Written Answers Nos. 243-253
243. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if additional members of An Garda Síochána will be deployed to Operation Clean Tram during the Christmas and new year period. [54842/13]
Amharc ar fhreagraThe Deputy will be aware that the allocation of resources is a matter for the Garda Commissioner and one in which I have no function. While it would not be appropriate to comment on any ongoing operational matters, I can inform the Deputy that Operation Clean Tram is a specific operation involving liaison between Veolia Transport Security and An Garda Síochána and involves LUAS Security Ticket Checkers being accompanied by members of An Garda Síochána on random patrols. These patrols will generally be at peak night time and are part of the high visibility initiative over the Christmas and New Year period.
244. Deputy Heather Humphreys asked the Minister for Justice and Equality the person who appointed the acting coroners; and if he will make a statement on the matter. [54848/13]
Amharc ar fhreagra245. Deputy Heather Humphreys asked the Minister for Justice and Equality the term of office of each coroner and acting coroner; and if he will make a statement on the matter. [54849/13]
Amharc ar fhreagra246. Deputy Heather Humphreys asked the Minister for Justice and Equality the person who remunerates coroners and the current scale of salary for each coroner; and if he will make a statement on the matter. [54850/13]
Amharc ar fhreagra247. Deputy Heather Humphreys asked the Minister for Justice and Equality the fees and expenses payable to coroners over and above their normal salaries; and if he will make a statement on the matter. [54851/13]
Amharc ar fhreagra248. Deputy Heather Humphreys asked the Minister for Justice and Equality the total payments made to coroners in each district in the five calendar years to 31 December 2012; and if he will make a statement on the matter. [54852/13]
Amharc ar fhreagra249. Deputy Heather Humphreys asked the Minister for Justice and Equality the breakdown or make-up of the fees and expenses paid to each coroner in the five calendar years to 31 December 2012; and if he will make a statement on the matter. [54853/13]
Amharc ar fhreagraI propose to take Questions Nos. 244 to 249, inclusive, together.
The Coroners Act 1962, as amended, makes provision for matters relating to coroners. There are currently 41 coroners who service 47 coroner jurisdictions. Some coroners cover two jurisdictions, normally within a county. Section 8 of the 1962 Act states that the coroner for a coroner's district shall be appointed by the local authority in whose area the district is situated. I understand that there are currently 16 coroners in the State who were appointed through the Local Appointments Commission process referred to in the 1962 Act. In addition, 25 coroners are engaged on an acting basis. Such coroners meet the critical current criteria for all coroners, that of being a lawyer or a doctor of more than five years professional experience.
This situation in regard to acting coroners has been in place since the Report of the Coroners Review Group in 2000 as a preliminary policy approach to the reform of the coroner system. The Coroners Bill 2007 which is before the Seanad, having been restored to the Order Paper, provides for a comprehensive reform of the law, practice and structures in regard to the coroner service. The Bill envisaged a move towards having full time coroners as opposed to the current part time model. The Bill is in the course of being reviewed in my Department and in that context all governance and administrative matters in relation to coroners will be examined to determine how reform can be achieved in a cost effective manner.
The 1962 Act, in section 13(1), provides that each coroner shall appoint a deputy coroner. Such deputy coroner appointments must be approved by the relevant local authority and, following a statutory amendment in 2011, by the Minister for Justice and Equality. Under section 13(4)(a) of the Act a person appointed a deputy coroner may act for the coroner during the illness or absence of the coroner or where, for example, the office of coroner is vacant. A deputy coroner acting as coroner has all the duties and powers of a coroner. In addition a person who is appointed a deputy coroner must fulfil the requirements for appointment as a coroner. In accordance with section 11, the term of office of a coroner comes to an end when the person reaches seventy years of age. Section 13(2) also states that a coroner may at any time revoke the appointment of a deputy coroner made by them but such revocations do not have effect until a new deputy coroner has been appointed.
With regard to financial payments to coroners, the position is that such payments are made by local authorities. In this context the remuneration for a coroner is made up of a basic retainer, which is intended to cover, for example, on-call duty and office expenses, and a fee per case which is paid in relation to work carried out on the following basis:
- Death reported: €129.68;
- Death certified following post mortem: €188.54; and
- Death certified following post mortem and inquest: €522.97.
The following table shows the retainers payable in respect of each coronial district. With regard to the more detailed financial information the Deputy has sought, over a five-year period, the position is that the relevant material is being compiled and I will send it to her as quickly as possible.
|
CORONIAL JURISDICTION |
AMOUNT |
|
CARLOW |
€17,932.00 |
|
CAVAN |
€17,932.00 |
|
CLARE |
€21,774.00 |
|
CORK CITY |
€44,152.00 |
|
CORK SOUTH |
€21,774.00 |
|
CORK NORTH |
€17,932.00 |
|
CORK WEST |
€21,774.00 |
|
DONEGAL SOUTH WEST |
€12,807.00 |
|
DONEGAL NORTH EAST |
€12,807.00 |
|
DONEGAL NORTH WEST |
€17,932.00 |
|
DONEGAL SOUTH EAST |
€12,807.00 |
|
DUBLIN |
€27,595.00 |
|
GALWAY NORTH |
€12,807.00 |
|
GALWAY WEST |
€21,774.00 |
|
GALWAY EAST |
€21,774.00 |
|
KERRY NORTH |
€12,807.00 |
|
KERRY SOUTH EAST |
€17,932.00 |
|
KERRY WEST |
€17,932.00 |
|
KILDARE |
€21,774.00 |
|
KILKENNY |
€21,774.00 |
|
LEITRIM |
€12,807.00 |
|
LAOIS |
€17,932.00 |
|
LIMERICK SOUTH EAST |
€21,774.00 |
|
LIMERICK WEST |
€12,807.00 |
|
LIMERICK CITY |
€12,807.00 |
|
LONGFORD |
€12,807.00 |
|
LOUTH |
€21,774.00 |
|
MAYO EAST |
€12,807.00 |
|
MAYO SOUTH |
€21,774.00 |
|
MAYO NORTH |
€12,807.00 |
|
MEATH |
€21,774.00 |
|
MONAGHAN NORTH |
€12,807.00 |
|
MONAGHAN SOUTH |
€12,807.00 |
|
OFFALY |
€21,774.00 |
|
ROSCOMMON |
€17,932.00 |
|
SLIGO |
€21,774.00 |
|
TIPPERARY NORTH |
€21,774.00 |
|
TIPPERARY SOUTH |
€17,932.00 |
|
WATERFORD EAST |
€12,807.00 |
|
WATERFORD WEST |
€12,807.00 |
|
WATERFORD CITY |
€17,932.00 |
|
WESTMEATH |
€17,932.00 |
|
WEXFORD |
€21,774.00 |
|
WICKLOW WEST |
€12,807.00 |
|
WICKLOW EAST |
€17,932.00 |
250. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide an update regarding a person (details supplied); and if he will make a statement on the matter. [54871/13]
Amharc ar fhreagra251. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide an update as to when a meeting (details supplied) regarding justice; and if he will make a statement on the matter. [54872/13]
Amharc ar fhreagraI propose to take Questions Nos. 250 and 251 together.
I have sought updated reports in relation to the issues arising in this case from the Garda Commissioner and the Chief Executive Officer of the Private Security Authority. I will revert to the Deputy when these reports are to hand and I have considered their contents.
252. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will advise as to the average time it takes for Criminal Assets Bureau, CAB, to seize assets on foot of a court ruling; the total number of cases before CAB at present, the appeals defendants have made and the process involved; and if he will make a statement on the matter. [54873/13]
Amharc ar fhreagra253. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of cases and the value of assets seized by the Criminal Assets Bureau during the past five years; and if he will make a statement on the matter. [54874/13]
Amharc ar fhreagraI propose to take Questions Nos. 252 and 253 together.
I can inform the Deputy that section 2 of the Proceeds of Crime Act 1996 provides for the short term freezing of assets up to a period of 21 days. This period may be extended in circumstances where the Criminal Assets Bureau brings subsequent proceedings within the 21 days under section 3 of the Act. Assets the subject of section 3 proceedings remain frozen until such time as the proceedings are determined.
In circumstances where the court determines that the assets represent directly or indirectly the proceeds of crime the assets remain frozen for a minimum statutory period of seven years (unless the respondent consents otherwise). After this period the Bureau may make an application to transfer the assets to the Minister for Public Expenditure and Reform pursuant to section 4 of the Act. Of course, Officers of the Bureau continue to exercise their powers and functions as members of An Garda Síochána and the Revenue Commissioners and as such assets may be seized through powers other than those available under the Proceeds of Crime legislation. I am therefore advised that not all assets subject to investigations by the Bureau are seized but may simply be frozen whereby no dealing may be made with the assets without the leave of the Court. This would apply to such assets as bank accounts and interests in land or property. Where an asset is capable of being seized (for example moveable assets), the Bureau moves to take possession of the asset as soon as practicable. This also applies to assets over which a receiver is appointed by the High Court pursuant to section 7 of the Proceeds of Crime Act.
With regard to current Bureau cases, I can say that the Bureau has a wide range of cases currently before the courts. These include not only cases brought before the High Court under the Proceeds of Crime legislation but also cases under bankruptcy, judicial review, cases arising from appeals for decisions of the Tax Appeal Commissioners, summary proceedings before the High Court for the collection of taxes and also appeals arising under the Social Welfare Consolidation Act. At present, there are 24 cases before the courts but this number is subject to change on a daily basis as new cases are brought by or against the Bureau and others are disposed of.
As outlined, and as the Deputy will appreciate, the Bureau utilises a range of available pieces of legislation to carry out its work. It would not therefore be feasible, nor would it be appropriate, for me to outline all relevant processes applying in all circumstances where a court decision has been taken on foot of Bureau actions. I would draw the Deputy's attention to the Annual Reports of the Bureau which provide details of the activities of the Bureau during the particular year, including detailed statistics concerning actions taken in accordance with the provisions of the Proceeds of Crime, Revenue and Social Welfare legislation.
254. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to strengthen the law to which the Criminal Assets Bureau adheres because when the bureau receives an award in the courts, it does not necessarily mean the assets are handed over to it; and if he will make a statement on the matter. [54875/13]
Amharc ar fhreagraI understand the Deputy's question to refer to the destination of all monies collected by the Bureau. In this regard, I can inform the Deputy that all monies collected by the Criminal Assets Bureau are dealt with in accordance with the relevant provisions of the Proceeds of Crime legislation, Revenue and Finance legislation and Social Welfare legislation. All such monies are returned to the Exchequer and paid into the Government's Central Fund. There are no proposals to change the existing arrangements concerning such monies.
