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Thursday, 23 May 2013

Written Answers Nos. 138-146

Housing Management Companies

Ceisteanna (138, 139)

Bernard Durkan

Ceist:

138. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent of any current discussions between his Department and Kildare County Council in respect of a housing association (details supplied) in County Kildare with particular reference to the possibility of returning the properties concerned to the local authority; and if he will make a statement on the matter. [24980/13]

Amharc ar fhreagra

Bernard Durkan

Ceist:

139. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government if an examination has been done as to the period during which a housing association (details supplied) in County Kildare was struck off the Companies Register or otherwise ceased to exist; when the company was restored or restructured; when his Department first became aware of such restructuring; and if he will make a statement on the matter. [24981/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 138 and 139 together.

Issues relating to t he operation and management of the Leim an Bhradain Housing Association were discussed at a recent meeting between my Department and Kildare County Council. My Department was advised by the Council of changes to the board of the housing association and that a general meeting will take place in early June. My Department will review the position with Kildare County Council in the light of the outcome of the general meeting.

My Department was not informed by either the Leim an Bhradain Housing Association or the Companies Registration Office that the approved body was struck off the Companies Register.

Local Government Reform

Ceisteanna (140, 141, 142)

Eric J. Byrne

Ceist:

140. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government in the context of Putting People First, while the partnerships are represented on the alignment group through the three ILDN representatives, his views on whether this group is lacking in its full representation of the community sector in the absence of a trade union representative; his further views that the socio economic committee in each city and county should accommodate a trade union representative or worker representative; and if he will make a statement on the matter. [25010/13]

Amharc ar fhreagra

Eric J. Byrne

Ceist:

141. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government in the context of Putting People First, his views on whether there should be an amendment to ensure that a workers representative can be appointed to the alignment implementation working group; and if he will make a statement on the matter. [25011/13]

Amharc ar fhreagra

Eric J. Byrne

Ceist:

142. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government if he will outline the necessary legislative changes to establish the alignment implementation working group and when it will be initiated; if he will further consider the nomination and participation of a union or worker representative on this alignment implementation working group; and if he will make a statement on the matter. [25012/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 140 to 142, inclusive, together.

Following publication of Putting People First – Action Programme for Effective Local Government, an ad hoc Alignment Working Group was established in February 2013 to assist and advise on the implementation of the recommendations of the Local Government/Local Development Alignment Steering Group. The Working Group includes representatives of the Irish Local Development Network – the national representative body for Ireland’s 50 local development companies – as well as the City and County Managers Association and Pobal. The Group is chaired and supported in its work by my Department. There was no legislative provision required to establish the Group.

In its membership, drawn primarily from the local government and local development sectors, I believe that the Working Group has the correct focus. While it is not intended to extend the membership of the Group, I am satisfied that the members have sufficient scope to consult with their nominating bodies so as to fairly and accurately represent staff and relevant stakeholders. In addition, it is open to the Working Groups to invite other stakeholder representatives to participate where required.

The membership of the Socio-Economic Committees will comprise local authorities, State agencies, the local and community development sectors and other representatives of civil society in the local authority area concerned. The membership will be determined locally in response to the specific needs of the City or County concerned, within general guidelines that are under consideration by the Alignment Working Group. Bearing in mind the recommendation of the Alignment Steering Group that Socio-Economic Committee total membership be approximately 15, it may not be possible to accommodate all interest groups on all Socio-Economic Committees.

Proposals for participation in Socio-Economic Committees, including one from the Irish Congress of Trade Unions, have been made available to all areas where Socio-Economic Committees are being formed.

Departmental Legal Costs

Ceisteanna (143)

Sean Fleming

Ceist:

143. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government his views on whether sufficient progress is being made in reducing the State's legal bill in his Department and any State agencies under his aegis; and if he will make a statement on the matter. [25166/13]

Amharc ar fhreagra

Freagraí scríofa

Legal costs incurred by my Department arise primarily as a result of the process and outcome of litigation; there are, therefore, significant factors outside the control of my Department in relation to such costs. Within this context, every effort is made by my Department to keep costs to a minimum through, inter alia , proper management of legal cases, use of dedicated expertise in other public bodies (Attorney General’s Office (Advisory Counsel), Chief State Solicitor’s Office, State Claims Agency) and competitive tendering for external legal services where these are required. Legal costs incurred by bodies under the aegis of the Department are a matter for the bodies concerned.

Common Travel Area

Ceisteanna (144)

Andrew Doyle

Ceist:

144. Deputy Andrew Doyle asked the Minister for Justice and Equality the effect a United Kingdom withdrawal from the European Union would have on the common travel area between Ireland, Northern Ireland, Great Britain, the Isle of Man and the Channel Islands; and if he will make a statement on the matter. [24934/13]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy no doubt will appreciate, it would be futile to speculate on what might happen across a huge range of areas and activities between Ireland and the UK should the UK exit the EU. Quite clearly the existence of the Common Travel Area is of the most profound importance in the conduct of trade, business and travel for citizens of both jurisdictions. Any action that would jeopardise or disturb well-settled public policy in this area would be completely inimical to the interests of both countries. In a scenario where, for example, Ireland joined the Schengen Agreement for the purposes of border control and visas, and the UK had exited the EU, the question of systematic immigration checks at all points of entry to Northern Ireland from here would be an issue to be resolved. There would also be many other such practical issues - none of which could be resolved without causing major disruption in the relationship between the countries.

I can assure the Deputy that the preservation of the Common Travel Area is of immense political, economic and social significance to both Ireland and the United Kingdom. The Deputy may recall that in the Joint Statement on British Irish relations - the Next Decade, signed by the Taoiseach and the British Prime Minister on 12th March, 2012 reference is made to the Common Travel Area in the following terms: "We remain firmly committed to preserving and protecting the Common Travel Area, which allows ease of travel for our people. We will continue to work together on immigration issues, and to combat potential vulnerabilities from terrorism, illegal immigration and organised crime."

Personal Insolvency Act

Ceisteanna (145)

Tom Hayes

Ceist:

145. Deputy Tom Hayes asked the Minister for Justice and Equality if, where a person and their spouse apply for insolvency, entering an insolvency agreement will affect the spouse's qualified financial advisor qualification; if it will affect other employment opportunities with AIB, Bank of Ireland or other State-owned companies.. [24964/13]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my reply to Parliamentary Question 278 on 7th May, 2013. The position remains as stated.

Reply to Parliamentary Question 278 of 7th May, 2013.

The Personal Insolvency Act 2012 does not require that a person's employment be affected by entering into an insolvency arrangement. However, certain professions may be governed by bodies where personal finances may be subject to regulation requirements.

Therefore, it would not be appropriate for me to comment on the possible consequences of a person entering into an insolvency arrangement. It would, rather, be a matter for the relevant professional body and/or employer, as the case may be. I should also note that the specifics of individual cases whereby persons may be seeking an insolvency arrangement are a matter for the Insolvency Service of Ireland rather than for me as Minister.

Services for People with Disabilities

Ceisteanna (146)

Pearse Doherty

Ceist:

146. Deputy Pearse Doherty asked the Minister for Justice and Equality his plans, if any, to bring forward legislative proposals to allow access to digital audio recording of court proceedings for individuals with specific disabilities in order to enable them to prepare a legal defence; and if he will make a statement on the matter. [24800/13]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and the conduct of any case is a matter entirely for the presiding judge.

I can inform the Deputy that relevant Rules of the District Court, Circuit Court and Superior Courts (SI Numbers 99/2013, 100/2013 and 101/2013) came into effect on 8 April 2013. These instruments regulate the procedures whereby parties or other persons wishing to have access to records of court proceedings, including audio recordings, may apply to the court concerned for access to such records. The instruments also set out the terms on which such access may be granted. There is nothing to prevent a party to a case applying to the court to access the recording. However, the granting of access and the terms under which such access is granted is a matter for the court.

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