Jonathan O'Brien
Ceist:197. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will commit to funding a new sexual abuse and violence in Ireland study. [12925/16]
Amharc ar fhreagraDepartmental Funding
Ceisteanna (197, 198)
Jonathan O'Brien
Ceist:198. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the cost of commissioning a new sexual abuse and violence in Ireland study. [12926/16]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 197 and 198 together.
The overall cost of a second Sexual Abuse and Violence in Ireland study (SAVI 2) is likely to be in the order of €1 million over three years. The Dublin Rape Crisis Centre suggested that, given the significant budget, funding would be divided between four Departments. Following consultations with the Departments concerned, funding the project as proposed is not viable.
A balance must be struck between the funding of front-line services and funding research. However, my Department continues to investigate the financial feasibility, resource implications and approaches to identifying a ring-fenced funding stream for undertaking this body of work at this time and to explore obligations with regard to requisite public procurement arrangements.
Departmental Funding
Ceisteanna (199)
Jonathan O'Brien
Ceist:199. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will fund research focusing on adolescent experiences and fear of sexual violence. [12927/16]
Amharc ar fhreagraFreagraí scríofa
My Department has funded the "Say Something" action research project which sought the views and experiences of young adult and adolescent university students on sexual matters including harassment and sexual violence. The Rape Crisis Network Ireland also did preliminary research with a similar cohort entitled "Young People, Alcohol and Sex: What's consent got to do with it?". The "Say Something" research fed directly into a national awareness campaign.
Legal Aid
Ceisteanna (200)
Jonathan O'Brien
Ceist:200. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the cost of ending the requirement for victims of domestic violence to make financial contributions for State-funded legal services provided by the Legal Aid Board. [12929/16]
Amharc ar fhreagraFreagraí scríofa
It has not been possible, within the time available, to compile the information necessary to answer this question but I will convey the information to the Deputy when it becomes available.
Legal Aid Service
Ceisteanna (201)
Jonathan O'Brien
Ceist:201. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will broaden the remit of the Legal Aid Board to include issues related to social welfare, housing and employment. [12930/16]
Amharc ar fhreagraFreagraí scríofa
Under section 27(2)(b) the Civil Legal Aid Act 1995 the Legal Aid Board may provide legal aid for legal representation for applicants before such tribunals as are prescribed by the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform. To date only the Refugee Appeals Tribunal has been so designated.
Where statute provides an appeal mechanism from a tribunal to a court, legal aid can be provided for the appeal provided the means and merits criteria are met. The Board, in certain circumstances where the merit criteria permit, provides legal aid for Judicial Reviews of tribunal decisions both in employment and social welfare matters. Law Centres may provide legal advice in employment, social welfare and housing.
There are no plans at present to broaden the remit of the Board to cover the matters as set out in the Deputy's question but the matter is being kept under review.
Civil Legal Aid
Ceisteanna (202)
Jonathan O'Brien
Ceist:202. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will ensure that civil legal aid is provided to borrowers or tenants in difficulty to ensure that they receive adequate legal advice and are supported in any legal proceedings which may result in repossession or eviction. [12931/16]
Amharc ar fhreagraFreagraí scríofa
I can inform the Deputy that information in relation to access to Civil Legal Aid for borrowers or tenants in difficulty is as follows.
In relation to borrowers, the Legal Aid Board provides legal advice to eligible applicants who seek legal advice in relation to mortgage difficulties subject to the requirements set out in sections 24 and 28(2) of the Civil Legal Aid Act, i.e., the applicant is required to satisfy the merits test.
Under the new Scheme of Advice and Aid for Home Mortgage Arrears, the Legal Aid Board organises and facilitates legal advice in repossession cases and representation in the case of Personal Solvency Arrangement reviews. As part of this Scheme, the Board has established a panel of private solicitors who will provide advice. A Duty Solicitor will also be present in courthouses ahead of each repossession court list.
The Board treats applications to review Personal Insolvency Arrangements (PIAs) as a priority. Where services are provided under the Scheme of Advice and Aid for Home Mortgage Arrears, there is no financial eligibility test to qualify for this service and no contribution payable but again the applicant must satisfy the merits test.
The position in relation to tenants is that applicants seeking legal services in respect of eviction or ejectment are provided with advice by the Legal Aid Board. Proceedings of this nature for eviction/ejectment are proceedings that concern rights and interests over land and, as such, may be a designated matter and outside the Board’s remit. While the Board may not be able to issue a certificate allowing for representation in court to defend these proceedings, applicants for legal services in such matters will be offered advice and correspondence and/or negotiations may be entered into on their behalf .
Legal aid and advice will be provided to assist tenants who claim an entitlement to a tenancy as a family member under Section 9(1) of the Housing (Private Rented Dwellings) Act 1982 or on the basis of long occupancy under Section 13 (1) of the Landlord and Tenant (Amendment) Act 1980 (as amended by the Landlord and Tenant (Amendment) Act 1994). Similarly, legal aid and advice may be granted to tenants seeking to fix the terms of a new tenancy under Section 23 of the Landlord and Tenant (Amendment) Act 1980 (as amended by the 1994 Act). Advice will also be given in respect of rights and obligations under the Residential Tenancy (Amendment) Act 2015.
Legislative Programme
Ceisteanna (203)
Jonathan O'Brien
Ceist:203. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to introduce hate crime legislation. [12935/16]
Amharc ar fhreagraFreagraí scríofa
The Government is firmly committed to combatting and challenging any and all manifestations of racism. We recognise that the impact of hate crime is devastating; being the target of a crime simply for being who you are, or for being perceived as “other” is unacceptable and cannot be tolerated.
There are robust mechanisms in place in legislation to deal with discrimination, hate speech and racist crime. The Prohibition of Incitement to Hatred Act 1989 makes it an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the Travelling community or sexual orientation".
In addition, where criminal offences such as assault, criminal damage, or public order offences are committed against a person based on their race, religion or belief, the offences are prosecuted as generic offences through the wider criminal law. However, a racist or religious motivation, for example, may be taken into account as an aggravating factor at sentencing.
As Minister for Justice and Equality, I have approved a review of the Prohibition of Incitement to Hatred Act 1989 in the light of reports by civil society, international obligations and the experience of other jurisdictions, given the age of the legislation, the changes in Irish society and the use of the internet and social media since its enactment. The outcome of this review will inform the case for legislative change.
Citizenship Applications
Ceisteanna (204)
Jonathan O'Brien
Ceist:204. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will reverse the increases in application fees for Irish citizenship. [12936/16]
Amharc ar fhreagraFreagraí scríofa
The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil.
The standard fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for a certificate of naturalisation. I might also add that following the grant of citizenship it is no longer necessary for the person to register their presence in the State with the Garda National Immigration Bureau which requires the payment of a fee of €300 per registration.
The Deputy will be aware that formal citizenship ceremonies have been introduced at no extra cost to applicants. These have been universally well received by participants as the ceremonies provide a sense of dignity and occasion that serves to underscore the importance to both the State and the applicant of the granting of Irish citizenship.
All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department; however, there are no plans to reduce or abolish these fees.
Ministerial Advisers
Ceisteanna (205)
Jonathan O'Brien
Ceist:205. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the names of her advisers and their salaries. [12937/16]
Amharc ar fhreagraFreagraí scríofa
Following my appointment as Tánaiste and Minister for Justice and Equality, I am currently finalising the selection of my advisory team who will take up office, subject to Government approval and in accordance with the provisions of the Public Service Management Act, 1997.
Garda Disciplinary Proceedings
Ceisteanna (206)
Jonathan O'Brien
Ceist:206. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if any gardaí have ever been through disciplinary processes as a result of misuse of the covert human intelligence source scheme; and if so, the result of these processes. [12938/16]
Amharc ar fhreagraFreagraí scríofa
I have sought information from the Garda authorities on the matter the Deputy has raised and I will write directly to the Deputy when that information has been received.
Garda Investigations
Ceisteanna (207)
Josepha Madigan
Ceist:207. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality the steps she will take to address repeated concerns (details supplied) in the O'Higgins report regarding proper investigation by An Garda Síochána; and if these areas have been examined and improved. [12939/16]
Amharc ar fhreagraFreagraí scríofa
The O'Higgins report identified a number of weaknesses in the conduct of Garda investigations in the Cavan Monaghan District of the Garda Síochána in the period 2007/8. I want to assure the Deputy that the new Garda training programme and new supervisory arrangements which are now in place should ensure that, as far as possible, there should be no recurrence of the types of incidents which feature in the O'Higgins report, including the matters raised by the Deputy.
I understand that under current operational regulations for the Gardaí, the daily performance accountability and learning framework, meetings take place at which incidents occurring in the previous 24 hours are discussed with the District Superintendent or the Inspector on his or her behalf and with Gardaí and supervisors. Directions and instructions are provided on matters under investigation. It is a much more collaborative and inclusive reporting and accountability mechanism. In a further recent development, a nominated supervisor is now allocated to all matters under investigation. Required actions are marked on associated PULSE incidents under investigation and must be attended to by investigating Gardaí. All incidents are reviewed by managers to ensure all actions and investigations are progressed.
Since I reopened the Garda College in September 2014, all Garda recruits undertake the new two-year training programme leading to a Bachelor of Arts in Applied Policing, accredited by the University of Limerick. This programme is the outcome of a comprehensive review of foundation training for entrants to An Garda Síochána and exemplifies best practice. Phase one, which lasts 32 weeks, is based in the Garda College and places a strong emphasis on problem-based learning, with students learning in small groups through engagement with realistic policing scenarios. Phase two, which lasts for 65 weeks, is primarily based in Garda stations, with appropriate training and development structures in place, including access to a trained tutor Garda and a permanently appointed supervisory Sergeant who are thoroughly familiar with their responsibilities under the training programme. During the course of their placement, trainees move through three development stages - assisting their Garda tutors, taking the lead role and being assisted by the tutors, and finally the autonomous stage, in which they are deployed in regular policing activity and work independently within the operational unit. Over the course of the placement, Gardaí also return to the Garda College for a number of weeks to further enhance their skills in specialist areas, including sexual assault, intelligence-led policing, file preparation and court presentation. Phase three consists of seven weeks of preparation for final exams and assessments.
While these new training and supervision arrangements are core to addressing the shortcomings which Mr Justice O'Higgins found, I have asked the Garda Commissioner to examine the Report of the O'Higgins Commission and to indicate to me what further measures might be taken to prevent the type of difficulties outlined in it in relation to An Garda Síochána arising again and her proposals to respond to the recommendations which are related to the Garda service. I await the Garda Commissioner's response to the report which is likely to assist with the identification of further measures to ensure that our citizens can enjoy effective policing.
The Policing Authority received a copy of the report in the context of its statutory role in relation to oversight of An Garda Síochána. The Authority and the Garda Commissioner held their first meeting regarding the Report on 26 May 2016 and further meetings are planned, including two public meetings.
Public Inquiries
Ceisteanna (208)
Jonathan O'Brien
Ceist:208. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality for an update on the development of terms of reference for the inquiry into Garda misconduct allegations made by a person (details supplied). [12958/16]
Amharc ar fhreagraFreagraí scríofa
The matter to which the Deputy refers was considered by the Independent Review Mechanism (IRM) set up by the Government to review complaints of Garda misconduct which had been made to the Taoiseach and myself. Counsel on the panel of the IRM recommended that an inquiry be set up to consider this complaint.
I accepted counsel's recommendation and decided to establish an inquiry under section 42 of the Garda Síochána Act 2005. Officials in my Department are currently in consultation with the Office of the Attorney General with regard to matters concerning the establishment of this and a number of other section 42 inquiries. These matters include the setting of appropriate terms of reference for each inquiry.
Personal Insolvency Act
Ceisteanna (209)
Michael McGrath
Ceist:209. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality if the facility to appeal to the court the rejection of an insolvency proposal by a creditor is only available where a family home is involved; the number of cases whereby such a facility has been availed of and the outcome in each; and if she will make a statement on the matter. [12963/16]
Amharc ar fhreagraFreagraí scríofa
The Deputy is referring to the new court review provision, inserted as section 115A of the Personal Insolvency Acts by section 21 of the Personal Insolvency (Amendment) Act 2015. This was an important legislative change, as it introduced a new power for the courts to approve and impose a personal insolvency proposal made by a borrower which has been rejected by the creditors, provided that the judge considers, using criteria set out in s. 115A, that the proposal is fair and reasonable to all concerned.
Under this provision, an application for the new court review can be made by an insolvent person who has proposed a personal insolvency arrangement, if the proposal:
- has been refused by their creditors,
- includes a mortgage, or other debt, whose payment is secured on the borrower's home (their principal private residence, as defined in the Personal Insolvency Acts),
- and the borrower was in arrears on that mortgage or other debt on 1 January 2015 (or on that date was in a restructure of such arrears, but remains insolvent.)
The appropriate Court for hearing the review applications is normally the Circuit Court, where the cases are heard by the specialist personal insolvency judges. Under the amending Act, all applications to court for this review, and their outcomes, must be notified to the Insolvency Service of Ireland (ISI). The ISI has indicated that it intends to publish overall details of the s. 115A applications on a regular basis.
The new provision was commenced with effect from 20 November 2016, after the necessary changes to the relevant Rules of Court had been put in place. As of 24 May 2016, the ISI advises that 46 review applications to Court have been notified to the ISI. The courts had decided 5 applications - in 4 of these, the borrower's proposal was approved by the Court, while in 1, it was rejected by the Court. 5 further cases had been withdrawn while 2 had been struck out by consent: these outcomes can result from settlement negotiations between the parties. 34 other applications were before the Courts: in 32 of these, the Court has held an initial hearing but new affidavits or additional material had been requested and adjournments have been given to allow for filing of this material in advance of a full hearing. The remaining 2 cases were awaiting an initial hearing.
A further relevant development is the new Scheme of Access to Independent Legal and Financial Advice for Home Mortgage Arrears, which I announced on 22 January and which is expected to come into operation very shortly. The objective of the Scheme is to ensure that an insolvent borrower at risk of losing his or her home due to mortgage arrears can get the necessary expert advice and help to identify their best option to resolve their financial difficulties. MABS, the Money Advice and Budgeting Service, will act as gateway to the Scheme and will be able to refer the borrower to a personal insolvency practitioner, solicitor or accountant if needed, without cost to the insolvent borrower and at fixed cost to the Scheme. The Scheme includes, in particular, a component to ensure that an insolvent borrower can access expert financial assistance and legal aid for seeking the new Court review, where needed.
Garda Operations
Ceisteanna (210)
Jonathan O'Brien
Ceist:210. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she is aware of an alleged speeding offence that was entered on the PULSE - police using leading systems effectively - system (details supplied) and of the circumstances in which it was not pursued but no justification was given for this decision; and if she will make a statement on the matter. [12965/16]
Amharc ar fhreagraFreagraí scríofa
It has not been possible, within the time available, to compile the information necessary to answer this question but I will convey the information to the Deputy when it becomes available.
Courts Service
Ceisteanna (211)
Jonathan O'Brien
Ceist:211. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will introduce legislation to allow small limited companies not to engage the services of solicitors and barristers when accessing the courts; if she is aware that the costs of such services are prohibitive for some; and her plans to implement a small claims intellectual property process in the courts. [12969/16]
Amharc ar fhreagraFreagraí scríofa
As the Deputy may be aware, this matter was recently considered by the Company Law Review Group at the request of the then Minister for Jobs, Enterprise and Innovation. The Group's Report on the Representation of Companies in Court contains a number of recommendations and raises issues which require detailed examination in the context of wider access to the Courts and also bearing in mind the needs of smaller companies.
International Time Zones
Ceisteanna (212)
James Browne
Ceist:212. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality the European Union issues that arise with regard to the duration of summer time from March to October; if it is possible to extend summer time to run from February to November; and if she will make a statement on the matter. [13154/16]
Amharc ar fhreagraFreagraí scríofa
The Deputy may be aware that the Joint Committee on Justice, Defence and Equality considered the matters raised by the Brighter Evenings Bill 2012, including public submissions on this issue, and submitted a report to me recommending that the proposal be kept under review. The Committee was impressed by the benefits of introducing summer time for a longer portion of the year in the event of any future review of European legislation.
Having considered the Committee's report, and noted the recommendations made, my Department will continue to keep the matters raised in the Brighter Evenings Bill under review, including the changing of our time zone arrangements for a trial period as a joint venture with the United Kingdom.
My Department will also keep under review the idea of extending the period of summer time, currently from the last Sunday of March to the last Sunday of October each year, bearing in mind member states' EU-wide obligations in this regard.
Question No. 213 answered with Question No. 107.
Road Safety
Ceisteanna (214)
Mattie McGrath
Ceist:214. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the amount paid to a company (details supplied) to operate speed camera vans from 2009 to date; the amount collected by the company in speeding fines during the same period; and if she will make a statement on the matter. [13182/16]
Amharc ar fhreagraFreagraí scríofa
I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy and will revert to him as soon as I have this information to hand.
Crime Data
Ceisteanna (215)
Mattie McGrath
Ceist:215. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the number of burglaries since 2014 by county, in tabular form; and if she will make a statement on the matter. [13183/16]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.
To be of assistance, I have requested the CSO to contact the Deputy directly in relation to the information requested.