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

Wednesday, 3 July 2013

Dáil Éireann Debate
Vol. Nbr.


Order of Business (Continued)

Yes IndicatorVoted Yes More Button

They are Fianna Fáil's victims.More Button

Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Report Stage (Resumed) and Final Stage (Continued)

No IndicatorVoted No More Button

Land and Conveyancing Law Reform Bill 2013: Report and Final Stages

I move amendment No. 2:

    In page 4, to delete lines 3 to 5 and substitute the following:

    "2. (1) This section applies to land which is the principal ...More Button

    Land and Conveyancing Law Reform Bill 2013: Report and Final Stages (Continued)

    As I have previously stated, the intention behind section 2 is to provide that a court may, of its own motion or on request, adjourn proceedings to allow a personal insolvency arrangement to be con...More Button

    Yes IndicatorVoted Yes More Button

    I move amendment No. 4:

      In page 4, line 7, to delete “in a case to which this section applies” and substitute “and which land is land to which this section applies”.
    More Button

    I move amendment No. 6:

      In page 5, to delete line 7 and substitute the following:
        “(7) In this section and section 3—”.
    On Co...More Button

    I will deal with the second question first. The proposal was that these matters be dealt with in the Circuit Court as they are appropriate to the Circuit Court and not to the District Court. That...More Button

    In the context of all my experience as a lawyer over the years, principal private residence would primarily mean the residence in which someone is residing and this would be the consistent legal ...More Button

    The Deputy, like me, is aware of individuals who for a number of reasons have moved out of homes in which there are mortgage difficulties. Families in two-bedroom apartments simply have found th...More Button

    I refer to both the Circuit Court issue and the application of the personal insolvency protections, the adjournment of court proceedings and the facility to give people an opportunity to re-engag...More Button

    As I said to the Deputy, this would create major drafting problems to travel the route in full that he is suggesting. We will see how the courts applying interpret the legislation. Linking the tw...More Button

      Amendment agreed to.More Button

      Amendment No. 7 not moved.More Button

    I move amendment No. 8:

      In page 5, between lines 20 and 21, to insert the following:

      “Proceedings relating to certain mortgages to be brought in Circuit Cour...More Button

        Amendment agreed to.More Button

      These amendments both seek to make substantial changes to the Personal Insolvency Act. As I have stated previously, this is not the intention of the Bill or of section 2, which provides a necessar...More Button

      There is a very simple answer to the questions posed by Deputy Donnelly. Section 2(4) states: "On the expiry of any period of adjournment granted under subsection (2), the court may gr...More Button

      These amendments, which are being taken together, to a large extent fall outside the scope of the Bill. Amendment No. 10 relates to situations where tenancy agreements are in place and seeks to in...More Button

      Repossession is not the only option in such situations. Where rents are being paid and where it is viable, the mortgagee may opt to appoint a receiver of rents rather than seek repossession. Wher...More Button

      In regard to amendment No. 11, which seeks to instruct the court in regard to the orders, it may make in reaching its judgment on a repossession action, I will, once again, point out that the cou...More Button

      Turning to amendment No. 12, if we were to go down this route, which would in effect introduce non-recourse mortgages to this jurisdiction, we would, in the current circumstances where non-recour...More Button

      Amendment No. 13 seems to indicate that the Oireachtas should legislate to provide that the cost of the repossession should be paid by the mortgagee. Again, I cannot agree that such a provision ...More Button

      I move amendment No. 15:

        In page 5, to delete lines 23 and 24 and substitute the following:

        "(2) Sections 2 and 3 come into operati...More Button

          Amendment agreed to.More Button

          Bill, as amended, received for final consideration.More Button

        Yes IndicatorVoted Yes More Button

        Criminal Law Matters

        Was asked: when a person (details supplied) in County Louth will receive Garda vetting which has been applied for and which is essential for them to gain work experience which they are required to do as part ...More Button

        I am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was received by the Garda Central Vetting Unit (GCVU) on 9 May 2013. The app...More Button

        Was asked: the number of Garda stations around the country that are not wheelchair accessible; and the measures being taken to address this issue. More Button

        Was asked: if he will take the necessary measures to make Crumlin Garda station, Dublin, accessible to members of the public who must use a wheelchair. More Button

        I propose to take Questions Nos. 178 and 179 together.More Button

        I am informed by the Garda authorities that the Office of Public Works (OPW) is responsible for the State property portfolio. In addition, I understand that the OPW has a programme in place to p...More Button

        With regard to Crumlin Garda station, I am also advised that a Universal Access Audit has been carried out in respect of the station and that the matter will be further pursued in the context of ...More Button

        Was asked: the procedures used by An Garda Síochána when establishing the marital status of a Brazilian citizen living here who proposes to get married in this State; and if he will make a statement on the ma...More Button

        Was asked: the procedures used by An Garda Síochána when establishing the marital status of a Filipino citizen living here who proposes to get married here; and if he will make a statement on the matter. More Button

        I propose to take Questions Nos. 180 and 184 together.

          The entering into a marriage in this State irrespective of the immigration status of the persons involved is a matter for...More Button

        Was asked: if his attention has been drawn to the presence of the Anglo Irish Bank tapes; the date on which he was made aware of their presence; the action he has taken since being made aware of their presenc...More Button

        Was asked: if he will provide details of each of the separate investigations currently underway by An Garda Síochána into the banking collapse; the subject matter being investigated; if he will provide an upd...More Button

        Was asked: if An Garda Síochána has launched an investigation into the leaking of certain tapes of Anglo Irish Bank telephone calls; and if he will make a statement on the matter. More Button

        I propose to take Questions Nos. 181, 191 and 192 together.More Button

        While I am in ongoing contact with the Garda Commissioner concerning the progress of the investigations into the former Anglo-Irish Bank, the Deputies will appreciate that I have no role in relat...More Button

        Equally, I do not have a function in relation to establishing the origin of the disclosure of the tapes referred to and, accordingly, I cannot comment on this, other than to say that I have been ...More Button

        As I have stated previously in this House I share the widespread concern that the criminal investigations into the former Anglo-Irish Bank be resolved as soon as possible. However, what is most ...More Button

        The Deputies will be aware that a number of Garda investigation files have been submitted to the Director of Public Prosecutions as have several files from the parallel investigation taking place...More Button

        Was asked: the reason that there are delays in giving new appointments to persons seeking the assistance of the Legal Aid Board; his plans to provide extra resources to eliminate these waiting lists; the aver...More Button

        I wish to inform the Deputy that under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on ...More Button

        Was asked: if he will investigate the legality of a mosquito device and clarify if there is any breach of Non-Fatal Offences Against the Person Act (details supplied) More Button

        I have requested a report from the Garda authorities in relation to the matters referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.More Button

        Prison Committals

        Was asked: if he will clarify the basis on which the legal representatives of Kildare County Council have informed persons (details supplied) in County Kildare to the effect that rights in respect of access b...More Button

        As the Deputy will appreciate, I am not in a position to interpret the law or to provide advice on a particular case in response to a Parliamentary Question. Moreover, on the basis of the informati...More Button

        Was asked: when all teenage offenders will be taken out of St Patrick's Institution; and if he will make a statement on the matter.More Button

        I wish to advise the Deputy that on today's date I have announced Government approval for my plans regarding the future accommodation of prisoners currently detained at St Patrick's Institution.More Button

        In line with the recommendation of the Inspector of Prisons and in order to effect the changes necessary in regime and culture and to ensure the safe and secure custody, I am satisfied that the c...More Button

        Arrangements will also be put in place for the transfer of prison staff to other institutions. With the full co-operation and support of everyone involved, it is anticipated that this can be ach...More Button

        Was asked: when extra specialised training should be offered to staff in facilities housing juvenile offenders, when extra personnel trained to deal with young offenders will be employed; and if he will make ...More Button

        I am advised by the Director General of the Irish Prison Service (IPS) that the University of Ulster has been successful in a recent tender to develop a programme to illustrate the benefits of posi...More Button

        I have announced today my plans regarding the future accommodation of prisoners currently detained at St Patrick's Institution.More Button

        In line with the recommendation of the Inspector of Prisons and in order to effect the changes necessary in regime and culture and to ensure the safe and secure custody, I am satisfied that the c...More Button

        Arrangements will also be put in place for the transfer of prison staff to other institutions. With the full co-operation and support of everyone involved, it is anticipated that this can be ach...More Button

        Was asked: if a person should receive confirmation when he or she has passed the vetting process by the Garda central vetting unit; if a person may request the confirmation from the employer or organisation t...More Button

        Was asked: the steps that have been taken to date on the setting of up an the e-vetting system; the way the process would work for both approved employers/organisations and persons to be vetted; and if he wil...More Button

        I propose to take Questions Nos. 188 and 189 together.More Button

        The function of the Garda Central Vetting Unit (GCVU) is to conduct Garda vetting checks in respect of persons on whose behalf vetting applications have been submitted by organisations registered...More Button

        The role of the GCVU is not to deem any individual to have "passed the vetting process". Its role is to provide a vetting service to registered organisations who employ or engage persons to work ...More Button

        Each time a new vetting application is received, a full vetting check is conducted to ensure that the most recent data available is taken into account. Non-transferability and the contemporaneou...More Button

        It is open to any individual to request from any organisation, including an employer, a copy of any personal data held about them, including data contained in a Garda vetting disclosure.More Button

        The possibility of introducing an e-vetting system has been assessed and the Garda authorities are now in the process of developing a system which will enable vetting applications to be submitted...More Button

        Was asked: in the situation where a person receives a custodial sentence and in the absence of a specific direction for the judge, the person who decides in which prison the convicted person will serve his or...More Button

        I am to inform the Deputy that in the absence of a specific prison on the committal warrant, designated prisons are associated with specific areas of the country. For example, all male persons com...More Button

        A guiding principle in the placement of prisoners is that they are detained in an institution as near to their homes as possible to facilitate visits from relatives and friends. Accommodation ne...More Button

        When a prisoner is committed to prison the management of the prisoner's sentence and any transfers take place on foot of administrative decisions made on my behalf. Every effort is made to balan...More Button

        Other common reasons for prisoner movements include court appearances, disruptive behaviour, conflict with other prisoners, to participate in a particular training or educational course, to assis...More Button

        EU Directives

        Was asked: if he will update Dáil Éireann on European Council dialogue in respect of trafficking; and if he will make a statement on the matter.More Button

        The issue of human trafficking and the rights of victims of this abhorrent crime was a focus of discussions at the European Council during the Irish Presidency. The discussions centred on the Comm...More Button

        Was asked: the reason a person (details supplied) in County Galway who has lived here for 13 years and is married to an Irish citizen has to pay €980 for an Irish passport; his views on whether this is a very...More Button

        The prescribed fees to be paid by applicants on the issue of a certificate of naturalisation were last increased by the Irish Nationality and Citizenship (Fees) Regulations 2008, which came into ef...More Button

        In November 2011, I signed into law Statutory Instrument 569/11, which introduced an application fee of €175 for new applications for a certificate of naturalisation. The application fee was int...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 pu...More Button