality the retirements in An Garda Síochána from the rank of superintendent up to Commissioner since 1 January 2016 by name, rank, role and location. [54679/17]
View answerI am advised by the Garda Commissioner that from 1 January 2016 to 31 December 2017 there were 32 retirements from the rank of Superintendent up to and including the rank of Commissioner, the details of which are outlined in the following table. The Commissioner has advised that for data protection reasons it is not possible to release the names of the members concerned.
|
Number of retirements from Superintendent to Commissioner from 1 January 2016 to 31 December 2017 |
|
|
Rank |
Location / role |
|
Commissioner |
Garda Headquarters |
|
Assistant Commissioner |
Sligo |
|
Assistant Commissioner |
National Support Services |
|
Assistant Commissioner |
Drugs Organised Crime Bureau |
|
Assistant Commissioner |
DMR Office Harcourt Square |
|
Assistant Commissioner |
Security & Intelligence |
|
Chief Superintendent |
Drogheda |
|
Chief Superintendent |
Tralee |
|
Chief Superintendent |
Bray |
|
Chief Superintendent |
Bandon |
|
Chief Superintendent |
Special Detective Unit |
|
Chief Superintendent |
Security & Intelligence |
|
Chief Superintendent |
Waterford |
|
Chief Superintendent |
Protective Service Bureau |
|
Chief Superintendent |
Sligo |
|
Chief Superintendent |
Community Relations |
|
Chief Superintendent |
Roscommon |
|
Superintendent |
Drogheda |
|
Superintendent |
Drugs Organised Crime Bureau |
|
Superintendent |
Professional Standards Office |
|
Superintendent |
Dun Laoghaire |
|
Superintendent |
Blackrock |
|
Superintendent |
Portlaoise |
|
Superintendent |
Bandon |
|
Superintendent |
Garda College |
|
Superintendent |
Store Street |
|
Superintendent |
Nenagh |
|
Superintendent |
Carlow |
|
Superintendent |
Immigration Bureau |
|
Superintendent |
Newcastle West |
|
Superintendent |
Office of Corporate Communication |
|
Superintendent |
Criminal Investigation Bureau |
525. Deputy Jack Chambers asked the Minister for Justice and Equality if he will address a matter (details supplied) regarding pensions; and if he will make a statement on the matter. [54683/17]
View answerAs I have previously advised the Deputy in my replies to his parliamentary questions of the 3 October 2017 and 19 October 2017, the position is that prior to 1 October 1976, where a member of An Garda Síochána resigned or was dismissed before reaching the age and service at which he could retire on pension, that member forfeited all superannuation benefits under the then Garda Síochána Superannuation Scheme.
This situation was changed following discussions at the Garda Conciliation Council. It was agreed at that time by both sides, the official side and the Garda representative associations, and endorsed by the then Minister for Finance, that the new arrangements should apply to members of An Garda Síochána serving on, or after, 1 October 1976. By extension, these new terms did not and cannot apply to members who had left An Garda Síochána prior to that date. Generally speaking, these Agreed Reports provide that a Garda who resigned or was dismissed on or after 1 October 1976 can have superannuation benefits accrued to the date of resignation or dismissal, preserved until the member reached 60 years of age.
The then Department of Finance, and now Department of Public Expenditure and Reform, which continues to have overall responsibility for public service pension matters, agreed with the proposals for a cut-off date for eligibility for preserved benefits.
Similar arrangements have also been introduced in pension schemes across the public sector with varying ‘cut-off’ dates depending on the particular organisation involved and the conclusion of negotiations between management and the relevant staff interests.
I must again stress that this was an agreed date between all of the parties involved in the discussions and was not imposed. It is an inevitable consequence of the introduction of improvements in pension schemes that members of that scheme who had left it prior to the effective date cannot avail of that benefit.
My Department has consulted the Department of Public Expenditure and Reform and has been advised that the position remains that it is not possible to resolve a case individually on an administrative basis and provide an individual with preserved benefits without changing the terms of the scheme retrospectively. Such amendment would, in equity, have to cover all public servants who resigned prior to the effective date applicable to their schemes. That Department has further stated that changing the various schemes to change the cut-off date is not a practicable proposition.
I am advised that if a person retired voluntarily with full pensionable service and having reached the minimum retirement age prior to 1 October 1976 their pension entitlement was not affected by the new terms, which applied from 1 October 1976.
I trust this clarifies the position for the Deputy.
526. Deputy Alan Kelly asked the Minister for Justice and Equality his views on whether the statistics provided in 2013 to 2017 by An Garda Síochána to the RSA for its road safety campaigns were accurate; his further views on whether the RSA should be refunded some of the costs that An Garda Síochána charged for the campaigns; and if he will make a statement on the matter. [54688/17]
View answerAs the Deputy will be aware, the Roads Safety Authority (RSA) falls within the remit of my colleague, the Minister for Transport, Tourism and Sport, Mr. Shane Ross, T.D., and I have been advised by his Department as follows:
The RSA has a statutory remit to analyse and report on data from fatal, serious and minor injury collisions that have occurred on public roads, based on reports received from An Garda Síochána. The RSA validates the data upon receipt of same, before the data is formally signed off by the RSA. The RSA has confidence in the accuracy of this data, which is then used by the RSA to inform the development of evidence-based road safety interventions, including public awareness campaigns. The RSA does not make payments to, or charge An Garda Síochána for developing road safety campaigns.
527. Deputy Alan Kelly asked the Minister for Justice and Equality the dates and purposes of all meetings between his officials and associations (details supplied) since 1 January 2015. [54690/17]
View answerThe Deputy will be aware that the Minister for Justice and Equality and officials from the Department meet from time to time, in a number of fora, with all four Garda Staff Associations, including the Garda Representative Association (GRA) and Association of Garda Sergeants and Inspectors (AGSI). Collating the information requested by the Deputy involves a comprehensive search of documents over a number of years encompassing a number of areas of the Department. Officials from my Department are currently fully engaged in completing this exercise and I hope to be in a position to provide the information to the Deputy in a matter of days.
528. Deputy Mattie McGrath asked the Minister for Justice and Equality if he will examine a matter (details supplied); and if he will make a statement on the matter. [54700/17]
View answerMy Department has sought the information requested by the Deputy and I will respond directly to him when the information is to hand.
530. Deputy Peadar Tóibín asked the Minister for Justice and Equality the name and number of organisations here that are in receipt of funding from his Department that have expended resources seeking the repeal of the eighth amendment; the amount of funding these organisations have received from the State in the past five years; the amount of money that they have spent on this particular campaign during that time; the number of organisations here that are in receipt of funding from his Department that have expended resources seeking the retention of the eighth amendment; the amount of funding these organisations have received from the State in the past five years; and the amount of money that they have spent on this particular campaign during that time. [54770/17]
View answerMy Department provides funding to almost 300 different organisations. Many of these organisations also receive funding from other sources. My Department is not aware of, nor would it have access to information to determine, the details sought in the Deputy's question.
531. Deputy Brendan Howlin asked the Minister for Justice and Equality the steps that can be taken to improve waiting times for the hearing of family law cases before Wexford District Court; and if he will make a statement on the matter. [54775/17]
View answerAs the Deputy will be 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. Furthermore, the scheduling of court cases and the allocation of court business is a matter the President of the District Court and the presiding judge who are, under the constitution, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the President of the District Court monitors waiting times and workload across all court lists and seeks to ensure the optimum use of court time and judicial resources. Wherever possible, the President targets additional judicial resources at the areas of greatest need.
I am also informed that Wexford District Court hears family law applications on two dedicated days each month (second Monday and fourth Tuesday). There are also two dedicated days per month for the hearing of family law matters in Gorey District Court. In addition to these dedicated days, another day at the end of the month is available for hearings which are not reached on the normal family law court days. Special hearing days are also provided where deemed appropriate, especially for cases which may take some time to deal with.
Emergency Applications such as Protection Orders are prioritised and are listed for hearing at the next court sitting day regardless of whether it is a dedicated family law day or not. Such applications are usually granted where the Court so decides on the date the application is made to the Court. Typically interim barring orders, which are also an emergency application, are also made ex parte and granted on the date of application. There are, therefore, no delays in dealing with such applications in either Wexford or Gorey District Courts.
Barring Order and Safety Order applications are listed for the next dedicated family law day in both Wexford and Gorey District Courts and are allocated priority in the family law list for that dedicated day and it can reasonably be anticipated that such applications will be listed for hearing within 4 weeks of the date of application.
With regard to Guardianship or Maintenance applications the waiting time to get into Court is 6 to 8 weeks. Any applications requesting dates currently, unless they are urgent, are being assigned dates in February 2018.
The Courts Service has advised that delays in the hearing of cases can be impacted by a number of factors, many of which are outside the control of the courts and the Courts Service, for example, the unavailability of a witness or vital evidence, delays in the furnishing of reports or because the parties and/or legal practitioners are not ready to proceed on allocated dates. This gives rise to adjournments, which can have an impact on the time taken to complete the hearing of a case and on the number of cases which can be disposed of in a court sitting.
The Courts Service continues to work with the Presidents and the Judiciary to ensure waiting times are kept to a minimum and, where specific issues are identified, resources are targeted at areas of greatest need.
532. Deputy Michael McGrath asked the Minister for Justice and Equality the number of bankruptcy cases in which the official assignee has sought or is seeking a payment in respect of the positive equity in the home of the person who has become bankrupt; and if he will make a statement on the matter. [54801/17]
View answerI can inform the Deputy that the Insolvency Service of Ireland (ISI) has confirmed that the total number of cases where the Official Assignee has brought an application to sell his interest in a Family Home is 43. Five of these cases have been completed and 38 cases are still before the Courts. There have been no forced sales.
Under Section 61(4) of the Bankruptcy Act 1988 (as amended by the Bankruptcy Amendment Act 2015), the Official Assignee cannot dispose of any property which is the family home of a person who has become bankrupt, without the prior permission of the High Court. (The same Section also applies if the property is the shared home of the person, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010).
Where the Official Assignee applies to the High Court for such permission, the Court has the power (under Section 61(5) of the Bankruptcy Act (as amended)) to order postponement of any disposal of the home, having regard to the interests of the spouse or civil partner, and of any dependants, of the bankrupt person, as well as to the interests of creditors, and will have regard to all the circumstances of the case.
