Friday, 16 Sep 2016

Written Answers Nos. 1-22

Property Valuations

Ceisteanna (1)

James Browne

Ceist:

1. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality the rateable valuation and calculation method applied to solar panels; and if she will make a statement on the matter. [24447/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Commissioner of Valuation is independent in the exercise of his duties under the Valuation Acts, 2001 - 2015 and the making of valuations for rating is his sole responsibility. The statute does not accord me as Minister any function in this regard.

The basic premise under the Valuation Acts is that all interests including buildings and lands used or developed for any purpose (irrespective of whether such lands are surfaced) and any constructions affixed thereto are rateable unless expressly exempted under Schedule 4 of the Acts. Schedule 3, paragraph 1(m) of the Acts specify that electricity generating stations, including where appropriate, all buildings and structures thereon which include solar panels, are rateable.

Solar panels, whether affixed to the roof or other external surface of a commercial or industrial building or existing quite independently as "solar farm" type installations are rateable structures. In the case of panels affixed to buildings, they form part of the building valuation itself and in the case of solar farms, they form part of the valuation of electricity generating stations as defined under Schedule 3, paragraph 1(m) of the Valuation Acts 2001 to 2015.

The basis of rateable valuation for all property including solar farms is "net annual value" and is set out in Part 11 of the Valuation Act 2001. Net annual value is the rental value for which one year with another, the building might, in its actual state, be reasonably expected to let from year to year, on the assumption that the probable average annual cost of repairs, insurance and other expenses (if any) that would be necessary to maintain the property in that state, and all rates and other taxes in respect of the property, are borne by the tenant of the property.

In accordance with the legislation, well-established valuation principles and case law arising from the independent Valuation Tribunal and the higher Courts, various methodologies may be used in estimating the net annual value (NAV/rental value) of a rateable property. The most common methodology used is the "comparative" method which, as the name implies, employs direct comparison with other similar properties in the same rating area. In the absence of direct comparative evidence of value, two other methods may be used. The first of these is what is known as the "receipts and expenditure" method of valuation where trading accounts are analysed to arrive at the rent which a hypothetical tenant might be reasonably expected to expend for the property. Another method of valuation used from time to time, depending on the particular circumstances and type of property involved, is the "contractor's" method where the notional cost of construction, allowing for depreciation as appropriate, and the value of the site are used to arrive at the net annual value. This is provided for in Section 50 of the Valuation Act 2001, as amended by the Valuation (Amendment) Act 2015.

Owners Management Companies

Ceisteanna (2)

Alan Farrell

Ceist:

2. Deputy Alan Farrell asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to cases whereby management companies are uncommunicative with homeowners with whom they have a management agreement; the action she plans to take in order to ensure management companies uphold their responsibilities to homeowners and residents within estates which are under their remit; and if she will make a statement on the matter. [24715/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The position is that the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Act, the members of which are the owners of residential units within the development, which are established for the purposes of ownership and management of such common areas.

As regards the provision of information to members, section 17 of the Act imposes specific obligations on OMCs. It provides that they must prepare an annual report which includes details of income and expenditure, as well as assets and liabilities; annual service charges and sinking fund accounts; planned expenditure on maintenance and repair; insurance cover and contracts entered into by the OMC. It also provides that OMCs must hold a meeting at least once a year to consider the report. Advance notice of the meeting must be given to each member at least 21 days before the meeting; a copy of the annual report must be provided at least 10 days beforehand; moreover, the meeting must take place within reasonable proximity to the multi-unit development unless otherwise agreed in writing by 75% of the members.

Section 18 of the Act requires OMCs to establish and maintain a scheme of annual service charges from which they may discharge expenditure incurred on the provision of common or shared services to the owners and occupiers of residential units in the development, including insurance, waste management and security services. These service charges must be calculated on a transparent basis, and be equitably apportioned between the residential unit owners. In order to ensure transparency and accountability, both the annual service charge and the services to be provided must be approved by a general meeting of the members of the OMC.

Section 24 of the Act contains provisions for the resolution of disputes relating to multi-unit developments. It provides that a person, including any member of an OMC, may apply to the Circuit Court for an order to enforce any rights conferred or obligations imposed by the Act. The Court, if satisfied that a right has been infringed or an obligation has not been discharged, may make such remedial order as it deems appropriate in the circumstances with a view to ensuring the effective enforcement of the right or the effective discharge of the obligation in respect of the multi-unit development concerned.

Public Sector Staff Remuneration

Ceisteanna (3, 110, 185)

Seán Fleming

Ceist:

3. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality if she will facilitate persons who are currently employed in the public service and are applying for a job at a higher grade in the same area but because they are already on an increment may be forced to start at a lower rate than their current salary (details supplied); if she will re-examine this situation and allow persons who are currently on a particular pay rate continue at that salary level in the new position; and if she will make a statement on the matter. [25086/16]

Seán Fleming

Ceist:

110. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality if she will consult with the Minister for Public Expenditure and Reform regarding not requesting persons (details supplied) who are applying for a position to start at the basic pay level of the position where they are currently employed in the same Department but on an administrative grade and due to increments are on a higher pay level and if they can continue on this level of pay in the new post; and if she will make a statement on the matter. [25085/16]

Fiona O'Loughlin

Ceist:

185. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if he will clarify the position for personnel in the Prison Service who were recruited from a prison officers panel to work as prison administration and support officers and the reason, now if they crossover to become prison officers, it will involve a drop in pay; and if she will make a statement on the matter. [26265/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 3, 110 and 185 together.

I am informed by the Irish Prison Service that the role referred to is a direct-entry grade through open competition and that therefore there is no general agreement in place for the granting of incremental credit in relation to basic pay to recruits to that role.

I am informed that this issue has been considered in detail by the IPS in consultation with the Department of Public Expenditure and Reform and it was concluded earlier this year that because of various allowances and attendance patterns, the posts attract a financial gain compared to the current posts.

Property Valuations

Ceisteanna (4, 6)

Michael Healy-Rae

Ceist:

4. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding child care owners here; and if she will make a statement on the matter. [25402/16]

Pat Deering

Ceist:

6. Deputy Pat Deering asked the Tánaiste and Minister for Justice and Equality if consideration will be given to readdressing the classification of preschools as educational under rates valuation in the upcoming budget preparations; and if she will make a statement on the matter. [25782/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 4 and 6 together.

The Commissioner of Valuation is independent in the exercise of his duties under the Valuation Acts 2001 - 2015, and the making of valuations for rating purposes is his sole responsibility. I, as Minister for Justice and Equality, have no function in that regard.

The Valuation Acts provide that all buildings used or developed for any purpose are rateable unless expressly exempted under Schedule 4 to the Acts. Such exempt buildings would principally include those used for public worship, education and health care provided on a not-for-profit basis, and charitable purposes. The Acts maintain the long-standing position that commercial facilities - including all private childcare facilities such as play schools, pre-schools, creches and Montessori schools - are liable for rates.

However, certain pre-school facilities are exempt from rates under paragraph 16 of Schedule 4 which provides that a property occupied by a charitable organisation and used exclusively for charitable purposes and otherwise than for private profit is exempt from rates. Similarly, certain pre-school facilities can be exempt from rates where the conditions set out in paragraph 10 of Schedule 4 are met, i.e. it must be occupied by an educational institution and it must be used exclusively for the provision of educational services, otherwise than for private profit.

It should be noted that reclassifying pre-school facilities as educational under Schedule 4 to the Valuation Acts would not in itself result in such facilities being no longer liable for rates. However, the Valuation (Amendment) Act 2015, which was commenced on 8 June 2015, contains an amendment to Schedule 4 which provided for a new exemption from rates in respect of community-based childcare facilities which are operated on a not-for-profit basis.

Private childcare facilities which are operated for profit form part of the rateable valuation base on a nationwide basis. The exemption from rateability of such facilities would reduce local authority revenues, which if it were not to entail an increase in Exchequer funding for local authorities, would have to be made good by imposing a corresponding increase on the remaining ratepayers. Accordingly, and in line with the long-standing position that commercial facilities are liable for rates, there are no plans at this time to provide for any exemptions from valuation in respect of for-profit childcare facilities.

UN Conventions Ratification

Ceisteanna (5)

Jan O'Sullivan

Ceist:

5. Deputy Jan O'Sullivan asked the Tánaiste and Minister for Justice and Equality when she expects Ireland will ratify the Istanbul Convention on preventing and combating violence against women and domestic violence; the legislative measures this will require; and if she will make a statement on the matter. [25440/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The protection of members of society from domestic violence, sexual violence and exploitation are primary concerns for me and my Department. The Istanbul Convention is a significant legal instrument in the fight against domestic and sexual violence. Ireland is fully supportive of the aims and terms of the Convention and the Deputy will be aware that Ireland signed the Convention on 5 November 2015. The Programme for a Partnership Government contains a commitment to implementing the Istanbul Convention. Work has commenced on implementing the 18 legislative and administrative actions, which when implemented, will enable Ireland to ratify the Convention. All of the actions required for the ratification of the Istanbul Convention are contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence which was published in January of this year.

The new Domestic Violence Bill, the Criminal Justice (Victims of Crime) Bill and the Criminal Justice (Sexual Offences) Bill are among the legislative actions required.

It is my intention to publish the Domestic Violence Bill this year. The Criminal Justice (Victims of Crime) Bill is being drafted for publication as a priority. The new Criminal Justice (Sexual Offences) Bill is also intended to be enacted this year.

Question No. 6 answered with Question No. 4.

Visa Applications

Ceisteanna (7)

David Cullinane

Ceist:

7. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the status of a visa application for a person (details supplied); and if she will make a statement on the matter. [24877/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa applications referred to were received by the Visa Office in Dublin on the 18th of January, 2016. Whilst an initial examination has taken place, a further more detailed consideration is now required. A decision can be expected by the 7th of October, 2016.

The Deputy may wish to note 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. 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.

In addition, applicants may themselves e-mail queries directly to the INIS Visa Office ([e-mail]).

Court Accommodation Provision

Ceisteanna (8)

Michael Healy-Rae

Ceist:

8. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality his views on correspondence (details supplied) regarding a courthouse service; and if she will make a statement on the matter. [24328/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

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.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that in early 2012 a comprehensive review of all venues throughout the country was completed. The specific output from this review was the identification of a range of venues nationwide which could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue.

In this regard, the identification of venues as part of the review process does not necessarily mean that the identified venues will close. The assessments undertaken were informed by a consultation process with local public representatives, solicitor firms and a range of other interested parties and the final decision in relation to the closure of any venue is a matter for the Board of the Courts Service. Following this review Killorglin courthouse was identified as a venue which could be considered for closure subject to a detailed assessment and the preparation of a business case.

The Courts Service, during the course of 2013, commenced the process of undertaking a detailed assessment of all identified venues in Kerry. Consultations were completed with local interested parties but the detailed assessment was never formally completed or advanced to conclusion. The Courts Service are of the view that having regard to the lapse of time since the aforementioned assessment was commenced, it would be appropriate to consult further with all interested parties and therefore it is proposed that such a process will commence within the next two months.

Refugee Status Applications

Ceisteanna (9)

Bernard Durkan

Ceist:

9. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding residency status in the case of a person (details supplied); and if she will make a statement on the matter. [24343/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Deputy will be aware that, if the persons concerned have made an application for asylum or subsidiary protection in the State, it is not the practice to comment on such applications until they have fully completed the Protection Process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.

Queries in relation to the status of individual 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 might 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 (10)

Bernard Durkan

Ceist:

10. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position in respect of residency status in the case of a person (details supplied); and if she will make a statement on the matter. [24344/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application having been received for an extension of permission in respect of the person mentioned by the Deputy. In the event that an application is made for an extension of permission to remain in the State, it may be considered in due course.

Details of how to make an application can be found on the INIS website "www.inis.gov.ie" at Extension of Visitors Permission in the State.

Queries in relation to the status of individual immigration cases may be made directly to INIS by email 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 Questions process. The Deputy should consider using the email service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Wards of Court

Ceisteanna (11)

Mary Butler

Ceist:

11. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the number of persons that have become wards of court in each of the years 2011 to 2015, by county, in tabular form; and the number that are male, female and minors. [24366/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the deputy may be aware, the High Court has jurisdiction in Wards of Court matters. Management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998. However in order to be of assistance I have had enquiries made and the following table provides details of the number of wards of court declared during the period 2011 to 2015, showing the overall number of wards of court declared and also the number of minors.

The Courts Service has advised that breakdowns by county or region or by male/female cannot be given as this information is not readily available and would involve individual inspection of each file to verify the information, which as the Deputy will appreciate would require a disproportionate amount of staff time. However a sample of 200 cases was studied and it suggests that 62% of persons declared wards of court in recent years are female and 38% are male.

Year	Persons brought into wardship	Adult	minors
2015	238	219	19
2014	318	306	12
2013	319	299	20
2012	276	257	19
2011	328	314	14

Deportation Orders Data

Ceisteanna (12)

Mattie McGrath

Ceist:

12. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the number of deportations carried out for each of the past three years; the reasons for same; her plans to amend existing legislation in this area given the heightened terrorist threat within the European Union; and if she will make a statement on the matter. [24371/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a deportation order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders.

The statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good. Where persons have been identified as a threat to national security by An Garda Síochána, it remains open to me to make deportation orders against such persons and I have done so in the past and will continue to do so where appropriate.

In determining whether to make a deportation order, in addition to the factors set out in Section 3 (6) of the Immigration Act 1999, as amended, I must also consider Section 5 (Prohibition of Refoulement) of the Refugee Act 1996, as amended, as well as any other relevant statutory provisions, Constitutional or international human rights arising. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

The statistics requested by the Deputy are set out in the following table. It should be noted that the overwhelming majority of persons who arrive at the frontiers of the State without permission to enter or reside here are refused leave to land, without ever reaching the stage where they would be considered under the deportation process. Indeed, this figure has risen substantially to almost 3,500 last year and is expected to exceed 4,000 this year. Others voluntarily remove themselves before a Deportation Order is made or is required to be enforced. Given the number of deportations effected, and the detailed individual assessment carried out in each case, it is not possible to provide the Deputy with the reasons for each individual deportation which has been carried out over the past three years.

The legislation in this area was recently amended by way of section 78 of the International Protection Act, commenced on 10th March this year. These amendments have given additional powers to An Garda Síochána to allow them to more effectively enforce deportation orders where persons subject to deportation orders have failed to comply with their legal obligation to remove themselves from the State.

Deportations Effected for the years 2013 - 2015

Year	No of Deportations
2013	209
2014	114
2015	251
Total	574

Prisoner Releases

Ceisteanna (13)

Mattie McGrath

Ceist:

13. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the number of persons who are eligible for early release from prison in 2016; if she is satisfied that existing prison capacity is sufficient; and if she will make a statement on the matter. [24372/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that all prisoners, with the exception of life sentence prisoners who apply for release through the parole board process, who are sentenced to a term of imprisonment qualify for one quarter remission on the basis of good behaviour. In addition, prisoners who have engaged in authorised structured activity may apply to receive enhanced remission of greater than one quarter but not exceeding one third of their sentence. In order for a prisoner to be granted enhanced remission, I must be satisfied that the prisoner is less likely to re-offend and is able to re-integrate into the community.

The principles governing the awarding of enhanced remission are contained under Rule 59 of the Prison Rules 2007 to 2014 (S.I. No. 252 of 2007 and S.I. No. 385 of 2014).

Additionally prisoners serving between 1 and 8 years imprisonment who are making genuine efforts to desist from reoffending may apply for incentivised early release under the Community Return Programme on a Community Return Scheme. Prisoners serving sentences of under one year may apply for the Community Support Scheme. Decisions are made on an individual case basis and are governed by the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

I am advised that the Irish Prison Service publishes figures in relation to the prisoner population and capacity levels on their website www.irishprisons.ie on a daily basis. On 7 September 2016 a total of 378 were on temporary release, of whom there were 81 participants on Community Return Schemes and 83 participants on Community Support Schemes.

The Deputy should be aware that the overall bed capacity of the Irish Prison System is 4,202. On 7 September 2016 there were 3,670 prisoners in custody, representing an occupancy rate of 87%. I am advised by the Irish Prison Service that it is continuing to reduce the capacity of our prisons to align with the Inspector of Prisons recommended bed capacity of 3,997. Significant decreases in prison numbers have taken place since 2011. The Deputy may wish to note that the number in custody reached a peak of 4,621 on 23 February 2011. On 29 August 2016 there were 951 less prisoners in custody, a decrease of 20%. I am therefore satisfied that the existing prison capacity is sufficient.

Road Traffic Offences

Ceisteanna (14)

Alan Farrell

Ceist:

14. Deputy Alan Farrell asked the Tánaiste and Minister for Justice and Equality her plans to strengthen enforcement of speeding and drink driving laws in view of the increase in fatalities on roads in 2016 to date; and if she will make a statement on the matter. [24397/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I would like to acknowledge, at the outset, the serious issue of road traffic fatalities referred to by the Deputy, and I am mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving, more generally on the quality of life of residents in local communities across the country.

The Deputy will appreciate that road traffic enforcement is an operational matter and, as such, is the responsibility of the Garda Commissioner. The Commissioner is also responsible for the allocation of all Garda resources, including personnel. As such, it is not open to me as Minister for Justice and Equality to comment on such matters. However, to be of assistance to the Deputy, I have requested an up to date report from the Garda authorities in relation to road traffic enforcement and I will forward this report to the Deputy as soon as it is to hand.

Insofar as road traffic enforcement is concerned generally, An Garda Síochána's Roads Policing Operations Plan 2016 incorporates a programme of high visibility road safety and enforcement operations, carried out in partnership with other state agencies, and is being implemented by each Regional Traffic Superintendent. The focus of the Roads Policing Operations Plan for 2016 is on the most vulnerable road user categories of motor cyclists, pedal cyclists, pedestrians and learner permit holders. Garda operations specifically target road use behaviour known to contribute significantly to collisions, including speeding, driving while intoxicated, and use of a mobile phone.

Road traffic legislation is also enforced as part of the day to day duties of members of An Garda Síochána. Both targeted and general methods of enforcement have a valuable role to play in An Garda Síochána's enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads.

An Garda Síochána’s Modernisation and Renewal Programme 2016-2021 also sets out key strategic objectives for Roads Policing which will inform and guide An Garda Síochána’s Road Policing plans over the next 5 years. The Deputy is no doubt aware of the significant investment in Garda resources currently underway. This investment is closely associated with delivery on the Modernisation and Renewal Programme.

Ireland has, over a number of years, developed a multi-agency approach to road safety through the involvement of a number of agencies working in partnership, under the aegis of a Road Safety Strategy led by my colleague, the Minister for Transport, Tourism and Sport. Ireland's current Road Safety Strategy covers the period 2013-2020 and seeks to close the gap between Ireland and the safest countries in the European Union and beyond. Progress in relation to the actions and outcomes set out in this strategy are monitored on an ongoing basis by the Road Safety Authority and the other agencies involved, and overseen at a Ministerial Committee on Road Safety.

Boundary Disputes

Ceisteanna (15)

Clare Daly

Ceist:

15. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to her reply to Parliamentary Question No. 108 of 27 January 2016, if she is aware of research related to increasing property boundary disputes (details supplied); if she is concerned by the harm such disputes could have on the trust which the public has in the State authority; if she will address matters (details supplied) related to the PRAI mechanism; if a person lacking adequate professional oversight could be involved in registrations or applications for same without that being open to challenge; and in determining whether an application map is suitable for registration purposes, does that determination by the PRAI rest on a narrow range of technical issues or if it also employs a consumer protection analysis. [24404/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Property Registration Authority (PRA) that it is not aware of any recent increases relating to boundary disputes. The research referred to by the Deputy comprises academic publications completed as part of third level studies and has, I understand, been considered by the PRA. Given the low participation rate in the associated studies and the admission of use of anecdotal evidence therein, together with the feedback provided to the PRA from its customers, the PRA has concluded that no changes to its mapping practice are necessary. Notwithstanding this, the PRA has a longstanding and valued relationship with solicitors, surveyors, engineers and architects in all matters pertaining to property registration. No concerns relating to a perceived increase in boundary disputes have been raised via this PRA Customer Focus Forum. The PRA engages fully with any parties to assist where possible in matters pertaining to the mapped representation of the registration. Section 85 of the Registration of Title Act 1964 as amended by Section 62 of the Registration of Deeds and Title Act 2006 provides that registered land shall be described and identified by reference to the registry maps concerned in such manner as may be prescribed and except as provided for in the Act, neither the description of land in a register nor its identification by reference to a registry map is conclusive as to its boundaries or extent. The PRA has in place a robust structure whereby the registered owners of properties or their representatives can engage with the PRA in relation to matters pertaining to the mapped representation of the registration. Disputes between parties in the absence of consent are matters for the courts and the PRA is not the appropriate body to deal with such disputes.

There is no requirement by the PRA that requires those engaged in the preparation of application maps to hold a professional qualification. However, the PRA in its guidelines recommends that application maps submitted for registration be prepared and certified by competent Land Surveyors. A comprehensive and detailed Mapping Practitioners Guide, which is published on the PRA's website, www.prai.ie, clearly states that the responsibility for the accuracy of boundaries submitted for registration rests with the applicant. The Appendices therein clearly set out the mapping requirements and act as a guide to solicitors and other land professionals in the preparation of application maps for registration. Application maps which do not comply with the Guidelines are rejected or queried by the PRA to ensure that its standards are adhered to prior to registration.

Garda Data

Ceisteanna (16)

James Browne

Ceist:

16. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality the number of gardaí stationed in each county broken down in ranks, in tabular form; the number of Garda cars and motorbikes in County Wexford; the number of gardaí per population based on the preliminary 2016 census figures; and if she will make a statement on the matter. [24430/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources including personnel and vehicles among the Garda Regions, Divisions, and Districts and I, as Minister, have no direct role in the matter.

Garda management keeps the distribution of personnel under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources. I have been informed by the Garda Commissioner that on 31 July 2016, the latest date for which figures are readily available, there were 12,886 members assigned to An Garda Síochána. The breakdown by rank and Division is set out in the following table. There were also 798 Garda Reserves and over 2,000 Garda civilians available to Commissioner.

Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources. The allocation of Garda vehicles is monitored and reviewed on a continual basis by the Garda authorities to ensure the best match with operational requirements. The allocation of patrol vehicles in the Wexford Division on 14 September is as set out in the following table.

The preliminary 2016 Census figures are available from the Central Statistics Office at www.cso.ie.

Divisional Strengths as of 31 July 2016

Division	GD	SG	IN	SU	CS	AC	Total
D.M.R.S.C.	521	94	10	4	1		630
D.M.R.N.C	491	92	11	4	1		599
D.M.R.N.	569	95	8	5	1		678
D.M.R.E.	310	52	5	3			370
D.M.R.S.	451	80	9	4	1		545
D.M.R.W.	572	90	13	4	1		680
Waterford	234	41	6	3	1		285
Wexford	208	40	4	3	1		256
Kilkenny/Carlow	237	46	5	4	1	1	294
Tipperary	294	46	5	4	1		351
Cork City	523	103	11	7	1		645
Cork North	241	50	5	2	1		299
Cork West	225	44	3	4	1		277
Kerry	245	46	3	3			297
Limerick	463	79	8	4	1		555
Donegal	330	49	5	4	1		389
Cavan/Monaghan	250	56	4	5			315
Sligo/Leitrim	235	47	5	3	1		291
Louth	229	49	7	2	1		288
Clare	242	44	4	2	1		293
Mayo	243	49	2	5	1		300
Galway	461	85	9	6	1		562
Roscommon/Longford	239	51	3	4	1		298
Westmeath	193	37	6	5	1	1	243
Meath	233	49	3	3			288
Kildare	258	50	5	3	1		317
Laois/Offaly	236	46	5	3	1		291
Wicklow	253	47	6	2			308

Cars & Motorcycles allocated to the Wexford Division on the 14 th September 2016

-			CARS
	Marked	Unmarked	Total	M/CYCLES	Total
Total	30	17	47	2	49
ENNISCORTHY DISTRICT	14	7	21	1	22
NEW ROSS DISTRICT	5	3	8	0	8
WEXFORD DISTRICT	11	7	18	1	19

Crime Data

Ceisteanna (17)

Catherine Martin

Ceist:

17. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality the number of arrests made for prostitution offences between each of the years 2008 and to date in 2016, by offence type, county, gender and age group in tabular form; and if she will make a statement on the matter. [24456/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy.

Garda Data

Ceisteanna (18, 48)

Niamh Smyth

Ceist:

18. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number, rank, title and job of members of An Garda Síochána who are assigned to the Cavan-Monaghan Garda division; the number of new members which have been assigned since January 2015; the number of members who have retired since January 2015; the number of new vehicles allocated to this Division since 2015; and if she will make a statement on the matter. [24469/16]

Niamh Smyth

Ceist:

48. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number and rank of gardaí who retired in the Cavan-Monaghan Garda division from 2011 to 2016 to date; the stations they retired from; the number of new recruits which have been assigned to each Garda station in the Cavan-Monaghan Garda division from 2011 to 2016 to date, in tabular from; and if she will make a statement on the matter. [24826/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 18 and 48 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

The number, rank and title of members of An Garda Síochána who were assigned to the Cavan/Monaghan Garda Division on the 31 July 2016, the latest date for which figures are readily available, is as set out in the following table. For operational reasons it is not possible to provide specific details in relation to roles undertaken by individual Garda members.

In relation to the other queries raised by the Deputy in relation to the number of new vehicles allocated to the Cavan/Monaghan Division since 2015, and the number and rank of Garda members in that Division who retired from 2011 to 2016 together with their stations, I have requested this information from the Garda Commissioner and will update the Deputy when it is to hand.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the "Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of whom 15 of these have been assigned to Cavan/Monaghan. Another 150 are due to attest later this year.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.

As I have stated previously, when accelerating recruitment it is essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its excellent Bachelor of Arts in Applied Policing, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims and the public generally are well served by their policing service. My officials are engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.

An accelerated programme of recruitment of trainee Gardaí is essential to ensuring a visible policing presence but it is not the only means. This is recognised in the Programme for Government which includes commitments to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. Again my officials are engaging with Garda management on a plan to deliver this commitment.

CAVAN / MONAGHAN Division 31 July 2016

District	Station	GD	SG	IN	SU	CS	AC	Total
	BAILIEBORO	31	8		1			40
	BALLYJAMESDUFF	3	1					4
	COOTEHILL	6						6
	KINGSCOURT	1						1
	MULLAGH	1						1
	SHERCOCK	1						1
BAILIEBORO	VIRGINIA	9	1					10
	Total	52	10		1			63
	BALLYBAY	2	1					3
	CARRICKMACROSS	30	9	1	1			41
	CASTLEBLANEY	23	5					28
CARRICKMACROSS	ROCKCORRY	1						1
	Total	56	15	1	1			73
	ARVA	2	1					3
	BALLINAGH	1						1
	BALLYCONNELL	14	2					16
	BELTURBET	5	1					6
	BLACKLION	2	1					3
	CAVAN	56	6		2			64
	DOWRA	1						1
	KILLESHANDRA	1						1
	KILNALECK	2	1					3
CAVAN	SWANLINBAR	1						1
	Total	85	12		2			99
	CLONES	3	1					4
	EMYVALE	1	1					2
	MONAGHAN	54	16	2	2			74
MONAGHAN	SCOTSTOWN	1	1					2
	Total	59	19	2	2			82
	Division Total	252	56	3	6			317

Garda Misconduct Allegations

Ceisteanna (19)

Michael Healy-Rae

Ceist:

19. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality when a statutory inquiry will be held with regard to the case of a person (details supplied); and if she will make a statement on the matter. [24483/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

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.

Having examined the papers in this case Counsel on the panel of the IRM recommended that an inquiry be established to consider issues raised in the complaint. I accepted counsel's recommendation and a letter notifying the complainant of this was issued. The inquiry will be established in accordance with the provisions of section 42 of the Garda Síochána Act 2005.

Arising from the IRM process a number of other inquiries will be also be established under section 42. Officials in my Department are currently in contact with the Office of the Attorney General with a view to determining the appropriate terms of reference for these inquiries and identifying suitable persons to carry them out. Following the establishment of the Policing Authority I must also consult with the Authority in relation to such inquiries.

I will write to the person referred to in the Deputy's question in due course.

Prisoner Transfers

Ceisteanna (20)

Jonathan O'Brien

Ceist:

20. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the guidelines in place for gardaí and members of the Irish Prison Service transferring prisoners to court; the length of time a prisoner can be left in a van for; and if she will make a statement on the matter. [24485/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that all prisoner journeys, including transfers to and from court, are conducted in accordance with the terms of the PSEC (Prison Service Escort Corps) regulations manual. The manual is a comprehensive document which outlines strict procedures for Escorting Prisoners throughout the state and caters for frequent water and rest breaks for the prisoners.

I can advise the Deputy that the Irish Prison Service 'Escorting of Prisoner Policy' document sets out in general terms the procedures and processes relating to the transportation of prisoners. There is no specific information available on the length of time prisoners are detained in cellular transport, but I am advised by the Irish Prison Service that escorts are conducted as expeditiously as possible. The Irish Prison Service works closely with other Criminal Justice agencies, such as An Garda Síochána and the Court Services. On occasion the Irish Prison Service is required to transport prisoners to court locations that have no secure holding facilities. In such cases the Irish Prison Service has to utilise cellular transport to ensure secure and safe custody in as humane a manner as possible.

In relation to An Garda Síochána I can advise the Deputy that the following legislative provisions are of relevance.

Section 5 Criminal Justice (Miscellaneous Provisions) Act, 1997, provides authority for the Garda Síochána to transfer a person to a Court, other than that to which they were first remanded to:

5.—(1) Notwithstanding section 27 (3) of the Courts of Justice Act, 1953 , the court before which a person first appears charged with a particular offence or a judge of the District Court exercising jurisdiction under subsection (2) of section 79 of the Act of 1924 (inserted by section 41 of the Courts and Court Officers Act, 1995) may remand that person in custody to appear at a sitting of the District Court (“alternative court”) in the District Court District in which the prison or place of detention where he or she is to be held in custody is situated or a District Court District adjoining the first-mentioned District Court District

Section 5(2)(a) of the Immigration Act 2003 as amended by Section 80 of the International Protection Act 2015 provides:

(2) (a) Subject to paragraph (b), a person to whom this section applies may be arrested without warrant by an immigration officer or a member of the Garda Síochána, and a person so arrested may be taken to a place referred to in subparagraph (i) or (ii) and detained-

(i) under warrant of that officer or member in a prescribed place and in the custody of the officer of the Minister or member of the Garda Síochána for the time being in charge of that place, or

(ii) for the purposes of subsection (6) and for a period or periods each not exceeding 12 hours-

(I) in a vehicle, for the purposes of bringing the person to the port from which the ship, railway train, road vehicle or aircraft concerned is due to depart, or

(II) within the port referred to in clause (I).”.

Section 5(2)(a) of the Immigration Act 2003 as amended by Section 80 of the International Protection Act 2015 is the only legislation which provides for a specific period of time in which a member of the Garda Síochána can detain a person in a vehicle. This legislation only applies to a person who is unlawfully in the State.

Departmental Reviews

Ceisteanna (21)

Jonathan O'Brien

Ceist:

21. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she has received the recommendations of a person (details supplied) on the changes which might be needed to the powers of gardaí, the Revenue Commissioners, the Defence Forces and the Garda Ombudsman, GSOC, to access journalists’ phone records without warrant; if she has published these recommendations; and if she plans legislative change to implement those recommendations. [24486/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I have not yet received the recommendations of the review to which the Deputy refers.

The review is being carried out on a pro bono basis by former Chief Justice, Mr. Justice John L Murray. The work of the review involves the analysis of complex aspects of Irish and international law, particularly European law, in this area as well as consultation with relevant agencies and stakeholders. Given the complexity of the work involved and the need to receive and consider submissions and observations from a range of agencies and stakeholders it is not possible to say precisely when it will be completed. Recent important developments in EU caselaw also require detailed scrutiny. Judge Murray intends to complete the review as quickly as possible however consistent with a comprehensive assessment of the issues involved.

All recommendations made by Mr Justice Murray, including any requiring legislative changes, will be fully considered when I receive them.

Garda Expenditure

Ceisteanna (22)

Thomas Pringle

Ceist:

22. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality if details are available for the precise costing in respect of the visit of a person (details supplied) in view of the unavailability of such information in a previous parliamentary question reply; and if she will make a statement on the matter. [24490/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, the Garda Commissioner is responsible for the allocation of necessary resources to ensure the safety of visiting dignitaries, having regard to the security considerations involved, and I as Minister have no direct role in the matter.

I am advised by the Garda authorities that a complete costing in respect of the visit of HRH Prince Charles to Donegal is not yet available. I understand that expenditure to date amounts to some €710,000 and it is expected that all remaining claims in relation to this visit will be processed by the end of September.

When the complete information is to hand, I will make it available to the Deputy.