Written Answers Nos. 47-53
48. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will consider incorporating a model based on the sentencing council in England and Wales within the new judicial council Bill expected this year. [5332/14]
Amharc ar fhreagraAs the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.
The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System (ISIS) website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. ISIS is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much welcomed the initiative led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information via the website.
The Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges" and this commitment is being pursued in the proposed Judicial Council Bill. As well as providing for the establishment of a Judicial Council and Board that will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of judicial misconduct supported by the establishment of a Judicial Conduct Committee which will have lay representation. An Interim Judicial Council has been established by the judiciary pending enactment of the Bill. Work on the drafting of the new Bill continues in conjunction with the Offices of the Attorney General and of Parliamentary Counsel and its publication is expected to take place early this year. It is not intended that the Judicial Council Bill will make additional provision in relation to matters of sentencing policy.
The Deputy is also aware that I established a Penal Policy Review Group to carry out a review incorporating an examination and analysis of all aspects of penal policy including sentencing policies. I expect that Group to report within a few months.
It might also be noted that a Sentencing Council was not advocated by the Law Reform Commission in its Report on Mandatory Sentencing which was published last year. The report covers a number of complex issues and the recommendations contained in the report will be fully considered in my Department together with the report of the Penal Policy Review Group when it has been finalised.
49. Deputy John Browne asked the Tánaiste and Minister for Foreign Affairs and Trade if he will arrange for Irish embassy officials to visit an Irish person (details supplied) who is currently being held in a UK prison. [5815/14]
Amharc ar fhreagraI wish to inform the Deputy that our Embassy in London has become aware of the individual named by him in recent days. The Head of Consular Services at the Embassy has written to the individual and offered consular assistance as appropriate, which may include a visit, if so requested. The individual has also been provided with the contact details of the Irish Council for Prisoners Overseas, which has an office in the UK, and which offers support, which may include a visit if requested, to Irish citizens in prison abroad. The Deputy may wish to note that neither the individual, nor his family, have been in direct contact with the Consular Assistance Unit of my Department.
50. Deputy Anthony Lawlor asked the Minister for Finance further to the upcoming renewal of the licence for the tote, currently with Horse Racing Ireland, if this licence will be up for public tender in order to generate the maximum income for the State and to assist the horse racing industry; and if he will make a statement on the matter. [5832/14]
Amharc ar fhreagraThe tote was established under the Totalisator Act 1929 and to date Bord Na gCon and Horse Racing Ireland (or their predecessors) are the only bodies licensed to operate a tote. The primary purpose of this arrangement is to fund the horse and greyhound racing industry in Ireland. The licence for Tote Ireland is due to expire in 2014 and an application for its renewal is under consideration in my Department. The Deputy will be aware that the operation of the tote is to be reviewed in the context of the forthcoming Gambling Control Bill which is currently under preparation by my colleague the Minister for Justice and Equality.
51. Deputy Jack Wall asked the Minister for Finance if a person (details supplied) in County Kildare should be exempt from the universal social charge; and if he will make a statement on the matter. [5723/14]
Amharc ar fhreagraI have been advised by the Revenue Commissioners that the universal social charge is not payable where the annual income of an individual does not exceed €10,036. Income subject to the universal social charge includes private pension income but excludes all payments made by the Department of Social Protection. If the person concerned wishes to seek a review of tax liability for 2013 she may make contact with the Revenue Commissioners. It is not possible based on the information supplied to determine whether the individual concerned will be exempt from the universal social charge for 2014.
52. Deputy Sean Fleming asked the Minister for Finance if he is concerned that the transfer from Dublin to Edinburgh of Ulster Bank's mortgage arrears unit will adversely affect the ability of the bank to meet its targets under the mortgage arrears resolution targets; and if he will make a statement on the matter. [5812/14]
Amharc ar fhreagraThe Central Bank has advised that it does not comment on the commercial decisions of individual regulated entities. In a supervisory capacity, the Central Bank oversees and reviews bank practices and regulatory adherence. In addition, the Central Bank monitors the specified Credit Institutions in relation to the Mortgage Arrears Resolution Targets (MART).
The Deputy will be aware that the Central Bank's Mortgage Arrears Resolution Targets announced last March set time bound and measurable targets for the main banks requiring them to systematically address their arrears book. The specified Credit Institutions to which the MART applies are:
- ACC;
- AIB;
- Bank of Ireland;
- KBC Bank Ireland;
- Permanent TSB;
- Ulster Bank.
On the basis of their audit of the bank s mortgage arrears targets, the Central Bank has indicated that all six mortgage lenders covered by the MART process have reported that they met the 20% proposed sustainable solutions target for the second quarter of 2013 and also the 30% target for the third quarter in 2013.
Public quarterly targets have now been set for the period up to June 2014 requiring the banks to propose by end-March 2014 sustainable solutions to 70% of mortgages in arrears greater than 90 days, rising to 75 % by the end of June 2014. The Central Bank is now also requiring banks to conclude sustainable solutions with 15% by end December 2013, 25% by end March 2014 and 35% by end of June 2014.
Preparation work is underway by the Central Bank for the next round of MART audits which will focus on the Quarter 4 2013 MART submissions reviewing progress made against cumulative proposed and concluded targets. The RBS review by the UK Government confirms the continuing role that Ulster Bank will have in the lending and deposit taking business for all customers here in Ireland. The consumer protections provided by the Code of Conduct on Mortgage Arrears and the Consumer Protection Code are still available to Ulster Bank customers.
53. Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Question No. 196 of 28 January 2014, the nature of each consultancy contract; and the description of the work carried out in each case. [5817/14]
Amharc ar fhreagraThe information requested by the Deputy could not be collated in the time available. I will respond directly to the Deputy as soon as possible.
