Anne Rabbitte
Ceist:273. Deputy Anne Rabbitte asked the Minister for Justice and Equality the amount paid annually for free legal aid as a result of insurance claims; and if he will make a statement on the matter. [23751/18]
Amharc ar fhreagraLegal Aid Service Data
Ceisteanna (273)
Freagraí scríofa
The Legal Aid Board is the statutory body responsible for the provision of legal advice and legal aid to persons of insufficient means in civil cases. The vast majority of persons who are granted legal aid by the Board seek assistance in relation to family law, child care matters or with applications for international protection in the State.
Civil litigation cases represent a very small proportion of the total cases dealt with by the Board. In 2017 approximately 3% of applications (520 of 17,172) received by the Board for legal services related to general civil law matters. Of these, 219 related to personal injuries cases including medical negligence, 45 of which were granted legal aid to pursue civil litigation cases in accordance with the Civil Legal Aid Act 1995.
The Legal Aid Board does not collate its statistics in a manner that would demonstrate how many of the above cases would specifically involve an insurance claim, or what cost would be associated with these cases.
Ministerial Functions
Ceisteanna (274)
Micheál Martin
Ceist:274. Deputy Micheál Martin asked the Minister for Justice and Equality if he or officials in his Department were involved in the Judicial Appointments Commissions Bill 2017. [23442/18]
Amharc ar fhreagraFreagraí scríofa
My predecessor, then Tánaiste and Minister for Justice and Equality, presented the Judicial Appointments Commission Bill 2017 to Dáil Eireann. The Deputy will know that since I was appointed Minister, I have been involved in progressing the Bill in its passage through the House. My officials were, and continue to be involved, in preparing the Bill and the Scheme of a Bill which preceded it and in the work supporting the Bill's passage through the Houses.
Insurance Fraud
Ceisteanna (275)
Seán Barrett
Ceist:275. Deputy Seán Barrett asked the Minister for Justice and Equality the steps taken to deal with fraudulent insurance claims; and if he will make a statement on the matter. [23107/18]
Amharc ar fhreagraFreagraí scríofa
The Cost of Insurance Working Group was established by the Minister for Finance in July 2016. The objective of the Working Group was to identify and examine the drivers of the cost of insurance, and recommend short, medium and longer term measures to address the issue of increasing insurance costs, taking account of the requirement for the need to ensure a financially stable insurance sector.
A significant factor in the rising cost of insurance, identified in both the first and second reports of the Working Group (on (i) motor insurance and (ii) employer's liability/public liability respectively), is the impact of fraudulent insurance claims. As such, the reports include a number of recommendations relating to insurance fraud.
Recommendation 25 of the Report on the Cost of Motor Insurance recommends the establishment of a fully functioning integrated insurance fraud database for industry to detect patterns of fraud.
As recommendation lead, my Department established a working group to progress the related action points. The Group is made up of representatives from my Department, An Garda Síochána’s National Economic Crime Bureau (GNECB), Insurance Ireland and the Motor Insurers' Bureau of Ireland (MIBI). The Group has completed a report, which includes recommended parameters for the database, who will be responsible for administering the database and disseminating data and how the database will be funded.
The report of the Group was submitted to the Office of the Attorney General and the Office of the Data Protection Commissioner (ODPC) and, in response, the ODPC has strongly endorsed the Group’s view that detailed Data Protection Impact Assessments (DPIAs) will be required in order to justify the potential addition of new datasets to the existing Insurance Link database, and the increased sharing of data. The ODPC also recommends that further work needs to be undertaken to detail the evidential requirements for the creation of a new database or the enhancement of the existing Insurance Link database.
The application of the General Data Protection Regulation (GDPR) last week and the related data protection legislation, which I launched with Minister of State Breen in February this year, will have a significant impact on any new data sharing arrangements between industry members and between the industry and An Garda Síochána. As such, the establishment of any new data sharing structures will require careful consideration against the changes to the legislative landscape.
As a starting point, it is necessary for a review to be undertaken by the insurance industry of the information held on Insurance Link in the context of the GDPR. It is also necessary for the industry to assess in more detail what specific additional data is proposed to be shared and in what additional circumstances such data is proposed to be shared. It is essential that a critical balance is identified to ensure that data sharing between insurers is maximised while, at the same time, the data rights of the public are protected. Any changes, therefore, to the existing data-sharing arrangements for the purposes of Insurance Link must be proportional to their effect.
I am informed that Insurance Ireland expects to complete a detailed DPIA in this regard by the end of August 2018.
Recommendation 26 of the same report relates to exploring the potential for further cooperation between the insurance sector and An Garda Síochána in relation to insurance fraud investigation. Specifically, this involves considering the feasibility of establishing a specialised and dedicated insurance fraud unit within An Garda Síochána, funded by industry.
The Garda National Economic Crime Bureau (GNECB) has engaged with Insurance Ireland, submitting a mechanism for further cooperation and a costed proposal to Insurance Ireland in the latter half of 2017. Insurance Ireland has agreed to explore the proposal further, subject to a full cost benefit analysis, to be carried out by Insurance Ireland’s Chief Financial Officers Working Group. The intention would be that such a dedicated Garda unit would be funded by Insurance Ireland members and non-members alike, i.e. all entities writing non-life insurance business in Ireland.
Further progress on this recommendation is dependent upon the outcome of this cost benefit analysis, which is currently awaited. Insurance Ireland has indicated that it expects to be in a position to provide an update in this regard by the end of June 2018.
Any proposed agreed mechanism will, of course, ultimately be subject to the approval of the Garda Commissioner and myself, as Minister for Justice and Equality.
Recommendations 11 and 12 of the Report on the Cost of Employer and Public Liability Insurance relate to the production of statistics relating to the number of complaints, investigations, prosecutions and convictions relating to fraud within the personal injuries area. My Department has liaised with the GNECB in relation to the production of these statistics, and I am informed that the necessary Pulse update is anticipated to be in place by the end of June 2018.
Recommendation 13 of the Report on the Cost of Employer and Public Liability Insurance is aimed at developing a set of guidelines in respect of the reporting of suspected fraudulent insurance claims. The aim is to have a clear path to streamline the process of reporting suspected fraud and to ensure that complaints are received by the relevant sections in An Garda Síochána. A ‘Fraud Roundtable’ has been convened on a number of occasions to work towards implementation of this recommendation. The roundtable comprises the GNECB, my Department, the Courts Service, the DPP, Insurance Ireland and the Department of Finance.
While guidelines were published in 2004, these have only been used to a very limited extent over the years and the Cost of Insurance Working Group proposed that a new set of guidelines should be developed, using the 2004 protocol as a starting point. In line with the intention to use the existing guidelines to inform the drafting of new, fit for purpose guidelines, An Garda Síochána has produced a draft document which has been communicated to Insurance Ireland. The draft document proposed a number of changes to the section of the existing guidelines concerning the station or section within An Garda Síochána to which a formal complaint should be made. Insurance Ireland signalled its agreement with the changes proposed at the roundtable session on 26 March 2018.
At this same session, it was also agreed that further consultations with stakeholders regarding the proposed guidelines would take place, including with insurance providers not represented by Insurance Ireland, and a meeting to this effect was held on 27 April 2018, with a further meeting to be scheduled in the near future.
The Fraud Roundtable also proposes to examine the follow-on procedure in circumstances where fraud or exaggeration is identified in court or acknowledged by a judge.
Agreement on the new set of guidelines is expected to be completed on time in Quarter 3 2018.
The Courts Service and An Garda Síochána are engaging with my Department on an ongoing basis in relation to the recommendations of the Cost of Insurance Working Group.
The Deputy may also be interested to note that the Department of Finance issues regular quarterly updates on its website in relation to the implementation of the respective reports of the Cost of Insurance Working Group, the latest (fifth) of which was published on 11 May 2018.
Garda Training
Ceisteanna (276)
Jim O'Callaghan
Ceist:276. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of members of An Garda Síochána that have received specialist training to interview children as witnesses, victims and suspects; and if he will make a statement on the matter. [23131/18]
Amharc ar fhreagraFreagraí scríofa
As 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 training and I, as Minister, have no direct role in the matter.
I have requested the specific information sought by the Deputy from the Commissioner and I will write to him on receipt of same.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
Transport Policy
Ceisteanna (277)
Jack Chambers
Ceist:277. Deputy Jack Chambers asked the Minister for Justice and Equality the progress he has made with the Ministers for Transport, Tourism and Sport, Housing, Planning and Local Government, Culture, Heritage and the Gaeltacht, the Garda Commissioner and other relevant agencies in identifying more effective possible solutions which can assist in dealing with the use of scrambler and quad bikes; the responsibilities he has assigned to each agency; the timeframe in this regard; and if he will make a statement on the matter. [23133/18]
Amharc ar fhreagraFreagraí scríofa
The Deputy will be aware that a cross-agency meeting took place at my Department on 25 April 2018. The meeting was attended by officials from my Department; the Departments of Transport, Tourism and Sport; Housing, Planning and the Environment; and Culture, Heritage and the Gaeltacht; An Garda Síochána; the Road Safety Authority; and the Revenue Commissioners. My Department also met separately with a representative from Dublin City Council on 23 April.
The purpose of the cross-sectoral meeting was to ascertain whether there are additional legislative or other solutions, which can assist in dealing with the misuse of scramblers and quad bikes more comprehensively, with a view to determining responsibility and timeframes for implementation of solutions identified.
I am advised that the meeting took account of a range of perspectives on the misuse of scramblers and quad bikes, and also considered the experiences currently being encountered in tackling this matter.
By way of next steps, my Department’s officials will engage with the Office of the Attorney General to obtain legal advice in relation to the interpretation of a number of relevant pieces of legislation identified at the meeting to determine whether any legislative amendments are necessary to assist in curbing anti-social activity insofar as scramblers and quad bikes are concerned. Detailed correspondence to the Attorney General has been prepared and circulated to all of the meeting participants for their observations and will issue shortly.
My officials are also identifying issues to form the basis of further consultations with local authorities in the context of the positive engagement fostered by local authorities with local communities, examples of which include community and youth-centred projects, such as the various horse projects. The experiences of local authorities involved in these and other projects will be very informative to my Department in terms of assessing the contribution that such collaborative approaches can make to reducing the misuse of these vehicles.
An important element of this issue is the misuse of scramblers and quad bikes by minors. I am advised that the Road Safety Authority (RSA) intends to run a safety campaign later this year with the aim of discouraging those who may consider purchasing scramblers or quad-bikes as Christmas presents for minors. The RSA is currently considering the optimum time to launch this campaign. I might add that the RSA targets road safety awareness campaigns at young people throughout the school curriculum.
The Deputy will be aware that the supply of mechanically propelled vehicles to persons under 16 and 17 (depending on the vehicle) constitute offences under Section 30 of the Road Traffic Act 2004.
I remain committed to actively supporting any positive actions that can be pursued to counteract the serious public safety issues associated with the misuse of scramblers and quad bikes.
Immigration Controls
Ceisteanna (278)
Noel Rock
Ceist:278. Deputy Noel Rock asked the Minister for Justice and Equality his plans to review the immigration checks at Dublin Airport in view of frequent complaints; and the actions that are being taken to review the length of time it is taking to process persons at the airport since the civilianisation of the checks. [23176/18]
Amharc ar fhreagraFreagraí scríofa
The empirical evidence available to the Irish Naturalisation and Immigration Service (INIS) of my Department, who operate the front line immigration service at Dublin airport, shows that the vast majority of arriving passengers are immigrated in a matter of minutes. Information supplied by Dublin Airport Authority (DAA) relating to time taken for arriving passengers to be immigrated shows that over 90% of all travellers are processed through immigration control in a matter of minutes. This percentage figure is significantly higher for passengers of EU nationalities. This is in the context of passenger numbers at Dublin Airport reaching record levels last year with almost 30 million passengers using the airport and compares very favourably with other modern airports in other jurisdictions.
I am also advised by INIS that the number of complaints it directly receives in relation to delays is extremely small - on average 60 per annum or to put it another way, 0.0004% of inbound passengers in 2017. It is the case that sometimes social media is used by passengers to raise concerns. On occasions when INIS has examined some of this coverage, it often transpires that passengers measure the time taken to clear all aspects of the arrival process, including embarking from the aircraft, baggage collection, customs, etc. with the immigration process only accounting for a portion of this period.
However, there are specific pressure points outside of the control of the immigration authorities that can create some delay. Typically, this arises when a very high number of flights arrive within a specific time period (which occurs at Terminal 1 in the late evening period) with consequent increases to passenger numbers within these peak times. This situation can be compounded when, in addition to scheduled arrivals, delayed flights also land during these peak periods.
Additional immigration officers have been recruited for the airport and the allocation of personnel is designed to have the maximum number of staff on duty during the peak periods so that all available immigration booths are operational at these times. The number of available booths is a function of the physical infrastructure at each Terminal. Every effort is made by immigration officers to exercise their function as speedily as possible consistent with the requirement to protect our borders and facilitate legitimate travellers.
While the immigration authorities at Dublin Airport have no control over the number of flights, their scheduling or actual arrival times, they have an excellent relationship with the DAA and air carriers. All parties work closely together across a number of fronts to address capacity and queue management where they arise to alleviate congestion, to maximise passenger throughput, and ensure waiting times are kept to a minimum.
I might add that automatic border control ‘eGates’ have been operational at Dublin Airport since 30 November last. The eGates are open to Irish and EU e-passport holders over the age of 18 and it is planned that their use will be extended to other categories of passengers as the programme develops. While their purpose is primarily an immigration control facility, they do have the effect of contributing overall to increased immigration processing capacity, particularly during spikes in passenger arrivals.
Direct Provision Data
Ceisteanna (279)
Clare Daly
Ceist:279. Deputy Clare Daly asked the Minister for Justice and Equality the number of direct provision residents over 18 years of age who have been in the asylum process for nine months or more and have not yet received a first instance decision. [23263/18]
Amharc ar fhreagraFreagraí scríofa
There are 1,317 Direct Provision residents over 18 years of age that have been in the protection process for nine months or more and have not yet received a first instance decision.
As of 17 May 2018, over half of cases in the International Protection Office awaiting a first instance decision and where the applicant is accommodated under the system of Direct Provision, are less than one year in the system, while 95% are two years or less and 99.5% are three years or less. This is a major improvement from the situation when the McMahon Working Group reported on the matter in June 2015.
On 31 December 2016, the International Protection Act 2015 was commenced, providing for a single application procedure. The 2015 Act replaces the previous sequential application system with a single application process, for asylum, subsidiary protection and permission to remain in the State, bringing Ireland into line with the processing arrangements applicable in other EU Member States. However, the Act also contained transitional arrangements which has put further pressures on processing. The main challenge now faced is the need to quickly process the substantial number of cases on hand many of which were carried over from the previous system.
Garda Operations
Ceisteanna (280)
John Deasy
Ceist:280. Deputy John Deasy asked the Minister for Justice and Equality the breakdown of the divisional data contained in the August 2017 report into the examination of the recording of breath tests at mandatory alcohol and intoxicant testing checkpoints by Garda district. [23289/18]
Amharc ar fhreagraFreagraí scríofa
I have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
A referred reply was forwarded to the Deputy under Standing Order 42A.
Garda Transport Data
Ceisteanna (281)
Thomas P. Broughan
Ceist:281. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of additional marked motorcycles allocated to the roads policing unit in each of the years 2015 to 2017 and to date in 2018; if this number will be further increased in 2018; the number of motorcycles withdrawn from the roads policing unit in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [23333/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. As Minister, I have no direct role in the matter.
I can confirm, however, that this Government is fully committed to tackle all forms of criminality and this is evidenced by the increased allocation of resources to An Garda Síochána in recent times.
The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and this is in addition to the investment of almost €30 million in the period 2013 to 2015.
I am informed by the Garda authorities that the information requested by the Deputy in relation to marked motorcycles is outlined in the following table:
Marked motorcycles allocated to and withdrawn from Roads Policing
(*all figures as at 31 December unless otherwise stated)
|
Year |
Allocated |
Withdrawn |
|
2015 |
0 |
32 |
|
2016 |
48 |
11 |
|
2017 |
0 |
11 |
|
2018 (as at 28 May) |
3 |
4 |
I understand from the Garda authorities that as of 29 May 2018 there are 115 motorcycles in the Garda fleet, of which 92 are attached to Roads Policing. The allocation of Garda vehicles is monitored and reviewed by the Garda authorities on a continual basis and vehicles are allocated between districts as required by operational circumstances. I further understand from the Garda authorities that it is not planned to purchase additional motorcycles in 2018.
Road Traffic Legislation
Ceisteanna (282)
Thomas P. Broughan
Ceist:282. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on garda operation rickshaw; the number of persons arrested and charged to date; the number of successful convictions obtained to date; and if he will make a statement on the matter. [23334/18]
Amharc ar fhreagraFreagraí scríofa
Issues relating to the regulation of rickshaws under road traffic legislation are for my colleague the Minister for Transport, Tourism and Sport, Mr. Shane Ross, T.D. to consider.
As I have previously indicated, the involvement of rickshaw drivers in the supply of illegal drugs is a matter of considerable concern. This is particularly so having regard to the potential risks to the safety and security of people who travel in rickshaws as passengers, but also members of the public generally. Drug dealing, wherever it occurs and whatever form it takes, brings risks to everybody, be they buyers, sellers or members of An Garda Síochána.
Operational strategies and initiatives undertaken by An Garda Síochána are supported and supplemented when necessary by Regional and National Units such as the Garda National Drugs and Organised Crime Bureau and the Criminal Investigation Bureau, as well as the Criminal Assets Bureau. Multi-disciplinary approaches are utilised to ensure that those involved in illicit drugs activity are effectively targeted, as was recently seen in the Prime Time report of 'Wheeling and Dealing - Rickshaw Riders'.
An Garda Síochána's initiative in relation to drug dealing by rickshaw drivers took place between 1 May 2016 and 2 December 2017. During this period, Garda personnel attached to the Pearse Street Garda District identified eighty-seven (87) rickshaw drivers operating in the Dublin Metropolitan Region South Central who were suspected of committing offences contrary to Sections 3 and 15 of the Misuse of Drugs Acts 1977 to 2016. The arrested individuals are currently being pursued through the courts.
In addition, the Pearse Street Garda District, supported by the Garda National Drugs and Organised Crime Bureau, undertook a local crime prevention initiative on eighteen occasions, involving sixteen different rickshaw operators, to test purchase controlled drugs during the period 20 December 2016 and 17 March 2017.
It seems clear that An Garda Síochána is very much alive to the issue and that the illegal activity involved is closely monitored with successful on-going policing operations in the areas concerned. This was clearly evidenced in the Prime Time Report which showed undercover officers involved in a number of arrests on one given night.
Closed-Circuit Television Systems Provision
Ceisteanna (283)
Mattie McGrath
Ceist:283. Deputy Mattie McGrath asked the Minister for Justice and Equality the funding allocated for local community CCTV schemes; the amount drawn down; and if he will make a statement on the matter. [23356/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, the Programme for a Partnership Government commits to supporting investment in CCTV systems. In pursuance of this commitment, a community-based CCTV grant-aid scheme was launched by my Department in 2017 to assist groups in the establishment of community-based CCTV systems in their local areas. It is intended that the Scheme will run for 3 years with funding of €1 million being made available each year.
Under the scheme, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000.
There has been an increasing level of enquiries relating to the scheme. 11 applications have been received to date and I understand that a number of other applications are currently being finalised for submission.
4 applications under the scheme have been approved to date, with approved funding totalling almost €120,000. A further 4 applications are under active consideration. The remaining 3 applications received to date have been returned to the applicants concerned, to enable them to provide the information necessary to qualify for grant-aid.
Successful applicants receive an up-front payment of 50% of approved funding upon approval of the grant, with the balance to be paid when the CCTV system is fully operational. I can confirm that of the 4 approved applications, involving approved funding of almost €120,000, 1 of these CCTV systems is now fully operational and accordingly in that case, 100% of the grant awarded has been paid out. The initial grant payment of 50% of the approved total has been paid in the other 3 cases and in each case, the balance of the grant will be paid when these CCTV systems are fully operational.
It should be noted that the scheme is modelled closely on the previous grant-aid scheme operated by Pobal on behalf of my Department between 2005 and 2013, under which some 45 Community-based CCTV systems were established operating in a mix of urban and rural environments. However, both the application process and documentation were updated and streamlined as compared to the previous scheme, to make them more user-friendly. Support and guidance is also available to interested groups from my Department.
I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders and I would encourage interested groups to avail of the scheme. Full details of the grant aid package are available to download from my Department's website - www.justice.ie. In addition, my officials are available to provide assistance and guidance to any interested party, with a dedicated email address available for that purpose - communitycctv@justice.ie.
Home Repossessions Rate
Ceisteanna (284)
Michael McGrath
Ceist:284. Deputy Michael McGrath asked the Minister for Justice and Equality the number of proceedings outstanding in the Circuit Court for repossession of family homes by the year in which they were initiated; the number listed for hearing; the number that are adjourned; and if he will make a statement on the matter. [23433/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that court statistics and information are not compiled in such a way as to provide the detail sought by the Deputy. In order to provide the information sought it would involve a trawl of documentation for each court and require a disproportionate amount of staff time and resources to collate the data requested.
However, the Courts Service has advised that it would be in position to provide figures in relation to the number of proceedings lodged; the number of proceedings dealt with; and the number of adjournments granted for any timeframe that the Deputy might request, although please note that the figures for 2018 are not yet available.
Money Laundering
Ceisteanna (285)
Joan Burton
Ceist:285. Deputy Joan Burton asked the Minister for Justice and Equality his plans to introduce or extend existing anti-money laundering regulations to those companies providing secretarial services or independent trust and corporate services providers which are used to hide beneficial ownership of many companies; and if he will make a statement on the matter. [23487/18]
Amharc ar fhreagraFreagraí scríofa
Companies providing secretarial services or independent trust and corporate services providers are considered ‘designated persons’ under Section 25(1)(e) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended, and are therefore subject to anti-money laundering regulations. The 2010 Act obliges specific types of business to conduct customer due diligence (CDD) on their customers so as to satisfy themselves as to the true identity of the customer and the source of the funds being used by the customer, and to report any suspicions to An Garda Síochána and the Revenue (Suspicious Transaction Report or STR).
Designated persons will be subject to further obligations with the enactment of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2018 which is currently at second stage in the Houses of the Oireachtas. This Act will transpose the 4th EU Money Laundering Directive which imposes additional requirements on designated persons, in particular, to assess the risk of money laundering and terrorist financing and ensure policies are in place to mitigate the assessed risk.
Peace Commissioners Data
Ceisteanna (286)
Declan Breathnach
Ceist:286. Deputy Declan Breathnach asked the Minister for Justice and Equality the names and districts of peace commissioners in County Louth in tabular form; and if he will make a statement on the matter. [23495/18]
Amharc ar fhreagraFreagraí scríofa
I wish to advise the Deputy that Peace Commissioner records are appointment-based and they do not always reflect the actual situation on the ground because the Department is reliant on the Peace Commissioners themselves, and other interested parties, to advise of changes which may occur subsequent to appointment e.g. death, retirement, inactivity or relocation.
While every effort is made to maintain an accurate record of active Peace Commissioners, individuals requesting their services are advised to contact local Gardaí, to ensure that a particular listed individual is active and available.
The names and Sub-Districts of all appointed Peace Commissioners held on file in County Louth are as follows:
|
Sub-Districts |
Name |
|
Ardee |
Arthur, Michael |
|
Ardee |
Darcy, Owen |
|
Ardee |
Maguire, John |
|
Ardee |
Malone, Patrick |
|
Ardee |
Matthews, Frederick |
|
Ardee |
McKenny, Pádraig |
|
Ardee |
McMahon, James |
|
Ardee |
Melia, John |
|
Ardee |
Power, Joe |
|
Blackrock |
Cassidy, Sean |
|
Blackrock |
McKeown, James |
|
Blackrock |
Rocks, Eddie |
|
Blackrock |
Smyth, Dominic |
|
Blackrock |
Watters, John |
|
Carlingford |
Brady, Joseph |
|
Carlingford |
Campbell, James |
|
Carlingford |
Connolly, Sean |
|
Carlingford |
Finegan, Georgina |
|
Carlingford |
McKevitt, Stephen |
|
Carlingford |
Murnaghan, Bernard Joseph |
|
Carlingford |
Roddy, Patrick J. |
|
Carlingford |
Savage, Desmond |
|
Carlingford |
Thornton, Eamon Sean |
|
Carlingford |
Thornton, James |
|
Carlingford |
Woods, Owen Vivian |
|
Castlebellingham |
Lynch, James |
|
Castlebellingham |
Mahapatra, Dilip Narayan |
|
Castlebellingham |
McGrory, Thomas |
|
Castlebellingham |
McKeever, Patrick G. |
|
Castlebellingham |
Ó Caoilte, Seosamh Gearóid |
|
Castlebellingham |
Reilly, Tommy |
|
Clogherhead |
Kirwan, Anthony |
|
Collon |
Devine, Bernard |
|
Collon |
Duffin, Kay |
|
Collon |
Geraghty, Carmel |
|
Collon |
Geraghty, Maura |
|
Collon |
McCarthy, Jeremiah |
|
Drogheda |
Bell, Paul |
|
Drogheda |
Bohan, Cormac |
|
Drogheda |
Cheevers, Richard |
|
Drogheda |
Clarke, Carmel |
|
Drogheda |
Colville, Joseph |
|
Drogheda |
Coyle, Michael N. |
|
Drogheda |
Cunningham, Anthony |
|
Drogheda |
Dunne, Elizabeth Marie |
|
Drogheda |
Gavin, Edward |
|
Drogheda |
Gibney, Joseph |
|
Drogheda |
Govern, Peter J. |
|
Drogheda |
Higgins, Michael |
|
Drogheda |
Mac Raghnaill, Donnchadha |
|
Drogheda |
Maher, Francis N. |
|
Drogheda |
Marley, Michael |
|
Drogheda |
Martin, Damien |
|
Drogheda |
McCormack, Seán |
|
Drogheda |
McCullough, Patrick |
|
Drogheda |
McGrath, Redvers |
|
Drogheda |
McKenna, Bernard |
|
Drogheda |
Murphy, Jacinta |
|
Drogheda |
Murphy, Thomas |
|
Drogheda |
Quinn, Desmond |
|
Drogheda |
Sweeney, Eamon |
|
Drogheda |
White, Ray |
|
Dromad |
Cummiskey, James |
|
Dromad |
Flynn, Thomas |
|
Dromad |
McArdle, Seamus |
|
Dromad |
Noonan, Patrick J. |
|
Dromad |
Weherley, John |
|
Dundalk |
Brennan, Martin B. |
|
Dundalk |
Callan, Patrick |
|
Dundalk |
Campbell, Patrick Pearse Marie |
|
Dundalk |
Carney, Francis |
|
Dundalk |
Carney, Frank |
|
Dundalk |
Casey, Desmond C. |
|
Dundalk |
Darcy, Thomas |
|
Dundalk |
Gallagher, Joseph |
|
Dundalk |
Gover, Gerard A. |
|
Dundalk |
Martin, Stephen |
|
Dundalk |
McQuaid, Brendan |
|
Dundalk |
Meehan, John |
|
Dundalk |
O'Callaghan, Dermot |
|
Dundalk |
O'Hanrahan, Pearse |
|
Dundalk |
O'Neill, Brian |
|
Dundalk |
Reilly, Henry |
|
Dundalk |
Ryan, Seán |
|
Dundalk |
Teather, Gerard |
|
Dundalk |
Temple, Martin A. |
|
Dundalk |
Watters, Francis |
|
Dunleer |
Clare, Thomas |
|
Dunleer |
McGuinness, James Joseph |
|
Hackballscross |
Gogarty, Maureen |
|
Hackballscross |
Quinn, Owen Joseph |
|
Louth |
Caulfield, Eugene |
|
Louth |
Faul, James J. |
|
Louth |
Hatrick, Leonard John |
|
Louth |
Keenan, Patrick |
|
Louth |
Kirk, John |
|
Louth |
Neasy, Dympna |
|
Louth |
Sharkey, Paddy |
|
Louth |
Sharkey, Thomas |
|
Omeath |
Elmore, John |
|
Omeath |
Ward, Philip |
Cyberbullying Issues
Ceisteanna (287)
James Browne
Ceist:287. Deputy James Browne asked the Minister for Justice and Equality if the need to amend section 5 of the Non-Fatal Offences Against the Person Act 1997 has been examined in order to include cyberbullying; and if he will make a statement on the matter. [23496/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the Law Reform Commission produced a report on Harmful Communications and Digital Safety in September 2016. This report contained a number of recommendations to improve the criminal justice and regulatory response to harm perpetrated online. There is a growing concern around the whole area of online harm, which can include cyber-bullying and other behaviours such as distributing intimate images without consent. It was intended that my Department would bring forward legislation to give effect to the criminal law aspects of that report. However, due to competing legislative priorities, progress was not as rapid as I had hoped.
In 2017, Deputy Howlin introduced a Private Member’s Bill to address the same issues outlined in the 2016 LRC report. The Harassment, Harmful Communications and Related Offences Bill completed second stage in the Dáil in January 2018 and was not opposed by Government. Cabinet approval was recently given to discontinue work on the Government Bill and to support Deputy Howlin’s Bill to ensure that legislation can be enacted as swiftly as possible. The main provisions of the Bill as published include:
- A new offence of non-consensual distribution of intimate images with/without intent to cause harm or distress (generally referred to as “revenge pornography”). This will also be a sexual offence for the purpose of the Sex Offenders Act 2001, if an individual convicted is sentenced to a term of imprisonment. Whether the person against whom the offence was committed is underage or unable to guard themselves from harm is intended to be an aggravating factor to be considered in sentencing for the offence of non-consensual distribution of an image.
- The existing offence of sending threatening or indecent messages will be extended to apply to all threatening, false indecent and obscene messages using any form of online or traditional method of communications.
- The existing offence of harassment as contained in section 10 of the Non-Fatal Offences Against the Person Act, 1997 will be extended to include all forms of communication, including through online or digital communications.
My officials will be meeting with Deputy Howlin in the coming weeks with the intention of bringing forward Government amendments to ensure the Bill can be safely enacted. Any further amendment to the Non-Fatal Offences Against the Person Act, 1997 will be considered at that juncture. It is hoped that the Bill can be enacted by the end of the year.
Judicial Appointments
Ceisteanna (288)
Jim O'Callaghan
Ceist:288. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if barristers that are working outside of the Law Library as in-house counsel are eligible for appointment as judges; and if he will make a statement on the matter. [23610/18]
Amharc ar fhreagraFreagraí scríofa
Judges are appointed by the President on the advice of the Government.
Eligibility for appointment to judicial office is as set out in paragraphs (1) to (3) below as regards ordinary judge of the District Court, ordinary judge of the Circuit Court, and ordinary judge of the Superior Courts.
As regards the offices of Chief Justice, and President of a Court, the Government must have regard first to serving judges.
The below mentioned laws make no distinction between members of the Bar of Ireland or otherwise. Nor do they specify in what capacity a barrister needs to have practised, be that in-house or otherwise.
The Judicial Appointments Commission Bill (section 32 of Bill No.71a of 2017) will amend the law in two related respects: First, it introduces a new measure whereby a judge of the District Court will qualify for appointment as a judge of the High Court. Second, it will enable a legal academic (as defined in the Bill), who, at the time of appointment, is a barrister or solicitor, and has practised as such for a continuous period of at least four years to qualify for appointment to judicial office, provided that, amongst other things, the person is at the time of appointment a barrister or solicitor.
(1) Ordinary Judge of the District Court
In accordance with section 29 of the Courts (Supplemental Provisions) Act, 1961, as amended by section 6 of the Courts and Court Officers Act, 2002, the following persons shall be qualified for appointment as a Judge of the District Court:
(a) a person who is in the time being a practising barrister or a practising solicitor of not less than ten years standing.
(b) a barrister or solicitor who actually practised his/her profession for not less than ten years, if for the time being s/he holds an office in respect of which it was, at the time of his/her appointment thereto, required by statute that every person appointed thereto should be or should have been:
(i) a practising solicitor
(ii) a practising barrister or solicitor.
Where a person has practised as a barrister and as a solicitor, such periods of practice may be aggregated and reckoned to satisfy the minimum practice requirements for appointment as a Judge.
(2) Ordinary Judge of the Circuit Court
Under section 17 of the Courts (Supplemental Provisions) Act, 1961, as amended by section 2(2) of the Courts Act, 1973, section 30 of the Courts and Court Officers Act, 1995, section 5 and 6 of the Court and Court Officers Act, 2002 and section 188 of the Personal Insolvency Act 2012, a person who is a practising barrister or practising solicitor of not less than 10 years standing is qualified for appointment as a Judge of the Circuit Court.
a) a Judge of the District Court is qualified for appointment as a Judge of the Circuit Court
b) a county registrar who practised as a barrister or a solicitor for not less than ten years before he or she was appointed to be a county registrar is qualified for appointment as a Judge of the Circuit Court.
c) a specialist judge of the Circuit Court is qualified for appointment as a judge of the Circuit Court.
d) where a person has practised as both a barrister and a solicitor, such periods of practice may be aggregated and reckoned to satisfy the minimum practice requirements for appointment as a judge.
(3)Ordinary Judge of the Superior Courts:
Section 5 of the Courts (Supplemental Provisions) Act, 1961, as amended by the Courts and Court Officers Act, 1995, the Courts and Court Officers Act, 2002 and the Court of Appeal Act, 2014, provides that the following persons shall be qualified for appointment as a Judge of the Superior Courts:
(2) (a) Subject to paragraphs (b) and (c) of this subsection, a person shall be qualified for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court if the person is for the time being a practising barrister or a practising solicitor of not less than 12 years' standing who has practised as a barrister or a solicitor for a continuous period of not less than 2 years immediately before such appointment.
(b) A person who—
(i) is or was at any time during the period of 2 years immediately before the appointment concerned—
(I) a judge of the Court of Justice of the European Communities,
(II) a judge of the Court of First Instance attached to that Court,
(III) an Advocate-General of the Court of Justice of the European Communities,
(IV) a judge of the European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950,
(V) a judge of the International Court of Justice established under the Charter of the United Nations,
(VI) a judge of the International Criminal Court established under the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998, upon the entry into force of that Statute,
(VII) a judge of an international tribunal within the meaning of section 2 of the International War Crimes Tribunals Act, 1998 ,
and
(ii) was a practising barrister or a practising solicitor before appointment to any of the offices referred to in subparagraph (i) of this paragraph,
shall be qualified for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court.
(c) A judge of the Circuit Court who has served as such a judge for a period of not less than 2 years shall be qualified for appointment as a judge of the Supreme Court, the Court of Appeal or the High Court
(3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court, President of the Court of Appeal or as Chief Justice.
(4) The President of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.
(5) An ordinary judge of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court, President of the Court of Appeal or as Chief Justice.
(6) The President of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the Court of Appeal or Chief Justice.
(7) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice.
Garda Reports
Ceisteanna (289)
Alan Kelly
Ceist:289. Deputy Alan Kelly asked the Minister for Justice and Equality the actions that have been taken as a result of the 2012 Garda professional standards report into the Bray district, which found serious failings; when the actions were taken; the person who took the actions; if assurances will be given that the district is not operating in a similar fashion at present; and if he will make a statement on the matter. [23644/18]
Amharc ar fhreagraFreagraí scríofa
The information sought by the Deputy is currently not to hand. A request has been made to the Garda Commissioner and when the information is received I will write to the Deputy directly.
A referred reply was forwarded to the Deputy under Standing Order 42A.
Urban Development
Ceisteanna (290)
Bernard Durkan
Ceist:290. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the attention of the land values reference committee has been drawn to the outstanding arbitration process holding up development at the town centre, Naas, County Kildare; the efforts likely to be made to address the issue in the near future; and if he will make a statement on the matter. [23645/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, when the State compulsorily acquires land for public purposes and there is a dispute between the vendor and the purchaser regarding the amount of compensation which should be paid, the vendor may apply to the Land Values Reference Committee (comprising the Chief Justice, the President of the High Court and the President of the Society of Chartered Surveyors of Ireland) for the appointment of a Property Arbitrator to arbitrate on the amount to be paid.
In order to be of assistance to the Deputy, I have made enquiries and the Courts Service has informed me that the remit of the Land Value Reference Committee, established under the Acquisition of Land (Assessment of Compensation) Act 1919 and reconstituted under the Acquisition of Land (Reference Committee) Act 1925, is to appoint and maintain a panel of property arbitrators and to refer to that panel for arbitration the assessment of disputed claims for compensation arising under various statutory regimes authorising compulsory acquisition of land or rights relating to land. The Committee has no oversight function in respect of the property arbitrators. Furthermore neither the Courts Service nor my Department has any function in relation to the work programme of property arbitrators who are appointed by the Land Values Reference Committee.
The Courts Service has further informed me that there is currently one full-time property arbitrator and seven temporary part-time arbitrators available to be nominated to act in cases in which the property arbitrator is unable to act and that the Courts Service is satisfied that this is sufficient to meet the demand for services in this area.