Written Answers Nos 730-749
730. Deputy Micheál Martin asked the Minister for Justice and Equality the responsibility that his Department and-or the operators of direct provision centres have in respect of providing transport in circumstances in which no public service operates for residents of these centres specifically in relation to their heath and education needs; and if he will make a statement on the matter. [26924/17]
Amharc ar fhreagraThe provision of transport services for residents at each accommodation centre is determined by the location of that centre and the particular needs of the residents including school going children and other exceptional requirements. For example, contracts for accommodation centres located outside of urban areas include a specific provision that transport to and from that urban area must be provided as part of that contract to cater for the reasonable needs of residents. School going children are provided with transport services operated by Bus Éireann on behalf the Department of Education & Skills on exactly the same basis as the other school going children. Residents who are required to travel for appointments in relation to their application for international protection or for medical services may apply to the CWO for an Exceptional Needs Payments (ENPs) on production of proof of appointment. In exceptional cases, transport may be provided by the accommodation manager to meet emergency needs on an individual case-by-case basis.
731. Deputy Clare Daly asked the Minister for Justice and Equality if the gardaí that were on duty at Shannon Airport on 25 April 2017 took steps to ascertain if two aircraft (details supplied) were fully in compliance with conditions related to permission to land in view of the fact that these two aircraft were en route from a US airbase in the USA to a war zone in the Middle East when they were refuelled; and if he will make a statement on the matter. [26942/17]
Amharc ar fhreagra829. Deputy Clare Daly asked the Minister for Justice and Equality the statistics for members of An Garda Síochána or airport police entering aircraft to verify that no renditions were taking place in accordance with our obligations under UNCAT in each of the years 2002 to 2016 and to date in 2017. [28181/17]
Amharc ar fhreagraI propose to take Questions Nos. 731 and 829 together.
As the Deputy will be aware, the general position in respect of the powers of search available to An Garda Síochána in respect of aircraft have been set out for the House on many occasions previously. An Garda Síochána has statutory powers of search and entry available to it under various legislative provisions and these apply to civil aircraft as much as to any other type of private property. However, these powers may only be exercised in circumstances where a member of An Garda Síochána reasonably suspects that an offence has been or is being committed. Of course, these powers must at all times be exercised in accordance with law.
In accordance with international practice, foreign military aircraft which are granted permission to land in Ireland are not subject to inspection. Sovereign immunity, a long-standing principle of customary international law, means that a State may not exercise its jurisdiction in respect of another State or its property, including State or military aircraft.
In respect of the statistical information sought by the Deputy, which covers a very wide time frame, I have sought a report from the Garda Authorities and I will correspond directly with the Deputy when the information is to hand.
732. Deputy Bríd Smith asked the Minister for Justice and Equality further to Parliamentary Question No. 378 of 23 May 2017, if he will provide the figures for all pension contributions made by public sector workers in each body under the aegis of his Department, excluding those in the Civil Service, including the pension levy, in each of the years 2010 to 2016 and to date in 2017. [26976/17]
Amharc ar fhreagraI have requested that each of the bodies and agencies under the aegis of my department provide the information requested directly to the Deputy.
733. Deputy Peadar Tóibín asked the Minister for Justice and Equality the reason the new national disability strategy has not been implemented to date. [26998/17]
Amharc ar fhreagraIn mid 2015, following the expiry of the previous implementation plan, the Department of Justice and Equality embarked on a consultation process with all relevant stakeholders, with a view to putting a new National Disability Inclusion Strategy in place. The broad and comprehensive consultation process included three rounds of public consultations during which disability organisations, service providers and individuals with a lived experience of disability had an opportunity to provide detailed input, feedback and suggestions into the Strategy. The process concluded at the end of 2016, and while getting to this point has taken longer than we had hoped, the Strategy will be launched imminently, following the Government Decision of 30 May 2017 to approve publication. The Strategy will run from 2017 - 2021, and takes a whole of Government approach to improving the lives of people with disabilities both in a practical sense, and also in creating the best possible opportunities for people with disabilities to fulfil their potential. It is intended to make a significant difference over its lifetime to the position of people with disabilities in Irish society.
734. Deputy Catherine Martin asked the Minister for Justice and Equality further to Parliamentary Question No. 80 of 22 February 2017, if he has received the report on Garda stations; if so, his plans to identify the six Garda stations committed for reopening in the programme for partnership Government; and if he will make a statement on the matter. [27036/17]
Amharc ar fhreagra898. Deputy Jim O'Callaghan asked the Minister for Justice and Equality further to the announcement of the reopening of Stepaside Garda station, the way this station was selected before the full interim report was published; if the Garda Commissioner was requested or contacted to allow this particular Garda station to be announced on 13 June 2017; and if he will make a statement on the matter. [29009/17]
Amharc ar fhreagra909. Deputy Josepha Madigan asked the Minister for Justice and Equality further to the announcement that Stepaside Garda station will be reopened on a trial basis, the date on which it is expected to be operational. [28915/17]
Amharc ar fhreagraI propose to take Questions Nos. 734, 898 and 909 together.
The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, and I as Minister have no role in the matter.
As the Deputy will be aware, the Garda Síochána District and Station Rationalisation Programme gave rise to the closure of some 139 Garda stations, including Stepaside Garda station, in 2012 and 2013, following the completion by An Garda Síochána of a comprehensive review of its district and station network. That review was undertaken with the objective of identifying opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. I have been advised by the Garda authorities that the closures have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion, particularly with regard to targeted police operations.
The Programme for Government commits the Government to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. A cornerstone of this commitment is the Government plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. Revisiting the decisions made to close Garda stations is also part of that commitment.
In this context, the Government on 24 June 2016 authorised the then Minister to request the Garda Commissioner, while fully cognisant of her statutory functions, 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. The pilot will feed into the wider review being undertaken 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.
The Commissioner submitted a first Interim Report on 6 March 2017, which set out a timeline for completion of the exercise, including the delivery of a final report in May/June 2017. On 9 June 2017 a second Interim Report was submitted, in which the Commissioner indicated that she will be submitting her Final Report at the end of this month. In the most recent Interim Report, the Commissioner, having analysed population and crime trends, and taking account of the availability of stations for reuse, makes a number of recommendations including that Stepaside Station in Co. Dublin be reopened on a pilot basis. subject to the necessary consultation with the Office of Public Works. In the latest report, the Commissioner, having analysed population and crime trends, and taking account of the availability of Stations for reuse, makes a number of other recommendations including that if the Government decides to reopen two Stations in Dublin, that Rush Station in north Co. Dublin be reopened. However the Commissioner requests that a decision on Rush be deferred until her final report is received to allow time for further analysis to be carried out. The Commissioner has also indicated that she is likely, subject to further analysis, to recommend the reopening of Leighlinbridge Station in Co. Carlow and Donard Station in Co. Wicklow, in her final report. The Commissioner has also highlighted the need to develop new stations to meet identified policing requirements at Dublin Airport and at Dublin Port. At its meeting on 13 June the Government agreed to note the key recommendations in the Commissioner’s report and to agree, in principle, to the reopening of Stepaside Garda Station on a pilot basis as soon as any necessary preparatory works have been completed and that the decision to reopen Rush, Leighlinbridge and Donard Stations will be taken when the final report is received from the Commissioner at the end of June.
The Policing Authority has commissioned the Garda Síochána Inspectorate, on foot of a request from the former Minister, to review the dispersement of Garda Stations in the State and the boundaries of Garda Districts. This review is on-going and a report is expected later this year.
735. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of gardaí at each Garda station at the latest date for which figures are available; and the way in which this compares with the same or similar date 12 months previously in tabular form. [27049/17]
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 on 30 April 2017, the latest date for which figures are currently available, the strength of An Garda Síochána was 13,156 and on 30 April 2016 the strength was 12,825.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that another 600 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
I have received the information requested by the Deputy from the Commissioner set out in spreadsheets which I will forward directly to the Deputy.
736. Deputy Pearse Doherty asked the Minister for Justice and Equality the type of services that the vouchers granted under the Abhaile scheme entitle a person to; and if he will make a statement on the matter. [27060/17]
Amharc ar fhreagraA range of free, independent, professional advice services is available from the Money Advice and Budgeting Service (MABS) under Abhaile, to a person who is insolvent and at risk of losing their home due to mortgage arrears. These include:
- financial advice and assistance from a personal insolvency practitioner (the ‘PIP Service’),
- legal advice and assistance from a solicitor (the ‘Consultation Solicitor Service’),
- help for an unrepresented borrower from a duty solicitor (the ‘Duty Solicitor Service’), and
- legal aid for seeking court review under section 115A of the Personal Insolvency Acts, where creditors have refused a reasonable personal insolvency proposal including mortgage arrears on the borrower’s home (‘the Personal Insolvency Court Review Service’).
It is expected also to offer a financial advice service provided by a panel of accountants (the ‘Accountant Service’).
These professional advice services link with those provided directly by MABS staff, as part of Abhaile - such as financial advice and assistance from a MABS Dedicated Mortgage Arrears adviser, and non-legal information and support at repossession proceedings (the Court Mentor Service).
MABS acts as the gateway to State supports under Abhaile, and will direct the borrower to the services which are relevant to their individual situation.
The services which are provided, based on a ‘voucher’ system, are the PIP Service, the Consultation Solicitor Service, and the Accountant Service. This is to facilitate the borrower being able to choose a professional to advise them, from the panels of experts set up under Abhaile to provide such advice. The Duty Solicitor Service and the Personal Insolvency Court Review Service are structured differently, due to the more specific nature of those services.
The PIP Service includes: a personal consultation with the borrower, obtaining the relevant information on their income, assets and liabilities, preparation of a detailed Prescribed Financial Statement in accordance with s. 50 of the Personal Insolvency Acts, assessment of the borrower's individual financial situation, advising the borrower in accordance with the PIP’s detailed obligations under s. 52 of the Personal Insolvency Acts on the range of options available to resolve their financial difficulties and on the best options available in their individual circumstances (with priority to keeping the borrower in their home), and confirming that advice to the borrower in writing.
The Consultation Solicitor Service includes: consideration of the detailed financial analysis and advice provided by the financial adviser (the personal insolvency practitioner, MABS Dedicated Mortgage Arrears adviser or accountant), a personal consultation with the borrower, provision of independent legal advice on their legal situation, and confirmation of that advice in writing. The advice covers any legal aspects of options identified to resolve their financial difficulties, resolution of any related legal complications, and (where the borrower is facing repossession proceedings) advice on those proceedings – as set out in further detail in reply to the Deputy’s question no. 27063/17.
The Personal Insolvency Court Review service provides civil legal aid to take proceedings to have a personal insolvency arrangement come into force notwithstanding that it has not been approved by a majority of creditors at a creditors meeting or by the sole creditor. It is only available where the application satisfies the “merits” and other criteria laid down in the Civil Legal Aid Act 1995, although the applicant does not have to satisfy the financial eligibility criteria or pay a contribution towards the service. Applications for this service are made to the Legal Aid Board and not to MABS with the proviso that the person applying for legal aid must already have been admitted to the Abhaile scheme by MABS.
In the period 22 July 2016-9 June 2017, Abhaile has already provided borrowers at risk of losing their homes with 5,632 vouchers for financial advice and assistance, and with 1581 vouchers for legal advice and assistance from a consultation solicitor. Legal aid has been approved for 172 personal insolvency court reviews over the same period. These figures cover a total of 4,345 homes.
In addition, in the period 22 July -30 April 2017 (latest data available), a duty solicitor service was provided at 313 Circuit Court repossession lists before the Country Registrar, to assist unrepresented borrowers facing repossession proceedings.
737. Deputy Pearse Doherty asked the Minister for Justice and Equality the controls in place to ensure a personal insolvency practitioner in receipt of a voucher under the Abhaile scheme considers all options for a person; and if he will make a statement on the matter. [27061/17]
Amharc ar fhreagra738. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of times a personal insolvency practitioner in receipt of a voucher under the Abhaile scheme has suggested personal insolvency as the next step for a person; if he will provide this number as a percentage of the number of recommendations from PIPS under the scheme; and if he will make a statement on the matter. [27062/17]
Amharc ar fhreagraI propose to take Questions Nos. 737 and 738 together.
Based on that analysis, the PIP must then have regard to all the matters listed in detail in section 52(3) of the Acts, and must advise the borrower on all the options and issues listed in detail in section 52(1) and 52(2). These options expressly include, but are not restricted to, a Personal Insolvency Arrangement (PIA), a Debt Settlement Arrangement, informal negotiation with creditors to vary the terms of the debt, and bankruptcy. The PIP is also required, both under s. 52(4) and under AbA Personal Insolvency Practitioner (PIP), who is advising an insolvent homeowner at risk of losing their home due to mortgage arrears under the Abhaile service, is legally required to advise the borrower of all options available to him or her to address their financial difficulties. The advice must be based on a detailed analysis of their individual financial circumstances, and of the effect of each available option. The statutory obligations are set out in considerable detail in sections 50 and 52 of the Personal Insolvency Acts 2012-2015. PIPs are trained, regulated and supervised by the Insolvency Service of Ireland regarding compliance with their statutory professional obligations.
The borrower contacts the Money Advice and Budgeting Service (MABS) – either directly or through a PIP - to obtain a financial advice voucher under Abhaile. The borrower then has a preliminary consultation with the PIP, who will assess the borrower’s suitability for the range of mortgage resolutions. The PIP will ask the borrower to provide full information (mortgage statements, bank statements, credit card statements, pay slips or self-employed accounts, etc.) from which the PIP can prepare a Prescribed Financial Statement (PFS). The PFS is a full analysis of the borrower’s individual financial situation, following the detailed requirements set out in s. 50 of the Personal Insolvency Acts.
Abhaile confirms advices in writing to the borrower – this enables the latter to consider fully the different options.
The advices provided by PIPs are tracked and monitored under Abhaile. Of borrowers referred to PIPs for financial advice and assistance under Abhaile in the period 22 July 2016 to end of Q1/2017, after financial analysis and advice the best option recommended was as follows:
- a Protective Certificate (the first step in applying for a Personal Insolvency Arrangement): 55%
- informal restructure with lender or other alternative solution: 38%
- bankruptcy (in such case the PIP will provide, as part of the Abhaile service, the certificate required by the bankruptcy judge): 6%
- other referral back to MABS: 1%.
If the PIP advises that the borrower’s individual situation cannot be resolved with his or her assistance – whether by means of a Personal Insolvency Arrangement or otherwise - he or she may refer the borrower back under Abhaile to a Dedicated Mortgage Arrears adviser with MABS, who can explore and assist with alternative options. In such case, the PIP provides the MABS financial adviser with the PFS and written advice that he or she has already prepared.
The outcomes of PIP advice are also tracked under Abhaile, but they can take some further weeks to complete. If the PIP forms the view, based on the PFS, that the borrower is a suitable candidate for a PIA, then the PIP will (if so instructed by the borrower) apply for a Protective Certificate, which usually lasts 70 days. During this 70-day period, the PIP will endeavour to put in place a PIA that has sufficient creditor support to enable the Courts to approve it. Should the creditors refuse a PIA proposal which the PIP considers is overall fair and reasonable to all parties, Abhaile can also provide legal aid for the borrower to seek independent review by the Courts of the refusal, under s. 115A of the Personal Insolvency Acts.
The outcomes (as of May 2017) of cases where PIPs advised borrowers under Abhaile between 22 July and 30 September 2016 and where the PIP recommended seeking a Protective Certificate, are as follows:
- Personal Insolvency Arrangement now in place for borrower: 19%
- Protective Certificate in force for borrower: 47% (where the 70-day period has expired, this indicates that it has been extended for a limited period by the Court based on ongoing work by the PIP)
- Preparation of Protective Certificate by PIP: 18%
- Application for Protective Certificate not made or withdrawn - total 16% (this may arise if the borrower does not wish to proceed as advised by the PIP, who cannot make the application unless expressly so instructed by the borrower).
PIPs are paid on a quarterly basis in arrears for provision of services under Abhaile financial advice vouchers, subject to compliance with the above requirements. For example, PIPs submitted claims in October 2016 for services provided in Quarter 3/2016, and were paid for duly vouched claims in November 2016. It should be noted that the full process - from voucher issue, to provision of voucher services, to issue of a Protective Certificate (PC) under sections 93-98 of the Personal Insolvency Acts, to conclusion of a PIA with creditors - may take some time. A PIP may have recommended in Quarter 3/ 2016 that a borrower apply for a Protective Certificate, but it may take until Quarter 2/ 2017 or later before it is possible to say whether that Protective Certificate led to a PIA for that borrower. During this time, the borrower can remain protected against enforcement by the mortgage lender, either by a statutory adjournment of repossession proceedings or by the Protective Certificate itself.
The following Table sets out the percentage of total recommendations for Protective Certificates under the Scheme during the Quarters mentioned.
|
Quarter 3 2016 |
Quarter 4 2016 |
Quarter 1 2017 |
|
|
PIP Voucher Redeemed |
658 |
907 |
1,218 |
|
Of which Protective Cert recommended |
441 (67%) |
463 (51%) |
633 (52%) |
739. Deputy Pearse Doherty asked the Minister for Justice and Equality his views on whether the free legal advice offered under the Abhaile scheme amounts to general legal advice on debt and insolvency and does not constitute specific advice to a person; and if he will make a statement on the matter. [27063/17]
Amharc ar fhreagra740. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of solicitors available to persons wishing to avail of legal advice as per the Abhaile scheme, by county, in tabular form; and if he will make a statement on the matter. [27064/17]
Amharc ar fhreagraI propose to take Questions Nos. 739 and 740 together.
The Government is committed to providing assistance to persons who may be in danger of losing their home. Last October Abhaile, the Government’s free mortgage arrears support service, was launched. An important component of Abhaile is that free financial and legal advice and assistance is available to insolvent borrowers who are in danger of losing their family home due to mortgage arrears. Abhaile is co-ordinated by my Department and the Department of Social Protection and is implemented by the Money Advice and Budgeting Service (MABS), working in close co-operation with the Legal Aid Board, the Insolvency Service of Ireland and the Citizens Information Board.
The legal advice and assistance which is to be provided to a borrower by a consultation solicitor under Abhaile is specific advice to that individual, to explain their legal situation, and to identify and address any legal difficulties which might impede his or her best option for resolving their home mortgage arrears.
Before advising a borrower under Abhaile, the consultation solicitor is to be provided in advance with the full detailed written analysis of the borrower’s individual financial situation (a Prescribed Financial Statement under the Personal Insolvency Acts or a Standard Financial Statement under the Mortgage Arrears Resolution Process, as applicable), and with the detailed written financial advice on the borrower’s best options for resolving their arrears, already prepared for the borrower under Abhaile by their personal insolvency practitioner or other expert financial adviser.
In respect of legal advice, the primary role of the consultation solicitor is to provide independent legal advice on the borrower’s best options for a sustainable resolution of the mortgage arrears on their home. The solicitor may also advise the person on such matters as:
- the borrower’s legal position;
- any related legal complications (for example where a co-borrower is not cooperating in efforts to resolve the mortgage arrears);
- any legal aspects of alternative solutions including those specified in the written advice from the financial adviser; and,
- where the borrower has been issued with, or is on notice of pending issue of, repossession proceedings:
- assessing whether the borrower appears to have a valid legal defence to those proceedings,
- informing the person who does not have a legal defence, but who might benefit from accompaniment to Court, of the Duty Solicitor Service,
- advising and facilitating the person to make an application for civil legal aid to defend the proceedings if they have a good defence capable of meeting the merits criteria under sections 24 and 28 of the Civil Legal Aid Act 1995 and providing to the borrower, in writing, the legal advice given at the consultation(s), and providing a copy of that written advice to the borrower’s financial adviser under Abhaile.
Within this framework, the precise issues upon which the solicitor provides legal advice, and the nature of the advice provided, are, of course, a professional matter for the solicitor concerned having regard to the instructions he or she receives from the borrower.
During the course of a consultation, the solicitor may form a view that the borrower could benefit from the solicitor’s assistance in negotiating terms of settlement to the repossession proceedings (if any are in being). In such circumstances, the solicitor may apply to the Legal Aid Board for an authorisation to conduct negotiations. If granted, the solicitor may continue to provide legal advice and assistance to the borrower.
The number of solicitors available to persons seeking legal advice and the counties in which their principal office is located are set out in the table below. It is important to note that a person may bring a legal advice voucher to any solicitor on the panel irrespective of their county of residence.
|
County |
Number of Solicitors |
|
Carlow |
2 |
|
Clare |
1 |
|
Cork |
10 |
|
Donegal |
3 |
|
Dublin |
13 |
|
Galway |
9 |
|
Kerry |
2 |
|
Kildare |
3 |
|
Kilkenny |
2 |
|
Limerick |
3 |
|
Longford |
1 |
|
Louth |
2 |
|
Roscommon |
1 |
|
Sligo |
2 |
|
Tipperary |
5 |
|
Waterford |
1 |
|
Westmeath |
2 |
|
Wexford |
1 |
|
Total |
63 |
The Legal Aid Board recently conducted a further training workshop for prospective members of the Abhaile solicitors panel. On foot of that training, it is my understanding that the Legal Aid Board have received a number of additional applications for membership of the panel which are currently being processed.
741. Deputy Pearse Doherty asked the Minister for Justice and Equality if a duty solicitor connected to the Abhaile scheme is entitled to speak in court on behalf of persons that they have never engaged; and if he will make a statement on the matter. [27065/17]
Amharc ar fhreagraThe ‘duty solicitor’ service is an innovative and important component of the Abhaile service and is arranged by the Legal Aid Board at repossession lists in County Registrars’ courts around the country. It is modelled on the Housing Possession Court Duty Scheme, which has been operating successfully in many parts of England and Wales as well as in Northern Ireland.
A key element of the Programme for Government was, as the Deputy will be aware, to put 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 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. A new national information campaign was launched in February 2017 to reach out to homeowners in mortgage arrears and further raise awareness of the Abhaile service.
Because of the general awareness that defendants in repossession cases were turning up for court appearances in very small numbers, and because those who did turn up, were often unrepresented and fearful and without knowledge of what might happen in Court, it was considered important that this duty solicitor service be put in place as part of the Abhaile initiative.
The Deputy will be aware, that normally a solicitor is required to ‘go on record’ as representing a person, before he or she must be heard by a Court on their behalf. A solicitor who is not ‘on record’ may, however, be heard at the Court’s discretion. The ‘duty solicitor’ service in Abhaile, like the Housing Possession Court Duty Scheme, avails of this discretion.
The experience to date is that the courts in Ireland have generally welcomed the Abhaile duty solicitor service, and will intervene to ensure that any borrower appearing in repossession proceedings against their home is aware of the free supports available to them under Abhaile.
The role of the duty solicitor is to provide advice and assistance in the Courthouse to a defendant who is already facing repossession proceedings. Normally, before seeing the duty solicitor, a borrower receiving support from Abhaile has already received expert financial advice and has seen a consultation solicitor. The duty solicitor will be provided with the consultation solicitor’s file, which reflects that existing analysis and advice.
Most repossession cases are heard and decided in Court before the County Registrar. A minority, where the borrower claims to have a valid legal defence to repossession, are transferred to the Circuit Court judge’s list. The duty solicitor service is provided for the repossession cases listed in Court before the County Registrar, as this is where most repossession cases are decided, and therefore, where borrowers most need assistance.
In these cases, the duty solicitor may, with the leave of the County Registrar, speak in Court on behalf of an Abhaile applicant (without coming on record). The duty solicitor must clearly indicate to the Court that the borrower has applied to Abhaile, inform the Court of the status of the application and may apply on the borrower’s behalf for such adjournment as the Court may deem appropriate to facilitate the borrower availing of the supports available under Abhaile.
The duty solicitor’s role includes explaining clearly to the borrower their legal position regarding the repossession proceedings and answering his or her questions, speaking on the borrower’s behalf before the County Registrar, seeking an adjournment and/or settlement of the proceedings, and explaining to the borrower what has taken place in the Court hearing. The duty solicitor may, in so far as practicable, check the borrower’s legal position, and provide supplementary advice to the borrower, in the light of any new information emerging in the course of the Court sitting.
The duty solicitor may also give more limited assistance to a person who has been served with a Civil Bill for possession of his or her home, who appears in person before the County Registrar in response to the Civil Bill and wishes to avail of Abhaile, but who has not yet applied, or has not yet received financial advice, or advice from a consultation solicitor. In such a situation the duty solicitor may, for example, seek an adjournment on the borrower’s behalf, explain to the borrower what has taken place in court, and ensure that the borrower is referred to prompt assistance under the Abhaile service.
There are some overall limits on a duty solicitor’s role, similar limits apply under the scheme already mentioned in England, Wales and Northern Ireland. The duty solicitor may not go on record as the solicitor for the borrower nor conduct litigation related to the matter before the court on the person’s behalf. If the proceedings are adjourned, the same duty solicitor may, or may not, be present on the adjourned date.
The duty solicitor will not be in a position to act in the event of the transfer of the case to the Circuit Court Judge’s list or for any appeal. In such a case civil legal aid and advice is available from the Legal Aid Board, pursuant to the Civil Legal Aid Act 1995, to persons who satisfy the financial eligibility criteria laid down in that Act and in the Civil Legal Aid Regulations 1996 to 2016. The person’s case must also satisfy the merits criteria laid down under that Act.
While the duty solicitor component is considered a key part of the Abhaile service intended to assist borrowers in this very difficult situation, the Deputy will appreciate that the Courts are constitutionally independent in their operation and the management of the business of the Court in any given case is a matter for the presiding judge, or in the case of proceedings in a County Registrar's list, the County Registrar.
742. Deputy Pearse Doherty asked the Minister for Justice and Equality if those that avail of the Abhaile scheme vouchers are entitled to an itemised breakdown of the cost of the services they have availed of in order that this use of public money can be transparently monitored; and if he will make a statement on the matter. [27066/17]
Amharc ar fhreagraFull transparency and effective use of public money, in relation to the cost of professional services provided under financial and legal advice and assistance vouchers, are ensured by the design of the Abhaile scheme.
All professional advisers participating in the panels set up under Abhaile to provide ‘voucher’ advice and assistance to insolvent borrowers have agreed to do so on the basis of providing specified packages of services without charge to the borrower, and at a reasonable fixed cost to the State.
As these services are provided at fixed cost to the State, and without any charge to the borrower, itemisation does not arise.
A personal insolvency practitioner providing financial advice and assistance under an Abhaile voucher has agreed to provide this service for a fixed fee of €500 (plus VAT if applicable). This service includes a personal consultation with the borrower, obtaining all the relevant information on their income, assets and liabilities, preparation of a detailed Prescribed Financial Statement in accordance with s. 50 of the Personal Insolvency Acts, full assessment of the borrower's individual financial situation, advising the borrower in accordance with the detailed obligations under s. 52 of the Personal Insolvency Acts on the range of options available to resolve their financial difficulties and on the best options available in their individual circumstances with priority to keeping the borrower in their home, and confirming that advice to the borrower in writing.
A consultation solicitor providing legal advice and assistance under an Abhaile voucher has agreed to provide this service for a fixed fee of €250 (plus VAT if applicable). This fee takes into account that the consultation solicitor will be provided in advance with detailed financial analysis and advice on the borrower’s individual situation, already prepared by the Abhaile financial adviser.
This fixed service includes consideration of that material, a personal consultation with the borrower, provision of independent legal advice on their legal situation, and confirmation of that advice in writing. The advice covers any legal aspects of options identified to resolve their financial difficulties, resolution of any related legal complications, and (where the borrower is facing repossession proceedings) advice on those proceedings – as set out in further detail in reply to the Deputy’s question no. 27063/17.
An additional fixed fee of €200 (plus VAT if applicable) may be claimed in certain circumstances following a legal advice voucher, where the solicitor has sought and been granted authority from the Legal Aid Board to conduct negotiations to settle legal proceedings which may be pending against the borrower.
743. Deputy Brendan Griffin asked the Minister for Justice and Equality his views on a matter (details supplied); and if he will make a statement on the matter. [27075/17]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that, arising from an ongoing review of Business, Entrepreneur and Investor related migration schemes currently being undertaken by INIS, it was decided to suspend the 'Business Permission Scheme' with effect from 16th March 2016. The suspension does not affect applications received before that date or the status of persons already holding permission under the scheme.
It is open, however, to persons seeking permission to remain in the State on the basis of a different business proposal to make an application under the Start Up Entrepreneur Programme (STEP). This Programme was introduced in 2012, to enable non-EEA Nationals and their families commit to a high potential start up business (HPSU) in Ireland.
All applicants to the STEP programme must secure funding of at least €50,000 in order to meet the criteria. This funding can be from their own resources, a business loan, Business Angel/Venture Capital funding or a Grant from an Irish State Agency. The programme already provides for investment into high tech start up schemes. There is an Expert Independent Evaluation Committee who review and evaluate all applications under the various strands of the investor programme. It should be noted that there is no question of a person who contributes to the funding of €50,000 under the STEP, other than the entrepreneur herself/himself, receiving a residency permission under this programme.
The Deputy may also be aware that it is open to non-EEA investors who themselves wish to obtain a residency permission, to consider the Immigrant Investor Programme (IIP), which allows investors to acquire a residence permission, on investment of €1 million into an approved project.
Queries in relation to the status of individual immigration cases may be made directly to INIS by email using the Oireachtas Mail facility which has been 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 email service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
744. Deputy Catherine Murphy asked the Minister for Justice and Equality the status of a statutory inquiry into allegations of Garda misconduct made by the former chief executive of a group (details supplied); and if he will make a statement on the matter. [27079/17]
Amharc ar fhreagraThe Deputy refers to a case which has been the subject of a review carried out under the Independent Review Mechanism set up by the Government to consider allegations against the Garda Síochána. In the case referred to in the Deputy's question I can confirm that on 15 May the then Minister signed an Order establishing an inquiry under section 42 of the Garda Síochána Act 2005 into matters raised in the allegations made by the person in question. The inquiry is being conducted by Judge Patrick McMahon, retired judge of the District Court. As the matter is now the subject of a statutory inquiry, it would not be appropriate for me to comment on the case.
745. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of student gardaí who left the service before their attestation in the past 20 years; the number of gardaí who left the force before reaching 50 years of age in the past 20 years; and if he will make a statement on the matter. [27103/17]
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 number of student Gardaí that left An Garda Síochána before attestation for the period 1997 to date is 63.
I am further informed that the number of members who left An Garda Síochána before reaching 50 years of age for the period 1997 to date is 1,109.
746. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of gardaí discharged from the force on grounds of incapacitation due to injury received in the execution of duty without fault to the member in the past 25 years; and if he will make a statement on the matter. [27104/17]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including personnel matters relating to members of An Garda Síochána and I, as Minister, have no direct role in the matter.
I am informed by the Garda Commissioner that the number of Gardaí who have departed from An Garda Síochána owing to medical discharge, including ordinary ill-health retirement and injury on duty (special ill-health retirement) was 451 during the period from 1 January 1992 to 6 May 2017.
I am further informed that it is not possible to provide the specific information requested regarding the number of medical discharges due to injury on duty as it is not readily available and would require a disproportionate amount of Garda time and resources to collate.
747. Deputy Catherine Murphy asked the Minister for Justice and Equality the amount of retirement gratuity paid to members leaving An Garda Síochána in the past 25 years; and if he will make a statement on the matter. [27105/17]
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 the cost of lump sum retirement gratuity payments to members of An Garda Síochána for each year since 2002 to 2016 and up to 31 May 2017, was as set out in the table below. I am further informed that details of the cost of retirement gratuity payments prior to 2002 are not readily available and would necessitate a disproportionate expenditure of Garda time and resources to collate.
Garda Retirement Gratuity Payments 2002 - 2017
|
Year |
Expenditure |
|
2002 |
€27,344,721 |
|
2003 |
€29,154,740 |
|
2004 |
€34,827,513 |
|
2005 |
€38,115,683 |
|
2006 |
€29,466,652 |
|
2007 |
€20,833,552 |
|
2008 |
€27,089,234 |
|
2009 |
€76,429,028 |
|
2010 |
€34,204,702 |
|
2011 |
€51,711,763 |
|
2012 |
€46,177,496 |
|
2013 |
€29,986,897 |
|
2014 |
€25,909,669 |
|
2015 |
€24,193,777 |
|
2016 |
€24,284,856 |
|
Jan to May 2017 |
€8,237,698 |
748. Deputy James Browne asked the Minister for Justice and Equality the local authorities that have adopted Part III of the Gaming and Lotteries Act 1956; the date the Act was adopted by those local authorities, in tabular form; and if he will make a statement on the matter. [27128/17]
Amharc ar fhreagra749. Deputy James Browne asked the Minister for Justice and Equality the local authorities that adopted and subsequently abandoned Part III of the Gaming and Lotteries Act 1956; the date which it was abandoned by those local authorities, in tabular form; and if he will make a statement on the matter. [27129/17]
Amharc ar fhreagraI propose to take Questions Nos. 748 and 749 together.
I can confirm to the Deputy that the Gaming and Lotteries Act 1956 and the Part referred to has been in full effect for quite some time.
While these provisions referred to are contained in an Act under the auspices of the Minister for Justice and Equality, they relate wholly to the responsibility of a local authority to take certain actions or not. I have no role or responsibility in relation to the actions of local authorities and my Department does not have the information requested by the Deputy.
