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Written Answers — Department of Justice and Equality: Road Traffic Offences (24 Mar 2015)

Frances Fitzgerald: I wish to advise the Deputy that I am continuing to make enquiries with the Courts Service and the Garda Síochána in relation to the information sought by the Deputy and I will write to the Deputy directly as soon as it is to hand. I want to assure the Deputy that I am treating as a priority the need to have in place the most efficient and effective processing and recording of data...

Written Answers — Department of Justice and Equality: Road Safety Data (24 Mar 2015)

Frances Fitzgerald: I propose to take Questions Nos. 494 and 498 together. I sought clarification in relation to the information requested and can confirm that I have recently replied directly to the Deputy in this regard. For ease of reference, I can advise the Deputy that I am informed by the Garda authorities that there is extensive enforcement of driver licence legislation as provided for in the...

Written Answers — Department of Justice and Equality: Crime Data (24 Mar 2015)

Frances Fitzgerald: I propose to take Questions Nos. 495 to 497, inclusive, together. The Deputy will appreciate that, as the CSO is the independent national statistical agency, the format of the recorded crime statistics which it publishes are matters for it to determine. Crime statistics are derived from data (including PULSE data) which is transmitted by criminal justice agencies to the CSO. I understand that...

Written Answers — Department of Justice and Equality: Courts Service Data (24 Mar 2015)

Frances Fitzgerald: I propose to take Questions Nos. 499, 500 and 504 together. The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision...

Written Answers — Department of Justice and Equality: Legislative Measures (24 Mar 2015)

Frances Fitzgerald: The Fines (Payments and Recovery) Act 2014 represents a very significant change in the way justice will be administered by the courts. The aim is to seek to effectively eliminate, in so far as is possible the need for a judge to commit anyone to prison for the non-payment of a fine. As well as introducing an option for persons to pay by instalment, there are also changes in the way in which...

Written Answers — Department of Justice and Equality: Courts Service Data (24 Mar 2015)

Frances Fitzgerald: I propose to take Questions Nos. 502 and 503 together. The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of...

Written Answers — Department of Justice and Equality: Garda Vetting of Personnel (24 Mar 2015)

Frances Fitzgerald: Ensuring the safety of children and vulnerable adults is the primary consideration in any vetting process and accordingly such vetting processes demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of the service. There is no arrangement in place whereby vetting reports are valid for fixed periods of...

Written Answers — Department of Justice and Equality: Garda Operations (24 Mar 2015)

Frances Fitzgerald: I propose to take Questions Nos. 506 and 507 together. In view of the fact that the Garda Síochána Ombudsman Commission has launched a public interest investigation into the incident referred to by the Deputy under powers granted to them by Section 102(4) of the Garda Síochána Act 2005, it would not be appropriate for me to comment on the matter while this investigation is...

Written Answers — Department of Justice and Equality: Legislative Process (24 Mar 2015)

Frances Fitzgerald: The system of wardship will be abolished under the provisions of the Assisted Decision-Making (Capacity) Bill 2013 which proposes a modern statutory framework to support decision-making by adults with capacity difficulties. The Bill provides for the replacement of the adult Wards of Court system with a less intrusive system which offers a continuum of options to support people in maximising...

Written Answers — Department of Justice and Equality: Garda Powers (24 Mar 2015)

Frances Fitzgerald: An Garda Síochána did not carry out an inspection of two US Military aircraft at Shannon Airport on 11 March 2015. They have no role in relation to the inspection of foreign State or military aircraft to which, in accordance with international law, sovereign immunity attaches.

Written Answers — Department of Justice and Equality: Registration of Title (24 Mar 2015)

Frances Fitzgerald: The position is that section 69 of the Registration of Title Act 1964 makes provision for the registration of any easement created by express grant or registration following first registration of the land. Moreover, Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 has updated the law concerning the acquisition of easements, including rights of way, based on earlier...

Written Answers — Department of Justice and Equality: Garda Vetting Applications (24 Mar 2015)

Frances Fitzgerald: I am informed by the Garda authorities that the Garda Central Vetting Unit (GCVU) has no application for vetting on hand in respect of the person to whom the Deputy refers. In the circumstances I can only suggest that the person contacts the registered organisation involved. Records indicate that the most recent vetting application on behalf of this person was processed and returned to...

Written Answers — Department of Justice and Equality: Housing Issues (24 Mar 2015)

Frances Fitzgerald: The position is that instances of gazumping normally arise where a non-enforceable agreement for the sale of property at a particular price is reached between a vendor and intending purchaser but subsequently the vendor refuses to complete a formal contract and sells the property to another purchaser for a higher price. The non-enforceable relationship between the original parties is...

Written Answers — Department of Justice and Equality: Visa Applications (24 Mar 2015)

Frances Fitzgerald: Visa applications from the two persons referred to by the Deputy are currently being processed by the INIS Visa Office in New Delhi. I am informed by my officials that there are some outstanding documents awaited from the sponsor in Ireland which has resulted in a delay in processing. I am also informed that a decision will issue after receipt of these documents. Queries in relation...

Written Answers — Department of Justice and Equality: Legislative Process (24 Mar 2015)

Frances Fitzgerald: My Department is currently preparing amendments for the Dáil Committee Stage of the Bill to respond to issues raised in submissions to my Department and to the Joint Oireachtas Committee on Justice, Defence and Equality. The aim is to strengthen the safeguards contained in this legislation so that persons with capacity difficulties can exercise decision-making autonomy to the greatest...

Written Answers — Department of Justice and Equality: Legislative Measures (24 Mar 2015)

Frances Fitzgerald: The position is that Part 11 of the Land and Conveyancing Law Reform Act 2009 contains statutory provisions concerning the registration of judgment mortgages. Section 116 of the 2009 Act provides that a creditor who has obtained a judgment against a person may apply to the Property Registration Authority to register a judgment mortgage against that person's estate or interest in land. The...

Written Answers — Department of Justice and Equality: Proposed Legislation (24 Mar 2015)

Frances Fitzgerald: On 27 November, I published the General Scheme of a Criminal Law (Sexual Offences) Bill which includes two new offences of purchasing, in the context of prostitution, sexual services. The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence....

Written Answers — Department of Justice and Equality: Vehicle Registration (24 Mar 2015)

Frances Fitzgerald: I propose to take Questions Nos. 518 and 519 together. I have sought the detailed views of an Garda Síochána in relation to the matter raised by the Deputy and I will be in contact directly when information is available.

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (24 Mar 2015)

Frances Fitzgerald: The Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. This was one of the...

Written Answers — Department of Justice and Equality: Language Schools (24 Mar 2015)

Frances Fitzgerald: I remain fully committed to delivering on the Government's regulatory reforms programme in this area which I announced in September 2014 in conjunction with my colleague the Minister for Education and Skills. These reforms provide the necessary regulatory framework through which abuses of the student immigration system can be curtailed to the benefit of bona fide students and colleges alike....

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