Written Answers Nos. 336-355
336. Deputy John Lahart asked the Minister for Justice if it is legal for management companies, which takes ownership of a substantial amount of apartments in an apartment complex that, that a management company then has the majority vote when it comes to increasing the management fee on the owner/occupiers in the remaining part of the apartment complex; and if she will make a statement on the matter. [44115/23]
View answerThe Multi-Unit Developments Act 2011 (MUDs Act), reformed the law relating to the ownership and management of common areas of multi-unit developments, and aims to facilitate the fair, efficient and effective management of Owner Management Companies (OMCs).
The MUDs Act includes provisions relating to:
• the voting rights of apartment owners in decisions taken by the OMC;
• the power of a court to revise those voting rights, if satisfied that this would be ‘in the interests of justice’; and
• the setting of the annual service charge payable by apartment owners in a MUD
In general, ownership of a unit, for example an apartment, in a multi-unit development means that the owner(s) of that apartment are considered as a member of the owners’ management company in the development and are entitled to a vote in respect of its decisions, including on the fixing of service charges. Section 14.1 of the MUDs Act states that “in the determination of any matter by the members of the [owners’ management company] one vote shall attach to each residential unit in the multi-unit development to which the owners’ management company relates, and …no other person has voting rights in respect of such determination”. This means there is one vote for each unit, regardless of the number of owners of that unit. Section 14.2 adds that each such vote shall be of equal value.
Despite the general rule stated above under point 1), the MUDs Act also provides for exceptions in the interests of fairness. Under section 25(1), ‘any member of [the] owners’ management company’ may apply to the Circuit Court for a court order to alter the voting rights of members in the OMC. The Court can make such an order, under section 24(6), if it is satisfied:
‘that the structure of the voting rights of members in an owners’ management company is not established on a fair and equitable basis, …[and ] that it is necessary in the interests of justice to do so …’ . The Act also provides for mediation in such a dispute.
Under section 18 of the MUDs Act, the proposed annual service charge has to be approved by the OMC members at a general meeting. The proposed service charge amount can be amended by a vote of 60 per cent of those present and voting at the meeting. Where the estimated service charge for the coming year is disapproved by at least 75% of those present and voting, the proposed service charge will not be levied, and the previous year’s charge will continue to apply until a new service charge for the coming year is approved.
In relation to annual service charges, the owner of each unit in a multi-unit development is obliged to pay all service charges levied.
337. Deputy Catherine Murphy asked the Minister for Justice the number of GoSafe speed camera vehicles at present. [43458/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the enforcement of road traffic legislation. The Commissioner is also responsible for procurement and related contract management. As Minister, I have no role in such matters. I am advised however by Garda authorities that, as of 25 September, there were 54 vehicles in the GoSafe fleet.
I recently announced an extra €1.2 million is to be allocated towards GoSafe, which will provide an extra 1,500 hours of monitoring every month until the end of the year. This brings the total number of monitoring hours to 9,000 hours per month.
The role of the Safety Camera Contract is critical in the context of road traffic enforcement, improving road safety by changing driver behaviour. This is in order to reduce road traffic fatalities and serious injuries by reducing the incidence of drivers exceeding stipulated speed limits, in circumstances where speeding is known to be a significant factor behind serious collisions. As such, the deployment of safety cameras is determined by road safety considerations as opposed to revenue maximisation.
Under the current contract, GoSafe provides an annual minimum of 90,000 hours of monitoring and surveying vehicle speed across 1,363 speed camera zones nationally. Details of the location of each of these zones is publicly available on the Garda website at the following link: www.garda.ie/en/roads-policing/safety-cameras/
338. Deputy Paul Murphy asked the Minister for Justice if, in relation to officers in the Irish Prison Service who is compelled to leave their role at the age of 60 years, she is aware that nothing is put in place to enable persons in this position to move to another role within other areas of the civil or public service without having to start at the entry-level, ignoring relevant experience gained in their role as officers in the Irish Prison Service; if she will ensure a seamless transition into appropriate roles for these officers; and if she will make a statement on the matter. [43512/23]
View answerThe Deputy will appreciate that it is the Department of Public Expenditure, NDP Delivery and Reform (DPENDR), rather than my Department, which has overall responsibility for public service terms and conditions of employment.
I can inform the Deputy that the retiring age of 60 years for prison officers to whom the Superannuation (Prison Officers) Act, 1919 applies is set out at section 8(1)(a) of the Civil Service Regulation Act, 1956 (as amended).
Upon exiting the Irish Prison Service, the Prison Service has no role in the future employment of a departed staff member. The Commission for Public Service Appointments was established on 19 October 2004 under the Public Service Management (Recruitment and Appointments) Act, 2004 and it is the principal regulator of recruitment and selection in the Irish public service and civil service.
Any retired Civil or Public Servant under 70 who applies for any recruitment competition held under the auspices of the Public Appointments Service, and is successful in obtaining employment as a result of such a competition, may apply under the terms of the appropriate circular, (D/PER Circular 08/2019) to be considered for incremental credit on commencement of their new role.
339. Deputy Michael Ring asked the Minister for Justice the number of people currently awaiting a decision on their visa appeals (details supplied); and if she will make a statement on the matter. [43522/23]
View answer340. Deputy Michael Ring asked the Minister for Justice the reason it is taking so long for people to get visas to travel into the State; the number of people currently waiting for a visa to be approved or waiting for an visa appeal to be finalised; and if she will make a statement on the matter. [43523/23]
View answerI propose to take Questions Nos. 339 and 340 together.
I can inform the Deputy that over 134,000 visa applications have been received this year. As of 29 September 2023, there are 19,695 applications awaiting a decision at first instance. These figures represent all applications made in the Visa Offices overseas, the Immigration Service Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs which process certain visa applications under delegated sanction from my Department.
As of 29 September 2023, there are 3,473 visa applications awaiting a decision at appeal stage.
In relation to the specific visa office referred to in your query, there are currently 23 applications at appeal stage with that office. The table below shows the breakdown of these applications
|
Visa Type |
Number of applications |
|
Visit |
14 |
|
Study |
4 |
|
Join Family |
3 |
|
EU Treaty Rights |
2 |
The central concern, as with all visa services worldwide, in deciding on visa applications and visa appeals, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who meet the criteria. Each visa and appeal application is therefore decided on its own merits taking all relevant factors into account.
The processing time for visas is determined by a number of factors, such as the volumes and complexity of applications, peak application periods and the resources available. While every effort is made to process such applications as quickly as possible, processing times inevitably vary as a result of these factors.
341. Deputy Michael Fitzmaurice asked the Minister for Justice the number of staff suffering from long-Covid who have had their employment terminated by her Department (details supplied); and if she will make a statement on the matter. [43526/23]
View answerI have not been able to collate the information in the time required, I will revert to the Deputy when the information is available.
342. Deputy Pa Daly asked the Minister for Justice the engagements she has had with the Department of Health in relation to proposed amendments to the licensing laws; if a health assessment for the Sale of Alcohol Bill 2022 has been carried out; and if she will make a statement on the matter. [43527/23]
View answerThe 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 10 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.
343. Deputy Richard O'Donoghue asked the Minister for Justice if discussions are planned to restore FEMPI cuts to the fees of legal aid service providers, including solicitors; and if she will make a statement on the matter. [43535/23]
View answer346. Deputy Cian O'Callaghan asked the Minister for Justice if progress has been made by his Department and the Department of Justice in relation to the withdrawal of services of an organisation (details supplied); if he will engage directly with the organisation on this issue; and if she will make a statement on the matter. [43616/23]
View answer364. Deputy Ged Nash asked the Minister for Justice her views on a matter (details supplied; and if she will make a statement on the matter. [43802/23]
View answer373. Deputy Niamh Smyth asked the Minister for Justice to review correspondence (details supplied); and if she will make a statement on the matter. [44024/23]
View answerI propose to take Questions Nos. 343, 346, 364 and 373 together.
I fully recognise the important role played by barristers and solicitors in the administration of criminal justice – both in the context of working to defend those accused and working with the Office of the Director of Public Prosecutions in respect of prosecutions.
I can assure the Deputy that the issue of criminal legal aid fees has been a priority for my Department and I am pleased to have secured funding of €9m to make progress in increasing the fees payable to legal professionals for criminal legal aid by 10% in early 2024. In conjunction with the increase in fees, the intention is to build on the strengths of the criminal legal aid scheme while addressing any issues relating to how it is structured.
Engagement will now begin with the legal professions for the purpose of working together to identify reforms to the fees, including automation of payments, which will support improved efficiency and governance in the administration of the scheme, and chart a path to greater transparency and fairness in the level of fees paid under criminal legal aid.
These are necessary reforms which will further support the reforms being introduced in the Criminal Legal Aid Bill.
344. Deputy Ivana Bacik asked the Minister for Justice if the Irish Prison Service owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant, in tabular form. [43596/23]
View answerI can advise the Deputy that the Irish Prison Service has two sites currently not in use, namely Thornton Hall, Kilsallaghan, Co. Dublin and the former Cork Prison site located at Rathmore Road, Cork City.
The Deputy will be aware that the site at Thornton Hall was purchased by the State in 2005 for a new prison development that did not proceed at the time. The site of the former Cork Prison, is not currently in use as a prison following the opening of new facilities adjacent to that location in 2016.
The Irish Prison Service retains a strong strategic interest in both sites for the possible future expansion of the prison estate.
The entry of a site onto a vacant property register is a matter for the local authority who may do so following an assessment of the site and I am advised by my officials that neither site referenced above is currently recorded on the vacant property register of the relevant local authority.
345. Deputy Ivana Bacik asked the Minister for Justice if An Garda Síochána owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers. [43597/23]
View answerI have sought the information requested by the Deputy from An Garda Síochána, and will revert to the Deputy again when this is to hand.
347. Deputy Darren O'Rourke asked the Minister for Justice the number of asset profilers based in the Meath Garda division as of 3 October 2023; and if she will provide the corresponding figures as of 1 April 2021, in tabular form. [43646/23]
View answerThe Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.
The Bureau has staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and my Department.
Divisional Asset Profilers are trained by the Criminal Assets Bureau, and tasked with continuously providing a criminal asset profiling service in each Garda Division. These profilers are the eyes and ears of the Bureau, as they cover every Garda Division, and have first-hand knowledge of criminality in their geographic locations. The Divisional Asset Profiler Network provides the Bureau with an increased reach to all areas throughout the country.
I am informed by the Criminal Assets Bureau that at the 3 October 2023 there were 27 Asset Profilers assigned to the Meath/Westmeath Division. This represents an increase of 23% since the beginning of April 2021 when there were 22 Asset Profilers assigned to the Meath/Westmeath Division. I have been advised that these figures are operational and may be subject to change.
348. Deputy Darren O'Rourke asked the Minister for Justice the number of unmarked Garda mountain bikes in the fleet. [43647/23]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of Garda business, which includes all decisions about Garda equipment. As Minister I play no role in these independent functions, and have no role in the issuance of contracts for purchase of Garda equipment, which are governed by standard Government procurement guidelines.
I have been advised by Garda management that, as of 18 August, there are 556 mountain bikes issued nationally for use by Garda members engaged in bike patrols. I am further advised that there are no unmarked Garda mountain bikes in the Garda Fleet, and there are no plans currently to have unmarked mountain bikes in the fleet.
I am further advised that An Garda Síochána intends to tender for additional mountain bikes for the service later this year, with a view to accepting delivery of new bikes in early 2024.
349. Deputy Carol Nolan asked the Minister for Justice if she is aware whether there have been any prosecutions brought between 2019 to date in 2023 of an entry way to a premises being blocked by participants involved in a public pro-life assembly; if so, to provide details on such events; and if she will make a statement on the matter. [43680/23]
View answerManagement of the courts are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and the separation of powers in the Constitution. The Minister has no role in the provision of information from the Courts Service, including information about the numbers of persons prosecuted for any specific offences.
The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie. To be of assistance to the Deputy, I have referred this question directly to the Courts Service for answer.
350. Deputy Bernard J. Durkan asked the Minister for Justice if an invitation to a citizenship ceremony can reissue to a person (details supplied); and if she will make a statement on the matter. [43688/23]
View answerThe person referred to by the Deputy was issued with an invitation to attend the recent Citizenship Ceremonies.
I am advised that the person has been in contact with Citizenship Division of my Department and their contact details has been amended and they will receive an invitation to the next Citizenship Ceremony which will take place later this year.
Further information on Citizenship Ceremonies is available on my Department’s website here: www.irishimmigration.ie/how-to-become-a-citizen/citizenship-ceremonies/
351. Deputy Bernard J. Durkan asked the Minister for Justice the steps being taken to finalise an application for citizenship in the case of a person (details supplied); when it is expected that the application will be finalised given, that they applied two years ago; if any outstanding matters on this application remain to be addressed; and if she will make a statement on the matter. [43689/23]
View answerThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
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 eVetting and online payments. The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to regularly communicate with all applicants on a quarterly basis into the future, to keep them updated on the status of their application.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail 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 e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
352. Deputy Ivana Bacik asked the Minister for Justice if the Garda Ombudsman owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant or derelict, in tabular form. [43701/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Síochána Ombudsman Commission (GSOC) is independent in the exercise of its functions and administration. As Minister I have no role in these matters, nor can I comment on them.
However, to be of assistance I sought the information requested by the Deputy from GSOC and have been advised that GSOC does not own any derelict or vacant sites or properties.
353. Deputy Jim O'Callaghan asked the Minister for Justice the number of aggravated burglaries reported to gardaí in the L district of DMR in 2022 and to date in 2023, in tabular form; and if she will make a statement on the matter. [43788/23]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases, under reservation, in relation to various crime statistics. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.
Figures in respect of aggravated burglaries reported to Gardaí in the L District of the Dublin Metropolitan Region (DMR), which comprises of Ballyfermot, Clondalkin and Rathcoole, can be found on the CSO website at the link below. data.cso.ie/table/CJQ06
354. Deputy Jim O'Callaghan asked the Minister for Justice if the new post of CEO of the Domestic Sexual and Gender Based Violence Agency is being advertised outside of the State or if this advertisement is just restricted to within the State; and if she will make a statement on the matter. [43789/23]
View answerIn line with a key recommendation of the audit of responsibility for domestic, sexual and gender-based violence (DSGBV), Government has agreed to establish a dedicated statutory agency that will be charged with co-ordinating the Government’s response to this important area.
The agency will have a range of responsibilities including the funding and commissioning of DSGBV services, supporting the delivery of refuges and co-ordinating the implementation of the Third National Strategy on DSGBV.
This new agency will be tasked with ensuring the delivery of excellent services to victims of DSGBV, and with driving and coordinating the implementation of the Strategy across Government.
The agency will bring the dedicated and expert focus that is needed to tackle the serious and complex societal problem of DSGBV. Its main functions as set out in the Bill to establish the include:
• planning, commissioning and funding DSGBV services;
• overseeing and supporting the provision of refuge accommodation for victims;
• setting standards for services and refuges, and monitoring adherence;
• disseminating information on DSGBV, and leading and supporting awareness-raising campaigns;
• conducting, commissioning and supporting research;
• supporting, co-ordinating and reporting on the implementation of the Strategy; and
• assisting the Minister in developing future DSGBV strategies.
The Bill to establish this agency is a top Government priority under the autumn legislative programme.
It is envisaged that the agency, headed by a CEO, will have over 30 staff members. The staff will be designated as civil servants of the Government.
The CEO for the agency will be appointed to a fixed-term contract by the Minister following recruitment by open competition. That competition is now underway and the advertisement is not restricted to within the State.
The advertising of this post has been organised by the Public Appointment Service (PAS) and has been advertised by placing notices in selected national newspapers, on a prominent jobs website with significant international reach, through social media and circulation to sectoral stakeholders.
In addition, PAS issues job alerts by email and text message to those who have registered their interest in positions at this level on the publicjobs.ie website, and circulates to Civil Service Departments as well as other Public Service Bodies.
355. Deputy Jim O'Callaghan asked the Minister for Justice the percentage of the Garda roads policing fleet are aged between 0-2 years old, between 3-5 years old, between 6-10 years old and over 10 years old, in tabular form`; and if she will make a statement on the matter. [43790/23]
View answerThe Government is committed to ensuring An Garda Síochána has the resources it needs to deliver a modern, fit-for-purpose, policing service. Budget 2023 provides funding of over €2 billion for An Garda Síochána, of which €10m has been allocated for investment in the Garda fleet.
As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the purchase, allocation, and effective and efficient use of Garda vehicles. As Minister, I have no role in such matters.
I am assured that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am advised by the Garda authorities that at the end of September 2023, the latest date for when figures are available, there were 325 vehicles attached to Roads Policing units nationwide. The table below provides a breakdown of these vehicles by age.
|
Age Profile |
Number of Vehicles |
Percentage of Vehicles |
|
<2 years |
42 |
12.9% |
|
2-5 years |
120 |
37% |
|
5-10 years |
149 |
45.8% |
|
10+ years |
14 |
4.3% |
|
Total |
325 |
100% |
