Written Answers Nos. 161-168
161. Deputy Michelle Mulherin asked the Minister for Justice and Equality if he will consider increasing jurisdiction of District Court to €20,000 bearing in mind that the average value of an award for motor liability which comprises 75% of the total awards of the Injuries Board in 2012 was just over €20,000 and the District Court has the capacity to deal with cases more speedily; and if he will make a statement on the matter. [21995/13]
Amharc ar fhreagraThe Courts Bill 2013 will introduce new monetary jurisdiction limits for both the District and Circuit Courts which broadly reflect the increase in the Consumer Price Index (CPI) since 1991 by increasing the limits to €15,000 in the District Court and €75,000 in the Circuit Court. An exception is provided for personal injuries actions, where the Circuit Court jurisdiction will be limited to €60,000.
The Bill, while providing for a significant increase in the existing limits to the amounts that may be awarded by the lower courts, provides for awards with similar purchasing power, in real terms, to the monetary limits introduced by the Courts Act 1991.
I have noted the Deputy's suggestion that the District Court level be increased to €20,000 However as the Deputy is aware, the District Courts are very busy courts dealing with matters summarily and the Government's view is that a relatively cautious approach is warranted to ensure that a balance can be maintained between the jurisdiction levels and the likely case load. I intend however to keep this matter under review.
162. Deputy Finian McGrath asked the Minister for Justice and Equality if he will implement the banning of HGVs on Griffith Avenue, Dublin 9, between 8 a.m. to 9 a.m. and 3 p.m. to 4 p.m. which are school peak opening and closing times. [22016/13]
Amharc ar fhreagraThe Deputy will appreciate that neither my Department nor An Garda Síochána have responsibility for the introduction of road traffic regulations or other such restrictions on Heavy Goods Vehicles.
Insofar as the enforcement of existing restrictions are concerned, the Deputy will be aware that the H.G.V. cordon area for the Dublin City Centre does not include any area north of the East Wall Road and its intersection with Alfie Byrne Road.
The Deputy will also be aware that the in-bound lane alone on Griffith Avenue, that is, from the Malahide Road in the direction of the Ballymun Road for the full length of the road in the direction East to West, is subject to a three tonne limit restriction. This restriction does not fully cover the outbound lane of Griffith Avenue. H.G.V.'s are allowed travel on Griffith Avenue from the Ballymun Road to the Swords Road Junction only. H.G.V's are not permitted to travel, West to East, from the Swords Road Junction to the Malahide Road or to turn left onto this stretch of road from the M1 inbound. 3 tonne notices are prominently displayed on the restricted stretches of road. I am informed by the Garda authorities that traffic calming measures are also in place at the Western end of Griffith Avenue.
I am further informed that vehicles above the three tonne limit are permitted to drive within the restricted area for the purpose of delivering to a location within the same area.
I am advised by the Garda authorities there are four schools on Griffith Avenue with pedestrian controlled traffic lights in place at these locations to enhance road safety. I am also assured that Garda enforcement operations are conducted regularly on Griffith Avenue to ensure that the restrictions are complied with. Divisional and Regional Traffic members continue to monitor this area and where breaches are detected the appropriate action is taken.
163. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the delay of the cold case file given to the Garda Commissioner on 11 March in relation to the Fr. Niall Molloy case. [22017/13]
Amharc ar fhreagraI am advised by the Garda authorities that the examination surrounding the circumstances of the death of Father Niall Molloy is almost complete and that a report of this examination is expected to be submitted to the Commissioner sometime this month. Upon receipt of a report from the Commissioner I will review the situation.
I understand that the officers carrying out the examination are continuing to keep the family members of the deceased updated on progress. While I fully appreciate the concerns of the family, in any case where criminal behaviour is suspected it is only through a Garda investigation, and where evidence of criminal wrongdoing is available through the submission of a file by the Gardaí to the Director of Public Prosecutions, that persons can be brought fully to account.
Therefore, I hope that the Deputy will agree that, in the first instance, we need to allow the present Garda examination to proceed to its conclusion, which, as I have indicated, will be shortly.
164. Deputy Finian McGrath asked the Minister for Justice and Equality the options available in the case of a person (details supplied) in Dublin 5 regarding legal support. [22018/13]
Amharc ar fhreagraI wish to inform the Deputy that State-provided legal aid and advice in civil matters for persons on lower incomes is the responsibility of the Legal Aid Board, which is an independent statutory body. The granting of legal aid and advice is determined by the Board in accordance with the Civil Legal Aid Act, 1995, and associated regulations. A person may make an application for legal aid or advice at one of the Board's law centres. In this instance, the law centre at 45 Lower Gardiner Street may be the most convenient centre. Further information in respect of civil legal aid and advice, including the location of its law centres, can be obtained from the Legal Aid Board's website, www.legalaidboard.ie.
165. Deputy John McGuinness asked the Minister for Justice and Equality the amount of travel and subsistence both foreign and domestic claimed by each junior Minister and Secretary General in his Department for the period 2007 to date in 2013; the number of staff appointed by each Minister and junior Minister in his Department or constituency office and their relevant cost including travel and subsistence in each case for the period 2007 to date in 2013; and if he will make a statement on the matter. [22040/13]
Amharc ar fhreagraTravel and Subsistence claimed by Junior Ministers and Secretary Generals for the period 2007 to 2013 is as follows:
Travel and Subsistence for Junior Ministers and Secretary Generals 2007 - 2013
|
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
|
|
Brian Purcell Secretary General |
€1,592 |
€3,273 |
€632 |
||||
|
Sean Aylward Secretary General |
€9,180 |
€8,712 |
€8,386 |
€5,494 |
€5,003 |
||
|
Frank Fahey Minister of State |
€21,882 |
||||||
|
Seán Power Minister of State |
€15,546 |
€25,451 |
|||||
|
Conor Lenihan Minister of State |
€1,769 |
Number of staff appointed by Ministers and Junior Ministers and their relevant costs for the period 2007 to 2013 are as follows.
|
Minister |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
|
|
Minister Michael McDowell (29th Dail) |
Staff |
4 |
||||||
|
Cost |
€204,696 |
|||||||
|
Frank Fahey, Minister of State |
Staff |
3 |
||||||
|
Cost |
€74,010 |
|||||||
|
Minister Brian Lenihan, (30th Dail) |
Staff |
3 |
3 |
|||||
|
Cost |
€105,106 |
€101,917 |
||||||
|
Seán Power, Minister of State |
Staff |
1 |
1 |
|||||
|
Cost |
€23,193 |
€19,024 |
||||||
|
Conor Lenihan, Minister of State |
Staff |
2 |
2 |
|||||
|
Cost |
€15,912 |
€75,937 |
||||||
|
Minister Dermot Ahern (30th Dail) |
Staff |
4 |
4 |
4 |
4 |
|||
|
Cost |
€200,376 |
€325,944 |
€278,477 |
€321,630 |
||||
|
Minister Alan Shatter (31st Dail) |
Staff |
4 |
4 |
4 |
||||
|
Cost |
€143,930 |
€260,882 |
€106,548 |
166. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of fixed penalty notices for drivers holding a mobile phone while driving that were issued in 2010, 2011, 2012 and to date in 2013. [22053/13]
Amharc ar fhreagraDriving while holding a mobile phone is a Fixed Charge Penalty Offence and subject to ongoing enforcement by the Garda authorities. I am advised 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.
The following table sets out the total number of Fixed Charge Notices issued by An Garda Síochána in the period 2010 to 31 March, 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 March, 2013 ) |
5,730 |
|
2012 |
30,806 |
|
2011 |
33,422 |
|
2010 |
34,635 |
167. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will request An Gardaí Síochána to give additional attention to an area (details supplied) in Dublin 13, particularly at the weekends, to deal with underage drinking and anti-social behaviour; the number of complaints gardaí have received regarding this location in 2012 and to date in 2013; the amount of alcohol seized at this location in 2012 and to date in 2013; the number of arrests made at this location; and the number of minors dealt with under the juvenile diversion programme. [22054/13]
Amharc ar fhreagraAs the Deputy will be aware, An Garda Síochána has in place measures to address difficulties which arise with respect to public disorder and anti-social behaviour generally including the designation of certain areas as hotspots for such criminality with additional patrols directed accordingly. I have requested a report from the Garda authorities in relation to the specific circumstances described by him and will contact the Deputy directly as soon as the report is to hand.
168. Deputy Andrew Doyle asked the Minister for Justice and Equality if he envisages the expansion in the number of members of the Judiciary due to the set-up of the Court of Appeal, should it pass a referendum; his views on the number of members of the Judiciary that will be required as a result of the new court being established; if the new court's judges will be at the same level of that as a current High Court judge; and if he will make a statement on the matter. [22067/13]
Amharc ar fhreagraAs the Deputy will be aware, the question of the appointment of judges to the Court of Appeal will not arise unless the People approve its establishment in the Referendum, in which case a Bill will be enacted setting out the various operational aspects of the Court, including the number of judges to be appointed to the Court. I announced earlier this week that the Government has decided to increase the number of Supreme Court judges by two as an interim measure to address the backlog in the Supreme Court and Court of Criminal Appeal.
Ahead of the Referendum, therefore, I intend to consult with interested parties, including my colleagues in Government and the Judiciary, before deciding on the optimal number of judges that should be appointed to the new Court, taking into account its expected workload and the future shape of the Supreme Court. Without prejudging the outcome of the consultations, it would be expected that the number of Supreme Court judges would reduce somewhat as the backlog of cases is dealt with. The salary is yet to be decided but the level will be between that of a High Court judge and a Supreme Court judge.
