Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 9 Oct 2012

Written Answers Nos. 439-459

Road Safety Issues

Ceisteanna (439)

Martin Heydon

Ceist:

439. Deputy Martin Heydon asked the Minister for Justice and Equality the position regarding the location of mobile speed cameras; if these locations are ever altered or varied; if they are specific to accident black spots; and if he will make a statement on the matter. [42815/12]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Garda authorities that excessive or inappropriate speeding continues to be a significant contributory factor in road traffic collisions, including fatal and serious injury collisions. As part of the Road Safety Strategy 2007 - 2012 and the strategic goals of An Garda Síochána, a targeted approach to speed enforcement is being undertaken in order to significantly reduce the incidence of fatal and serious injuries and improve road safety.

An Garda Síochána, in conjunction with the National Roads Authority, completed an extensive analysis of the collision history on the road network. Sections of road have been identified where a significant proportion of collisions occurred whereby speed was deemed the primary contributory factor. Based on this analysis, a list of speed enforcement zones has been developed with the aim of providing information to motorists in order to raise awareness of speeding in these zones. An Garda Síochána utilises these zones in order to direct speed enforcement activity, in a proportionate and targeted manner.

I am further informed that safety cameras only operate on sections of road which have a history of collisions occurring where speed was a contributory factor. The locations of these speed enforcement zones are in the public domain and are available on the Garda website. For operational reasons An Garda Síochána does not publish data in respect of speeding detections made at specific locations. Data in respect of collision history is collated by the Road Safety Authority. Surveys continue to be conducted to ensure the appropriate deployment of safety cameras on roads which have been identified as subject of inappropriate speed and where fatal and serious injury collisions continue to occur.

Residential Property Prices Register

Ceisteanna (440)

Michael Healy-Rae

Ceist:

440. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the reason for setting up a public register online to show the private transactions of persons in the sale of property and the amounts of money involved; the way this is in the best interest of the public; and if he will make a statement on the matter. [43276/12]

Amharc ar fhreagra

Freagraí scríofa

The Residential Property Price Register has been published by the Property Services Regulatory Authority in accordance with the provisions of Section 86 of the Property Services (Regulation) Act 2011. The Register includes information on residential properties purchased in Ireland since 1 January 2010, as declared to the Revenue Commissioners for stamp duty purposes. The Register contains the price paid for individual properties and contains details of all residential sales. The particulars published in the Register include the price, the date of sale and the address (including house number) of each residential property sold in Ireland since January 2010.

The publication of the Residential Property Price Register fulfils a key programme for Government commitment to improve the quality of information available on the Irish housing market by requiring that the selling price of all dwellings is recorded in a publicly available, national housing price database. In recent years, because of the steep downturn in the property market, it has been difficult to get accurate information on property prices. This uncertainty has led to a lack of investor confidence and has contributed to stagnation in the property market. The publication of the register should help to remove some of this uncertainty, restore some confidence in the property market and provide transparency in residential property sale prices.

The Register is not intended as a property price index. The details made available on the register are limited to price, address and date of sale and do not include such details as property size or number of rooms. It is simply designed to provide, on an ongoing basis, accurate prices of residential properties purchased at a particular date.

Visa Applications

Ceisteanna (441, 442)

Éamon Ó Cuív

Ceist:

441. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the average time it takes for a Chinese national living in China to get a visa to travel to Ireland on business or as a tourist; the requirements for a visa; and if he will make a statement on the matter. [43456/12]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

442. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality in view of the potential of the Chinese market to Ireland, the steps he is taking to expedite the issuing of visas to Chinese nationals wishing to visit this country for either business or pleasure purposes; and if he will make a statement on the matter. [43457/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 441 and 442 together.

Visa applications for Chinese Nationals living in China are handled by the Irish Visa Office in Beijing. That office is an office of the Irish Naturalisation and Immigration Service (I.N.I.S.) and it handles all aspects of visa applications including appeals. In general business visas are processed within two to five working days of receipt and visit visa applications for Chinese nationals within one to three weeks. This time frame is dependent on all the required documentation being provided with no queries remaining outstanding. It should also be noted that the approval rate for Irish visa applications lodged in China is in excess of 90%.

Guidelines on the visa application process for nationals of China, including details of the required supporting documentation can be found on the website www.embassyofireland.cn. I would also draw the Deputy's attention the following initiatives which are in operation in the Visa Office in China currently:

- The Short-stay Visa Waiver Programme, which allows tourists or business people who have lawfully entered the UK, including Northern Ireland, on a valid UK visa to travel on to Ireland without the requirement to obtain an Irish visa. The Government decided on 12 March to extend the Programme for a further period of four years i.e. to end October 2016, in light, particularly, of the positive response from tourism agencies and operators. The Visa Waiver Programme covers nationals of a total of sixteen countries, including China, where it has been a particular success. For example, I am informed by my colleague, the Minister for Transport, Tourism and Sport, that since the introduction of the Programme, 36 new tour operator itineraries to Ireland from China have been established, while existing itineraries have also experienced growth.

- With effect from 1 August, 2012, a more liberal multi-entry visa regime for business travellers and other visitors was implemented in the Irish Visa Office in Beijing. The regime allows for the issue of scaled term multi-entry visas of up to three years duration depending on the applicant's previous international visa history.

- In recognition of the growing number of independent tourists from China, a scheme was introduced in the Beijing Visa Office earlier this year under which independent travellers who had no connection with Ireland could apply for a visa, whereas previously they had to have an invite or be a member of an official Approved Destination Status (ADS) tour. The requirements for such a visa have been simplified and I am informed that Tourism Ireland has welcomed this initiative.

- For several years now, the Embassy in Beijing has been operating a scheme for Approved Destination Status (ADS) tourists. ADS group tourism visas were the main tourist visa obtained by Chinese citizens to travel worldwide - the approval to travel for their citizens must come from the Chinese authorities. Several measures were introduced to encourage this type of tourist to Ireland resulting in an ADS visa being one of the most straightforward and quickest Irish visa to obtain with processing times being less than three working days normally. The success of the Visa Waiver Programme has, to a large extent, eliminated the use of ADS visas for travel to Ireland alone.

My Department is constantly seeking ways in which the visa system can facilitate increased business and tourist visas from growing markets such as China and, in this regard, meets regularly with tourism and business promotion agencies to discuss initiatives in this area.

Refugee Status Applications

Ceisteanna (443)

Nicky McFadden

Ceist:

443. Deputy Nicky McFadden asked the Minister for Justice and Equality if there are alternative options available in terms of identification to those whose applications for asylum are refused and their photo IDs are removed from their possession; and if he will make a statement on the matter. [42692/12]

Amharc ar fhreagra

Freagraí scríofa

When asylum applicants arrives in the State they are provided with a Temporary Residence Card, TRC. The issuing of TRCs comes within the provisions of Section 9 of the Refugee Act 1996 which provides that persons arriving at the frontiers seeking asylum must be given leave to enter the State and are entitled to remain until: (a) their application is transferred under the EU Dublin Regulation (EC 343/2003); (b) the application is withdrawn or deemed withdrawn; or (c) the date on which notice is sent that the Minister has refused the application.

Persons whose applications are concluded are outside the asylum process and their entitlement to remain in the State under the provisions of the Refugee Act ceases. Appropriate arrangements are in place with relevant State agencies to confirm the status of such persons. The TRC specifically states on it that it is not an identity card and cannot be relied on as such.

Citizenship Applications

Ceisteanna (444)

Nicky McFadden

Ceist:

444. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will clarify the rights afforded to a baby born here to parents who are waiting on decisions on their applications for asylum; and if he will make a statement on the matter. [42695/12]

Amharc ar fhreagra

Freagraí scríofa

A child born in the State to parents who are seeking asylum has a right to reside in the State while his/her parents asylum application(s) are being processed. It is important for the parents of the child to inform the Office of the Refugee Applications Commissioner of the birth of the child and to either link the child's status to the parent's application for asylum or to make an application for asylum in the child's own right.

Following the enactment of the Irish Nationality and Citizenship Act, 2004, children born of certain foreign national parents on or after 1 January 2005 are not automatically entitled to Irish citizenship. A child born in the island of Ireland on or after 1 January 2005 is entitled to Irish citizenship if they have a British parent or a parent who is entitled to live in Northern Ireland or the Irish State without restriction on their residency. Other foreign national parents of children born in the island of Ireland on or after 1 January 2005 must prove that they have a genuine link to Ireland. This will be evidenced by their having three out of the previous four years reckonable residence in the island of Ireland immediately before the birth of the child. (Time spent in Ireland as an asylum seeker does not constitute reckonable residence under Irish law). On proof of a genuine link to Ireland their child will be entitled to Irish citizenship and can apply for a certificate of nationality.

Coroners Service

Ceisteanna (445)

Marcella Corcoran Kennedy

Ceist:

445. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality if a post mortem has been conducted on a person (details supplied) in County Offaly and when results will be made available to the family; and if he will make a statement on the matter. [42699/12]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that many factors influence the time it takes for post-mortem reports to be received by a Coroner from the pathologist concerned. I understand from the Dublin Coroner's office that in their experience it generally takes between 3 and 6 months for a post-mortem report to be received but that this may take longer where further specialist tests are required (e.g. toxicology, histology and microbiology tests). In this particular case, I can confirm that a post mortem was carried out in the Mater Hospital, and the Coroners Office is awaiting the results. The family in question can contact the Dublin Coroner's Office directly where they will be informed of any developments.

Ground Rents Abolition

Ceisteanna (446)

John Halligan

Ceist:

446. Deputy John Halligan asked the Minister for Justice and Equality notwithstanding either the provisions contained in Part III of the Landlord and Tenant (Grounds Rents) (No. 2) Act 1978 which contains a statutory scheme whereby the fee simple interest in lands upon which a dwelling is constructed may be purchased by the property owner, or the abandoned 1997 Fianna Fáil PMM - the Landlord and Tenant (Ground Rent Abolition) Bill which at the time received the support of Dáil Éireann and was referred to the Select Committee on Equality and Law Reform, his plans to bring forward further legislation to entirely abolish the requirement to pay these ground rents; and if he will make a statement on the matter. [42717/12]

Amharc ar fhreagra

Freagraí scríofa

The position is that section 2 of the Landlord and Tenant (Ground Rents) Act 1978 introduced a prohibition on the creation of new leases reserving ground rents on dwellings. As regards existing ground rents, as the Deputy is aware, Part III of the Landlord and Tenant (Ground Rents) (No.2) Act 1978 contains a statutory scheme whereby a person may, at reasonable cost, acquire the fee simple in their dwelling. To date, over 80,000 applicants have acquired freehold title to their property under this scheme. In the case of property other than dwellings, the Landlord and Tenant (Ground Rents) Act 1967 contains provisions which facilitate acquisition of the fee simple subject to agreed terms or on terms set out in an arbitration carried out by the County Registrar.

As regards the possibility of future legislation, the position is that abolition of ground rents was considered by the All-Party Oireachtas Committee on the Constitution in their 2004 Report 'Private Property'. The Committee took the view that a ground landlord's ground rent is a form of property right which is constitutionally protected and that abolition of such rents would be unconstitutional in the absence of adequate monetary compensation. The Committee also noted in this regard that where leases were approaching expiry, any further legislation providing for the abolition of ground rents would have to provide for the payment of enhanced compensation by the ground tenant. In light of the foregoing, I have no immediate plans to introduce further legislation in this area. Operation of the existing law will, however, be kept under review by my Department.

Magdalen Laundries Issues

Ceisteanna (447)

Maureen O'Sullivan

Ceist:

447. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the reason only ten Magdalene Laundries will be included in the final report of inter-departmental committee and will not include the Magdalene Laundry (details supplied); the reasons for some Magdalene Laundries and or religious institutions designed for the same purposes as those listed will not be investigated; and if he will make a statement on the matter. [42725/12]

Amharc ar fhreagra

Freagraí scríofa

The Government has charged the inter-departmental committee with clarifying any State interaction with the Magdalene institutions, of which there were ten, and producing a narrative detailing such interaction. Magdalene institutions have been recognised in this and other jurisdictions as places established primarily for the purpose of providing refuge or asylum for women of all ages. At the time the State was established there were 10 Magdalene institutions in the 26 counties which were run by religious congregations. There were many other institutions in the State operated by religious orders including schools, training centres and hospitals with laundries attached but this does not make them Magdalene institutions.

The institution referred to was not a Magdalene institution. It was an Industrial School with a laundry attached and as such is listed in the Schedule to the Residential Institutions Redress Act 2002 which provided for the establishment of the Redress Board.

Asylum Seeker Accommodation

Ceisteanna (448)

Nicky McFadden

Ceist:

448. Deputy Nicky McFadden asked the Minister for Justice and Equality if companies who operate asylum accommodation here are subject to central guidelines or rules in terms of day-to-day running of those centres; if individual companies operate their own management rules; if conditions vary in accommodation centres; and if he will make a statement on the matter. [42731/12]

Amharc ar fhreagra

Freagraí scríofa

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers through the Government policy of Direct Provision while their applications for asylum are being processed. The Direct Provision system provides asylum seekers with full board accommodation, free of utility or other costs. Currently, there are 36 asylum accommodation centres in the State accommodating just under 5,000 persons. Seven of the centres are State owned and the remainder are owned by private companies. All centres are managed, under contract to RIA, by private companies employing their own staff. All companies are contractually required to comply with legal requirements in relation to health and safety, food safety and so on. As is normal, companies have their own management rules and practices and once these do not conflict with RIA requirements, RIA does not seek to interfere.

Plainly, how a centre is managed is determined by a number of factors, not least the profile of persons being accommodated and the physical layout of the centre. Of the current 36 asylum centres in RIA's portfolio, only 3 were specifically built for the sole purpose of accommodating asylum seekers i.e. were 'system built'. All other centres must operate within the physical limitations of the premises' original use e.g. hotel, college dormitory, hostel, etc. While all conform, at the very least, to minimum contractual and legislative standards, there are necessarily a range of facilities available in centres in the overall RIA portfolio, deriving from this original use. This being the case, a number of centres have developed their own rules which complement and act in tandem with the RIA requirements, as follows, and these are generally geared towards providing information on the routine in the specific centre concerned.

The following RIA-produced documents - all available on its website www.ria.gov.ie - set out the basic requirements which must be satisfied by a contractor:

(i) The contract itself: The basic standard provisions of a RIA contract are set out in a sample contained in RIA's 2011 Annual Report which is available on its website.

(ii) RIA's House Rules and Procedures: These set out the entitlements and obligations placed on centre management and on residents and, in the event that these are not being met, a complaints procedures to be invoked by either party.

(iii) RIA Code of Practice: This describes the standards of professional practice required of persons working in accommodation centres as they go about their daily work. The Code ensures that workers know what standards of practice employers, colleagues, service users and the public expect of them.

(iv) Child Protection Policy-Garda Vetting: RIA takes the issue of child protection very seriously and all staff in centres must be Garda vetted and comply with RIA's Children First policy.

Deportation Orders Data

Ceisteanna (449)

Nicky McFadden

Ceist:

449. Deputy Nicky McFadden asked the Minister for Justice and Equality the current procedure used to notify asylum seekers of deportation orders; the amount of notice that is given to the person concerned; if information is provided to them in relation to an appeals process; and if he will make a statement on the matter. [42733/12]

Amharc ar fhreagra

Freagraí scríofa

Following the signing of a Deportation Order a letter issues from my Department's Repatriation Section informing the person that a Deportation Order has been made in respect of them and that they must present themselves at the Garda National Immigration Bureau (GNIB) to make arrangements for their removal from the State. Seventeen days notice is allowed for the person to make arrangements.

I would urge anyone who is the subject of a Deportation Order to cooperate fully with the Garda National Immigration Bureau. I would also add that a person who is the subject of a Deportation Order is required in law to remove themselves from the State; the question of them being deported arises when they fail to leave the State.

Property Services Regulation

Ceisteanna (450, 451, 452)

Michelle Mulherin

Ceist:

450. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of property service provider licence applicants that have been notified by the property services regulatory authority not to continue to trade until they have supplied evidence in support of qualifications/professional experience claimed; and if he will make a statement on the matter. [42792/12]

Amharc ar fhreagra

Michelle Mulherin

Ceist:

451. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of applicants for property service provider licence that have failed to supply evidence in support of qualifications/professional experience claimed and or whose applications are deemed incomplete to date due to the failure to supply said evidence; and if he will make a statement on the matter. [42793/12]

Amharc ar fhreagra

Michelle Mulherin

Ceist:

452. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of applications that have been received by the Property Services Regulatory Authority for a licence pursuant to the Property Services (Regulations) Act, 2011; the number of same that have been validated and granted; and if he will make a statement on the matter. [42794/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 450 to 452, inclusive, together.

I am advised by the Property Services Regulatory Authority that initially the Authority received in excess of 5,100 licence applications from Property Service Providers. Some 721 applications were returned because either the declaration on the application form was unsigned or the appropriate fee was not tendered. Many of these applications were subsequently resubmitted and at present the Authority has 5,107 applications on hand.

Section 99 of the Property Services (Regulation) Act 2011 provides that persons, who were lawfully providing a property service prior to the coming into effect of the new licensing system on 6 July 2012, could continue to provide such property service pending a determination of their licence application by the Authority. Consequently, before undertaking the detailed examination of the licence applications it was necessary for the Authority to carry out an initial examination to determine which applicants came within the remit of section 99 of the Act. On completion of this examination all applicants were written to and informed whether or not they were covered by the provisions of section 99. Of the 5,107 licence applicants, 301 were informed that they could not avail of section 99 as they had not provided sufficient evidence of their having been lawfully providing property services prior to 6 July 2012.

All applications have now been input into the database, the application details have been verified and the process of detailed vetting of the applications is underway. To date it has been necessary to write to over 60% of applicants due to the fact that applications have either been incorrectly completed or relevant documentation has not been supplied. The reasons why applications have not been accepted are myriad including the failure of applicants to provide: sufficient evidence of qualifications; evidence of being tax compliant; appropriate Accountant's Report; appropriate Professional Indemnity Insurance; Certificate of Incorporation in the case of companies; Business Registration Certificate; Appropriate answers to certain questions relating to criminal convictions, etc. In a number of instances applicants failed to indicate the licence type being applied for and furnish photographs. Because it has been necessary to write to so many applicants the licensing process has taken much longer than originally anticipated. However, to date letters have issued to over 350 applicants informing them of the Authority's intention to grant a licence. It is hoped to have the process complete in the next 8 to 10 weeks.

Great care must be exercised in this, the first year of licensing to ensure that only those who fully meet the new licensing requirements are approved. As a consequence the process is time consuming. While it is recognised that this time of change involves more input from the industry, the greater care taken in these initial stages will ensure that in future years the process will be more streamlined and simpler for applicants.

Visa Applications

Ceisteanna (453)

Marcella Corcoran Kennedy

Ceist:

453. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality his plans to issue a technology visa in order to fill any existing technology skills deficit here. [42802/12]

Amharc ar fhreagra

Freagraí scríofa

I would refer the Deputy to my answer to Parliamentary Questions 31684/12 and 31686/12 on 3 July last, which is reproduced for the Deputy's information.

While I am not averse in principle to the establishment of an immigration regime specifically geared to the technology sector, it would have to be on the basis that there was concrete evidence of a particular skills deficit in the labour market that cannot be filled by Irish or EU citizens. That labour market assessment would ultimately be a matter for my colleague the Minister for Jobs Enterprise and Innovation. In this regard it should be borne in mind that the technology sector spans a broad range of skills with differing levels of supply and demand. I would also envisage that applicants for any such programmes would be subject to a rigorous assessment of their qualifications and experience to ensure that their skill sets are appropriate for the sector in question.

In any event, the existing visa application arrangements are entirely flexible and designed to cater for the widest possible range of applicants who may wish to come here as workers, visitors, professionals and so forth.

Crime Data

Ceisteanna (454)

Robert Dowds

Ceist:

454. Deputy Robert Dowds asked the Minister for Justice and Equality the number of convictions for driving under the influence of illegal drugs since March 2011. [42821/12]

Amharc ar fhreagra

Freagraí scríofa

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.

Visa Applications

Ceisteanna (455)

Robert Troy

Ceist:

455. Deputy Robert Troy asked the Minister for Justice and Equality if a person (details supplied) will receive a visa before 8 October 2012. [42852/12]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that a decision has issued in respect of the visa application referred to and the applicant has been advised of same. The visa application was submitted to the Consulate General of Ireland in Manila on 5 September 2012. It was received in the visa office in Dublin for processing on 12 September 2012. A decision was made on the application on 3 October 2012.

Queries on the status of individual immigration cases may be directed 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.

Organised Crime

Ceisteanna (456)

Finian McGrath

Ceist:

456. Deputy Finian McGrath asked the Minister for Justice and Equality the precautions being taken regarding the pipe bombs which are continually being set off in an area (details supplied). [42857/12]

Amharc ar fhreagra

Freagraí scríofa

The Garda Síochána is aware of and is currently investigating a number of incidents involving pipe bombs in the area referred to by the Deputy. A number of firearms as well as ammunition and suspect devices were recovered by the gardaí in the course of these investigations and one person was arrested. The Garda Síochána's Policing Plan 2012 sets out its commitment to proactively target groups and individuals engaged in serious and organised crime, including those involved with improvised explosive devices. The gardaí are committed to eradicating this particular form of criminality.

Residency Permits

Ceisteanna (457)

Pádraig MacLochlainn

Ceist:

457. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of children of migrant workers between the ages of 16 and 24 who are currently registered in the State and a breakdown of the types of residency stamps issued to these children. [42859/12]

Amharc ar fhreagra

Freagraí scríofa

Records held on the Garda National Immigration Bureau Information System, which is the statutory register for non-nationals residing in the State, indicate that a total of 17,303 persons between the ages of 16 and 24 are currently registered in the State. Records on the system do not indicate which of these persons are the children of migrant workers. To seek to obtain the information on the numbers who are children of migrant workers would require a disproportionate use of time and resources, and could not be done without having An Garda Síochána engage in an extensive trawl of records which could be carried out only at the expense of other important work.

Asylum Support Services

Ceisteanna (458)

Nicky McFadden

Ceist:

458. Deputy Nicky McFadden asked the Minister for Justice and Equality if he has considered the Irish Refugee Council's report, Roadmap for Asylum Reform; if any of the recommendations in the report are being progressed in policy; and if he will make a statement on the matter. [42867/12]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the report referred to by the Deputy and the recommendations therein which essentially concern the introduction of a Single Protection Procedure, issues relating to the processing of asylum applications and a call from the Irish Refugee Council for a single independent appeals tribunal dealing with asylum and immigration cases. As the Deputy may be aware, the Immigration, Residence and Protection Bill 2010 provides for the establishment of a single protection application procedure and a new appeals body. Work on the details of the Bill is ongoing at my Department pursuant to current Government policy which is committed, under the Programme for National Recovery, to "introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way".

As I have outlined previously to the Oireachtas Joint Committee on Justice, Equality and Defence, several hundred amendments to the Bill are anticipated, the majority of a technical nature. At the joint committee I also expressed the considered view that instead of engaging in an extremely cumbersome process of tabling hundreds of amendments to the 2010 Bill it would be much more efficient to publish a new and enhanced one that would incorporate the anticipated amendments while addressing key outstanding issues several of which have been of previous concern to Members. This proposition was broadly welcomed by the joint committee which I very much appreciate given the protracted history of this piece of legislation. Work on the Bill will continue therefore, including in cooperation with the Offices of Parliamentary Counsel and of the Attorney General. It remains my objective under this new approach, and mindful of the competing legislative demands of our EU/IMF/ECB Programme commitments, to be in a position to bring the new Bill to Government for approval and publication later this year.

Finally, and not wishing to go into the details of the Report in question, I would point out, for example, that the independence of the appeals procedure has been upheld by the High Court and subsequently in a recent opinion of the Advocate-General of the Court of Justice of the European Union (Case C-175/11).

Programme for Government Implementation

Ceisteanna (459)

Simon Harris

Ceist:

459. Deputy Simon Harris asked the Minister for Justice and Equality if he will outline in tabular form the commitments in the Programme for Government pertaining to his ministerial portfolio; the current status of these commitments in terms of implementation; and if he will make a statement on the matter. [42883/12]

Amharc ar fhreagra

Freagraí scríofa

Last March the Government published the first Annual Report of the Programme for Government setting out progress to that date and it is the intention of the Government to publish the second annual report in March 2013. The current status of commitments in the Programme for Government pertaining to my Department is as follows.

Commitment

Status (Completed/In Progress/Under Review)

We will fast-track the substantial reforms needed for our bankruptcy legislation to bring us into line with best international standards, focusing on a flexible personal bankruptcy system that reduces discharge time for honest bankrupts.

In Progress

We will legislate to end upward only rent reviews for existing leases.

It has not proved possible to develop a targeted scheme to tackle this issue.

We will explore the possibility of a new agreement on visitor visas with the UK, offering tourists the opportunity to visit the UK and Ireland with one visa, at a reasonable cost to tap into the tourism market for significant events.

Completed

We will permit postgraduate students to be allowed work here for up to a year after they complete their studies. High value research students will be permitted to bring families if they are staying more than two years.

Completed

A referendum to amend the Constitution to allow the State to cut the salaries of judges in restricted circumstances as part of a general cut across the public sector.

Completed

We will amend the Official Secrets Act, retaining a criminal sanction only for breaches which involve a serious threat to the vital interests of the State.

Under Review

We will halve the cost of the existing provision of ministerial transport. We will provide for the efficient use of transport including the release of Garda drivers to normal policing duties. We will end the automatic right to State cars for former office holders and other State officials.

Completed

Improve co-ordination and integration to delivery of services to the Traveller community across all Government Departments, using available resources more effectively to deliver on principles of social inclusion, particularly in area of Traveller education through the DEIS programme.

In Progress

Fast-tracking personal bankruptcy reform needed to bring us into line with best international standards, such as introducing a flexible discharge period for “honest bankrupts”, defined as one that has materially complied with the Tax, NAMA and Companies Acts among others.

In Progress

We will improve the quality of information available on the Irish housing market by requiring that the selling price of all dwellings is recorded in a publically available, national housing price database.

Completed

Enact legislation to strengthen the rights of victims of crime and their families, to ensure that victims and their needs are at the heart of the justice process and that rights to information, advice and other appropriate assistance are met effectively and efficiently.

In Progress

Ensure that rogue bankers and all those that misappropriate or embezzle funds are properly pursued for their crimes and that the full rigours of the law will apply to them.

In Progress

Enact a new consolidated and reformed anti-corruption law to punish white collar crime and end the impunity from consequences for corporate behaviour that threatens the economy.

In Progress

Strengthen measures to ensure that convicted white collar criminals cannot transfer assets to spouses or other family members and we will empower the Criminal Assets Bureau to pursue such convicted white collar criminals for any legal aid costs awarded to them.

Under Review

Enact legislation to strengthen the powers of the Criminal Assets Bureau in relation to forfeiting the proceeds of crime.

In Progress

Establish a DNA Database to assist the Garda in the investigation of serious crime, such as homicides and sexual offences. The database will also be utilised to enhance cooperation with the EU in the area of asylum and immigration. There will be appropriate safeguards in relation to inclusion on and access to the DNA database.

In Progress

Provide statutory guidelines for the witness protection programme.

In Progress

Introduce X-ray scanners to all prisons to screen people and goods entering prisons to stop the flow of drugs and mobile telephones into prisons.

Completed

Ensure that administrative duties are carried out by civilian staff in order to free up highly trained gardaí for preventing and detecting crime.

In Progress

Reform the prosecution and judicial case management systems so as to reduce the number of gardaí unnecessarily detained in the courts.

In Progress

Fully implement the Fines Act 2010 and extend the use of Community Service Orders. Where a member of the judiciary is considering the imposition of a prison sentence of one year or less, he/she will be required by legislation to first consider the appropriateness of Community Service Orders as an alternative to imprisonment.

Under Review (Implementation of Fines Act 2010)

Completed (Extension of Community Service Orders)

End the practice of imprisoning people who cannot pay fines and debts and introduce a system which takes a small amount of money from wages or social welfare by “attachment order” to pay off a fine or debt over time, as an alternative to imprisonment for people who refuse to pay.

Under Review

Introduce legislation to ensure that aggravating factors are considered in sentencing and to allow for the criminal prosecution service to make a submission on sentence, which draws to the court's attention aggravating factors which relate to the crime.

Under Review

Introduce a series of post-imprisonment restraint orders for violent and sexual offenders to include electronic tagging and other restrictions, which may be imposed at the time of sentencing.

In Progress

Violent and sexual offenders may only earn remission based on good behaviour, participation in education and training, and completion of addiction treatment programmes and, where appropriate, sex offender programmes. We will review the workings of the Prison Act 2007 to incentivise engagement with rehabilitative services in prison.

In Progress

Strengthen the Inspector of Prisons, by putting the office on a statutory footing and removing restrictions on publication by the Inspector of Prisons of his/her reports.

In Progress

Prison visiting committees will furnish their reports to the Inspector of Prisons who will be under an obligation to publish them. The Inspector of Prisons will make an annual report to the Minister for Justice and Equality and the Oireachtas Justice Committee, and will be empowered to appear before that committee on such other occasions as may be appropriate.

In Progress

Ensure better coordination between the Irish Prison Service and the Probation Service to create an integrated offender management programme.

In Progress

Review will be conducted of the working of mandatory sentencing laws in the context of an overall review of drugs policy.

In Progress

Review the proposal to build a new prison at Thornton Hall and consider alternatives, if any, to avoid the costs yet to be incurred by the state in building such a new prison. We are conscious of the need to provide in-cell sanitation to all prisons and, in so far as resources permit, to upgrade prison facilities.

Under Review

Tackle anti-social behaviour and the plague of low level crime that is so destructive of community life.

In Progress

Build on the existing community policing partnerships and forums to enhance trust between local communities and the Garda.

In Progress

Give special emphasis to alternative programmes for juvenile offenders through extensions to the Juvenile Liaison Officer scheme and the Garda Juvenile Diversion Programme, and the extended use of restorative justice where appropriate.

In Progress

Examine outcomes-based contracts with community organisations to help reduce re-offending by young people, based on the social impact bond model in the UK.

In Progress

Strengthen the supply reduction effort and criminal assets seizures, particularly at local level.

In Progress

Reduce the flow of drugs to prisons.

In Progress

Carry out a full review of the Drug Treatment Court Programme to evaluate its success and potential in dealing with young offenders identified as having serious problems with drugs.

In Progress

Legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges.

In Progress

Introduce a constitutional amendment to allow Government to reduce the pay of the judiciary as a whole in line with other public sector reductions. We will also provide a modern and reformed framework for judicial expenses.

Completed

Introduce a constitutional amendment to allow for the establishment of a distinct and separate system of family courts to streamline family law court processes and make them more efficient and less costly. We will take the necessary steps to create a permanent Civil Court of Appeal.

In Progress

Encourage and facilitate use of mediation to resolve commercial, civil and family disputes in order to speed up resolution of disputes, reduce legal costs and ameliorate the stress of contested court proceedings.

In Progress

Provide for a Commercial Court to facilitate speedy resolution of disputes at Circuit Court level, where monies in dispute do not warrant High Court jurisdiction.

Under Review

Introduce legislation to facilitate courts making provision for structured settlements in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another.

In Progress

Create an enforcement mechanism for District Court maintenance orders in family cases.

Completed

We will modernise and reform outdated elements of family law.

In Progress

Introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation in a manner that provides protection to victims.

In Progress

Establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints.

In Progress

Introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way.

In Progress

Provide for the efficient processing and determination of citizenship applications within a reasonable time.

Completed

Ensure that all State boards have at least 40% of each gender.

In Progress

Promote greater co-ordination and integration of delivery of services to the Traveller community across Government, using available resources more effectively to deliver on principles of social inclusion, particularly in the area of Traveller education.

In Progress

Ensure that trans-gender people will have legal recognition and extend the protections of the equality legislation to them.

In Progress

Require all public bodies to take due note of equality and human rights in carrying out their functions.

In Progress

Promote policies which integrate minority ethnic groups in Ireland, and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities.

In Progress

Publish, following wide consultation, a realistic implementation plan for the National Disability Strategy, including sectoral plans with achievable timescales and targets within available resources. Ensuring whole-of-Government involvement and monitoring of the strategy, in partnership with the disability sector.

In Progress

Examine different mechanisms to promote the recognition of Irish sign language.

In Progress

Reform the law on mental capacity to ensure the greatest degree of autonomy for people with intellectual disabilities or suffering with mental illnesses in line with the UN Convention on the Rights of Persons with Disabilities.

In Progress

We will enact legislation to amend tax and social welfare law in respect of civil partnerships. We will amend the Civil Partnership and Certain Rights and Obligations of Cohabiting Couples Act 2010 to address any anomalies or omissions, including those relating to children.

In Progress

We will modernise and reform outdated elements of family law.

In Progress

We will enhance the Irish role in EU judicial and home affairs co-operation.

In Progress

Barr
Roinn