Tuesday, 24 Feb 2015

Written Answers Nos. 336-352

Constitutional Convention Recommendations

Ceisteanna (336)

Mary Lou McDonald

Ceist:

336. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the date on which she received the report from the Attorney General-led working group which has, for the past two years, been studying the recommendations on gender equality amendments contained in the February 2013 report of the Constitutional Convention; the contents of the working group's report, including any positions proposed on the convention's recommendations regarding amending the women in the home clause, gender-inclusive language amendments, and a proposed new provision setting out a general right to gender equality; if and when she will publish this report; and if and when she will bring the report to Cabinet for decision. [8060/15]

Freagraí scríofa

Minister for Justice and Equality

The Government has undertaken to look at the question of the most appropriate wording to be presented to the people arising from the recommendations in the Second Report of the Convention on the Constitution in relation to amending the language in Article 41.2 on the role of women in the home. It has also undertaken to look at the feasibility of including the principle of gender equality as well as the use of gender-inclusive language in the Constitution.

A Task Force composed of officials from the Equality and Civil Law Divisions of the Department of Justice and Equality has been established to examine these issues and has collaborated in its work with the Attorney General's Office and other Departments as necessary. A draft Report, which was submitted by the Task Force in mid-December, is under active consideration at present. I hope to be in a position to bring proposals to Government in the near future. No decision has been taken on publication of the Report of the Task Force.

Firearms Licences

Ceisteanna (337)

Finian McGrath

Ceist:

337. Deputy Finian McGrath asked the Minister for Justice and Equality her views on a matter (details supplied) regarding gun licences; and if she will make a statement on the matter. [8064/15]

Freagraí scríofa

Minister for Justice and Equality

I have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy as soon as I have further information.

Asylum Applications

Ceisteanna (338)

Bernard Durkan

Ceist:

338. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 357 of 10 February 2015, the timeframe to assess an application for asylum or subsidiary protection; if this individual case is particularly different; and if she will make a statement on the matter. [8083/15]

Freagraí scríofa

Minister for Justice and Equality

My response to Parliamentary Question No. 357 of 10 February, 2015 set out the Department's policy in relation to providing information on individual applications for asylum or subsidiary protection. As previously notified to the Deputy, responsibility for the processing of asylum and subsidiary protection applications rests with the Office of the Refugee Applications Commissioner (ORAC).

The Commissioner has informed me that the median processing time for asylum applications is 21 weeks for cases determined to date in 2015. This is due to the substantial increase in asylum applications recorded in 2014 and to date in 2015.

As regards the processing of subsidiary protection applications generally the Deputy will be aware that responsibility for processing such applications transferred in November, 2013 to the Refugee Applications Commissioner under the European Union (Subsidiary Protection) Regulations 2013. The Commissioner announced in March 2014 that he is according priority to certain classes of applications for subsidiary protection. The legal basis for the prioritisation of applications is set out in the 2013 Regulations. Prioritisation relates solely to the scheduling of interviews and has no implications for any recommendation that might be made by the Commissioner. The classes of applications to be prioritised includes those cases longest in the system and those prioritised based on country of origin. The UNHCR as part of its mandate in relation to international protection has provided advice in relation to the prioritisation of applications.

The Deputy will also be aware that the time taken to process a protection application to finality can be prolonged by the lodging by applicants of appeals with the Refugee Appeals Tribunal against determinations made by ORAC or the taking of judicial review proceedings against decisions made at various stages of the protection determination process.

Departmental Staff Careers

Ceisteanna (339)

Joe Costello

Ceist:

339. Deputy Joe Costello asked the Minister for Justice and Equality the reason an assessment by managers is required as part of the internal higher executive officer competition but is not required for the internal promotion competition to the grade of assistant principal officer; and if she will make a statement on the matter. [8101/15]

Freagraí scríofa

Minister for Justice and Equality

The management of internal promotion competitions is a matter for my Department's Human Resources Division. I do not have a role in this regard.

The Deputy may wish to note, however, that my Department has been successful in securing the agreement of the Department of Public Expenditure and Reform to hold a number of internal promotion competitions, some of which are ongoing. Different procedures have been adopted for different competitions depending on the relevant grade, the anticipated number of candidates participating in the particular competition and the requirements expected of candidates. All internal promotion competitions are conducted to a high standard in accordance with the guidance laid down by the Commission for Public Service Appointments. In that context, the use of a manager's assessment is regarded as a legitimate element of the competitive process for internal promotion to the position of Higher Executive Officer.

Naturalisation Applications

Ceisteanna (340)

Bernard Durkan

Ceist:

340. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status in the case of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [8123/15]

Freagraí scríofa

Minister for Justice and Equality

As previously stated in my answer to Parliamentary Question No. 123 on 23rd October 2014 the person referred to by the Deputy has not made an application to the Irish Naturalisation and Immigration Service. This person was first registered in the State on 30/01/2012 as a student and was granted permission to remain in the State until 22/01/2013.

The person concerned has not renewed their permission and has not had any Immigration permission to remain in the State since 22 January 2013 when this person's student permission expired.

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 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.

Residency Permits

Ceisteanna (341)

Bernard Durkan

Ceist:

341. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress, to date, in respect of entitlement to remain here, under section 3 of the Immigration Act 1999, in the case of persons (details supplied) in County Clare; and if she will make a statement on the matter. [8126/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned, having no valid basis to remain in the State, were, by separate letters dated 20th November, 2014, notified of the proposal to make deportation orders in respect of them. These communications advised the persons concerned of the options open to them as a result which were to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within a period of 15 working days, written representations setting out reasons as to why they should not have deportation orders made in respect of them.

The position in the State of the persons concerned will now 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.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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.

Residency Permits

Ceisteanna (342)

Bernard Durkan

Ceist:

342. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding entitlement to residency status, in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [8132/15]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has been granted permission to remain in the State for the three year period ending 6th February, 2018. This decision was conveyed in writing to the person concerned by letter dated 6th February, 2015.

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.

Charities Regulation

Ceisteanna (343)

Billy Kelleher

Ceist:

343. Deputy Billy Kelleher asked the Minister for Justice and Equality if the Charities Regulatory Authority is inviting applications from schools and other education bodies; if guidance on the registration process for these charities has been developed; and if they will have to pay registration and annual filing fees. [8133/15]

Freagraí scríofa

Minister for Justice and Equality

The Charities Regulatory Authority is not currently accepting applications for charitable registration from education bodies within the meaning of the Charities Act 2009 and this has been signalled on the Authority's website, www.charitiesregulatoryauthority.ie.

I am advised that the Authority will be meeting with the Department of Education in the near future to discuss future arrangements for schools and other education bodies, in the context of the statutory establishment of the Charities Regulatory Authority last October. The website of the Authority will be continually updated to reflect any developments regarding these and related matters.

It is intended that, in time, all charities will be charged fees; these fees will vary depending on the income of the charity. My Department conducted a wide-ranging consultation with the charities sector and other stakeholders on this and other issues in 2013. It is envisaged that an announcement on the appropriate levels of fees for registration and annual reporting will be made in the coming months.

Assisted Human Reproduction

Ceisteanna (344)

Derek Nolan

Ceist:

344. Deputy Derek Nolan asked the Minister for Justice and Equality the way the Child and Family Relationships Bill 2013 will deal with couples who have a child by assisted human reproduction, which was carried out in a non-clinical setting, but with the donor's full consent; the status the birth mother's partner will have in this situation; if the birth mother's partner can be recognised as the child's second parent; if the Bill will deal with these situations, in a retrospective manner, as they apply to many Irish couples; and if she will make a statement on the matter. [8197/15]

Freagraí scríofa

Minister for Justice and Equality

The Children and Family Relationships Bill, which is going through second stage in the Dáil this week, will not change the position of any child born as a result of assisted human reproduction in a non-clinical setting. There is case law concerning the parentage of a child born in such circumstances, and it is very clear that the natural father has parental rights and responsibilities in relation to the child. The birth mother's partner is not a parent.

Families in these circumstances have a number of possible options. The birth mother and her partner may seek to jointly adopt the child, as the Bill will amend the Adoption Act 2010 to allow civil partners or cohabiting couples to be able, subject to being assessed as suitable, to adopt jointly. The father would be entitled to be consulted on any proposed adoption. If adoption is not an option, the birth mother's partner could apply for guardianship of the child.

Court Accommodation Provision

Ceisteanna (345, 346)

Andrew Doyle

Ceist:

345. Deputy Andrew Doyle asked the Minister for Justice and Equality if she will provide an outline of the projects undertaken, thus far, as part of the strategic courts project, under the Government infrastructure stimulus programme of 2012; and if she will provide an outline of further court house new builds, and-or refurbishments, due to be delivered under this programme. [8206/15]

Andrew Doyle

Ceist:

346. Deputy Andrew Doyle asked the Minister for Justice and Equality if there are plans to include County Wicklow as part of any public private partnership project, under the Government infrastructure stimulus programme 2012, or any subsequent programmes, for the purpose of courthouse refurbishments, in order to allow the Courts Service to complete plans, under the strategic courts project; and if she will make a statement on the matter. [8207/15]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 345 and 346 together.

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.

The Government Infrastructure Stimulus Programme includes a Courts Bundle which comprises seven new and refurbished courthouses for the Courts Service, to be delivered by Public Private Partnership. The locations of these seven projects are: Cork, Limerick, Waterford, Wexford, Mullingar, Letterkenny and Drogheda. This bundle of projects is currently in the procurement phase. It is expected that construction will commence before the end of 2015 and that the courthouses will be completed during 2017.

The Courts Service has indicated that it has acquired a site adjacent to the existing courthouse in Wicklow which would allow for the refurbishment and extension of the existing courthouse. This matter will be kept under review having regard to available resources, however, any decision regarding a future infrastructure stimulus package is a matter for the Government.

Stardust Fire

Ceisteanna (347)

Clare Daly

Ceist:

347. Deputy Clare Daly asked the Minister for Justice and Equality her views on the Knox investigations into the Stardust tragedy; if she accepts that the information unearthed, which was previously not in the public domain indicates that a new investigation is needed to uncover the true facts of the Stardust fire; and if she will make a statement on the matter. [8214/15]

Freagraí scríofa

Minister for Justice and Equality

The information referred to by the Deputy is currently the subject of examination in my Department and a response thereto will issue in due course.

I wish also to inform the Deputy that the submission of other, related, reports concerning this matter, which were compiled by another researcher associated with the Stardust Victims' Committee, is the subject of ongoing communications with that Committee.

Garda Disciplinary Proceedings

Ceisteanna (348, 349)

Clare Daly

Ceist:

348. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 325 of 23 October 2014, in relation to gardaí suspended from duty in 2014, the types of activity for which they were suspended. [8243/15]

Clare Daly

Ceist:

349. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 325 of 23 October 2014, if she will provide information in relation to the suspension of gardaí, broken down by rank for 2014; and if she will provide a synopsis of the category of complaint against them. [8244/15]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 348 and 349 together.

I have requested the information sought by the Deputy from the Garda Commissioner and on receipt I will write directly to her.

Garda Síochána Ombudsman Commission

Ceisteanna (350)

Clare Daly

Ceist:

350. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide details of any meetings she had with the former chairman of the Garda Síochána Ombudsman Commission (details supplied) in the six months prior to the former chairman's departure, indicating whether these took place before or after the former chairman announced that he was resigning as chairman; if she received any correspondence from the former chairman on the matter of his resignation; and if she will make a statement on the matter. [8245/15]

Freagraí scríofa

Minister for Justice and Equality

With regard to meeting with the Ombudsman Commission, which is a statutory independent body, I can inform the Deputy that, as Minister for Justice and Equality, I meet with the Commission from time to time during which a wide range of issues may be discussed that relate to our respective roles. The last such meeting which was attended by Mr O'Brien was in October 2014.

I previously informed the Deputy, in my response to her Parliamentary Question No. 35 of 15 January 2015, that Mr O'Brien, in his letter of 7 January advising of his intention to resign as Chairperson of the Garda Síochána Ombudsman Commission, made clear that this was as a result of his being successful in securing the position of Chief Executive of the Pensions Ombudsman Service in the UK and he has since taken up that position.

Bankruptcy Data

Ceisteanna (351)

Martin Heydon

Ceist:

351. Deputy Martin Heydon asked the Minister for Justice and Equality if she is satisfied with the current numbers seeking bankruptcy under the new legislation; her future plans to review the three-year term for bankruptcy; and if she will make a statement on the matter. [8259/15]

Freagraí scríofa

Minister for Justice and Equality

There has been a significant increase in the number of seriously indebted persons seeking bankruptcy by self adjudication since the reduction of the automatic discharge period from twelve years to three.

There were four hundred and forty eight (448) bankruptcies during 2014 compared with fifty eight (58) in 2013. It is expected that this increasing trend will continue.

There has also been a significant reduction in the application costs for bankruptcy. The total cost of applying for bankruptcy is now approximately €270. The cost in 2013 would have been in the region of €1400.

These measures along with the removal of application fees for those wishing to avail of one of the alternatives to bankruptcy under the Personal Insolvency Act 2012 mean that there is now a full suite of viable solutions for people struggling with unsustainable debt, in order to restore them to solvency.

Following a commitment in the Statement of Government Priorities 2014-2016, my Department completed a review of the personal insolvency legislation in December 2014. As I have already informed the Dáil, I am currently considering the outcome of the review and intend to bring proposals to Government shortly for such legislative amendments as may be considered appropriate regarding the suite of solutions available to people struggling with unsustainable debt.

Garda Deployment

Ceisteanna (352)

Catherine Murphy

Ceist:

352. Deputy Catherine Murphy asked the Minister for Justice and Equality her plans for the deployment of the newly trained gardaí graduating from Templemore, County Tipperary; if such deployments will seek to address the present imbalances in service provision; when these deployments will take effect; and if she will make a statement on the matter. [8309/15]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15th September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake will attest as members of the Garda Síochána in May 2015 and the December intake will attest in August 2015. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner.

I remain in discussion with my colleague the Minister for Public Expenditure and Reform on the timing of future intakes of Garda recruits.