Written Answers Nos. 713-729
713. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 141 of 4 April 2017, if the report is now available; and if he will make a statement on the matter. [26637/17]
Amharc ar fhreagraThe Deputy is aware that the form C(T)68, to which the Deputy's parliamentary question number 141 of 4 April 2017 referred, is utilised to record collision data and contains information including date, time, weather conditions, numbers and types of injuries, collision numbers and types of vehicles / road user, etc. This information is utilised by An Garda Síochána, the Road Safety Authority, Transport Infrastructure Ireland and local authorities for statistical, collision prevention purposes and research purposes.
The C(T)68 collision report form currently has a field within it to note the number of drivers breathalysed at the scene of a collision. At present, the Dräger Number is not recorded but a change request has been requested by Assistant Commissioner Roads Policing and Major Event/Emergency Management and IT design to ensure that the Dräger Number and reading are captured. This change request will be prioritised and will be implemented as soon as practicable.
714. Deputy Robert Troy asked the Minister for Justice and Equality if the existing valuations will be implemented in view of recommendations to introduce a new mechanism for the commercial valuation system; the timeframe for adjudicating on valuations currently under appeal; when the businesses involved can expect to receive an update; and the timeframe for the businesses involved to receive information regarding same. [26692/17]
Amharc ar fhreagraThe Commissioner of Valuation has responsibility under the Valuation Acts 2001 to 2015 to maintain a valuation list for each Local Authority, of all commercial properties in that Local Authority area, which is used to calculate the rates due from individual ratepayers. Section 9(10) of the Act provides that the Commissioner is independent in the performance of his functions and I as Minister have no function in this regard.
Revaluation is a process where all rateable properties in a Local Authority area are valued periodically by reference to a single valuation date. Following the first revaluation, subsequent revaluations of each rating authority area are then carried out on a cyclical basis no sooner than five years and no later than ten years after the first revaluation (Section 25 of the Valuation Act 2001).
The revaluation provisions in the Valuation Acts provide for the revaluation of all rateable property within a rating authority area so as to reflect changes in value due to economic factors, differential movements in property values or other external factors such as changes in the business environment or infrastructural changes in the vicinity of a property. The Valuation Office is currently engaged in a national revaluation programme, the immediate objective of which is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted across the country, as soon as possible, and on a phased basis. This is a welcome and positive development which is long overdue and on which considerable progress has been made in recent years.
Revaluation is an important instrument in redressing historical anomalies in relation to commercial rates. In fact, the general outcome of the revaluations finalised to date by the Valuation Office has been that about 60% of ratepayers have had their liability for rates reduced following a revaluation and about 40% had an increase, a pattern which is most welcome and is expected to be replicated elsewhere as the programme advances.
The purpose of revaluation is to bring more equity, fairness and transparency into the local authority rating system and to distribute the commercial rates liability across businesses more equitably based on modern circumstances. Following revaluation there is a much closer and uniform relationship between contemporary rental values of property and the commercial rates liability of properties. In essence, the exercise aims to ensure that each ratepayer bears a fair share of the business rates burden relative to the modern rental value of the property that they occupy.
The national revaluation programme currently underway is the first general revaluation of all commercial property in the State since the middle of the 19th century. It is a very significant undertaking and involves the valuation of some 150,000 commercial rateable properties. Completing the first revaluation and getting properties in every Local Authority area onto the 5-10 year cycle of revaluations provided for in the legislation represents a sea-change for the rateable valuation system. The present position is that all rateable properties in the Dublin, Waterford and Limerick local authority areas are now re-valued. In addition, 11 public utilities representing some of the largest ratepayers in the State have been revalued on a global basis. In total, this represents approximately 57% of the national rateable valuation base in monetary value terms or 33% in numerical terms.
Significant progress is being made and the programme has established a momentum which is now being built upon as the current phase of work known as “REVAL 2017” is well underway and scheduled to conclude in September 2017. It covers counties Longford, Leitrim, Roscommon, Westmeath, Kildare, Offaly, Sligo, Carlow and Kilkenny and South Dublin county council area where a second revaluation is also underway in accordance with the previously mentioned section 25 of the 2001 Act.
Proposed Valuation Certificates issued in January 2017 for counties Leitrim, Longford, Roscommon and Westmeath, in March 2017 for counties Kildare, Offaly and Sligo and Proposed Valuation Certificates for Carlow and Kilkenny issued in May 2017.
Additionally, proposed certificates of valuation issued to all ratepayers in the South Dublin County council area in April 2017. While generally, most ratepayers are satisfied with the valuations proposed to be placed on their properties, there is an extensive system of redress available to ratepayers who are dissatisfied with the proposed valuations or with any particular on the certificate relating to their property. In this regard, a dissatisfied ratepayer can make representations to the Valuation Office within 40 days of the date of issue of the certificate. To date approximately 17% of ratepayers have made representations to the Valuation Office. The Valuation Office will consider the representations and may or may not change the proposed valuation depending on the circumstances of each individual property.
A certificate of final valuation will issue to each ratepayer in the aforementioned counties in early September 2017 and new Valuation Lists for each of the ten counties will be published on 15 September 2017. The valuations on those Valuation Lists will be used as the basis for the assessment of rates by the local authority with effect from 1 January 2018. If a ratepayer is still dissatisfied with the valuation on the final certificate which they will receive next September, they will have a right to submit a formal appeal within 28 days to the Valuation Tribunal, which is an independent statutory body established for the purpose of hearing appeals against decisions of the Valuation Office. In accordance with the Valuation (Amendment) Act 2015, the Tribunal shall endeavour to make a decision on an appeal made to it within 6 months from the date of receipt of the appeal.
715. Deputy Jim O'Callaghan asked the Minister for Justice and Equality when all provisions of the Legal Services Regulation Act 2015 will be commenced. [26718/17]
Amharc ar fhreagra886. Deputy Micheál Martin asked the Minister for Justice and Equality the status of the new Legal Services Regulatory Authority; the way in which a person can access the services of the Authority; and if he will make a statement on the matter. [28952/17]
Amharc ar fhreagraI propose to take Questions Nos. 715 and 886 together.
The setting up of the Legal Services Regulatory Authority, whose establishment day the Tánaiste, during her time as Minister for Justice and Equality, had set by Order for 1 October 2016, has been underway since July 2016. At that time, the Tánaiste commenced Parts 1 and 2 of the Legal Services Regulation Act 2015 as necessary to get the new Authority underway, particularly in terms of its nomination and appointment with the necessary motions of approval of the Houses of the Oireachtas. As part of the commencement of Part 2 of the 2015 Act, the Law Society, the Bar Council and the Honorable Society of the King's Inns furnished the Legal Services Regulatory Authority with copies of their professional codes as required within one month of the Authority's establishment under section 23(6)(a). In December 2016 sections 118 to 120 of the 2015 Act were commenced to enable the conduct of public consultations and reports by the new Regulatory Authority within the statutory periods concerned. These relate to Legal Partnerships (between solicitors and barristers or barristers and barristers - solicitors can already operate partnerships), Multi-Disciplinary Practices (where legal practitioners can provide their services together with other non-legal services providers) and certain restrictions on the work of barristers. The Authority, for which initial office accommodation has been provided by my Department along with the secondment of an officer at Assistant Principal level, also appointed an Interim Chief Executive on 1 January 2016. The Authority has met six times since its inaugural meeting on 26 October 2016, with its most recent meeting taking place on 25 May 2017. Funding support of €1 million was provided to the new Authority by my Department in December 2016. This is being done on a strictly recoupable basis as the Authority will be self-funding by levy with a similar allocation available to the Authority under my Department's Vote for this year.
On 31 March 2016, the Regulatory Authority presented respective reports under sections 118 and 119 to the Tánaiste, during her time as Minister for Justice and Equality, and these have been laid before the Houses of the Oireachtas. These reports, which were completed under very tight statutory deadlines, are historical as the first formal outputs of the Authority in the discharge of its legislative functions. On 6 April 2016 the Authority commenced its public consultations process under section 120 of the Act about certain restrictions on the work of barristers - these arise with regard to the holding of clients monies and to the direct provision of services to a client in relation to contentious matters. More recently, the Authority has submitted its first Annual Report which, under the relevant terms of the Act, covers its activities for the quarter since establishment on 1 October to the end of 2016 and this has also been laid before each House of the Oireachtas. The various reports prepared by the Legal Services Regulatory Authority are also available, along with minutes of meetings and other information, on its web page which is under development at www.LSRA.ie and will, I understand, continue to provide information over time as appropriate to the roll-out of its functions. Information will also be made available by my Department in the making of the relevant Commencement Orders under the 2015 Act that will support this process.
Alongside these developments, the working focus right now is on the managed roll-out of the Authority's remaining functions with the matching development of its organisational capacities and office and staffing resources. The preparations for commencement of the 2015 Act include, under Part 10 of the Act, the introduction of a more transparent legal costs regime and the parallel transition, within the courts system, of the Office of the Taxing-Master to that of the Legal Costs Adjudicators; and the establishment by the new Authority of a Roll of Practising Barristers under Part 9; the introduction by the Authority of new regulations for the advertising of legal services under section 218 and the separate introduction, by my Department, of Pre-Action Protocols in medical negligence cases under Part 15 which is to take place soon. Following these steps, the key structural reforms of Part 6 of the Act relating to public complaints, professional conduct and the appointment of the Legal Practitioners Disciplinary Tribunal, will be commenced.
As the Deputy will be aware, the Legal Services Regulatory Authority is currently conducting an independent public recruitment campaign for a long-term Chief Executive. I understand that this process is at a very advanced stage and that its outcome will soon be announced. At the same time, 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 remaining provisions concerned. While it remains the intention that the Legal Services Regulatory Authority will come into substantive regulatory mode in these areas during the latter part of this year and early in 2018, the phased start-up of its various functions will need careful project management and the identification in conjunction with the Authority, of more specific delivery dates for the respective functions involved. This is something I expect to take place, including with the appointment of a new full-time Chief Executive, over the coming weeks.
716. Deputy Mattie McGrath asked the Minister for Justice and Equality the status of the development of a new Garda barracks in Clonmel, County Tipperary; and if he will make a statement on the matter. [26724/17]
Amharc ar fhreagraThe Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works which has responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations and I, as Minister, have no role in these matters.
As the Deputy will be aware, the Garda Building and Refurbishment Programme 2016-2021 includes an extensive programme of upgrades to the Garda station network including the provision of a new District Headquarters in Clonmel by means of a Public Private Partnership. I am advised that the Office of Public Works is progressing the acquisition from Tipperary County Council of a suitable site which forms part of the former Kickham Army Barracks for the new District Headquarters.
717. Deputy Jack Chambers asked the Minister for Justice and Equality the number of applications for naturalisation and citizenship received and processed by his Department in each of the past ten years; the number of applications granted and rejected respectively in each of these years, in tabular form; and if he will make a statement on the matter. [26727/17]
Amharc ar fhreagra718. Deputy Jack Chambers asked the Minister for Justice and Equality the number of applications for citizenship currently being processed by his Department; the number of active applications being processed for more than one, two, three and five years plus; the average waiting time for each application; and if he will make a statement on the matter. [26728/17]
Amharc ar fhreagraI propose to take Questions Nos. 717 and 718 together.
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the retrieval and compilation of the information requested by the Deputy for each of the past ten years would necessitate a disproportionate use of time and resources which could not be justified in circumstances where the priority is to deal with the cases on hand. Information in respect of date of application can, however, be provided for the years 2010 to 2017 to date inclusive and is shown below.
The number of applications for naturalisation received, granted and refused respectively for the years 2010-2017 inclusive is below, it should be noted that decisions in any year may not relate to applications made in the same year :
|
Year |
2010 |
2011 |
2012 |
2013 |
2014 |
2015 |
2016 |
2017 to date |
Total |
|
Applications received |
12,546 |
18,330 |
19,990 |
19,053 |
15,474 |
12,712 |
13,011 |
3,936 |
115,052 |
|
Applications granted |
5,018 |
12,832 |
23,329 |
29,290 |
18,405 |
11,483 |
10,393 |
3,414 |
114,164 |
|
Applications refused |
1,238 |
613 |
407 |
723 |
879 |
492 |
484 |
467 |
5,303 |
The number of applications for naturalisation currently being processed, by year of receipt of application for each of the years 2015 - 2017 inclusive and 2014 and earlier is as follows:
|
Year of application |
2014 and earlier |
2015 |
2016 |
2017 to date |
Total |
|
Applications currently on hand |
554 |
732 |
3,916 |
3,889 |
9,091 |
Over 85% of applications were made either this year or last year. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most straightforward cases are generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time, particularly with regard to establishing whether the statutory conditions for naturalisation as set out in the Irish Nationality and Citizenship Act 1956, as amended, such as good character and lawful residence are satisfied.
In many cases delays can arise as further documentation may be required from the applicant and/or payment of the required certificate fee is awaited, or the applicant has not engaged with the office. In some instances delays can arise at the final stage of the naturalisation process, for example where information comes to light which requires further investigation. In other instances the applicant may request that a hold be put on their application, for example where they may have returned to their country of origin for a prolonged period, to facilitate them in making arrangements to return to reside in the State, or where they have difficulty in obtaining satisfactory evidence of their identity or nationality.
Following a review of outstanding cases carried out in October last year, applicants with outstanding applications are being written to informing them that a time limit is being imposed to pay the requisite certificate fee (which consists the bulk of cases) or to supply documentation which was requested. In cases where no valid reason has been advanced for a delay in fee payment or supply of requested documents, or where the applicant has not responded to correspondence over a lengthy period of time, a further submission may be made recommending the refusal of the application and closure of the case. The completion of this process over time will significantly reduce the number of older cases on hand. Requests for an extension of the deadline have been acceded to in some instances taking account of individual exceptional circumstances.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
719. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the projected cost of implementing the outstanding recommendations from the working group on improvements to the protection process including direct provision and supports to asylum seekers. [26769/17]
Amharc ar fhreagraThe projected costs of implementing the recommendations made by the Working Group on Improvements to the Protection Process including Direct Provision and Supports to Asylum Seekers were examined by the Group's members as part of its deliberative process. The group was mandated to make recommendations on a cost neutral basis over a period of time. The full details on the financial and human resource implications of the recommendations are set out in the Report of the Working Group, which is published on my Department's website.
The Deputy will be aware that the Tánaiste, during her time as Minister for Justice and Equality, published two progress reports on the implementation of the Report's recommendations: in June 2016 and in February of this year. These progress reports set out the status of implementation of all of the recommendations of the Working Group.
Officials in my Department, in consultation with other relevant Government Departments and agencies, are currently undertaking a further analysis of the outstanding recommendations and it is expected that a further and final progress report will be published later this month.
720. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of children in adult prisons; and the projected cost of sending them to age-appropriate units instead. [26777/17]
Amharc ar fhreagraI can advise the Deputy that from 31 March 2017 all 17 year olds are now committed by the Courts to the Children’s Detention Centre at Oberstown, rather than to St. Patrick’s Institution. In practice, up to 31 March all 17 year olds committed to St. Patrick’s Institution were transferred shortly thereafter to a special unit in Wheatfield Place of Detention.
On 12 June 2017 there were five juveniles in Wheatfield Place of Detention. The five 17 year old boys currently in Wheatfield will not transfer to Oberstown but will remain in the adult prison system until they complete their sentence or ‘age out’ – this process is expected to take approximately six months.
721. Deputy Kevin O'Keeffe asked the Minister for Justice and Equality if a full response to Parliamentary Questions Nos. 51, 52, 53 and 56 of 13 April 2017 will issue. [26802/17]
Amharc ar fhreagraI refer to Parliamentary Question (PQ) Nos. 51, 52, 53 and 56 of 13 April 2017. As you will recall, the information requested could not be obtained in the time available and an undertaking was made to contact you again when it was to hand. A response has been received from An Garda Síochána and for clarity each PQ has been detailed along with the answer.
PQ No. 51 of 13 April 2017 in which you asked the number of drivers under Section 29 of the Road Traffic Act 2010 who were not eligible for a specific notice (details supplied).
Details Supplied: For motorists who were not eligible for a fixed penalty notice because they would have a received a similar notice within the previous three years for the years 2012 – 2017 under the following:- 1. Motorists that were apprehended for having more than 50mg of alcohol per 100ml of blood but less than 80mg and were not eligible for a fixed penalty notice because they would have a received a similar notice within the previous three years for the years 2012 – 2017; 2. Motorists who were apprehended for having more than 107 milligrams of alcohol per 100ml of urine but not exceeding 135 milligrammes of alcohol per 100ml; 3. Motorists who were apprehended for having 35 micrograms of alcohol per 100ml of breath but no exceeding 44 micrograms.
I am informed by the Garda authorities that the specific information requested by you in PQ No. 51 of 13 April 2017 is not readily available. The relevant data is not recorded in such a manner as to allow the specific information requested to be extrapolated without the necessity for a manual trawl through each individual incident recorded which would require a disproportionate use of Garda resources.
However, to be of assistance, the Garda authorities have provided the information in Table 1.a and Table 1.b in Appendix 1 which details the total number of Fixed Charge Notices (FCNs) issued to motorists (classified under the Act as 'Specified' and 'Non-Specified') for the offence of driving under the influence (of an intoxicant) and the current status of those FCNs each year including 2017, valid to 6 June 2017.
PQ No. 52 of 13 April 2017 in which you asked the number of fines or fixed penalty notices that were issued to motorists, in tabular form (details supplied).'
Details Supplied: Motorists who were apprehended for having 35 Microgrammes of alcohol per 100 millilitres of breath but not exceeding 44 microgrammes of alcohol per 100 millilitres of breath for the years 2012 to 2017 to date.
I am informed by the Garda authorities that the table at Appendix 2 details the number of all FCNs issued to motorists who were detained for the offence of 'driving under the influence' (of an intoxicant) and who provided a breath sample the result of which indicated a presence of alcohol between 36 microgrammes - 44 microgrammes per 100mls of breath, for the period 2012 - 2017, valid to 6 June 2017.
PQ No. 53 of 13 April 2017 in which you asked the number of fines or fixed penalty notices that were issued to motorists, in tabular form (details supplied).'
Details Supplied: Motorists who were apprehended for having more [than] 107 milligrams of alcohol per 100 ml of urine but not exceeding 135 milligrammes of alcohol per 100 millilitres of urine for the years 2012 -2017 to date under Section 29 of the Road Traffic Act 2010.
I am informed by the Garda authorities that the table at Appendix 3 details the number of all FCNs issued to motorists who were detained for the offence of 'driving under the influence' (of an intoxicant) and who provided a urine sample the result of which indicated a presence of alcohol between 108mgs - 135mgs per 100mls of urine, for the period 2012 - 2017, valid to 6 June 2017.
PQ No. 56 of 13 April 2017 in which you asked the number of fines or fixed penalty notices (details supplied) that were issued to motorists, in tabular form.
Details Supplied: Motorists who were apprehended for having more than 50mg of alcohol per 100ml of blood but less than 80mg for the years 2012 – 2017 to date under Section 29 of The Road Traffic Act 2010
I am informed by the Garda authorities that the table at Appendix 4 details the number of all FCNs issued to motorists who were detained for the offence of 'driving under the influence' (of an intoxicant) and who provided a blood sample, the result of which indicated a presence of alcohol between 51mgs - 80mgs per 100ml of blood for the period 2012 -2017, valid to 6 June 2017.
An Garda Síochána have also provided the table at Appendix 5, which details the corresponding intoxicant level for each sample type for each classification of motorists (classified under the Act as 'Specified' and 'Non-Specified') for the offence of driving under the influence (of an intoxicant).
All figures provided are provisional, operational and liable to change and valid to 6 June 2017.
APPENDIX 1
TABLE 1.a
The total number of Fixed Charge Notices (FCNs) issued to motorists (classified under the Act as 'Specified' and 'Non-Specified') for the offence of driving under the influence (of an intoxicant) for each year including 2017, valid to 6 June 2017*.
|
Specified Drivers (€200 fixed charge + 3 months disqualification) |
Non-Specified Drivers (€200 fixed charge + 3 Penalty Points) |
Non-Specified Drivers (€400 fixed charge + 6 months disqualification) |
|
|
2012 |
304 |
650 |
370 |
|
2013 |
187 |
531 |
356 |
|
2014 |
225 |
563 |
339 |
|
2015 |
163 |
501 |
315 |
|
2016 |
252 |
622 |
390 |
|
2017 (6 June 2017) |
75 |
275 |
140 |
|
Total |
1,206 |
3,142 |
1,910 |
*Data provided is provisional, operational and liable to change and valid to 6 June 2017
TABLE 1.b
The current status of those Fixed Charge Notices (FCNs) detailed in Table 1.a for each year including 2017, valid to 6 June 2017*.
|
Specified Drivers (€200 fixed charge + 3 months disqualification) |
Non-Specified Drivers (€200 fixed charge + 3 Penalty Points) |
Non-Specified Drivers (€400 fixed charge + 6 months disqualification) |
|
|
Total |
1,206 |
3,142 |
1,910 |
|
Paid |
832 |
2,564 |
1,426 |
|
Summons |
311 |
451 |
401 |
|
Terminated |
42 |
64 |
46 |
|
Still within Payment Time Frame |
16 |
55 |
31 |
|
Statute Barred |
4 |
4 |
2 |
|
Other |
1 |
4 |
4 |
|
Payment Rate |
69% |
82% |
75% |
*Data provided is provisional, operational and liable to change and valid to 6 June 2017
APPENDIX 2
The number of all Fixed Charge Notices (FCNs) issued to motorists who were detained for the offence of 'driving under the influence' (of an intoxicant) and who provided a breath sample the result of which indicated a presence of alcohol between 36 microgrammes - 44 microgrammes per 100mls of breath, for the period 2012 - 2017*.
|
Drive / Attempt to Drive a mechanically propelled vehicle while exceeding alcohol limit (Br) (36 -44) |
In Charge of a mechanically propelled vehicle while exceeding alcohol limit (Br) (36 -44) |
|
|
2012 |
265 |
23 |
|
2013 |
261 |
20 |
|
2014 |
264 |
16 |
|
2015 |
229 |
28 |
|
2016 |
316 |
20 |
|
2017 (6 June 2017) |
114 |
4 |
*Data provided is provisional, operational and liable to change and valid to 6 June 2017
APPENDIX 3
The number of all Fixed Charge Notices (FCNS) issued to motorists who were detained for the offence of 'driving under the influence' (of an intoxicant) and who provided a urine sample the result of which indicated a presence of alcohol between 108mgs - 135mgs per 100mls of urine, for the period 2012 - 2017*.
|
Drive/Attempt to Drive a mechanically propelled vehicle while exceeding alcohol limit (U) (108 - 135) |
In Charge of a mechanically propelled vehicle while exceeding alcohol limit (U) (108 - 135) |
|
|
2012 |
40 |
3 |
|
2013 |
33 |
2 |
|
2014 |
22 |
4 |
|
2015 |
26 |
7 |
|
2016 |
22 |
2 |
|
2017 (6 June 2017) |
10 |
3 |
*Data provided is provisional, operational and liable to change and valid to 6 June 2017
APPENDIX 4
The number of all Fixed Charge Notices (FCNs) issued to motorists who were detained for the offence of 'driving under the influence' (of an intoxicant) and who provided a blood sample, the result of which indicated a presence of alcohol between 51mgs - 80mgs per 100ml of blood for the period 2012 - 2017*.
|
Drive / Attempt to Drive a mechanically propelled vehicle while exceeding alcohol limit (B) (51 - 80) |
In Charge of a mechanically propelled vehicle while exceeding alcohol limit (B) (51 - 80) |
|
|
2012 |
90 |
5 |
|
2013 |
53 |
3 |
|
2014 |
33 |
5 |
|
2015 |
50 |
4 |
|
2016 |
56 |
4 |
|
2017 (6 June 2017) |
22 |
2 |
*Data provided is provisional, operational and liable to change and valid to 6 June 2017
APPENDIX 5
Corresponding intoxicant level for each sample type for each classification of motorists (classified under the Act as 'Specified' and 'Non-Specified') for the offence of driving under the influence (of an intoxicant).
|
Sample Type |
Specified (€200 Fixed Charge + 3 Months Disqualification) |
Non-Specified (€200 Fixed Charge + 3 Penalty Points) |
Non-Specified (€400 Fixed Charge + 6 Months Disqualification) |
|
Blood (B) |
20mgs - 80mgs per 100ml blood |
51mgs - 80mgs per 100ml blood |
81mgs - 100mgs per 100ml blood |
|
Urine (U) |
28mgs - 107mgs per 100ml urine |
68mgs - 107mgs per 100ml urine |
108mgs - 135mgs per 100ml urine |
|
Breath (Br) |
10 microgrammes - 35 microgrammes per 100ml breath |
23 microgrammes - 35 microgrammes per 100ml breath |
36 microgrammes - 44 microgrammes per 100ml breath |
722. Deputy David Cullinane asked the Minister for Justice and Equality if his attention has been drawn to an investigation by an organisation involving a dispute between a person (details supplied) and a company, that the organisation cleared the person in their findings and that the person received moneys due from the company but is unable to claim for legal fees; if his Department has received representations; and if he will make a statement on the matter. [26812/17]
Amharc ar fhreagraI can confirm that the Department of Justice and Equality has been in receipt of representations from the person's legal representatives and these representations have received a response.
In accordance with the Betting Act 1931 (as amended), the sole sanction available to the Minister for Justice and Equality, in cases such as that highlighted, is revocation of an operator's licence. The view taken was that this sanction was not warranted in this particular instance.
The current law, in section 36 of the Gaming and Lotteries Act 1956 provides that gaming and wagering contracts are void and no action shall lie for the recovery of money alleged to have been won or lost. This is a long standing provision of public policy and has recently been upheld by our courts.
The General Scheme of the Gambling Control Bill in 2013 proposed the ending of the centuries old ban on legal enforcement of gambling debts.
However, I am of the view that this matter would bear significant further consideration both by the Government and by the Oireachtas. This consideration would have to include: the conditions on how gambling debts might be made enforceable by our courts, would it apply only to regulated and licensed forms of gambling and the potential impact of, for example, applying standard commercial practices, consumer protection or the provision of credit.
The General Scheme also contains provisions dealing with the imposition of administrative sanctions against gambling operators in appropriate circumstances.
It remains the intention to proceed with this legislation at the earliest possible opportunity.
723. Deputy David Cullinane asked the Minister for Justice and Equality if his attention has been drawn to the case of a person (details supplied) who arrived here in May 2008 and is unable to obtain a passport; and if he will make a statement on the matter. [26816/17]
Amharc ar fhreagraThe issuing of Irish passports is a matter for the Department of Foreign Affairs and Trade and is based on the person being an Irish citizen. The granting of Irish citizenship through the naturalisation process is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process.
Applicants for a certificate of naturalisation are required, amongst other things, to provide satisfactory evidence of their identity and nationality in the form of a currently valid passport, and may include other original supporting documents, such as a birth certificate and marriage certificate. In rare circumstances where an applicant cannot produce their passport or other supporting documents the applicant will be required to provide a full explanation. Such explanations should be supported by satisfactory evidence that they have attempted to obtain such documentation and correspondence from the relevant authorities responsible for the issuing of passports in their country, clearly stating the reasons the documentation cannot be provided. INIS will consider the reasons given and, if satisfied it is for reasons genuinely beyond the applicant's control, may consider alternative means to assist in establishing identity and nationality.
An application for naturalisation from the person referred to by the Deputy was deemed ineligible for reasons stated in a letter issued to their legal representative on 30 January 2017. The fact that a person may have had an application refused does not however preclude or disqualify them from submitting a fresh application in the future. When considering making such a re-application, due regard should be given to the reasons for the refusal which were contained in the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.
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 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 INIS is, in the Deputy's view, inadequate or too long awaited.
724. Deputy Paul Kehoe asked the Minister for Justice and Equality his plans to review the age limits for applications to An Garda Síochána; and if he will make a statement on the matter. [26833/17]
Amharc ar fhreagraAs the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 and the recruitment and training of An Garda Síochána is a matter for the Garda Commissioner, and I as Minister have no direct role in the matter.
Recruitment competitions for full time members of An Garda Síochána are open to all who meet the eligibility criteria set out in the Garda Síochána (Admissions and Appointments) Regulations 2013.
Regulation 4 (a) specifies that the age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years.
This upper age limit of 35 was set having regard to equality legislation and also took into account the following criteria:
(1) the cost of training and the need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost,
(2) the operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on members in the course of their duty.
There are currently no plans to review this Regulation.
725. Deputy Catherine Murphy asked the Minister for Justice and Equality the amount expended by his Department to a company (details supplied) and other public relations firms used by his Department in each of the years 2015 and 2016 and to date in 2017; and if he will make a statement on the matter. [26856/17]
Amharc ar fhreagraAmounts expended under my Department's Vote to the named company and similar companies, with the services provided, in each of the years 2015, 2016 and to date in 2017 are set out in the table:
|
2015 |
2016 |
2017 |
|
|
Training |
€756 |
Nil |
Nil |
|
Strategy Development |
Nil |
€24,221 |
Nil |
|
Conference Facilitation |
Nil |
€1,450 |
Nil |
It is my Department's policy to use in-house resources as much as possible and to restrict the use of external support to a minimum.
726. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 88 of 24 May 2017, the number of these road traffic collisions that resulted in a fatality, a serious injury and an injury, respectively; if this report is now to hand; and if he will make a statement on the matter. [26869/17]
Amharc ar fhreagraI have requested a report from the Garda authorities in relation to the matters referred to in the Deputy's questions and I will contact the Deputy directly upon receipt of a Garda report.
727. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question Nos 88 and 89 of 24 May 2017, if the road traffic collision rate is higher for those driving with chief's permission for those years; and if he will make a statement on the matter. [26870/17]
Amharc ar fhreagraI am informed by the Garda authorities that the table below details the total number of accidents involving members of An Garda Síochána and the number of road traffic collisions involving members driving on Chief's Permission from 2013 to 2016. I am advised by An Garda Síochána that the figures prior to 2013 are not available.
|
Year |
Overall Number of Accidents involving members of An Garda Síochána |
Number of Accidents involving members of An Garda Síochána driving on Chief's Permission |
|
2013 |
598 |
118 |
|
2014 |
613 |
114 |
|
2015 |
682 |
75 |
|
2016 |
602 |
54 |
728. Deputy Catherine Murphy asked the Minister for Justice and Equality the criteria and process used in the selection of suitable persons to be appointed as a revenue sheriff; and if he will make a statement on the matter. [26880/17]
Amharc ar fhreagraOn receipt of sanction from the Department of Public Expenditure and Reform in respect of the appointment of a Revenue Sheriff a recruitment process is initiated by the Public Appointments Service.
The statutory qualification requirements are set out in Section 12(5) of the Court Officers Act 1945. The essential qualifications for persons applying for appointment to the position of Revenue Sheriff are as follows -
- Candidates must, on the latest date for receiving completed application forms for the office:
- have practised as a barrister for a period of not less than 5 years;
or
- have practised as a solicitor for a period of not less than 5 years;
or
- have acted as managing clerk or principal assistant to a sheriff for a period of not less than 5 years.
Candidates must also:
- hold a current Tax Clearance Certificate;
- demonstrate a comprehensive knowledge of all the legal documentation, legal systems, processes and procedures involved in the operation of the Sheriff’s Office;
- have at least three years experience/expertise in the area of debt recovery;
- produce evidence that, on appointment as sheriff, he or she will give security to such amount and in such manner as the Minister for Justice and Equality shall direct for the due performance of his or her duties;
- demonstrate that he or she has the necessary technological capability to ensure that his or her computer system can meet in full the requirements of the “Sheriff Enforcement Referral System”. (A copy of the detailed specification is available on request.);
- undertake to signing up, on appointment as sheriff, to the terms of the Agreement that is in place between the Revenue Commissioners and the sheriffs in relation to operational issues relating to the collection of Revenue debts. (A copy of the Agreement is available on request.);
- be responsible for providing his or her own office accommodation;
- demonstrate capacity and capability to acquire in a timely fashion specialist legal advice/support in matters of a particularly complex nature.
In addition, the following skills are desirable -
- A comprehensive understanding of Revenue enforcement procedures;
- The ability to work and interact effectively and efficiently with both the public and private sectors and in particular with the Department of Justice and Equality and the Revenue Commissioners;
- Ability to operate on a self-employed basis in a highly regulated business and legal environment and be committed to the high standards of personal and business integrity expected of Sheriffs;
- Ability to employ, manage and direct a management and office team;
- Ability to exercise independent judgment in arriving at decisions;
- Appropriate numerical and computer skills;
- Excellent communication and interpersonal skills;
- Initiative and commitment to task;
- Experience of the implementation of quality assurance processes in support of the delivery of efficient cost effective services in the area of debt collection and recovery.
Following a shortlisting process and competitive interview the names of candidates recommended as suitable for appointment are forwarded by the Public Appointments Service for consideration by the Minister for Justice and Equality and for appointment by Government.
