Written Answers Nos. 485-501
485. Deputy Micheál Martin asked the Minister for Justice and Equality if he or his officials have concerns regarding the Judicial Appointments Commission Bill 2017; and if he has met or spoken with the Taoiseach on same. [15078/18]
View answerA significant number of amendments originating from opposition parties were made to the Bill as passed by the Select Committee on Justice and Equality. Many of the changes made at Committee Stage are a matter of concern because the Bill as amended has a large number of inconsistencies and anomalous provisions which make it unworkable from a practical point of view or unacceptable from a legal/constitutional point of view. One particular area of concern is a series of Committee Stage amendments which had the effect of removing the 'relevant committee' structure under the Commission, a mechanism to ensure membership on the part of all court Presidents in the selection of judges for their own courts. The removal of the relevant committees thus removed the presidents of the Circuit and District courts from membership of the new Commission processes.
I have briefed the Government in relation to these matters and secured Government approval to bring forward a number of Report Stage amendments accordingly. I am confident that they will repair the various deficiencies and enable the Bill to progress its passage through the Houses, with the benefit of positive cross-party engagement and cooperation.
It is also important to point out that the changes I am introducing should, having regard to the recent comments of the European Commission, have the effect of restoring a substantial judicial presence into the selection processes of the Judicial Appointments Commission.
486. Deputy Róisín Shortall asked the Minister for Justice and Equality the details of the findings of the recent counsel-led review of his Department; if he plans to publish this report; and the timeframe in which he will do so. [15083/18]
View answer604. Deputy Micheál Martin asked the Minister for Justice and Equality his views on the Collins report on the practices and procedures employed in his Department published on 27 March 2018. [16496/18]
View answerI propose to take Questions Nos. 486 and 604 together.
The report of the Independent Review of the response of the Department of Justice and Equality to requests for documents from the Disclosures Tribunal was published by the Taoiseach on 27 March 2018.
I want to again thank Michael Collins SC for undertaking this task, and for the comprehensive, efficient and professional way in which he carried out his review.
I welcome Mr. Collins’s central conclusion that there was no attempt by the Department of Justice and Equality to conceal information from the Tribunal in any way and that my predecessor and Department officials acted at all times in good faith and believed that they were acting reasonably in the manner in which they conducted searches for documentation. Mr. Collins also stated that he found no evidence of any failure to comply with Orders from the Tribunal.
I am of course concerned that emails of potential relevance to the Tribunal’s considerations were not located as part of the Department’s discovery process. My Department is putting new measures in place that are aimed at ensuring that an oversight of this kind could not happen in future. These plans are referred to and endorsed by Mr. Collins in his report. These new measures include the use of specialist IT consultants, where needed, for discovery and the establishment of a separate unit to interact with Tribunals and Commissions. There is a Civil-service wide initiative underway in relation to electronic file management and this will help to ensure that electronic documents, including emails, can more easily be associated with relevant files.
My full statement on the matter can be found on my Department's website, www.justice.ie.
487. Deputy Willie O'Dea asked the Minister for Justice and Equality when legislation will be introduced regarding parental leave; and if he will make a statement on the matter. [15267/18]
View answerAs the Deputy will be aware, the Programme for Partnership Government includes a commitment to increase paid parental leave during the first year of a child’s life, as research shows that parental care is of particular importance in the first year of life.
To further this commitment, the Government has established an interdepartmental working group to develop proposals to give effect to the programme commitments. The key objectives of this group are to:
- Develop options as to the duration of the leave, the age of the eligible child, and the level of payment to be offered;
- Determine the usefulness of adopting a phased approach;
- Estimate the likely costs arising; and
- Align any proposals as much as possible with a European Commission Proposal for a Directive on work-life balance for parents and carers which is currently under discussion at working group level under the Bulgarian Presidency of the EU.
The interdepartmental group is currently working on a policy approach and I expect it to report with its proposals towards the end of this month. Given that the interdepartmental working group is not due to present its proposals until later this month, the Deputy will appreciate that it would be premature at this juncture to advise on the precise timeframe for the proposed introduction of new parental leave legislation.
488. Deputy Sean Sherlock asked the Minister for Justice and Equality when it is planned to install self-scanning passport machines at the passport gate in Cork Airport to ease passenger congestion. [15588/18]
View answerA national framework contract for the supply and installation of Automatic Border Control 'eGates' at the Irish State's ports of entry was signed on 17 July 2017. The first phase of the project has seen the installation of 20 eGates at Dublin Airport (10 gates each in Terminal 1 and Terminal 2).
The eGates offer certain categories of arriving passengers (passport holders from the European Economic Area and Switzerland who are over 18 years of age and hold a modern, chipped passport) a "self-service" type channel to clear immigration control.
In their first four months of operation, over 1 million passengers have successfully used the eGates at Dublin Airport. The Irish Naturalisation and Immigration Service (INIS) aims to further improve the service and increase the numbers of passengers using this secure entry channel.
Under the contract, additional e-Gates may be installed at Dublin Airport and at other ports of entry, should it make operational and financial sense to do so. INIS will consider the feasibility of extending the programme to other ports of entry in future. This will be done in consultation with An Garda Síochána, who have responsibility for frontline immigration controls at airports and ports outside of Dublin Airport and with the relevant airport/port authority. These considerations will be based on examining a number of factors, such as passenger volumes, passenger profile and predicted eGate usage numbers at the proposed expansion locations.
489. Deputy John McGuinness asked the Minister for Justice and Equality the number of fatalities that have been recorded for hit and run road traffic accidents which occurred in the Mallow Garda district during the period 1985 to 2017. [15928/18]
View answer490. Deputy John McGuinness asked the Minister for Justice and Equality the individual breakdown of hit and run fatalities for each Garda sub-district in each of the years 1985 to 2017. [15929/18]
View answer491. Deputy John McGuinness asked the Minister for Justice and Equality the number of two or more fatalities for each hit and run accident in each of the years 1985 to 2017 for each Garda sub-district. [15930/18]
View answer493. Deputy John McGuinness asked the Minister for Justice and Equality the number of fatal hit and run accidents that remain outstanding and unresearched in terms of no individual being brought before the criminal courts for each Garda sub-district in each of the years 1984 to 2017. [15932/18]
View answerI propose to take Questions Nos. 489 to 491, inclusive, and 493 together.
I have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of a Garda report.
492. Deputy John McGuinness asked the Minister for Justice and Equality the number of successful criminal prosecutions for each Garda sub-district in regard to hit and run incidents in each of the years 1985 to 2017. [15931/18]
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 enquiries made and the Courts Service has advised that convictions are not recorded by Garda sub district but by Court Office. The Courts Service has further advised that it is not possible to provide the information regarding the number of convictions in relation to hit and run incidents in each of the years 1985 to 2017 in the time available and that the information, where available, will be forwarded to the Deputy as soon as it is to hand.
494. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of persons who have availed of bankruptcy each year since the change of the law in recent years to shorten the term of bankruptcy; and if he will make a statement on the matter. [15949/18]
View answerI am advised that the Insolvency Service of Ireland (ISI) has confirmed that the number of persons that have availed of bankruptcy each year since the new legislation was enacted in December 2013 is as follows:
|
Year |
Total |
|
2014 |
448 |
|
2015 |
479 |
|
2016 |
526 |
|
2017 |
473 |
In December 2013, the length of bankruptcy was reduced from 12 years to 3 years. The bankruptcy term was further reduced to one year under the Bankruptcy (Amendment) Act 2015, which took effect in early 2016.
In each of the years listed since changes in December 2013, the number of debtors petitioning for their own bankruptcy has been over 90% of the total for that year.
To give an indication of the scale of the effect of the legislative change in 2013, it might be noted that the number of persons declared bankrupt in 2013 was 58.
495. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of applications under the personal insolvency arrangements that have been completed each year since inception; the details of plans he has to make this option more attractive to those in arrears; and if he will make a statement on the matter. [15952/18]
View answerThe Personal Insolvency Act 2012 comprehensively reformed and updated Irish Personal Insolvency Law and brought Ireland in line with international best practice, by providing for a range of debt resolution options within a statutory framework which balances the rights of creditors and debtors.
The Personal Insolvency Arrangement (PIA) is a solution which enables agreed settlement of secured debt up to 3 million euro, (more if all secured creditors consent) and unsecured debt with no limit, with a duration of up to six years. A PIA is the insolvency solution most suited to a borrower in Mortgage Arrears on their family home. Under section 104 of the Personal Insolvency Acts, the personal insolvency practitioner (PIP) preparing a personal insolvency proposal has a duty, as far as reasonably practicable, to design it on terms which will not require the debtor to dispose of an interest in their principal private residence or to cease to occupy it. There are exceptions to this obligation only where the costs of remaining in the home are disproportionately large, taking account of all relevant matters, or where the debtor instructs the PIP in writing that he or she does not want to remain in the home.
To facilitate access to the PIA as an option for borrowers where repossession proceedings have been initiated, legislation was enacted in 2013, namely, the Land and Conveyancing Amendment Act, to specifically provide for an adjournment of a repossession court case in order to allow for a homeowner to apply for a PIA which would keep them in their home.
The section 115A court review process was introduced with effect from November 2015. Under this provision, where a creditor or creditors refuse a proposed personal insolvency arrangement which includes mortgage arrears on the debtor’s home, the Court can be asked to review the creditors’ refusal. Where the Court is satisfied that the proposal is overall fair and reasonable, it has power to impose it on the creditors. This effectively removes the so-called “Bank Veto”.
As the Deputy will be aware, the Insolvency Service of Ireland (ISI) publishes statistics relating to all available statutory personal insolvency solutions (including PIAs) on its website on a quarterly basis: therefore, the statistics sought by the Deputy are already published.
The following are the statistics requested.
Personal Insolvency Arrangements Approved by Year
|
Year |
PIA |
|
2013 |
0 |
|
2014 |
126 |
|
2015 |
619 |
|
2016 |
697 |
|
2017 |
733 |
|
Total |
2175 |
This total of 2175 personal insolvency arrangements approved includes PIAs that have been imposed by the Courts under the section 115A court review process.
A significant number of section 115A cases have been pending before the Courts, awaiting the High Court judgment in the Meeley, Taafe and Foye cases which was delivered on 5 February 2018. Effectively, many s. 115A cases were being adjourned before the Courts pending the outcome of two technical and procedural challenges brought by creditors, which were addressed by this judgment.
The Meeley judgment confirmed and developed earlier High Court decisions on the parties entitled to bring section 115A applications. It also confirmed and developed earlier High Court decisions which held that creditors are not entitled to seek their legal costs against a Personal Insolvency Practitioner (PIP) personally in a s. 115A application, save in 'highly exceptional' situations such as bad faith by the PIP concerned.
Subject to any possible appeal of the Meeley judgment, it is expected that these outstanding court review cases can now be resolved. The Insolvency Service of Ireland, which is a notice party to all s. 115A applications, indicates that some 560 such cases are currently pending before the courts. The ISI has stated that it expects the number of section 115A cases brought and decided to rise sharply during 2018.
In addition, my Department is currently finalising a review of Part 3 of the Personal Insolvency Acts, which includes reviewing the operation of personal insolvency arrangements. My officials have completed extensive work on the review, which included a public consultation launched last year. I expect to receive their report towards the end of May. In consultation with the Minister for Finance, I expect shortly afterwards to finalise a report to be laid before the Oireachtas, and to bring proposals to Government to address the review’s recommendations – including, subject to Government agreement, proposals for legislative change.
496. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when the fourth EU anti-money laundering directive will be transposed into legislation here; and if he will make a statement on the matter. [16036/18]
View answerThe draft Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2018, which will transpose most provisions of the Fourth Anti-Money Laundering Directive, has been under preparation in my Department in consultation with the Department of Finance and other relevant Departments and agencies. I intend to bring the Bill to Government for approval shortly and, subject to that approval, to publish the Bill by the end of this month. Further legislative changes will be required to transpose aspects of the Directive relating to providers of gambling services.
The Department of Finance has responsibility for the transposition of Articles 30 and 31 of the Directive, establishing central registers of beneficial ownership for corporates, other legal entities and trusts. These articles are being transposed by secondary legislation, and work on the required Statutory Instruments is currently well progressed. It should also be noted that the Fifth Anti-Money laundering Directive, which is expected to be published in the Official Journal in May, sets extended deadlines for the establishment of these central registers of beneficial ownership for companies and trusts (18-20 months respectively after 5AMLD enters into force).
497. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers convicted of an offence under section 38(5) of the Road Traffic Act 1961, as amended by the Road Traffic Act 2006, who received a penalty under the subsection, that is, for driving while disqualified; and if he will make a statement on the matter. [16041/18]
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, and this includes the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that it is not possible to provide the information requested in the time available and that the information, where available, will be forwarded to the Deputy as soon as it is to hand.
498. Deputy Micheál Martin asked the Minister for Justice and Equality if he has recently met persons (details supplied) in regard to the tragic death of their son. [16809/18]
View answerIn answer to the Deputy's question, I have not recently met the persons referred to in his question but I have met them in the past. I have immense sympathy for the family in this tragic case.
As the Deputy is aware, a number of complaints made to the Garda Síochána Ombudsman Commission by members of the family are the subject of investigation by GSOC.
I can inform the Deputy that GSOC has now completed its criminal investigation in the case and has provided a copy of the report to the family, the Garda Commissioner and to me as Minister. It is understood that GSOC will publish this report shortly.
499. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers who failed to surrender their licence and were summoned to court for the offence; the number of drivers who were convicted of the offence; the amount of the fines imposed by the court; the number of drivers who were summoned to court in 2017 for the offence of driving while disqualified: the number who were convicted; the penalty imposed in each case; and if he will make a statement on the matter. [15793/18]
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, and this includes the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that it is not possible to provide the information requested in the time available and that the information, where available, will be forwarded to the Deputy as soon as it is to hand.
A referred reply was forwarded to the Deputy under Standing Order 42A.
500. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of learner drivers who failed to surrender their licence and were summonsed to court; the number convicted; the penalties imposed; the number of learner drivers detected driving while disqualified; the number summonsed to court; the number of drivers convicted; the penalties imposed; and if he will make a statement on the matter. [15794/18]
View answerI have requested reports from An Garda Síochána and the Courts Service in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of these reports.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
501. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the status of an application by a person (details supplied); and if he will make a statement on the matter. [14986/18]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the person referred to by the Deputy currently has an application pending for residency in the State, since 8 September 2017, arising from his marriage to an Irish national. Applications of this type, in fairness to all other such applicants, are dealt with in chronological order and currently take 12 months to process.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
