Written Answers Nos. 103-113
103. Deputy Michael Collins asked the Tánaiste and Minister for Justice and Equality if she will consider increasing the amount allocated for the reasonable living expenses, in particular for rural families for whom costs are higher; if she will consider allowing the cost of a second car to be included for rural families; and if she will make a statement on the matter. [14484/17]
Amharc ar fhreagraThe Deputy is referring to the Personal Insolvency Act 2012, which provides that in deciding what payments could reasonably be made by an insolvent person to their creditors, account must be taken of that person's reasonable living expenses.
Under section 23 of the Act, the Insolvency Service of Ireland (ISI) is required to prepare and issue guidelines on what constitute a reasonable standard of living and reasonable living expenses, taking account of differing personal and household circumstances including the composition of the household, age, health, and any disability. Under the model developed by the ISI, which is based on a budgeting model originally developed in Ireland by the Vincentian Partnership for Social Justice, reasonable living expenses are the expenses a person necessarily incurs in achieving a reasonable standard of living, this being one which meets a person’s physical, psychological and social needs.
Section 23 also provides that the guidelines shall have regard to the need to facilitate social inclusion, and active participation in economic activity, of the person and their dependants. Thus, reasonable living expenses may, for example, include the necessary costs of childcare or of a car which is needed to facilitate participation in economic activity.
Section 23(6) provides for the Guidelines to be reviewed at least annually by the ISI. The most recent Guidelines were published in July 2016 and are currently under review, including as regards the issues raised by the Deputy's question.
104. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 17 of 11 October 2016, the status of the appointing of a probate officer for County Westmeath. [14559/17]
Amharc ar fhreagraAs the Deputy is aware, there are 14 District Probate Registries located outside Dublin which are attached to Circuit Court Offices under the control of County Registrars who also carry out the function of District Probate Registrar. The County Registrar for County Westmeath retired in April 2016 and her duties have been exercised by the County Registrar for Cavan with assistance from other County Registrars in the meantime. However, as the Deputy is also aware, I approved a proposal to fill the County Registrar vacancy and a recruitment competition is being conducted by the Public Appointments Service which I understand will be completed shortly.
105. Deputy Michael Ring asked the Tánaiste and Minister for Justice and Equality if she will ascertain from the Courts Service when the grant of probate will issue in a case (details supplied), in view of the fact the delay is causing undue hardship. [14300/17]
Amharc ar fhreagraThe 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 the application for a Grant of Probate in this estate is being dealt with at present and that, subject to there being no queries in regard to the application, it should issue shortly.
106. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she or her Department have received information on the GSOC report on the death of a person (details supplied); and if she will make a statement on the matter. [14312/17]
Amharc ar fhreagraThe Garda Síochána Ombudsman Commission (GSOC) are investigating certain matters arising from the case referred to by the Deputy. This arises in part from the fact that my predecessor had referred aspects of this particular case to GSOC.
As the Deputy is aware GSOC is an independent statutory body and the manner in which they conduct their investigation is a matter for them. The last update I received indicated that they had concluded their investigation and that they were reviewing the report. We must now await their final determination.
I have advised the House previously that the question of whether, and if so, what, further action can be taken in this tragic case will be fully considered when GSOC's findings are available.
107. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if all Garda divisional areas have a full-time crime prevention officer; and if not, the divisions currently without a crime prevention officer. [14372/17]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions 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.
I am informed by the Garda Commissioner that all members of An Garda Síochána promote crime prevention and reduction and that there are dedicated Crime Prevention Officers (CPOs) within each Garda Division. These CPOs are trained to encourage, promote and advise on crime prevention to both the private and business community. These specially trained officers are skilled at identifying risk factors and advise on what mitigating action can be taken to reduce opportunities to commit crime. A list of these Crime Prevention Officers is available on www.garda.ie.
In addition, a number of general crime prevention leaflets are also available on the Garda website which provide advice on a range of topics from personal to home security.
108. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality if she will clarify the legislation governing the release of results from a Director of Public Prosecutions investigation to a person (details supplied) who was the subject of an investigation; if the findings can be released to this person directly; the procedure for procuring same; and if she will make a statement on the matter. [14402/17]
Amharc ar fhreagraThe Office of the Director of Public Prosecutions is a statutorily independent body operating under the aegis of the Department of the Taoiseach. The Deputy will appreciate that as I have no Ministerial responsibility in relation to the Office of the Director of Public Prosecutions it is not possible for me to provide the information sought.
109. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the details of all provisions of the Assisted Decision-Making (Capacity) Act 2015 which still require a commencement order; if a timeline has been established for these commencement orders; and if she will make a statement on the matter. [14406/17]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties and it is being commenced on a phased basis.
A number of provisions of the Act were commenced in October 2016 in order to progress the setting up of the Decision Support Service. The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act, other than sections 3, 4 and 7 in Part 1 and sections 96 and 102 and Chapter 3 in Part 9, into operation on 17 October 2016. These provisions were brought into operation in order to enable the process of recruitment of the Director of the Decision Support Service (DSS) to begin. The recruitment and appointment of the Director of the DSS, and the appointment of DSS staff, is a matter for the Mental Health Commission (a body under the Department of Health) with the approval of the Minister for Health. My Department does not have any statutory function in relation to the recruitment and appointment of the Director.
The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health. The Minister for Health, under the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2016), brought some provisions of Part 8 of the Act into operation on 17 October 2016. The provisions commenced in Part 8 were the definition of “Minister” in section 82; the definitions of “code of practice” and “working group” in section 91(1); and section 91(2). The commenced provisions provide for the establishment by the Minister for Health of a multi-disciplinary group to advise in relation to codes of practice on advance healthcare directives. The multi-disciplinary group has been set up and work is ongoing on the code of practice on advance healthcare directives.
New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service and this work is ongoing. It is intended that significant progress will be made in 2017 on the implementation of the new decision-making support options provided for in the Act. The remainder of the Assisted Decision-Making (Capacity) Act 2015 will be commenced on a phased basis as these new decision-making support options are being rolled out by the Decision Support Service.
110. Deputy Robert Troy asked the Tánaiste and Minister for Justice and Equality the State recognition there is for religious congregations here; if there are any benefits or schemes for members of religious congregations, for example, a special allowance for full or part-time members of congregations as exists in other European countries; and if she will make a statement on the matter. [14473/17]
Amharc ar fhreagraWhilst I have no ministerial responsibility in relation to the issue raised by the Deputy, I do have ministerial responsibility for the coordination of Ireland's United Nations Human Rights reporting, in the course of which issues in relation to the relationship between church and state are frequently raised and I am answering the Question on that basis.
I refer the Deputy to Article 44.2.2 of the Constitution where the State guarantees not to endow any religion. If the Deputy is interested in the entitlements of members of religious congregations under social welfare legislation, he may wish to put down a specific question in that regard to my colleague the Minister for Social Protection.
111. D'fhiafraigh Deputy Catherine Connolly den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais cén líon iarratas atá ag an Údarás Rialála Carthanas faoi láthair nach bhfuil próiseáil déanta orthu; cén líon iarratas atá á bpróiseáil; agus an ndéanfaidh sí ráiteas ina thaobh. [14475/17]
Amharc ar fhreagra112. D'fhiafraigh Deputy Catherine Connolly den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais cén fad próiseála a bhíonn ar ghnáthiarratas de ghnáth; agus an ndéanfaidh sí ráiteas ina thaobh. [14476/17]
Amharc ar fhreagra113. D'fhiafraigh Deputy Catherine Connolly den an Tánaiste agus Aire Dlí agus Cirt agus Comhionannais an bhfuil aon difríocht idir am próiseála gnáthiarratais Gaeilge agus gnáthiarratais Béarla; agus má tá, cén fáth; cad é an difríocht ama; agus an ndéanfaidh sí ráiteas ina thaobh. [14477/17]
Amharc ar fhreagraI propose to take Questions Nos. 111 to 113, inclusive, together.
Bunfheidhm den Údarás Rialála Carthanas (‘an Rialálaí Carthanas’) is ea clár de na carthanais go léir a oibríonn i bPoblacht na hÉireann a bhunú agus a chothabháil. Ceanglaítear leis an Acht Carthanas, 2009, ar na heagraíochtaí carthanúla go léir a mbíonn gníomhaíochtaí á ndéanamh acu sa Stát bheith cláraithe agus faisnéis áirithe a chur ar fáil don Rialálaí maidir lena n-eagraíocht. Tá dámhachtain stádais charthanúil bunaithe ar an eagraíocht is iarratasóir do chomhlíonadh cheanglais agus chritéir carthanais chláraithe arna leagan amach san Acht Carthanas. Próiséas measúnaithe dian cuimsitheach atá ann.
Tá curtha in iúl dom ag an Rialálaí Carthanas go bhfuair an Rialálaí iarratais tosaigh ó os cionn 1,102 eagraíocht. Tá na hiarratais tosaigh go léir faoi réir a n-athbhreithnithe chun deimhin a dhéanamh de go bhfuil, mar íosmhéid, leorfhaisnéis curtha ar fáil iontu chun gur féidir le cás-oifigeach measúnú a dhéanamh ar an iarratas. Ina dhiaidh sin, eisítear litir chuig gach iarratasóir ina gcuirtear in iúl dóibh na leasuithe is gá a dhéanamh sular féidir iarratas a chur chun cinn.
Tá iarratais ó 470 eagraíocht measta a bheith críochnaithe agus tá 208 dámhachtain nua stádais charthanúil, san iomlán, eisithe. Faoi láthair is 70 lá oibre, nó 3 ½ mí, an mheántréimhse ama óna mheas iarratas a bheith críochnaithe go dtí cinneadh ar stádas carthanúil.
Tá curtha in iúl dom nach bhfuair an Rialálaí, go nuige seo, ach iarratas tosaigh amháin trí Ghaeilge (a cuireadh isteach i Samhain 2016). Tá an Rialálaí tar éis dul i dteagmháil leis an iarratasóir agus ag fanacht ar a thuilleadh faisnéise sular féidir a mheas an t-iarratas a bheith críochnaithe. Ní shíleann an Rialálaí go mbeidh aon difríochtaí suntasacha idir thréimhsí ama próiseála d’iarratais trí Ghaeilge agus d’iarratais trí Bhéarla.
