Written Answers Nos. 1116-1133
1116. Deputy Andrew Doyle asked the Minister for Justice and Equality if he intends to include legal executives within the Legal Services Regulation Bill; and if he will make a statement on the matter. [38574/13]
Amharc ar fhreagraI have clearly set out the situation in relation to this matter in my Written Replies to Questions No. 152 and 154 of 30 January 2013, Question No. 278 of 14 February 2013 and Question No. 387 of 18 June 2013, which I will, therefore, reiterate.
As the Deputy will be aware, the Legal Services Regulation Bill 2011 has commenced Committee Stage in the Dáil which will resume in the coming weeks. The Bill does not make any provision in relation to the role or status of "legal executives" nor is any such provision envisaged. It is clear from the correspondence I have received from the Irish Institute of Legal Executives Ltd that the scope of their proposals to confer legal status and a whole range of functions on such a category of persons is extensive and goes beyond those measures to be introduced under the Legal Services Regulation Bill.
The proposals being made by the Irish Institute of Legal Executives Ltd, on behalf of its members, are very far-reaching. They relate inter alia to "a right of audience in the District and Circuit Courts, before tribunals and, subject to review, subsequently in all courts", and to the eligibility of members for quasi-judicial and judicial appointments (e.g as District Court judges or members of Tribunals). These proposals also draw heavily from the regulatory and practise models of England and Wales which have separate histories and do not always correspond to those of our jurisdiction nor to those set out under current Government policy in the Legal Services Regulation Bill 2011. As such, they are premature in a number of key respects and give rise to a range of substantive issues that cannot be addressed, in legislative terms, by merely adding a handful of provisions to this Bill.
While recognising that there may be additional benefits and efficiencies to be found for consumers and for the legal services sector in a more developed role for "legal executives" in the future, the very far-reaching proposals being made on their behalf at this time lie beyond the scope of the Legal Services Regulation Bill impinging, as they do, on aspects of the courts and the judiciary. Such matters, including their constitutional and other substantive aspects, will need to be considered carefully and separately on their own merits, while others may come to be considered in due course by the new Legal Services Regulatory Authority. It nonetheless remains open to legal executives, who are so minded, to pursue the career of solicitor or barrister by way of capitalising on their acquired legal knowledge and experience.
1117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of residency status in the case of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [38586/13]
Amharc ar fhreagraThe person concerned had a Deportation Order made against him, on 3rd June, 2010, following the refusal of his asylum application and his application for subsidiary protection and the subsequent detailed consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). The person concerned lodged judicial review proceedings in the High Court, challenging the decision to make a Deportation Order and the refusal of his subsidiary protection application. These proceedings were settled by agreement on the basis that the case of the person concerned would be re-considered by the Irish Naturalisation and Immigration Service. The Deportation Order made on 3rd June, 2010 was formally revoked on 11th April, 2013.
The person concerned has submitted a fresh application for subsidiary protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for subsidiary protection is refused, the position in the State of the person 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 a final decision is made. Once a final decision has been made, this decision and the consequences of the decision, will be conveyed in writing to the person concerned.
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.
1118. Deputy Sandra McLellan asked the Minister for Justice and Equality when Traveller ethnicity will be put before the Government for a decision; and if he will make a statement on the matter. [38587/13]
Amharc ar fhreagraI would like to inform the Deputy that serious consideration is being given to this issue which remains ongoing, with a view to ensuring that full analysis of all aspects of the granting of ethnic status to Travellers is available to Government when coming to a decision on the matter in due course.
I would like to remind the house that Travellers in Ireland have the same civil and political rights as other citizens under the Constitution. The key anti-discrimination measures, the Prohibition of Incitement to Hatred Act, 1989, the Unfair Dismissals Acts 1977, the Employment Equality Acts and the Equal Status Acts specifically identify Travellers by name as a group protected. The Equality Act 2004, which transposed the EU Racial Equality Directive, applied all the protections of that Directive across all of the nine grounds contained in the legislation, including the Traveller community ground. All the protections afforded to ethnic minorities in EU directives and international conventions apply to Travellers because the Irish legislation giving effect to those international instruments explicitly protects Travellers.
1119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for leave to remain in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [38595/13]
Amharc ar fhreagraThe person concerned entered the State in December 2007 and applied for a declaration of refugee status. This application was refused in May 2008 and an appeal was lodged to the Refugee Appeals Tribunal (RAT). The decision was upheld by the RAT in June 2009. He was invited to make an application for Subsidiary Protection and also make representations pursuant of Section 3 of the 1999 Immigration Act as to why a Deportation Order should not be made in his case.
An application for Subsidiary Protection was submitted and considered. He was notified that the application was refused in April 2011. Representations made pursuant to Section 3 were also considered and it was decided that a Deportation Order should be signed. A Deportation Order duly issued to the person concerned on 9 June 2011.
Judicial Review proceedings challenging the refusal of Subsidiary Protection and the making of the Deportation Order were issued in the High Court on 6 July 2011. As these proceedings are still ongoing the matter is, therefore, sub judice and I do not propose to comment further.
I should 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.
1120. Deputy John Lyons asked the Minister for Justice and Equality the number of cases in his Department currently awaiting decision based on the Zambrano judgement; and the measures being taken to address the backlog of cases. [38622/13]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that as of 31st August, 2013, approximately 800 applications of the nature referred to by the Deputy were awaiting a decision. To put that number in context about 3,100 applications have been received in total.
I am further advised that in over 400 of the cases on hand, the relevant applicants have been formally requested to submit further information or documentation before the cases in question could be considered further. While every effort is being made to process the cases on hand as quickly as possible, many of the outstanding cases are complex and, as such, will require very detailed examination before final decisions can be arrived at. Accordingly, bearing in mind the numbers of cases already processed and the information as outlined above, I do not consider there is a backlog of cases on hand.
The Deputy should also note that these figures do not include the cases of persons who are outside the State and have applied for a visa from their local Embassy or Consulate, based on the principles of the Zambrano Judgment. INIS does not record Zambrano based visa applications in such a manner that would enable those cases to be disaggregated from overall visa applications.
1121. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on the recent implications for Ireland as a result of European Union proposals to transfer and process passenger name record data between Canada and the European Union; and if he will make a statement on the matter. [38637/13]
Amharc ar fhreagraPassenger Name Record (PNR) data is information relating to passengers and their travel which is collected and held by air carriers. PNR data is a tool of proven value to law enforcement services in countering terrorism and serious crime, increasingly for example in trafficking in drugs and people.
This proposed Agreement makes provision for the transmission to the Canadian authorities of PNR data collected by airlines flying between EU airports and Canada. Under the Agreement the purpose of processing of the PNR data is strictly limited to preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime.
Ireland supports the proposed Agreement which is among a series of measures being taken at EU level in the fight against terrorism and serious transnational crime. The EU has recently concluded and signed similar PNR agreements with Australia in 2011 and with the US in 2012. Ireland opted in to both these Agreements in accordance with Protocol 21 of the Treaty on the Functioning of the European Union.
Under the proposed Agreement, air carriers operating flights to and from Canada will be obliged to transmit the PNR data which they already collect to the Canada Borders Services Agency. The proposal therefore will apply to flights operating between Ireland and Canada. As with other PNR Agreements, the proposal contains a number of specific safeguards in relation to privacy and data protection, data security, oversight, accountability, transparency and rights of access to information, correction of errors and redress.
Any concerns surrounding the sharing of personal data have to be balanced against the potential value of PNR data in investigations into drug smuggling, human trafficking or international terrorism, and the importance of giving a clear demonstration of our continued support and solidarity with the international community in the fight against these activities
1122. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of residential institutions redress related cases against the State that are currently with the High Court; and the number that are awaiting a hearing in the Supreme Court; and if he will make a statement on the matter. [38658/13]
Amharc ar fhreagraAs the Deputy will be aware, under the Courts Service Act 1998, the management and administration of the courts is a matter for the Courts Service while the allocation of the business of the courts, scheduling of cases and management of lists are matters for the judiciary and in particular the Presidents of the courts. The Deputy will also be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they have taken "residential institutions redress related cases against the State that are currently with the High Court" to denote cases in which an applicant under the Residential Institutions Redress Act is applying to the High Court for the judicial review of a decision of the Residential Institutions Redress Board. I am informed that there are currently 24 cases in which High Court Judicial Review proceedings against the Residential Institutions Redress Board have been commenced, and in which no final order has been made. Two such cases are awaiting a hearing in the Supreme Court.
1123. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the full year saving to the Exchequer of commuting all prison sentences of six months or less for non-payment of fines and replacing them with community service orders. [38659/13]
Amharc ar fhreagraWhile it is not possible to provide detailed costings I can inform the Deputy that the number of committals to prison for non-payment of a court order fine in 2012 was 8,304.
I am strongly of the view that we need to keep the numbers of people committed to prison for the non-payment of fines to the absolute minimum. I recently published the Fines Payment and Recovery Bill which represents a major reform of our fine payment and recovery system and provides for the payment of fines by instalment and attachment of earnings.
Allowing everyone to pay a fine by instalment and introducing attachment of earnings are important new reforms to the fine collection system which will lead to improved collection rates for fines. The new measures provided for, combined with the requirement that judges must take a person’s financial circumstances into account when setting a fine, should result in a reduction in the number of people committed to prison.
When this Bill is enacted, it will be easier for people to pay a fine and where they fail to do so, there will be sufficient alternatives available to the courts to all but eliminate the need to commit anyone to prison for the non-payment of fines.
1124. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of fines-related only prison sentences of six months or less over the past 12 months; and if he will provide in tabular form a breakdown of these sentences by the number of months served. [38660/13]
Amharc ar fhreagraI can advise the Deputy that the information requested is not readily available. I will forward the reply to the Deputy as soon as the information is to hand.
However, in 2012 there were a total of 8,304 committals to prison for non-payment of a Court ordered fine. Based on a statistical sample, the Irish Prison Service has determined that the vast majority of these committals spent less than 2 days in custody and on average spent 1 day or part of a day in custody.
1125. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of Garda sergeant and inspector posts which are vacant in each district in the Dublin metropolitan region. [38734/13]
Amharc ar fhreagraThe Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
While regulations have previously provided for the numbers permitted in each rank, these have been upper ceilings for those numbers, rather than target strengths, and are set at a national rather than local level. It is therefore not generally practical to indicate precise levels of vacancies at the different ranks in specific locations.
However, I am informed by the Garda Commissioner that the strength of those ranks mentioned, in each District in the Dublin Metropolitan Region (D.M.R.), on 31 August 2013, the latest date for which figures are readily available, was as set out in the table.
The Deputy will appreciate that, as with any large organisation, on any given day, the personnel strength of Garda divisions and stations may fluctuate due, for example, to promotions, retirements and transfers.
|
D.M.R. |
District |
Sergeants |
Inspectors |
|
East |
Blackrock |
21 |
3 |
|
Dun Laoghaire |
28 |
5 |
|
|
North |
Balbriggan |
10 |
1 |
|
Ballymun |
31 |
4 |
|
|
Coolock |
27 |
5 |
|
|
Raheny |
19 |
4 |
|
|
Bridewell |
30 |
6 |
|
|
Fitzgibbon St. |
19 |
4 |
|
|
Store St. |
32 |
3 |
|
|
South |
Crumlin |
27 |
5 |
|
Tallaght |
28 |
4 |
|
|
Terenure |
21 |
3 |
|
|
South Central |
Donnybrook |
18 |
4 |
|
Kevin St. |
29 |
4 |
|
|
Pearse St. |
36 |
5 |
|
|
West |
Blanchardstown |
43 |
7 |
|
Clondalkin |
20 |
5 |
|
|
Lucan |
20 |
5 |
|
|
Total |
459 |
77 |
1126. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of new additional Garda public order vans and unmarked Garda cars which were purchased in 2012 and to date in 2013. [38735/13]
Amharc ar fhreagraDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the context of his identified operational demands and in the light of available resources.
In that context, I am advised by the Garda authorities that 101 multipurpose Garda patrol vans were purchased in 2012. These vehicles are designed to fulfil a number of operational roles, including public order duties. I am also informed that An Garda Síochána purchased a further 5 vans and 20 unmarked cars in 2012. To date 71 unmarked cars have been purchased in 2013.
1127. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number and location of Garda stations in the Dublin metropolitan region that operate the Garda community text alert scheme; and if there are plans to extend this scheme. [38736/13]
Amharc ar fhreagraI am informed by the Garda authorities that the establishment of Garda Text Alert Schemes to augment existing Community Crime Prevention Programmes is currently being considered by An Garda Síochána. I am further informed that this initiative, which was developed through close cooperation between An Garda Síochána, Muintir na Tire, Neighbourhood Watch, the Irish Farmers Association and related stakeholders, had been piloted in a number of locations, including some locations in the Dublin Metropolitan Region. The outcome of those pilots is informing the consideration of an overall text alert policy which is under way at present.
1128. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of bench warrants currently outstanding in the Garda R and J districts of the Dublin metropolitan region. [38737/13]
Amharc ar fhreagraIn the time available it has not been possible for the Garda authorities to supply the information requested by the Deputy. I will be in contact with the Deputy when the information is to hand.
1129. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form for the years 2011, 2012 and to date in 2013, the number of fatal road collisions in which one or more of the drivers involved held a provisional licence. [38738/13]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
1130. Deputy Finian McGrath asked the Minister for Justice and Equality the reason support was not forthcoming in respect of a person (details supplied) in Dublin 5. [38750/13]
Amharc ar fhreagraI am informed by the Garda authorities that the matter referred to by the Deputy is currently under investigation by An Garda Síochána.
The Deputy will appreciate that as this matter is under investigation it would not be appropriate for me to comment further at this time.
1131. Deputy Paudie Coffey asked the Minister for Justice and Equality if he will consider introducing legislation that would allow for a recoupment scheme for persons who are in receipt of criminal legal aid and are convicted; whether that be by way of seizure of assets or a contribution from future earnings; and if he will make a statement on the matter. [38759/13]
Amharc ar fhreagraExpenditure on the Criminal Legal Aid Scheme for 2012 came to €50.5 million which represented a reduction of 10% over 2011. This is the largest reduction in the annual expenditure ever recorded and represents a fall of approximately €10 million, or 16%, over the peak recorded in 2009. This follows a number of measures introduced since I came into office including significant cuts to practitioners' fees during 2011.
Under the Criminal Justice (Legal Aid) Act 1962 the courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid him/herself. The Act specifies that the court must also be satisfied that by reason of the "gravity of the charge" or "exceptional circumstances" it is essential in the interests of justice that the applicant should have legal aid.
The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if he/she cannot afford to pay for legal representation there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend him/herself in person or through legal assistance of his/her own choosing or, if he/she has insufficient means to pay for legal assistance, to be given it free when the interests of justice so require.
A new Criminal Legal Aid Bill is being drafted to update and strengthen the system of granting legal aid including the transferring of responsibility for the administration of the Scheme to the Legal Aid Board. Consideration is being given to including in the Bill provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, allow the Board to verify the means of applicants and to prosecute in cases of abuse. Provisions to give power to the Legal Aid Board to recover the costs of criminal legal aid or to make application to a court to revoke a criminal legal aid certificate are also under consideration. These provisions will have regard for a person's right to the presumption of innocence, to a fair trial and to be given legal aid where appropriate.
1132. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding an Act to end sex trafficking and prostitution in 2013 (details supplied); and if he will make a statement on the matter. [38783/13]
Amharc ar fhreagraThe publication referenced in the Deputy's question is the recent report of the Joint Committee on Justice, Defence and Equality on hearings and submissions on the current review of prostitution legislation. The Joint Committee published its report on 27 June last and the report is being examined.
It should be noted that existing legislation includes offences of organising prostitution, brothel keeping, living off the earnings of prostitution and human trafficking for sexual exploitation.
1133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for leave to remain in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [38787/13]
Amharc ar fhreagraThe person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9th July, 2008, that the then Minister proposed to make a Deportation Order in respect of him. He was 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 written representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for subsidiary protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for subsidiary protection. Following consideration of this application, it was determined that the person concerned was not eligible for subsidiary protection. The person concerned was notified of this decision by letter dated 22nd April, 2010. The same communication advised the person concerned that, as an exceptional measure, he was being granted permission to remain, on Stamp 3 conditions, for a six month period during which he was required to submit identity documentation to attest to his identity and nationality with any renewal of his initial permission to remain being conditional on his doing so. While an identity document was subsequently submitted, it was found, on examination, not to be a valid document.
While the person concerned has sought the renewal of his permission to remain, this request cannot be accommodated until such time as verifiable documentary evidence is submitted to attest to his identity and nationality.
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.
