Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 13 Nov 2012

Written Answers Nos. 473-494

Courts Staff

Ceisteanna (473)

Mary Lou McDonald

Ceist:

473. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of court judges that retired from the judiciary between 8 March 2011 and 27 October 2011, between 28 October 2011 and 29 February 2012 and between 1 March 2012 to date in 2012. [49552/12]

Amharc ar fhreagra

Freagraí scríofa

The number of judges who retired during the periods specified is set out in the following table.

Supreme Court

High Court

Circuit Court

District Court

Total

8 Mar 2011 - 27 Oct 2011

0

3

2

5

10

28 Oct 2011 - 29 Feb 2012

2

1

3

4

10

1 Mar 2012 - 13 Nov 2012

0

0

0

0

0

Total

2

4

5

9

20

Visa Applications

Ceisteanna (474)

Gerry Adams

Ceist:

474. Deputy Gerry Adams asked the Minister for Justice and Equality his views on a matter regarding visas (details supplied) [49735/12]

Amharc ar fhreagra

Freagraí scríofa

I am satisfied that the Visa Office in London ensures visa applications are processed efficiently and without undue delay. The ten day time frame is a guideline to ensure applications are lodged in a timely manner.

In a case such as the one referred to by the Deputy, the Visa Office will always endeavour to facilitate, where possible, by expediting the processing of the visa. In 2011, over 70% of visa applications processed by the visa office in London were done so within one week of receipt. In exceptional cases where a genuine urgency is demonstrated, visas can be issued in an even shorter period. In the case of persons who intend to travel regularly to Ireland, it is open to them to apply for a multiple entry visa.

Another option available to the person concerned, should he meet the statutory requirements, is to make an application for naturalisation under section 15A - naturalisation of spouses of Irish citizens - of the Irish Nationality and Citizenship Act 1956, as amended. My Department is constantly seeking ways in which the visa system can facilitate ease of movement for visitors and business travellers between the UK and Ireland, whilst maintaining the integrity of the Common Travel Area (CTA).

In tandem with the Visa Waiver Programme, work is ongoing, through regular Common Travel Area Forum meetings between Irish Naturalisation and Immigration Service and the UK Home Office, on the development of a short stay Common Travel Area visa which would allow tourists and business visitors to travel to the CTA and freely move between Ireland and the UK. It is anticipated that such a visa will prove an attractive option for tourists and business visitors, particularly in the context of the island of Ireland by facilitating visitors to travel freely between Northern Ireland and Ireland without the need for a separate Irish or UK visa.

Citizenship Applications

Ceisteanna (475)

Pearse Doherty

Ceist:

475. Deputy Pearse Doherty asked the Minister for Justice and Equality the position regarding an application for Irish citizenship in respect of a person (details supplied); and if he will make a statement on the matter. [49464/12]

Amharc ar fhreagra

Freagraí scríofa

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in May, 2011. On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. The person concerned was informed of this in a letter issued to him on 14 June, 2011.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the prescribed statutory requirements. The on-line Naturalisation Residency Calculator can be used as a guide to whether an individual satisfies the naturalisation residency conditions and, if not, give an indication of how long they should wait before making an application.

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.

Courts Staff

Ceisteanna (476)

Mary Lou McDonald

Ceist:

476. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of new court judges appointed between 8 March 2011 and 27 October 2011, between 28 October 2011 and 29 February 2012 and between 1 March 2012 to date in 2012. [49555/12]

Amharc ar fhreagra

Freagraí scríofa

The number of persons appointed to judicial office during the periods specified are set out in the following table.

Supreme Court

High Court

Circuit Court

District Court

Total

8 Mar 2011 -

27 Oct 2011*

1

2

1

1

5

28 Oct 2011 -

29 Feb 2012

0

0

0

3

3

1 Mar 2012 -

13 Nov 2012**

2

3

8

9

22

Total

3

5

9

13

30

*Includes the appointment of The Hon. Mrs. Justice Susan Denham as Chief Justice on 25 July 2011.

** Includes the appointment of The Hon. Mr. Justice Raymond Groarke as President of the Circuit Court on 13 July 2012 and the appointment of Her Hon. Judge Rosemary Horgan as President of the District Court on 13 July 2012.

Garda Síochána Ombudsman Commission Issues

Ceisteanna (477)

Finian McGrath

Ceist:

477. Deputy Finian McGrath asked the Minister for Justice and Equality the reason bonfires were allowed to destroy the open greens at a location (details supplied) in Dublin 5 and if the Gardaí can take any action. [49576/12]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Garda Transport Provision

Ceisteanna (478)

Brendan Smith

Ceist:

478. Deputy Brendan Smith asked the Minister for Justice and Equality if a patrol car will be allocated to a Garda station (details supplied) in County Monaghan; and if he will make a statement on the matter. [49589/12]

Amharc ar fhreagra

Freagraí scríofa

The provision and deployment of Garda vehicles is a matter for the Commissioner in the context of his identified operational requirements. At Garda Divisional level, it is for the Chief Superintendent to make appropriate arrangements for the distribution of vehicles throughout the Division in response to policing demands. The Deputy will appreciate that a degree of 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. In that context, I am advised by the Garda authorities that a marked Garda patrol vehicle is currently allocated to the Garda Station referred to by the Deputy.

Citizenship Applications

Ceisteanna (479)

Bernard Durkan

Ceist:

479. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [49628/12]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in February, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. While good progress continues to be made in reducing the large volume of cases on hands, the nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to 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 as quickly as possible.

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.

Proposed Legislation

Ceisteanna (480, 496)

Clare Daly

Ceist:

480. Deputy Clare Daly asked the Minister for Justice and Equality the reason for the delay in the publication of the Mental Capacity Bill 2008; and if he will address this matter urgently. [49633/12]

Amharc ar fhreagra

Finian McGrath

Ceist:

496. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the Mental Capacity Bill (details supplied). [49944/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 480 and 496 together.

The Programme for Government includes a commitment to introduce a Mental Capacity Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The proposals in the Scheme of the Bill, as published, have required extensive revision in order to meet that objective. Drafting of the Bill is at a very advanced stage and the Government Legislation Programme indicates that the Bill is expected to be published in the current session.

Asylum Applications

Ceisteanna (481)

Patrick Nulty

Ceist:

481. Deputy Patrick Nulty asked the Minister for Justice and Equality the current or expected position in respect of an application for subsidiary protection in respect of persons (details supplied) in Dublin 15 going back to 2002; the reason for the delay; and if he will make a statement on the matter. [49637/12]

Amharc ar fhreagra

Freagraí scríofa

The cases referred to by the Deputy encompass a father, a mother and their child. The father was the subject of an individual asylum application while the couple's child was included as a child dependant in his mother's claim meaning that any determination or decision made in her case applied equally to him. Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the persons concerned were notified, by separate letters dated 24th May, 2004, that the then Minister proposed to make deportation orders in respect of them. They were 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 deportation orders should not be made against them. They were subsequently notified of their respective entitlements to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The persons concerned submitted applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes.

In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons 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 final decisions are made. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned.

The cases of the persons concerned are amongst a high volume of such cases which are awaiting decision in my Department at present. However, the Deputy can be assured that there will be no avoidable delay in having the cases of the persons concerned processed to completion.

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.

State Agencies

Ceisteanna (482)

Billy Kelleher

Ceist:

482. Deputy Billy Kelleher asked the Minister for Justice and Equality if he will provide in tabular form the amount currently being spent on, or budgeted for by State agencies under his remit for spending, on the areas of communication, public relations, consultancy, advertising and human resources; and if he will make a statement on the matter. [49656/12]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the information he requested is set out in the following table. The Deputy should also be aware that while in certain cases no specific budget exists for an activity, costs related to the activity may accrue to the overall budget for the agency. In such cases, it is unfeasible to attempt to extract these specific costs from overall costs. The Deputy should also note that, in respect of a number of agencies under my remit, my Department provides human resources services. I also wish to inform the Deputy that, in the time allowed, neither An Garda Síochána nor the Irish Prison Service were able to provide the information sought by the Deputy. These additional details will be forwarded directly as soon as they become available.

Name of Agency

under Remit of Department

Communications

Budget 2012 (€)

Public Relations

Budget 2012 (€)

Consultancy

Budget 2012 (€)

Advertising

Budget 2012 (€)

Human Resources

Budget 2012 (€)

Courts Service

118,000

Nil

180,000

50,000

34,000

Equality Authority

Nil

Nil

13,500

Nil

5,000

Forensic Science Laboratory

Nil

Nil

26,000

Nil

11,100

Garda Síochána Ombudsman Commission*

71,101.68

16,002.30

Nil

6,191.82

95,021.91

Legal Aid Board

Nil

Nil

3,000

approximately**

24,700

442,000

National Disability Authority

Nil

Nil

14,568**

Nil

Nil

Probation Service

334,924*

Nil

Nil

Nil

Nil

Property Registration Authority*

309,517

Nil

10,947

6,192

897,453

*These are spend figures for 2012 up to end of October.

**These are spend figures for 2012 to date.

Garda Síochána Ombudsman Commission Issues

Ceisteanna (483)

Niall Collins

Ceist:

483. Deputy Niall Collins asked the Minister for Justice and Equality in view of the fact that a number of reports have shown that racist incidents here are under-reported; the steps he is taking to encourage all victims of racist incidents and attacks to report them to the Gardaí; and if he will make a statement on the matter. [49661/12]

Amharc ar fhreagra

Freagraí scríofa

The An Garda Síochána National Policing Plan 2012 includes key actions to ensure protection of vulnerable persons and groups through implementation of the Garda Diversity Strategy 2009 - 2012. The strategy prioritises the building of partnerships with diverse communities. The commitment of the Garda authorities in this regard is further illustrated by the work of the Garda Racial and Intercultural office, (GRIDO). This office has responsibility for coordinating, monitoring and giving advice on policing relating to Ireland's diverse communities and works closely with organisations that represent diverse communities.

The services of The Garda Racial, Intercultural and Diversity Office (GRIDO) are available to any person who perceives a crime as racist. In such cases the GRIDO office will assist victims and investigating Gardaí to ensure that the incident receives the appropriate attention. An Garda Síochána has appointed 320 Ethnic Liaison Officers in every Garda district in the Country. These ELOs are given specialist training to work with minority communities. A list of ELOs appointed nationwide is available on the Garda website www.garda.ie. The GRIDO also monitors crimes which have a racist motivation on a constant basis so as to ensure that all such crimes are properly recorded and investigated. In addition, An Garda Síochána’s policy on the services and support provided to all victims of crime can be found in the An Garda Síochána Victims Charter which was revised in 2010 and is available at www.garda.ie. The Charter states that in relation to victims of racist incidents An Garda Síochána will accurately record the incident, investigate the complaint and put victims in contact with the Garda Ethnic Liaison Officer in their area.

I strongly support the efforts of the Gardaí to engage with the diverse communities in our modern society. I am assured by the Garda authorities that all reports of racist incidents are fully investigated and I would encourage anyone who has concerns about such incidents to contact the Gardaí directly.

Criminal Law Review

Ceisteanna (484)

Niall Collins

Ceist:

484. Deputy Niall Collins asked the Minister for Justice and Equality his plans to review the 1989 Incitement to Hatred Act; when this review will take place; his views on the need to legislate for hate crimes; and if he will make a statement on the matter. [49662/12]

Amharc ar fhreagra

Freagraí scríofa

Under the Prohibition of Incitement to Hatred Act 1989, it is an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation". The State's prosecutorial authorities have not brought to my notice any difficulties in bringing prosecutions under the 1989 Act.

In addition to the foregoing legislation, where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences though the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing.

A review of the 1989 Act was concluded in December, 2008 with the publication of research entitled "Combating Racism and Xenophobia through the Criminal Law" by the Centre for Criminal Justice, University of Limerick. The research was commissioned by the National Consultative Committee on Racism and Interculturalism and the National Action Plan Against Racism steering group.

The report made only one recommendation regarding the criminal law - the introduction of racially aggravated sentencing. It stated that changes in the criminal law would be insufficient by themselves to address racism. The authors commented that it was clearly established, at both the national and international level, that greater dividends would ensue from more substantial investment in social and education measures.

The introduction of racially aggravated sentencing would involve a restructuring of penalties for basic criminal offences (assault or criminal damage, for example) to increase sentences, and have wider implications for the criminal law. There are numerous other factors which can be considered aggravating.

In this jurisdiction, the legislature enacts criminal laws which usually provide for maximum penalties in the form of a fine or imprisonment, or both. In general, there are no statutory sentencing guidelines. Within our legislative framework, the determination of penalty in any individual case is largely a matter for the trial judge, taking case law, including appealed cases, into account. This allows the courts to take all the circumstances of the offence and all the relevant aggravating and mitigating factors into account. The gravity of the offence, the facts surrounding the commission of the offence, the criminal record of the accused and the impact on the victim are among the critical factors taken into account before a sentence is imposed. The judge must take into account the circumstances of the offence and the offender. Moreover, the Director of Public Prosecutions can appeal against the sentence imposed if she believes it to be unduly lenient.

In all the circumstances, I have no plans, at present, for legislative initiatives in relation to hate crime. However, more generally, the Government is committed to a strategic review of penal policy. This review is underway and will include an examination of sentencing.

International Agreements

Ceisteanna (485)

Terence Flanagan

Ceist:

485. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide an update on migrant labour (details supplied); and if he will make a statement on the matter. [49670/12]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Minister for Jobs, Enterprise and Innovation that the issue of ratification by Ireland of Convention No. 189 on decent work for domestic workers is being assessed by his Department in the context of the standard approach to the ratification of international instruments, i.e. that Ireland does not ratify international Conventions until all necessary amendments to domestic legislation have been identified and effected. When complete, this assessment will be submitted to the Attorney General for her consideration. I am informed that the Minister for Jobs, Enterprise and Innovation will not be in a position to outline his intentions as regards ratification of the Convention until this process is complete.

My Department is working with the Department of Foreign Affairs and Trade and others such as the Department of Jobs, Enterprise and Innovation, the Irish Naturalisation and Immigration Service and An Garda Síochána with a view to implementing additional procedures for the employment of private domestic workers in diplomatic households. The purpose of the additional procedures are, taking account of international best practice, to provide for employment terms and conditions for domestic workers in diplomatic households that demonstrate respect for Irish laws and good employment practice.

With regard to the issue of forced labour, the Criminal Law (Human Trafficking) Act 2008 which came into effect on 7 June 2008 criminalises the trafficking of persons for the purposes of labour exploitation. Section 1 of the 2008 Act defines labour exploitation in relation to a person (including a child) as follows: (a) subjecting the person to forced labour; (b) forcing him or her to render services to another, or (c) enslavement of the person or subjecting him or her to servitude or a similar condition or state.

For the purposes of the Act, the term "trafficks" is broadly defined; for example, the commission of an offence does not require cross border movement or illegal entry into the State. It includes recruitment; taking a person into one's custody, care or charge; and providing the person with accommodation or employment. Officials in my Department will shortly be submitting to me a report providing an analysis of whether the Criminal Law (Human Trafficking) Act 2008 is sufficient to cover all circumstances in which forced labour could occur and I will be considering this Report in the near future.

I am informed by the Minister for Jobs, Enterprise and Innovation that, normally, an au pair arrangement is a private, voluntary arrangement between the parties concerned - a private household or sponsor family and a private individual – on the basis of a shared understanding. Although circumstances can differ from case to case, an “au pair” is assumed not to be an employee because there is no contract of employment between the householder and the person in question. If a contract of employment does exist then this places the arrangement on a different footing. In general, where people have concerns that employees may be exploited or receiving less than their statutory entitlement the matter should be reported to the National Employment Rights Authority for investigation. A Code of Practice for Persons Employed in Other People’s Homes was developed by the Labour Relations Commission under the Industrial Relations Act 1990 and promulgated in 2007. The Code sets out certain employment rights and practices for persons employed in other people’s homes and encourages good practice and compliance with the law in such employment situations. In any proceedings before a court, or a workplace relations dispute resolution body, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question. In addition to this code of practice which applies specifically to live-in employees, it is important to note that domestic workers are protected by virtue of the fact that the full suite of employment rights legislation, including that of redress for violations of their employment rights, apply to domestic workers in the same way as they apply to other categories of employees in Ireland. In addition, the National Employment Rights Authority has carried out a programme of inspections involving domestic workers as well as continuing to respond to any complaints it receives from domestic workers.

Garda Retirements

Ceisteanna (486, 487)

Gerry Adams

Ceist:

486. Deputy Gerry Adams asked the Minister for Justice and Equality the supports in place for members of An Garda Síochána who suffer from mental health issues such as anxiety and depression as a result of their work. [49736/12]

Amharc ar fhreagra

Gerry Adams

Ceist:

487. Deputy Gerry Adams asked the Minister for Justice and Equality the proportion of members of An Garda Síochána that retired following illness or injury on duty that were retired due to mental health issues such as anxiety or depression. [49737/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 486 and 487 together.

I have been informed by the Garda Commissioner that the number of members of An Garda Síochána who have been granted ill health retirements from 1 January 2012 to 7 November 2012 was 1 Sergeant and 4 Gardaí. Ill health retirements can include those who retire following illness or injury on duty which gave rise to mental health issues such as anxiety or depression. In the same period a total of 429 members of An Garda Síochána retired. 1.17 % of those who retired did so on ill health grounds.

There are a number of supports available to staff in An Garda Síochána who suffer mental health issues. These supports include an Employee Assistance Service and also an Occupational Health Service. When management become aware that a staff member is suffering from a mental health issue, that member is immediately referred to the Occupational Health Service (O.H.S.). It is the duty of the Chief Medical Officer to determine fitness for duty or otherwise. The O.H.S. will meet the staff member at the earliest opportunity and if necessary refer them to an independent specialist advisor, a panel of whom are retained to provide this service to the O.H.S. In addition to this referral, local management must conduct a thorough investigation into the source of the members mental health issue and report this to Human Resource Management. This allows for a comprehensive approach to managing such ill health issues.

Garda Recruitment

Ceisteanna (488)

Gerry Adams

Ceist:

488. Deputy Gerry Adams asked the Minister for Justice and Equality if there are restrictions in place which prevents persons with disabilities from joining An Garda Síochána. [49738/12]

Amharc ar fhreagra

Freagraí scríofa

Recruitment in An Garda Síochána is governed by Statutory Regulation namely, the Garda Síochána (Admission & Appointments) Regulations 1988/2005. Following selection by the Public Appointments Commission each applicant must also undergo a physical competency test, a medical examination and character vetting. Section 46(1)(3) of the Disability Act 2005 provides that Part 5, which deals with Public Service Employment, does not apply to the Garda Síochána.

Garda Stations Opening Hours

Ceisteanna (489)

Seán Kenny

Ceist:

489. Deputy Seán Kenny asked the Minister for Justice and Equality the date and times of the open days at Garda stations in the Dublin region between now and year end; and if he will make a statement on the matter. [49761/12]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by the Garda Authorities that a number of open days were held throughout the Dublin Region to date in 2012 including in Lucan, Balbriggan and Blanchardstown. There are no open days scheduled for the remainder of 2012.

Residency Permits

Ceisteanna (490)

Derek Nolan

Ceist:

490. Deputy Derek Nolan asked the Minister for Justice and Equality the position regarding an application for residency in respect of a person (details supplied); and if he will make a statement on the matter. [49766/12]

Amharc ar fhreagra

Freagraí scríofa

In September, 2011, the person concerned, through an advocacy group, submitted documentation where he indicated that he wished to have his case to remain in the State considered based on the principles of the Zambrano Judgment. As the information and documentation submitted at that time was incomplete, a representative of my Department wrote to the advocacy group on 23rd August, 2012 setting out the additional documentation and information that was required before a decision could be made on the case of the person concerned.

Given that the requested additional documentation and information has still not been received in my Department, a similar request was communicated to the legal representative of the person concerned by letter dated 1st November, 2012. This latest request was issued in response to a written enquiry from that legal representative as to the status of the case of the person concerned. It is recommended that the person concerned should, directly or indirectly, submit the requested additional information and documentation without further delay. Upon receipt of the additional information and documentation referred to, the case of the person concerned can be further considered.

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.

Personal Injury Claims

Ceisteanna (491)

Dan Neville

Ceist:

491. Deputy Dan Neville asked the Minister for Justice and Equality if payment under the criminal injuries compensation tribunal will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [49790/12]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, the Scheme of Compensation for Personal Injuries Criminally Inflicted provides that the Criminal Injuries Compensation Tribunal is entirely independent in relation to individual applications under the Scheme. However, in order to be of assistance in the matter I have had enquiries made with the Tribunal on your behalf.

I understand that the Tribunal has already formally notified the person concerned that it will not be possible to pay her award during the current financial year because funding for this purpose has become exhausted. The Tribunal has informed me that forms of award acceptance signed by applicants are maintained in date order and that payment of awards is made strictly in that order. The Tribunal expects to be in a position to pay the award to the person concerned during the first half of 2013. The Tribunal regrets that it is not possible to be more specific as to a payment date until the final outturn for 2012 and the financial provision for 2013 becomes available.

Garda Recruitment

Ceisteanna (492)

Gerald Nash

Ceist:

492. Deputy Gerald Nash asked the Minister for Justice and Equality if recruitment to an Garda Síochána will be opened up in 2013; if the current applicant panel will be used to recruit new applicants; and if he will make a statement on the matter. [49796/12]

Amharc ar fhreagra

Freagraí scríofa

The general moratorium on recruitment to the public service continues to apply to the Garda Síochána. The question of when recruitment to the Garda Síochána should resume will be kept under continuing review in the context of the availability of resources, as will the related issue of the continued viability of the existing Garda recruitment panel, which is now approximately four years old.

Personal Insolvency Act

Ceisteanna (493)

Martin Heydon

Ceist:

493. Deputy Martin Heydon asked the Minister for Justice and Equality if there will be protections in place under the personal insolvency arrangements to guard against a scenario (details supplied); and if he will make a statement on the matter. [49818/12]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that it would not be appropriate for me to comment on any individual case. However, I would suggest that any individual who finds themselves in circumstances such as those referred to by the Deputy should continue to actively engage with their mortgage lender in an effort to reach an acceptable settlement.

I should mention that the provisions of the Personal Insolvency Bill 2012 will, when enacted and fully operational, provide greater flexibility for persons in dealing with their financial difficulties. In particular, the Personal Insolvency Arrangement (PIA) in the Bill, allows for the settlement of secured debts, such as mortgage debt. Section 100 of the Bill as passed by the Dáil on 7 November 2012, provides for the treatment of the principal private residence in a PIA.

Garda Stations Closures

Ceisteanna (494)

Richard Boyd Barrett

Ceist:

494. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will provide a list of all the Garda stations in the State with full details of the ownership of the land and buildings. [49925/12]

Amharc ar fhreagra

Freagraí scríofa

In relation to the Garda stations operating in the State, the full details are provided on the Garda Síochána website and I would refer the Deputy to the relevant webpage at www.garda.ie. The general position is that the properties which serve as Garda stations are provided by the Office of Public Works and, as such, ownership of the relevant sites and buildings falls outside my official remit. However, a limited number of Garda stations were vested in the Minister for Justice and Equality under the provisions of the General Prisons Board (Transfer of Functions) Order, 1928 (S.I. No 79 of 1928). The stations concerned are: Midleton; Kenmare; Callan; Urlingford; Dundalk; Castleblaney; Trim; Waterford.

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