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Gnáthamharc

Tuesday, 16 Dec 2014

Written Answers Nos. 339-359

Single Payment Scheme Eligibility

Ceisteanna (339)

Patrick O'Donovan

Ceist:

339. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine in view of a recent response by the EU Commissioner for agriculture to a parliamentary question, if he will provide details in tabular form by county since 2009 of the number of farmers who have lost their single farm payment because of a loss of compliance with the definition eligible and where the eligibility has been lost as a result of the implementation of the habitat directives; and if he will make a statement on the matter. [48358/14]

Amharc ar fhreagra

Freagraí scríofa

There are a number of elements to the provisions contained in Article 34 of Council Regulation (EC) No 73/2009 relating to the eligibility of the type of land referred to under the Single Payment Scheme. The specific requirements are as follows;

- The land in question must have been designated under the Birds or Habitat Directives.

- The areas must have been eligible for payment under the 2008 Single Payment Scheme.

- The additional ineligible areas with scrub must have occurred since the 2008 base year, which must be capable of verification.

- The additional scrub must have arisen because of the designation of the area as a habitat and the need to adhere to the management requirements for that habitat.

In the circumstances, it is not possible to provide the requested information as it is not available.

An Fhoireann Rannach

Ceisteanna (340)

Éamon Ó Cuív

Ceist:

340. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara an bhfuil iniúchadh déanta fós ar na poist agus na réimsí oibre ina mbeidh státseirbhísigh atá inniúil sa Bhéarla agus sa Ghaeilge ag teastáil, de réir mar a thug an Roinn Caiteachais Phoiblí agus Athchóirithe treoir don Roinn a dhéanamh; má tá an t-iniúchadh déanta, cad é líon agus cad iad céimeanna na bpost atá i gceist; cén líon de na poist sin a bhfuil duine leis an gcumas cuí Gaeilge agus Béarla ann cheana féin; cén plean atá ann chun na poist eile a líonadh le daoine a bhfuil na cáilíochtaí cuí acu; cén cháilíocht Ghaeilge atá riachtanach do na poist sin; agus an ndéanfaidh sé ráiteas ina thaobh. [48367/14]

Amharc ar fhreagra

Freagraí scríofa

Níl an t-iniúchadh sin déanta ag mo Roinn fós. Tá sé beartaithe go ndéanfar an t-iniúchadh go luath in 2015. Coinníonn an Roinn liosta de bhaill foirne atá toilteanach seirbhísí a chur ar fáil trí Ghaeilge má iarrtar sin orthu agus is leor sin chun freastal ar ár riachtanais ina leith.

Animal Welfare

Ceisteanna (341)

Mick Wallace

Ceist:

341. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if he will provide details of measures being taken to prevent cruelty to animals involved in hare coursing; and if he will make a statement on the matter. [46863/14]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Greyhound Industry Act, 1958, the regulation of coursing is chiefly a matter for the Irish Coursing Club (ICC) subject to the general control and direction of Bord na gCon (BnG). The welfare of greyhounds involved in coursing is provided for in the Welfare of Greyhounds Act 2011 which inter alia requires that persons who course greyhounds must have regard to the “Code of Practice in the Care & Welfare of the Greyhound”, developed jointly by the ICC and BnG.

The ICC has assured my Department that it has extensive systems and practices in place to underpin the welfare of animals participating in coursing and that it goes to great lengths to ensure that the highest standards of hare and greyhound welfare are adhered to.

A Monitoring Committee on Coursing was established during the 1993/94 coursing season and comprises of officials from my Department and representatives from both the National Parks and Wildlife Service and the ICC to monitor developments in coursing and in that regard the situation is kept under constant review to ensure that coursing is run in a well controlled and responsible manner in the interests of both hares and greyhounds alike.

The ICC adhere to the conditions attached to the licence granted by the Department of Arts, Heritage and the Gaeltacht under Section 34 of the Wildlife Act 1976 (as amended) for the capture of hares for coursing. The Licence requires that all clubs :

- “shall arrange for a qualified veterinary surgeon to be in attendance during all of their coursing meetings, and that he/she shall prepare a signed report on the health of the hares and on any injuries or deaths of hares that occur during the meeting.”

- “any hare captured pursuant to the Licence may not be coursed more than once on the same day and all necessary arrangements shall be made to ensure that hares that have been coursed can be readily identified to ensure this condition is rigidly observed.”

- “sick, injured or pregnant hares shall not be taken under the Licence”.

- “hares that become sick or injured or that appear to be pregnant while in captivity may not be coursed”.

- “adequate escapes must be provided while coursing hares pursuant to the Licence”.

- “all hares must be released back into the wild during daylight hours the day after coursing meeting is concluded, unless otherwise agreed with the relevant NPWS staff beforehand.”

- “the same number of hares must be released back into the wild at the same locations from which such numbers were captured, unless otherwise agreed beforehand with the relevant NPWS staff.”

- “the removal from this jurisdiction of hares captured in this jurisdiction under the terms of the licence is strictly prohibited.”

- “in all matters relating to the capture, keeping in captivity, tagging, marking, coursing and release of hares, and the muzzling of greyhound, there shall be full compliance with the Directives, Instructions and Guidance Notes issued by the Irish Coursing Club.”

The ICC ensures:

- The health status of all hares is assessed prior to placing in Hare Park following netting

- Hares are treated for a range of common ailments under veterinary supervision

- Hares are released into Hare Park which is laid out to replicate the wild with appropriate cover and shelter

- Footbaths are located in Park to treat/prevent any minor foot issues

- Hares are fed on a diet of oats (whole or sheaf), sallies (branches of young trees), apples and fresh water in general

- The feeding and training of hares is confined to a limited number of people with the relevant expertise

- All hares are familiarised with the layout of the course.

- Prior to each meeting, the hares and facility are inspected by a Hare & Field Committee member, a veterinary surgeon and ICC Control Steward

- Coursing Clubs employ a veterinary surgeon to attend at coursing meetings who see to any animal in need of attention.

- The Executive Committee of the ICC appoint one of its members to oversee each coursing meeting with powers to curtail or abandon a meeting if required

- An ICC Control Steward is appointed to each meeting to ensure all rules are adhered to by the host club

- In the event of a hare being compromised (pinned by muzzled greyhound(s)) a dedicated Hare Steward is appointed (2/3 stewards operate to ensure efficient intervention). This hare is examined by appointed vet and not coursed again irrespective of outcome of examination

- On conclusion of the coursing meeting all hares are released back into the countryside under supervision of ICC steward and Wildlife Ranger.

- Each coursing meeting is documented to capture relevant information regarding the conduct of the meeting as required by the NPWS and the ICC and this data is returned to the NPWS.

- The ICC appointed Hare & Field Committee advise and instruct clubs on best practice in terms of hare welfare and field layout to ensure greyhound welfare

- The ICC provide full/partial grant aid to clubs to develop their facilities to ensure best practice

A review of the outcome for the most recent coursing season indicates that the procedures and processes in place in terms of animal welfare are appropriate given that 99.4% of hares were released back to the wild at the conclusion of coursing.

Any incidents that the Deputy may be aware of should be brought to the attention of the relevant authority.

Public Sector Staff Redeployment

Ceisteanna (342)

John Deasy

Ceist:

342. Deputy John Deasy asked the Minister for Agriculture, Food and the Marine if he will provide a breakdown of the number of public sector workers under the aegis of his Department who have been approved for inter or intradepartmental or agency work transfers, both to and from County Waterford, in each of the past five years. [48801/14]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that two inter Department/agency transfers occurred to my Department’s offices in County Waterford during 2010. One staff member transferred from another Government Department in Waterford and the other officer transferred from a Government Department in Dublin. In terms of intra Department transfers, two staff members transferred into County Waterford; one in 2010 and the other in 2011. Two staff members transferred out of the County in 2012 and 2014 respectively.

Departmental Meetings

Ceisteanna (343, 344)

Lucinda Creighton

Ceist:

343. Deputy Lucinda Creighton asked the Minister for Defence if his Department held meetings separate to the management advisory committee meetings which were attended by either him or the Minister of State and the management advisory committee; if so, if he will provide, in tabular form, the number of such meetings that occurred in 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [47860/14]

Amharc ar fhreagra

Lucinda Creighton

Ceist:

344. Deputy Lucinda Creighton asked the Minister for Defence if he will provide, in tabular form, the number of management advisory committee meetings which were held for each of the years 2011, 2012, 2013 and to date in 2014; if he will provide, in tabular form, the number of management advisory committee meetings that were attended by him, the Minister of State, the political adviser, the Secretary General and all other titles of attendees in the years 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [47876/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 343 and 344 together.

The Secretary General is responsible for the management of my Department and is supported in this role by the Management Advisory Committee (MAC). The Committee generally meets on a weekly basis. The Secretary General attended all of the MAC meetings during the period in question. I attend the meetings periodically as does the Minister of State. From time to time, officials of the Department attend MAC meetings to brief the Committee on particular issues. An official also attends the meetings to provide secretarial support. I am also in daily contact with individual MAC members on a range of issues. The information requested on meetings is set out as follows:

Year

No of MAC Meetings held

No of meetings attended by Minister/Minister of State/Political Advisors

Titles of other attendees

No of non-MAC Meetings attended by Minister/Minister of State & MAC members

2011

45

5

PO/AP-P&O

PO/AP Contracts

PO Finance

Internal Auditor

PO/AP HRB

PO Property Management

PO Executive

PO ICT

Secretariat

2

2012

50

6

PO/AP ISDP

PO/AP P&O

PO Contracts

PO/AP Finance

Internal Auditor

PO/AP HRB

PO/AP ICT

Security consultant

Risk Manager

Secretariat

3

2013

41

5

PO/AP P&O

PO Property

PO/AP Litigation

PO/AP ICT

PO/AP HRB

PO/AP DFPP

PO Contracts

PO Finance

Internal Auditor

HEO Internal Audit

PO Contracts

AP MIF

Secretariat

3

2014

45

6

PO/AP P&O

Internal Auditor

PO/AP HRB

PO/AP Litigation

PO/AP Legislation

PO/AP ISDP

PO/AP Executive

PO/AP DFPP

PO/AP Finance

PO Contracts

PO C&A

Secretariat

2

Defence Forces Records

Ceisteanna (345)

John Deasy

Ceist:

345. Deputy John Deasy asked the Minister for Defence if he will provide an update on the Permanent and Reserve Defence Force recruitment campaign announced in County Waterford in March 2014; and the number of applications received by county to date in 2014. [47966/14]

Amharc ar fhreagra

Freagraí scríofa

As of 28 November 2014 (the latest date for which figures are available), there had been 7,303 applications for the Permanent Defence Force and 2,146 applications for the Reserve Defence Force. 443 recruits have been attested to the Permanent Defence Force of which 380 remain in training. 152 recruits have been inducted to the Reserve Defence Force for the same period. With regard to the number of applications received by county, I am advised by the military authorities that this information is not readily available and due to the volume of applications received it is not practical to produce it without adverse impact on other necessary work.

An Fhoireann Rannach

Ceisteanna (346)

Éamon Ó Cuív

Ceist:

346. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Cosanta an bhfuil iniúchadh déanta fós ar na poist agus na réimsí oibre ina mbeidh státseirbhísigh atá inniúil sa Bhéarla agus sa Ghaeilge ag teastáil, de réir mar a thug an Roinn Caiteachais Phoiblí agus Athchóirithe treoir don Roinn a dhéanamh; má tá an t-iniúchadh déanta, cad é líon agus cad iad céimeanna na bpost atá i gceist; cén líon de na poist sin a bhfuil duine leis an gcumas cuí Gaeilge agus Béarla ann cheana féin; cén plean atá ann chun na poist eile a líonadh le daoine a bhfuil na cáilíochtaí cuí acu; cén cháilíocht Ghaeilge atá riachtanach do na poist sin; agus an ndéanfaidh sé ráiteas ina thaobh. [48371/14]

Amharc ar fhreagra

Freagraí scríofa

De bhun chinneadh an Rialtais bearta nua a thabhairt isteach chun tacú le hinniúlacht i nGaeilge sa státseirbhís, d’iarr an Roinn Caiteachais Phoiblí agus Athchóirithe ar Ranna poist/réimsí oibre a éilíonn daoine atá in ann feidhmiú sa dá theanga a aithint agus iad a chur san áireamh sa Phlean do Lucht Shaothair na Roinne. I ndiaidh an t-iarratas ón Roinn Caiteachais Phoiblí agus Athchóirithe a bhreithniú, níor aithníodh aon phost ná aon réimse oibre faoi leith sa Roinn Cosanta a éilíonn dátheangachas feidhmeach. Tá leibhéal áirithe inniúlachta i nGaeilge de dhíth ar an bhfoireann chun oibleagáidí faoi Acht na dTeangacha Oifigiúla a chomhlíonadh agus chun cuidiú le déileáil le corrfhiosrúchán i nGaeilge. Coinníonn an Roinn liosta de bhaill foirne atá toilteanach seirbhísí a chur ar fáil trí Ghaeilge má iarrtar sin orthu agus is leor sin chun freastal ar ár riachtanais ina leith.

Public Sector Staff Redeployment

Ceisteanna (347)

John Deasy

Ceist:

347. Deputy John Deasy asked the Minister for Defence if he will provide a breakdown of the number of public sector workers under the aegis of his Department who have been approved for inter or intradepartmental or agency work transfers, both to and from County Waterford, in each of the past five years. [48805/14]

Amharc ar fhreagra

Freagraí scríofa

My Department has not approved any inter Department work transfers from or to County Waterford in the period since 2009. My Department does not have positions based in County Waterford.

Asylum Support Services

Ceisteanna (348)

Arthur Spring

Ceist:

348. Deputy Arthur Spring asked the Minister for Justice and Equality if funding will be made available in respect of a centre (details supplied) in County Kerry under the European refugee fund or any other funding from her Department; and if she will make a statement on the matter. [47920/14]

Amharc ar fhreagra

Freagraí scríofa

I expect that funding from the EU Asylum, Migration and Integration Fund will become available after approval by the European Commission of Ireland's national programme which should take place in the first half of next year. There will be a call for applications in respect of this. Meanwhile, consideration is being given to extending current projects under the European Refugee and Integration Funds for some months in 2015. Any other funding that may become available will be the subject of an announcement at the time.

Legal Aid Applications

Ceisteanna (349)

Michael McGrath

Ceist:

349. Deputy Michael McGrath asked the Minister for Justice and Equality if a person who has availed of free legal aid in a family law court is entitled to such aid in the event that he or she wishes to appeal the decision of the family law court; and if she will make a statement on the matter. [48050/14]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that a person who has received legal aid for a family law matter may apply for further legal aid to appeal the decision of the Court. The application must satisfy a merits test, subject to the provisions of the Civil Legal Aid Act, 1995. The Solicitor and/or Barrister acting for the person would provide an opinion on making the appeal, in particular that there are grounds in law for taking the appeal and that there are reasonable prospects of success in the appeal. The cost of the appeal would also be measured against the likely benefit to the applicant. Please note that the Legal Aid Board application process for civil matters involves a financial eligibility test and most cases are subject to a contribution based on the means of the applicant.

Road Traffic Offences

Ceisteanna (350)

Thomas P. Broughan

Ceist:

350. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drivers summoned to court to date for the offence of accessing data on a mobile telephone while driving or texting while driving; and the number of drivers convicted of this offence since the offence was established in law. [48062/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.

The Road Traffic Act 2006 (Restriction on use of Mobile Phones) Regulations 2014, which is the responsibility of my colleague, the Minister for Transport, Tourism and Sport, created the new offence to which the deputy refers. The Courts Service has indicated that, a new offence code was updated to the relevant IT systems on 7 December 2014 and, consistent with normal recording procedure, it will be a number of months before any meaningful data can be provided on the numbers of drivers summoned to court and convicted of this offence.

Land Ownership

Ceisteanna (351)

John McGuinness

Ceist:

351. Deputy John McGuinness asked the Minister for Justice and Equality the reasons for the delay in land registry relative to the registration of a property in respect of persons (details supplied) in County Kilkenny and if he will expedite the matter. [48209/14]

Amharc ar fhreagra

Freagraí 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 replaced 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.

Legislative Programme

Ceisteanna (352)

Brendan Griffin

Ceist:

352. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on a matter (details supplied) regarding children's legal rights; and if she will make a statement on the matter. [48272/14]

Amharc ar fhreagra

Freagraí scríofa

The General Scheme of the Children and Family Relationships Bill establishes how parentage of a donor-conceived child will be assigned. Where the fertility treatment leading to pregnancy was carried out in a clinical setting, parentage will be assigned in accordance with clear rules and subject to the informed consent of the couple undertaking treatment and of the donor.

The reason that the General Scheme requires the fertility treatment to be carried out in a clinical setting is because there is very clear case-law on the situation of a donor father where the treatment takes place outside a clinical setting. In such a case, notwithstanding the intentions of the parties, the donor has all of the rights and obligations of a father in relation to the child. These rights cannot be reassigned by the parties.

The General Scheme includes a number of provisions to address the situation of children born through donor-assisted reproduction in a non-clinical setting. Depending on the circumstances, the non-biological parent can apply for guardianship, thus obtaining the right jointly with the child's birth mother to make decisions on behalf of a child, ranging from the day-to-day care of the child, to key decisions on the child's education and health care. Alternatively, the couple can jointly adopt the child, thus securing the child's right to be treated as the child of both of them, and severing the legal relationship with the child's biological father.

Dublin-Monaghan Bombings

Ceisteanna (353)

Finian McGrath

Ceist:

353. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support the victims of the Dublin and Monaghan bombings, and the victims of all other cross-Border attacks, and that any truth recovery process is inclusive for all victims of the troubles; and if she will make a statement on the matter. [48338/14]

Amharc ar fhreagra

Freagraí scríofa

The thousands of lives lost, people injured and families bereaved was the tragic cost exacted on the people of this island over the course of the troubles. The atrocities perpetrated against innocent men, women and children in Dublin and Monaghan in May 1974 stand out in our collective memory as particularly bloody episodes in the history of conflict on this island. The impact of the very many other atrocities perpetrated over the course of the troubles lives also long in our memory and is felt to this very day. Our thoughts are with all the victims and their families.

In respect of the Dublin and Monaghan bombings, the Deputy will be aware that this House and Seanad Éireann have unanimously called on the British Government to make available certain documentation in its possession relevant to the bombings that has not previously been made available. The Taoiseach and Minister for Foreign Affairs and Trade have raised this issue with the British Prime Minister and the Secretary of State for Northern on a number of occasions.

Addressing the legacy of the troubles on this island is a complex and difficult process. The Deputy will be aware that work is ongoing in Northern Ireland, involving all the parties in the Executive and the two Governments, to try to find an agreed and comprehensive way to deal with that legacy of past violence. The work in this regard places a particular priority on acknowledging and addressing the concerns of the victims of the troubles. For its part, the Government will continue to support the parties in Northern Ireland in finding an agreed way forward on these issues.

Light Pollution

Ceisteanna (354)

Jim Daly

Ceist:

354. Deputy Jim Daly asked the Minister for Justice and Equality the options available in respect of a person (details supplied) who is being disturbed by excessively strong lights shining on the property from a neighbouring property; and if she will make a statement on the matter. [47747/14]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to give advice in relation to a specific case.

I am informed by my colleague, the Minister for the Environment, Community and Local Government that there is no environmental legislation at either EU or national level on light pollution. However, it appears that some steps have been taken at national level to help alleviate the effects of light pollution. Ireland's regulations on environmental impact assessment of projects which are likely to have significant effects on the environment require such an impact statement to include an estimate of expected residues and emissions from the operation of the proposed development. This requirement expressly covers impacts from artificial lighting. While a limited number of planning authorities have included objectives in relation to the minimisation of light pollution in their development plans, it is open to authorities to address this issue in the context of providing for the proper planning and sustainable development of their areas through their development plans.

In specific cases in which excessively strong light from external sources represents a substantial interference with the enjoyment of property, it may, depending on the specific circumstances, be possible to seek a remedy under the tort of nuisance. I would, however, strongly recommend that parties in such cases engage in a process of mediation as a means of arriving at a mutually acceptable outcome.

Criminal Prosecutions Data

Ceisteanna (355)

Brendan Griffin

Ceist:

355. Deputy Brendan Griffin asked the Minister for Justice and Equality the average level of sentencing for crimes associated with illegal and counterfeit tobacco products; and if she will make a statement on the matter. [47772/14]

Amharc ar fhreagra

Freagraí scríofa

Law enforcement in relation to the smuggling of tobacco products and the sale of illicit or counterfeit tobacco products within the State is primarily a matter for the Revenue Commissioners. Penalties for these offences are set out in the Finance Acts and are a matter for the Minister for Finance.

In targeting the illicit tobacco trade there is close cooperation between the Customs Service of the Revenue Commissioners and An Garda Síochána. Searches are regularly undertaken by An Garda Síochána as part of intelligence-led operations led by Revenue. An Garda Síochána also continues, on a district and divisional level, to target those involved in the sale and distribution of illegal products, at markets and via door-to-door sales.

With regard to the particular penalties imposed by the Courts in dealing with this offence type, the position is that the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.

It is not open to me to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings. It is a matter for the court having considered all the circumstances of the case to impose an appropriate penalty.

However, in order to be of assistance to the Deputy, I have made inquiries and the Courts Service has provided the information set out in the following table in respect of the average sentences for crimes associated with illegal and counterfeit tobacco products in the period from 2012 to October 2014.

Year

Average Fine

Average Sentence

2012

€2,648.15

4 months

2013

€2,517.29

4.6 months

2014 (Jan to Oct)

€2,717.36

3 months

Note: In relation to the above statistics, the Courts Service has indicated that in circumstances where a prosecution associated with illegal and counterfeit tobacco products may have been brought before the courts but offence codes may not have been supplied, such offences are not included in the calculation of the averages in the table. In addition, due to the manner in which the offences are recorded, some of the offences relate to evasion of excisable duty generally which might also include offences for products other than tobacco.

Departmental Schemes

Ceisteanna (356)

John McGuinness

Ceist:

356. Deputy John McGuinness asked the Minister for Justice and Equality the number of persons who have appealed the decision of her Department to the Ombudsman relative to the Magdalen survivors ex gratia scheme; the outcome of these appeals to the Ombudsman; and if she will make a statement on the matter. [47809/14]

Amharc ar fhreagra

Freagraí scríofa

Significant progress has been made on the implementation of the Magdalen Scheme. To date, a decision has been made on up to 88% of the applications received and 488 applicants have been paid their lump sum at a cost of €17.8 m. Each application is assessed on an individual basis, by my officials in the Restorative Justice Implementation Unit, taking into account any available records, documents and statements including the applicant's testimony. If the applicant disagrees with this assessment, she can, in the first instance, seek a review of her case by a senior officer. If the applicant disagrees with the Reviewer's decision she can request an independent review by the Ombudsman's Office. To date, 19 or less than 3% of the 689 applicants on whose cases a decision has been made, have requested their case to be reviewed by the Ombudsman's Office. Of these 19 cases, the Ombudsman has upheld the decision of my officers in 16 cases, 1 applicant withdrew her appeal and decisions are awaited on the 2 remaining cases.

Legal Advice

Ceisteanna (357)

John McGuinness

Ceist:

357. Deputy John McGuinness asked the Minister for Justice and Equality the progress being made by the panel of legal experts appointed by her to review certain cases; the expected timeframe for the completion of this review; the number of cases dealt with to date; if she has responded to the concerns raised by a person (details supplied) relative to the appointment of a person; if so, the details of her response; the order in which the cases are being dealt with; if she will issue the panel's recommendations relative to each case; if she will provide her decision as to the action that is to be taken on a case by case basis or if it is her intention to wait until all cases are dealt with before informing the families and Dáil Éireann; and if she will make a statement on the matter. [47819/14]

Amharc ar fhreagra

Freagraí scríofa

The Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.  

A panel consisting of two Senior and five Junior Counsel was established for the purpose.  The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system.  The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the Panel.  Following the review of each complaint a recommendation will be made to me as Minister as to whether any further action is desirable and could practicably be taken.

The independent review is well underway and 307 cases have been referred to them.  It is important that nothing arises which might detract from the integrity of the review mechanism. It is therefore considered inappropriate to place a time constraint upon the working of the Panel, although they intend to conclude their work as soon is reasonably practicable. Appropriate steps have been taken to ensure that nothing arises which might in any way detract from the integrity of the review mechanism, including issues of conflict of interest.  Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the conflicted counsel not only will not be involved in the particular complaint, but also will not be aware of which counsel is reviewing it.  This is normal professional conduct and there are sufficient counsel on the Panel to ensure the practicality of this.  Whatever steps are necessary will be taken to ensure there is no conflict of interest.  This has been explained to the person to whom the Deputy refers. The order in which cases are dealt with is a matter for Senior Counsel who, in addition to examining individual complaints, are required to advise the Department generally on the management of the process, take a joint lead in allocating cases to Junior Counsel, and jointly oversee recommendations with a view to ensuring as far as possible a consistency of approach.  Consideration is currently being finalised in relation to the format and content of replies to complainants, and the objective will be to ensure that each complainant receives as comprehensive an answer as possible.

Without in any way pre-judging the outcome in any individual case, I think it is important to be realistic and to acknowledge that in many instances no further action may be recommended by the review.  This is to some extent inevitable in circumstances where, on the one hand, individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled and, on the other hand, counsel have to examine objective evidence, and in particular take into account whether those cases have been through due process, even if the persons involved remain unhappy with the outcome of that process.

Deportation Orders

Ceisteanna (358)

Brian Walsh

Ceist:

358. Deputy Brian Walsh asked the Minister for Justice and Equality the position regarding an application to have a deportation order revoked in respect of a person (details supplied); and if she will make a statement on the matter. [47829/14]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned, is the subject of a Deportation Order made on 18 November 2009. Representations were received from the person's legal representative, pursuant to Section 3 (11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place. Queries in relation to the status of individual immigration cases may be made directly to the INIS by email 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.

Subsidiary Protection Applications

Ceisteanna (359)

Brian Walsh

Ceist:

359. Deputy Brian Walsh asked the Minister for Justice and Equality the position regarding an application for subsidiary protection in respect of a person (details supplied); and if she will make a statement on the matter. [47830/14]

Amharc ar fhreagra

Freagraí scríofa

If the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy is advised that it is not the practice to comment on such applications for so long as they remain in the protection process. The position in this regard is in accordance with Section 19 of the Refugee Act 1996 (as amended) which provides for the protection of the identity of asylum applicants.

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