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Wednesday, 3 May 2023

Written Answers Nos. 258-277

Community Employment Schemes

Questions (258)

John McGuinness

Question:

258. Deputy John McGuinness asked the Minister for Social Protection if a person (details supplied) will be assigned a place on a community employment scheme arising from a successful interview and formal notification that they had been successful. [20715/23]

View answer

Written answers

The aim of the Community Employment (CE) programme is to enhance the employability of disadvantaged and long-term unemployed people by providing work experience and training opportunities for them within their local communities on a temporary fixed term basis. The programme aims to improve a person’s opportunities to return to employment.

Those who are unemployed and in receipt of an eligible payment for 12 months or more may be eligible to participate on CE.

The individual concerned attended for interview with a sponsor, but as part of the eligibility verification process it was found that he was not in receipt of a qualifying payment for 12 months or more and therefore he is currently ineligible currently to participate in CE.

The individual concerned will be 12 months in receipt of a qualifying payment on the 02/09/2023 and will be eligible to part take in CE from this date assuming he continues to meet the qualifying criteria.

My officials have spoken to the sponsor concerned and they would encourage the individual to reapply for a CE position with them when he is eligible.

I trust this clarifies the matter for the Deputy.

Departmental Reviews

Questions (259)

Aindrias Moynihan

Question:

259. Deputy Aindrias Moynihan asked the Minister for Social Protection if she will provide an update on her Department’s review report in respect of the expansion of the free travel scheme to people with epilepsy; and if she will make a statement on the matter. [20755/23]

View answer

Written answers

The Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme.  There are over one million customers with direct eligibility.  The estimated expenditure on free travel in 2023 is €95 million.

It is important to note that, in general, access to a free travel pass for those aged under 66 is a secondary benefit linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carer’s Allowance, Blind Pension and Partial Capacity Benefit.  As many illnesses or physical conditions have an impact ranging from mild to severe, entitlement to these social welfare schemes is not provided on the basis of a diagnosis but on the basis of the impact of that diagnosis on the individual concerned and in the case of Disability and Carer's Allowance to an assessment of their means.  In this way, resources can be targeted to people in most need.

I am aware of an ongoing campaign by Epilepsy Ireland.  I fully recognise the issues and difficulties that can arise due to a person being diagnosed with epilepsy and who is unable to drive as a result of their condition. 

I have met with representatives of Epilepsy Ireland to discuss its proposal in detail and following the meeting I asked my Department officials to examine the issues raised in relation to access to the Free Travel scheme. 

As previously advised to the Deputy, I am awaiting a report from my officials on the issues raised by Epilepsy Ireland.  I expect to receive the report shortly and will carefully consider its contents and any recommendations that it may contain.  

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (260)

Robert Troy

Question:

260. Deputy Robert Troy asked the Minister for Social Protection if she will expedite an application for carer's allowance on behalf of a person (details supplied). [20763/23]

View answer

Written answers

Carers Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

An application for Carers Allowance (CA) was received from the person concerned on 2 August 2022.

Additional information in relation to the person’s application was requested by a Deciding Officer on 3 August 2022.

As the person concerned failed to supply the information requested, the claim was disallowed and the person concerned was notified on 23 January 2023 of this decision, the reason for it and of the right of review and appeal.

Following a review of the decision above, Carers Allowance (CA) was awarded to the person concerned on 28 April 2023, with effect from 26 May 2022 and the first payment will issue to their nominated bank account on 11 May 2023.

Arrears for the period 26 May 2022 to 10 May 2023 will issue shortly.

The person concerned was notified on 28 April 2022 of this decision, the reason for it and of their right of review and appeal.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (261)

Jennifer Murnane O'Connor

Question:

261. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection the reason a person (details supplied) is being asked to repay a welfare payment; and if she will make a statement on the matter. [20854/23]

View answer

Written answers

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

According to the Department’s records, the person concerned was out of the State for the periods from 8 March 2019 to 2 June 2019, 8 June 2019 to 10 October 2019 and 17 December 2019 to 26 December 2019.

It was decided that they had no entitlement to DA for the periods from 27 March 2019 to 4 June 2019, 12 June 2019 to 15 October 2019 and 18 December 2019 to 31 December 2019 as the person in question, was out of the State. An overpayment of DA was assessed against this individual for these periods.

They were notified in writing of this decision and of their right to request a review and/or to appeal the decision on 23 January 2020. The person concerned has been repaying this debt through weekly deductions from his Disability Allowance payment.

I trust this clarifies the matter for the Deputy.

International Protection

Questions (262, 263)

Gino Kenny

Question:

262. Deputy Gino Kenny asked the Minister for Justice the measures his Department is putting in place to assist those seeking international protection from Sudan, considering the current political conflict. [20400/23]

View answer

Gino Kenny

Question:

263. Deputy Gino Kenny asked the Minister for Justice if he will allow Sudanese nationals and non-EU nationals currently at risk or in danger in Sudan under the current political conflict, who have family members that are Irish citizens, to have access to apply immediately for reunification to enter Ireland. [20401/23]

View answer

Written answers

I propose to take Questions Nos. 262 and 263 together.

I am aware of the grave humanitarian crisis in Sudan and I can assure the Deputy that all current immigration avenues remain open for new applications, including visa and family reunification applications. The Department of Justice will process any new applications received speedily and sympathetically. The Departments of Justice and Foreign Affairs are also working closely with all EU member states to ensure a coherent EU response to events in Sudan.

Processing of international protection applications in Ireland from Sudanese nationals is already prioritised by the International Protection Office, in accordance with the approach to prioritisation of cases agreed with UNHCR Ireland. The examination of an application takes full account of whether a person will be in danger if not provided with an international protection status or a permission to remain here.

Furthermore, under the the International Protection Act 2015, Sudanese nationals can apply for family reunification under the International Protection Act 2015 if they have been granted a declaration as a Convention Refugee, are a beneficiary of Subsidiary Protection or if they have been granted Programme Refugee status.

Question No. 263 answered with Question No. 262.

Legislative Reviews

Questions (264)

Patrick Costello

Question:

264. Deputy Patrick Costello asked the Minister for Justice if he will provide an update on the programme for Government commitment to review the Multi-Unit Developments Act 2011; and if he will make a statement on the matter. [20410/23]

View answer

Written answers

The Multi-Unit Developments Act 2011 was enacted with the primary purpose of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments. 

The Programme for Government contains a commitment by Government to conduct a review of the existing management company legislation, to ensure that it is fit for purpose and that it acts in the best interests of residents. 

Housing for All - a New Housing Plan for Ireland is the Government’s housing plan to 2030. It includes support for effective management and oversight of multi-unit developments, by legislating for necessary changes.  

The Housing for All plan provides for Regulations to be made:

• under section 18, subsection 17 of the  Multi-Unit Developments Act 2011 (‘the MUDs Act’) to ensure that OMCs are financially sustainable; and

• under section 18, subsection 19 of the MUDs Act, to ensure that OMCs provide for expenditure of a non-recurring nature (i.e. ‘sinking fund’ expenditure) 

Subsection 17 of section 18 of the Multi-Unit Developments Act 2011 provides that the Minister may make regulations prescribing the class or classes of items of expenditure which may be the subject of annual service charges; the procedures to be followed in setting such charges; the matters to be taken into account in the setting of such charges; and arrangements for the levying and payment of such charges. 

Subsection 9 of section 19 of the MUD Act provides that the Minister may make regulations in relation to sinking funds, prescribing the class(es) of expenditure that may be incurred by a sinking fund, the procedures to be followed in setting contributions to it, the matters to be taken into account in setting such contributions, and the thresholds of expenditure which would necessitate approval by the members of the OMC. 

In regard to both the review of the Act and the making of regulations, my Department works in close co-operation with the Department of Housing, Local Government and Heritage, and is guided by it in relation to overall housing policy. My Department is engaging with the Department of Housing, Local Government, and Heritage in relation to the review and the drafting of the Regulations concerned.

Residency Permits

Questions (265)

Jackie Cahill

Question:

265. Deputy Jackie Cahill asked the Minister for Justice if he will provide an update on the status of an application (details supplied); and if he will make a statement on the matter. [20214/23]

View answer

Written answers

The application for the person referred to by the Deputy was received by the Undocumented Unit of my Department on 08 March 2022 and continues to be processed. Due to the large number of applications on hand it is not possible to provide a definitive timeframe for a decision to issue.

The processing times of applications will vary depending on the complexity of the application, whether it is a single or family application, the supporting documentation and the vetting process with An Garda Síochána (AGS). Applications where there is an existing deportation order will require additional processing. 

Each application received is assessed individually in accordance with the published criteria, available on my Department's immigration website at: www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Legislative Measures

Questions (266)

Eoin Ó Broin

Question:

266. Deputy Eoin Ó Broin asked the Minister for Justice if the proposed legislation for the regulation of the gambling industry contains provision for holding companies to account in the event that they make unsolicited contact with previous patrons who experienced problem gambling; if so, what that provision is; and, if not, if a route for resolution for these occurrences will be considered in light of the traumatic impact they have on individuals. [20216/23]

View answer

Written answers

As the Deputy will be aware, the Gambling Regulation Bill 2022 was published on 2 December 2022. The Bill sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.

The Bill completed Second Stage in the Dáil on Tuesday, 6 December 2022 and my Department is currently preparing amendments to the Bill for Committee Stage which is expected to take place in the coming months.

Section 44 of the Bill provides for the establishment and operation of the National Gambling Exclusion Register. The Register will allow persons to register with the Authority to exclude themselves from gambling online with licensees. A person may exclude themselves from specific gambling activities, with specific licensees, or with all licensees for a specific or indefinite period of time. During their exclusionary period, a person shall be prevented from participating in gambling as per the specified terms of their exclusion, access to their account will be prohibited and any moneys held by a licensee must be refunded to that person within 7 days of entry on the Register.

Section 45 of the Bill prohibits licensees from –

• allowing a person on the Register to gamble

• accepting a payment for gambling from a person on the Register, or

• communicating with a person on the Register in a manner that would encourage that person to gamble or that promotes gambling

A licensee that breaches such a prohibition shall be guilty of an offence and liable on conviction to up to 5 years imprisonment, a fine, or to both.

The Bill also contains restrictions on the advertisement of gambling activities.  Aside from a 5:30 am to 9pm ban on advertising on television, radio or an on-demand audio-visual media service, it also prohibits persons from advertising, or causing another person to advertise, a relevant gambling activity on an on-demand audio-visual media service or by any other means of electronic communication (including on a video-sharing platform, a social media website, by telephone, text message or email) to another person, unless that person has consented to such advertising.

Legislative Measures

Questions (267)

Jim O'Callaghan

Question:

267. Deputy Jim O'Callaghan asked the Minister for Justice whether he has consulted with county registrars in respect of the proposed amendment to section 35 of the Court Officers Act 1936 which is currently contained in section 96 of the Courts and Civil Law (Miscellaneous Provisions) Bill 2022; and if he will make a statement on the matter. [20218/23]

View answer

Written answers

The Courts and Civil Law (Miscellaneous Provisions) Bill 2022, introduces important legislative reforms across a number of areas. It is part of a suite of measures the Department of Justice continues to introduce to improve access to justice and modernise the Courts system.

Section 96 provides for an amendment which outlines the circumstances in which a county registrar will cease to hold office and the circumstances in which Government may remove a county registrar from office. It also outlines the process for giving notice and an opportunity for a county registrar to respond before a decision is made.

This amendment, which was subject to legal advice from the Office of the Attorney General, seeks to ensure that a sufficiently clear, robust and fair legal process is in place for the removal of a county registrar from office and is in-line with similar modernised provisions for quasi-judicial roles.

Officials within my department engaged with the Courts Service and the County Registrars Association about this amendment on a number of occasions.

Legal Aid

Questions (268)

Catherine Murphy

Question:

268. Deputy Catherine Murphy asked the Minister for Justice if he will provide a breakdown of the amount of criminal legal aid that has been paid out to solicitors in respect of their assignment to a client by the most paid (details supplied); and the amount paid to each of the top ten recipients in fees, by each solicitor and-or company name that received the fees in 2020, 2021, 2022 and to date in 2023, in tabular form. [20249/23]

View answer

Written answers

I can inform the Deputy, that Criminal legal services are provided by private solicitors who have notified the relevant Court of their availability to undertake criminal legal aid work.  The courts, through the judiciary, are responsible for the granting of legal aid on application by the defence in court. My Department has no role in the granting of legal aid or in the appointment of solicitors to a case. The Criminal Justice (Legal Aid) Act 1962 gives expression to the Constitutional right that free legal aid must be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings.

As per Regulation 4 of the Criminal Justice (Legal Aid) Regulations 1965 (S. I. No. 12 of 1965), each County Registrar maintains a list of tax compliant solicitors who are willing to act in that county for those to whom certificates for free legal aid are granted.

My Department is responsible for the payment of fees and expenses to the legal practitioners.

The total amount of fees paid to solicitors for the years requested are laid out in Table 1 and the top 10 recipient firms are listed in Table 2

Table 1: Fees paid to solicitors for criminal legal aid work

Amount Paid

 

Year

2020

34,217,662

2021

40,280,587

2022

41,474,735

2023 (to end of March)

10,737,053

Table 2: Fees paid to Top 10 Solicitors

SOLICITOR

 

2020

MICHAEL  HENNESSY

638,843.02

TONY COLLIER

468,623.60

JOHN M. QUINN

460,871.08

MICHAEL FRENCH

447,237.37

JOHN O'DOHERTY

423,098.16

AONGHUS MC CARTHY

414,203.85

SARAH RYAN

391,153.51

YVONNE BAMBURY

382,238.75

TRACY HORAN SOLR

367,922.47

KENNETH CUNNINGHAM

359,400.24

 

 

2021

JOHN M. QUINN

746,012.70

MICHAEL  HENNESSY

683,602.88

AONGHUS MC CARTHY

591,304.65

TRACY HORAN SOLR

474,700.00

FRANK A. BUTTIMER

467,171.73

KENNETH CUNNINGHAM

448,687.95

SANDRA FRAYNE

445,174.65

YVONNE BAMBURY.

430,492.95

RONALD J. LYNAM

424,851.30

JOHN O'DOHERTY

415,695.38

 

 

2022

JOHN M. QUINN

€664,247.77

MICHAEL  HENNESSY

€652,736.64

WAYNE KENNY

€626,510.56

AONGHUS MC CARTHY

€602,162.73

KENNETH CUNNINGHAM

€545,556.10

CAHIR O HIGGINS

€502,238.54

YVONNE BAMBURY.

€502,238.54

JOHN O'DOHERTY

€457,775.11

SARAH RYAN

€435,603.53

FRANK A. BUTTIMER

€435,476.78

 

 

The breakdown of the top ten earning solicitors is not available for 2023.

Legal Aid

Questions (269)

Catherine Murphy

Question:

269. Deputy Catherine Murphy asked the Minister for Justice if he will provide a breakdown of the amounts paid to private practitioners by year in 2020, 2021, 2022 and to date in 2023, in tabular form, indicating the amount paid to each of the top ten recipients of fees, by the practitioner name and fees in those years (details supplied). [20250/23]

View answer

Written answers

The Legal Aid Board (the Board) provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2021. The Board, which is statutorily independent, delivers these services through directly employed solicitors in its network of law centres around the country and private solicitors from its private practitioner panels.

The Board has established a number of solicitor panels for different case types. Solicitors in private practice agree to be members of those panels and are paid fees per case depending on the terms and conditions of each panel.

Schedules A-E set out in tabular format the ten firms of solicitors who have, in total over the period 1st January 2021 to 25th April 2023, been paid the highest total amount of fees in respect of each panel, and with a breakdown of that amount into fees paid during 2021, 2022, and from 1st January to 25thApril 2023.  Please note that the Assisted Decision Making Panel was established on 26th April 2023 and therefore no payments were made in respect of this Panel during the period concerned.

Schedule A – Ten highest earning payees under the District Court Family Law Solicitors Panel

Private Practitioners – District Court Private Family Law

2021

Supplier

Sandra McAleer

268,020

John A O'Leary & Co. Solicitors

50,056

John Battles & Co

44,959

KOD Lyons Solicitors

39,109

Kevin Tunney & Co

37,206

Flanagan Lavery Solicitors

33,333

Morrissey & Co. Solicitors

31,487

Diane Hallahan

30,668

Thomasina Connell & Co

28,012

Gerard J. Meehan & Co. Solicitors

25,542

Private Practitioners – District Court Private Family Law

2022

Supplier

Sandra McAleer

289,887

John Battles & Co

56,475

Gerard J. Meehan & Co. Solicitors

46,992

Kevin Tunney & Co

45,435

Thomasina Connell & Co

44,382

KOD Lyons Solicitors

41,317

Flanagan Lavery Solicitors

39,485

John A O'Leary & Co. Solicitors

36,668

Shannons Solicitors

36,466

Sweeney McGann Solicitors

30,744

Private Practitioners – District Court Private Family Law

To End Feb. 2023

Supplier

Sandra McAleer

55,006

John A O'Leary & Co. Solicitors

10,418

Johnston Solicitors

7,501

John Battles & Co

7,086

Morrissey Minchin Solicitors

6,877

Denis J Keane Solicitor

6,357

Shannons Solicitors

6,044

P Tiernan & Co

5,941

Buckley Law Solicitors

5,937

Flanagan Lavery Solicitors

5,731

 

Schedule B – Ten highest earning payees under the Abhaile Solicitors Panel

Abhaile

 

Private Practitioner Consultation Solicitor

2021

Supplier

Catherine Allison & Co

8,733

Louisa C. McKeon & Company Solicitors

8,610

Alan McGee & Co Solicitors

7,995

Kayanne Horgan Solicitors

6,664

Anthony Joyce & Co

4,603

Emma Coffey Solicitors

3,978

McMahon O'Brien Tynan Solicitors

3,378

Stafford & Company Solicitors

3,075

Browne Legal Solicitors

2,763

Byrne & O'Sullivan Solicitors

2,153

Abhaile

 

Private Practitioner Consultation Solicitor

2022

Supplier

Alan McGee & Co Solicitors

21,525.00

Molloy Murphy

16,297.50

Anthony Joyce & Co

9,532.50

Catherine Allison & Co

8,917.50

Kayanne Horgan Solicitors

5,227.50

Nigel D Allen & Co

4,182.00

Browne Legal Solicitors

2,460.00

Louisa C. McKeon & Company Solicitors

2,460.00

Kieran O'Gorman

2,460.00

Barrett & Co Solicitors

2,152.50

Abhaile

 

Private Practitioner Consultation Solicitor

To end-Feb. 2023

Supplier

Anthony Joyce & Co

1,538

Cashin Clancy Solicitors

923

Browne Legal Solicitors

615

Larkin Tynan Nohilly

615

Nigel D Allen & Co

554

Barrett & Co Solicitors

308

Eamonn Bennett

308

Byrne & O'Sullivan Solicitors

308

Canny Corbett Solicitors

308

Liam R Fitzgerald

308

Abhaile

 

Private Practitioner Personal Insolvency Arrangement Review

2021

Supplier

Anthony Joyce & Co

374,529

Hanlon & Company Solicitors

204,077

Alan McGee & Co Solcitors

147,376

Elizabeth Howard & Co Solicitors

119,202

Carley & Associates Solicitors

110,155

Catherine Allison & Co

91,284

Louisa C. McKeon & Company Solicitors

87,027

Kayanne Horgan Solicitors

55,672

Gibson & Associates Solicitors

43,076

Holohan Solicitors

22,085

Abhaile

 

Private Practitioner Personal Insolvency Arrangement Review

2022

Supplier

Anthony Joyce & Co

429,023

Catherine Allison & Co

128,652

Alan McGee & Co Solicitors

92,336

Louisa C. McKeon & Company Solicitors

72,511

Gibson & Associates Solicitors

67,847

Carley & Associates Solicitors

51,136

Hanlon & Company Solicitors

36,980

Ashtown Gate Solicitors

35,092

Kayanne Horgan Solicitors

27,226

Brady Kilroy Solicitors

11,359

Abhaile

 

Private Practitioner Personal Insolvency Arrangement Review

To end-Feb. 2023

Supplier

Anthony Joyce & Co

31,210

Louisa C. McKeon & Company Solicitors

17,411

Hanlon & Company Solicitors

14,723

Kayanne Horgan Solicitors

14,139

Carley & Associates Solicitors

6,076

Catherine Allison & Co

5,258

Schedule C – Ten highest earning payees under the International Protection Solicitors Panel

International Protection – Private Practitioner District

2021

International Protection – Private Practitioner District

2021

Supplier

James Watters & Company

100,712

Siobhan Conlon 

55,401

Hegarty-Blacklock & Company Solicitors 

46,768

Burns Kelly Corrigan Solicitors 

45,822

KOD Lyons Solicitors 

43,347

Conor O'Briain 

41,867

Seamus O'Halloran 

36,174

Mannix & Co Solicitors 

35,011

Cristina Stamatescu Solicitors 

33,635

Cyril & Co Solicitors 

30,012

International Protection – Private Practitioner District

2022

International Protection – Private Practitioner District

2022

Supplier

James Watters & Company 

172,046

Hegarty-Blacklock & Company Solicitors 

153,947

Siobhan Conlon 

94,753

Cyril & Co Solicitors 

88,714

Trayers & Company Solicitors 

86,223

Cristina Stamatescu Solicitors

73,751

KOD Lyons Solicitors 

70,264

Ferrys Solicitors 

64,261

Niall J Walsh 

61,309

Hugh McCabe Solicitors 

50,344

International Protection - Private Practitioner District

To end-Feb. 2023

International Protection - Private Practitioner District

To end-Feb. 2023

Supplier

Ferrys Solicitors 

73,597

Hegarty-Blacklock & Company Solicitors 

55,830

Burns Kelly Corrigan Solicitors 

40,529

James Watters & Company 

34,858

KOD Lyons Solicitors 

25,941

Daly Khurshid Solicitors LLP 

24,551

Niall J Walsh 

17,466

Daly Lynch Crowe & Morris LLP 

13,739

Cyril & Co Solicitors 

13,721

Siobhan Conlon 

13,395

Schedule D – Ten highest earning payees under the Circuit Court Judicial Separation and Divorce Solicitors Panel

Private Practitioners - Circuit Court

2021

Private Practitioners - Circuit Court

2021

Supplier

John A. Sinnott & Company 

4,663

Eugene G Smartt & Company 

4,529

Peter Doyle Solicitors 

4,165

Dunne Law Solicitors - Siobhan Dunne 

4,165

Margaret Horan & Co 

4,165

Rachel O'Toole 

4,165

John J Quinn & Company 

4,165

Karen M O' Neill & Co 

2,082

David J. O'Meara & Son 

520

Burns Nowlan LLP 

417

Private Practitioners - Circuit Court

2022

Private Practitioners - Circuit Court

2022

Supplier

Colm Burke & Company 

17,023

Margaret Horan & Co 

16,659

Rachel O'Toole 

15,119

Eugene G Smartt & Company 

14,577

Eamonn Bennett 

10,932

John A. Sinnott & Company 

9,483

Conor Bass Solicitors 

8,330

Thomas Coughlan & Co Solicitors 

8,330

Margaret MacEvilly 

8,330

Hegarty & Co. Solicitors 

7,288

Private Practitioners - Circuit Court

To end-Feb. 2023

Private Practitioners - Circuit Court

To end-Feb. 2023

Supplier

Fidelma T Bane

4,893

Margaret Horan & Co

4,165

Rachel O'Toole

4,165

Schedule E– Ten highest earning payees under the Child Care Pilot Panel & Public Law Child Care Solicitors Panel (combined), 1 st  January 2021 – 25 th April 2023

Private Practitioners - Childcare Private Practitioners District

2021

Private Practitioners - Childcare Private Practitioners District

2021

Supplier

Pól Ó'Murchú 

113,501

KOD Lyons Solicitors 

57,134

Jeremiah Breen 

15,437

David Henry & Co. Solicitors 

10,701

Murphy Coady & Company 

7,503

P A Dorrian & Co 

7,442

Coyle & Co Solicitors 

5,843

Dunne Law Solicitors - Siobhan Dunne 

5,289

Gallagher Brennan Solicitors 

3,523

Daly Lynch Crowe & Morris LLP 

3,260

Private Practitioners - Childcare Private Practitioner District

2022

Private Practitioners - Childcare Private Practitioner District

2022

Supplier

Pól Ó'Murchú 

80,134.50

KOD Lyons Solicitors 

32,533.50

McGrath & Associates 

15,190.50

Gallagher Brennan Solicitors 

12,607.50

P A Dorrian & Co 

11,562.00

McIntyre O'Brien 

6,334.50

McCoy Solicitors 

4,735.50

Kieran O'Gorman 

4,674.00

James Watters & Company 

1,968.00

Stafford Legal Solicitors 

1,783.50

Private Practitioners - Childcare Private Practioner District

To end-Feb. 2023

Private Practitioners - Childcare Private Practioner District

To end-Feb. 2023

Supplier

Pól Ó'Murchú

6,765

P A Dorrian & Co

5,289

Michael O'Connor Solicitors

2,153

Jeremiah Breen

984

Note: The Child Care Pilot Panel came to an end except for the conclusion of existing cases on 1 October 2022 and was replaced by the Public Law Child Care Solicitors Panel.

Deportation Orders

Questions (270)

Bernard Durkan

Question:

270. Deputy Bernard J. Durkan asked the Minister for Justice the process to be followed by a person (details supplied); and if he will make a statement on the matter. [20270/23]

View answer

Written answers

The person referred to has made a request to have their deportation order revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). This request was received on the 9 March 2023 and will be considered as soon as it is possible to do so.

The decision to ensue from the consideration of this request will be that the existing deportation orders will be either ‘affirmed’ or ‘revoked’. Once this decision has been made, it will be notified to the person concerned in writing.

It should be noted that this request is amongst many to be considered at present and, as such, at this point in time, it is not possible to provide a specific indication as to when this case will be finalised. However, the person concerned can be assured that there will be no avoidable delay in having their case brought to finality.

Naturalisation Applications

Questions (271)

Bernard Durkan

Question:

271. Deputy Bernard J. Durkan asked the Minister for Justice if applications for naturalisation have been submitted in the case of persons (details supplied); and if he will make a statement on the matter. [20272/23]

View answer

Written answers

There is no record of the applications referred to by the Deputy, being received by my Department. However there is a small batch of applications that are yet to be registered and I am assured that these will be dealt with shortly. If the Deputy wishes to provide the postal tracking reference number and the date of posting of the applications via my Department's Oireachtas mail facility, I will arrange for a further search of the applications on hand and provide a further response to the Deputy.

When an application for a certificate of naturalisation is received by the Citizenship Division of my Department, they are subject to an initial check and examination.

On completion of the initial checks, my Department will assign an application number and issue an acknowledgment to the address given at the time of making the application.

I am deeply conscious of how important the granting of naturalisation is to those who apply for it and my Department has continued to accept and process citizenship applications throughout the pandemic and during all levels of public health restrictions.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eTax clearance, eVetting and online payments. The end result of the digitisation process will be to free up more staff to focus on processing applications in a timely and efficient manner, to improve service to our customers and reduce waiting times.

In early 2023, a registration unit was established within Citizenship Division to ensure applications are registered and acknowledged promptly. In 2022 it took on average seven months for this part of the process to be completed. Under the new system it has been reduced to a matter of weeks. 

These measures are designed to give certainty to customers that their applications have been received and have begun to be processed. However, I can assure you that all naturalisation applications will be processed based upon the date that they are received and not based on when they are registered. Applications for naturalisation are dealt with in chronological order.

Regulatory Impact Assessments

Questions (272)

Martin Kenny

Question:

272. Deputy Martin Kenny asked the Minister for Justice if a regulatory impact analysis will be conducted on the sale of alcohol Bill 2022; and if he will make a statement on the matter. [20276/23]

View answer

Written answers

It is current practice to complete a regulatory impact assessment as legislation is being prepared. Officials in my Department are currently conducting a regulatory impact analysis on the Sale of Alcohol Bill 2022 which will be published in due course.

Legislative Measures

Questions (273)

Martin Kenny

Question:

273. Deputy Martin Kenny asked the Minister for Justice if he is considering carrying out a public health assessment on the sale of alcohol Bill 2022, as recommended by the Oireachtas Joint Committee on Justice in its pre-legislative scrutiny report of the Bill; and if he will make a statement on the matter. [20277/23]

View answer

Written answers

The Department of Justice has engaged in an extensive consultation process with representative bodies in the licensed trade, businesses, public health bodies and advocacy groups, consumers and communities in relation to the proposed legislation in question.  A public consultation, including an online survey and a request for submissions, ran from November 2021 until January 2022. More than 5,000 responses were received, including many responses from  various health bodies.

In addition, a webinar and panel discussion event was held on 10th March 2022. The consultation process demonstrated that there is a strong demand for reform and modernisation of the law in this area. We are making sure the reform of this legislation takes account of, and is informed by, this engagement. 

As part of the overall process, the Department of Justice continues to engage with the Department of Health on the development of the Bill and will fully consider its assessment of the health implications.

Departmental Meetings

Questions (274)

Catherine Murphy

Question:

274. Deputy Catherine Murphy asked the Minister for Justice if he will provide a schedule of meetings he and his predecessors have had with the chief constable of the PSNI and ministerial equivalent in 2019, 2020, 2021, 2022 and to date in 2023 [20282/23]

View answer

Written answers

I am pleased to inform the Deputy that there is excellent ongoing cross-Border co-operation with counterparts in Northern Ireland on relevant justice matters.  There has been regular contact between my predecessors as Minster for Justice and the Minister for Justice in the Northern Ireland Executive.

There is also excellent ongoing cross border co-operation between our respective Departments on a range of issues as well as between An Garda Síochána and the Police Service of Northern Ireland and other agencies with their counterparts.  Notwithstanding the current absence of a functioning Executive, my officials continue to work closely with officials in the Northern Ireland Department of Justice to progress matters of mutual interest.

The information requested by the Deputy is detailed in tabular form below.

Minister McEntee

Date

Details

19/10/2022

Minister Naomi Long - Intergovernmental Agreement (IGA) meeting

02/02/2022

Minister Naomi Long - Intergovernmental Agreement (IGA) meeting 

02/12/2020

Meeting of Justice Ministers, Garda Commissioner & Chief Constable Simon Byrne

27/11/2020

Minister Naomi Long - Intergovernmental Agreement (IGA) meeting 

21/07/2020

Phone call with Minister Naomi Long

Minister Humphreys

Date

Details

26/05/2021

Minister Naomi Long - Intergovernmental Agreement (IGA) meeting 

05/05/2021

Meeting with Minister Naomi Long

Minister Flanagan

Date

Details

30/04/2020

Phone call with Minister Naomi Long

20/06/2019

Meeting with Chief Constable George Hamilton

An Garda Síochána

Questions (275)

Catherine Murphy

Question:

275. Deputy Catherine Murphy asked the Minister for Justice the number of PSNI police officers seconded to An Garda Síochána in the past five years, to date; the number of Garda officers seconded to the PSNI in the same period; and if he will provide the rank of each officer seconded in either direction. [20284/23]

View answer

Written answers

Regrettably, the information sought by the Deputy is still awaited from the Garda authorities.  I will contact the Deputy directly once the information is to hand.

The following deferred reply was received under Standing Order 51:
As you will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am advised by the Garda authorities that since 2018 a total of 12 personnel from An Garda Síochána have participated in the Patten Exchange to the Police Service of Northern Ireland (PSNI). I am further informed that 11 PSNI personnel have also participated in the exchange during the same period.
The table below which was provided to me by the Garda authorities sets out these personnel by rank/grade.

Year

AGS to PSNI

PSNI to AGS

2018 - 2022

1 Inspector 4 Sergeants 6 Gardaí 1 EO

2 Inspector 1 Sergeant 6 Constables 2 ICT grades

Total To Date

12

11

I trust this information is of assistance.

An Garda Síochána

Questions (276)

Catherine Murphy

Question:

276. Deputy Catherine Murphy asked the Minister for Justice the plans to provide for PSNI police officers to transfer into An Garda Síochána on a full-time basis at rank and file, sergeant level and inspector level. [20285/23]

View answer

Written answers

Section 52 of the Garda Síochána Act 2005 (as amended) provides for the direct recruitment, by way of competition, of members of the Police Service of Northern Ireland (PSNI) into An Garda Síochána at certain senior levels, i.e. Superintendent, Chief Superintendent and Assistant Commissioner. 

Under the proposed Policing, Security and Community Safety Bill, section 50 deals with the appointment of persons to, and the suspension of persons from, ranks below the rank of Chief Superintendent, capturing the ranks of Garda, Sergeant and Inspector referred to by the Deputy.

This section provides that the Garda Commissioner may appoint, in accordance with regulations, persons to any rank below the rank of Chief Superintendent. The broad nature of this provision is intended to facilitate, through regulations, the implementation of a number of recommendations contained in the CoFPI report. These relate to direct entry routes into An Garda Síochána, at appropriate levels, for suitable candidates with experience from outside of the policing sphere or with relevant policing experience in other jurisdictions. In relation to the Deputy’s question, this would include members of the Police Service of Northern Ireland.

An Garda Síochána

Questions (277)

Catherine Murphy

Question:

277. Deputy Catherine Murphy asked the Minister for Justice the number of instances in which An Garda Síochána has made requests to him and-or his predecessors to join PSNI counterparts on operations in Northern Ireland in the past five years to date. [20286/23]

View answer

Written answers

I understand the Deputy's question to relate to cooperation between the An Garda Síochána and the Police Service of Northern Ireland (PSNI) in policing matters. As the Deputy will be aware there is very close, ongoing cooperation between An Garda Síochána and the PSNI in a range of policing activities. Every day police to police cooperation is operational in nature. The Garda Commissioner is responsible under the law for the management of An Garda Síochána, including operational matters and the deployment of resources. As Minister, I have no responsibility for these matters.

The strong ongoing cooperation between An Garda Síochána and the PSNI is  further underpinned by a joint Cross Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. It covers the range of policing activities and contains a series of initiatives in which both police services are actively engaged.

The cross-border Joint Agency Task Force (JATF) was established under the 2015 Fresh Start Agreement to bring a concerted and enhanced effort to tackle cross-jurisdictional organised crime. The Task Force is led by senior officers from An Garda Síochána, Revenue, the PSNI and HM Revenue and Customs. The Criminal Assets Bureau and the National Crime Agency are also involved as needed in operational activity. Officers from An Garda Síochána and the PSNI have highlighted the practical value in the continuing excellent level of co-operation and operational activity between the agencies in tackling drug crime, rural crime, financial crime, trafficking in human beings including children, excise fraud and organised immigration crime.  

The JATF reports are produced and published twice yearly. The most recent report was received in December 2022 and covered the period April to September 2022. It highlighted a number of specific joint operational successes in the areas of combatting drug trafficking, people trafficking, rural crime, organised immigration crime, excise fraud and fraud/economic crime.

I am assured by Garda authorities that the long established and close working relationship with the PSNI remains central in enabling the two services to work more effectively together in tackling crime and promoting community safety for all communities on this island.

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