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Written Answers — Department of Justice and Equality: Departmental Contracts (27 Mar 2013)

Alan Shatter: I propose to take Questions Nos. 258 and 259 together. 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, including the provision and maintenance of accommodation for court sittings. As I informed the Deputy in my reply to Question No. 453 on 12...

Written Answers — Department of Defence: Semi-State Bodies Remuneration (27 Mar 2013)

Alan Shatter: The only body under the aegis of my Department is the Army Pensions Board. The Army Pensions Board is an independent statutory body established under the Army Pensions Act 1927. The main functions of the Board are to investigate applications for pensions, allowances and gratuities. The Act specifies that the Board shall consist of a chairman and two ordinary members. The two ordinary...

Written Answers — Department of Defence: Ministerial Transport (27 Mar 2013)

Alan Shatter: In accordance with a Government Decision of 15 March 2011, I retain a State car and Garda drivers in my capacity as the Minister for Justice and Equality. The cost of this service is funded from the Vote for an Garda Síochána. The Minister of State at the Department of the Taoiseach and the Department of Defence, Deputy Paul Kehoe, was assigned two civilian drivers in May 2011....

Mortgage Arrears: Motion [Private Members] (26 Mar 2013)

Alan Shatter: I move amendment No. 1:To delete all words after "Dáil Éireann" and substitute the following: "acknowledges that this Government inherited a severe mortgage arrears crisis from the previous Government; and notes the responsibility of the previous Government for the creation of that crisis and its abject failure to properly address it; recognises that the Government has already...

Mortgage Arrears: Motion [Private Members] (26 Mar 2013)

Alan Shatter: Directed judgment. That was not decided yesterday.

Mortgage Arrears: Motion [Private Members] (26 Mar 2013)

Alan Shatter: It is not an argument. It was just a judgment based on the wording in a rent agreement. It said nothing about the Constitution.

Mortgage Arrears: Motion [Private Members] (26 Mar 2013)

Alan Shatter: No, it does not. It said nothing about the Constitution. I presume the Deputy has not read the judgment.

Mortgage Arrears: Motion [Private Members] (26 Mar 2013)

Alan Shatter: I presumed the Deputy knew that. He obviously has not read the judgment.

Topical Issue Debate: Upward-Only Rent Reviews (26 Mar 2013)

Alan Shatter: In response to Deputy Flanagan, I have no difficulty raising the matter again with the Attorney General, but I am not optimistic of getting a different answer. Also, I do not believe yesterday's judgment prescribes any roadmap that would indicate the answer would be different. Reference was made by Deputy Calleary to NAMA. When it proved impossible for us to progress the legislation on...

Topical Issue Debate: Upward-Only Rent Reviews (26 Mar 2013)

Alan Shatter: -----but I am happy to communicate with Deputy Calleary in that regard. I draw the attention of the House to the existence of a rent review arbitration code, to be found on the Department of Justice and Equality website, which was developed by an expert group whose membership was drawn from all relevant stakeholders and which provides a mechanism to deal with the resolution of rent review...

Topical Issue Debate: Upward-Only Rent Reviews (26 Mar 2013)

Alan Shatter: I share the concern expressed by the Deputies. I wish we had been in a position to enact the legislation. I heard what Deputy McNamara said. I must abide by the advice of the Attorney General. There is a constitutional obligation on the Government, when bringing legislation before this House, to ensure it is compatible with the Constitution.

Topical Issue Debate: Upward-Only Rent Reviews (26 Mar 2013)

Alan Shatter: When I was a Member of the Opposition there was disparate advice available with regard to this matter and how it might be addressed in a manner that was compatible with the Constitution. Ultimately, the Government must abide by the advice received. Like every other Member of this House, I urge landlords of commercial properties to deal in a pragmatic and reasonable way with tenants. It is...

Topical Issue Debate: Upward-Only Rent Reviews (26 Mar 2013)

Alan Shatter: I thank the Deputies for raising this issue, which has received a lot of publicity over the past few years and especially since the publication of the High Court judgment of Mr. Justice Peter Charleton yesterday. As Deputies will know, the issue of upward-only rent reviews has been raised on a number of occasions in this House. I did so on various occasions when in opposition, as Deputy...

Topical Issue Debate: Upward-Only Rent Reviews (26 Mar 2013)

Alan Shatter: Do me a favour. When the Deputy's party was in government, it did not address the issue.

Written Answers — Department of Justice and Equality: Garda Resources (26 Mar 2013)

Alan Shatter: The Deputy will be aware that the allocation of Garda resources, including accommodation, is a matter for the Garda Commissioner. I have been informed by the Garda authorities that legal issues have arisen in relation to the occupation of a number of properties at the location referred to by the Deputy. I also understand that legal advice has been sought in relation to these issues and,...

Written Answers — Department of Justice and Equality: Property Services Regulation (26 Mar 2013)

Alan Shatter: The Property Services (Regulation) Act 2011 established the Property Services Regulatory Authority to control, supervise and regulate Property Services Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents). Any person wishing to provide a property service must be licensed by the Authority and meet certain minimum qualification standards. The new PSRA licensing...

Written Answers — Department of Justice and Equality: Garda Deployment (26 Mar 2013)

Alan Shatter: I have sought a report from the Garda authorities on the matter referred to and will write to the Deputy when the information is to hand.

Written Answers — Department of Justice and Equality: Residency Permits (26 Mar 2013)

Alan Shatter: I propose to take Questions Nos. 409 and 448 together. There are no current plans to engage in any form of blanket regularisation of migrants who are unlawfully in the State. It is the responsibility of all non EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality. Most migrants do in fact comply with this...

Written Answers — Department of Justice and Equality: Property Registration Fees (26 Mar 2013)

Alan Shatter: Land Registry fees become payable on the making of an application for registration of title or for the other searching, inspection and copying services provided by the Property Registration Authority. The Land Registration (Fees) Order 2012 (S.I. No. 380 of 2012), which came into effect on 1 December 2012, introduced new fees for Land Registry services. Section 21(2) of the Registration of...

Written Answers — Department of Justice and Equality: Industrial Relations Issues (26 Mar 2013)

Alan Shatter: At a sectoral level, the Garda Conciliation and Arbitration Scheme provides a framework for the resolution of industrial relations issues between Garda management, my Department and the Department of Public Expenditure and Reform on the one hand and representatives of the Garda associations on the other hand. The scheme covers industrial relations issues such as pay, allowances, terms and...

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