Written Answers Nos 379-396
379. Deputy Terence Flanagan asked the Minister for Justice and Equality if it is possible for homeowners on a housing development that has been abandoned by the management company to receive legal assistance under the Multi-Unit Developments Act; and if he will make a statement on the matter. [14209/13]
Amharc ar fhreagraThe Deputy will appreciate that I am unable to comment on particular cases but I can indicate the following by way of general information.
Section 24 of the Multi-Unit Developments Act 2011 contains provisions for the resolution of disputes relating to multi-unit developments. In general, it provides that a person may apply to court for an order to enforce any rights conferred or obligations imposed by the Act. The court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the development concerned. However, there is no provision in the Act dealing with legal assistance for unit owners in such proceedings.
380. Deputy Brendan Griffin asked the Minister for Justice and Equality if permission will be granted to persons (details supplied) in County Kerry to work to support themselves pending the outcome of their application to remain in the State; and if he will make a statement on the matter. [13616/13]
Amharc ar fhreagraThe current position in the State of the persons concerned is not such as would enable a request for a temporary stamp to allow them to work be accommodated. I understand from my officials that their application to remain in the State will be dealt with shortly.
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.
381. Deputy Charlie McConalogue asked the Minister for Justice and Equality when a request for a calculation of loss of earnings in respect of a person (details supplied) in County Donegal will be provided by the payroll section of his Department; and if he will make a statement on the matter. [13653/13]
Amharc ar fhreagraThe payroll section of my Department has requested the Garda Authorities to provide information required to calculate the loss of earnings for the individual concerned. The Garda Authorities are collating the information and when it is received my Department will calculate the loss of earnings and provide a response to the person in question.
382. Deputy Michelle Mulherin asked the Minister for Justice and Equality the way the proposed changes to Garda districts will affect the policing arrangements at a station (details supplied) in County Mayo; if the two gardaí currently stationed there will remain; and if he will make a statement on the matter. [13666/13]
Amharc ar fhreagraThe Garda Commissioner has completed a comprehensive review of the district and station network and has set out, in his Policing Plan for 2013, a revised District and Station network.
He has informed me that, in relation to the Swinford and Claremorris Districts, these will be amalgamated into the new enlarged District of Claremorris. This amalgamation will be implemented during 2013.
As a consequence of this amalgamation, the Foxford Garda sub-district, which is currently part of the Swinford Garda District, will be amalgamated into the Ballina District. This amalgamation will not affect the policing service provided to the community of the Foxford Garda sub-district. The policing service in the Foxford sub-district will be augmented on a 24 hour basis by personnel assigned to Ballina Garda Station.
383. Deputy Michelle Mulherin asked the Minister for Justice and Equality if he plans to close any further Garda stations; and if he will make a statement on the matter. [13667/13]
Amharc ar fhreagraThe Garda Commissioner's Policing Plan for 2013 sets out details for the closure of 100 Garda stations throughout the Country. 96 of these stations have been closed so far this year and the remaining 4 will be closed in the coming months.
While the Policing plans for 2014 and 2015 have not yet been prepared, I understand, from discussions with the Garda Commissioner, that the current consolidation process will be largely completed by the end of this year and it seems unlikely at this point in time that there will be any further station closures in 2014 and 2015.
384. Deputy Tom Fleming asked the Minister for Justice and Equality if he will expedite an application for naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [13687/13]
Amharc ar fhreagraI refer the Deputy to my reply to Parliamentary Question No. 90 of Thursday, 14th March 2013. The position remains as stated.
Reply to Parliamentary Question No. 90 of Thursday, 14th March 2013
I am advised by 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, 2013.
The application is 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.
As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
385. Deputy Gerry Adams asked the Minister for Justice and Equality if he has received a Garda vetting application in respect of a person (details supplied) in County Louth; the date on which it was received; when a decision will issue on the application; if he will expedite the application; and if he will make a statement on the matter. [13705/13]
Amharc ar fhreagraI am informed by the Garda authorities that a vetting application on behalf of the person concerned was received by the Garda Central Vetting Unit (GCVU) on 28 February 2013. The application is being processed and will be returned to the registered organisation once completed.
The Deputy may wish to note that in order to observe equity and fairness in respect of all applicants for Garda vetting, the standard procedure is that all applications from no matter what organisation are processed in chronological order from their date of receipt.
386. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when the C(T)68 form will be updated in view of the fact that it has been reported that An Garda Síochána have described the current form as creating confusion; and if he will make a statement on the matter. [13747/13]
Amharc ar fhreagraAs the Deputy will be aware, the Garda C(T)68 Form contains a broad range of information in relation to road traffic collisions and the specific items provided for in the Form are determined by the Garda Commissioner.
In this context, I have been informed by the Garda authorities that An Garda Síochána is currently examining the C(T)68 Form and the information captured on it.
387. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on the ongoing use of mobile phones by motorists in view of the fact that the Road Safety Authority states that using a mobile phone makes a driver four times more likely to crash their car; the number of drivers that have been caught by An Garda Síochána using their mobile phone while driving in 2009, 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [13749/13]
Amharc ar fhreagraThe Garda Commissioner has responsibility for roads policing and works in conjunction with the Road Safety Authority and other relevant partner agencies and institutions in the development and implementation of the actions and initiatives as set out in the Road Safety Strategy. In that regard, I am assured An Garda Síochána continue to focus their enforcement activities on the main causes of death and serious injury on our roads.
Driving while holding a mobile phone is a Fixed Charge Penalty Offence and subject to ongoing enforcement by the Garda authorities. I am advised that that members of An Garda Síochána carry out regular monitoring to detect breaches across the whole range of road traffic and transport legislation, including holding a mobile phone while driving.
I am informed by the Garda authorities that the following table sets out the total number of Fixed Charge Notices issued by An Garda Síochána in the period 2009 to 31 January, 2013 for the offence of holding a mobile phone while driving. It should be noted that the figures provided are provisional, operational and liable to change.
|
Year |
Number of Fixed Charge Notices issued in respect of mobile phone offences |
|
2013 (to 31 January) |
2,087 |
|
2012 |
30,806 |
|
2011 |
33,422 |
|
2010 |
34,635 |
|
2009 |
35,570 |
388. Deputy Sean Fleming asked the Minister for Justice and Equality his plans to consider reducing the Land Registry fees for a transfer of properties with nominal value for example €100 or less where the amount of land involved is quite small, in cases where people are regularising boundaries in view of the fact that the minimum fee for this with the Land Registry office is €400; if he is satisfied that the registration fees should be greater than the actual value of the land involved; if he will put transitional fee measures in place for properties that were in the process of being sold when the new fees was introduced; and if he will make a statement on the matter. [13806/13]
Amharc ar fhreagraLand Registry fees, which are payable on the registration of transfers on sale, are charged by the Property Registration Authority on a scale that is based on the consideration (i.e. price paid), expressed in the Deed. In the case of an exchange of land, the registration fee is charged on a scale that is based on the amount of money paid in equality of exchange. In both sales and exchanges of land, the scaled registration fee commences at €400. The registration fee for a voluntary transfer is the fixed fee of €130. In the case of a boundary rectification, which is perfected by consent of the affected owners, the registration fee would be €40.
Section 21(2) of the Registration of Deeds and Title Act 2006 provides that registration fees shall not be fixed at a level which is less than that sufficient to discharge the operational cost and expenses under that Act and the Registration of Title Act 1964. The current Fees Order, the Land Registration Fees Order 2012 (S.I. No. 380 of 2012) came into effect on 1 December 2012 and sets the fees at the level required to meet this statutory obligation. All Land Registry fees are paid into and disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Public Expenditure and Reform.
The Fees Order sets out the fees payable on the making of an application for registration in the Land Registry. It is the Fees Order, operative on the day of lodgement of the application for registration in the Land Registry, that governs the fees payable. I have already made the Land Registration (Fees) (Amendment) Order 2013 (S.I. No. 21 of 2013) which put in place transitional arrangements in respect of cases which were first lodged prior to 1 December 2012 and subsequently rejected by the Land Registry. The Amendment Order specifically provides that any applications, which were lodged prior to 1 December 2012 and subsequently rejected, may be relodged prior to 31 December 2013 and will be charged according to the fees that were payable immediately prior to the coming into force of the 2012 Fees Order. There is also provision made in the Amendment Order for a limited number of cases, which would have been lodged prior to 1 December 2012, were it not for unavoidable delays in retrieving stamp certificates from the Revenue Commissioners. While I have no plans at this time to make any further amendments to the 2012 Fees Order, I will continue to keep this matter under review.
389. Deputy Shane Ross asked the Minister for Justice and Equality if he will detail the number of persons in each year from 2000 to date in 2013, inclusive, who applied for a visitor, student or business visa, by visa type who were already in possession of a valid Schengen visa, and by nationality if available; and if he will make a statement on the matter. [13809/13]
Amharc ar fhreagraInformation on applicants for Irish visas is not recorded in a manner which would allow for the compilation of the detailed statistical data requested by the Deputy. A broad overview of activity across all immigration categories, including visas, was set out in my statement of 2nd January, 2013 reviewing Immigration in Ireland in 2012. The statement is available at the following web-address: http://www.inis.gov.ie/en/INIS/Pages/WP07000084 .
390. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of eligibility for residency or naturalisation in the case of persons (details supplied) in Dublin 22; and if he will make a statement on the matter. [13759/13]
Amharc ar fhreagraThe person concerned arrived in the State in January 2004 and applied for asylum. He was deemed not to be a refugee by the Refugee Applications Commissioner. This decision was upheld by the Refugee Appeals Tribunal. He was subsequently determined not to be eligible for subsidiary protection and following consideration of his case under Section 3 of the Immigration Act, 1999, as amended, a Deportation Order was made in respect of him, which was notified to him on 12 September 2011.
His partner arrived in the State in October 2006 and applied for asylum. She was deemed not to be a refugee by the Refugee Applications Commissioner. This decision was upheld by the Refugee Appeals Tribunal. She was subsequently determined not to be eligible for subsidiary protection and following consideration of her case under Section 3 of the Immigration Act, 1999, as amended, a Deportation Order was made in respect of her, which was notified to her on 12 September 2011.
The couple have two young children, both of whom have made applications for asylum, which are currently under consideration by the Refugee Applications Commissioner.
The persons concerned instituted Judicial Review proceedings on 22 September 2011 challenging the Deportation Orders made in respect of them and accordingly, as the matter is sub judice, I do not propose to comment any further, other than to remind the Deputy that I have already replied to similar questions about the person concerned on a number of previous occasions.
I should also remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
391. Deputy Seán Kenny asked the Minister for Justice and Equality if he will instruct the Garda Commissioner to take a zero tolerance approach to anti-social behaviour, drinking alcohol in public, begging and theft in O'Connell Street, Dublin, and surrounding streets; and if he will make a statement on the matter. [13894/13]
Amharc ar fhreagraI am informed by the Garda authorities that the areas referred to are within the Store Street Garda District and that a proactive approach is being applied to tackle crime and anti-social behaviour in these areas with the emphasis being placed on known locations associated with this type of behaviour. Policing measures are in place to address difficulties being experienced by local residents and businesses including the designation of certain areas as hotspots for such criminality with additional high-visibility patrols being directed by local Garda management, including regular patrols by uniform and plain clothes units, including the Community Policing and Garda Mountain-Bike Units, local Detective and Drug Unit personnel, supplemented as required by Divisional Crime Task Force and Traffic Corps personnel.
Local Garda management closely monitors such patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in these areas to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.
I am also informed that a number of Garda Operations are being conducted in the North Inner City which actively combat anti-social behaviour and drug related criminality.
Operation Stilts utilises a high visibility presence to intensively police identified areas including O’ Connell Street, Marlborough Street, Talbot Street, North Earl St, Abbey St, Eden Quay, the Boardwalk, Wolfe Tone Street, Parnell Street and adjacent side streets by tackling rigorously the activities of persons involved in the commission of anti-social behaviour and drug use and dealing offences.
Operation Redline, which is carried out by uniformed Gardaí and plain clothes members on surveillance duty, targets criminals using the Luas Red Line and supports the Veolia staff working on the Red Line. The purpose of the Operation is to combat public order, drunkenness, loitering and thefts from persons on the Luas trams and at Luas stops. Gardaí at Store Street are also engaging with Veolia Transport in relation to recurring anti-social behaviour and Public Order issues on Luas trams. Operation Clean Tram is an ongoing operation which deals with these issues.
The Garda authorities also engage extensively with local communities, businesses and others relevant parties with a view to addressing concerns of this nature. In particular, local Garda Management in Store Street were part of the multi-stakeholder Strategic Response Group (SRG) who issued the report ‘A Better City for all’, and are presently part of the implementation group which is tasked with implementing the recommendations contained in the report to address public substance misuse and perceived anti-social behaviour in Dublin’s City Centre.
I can further assure the Deputies that I am in regular contact with the Garda Commissioner about all aspects of policing and community safety with a view to ensuring that the streets of our cities and towns are safe for all.
392. Deputy Robert Troy asked the Minister for Justice and Equality his views on the delays currently being experienced with regard to the processing of Garda vetting applications for newly trained health care workers which currently stands at 18 weeks in view of the fact that this delay is having negative repercussions for both domiciliary home care providers and prospective employees who have completed their health care training. [13886/13]
Amharc ar fhreagraAll organisations registered with the Garda Central Vetting Unit are aware of the processing time frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection processes. The current average processing time for Garda vetting is approximately 11 weeks. However, particular factors such as seasonal fluctuations and the necessity to seek additional information in certain cases can result in this processing time being exceeded on occasion.
It is my objective that processing times should be kept to a minimum, while maintaining the overall integrity of the vetting system. In that regard, following discussions with the Department of Public Expenditure and Reform, sanction was recently granted for an additional 25 staff to be re-deployed from the Department of Agriculture to the Garda Central Vetting Unit in the near future, which should have a positive impact on processing times.
The Deputy may also wish to note that the Garda Central Vetting Unit will become the National Vetting Bureau under the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and will have a substantially expanded role under that legislation. I am currently engaged with An Garda Síochána and the Department of Public Expenditure and Reform in addressing the staffing issues relevant to the coming into force of the 2012 Act.
393. Deputy John McGuinness asked the Minister for Justice and Equality his views on correspondence sent to him by a person (details supplied) in County Kilkenny; if further regulation or legislation is required to deal with the issue raised; and if he will make a statement on the matter. [13949/13]
Amharc ar fhreagraAs the Deputy will be aware, the complaints mechanisms within the Law Society, the Solicitors Disciplinary Tribunal and the Office of the Independent Adjudicator are the main avenues of redress for clients of solicitors who allege they have received inadequate professional services. As Minister, I have no power to intervene in any decision made by these statutorily independent bodies. The regulatory and complaints handling procedures are framed in the Solicitors Acts 1954-2008 and in regulations made under those Acts. The legislature has, in its wisdom, to date provided no direct ministerial role in the regulation of the legal profession.
Apart from the regulatory framework, the courts are, of course, a key avenue of redress for aggrieved clients of solicitors. The courts may indeed in many cases be the most appropriate arbitrator in alleged cases of serious negligence and misconduct, but in the instant case that is for the person the subject of the Deputy's question to decide.
As the Deputy will know, I believe improvements can be made to the regulatory regime for legal professionals in this country and that less self-regulation and more independent regulation will go a long way towards this. To this end, I have published the Legal Services Regulation Bill 2011, which I expect to move to Committee Stage later this year.
The Bill was drafted in line with the Programme for Government which undertakes to “…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.”
The Bill has three main pillars of reform:
- a new, independent, Legal Services Regulatory Authority with responsibility for oversight of both solicitors and barristers;
- an independent complaints system to deal with complaints about professional misconduct. This will provide a first point-of-call for the public, independent of the professional bodies;
- an Office of the Legal Costs Adjudicator that will assume the role of the existing Office of the Taxing-Master, with enhanced transparency in its functions.
While I, as Minister, am not empowered to intervene directly on anybody's behalf in the matters the Deputy has raised, it is hoped the above information will be of some assistance in understanding the current regulatory framework. In the meantime, I will continue to drive the Legal Services Regulation Bill towards enactment in order to make the improvements set out above.
394. Deputy Niall Collins asked the Minister for Justice and Equality the steps he has taken to introduce transparency in the citizenship process in the three months since the Supreme Court decision in the Mallack case; and if he will make a statement on the matter. [13983/13]
Amharc ar fhreagra395. Deputy Niall Collins asked the Minister for Justice and Equality if he has introduced any measures in response to the Supreme Court decision in the Mallack case which found a lack of transparency in the citizenship application process; and if he will make a statement on the matter. [13984/13]
Amharc ar fhreagraI propose to take Questions Nos. 394 and 395 together.
At the outset, it is my solemn duty as Minister when deciding whether or not a person is granted naturalisation to consider if s/he is of good character. Moreover, that is a statutory obligation for all applicants. This requirement is established by various checks with An Garda Síochána and other agencies as appropriate and as the circumstances of each application warrant it.
All applications for naturalisation are submitted to me for decision. I make my decision in my absolute discretion based on the entirety of the case presented and taking into account important considerations such as the integrity of the immigration system, the economic and security interests of the State and its international relations. Clearly it is important to ensure to the greatest extent possible that only those persons who respect our laws and have not been involved in criminal activity or other activities unbecoming of an Irish citizen are granted citizenship.
It should be noted that while the Supreme Court in the judgement referred to by the Deputy quashed the Minister's decision to refuse the naturalisation application in that particular case, it went on to say that it is not for the Court to prescribe whether the Minister will give notice of his concerns to the applicant or to disclose information on which they may be based or whether the Minister will continue to refuse to disclose reasons for the refusal but to provide justification for so doing.
The implications of the judgement of the Court have been considered in their entirety in consultation with the Office of the Attorney General and revised procedures are being put in place to provide increased clarity for the very few applicants to whom the judgement applies.
To put this into context, since coming into office I have made decisions on 46,000 applications of which 43,000 were approved and 2,800 were deemed ineligible or were rejected because they did not comply with the statutory criteria. Only a very small number of applications that were refused fall within the consideration of the judgement in question.
Finally, it is open to any individual who is not satisfied with a decision to deem their application ineligible or a decision to refuse citizenship to lodge a new application for citizenship at any time in accordance with the provisions of the Irish Nationality and Citizenship Act 1956 as amended.
396. Deputy Sean Fleming asked the Minister for Justice and Equality the current processing time for Garda vetting applications; the reason this has increased in recent times; when the waiting period will be reduced to fours weeks; and if he will make a statement on the matter. [14023/13]
Amharc ar fhreagraThe current average processing time for Garda vetting is approximately 11 weeks. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. All organisations are aware of the processing time frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection processes.
It is my objective that processing times should be kept to a minimum, while maintaining the overall integrity of the vetting system. In that regard, following discussions with the Department of Public Expenditure and Reform, sanction was recently granted for an additional 25 staff to be re-deployed from the Department of Agriculture to the Garda Central Vetting Unit in the near future, which should have a positive impact on processing times.
The Deputy may also wish to note that Garda Central Vetting Unit will become the National Vetting Bureau under the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and will have a substantially expanded role under that legislation. I am currently engaged with An Garda Síochána and the Department of Public Expenditure and Reform in addressing the staffing issues relevant to the coming into force of the 2012 Act
