Written Answers Nos. 474-493
474. Deputy Peter Burke asked the Minister for Justice if she will consider an amendment to fees charged for naturalisation for UK citizens who are resident in the State for a particular time period and if the naturalisation fees could be graduated (details supplied); and if she will make a statement on the matter. [10051/24]
View answerThe fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee is €175.
A certification fee of €950 is then required following a positive decision being reached on the naturalisation application.
The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee.
The State has not increased the fees for naturalisation applications since 2011.
There is no provision in the Regulations for a discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities, or based on the length of residency in the State.
All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there are no current plans to amend the fees.
475. Deputy Jim O'Callaghan asked the Minister for Justice the status of an appeal (details supplied); and if she will make a statement on the matter. [10099/24]
View answerAn application under the Regularisation of Long Term Undocumented Migrants Scheme by the person referred to by the Deputy was refused on 14 February 2023.
An appeal of this decision was also refused on 05 September 2023.
The person referred to is the subject of a Deportation Order and any person subject to a Deportation Order can apply to the Minister, under section 3(11) of the Immigration Act 1999 (as amended), to have their Deportation Order revoked. That position applies equally to deportation orders made under section 3 of the Immigration Act 1999 (as amended) and under section 51 of the International Protection Act 2015.
However, for any such request, to have a realistic chance of having a favourable outcome, it would need to be founded on new information or changed circumstances which were not put before the Minister for Justice, nor were capable of being put before the Minister for Justice, when the decision to make a Deportation Order was taken. Where such a request is made, the outcome of that request will be that the existing Deportation Order will either be ‘affirmed’ or ‘revoked’.
The person referred to should direct any further queries to the Repatriation Division of my Department's Immigration Service by email to repatadmin@justice.ie or by post to the following address:
Repatriation Division,
Immigration Service,
Department of Justice and Equality,
13-14 Burgh Quay,
Dublin 2,
D02 XK70
Ireland.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility (IMOireachtasMail@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 Questions process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
477. Deputy Louise O'Reilly asked the Minister for Justice the number of gardaí assigned to Balbriggan Garda station; the areas these gardaí are expected to cover; the number of patrols, in car and on foot, undertaken by gardaí from Balbriggan Garda station in 2023. [10116/24]
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 operational policing and the distribution of Garda members. As Minister, I have no role in such matters.
I can, however, assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. This commitment is demonstrated by the unprecedented provision of more than €2.3 billion to the Garda Vote this year, which is allowing for sustained and ongoing recruitment and investment in new equipment and new vehicles.
This level of funding provides for the recruitment of between 800 and 1,000 Gardaí and 250 additional Garda staff this year.
In addition to new recruits, the rollout of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to frontline policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.
I am advised by the Garda authorities that as of 31 January 2024, the latest date for when figures are available, there was a total of 131 Garda members assigned to Balbriggan District, an increase of over 3% since the end of December 2022.
I am informed that Balbriggan District provides a policing and security service of approximately 200 sq. kilometres. I am advised that a total of 4,254 proactive patrols, which includes both mobile and beat patrols, were conducted by Gardaí in the District in 2023.
I am advised that Balbriggan Garda Station is District Headquarters for the Y District which incorporates Skerries, Rusk, Garristown and Lusk Garda Stations. As of 31 January 2024 a total of 99 Garda members were assigned to Balbriggan Garda station, which includes 85 Gardaí, 9 Sergeants, 4 Inspectors and 1 Superintendent. This represents an increase of almost 8% since the end of December 2022.
Further information in relation to the allocation of Gardaí by Division and Station can be found at the following link: www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/.
478. Deputy Paul Kehoe asked the Minister for Justice the reason for the delay in issuing the naturalisation paperwork for a person (details supplied); when will it be issued; and if she will make a statement on the matter. [10149/24]
View answerThe Citizenship Division of my Department have advised a Certificate of Naturalisation issued to the person referred to by the Deputy on 5 February 2024.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Last year Citizenship Division more than doubled the number of Citizenship Ceremonies available to applicants with 15 held over the course of the year. These took place in the RDS, Dublin in March, in the INEC, Killarney in June, and in the Convention Centre in both October and December. This was a significant increase on 6 Citizenship Ceremonies held in 2022.
I recognise that the delay in receiving a Naturalisation Certificate is frustrating for people and my Department is examining on how to speed up the delivery of Certificates for future Ceremonies to be held this year.
I am advised that the majority of the 6,000 Certificates for people that attended the December ceremonies have now issued. Any applicants that are yet to receive their certificate can be assured that they will receive their Certificate of Naturalisation via registered post in the coming weeks.
Finally, I can advise the Deputy that the Citizenship Division of my Department will continue to communicate regularly with all applicants to keep them informed on updates on processing times and arrangements.
479. Deputy John Brady asked the Minister for Justice to detail the total amount of funding allocated per year for Youth Justice, for the years from 2010 to date; and if she will make a statement on the matter. [10184/24]
View answerEvery young person deserves the opportunity to improve their quality of life and our commitment to expanding Youth Justice services, and increasing funding to these services, similarly reflects our commitment to these young people. This commitment is a central point of our Youth Justice Strategy, launched in 2021, which provides a developmental framework to address key challenges and emerging issues in the youth justice area.
A top priority is the expansion and deepening of the services offered to young people by the Youth Diversion Projects (YDPs), which are fully funded by the Department of Justice. YDPs are community based, multi-agency youth crime prevention initiatives which primarily seek to divert young people who have been, or are at risk of becoming, involved in anti-social and/or criminal behaviour. On average the YDPs engage with between 3,500 and 4,000 young people across the State in any one year. These projects provide an invaluable support to complement the work of An Garda Síochána in addressing youth crime and protecting local communities.
To help achieve this, funding for Youth Diversion Projects (YDPs) and other Youth Justice measures has increased substantially in recent years. In Budget 2024, the funding allocated to overall Youth Justice Services increased by 10% to €33 million. This will facilitate an increase in the availability of YDP services in the evenings and at the weekends when many young people need them the most, as well as an increase in supports for families, interventions for typically hard-to-reach young people and early interventions for 8-11 year olds who may be at increased risk of becoming engaged in criminal activity.
This increase in funding will also allow us to achieve our goal of full nationwide coverage for YDPs for the first time. I can inform the Deputy that this funding will be deployed with the assistance of the best available research and expert evidence to keep young people away from crime.
We know from international research that a number of factors place young adults in this age group at a higher risk of becoming involved in criminal behaviour. It is important to reach out to this age group and ensure they recognise they will not be abandoned and left to fend for themselves when they become young adults.
All of this work in the area of Youth Justice is central to this Government’s commitment to building stronger, safer communities. The Government’s commitment to helping the young people who need it has been reflected in our allocations of funding and resources to expand this network.
The tables attached sets out the breakdown of funding for the years requested by the Deputy.
|
Expenditure by Year |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
|
Youth Justice Funding |
€40,396,543.35 |
€32,450,853.27 |
€17,162,187.36 |
€15,313,294.21 |
€16,108,230.25 |
€16,055,115.45 |
€20,105,194.89 |
|
Expenditure by Year |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
Estimate 2024 |
Total |
|
Youth Justice Funding |
€15,735,924.09 |
€16,047,901.01 |
€16,850,973.19 |
€19,072,283.35 |
€22,030,888.14 |
€29,011,654.92 |
€30,619,256.07 |
€33,000,000.00 |
€339,960,299.55 |
|
* Expenditure from 2010 - 2020 includes IYJS staff costs |
** Expenditure from 2010 - 2011 includes Centres for Young Offenders staff and related costs
480. Deputy Ged Nash asked the Minister for Justice further to Parliamentary Question No. 262 of 8 February 2024, whether it is possible for a coroner to direct a post-mortem and/or an inquest in circumstances (details supplied); and if she will make a statement on the matter. [10187/24]
View answerAs the Deputy will be aware Coroners are independent office holders and decision to direct a post mortem examination and / or hold an Inquest in to the death of a person, in any particular set of circumstances, rests with the individual coroner. My Department has no role in directing the work of Coroners during their death investigation function.
The Coroners Act 1962 confers on a Coroner a general duty to hold an inquest where a body is ‘lying’ in their district, and where the death may, in the Coroner’s opinion, have occurred in a violent or unnatural manner, or expectantly and from unknown causes, or where there is another specific statutory duty to hold an inquest. The Act applies to deaths abroad where a body has been repatriated.
481. Deputy Mairéad Farrell asked the Minister for Justice the reason that a Danish marriage certificate is not acceptable as proof of marriage for immigration purposes; the reason that applicants are not advised of this prior to their appointment at their local immigration office; and if she will provide an update on an application (details supplied). [10190/24]
View answerI can advise the Deputy that there are two routes in which a non-EEA national can apply for permission to remain in the State on the basis of marriage to an Irish national.
Where a person is a non-visa required national, who has entered the State legally within the last 90 days, or where they are a visa required national and within the period of permission granted to them on arrival in the State, or if they have a current permission to remain in the State on an alternative basis, both the non-EEA national and their Irish spouse should attend at their local immigration office with the following documentation:
• Original marriage certificate
• Original passport
• Their Irish spouse's original passport
• Evidence of joint address
• Evidence of financial means
Where a person has been refused registration at their local immigration office or where a person does not have a current permission to be in the State, they must submit an application to the Spouse of Irish National Unit.
Detailed information on how to apply, along with the application form, is available on the Immigration Service website at: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/spouse-civil-partner-of-irish-national-scheme/.
The Deputy may wish to note, however, there is no automatic right to live in the State following marriage to an Irish national. If permission is granted, it is on the basis of sufficient evidence of a valid and genuine marriage/civil partnership and cohabitation.
My Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for persons residing in the Dublin area only. An Garda Síochána has oversight of the first registration and renewal of immigration residence permissions for non-EU/EEA nationals residing outside of the Dublin area. Therefore, determining whether documentation presented by the person referred to by the Deputy is sufficient for registration, is a matter for An Garda Síochána.
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 IMOireachtasMail@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 cases where the response is, in the Deputy's view, inadequate or too long awaited.
482. Deputy Bríd Smith asked the Minister for Justice if she will clarify what the delay is in issuing newly naturalised Irish citizens with citizenship certificates; if she will investigate the delay in the case of a person (details supplied); and if she will make a statement on the matter. [10199/24]
View answerThe Citizenship Division of my Department have advised a Certificate of Naturalisation issued to the person referred to by the Deputy on 18 February 2024.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Last year Citizenship Division more than doubled the number of Citizenship Ceremonies available to applicants with 15 held over the course of the year. These took place in the RDS, Dublin in March, in the INEC, Killarney in June, and in the Convention Centre in both October and December. This was a significant increase on 6 Citizenship Ceremonies held in 2022.
I recognise that the delay in receiving a Naturalisation Certificate is frustrating for people and my Department is examining on how to speed up the delivery of Certificates for future Ceremonies to be held this year.
I am advised that the majority of the 6,000 Certificates for people that attended the ceremonies held in December 2023 have now issued. Any applicants that are yet to receive their certificate can be assured that they will receive their Certificate of Naturalisation via registered post in the coming weeks.
Finally, I can advise the Deputy that the Citizenship Division of my Department will continue to communicate regularly with all applicants to keep them informed on updates on processing times and arrangements.
483. Deputy Bernard J. Durkan asked the Minister for Justice to outline the Gambling Regulation Bill’s proposed watershed ban on gambling advertisements, particularly considering the Bill’s aim to protect vulnerable persons and provide clarity and equity for the gambling industry; and if she will make a statement on the matter. [10222/24]
View answerReform of gambling legislation, licensing and regulation is a priority for the Government and my Department. The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective.
The Gambling Regulation Bill 2022 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 including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.
At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. My officials and I have engaged in extensive consultation with representatives from the industry, the charity sector, related sectors and as well as with professionals working in the area of problem gambling, persons adversely affected by the consequences of gambling and those with lived experience of problem gambling.
Once enacted, the Bill will provide the Authority with the necessary enforcement powers for licensing and enable it to take appropriate and focused action where providers are failing to comply with the provisions of this Bill and with the Authority’s licensing terms, conditions and regulations.
In line with its public health focus, the Bill includes restrictions on gambling advertising, including the introduction of a pre-watershed ban on gambling advertising, which was included following a clear recommendation of the Joint Oireachtas Committee on Justice in their pre-legislative scrutiny report published in May 2022.
Consistent with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5.30am and 9.00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.
In addition to the watershed provisions, the Bill provides for a wide-ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the volume/amount of advertisements that can be shown during commercial breaks, for example.
484. Deputy Bernard J. Durkan asked the Minister for Justice the steps that will be taken in the context of the Gambling Regulation Bill to ensure the protection of vulnerable persons, with particular reference to the decision to exempt the National Lottery from the Bill’s inclusion of a prohibition on inducements; and if she will make a statement on the matter. [10223/24]
View answerReform of gambling legislation, licensing and regulation is a priority for the Government and my Department.
The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective.
The Gambling Regulation Bill 2022 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 including lotteries and other similar gambling activities permitted under the Bill and for the regulation of gambling advertising, websites and apps.
At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. My officials and I have engaged in extensive consultation with representatives from the industry, the charity sector, related sectors as well as with professionals working in the area of problem gambling, persons adversely affected by the consequences of gambling and those with lived experience of problem gambling.
The Bill completed Committee Stage in Dáil Éireann on 11 July 2023 and my Department is currently preparing amendments to the Bill for Report Stage. I am hopeful that the Bill will be enacted in the coming months.
In line with its public health focus, the Bill includes restrictions on gambling advertising, including the introduction of a pre-watershed ban on gambling advertising, which was included following a clear recommendation of the Joint Oireachtas Committee on Justice in their pre-legislative scrutiny report published in May 2022.
Consistent with that recommendation, section 141 of the Bill provides for a watershed prohibiting the broadcast of gambling advertising on television, radio and on audio-visual media services between the hours of 5.30am and 9.00pm, with a focus on protecting children from the widespread proliferation of gambling advertising across these forms of media.
In addition to the watershed provisions, the Bill provides for a wide-ranging power to allow the Authority to prescribe the times, place and events where gambling advertising can be broadcast, displayed or published, and allows the Authority to specify the frequency which advertising can be broadcast, the duration of advertisements, and the number of advertisements that can be shown during commercial breaks, for example.
The Bill also includes a number of protections and safeguards such as:
• a prohibition on the use of credit cards to pay for gambling and the offer or extension of credit (of any kind) or loans or similar facilities to people participating in gambling.
• providing the Authority with the ability to prohibit other forms of payment by regulations;
• providing the Authority with power to set limits on the amounts of money that may be lodged when gambling online and limits on the number of lodgements a person may make with licensees within in a particular timeframe;
• obligations on licensees to provide proper and transparent information to customers when opening an account and while participating in gambling activities;
• obligations on licensees to provide facilities to allow people to set limits on the amount of money that may be lodged to their account in a particular timeframe;
• specifying the information to be provided to people gambling online, while they are playing, to inform them of their winnings and losses; and
• obligations on licensees to train staff to be able to identify excessive and compulsive gambling behaviour according to standards set by the Authority.
Furthermore, the Bill provides for:
• the establishment of the National Gambling Exclusion Register to allow any person to register with the Authority to exclude themselves from gambling online with one or more licensed operators, or from specific gambling activities, for a specific or indefinite period of time. Where a person registers with the Authority a licensee may not:
• accept a payment for gambling from a person on the Register;
• or communicate with a person on the Register in a way that encourages or promotes gambling; and
• the establishment and management of a Social Impact Fund by the Authority, funded by mandatory contributions from the gambling industry, to finance research and related initiatives to reduce and eliminate compulsive and excessive gambling, to support awareness–raising and educational measures and to support problem gambling treatment activities.
As the Deputy will be aware, the National Lottery and its activities comes under the remit of the Department of Public Expenditure, NDP Delivery and Reform and not the Department of Justice.
While the National Lottery will not fall under the remit of the Gambling Regulatory Authority of Ireland, the operation of the National Lottery is subject to the provisions of the National Lottery Act 2013 and is already regulated by its own dedicated regulator – the Regulator of the National Lottery.
485. Deputy Pauline Tully asked the Minister for Justice the number of cases that the Cavan-Monaghan Divisional Protective Service Bureau has dealt with in the years of 2023 and to-date in 2024, in tabular form. [10268/24]
View answerI would like to assure the Deputy that both Commissioner Harris and I are committed to combatting all forms of domestic, sexual and gender-based violence and to ensuring that An Garda Síochána is resourced to provide support to victims.
As I am sure you are aware, the national roll out of Divisional Protective Service Units (DPSUs) was an action under Supporting a Victim's Journey, and it has now been completed.
There is now a DPSU established in every Garda division across the country. This ensures that vulnerable victims of crimes, such as domestic abuse and sexual violence, presenting to Gardaí are met with a consistently high standard of specialist, sensitive, professional and expert assistance. This specialisation ensures that when victims of domestic and sexual violence present to Gardaí, at perhaps their most vulnerable moment, they are met with professional and expert assistance.
I would like to assure you that while officers attached to DPSUs receive a range of specialist training, all Gardaí are trained as first responders so they are equipped to deal with victims, including of domestic, sexual and gender-based violence.
On foot of your question, I contacted An Garda Síochána (AGS) to seek the specific information requested, which is presented in the table below.
Cavan/Monaghan DPSU
|
Year |
No of cases referred |
|
2023 |
173 |
|
2024 (as of 29th February 2024) |
44 |
486. Deputy Pauline Tully asked the Minister for Justice further to Parliamentary Question No. 343 of 7 February 2024, if she has received the necessary information from the Garda authorities in order to have this PQ answered. [10269/24]
View answerI have contacted the Garda authorities for the information requested by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand.
487. Deputy Jackie Cahill asked the Minister for Justice if she will introduce an online system for English language students in Limerick to apply for a Stamp 2 Visa, considering such a system operates in other cities in Ireland, and considering that waiting times for in-person appointments in the Immigration Office in Limerick have increased dramatically since 2022 and urgent action is required to tackle this; and if she will make a statement on the matter. [10278/24]
View answerMy Department's Registration Office in Burgh Quay is responsible for registering immigration permissions for non-EU/EEA nationals residing in the Dublin area only, including the online renewal system.
An Garda Síochána has oversight of the first registration and renewal of immigration residence permissions for non-EU/EEA nationals residing outside of the Dublin area. I have no role in regard to the scheduling of these appointments.
I have been advised by an Garda Síochána that every effort is being made to reduce the waiting time at the Garda National Immigration Bureau office in Limerick . An additional Garda member has been assigned on a full-time basis since mid-January 2024. This brings the number of Immigration officers to 5 as well as a registration officer. An additional desk has been set up to allow extra registrations, which is expected to further reduce waiting times.
The Commission on the Future of Policing in Ireland (COFPI) recommended that immigration administrative functions should transfer from the Garda National Immigration Bureau (GNIB) to the Department of Justice. My Department and An Garda Síochána have engaged intensively on the scope of immigration operations to transfer to the Department and a roadmap outlining the functions for transfer is being developed. This will set out the timeline for transfer of work relating to the nationwide registration and renewal (outside of Dublin) of residence permission and the renewal of such permission from An Garda Síochána to the Registration Office of my Department.
488. Deputy Bernard J. Durkan asked the Minister for Justice when a person (details supplied) will receive their naturalisation certificate following their citizenship ceremony that look place on 19 December 2023; and if she will make a statement on the matter. [10319/24]
View answerThe Citizenship Division of my Department have advised that a Certificate of Naturalisation issued to the person referred to by the Deputy on 10 February 2024.
In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.
Last year Citizenship Division more than doubled the number of Citizenship Ceremonies available to applicants with 15 held over the course of the year. These took place in the RDS, Dublin in March, in the INEC, Killarney in June, and in the Convention Centre in both October and December. This was a significant increase on 6 Citizenship Ceremonies held in 2022.
I recognise that the delay in receiving a Naturalisation Certificate is frustrating for people and my Department is examining on how to speed up the delivery of Certificates for future Ceremonies to be held this year.
I am advised that the majority of the 6,000 Certificates for people that attended the December ceremonies have now issued. Any applicants that are yet to receive their certificate can be assured that they will receive their Certificate of Naturalisation via registered post in the coming weeks.
Finally, I can advise the Deputy that the Citizenship Division of my Department will continue to communicate regularly with all applicants to keep them informed on updates on processing times and arrangements.
489. Deputy Carol Nolan asked the Minister for Justice if she will commit to providing a date for the publication of the delays in the processing of sex crime in Ireland: stakeholder perspectives report; will she accept that the publication of this report will be a vital contribution to the public debate on this issue; and if she will make a statement on the matter. [10322/24]
View answerAs the Deputy may be aware, in May 2021, the Department of Justice published a Request for Tender to conduct a review of stakeholder experiences in the processing of sexual offences in Ireland on foot of the O’Malley Review findings in 2020.
The purpose of this research was to explore the experiences of those involved in the processing of sexual offence cases in Ireland, and to understand their views with regard to issues which contribute to delays in sexual offences cases being processed and the potential effectiveness of measures adopted to address those problems.
Based upon their Research Tender Submission, Dr Marie Keenan and Dr Deirdre Healy, both of University College Dublin, were selected to complete the report, and a final draft of the report was submitted to my Department in November 2023. In the interim, there has been engagement with the authors to provide additional clarifications.
It is my intention to publish the report in the near future, but it is not possible to provide a specific date at this point. The Department and Cuan, the new Domestic, Sexual and Gender-based Violence Agency, will consider the report’s recommendations as part of the broader DSGBV Strategy implementation to improve outcomes for victims of sexual offences. This will be taken forward in collaboration with relevant departments and agencies.
490. Deputy Noel Grealish asked the Minister for Justice if she acknowledges the benefits of the Seller's Legal Pack for Property Buyers' Bill 2021; and if she will provide an update on when it will be heard at committee stage. [10370/24]
View answerThe Seller’s Legal Pack for Property Buyers Bill 2021, which is a Private Member’s Bill, passed second stage in Dáil Éireann on October 5th last year. I welcomed the Bill’s objectives of improving efficiency and reducing the costs involved in buying and selling property.
However, I also outlined a number of practical and legal issues identified in the Bill. I therefore recommended that, before the Bill proceeds to Committee Stage, the sponsoring Deputy would give consideration to the issues identified, in conjunction with the Joint Oireachtas Committee on Justice, and would consult further with relevant stakeholders. These steps are necessary to ensure that the Bill's potential objective could be realised effectively.
In addition, I can advise the Deputy that the Taoiseach recently established a Working Group on Conveyancing and Probate to carry out a review of current conveyancing and probate processes and identify scope for greater efficiency and streamlining. As part of its work the Working Group will consider the type of reforms included in the Seller’s Legal Pack for Property Buyers Bill 2021. It is envisaged that this Group will report with its recommendations by the Summer, and I along with Ministerial colleagues, look forward to that report.
491. Deputy Matt Carthy asked the Minister for Justice the ground rents payable by her Department, or agencies under its remit, by named property, by name of landlord and by amount payable, in the years 2016 to date; and if she will make a statement on the matter. [10419/24]
View answerI am informed that there are no ground rents payable by my Department in the years 2016 to date.
Regarding Agencies under the remit of my Department, I am informed by the Courts Service that one property in use by them is liable for ground rent, the details of which are provided below.
|
Property |
Clonmel Court Office |
|
Landlord |
The annual payment is made to Charles Barrett |
|
Amount payable |
The annual payment is €162.43 |
It is important to note that in general, and similar to other Government Departments, accommodation used by both my Department and Agencies under its remit is provided by the Office of Public Works (OPW). The OPW provide accommodation in buildings which are either State owned or leased.
492. Deputy Michael Healy-Rae asked the Minister for Justice if she can address matters in relation to the Auctioneers and House Agents Act 1947 (details supplied); and if she will make a statement on the matter. [10533/24]
View answer493. Deputy Michael Healy-Rae asked the Minister for Justice if she plans to amend the Property Services (Regulation) Act, 2011 with regard to the bidding process (details supplied). [10538/24]
View answerI propose to take Questions Nos. 492 and 493 together.
The Auctioneers and House Agents Act, 1947 was repealed by the Property Services (Regulation) Act 2011, which provides for the licensing and regulation of property services providers (auctioneers, estate agents, letting agents and property management agents) by the Property Services Regulatory Authority (PSRA).
The Property Services (Regulation) Act 2011 sets out conditions that property services providers, who are licensed under the Act (licensees), must comply with. In addition, the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020 (S.I. No. 564 of 2020) (Minimum Standards Regulations) set out minimum standards to be observed by licensees in the provision of property services.
With regard to bids (offers) on properties offered for sale, the position is that in accordance with section 61 of the Act, where land (including residential property) is offered for sale other than by auction, a business (licensed property services employer or independent contractor) is required to retain a record for a period of not less than 6 years, of all offers received, including conditional acceptances, in respect of the sale.
In addition regulation 15(2) of the Minimum Standards Regulations imposes an obligation on a licensee to provide written confirmation of receipt of an offer, for the purchase of land, to the person who made the offer. Regulation 15(3) provides that a licensee shall not express or imply to any person that an offer has been received unless that offer has been received by the licensee.
Failure to comply with a provision of the Act, or regulations made under the Act, amounts to improper conduct. The Act confers extensive powers on the PSRA to investigate complaints of improper conduct made against a licensee and to initiate investigations on its own volition (compliance audits) for the purpose of ensuring compliance with the law.
Where the PSRA, following an investigation, finds improper conduct by a licensee, the PSRA has powers to impose a minor sanction (i.e. advice, caution, warning or reprimand) or a major sanction (i.e. suspension or revocation of a licence or the imposition of a monetary sanction) on the licensee. A major sanction must be confirmed by the High Court.
The PSRA can be contacted at: Property Services Regulatory Authority, Abbey Buildings, Abbey Road, Navan, Co Meath, C15 K7PY; Tel: 046-9033800; email: info@psra.ie.
The Act also provides for the establishment and maintenance of the by the PSRA a Register of residential property sales prices. The Register is available for inspection at: www.propertypriceregister.ie/website/npsra/pprweb.nsf/PPR?OpenForm.
While my Department keeps all legislation under continuous review, there are no plans to amend the Property Services (Regulation) Act 2011 in this manner at this time.
