Wednesday, 22 Feb 2017

Written Answers Nos. 78--88

Immigration Controls

Ceisteanna (78)

Thomas Pringle

Ceist:

78. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the progress of the civilianisation of front-line immigration control procedures at Dublin Airport; the number of civilianised Irish Naturalisation and Immigration Service, INIS, staff versus Garda National Immigration Bureau staff; the clerical grade of the civilianised staff; her future plans for civilianisation at other ports of entry; and if she will make a statement on the matter. [8855/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The frontline immigration checks in Terminal 1 and the Transit area of Terminal 2 at Dublin Airport are undertaken by civilian staff of the Irish Naturalisation and Immigration Service (INIS) of my Department. During the course of this year, INIS staff will take over these checks in Terminal 2 of the airport and the arrangements are in place for the deployment of the necessary additional staff for this purpose.

There are currently 68 civilian staff serving at the airport with a further 19 staff taken on since 6th February, 2017 who are currently in training and will be deployed to full duties in early April. The grades of the staff at the airport are Assistant Principal Officer (1), Higher Executive Officer (1), Executive Officer (13) and Clerical Officer (72 including those in training). The Garda numbers at Dublin Airport are Inspector (1), Sergeant (4) and Garda (69) currently serving.

In relation to expanding the civilianisation programme to other ports of entry, I have indicated that I am looking at deploying civilian officers to other major ports of entry to the State where this makes sense from a cost and efficiency perspective. In circumstances where An Garda Síochána will maintain a presence at our ports to continue their crucial policing role in protecting our borders from a security and law enforcement perspective, one of the requirements of further civilianisation at other ports of entry will be to achieve the appropriate balance between Gardaí and civilian staff. In this light, the nature, volume and time distribution of passenger traffic at such ports will be a determining factor in any decision to deploy civilian immigration officers.

Prison Staff

Ceisteanna (79)

Tony McLoughlin

Ceist:

79. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the reason procedures are not in place to enable skilled and qualified Irish prison wardens from other countries, including the UK, to be able to return here and apply for the Irish Prison Service while having their experience recognised during the process, in view of the fact at present all applicants, skilled and unskilled, must go through the same process; and if she will make a statement on the matter. [8874/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that a competition for Recruit Prison Officer was advertised by the Public Appointments Service in 2016 with a closing date of 28 July 2016. The terms and conditions for this competition were set out in the booklet for the competition.

Any person interested in the role of Recruit Prison Officer is required to go through the recruitment process which was provided for in the booklet. The Irish Prison Service does not give preference to individuals who may have served in the role of prison officer in other jurisdictions. It is of course open to such individuals, where possible, to use whatever experience or skills they may have acquired abroad in the course of the recruitment process.

During the competency based interview candidates can draw on their experience from whatever context, be it in a similar role elsewhere or other unrelated role.

Garda Station Closures

Ceisteanna (80)

Catherine Martin

Ceist:

80. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality if, with regard to a closed Garda station (details supplied), the Garda Commissioner has indicated to her a timeframe as to when the review of the re-opening of Garda stations agreed in the programme for Government will be completed; if she has requested same; if so, when the announcement will be made; and if she will make a statement on the matter. [8878/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy will be aware that the Government has, in the Programme for a Partnership Government, recognised community policing as the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expectations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.

In line with the commitment in the Programme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. I understand that work is currently underway in An Garda Síochána to identify the 6 stations for inclusion in the pilot. I have not received a report on any aspect of this matter from the Garda authorities and, pending receipt of that report, I am not in a position to give any further information.

It is intended that the results of the pilot scheme will feed into the wider review by the Garda Síochána Inspectorate, at the request of the Policing Authority, of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities.

Garda Operations

Ceisteanna (81)

Clare Daly

Ceist:

81. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of undercover officers from the UK special demonstrations squad and the national public order intelligence unit who have ever operated here; and if their Irish operations are to be fully examined as part of the report being compiled by the Garda Commissioner. [8885/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I refer the Deputy to my responses to a number of recent Questions on this subject. As the Deputy is aware, when concerns were raised in 2011 with regard to allegations about the conduct of a UK police officer operating undercover in Ireland, a report on the issues arising was sought from An Garda Síochána. The report from the then Garda Commissioner was received in March 2011 and outlined the position in respect of the basis on which intelligence-gathering co-operation from police services in other jurisdictions might be sought in certain circumstances. The report also emphasised that confidentiality would be a fundamental aspect of any such arrangements. As the Deputy will appreciate this would be fundamental to the use of such techniques were they to be deployed and would be essential to guard against harm to individuals.

As I have indicated previously to the Deputy, these are operational matters for the Garda Authorities, that are carried out in accordance with their functions as set out in the Garda Síochána Acts, and neither I nor my Department would be involved in or have access to the details of such arrangements.

In the light of developments which have taken place outside this jurisdiction since these matters came to light in 2011, including the establishment in 2015 by the UK Government of an inquiry into undercover policing in England and Wales since 1968 (the Pitchford Inquiry), I requested a fresh report from the Garda Commissioner on any issues arising. As I have stated previously to the Deputy, I have not sought in any way to circumscribe the information which the Garda Commissioner would provide in that report. I have been informed by the Garda Authorities that they have met with their London Metropolitan Police Service counterparts and they will remain in ongoing contact with them in respect of this issue.

Land Ownership

Ceisteanna (82)

Sean Fleming

Ceist:

82. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 81 of 16 November 2016 (details supplied) if she will provide a detailed update on progress in this regard; and if she will make a statement on the matter. [8907/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that Section 35 of the Land and Conveyancing Law Reform Act, 2009 as amended by the Civil Law (Miscellaneous Provisions) Act, 2011 provides for registration of easements (such as rights of way) and profits à prendre acquired by prescription (long use) to be made directly to the Property Registration Authority (PRA) under Section 49(A) of the Registration of Title Act 1964.

Prior to the 2011 Act, registration of these rights required a court order. The 2011 Act provided for an alternative mechanism for registration by way of application directly to the PRA for uncontested claims. Due to the nature of the proofs required, these cases often require multiple queries as information unfolds in response to queries. When the claim has been fully established, notices must then be served on all interested parties. Many notice parties may be served, for example where a right of way or a wayleave may run over several properties. Notice parties regularly query details of the application and may subsequently lodge objections to the registration. Due to the nature of Section 49(A) applications being grounded on affidavit followed by notice, these cases can take some time to process.

As with all applications in the PRA, this process is subject to ongoing business process improvement review to ensure that cases are processed as efficiently as possible. I am advised that the PRA has recently established a dedicated unit to process these cases centrally and staff in this area have participated in business process improvement training. It is anticipated that these new arrangements will take time to yield positive results. In the meantime, the PRA processes urgent expedite cases on request.

Land Ownership

Ceisteanna (83)

Sean Fleming

Ceist:

83. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality her views on the time currently being taken to process certain types of applications (details supplied) by the land registry; her plans to amend the procedure to allow for more expeditious application processing; her views on whether administrative demands and requirements imposed by the Land and Conveyancing Law Reform Act 2009 may be a cause of these delays; and if she will make a statement on the matter. [8911/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I can inform the Deputy that applications for registration based on possession are dealt with under Section 49 of the Registration of Title Act, 1964. The processing of Section 49 applications is not affected by Land and Conveyancing Law Reform Act 2009, as title to be shown is based on “adverse possession” under the Statute of Limitations 1957.

These are complex legal cases which require a full case to be grounded on affidavit by the applicant. Section 49 applications rely on proof of possession over registered land and therefore do not require the input of an examiner of title.

I am advised by the PRA that when an application is received, it is given an initial reading at clerical level to ensure that the minimum requirements are met. An application may be rejected at this preliminary stage and returned to the lodging party. This initial assessment allows the PRA to eliminate at an early stage cases that are not suitable for processing and therefore avoids creating an arrear of cases that are not in order for registration. Due to the nature of the proofs required, these cases often require multiple queries as information unfolds in response to queries. When the claim has been fully established, notices must then be served on all interested parties. Notice parties regularly query details of the application and may subsequently lodge objections to the registration. Due to the nature of Section 49 applications being grounded on affidavits of possession followed by notice, these cases can take some time to process.

As with all applications in the PRA, this process is subject to ongoing business process improvement review to ensure that it is undertaken as efficiently as possible. I am further advised that the PRA continues to process urgent expedite cases on request.

Copyright Legislation Review

Ceisteanna (84)

Clare Daly

Ceist:

84. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 140 of 12 July 2016, if she will initiate dialogue with the Minister for Jobs, Enterprise and Innovation with a view to resolving, whether through legislation or any other measure, the problems caused by the fact that small limited liability companies must engage legal representation to have copyright claims heard in court, but cannot access legal aid, leading to a situation whereby it is economically impractical for such companies to vindicate their claims to copyright as costs will outstrip awards. [8914/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As I advised the Deputy in my response to question number 140 of the 12 July 2016, section 5(1) of the Civil Legal Aid Act 1995 states that the principle function of the Legal Aid Board is, inter alia, to provide legal aid and advice in civil cases to persons who satisfy the requirements of the Act. The Board has always interpreted the word ‘persons’ to mean natural persons only and not to include legal persons (e.g. a company). Section 29(1) of the Act requires that a person satisfy certain financial eligibility criteria set out in Regulations. The financial eligibility criteria that are set out in the Civil Legal Aid Regulations 1996 – 2013 clearly contemplate a natural person’s income and resources being assessed and do not contemplate the assessment being in relation to a legal person.

My Department is in regular contact with officials in the Department of Jobs, Enterprise and Innovation on cross-Departmental matters and the situation in regard to legal aid of the nature referred to by the Deputy will be kept under review.

Legal Services Regulation

Ceisteanna (85)

Jim O'Callaghan

Ceist:

85. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 81 of 15 February 2017, the date on which she expects the legal services regulatory authority to be fully operational; and when it will be regulating the legal profession. [8945/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

By way of supplementing the important information set out in my earlier Written Reply to Question No.81 of 15 February 2016, I would like to reiterate that the current working focus remains very much on the phased commencement of the respective sections or Parts of the Legal Services Regulation Act 2015. I would also like to assure the Deputy that the Chairperson and members of the Legal Services Regulatory Authority, its Interim Chief Executive and my Department are working closely to ensure that we can successfully coordinate the identification of the necessary steps and commencements by the Department, and the delivery, by the Authority as the new independent statutory regulator, of the various provisions concerned. This will include key milestones such as the coming on stream of the new public complaints and professional conduct provisions contained in Part 6 of the 2015 Act which are a bedrock of the new regulatory regime. It will also include the compilation, within a six-month period, of the new Roll of Practising Barristers which forms the basis, for the first time in legislation, for the regulation of barristers. Underlying all of these matters is the fact that the Legal Services Regulatory Authority has been established, in the public interest, as an independent regulator in terms of both its appointment and the discharge of its functions. This protects the independence of the legal professions and of the courts as well as the interests and confidentiality of legal clients. It is important in this context that the Regulatory Authority be afforded a reasonable opportunity to deliver its mandate efficiently and effectively and, most importantly, with the necessary working supports in place. While it remains the intention that the Legal Services Regulatory Authority will be in substantive regulatory mode later this year, the phased start-up of its various functions along the lines I have expressed will need careful project management. This will involve setting, over the next six weeks or so and in conjunction with the Authority, the specific target dates for the delivery of the various functions involved.

Garda Investigations

Ceisteanna (86)

Micheál Martin

Ceist:

86. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if the Garda Commissioner has provided her with any update on the serious crime review team's review of the murder of a person (details supplied); and if she will make a statement on the matter. [8955/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The case to which the Deputy refers was a callous and unjustified act of violence carried out in the course of a robbery. I sympathise with the tragic bereavement that the family of the victim suffered. Indeed, this crime was an attack on the State itself.

I am informed by the Garda Authorities that the Serious Crime Review Team at the Garda National Bureau of Criminal Investigation has carried out a comprehensive review of this case. That review involved a thorough examination of all available material and of the original investigation into the circumstances surrounding the murder. The review also sought to identify any new potential investigative opportunities and/or sources of information which may have come to light in the years since the original investigation. I am informed that the findings of the Serious Crime Review Team indicate that the murder was comprehensively investigated at the time and that no new evidence that might open further avenues of investigation has been presented. A number of persons faced prosecution in respect of this murder but none was convicted and it remains a matter of regret that it has not proved possible to bring anyone to justice in this case.

I would urge that if any person is in the possession of new or previously undisclosed information that might advance the investigation of this crime, it should be brought immediately to the attention of An Garda Síochána in order that it may be properly investigated.

I am aware that family members of the victim have met and corresponded with the Serious Crime Review Team on several occasions in the course of its work on this case. The Deputy will wish to be aware that I am in ongoing correspondence with a family member in respect of issues raised with regard to the case and I will correspond further directly with that family member in this matter in the near future.

Child and Family Agency

Ceisteanna (87, 88)

Micheál Martin

Ceist:

87. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality when officials in her Department were informed that Tusla was issuing an apology to a person (details supplied); and if she will make a statement on the matter. [8956/17]

Micheál Martin

Ceist:

88. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality when she discussed the apology from Tusla to a person (details supplied) with her departmental officials; and if she will make a statement on the matter. [8957/17]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 87 and 88 together.

The Deputy will appreciate that I have no ministerial responsibility in relation to TUSLA.

My Department was not consulted about nor informed in advance of the issuing of an apology by TUSLA to the person in question. Accordingly, there were no discussions of the kind referred to by the Deputy in advance of the issuing of an apology.