Eoghan Murphy
Ceist:262. Deputy Eoghan Murphy asked the Minister for Defence when deliberations on the new White Paper on Defence will commence. [36890/14]
Amharc ar fhreagraDefence Forces Review
Ceisteanna (262)
Freagraí scríofa
The Green Paper on Defence, published in July 2013, set out a range of policy focused questions and initiated a broad public consultation process. This generated 122 written submissions from members of the public and other interested parties. As part of this consultation process, a number of people who made written submissions were invited to meet with civil and military staff of the Department of Defence and the Defence Forces. Discussions were also held with a range of other Government Departments on cross-cutting policy issues. The views of international organisations were also sought. These discussions are continuing, as required, throughout the White Paper process.
Working groups comprising civil and military representatives from the Department of Defence and the Defence Forces are considering likely future operational demands and the types of defence capabilities required to meet these demands. This ongoing work will underpin recommendations regarding defence provision for the next decade.
I anticipate that an initial draft White Paper will be submitted to me for my consideration by the end of 2014. I will subsequently bring the draft to Government for their consideration and approval.
Departmental Agencies
Ceisteanna (263)
Seán Kyne
Ceist:263. Deputy Seán Kyne asked the Minister for Defence if he will provide in tabular form all of the State agencies, bodies, organisations and working groups under his Department's remit; the core duties and functions of same; the number of staff at same; the budget of each for 2013 and proposed budget for 2014; the date of establishment of the agencies or organisations; and the legislation, primary or otherwise, from which they derive their powers. [37202/14]
Amharc ar fhreagraFreagraí scríofa
The only body under the aegis of my Department with specific budget, staff allocation and established under legislation is the Army Pensions Board. The Army Pensions Board is an independent statutory body established under the Army Pensions Act, 1927. The core duties and functions are to investigate and adjudicate on applications for pensions, allowances and gratuities under the Army Pensions Acts, arising from the death or disablement of members of the Permanent Defence Force in the course of their military service. The Board determines the question of attributability to service in each case; assesses the degree of disability; and reports its findings to the Department which acts on the Board’s findings including the grant of appropriate benefits.
The 1927 Act specifies that the Board shall consist of a chairman as well as two ordinary members who must be qualified medical practitioners – one a civilian doctor and the other a serving officer of the Army Medical Corps. In addition, one member of staff from the Department of Defence is assigned to carry out the functions of Secretary to the Board. The holder of this position is an established civil servant.
The budget for the Board for 2013 was €83,000 and the allocation for 2014 is €70,000. The budget allocated covers the salary of the Board’s Secretary and also the fees and expenses of the Board. The salary of the military member of the Board is borne by the Defence Vote (36), as are the associated costs of the civil service staff in the Department of Defence who administer the Defence Forces pension code.
Departmental Contracts
Ceisteanna (264)
John Paul Phelan
Ceist:264. Deputy John Paul Phelan asked the Minister for Justice and Equality when the contract for the privately operated mobile speed-detection vans is due for renewal; and if she will make a statement on the matter. [36578/14]
Amharc ar fhreagraFreagraí scríofa
The contract for the provision of a safety camera network runs for a period of 5 years from November, 2010 to November 2015, with an option to extend the contract for a further year thereafter.
Court Judgments
Ceisteanna (265)
Michael McGrath
Ceist:265. Deputy Michael McGrath asked the Minister for Justice and Equality the number of actions for repossession of houses and-or apartments initiated in the courts in 2013; the number initiated to date in 2014; the number of cases in which an order for repossession was granted; and if she will make a statement on the matter. [36685/14]
Amharc ar fhreagraFreagraí scríofa
I wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the information is as provided in the following tables. The tables set out the number of actions for possession initiated in the High Court and Circuit Court in 2013; the number of actions initiated to date in 2014; the number of cases in which an order for possession was granted in 2013 and to end of June 2014.
|
Circuit Court |
2013 |
Jan - June 2014 |
|
New cases initiated for possession of lands/ premises |
2,498 |
4,315 |
|
Possession orders made |
343 (*Residential - 310, Non Residential - 33) |
313 (Residential -267, Non Residential - 46) |
*The Courts Service has indicated that the statistics recorded in respect of possession orders granted in the Circuit Court reflect residential and non-residential orders. The statistics are not maintained to indicate whether the property concerned is a house or apartment.
|
High Court |
2013 |
Jan - June 2014 |
|
New cases initiated for possession of lands/premises |
332 |
82 |
|
*Possession orders made |
107 |
52 |
*The Courts Service has indicated that the orders made by the High Court are in respect of possession of any type of immovable property. The statistics recorded by the High Court are not maintained to reflect whether the order was in respect of a residential property.
It is important to note that orders for possession do not necessarily equate with repossessions as it is up to the person or company who obtained the order for possession to pursue its execution.
Visa Applications
Ceisteanna (266)
John Halligan
Ceist:266. Deputy John Halligan asked the Minister for Justice and Equality the position in respect of visa entry to Ireland to a non-EU national who is married to an Irish citizen (details supplied); and if she will make a statement on the matter. [36915/14]
Amharc ar fhreagraFreagraí scríofa
The general position is as set out in the Policy Document on Non-EEA Family Reunification published by my predecessor on 31 December 2013.
An Irish citizen, in order to sponsor an immediate family member to come to Ireland, must not have been totally or predominantly reliant on benefits from the State for a continuous period in excess of two years immediately prior to the making of the visa application and must, over the three year period prior to the application, have earned a cumulative gross income over and above any State benefits of not less than €40k. The onus is on the applicant to satisfy the immigration authorities as to the level of earnings or financial resources and to provide any evidence required in support of the application. Such economic considerations are a necessary part of family reunification policy in order to ensure that the public purse is not unduly burdened.
I have also been advised by my colleague the Tánaiste and Minister for Social Protection that the one-parent family payment (OFP) is a payment for persons who are bringing up a child or children without the support of a partner. In order to be eligible for this payment, the person must first meet certain qualifying conditions, satisfy a means test, and be habitually resident in the State. In general the OFP payment is payable to persons who are widowed, separated or divorced, unmarried (including a person whose marriage has been annulled or whose civil partnership has been dissolved), or whose spouse is imprisoned. Jobseeker's allowance is a means-tested payment made to people who are unemployed and who satisfy the conditions of being available for and genuinely seeking work. I am advised that significant numbers of persons with dependent children satisfy these requirements.
In the absence of specific information it is not possible to provide a more comprehensive reply. Could I suggest that the Deputy forward the details of the case in questions to the INIS Oireachtas Mail facility so that a more substantive response can be provided.
Visa Applications
Ceisteanna (267)
Robert Dowds
Ceist:267. Deputy Robert Dowds asked the Minister for Justice and Equality if there are any conditions under which South Americans who previously lived here on a stamp 1 visa may return to live here permanently. [36999/14]
Amharc ar fhreagraFreagraí scríofa
Non-EEA nationals who wish to reside in the State may only do so on the basis of a valid application for immigration permission under one of the immigration streams operated by my Department (work, study, family reunion etc). Whether previous legal residence in the State will have a bearing on that application will depend on the nature of the individual case.
In the absence of more substantive information and in order to come to a definitive position, I would suggest the Deputy forwards the details of the particular case via the INIS Oireachtas mail facility.
Departmental Contracts
Ceisteanna (268)
Denis Naughten
Ceist:268. Deputy Denis Naughten asked the Minister for Justice and Equality further to Parliamentary Question No. 593 of 15 July 2014, if she will provide the total cost and usage to date in 2014; her plans to expand the use of this service; if the tender has been received for the 50 further devices; the estimated annual cost of this contract; and if she will make a statement on the matter. [36441/14]
Amharc ar fhreagraFreagraí scríofa
The cost of the contract referred to in Parliamentary Question No. 593 from January to June 2014 is €14,438.97 (including VAT) .
Following a competitive tender, Chubb Ireland have since been awarded a new electronic monitoring contract for the Irish Prison Service. The annual cost of this contract will depend on the number of prisoners who are monitored throughout the course of the year. It is expected that the average monthly costs will be in the region of €9,500 (excluding VAT).
I have no plans to extend the use of electronic monitoring beyond that being provided for in the Sexual Offences Bill currently being drafted. The General Scheme of the Bill includes provisions for the electronic monitoring of convicted sex offenders in specific circumstances.
Crime Data
Ceisteanna (269)
Denis Naughten
Ceist:269. Deputy Denis Naughten asked the Minister for Justice and Equality the current timeframe for establishing a European criminal records information system; and if she will make a statement on the matter. [36442/14]
Amharc ar fhreagraFreagraí scríofa
The Criminal Records Information Systems Bill has been approved by Government for drafting. It is expected that it will be published and enacted in 2015. Pending the enactment of the Bill, an Garda Síochána transmits and receives relevant criminal records information with other states on an administrative basis.
Liquor Licence Applications
Ceisteanna (270, 285)
Seán Kenny
Ceist:270. Deputy Seán Kenny asked the Minister for Justice and Equality the position regarding licensing and late night opening of a pub in a residential area (details supplied) in Dublin 5; and if she will make a statement on the matter. [36453/14]
Amharc ar fhreagra
Finian McGrath
Ceist:285. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding licensing and late night closing of a club in a residential area (details supplied) in Dublin 5; and if she will make a statement on the matter. [36611/14]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 270 and 285 together.
While I am not in a position as Minister for Justice and Equality to deal with any specific cases, the general position regarding extended opening hours for licensed premises is as follows.
Section 5 of the Intoxicating Liquor Act 1927, as amended, provides that the licensee of a public house may apply to the District Court for a special exemption order which permits extended opening hours for a special occasion. However, an applicant for such an order must, not less than forty eight hours before making the application, serve on the officer in charge of the Garda Síochana for the licensing area concerned a notice of intention to apply for the order which contains details of the premises, the special occasion and the extended hours in relation to which the order is being sought.
In such cases the District Court may decide to grant the special exemption order to the applicant if it thinks fit to do so having heard the officer in charge of the Garda Síochana for the licensing area concerned. However, section 5 also states that the Court shall not grant such an order in respect of any premises unless it is satisfied that the special occasion concerned will be conducted in a manner which will not cause undue inconvenience or nuisance to people residing in the locality or create an undue threat to public order or public safety in the locality. Concerned members of the public may therefore convey any concerns they may have in relation to possible undue inconvenience or nuisance arising in respect of specified premises to the officer in charge of the Garda Síochana for the licensing area concerned.
Residency Permits
Ceisteanna (271)
Bernard Durkan
Ceist:271. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to update to stamp 4 in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [36464/14]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service that the individual in question applied for long-term residency on 23 July, 2010. The application for long-term residency was approved on 7 March 2012. The individual in question was granted Stamp 4 permission to reside in the State for a five year period.
This permission was registered with the Garda National Immigration Bureau (GNIB) on 21 March 2012 until the 24 May 2014, which was the expiry date of his passport. On the 20 May 2014, the individual in question presented to GNIB with a new passport and their passport was endorsed with the remainder of their permission. The individual currently has permission to reside in the State until 7 March 2017.
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.
Naturalisation Applications
Ceisteanna (272)
Bernard Durkan
Ceist:272. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if requested documentation has been received in the case of a person (details supplied) in County Kildare in respect of an application for naturalisation; and if she will make a statement on the matter. [36475/14]
Amharc ar fhreagraFreagraí scríofa
I am advised by the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation has been received from the person referred to by the Deputy.
The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter was issued to the person concerned on 14th January 2014 requesting certain information, a copy of which was issued on 15th May 2014. The applicant has been afforded a final opportunity to provide the requested information in a letter issued on 10th September 2014, following which the case will be submitted to me for decision.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
Road Traffic Offences
Ceisteanna (273)
Thomas P. Broughan
Ceist:273. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if figures are available on any prosecutions brought by An Garda Síochána against persons for failing to surrender driving licences to the appropriate authorities upon disqualification where the disqualification is due to orders having been made by the courts or due to the driver having received the maximum number of penalty points. [36477/14]
Amharc ar fhreagraFreagraí scríofa
I 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.
Road Traffic Offences
Ceisteanna (274)
Thomas P. Broughan
Ceist:274. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 560 of 17 September 2014, if she will provide a further breakdown of the drivers disqualified from driving by orders of the courts with statistics on the number of these drivers who surrendered their licence to the court upon disqualification in each of those districts and in each of those years. [36478/14]
Amharc ar fhreagraFreagraí scríofa
I wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.
As I indicated in my response to Parliamentary Question No. 455 on 24 June 2014 the arrangements in relation to driving licences changed in January 2013. Up to then, when a person was disqualified by a court, they had to send/hand their driving licence into the court office. The disqualification was physically marked on the licence which was then sent to the relevant motor tax office where it was held until the period of disqualification was completed or the licence was restored by the court.
From January 2013, the person was required to send the licence directly to the licensing authority. This coincided with the introduction of the new card type driving licences on which details of a disqualification could not physically be entered. The fines notice which now issues to the person who was fined and disqualified includes the following "Please forward your driving licence to the National Driver Licence Service, PO Box 858, Southside Delivery Office, Cork for the purpose of having the particulars of the conviction of disqualification of the District Court endorsed on your driver record".
Prior to 2013, there were no computerised records of any driving licences which were handed in so it is not possible to provide figures for 2012. The Courts Service has advised that figures should be available from the local motor tax offices for the period up to the creation of the National Driver Licence Service in late 2013. Figures since then should be available from the National Driver Licence Service.
Road Traffic Offences
Ceisteanna (275)
Thomas P. Broughan
Ceist:275. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if An Garda Síochána retains statistics on the number of demands made by members of An Garda Síochána for the production of a driving licence under section 40 of the Road Traffic Act 1961; and if statistics are collected regarding the number of occasions members of An Garda Síochána have seized driving licences where the member has reasonable grounds for believing that a person has been disqualified from driving. [36479/14]
Amharc ar fhreagraFreagraí scríofa
I 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.
Departmental Reports
Ceisteanna (276)
Thomas P. Broughan
Ceist:276. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 550 of 17 September 2014, if she will publish the first interim report of the criminal justice working group and subsequent reports of the working group; or, in the alternative, if she will provide in tabular form a list of the recommendations of the Garda Inspectorate considered by the working group to date and actions taken by the working group in relation to each of these recommendations. [36483/14]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware the first progress report of the Criminal Justice (Fixed Charge Processing System) Working Group is currently being considered by myself and the Minister for Transport, Tourism and Sport. Once I have had the opportunity to brief my colleagues in Government on its contents I will give consideration to how best to put this information into the public domain.
Proposed Legislation
Ceisteanna (277)
John Browne
Ceist:277. Deputy John Browne asked the Minister for Justice and Equality if the proposed mediation Bill will have any relevance either to insolvency legislation or in the context of mediation being refused in appeals to the Financial Services Ombudsman; and if she will make a statement on the matter. [36548/14]
Amharc ar fhreagraFreagraí scríofa
The Mediation Bill, which is currently being drafted, will promote mediation as an effective and efficient alternative to court proceedings in civil law matters, thereby reducing legal costs and speeding up the resolution of disputes. It will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving the matter before embarking on such proceedings. However, it is not intended that the Bill will replace mediation or other alternative dispute resolution processes in existing legislation, such as the procedures provided for in the Personal Insolvency Act 2012 and those relating to the activities of the Financial Services Ombudsman in the Central Bank and Financial Services Authority of Ireland Act 2004.
Garda Civilian Staff Data
Ceisteanna (278)
Dara Calleary
Ceist:278. Deputy Dara Calleary asked the Minister for Justice and Equality the number of public service vehicle inspectors that are attached to An Garda Síochána, by county; and if she will make a statement on the matter. [36559/14]
Amharc ar fhreagraFreagraí scríofa
I have requested the information sought by the Deputy from the Garda Commissioner and as soon as it is to hand I will pass it on to the Deputy.
Registration of Title
Ceisteanna (279)
Michael Healy-Rae
Ceist:279. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding registration by the land registry office in respect of persons (details supplied) in County Kerry; and if she will make a statement on the matter. [36560/14]
Amharc ar fhreagraFreagraí scríofa
I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
The Deputy will be aware of the service to TDs and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.