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Tuesday, 4 Dec 2018

Written Answers Nos. 250-271

Prisoner Transfers

Questions (250)

Charlie McConalogue

Question:

250. Deputy Charlie McConalogue asked the Minister for Justice and Equality if his Department is accepting applications for repatriation of prisoners who are serving prison sentences abroad to Ireland; his plans to amend legislation which governs the decisions on applications regarding repatriation; and if he will make a statement on the matter. [50559/18]

View answer

Written answers

As the Deputy will be aware, the Transfer of Sentenced Persons Acts 1995 to 1997 give effect to the Convention on the Transfer of Sentenced Persons 1983. The Deputy will also be aware that there have been a number of recent Court judgements which have implications for transferring prisoners from other States to Ireland. These judgements raised a number of complex issues about the legislation and its administration, indicating that legislative change is required.

My Department is at present finalising a draft scheme of a Bill to bring forward such changes. This draft scheme will be brought to Government as soon as possible

The Convention recognises that international co-operation in criminal law should further the ends of justice and social rehabilitation of prisoners and that this may be best achieved by having them transferred to serve their sentences in their own countries. The Minister of the day has discretion under the Transfer of Persons Acts to decide whether to consent to any such transfer.

A number of factors, including the Supreme Court Judgment in the case of O'Farrell, McDonald, Rafferty -v-The Governor of Portlaoise Prison, have implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland.

That judgment found against the State and raised a number of complex issues about the legislation itself and its administration.

Furthermore, the Court of Appeal decision in the case M.McK v The Minister for Justice and Equality [2016] IEHC 208, has clarified that the Minister should ultimately consider each application on its own merits and give detailed reasoning for the decision reached.

The judgment also concludes that the Minister cannot fail to implement legislation through prolonged inactivity of a statutory scheme such as the Transfer of Sentenced Persons Acts. As the Deputy is aware, following the judgment, all existing applications have been reactivated and will be re-considered on their own merits.

I am informed by the Irish Prison Service that there are currently 27 cases with 8 being processed from applicants from outside the UK jurisdiction. Each case is at a different stage of the application process and all cases require the collation of a number of reports, e.g. Garda Reports and Probation Service Reports, some of which are still outstanding in a number of these cases.

Prisoner Transfers

Questions (251)

James Browne

Question:

251. Deputy James Browne asked the Minister for Justice and Equality further to Parliamentary Question No. 292 of 27 November 2018, the way in which Brexit will affect the repatriation of prisoners here; and if he will make a statement on the matter. [50560/18]

View answer

Written answers

The mechanism for the repatriation of prisoners from the UK to this jurisdiction is the 1983 Council of Europe Convention on the Transfer of Sentenced Persons, which is given effect by the Transfer of Sentenced Persons Acts 1995 to 1997. Applications for the transfer of prisoners from the UK to this jurisdiction will continue to be processed through this mechanism.

Criminal Prosecutions Data

Questions (252)

Fiona O'Loughlin

Question:

252. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of illegal moneylenders who have been prosecuted in the past ten years; and if he will make a statement on the matter. [50639/18]

View answer

Written answers

The Deputy will appreciate that decisions in relation to prosecutions are a matter for the independent Office of the Director of Public Prosecutions (DPP) and my Department has no role in this regard.

I regret that I do not have the information the Deputy is seeking, however I would encourage her to contact that Office directly, as it may be able to assist her with her query.

Criminal Injuries Compensation Tribunal Data

Questions (253, 254)

Seán Fleming

Question:

253. Deputy Sean Fleming asked the Minister for Justice and Equality the date of each meeting of the Criminal Injuries Compensation Tribunal since 1 January 2016 to 2017 and to date in 2018; and if he will make a statement on the matter. [50682/18]

View answer

Seán Fleming

Question:

254. Deputy Sean Fleming asked the Minister for Justice and Equality the number of cases with the Criminal Injuries Compensation Tribunal at the end of December 2017; and if he will make a statement on the matter. [50684/18]

View answer

Written answers

I propose to take Questions Nos. 253 and 254 together.

The Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted and the Scheme of Compensation for Personal Injuries Criminally Inflicted on Prison Officers.

The Criminal Injuries Compensation Tribunal comprises of a Chairperson and six Ordinary Members. Tribunal members, who are practising barrister and practising solicitors in the Courts system, provide their services on a part time basis to the Tribunal. Each application for compensation is considered at first instance by a Single Member of the Tribunal, based on papers submitted. A person who is dissatisfied with a decision given by one Member may appeal and have his/her claim heard de novo before three Members of the Tribunal. The member who gave the initial decision will not be one of the Tribunal members present at the appeal hearing. Dates for appeal hearings are set on the basis of availability of Tribunal members, appellants and/or their legal representatives, and are set out in the following table.

Year

Date of Hearing

2016

5 and 6 April

21 November

5 and 6 December

2017

9 and 10 January

23 and 24 January

6 and 7 February

20 and 21 February

6 and 7 March

20 and 21 March

3, 4 April

25 April

8 and 9 May

22 and 23 May

13 and 16 June

27 June

12 September

25 and 26 September

9 and 10 October

13 October

23 and 24 October

7 November

2018

23 and 24 April

28 and 29 May

11 and 12 June

9 July

5 and 6 November

19 and 20 November

3 December

The Tribunal's next appeal hearing date is scheduled for 10 December, 2018.

Details of the number of applications received by the Tribunal and the number of cases in which payments were made are provided as follows for the general Scheme of Compensation for Personal Injuries Inflicted.

Year

No. of Applications Received

No. of Cases in which Payments Made

2013

228

105

2014

257

75

2015

217

159

2016

210

73

2017

181

31

I can inform the Deputy more generally that I have requested an assessment of the caseload of the Tribunal and have asked my officials to examine this assessment and seek the views of the Criminal Injuries Compensation Tribunal in this regard.

In view of the length of time since the Scheme was last revised, my Department has submitted a request for a review of the Scheme to the Law Reform Commission (LRC) for consideration in the context of its Programme of Law Reform.

Furthermore, in view of a number of large value awards in the current year, I can inform the Deputy that I have obtained approval for an increased allocation of €2.4m, for 2018, as part of a Supplementary Estimate for the Vote which will bring the total compensation allocation to €6.416m.

Garda Station Opening Hours

Questions (255)

Seán Fleming

Question:

255. Deputy Sean Fleming asked the Minister for Justice and Equality further to Parliamentary Question No. 472 of 7 September 2018, when a reply will issue; and if he will make a statement on the matter. [50691/18]

View answer

Written answers

As the Deputy will appreciate, it is the Garda Commissioner who is primarily responsible for the effective and efficient use of resources available to An Garda Síochána. The Commissioner is also responsible for all operational matters such as the opening hours of Garda stations, taking into account crime trends and policing priorities. As Minister, I have no role in relation to that matter.

The Deputy will appreciate that it has been necessary for the Department to request the relevant information from the Garda Commissioner so as to respond to his question. I understand that a response will issue to the Deputy as soon as possible.

Question No. 256 answered with Question No. 224.

Community Alert Programme

Questions (257)

Kevin O'Keeffe

Question:

257. Deputy Kevin O'Keeffe asked the Minister for Justice and Equality if a specific scheme (details supplied) will be reviewed with a view to providing the scheme free of charge to all communities, including the removal of the initial set-up charges. [50759/18]

View answer

Written answers

As the Deputy will be aware, the Garda Text Alert Scheme, which was developed with the support of Muintir na Tíre, Neighbourhood Watch and the Irish Farmers Association, was introduced in September 2013. The scheme provides an additional and effective method for Gardaí to distribute crime prevention information and advice. There are in the region of 200,000 text messages sent under the scheme each month.

At the Ploughing Championships in September, I announced that €150,000 would be made available for local communities in 2018 towards the cost of running the Scheme.

I approved €100,00 in funding for these groups in September 2017, which was also announced at that year's Ploughing Championships. This was topped up in December 2017 by a further €50,000. In the end, requests for amounts totalling €125,000 (out of the €150,000 available) were received from Muintir na Tíre and paid out to 441 groups in respect of the full year 2017.

A payment of between €200-€350 was made to each group in 2017 to offset the costs incurred by these local groups, where this spend could be supported with documentation. It has been open to groups who have incurred expenditure related to the scheme to provide supporting documentation to Muintir na Tíre and to seek payment and that remains the case for 2018.

The Garda authorities indicate that Text Alert has been a highly effective crime prevention initiative since it was launched in 2013. The proposed rebate scheme, which was developed after consultation with the Garda authorities and detailed discussions with Muintir na Tíre, provides a tangible recognition by the Minister of the considerable voluntary effort which goes into Text Alert and similar community-based schemes and it is in keeping with a commitment in the Programme for Government.

In addition to the text alert scheme, I should also mention that, for many years, my Department has supported community crime prevention by providing funding for the Community Alert programme, which is operated by Muintir na Tíre in partnership with the Garda authorities. My Department does not provide direct funding to local groups, but funding is provided in relation to the employment and associated costs of the national service, including regional Development Officers. The long-standing view has been that this is the best use of the resources available to my Department to support effective community crime prevention actions.

Garda Deployment

Questions (258)

Jim O'Callaghan

Question:

258. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if there are still sworn gardaí and sergeants performing administrative tasks that could otherwise be carried out by a suitably qualified civilian, thus freeing up gardaí for more operational roles in view of the recent comments by a person (details supplied); when these administrative roles will be completely performed by civilians; and if he will make a statement on the matter. [50819/18]

View answer

Written answers

As the Deputy will be appreciate, it is the Garda Commissioner who has responsibility to carry on and manage and control generally the administration and business of An Garda Síochána, including by arranging for the recruitment, training and appointment of its members and civilian staff.

The Deputy will be aware that the Government's vision is for a Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. The projected 4,000 civilians represents a medium-term target of 20% of the Garda full-time workforce comprised of civilians. This target will be achieved through a twin-track approach of firstly, a “civilian by default” policy in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant and, secondly, the redeployment of Gardaí to policing roles where their skills can be used to best effect, with the backfilling of these roles by suitably qualified civilians, where necessary.

Progress is being made in relation to civilianisation. Since the beginning of 2017 approximately 330 new civilian posts have been sanctioned by the Policing Authority with the consent of my Department and the Department of Public Expenditure and Reform. The bulk of these were to address critical skills gaps and capacity issues with a proportion sanctioned to make a start on the redeployment of Gardaí to policing duties.

I am informed by the Garda Commissioner that as of 3 December, approximately 365 civilians have been recruited to An Garda Síochána in 2018. Some of these civilian staff were recruited to backfill existing vacancies, some were to facilitate the redeployment of Gardaí to frontline duties and others were to fill newly created civilian posts to fill skills gaps across the organisation.

Work is also continuing on an overall redeployment plan and I am informed by Garda management that as of 3 December, almost 200 Gardaí have been reassigned to operational duties and it is expected that the target for 2018 of 250 redeployments will be achieved by year end. That is an additional 250 Gardaí on the front-line in 2018 over and above those being recruited under the Government's accelerated recruitment programme. Now that redeployments are happening, I expect that the momentum will increase and that 2019 will see greater numbers of sworn members moving from administrative work to the front-line.

This is very much in line with the Report of the Commission for the Future of Policing in Ireland which recommends the return of Gardaí to the front line to deliver visible policing. Later this month, I will bring my substantive response to the Report and a High Level Implementation Plan to Government, for approval. The twin issues of redeployment and civilianisation will be prioritised in the High Level Implementation Plan.

The Third Interim Report of the Disclosures Tribunal suggested a series of obligations as the duty of police personnel. Among these is an obligation on Gardaí to be visible within the communities they serve. I am confident that the continuing increase in Garda numbers towards 15,000, the planned increases in the Garda Reserve and the redeployment of Gardaí to the front-line, will together result in increased Garda visibility in our communities.

Closed-Circuit Television Systems

Questions (259)

Niamh Smyth

Question:

259. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of CCTV schemes that have been approved for funding since the scheme commenced; if all local authorities are now signed up to the scheme; the counties in which these schemes are located in tabular form; and if he will make a statement on the matter. [50859/18]

View answer

Written answers

The Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.

Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

- be approved by the local Joint Policing Committee,

- have the authorisation of the Garda Commissioner, and

- have the prior support of the relevant local authority, which must also act as data controller.

This is the legal basis for all community CCTV schemes, regardless of how they are funded.

As the Deputy is aware, the Programme for a Partnership Government commits to supporting investment in CCTV systems. In furtherance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Eligible groups, including community groups and local authorities, can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.

There have to date been 27 applications to the scheme. 20 applications have been approved, involving approved grants totalling more than €500,000. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.

For the Deputy’s information, the location of the CCTV schemes which have been approved for funding to date is as follows:

County

No. of Approved Schemes

Leitrim

1

Limerick

14

Sligo

1

Wexford

3

Wicklow

1

The Deputy enquired in relation to the role of local authorities. As set out above, under the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006, any proposed community CCTV scheme must have the prior support of the relevant local authority, which must also act as data controller.

In accordance with this legal framework, the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant-aid scheme administered by my Department, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.

The Deputy may also wish to be aware that on 29 November this year the Data Protection Commissioner’s Office issued a note (available on its website www.dataprotection.ie) confirming that there is a legal basis for community based CCTV and that the General Data Protection Regulation does not introduce new barriers in that regard. In particular, the Data Protection Commission confirmed that: “Data protection legislation does not stand in the way of the roll-out of Community based CCTV schemes that have been authorised by the Garda Commissioner. Once the local authority in the administrative area concerned is willing to take on and deliver on its responsibilities as a data controller for the schemes concerned, there is no legal impediment under data protection legislation to the scheme commencing.”

The Data Protection Commissioner's Office is currently conducting an audit of the practice, operation and governance of CCTV as part of a wider inquiry into surveillance through the use of technologies for law enforcement purposes. We expect the findings from the CCTV module of this process to be of assistance to all concerned and in particular to local authorities.

My Department is also engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, to clarify any queries arising and to assist in resolving any concerns.

This is the case as I am keen to ensure that all interested groups, in both rural and urban areas, have the opportunity to take advantage of the availability of the grant aid scheme. If the Deputy is aware of groups wishing to avail of the scheme, full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups to apply for this funding through a dedicated email address communitycctv@justice.ie.

Gambling Legislation

Questions (260)

Jack Chambers

Question:

260. Deputy Jack Chambers asked the Minister for Justice and Equality the status of the Gambling Control Bill 2018 review; and if he will make a statement on the matter. [50882/18]

View answer

Written answers

I note this question relates to the current review of the General Scheme of the Gambling Control Bill 2013. I am happy to update the Deputy on developments in this regard.

The Deputy will be aware that the Government granted permission to review the 2013 General Scheme by way of Decision of 10 January 2018.

To advance this review, I chaired an Inter-Departmental Working Group on Gambling, comprising all stakeholder Departments and the Office of the Attorney General. The Group met on 5 occasions between February and June of this year and reviewed all of the provisions of the 2013 Scheme.

The Group in its deliberations had particular regard to the Government's preference for the establishment of an independent regulatory authority as set out in its Decision of 10 January 2018. The Group is currently finalising its Report, which I hope to bring to Government for consideration as soon as possible.

The Deputy may also wish to note that the Gaming and Lotteries (Amendment) Bill is currently being drafted by the Office of the Parliamentary Counsel. This is an interim reform measure, which I hope will be published before the end of the current Oireachtas session or early in the next Session. The amendments proposed under this Bill address certain deficiencies with regard to the conduct of activities regulated under the Gaming and Lotteries Act 1956, and provide for the modernisation of that Act by way of, among other matters, updating stake and prize limits and standardising the minimum gambling age at 18.

Bench Warrants

Questions (261)

Jim O'Callaghan

Question:

261. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of bench warrants issued in each of the years 2013 to 2017 and to date in 2018; the number of those which remain unexecuted in tabular form; and if he will make a statement on the matter. [50885/18]

View answer

Written answers

I am advised that approximately 35,000 warrants (bench, committal and penal) are issued each year by the Courts Service.

I have previously been informed that, during the period May 2017 to June 2018, An Garda Síochána executed over 22,000 warrants, with 56% executed within 90 days. With respect to the remaining detailed information sought by the Deputy, I have requested this information from the Garda authorities and I will contact the Deputy directly when this information is to hand.

Garda Resources

Questions (262)

Brendan Smith

Question:

262. Deputy Brendan Smith asked the Minister for Justice and Equality if consideration will be given to the establishment of the Garda dog unit on a regional basis in view of the importance of this unit in the search for drugs and related crimes; and if he will make a statement on the matter. [50901/18]

View answer

Written answers

The Deputy will appreciate the provision and allocation of resources for An Garda Síochána is a matter for the Garda Commissioner. As Minister, I have no direct role in the matter.

I have been advised by the Garda authorities that the Garda Dog Unit is based at Kilmainham Garda Station, in the Dublin Metropolitan Region (DMR) and has a national remit. I am pleased to confirm that dog units have also been established in the Southern Region based at Togher Garda Station, Cork, and Henry Street Garda Station, Limerick.

I understand that facilities for a regional dog unit have also been included in the Western Region Garda Headquarters, Galway although no Garda dogs are currently based there.

I am informed that there are currently 25 dogs attached to the Garda Dog Unit, comprising general purpose (search), drugs and explosive detection dogs. Of these 20 dogs are located in the DMR, 2 in Cork and 3 in Limerick.

Telecommunications Infrastructure

Questions (263, 264)

Mattie McGrath

Question:

263. Deputy Mattie McGrath asked the Minister for Justice and Equality if security services here have assessed the threat to State security Chinese firms (details supplied) pose; if he has sought the advice of security services in other EU member states, the Unites States of America, Australia or Canada regarding same; and if he will make a statement on the matter. [50938/18]

View answer

Mattie McGrath

Question:

264. Deputy Mattie McGrath asked the Minister for Justice and Equality his views on whether Chinese technology companies (details supplied) pose a threat to State security; if so, the work that has been done to mitigate this risk; and if he will make a statement on the matter. [50939/18]

View answer

Written answers

I propose to take Questions Nos. 263 and 264 together.

The Deputy will appreciate that policy in respect of telecommunications is a matter for my colleague the Minister for Communications, Climate Action and Environment.

I should emphasise that the telecommunications network operators and service providers operate here in a fully liberalised market and are regulated by the Commission for Communications Regulation (ComReg), which is statutorily independent in the exercise of its functions (as provided for in Section 11 of the Communications Regulations Act 2002 (No 20/2002).

In addition, it should be noted that the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), sets out, inter alia, the requirements on operators with regard to the security and integrity of their networks, and ComReg is responsible for ensuring compliance with these provisions.

I can assure the Deputy that the security of the State and the people is a matter of the highest priority for the Government. It would not be in the public interest to detail the measures that are taken by our authorities in this area. What I can say is that considerable resources are deployed by the Garda authorities, supported by the skills and expertise of the Defence Forces, in combating threats to our security. The authorities here work very closely on an on-going basis with their international counterparts in identifying and managing any threats arising.

Travel Documents

Questions (265)

Brendan Ryan

Question:

265. Deputy Brendan Ryan asked the Minister for Justice and Equality further to Parliamentary Question No. 294 of 27 November 2018, if temporary travel documentation will be granted to allow the person travel to Brussels to claim the person's passport (details supplied); and if he will make a statement on the matter. [50954/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position in the State of the person concerned is as set out in my Reply to the Deputy's earlier Parliamentary Question, No. 294 of Tuesday 27 November 2018. That reply is copied beneath.

In terms of the request that a Temporary Travel Document might be issued to the person concerned to facilitate travel outside the State, the fact is that there would be little point in having the person concerned make an application for a Temporary Travel Document without their first having a right of residence in the State as any such application made would almost inevitably be refused. Therefore, the person concerned should await the outcome of their application for renewal of their permission to remain before any other steps would be taken. I am advised that a decision on that application will be made in the coming weeks.

Reply to PQ No. 294 of 27 November 2018:

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for the renewal of their permission to remain which expired on 9 February 2018. I am also advised that the process of having this application completed has been complicated, and delayed, by the continuing failure of the person concerned to provide definitive, reliable, documentary evidence to attest to their identity and nationality.

I am further advised that once the relevant personnel in the INIS have satisfied themselves as to the identity and nationality of the person concerned, detailed consideration can be given to their application for renewal of permission to remain.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Court Orders

Questions (266)

Thomas P. Broughan

Question:

266. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 155 of 9 October 2018, the reason for discrepancies between the numbers of drivers disqualified in court in each of the years 2016, 2017 and up to the end of September 2018 and the figures supplied by the Road Safety Authority (details supplied); if he is requesting an examination into the difference between the figures; the correct figures for same; and if he will make a statement on the matter. [50962/18]

View answer

Written answers

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, 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 the statistics provided in response to Parliamentary Question No. 155 of 9 October 2018 accurately represent court imposed disqualifications. I can inform the Deputy that I have asked my Department to enquire further into the discrepancies that the Deputy refers to, and I will revert to him in the matter as soon as I have the relevant information to hand.

Departmental Funding

Questions (267)

Catherine Murphy

Question:

267. Deputy Catherine Murphy asked the Minister for Business, Enterprise and Innovation the amount of funding or grant aid her Department has made to an association (details supplied) from 1 January 2008 to 2017 and to date in 2018; the purpose for which the funding or grant aid was released to the association; if the way in which the funding or grant aid is used is audited; and if she will make a statement on the matter. [50059/18]

View answer

Written answers

I can confirm that my Department has not provided any funding or grant aid to the Football Association of Ireland from 1 January 2008 to date in 2018

Unified Patent Court

Questions (268)

Billy Kelleher

Question:

268. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the timeframe for holding a referendum on the implementation of the unified patent court; the impact Brexit will have on the implementation of same; if the agreement will require renegotiation; and if she will make a statement on the matter. [50085/18]

View answer

Written answers

The Programme for a Partnership Government referred to the holding of a number of referenda, including one on Ireland’s participation in the International Agreement on a Unified Patent Court (UPC). The timing of holding referenda is a matter for Government.

To come into effect, the UPC Agreement must be ratified by a minimum of 13 participating States, which must include France, Germany and the UK. To date 16 Member States, including France and the UK, have completed their ratification processes.

However, German ratification is delayed pending the outcome of a constitutional challenge.

The UK ratified the UPC Agreement earlier this year and signalled its intention to participate in the Court post-Brexit. However, at this stage such participation is uncertain.

A decision on the holding of a referendum cannot be made until there is greater clarity on the position regarding Germany and the UK.

Departmental Contracts Data

Questions (269)

Barry Cowen

Question:

269. Deputy Barry Cowen asked the Minister for Business, Enterprise and Innovation the external consultant reports commissioned by her Department in each of the years March 2011 to 2017 and to date in 2018; the cost of same; the company involved; and the title and publication date by report in tabular form. [50089/18]

View answer

Written answers

My Department considers hiring external consultants in cases where there is not the necessary expertise to deliver the project in-house, in cases where an external assessment is deemed essential, or in cases where a project must be completed within a short time scale, and although the expertise or experience may be available in-house, performing the task would involve a prohibitive opportunity cost.

My Department complies with the Department of Public Expenditure and Reform's guidelines for engagements of consultants by the civil service, having regard to public procurement guidelines.

Details of external consultant reports commissioned by my Department from March 2011 to date are set out at the link.

Tables

Proposed Legislation

Questions (270)

Fiona O'Loughlin

Question:

270. Deputy Fiona O'Loughlin asked the Minister for Business, Enterprise and Innovation the status of the proposed legislation to tackle the issue of expiration dates on gift vouchers; and if she will make a statement on the matter. [50179/18]

View answer

Written answers

On 12 June 2018, the Government approved the drafting of the Unfair Contract Terms (Gift Vouchers) Bill 2018. The Bill provides, first, that gift vouchers must be valid for a minimum term of five years and, secondly, that the Minister for Business, Enterprise and Innovation, would have power to set fees for the issue and replacement of gift vouchers and for inactive balances on gift vouchers (commonly referred to as dormancy or maintenance fees).

Officials of my Department are currently working on the text of the Bill with the Office of the Parliamentary Counsel with a view to finalising the drafting in the coming weeks.

Public Sector Staff Data

Questions (271)

Brendan Griffin

Question:

271. Deputy Brendan Griffin asked the Minister for Business, Enterprise and Innovation the percentage of persons employed with verifying disabilities in the public sector by county in tabular form; if further opportunities will be made available; and if she will make a statement on the matter. [50230/18]

View answer

Written answers

My Department does not have responsibility for public sector recruitment/employment and does not have access to the statistical information requested by the Deputy.

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