Written Answers Nos. 1103-1126
1103. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); and if she will make a statement on the matter. [30645/21]
Amharc ar fhreagraI can advise the Deputy that the person concerned has permission to remain in the State, on immigration stamp 1 conditions, without a requirement to obtain an employment permit, up to 20 September 2021. This is as a result of the temporary extensions of permissions that have been introduced due to the COVID-19 pandemic. The automatic extension of permission is on the same basis as the person’s existing permission and the same conditions attach.
The person concerned has also lodged a formal application for renewal of permission to remain. This application will be processed to completion in due course.
Queries in relation to the status of individual Immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) 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 is, in the Deputy's view, inadequate or too long awaited.
1104. Deputy Thomas Pringle asked the Minister for Justice if her attention has been drawn to issues raised at the meeting of the Oireachtas Committee on Justice regarding discussions about GDPR and data protection; the work her officials are undertaking in this regard; and if she will make a statement on the matter. [30646/21]
Amharc ar fhreagra1105. Deputy Thomas Pringle asked the Minister for Justice if she plans to bring forward further legislation relating to the Data Protection Commission and Commissioner; the work her officials are undertaking in this regard; and if she will make a statement on the matter. [30647/21]
Amharc ar fhreagraI propose to take Questions Nos. 1104 and 1105 together.
Under the General Data Protection Regulation and the Data Protection Act 2018, the Data Protection Commission is independent in the performance of its tasks and the exercise of its powers.
As the Deputy will appreciate, I was not invited to attend the Joint Committee on Justice to discuss the General Data Protection Regulation (GDPR) and therefore cannot comment on the issues raised.
The Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.
The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy.
While I have no proposals to amend the primary legislation, my Department continues to monitor the impact of the implementation of GDPR; and the impact of any possible future regulatory changes across Europe as well as any changes within industry. My Department also works closely in conjunction with the Data Protection Commission, to ensure that the Commission continues to have the resources required to fulfil its important statutory obligations. There has been a year-on-year increase in funding for the Data Protection Commission over the last four budgetary years, reflecting the Government’s continued commitment to support it in the ongoing roll-out and delivery of its national and international responsibilities.
1106. Deputy Thomas Gould asked the Minister for Justice the number of convictions or fines and the number of court appearances, respectively, resulting from equine seizures in Cork city and county in each of the years 2015 to 2020 and to date in 2021, in tabular form. [30674/21]
Amharc ar fhreagraAs the Deputy will appreciate, the relevant legislation surrounding control of horses, namely the Control of Horses Act 1996 (as amended), is the responsibility of my colleague, the Minister for Agriculture, Food and the Marine.
Under the Act, the relevant local authority is vested with powers to nominate authorised persons to establish control zones for the control of horses within their area of responsibility and to prosecute offences under the Act in their own name. As these matters rest within the remit of the local authorities, I am unable to comment on them as Minister.
To be of assistance, however, I have contacted An Garda Síochána and the Courts Service and have been advised of the following.
The Garda Authorities have advised that there are no offences under the Control of Horses Act 1996 that are designated as Fixed Charge offences. As such, there are no fines issued by An Garda Síochána for offences under the Act.
The Courts Service have advised that at present the Courts have no specific codes for the Deputy's query. Codes have been provided by the Courts Service to An Garda Síochána but, to date, they have not been implemented on the Garda systems.
There may have been prosecutions but they would be recorded by way of uncoded free text on the Courts Service system by individual prosecutors and the Courts Service are unable to run reports on such free text. Unfortunately, the Courts Service is unable to provide any statistics as requested by the Deputy as a result.
1107. Deputy John Paul Phelan asked the Minister for Justice the reason the fees imposed on personal applicants in respect of probate applications is far greater than the amount which solicitors are charged; and if she will make a statement on the matter. [30677/21]
Amharc ar fhreagraAs the Deputy will be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided me with the following update in relation to probate fees.
The fees or stamp duty charged by the Courts Service in respect of personal applicants are set out in Part 8 of the Superior Court Fees as per S.I. No. 492 of 2014, as amended. This provides that the total fee payable for a grant sought by a personal applicant under certain headings shall be double that charged if the grant is not sought by personal application e.g. a solicitor.
The Courts Service advises that the difference in the fee charged reflects the work involved. The Probate Office will complete the documentation for a personal applicant. It does not offer this service for solicitor applications.
1108. Deputy Francis Noel Duffy asked the Minister for Justice the status of the work of the interdepartmental group chaired by her Department to examine misuse of vehicles, namely scramblers and quad bikes; and if she will make a statement on the matter. [30692/21]
Amharc ar fhreagraThe Government is strongly committed to tackling the issue of misuse of scramblers and similar vehicles.
As the Deputy may be aware, Minister Ryan, who has responsibility for road traffic legislation, is bringing forward legislative proposals to increase Garda powers in this area, including in relation to the seizure of vehicles.
In parallel with this work, I secured Cabinet approval in April for a community based approach to diversion from anti-social misuse of scramblers. This followed on from the work of a sub-group of the Forum on Anti-Social Behaviour, which I chair, to consider community-based approaches to address the misuse of scramblers and quad bikes as part of the overall package of Government measures to tackle the issue.
This initiative is centred around Garda Youth Diversion Projects (GYDPs) who are being invited to lead on the development of proposals for community-based interventions to work with young people involved in anti-social use of these vehicles and related crime and anti-social behaviour. GYDPs will be required to consult with other local interests, including An Garda Síochána, and to create a local consortium which will include the local authority. It is envisaged that the local authority partner will in general be responsible for provision of tracks and related facilities.
In May, my Department invited the GYDPs to present proposals for the scheme to offer positive alternatives to young people engaged in anti-social use of scramblers, including specific contact with GYDPs in areas that are most affected by this issue.
I should stress that this initiative is focussed on young people at risk of crime and anti-social behaviour and specifically anti-social use of these vehicles. It is not intended to duplicate the responsibilities of mainstream youth services or to fund motocross or similar sports as such.
It is hoped that this combined approach of increased Garda powers to tackle the misuse of scramblers, while at the same time creating alternative options for those who wish to use such vehicles safely and legally, will have a significant impact in tackling the problem.
In the meantime, members of the public who are concerned about any individual misuse of scramblers should contact An Garda Síochána.
1109. Deputy Neale Richmond asked the Minister for Justice if she has considered amending the Irish Nationality and Citizenship Act 1956 to allow for children to receive Irish citizenship in cases in which their parents had applied for Irish citizenship at the time of their birth but the application had not been processed (details supplied); and if she will make a statement on the matter. [30697/21]
Amharc ar fhreagraEntitlement to Irish citizenship is determined by the Irish Nationality and Citizenship Act 1956, as amended, under which Irish citizenship may be obtained by birth, by descent, or by naturalisation.
The requirements for foreign births registration are set out in section 27 of the Act, and are administered by the Department of Foreign Affairs. That Department manages the process for those applications and further details are available on their website at: www.dfa.ie.
However, any changes or amendments to the 1956 Act are a matter for my Department. It should be noted that the lodging of an application for entry to the foreign births register is not a guarantee that the application will be approved. Therefore, amending the Act to provide for such a scenario would not be considered appropriate. Nor is it considered necessary. The current legislation does not say that the child will be ineligible for citizenship if their parent is not included on the foreign birth register prior to their birth. As soon as the parent is registered, the child will be entitled to citizenship.
While all legislation is kept under review, I can inform the Deputy that there are no plans to amend the 1956 Act in the manner suggested for the reasons outlined.
1110. Deputy Darren O'Rourke asked the Minister for Justice the amount spent on purchasing mountain bikes for An Garda Síochána in 2020 and to date in 2021, in tabular form. [30729/21]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including any decisions in relation to the purchase and allocation of Garda equipment and vehicles. As Minister for Justice, I have no direct role in these matters.
I am informed by the Garda authorities that An Garda Síochána has not purchased mountain bikes during 2020 and to date in 2021.
1111. Deputy Darren O'Rourke asked the Minister for Justice the number of staff nationally involved in investigating material on mobile telephones, computers and so on, relating to child sexual offences; and the qualifications needed for such work. [30730/21]
Amharc ar fhreagraAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. This includes deployment of personnel among the various Garda Divisions and units. As Minister, I have no direct role in the matter.
As the Deputy may be aware, the Garda National Cyber Crime Bureau is the national unit responsible for digital forensics in An Garda Síochána, which includes the forensic examination of computer media seized or surrendered in criminal and disciplinary investigations, including those involving child exploitation offences. I am advised by the Garda authorities that forensic examiners undergo extensive training in cyber forensics including methodology, examination tool sets and evidential data interpretation in line with international best practices.
I am informed that all Garda Síochána Districts have the capability to forensically examine mobile phones and associated media seized or surrendered during the course of criminal investigations. I am advised that mobile device examiners within An Garda Síochána undergo dedicated training and are provided with the necessary equipment and tool sets to complete this function. Mobile device examiners are supported in their role by experts attached to Garda ICT and for more complex cases, the Garda National Cyber Crime Bureau.
I am also informed that the Garda National Cyber Crime Bureau has fifty-one Garda personnel attached to its National Bureau in Harcourt Square and four satellite hubs in Cork, Galway, Mullingar and Wexford, engaged in cybercrime forensics, investigations and support roles.
1112. Deputy Darren O'Rourke asked the Minister for Justice the number of gardaí by rank attached to Meath roads policing unit as of 1 June 2020 and 1 June 2021, in tabular form. [30731/21]
Amharc ar fhreagraThe Deputy will be aware that the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána. The Commissioner is also responsible for the allocation and efficient use of Garda resources including the deployment of personnel. As Minister, I have no direct role in those matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
I am informed that the Commissioner established the Garda National Roads Policing Bureau (GNRPB) to ensure a consistent approach to road safety and enforcement of road traffic legislation across the country. This is achieved through coordination of enforcement and development of policy based on research and analysis of statistics and by engaging in campaigns in partnership with other State agencies.
I also understand that in addition to the roads policing units focusing on the road traffic offences of speeding, seatbelts, mobile phones and driving under the influence, they also focus on crime prevention and crime detection. Divisional roads policing units work closely with other Divisional units to target known criminals and to disrupt their activities through strict enforcement of road traffic legislation.
It is also important to note that road traffic legislation is enforced as part of the day-to-day duties of all members of An Garda Síochána, as well as through specific enforcement operations.
I am advised by the Garda authorities that the strength of roads policing units on the 30 April 2021, the latest date for which figures are available, stood at 739. I am further advised that 2 Sergeants and 16 Gardaí were assigned to roads policing duty in the Meath Division as at 30 April 2021. In addition, there was 1 Superintendent attached to the Eastern Region and 1 Chief Superintendent, 2 Superintendents, 2 Inspectors and 1 Sergeant attached to the Garda National Roads Policing Bureau in Garda HQ.
Detailed information in relation to Garda numbers is available on the Department of Justice website. This information is updated every month with the latest data provided by An Garda Síochána at the following link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
1113. Deputy Darren O'Rourke asked the Minister for Justice the number of civilian cyber-security experts employed by An Garda Síochána currently attached to the Garda National Cyber Crime Bureau in 2019, 2020 and to date in 2021, in tabular form. [30732/21]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. This includes deployment of Garda Staff among the various Garda Divisions and units. As Minister, I have no direct role in the matter.
I am advised by the Garda authorities that the Garda National Cyber Crime Bureau (GNCCB) currently have a number of supporting Garda staff to assist with the operations and administration of the Bureau. This staffing allocation is expanding in line with the recommendations of the Report of the Commission on the Future of Policing in Ireland.
I am further advised that a business case has recently been submitted for an additional twenty-five Garda staff in supporting roles in GNCCB. This will enhance the capacity and expertise of the Bureau, with the intention for twenty of these Garda staff being employed as digital forensic analysts to support digital forensics and cybercrime investigations conducted at the Bureau.
I am informed by An Garda Síochána that the following tables provide the breakdown of the numbers of Garda staff and Garda members attached to GNCCB at end 2019 and 2020 and at end May 2021.
|
Garda Staff – Garda National Cyber Crime Bureau |
HEO |
EO |
CO |
Total |
|
31/12/2019 |
1 |
2 |
3 |
6 |
|
31/12/2020 |
1 |
2 |
3 |
6 |
|
31/05/2021 |
1 |
2 |
3 |
6 |
|
Garda Members – Garda National Cyber Crime Bureau |
Chief Supt |
Supt |
Insp |
Sgt |
Garda |
Total |
|
31/12/2019 |
0 |
1 |
1 |
4 |
20 |
26 |
|
31/12/2020 |
1 |
1 |
2 |
2 |
17 |
23 |
|
31/05/2021 |
1 |
1 |
0 |
6 |
37 |
45 |
1114. Deputy Darren O'Rourke asked the Minister for Justice the number of civilians holding the position of property and exhibits manager in An Garda Síochána; the Garda stations in which the civilians employed as such are based; and if appropriate training has been provided. [30733/21]
Amharc ar fhreagraThe Deputy will be aware that the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána. This includes human resource matters relating to the training, development and deployment of Garda members and staff. As Minister, I have no direct role in such decisions.
I am informed by the Garda authorities that under the Garda workforce modernisation initiative, over 797 Garda members have been released from posts not requiring Garda powers or expertise and their duties reassigned to Garda staff. This has in turn facilitated the redeployment of Garda members to operational duties.
Under this initiative, a number of posts were examined for suitability for assignment to Garda staff, including the property and exhibits management posts. On 27 November 2019, the policy and procedure documentation for the Property and Exhibits Management System part 2 (PEMS 2) was published in a Headquarters Directive and the Garda College commenced training Garda staff in property and exhibits management functions. The first Garda College course commenced in the week beginning 3 February 2020.
I am informed by the Garda authorities that there are currently 27 staff members recorded as property and exhibits manager officers across the country. For operational reasons the Garda authorities do not disclose the locations of these stores.
1115. Deputy Darren O'Rourke asked the Minister for Justice the number of full-time forensic speech analysts working in An Garda Síochána in each of the past three years in tabular form. [30734/21]
Amharc ar fhreagraI am informed by An Garda Síochána that the organisation does not employ forensic speech analysts but engages appropriate external expertise and services as required.
1116. Deputy Darren O'Rourke asked the Minister for Justice the number of persons convicted of burglary in the Trim District Court area in 2019, 2020 and to date in 2021, in tabular form. [30735/21]
Amharc ar fhreagraI have contacted the Courts Service to obtain the information requested by the Deputy and have been advised that the following table outlines the number of offences and the number of persons convicted of burglary in the District Court for the District Area of Meath for the periods of January to December 2019, January to December 2020, and January to April 2021.
I am informed that this information is in relation to the offences of burglary only and does not include offences of theft.
|
Year |
No. of Offences convicted |
No. of Persons |
|
Jan – Dec 2019 |
32 |
23 |
|
Jan – Dec 2020 |
14 |
6 |
|
Jan – April 2021 |
4 |
4 |
1117. Deputy Darren O'Rourke asked the Minister for Justice the number of drugs seizures in cases in which the monetary value of the drugs was in excess of €1 million in 2019, 2020 and to date in 2021, in tabular form. [30736/21]
Amharc ar fhreagraI have sought the information requested by the Deputy from the Garda authorities, however it has not been possible to collate it in the time available. I will revert to the Deputy once the information is to hand.
1118. Deputy Catherine Murphy asked the Minister for Justice if she will provide a schedule of companies that supplied An Garda Síochána with ballistic helmets and ballistic shields in each of the past four years. [30748/21]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is by law responsible for the administration of An Garda Síochána, including the provision and sourcing of all equipment for Garda members. As Minister I have no direct role in these matters.
I am advised by the Garda authorities that the following list includes all those companies who supplied An Garda Síochána with the equipment specified in the last four years:
Ballistic Helmets
2020 – Daniel Technologies
2019 – Cooneen Protection and Daniel Technologies
2018 – Cooneen Protection and Daniel Technologies
2017 – Cooneen Protection
Ballistic Shields
2020 – Nil
2019 – Daniel Technologies
2018 – Nil
2017 – Daniel Technologies
1119. Deputy Catherine Murphy asked the Minister for Justice the date on which in-person training courses for gardaí will resume in both the Garda Headquarters and the Garda Training College. [30749/21]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána, including decisions in relation to the training of Garda personnel. As Minister, I have no direct role in these matters.
I am advised by the Garda authorities that the Garda Executive has authorised the resumption of in-person training for the organisation. Training resumed on 22 March 2021 for the Garda organisation, following the most recent suspension of in-person training owing to the public health response to the COVID-19 pandemic.
1120. Deputy Catherine Murphy asked the Minister for Justice the estimated full-year cost of increasing the number of fully sworn gardaí from 14,535 to 16,000 between now and the end of 2022. [30750/21]
Amharc ar fhreagraI have requested the information sought by the Deputy from the Garda authorities and I will contact the Deputy once the information is to hand.
1121. Deputy Catherine Murphy asked the Minister for Justice the number of recorded arrests associated with Operation Soteria to date in the Dublin north division. [30751/21]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner established Operation Soteria to ensure a reduction of assaults in public, reduce fear of assault within communities, prioritise assault investigations, and focus on problem areas and assault hotspots. The Operation includes targeting knife crimes in areas where it is shown to be relevant and necessary.
The operation is based upon five principles for implementation: commitment to protecting people and communities; awareness and education as a crime prevention technique; policing operational efficiency; location management by working in partnership; and offender management.
I am informed by the Garda authorities that a search of the PULSE database was conducted on 9 June 2021 for Prisoner Logs created in association with incidents of i) Assault Minor, ii) Assault Causing Harm or iii) Assault/Obstruction/ Resist Arrest – Peace Officer reported since 1 January 2019 in the DMR Northern Division.
The count of prisoner logs created each year for these incident types (combined) is as follows:
|
Arrests |
2019 |
2020 |
2021 |
|
Prisoner Logs |
142 |
206 |
92 |
*2021 count to 09/06/2021 at 01:00
Incident data is based upon operational data from the PULSE system as was available at 01:00 on 09/06/2021 and is liable to change. Incidents are included for all location types (both public and non-public). Not all incidents of assault will result in an arrest.
1122. Deputy Catherine Murphy asked the Minister for Justice the number of gardaí by rank attached to the street crime unit in Store Street Garda station as of 31 May 2021. [30752/21]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the deployment of members of An Garda Síochána throughout the State. As Minister, I have no role in these independent functions.
However, I am informed by the Garda Commissioner that, as of 31 May 2021, there are two Sergeants and nineteen Gardaí attached to Street Crime Unit in Store Street Garda Station.
For the Deputy's information the total Garda strength at Store Street Garda Station is outlined in the following table.
|
Store St. |
Ch.Supt |
Supt |
Insp |
Sgt |
Garda |
Total |
|
Immigration Dublin Docks |
- |
- |
- |
3 |
25 |
28 |
|
Garda No.s |
1 |
2 |
8 |
36 |
228 |
275 |
|
Total |
1 |
2 |
8 |
39 |
253 |
303 |
1123. Deputy Catherine Murphy asked the Minister for Justice the number of persons sentenced to one-two, two-three, three-four and four-five years for possession of a knife in a public place without lawful authority in each of the years 2019, 2020 and to date in 2021, in tabular form [30753/21]
Amharc ar fhreagraI have contacted the Courts Service to obtain the information requested by the Deputy and have been informed of the following.
There are two offences relating to the possession of a knife or other article in a public place without reasonable excuse or lawful authority under the Firearms and Offensive Weapons Act 1990 (as amended).
Section 9(1) and 9(4) offences may be tried summarily or on indictment, so many of those offences would be sent forward for trial to the Circuit Court. At this time, the system in use by the Courts Service in the Circuit Courts is the Integrated Criminal Management System (ICMS). ICMS cannot produce reports for specific offences. The only reports which are available are by offence category rather than for individual offences. It is therefore not possible to report on the length of sentence imposed.
In the District Court on summary conviction, the maximum term of imprisonment is 12 months. There have been no sentences imposed for 12 months imprisonment in the District Court for 2019, 2020 and the period of Jan – April 2021( the date latest figures are available for).
I can advise the Deputy that the following tables list the overall numbers of convictions and persons convicted in 2019, 2020 and for the period of Jan - April 2021 in the Circuit Court:
Table 1: The number of convictions and number of persons convicted for Possession of Knives and other Articles under Section 9(1) Firearms and Offensive Weapons Act, 1990
|
Year |
No. of convictions |
No. of Persons convicted |
|
2019 |
593 |
513 |
|
2020 |
490 |
434 |
|
Jan – April 2021 |
164 |
157 |
Table 2: The number of convictions and number of persons convicted for Possession of Flick-Knife under Section 9(4) Firearms and Offensive Weapons Act, 1990
|
Year |
No. of convictions |
No. of Persons convicted |
|
2019 |
59 |
57 |
|
2020 |
44 |
42 |
|
Jan – April 2021 |
23 |
23 |
It should be noted that the Courts Service can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.
A person may be convicted for both offences and will appear more than once on the report.
1124. Deputy Johnny Mythen asked the Minister for Justice the number of Garda community officers for each district in County Wexford; and if she will make a statement on the matter. [30765/21]
Amharc ar fhreagraAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.
I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.
To date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. However, it is important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in carrying out their duties. Indeed, this has never been more evident than in the work carried out by all members of the Gardaí as we have tackled the COVID-19 pandemic.
I am advised by the Garda authorities that the following table, which has been provided to me by the Garda authorities, sets out the number of Community Gardaí assigned to Co. Wexford at 30 April 2021, the latest date for which figures are available.
|
Wexford Division at 30 April 2021 |
Community Gardaí |
|
New Ross District |
7 |
|
Wexford District |
4 |
|
Total |
11 |
Detailed information in relation to Community Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, at the following link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
1125. Deputy Bernard J. Durkan asked the Minister for Justice if she will consider introducing the relevant legislation to regulate the process of purchasing a home or property with particular reference to ensuring the buyer is as professionally represented as the seller by way of agent resulting in an equality of arms, thus helping to avoid situations in which the prices increase more than necessary due to the lack of regulation in this area; and if she will make a statement on the matter. [30783/21]
Amharc ar fhreagraThe Property Services (Regulation) Act 2011, established the Property Services Regulatory Authority (PSRA), an independent statutory regulatory body specifically tasked with responsibility for licensing and regulating property services providers (auctioneers, estate agents, letting agents and property management agents) with a view to ensuring high standards in the provision of property services.
Under the Act, any business or individual who provides a property service (other than those who are subject to a similar licence or authentication scheme in another EU Member State) must hold a valid licence from the PSRA. The licensing of property services providers ensures that licensees comply with certain standards aimed at ensuring protection for their clients and users of their services. For example, licensees must possess specified minimum qualifications, have available to them professional indemnity insurance, pay an annual contribution to the Compensation Fund, and keep records of all offers received in respect of land which is offered for sale.
The purpose of the Compensation Fund is to provide compensation to clients of licensees who have sustained a loss as a result of the dishonesty of a licensee as well as individuals to whom a refund of a deposit is due from the licensee.
Professional indemnity insurance provides cover in respect of any description of civil liability on the part of a licensee arising from any provision of property services.
The PSRA is empowered to investigate complaints of improper conduct made against licensed property services providers (including complaints made by purchasers or potential purchasers of property), and to carry out investigations on its own initiative for the purpose of ensuring compliance by property services providers with their statutory obligations. Improper conduct is defined in the Act as the commission by a licensee of an act which renders him or her no longer a fit and proper person to provide property services, the commission of a contravention of a specified provision of the Act or of a provision of regulations made under the Act, or by the licensee giving a statement of advised market value or advised letting value of land (including buildings) which is clearly unreasonable.
It is open to a purchaser or potential purchaser of property to engage any professional assistance that he or she considers necessary.
While my Department keeps the operation of the Property Services (Regulation) Act 2011 under review, I have no plans at present to amend the Act in the manner suggested by the Deputy.
1126. Deputy Carol Nolan asked the Minister for Justice the details of the expenditure incurred by staff in her Department under the heading of travel and subsistence from 1 January 2020 to date; and if she will make a statement on the matter. [30869/21]
Amharc ar fhreagraI wish to advise the Deputy the expenditure incurred by staff in my Department on travel and subsistence from 1 January 2020 to date is outlined in the table.
|
Month |
Cost 2020 |
Cost 2021 |
|
January |
€113,522.77 |
€47,150.20 |
|
February |
€113,212.92 |
€18,630.98 |
|
March |
€129,832.21 |
€19,807.70 |
|
April |
€43,431.00 |
€23,455.88 |
|
May |
€28,491.32 |
€25,133.26 |
|
June |
€22,774.38 |
€9,064.73 (to date) |
|
July |
€42,255.71 |
|
|
August |
€29,952.83 |
|
|
September |
€42,636.18 |
|
|
October |
€72,360.56 |
|
|
November |
€43,437.74 |
|
|
December |
€52,250.45 |
|
|
Total |
€734,158.07 |
€143,242.75 |
