Written Answers Nos. 181-191
181. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality with regards to the Personal Insolvency Bill, if he will consider shortening the duration of bankruptcy and voluntary debt settlement agreements to two years, for a limited period, in order to clear the household debt overhang at a minimal social cost; and if he will make a statement on the matter. [46863/12]
Amharc ar fhreagraI appreciate the sentiments behind the Deputy's proposal in seeking to consider the best approach to the duration of the debt resolution arrangements to be provided under the Personal Insolvency Bill 2012. However, I could not consider at this point, such a radical shortening as the Deputy proposes of the various durations of the debt resolution arrangements as contained in the Bill. I do not believe that it would achieve a broad desirable outcome as he suggests.
The Personal Insolvency Bill 2012 provides for three new, essentially non-judicial debt resolution processes. The Debt Relief Notice provides, where approved, for an immediate write-off of qualifying debt up to €20,000, though the debtor is subject to a supervision period of 3 years. The Debt Settlement Arrangement provides for the negotiated and agreed resolution of unsecured debt only. There is no limit on such debt and the Arrangement should not normally exceed 5 years in duration. The Personal Insolvency Arrangement provides for the negotiated and agreed resolution of both secured debt - up to a limit if €3 million - and unsecured debt where there is again no limit. The Personal Insolvency Arrangement which is a significant and unique approach to seeking to deal with indebtedness should not normally exceed 6 years.
The significant reform which the Bill provides for in regard to the judicial bankruptcy process is that there shall be automatic discharge from bankruptcy after 3 years, as opposed to the current 12 years. This reduction is I believe a proportionate response in the context of this judicial process and is consistent having regard to international comparisons, though I appreciate not necessarily that of our neighbouring jurisdiction. Again, I would reiterate that bankruptcy is a process not be entered into lightly.
The provision in regard to the Debt Settlement Arrangement mirrors similar time frames allowed for the settlement of unsecured credit in other common law jurisdictions. It permits a reasonable time period for the debtor to make payments to creditors and to receive the likely discount on his or her debts. Thus, creditors and debtors enter, following negotiation, into a consensual arrangement to resolve debt issues relating to unsecured debt. In circumstances where, at the end of the period, a significant amount of the debt will be written-off, there must be some incentive for creditors to enter into such an agreement. The Deputy's proposal to shorten the period to 2 years would make it very difficult to facilitate the conclusion of an arrangement in most cases. It is also counterproductive in that it would present a major disincentive to creditors ever agreeing to a settlement. There must be a facility, within a specified time line, for some payments to be made.
Likewise in the Personal Insolvency Arrangement, which covers both secured debt and unsecured debt, and is a quite unique proposal not yet replicated elsewhere. I believe that the normal period of 6 years duration is of reasonable length for the debtor to fulfil the terms of the arrangement. The terms of the arrangement may include significant debt write-offs by creditors, including in regard to the debtor's principal private residence. There must be a reasonable period of time during which the arrangement remains in place so that some portion of the debt is discharged. During this time, the debtor continues to live in their home. The new debt resolution processes are designed to provide a viable alternative for most debtors and creditors to petitioning for judicial bankruptcy. They are designed to be attractive to all parties concerned and to provide the optimal outcome in regard to the broader economic and social perspectives.
182. Deputy Seamus Kirk asked the Minister for Justice and Equality if a quota arrangement exists for entry into Ireland from recently joined EU States; the detail of same; and if he will make a statement on the matter. [46551/12]
Amharc ar fhreagraEU nationals enjoy Free Movement Rights in Ireland and no quotas apply.
183. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding car parking in an area (details supplied) in Dublin 3. [46554/12]
Amharc ar fhreagraI am informed by the Garda authorities that the location is a residential road within the Clontarf Garda Sub-District in which the majority of houses do not have a driveway and avail of on-street parking. I am further informed that local Garda management have received no specific complaints in respect of the vehicles referred to by the Deputy and there is currently no issue of concern regarding either vehicle. I am assured by the Garda authorities that community policing is a central feature within this area and a designated Community Garda regularly visits the area and will monitor the situation. Furthermore, Divisional and Regional Traffic members will continue to conduct appropriate enforcement operations to prevent and detect breaches of road traffic legislation.
184. Deputy Michael McCarthy asked the Minister for Justice and Equality the reason an application for naturalisation has not yet been decided upon in respect of a person (details supplied); and if he will make a statement on the matter. [46578/12]
Amharc ar fhreagraI am advised by 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 July, 2010. 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. The nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process.
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. It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I can, however, inform the Deputy that enormous progress has been made in dealing with the backlog and steps are being taken to process all outstanding applications and to have made significant inroads into them by the end of this year.
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.
185. Deputy Catherine Murphy asked the Minister for Justice and Equality if there are any circumstances under which the non-EEA national spouse of a naturalised Irish may only be awarded a stamp 4 residence stamp instead of a stamp 4 EU FAM residence stamp; and if he will make a statement on the matter. [46605/12]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that a non EEA national married to an EU citizen is registered with a stamp 4 EU FAM. A non EEA national married to an Irish national is registered with a Stamp 4. The non-EEA spouse of an EU citizen exercising EU Treaty rights in accordance with the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the Regulations) has his or her application for residence dealt with under those Regulations. In the event that they are considered to be a family member of an EU citizen and provided they meet the requirements of the Regulations, they may be granted a a stamp 4 EU FAM.
The relevant EU instrument in this area is the EU Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Free Movement Directive) which only applies to EU nationals who exercise free movements rights by moving to another EU Member State other than that which they are a national of, to work or be self-employed or has sufficient resources or study with private medical insurance for himself/herself, his or her spouse, and any accompanying dependants. It does not therefore apply to an Irish citizen who remains in Ireland or who has not exercised their EU Treaty Rights previously in another EU Member State. In such circumstances, a non-EEA national spouse who wishes to reside in the State on the basis of their marriage to an Irish national should make an application for permission to remain in the State in accordance with Irish immigration law as the spouse of an Irish national. Such applicants, where successful, are granted a stamp 4.
If there is a particular case the Deputy has in mind the query 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.
186. Deputy Gerry Adams asked the Minister for Justice and Equality if there is a North South Co-operation unit in his Department; the number of staff working in the North South Co-operation unit; the number of staff who have worked in the North South Co-operation unit in each year since 2007. [46621/12]
Amharc ar fhreagraMy Department does not have a unit that deals exclusively with North-South issues. Work in relation to North-South co-operation, which arises primarily in the context of criminal justice co-operation, is carried out across a range of Divisions in my Department depending on the nature of the work involved.
187. Deputy Eoghan Murphy asked the Minister for Justice and Equality his plans for the recently vacated Harcourt Terrace Police Station, Dublin 2. [46652/12]
Amharc ar fhreagraGarda stations closed under the 2012 Garda Síochána Annual Policing Plan form part of the portfolio of State properties owned and maintained by the Office of Public Works. Accordingly, it is for that Office to decide on the future of these properties and I do not have a role in relation to the matter.
188. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if there are any proposals by the Oireachtas to consider changing the procedure of appealing decisions of the Employment Appeals Tribunal by the Circuit Court through the High Court; and if he will make a statement on the matter. [46683/12]
Amharc ar fhreagraDisputes about entitlements under the Maternity Protection Acts, the Parental Leave Acts and the Adoptive Leave Acts are referred in the first instance to a rights commissioner. Decisions of a rights commissioner are subject to appeal to the Employment Appeals Tribunal. There is no further appeal other than to the High Court on a point of law. Decisions of a rights commissioner or a determination of the Employment Appeals Tribunal may be enforced by application to the Circuit Court. I have no plans to change these arrangements. Matters relating to review of the complaints and enforcement infrastructure in regard to employment rights legislation generally are a matter for the Minister for Jobs, Enterprise and Innovation.
189. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners who made applications for access to training, education or other rehabilitative programmes in the various prisons throughout the country in each of the past five years to date in 2012; the extent to which he has been able to facilitate such applications; the number of applications that have been refused; and if he will make a statement on the matter. [46792/12]
Amharc ar fhreagra190. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans to expand rehabilitation, education or training programmes throughout the prison service; and if he will make a statement on the matter. [46793/12]
Amharc ar fhreagra191. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if any particular policy has been established whereby first time offenders in respect of drug related crime would automatically be referred for training and rehabilitation in order to prevent a commitment to a life of crime arising from the influence of peers who already had established recidivistic activities; and if he will make a statement on the matter. [46794/12]
Amharc ar fhreagraI propose to take Questions Nos. 189 to 191, inclusive, together.
As I have said before in response to previous Questions, the Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes are available in all prisons and all prisoners are eligible to use the services.
The statistics requested are not readily available and would require a disproportionate and inordinate amount of staff time and effort that could not be justified where there are other significant demands on resources. However, I can advise the Deputy that an average of 38% of the prison population attended educational classes in 2011. The development of vocational training programmes in recent years means that there are now over 100 workshops capable of catering for in excess of 1,000 prisoners each day. Returns at the end of August 2012 show that approximately 23% of the prison population were engaged in vocational training programmes. There was also a significant increase in the number of prisoners who participated in accredited vocational training course in 2011, when 1219 prisoners attended such courses.
On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral. Programmes are available to all prisoners but some programmes may not be suitable for prisoners on shorter sentences. The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning including Integrated Sentence Management and the delivery of prison based rehabilitative programmes such as education, work training and resettlement programmes.
There are a range of drug rehabilitation programmes available for prisoners which involve a significant multidimensional input by a diverse range of general and specialist services provided both by the Irish Prison Service and visiting statutory and non-statutory organisations. The programmes seek to reduce the demand for drugs within the prison system through education, treatment and rehabilitation services for drug-addicted prisoners. Particular initiatives include, inter alia, the provision of detoxification, methadone maintenance, education programmes, addiction counselling and drug therapy programmes. The delivery of these services is being achieved in partnership with community based services and has brought a significant improvement in the range, quality and availability of drug treatment services in the prisons.
It is the policy of the Irish Prison Service that where a person committed to prison gives a history of opiate use and tests positive for opioids, they are offered a medically assisted symptomatic detoxification, if clinically indicated. There is no waiting list for a detox as there is no dependency on community place availability.
There is no waiting period for methadone maintenance. In line with Action 43 of the National Drug Strategy, the Irish Prison Service ensures the seamless transition of prisoners established on drug treatment from our care into community drug treatment settings as agreed in the protocol developed with the HSE. If the prisoner is on a community programme prior to committal to prison, the maintenance programme is continued during the prison term. Prior to a patient being commenced on methadone maintenance in prison, a drug treatment place in the community must be secured to ensure continuation of treatment upon release. Methadone substitution treatment is available in 9 of the 14 prisons and places of detention (accommodating over 80% of the prison population).
