Houses of the Oireachtas

All parliamentary debates are now being published on our new website. The publication of debates on this website will cease in December 2018.

Go to oireachtas.ie

Shatter, Alan

Tuesday, 27 March 2012

Dáil Éireann Debate
Vol. 760 Nbr. 3


Written Answers - Departmental Bodies

Was asked: if he will provide in tabular form, a breakdown of the position, salary, allowance and expenses paid to each of the employment of the Human Rights Commission and the National Disability Authority i...More Button

The Table sets out the information sought. I would refer the Deputy to my reply to her Question No. 519 of 21 March. The salary details provided are the salary range applicable to the post.More Button

TABLEMore Button

(*) After 6 years satisfactory service at the maximum.More Button

Was asked: if he will provide in tabular form, a breakdown of the number of the Human Rights Commission and the National Disability Authority board members and their respective annual remuneration for 2011. More Button

As indicated in my reply to PQ No. 520 of 21 March 2012, the information requested by the Deputy is as follows:More Button

Note 1: The President’s salary is set at High Court Judge level (€243,080 per annum) and was voluntarily reduced to €199,000 in 2011. The fees for members of the Human Rights Commi...More Button

Note 2: Board fees and expenses for the National Disability Authority in respect of 2011 were paid in two instalments, in June 2011 and in January 2012.More Button

Written Answers - Road Traffic Offences

Was asked: if he will provide in tabular form the number of speed check operations carried out each year since 2000 in speed limit zones under 50 km, under 60 km, under 80 km, under 100 km and under 120 km; t...More Button

Was asked: if he will provide in tabular form the number of speed check operations carried out each year since 2000 in suburban areas, motorways, dual carriageways, single carriageways and secondary roads; an...More Button

I propose to take Questions Nos. 442 and 443 together.More Button

I am informed by the Garda authorities that it is not possible to provide the specific information requested by the Deputy in relation to the number of speed check operations carried out in the zon...More Button

With regard to the number of speeding offences detected, the following table indicates the number of fixed charge notices issued per road classification for the years 2005 to 2011 inclusive.More Button

I am advised by the Garda authorities that, as speed limits were changed from miles per hour to kilometres per hour in 2005, the information requested by the Deputy in relation to the number of spe...More Button

Written Answers - Proposed Legislation

Was asked: if he is preparing legislation or, if necessary, a constitutional amendment to end upward only rent reviews; and if he will make a statement on the matter. More Button

The Deputy will recall that the Government announced in December last that it had decided not to proceed with legislation in this area. More Button

Written Answers - Illegal Money Lenders

Was asked: his plans to tackle illegal money lending (details supplied); and if he will make a statement on the matter. More Button

Offences relating to illegal moneylending are currently provided for in Part VIII of the Consumer Credit Act 1995.More Button

Persons who engage in moneylending and who do not hold the necessary licence granted by the Central Bank are committing an offence under section 98 of the Act, which provides for a prohibition on e...More Button

A person who is guilty of an offence under the Act is liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or on conviction...More Button

The powers of An Garda Síochána in tackling illegal moneylending are principally contained in sections 105 to 109 of the Act, which make provision for a number of matters including Ga...More Button

I am informed by the Garda authorities that where offences under section 98 are disclosed, and are reported to An Garda Síochána, the matters will be the subject of investigation unde...More Button

I would therefore encourage those who may have information concerning the operation of unlicensed moneylenders in particular circumstances to make that information available to An Garda Síoc...More Button

Written Answers - Courts Service

Was asked: the timeframe he envisages for the promulgation by him of a Statutory Instrument to raise the monetary caps on the jurisdiction of the District Court £5,000-€6,350 and the Circuit Court ...More Button

Was asked: his views that the effect of inflation in the economy since 1991, when set against the monetary caps on the jurisdiction of the District Court £5,000-€6,350 and the Circuit Court £...More Button

Was asked: if he will publish all representations made to him personally, or to officials of his Department, by participants in the insurance industry, or by lobbyists acting for participants in the insurance...More Button

I propose to take Questions Nos. 446 to 448, inclusive, together.More Button

As the Deputy has noted, the current monetary jurisdictional limits were set in 1991 at (euro equivalents of) €38,092 and €6,384 for the Circuit and District Courts respectively. Althoug...More Button

I can assure the Deputy that since my appointment neither I nor my officials have received any representations or attended any meetings on this subject. I agree with the Deputy that the current li...More Button

Written Answers - Prison Education Service

Was asked: further to Parliamentary Question Nos. 469 and 471 of 13 March 2012, if he will indicate the format or structures used to determine eligibility for rehabilitative or educational programmes or schem...More Button

As set out in my response to Parliamentary Questions Nos. 469 and 471, the Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healt...More Button

On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self-refer at ...More Button

The Irish Prison Service has introduced an Integrated Sentence Management (ISM) system. ISM involves a new orientation in the delivery of services to prisoners and an emphasis on prisoners taking ...More Button

Newly committed prisoners with a sentence of greater than one year are eligible to take part in ISM. If they agree to participate, a First Contact Assessment interview takes place. This First Con...More Button

The various actions recommended are compiled into a Personal Integration Plan (PIP) for the prisoner to complete during his/her time in prison. The PIP will be reviewed regularly depending on the ...More Button

As previously advised, the Irish Prison Service is in the process of drafting a new Strategic Plan 2012-2014 which will be presented to me, by the Director General, in the first week of April. The...More Button

Written Answers - Prisoner Releases

Was asked: if he will indicate [890]the basis used top determine entitlement to early release on whatever grounds, occasional release with or without supervision for specific event...More Button

Was asked: if he will indicate the basis used to determine entitlement to early release on whatever grounds, occasional release with or without supervision for specific events, transfer to alternative or open...More Button

I propose to take Questions Nos. 450 and 474 together.More Button

I refer the Deputy to my response to Parliamentary Question No. 472 on Tuesday 13th March, 2012 setting out the criteria which applies including the circumstances when temporary release may be prov...More Button

Candidates for temporary release are identified by a number of different means but primarily on the recommendation of the Prison Governor or the therapeutic services in the prisons. The prisoner, ...More Button

The identification of suitable candidates for transfer to alternative prisons or open centres follows a similar process as that in place for identifying those suitable for temporary release.More Button

Reply to Parliamentary Question No. 472 on Tuesday 13th March, 2012More Button

Written Answers - Road Traffic Fatalities

Was asked: if, in the context of a parliamentary question reply from May 2011 which asked for him to outline the legal basis for withholding the Garda abstract report, copies of statements of witnesses, sketc...More Button

The Deputy will be aware that Coroners are independent in their functions with responsibility, under the Coroners Act 1962, for the medicolegal investigation of the circumstances of sudden, unexpla...More Button

I am advised that, in the absence of expressed legal provisions, in the case of fatal road traffic collisions it is Garda policy that abstract reports are not provided until the inquest concerning ...More Button

I assume that the Deputy’s question arises in the context of a particular case which he raised previously. I understand that the Coroner, having regard to the circumstances involved in a par...More Button

In relation to the wider question of the availability of such documentation generally, I am, in line with my previous answer to the Deputy, keeping this matter under review.More Button

Written Answers - Garda Stations

Was asked: if he will provide any information he may have in relation to the changes of opening and closing times of Garda stations in Dublin south east and any proposed changes to the community Garda positio...More Button

As the Deputy is aware, it is proposed to reduce the public opening hours of the following stations in the Dublin South, South Central and East Divisions — Cabinteely, Stepaside, Kill O&rsquo...More Button

The allocation of resources, including personnel to Community Policing etc, is a matter for the Garda Commissioner. The priority will remain that an effective and professional policing service is ...More Button

Was asked: if he will give an assurance that current levels of service provided by Garda public offices at Garda stations in County Donegal will at a minimum be maintained at current levels; and if he will ma...More Button

Was asked: if he will give an assurance that there are no plans in place to close any Garda public offices in the Buncrana or Letterkenny Garda districts of the Donegal division; and if he will make a stateme...More Button

I propose to take Questions Nos. 471 and 472 together.More Button

As the Deputy is aware, the Commissioner’s Policing Plan for 2012, which I laid before both Houses of the Oireachtas on 5 December 2011, sets out the future opening hours of 10 Garda Stations...More Button

In preparing the Policing Plan, the Garda Commissioner reviewed all aspects of the Garda Síochána’s policing model, including the deployment of personnel, the utilisation of mod...More Button

The Policing Plan for 2013 has not yet been prepared and therefore it is not possible to say at this stage what it may contain. Specifically in relation to the Donegal Garda Division, on 29 Februa...More Button

Question No. 473 answered with Question No. 456.More Button

Question No. 474 answered with Question No. 450.More Button

Was asked: if he will confirm that there is no threat to the future of a Garda Station (details supplied) in County Cavan; and if he will make a statement on the matter. More Button

As the Deputy is aware, the Commissioner’s Policing Plan for 2012, which I laid before both Houses of the Oireachtas on 5 December 2011, sets out the future opening hours of 10 Garda Stations...More Button

In preparing the Policing Plan, the Garda Commissioner reviewed all aspects of the Garda Síochána’s policing model, including the deployment of personnel, the utilisation of mod...More Button

The Policing Plan for 2013 has not yet been prepared and therefore it is not possible to say at this stage what it may contain. Specifically in relation to the Cavan Garda Division, on 29 February...More Button

Written Answers - EU Directives

Was asked: the reason the State will not opt into Directive 2003/86/EC on family reunification; and if he will make a statement on the matter. More Button

The original rationale for non-participation in the Directive in question involved serious concerns about the Common Travel Area implications of the Directive, in the event that Ireland participate...More Button

Written Answers - Departmental Staff

Was asked: if he will provide a list of staff in his Department that serve as directors of companies arising from their employment; the names of the companies involved; the annual remuneration received, if an...More Button

I can inform the Deputy that only one member of staff in my Department serves as a director of a company arising from his employment. The details are set out as follows:More Button

Was asked: if he will provide a list of staff in his Department that serve as directors of companies arising from their employment; the names of the companies involved; the annual remuneration received, if an...More Button

There are no staff in my Department that serve as directors of companies arising from their employment.More Button

Written Answers - Ministerial Expenses

Was asked: the amount of expenses claimed on a monthly basis since March 2011 by all Ministers attached to his Department; and if he will make a statement on the matter. More Button

I wish to inform the Deputy that there have not been any expenses claimed by Ministers attached to this Department since March 2011.More Button

Was asked: the amount of expenses claimed on a monthly basis since March 2011 by all Ministers attached to his Department; and if he will make a statement on the matter. More Button

The amount of expenses claimed since March 2011 by all Ministers attached to this Department is set out as follows:More Button

Former, Minister for Defence, Mr. Tony Killeen, T.D. More Button

Minister for Defence, Mr. Alan Shatter, T.D.More Button

Minister of State for Defence, Mr. Paul Kehoe, T.D.More Button

I would like to reassure the Deputy that I am satisfied that the above expenditure is appropriate and in accordance with Department of Public Expenditure and Reform guidelines.More Button

Written Answers - Firearms Licensing

Was asked: his views on evidence furnished at a recent High Court case (details supplied); the actions he proposes to take regarding the operation of the current firearms licensing system as a result; and if ...More Button

Was asked: if he has considered a matter (details supplied) regarding firearms licensing. More Button

I propose to take Questions Nos. 456 and 473 together.More Button

I take it the Deputies are referring to a recent High Court case involving Judicial Reviews of decisions by Chief Superintendents in firearms cases. What was at issue were decisions by Chief Super...More Button

In an interim report which I received from the Garda Commissioner he indicated that he was reviewing certain aspects of the operation of the firearms licensing system and I await a further report f...More Button

Tragically, the House will have been reminded in recent weeks of the dangers which licensed firearms can pose for members of An Garda Síochána and others and of the dangers of firearm...More Button

Written Answers - Adoption Services

Was asked: if he will outline the process upon which step-parent adoption will be regularised as part of his guidelines regarding surrogacy arrangements; and if he will make a statement on the matter. More Button

Adoption policy is a matter for the Minister for Children and Youth Affairs. More Button

The scope of the Surrogacy Guidance Document I published recently relates to citizenship, parentage, guardianship and travel document issues in relation to children born as a result of surrogacy ar...More Button

Written Answers - Residency Permits

Was asked: the position regarding an application for residency in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. More Button

The person concerned has been granted Leave to Remain in the State for a two year period to 29 March 2012. This decision was conveyed in writing to the person concerned by letter dated 29 March 20...More Button

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purp...More Button

Written Answers - Garda Deployment

Was asked: if he will provide up to date figures detailing the total deployment of gardaí by region, division, district and sub-district across the country; and if he will make a statement on the matte...More Button

I am informed by the Garda authorities that the personnel strength of An Garda Síochána as of 29 February 2012, the latest date for which figure are readily available, was 13,635. In...More Button

The spreadsheets provided to the Deputy show the distribution of 11,712 Gardaí and 935 Garda Reserve members, by Division, District and Garda Station. There are a further 1,923 Gardaí...More Button

Written Answers - Judicial Allowances

Was asked: if judges are entitled to a daily unvouched lunch allowance; and if so, the monetary value of same and if this arrangement applies to all judges. More Button

Was asked: if he will provide in tabular form details of all premium payments, allowances and expenses paid to the Judiciary. More Button

Was asked: if he will provide in tabular form details of all premium payments, allowances and expenses paid to each of the Judiciary in 2011. More Button

I propose to take Questions Nos. 460, 462 and 463 together.More Button

Expenses are payable to judges for travel and subsistence necessarily incurred for attendance away from home. Subsistence expenses are provided to cover the cost of meals in some cases. No premiu...More Button

Table 1 — Mileage rates for Circuit and District CourtMore Button

Table 2 — Subsistence Rates for Circuit and District CourtMore Button

Table 3 — Court Attire Expenses (vouched)More Button

The allowances and expenses paid to members of the judiciary from the Courts Service Vote in 2011 are set out in the following tables:More Button

Table 4 — Supreme Court Judges Expenses, 2011More Button

Table 5 — High Court Judges Expenses, 2011More Button

*The number of Judges above includes Judges who retired during 2011 and Judges who were appointed during 2011.More Button

Table 6 — Circuit Court Judges Expenses, 2011More Button

*The number of Judges above includes Judges who retired during 2011 and Judges who were appointed during 2011.More Button

Table 7 — District Court Judges Expenses, 2011More Button

*The number of Judges above includes Judges who retired during 2011 and Judges who were appointed during 2011.More Button

In addition to the above expenses, under the provisions of section 164 of the Finance Act 1994, an annual expense allowance is paid to members of the judiciary. This is not paid by the Courts Serv...More Button

Table 8 — Current Annual AllowanceMore Button

Written Answers - Residential Institutions

Was asked: if in the event of the former residents of the Magdalen laundries making a complaint to An Garda Síochána, if he will clarify the matter of the statute of limitations and if the State...More Button

In meetings with the women concerned and associated groups, it has been stressed that there is no statute of limitations in this jurisdiction for serious criminal offences and that if they have bee...More Button

Questions Nos. 462 and 463 answered with Question No. 460.More Button

Written Answers - Criminal Prosecutions

Was asked: the number of persons that were charged and subsequently prosecuted for illegal money lending between February 2010 and February 2011; and if he will make a statement on the matter. More Button

Was asked: the number of persons charged and subsequently prosecuted for illegal money lending between February 2011 and February 2012; and if he will make a statement on the matter. More Button

Was asked: the number of persons charged and subsequently prosecuted for illegal money lending between February 2009 and February 2010; and if he will make a statement on the matter. More Button

I propose to take Questions Nos. 464 to 466, inclusive, together.More Button

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO h...More Button

Written Answers - Asylum Applications

Was asked: if he will confirm if he has received correspondence from a group (details supplied) in County Donegal; if he acknowledges the concerns raised by the group; if he has the legal authority to interve...More Button

The person concerned arrived in the State on 4 September 2006 and applied for asylum on 14 September 2006. The Refugee Applications Commissioner refused him a declaration of refugee status. This ...More Button

The person concerned instituted Judicial Review proceedings on 29 July 2011 challenging the Deportation Order made in respect of him and accordingly, as the matter is sub judice, I do not propose t...More Button

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specificall...More Button

Written Answers - Repatriation Flights

Was asked: if he has sought a report into an incident involving an injury to a member of An Garda Síochána on a repatriation flight on 8 March; if he will publish that report; and if he will mak...More Button

On 8 March 2012, a member of An Garda Síochána attached to the Garda National Immigration Bureau (GNIB) suffered injuries while on duty during the course of a deportation flight to Ni...More Button

This flight, which was Austrian-led and organised through FRONTEX (the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Uni...More Button

The incident in question occurred during the Madrid to Lagos leg of the flight. The injuries sustained by the member were treated by medical personnel on board. The flight proceeded to Nigeria and...More Button

I am advised by the Garda authorities that a senior officer has been appointed to conduct a criminal investigation into this serious incident and in advance of the outcome of that investigation, it...More Button

I would like to take this opportunity to wish the member in question a speedy recovery. Finally, yet again, this incident serves to underline the often difficult and dangerous nature of the duties...More Button

Was asked: the number of repatriation flights that left Ireland in 2011 and to date in 2012; the total number of persons repatriated; the number of security personnel on board each in tabular form; and if he ...More Button

I am advised by the Irish Naturalisation and Immigration Service (INIS) that there were a total of seven flights in 2011 and one flight to date this year with a total of 111 and 21 failed asylum se...More Button

The number of escorting Gardaí on each flight is a Garda operational matter and varies depending on a prior risk assessment of each removal operation carried out by the Garda National Immigr...More Button

Deportations take place within the provisions of the Immigration Act, 1999, as amended, and after each applicant’s case has been fully considered by me with regard to the eleven consideration...More Button

Written Answers - Deportation Orders

Was asked: the facilities in place at Lagos Airport, Nigeria, to treat those arriving on repatriation flights who may have taken ill or been injured during the flight; and if he will make a statement on the m...More Button

All chartered flights operated by Ireland and other EU countries through Frontex (European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the E...More Button

Written Answers - Time Zone Arrangements

Was asked: further to topical issues debate on 26 October 2011, his views on the collapse of the Daylight Savings Bill in the UK earlier this year; the contact, if any, officials from his Department have had ...More Button

During the course of the topical issue debate of 26 October, 2011 concerning daylight saving I stated that I had no plans at that time to change our current time zone arrangements or to conduct an ...More Button

I have noted that the UK’s Daylight Saving Bill has fallen and wish to advise the Deputy that my position in relation to this issue remains unchanged i.e. I have no plans at this time to chan...More Button

Was asked: further to topical issues debate on 26 October 2011, if he or his Department officials have had any discussions with European colleagues in the past six months regarding a possible extension to our...More Button

I wish to inform the Deputy that neither I nor my Department officials have had any discussions with European colleagues in the past six months regarding possible changes to our current time arrang...More Button

Written Answers - National Lottery Funding

Was asked: if he will confirm the amount of national lottery funds allocated to his Department; if the funds are spent on [905]specific projects; if so, the name of the project; if...More Button

The level of funding currently allocated for 2012 within my Department’s Vote from the National Lottery Fund is €6 million. This funding is allocated for the purposes of the Charitable ...More Button

The following Charities received funding, amounting to €6m, under the Charitable Lotteries Fund in 2011: REHAB Lotteries, Gael Linn, Asthma Society of Ireland, Irish Cancer Society, Polio Fell...More Button

Was asked: if he will confirm the amount of national lottery funds allocated to his Department; if the funds are spent on specific projects; if so, the name of the project; if the national lottery fund is all...More Button

My Department is not in receipt of funding from the National Lottery.More Button

Written Answers - Appointments to State Boards

Was asked: if he will provide a full breakdown by gender of all appointments to State boards since February 2011; the current status of State boards in relation to the percentage of participation of women and...More Button

I will forward the requested material to the Deputy at the earliest opportunity. The Deputy will be aware of the Government’s commitment in the Programme for the Government of National Recov...More Button

Was asked: if he will provide a full breakdown by gender of all appointments to State boards since February 2011; the current status of State boards in relation to the percentage of participation of women and...More Button

The Boards under the aegis of my Department are the Civil Defence Board, the Board of Coiste an Asgard and the Army Pensions Board. There have been no appointments to the Board of Coiste an Asgard...More Button

Legislation is currently being drafted to dissolve the Civil Defence Board and transfer the functions of the Board back into the Department of Defence. I appointed the current Board as an interim ...More Button

The Army Pensions Board comprises 3 members: a chairman, a civilian medical doctor and an officer of the Army Medical Corps. There has been one appointment to the Army Pensions Board since February...More Button

Written Answers - Departmental Equipment

Was asked: the number of laptops in use in his Department; the number of tablets in use in his Department; the number of the laptops in use that are due to be upgraded this year; and if he will make a stateme...More Button

The Department of Justice and Equality provides centralised IT services to approximately 1,800 users in the Department and 26 offices/agencies on the IT Shared Service. Official records indicate th...More Button

Was asked: the number of laptops in use in his Department; the number of tablets in use in his Department; the number of the laptops in use that are due to be upgraded this year; and if he will make a stateme...More Button

The total number of laptops in use in my Department is 63. There are no tablets in use in my Department. At present, there are no plans to upgrade any of the laptops that are currently in use in my...More Button

Written Answers - Ministerial Air Transport Service

Was asked: his views on a matter (details supplied) regarding the Government jets; and if he will make a statement on the matter. More Button

The Ministerial Air Transport Service (MATS) is primarily provided by the Gulfstream IV and Learjet 45 aircraft which, whilst acquired specifically for that purpose, are also assigned a range of ot...More Button

Written Answers - Army Barracks

Was asked: the plans he has in place to deal with emergencies in south Tipperary, Clonmel and west Waterford, such as major floods and severe ice, in view of the planned closure of Kickham Barracks and the re...More Button

Whilst the Defence Forces are not a Principal Response Agency, as defined in the Framework for Major Emergency Management, they will continue to provide the fullest possible assistance to the appro...More Button

To formalise plans for the realignment, the Defence Forces recently met with the Health Service Executive (HSE), An Garda Síochána and the relevant local authorities. Detailed briefi...More Button

In terms of testing responses to potential emergencies, an air reconnaissance was recently conducted by the 3rd Infantry Battalion in their new area of responsibility in order to augment planning ...More Button

Was asked: his plans for the accommodation area of the Curragh Camp; if he will consider its renovation in view of the shortage of housing in many areas in the country; and if he will make a statement on the ...More Button

I am not aware which area of the Curragh Camp the Deputy is referring to or what specific proposals she may have in mind. My Department does not have a role in the provision of housing accommodati...More Button