Written Answers Nos. 149-166
149. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality her plans to amend existing bankruptcy legislation in order that a person may be discharged from bankruptcy one year after the order of adjudication; and if she will make a statement on the matter. [35539/15]
Amharc ar fhreagraAs the Deputy is aware, a proposal to reduce the bankruptcy period to one year is contained in a Private Members Bill published by Deputy Willie Penrose earlier this year.
At my request, the Oireachtas Joint Committee on Justice, Defence and Equality considered the general question of bankruptcy reform and reported to me on 8 July on the matter. It recommended, inter alia, a 1 year bankruptcy term.
The Joint Committee's report is at present under examination in my Department, and I intend to bring the matter to Government in due course. Over this period I and my Department have been concentrating on putting into place a range of measures regarding the Government Action Plan on support to borrowers in Mortgage Arrears, including the enactment and entry into force of the Personal Insolvency Amendment Act 2015.
150. Deputy Billy Timmins asked the Minister for Justice and Equality if a subject access request under the data protection legislation should include a request to a defendant in a personal injuries case to hand over to the plaintiff any CCTV footage he or she may have with respect to the incident in dispute; and if she will make a statement on the matter. [35575/15]
Amharc ar fhreagraThe Deputy will appreciate that I am not in a position as Minister of State at the Department of Justice and Equality to interpret the law, or to provide advice on a particular case in response to a Parliamentary Question. The general position is that the Data Protection Acts 1988 and 2003 apply to the processing of personal data, including the recording of such data by CCTV systems. However, as regards personal injury cases coming before the courts, the position in relation to such proceedings is that more detailed rules relating to the discovery process and procedure and practice are set out in relevant court rules. The resolution of any disputes between parties in relation to the extent of discovery in any particular case is a matter for the court concerned.
151. Deputy Brendan Smith asked the Minister for Justice and Equality the progress to date in preparing the legislative measures that require implementation by the Houses of the Oireachtas following the Stormont House Agreement; the proposed timeframe for the enactment for such legislation; and if she will make a statement on the matter. [35779/15]
Amharc ar fhreagraThe Stormont House Agreement was established between the five parties who were in the Northern Ireland Executive and the Irish and British Governments in December 2014. It addresses a range of measures relating to the devolved institutions in Northern Ireland and measures to seek to address the legacy of the troubles.
Among those measures the Stormont House Agreement provides for the establishment by the two Governments of an Independent Commission on Information Retrieval (ICIR) to facilitate the family members of persons killed during the troubles to seek further information that may be available on the circumstances of the deaths of their loved ones. Very considerable work has been done between the two Governments to establish the international agreement necessary for this body and that process is nearly finalised. Legislation will be required for the ICIR. Work in that regard is ongoing in my Department at present and legislative proposals will be brought forward shortly.
The Stormont House Agreement also provides for the establishment of an Historical Investigations Unit (HIU) in Northern Ireland to carry out investigations into historical, troubles-related killings in Northern Ireland and to provide reports to the families of those killed. The British Government is currently bringing forward legislation to provide for the powers and functions of the HIU and consistent with our commitment in the Stormont House Agreement the Government will bring forward whatever legislation proves necessary to facilitate full co-operation with the HIU.
152. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she will commit legislatively to making Irish sign language available to all deaf children, a service that is currently unavailable; and if she will make a statement on the matter. [35802/15]
Amharc ar fhreagraThe Programme for Government includes a commitment to "examine different mechanisms to promote the recognition of Irish sign language" and this process is ongoing. At the request Department of Justice the National Disability Authority (NDA) facilitated consultations with the Deaf Community in Ireland to identify actions for inclusion in the National Disability Strategy Implementation Plan which could make improvements in the lives of deaf people. Submissions received as part of that process informed the National Disability Strategy Implementation Plan which was published in July 2013. As part of the follow-up to that initiative, the first special themed meeting of the National Disability Strategy Implementation Group (NDSIG) focussed on the issue of Irish Sign Language on 28 November 2013. This meeting brought together representatives of relevant Departments, the NDA, the Deaf Community and other relevant stakeholders with a view to further progressing the inclusion of actions for the Strategy in this regard. The meeting reviewed the current situation across Government Departments and their Agencies with regard to promoting recognition of Irish Sign Language, including in service provision, and provided the Deaf Community with the opportunity of presenting their experience of interaction with the Public Sector. It also provided a useful opportunity to examine mechanisms which could promote the further use and recognition of Irish Sign Language and understand practical implications for service users.
Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities. This report was submitted to the then Minister of State Kathleen Lynch for consideration in May 2014 and was then circulated to Departments in November 2014 for their observations. The intention now is that the recommendations from this report will be reflected as appropriate in the new Disability Inclusion Strategy to take effect as from 1 January 2016, through the incorporation of new actions and related performance indicators and time lines. Progress on all relevant actions will then be monitored as part of the monitoring process for the overall Inclusion Strategy. The focus therefore remains on the identification of practical mechanisms for the further promotion and recognition of Irish Sign Language with a view to promoting and supporting its use, thereby improving service delivery on the ground, rather than on legislation.
It should be noted that the existing supports for use of Irish Sign Language in Ireland give a level of recognition and practical measures equal to, or above that, in countries which have formally recognised sign language.
153. Deputy Micheál Martin asked the Minister for Justice and Equality her concerns regarding the recent revelations regarding Irish Republican Army activity in criminality in Northern Ireland; and if she will make a statement on the matter. [32847/15]
Amharc ar fhreagraOn 12 August 2015, Kevin McGuigan was shot dead in Belfast and following the shooting the PSNI launched a murder investigation that is ongoing. Subsequent statements made by the PSNI referring to lines of enquiry in its investigation have attracted widespread commentary on both sides of the border.
I am sure the Deputy will agree that there can be no justification for such brutal acts of violence and those who engage in them should face the full rigours of the law. It is essential the PSNI is allowed to carry out its investigation and that anyone with any relevant information should bring it to the PSNI.
The position with regard to this jurisdiction in relation to the Provisional IRA has been made clear in statements issued by me and by the Garda Commissioner at the end of August and it is consistent with the assessments of the Provisional IRA provided previously by the Independent Monitoring Commission.
In the light of developments in Northern Ireland, An Garda Síochána is maintaining close liaison with the PSNI in respect of the investigation into the murder of Mr McGuigan and I have asked the Garda Commissioner, in light of any new evidence emerging from that investigation, to let me have a fresh assessment of the status of the Provisional IRA.
The Deputy will be aware that in the context of the current discussions between the parties in Northern Ireland and the Irish and British governments, the British Government has arranged for an assessment to be made of paramilitary activity in Northern Ireland.
154. Deputy Micheál Martin asked the Minister for Justice and Equality her plans to allow more refugees from war-torn countries like Syria to reside here; and if she will make a statement on the matter. [28226/15]
Amharc ar fhreagraIreland has always lived up to its international humanitarian obligations and we are fully committed to playing our part in addressing the current migrant crisis facing Europe.
The Government is committed to working at European level to find sustainable solutions to the migration crisis. This humanitarian crisis is an EU issue which requires a coordinated EU response and I have made it clear to our European partners that Ireland will work closely and collaboratively with them in this regard.
As part of the Government's response to the crisis, a multi-faceted approach is being adopted including the following measures:
- establishing the Irish Refugee Protection Programme and agreeing to accept up to 4,000 persons overall under the EU Resettlement and Relocation Programmes. It is expected that these numbers will be augmented by further family reunifications;
- establishing a new cross-departmental Taskforce, chaired by my Department, to deal with the operational and logistical aspects of the support programme. The Taskforce is adopting a whole of Government approach and is working with NGOs, religious bodies, local authorities and the Red Cross to implement the Government's response to this crisis;
- engaging with the public on their pledges of support. The Red Cross will lead this task;
- establishing a network of Emergency Reception and Orientation Centres for the initial reception of those arriving under the relocation programme;
- introduce the International Protection Bill as a major priority; and
- providing an additional package of processing resources to deal with major increases in asylum and other immigration cases, including the relocation measure, preparation for the Single Protection application process and increased enforcement across a number of areas, including removals.
The Irish Government has agreed to resettle 520 refugees displaced by the Syrian crisis under the Irish Refugee Resettlement Programme during 2015/2016. To date, 100 refugees have arrived in Ireland from Lebanon and Jordan. 195 refugees living in Lebanon were recently approved for admission and arrangements are underway for their transfer to Ireland. A further 225 refugees will be selected in 2016 for resettlement in Ireland.
With regard to the EU Relocation programme, Ireland has agreed to accept a total of 2,600 of the overall volume of 160,000 formally approved to date at the Justice and Home Affairs Council. The first group of persons to be relocated from Italy and Greece are expected to arrive later this year.
155. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or expected residency status of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [35210/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a request for various documentation issued to the legal representatives of the person in question on 17 July 2015. A reply has not been received to date to this request.
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 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 Question 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.
156. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining eligibility for stamp 4 status for a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [35212/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned arrived in the State on 17 November 2006 and currently has permission as a student in the State until 16 February 2016.
All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA nationals may reside in Ireland as degree students, subject to the provisions of the new regime, for a maximum period of seven years. Three years are permitted at non-degree level. The person referred to by the Deputy was granted, as an exceptional measure, temporary permission on 16 February 2015 for one year in order that they could apply for an employment permit based position. As such they do not qualify for Stamp 4 status.
The Deputy will be aware that 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.
157. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the reforms that have been made to the legal profession since 2010, given the serious public concerns that this profession remains totally unreformed; and if she will make a statement on the matter. [35231/15]
Amharc ar fhreagraThe Government has undertaken a comprehensive and unprecedented structural reform and modernisation process in relation to the provision of legal services in the State and in relation to our inherited and arcane legal costs regime. The vehicle for this programmatic reform is the Legal Services Regulation Bill 2011 which is being delivered on foot of the commitment of the Programme of the Government for National Recovery 2011-2016 to – “establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints”. Though initiated under the EU/IMF/ECB Troika Programme of 2010, the Government’s continued commitment to the Bill is reflected in the fact that it continues to be a component of the Action Plan for Jobs 2015and of the Medium Term Economic Strategy 2014-2020while also being part of the National Reform Programme 2015.
The Legal Services Regulation Bill completed its Dáil Stages on 22nd April 2015. Since then, I have commenced its passage through the Seanad where it completed Second Stage on 13th May 2015. Preparations are, therefore, ongoing for Seanad Committee Stage which I would anticipate taking place in the coming weeks. It is the Government's continued intention that the Bill be completed by the end of this year so that the new Legal Services Regulatory Authority can come into operation at the start of 2016. Work on the Bill continues on that basis including in conjunction with the Offices of the Attorney General and of Parliamentary Counsel. This legislative work is taking place alongside the practical planning that is necessary for the accommodation, staffing and functioning of the new Regulatory Authority. An allocation of €500,000 has been made under my Department's Vote this year to support the start-up of the new Authority.
I would remind the Deputy that the Bill and the historical reforms which it contains have not stood still since the Bill's initial publication. Indeed, the Bill is now much advanced and developed and comprises 158 sections spread over 13 Parts. During its passage through the Dáil over 235 enhancing amendments were made. These included a series of amendments which reinforced the independence of the new Legal Services Regulatory Authority in its appointment, which is to be done through nominating bodies, and in the discharge of its statutory functions. I would, therefore, point the Deputy to the four main levers of change and reform now contained in the reinforced Bill.
Firstly, the Bill provides for a new, independent, Legal Services Regulatory Authority with responsibility for the oversight of both solicitors and barristers. While the Law Society has historically discharged the function of regulator under the Solicitors' Acts up to now, barristers have not, in the past, been subject to similar legislation.
Secondly, the Bill provides for an independent complaints system to deal with public complaints including those relating to professional misconduct. There will also be an independent Legal Practitioners’ Disciplinary Tribunal to deal with both legal professions thereby replacing the two separately operated Tribunals that exist at the moment. The public will now make their complaints directly to the new Legal Services Regulatory Authority and not through the professional bodies as happens at present. In addition to the Bill's formal misconduct procedures, I have now made additional provision by Government amendment for the informal resolution of more minor, consumer-type complaints such as those relating to inadequate services.
Thirdly, the Bill provides for a new and enhanced legal costs regime that will bring greater transparency to legal costs in how they are charged and disclosed to clients and this regime will apply to barristers as well as to solicitors. I would point out that the Bill sets out, for the first time in legislation, a set of Legal Costs Principles (Schedule 1 of the Bill refers). The Bill also provides that a new Office of the Legal Costs Adjudicator will replace the existing Office of the Taxing-Master. The new Office will have a modernised and efficient business structures, will deal with disputes about legal costs, will prepare Guidelines and maintain a public Register of its legal costs determinations. I have also made a range of technical enhancements to the legal costs provisions of the Bill taking account of expert views received. These measures complement those cuts and savings in legal costs made across the board by State Bodies who are, in combination, the largest consumer of legal services.
Fourthly, the Bill provides a framework for Alternative Business Models. It facilitates new forms of legal services provision such as Legal Partnerships and, in due course, Multi-Disciplinary Practices. These take account of the emergent new business models in other common law jurisdictions and the huge advances made in business and on-line technology which might otherwise leave Ireland at a continuing competitive disadvantage. The new models will operate, by choice, alongside the existing modes of business used by legal practitioners, including small solicitors’ firms and, for barristers, the Law Library. The Deputy will wish to be aware that there were three main elements to the changes which I introduced at Dáil Report Stage in relation to these new business models which are now embedded in the Bill, namely,
- A series of new provisions to strengthen the regulatory powers of the new Authority and to make additional prudential provision for any future participation in Legal Partnerships and Multi-Disciplinary Practices. These business models will also be subject to periodic review.
- Legal Partnerships, that is to say partnerships between barristers and solicitors or between barristers themselves, will be subject to a public consultation process to be completed within six months of the establishment of the new Regulatory Authority and are then to be introduced within six months of those consultations being completed.
- Multi-Disciplinary Practices, that is to say practices in which legal practitioners provide their services alongside other non-legal service providers, will now be supported by detailed research. This will focus on the likely effects which their introduction may have on competition, on the Irish legal services market and in relation to the legal professions. The findings of this research on MDPs will then inform the six-month public consultation process already envisaged under the Bill and will also be laid before the Houses. The commencement of the provisions governing Multi-Disciplinary Practices will then become a matter for the Minister following these processes and on foot of their outcomes and recommendations.
As we approach Seanad Committee Stage, I consider the Legal Services Regulation Bill to be at a very advanced stage of development having taken on board a whole range of concerns and improvements in the furtherance of legal services reform. We have, in this key piece of legislation, the wherewithal to realise the desired reforms which lie at the root of the Deputy's Question and I look forward to working with him and the Members of both Houses in the weeks ahead to bring them to early finalisation and enactment.
158. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to end the political appointment of judges; and if she will make a statement on the matter. [35232/15]
Amharc ar fhreagraThe judiciary and the courts which are at the heart of the justice system are constitutionally independent in their operation. As the Deputy will know, judges are appointed by the President pursuant to Article 35 of the Constitution on the advice of the Government pursuant to Article 13.9 of the Constitution. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Advisory Board submits to me, as Minister for Justice and Equality, the names of the persons recommended for appointment. I then bring the names to Government which decides on the person(s) to nominate to the President for appointment. This system has operated, in accordance with the Constitution, under successive Governments since 1995, and our independent judiciary has served the country extremely well.
In this regard I was pleased to note the conclusions in the Council of Europe's Group of States against corruption Fourth Round Evaluation report on Ireland which found the Judiciary to be among the most trusted public institutions in the country. It is significant that the principle of judicial independence should be recognised by an international evaluation team such as GRECO and that the independence and professionalism of our judges is undisputed.
The need to ensure and protect the principle of judicial independence was a significant factor in the consultations process on the system of judicial appointments carried out last year. Another factor was that, while the Judicial Appointments Advisory Board process was a model of best practice in its day, almost 20 years from its establishment it was considered worthwhile to review the operation of the entire judicial appointments system to ensure it reflects current best practice, that it is open, transparent and accountable and that it promotes diversity.
There was a significant response to the call for submissions with substantive and wide-ranging views received about the legislative framework that provides for eligibility for judicial appointment and for the actual process of appointment. Arising from the consultations process, draft legislative provisions to reform and update judicial appointment procedures are being prepared by my Department and such legislation is part of the Agreed Programme for Government. The review and reform of this area which is of critical importance to the functioning of our system of justice provides an opportunity to determine what system can best respond to the expectations and needs of a modern State.
159. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will address the rising costs of legal services; the lack of any independent regulatory mechanism to decrease these costs; and if she will make a statement on the matter. [35233/15]
Amharc ar fhreagraThe Legal Services Regulation Bill 2011, which was passed by the Dáil in April and is now before the Seanad where it will commence Committee Stage in the coming weeks, gives legislative expression to the commitment in the Programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". The Legal Services Regulation Bill is, therefore, a key component of the Government's strategy to bring greater transparency to legal costs and to reduce their burden on consumers and enterprise. Historically, legal costs matters have been obscured in legal rules, jurisprudence and practice notes which were largely out of sight to the consumer and, for that matter, to many legal practitioners. The Bill is set to codify and open up the legal costs regime to greater scrutiny while also achieving greater balance and transparency in relation to how such costs arise and are made known to the consumer.
The Bill makes extensive provision, in Part 10, for a new and enhanced legal costs regime. Legal practitioners, whether solicitors or barristers, will be obliged to provide more detailed information about legal costs from the outset of their dealings with clients. This will be in the form of a Notice written in clear language which must be provided when a legal practitioner takes instructions. Among other things, the Notice must, as set out in section 123 of the Bill, disclose the costs that are involved, or, where this is not reasonably practicable, the basis upon which such costs are to be calculated. A cooling-off period is to be allowed for the consideration of costs by the client. When there are any significant developments in a case which give rise to further costs, the Bill provides that a client must be duly updated and given the option of whether or not to proceed with the case in question. In addition, the Bill sets out that it will not be permissible for legal practitioners to set fees as a specified percentage or proportion of damages payable to a client from contentious business and that it will no longer be permissible for barristers to charge junior counsel fees as a specified percentage or proportion of Senior Counsel fees.
An aggrieved client also has the option of applying for the taxation of disputed legal costs by the Office of the Taxing-Master. Under the Legal Services Regulation Bill the current functions of the Taxing-Master will be taken over by the new Office of the Legal Costs Adjudicator. The Bill sets out, for the first time in legislation, a series of Legal Costs Principles. These are contained in Schedule One and enumerate the various matters that may be taken into account in the adjudication of disputed legal costs. The Bill also provides for the establishment of a public Register of Determinations which will disclose the outcomes and reasons for decisions made by the Legal Costs Adjudicator.
The Bill also contains other measures that are intended to bring greater competition in relation to legal costs. For example, the Bill facilitates the introduction of Legal Partnerships, that is to say partnerships between barristers and solicitors or between barristers themselves and, in due course, of Multi-Disciplinary Practices, that is to say practices in which legal practitioners provide their services alongside other non-legal service providers. The intention is that these new legal service models, which are already available in a number of other common law jurisdictions, will be available alongside the Law Library and other traditional legal service structures. These new practice options will facilitate legal practitioners by removing current restrictions on the way they can deliver their services. They will facilitate consumers by providing more choice, better access and, in due course, lower costs, and they will facilitate the removal of a number of barriers to competition previously identified by the Competition Authority. They will also complement the availability of alternative dispute resolution frameworks such as those contained in existing arbitration legislation or in the proposed Mediation Bill which provide more affordable alternatives to the pursuit of court or other litigious proceedings. In a parallel reform initiative I will also be introducing legislative measures to support the introduction of pre-action protocols in relation to medical negligence cases and of periodic payment orders in relation to which draft legislation is at present under scrutiny by the Joint Committee on Justice, Defence and Equality.
Other direct measures have been taken by the Government to reduce legal costs. This has included a series of cuts and savings in legal costs that were made across the board by State Bodies who are, in combination, the largest consumer of legal services. The range of reductions made has included,
- an 8% reduction to all legal fees with effect from 1 March 2009 applied to legal counsel fees in the Chief State Solicitor’s Office; Brief and Refresher fees in the Director of Public Prosecution’s Office; Payment of Witness Expenses; Criminal and Civil Legal Aid fees including barrister, private practitioner, medical and legal fees; and Tribunal fees,
- a further 8% reduction with effect from 1 January 2010 applied to legal counsel fees in the Chief State Solicitor’s Office; Brief and Refresher fees in the Director of Public Prosecution’s Office; and Criminal and Civil Legal Aid fees,
- a fee reduction of 10% on Criminal Legal Aid fees was applied with effect from 13 July 2011 and 1 October 2011 for District, and Circuit and Higher Courts, respectively,
- a reduction of 50% in the rate paid in respect of travel and subsistence and a reduction of 50% in the rate paid for sentence fees in respect of adjourned sentence hearings in the Circuit and higher courts was applied,
- in October 2011, a further 10% reduction was applied to brief and refresher fees paid by the Director of Public Prosecutions Office to reduce the level of fees in parallel with the reductions applied to fees payable under the Criminal Legal Aid Scheme, and
- a further 10% reduction was applied to Tribunal fees on 1 March 2012.
By way of a centralised Government approach to legal costs, the Deputy will also wish to be aware that, in conjunction with the appointment of a Chief Procurement Officer for the Public Service, the Department of Public Expenditure and Reform issued a circular in July 2013 on "The Procurement of Legal Services and Managing Legal Costs" which outlines the appropriate competitive procedures that can be used in the engagement of legal services and sets out a number of approaches and tools for public bodies to use in managing legal costs.
Notwithstanding some evidence of an initial time lag when compared, for example, to accountants, there is an amount of statistical and anecdotal evidence pointing to downward pressures having been exerted on legal costs during the recent recession. At the same time, the National Competitiveness Council, in its "Costs of Doing Business in Ireland 2014" report, has highlighted the continued need to embed structural reform in the legal services and other sectors if we are to achieve sustained economic recovery. The Council observes that, "looking to the future, further structural or policy induced changes are necessary to ensure that prices do not escalate and erode competitiveness as the Irish economy returns to stronger rates of growth". With this in mind, I would expect that, along with those other cost reduction measures that have and continue to be introduced by the Government, the Legal Services Regulation Bill will support greater competition and choice in the provision and pricing of legal services while also supporting our future economic growth.
160. Deputy Gerry Adams asked the Minister for Justice and Equality further to Parliamentary Question No. 323 of 17 February 2015, if she will provide an update on the Garda Síochána review which was nearing completion in March 2015; if it has been completed; if the Garda Síochána have arranged to meet with the family in question; and if she will make a statement on the matter. [35239/15]
Amharc ar fhreagraI refer to my response to Dáil Question No. 323 of 17 February 2015 in this matter.
I am informed that An Garda Síochána have now completed their review and the solicitor representing the family has been notified accordingly. I am informed that the Gardaí will now arrange to meet with the family.
161. Deputy John Browne asked the Minister for Justice and Equality regarding the Personal Insolvency Act 2012 and the Land and Conveyancing Law Reform Act 2013, her views on a situation where the owner of a principal private residence formulates a proposal to the lender without the help of a personal insolvency practitioner, PIP, if the lender is prohibited from requiring the debtor to dispose of an interest in, or cease to occupy, a principal private residence, as currently applies when the proposal is officially dealt with by a PIP; and if she will make a statement on the matter. [35240/15]
Amharc ar fhreagraI wish to clarify for the Deputy that the Land Conveyancing and Reform Act 2013 provides that in repossession proceedings involving a borrower's principal private residence, a court may, where it considers it appropriate or on application by a borrower, adjourn the proceedings to enable the borrower to explore whether a Personal Insolvency Arrangement (PIA) under the Personal Insolvency Act 2012 would enable him or her to resolve their financial difficulties otherwise than via repossession.
The intention of the legislation is that homeowners in mortgage arrears who are at risk of losing their homes should be aware of, and have an opportunity to access, the legally protected debt resolution arrangements available under the Personal Insolvency Act 2012, which may enable the borrower to remain in their home while resolving the debt in a sustainable manner. The Personal Insolvency Practitioner has important statutory responsibilities and duties under the 2012 Act, in examining a debtor’s financial situation, providing expert independent advice on available options, drawing up a proposal for a PIA, and negotiating it with creditors. The PIA itself is designed to provide a fair balance between the rights of creditors and of borrowers, and includes a number of important protections for the debtor, such as legal enforceability, statutory priority for protecting the debtor staying in the family home where that is possible, protection for reasonable living expenses, and, under the Personal Insolvency Amendment Act 2015, the option of seeking review by the courts if creditors refuse a reasonable proposal.
It is where a Personal Insolvency Arrangement has been approved by the courts and has entered into force, that a creditor is restrained by the Personal Insolvency Act from seeking to dispose of or take possession of, a property covered by the Arrangement.
It is of course always possible for the owner of a principal private residence to formulate a proposal to the lender outside the scope of the Personal Insolvency Acts, and without the help of a Personal Insolvency Practitioner, if they choose to do so. Such a proposal may come into effect if it is agreed between the parties. However, it does not provide the legal protection for the parties which applies under the 2012 Act.
162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she and her European Union colleagues remain committed to a common policy to cater for the increasing number of refugees arriving on the southern and eastern shores of Europe, with particular reference to the need to ensure that a fair and comprehensive policy is adopted, and that all European Union member states co-operate is seeking a resolution to this issue; and if she will make a statement on the matter. [28346/15]
Amharc ar fhreagraThe EU migration crisis continues to be given the highest priority at EU level. The latest figures from FRONTEX indicate that over 700,000 illegal border crossings have taken place this year though the Eastern and Central Mediterranean and Western Balkans routes. We have all seen what this means for the lives of the people involved. In response to the escalating crisis the European Council first met in April 2015 to set out broad guidelines on the immediate steps necessary to respond to the situation. The EU Commission brought forward proposals for implementation of a package of measures under the European Agenda on Migration in May. This package of measures included a proposal for relocation (to alleviate pressure on the frontline States of Italy and Greece) as well as a recommendation on resettlement, proposals to strengthen FRONTEX operations in the Mediterranean, Common Security Defence Policy (CSDP) mission and broader strategy to tackle the criminal dimension of the smuggling networks, enhanced cooperation with third countries and humanitarian and developmental aid to address the root causes. The European Council met again in June where the main discussion point was the Commission’s relocation proposals. Overall the Council endorsed a three-stranded comprehensive approach to migration based on the principles of solidarity and responsibility. The first strand relates to resettlement and relocation of refugees and asylum seekers as an expression of solidarity. The second strand involves a return and readmission policy involving safe countries of origin, whereby migrants who have entered the EU illegally are returned to their country. The third element relates to improved management of borders and enhanced cooperation with third countries.
In July the Justice and Home Affairs (JHA) Council agreed in principle to relocate, on a temporary and exceptional basis, up to 40,000 persons from Italy and Greece over two years and this proposal was adopted at the JHA Council on 14 September. A second implementation package was published by the European Commission in September. The principal proposals were to amend the Dublin Regulation to provide for a permanent relocation mechanism; a further temporary relocation proposal (bringing the total number of persons being relocated over the next two years to 160,000) and a proposal to amend the Asylum Procedures Directive to establish a list of safe countries of origin. Other aspects of the package looked at the external dimension, including a Communication on this topic and the proposal for an EU Trust Fund for Africa, with a budget of €1.8 billion of EU funding.
A further two extraordinary JHA Councils were held on 14th and 22nd September with agreement reached on the emergency relocation measures of a further 120,000 persons by Qualified Majority Vote (QMV). To take account of the rapidly evolving situation, 66,000 places will be allocated initially for relocation from Greece and Italy with an option to relocate the balance of 54,000 from other Member States as they come under pressure. In contrast to the position adopted on the first relocation proposal the distribution among Member States under the later proposal is mandatory.
Following the Extraordinary JHA Council, the European Council met in an informal configuration on 23 September to discuss the migration crisis again. The meeting reaffirmed the important principles underpinning EU mobility, including; the Schengen Acquis and Dublin Convention. The Council also agreed to pledge €1 billion to support refugees displaced within the region; to increase dialogue and cooperation with key transit countries such as Turkey and the Western Balkan countries and to provide additional resources for the EU agencies engaged with the crisis – FRONTEX, EASO and Europol.
I am committed to continue to work with my EU colleagues to find solutions to this crisis. Ireland has already made a significant contribution to the EU-wide response and has now formally opted into the two emergency EU relocation measures following approval by both Houses of the Oireachtas on 1st October. These measures form part of the Government overall response when on 10th September it approved the Irish Refugee Protection Programme and agreed to accept up to 4,000 persons under the European programmes for resettlement and relocation.
Ireland has also contributed to search and rescue efforts in the Mediterranean, via a bilateral agreement with the Italian Navy. The LE Eithne and LE Niamh have previously been deployed to the Mediterranean, and the LE Samuel Beckett replaced the LE Niamh at the end of September.
Ireland has also provided supports to areas particularly affected by instability and conflict. By the end of 2015, a total of €41 million will have been provided towards assisting those displaced as a result of the Syrian crisis, including through participation in a Regional Development and Protection Programme in the Middle East.
163. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí in each community policing unit in each Garda district in Dublin, by rank, for the years 2013 and 2014; and if she will make a statement on the matter. [35265/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including Community Gardaí, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.
It is, of course, the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána, a point highlighted by the Garda Inspectorate in their third report entitled "Policing in Ireland—Looking Forward" in which they stated that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland.
An Garda Síochána now operates a new model of Community Policing which aims to build upon and enhance progress made so far. I fully support this renewed emphasis on Community Policing particularly in light of the priority given to this in the Programme for Government. The model is about renewing, reinvigorating and restructuring the community policing function within An Garda Síochána to deliver a consistent national structure to the community policing function, a more co-ordinated and efficient Garda service to the community and a spread of good practice and quality of service in community policing on a national basis.
The information requested regarding the number of Gardaí by rank in each Community Policing Unit in each Garda District in Dublin for the years 2013 and 2014 is currently being compiled and will be forwarded to the Deputy in due course.
164. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if a deportation order (details supplied) will be suspended while a criminal investigation is ongoing. [35372/15]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 12 November 2008.
Representations were received from the person's legal representative, to request the Minister to use her discretion, 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.
The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
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.
165. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality her plans to call for an independent investigation into the death of a person (details supplied), in order to resolve serious questions regarding the circumstances and lack of investigation following the death; and if she will make a statement on the matter. [35373/15]
Amharc ar fhreagraThe particular case to which the Deputy refers is amongst those being considered under 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, or other public representatives 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, all selected on the basis of their experience of the criminal justice system.
The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted to ensure that they are a fair and accurate reflection of the recommendation.
The issuing of notification letters to complainants commenced on 29 June. To date, notification letters have issued in respect of 165 cases. Letters will continue to issue to all complainants until the process is completed.
I have previously assured Deputies that where further investigation is recommended by the review then that will occur. It is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel. I understand that the general overview report from senior counsel of the panel is currently being finalised. Once I have had an opportunity to consider it, I intend to publish it.
166. Deputy Colm Keaveney asked the Minister for Justice and Equality her plans to assess and resource the additional cost associated with having a disability, which was highlighted in the comprehensive employment strategy for people with disabilities. [35403/15]
Amharc ar fhreagraAs already announced, the Comprehensive Employment Strategy for People with Disabilities contains a commitment to establish an interdepartmental working group to deal with the question of 'making work pay' for people with disabilities through the examination of the complex interactions between the benefit system, the additional costs associated with work for people with disabilities and net income gains in employment. This interdepartmental group will operate under the aegis of the Department of Social Protection.
