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Tuesday, 18 Sep 2012

Written Answers Nos. 1178-1196

Consultancy Contracts Issues

Ceisteanna (1179)

Seán Fleming

Ceist:

1179. Deputy Sean Fleming asked the Minister for Justice and Equality if he will detail in tabular form the amount paid on external public relations and communications consultants since February 2011; the reason for the payment; the name of each organisation used; and if he will make a statement on the matter. [37546/12]

Amharc ar fhreagra

Freagraí scríofa

There are no records to indicate that there were any payments made to External Public Relations, Marketing or Communication Consultants by my Department during the period February 2011 to date.

Consultancy Contracts Issues

Ceisteanna (1180)

Seán Fleming

Ceist:

1180. Deputy Sean Fleming asked the Minister for Justice and Equality if he will detail, in tabular form, the amount paid to consultants since February 2011; the name of each organisation used; and if he will make a statement on the matter. [37562/12]

Amharc ar fhreagra

Freagraí scríofa

Consultancy persons and organisations used by my Department since February 2011 are as follows:

Consultant

Byrne O'Cleirigh

3,993

LHM Casey McGrath

15,711

Forensic Navigation Services Ltd

7,316

Prof. Gisli Gudjonsson

6,867

Total

€33,888

Ministerial Adviser Appointments

Ceisteanna (1181)

Seán Fleming

Ceist:

1181. Deputy Sean Fleming asked the Minister for Justice and Equality the political activities of each special adviser, special press advisers, or any other type of ministerial adviser in his Department; if any of them were members of a political party; if so the parties to which they belonged; if any of them are or have been elected local authority members; and if he will make a statement on the matter. [37578/12]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to PQ No. 297 of 13 December, 2011 and my written reply to that question.

The role of Special Advisers in giving assistance with political implications is expressly recognised in the Civil Service Code of Standards and Behaviour. To ensure public confidence in the political impartiality of the Civil Service, paragraph 5.1 of the Code of Standards restricts civil servants above a certain grade from engaging in political activity; but, under paragraph 5.4, the restrictions do not apply to Special Advisers who hold ‘temporary unestablished positions’ and ‘whose tenure is coterminous with that of the relevant Minister’. Declaration of membership of, or links to, a political party is not required of a Special Adviser. Neither of my advisers has held elective office.

Ministerial Transport

Ceisteanna (1182)

Seán Fleming

Ceist:

1182. Deputy Sean Fleming asked the Minister for Justice and Equality the amount spent by his Department on drivers and ministerial transport since February 2011. [37594/12]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Government introduced a number of changes for the provision of Office Holder transport during 2011. One of the consequences of that decision was that the transport arrangements in place for Ministers of State became applicable to Government Ministers, subject to very limited exceptions on security grounds. In addition, it was decided that former Presidents and Taoisigh would only be supplied with official transport for important State occasions. The revised transport arrangements came into operation for Government Ministers on 1st May 2011 and for former Office Holders on 16th June 2011.

The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I am informed by the Garda authorities that the cost of providing Office Holder transport for the period 1 March 2011 to July 2012 was approximately €4,831,057. This figure includes costs associated with the service prior to and after the new transport arrangements had been fully introduced.

Departmental Reports

Ceisteanna (1183)

Seán Fleming

Ceist:

1183. Deputy Sean Fleming asked the Minister for Justice and Equality the total amount spent since February 2011 on external reports commissioned by his Department, including payments from ministerial allowances, details of the consultants employed and costs of each; and if he will make a statement on the matter. [37626/12]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the information requested is summarised in the following table.

Amounts Spent from 1 March, 2011 to 31 August, 2012 on External Reports Commissioned by the Department of

Justice and Equality

Consultants Employed

Report Description

Cost (€)

Safecon Training & Consultancy

The preparation of a Safety Statement and Risk Assessment Investigation

984

The Institute of Public Administration

Work completed on a Mid-Term Progress Review of the implementation of the National Strategy on Domestic, Sexual and Gender-Based Violence 2010-2014

14,723*

Byrne Ó Cléirigh, Consultants

Advice on technical risk assessment methodology concerning explosives storage

3,993

Mazars

An audit on the Financial Shared Service Payroll and Financial Management Systems - these are specialist audits to ensure that these key systems have effective internal controls in place

12,677

RITS Bianconi Research Ltd.

To conduct a perimeter ICT security review (Penetration Test) to review and report on the integrity of the Department's existing security infrastructure

10,083

Mr. Owen McCarthy

A report on the workshop of National Traveller Committees

2,450

Mr. John O'Sullivan (Retired Prison Governor).

Enquiry into the circumstances surrounding the release of (a prisoner) from the Dóchas Centre

15,000

-

-

59,910

* 60% of the contract fee

I wish to further advise the Deputy that questions concerning Ministerial Allowances are solely a matter for the Oireachtas.

Proposed Legislation

Ceisteanna (1184)

Thomas P. Broughan

Ceist:

1184. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if any work is being done by the Department on surrogacy births in Ireland and on the recognition of foreign surrogacies; and if he will make a statement on the matter. [37652/12]

Amharc ar fhreagra

Freagraí scríofa

On 21 February 2012, I published a Guidance Document on the issues of citizenship, parentage, guardianship and travel documents in relation to children born as a result of surrogacy arrangements entered into outside the State. The Guidance Document provides information to people who intend to enter surrogacy arrangements outside the State on the practical and legal considerations arising under Irish law where the commissioning parents intend to bring the child to live with them in the State. I intend in due course to develop proposals for legislation on surrogacy to deal with matters concerning the legal relationships of commissioning adults with children born through surrogacy. In developing these legislative proposals, the welfare and best interests of children will be key considerations.

Garda Síochána Ombudsman Commission Issues

Ceisteanna (1185, 1186)

Thomas P. Broughan

Ceist:

1185. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when the final figures and report on Garda Operation Slowdown will be available; if in the final review there will be a figure for the number of vehicles monitored as well as speeding offences detected; if he will clarify if the Garda traffic corps or GoSafe conducted Operation SlowDown; and if he will make a statement on the matter. [37662/12]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

1186. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will clarify if Operation SlowDown was an additional surveillance operation, augmenting the existing GoSafe safety camera programme; if the speed surveillance for OSD was conducted by the traffic corps, GoSafe, or both; if the overall level of speed surveillance during the 24 hours of OSD was higher than usual; if OSD speed surveillance was greater than normal levels; the nature and extent of the increase; and if he will make a statement on the matter. [37663/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1185 and 1186 together.

I am informed by the Garda authorities that Operation Slowdown was put in place nationally by An Garda Síochána with other relevant stakeholders, including the Road Safety Authority, for a 24 hour period commencing at 7am on Friday, 6 July. The aims of the initiative were to raise general awareness of speeding and to encourage drivers to reduce speed at all times, not just for the 24 hour period of Operation Slowdown. Public and private sector fleet operators were also asked to participate in the initiative by circulating employees with the key message to slow down and, whether driving for business or private purposes, to always drive within the speed and at a speed appropriate to the prevailing conditions.

The operation consisted of high visibility speed enforcement activities on both national primary and secondary roads. These were carried out by local Gardaí, the Garda Traffic Corps, and also by the outsourced service provider GoSafe. I am further informed that the following table shows the total number of fixed charged notices issued during the period of Operation Slowdown.

Fixed Charge Notices issued for Speeding

Date

Non-intercept

Intercept

Total

Friday 6 July

633

296

929

Saturday 7 July

606

267

873

I am advised, for comparison purposes, that the average number of fixed charge notices issued daily for the month of July 2012 was 439 non-intercept notices and 132 intercept notices (571 in total), which reflects the impact of Operation Slowdown on the number of detections. I am further advised that It is not possible to quantify the use of all available resources (equipment, vehicles, and personnel) or the number of vehicles monitored for the duration of Operation Slowdown, without the disproportionate use of resources.

Question No. 1187 answered with Question No. 1154.

Citizenship Applications

Ceisteanna (1188)

Finian McGrath

Ceist:

1188. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding citizenship in respect of a person (details supplied) in County Dublin. [37712/12]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. While the person concerned may be Garda vetted for the purposes of his employment, confirmation that the good character condition is satisfied is required to be carried out by the Citizenship Division of INIS.

As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State 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.

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

Garda Deployment

Ceisteanna (1189)

Finian McGrath

Ceist:

1189. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support the matter of having more gardaí in an area (details supplied) in view of the fact that there is currently a crime wave in the area. [37723/12]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

I have been informed by the Garda Commissioner that the area referred to by the Deputy is covered by Clontarf Garda Station. The personnel strength of Clontarf Garda Station on 31 July 2012, the latest date for which figures are readily available was 74. I have also been informed by the Commissioner that a High Visibility Policing Plan for the Dublin Region has commenced which has resulted in dedicated high visibility patrols in key commercial/ public thoroughfares at strategic times as dictated by crime trends, demand led policing and footfall. This high visibility presence will specifically target areas of concern.

Property Services Regulation

Ceisteanna (1190)

Finian McGrath

Ceist:

1190. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the Property Services (Regulation) Act in relation to new people getting an auctioneer's licence particularly for small businesses. [37732/12]

Amharc ar fhreagra

Freagraí scríofa

The Property Services (Regulation) Act 2011 repealed the Auctioneers and House Agents Acts 1947 to 1973 which previously governed the licensing of auctioneers and house agents. The new legislation provides for the establishment of the Property Services Regulatory Authority (PSRA) to licence, control and regulate Property Services Providers (i.e. auctioneers/estate agents, letting agents and management agents). The new PSRA licensing system came into effect on 6 July 2012.

Under the 2011 Act, any person wishing to engage in the provision of property services must obtain a licence from the PSRA. A person providing a property service without a licence is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.

The types of property services for which a licence is required are: the auction of property other than land; the purchase or sale, by whatever means of land (including buildings or structures on land); the letting of land (including buildings or structures on land), or; property management services.

A comprehensive Guide to Becoming a Licensed Property Services Provider was published in June 2012 and sent to every person holding a licence under the Auctioneers and House Agents Acts 1947 to 1973. This guide is also available on the Authority's website www.psr.ie.

At present the PSRA is engaged in the processing of some 5,000 licence applications. To date all applications have been acknowledged, and applicants who were lawfully providing the property service which is the subject of the application prior to 6 July 2012 have been informed that they may continue to provide such service pending a determination of their application.

As the licensing system now being introduced is extremely comprehensive, and is being extended to cover employees as well as employers, the amount of data which must be recorded in respect of each individual is quite extensive. It is important that great care is taken to ensure that all applicants' particulars are correct and verified at this stage. Once this initial data capture is complete the renewal of licences in future years will be a much more streamlined process.

Specifically in relation to new persons wishing to become a property services provider, it is of course, open to them to make an application to the PSRA for a licence. However, the transitional provisions which relate to persons who previously were lawfully providing a property service would not apply in such cases. Therefore such persons should not provide a property service unless they have received a licence from the PSRA.

Road Safety Issues

Ceisteanna (1191)

Finian McGrath

Ceist:

1191. Deputy Finian McGrath asked the Minister for Justice and Equality the reason HGVs are allowed to use an area (details supplied) in Dublin 9 regularly. [37743/12]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Garda authorities that the H.G.V. cordon for the Dublin City Centre does not include any area north of the East Wall Road and its intersection with Alfie Byrne Road. On Griffith Avenue the in-bound lane alone, that is, from the Malahide Road in the direction of the Ballymun Road for the full length of the road in the direction East to West, is subject to a three tonne limit restriction. This restriction, however, does not fully cover the outbound lane of Griffith Avenue. H.G.V.'s are allowed travel on Griffith Avenue from the Ballymun Road to the Swords Road Junction only.

Vehicles above the three tonne limit are permitted to drive within the restricted area for the purpose of delivering to a location within the same area. An Garda Síochána as the primary enforcement agency regularly conduct enforcement operations to ensure that the restrictions are complied with. 3 tonne notices are prominently displayed on the restricted stretches of road. Divisional and Regional Traffic members continue to monitor this area and where breaches are detected the appropriate action is taken.

Labour Court Recommendations

Ceisteanna (1192, 1193)

Seán Fleming

Ceist:

1192. Deputy Sean Fleming asked the Minister for Justice and Equality if he will supply a list of all Labour Court recommendations that have been issued in respect of his Department and organisations under his aegis that have not been complied with in full; and if he will make a statement on the matter. [37757/12]

Amharc ar fhreagra

Seán Fleming

Ceist:

1193. Deputy Sean Fleming asked the Minister for Justice and Equality if he will provide a list of all Labour Court recommendations in respect of the Irish Prison Service, the Garda and the Probation Services that have not been complied with in full; and if he will make a statement on the matter. [37762/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1192 and 1193 together.

The information in the breakdown requested by the Deputy is not readily available and to provide such detail would require the allocation of a disproportionate and inordinate amount of staff time and resources. The Labour Court website (www.labourcourt.ie) provides a decision database in respect of employment rights cases completed by the Court. If the Deputy wishes to identify any cases in respect of my Department and agencies under its aegis, I will see that he is provided with details regarding the implementation of the recommendations.

Deportation Orders Data

Ceisteanna (1194)

Bernard Durkan

Ceist:

1194. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for stamp 4 in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37770/12]

Amharc ar fhreagra

Freagraí scríofa

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7 April 2004, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted, including those relating to the possible relevance of the Zambrano judgement to the case, will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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

Asylum Applications

Ceisteanna (1195)

Bernard Durkan

Ceist:

1195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency status in respect of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [37771/12]

Amharc ar fhreagra

Freagraí scríofa

There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending. Applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister on whether such status should be granted. All applications for refugee status are considered on their individual merits on a case by case basis having regard to the subjective and objective elements of the claim.

Sexual Offences

Ceisteanna (1196)

Éamon Ó Cuív

Ceist:

1196. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he intends reviewing the law in relation to sexual offences to ensure that those who carry out sexual attacks receive appropriate sentences particularly in view of the sentence handed down by the courts recently in the Lyons case; and if he will make a statement on the matter. [37778/12]

Amharc ar fhreagra

Freagraí scríofa

As the judiciary are independent and subject only to the Constitution and the law, it would be inappropriate for a member of the Executive to make any comments connected to a sentence in an individual case, particularly where the sentence is or could become the subject of an appeal. More generally, legislation relating to sexual offences usually provides for the maximum sentence to be imposed. In some cases, special provisions apply. For example, an offence by a person in authority is effectively treated as an aggravating factor in the case of certain sexual offences against children.

It is the responsibility of the presiding judge to determine the sentence to be imposed in a particular case having heard all the evidence presented, and taking case law, including appeals, into account. This allows the court to weigh all the circumstances of the offence and all the relevant aggravating and mitigating factors. Also, the Director of Public Prosecutions can appeal against a sentence imposed if she believes it to be unduly lenient.

The Government is committed to a strategic review of penal policy, including sentencing, and I expect this review to get underway shortly. In addition, the Law Reform Commission is reviewing the law on mandatory sentences and published a consultation paper in January this year. The Commission invited submissions on its consultation paper from interested parties and will publish its final report in due course. I will await the outcome of both these reviews and consider the recommendations made before taking any further action regarding the law on sentencing.

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