Written Answers Nos. 892-909
892. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if there are minutes of meetings at which the vacancy in the Court of Appeal were discussed in the past three months; if he will release these minutes; and if he will make a statement on the matter. [29003/17]
Amharc ar fhreagraIn accordance with Articles 13.9 and 35.1 of the Constitution, judicial appointments are made by the President acting on the advice of the Government. The current process for the appointment of judges in Ireland is set out in Part IV of the Courts and Court Officers Act 1995, as amended.
Section 20 of the Court and Court Officers Act 1995 provides that all proceedings of the Judicial Appointments Advisory Board and all communications to the Board shall be confidential.
Furthermore, the consideration of the filling of judicial vacancies are decisions made by Government and are subject to Cabinet confidentiality under Article 28.4.3° of the Constitution and therefore it is not possible to release the minutes of Cabinet meetings.
Neither I nor my Department are aware of any meetings 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.
894. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he, his predecessor or his Department's officials sought legal advice regarding filling the most recent Court of Appeal vacancy; and if he will make a statement on the matter. [29005/17]
Amharc ar fhreagraI can inform the Deputy that, for the most part, the legal services sought by my Department are coordinated by the Office of the Attorney General and the Chief State Solicitor's Office. These services are typically sought in the context of the preparation of legislation, legal advice in respect of policy issues and in the management of litigation including judicial reviews.
The subject matter of the advice, and the advice itself, is covered by legal professional privilege.
899. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if a person (details supplied) recused himself or herself from the selection process for the vacancy on the Court of Appeal caused by the retirement of a person. [29013/17]
Amharc ar fhreagraIn accordance with Articles 13.9 and 35.1 of the Constitution, judicial appointments are made by the President acting on the advice of the Government. Section 20 of the Court and Court Officers Act 1995 provides that all proceedings of the Judicial Appointments Advisory Board and all communications to the Board shall be confidential.
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.
900. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of applications received by the Judicial Appointments Advisory Board for the vacancy on the Court of Appeal. [29014/17]
Amharc ar fhreagra901. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of applications from serving High Court judges received by the Judicial Appointments Advisory Board for the vacancy on the Court of Appeal. [29015/17]
Amharc ar fhreagra902. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of applications from serving District Court judges received by the Judicial Appointments Advisory Board for the vacancy on the Court of Appeal. [29016/17]
Amharc ar fhreagra903. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of applications from serving Circuit Court judges received by the Judicial Appointments Advisory Board for the vacancy on the Court of Appeal. [29017/17]
Amharc ar fhreagraI propose to take Questions Nos. 900 to 903, inclusive, together.
Under the provisions of section 20 of the Courts and Court Officers Act 1995 all proceedings of the Board and all communications to the Board shall be confidential and shall not be disclosed except for the purposes of this Act.
However, the Deputy may be aware that, in accordance with section 11 of the Court and Court Officers Act 2002, the JAAB is required to make an annual report of its activities, copies of which will be available on the Board's website www.jaab.ie and will also be laid before both Houses of the Oireachtas in due course.
For the information of the Deputy I would point out that it is not in general necessary for eligible serving judges to apply to the JAAB for elevation to higher judicial positions since section 17 of the Courts and Court Officers Act 1995 provides that where the Government proposes to advise the President to appoint to judicial office a person who is for the time being a judge of the High Court, Circuit Court or District Court, the provisions of Section 16 of the Act (i.e. the JAAB application process set out in that section) shall not apply.
The Judicial Appointments Commission Bill, which was published on 1 June 2017, 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.
904. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of staff under the remit of his Department who have applied to be transferred to Department or State agency offices located outside the Dublin region in each of the years 2014 to 2016 and to date in 2017, in tabular form; the estimated average cost incurred for each staff member that relocated outside the Dublin region; and if he will make a statement on the matter. [29042/17]
Amharc ar fhreagraI wish to advise the Deputy that my Department does not keep external transfer lists in relation to officers wishing to seek a transfer to other Departments or agencies outside of Dublin. Officers interested in applying for such transfers are advised to approach the relevant Human Resources Division directly to express their interest.
In relation to staff members from my Department who have requested a move to one of our regional offices outside of Dublin from 2014 to date, the information requested by the Deputy can be found in the following table. It should be noted that if an officer wishes to take up a transfer such moves are undertaken at the officer's own expense.
Finally, the Deputy may be aware that the Department of Public Expenditure and Reform is currently rolling out a Civil Service Wide Mobility Scheme allowing staff to apply centrally for a transfer to another Department or agency. The scheme is expected to be operational in 2018, and is one of a number of arrangements that fulfil the requirements of Action 15 of the Civil Service Renewal Plan which calls for mobility opportunities for staff across geographic, organisational and sectoral boundaries.
|
Year applied for |
Number |
|
2015 |
3 |
|
2016 |
5 |
|
2017 |
5 |
905. Deputy James Lawless asked the Minister for Justice and Equality his plans to reopen the garda station in Kill; and if he will make a statement on the matter. [29102/17]
Amharc ar fhreagraThe Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to her, including in relation to Garda stations.
I have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 905 for answer on Tuesday 20th June, 2017, in which you inquired about the reopening of Kill Garda station.
As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again.
You will be aware, the Garda Síochána District and Station Rationalisation Programme gave rise to the closure of some 139 Garda stations, including Kill 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 gardaí 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 six 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.
As part of this process, an Garda Síochána was informed by the Office of Public Works that some 56 premises, including the premises at Kill, which had been used as Garda stations were no longer available for consideration for inclusion in the pilot project.
I trust that this is of assistance.
906. Deputy Danny Healy-Rae asked the Minister for Justice and Equality the reason petrol stations are being revalued at an increase of 400%; the further reason the forecourts of petrol stations are being valued at four times higher than the forecourts of other stores; and if he will make a statement on the matter. [28539/17]
Amharc ar fhreagraI can inform the Deputy that the Commissioner of Valuation is independent in carrying out his functions under the Valuation Acts 2001 to 2015 and I, as Minister for Justice and Equality, have no role in this regard.
Having a modern valuation base is very important for the levying of commercial rates on a fair and equitable basis across all economic sectors including commercial units selling petrol. 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 revaluation provisions in the Valuation Acts 2001-2015 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 infrastructural changes in the vicinity of a property and changes in the local business environment. The National Revaluation Programme is the first revaluation of all rating authority areas in over 150 years and is being conducted across the country on a phased basis. This is a welcome development which is long overdue and on which considerable progress has been made. Revaluation is an important instrument in redressing historical anomalies in relation to commercial rates for both urban and rural properties and between particular classes of property within a local authority area.
A valuation for commercial rates purposes is an estimate of the Net Annual Value (NAV) of a property, at a specified valuation date, on the assumption that the occupier is responsible for the payment of commercial rates and for insuring and maintaining the property. The term “net annual value” has a legal definition and is set out in section 48 of the Valuation Act 2001 as the rent for which, one year with another, the property might, in its actual state, be reasonably expected to let from year to year, on the assumption that the probable average annual cost of repairs, insurance and other expenses (if any) that would be necessary to maintain the property in that state, and all rates and other taxes payable in respect of the property, are borne by the tenant.
Estimating the NAV of a rateable property is an evidence-based exercise. In this regard, I am informed that the Valuation Office analyses relevant market rental transactions for all rateable properties including filling stations in accordance with the legislation, best practice internationally, well-established valuation principles and case law arising from the independent Valuation Tribunal and the higher Courts and the conclusion drawn from that analysis is applied to similarly circumstanced property using the “comparative” method of valuation which, as the name implies, employs direct comparison with other similar properties.
While some Proposed Valuation Certificates issued as part of REVAL 2017 may contain significant increases in the valuations of various property types, including petrol stations and their forecourts, possible reasons for such increases where they occur would be that the valuation of some of these properties had not been revised to take account of improvements, extensions or extensive refurbishment that was not reflected in the valuation immediately before the revaluation that is now in train. I am advised by the Commissioner of Valuation that the general outcome of the revaluations conducted 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 current phase of the national revaluation programme (known as “REVAL 2017”) covers the revaluation of all rateable properties in counties Longford, Leitrim, Roscommon, Westmeath, Offaly, Kildare, Sligo, Carlow and Kilkenny where a revaluation is being undertaken for the first time since the nineteenth century. It also includes the second revaluation of the South Dublin County Council area. Revaluation in these counties is expected to be completed in September 2017 and become effective for rating purposes from 2018 onwards. The Commissioner’s intention is then to extend the revaluation programme to other counties.
Following revaluation there is a much closer and uniform relationship between contemporary rental values of all rateable properties in a local authority area and their respective commercial rates liabilities. In essence, the exercise aims to ensure that each ratepayer bears a fair share of the rates burden relative to the modern rental value of the property that they occupy. This applies to service stations as it does to hotels, retail outlets and all other categories of property. A key element of revaluation is to remove anomalies in the system where they exist and establish fair and equitable relativities between the various property classifications. Having regard to the revaluations conducted to date it would be expected that the majority of small businesses in rural Ireland will see their rates liability decrease following a revaluation.
There is an extensive process to cater for ratepayers who are dissatisfied with the proposed valuations they receive from the Valuation Office. In this regard, a dissatisfied person can make representations to the Valuation Office within 40 days of the date of issue to them of the certificate of the proposed valuation. 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 any ratepayer is still dissatisfied with the final valuation to be placed on their property following consideration of the representations, they 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 Commissioner of Valuation.
907. Deputy Dara Calleary asked the Minister for Justice and Equality the exemptions that apply for passport fees in the case of a person born in the UK (details supplied); and if he will make a statement on the matter. [28642/17]
Amharc ar fhreagraI understand the Deputy's question relates to the fees payable in relation to an application for naturalisation, following the grant of which the person naturalised could then apply for an Irish passport to the Department of Foreign Affairs and Trade.
It is open to any individual to lodge an application for Irish citizenship through naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended, which governs the granting of Irish citizenship through naturalisation. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.
The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee, stipulated at €175, is payable on application for a certificate of naturalisation and a certification fee is payable on the issue of a certificate of naturalisation. The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons the certification fee is nil.
There is no provision in the Regulations for the discretionary waiver or reduction of fees, or for differing fees to apply to different nationalities. All of the fees payable under the Irish Nationality and Citizenship Act 1956 are kept under ongoing review by my Department; however, there are no plans to amend the fees.
Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at www.inis.gov.ie. The website also contains guidance on the completion of an application for naturalisation and an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met. The appropriate application form for a certificate of naturalisation by a person of full age, including a person in circumstances outlined by the Deputy, is Form 8.
908. Deputy Eugene Murphy asked the Minister for Justice and Equality if he will increase the core funding available to an organisation (details supplied) under the National Collective of Community Based Women's Networks, in view of the scope and range of services currently provided by the organisation on a very modest budget; and if he will make a statement on the matter. [28884/17]
Amharc ar fhreagra911. Deputy Eugene Murphy asked the Minister for Justice and Equality his plans to increase the core funding available to a group (details supplied) under the National Collective of Community Based Women's Networks in view of the scope and range of services provided by the group on a very modest budget; and if he will make a statement on the matter. [29174/17]
Amharc ar fhreagraI propose to take Questions Nos. 908 and 911 together.
The National Collective of Community Based Women's Networks, which comprises 17 groups, is mainly funded by my Department. The allocation for this year is €1.385 million. Funding for 2018 will be considered as part of the overall budgetary process within the fiscal parameters set by Government.
