Tuesday, 20 Jun 2017

Drugs Seizures

Ceisteanna (871)

Jack Chambers

Ceist:

871. Deputy Jack Chambers asked the Minister for Justice and Equality the quantity and value of each drug seizure in each of the past ten years; and if he will make a statement on the matter. [28543/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I can inform the Deputy that information relating to the quantity and value of drugs seized by An Garda Síochána is set out in the Annual Reports of An Garda Síochána.

The Annual Reports for the years 2007 to 2015 are available on the website of An Garda Síochána (www.garda.ie). The information provided in the Reports is prepared on the basis of records maintained by Forensic Science Ireland based on the quantity of drugs analysed annually at its laboratory.

The quantity and value of drugs seized by An Garda Síochána is available for years post 2011 inclusive, that is 2011 to 2015. Information on the quantities of drugs seized only is available for years prior to 2011, that is 2007 to 2010.

I understand that work is continuing on the preparation of the Annual Report for 2016 which will be made available in due course.

Legal Aid Service

Ceisteanna (872)

Jim O'Callaghan

Ceist:

872. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if there is an approved list of solicitors which may be supplied by An Garda Síochána to persons in need of legal representation; the number of solicitors on it; and if he will make a statement on the matter. [28586/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

It has not been possible, within the time available, to compile the information necessary to answer the Deputy's question but I will convey the information to the Deputy when it becomes available.

The following deferred reply was received under Standing Order 42A

I refer to Question No. 872 for answer on 20 June 2017 where you asked if there existed an approved list of solicitors which could be provided by An Garda Síochána to persons in need of legal representation and for the number of solicitors on it.

As the information you requested could not be obtained in the time available, I undertook to contact you again.

I am advised that a person in Garda custody is afforded the opportunity of nominating a solicitor of their choice. An Garda Síochána does not provide a list. The Law Society’s website contains a list of solicitors who can attend at Garda Stations. This "Find a Garda Station Solicitor" web search facility enables gardaí to search on behalf of a person in custody, by Division, for a solicitor available to attend a Garda station to provide legal advice and attend interviews of individuals in custody.

I am also advised that the existence of this facility has been brought to the notice of all Garda personnel.

I trust this is of assistance.

Garda Data

Ceisteanna (873)

Catherine Murphy

Ceist:

873. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of bank accounts the Commissioner operates inside and outside the State respectively; the location of those bank accounts; and the function and-or purpose of bank accounts operated by the Commissioner that are outside the State (details supplied); and if he will make a statement on the matter. [28599/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that the Garda Commissioner is the Accounting Officer for An Garda Síochána and is responsible for the Garda Vote.

I have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.

Question No. 874 answered with Question No. 819.

Parliamentary Questions Data

Ceisteanna (875)

Pearse Doherty

Ceist:

875. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of Parliamentary Questions he has referred to An Garda Síochána for reply in each of the 12 months June 2016 to date in 2017; the time taken for a reply in each case; and if he will make a statement on the matter. [28636/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

In line with Standing Order 42A, which was agreed during the course of the current Dáil, parliamentary questions may be referred to a body under the aegis of a Government Department for direct reply. The parliamentary question IT system used by the Department does not permit the database to be searched in such a way as to identify all questions which have been specifically so referred to An Garda Síochána so it is not possible to provide the information sought by the Deputy. In terms of the time taken for a reply in such cases, Standing Order 42A sets out a target of 10 working days after the question has been answered in the Dáil. As the length of time it takes for An Garda Síochána to respond to a question is dependent on a number of factors, including the complexity of the request, the volume of information sought and the level of coordination required to provide the requested information, it is not always possible to provide a complete answer within the timeframes set out by the Oireachtas. This remains the aim of my Department in relation to all parliamentary questions, however.

State Bodies Code of Conduct

Ceisteanna (876)

Seán Fleming

Ceist:

876. Deputy Sean Fleming asked the Minister for Justice and Equality if all State bodies under the aegis of his Department have furnished a report confirming the State body has complied with its obligations under tax law for 2015 and 2016 as required under the code of practice for the governance of State bodies; the action which was taken regarding those bodies that did not submit such requests; and if he will make a statement on the matter. [28673/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

The information requested by the Deputy could not be compiled in the time available. I will write to the Deputy directly when the information is available.

The following deferrer reply was received under Standing Order 42A:

I refer to Parliamentary Question No. 876 for answer on 20 June 2017, in which you requested confirmation of the furnishing of a report by all bodies under the aegis of my Department confirming tax compliance for 2015 and 2016, in line with the Code of Practice for the Governance of State Bodies.

As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again.

I can confirm that, while some of the bodies in question overlooked the need to formally confirm that compliance in their reporting arrangements for 2015, all bodies under the aegis of my Department have provided assurance they are tax compliant for the years 2015 and 2016.

My Department has reminded the bodies under the aegis of my Department that, where applicable, they should include a formal confirmation of tax compliance in the annual Chairperson’s Comprehensive Report to the Minister for 2016, as set out in the Business and Financial Reporting Requirements of the 2016 Code of Practice for the Governance of State Bodies.

Separately, I am advised by the Garda Authorities that, and as you will be aware, the taxation status of certain entities attached to the Garda College in Templemore is the subject of further review, which is ongoing at present.

I hope this information is of assistance.

Drugs Crime

Ceisteanna (877)

Thomas P. Broughan

Ceist:

877. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of weekly arrests per county to date for positive preliminary drug test results; and if he will make a statement on the matter. [28698/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I 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.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 877 for answer on Thursday, 20 June 2017 in which you sought the following:"the number of weekly arrests per county to date for positive preliminary drug test results".

As you may recall, the information you requested could not be obtained in the time available, and I undertook to contact you directly on receipt of the report from An Garda Síochána.

I am advised by the Garda authorities that at this time, only data in respect of the number of positive preliminary drug tests performed at Mandatory Intoxicant Testing checkpoints can be provided. Furthermore, the only positive results, to date, have been recorded in the Dublin Metropolitan Region. The following table shows the number of positive preliminary drug tests recorded since the introduction of testing in 2017.

Please note that these figures, valid as of 23 June 2017, are operational, provisional and liable to change.

I hope you find this information useful.

The number of positive preliminary drug tests recorded since the introduction of testing April 2017*
April 2017	3
May 207	1
June 2017	5

Immigration Status

Ceisteanna (878)

Bernard Durkan

Ceist:

878. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if residency status can be granted in the case of a person (details supplied); and if he will make a statement on the matter. [28707/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had no valid basis to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), was, by letter dated 8th May, 2017, notified that the then Minister proposed to make a Deportation Order in respect of them. The person concerned was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the Minister setting out the reasons why they should not have a Deportation Order made against them. Written representations have been submitted by the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation. All representations submitted will be fully considered in advance of a final decision being made.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Direct Provision System

Ceisteanna (879)

Clare Daly

Ceist:

879. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the case of the continuing incarceration of a person (details supplied) living in direct provision in Clondalkin; the steps he will take to allow this person the privacy of self-catering accommodation; and if he will make a statement on the matter. [28799/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I do not accept that any person who has sought or is seeking international protection is incarcerated in any State provided accommodation centre. Accommodation is offered to all persons applying for international protection and it is open to any persons to accept or refuse that offer. While residing in the accommodation centre in question all persons are provided with full board accommodation and have access to all State services. It is worth noting that the person in question is presently the subject of a deportation order having failed in his application for international protection and it is incumbent on him to comply with that order and vacate the State.

Commissioner of Valuation

Ceisteanna (880, 881)

Thomas P. Broughan

Ceist:

880. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to review the work of the Commissioner of the Valuation Office; the examinations that are being done regarding the revaluation practice carried out by the office; the expected impact on SMEs; and if he will make a statement on the matter. [28805/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

881. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of revaluations under the national revaluation programme carried out by the Commissioner of the Valuation Office; and if he will make a statement on the matter. [28806/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 880 and 881 together.

The Valuation Acts 2001 to 2015 provide for the valuation of all commercial and industrial properties for rating purposes. The Commissioner of Valuation is independent in the performance of his functions under the Acts and the making of valuations for rating is his sole responsibility and I, as Minister for Justice and Equality, have no role in decisions in this regard. While I, as Minister for Justice and Equality, have no direct role in reviewing work done by the Commissioner of Valuation, I should point out that 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. A dissatisfied ratepayer may make representations to the Valuation Office within 40 days of the date of issue of the certificate. The Valuation Office will consider the representations and may or may not change the proposed valuation depending on the circumstances of each individual property. If a ratepayer is still dissatisfied with the valuation on the final certificate they receive, they then have a right to lodge a formal appeal with the Valuation Tribunal, which is an independent statutory body established for the purpose of hearing appeals against decisions of the Valuation Office.

Having a modern valuation base is very important for the levying of commercial rates on a fair and equitable basis across all economic sectors. This has been the policy of successive governments for many years and is the express purpose of the National Revaluation Programme now being rolled out by the Valuation Office. 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 involving the valuation of some 150,000 rateable commercial 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 revalued. I am advised that in total, approximately 48,600 individual properties have been revalued equating to 57% of the national rateable valuation base in monetary value terms or 32% in numerical terms. In addition, 13 public utilities representing some of the largest ratepayers in the State have been revalued on a global basis.

Significant progress is being made and the National Revaluation 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. Proposed valuation certificates issued in January 2017 for counties Leitrim, Longford, Roscommon and Westmeath; in March 2017 for counties Kildare, Offaly and Sligo; and for Carlow and Kilkenny in May 2017. Additionally, proposed valuation certificates issued to all ratepayers in South Dublin county council area in April 2017. Thus, in total, approximately 28,400 proposed valuation certificates have issued. 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. As indicated above, if a ratepayer is still dissatisfied with the valuation on the final certificate which they will receive next September, they have the right to lodge a formal appeal with the Valuation Tribunal.

Specifically in relation to the impact of revaluation on SMEs, the general outcome of the revaluations conducted to date by the Valuation Office is that about 60% of all ratepayers have had their liability for rates reduced following a revaluation and about 40% have had an increase. I am advised by the Valuation Office that this pattern is expected to be replicated in the counties that are being revalued as part of REVAL 2017.

Garda Equipment

Ceisteanna (882)

Thomas P. Broughan

Ceist:

882. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number and percentage of the Garda fleet aged over ten years as of 9 June 2017; and if he will make a statement on the matter. [28808/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will be appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.

Material in relation to the strength of the Garda Fleet, as of 19 April 2017, the date for which it is readily available, is as outlined in the table below. I have requested the Commissioner for a breakdown of the percentage of vehicles greater than 10 years and will revert to the Deputy when same is to hand.

Age	Fleet Total	% of Total
	2,794	100%
< 1 Year	504	18%
1 - 2 Years	413	15%
2- 4 Years	799	29%
4 - 6 Years	235	8%
> 6 Years	843	30%

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 882 for answer on Tuesday 20th June 2017, in which you requested details of the number and percentage of the Garda fleet aged over ten years as of 9 June 2017.

As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again.

The Garda authorities have provided the following information in relation to the fleet as at 1 June 2017.

The total number of Vehicles in the fleet is 2,808 and the profile is as follows:

Years	Number	% of Fleet
0-1 Year	440	15.7%
1-2 Years	422	15.0%
2-4 Years	888	31.6%
4-6 Years	243	8.7%
6-8 Years	53	1.9%
8-10 Years	326	11.6%
10+ Years	436	15.5%

You will be aware that some €46 million is being invested in the fleet under the Government Capital Plan 2016-2021 to ensure that An Garda Síochána has a modern, effective and fit for purpose fleet.

I trust that this is of assistance.

Garda Reserve

Ceisteanna (883)

Pearse Doherty

Ceist:

883. Deputy Pearse Doherty asked the Minister for Justice and Equality if his attention has been drawn to the recent resignation of a person (details supplied) from the Garda Reserve force; if his attention has been further drawn to suggestions that inadequate training and insufficient resourcing of the local Garda division contributed to the person's decision to quit the role; his plans to revise the existing deployment of reserve members with the view to better utilise the force; and if he will make a statement on the matter. [28840/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I have received representations in connection with the person referred to by the Deputy.

As 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.

The Garda Reserve was established in accordance with the Garda Síochána Act 2005 to enhance the links between An Garda Síochána and local communities and consists of voluntary unpaid members, drawn from the community, to support the work of An Garda Síochána. The Reserve perform policing duties as determined by the Garda Commissioner, while accompanied by full time Gardaí. Their role is to provide local patrols and participate in crime prevention initiatives targeted at specific local problem areas. Reserve members are also involved in policing major incidents and events, and in providing other operational support to full time Gardaí. In recent years the Garda Commissioner has conferred further powers on reserve members under the Criminal Justice (Public Order) Act 1994 and the Road Traffic Act 1961 and has also decided that they should carry out more duties including the serving of summonses, and the issuing of Fixed Charge Penalty Notices where offences are detected.

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.

This plan is progressing well. This year, 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. I am pleased to say that the Garda Commissioner launched a new recruitment drive for Garda Reserves on 23 March last which received a strong response with close to 2,400 people applying to become Reserves and give something back to their communities on a voluntary basis.

It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013 to 649 currently. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways - firstly some 200 serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointment Service have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána. I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years. With the plan to reach 15,000 Garda members well on track it was possible for the Commissioner and the Public Appointments Service to undertake a new recruitment campaign for Garda Reserves. That is now in train and will, allowing for the selection process and necessary training of successful candidates, facilitate a start to be made on strengthening of the Reserve across every Garda Division.

Reserve members have undergone training in many of the skills required to be an effective full-time member of An Garda Síochána and it is important that as we expand the Reserve we build on their contribution to the policing of communities right across the country and ensure that they are used to optimum effect. In this regard I am informed that An Garda Síochána is undertaking an audit of the experience and skills of Reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve including whether additional powers should be conferred on Reserve members.

Garda Data

Ceisteanna (884)

Pearse Doherty

Ceist:

884. Deputy Pearse Doherty asked the Minister for Justice and Equality further to Parliamentary Question No. 46 of 1 June 2017, the details of the moneys recouped by policing services for policing at events in County Donegal in 2016; and if he will make a statement on the matter. [28865/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

As the Deputy is aware, in accordance with Section 30 of the Garda Síochána Act 2005, at the request of a person or commercial entity, the Garda Commissioner may provide and charge for police services for events on private property or in areas open to the public. The objective in charging for police services is to recover the cost of providing the service.

In addition, I understand that Section 231(4)(j) of the Planning and Development Act 2000 permits the collection of policing costs with regard to events that require local authority licenses under the terms of the Act.

I have been informed by the Garda authorities that they seek the recovery of policing costs associated with commercial events that have been organised with the objective of making a financial gain and without specific community or charitable benefit.

However, An Garda Síochána does not seek to recover its costs for charitable events or for statutory national public events such as policing the St. Patrick’s Day parade as these duties are funded by the public purse. Charitable events relate to events organised with the objective of providing a charitable service to the community.

I am informed by the Commissioner that the table below outlines the amount of money recouped by An Garda Síochána for the provision of security services and the policing of sporting and other events in County Donegal in 2016.

Year	Sporting Fixtures	Concerts/Festivals	Other Events	Total
2016	€11,200	€14,600	€189,532	€215,332

Garda Deployment

Ceisteanna (885)

Pat Casey

Ceist:

885. Deputy Pat Casey asked the Minister for Justice and Equality the number of newly attested Garda assigned to the Wicklow Division in 2017 in view of the need for increased gardaí in the county; and if he will make a statement on the matter. [28910/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter. I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I am further informed by the Commissioner that the Garda strength of the Wicklow Division, on 30 April 2017, the latest date for which figures are readily available, was 295. There are also 22 Garda Reserves and 24 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

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 to 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.

This plan is progressing apace. This year, 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.

I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 13 of whom have been assigned to the Wicklow Division. 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, including the Wicklow Division in the coming years.

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.

Question No. 886 answered with Question No. 715.

Road Traffic Offences Data

Ceisteanna (887)

Thomas P. Broughan

Ceist:

887. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 126 of 9 May 2017, the number of summons served to persons for non-payment of fixed charge notices for this offence; the number of persons convicted and charged for non-payment of fixed charge notices for this offence; the number of driver licence numbers recorded upon this conviction; the number struck out due to non-serving of summons, by each court, in each of the years 2015 and 2016 and to date in 2017; and if he will make a statement on the matter. [28978/17]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I have requested a report from both the Garda authorities and the Courts Service in relation to the matters referred to in the Deputy's questions and I will contact the Deputy directly upon receipt of these reports.

Question No. 888 answered with Question No. 794.

Judicial Appointments

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 889 to 891, inclusive, 893 and 895 to 897, inclusive, together.

In accordance with Articles 13.9 and 35.1 judicial appointments are made by the President acting on the advice of the Government. This is a Constitutional function that cannot be transferred or delegated.

The Judicial Appointments Advisory Board (JAAB) was established under the Courts and Court Officers Act 1995 to identify persons and inform the Government of the suitability of those persons for appointment to judicial office. The process through which the Judicial Appointments Advisory Board recommends applicants for consideration by Government is set out in Part IV of the Courts and Court Officers Act 1995, as amended. The JAAB deals with applications from candidates for judicial office. Eligible judges who wish to be considered for promotion to the Superior Courts are not dealt with by JAAB; in such instances under non-statutory informal arrangements existing judges may make their wish to be considered for higher judicial office known to the Attorney General. Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, on a request to do so by the Minister, the Board submits to the Minister for Justice and Equality, the names of the persons recommended for appointment. The Minister then bring the names to Government which decides on the person or persons to nominate to the President for appointment. The 1995 Act specifies that the Government shall first consider any nominations from JAAB in deciding on the person or persons to nominate to the President for appointment to judicial office.

On 5 January 2017, the JAAB sought, by public advertisement, applications from practising barristers and solicitors eligible for appointment to the Supreme Court, Court of Appeal, High Court, Circuit Court and District Court.

A vacancy for an Ordinary Judge of the Court of Appeal arose following the retirement of the Hon. Mr. Justice Garrett Sheehan on 23 March 2017. The Tánaiste and then Minister for Justice and Equality wrote to the Judicial Appointments Advisory Board on 12 April 2017 to seek a list of suitable candidates from the JAAB in respect of various judicial vacancies including the vacancy in the Court of Appeal.

JAAB reported on 16 May 2017, in accordance with the Courts and Courts Officers Acts 1995-2002, that it was not in a position to recommend a person for appointment to the vacancy in the Court of Appeal. From time to time in the past, JAAB has reported that it is not in a position to recommend any candidates as suitable for appointment as a judge. As the Deputy will know the Government, in nominating a person to the President for appointment to judicial office, is not limited constitutionally to the consideration of the outcome of a JAAB process but is obliged under the 1995 Act to first consider the names of any persons recommended by JAAB, something which did not arise in this instance since there were no such recommendations.

Section 18 of the Court and Court Officers Act 1995 provides that the Board may recommend the Attorney General for appointment to judicial office and that where the Attorney General wishes to be considered for appointment he/she will withdraw from any deliberations of the Board concerning his or her suitability for judicial office. However, I as Minister for Justice, am unable to comment further as Section 20 of the Court and Court Officers Act 1995 provides that all proceedings of the JAAB and all communications to the Board shall be confidential. The obligation on the Attorney General to exclude him/herself from deliberations is in relation to JAAB and applies only in the context of the 1995 Act and only where the Attorney General has asked JAAB to consider her/him for judicial office. There is nothing (nor constitutionally could there be anything) in this provision which could prevent the Government from nominating the Attorney General to a judicial appointment as long as the Attorney General is eligible and qualified.

At its meeting of 13 June 2017, Government decided to nominate the then Attorney General, Ms. Máire Whelan S.C., for appointment as an ordinary judge of the Court of Appeal, pursuant to its prerogative under Article 13.9 of the Constitution to advise the President on appointments to judicial office. Yesterday, Ms Justice Máire Whelan was appointed by the President as a judge of the Court of Appeal.

It would not be appropriate for me, as Minister for Justice and Equality, to comment any further on specific nominations to judicial office which are decisions made by Government and are subject to Cabinet confidentiality under Article 28.4.3° of the Constitution. The Government has sole discretion under the Constitution to nominate persons of its own choosing, providing they are qualified and eligible for appointment as a Judge.

Neither I nor my Department are aware of any meetings/discussions of the nature referred to by the Deputy other than the Government meeting on 13 June 2017 and the processes of the Judicial Appointments Advisory Board in relation to the vacancy which are subject to the statutory confidentiality requirement as set out above.

I can inform the Deputy that, when the Court of Appeal came into existence in 2014, a President and 9 ordinary judges were appointed, all of whom were serving judges: 9 were judges in the High Court and one was a judge in the Circuit Court. Since the establishment of the Court, one vacancy was filled in September 2016 with the elevation of a serving judge from the High Court. To date no judge has been appointed to the Court of Appeal through an application made to the Judicial Appointments Advisory Board.

I am satisfied that all necessary procedures regarding judicial appointment have been followed in this instance.

The Judicial Appointments Commission Bill, which was published on 1 June 2017 fulfils the Programme for Government commitment to introduce legislation to replace the Judicial Appointments Advisory Board with a new Judicial Appointments Commission. The aim of the reform of the judicial appointments process is to ensure that the system is transparent, fair and credible.

The Bill makes provision for a completely new system for selecting persons who wish to apply for appointment to judicial office, comprising a Commission with a lay chair and a lay majority. The proposed new system will, for the first time, include applications by serving judges for appointment to positions in higher judicial courts.