Written Answers Nos. 117-129
117. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the current and potential future delays in probate registration in County Mayo as a result of the non-replacement of the recently retired probate officer; the plans of the Courts Service for this position; and if she will make a statement on the matter. [9748/17]
Amharc ar fhreagraAs the Deputy is aware, the Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in a number of provincial court offices.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that while a staff member in the Courts Service office in Castlebar has recently retired, local management were aware of the pending retirement and another staff member has been trained in the processing of probate applications in that District Probate Registry. The examination of probate applications requires a thorough legal examination of documents and it takes a new staff member a period of at least six months to acquire a satisfactory knowledge in this area. However, the staff member will be available shortly to commence processing applications and every effort will be made to minimise any delays in the interim.
The Courts Service has also informed me that backlogs in the probate system are a cause for concern and a review of the probate system is being carried out at present. It is anticipated that a report with recommendations for the modernisation of the process will be presented by mid 2017 to the Senior Management Team of the Courts Service and to the Courts Service Board for their consideration.
118. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the date on which officials in her Department were first informed of the existence of a Tusla file regarding a person (details supplied); if her Department was informed of this file’s existence by either Tusla or the Department of Children and Youth Affairs or by another entity; the action taken on foot of receipt of this information; the other Departments or State agencies that were informed regarding the existence of this file; and the date on which such information was provided to same. [9763/17]
Amharc ar fhreagraThe Deputy will appreciate that the Disclosures Tribunal, with Mr Justice Peter Charleton as its Sole Member, has now commenced its work.
Among the matters it has been asked to investigate are:
'the creation, distribution and use by TUSLA of a file containing false allegations of sexual abuse against Sergeant Maurice McCabe...' and contacts between members of An Garda Síochána and, among others, members of the Government, any other State entities, or any relevant person as the Sole Member may deem necessary to carry out his work relevant to this and other matters.
In the circumstances, I am constrained in adding anything to the information which I have already supplied to the House about this matter.
I would, however, make the general point that I have no ministerial responsibility in relation to TUSLA; nor do I or my Department have access to its records. Equally, it would not fall within my remit to take any action in relation to matters which may have arisen within TUSLA in dealing with an individual case.
I can also confirm that prior to the broadcast of a recent Prime Time programme, my Department had no knowledge of the details of any interaction between the Minister or Department of Children and Youth Affairs and the person affected arising from this matter.
119. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality if she will issue a bereavement payment to a family which was provided for by the Remembrance Commission (details supplied); and if she will make a statement on the matter. [9767/17]
Amharc ar fhreagraI can confirm to the Deputy that I received correspondence from the family of the person to whom the Deputy refers. In light of the unique circumstances of this case I asked my Department to review the matter. That process of review has been concluded and I am currently in direct communication with the family concerned in this regard.
120. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she or her officials have recently reviewed a case (details supplied); the circumstances that led to the person's death by a person that was repeatedly on bail and that had numerous convictions involving drugs and alcohol; if she has discussed this with the Taoiseach, who has met the family recently; if the Government is considering a commission of inquiry into the actions that were taken by gardaí in regard to all of the convictions of the person responsible for the death of the person; and if she will make a statement on the matter. [9773/17]
Amharc ar fhreagraThe tragic case to which the Deputy refers was considered under the Independent Review Mechanism (IRM) established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach.
The recommendation made by the IRM in this particular case was that I should take no further action. As Counsel pointed out the appropriate forum for raising matters related to alleged Garda failings was the Garda Síochána Ombudsman Commission (GSOC) who were already investigating certain matters arising from the tragic death in this case. This arises in part from the fact that my predecessor had referred aspects of this particular case to GSOC. I understand that that investigation has not concluded. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint.
When the Taoiseach and I recently met with the family, the Taoiseach assured them that when the GSOC investigation is completed the question of whether, and if so, what further action can be taken, will be considered. That remains the position. I am sure the Deputy will appreciate that in the circumstances it would not be appropriate for me to comment further.
121. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the correct form to be used to apply for naturalisation in the case of a widow of an Irish national that previously had residency permission on the basis of their now deceased husband; the appropriate heading under which such an application should be submitted; and if she will make a statement on the matter. [9774/17]
Amharc ar fhreagraThe appropriate application form for a certificate of naturalisation by a person of full age, including a person in circumstances as outlined by the Deputy, is Form 8.
Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must -
- be of full age
- be of good character
- have had one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a further total residence in the State amounting to four years
- intend in good faith to continue to reside in the State after naturalisation
- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—#
(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the all the statutory requirements. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
Section 16 of the Act provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. There is no right or entitlement to have any of the conditions waived, it is entirely at the Minister's discretion.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
122. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality when the mortgages special court Bill or courts (mortgage arrears) Bill will be published; and if she will make a statement on the matter. [9782/17]
Amharc ar fhreagraI can confirm to the Deputy that the establishment of a dedicated new court to sensitively and expeditiously handle mortgage arrears and other personal insolvency cases continues to be examined by my Department. As the Deputy will be aware, the allocation of judicial resources and the scheduling of court cases is a matter for the Presidents of the courts and the judiciary who are, under the Constitution, independent in the exercise of their judicial functions. The President of the Circuit Court has been very helpful as regards consideration of dedicated new court arrangements for repossessions and the option and implications of the use of pre-existing legislative powers to implement a system of specific court sittings for repossessions at specific venues on specific dates. This is being pursued at present between my Department and the Courts with a view to possible new arrangements for the Easter law term where appropriate and having regard to constitutional constraints.
Furthermore the Government, at its meeting of 6 December 2016, decided to reassign, by appointment, three specialist judges of the Circuit Court as ordinary judges of the Circuit Court to fill three existing vacancies and so there are currently no vacancies in the Circuit Court. The Department is actively involved in discussions, including with the judiciary and Courts Service, as regards what progress can be made on introducing the proposed dedicated arrangements for mortgage arrears cases which I hope to bring to Government for consideration in the near future.
A key element of the commitments in the Programme for Government is, as the Deputy will also be aware, putting in place a national mortgage arrears resolution service and priority was given last year to getting the new national Mortgage Arrears Resolution Service (Abhaile) up and running. The service, which forms part of the Programme for Partnership Government commitments on mortgage arrears, ensures that people who are at risk of losing their home have access to free independent financial and legal advice and assistance. The objective is to help these homeowners to identify and put in place solutions to their mortgage arrears, with priority to helping them remain in their home wherever possible.
On 27 February 2017 a new national information campaign went live, designed to reach out to homeowners in mortgage arrears and further raise awareness of the highly effective Abhaile service. This information campaign wants to ensure that everyone who needs assistance and may be at risk of losing their home is aware that free advice and support is available through the Money Advice and Budgeting Service (MABS) helpline and MABS offices across the country. Homeowners who are at risk of losing their homes due to mortgage arrears, including those facing repossession proceedings, can contact MABS which will provide support and advice. Support available includes in-house dedicated Mortgage Arrears advisers in MABS offices across the country, specifically to assist and negotiate with financial institutions on the borrower's behalf.
MABS can also provide access to free independent financial advice and assistance on personal insolvency and bankruptcy from a personal insolvency practitioner (PIP), and to free independent legal advice from a solicitor, under a 'voucher' system. The advice and assistance is provided by a PIP or solicitor from expert panels, established under the Scheme respectively by the Insolvency Service of Ireland and by the Legal Aid Board. The service also includes free support and assistance at Circuit Court repossession court lists country-wide, with MABS court mentors in attendance to provide help and advice to borrowers attending, and a 'duty solicitor', from a Legal Aid Board panel, to provide legal assistance in court to unrepresented borrowers in repossession proceedings. The scheme also offers legal aid to borrowers seeking the new Personal Insolvency court review under the Personal Insolvency (Amendment) Act 2015. To date some 4,800 individual vouchers have been provided under under Abhaile for free financial or legal advice and assistance on home mortgage arrears since 22 July 2016.
A further key element relates to the power of a court to impose mortgage arrears solutions for those in arrears and it is critical to note that use of the key statutory provision allowing for imposition of debt solutions involving a mortgage, where the solution has been rejected by the creditors, is increasing due to the availability of the Abhaile service since last October. I am referring to the "section 115A" procedure put in place under the 2015 Personal Insolvency legislation which allows the Circuit Court, in defined circumstances, to impose a personal insolvency arrangement (PIA), on application from the debtor, where the proposed arrangement has been rejected by the creditors.
I would also like to point out to the Deputy that early indications, while based on small initial samples, suggest that the new Abhaile service is reaching those most at risk of losing their homes, and particularly the cohort of those who are in mortgage arrears equivalent to 720 days or more. They also suggest that access to free, independent expert help, and to statutory protection against creditor pressure for those who are engaging, is a significant relief for those at risk, and that independent advice is identifying solutions which offer better outcomes for the homeowner, often enabling them to remain in their homes. Representative outcome data for the Abhaile Service is not yet available, but this information is being tracked and collected and full analysis will be available at a later date.
My Department, together with the Department of Social Protection, leads both operational oversight and governance steering groups for the new Abhaile service and its effectiveness and impacts are being closely monitored as part of these processes. Furthermore, my Department continues to pursue the remaining aspects of the Programme for Government commitment, including the identification of any necessary legislation, in consultation with the Office of the Attorney General, bearing in mind constitutional and legal aspects, with a view to further implementation measures in the coming months.
123. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality when the the courts and civil law (miscellaneous provisions) Bill will be published; and if she will make a statement on the matter. [9783/17]
Amharc ar fhreagraWork on the preparation of the General Scheme of a Courts and Civil Law (Miscellaneous Provisions) Bill is at an advanced stage at my Department. It is anticipated that the General Scheme will contain a range of provisions, many of them technical in nature. These are expected to relate to such matters as electronic courts services and some amendments to gaming legislation along with a number of other matters for inclusion in the Bill which are being finalised. I expect to be in a position to bring the General Scheme of the Bill before Cabinet in March for approval both to to publish it and to submit it for detailed drafting to the Office of the Parliamentary Counsel. Once so approved, the full contents of the proposed Courts and Civil Law (Miscellaneous Provisions) Bill will be made publicly available including for pre-legislative scrutiny as may be considered appropriate by the Oireachtas Joint Committee on Justice and Equality.
124. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality when correspondence first sent to her on 28 June 2016 will be replied to; the reason constant acknowledgements are sent when this matter is pursued; and if she will make a statement on the matter. [9870/17]
Amharc ar fhreagraRegrettably, due to an administrative error within my Department this matter was overlooked. The matter is being dealt with and the Deputy will receive a full response before the end of the week.
125. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will request from the Garda authorities the estimated cost of reopening the Garda stations, which remain available, that were closed following the Garda district and station rationalisation programme 2012 and 2013. [9899/17]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the management and distribution of Garda resources, including the development of proposals in relation to the opening and closing of Garda stations, and I, as Minister, have no direct role in the matter.
During 2011 and 2012, as the Deputy will be aware, An Garda Síochána completed a comprehensive review of its district and station network. The objective of this review was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. The review concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand.
As a result, the Garda District and Station Rationalisation Programme was implemented in 2012 and 2013. This was reflected in An Garda Síochána’s Policing Plans for 2012 and 2013 which set out the details of the closure of 39 Garda stations in 2012 and 100 Garda stations in 2013 and the amalgamation of 28 Garda districts to fourteen 14 enlarged Garda districts.
I am advised by the Garda Authorities that Garda Stations which were closed under the Programme were returned to the control of the Office of Public Works and that the future use of those properties is now a matter for that Office.
The Deputy will appreciate that any costs associated with re-opening the properties as functioning Garda Stations would have to be determined by the Office of Public Works following a full technical examination of each property to assess the works required to render the property fully compliant with building regulations and fit for purpose to operate as a Garda Station. In addition, the Garda Authorities would, of course, need to examine the staffing and operational implications of deploying Gardaí to the stations during public office hours, thus diverting Gardaí from front-line duties in the community.
126. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the current supports available to persons released on bail designed to assist them comply with their bail conditions; and if she will make a statement on the matter. [9900/17]
Amharc ar fhreagraIt is not clear from the question if the Deputy has particular situations or categories of persons in mind where a need for supports might arise. If the Deputy has particular concerns, I would be glad to examine the matter further if he provides more specific details.
The Deputy will appreciate that that the operation of the Bail system is a matter for the Courts and I, as Minister, do not have a direct role in this regard.
However, I am advised that there are arrangements in place to assist persons with particular needs who may come before the Courts. In this regard I am advised that psychiatric reports may be provided for the courts regarding issues such as fitness to be tried, the presence or otherwise of mental illness, and treatment arrangements in the event of the imposition of a custodial or non-custodial sanction. Such reports can, in particular, aid the courts in diverting people with mental illness away from prison by ensuring that such persons can access appropriate treatment following the imposition of a non-custodial sanction.
It should be noted that the great majority of these diversions (about 80%) involve voluntary attendance at non-hospital settings, such as out-patient treatment settings.
In these voluntary cases, the court adjourns to allow the person to access such treatment and bail may be granted on this basis. In other cases, a person may be sent to a local approved centre for assessment and possible admission. In such cases, the person may be granted bail or given a non-custodial sanction by the court in order that they may access mental health care in an approved centre.
In relation to young offenders, I understand that a Bail Supervision Scheme has been introduced and this initiative operates under the aegis of my colleague the Minister for Children and Youth Affairs.
127. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the resources allocated to the Irish sentencing information project for each of the past ten years. [9901/17]
Amharc ar fhreagraAs the Deputy is aware, the Irish Sentencing Committee was established by the Courts Service Board and is chaired by the Chief Justice. The Committee oversaw the development of a Sentencing Information website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions.
I very much support this initiative which is supported administratively and funded by the Courts Service from the Courts Vote. The Courts Service has informed me that the total expenditure to date exclusively on the Irish sentencing project is €397,060. This figure includes fees for legal/professional services to the project and expenditure on some ICT support and development. However, further ICT support costs have been incurred but it is not possible to quantify these as they are contained within the total ICT support costs for all Lotus Notes Applications, of which this project is one.
Additionally the Courts Service through its ICT Unit also supported the development of a computer system for the storage of the sentencing data collected and a website which can be accessed by members of the judiciary and the public. The website is a valuable tool not only for members of the judiciary but also for lawyers, researchers, those concerned with the needs of victims and their families as well as members of the public.
Over a period from 2005 to 2009 funding from the Courts Service provided resources for the work of the Committee and enabled the project to retain the services of 9 practising barristers to collect and collate information on sentencing outcomes in a sample number of criminal cases over a defined period of time. When funding from the Courts Service was reduced, the project availed of the services of five interns through the Government JobBridge scheme. The Courts Service has also informed me that currently there are no full time resources working on this project.
I should inform the Deputy that we are currently examining the feasibility of bringing the sentencing information function within the statutory remit of the proposed Judicial Council, the Bill in respect of which is at an advanced stage of drafting.
128. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of persons under 18 years of age currently in prisons here. [9902/17]
Amharc ar fhreagraI am advised by the Irish Prison Service that the number of persons under 18 years of age in Wheatfield place of detention on 28 February 2017 is 4.
129. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to develop a strategy for young adults from 18 to 24 years of age in conflict with the law. [9903/17]
Amharc ar fhreagra131. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to extend Garda youth diversion programmes to young persons aged up to 24 years of age. [9905/17]
Amharc ar fhreagraI propose to take Questions Nos. 129 and 131 together.
As the Deputy will be aware from answers to similar previous questions in 2016, it is stated in the Programme for Government that the Government supports, inter alia, the expansion of Garda Youth Diversion Programmes for young people promoting restorative justice. This commitment follows on from the recommendation of the Penal Policy Review Group that a programme similar to the existing Diversion Programme for persons under eighteen years of age, be introduced for young people above the age of eighteen years, with an initial focus on eighteen to twenty one year olds. The Review Group recommended that the relevant Departments and agencies, including An Garda Síochána, should immediately consult in relation to the most appropriate and effective means of targeting this group within the context of current and future resources.
The Review Group did acknowledge that a Diversion Programme for eighteen to twenty one year olds would have resource implications for An Garda Síochána and the Irish Youth Justice Service. They also recognised that a greater focus on young offenders in this age cohort "would require a level of consultation and cooperation between Departments and agencies, as well as An Garda Síochána, comparable to the existing Diversion Programme". Importantly, the Review Group went on to say that "undoubtedly this would require a level of commitment in terms of resources, finances and cooperation that is undetermined".
Accordingly, the Irish Youth Justice Service continues to engage with An Garda Síochána in relation to the recommendation with a view to scoping out the detailed implications of introducing a Diversion Programme for young offenders over eighteen years of age, focusing in the first instance on offenders aged eighteen to twenty one years. This requires a detailed analysis of the nature and scale of offending by the age cohort concerned in recent years. This is necessary so that there is clarity in relation to the potential numbers that might be amenable to diversion should such a programme be established and operated on the same basis as the existing Programme. It is also essential to establish the potential resource implications for An Garda Síochána, in terms of the number of additional Juvenile Liaison Officers that might be required and the additional workload that would fall to the Director of the Diversion Programme and the Garda Youth Diversion Office. There would also be the potential implications for the Irish Youth Justice Service to be considered should that office's remit be extended, not least in terms of the management and oversight of likely additional expenditure to expand the current network of Garda Youth Diversion Projects to support the operation of a Diversion Programme for the age cohort involved.
As previously indicated, consideration must also be given to the outcome of the ongoing comprehensive review of the existing Diversion Programme which is being undertaken by a Group established by the Garda Commissioner. The outcome of that review will likely inform considerations relating to the establishment of a similar programme for young offenders over eighteen years of age. Other considerations could include how effective such approaches are in other jurisdictions where this age cohort is concerned.
The Deputy will therefore appreciate that while progress is being made in relation to the questions raised, the implications of introducing a diversion strategy for the age cohort concerned requires detailed and careful consideration so that there is full appreciation of its likely impact, both in terms of its effectiveness and on the agencies concerned.
