Written Answers Nos. 158-169
158. Deputy Shane Ross asked the Minister for Justice and Equality the new regulations that have been brought in to ensure that auctioneers are operating within transparent and accountable guidelines; his plans now or in the future to regulate the property industry from a purchaser perspective; and if he will make a statement on the matter. [39722/12]
Amharc ar fhreagraThe Property Services (Regulation) Act 2011 repealed the Auctioneers and House Agents Acts 1947 to 1973 which previously governed the licensing of auctioneers and house agents.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 license, control and regulate Property Service Providers (i.e. auctioneers/estate agents, letting agents and management agents). The new PSRA licensing system came into effect on 6 July 2012.
A key role of the Authority is to set and enforce standards in the provision of property services by auctioneers, letting agents and property management agents and to provide redress mechanisms for consumers of those services. 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.
Under the new legislation, the Authority is empowered to investigate complaints made against Property Service Providers and to initiate investigations for the purpose of ensuring compliance with the law. Any person may make a complaint, in writing, to the Authority against a property service provider in relation to the provision of a property service or the conduct of a property service provider in the course of providing a property service.
Where, on completion of an investigation the Authority is satisfied that the property service provider has engaged in improper conduct, it may impose any of the following sanctions:
- issue a reprimand, warning, caution or advice to the property service provider;
- revoke the property service provider's licence;
- suspend the property service provider's licence for a specified period;
- direct the property service provider to pay:
- up to €50,000 into the Property Services Compensation Fund,
- up to €50,000 to the Authority towards the cost of the investigation,
- up to €250,000 to the Authority by way of a financial penalty, or
- any combination of the foregoing.
159. Deputy Joe Higgins asked the Minister for Justice and Equality if he will confirm that the common law offence of misconduct in public office has passed into law here, along with other common law offences, on the formation of the Irish State. [39828/12]
Amharc ar fhreagraNo statutory provision has been made for the abolition of the common law offence of misconduct in public office.
160. Deputy Joe Higgins asked the Minister for Justice and Equality if he will state and list the number of cases of misconduct in public office which have been prosecuted since the formation of the State. [39829/12]
Amharc ar fhreagra161. Deputy Joe Higgins asked the Minister for Justice and Equality if the Garda Síochána has discretion as to whether or not to investigate a credible complaint of misconduct in public office as a matter of policy. [39830/12]
Amharc ar fhreagraI propose to take Questions Nos. 160 and 161 together.
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy. With regard to the investigation of complaints of misconduct in public office, I am advised by the Garda authorities that all credible complaints of criminal conduct received by An Garda Síochána are fully investigated.
162. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the number of gardaí by rank that were available for policing duties in the following districts in County Limerick in the years 2002 and 2012: Askeaton, Bruff, and Newcastle West; and if he will make a statement on the matter. [39855/12]
Amharc ar fhreagraThe 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 personnel strength of each Garda District in the Limerick Division on 31 December 2002 and on 31 July 2012, the latest date for which figures are readily available, is set out in the following tables. The breakdown by rank for 2002 is not readily available.
The Division is also supported by 47 Garda Reserves and 51 civilians. These resources are augmented, when appropriate, by Gardaí from national units such as the Garda National Drug Unit and the National Bureau of Criminal Investigation.
|
District |
31/12/2002 |
|
- |
Total |
|
Askeaton |
43 |
|
Bruff |
39 |
|
Newcastlewest |
43 |
District - 31/07/2012
|
- |
Gda |
Sgt |
Insp |
Supt |
C/Supt |
Total |
|
Askeaton |
33 |
5 |
|
|
|
38 |
|
Bruff |
39 |
6 |
|
1 |
|
46 |
|
Newcastlewest |
37 |
7 |
1 |
1 |
|
46 |
163. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the age, model and mileage of the Garda cars currently available in the Bruff, Askeaton and Newcastle West districts of County Limerick; the status of the traffic corps patrol car for the traffic corps unit based in Newcastle West; and if he will make a statement on the matter. [39856/12]
Amharc ar fhreagraThe provision and allocation of Garda resources, including transport, is a matter for the Garda Commissioner. In turn, at Garda Divisional level, the allocation of Garda vehicles is a matter for the Chief Superintendent who may make and revise arrangements for the deployment of vehicles throughout the Division in response to policing demands. This flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is crucial to the efficient management of the Garda fleet. As a consequence, the Deputy will appreciate that it is not practicable to provide details of permanent allocations of Garda vehicles.
However, I am informed by the Garda authorities that in total there are currently 15 Garda vehicles assigned to the Districts referred to by the Deputy, consisting of the following makes/models: Ford Mondeo, Focus and Fiesta and Toyota Avensis and Corolla. The average age of the vehicles concerned is approximately 5.4 years and the average mileage is approximately 241,400 kms. I am further advised that, arising from a traffic collision in June 2012, the Traffic Corps vehicle allocated to Newcastle West has been withdrawn from service.
164. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the total cost of free legal aid in 2011; the number of practitioners that provided legal advice under this scheme; the number of practitioners that were paid sums of €10,000 - €50,000, €50,000 - €100,000 and more than €100,000; and if he will make a statement on the matter. [39858/12]
Amharc ar fhreagraI can inform the Deputy that the provision of legal aid falls within two separate categories, i.e criminal legal aid and civil legal aid. Details in respect of each category are as follows:
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The assignment of lawyers or the granting of aid are matters for the Court and, as such, are handled by the judiciary.
Criminal Legal Aid 2011
|
Total Expenditure |
€56.1 million |
|
Number of Practitioners who received payments under the Scheme |
1,565* |
|
Number of Practitioners who were paid €10,000-50,000 |
384 |
|
Number of Practitioners who were paid €50,000-100,000 |
124 |
|
Number of Practitioners who were paid €100,000+ |
148 |
*Includes practitioners who were paid less than €10,000
Civil Legal Aid
The Legal Aid Board (LAB) is the statutory body which provides legal aid and advice in civil law matters. All Board services are governed by the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations.
Civil Legal Aid 2011
|
Total Cost |
€34.3 million |
|
Number of Practitioners who provided Civil Legal Aid |
878* |
|
Number of Practitioners who were paid €10,000-50,000 |
190 |
|
Number of Practitioners who were paid €50,000-100,000 |
24 |
|
Number of Practitioners who were paid €100,000+ |
4 |
*Includes practitioners who were paid less than €10,000
I wish to clarify for the Deputy that the Legal Aid Board provides 'legal aid' and not 'free legal aid'. The vast majority of persons receiving services from the Board pay a small financial contribution. Finally, in order to avoid the possibility of double counting, the Deputy should bear in mind that some practitioners may have provided services under both the civil and criminal legal aid schemes.
165. Deputy Paschal Donohoe asked the Minister for Justice and Equality the reason a passport was taken from a person (details supplied) at Dublin Airport in 2006; if the passport will be returned; and if he will make a statement on the matter. [39950/12]
Amharc ar fhreagraI am advised by the Garda authorities that the documents presented to the immigration officer by the person referred to by the Deputy were confiscated on suspicion of breaches of Immigration Law. These documents are now no longer valid and will not be returned. The person's case is currently under active consideration by the Irish Naturalisation and Immigration Service in the context of his immigration status.
166. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will consider expanding current limitations on the Garda age card in order that it would be recognised as a full identity card; and if he will make a statement on the matter. [39959/12]
Amharc ar fhreagraThe Garda Age Card is a voluntary proof of age card issued to persons over the age of 18 years under the Intoxicating Liquor Act 1988 (Age Card) Regulations 2010. The purpose of the card is to verify a person's age in relation to matters referred to in the Intoxicating Liquor Act, as provided for in section 40 of the Act. I can inform the Deputy that I have no plans to introduce measures to provide for the use of Garda Age Cards for other purposes.
167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to date and to be followed in the determination of residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [39976/12]
Amharc ar fhreagraArising 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 18 August, 2011, that the 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. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then 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 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.
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if in determination of entitlement to residency, he will take into consideration on compassionate grounds the health of the person's youngest child born here who has special needs; and if he will make a statement on the matter. [39977/12]
Amharc ar fhreagraThe case of the persons concerned will shortly 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. Various headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended), include family and domestic circumstances, the length of time the persons concerned have been in the State, character and conduct since arrival in the State, employment record and employment prospects as well as any humanitarian considerations advanced by the persons concerned. All representations submitted 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 persons 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.
169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position in the matter of determination of residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [39978/12]
Amharc ar fhreagraThere 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.
