Written answers

Wednesday, 13 February 2008

Department of Justice, Equality and Law Reform

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 372: To ask the Minister for Justice, Equality and Law Reform the date of establishment of the committee on court practice and procedure; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5341/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Committee on Court Practice and Procedure, which is still in existence, was established by the Minister for Justice on 13 April, 1962. Its main purpose is to examine and make recommendations on the operations of the Courts. The members are appointed by the Minister. The Committee currently comprises 4 Judges, 4 solicitors/barristers and 4 lay members.The expenditure for the past five years is as follows:

YearAmount
â'¬
2007Nil
2006Nil
20057,047.44
20043,036.19
200324,206.32

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 374: To ask the Minister for Justice, Equality and Law Reform the date of establishment of the implementation advisory group to facilitate the implementation of the provisions of the Garda Síochána Bill; if this group is still in existence; the purpose and role of this group; the number of members of the board of this group; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this group for each of the past five years; and if he will make a statement on the matter. [5343/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The group referred to by the Deputy was established in April 2005 to review preparations for the timely implementation of the Garda Síochána Bill (now the Garda Síochána Act 2005), with particular reference to the

(i) establishment of the Garda Síochána Ombudsman Commission,

(ii) establishment of the Garda Síochána Inspectorate, and

(iii) development of guidelines to enable the establishment of Joint Policing Committees.

The group was asked to report on progress to the Minister for Justice, Equality and Law Reform at the time not later than 31st December 2005. The group completed its task within the specified timeframe and ceased to exist at that stage, i.e, 23rd December 2005. There were 6 members of the group who were all appointed by the then Minister for Justice, Equality and Law Reform. The amount expended by my Department in relation to this group was approximately €40,000.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 375: To ask the Minister for Justice, Equality and Law Reform the date of establishment of Irish Legal Terms Advisory Committee; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5344/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I can inform the Deputy that the Irish Legal Terms Advisory Committee, which was established under the Irish Legal Terms Act 1945 and met for the first time on 12 January, 1946, is still in existence. The purpose and role of the committee are to assist and advise the Minister for Justice, Equality and Law Reform in the preparation of legal terms orders, which provide standard equivalents in the Irish language for certain terms, and to advise the Minister in relation to the preparation and publication of forms and precedents in the Irish language of legal instruments and documents. The committee is comprised of the following Government nominees, as well as a practising barrister nominated by the Bar Council, and a practising solicitor nominated by the Law Society:

a Supreme or High Court judge;

a Circuit Court judge;

a District Court justice;

a member of the Oireachtas translation staff; and

such other person or persons as the Government may nominate.

There are currently three serving members of the committee, each of whom was appointed by the Government in May 2001. The terms of office of the other committee members ceased in May 2006. The filling of committee vacancies is currently under consideration. The committee, which last met in late 2005, incurred negligible expenses over the past five years.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 376: To ask the Minister for Justice, Equality and Law Reform the date of establishment of the Judicial Appointments Advisory Board; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; and if he will make a statement on the matter. [5345/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Judicial Appointments Advisory Board was established on 8 March 1996 under the provisions of the Courts and Courts Officers Act 1995. The Board consists of 10 members, namely, the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, one person nominated by each of the Bar Council and the Law Society and three persons nominated by the Minister for Justice, Equality and Law Reform. The Board, which is still in existence, was established for the purposes of identifying persons and informing the Government of the suitability of those persons for appointment to judicial office.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 377: To ask the Minister for Justice, Equality and Law Reform the date of establishment of national consultative committee on racism and inter-culturalism; if this committee is still in existence; the purpose and role of this committee; the number of members of the board of this committee; the number of whom are appointed by the himself; the person by whom the remaining board members are appointed; the expenditure of this committee for each of the past five years; and if he will make a statement on the matter. [5346/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Following the European Year Against Racism in 1997, the National Consultative Committee on Racism and Interculturalism (NCCRI) was established in January 1998 as an independent expert body focussing on the combating of racism and promoting interculturalism. The NCCRI is a partnership body which brings together government and non-government organisations to contribute to policy and legislative developments and to encourage integrated actions towards acknowledging, celebrating and accommodating cultural diversity. It is involved in addressing racism at national, European and international levels. The NCCRI provides technical advice to Government and non-government organisations to assist them in implementing anti-racism and intercultural strategies.

The NCCRI operates under a Partnership Board representing three Government Departments (Justice, Equality & Law Reform, Social and Family Affairs and Foreign Affairs) and eighteen others. The non- government representatives are, in the main, nominated for appointment by a community grouping and then appointed by the Board of the NCCRI. In certain cases, the articles of association of the Committee enable the Board to make appointments of its own volition, from named groupings in society. Annual expenditure in 2003, 2004, 2005 and 2006 was €556,095, €628,474, €798,279, and €1,006,621 respectively. The figure for 2007 is not available as the audit is not yet completed. Funding is a combination of public body funding and contracts earned.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 379: To ask the Minister for Justice, Equality and Law Reform the date of establishment of the asylum seekers task force; if this body is still in existence; the purpose and role of this body; the number of members of the board of this body; the number of whom are appointed by himself; the person by whom the remaining board members are appointed; the expenditure of this body for each of the past five years; and if he will make a statement on the matter. [5350/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Asylum Seekers Task force was the name given to the Asylum Operations Division in the Department prior to the commencement in full of the Refugee Act 1996, as amended, in 2000, which saw the establishment of the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) to investigate applications for refugee status and appeals against refusals to recommend refugee status respectively. Both ORAC and RAT are now part of the Irish Naturalisation and Immigration Service (INIS), which was established in 2005 by decision of Government in order to provide a 'one stop shop' in relation to asylum, immigration, citizenship and visas. With effect from 2006 subhead D1 of the Justice Vote was renamed from Asylum Seekers Task Force to Irish Naturalisation and Immigration Service to reflect the establishment of INIS.

Subhead D2 of the Justice Vote relates to funding of the Refugee Legal Service (RLS). The RLS is a specialised office established by the Legal Aid Board (which itself is an independent statutory body) and the use of 'Asylum Seekers Task Force' has been perpetuated in how this sub-head is described in part. For the Deputy's information the funding expended in each of the last five years in subhead D1 is as follows:

Year€000
200765,040*
200652,511
200543,258
200435,588
200334,774
*Figure for 2007 is provisional and subject to change until publication of the 2007 Appropriation Accounts later this year.

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 380: To ask the Minister for Justice, Equality and Law Reform the number of staff working in the Property Services Regulatory Authority with a breakdown of their job descriptions; and if he will make a statement on the matter. [5381/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I wish to refer the Deputy to my response to Parliamentary Questions Numbers 188, 189 and 191 of 7 February, 2008 which set out the background to the publication of the General Scheme of the Property Services Regulatory Authority Bill. The Bill, which will establish the Authority on a statutory basis, is currently being drafted in the Attorney General's Office and it is anticipated that it will be published in final form later this year. Pending enactment of the legislation, an Implementation Group has been established to assist and advise on practical matters relating to the establishment of the new Authority and a Chief Executive designate has been appointed and is working closely with the Implementation Group in making arrangements for the establishment of the Authority and its structures. Two Higher Executive Officers, one Executive Officer and two Clerical Officers have been assigned from my Department to work with the implementation team on establishing the basic organisational structures, systems, procedures, protocols, rule and regulations, which are fundamental to the long term functioning of the Authority.

The new Authority will be unique internationally in the scope of its remit, responsibilities and powers and in that it will perform the dual role of regulator and ombudsman for the property services industry. It is important therefore that its structures, systems, procedures and rules and regulations be based on solid foundations and be put in place before it is established on a statutory basis. To this end the implementation team has:

successfully completed the necessary arrangements for the acquisition and fitting out of accommodation for the Authority in Navan, Co. Meath;

drawn up a Code of Practice for Auctioneers and Estate Agents, which identifies the key principles and values that should guide the day to day practice of service providers. The Code incorporates a complaints system which will enable complaints concerning non-compliance with the Code to be investigated;

established and published a National Public Register of all licensed Auctioneers and House Agents. This register will be added to on an ongoing basis and will, once the new legislation is in place, include Management Agents;

developed and put in place financial and accounting systems for the Authority;

designed and developed a website as part of the education and awareness function;

developed and implemented an office, file management and data management system suitable for the Authority's long term needs.

In addition to the foregoing the implementation team is currently working on:

designing and developing computerised licensing and complaints databases;

drafting Codes of Practice for Management Agents and Letting Agents;

preparing public information material on the provision of property services, including the purchase and sale of property;

reviewing all aspects of the work undertaken by Property Services Providers in Ireland and equivalent services in appropriate comparable jurisdictions for the purpose of prescribing the minimum education/qualification requirements necessary for the grant of licences;

establishing protocols for the vetting by the Garda Síochána of all applicants for licences;

drafting rules and regulations governing the complaints procedures;

drafting rules and regulations for the carrying out of investigations, inspections and audits of Property Services Providers' practices;

drafting rules and regulations governing the operation of Property Services Providers' accounting procedures including the manner of keeping all accounting records;

drafting rules and regulations governing the operation of client accounts;

prescribing the rights, duties and responsibilities of Property Services Providers in relation to monies received, held, controlled or paid in connection with the provision of property services;

prescribing the rules governing the auditing of Property Services Providers' accounts;

developing the systems, procedures rules and regulations necessary for the establishment of a Compensation Fund, including prescribing the level of contribution which Property Services Providers are required to pay to the Fund, the manner of reporting of losses sustained by clients, the procedures for applications for grants from the Fund and the manner of investment of Fund moneys;

prescribing rules and regulations governing the level of professional indemnity insurance which a Property Services Provider must have in place including the minimum levels of risk cover necessary, approved indemnity terms, audit reports and manner of maintaining insurance records.

The aim is to ensure that the complex systems, procedures, rules, regulations and protocols outlined above are developed as soon as possible in order to ensure that, once the legislation is passed, the Authority will be able to commence enforcement of the new regulatory regime at an early date.

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