Lenihan, Brian Joseph

Tuesday, 23 October 2007

Dáil Eireann Debate
Vol. 640 No. 1

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Criminal Procedure (Amendment) Bill 2007: Order for Second Stage.

I move: “That Second Stage be taken now.”More Button

Criminal Procedure (Amendment) Bill 2007: Second Stage.

I move: “That the Bill be now read a Second Time.” The purpose of this short Bill is to correct a legal anomaly that has recently come to light in the law relating to bail. The Bill addresses a diffi...More Button

I am glad all speakers welcome the principle of the legislation. The poor old peace commissioner vanished under the earlier Act and is being restored as part of this legislative measure. I share Dep...More Button

Criminal Procedure (Amendment) Bill 2007: Committee and Remaining Stages.

That is a fair question. The provisions of the Bill apply to existing peace commissioners. However, for any particular commissioner, or class of commissioners, to be able to exercise this function, ...More Button

On the Deputy’s specific question, the recognisances in question have been entered into and the bond has been made or the cash paid. We have not been advised by the Attorney General of any identified...More Button

The answer at this stage is that we have the recognisance. This legal question, like many others that arise in the context of an invalid practice, is best settled on receipt of advice from the Attorn...More Button

It could be any officer, but in general the practice is to delegate this power on an occasional basis to deputy governors.More Button

Written Answers - Legislative Programme.

Was asked: when he will introduce the governing legislation for management companies and appoint a regulator of management companies to regulate all management companies, oblige vendors to provide clear informa...More Button

In December 2006, the Law Reform Commission published a Consultation Paper on Multi-Unit Developments which drew attention to a broad range of issues arising in relation to the governance and operatio...More Button

Written Answers - Visa Applications.

Was asked: if there is a mechanism whereby a Moldovan national who came here on a visa and work permit which both expired two years ago can be considered for a visa extension to enable them to remain here and t...More Button

Any foreign national in the State has a responsibility to ensure that his/her permission to remain in Ireland is kept up to date. A person without such permission is in the State unlawfully and must ...More Button

Written Answers - Decentralisation Programme.

Was asked: the number of civil servants and other public servants who have relocated from Dublin to Meath under the decentralisation programme to date; and the estimated number who will have relocated by the en...More Button

Under my Department’s Decentralisation Programme, sixty-eight posts will move to Navan by the end of 2007.More Button

Written Answers - Departmental Schemes.

Was asked: the future plans which the Government has for accepting refugees; the nationalities and numbers involved; and if he will make a statement on the matter. More Button

I take it that the Deputy is referring to the Government’s scheme of “resettlement” or “quota” refugees. In May 2005, the Government decided to increase Ireland’s annual quota of resettlement refugee...More Button

Written Answers - Driver Testing.

Was asked: if his attention has been drawn to the difficulties being experienced by members of the public in acquiring a public service vehicle licence as outlined in correspondence (details supplied); if he wi...More Button

In the time available it has not been possible for the Garda authorities to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.More Button

Written Answers - Ministerial Transport.

Was asked: the number of ministerial cars converted to environmentally friendly and fuel efficient alternatives; the Departments they belong to; the number of Ministerial cars that are diesel; the number that a...More Button

Was asked: if he plans to instruct the Office of Public Works to source a biofuel or hybrid vehicle when Ministerial vehicles are replaced. More Button

Was asked: the date Ministerial vehicles were acquired by the State; the number of miles that have been accumulated since this date by Minister; the vehicles engine specification; and the expected disposal date...More Button

I propose to take Questions Nos. 518, 548 and 549 together. The requirements for the fleet of cars provided for Members of the Government are subject to regular review and assessment in order to ensur...More Button

Written Answers - Asylum Applications.

Was asked: when a person (details supplied) in County Dublin will be informed of a decision made on the family reunification application for persons; and if he will make a statement on the matter. More Button

The person in question made an application for Family Reunification in January 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section...More Button

Written Answers - Citizenship Applications.

Was asked: when a decision will be made on an application for citizenship in respect of a person (details supplied). More Button

An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in November 2005. Officials in that se...More Button

Written Answers - Visa Applications.

Was asked: the position with regard to a spouse visa for a person (details supplied) in County Waterford; and when this visa will issue. More Button

The application referred to by the Deputy for a “Join Spouse” visa was received in the Visa Office, Dublin on 27 September 2007. Visa applications are processed as speedily as possible having regard ...More Button

Written Answers - Citizenship Applications.

Was asked: when a decision will be made on the applications for naturalisation by persons (details supplied); and if he will make a statement on the matter. More Button

Applications for certificates of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Section of my Department in September 2007. Officials in the Cit...More Button

Written Answers - Departmental Reports.

Was asked: if his output statement has been published on his Department’s website; and the date on which it was put up on the website. More Button

The output statement for my Department was published on the Department of Justice, Equality and Law Reform’s website in May 2007.More Button

Written Answers - Firearms Theft.

Was asked: the number and type of legally held firearms which ended up in the hands of criminals every year for the past five years. More Button

The information requested by the Deputy is set out in the tabular statement which shows the number of firearms recorded as stolen in years 2002 to 2007. The category of “Other” includes Starting Pist...More Button

Written Answers - State Laboratories.

Was asked: if he will publish the review (details supplied) into the resource needs of the forensic laboratory; and if he will make a statement on the delay in building a state of the art forensic laboratory. More Button

Was asked: if he will address the personnel shortages at the State Forensic Laboratory in an effort to speed up Garda preparation of books of evidence which in turn could help reduce the numbers absconding whil...More Button

I propose to take Questions Nos. 525 and 572 together. The position is that my Department works closely with the Forensic Science Laboratory in assessing and responding to its needs. To this end an a...More Button

Was asked: his views on comments made by the director of the State Forensic Laboratory which will operate the Government’s proposed DNA database who stated that the DNA database poses no threat to human rights,...More Button

Last February the Government approved the Heads of the Criminal Justice (Forensic Sampling and Evidence) Bill. The Bill will provide for the establishment of a DNA database. The Heads as approved by t...More Button

Written Answers - Citizenship Applications.

Was asked: when an application for naturalisation by a person (details supplied) in County Louth will be processed; the expected period of time to complete the processing of same; and if he will make a statemen...More Button

An application for a certificate of naturalisation from the person referred to in the Deputy’s question was received in the Citizenship Section of my Department in March 2005. Officials in that secti...More Button

Written Answers - Garda Operations.

Was asked: if he will put in place a safety and security plan in an area (details supplied) in Dublin 5 as a matter of priority. More Button

I am informed by the Garda authorities that several incidents in the area referred to have been reported to them. These incidents are under investigation and have resulted in a number of arrests. I am...More Button

Was asked: if he will clarify the situation regarding people who give information to the Gardaí but who are themselves involved in crime; and if a blind eye is turned on these individuals. More Button

The use of intelligence sources by members of An Garda Síochána is under the direct operational control of the Garda authorities. I am informed by the Garda authorities that policy and procedures whic...More Button

Was asked: if he will put in place a safety and security plan in a location (details supplied) as a matter of priority. More Button

I am informed by the Garda authorities that local Garda management is aware of anti-social behaviour and other public order offences in the area referred to. These incidents are under active investiga...More Button

Written Answers - Residency Permits.

Was asked: if he will grant long term residency to a person (details supplied) in County Cork. More Button

The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa...More Button

Written Answers - Departmental Travel.

Was asked: if his Department has a policy with regard to frequent flyer points accrued by Ministers or civil servants; if these must be signed over to his Department or if they can be retained by the individual...More Button

I can refer the Deputy to the Civil Service Code of Standards and Behaviour (Department of Finance Circular 26/2004) and to Section 16.2 in particular, which deals with the receipt of gifts by Civil S...More Button

Written Answers - Prisoner Transfers.

Was asked: the stage the repatriation process has reached for a person (details supplied); and if he will make a statement on the matter. More Button

I can inform the Deputy that my Department has recently received the High Court warrant which allows for the transfer of this individual into this country and the continued enforcement of his prison s...More Button

Written Answers - Garda Investigations.

Was asked: his views on a newspaper article (details supplied); if he will ensure that the Garda authorities clarify that the person who is the subject of that article was not involved in any criminality in ord...More Button

The position remains as stated in my reply to Parliamentary Question No. 923 of 26 September, 2007. A Garda investigation file relating to the proceeds of the Northern Bank robbery has been submitted...More Button

Written Answers - Prison Committals.

Was asked: the number of people who were committed to prison for penalty point violations recorded since their introduction; and if he will make a statement on the matter. More Button

As the Deputy will be aware there is no relationship between penalty points and committal to prison. Consequently, the Irish Prison Service does not record information relating specifically to the im...More Button

Written Answers - Foreign Lotteries.

Was asked: the extent to which foreign lotteries are operating here; the number of prosecutions under the Gaming and Lotteries Act,1979 over the past ten years in this regard; and if he has proposals to warn th...More Button

The Gaming and Lotteries Act, 1956, as amended, covers gaming and lotteries other than the National Lottery, which is governed by the National Lottery Act 1986. In addition, the Betting Act, 1931 gov...More Button

Written Answers - Garda Investigations.

Was asked: the position of the property of a person (details supplied) in County Kildare; and if he will make a statement on the matter. More Button

I am informed by the Garda Commissioner that, as a result of a complaint received by the Gardaí in Kildare, the property referred to was seized and is currently retained at Kildare Garda Station.More Button

Written Answers - Proposed Legislation.

Was asked: if he will use his influence to ensure that the Criminal Evidence Act, 1992 is amended in order to ensure that persons with intellectual disabilities are provided with greater protection with regard ...More Button

Was asked: if he will amend the Criminal Evidence Act, 1992 to include provisions to deal with sexual assault or any kind of sexual offence against an adult with an intellectual disability; and if he will make ...More Button

Was asked: the legislation, in view of the decision delivered by Judge Patrick McCartan in the Circuit Criminal Court in Dublin (details supplied) he proposes enacting and enable a person who is the victim of r...More Button

I propose to take Questions Nos. 538, 544 and 545 together. I am examining the implications of a recent decision in the Dublin Circuit Court to ascertain whether any legislative change is required.More Button

Written Answers - Citizenship Applications.

Was asked: the reason a person (details supplied) who has been seeking naturalisation since 2004 is not being processed for consideration; and if he will make a statement on the matter. More Button

An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in March 2007. On examination of the a...More Button

Written Answers - Proposed Legislation.

Was asked: if he has proposals to provide for the offence of corporate manslaughter arising from the proposals of the Law Reform Commission of October 2005. More Button

Proposals to provide for the offence of corporate manslaughter arising from the Law Reform Commission’s Report published in October 2005 are included in the Government’s Autumn Legislative Programme f...More Button

Written Answers - Residency Permits.

Was asked: if he will award stamp four or temporary residency status in the case of a person (detail supplied) in Dublin 22; and if he will make a statement on the matter. More Button

I refer the Deputy to Parliamentary Question No. 929 & 985 of Wednesday, 26 September, 2007. As stated in that reply the person in question has been granted temporary leave to remain in the State for...More Button

Written Answers - Garda Training.

Was asked: if specific training is part of the programme for Garda recruits at the Templemore training facility to enable them to more correctly understand the special needs of persons with a sensory or physica...More Button

I am informed by the Garda Commissioner that the Student Probationer School delivers a training programme in Social and Psychological Studies to all Students/Probationers on meeting and communicating ...More Button

Written Answers - Closed Circuit Television Systems.

Was asked: when precisely closed circuit television will be installed in Athlone; and if he will make a statement on the matter. More Button

Athlone is one of 14 locations into which the Garda town centre CCTV programme is being expanded. I have been informed by the Garda authorities that the tenders received for the provision of a town c...More Button

Written Answers - Garda Training.

Was asked: his plans to provide funding to the Garda to provide a dedicated firearms range; the facilities available to the Garda for such training; and if he will make a statement on the matter. More Button

The provision of firearms training and related facilities for members of An Garda Síochána who are authorised to carry firearms are matters for the Garda Commissioner in accordance with his identified...More Button

Written Answers - Garda Investigations.

Was asked: if Garda investigations into PIPS, a bogus investment scheme, are ongoing; and if he will make a statement on the matter. More Button

An Garda Síochána continues to investigate complaints from members of the public as they arise relating to the operation of bogus investment schemes such as PIPS which may involve fraudulent withdrawa...More Button

Written Answers - Citizenship Applications.

Was asked: when he will make a decision regarding applications for naturalisation made by persons (details supplied) in Dublin 22. More Button

Processing of applications for certificates of naturalisation from the persons referred to in the Deputy’s question are at an advanced stage and I expect to be in a position to advise the Deputy and t...More Button

Written Answers - Garda Operations.

Was asked: the plans there are to move the Garda divisional headquarters from Roscommon Town; if he will review the situation; and if he will make a statement on the matter. More Button

In accordance with section 22 of the Garda Síochána Act 2005, decisions on the establishment or relocation of a Garda Divisional Headquarters are matters for the Garda Commissioner in the first instan...More Button

Written Answers - Departmental Expenditure.

Was asked: the amount of money spent on paper and stationery in 2007: the amount of this money spent on recycled paper; and if he will make a statement on the matter. More Button

I can inform the Deputy that, based on an analysis of payments to the main suppliers of paper stationery products to my Department, it is estimated that in the region of €288,000 has been spent on suc...More Button

Written Answers - Visa Applications.

Was asked: if he has placed new restrictions on the issue of holiday visas; and if he will examine the case of a person (details supplied) where only two weeks have effectively been granted. More Button

I would inform the Deputy that the criteria for consideration of visa applications have not been changed and each application is considered on its merits. In the case referred to, I am pleased to adv...More Button

Written Answers - Residency Permits.

Was asked: further to Parliamentary Question No. 225 of 27 March 2007, if his Department will reassess if a person (details supplied) in County Meath qualifies for long term residency; and if he will make a sta...More Button

The Immigration Division of my Department has recently been in contact with the person concerned requesting further documentation. On receipt of a response the application will be processed further.More Button

Written Answers - Garda Strength.

Was asked: the number of gardaí on active duty at the end of September 2007 and the same figure for October 2006; and if he will make a statement on the matter. More Button

As of the 30 September 2007, the latest date for which figures are readily available, the personnel strength on An Garda Síochána was 13,531. The personnel strength of An Garda Síochána on 30 October...More Button

Written Answers - Citizenship Applications.

Was asked: the position in relation to the application for a certificate of naturalisation for a person (details supplied) in Cork south west; and if same will be granted. More Button

An application for a certificate of naturalisation from the person referred to in the Deputy’s question was received in the Citizenship Section of my Department on the 9 January 2007. Officials in t...More Button

Written Answers - Visa Applications.

Was asked: the reason for refusing the granting of a holiday visa to a person (details supplied); the evidence that would satisfy to grant such a visa; and if he will make a statement on the matter. More Button

I refer the Deputy to my answer to Parliamentary Question 355 of the 17 October 2007, in which I listed the reasons why a visa had not been approved in this case. The decision of the Visa Officer may...More Button

Written Answers - Departmental Reports.

Was asked: when the Gaming Commission will be set up; where it will be located; the time schedule as to when it will be established; and if he will make a statement on the matter. More Button

The Deputy will be aware that in August, 2006, the Government agreed to the proposal of my predecessor for the establishment of a Committee (the Casino Regulation Committee) to report on the possibili...More Button

Written Answers - Garda Stations.

Was asked: the situation regarding the new Garda station at Buncrana County Donegal. More Button

I have been informed by the Garda authorities that plans for the new Garda station in Buncrana are well advanced. Contracts for additional land for the new station are being processed by the Chief St...More Button

Written Answers - Prison Building Programme.

Was asked: the estimated date for the completion of the new prison facility to replace Cork Prison; and the approximate cost of same. More Button

Allowing for the steps still to be taken, including the tendering process as well as the design and construction phase, it is unlikely that a new prison facility to replace Cork prison will be complet...More Button

Written Answers - Ground Rents.

Was asked: if his Department will assist a person (details supplied) in Dublin 9; if he will take action to resolve the general ground rent issue; and if he will make a statement on the matter. More Button

In relation to ground rents in general, the law already provides for a statutory scheme for the acquisition of the fee simple in dwelling houses which is set out in the Landlord and Tenant (Ground Ren...More Button

Written Answers - Parental Leave Provisions.

Was asked: if he has conducted a review of the provision here of rights and of financial supports for flexible parental leave which could allow parents to better balance their family and work responsibilities; ...More Button

The development of work life balance policies in Ireland is addressed on two fronts. Firstly, appropriate legislative measures provide for statutory entitlements such as maternity leave, adoptive lea...More Button

Written Answers - Garda Stations.

Was asked: the number of Garda stations that have internet access; the number that have e-mail accounts; the number generally equipped with broadband capability; and if he will make a statement on the matter. More Button

I am informed by the Garda Authorities that the Garda Information System (GIS) which includes access to PULSE, the Garda National Immigration Bureau Systems, is also used to deliver external Email and...More Button

Written Answers - Garda Training.

Was asked: the proportion of serving Gardaí who have information technology training; if basic competence in information technology is required for recruitment to the force; the proportion of the force that has...More Button

I have requested the information sought by the Deputy from the Garda Commissioner. I will write to the Deputy directly when this information is to hand.More Button

Written Answers - Visa Applications.

Was asked: the reason an application for a visa by a person (details supplied) in County Westmeath was recently refused; if this application will be reviewed; and if he will make a statement on the matter. More Button

The application for a “Join Spouse” visa referred to by the Deputy was received in the Visa Office, Dublin on 31 July 2007. It was refused on 14 August 2007 because the Visa Officer was not provided ...More Button

Written Answers - Residency Permits.

Was asked: if non-EU nationals who enter the State as the spouse of an Irish citizen are entitled to a C or a D visa while their application for residency is pending; if the Garda National Immigration Bureau ar...More Button

Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Non-EEA nationals who have no current permission to remain within the State are ...More Button

Was asked: the processing times for applications for residency based upon marriage to an Irish citizen; if his attention has been drawn to the hardship posed to these families due to the denial of employment ri...More Button

Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Non-EEA nationals who have no current permission to remain within the State are ...More Button

Written Answers - Citizenship Applications.

Was asked: when the naturalisation application by a person (details supplied) will be processed; and if same can be expedited as the applicant, a spouse of an Irish citizen, reports regular harassment on their ...More Button

An application for a certificate of naturalisation from the person referred to in the Deputy’s question was received in the Citizenship Section of my Department on the 12 May 2007. Officials in that ...More Button

Written Answers - Departmental Expenditure.

Was asked: the amount of the €3 million promised to the graffiti removal operation launched in June 2006 that was actually spent before it was decided by his Department to wind it up. More Button

As the Deputy will be aware, primary responsibility for the removal and cleaning of graffiti rest with Local Authorities under the Litter Pollution Act, 1997. This Department in association with the D...More Button

Written Answers - Garda Deployment.

Was asked: if his attention has been drawn to the comments by a senior Garda Officer (details supplied) to the effect that the local drugs units are re-directed into other policing tasks which emerge thereby di...More Button

As the Deputy will appreciate, policing operations and the deployment of Garda resources are matters for the Garda Commissioner. It is and must remain the responsibility of Garda management to alloca...More Button

Written Answers - Courts Service.

Was asked: if he will make additional resources available to the Courts Service for the Circuit Criminal Court to speed up the acquirement of hearing dates in an effort to reduce the numbers absconding while on...More Button

The Deputy will be aware that evidence in relation to the likelihood of an accused person absconding whilst on bail is one of the factors which may be taken into account by a court in refusing bail. ...More Button

Written Answers - Joint Policing Committees.

Was asked: further to his response to Parliamentary Question No. 349 of 17 October 2007, the person who will be invited to participate in the consultation seminar on the experiences gained in the operation of t...More Button

Was asked: if he will make a statement detailing what the €500,000 funding for Joint Policing Committees provided for in Budget 2007 has been spent on to date. More Button

I propose to take Questions Nos. 573 and 575 together. Officials from my Department and the Department of the Environment, Heritage and Local Government are currently engaged in organising a consultat...More Button

Written Answers - Statutory Inquiries.

Was asked: the date he expects to publish the report of the statutory inquiry headed by Mr. Hugh Hartnett SC into the death of a person (details supplied) following Garda custody. More Button

The report was submitted to me on 3 October last. At present my officials are in consultation with the office of the Attorney General regarding the legal implications of the report’s contents for any ...More Button


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