Deirdre Clune
Question:11 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform his views and intentions in respect of electronic tagging; and if he will make a statement on the matter. [32781/08]
Written Answers.
The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 10, inclusive, answered orally.
Electronic Monitoring of Offenders.
The enabling provisions to allow for the use of Electronic Monitoring are provided for in the Criminal Justice Acts of 2006 and 2007. However, before any decisions are taken on the introduction of those specific provisions careful and detailed consideration must be given to the costs, advances in technology, the offender cohort most suitable and the likely overall impact on reducing recidivism and preventing crime. For those reasons I have no immediate plans at this point in time to implement the enabling provisions of the Criminal Justice Acts, 2006 and 2007, in relation to Electronic Monitoring.
However, I can assure the House that my Department is keeping developments in other jurisdictions under close review so that any decisions we make in the future will be informed by the practical experience gained from how Electronic Monitoring has, in fact, operated on the ground in other countries. In particular, the outcomes achieved and the added value to the overall management of offenders brought to bear by the use of Electronic Monitoring will be central to any decisions taken.
Garda Deployment.
Seymour Crawford
Question:12 Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform if he is satisfied with the number of gardaí on duty in the border areas of Cavan, Monaghan and Leitrim; his views on whether these are difficult areas to give reasonable garda coverage; the number of gardaí in each of the towns in Leitrim, Cavan and Monaghan; the number of garda barracks providing a 24 hour service; if he is satisfied with the current level of garda provision in the area; and if he will make a statement on the matter. [32878/08]
I am advised by the Garda Commissioner that the policing of the border area is constantly monitored and reviewed by senior Garda Management and their Regional Management Team. He also tells me that local Garda management is satisfied that the personnel currently allocated to Garda Stations in the border area is adequate to meet current policing requirements. An Garda Síochána, in co-operation with the Police Service of Northern Ireland, is engaging in high-visibility policing along the border. Furthermore, initiatives under 'Operation Anvil' have also been put in place to target those involved in criminality, particularly with a cross-border element.
As of 31 August 2008 the latest date for which figures are readily available, the personnel strength of the Sligo/Leitrim and the Cavan/Monaghan Divisions was 313 and 414 respectively. I have provided a table which lists the strength of each Garda Station in the above Divisions.
|
Division |
Station |
24 Hours Station |
Strength |
|
Leitrim |
Carrick-on-Shannon |
Yes |
40 |
|
Cloone |
1 |
||
|
Dromod |
1 |
||
|
Drumshanbo |
4 |
||
|
Keschcarrigan |
1 |
||
|
Mohill |
5 |
||
|
Roosky |
3 |
||
|
Manorhamilton |
Yes |
26 |
|
|
Blacklion |
5 |
||
|
Dowra |
3 |
||
|
Dromahair |
3 |
||
|
Drumkerrin |
3 |
||
|
Glenfarne |
1 |
||
|
Kiltyclogher |
2 |
||
|
Kinlough |
6 |
||
|
Cavan/Monaghan |
Bailieboro |
Yes |
43 |
|
Ballyjamesduff |
4 |
||
|
Cootehill |
8 |
||
|
Kingscourt |
5 |
||
|
Mullagh |
2 |
||
|
Shercock |
2 |
||
|
Tullyvin |
— |
||
|
Virginia |
5 |
||
|
Ballyconnell |
Yes |
26 |
|
|
Ballinamore |
4 |
||
|
Bawnboy |
1 |
||
|
Belturbet |
4 |
||
|
Carrigallen |
2 |
||
|
Killeshandra |
2 |
||
|
Swanlinbar |
3 |
||
|
Carrickmacross |
Yes |
47 |
|
|
Ballybay |
4 |
||
|
Castleblaney |
Yes |
31 |
|
|
Corrinshigagh |
2 |
||
|
Rockcorry |
1 |
||
|
Shantonagh |
2 |
||
|
Cavan |
Yes |
70 |
|
|
Arva |
3 |
||
|
Ballinagh |
3 |
||
|
Finea |
3 |
||
|
Kilnaleck |
2 |
||
|
Redhills |
1 |
||
|
Stradone |
2 |
||
|
Monaghan |
Yes |
113 |
|
|
Clones |
9 |
||
|
Clontibret |
1 |
||
|
Emyvale |
4 |
||
|
Newbliss |
1 |
||
|
Scotstown |
3 |
||
|
Smithboro |
1 |
Juvenile Offenders.
Jan O'Sullivan
Question:13 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of gardaí currently operating as juvenile liaison officers; if he has plans to increase the number having regard to the success of schemes operated by JLOs; and if he will make a statement on the matter. [32851/08]
As of 31 August last, the latest date for which figures are readily available, the number of dedicated Juvenile Liaison Officers throughout the Force was 103, made up of 95 Gardaí and 8 Sergeants. An additional 7 new Juvenile Liaison Officer posts are being created in 2008. These new posts are to be located in the Garda Divisions of Cavan/Monaghan, Kerry, Limerick and Tipperary, as well as Coolock, Finglas and Tallaght in the Dublin area. The position in Tallaght was filled in April and the remaining positions will be filled shortly. The Garda Commissioner has given a commitment to appoint a further 21 Juvenile Liaison Officers by 2010.
The Garda Juvenile Diversion Programme has proven to be highly successful in diverting young persons away from crime by offering guidance and support to them and their families. It also enables referral to the Garda Youth Diversion Projects, which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are currently 100 of these projects operating throughout the country.
Gaming Regulation.
Billy Timmins
Question:14 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform his views on the introduction of fixed odds betting terminals; and if he will make a statement on the matter. [32771/08]
The Report "Regulating Gaming in Ireland" deals comprehensively with many aspects of gaming and gambling in Ireland, including the subject of Fixed Odds Betting Terminals, or FOBTs. As the Deputy is aware, the report regarded FOBTs as gaming instruments and therefore as inappropriate instruments to be located in licensed bookmakers' premises, on the basis that the traditional distinction between gaming and betting should be maintained.
In the current regulatory environment, I am advised that FOBTs, if they were introduced in bookmakers' premises, would be illegal. The Gaming and Lotteries Act 1956 as amended prohibits gaming except in limited circumstances, for example at a circus or travelling show, at a carnival, or in a licensed amusement arcade — and then subject to limitations. Unlawful gaming is defined as playing a game (whether of skill or chance or partly skill and partly chance) for stakes placed by the players in which, by reason of the nature of the game, the chances of all the players, including the banker, are not equal or in which any portion of the stakes is retained by the promoter or by the banker, otherwise than as winnings on the result of the play.
I understand that fixed odds betting terminals or FOBTs are software-driven, often touch screen, terminals, usually of about the same size and shape as a stand alone floorstanding cash dispenser. FOBT users can place stakes on a variety of gambling products and services whose outcome is driven by a random number generator operated by an independent third party and located remotely. I am aware of data from Great Britain which suggests that problem gamblers are attracted to FOBTs. However, the FOBT issue is just one of a number of issues surrounding the development of gaming policy in Ireland. It is not something that I believe should be given greater prominence than others, such as for example, the challenges of remote gambling and the need to protect young people from getting sucked into a gambling culture.
In my answer to Parliamentary Question Number 932 of Wednesday 24th September last, I set out the terms of reference of the informal Cross-Party Committee to Review Gaming in Ireland. I am setting up this Committee following on from publication of the report of the Casino Committee, "Regulating Gaming in Ireland". I look forward to receiving the advice of the Committee in due course.
Departmental Budget.
Simon Coveney
Question:15 Deputy Simon Coveney asked the Minister for Justice, Equality and Law Reform if he has identified areas in his Department in which he will cut spending; and if he will make a statement on the matter. [32784/08]
Michael D. Higgins
Question:21 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if cutbacks are planned in the services provided for or funded through his Department; and if he will make a statement on the matter. [32838/08]
I propose to take Questions Nos. 15 and 21 together.
The Deputies will be aware that the Government decided in July of this year that all Departments were required to yield up savings in their budgets to help address the very significant fall-off in State revenues. The amount to be saved by year-end in respect of the Justice Group of Votes i.e. Garda, Courts, Prisons, Property Registration Authority, as well as the Department itself is €8.7m. This saving, which amounts to 0.3% of the original budget for the year, will be realised through efficiencies and careful management of resources including the use of additional receipts primarily from the Courts Vote. In realising the savings in question, I am satisfied that the impact on services in the Justice sector, will be modest.
Garda Transport.
Frank Feighan
Question:16 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the reason his Department did not seek a bulk discount when purchasing 700 Garda patrol cars, as outlined in the Comptroller and Auditor General’s recent report; and if he will make a statement on the matter. [32788/08]
Emmet Stagg
Question:35 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the criticism made in the annual report of the Comptroller and Auditor General regarding the fact that more than 200 Garda vehicles, purchased in 2006 at a cost of €3.8 million, were not put into service until 2008; if changes are planned to purchasing or commissioning procedures to prevent such a waste of public money and to ensure that vehicles are promptly brought into use; and if he will make a statement on the matter. [32871/08]
Arthur Morgan
Question:67 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform if he will make a statement on the wastage of Garda resources, in terms of the vehicle fleet, identified by the Comptroller and Auditor General in his 2007 annual report; and if he will take steps with the Garda Commissioner to ensure a more cost effective use of resources in the future. [32494/08]
Kieran O'Donnell
Question:92 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform the reason it took more than a year for Garda cars to be fitted out, as outlined in the Comptroller and Auditor General’s recent report; the steps that have been taken to speed up this process; and if he will make a statement on the matter. [32790/08]
I propose to take Questions Nos. 16, 35, 67 and 92 together.
The provision of an additional €17m to the Garda transport subhead as part of the supplementary estimates process for 2006 enabled a significant additional purchase of Garda vehicles. As is standard practice, the supplementary estimate was submitted to and approved by the Oireachtas towards the end of the financial year when the likely outturn figures were known. Government cash accounting rules required the acquisition of the vehicles to be made towards the end of 2006.
The Garda Commissioner as Accounting Officer for the Garda Vote, has given a comprehensive response to the issues raised in the annual report of the Comptroller and Auditor General. He points out that the procurement, which utilised contracts in place by the Government Supplies Agency, represented the best value that could be achieved by the State in the circumstances that existed at that time. The main vehicle supplier has indicated to the Garda authorities that a bulk discount of the type suggested would not have been forthcoming in any event as they were already applying high volume discounts and delivering their lowest possible vehicle price under the contract. Garda Authorities also point out that the warranty period on the cars in question did not commence until they were actually put into service and that the date of purchase had no bearing on this. However, the Garda authorities acknowledge that with the benefit of hindsight the contract should have included a clause that would enable a sliding scale of discounts linked to volumes and will engage with the Government Supplies Agency to ensure such a clause is provided in future contracts.
The vast majority of the vehicles purchased were patrol cars to ensure high visibility policing. They required to be painted with the Garda livery and fitted with a range of equipment. The Garda authorities acknowledge that the purchase of such a large volume of vehicles placed a strain on the systems that were in place to fit-out the fleet at that time and that this experience would inform future approaches to vehicle purchases. Notwithstanding, over 630 of the vehicles were processed and issued by the end of 2007 and by the end of May 2008 the average age of fleet has decreased to 1.95 years compared to 3.28 years in September, 2006. While some opportunity costs were incurred in the manner in which this procurement took place the Garda authorities assure me that they expect the economic benefits of the extra €17m to accrue beyond 2011.
In order to ensure that the most cost effective and efficient operation of the fleet the Garda authorities have recently commissioned a fleet optimisation study which will examine all aspects of fleet purchase and management including the types of vehicles to be purchased, the deployment of these vehicles, fuel type, lifespan etc. The Garda authorities inform me that the study is expected to be completed by the end of this year.
Garda Divisions.
David Stanton
Question:17 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 363 of 4 June 2008, the progress that has been made by the project boards established to reorganise the garda divisions in County Cork; and if he will make a statement on the matter. [32961/08]
The previous question related to the ongoing process of aligning Garda Divisional boundaries with Local Authority boundaries. This alignment makes sense, particularly in the context of the establishment of Joint Policing Committees, which are Local Authority-based. These changes were signalled in this year's policing plan.
I am advised by the Garda authorities that they are implementing the Divisional changes on a Regional basis. Immediate efforts are concentrated on completing the changes in the Eastern Region, with other Regions following on a short period behind. Accordingly, the majority of changes for the realignment of the Divisional boundaries in County Cork will begin to be progressed in the early part of 2009, and the details of the proposed changes are under consideration by a Garda project board. An exception will be the Ardmore sub-district, which is currently part of the Midleton District in the Cork North Division, and which will transfer to the Dungarvan District in Waterford as part of the realignment of the Waterford Divisional boundaries. This change is scheduled to go live on 1st January 2009.
Prison Committals.
Denis Naughten
Question:18 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the circumstances which led to the imprisonment of a person (details supplied); and if he will make a statement on the matter. [32679/08]
Denis Naughten
Question:159 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the circumstances which led to the imprisonment of a person (details supplied); and if he will make a statement on the matter. [32818/08]
I propose to take Questions Nos. 18 and 159 together.
Every person landing in the State, including the holder of a visa, is obliged, pursuant to the provisions of section 11 (2) of the Immigration Act, 2004, to furnish to an Immigration Officer such information in such manner as an Immigration Officer may reasonably require for the purposes of the performance of his or her functions. The fact that a visa is a permission to present at the frontiers of the State but does not guarantee entry to the State, was confirmed by the High Court as recently as 23rd May 2008 (Emmanuel Omatayo James & Others — Minister for Justice Equality & Law Reform).
At section 4 of the Immigration Act, 2004, provision is made for an Immigration Officer to authorise a non-national to land in the State. Section 4(3) enumerates fourteen (14) circumstances in which an Immigration Officer, may, on behalf of the Minister, refuse to give a person a Permission to Land in the State. The circumstances, any one of which may give rise to a permission to land being refused, include, the fact that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national. About three thousand (3,000) persons are refused permission to enter the State at Dublin airport each year, representing 0.012% of the throughput of passengers using that airport. Clearly, therefore, the vast majority of travellers provide information and documentation to Immigration Officers, on arrival in the State, which enables those officers to conclude that the intended visitors should be permitted to enter the State.
Every effort is made by personnel at the Garda National Immigration Bureau to verify information supplied to them by persons making application for permission to enter the State. Personnel engaged in immigration control duties are tasked with detecting illegal immigration, with a view to protecting the State from terrorism and other forms of criminality, while processing millions of passengers. Every effort is made to fulfil this task in a courteous and efficient manner that causes the least possible inconvenience to everybody concerned. In the case of the person referred to by the Deputy, I am advised that the applicant seeking entry to the State claimed that he was visiting a named person that he identified first as his brother and then as a cousin. It subsequently emerged that the named person was not related to the applicant. This fact was established by the immigration officer when telephone contact was made with the named person. This was a significant factor in the Immigration Officer's decision.
The reality is that many individuals attempt to enter the State illegally by circumventing normal immigration procedures through deception or misrepresentation. In this regard it may be of interest to note that there was a case at Dublin Airport last July in which a person purporting to be a priest and who was wearing clothing typically worn by a cleric, was refused leave to land and subsequently admitted that he was not in fact a priest. Such deception is a global phenomenal that puts an onus on immigration authorities worldwide to strike a balance between the detection of illegal movements while at the same time facilitating the efficient throughput of passengers.
As regards the committal of the person concerned to Cloverhill Prison on 9 September I am informed that he was processed through reception in line with standard practice. He would not have been in the line of sight of anyone other than prison officers searching him. He was also treated in accordance with Irish Prison Rules. Such searching is entirely appropriate and necessary to ensure the security and safety of the prison and the health and safety of the individual concerned. In line with Standard Operational Procedures, the individual was seen on Landing D1 on the morning of 10 September as a new committal. I also understand that the records indicate that the Rules and Regulations were explained to him and a phone card application was issued. No complaints were recorded. The person concerned also received two visitors while in Cloverhill Prison and was discharged into the custody of the Garda National Immigration Bureau on the evening of 10 September 2008.
While I appreciate that the person concerned may have been very distressed by these events, I am satisfied that both the Immigration and Prison authorities fully complied with all the necessary legal and administrative procedures in their handling of this case. I am also satisfied that the individual was treated with courtesy and respect at all times. I am satisfied, having regard to the multitude of passengers that pass through our ports annually (25 million in Dublin Airport alone) that the Irish Immigration authorities strenuously work to achieve that balanced but effective approach.
Departmental Budget.
Thomas P. Broughan
Question:19 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the way in which he plans to achieve a reduction of 3% in payroll costs for his Department, as announced in July 2008; if it is intended to effect reduction in staffing levels in his and his Ministers of State’s private or constituency offices arising from the requirement to achieve a reduction of 3% in payroll costs; and if he will make a statement on the matter. [32833/08]
While the precise impact of the 3% payroll cut for my Department and its agencies will be decided in the context of the Estimates for 2009, it is clear at this stage that the required payroll cut cannot be achieved without an adjustment to staff numbers. In that regard, it is to be expected that a significant proportion of the required savings will be achieved through the non-filling of vacancies arising from retirements, resignations, transfers etc. The impact on my private and constituency offices or those of my colleague, the Minister of State for Integration, will only emerge over time. However, it is worth saying that these offices account for a very small proportion of the total staff in my Department and the contribution that they can make to the overall savings required is extremely limited.
Prison Committals.
Catherine Byrne
Question:20 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the percentage of the Irish prison population who are in prison as a result of the non-payment of fines; and if he will make a statement on the matter. [32776/08]
I can advise the Deputy that on 26 September, 2008 there was a total of six persons in prison custody held solely on foot of a warrant ordering their imprisonment in default of the non-payment of a fine. The total number of persons in custody on that date was 3,576 meaning that the percentage of prison population in custody for this reason equated to 0.17% of the prison population. Two of these persons were in custody in the Midlands Prison with one person in each of Mountjoy Prison, the Dochas Centre, Loughan House and Castlerea Prison. These persons were in custody for offences including drunken driving, no insurance and failing to make income tax returns. As the above figures indicate, the number of prisoners in this category remains low and this information should dispel any notion that our prisons contain many persons in custody for not paying fines.
Question No. 21 answered with Question No. 15.
Tribunals of Inquiry.
Shane McEntee
Question:22 Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform his plans to seek an interim report from the Smithwick tribunal; and if he will make a statement on the matter. [32791/08]
The Smithwick Tribunal was established in May 2005 pursuant to the Tribunals of Inquiry (Evidence) Acts 1921-2002, to enquire into suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Bob Buchanan in 1989. The Tribunal was established by the Oireachtas arising from the Weston Park Agreement between the Irish and British Governments in 2001. The Tribunal is chaired by Judge Peter Smithwick.
The Tribunal Chairman is independent in his functions in accordance with the provisions of the Act. The terms of the Resolutions of Dáil Éireann and Seanad Éireann and the Regulation establishing the Tribunal provide for the submission of interim reports to the Clerk of the Dáil. I have no doubt that the Tribunal is fully cognisant of the need to fulfil its mandate as expeditiously as possible.
Sex Offender Treatment Programme.
Dan Neville
Question:23 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform if he is satisfied that treatment for sex offenders in Irish prisons is effective; if measures are in place to ascertain the effectiveness of such treatment; and if he will make a statement on the matter. [32780/08]
The question of treatment for sex offenders in custody is not straightforward and cannot be viewed in isolation. Supports within the community on release can be equally vital to ensuring sex offenders do not re-offend. While the weight of opinion is that cognitive-behavioural approaches to the treatment of sexual offenders show the most promise, not all offenders are amenable to such treatment and unless properly motivated the chances of success with an offender are limited. Even if it were legally possible, there is no gain in forcing offenders to attend such treatment against their will.
A Group involving my Department, the Garda Síochána, the Irish Prison Service and the Probation Service has been established to review the existing arrangements for the management of sex offenders. That review will include the question of treatment and supervision. Three main forms of direct therapeutic intervention for sex offenders currently operate within the Irish prison system. These are as follows:
Group programmes, an intensive version of which has been in operation since 1994 and is currently under review,
Individual counselling from the Irish Prison Service's Psychology Service and from the Probation Service, and
One to one interventions by visiting psychiatrists who provide support to prisoners.
The intensive programme has catered for eight offenders at a time, taking eleven months to complete. Although delivered in Arbour Hill Prison, it has been available to sex offenders in other prisons. A total of 136 sex offenders have completed the sex offender programme to date. The most recent group completed the programme in July 2008.
However, the number of suitably motivated offenders applying for participation on the programme has declined significantly in recent years and this has been a matter of increasing concern. In light of this and in an attempt to engage more sex offenders in appropriate interventions, the Irish Prison Service has initiated a review of interventions currently available. The review will be completed by the end of the year, with new enhanced models of intervention being introduced in January 2009. The Irish Prison Service is also finalising a new Sex Offender Management Policy which examines all aspects of sentence management and resettlement of imprisoned sex offenders.
One-to-one counselling is also a critical method of working with offenders in relation to their sexual offending. In response to such counselling many offenders, who initially might deny responsibility for their crime or deny any need for treatment, are motivated towards some process of change. In 2008 to date, 61 sex offenders have engaged in one-to-one counselling and other interventions with the Psychology Service. The Probation Service also engages with prisoners on a one-to-one basis. Every effort continues to be made to assist sex offenders in custody who are willing to participate at any level in rehabilitation and relapse prevention. Staff levels in the Psychology Service have doubled since 2004 and are now at an all-time high. Further expansion is taking place, with recruitment of one Psychologist and three Psychology Assistants under way.
Garda Recruitment.
Aengus Ó Snodaigh
Question:24 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will bring forward legislative or policy provisions to reverse the blanket ban on diabetics joining An Garda Síochána and to introduce a clear system whereby every applicant or serving member with diabetes can be individually assessed and if possible accommodated to ensure that no fully trained member is unnecessarily limited in the duties they are allowed to undertake. [32491/08]
I am informed by the Garda Commissioner that there is no blanket ban on persons with diabetes joining An Garda Síochána. Entry to An Garda Síochána is governed by the Garda Síochána (Appointment and Admission) Regulations 1988 as amended. Regulation 5(1) (b) of the said regulations state, inter alia: The Commissioner shall not admit a person as a trainee unless—
The person is certified by the Surgeon of the Force to be in good health, of sound constitution and fitted physically and mentally to perform duties of An Garda Síochána.
Departmental Budget.
Joe Costello
Question:25 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he intends that the 3% reduction in payroll costs will apply to An Garda Síochána; if an assessment has been carried out of the expected impact of such a cut on Garda levels and policing arrangements; and if he will make a statement on the matter. [32834/08]
Dinny McGinley
Question:57 Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform if he will ensure that front-line Garda activity will not be subjected to budgetary cuts; and if he will make a statement on the matter. [32783/08]
I propose to take Questions Nos. 25 and 57 together.
The estimates process for 2009 is ongoing and discussions are taking place between my Department and the Department of Finance on the overall Justice sector allocations including those for the Garda Síochána. Accordingly, it would be premature to comment at this stage in relation to the impacts for 2009 until the final position is known. I am, however, advised by the Garda authorities that priority will continue to be placed on front-line operational policing in 2009.
Organised Crime.
Bernard J. Durkan
Question:26 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of organised crime gangs operating here; his proposals to bring their activities to an immediate stop; and if he will make a statement on the matter. [32955/08]
I have been informed by the Garda authorities that there are two categories of organised crime groups operating in this jurisdiction. The first category consists of individuals/groups that are well established and tightly structured, involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and criminal activities which are mainly confined to Ireland. The membership of organised gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual's membership of such gangs. It is therefore not possible, without the expenditure of an inordinate amount of time and resources, to attribute specific figures to the membership or activity of such gangs.
Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted. Intelligence-led operations, primarily undertaken by specialist units of An Garda Síochána under the remit of Assistant Commissioner, National Support Services, are regularly undertaken, targeting those suspected of being involved in Organised Crime. These specialist units include the National Bureau of Criminal Investigation, the Garda National Drugs Unit, the Organised Crime Unit and the Criminal Assets Bureau.
An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting attempted importations of drugs and firearms, resulting in a number of significant arrests here and in other jurisdictions. Where intelligence, supported by evidence is available, law enforcement agencies in other jurisdictions put operations in place, as appropriate, to prevent and detect such criminality.
Where information exists that a person who is wanted in relation to a particular crime in this jurisdiction is living abroad and where the particular legal requirements apply, extradition is sought or an application is made for a European Arrest Warrant. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.
Ireland is a party to various International Conventions which provide for assistance in criminal matters between jurisdictions. An Garda Síochána send and receive requests for assistance via the Central Authority for Mutual Assistance at the Department of Justice, Equality and Law Reform. Requests for Assistance may also be dealt with on the basis of reciprocity where certain jurisdictions may not be a party to specific conventions. As the Deputy will be aware, the Garda authorities established an Organised Crime Unit on a temporary basis in November 2005 to target organised criminal gangs. The Garda Commissioner established the Unit on a permanent basis in January 2008 and it now has a complement of seventy officers. A review of its activities and strength is ongoing.
Since its establishment, the Organised Crime Unit has pro-actively targeted criminal gangs engaged in diverse types of criminality which transcend the organisational and divisional boundaries of An Garda Síochána. The main forms of criminality being committed by these gangs include armed robberies, hi-jacking of valuable loads and commodities, warehouse robberies/burglaries, ‘tiger' kidnappings, cash-in-transit robberies, bank robberies involving firearms and the importation of large quantities of controlled drugs. Through focused, intelligence-led operations, success has been achieved and the activities of many of the organised crime groups have been disrupted. A number of persons suspected of involvement in this type of criminality have been apprehended on serious charges with many before the courts facing lengthy sentences.
The Organised Crime Unit has taken the lead role in targeting organised criminal gangs in conjunction with the assistance of other national units. The unit's primary functions are as follows:
To identify organised crime groups that operate within the State through increased profiling, intelligence gathering, overt and covert surveillance and threat assessments.
To develop intelligence on highly organised and professional groups of criminals involved in serious crime and whose operations transcend district/divisional and regional boundaries.
To develop intelligence and information supplied by confidential sources on major targeted criminals.
To liaise with the National Criminal Intelligence Unit in developing intelligence and information from all sources in relation to serious and organised criminal groups.
The Organised Crime Unit will continue to work closely with the other specialist units, including the Garda National Drugs Unit, the National Bureau of Criminal Investigation, the Special Detective Unit and the Emergency Response Unit in targeting those suspected of involvement in organised criminal activity. I can assure the Deputy that Garda management are keeping the issue of the activities of criminal gangs under review with a view to ensuring that a robust and effective law enforcement response is in place to counter illegal activities.
Garda Investigations.
Phil Hogan
Question:27 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform if he has received a report in respect of the proliferation of pipe bomb attacks in the greater Dublin area; and if he will make a statement on the matter. [32797/08]
I am informed by the Garda authorities that An Garda Síochána are actively investigating recent incidents involving the use of pipe bombs by organised criminal gangs in the greater Dublin area. I am further informed by the Garda authorities that Garda strategies in responding to incidents involving pipe bomb attacks in Dublin are firmly focused on disrupting these groups and, where sufficient evidence is adduced, proffering charges and bringing such persons before the Courts. Investigations are ongoing in all such incidents. The Commissioner is keeping me and officials of my Department apprised of developments and progress in the ongoing investigations.
Joint Policing Committees.
Tom Hayes
Question:28 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform if funding has been ring-fenced to facilitate the creation of the promised joint policing committees; and if he will make a statement on the matter. [32785/08]
Martin Ferris
Question:44 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform if additional funding will be made available to ensure the effective operation of the joint policing committees in view of the fact that they are increasing in number from 29 to 114. [32493/08]
James Bannon
Question:76 Deputy James Bannon asked the Minister for Justice, Equality and Law Reform his plans to commit funding to new initiatives by county councils to combat anti-social behaviour; the funding involved; and if he will make a statement on the matter. [32814/08]
Tom Hayes
Question:80 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the primary steps taken by the joint policing committees established under a pilot scheme to combat crime; and if he will make a statement on the matter. [32786/08]
I propose to take Questions Nos. 28, 44, 76 and 80 together.
On 24 September I launched, with my colleague the Minister for the Environment, Heritage and Local Government, the roll out of the Committees from the initial pilot phase in 29 local authority areas to all 114 local authority areas. I strongly believe that the Committees meet an identified need and have great potential to contribute to preventing and tackling crime in their areas. An Garda Síochána and the relevant local authorities will now commence establishing the Committees in accordance with new Guidelines in local authority areas where there are not yet Committees. The necessary steps will take a certain amount of time, since there will be a process to select the Committee members from the local authority, the Oireachtas and the community and voluntary sector.
In accordance with the Guidelines, some funding to support the work of the Committees may be available from my Department and the Department of the Environment, Heritage and Local Government, in the context of the budgetary situation and the Estimates provisions. In providing any support, priority would be given to the training and development of Committee members. However, it is envisaged that by and large each agency involved will meet their expenses from within their own budgets.
The Committees established in the pilot phase have generally focused on particular problems arising in their areas, such as anti-social behaviour, including alcohol-related behaviour, and attacks on persons and property. They have discussed the response of An Garda Síochána and the local authority to these problems and what further steps might be taken to address these problems. Committees have also arranged and hosted public meetings on matters concerning the policing of the local authority's area.
Fathers’ Rights.
Michael D'Arcy
Question:29 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform if he has commissioned research on the issue of fathers’ rights; and if he will make a statement on the matter. [32807/08]
I have not commissioned research on the specific issue of fathers' rights. The relaxation of the in camera rule in family law proceedings has facilitated the flow of information on the operation of the law in the family law courts. The Civil Liability and Courts Act 2004, allows for preparation of reports in family law proceedings while continuing to respect the confidential nature of family law cases. The Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005 (S. I. No. 337 of 2005) allow certain classes of persons — namely family mediators, researchers nominated by specified academic institutions and persons engaged by the Courts Service — to attend family court sittings, subject to Ministerial approval, in order to draw up and publish reports on general trends and information relating to family law cases.
In addition, in October 2006 the Courts Service launched their Family Law Reporting Project and engaged a family law reporter on a pilot basis, to record and produce reports on family law proceedings. Five reports have been published under the project to date. The reports provide invaluable family law reports, judgments, trends and other statistical information. The Courts Service Family Law Reporting Project, alongside other academic research currently in progress, is the start of a flow of information, and the accumulation of a body of data, on family law cases, including on the operation of the law with respect to fathers rights, which will assist future policy formulation in the family law area.
Public Order Offences.
Terence Flanagan
Question:30 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the cross-departmental work he has engaged in with the Department of the Environment, Heritage and Local Government with a view to addressing anti-social behaviour; and if he will make a statement on the matter. [32809/08]
I attach a high priority to the combating of anti-social behaviour. One of the priorities set for An Garda Síochána for 2008 under section 20 of the Garda Síochána Act 2005 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol related behaviour (including underage drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available. My Department and the Department of the Environment, Heritage and Local Government consult at the highest level on an ongoing basis in relation to matters in which both Departments have responsibilities. These include anti-social behaviour and related provisions in housing legislation.
Joint Policing Committees provide a forum where An Garda Síochána and the local authority — the two organisations which make the most significant contribution to preventing and tackling crime in a specific area — can get together in a regular and structured way, with the participation of members of the Oireachtas and community and voluntary interests, to consult with each other, discuss and make recommendations on matters affecting the area. On 24 September I launched, with my colleague the Minister for the Environment, Heritage and Local Government, the roll out of the Committees from the current pilot phase in 29 local authority areas to all 114 local authority areas.
The Guidelines to enable the roll-out to take place were drawn up in close consultation with the Department of the Environment, Heritage and Local Government and other stakeholders, including in the local authority sector. The Guidelines for the initial pilot phase of the Committees were also drawn up in close consultation with the Department of the Environment, Heritage and Local Government. An Garda Síochána and the relevant local authorities are now commencing establishing the Committees in accordance with new Guidelines. I strongly believe that the Committees meet an identified need and have great potential in strengthening partnerships.
CCTV schemes are a strong deterrent in fighting crime and anti-social behaviour. Community based CCTV assists local communities in contributing to fighting crime and anti-social behaviour. My Department is therefore operating the Community-based CCTV Scheme, which operates closely with local authorities. An Garda Síochána are also driving forward the establishment of interagency activities against anti-social behaviour, including the deployment of CCTV in urban areas.
Drug Seizures.
Ciaran Lynch
Question:31 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform his views on whether recent figures showing that there were more than 10,000 registered heroin addicts here reflects the continued widespread availability of heroin; the additional measures he is taking to cut off the supply of heroin; and if he will make a statement on the matter. [32840/08]
I am informed by the Garda Authorities that the number of cases involving heroin and the volume of heroin seized by An Garda Síochána for the years 2004, 2005, 2006 and 2007 are as set out hereunder:
|
Year |
Cases |
Volume |
|
2004 |
612 |
26.4 Kgs |
|
2005 |
725 |
32.2 Kgs |
|
2006 |
1115 |
128.0 Kgs |
|
2007 |
1444 |
117.8 Kgs |
In terms of availability, while heroin still predominates in the greater Dublin area, seizures are recorded in each Garda region throughout the State. The recent publication by the Health Research Board which indicated that over 10,000 individuals are seeking treatment for heroin addiction partially reflects both the increases available in treatment services and the extent of heroin use.
In terms of responding to the availability of heroin in particular, An Garda Síochána tackles this problem in a number of ways including:
1. targeting individuals and organisations involved in the trafficking and distribution of heroin.
2. working with international agencies in targeting organised criminal groups involved in the international drug trade.
3. working closely with the Customs and Naval Services in preventing drugs from entering the jurisdiction.
4. targeting the distribution of heroin through the work of the Garda National Drugs Unit and the ongoing work of Divisional and District Drug Units.
As I am sure the Deputy appreciates, drug misuse remains one of the most complex social ills faced globally. While our drug law enforcement response is of course a vital feature of our overall response in addressing the issue, we cannot just look at the issue from a supply reduction perspective only. We must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.
The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008. The National Drugs Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a cooperative approach involving the statutory, community and voluntary treatment sectors.
The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. John Curran, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy and is currently overseeing the process of developing our new Strategy for the years 2009 to 2016. This work, which involves a wide-ranging consultative process in which my Department is actively participating, will fully inform the development of our new Strategy. My Department's remit in this area, while not exclusively, lies primarily in the area of drug supply reduction. Drug law enforcement remains a key feature of the Government's drug policy framework. The work of An Garda Síochána will continue with strategies to tackle organised crime and drug trafficking primarily through the use of specialist units and targeted intelligence led operations.
I am advised by Garda management that in addition to the considerable volumes of drugs seized, significant impact was made during 2008 in arresting and prosecuting a number of major players involved in drug trafficking and involved in the importation, sale and distribution of drugs. A significant number of crime gangs involved in this type of criminal activity have been disrupted and dismantled. To further assist in our law enforcement efforts against drug trafficking, a number of new initiatives have been recently introduced. Some examples of this includes the following:
The establishment in January 2008 of the Organised Crime Unit on a permanent footing with full time staff assigned to it. The Unit now has a personnel strength of seventy officers and in conjunction with the Garda National Drugs Unit and local Gardaí, will continue to implement initiatives such as Operations Anvil and Oak which target criminals involved in the trafficking of drugs.
The Maritime Analysis and Operations Centre (Narcotics) MAOC(N) in Lisbon, of which Ireland is a founding member, has the specific objective of intercepting narcotic shipments, in particular cocaine, to the European Union from Latin America.
A number of provisions introduced in the Criminal Justice Acts 2006 and 2007 have provided for further measures which will enhance the powers of the Gardaí in the investigation and prosecution of drug offences.
I can assure the Deputy that I will continue to keep the measures and resources for tackling all forms of drug trafficking under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.
Proposed Legislation.
Jimmy Deenihan
Question:32 Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform his plans regarding the creation of a DNA database; and if he will make a statement on the matter. [32805/08]
The Criminal Justice (Forensic Sampling and Evidence) Bill is on the "A" list of the Government Legislation Programme for this session. A central element of this Bill will be the establishment of a DNA database for the purposes of criminal investigations and the identification of missing persons or unknown deceased or seriously ill persons. Drafting of the Bill is progressing and I expect to be in a position to publish the Bill during this session.
Garda Deployment.
Seymour Crawford
Question:33 Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform the number of civilian personnel employed in Garda barracks; the additional number he will employ in order that trained gardaí can be released to undertake the duties for which they have been trained; and if he will make a statement on the matter. [32877/08]
Róisín Shortall
Question:85 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the progress made regarding the implementation of the civilianisation programme within An Garda Síochána; the number of posts within the Garda which in 2002 were occupied by full members of the Garda and which are today held by civilians; and if he will make a statement on the matter. [32865/08]
I propose to take Questions Nos. 33 and 85 together.
I am informed by the Garda Commissioner that on 31 December 2002 the whole time equivalent figure for the number of civilians employed in An Garda Síochána was 1,775. The corresponding number as of 31 August 2008 was 2,003 which represents 2,592 employees. At 31 August 2008 the whole time equivalent number of clerical and administrative civilian staff employed in Garda Stations throughout the country was 1,059. The significant increase in the number of civilians employed throughout the force has been as a result of additional posts being created in the administrative, technical and professional areas.
It is important to note that civilianisation does not necessarily imply the direct replacement of Gardaí with civilians, but that it can take a number of forms. Firstly, there is the replacement of sworn members who are engaged in exclusively clerical, administrative or technical duties with civilian staff. Secondly, there is the use of civilian support which allows sworn members who would otherwise have to perform some administrative duties to focus exclusively on front-line policing duties. Thirdly, there is the recruitment of civilians to perform new or expanded administrative, managerial and professional support roles in An Garda Síochána. On this account, and because of the significant restructuring of roles, functions and business areas that has taken place at all levels of An Garda Síochána since 2002, it is very difficult to quantify the exact number of posts which, in 2002, were occupied by sworn members but which today are held by civilians. Furthermore, such an exercise would not reflect the full extent and impact of the Garda Síochána civilianisation programme to date.
Strategic planning of the next phase of the civilianisation programme is well underway. Arising from recommendation 3.21 of the third report of the Garda Inspectorate, the Commissioner has established a working group to review the potential for further civilianisation and to develop an integrated strategy for future civilianisation in the Garda organisation. This group is expected to report in late 2008.
Proposed Legislation.
Michael D'Arcy
Question:34 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform his plans for legislative initiatives in the area of fathers’ rights; and if he will make a statement on the matter. [32808/08]
There is already extensive legislative provision with respect to fathers in the family law code. Under the law as it stands, married parents living together are joint guardians and custodians of their child. If they separate, the custody is normally with the parent with whom the child is intended to reside, but the other parent still remains a guardian. An unmarried father may apply to the court to be appointed a guardian of his child.
Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act 1964, as inserted by section 4 of the Children Act 1997, appointing the father as a guardian of his child, without having to go to court. Section 11 of the Guardianship of Infants Act provides that the guardian of a child or the unmarried father of a child, even if he is not a guardian, may apply to the court for its direction on any question affecting the welfare of the child, including orders on custody and access. In making such orders and, in determining whether an unmarried father should be appointed guardian, the court has to regard the welfare of the child as the first and paramount consideration.
Where appropriate and practicable, the court will also take into account the child's wishes in the matter having regard to the age and understanding of the child. In addition, the law now places an emphasis in terms of recognising the rights of the child to the society of both his or her father and mother: Section 11D of the 1964 Act (inserted by the Children Act 1997) obliges the court in proceedings relating to the welfare of a child to consider whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis. These legislative provisions are comprehensive. They permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests.
Question No. 35 answered with Question No. 16.
Public Order Offences.
Liz McManus
Question:36 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform his views on the increase of almost 60% in the number of public order offences between 2003 and 2007; the steps he is taking to reduce the number of such offences; and if he will make a statement on the matter. [32845/08]
It is the nature of many public order offences that they are recorded and detected only because of the presence of Gardaí. I am informed by the Garda Commissioner that the increase in the number of public order offences detected reflects the significant increase in the level of Garda activity in this respect, in particular under Operation Encounter.
Operation Encounter was commenced by the Commissioner in February 2002. The operation specifically targets offences contrary to the Criminal Justice (Public Order) Act 1994 and the Intoxicating Liquor Act 1988, which include the sale and consumption of alcohol by underage persons. All members of An Garda Síochána proactively target public disorder and anti-social behaviour. Areas subject to such behaviour have been identified as hot-spots by local Garda management and additional foot and mobile patrols are directed at these areas during times when these offences are more likely to occur. All such incidents detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law. Over 500,000 offences have been detected since the commencement of Operation Encounter.
One of the policing priorities set for An Garda Síochána for 2008 under the Garda Síochána Act 2005 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder with a particular emphasis being placed on alcohol related behaviour (including under age drinking) and socially disadvantaged communities. Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In addition, the Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. The Intoxicating Liquor Act 2008 gives further powers to the Gardaí to tackle misuse of alcohol which is often at the root of crime and anti-social behaviour.
I have signed Regulations enabling further public order provisions of the Intoxicating Liquor Act 2008 to come into operation. The Act places restriction on the availability and visibility of alcohol and provides for more effective enforcement to deal with the consequences of alcohol abuse. These provisions also allow for the issue of fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place, which are offences under sections 4 and 5 of the Criminal Justice (Public Order) Act 1994. The Criminal Justice Act 2006 also enacted provisions to combat anti-social behaviour by adults and children. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children.
I am informed by the Garda authorities that from 1 January, 2007 to 30 September, 2008, 868 behaviour warnings were issued to adults and from 1 March, 2007 to 30 September, 2008, 491 behaviour warnings were issued to children. There have been ten formal good behaviour contracts agreed with children in the period 1 March, 2007 — 31 August, 2008.
In addition to the criminal law, a wide range of initiatives is in place to get at the root causes of this type of behaviour. The Garda Juvenile Diversion Programme has proven to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. Under the provisions of the Children Act, 2001 the Programme has a statutory basis. Garda Youth Diversion Projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are currently 100 projects operating throughout the country.
More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts. Joint Policing Committees are provided for in the Garda Síochána Act 2005. On 24 September, I launched, with my colleague the Minister for the Environment, Heritage and Local Government, guidelines for roll-out of the committees to all 114 local authorities. As a result, a Committee will be established in each local authority in the country where a Committee had not already been established under the initial pilot phase. I believe that, over time, the committees will make an enormous contribution to keeping our communities safe. They represent a partnership between the people, through their representatives, and An Garda Síochána in preventing and tackling crime and anti-social behaviour.
Willie Penrose
Question:37 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of persons, broken down between children and adults, given anti-social behaviour warnings since the new system came into operation on 1 January 2007; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [32859/08]
Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act, relating to anti-social behaviour by children, was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children's Court.
I am informed by the Garda authorities that from 1 January 2007 to 30 September 2008, 868 behaviour warnings were issued to adults and from 1 March 2007 to 30 September 2008, 491 behaviour warnings were issued to children. There have been ten formal good behaviour contracts agreed from 1 March 2007 to 31 August 2008. In setting up the scheme in the Criminal Justice Act 2006, the intention was that these warnings or good behaviour contracts would themselves address the problem behaviour. It is only if they fail that a court order will be applied for. In any case, it inevitably takes time to reach the stage where a court order itself might be sought. No significance therefore should be attached to the fact that the stage has not yet been reached in the process where a court order has been issued.
Where warnings or good behaviour contracts do not succeed in altering a person's behaviour, they will culminate in an order being sought by the Garda authorities from the courts. The number of civil orders (adult) and behaviour orders (child) sought by members of An Garda Síochána during the periods in question is currently being researched. I will contact the Deputy when the information is available.
Proposed Legislation.
Jack Wall
Question:38 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform if legislation is being prepared to regulate the operation of casinos here; and if he will make a statement on the matter. [32875/08]
I published the Report Regulating Gaming in Ireland on 10 July last. The Report makes some 32 recommendations that have significant public policy implications regarding the future architecture of many aspects of gaming and betting in Ireland, including the issues surrounding the operation and regulation of casinos. As I said on the publication of the Report, we need to get things right in relation to our gaming and betting codes. In particular I want to ensure that betting and gaming activities are carried out within a responsible framework that recognises the reality of these activities, but which ensures they are properly managed, particularly as regards problem gamblers. I published the Report with the intention of setting up an informal Cross-Party Committee which is to be asked to examine all aspects of gaming in Ireland and I allowed the Summer Recess for all parties to familiarise themselves with the contents of the Report.
In my answer to Parliamentary Question Number 932 of Wednesday 24 September last, I set out the terms of reference of the Cross-Party Committee which I am setting up in order to reflect on and review the Report "Regulating Gaming in Ireland". This Report deals comprehensively with the issues surrounding the proliferation of private members' clubs offering a casino-style experience and the options for introducing regulation. I believe that the establishment of the informal Committee represents the best opportunity for identifying options for consideration by Government on the many complex inter-related issues in this area. It is an approach that offers the best guarantee that the interests of all elements in our society are taken into account from the beginning in an area of important public policy. I look forward to receiving the advice of the Committee in due course.
Garda Reserve.
Willie Penrose
Question:39 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve recruited to date; the stations to which they have been allocated; the number of applicants for the Reserve currently in training; if he is satisfied with the rate of recruitment; when he expects that the full complement of 1,500 will be in place; and if he will make a statement on the matter. [32858/08]
Andrew Doyle
Question:47 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform his plans to review the operation of the Garda Reserve; and if he will make a statement on the matter. [32769/08]
Andrew Doyle
Question:89 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform if the operation and function of the Garda Reserve is being benchmarked against similar reserves in other countries; and if he will make a statement on the matter. [32770/08]
Charles Flanagan
Question:90 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his views on the effectiveness of the Garda Reserve since its introduction; and if he will make a statement on the matter. [32768/08]
I propose to take Questions Nos. 39, 47, 89 and 90 together.
I believe that the establishment of the Garda Reserve is one of the most imaginative innovations in policing in Ireland in recent years. It has strengthened the links between An Garda Síochána and local communities and is a source of local support and knowledge. Full-time and Reserve members are working well together. I believe that the positive impacts made since the establishment of the Reserve in late 2006 bode well for the future of the force. Research into the operation and function of reserve police in other countries was carried out prior to the establishment of the Garda Reserve. This international research included visits to police forces in the UK, establishing contacts with people in other countries such as the USA and Canada, and the sourcing of information from other countries on the subject. This ensured that the establishment and operation of the Garda Reserve was in line with the best international standards.
An operational review of the Garda Reserve was carried out by the Garda Commissioner earlier this year which is currently being considered by him. At 30 September 2008, there were 254 attested Reserve Gardaí and 157 Reserve trainees. The 254 attested members currently operational are assigned to the following stations:
Dublin Metropolitan Region
Pearse St, Kevin Street, Kilmainham, Donnybrook, Store St, Bridewell, Fitzgibbon Street, Clondalkin, Finglas, Lucan, Ballyfermot, Blanchardstown, Ronanstown, Santry, Raheny, Swords, Clontarf, Coolock, Ballymun, Balbriggan, Malahide, Howth, Crumlin, Sundrive Road, Rathmines, Terenure, Tallaght, Rathfarnham, Dun Laoghaire and Blackrock.
Cork
Mayfield, Gurranabraher, Midleton, Fermoy, Anglesea Street, Watercourse Road and Togher.
Other Regions
Sligo, Galway, Henry Street Limerick, Ennis, Tralee, Waterford, Tramore, Kilkenny, Wexford, New Ross, Gorey, Enniscorthy, Arklow, Wicklow, Bray, Newbridge, Baltinglass, Naas, Carlow, Clonmel, Cahir, Carrick on Suir, Tipperary town, Thurles, Cavan town, Monaghan town, Drogheda, Dundalk, Kells, Navan, Castlebar, Westport, Ballina, Mullingar, Longford, Letterkenny, Tullamore, Portlaoise and Roscommon.
The Agreed Programme for Government has set a target strength for the Reserve at 10% of the full-time strength of the force. In the Annual Policing Plan for 2008 the Garda Commissioner has set a target of recruiting 270 Reserve members this year. To date this year 147 people have been recruited. As the Garda Reserve depends on volunteers who undertake their training and other duties during their free time, it is difficult to predict how many people will commence training in any particular period. However I can assure the Deputy that the Garda Commissioner is making every effort to reach the recruitment target. Recruitment is ongoing and the Public Appointments Service (PAS) has received 2,843 new applications to join the Reserve already this year up to end August. The PAS hold interviews on a rolling basis at a range of locations around the country. The ongoing marketing campaign to recruit members to the Garda Reserve includes indoor and outdoor advertising campaigns and radio and TV promotional interviews nationally and locally.
Liquor Licensing Laws.
Alan Shatter
Question:40 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform his views on the fact that restaurants can be subject to prosecution for serving wine to their customers with meals on Good Friday; if he will introduce amendments to the Licensing Acts to reform the law in this area. [32684/08]
The position is that the Government Legislation Programme provides for publication of the Sale of Alcohol Bill later this year. This Bill will modernise and streamline the laws relating to the sale and consumption of alcohol, including provisions relating to the sale and consumption of alcohol in restaurants, by repealing the Licensing Acts 1833 to 2008, as well as the Registration of Clubs Acts 1904 to 2008, and replacing them with updated and streamlined provisions.
Crime Levels.
Pat Rabbitte
Question:41 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the number of gun murders recorded since the beginning of 2008; the steps he is taking to reduce the number of such gun murders, particularly those which are believed to involve criminal gangs; and if he will make a statement on the matter. [32828/08]
Ruairí Quinn
Question:73 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2008; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [32853/08]
I propose to take Questions Nos. 41 and 73 together.
The table contains the number of cases of murder recorded in which firearms were used, the number of prosecutions initiated and the number of convictions secured in each year from 1998 to 2007 and in 2008 up to 30 September. Figures provided for 2008 are provisional, operational and liable to change. One of the main priorities set for the Garda Síochána under the Garda Síochána Act is to target gun crime, organised crime and drug trafficking through a range of measures, including the use of the Garda specialist units and targeted operations such as Operation Anvil.
An Garda Síochána meet this task by strategic actions, including in particular continuous and intensive intelligence led operations against groups and individuals engaged in such illegal activity. Available intelligence is fully analysed and used in the strategic deployment of both local and specialised operational Garda units in targeting persons and groups. It is used in carrying out searches and arrests aimed at both preventing attacks and apprehending persons suspected of being involved in such attacks. Profiles regarding the personnel of organised criminal gangs are continually updated.
The Garda Commissioner has established, on a permanent basis, the Organised Crime Unit, with the specific objective of targeting those suspected of involvement in organised crime, including drug trafficking, importation, sale and supply. Similar operations are undertaken by Garda specialist units, including the National Bureau of Criminal Investigation, the Garda National Drugs Unit and the Criminal Assets Bureau. Operation Anvil commenced in the Dublin Metropolitan Region in May, 2005 to deal with this type of serious crime and was extended nationwide in 2006. The primary focus of the Operation is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt, visible patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrol. The Garda Commissioner is committed to the objectives of Operation Anvil, and is providing resources to ensure its continuing effectiveness, augmented by other initiatives, both local and national.
There can be considerable difficulties for the Gardaí in obtaining evidence in shootings which are the result of gangland activities. This arises not least because many of the associates of such victims will not co-operate with the Garda investigation. Nevertheless, the Gardaí are determined to pursue rigorously all killings, whatever their background. The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.
|
Year |
Recorded |
Proceedings Commenced |
Convictions |
|
2008* |
17 |
5 |
0 |
|
2007 |
18 |
5 |
0 |
|
2006 |
27 |
8 |
0 |
|
2005 |
23 |
4 |
3 |
|
2004 |
9 |
6 |
6 |
|
2003 |
20 |
7 |
2 |
|
2002 |
10 |
4 |
3 |
|
2001 |
9 |
2 |
1 |
|
2000 |
12 |
4 |
1 |
|
1999 |
12 |
7 |
5 |
|
1998 |
4 |
2 |
1 |
*Figures provided for 2008 are to 30 September and are provisional, operational and liable to change.
Garda Stations.
P. J. Sheehan
Question:42 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform his views on whether it is satisfactory that the large town of Portlaoise has been without an adequate building for its Garda station for more than a decade; and if he will make a statement on the matter. [32801/08]
The detailed allocation of Garda resources, including accommodation, is a matter for the Garda Commissioner to decide in accordance with his identified operational requirements. The Garda accommodation programme is based on agreed priorities established by An Garda Síochána and it is brought forward in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation. I am advised that negotiations are ongoing by the OPW for the procurement of a site for the construction of a new Divisional Headquarters. I am also advised by the Garda authorities that in the interim, to alleviate the shortage of accommodation, a plan for temporary accommodation has been drawn up to provide accommodation for the Traffic Corps and additional space for offices and locker rooms so that space in the station will be freed up for other operational Garda units. In addition a number of urgent remedial works have been provided at the existing station.
Garda Investigations.
Jimmy Deenihan
Question:43 Deputy Jimmy Deenihan asked the Minister for Justice, Equality and Law Reform his views on whether the absence of a DNA database is an impediment to the Garda in its efforts to solve crimes here; and if he will make a statement on the matter. [32806/08]
A central element of the Criminal Justice (Forensic Sampling and Evidence) Bill will be the establishment of a DNA database for the purposes of criminal investigations and the identification of missing or unknown deceased persons or seriously injured persons. The Bill will provide an updated statutory framework for the taking and use of forensic samples and will repeal the Criminal Justice (Forensic Evidence) Act 1990. It will draw on the recommendations of the Report of the Law Reform Commission concerning the establishment of a DNA database.
Drafting of the Bill is progressing, and I expect to be in a position to publish the Bill during this session. As has been the experience in other countries which have been operating such a database, the benefit of the database will be that it will assist the Garda Síochána by identifying links between crimes, through for example stains left at the crime scene by serial offenders, eliminating quickly from the scope of the investigation suspects who are already on a database and whose profiles do not match and identifying new suspects for crimes by means of cold hits (where a crime scene stain is matched with a profile of a person on the database who is not already a suspect). The objective in establishing the database is to increase crime detection rates, achieve efficiencies in the conduct of investigations, reduce court time due to early guilty pleas and deter persons whose profiles are already on the database from re-offending.
Question No. 44 answered with Question No. 28.
Proposed Legislation.
Simon Coveney
Question:45 Deputy Simon Coveney asked the Minister for Justice, Equality and Law Reform his plans to improve data protection legislation here in view of recent data breaches; and if he will make a statement on the matter. [28233/08]
As the Deputy will be aware, the law relating to the protection of personal data is contained in the Data Protection Acts 1988 and 2003. These Acts give effect both to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and Directive 95/46/EC of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
I am not aware of any proposals to amend either of these instruments at present. This existing legislation requires that appropriate security measures be taken against unauthorised access to, or unauthorised alteration, disclosure or destruction of personal data and permits the Data Protection Commissioner to carry out investigations, on the basis of a complaint or on his own initiative, to ensure compliance with the legislation. However, I can say that operation of the law in this area is kept under review in my Department. In that context, I have decided to establish a broad consultative process, to include the relevant stakeholders, with a view to studying the complex issues arising, including the question of a mandatory reporting system, and incorporating an examination of the economic impact of any changes to Data Protection Law.
I expect to make a further announcement with the details of this process in the near future. I should say, however, that on a preliminary examination, the issues arising are far from straightforward and will require lengthy consideration as well as input from a wide range of often conflicting viewpoints.
Organised Crime.
Bernard J. Durkan
Question:46 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the steps being taken to determine the full extent of the activities of organised criminal gangs based here, overseas and in prison with a view to putting in place measures likely to bring to an end the ongoing growth of the illegal drug trade; and if he will make a statement on the matter. [32954/08]
I am informed by the Garda Authorities that there are two categories of organised crime groups operating in this jurisdiction. The first category consists of groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and whose criminal activities are mainly confined to Ireland. The membership of organised crime gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual's membership of such gangs.
An Garda Síochána utilises intelligence-led operations to target organised crime groups on an ongoing basis. All available intelligence is fully analysed and used in the strategic deployment of both local and specialised operational Garda units to target particular groups. A large proportion of organised criminal activity is associated with the illicit drugs trade. Organised Crime is being targeted on a number of fronts, involving uniform and plain-clothes Gardaí overtly and covertly disrupting known criminals in the course of criminal activities. The profiles of the personnel involved in criminal groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted through intelligence-led operations, primarily undertaken by specialist units of An Garda Síochána, under the remit of the Assistant Commissioner, National Support Services. A number of organised crime groups have been targeted in this manner recently, with firearms being recovered and drugs seized resulting in a number of people from these organised groups being prosecuted and convicted before the Courts.
An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting attempted importations of drugs and firearms, resulting in a number of significant arrests here and in other jurisdictions. Where intelligence, supported by evidence, is available law enforcement agencies in other Jurisdictions put operations in place, as appropriate, to prevent and detect such criminality.
Measures have been put in place to deal with serious crime including Operation Anvil which commenced in May 2005 in the Dublin Metropolitan Region and was extended countrywide in 2006. The primary focus of Operation Anvil is the disruption of serious and organised criminal activity. In this regard Operation Anvil consists of intelligence-led targeted operations on the one hand, and an increased overt visible Garda presence on the other. The Garda Commissioner has publicly re-affirmed his absolute commitment to the objectives of Operation Anvil, which is but one tool used by members of An Garda Síochána to combat crime.
Multi-agency approaches have been, and continue to be used where all of the National Units from National Support Services i.e. the National Bureau of Criminal Investigation, the Criminal Assets Bureau, the Garda Bureau of Fraud Investigation and the Garda Technical Bureau are used to combat serious crime. These Units are also supported by the Security and Intelligence Section which assists with intelligence briefings and the provision of timely information. The Criminal Assets Bureau is being actively utilised to identify and target funds accumulated by criminals in order to seize such assets and to deprive them of the profits of their criminal activity. A dedicated unit within the Garda National Drugs Unit has been established to liaise with the Criminal Assets Bureau to particularly target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.
This integrated approach adopts best practice in implementing a coordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. In addition, An Garda Síochána currently has a number of liaison officers on secondment to other jurisdictions, and to international bodies such as Interpol and Europol. These officers act as a conduit for information to pass between law enforcement agencies to ensure that national borders are not, and cannot, be used by criminals as a means of frustrating the efforts of law enforcement agencies.
As I am sure the Deputy appreciates, drug misuse remains one of the most complex social ills faced globally. While our drug law enforcement response is of course a vital feature of our overall response in addressing the issue, we cannot just look at the issue from a supply reduction perspective only. We must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.
The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008. The National Drugs Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a cooperative approach involving the statutory, community and voluntary treatment sectors. The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. John Curran, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy and is currently overseeing the process of developing our new Strategy for the years 2009 to 2016. This work which involves a wide-ranging consultative process, and in which my Department is actively participating, will fully inform the development of our new Strategy.
My Department's remit in this area, while not exclusively, lies primarily in the area of drug supply reduction. Drug law enforcement remains a key feature of the Government's drug policy framework. I can assure the Deputy that I will continue to keep the measures for tackling all forms of drug trafficking under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.
Question No. 47 answered with Question No. 39.
Juvenile Offenders.
Sean Sherlock
Question:48 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the number of occasions on which the Garda has sought court orders under sections 91, 111, 113 and 114 of the Children’s Act 2001, which are designed to help combat juvenile crime by ensuring that parents take responsibility for children involved in acts of crime and vandalism; and if he will make a statement on the matter. [32860/08]
It should be noted that the imposition of any particular sanction on the parents or guardians of an offending child under the sections of the Children Act 2001 which are referred to by the Deputy is a matter for the judiciary. The Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. There is no mechanism in Sections 111, 113 and 114 of the Children Act 2001, as amended, which allows the Gardaí to seek the court orders referred to in the question. While it is implicit in Section 91 of the 2001 Act that a member of An Garda Síochána may make the application to the Court, it is primarily a matter for the court.
I am informed by the Garda authorities that the information sought by the Deputy is not recorded on PULSE and it would necessitate an extensive manual trawl to establish if such an application was made to the court. Therefore, it is not possible to provide the information requested by the Deputy without a disproportionate expenditure of Garda time and resources.
There are other interventions available under the Children Act 2001 which involve the parents of children who come into conflict with the criminal justice system. The Deputy will be aware that restorative justice principles underpin the Children Act, 2001, as amended. The Act introduced a comprehensive set of restorative justice provisions, all with the aim of diverting children from further criminal behaviour by making the offenders more directly accountable for their actions, by involving the parents and by giving a greater voice to victims of crime. Essentially, there are two approaches to restorative justice provided for in the Act. The first approach is set out in Part 4 of the Act under the statutory diversion programme, as operated by An Garda Síochána. This provides for restorative cautions (Section 26) and restorative conferences (Section 29). The second approach is set out under Sections 78-87 of the Children Act 2001, where a court may direct the Probation Service to arrange for a family conference.
Residency Permits.
Emmet Stagg
Question:49 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the reason for the 50% increase, from €100 to €150, in the cost of registering with the border and immigration authorities for most of those from outside the EEA; if he will confirm that this is an annual charge; if his attention has been drawn to concerns expressed by immigration and educational groups about the potential hardship of this increase; if he will review the increase; and if he will make a statement on the matter. [32869/08]
Section 19(1)(a) of the Immigration Act, 2004 provides that for the giving of a permission (to reside in the State) a fee is payable by a non-national of such amount as may be prescribed by the Minister for Justice, Equality and Law Reform with the consent of the Minister for Finance. The consent of the Minister for Finance to revise the registration fee from €100 to €150 was obtained.
The revised fee of €150 is effective in respect of all registrations applied for on or after 23 August 2008, irrespective of duration. The following classes of persons are not required to pay the fee:
Convention Refugees;
Persons who have been reunified with such refugees under section 18 of the Refugee Act 1996;
Persons who are under 18 years of age at the time of registration;
Spouses, widows and widowers of Irish citizens;
Spouses and Dependants of EU nationals who receive a residence permit under EU Directive 38/04;
Programme Refugees, as defined by section 24 of the Refugee Act, 1996.
Non-EEA nationals who register with an immigration officer receive a secure residence document in the form of a certificate of registration (registration card). The provision of such high quality secure documents is an expensive process. The costs involved include the actual cost of the card itself which includes several security features (including a biometric chip), administrative work by registration officers in the form of checking of documentation and capture of registration details and a state of the art computerised registration system operated by the Garda National Immigration Bureau. The practice internationally is to charge for the issuing of resident permits.
Since 19 August last, this registration system has been enhanced by the commencement of the roll out of a fingerprinting system for all persons who are required to obtain permission to reside in the State. Non-nationals who register from that date will have at least two fingerprints taken and these will be embedded in the biometric chip on the registration card. The costs of providing this system and the administrative costs associated with running it are substantial and this is reflected in the increased fee. An element is also included to reflect changes in inflation since the fee was introduced over 2 years ago. The fee structure for immigration related services in the State is kept under regular review.
Prison Building Programme.
Dan Neville
Question:50 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the infrastructural developments due to take place in the prison sector in the next 12 months; if these projects will go ahead as planned in view of the economic climate; and if he will make a statement on the matter. [32779/08]
The Prison Service plans to carry out the following major infrastructural projects in 2009:
1. Commissioning of new cell block in Castlerea Prison.
2. Commissioning of new cell block in Portlaoise Prison.
3. Completion of construction of new cell block in Wheatfield Prison.
These projects will be funded through the Prison Service's five year capital envelope programme as part of vote 21. In addition, it is planned that the new prison development in Thornton Hall will be under construction. This will be funded through the PPP Capital Envelope.
Prison Service.
Lucinda Creighton
Question:51 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform the reason mobile telephone-blocking equipment has not been installed in prisons here; when all prisons will have the equipment installed; and if he will make a statement on the matter. [32977/08]
One of the major challenges in prisons worldwide lies in preventing access to or use of mobile phones by prisoners. Efforts are made on a continuous basis to prevent prisoners obtaining or using mobile phones. Such efforts include the installation of nets over exercise yards, vigilant observation of prisoners by staff, extensive CCTV monitoring, the use of screened visits and prisoner and cell searches. Installation of a pilot scheme of technology to prevent the use of mobile phones in prisons began in Midlands / Portlaoise Prison Complex in April 2007. The inhibitors are being introduced on a phased basis in terms both of the physical structure of the prison i.e. on a building by building basis — and also in terms of communications bands / channels that are being inhibited.
The Midlands module of the pilot scheme is now nearing completion and the Irish Prison Service is at an advanced stage in terms of its acceptance testing procedures. All indications continue to be very positive and, based on the experience so far, installation of inhibitors in the new block in Portlaoise maximum security prison will begin before the end of the year. The Deputy may also wish to note that following the introduction of other enhanced security measures a total of 1464 mobile phones have been seized by the prison authorities during the period January to August this year.
Gaming Regulation.
Brian Hayes
Question:52 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if he will appoint an independent gambling regulator; and if he will make a statement on the matter. [32773/08]
I published the Report Regulating Gaming in Ireland on 10 July last. The Report makes some 32 recommendations that have significant public policy implications regarding the future architecture of many aspects of gaming and betting in Ireland. The Report addresses the issues associated with establishing a revised regulatory framework for gaming in Ireland. As I said on the publication of the Report, we need to get things right in relation to our gaming and betting codes. In particular I want to ensure that betting and gaming activities are carried out within a responsible framework that recognises the reality of these activities, but which ensures they are properly managed, particularly as regards problem gamblers.
In my answer to Parliamentary Question Number 932 of Wednesday 24th September last, I set out the terms of reference of the Cross-Party Committee which I am setting up in order to reflect on and review the Report "Regulating Gaming in Ireland". I believe that the establishment of the informal Committee represents the best opportunity for identifying options for consideration by Government on the many complex inter-related issues in this area. It is an approach that offers the best guarantee that the interests of all elements in our society are taken into account from the beginning in an area of important public policy. The informal Cross-Party Committee is being asked specifically to take account of the recommendations made in the Report on the nature of the regulatory and licensing system proposed. I look forward to receiving the advice of the Committee in due course.
Garda Deployment.
Dinny McGinley
Question:53 Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform the number of gardaí of all ranks allocated to County Donegal; if there are plans to increase the number; and if he will make a statement on the matter. [32876/08]
I am informed by the Garda Commissioner that as of 31 August 2008, the latest date for which figures are readily available, the personnel strength of the Donegal Garda Division, broken down by rank was as follows:
|
C/Superintendent |
Superintendent |
Inspector |
Sergeant |
Garda |
Total |
|
1 |
5 |
8 |
76 |
396 |
486 |
The Deputy will appreciate that, as with any large organisation, on any given day, the personnel strength of Garda divisions and stations may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. In that regard, the needs of the Garda Division referred to by the Deputy will be fully considered by the Commissioner within the overall context of the needs of Garda Divisions throughout the country.
Proposed Legislation.
Jan O'Sullivan
Question:54 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform when he expects to publish the promised property services regulatory authority Bill; if the Bill will include provisions to regulate the operation of management companies; his views on the recent report of the Law Reform Commission on multi-unit developments; and if he will make a statement on the matter. [32849/08]
The Government Legislation Programme published on 23 September 2008 provides for publication of the Property Services (Regulation) Bill during the current Dáil session. The Bill will establish the Property Services Regulatory Authority on a statutory basis. The primary task of the new Authority will be to maintain and improve standards in the provision of property services by auctioneers, estate agents and property management agents through a new licensing regime and a system for investigating and adjudicating on complaints against property service providers.
As regards property management companies, the position is that the Law Reform Commission's Report on Multi-Unit Developments contains recommendations concerning multi-unit developments and the regulation and governance of such companies. The Commission does not however recommend that the Property Services Regulatory Authority be given a role in relation to these companies.
Work on the preparation of legislative proposals to respond the Law Reform Commission's recommendations on property management companies is currently under way across a number of Departments. A decision will be made shortly as to whether it would be more expeditious to introduce a single Bill or to adopt a sectoral approach to amending existing legislation. The Government's decision on the matter will be made on the basis of how quickly the required legislation can be enacted.
Garda Equipment.
P. J. Sheehan
Question:55 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform if, in the context of Garda resources, he will ensure that equipment to register decibel levels on motor vehicle noise emissions will be available to all Garda divisions; and if he will make a statement on the matter. [32802/08]
I am informed by the Garda authorities that they regularly monitor developments in the area of enforcement equipment to ensure that all appropriate resources necessary for the proper investigation of crime and offences are available to operational personnel. I am further advised by the Garda authorities that a review has recently been carried out in respect of equipment required by members of the Garda Síochána for the proper enforcement of EU Directives in respect of the construction, equipment and use of vehicles. Following this review, preparations are now underway to carry out a tender process to ensure that equipment necessary to secure evidence required for the prosecution of motorists for such offences will be available to operational personnel.
Prison Building Programme.
Brian O'Shea
Question:56 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding the proposed Thornton Hall prison plan; the latest estimate available to him of the expected cost, including the cost of the site, the provision of infrastructure and ancillary services, and the cost of construction and fitting out of the prison; the costs incurred to date; the estimated date for the commencement and the completion of the project; and if he will make a statement on the matter. [32848/08]
Negotiations are currently underway with a commercial consortium, which was selected following an E.U. tender procedure as the preferred tender for the design, construction, finance and maintenance of the proposed prison facilities at Thornton Hall, North County Dublin. The project includes the construction of the prison facilities along with the ancillary infrastructure including services. Development consent for the project was granted by the Oireachtas in June 2008 and signed into law by the President on 2 July, 2008.
It is not appropriate, for commercial and procurement reasons, to provide details as to the likely costs of the construction and fit out costs. In particular it would not be in the public interest to give an indication of expected costs before a bid is accepted and a contract finalised. The disclosure of such information is, in any event, not allowed under Department of Finance guidelines applicable to Public Private Partnership.
I can, however, confirm the following expenditure which has taken place to date on the project. The cost of the site acquisition was €29,900,000. An additional 8.7 acres has also been acquired to provide a dedicated access road to the main site. This was done following representations from the local community which reflected concern in relation to the effect of increased traffic generated by the prison project. In addition to allaying these concerns, the new roadway will provide significant additional benefits both during the construction and operational phases of the project. The cost of this additional land was €1,305,000.
A total of €8,626,391 has been expended to date on preliminary site works including surveys, landscaping, security and maintenance of the property, studies such as archaeological, topographical, etc., and professional fees including legal and specialist technical advice. It is intended, subject to the successful conclusion of the contract negotiations, to commence construction early next year. It is envisaged that the development will take approximately three years to complete.
Question No. 57 answered with Question No. 25.
Gaming Regulation.
Brian Hayes
Question:58 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform if he is satisfied that the provisions of the Gaming and Lotteries Act 1956 are being adhered to and implemented; and if he will make a statement on the matter. [32774/08]
Under Irish law, gaming and gambling is illegal, except where it is specifically permitted under the 1956 Gaming and Lotteries Act. It is a matter for the Garda Síochána to investigate breaches of the legislation, and to take whatever action is appropriate. In that regard, I have been assured by Garda management that if irregularities in the law that would justify a prosecution under the Gaming and Lotteries Acts are detected, the directions of the DPP will be sought.
Having said that I accept that the 1956 Act was framed in a different era and no longer serves as a fully satisfactory framework for regulating gaming. In July last, I published the Report Regulating Gaming in Ireland. The Report makes some 32 recommendations that have significant public policy implications regarding the future architecture of many aspects of gaming and betting in Ireland. As I said on the publication of the Report, we need to get things right in relation to our gaming and betting codes. In particular I want to ensure that betting and gaming activities are carried out within a responsible framework that recognises the reality of these activities, but which ensures they are properly managed, particularly as regards problem gamblers. I published the Report with the intention of setting up an informal Cross-Party Committee which is to be asked to examine all aspects of gaming in Ireland. In my answer to Question Number 932 of Wednesday 24th September 2008, I set out the terms of reference of the Cross-Party Committee.
I look forward to receiving the advice of the Committee in due course.
Prison Education Service.
Damien English
Question:59 Deputy Damien English asked the Minister for Justice, Equality and Law Reform if budgets for education and training within Irish prisons will be reduced in view of the economic climate; and if he will make a statement on the matter. [32778/08]
The Irish Prison Service places strong emphasis on the provision of vocational training and educational opportunities for prisoners. Over the past number of years, the IPS has invested in capital infrastructure, equipment and staffing resources to meet this objective. It is committed to meeting the challenge of continuing to deliver its rehabilitation programmes in a cost effective and efficient manner.
Garda Deployment.
Pat Rabbitte
Question:60 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the basis on which gardaí are allocated to particular stations, having regard to the fact that while there are an average of 2.72 members per thousand people across the State, there are variations from one division to another and from one station to another; and if he will make a statement on the matter. [32829/08]
The Garda Commissioner, in consultation with his senior managers and Divisional Officers, arranges for the allocation of Garda personnel throughout the State. Garda Management are aided in this by a distribution model known as the Garda Establishment Redistribution Model (G.E.R.M.). The Commissioner advises me that the GERM model indicates the most effective means to distribute Garda personnel and acts as a guide to Garda management decision making. It takes into account many different policing variables including socio-economic factors, census information, crime trends and the minimum establishment required for each district. The allocation of Garda personnel is determined by these factors and also takes account of the policing requirements of each individual Division.
Ministerial Travel.
Thomas P. Broughan
Question:61 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the instructions given to the Garda personnel driving ministerial cars either by his Department or the Commissioner in regard to the need to observe speed limits; if no instructions are currently given, if it is intended to issue same; and if he will make a statement on the matter. [32839/08]
I am informed that Road Traffic Legislation, in particular section 27 of the Road Traffic Act, 2004, provides exemptions for the drivers of emergency vehicles, including the use by a member of An Garda Síochána of a vehicle in the course of the duties of that member, from the application of restrictions, requirements and prohibitions imposed under the Road Traffic Acts generally. Such exemptions apply where the safety of a road user is not endangered.
I am advised by the Garda authorities that guidelines for Garda drivers are contained in the Garda Code, which is provided to each member of the Garda Síochána during training. Such guidelines require all members of An Garda Síochána allocated to this type of duty to have been issued with a Certificate of Competency by the Garda College, having successfully completed an appropriate driving course. The guidelines are updated as required and circulated to members. Drivers of Garda vehicles are required at all times to adhere to the standards laid down by the Driving School, and Driver Safety Awareness presentations are made to drivers during the various training programmes.
Prison Service.
Deirdre Clune
Question:62 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform his views on the number of prisoners who are held under protection within the State’s jails; and if he will make a statement on the matter. [32782/08]
The Irish Prison Service is committed to ensuring the safety and security of our prisoners. The fact that prison management immediately separates prisoners seeking protection from the general prison population or from specific prisoners identified as presenting a threat, clearly demonstrates the commitment of the Irish Prison Service to ensuring safety and security.
It is at the committal stage that the majority of prisoners seek protection. External influences imported to the prison on committal include gang rivalry, drug debts and perceived co-operation with the Gardaí. On committal, all prisoners are interviewed by the Governor and based on the information available, a decision is made as to where a particular prisoner will be accommodated. On occasion, a prisoner may be put on protection by the Irish Prison Service. From time to time intelligence becomes available to the Irish Prison Service which dictates that it may be prudent for particular individuals to be put on protection, for that individual's own safety. This is not, however, a frequent occurrence.
Garda Complaints Procedures.
Joanna Tuffy
Question:63 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the compensation or legal costs paid arising from claims against members of the Garda in respect of assault, illegal arrest and other reasons in respect of each year from 2002 to date in 2008; and if he will make a statement on the matter. [32873/08]
The information requested by the Deputy concerning the amounts paid out in Court awards and out of court settlements in relation to actions taken against members of An Garda Síochána relating to assault, unlawful arrest or other breaches of citizens' rights is set out in the table.
|
Year |
Category of payment |
Assault |
Unlawful Arrest |
Other |
Overall Total |
|
€ |
€ |
€ |
|||
|
2002 |
Awards |
1,270 (1) |
3,809.21 (1) |
56,500 (2) |
|
|
Settlements |
166,924.48 (6) |
106,835.58 (10) |
185,078.82 (11) |
||
|
Costs |
230,769.67 |
148,714.19 |
340,486.45 |
||
|
Total |
398,964.15 |
259,358.98 |
582,065.27 |
1,240,388.40 |
|
|
2003 |
Awards |
11,000 (1) |
10,000 (2) |
4,870 (2) |
|
|
Settlements |
75,000 (4) |
303,011 (5) |
112,814.84 (4) |
||
|
Costs |
145,561.70 |
71,794.28 |
542,075.73 |
||
|
Total |
231,561.70 |
384,805.28 |
659,760.57 |
1,276,127.55 |
|
|
2004 |
Awards |
15,000 (1) |
Nil |
3,215.06 (1) |
|
|
Settlements |
198,697.48 (5) |
73,007 (5) |
50,500 (3) |
||
|
Costs |
231,646.62 |
100,019.36 |
266,713.57 |
||
|
Total |
445,344.10 |
173,026.36 |
320,428.63 |
938,799.09 |
|
|
2005 |
Awards |
1,000.00 (1) |
2,025,321.00 (3) |
85,125.00 (2) |
|
|
Settlements |
130,250.00 (7) |
1,569,114.00 (9) |
58,000 (2) |
||
|
Costs |
137,447.90 (10) |
658,508.78 (10) |
205,466.85 (15) |
||
|
Total |
268,697.90 |
4,252,943.78 |
348,591.85 |
4,870,233.53 |
|
|
2006 (Provisional) |
Awards |
18,076.32 (1) |
41,443.80 (3) |
Nil |
|
|
Settlements |
386,200.00 (17) |
622,000 (15) |
606,500.00 (8) |
||
|
Costs |
187,797.28 (11) |
60,983.61 (10) |
28,983.93 (3) |
||
|
Total |
592,073.60 |
724,427.41 |
635,483.93 |
1,951,984.94 |
|
|
2007 (Provisional) |
Awards |
97,500.00 (2) |
Nil |
5,246,047.00 (4) |
|
|
Settlements |
238,000.00 (8) |
1,297,000.00 (10) |
4,451,000.00 (34) |
||
|
Costs |
485,944.95 (10) |
1,488,193.20 (9) |
1,125,597.19 (29) |
||
|
Total |
821,444.95 |
2,785,193.20 |
10,822,644.19 |
14,429,282.34 |
|
|
2008 (Provisional) to 22/9/08 |
Awards |
12,500 (1) |
5,500 (1) |
12,500 (1) |
|
|
Settlements |
468,000 (13) |
46,024.34 (4) |
383,657.58 (16) |
||
|
Costs |
673,500.90 (12) |
650,968.42 (14) |
994,529.42 (14) |
||
|
Total |
1,154,000.90 |
702,492.76 |
1,390,687.00 |
3,247,180.66 |
Shane McEntee
Question:64 Deputy Shane McEntee asked the Minister for Justice, Equality and Law Reform the changes he proposes to make to the Garda Síochána Ombudsman Commission; and if he will make a statement on the matter. [32795/08]
Noel Coonan
Question:94 Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform if he is satisfied that the Garda Síochána Ombudsman Commission will continue to operate a broad remit in respect of the nature of the complaints which it investigates; and if he will make a statement on the matter. [32796/08]
I propose to take Questions Nos. 64 and 94 together.
As I indicated in my Reply to Parliamentary Question No. 109 of 8 July 2008, the amendments to the Garda Síochána Act 2005 which are contemplated were set out in detail in two published reports of the Garda Síochána Ombudsman Commission which were laid before the Houses of the Oireachtas on 1 May 2008. Under the proposed changes, the Ombudsman Commission would be empowered to deal with complaints in the way it considers most appropriate, including by direct investigation. The aim of the proposals is to promote greater effectiveness in the use of the Commission's resources in the light of its experience to date. I am currently finalising my consideration of these issues and will bring proposals to Government in the near future.
Proposed Legislation.
Joe Costello
Question:65 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when the legislation to give effect to the victims initiative he announced on 19 June 2008 will be brought before Dáil Éireann; if the heads of the Bill have gone to Government; and if he will make a statement on the matter. [32835/08]
Work is progressing in my Department on the preparation of the heads of a Bill to give effect to the legislative elements of the 'Justice for Victims Initiative' which I announced in June of this year. While I am unable to give a precise date for submission of the heads to Government at this time, I remain committed to publishing the Bill in the Spring of 2009 and I remain confident of achieving that target.
Human Rights Commission.
Michael D. Higgins
Question:66 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the proposed changes to the role, structure or organisation of the Human Rights Commission; if he is satisfied that such changes would be consistent with the obligations entered into by the Government under the Good Friday Agreement that the Human Rights Commission here would have a mandate and remit equivalent to that in Northern Ireland; and if he will make a statement on the matter. [32832/08]
In the context of the ongoing expenditure reviews and the 2009 estimates process, all Departments are looking at the possibility to rationalise their non-commercial agencies in order to deliver savings in 2009. No decisions have been taken yet regarding the rationalisation of agencies under the aegis of my Department. Any potential changes made would be consistent with the State's obligations under the Good Friday Agreement.
Question No. 67 answered with Question No. 16.
Commissions of Investigation.
Kathleen Lynch
Question:68 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform the progress made to date regarding the implementation of the recommendations of the report of the commission of investigation into the case of a person (details supplied); and if he will make a statement on the matter. [32842/08]
I refer the Deputy to my response to Parliamentary Question No. 116 of 28 May 2008. The position remains unchanged.
Crime Levels.
Joe McHugh
Question:69 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform his views on the alleged links between dissident republicans and the drugs trade; the steps he has taken to address this issue; and if he will make a statement on the matter. [32799/08]
The Deputy will appreciate that it would not be helpful for me to comment on the specific details of operations and initiatives put in place by the Gardaí to combat dissident activities or those involved in the illegal drugs trade. The Garda Síochána targets all criminal organisations and individuals whether they are suspected of involvement with subversive activities or of involvement in the trafficking and distribution of illegal drugs.
I am informed by the Garda authorities that through various investigations and other intelligence-led operations they have established the existence of links between suspected dissident republican groups and organised criminal gangs, primarily centred on intimidation, extortion or ‘protection' activities. In co-operation with the Defence Forces, Customs, other police forces and with international law enforcement agencies, the Garda Síochána will continue to target the individuals and organisations involved in these criminal activities.
Criminal Prosecutions.
Michael Creed
Question:70 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform his plans to get a report seeking information on the reported dropping of charges against a convicted drugs dealer who is at the centre of Garda corruption allegations (details supplied); and if he will make a statement on the matter. [32792/08]
Michael Creed
Question:77 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform if he will initiate an inquiry into the reported dropping of charges against a convicted drugs dealer who is at the centre of Garda corruption allegations (details supplied); and if he will make a statement on the matter. [32793/08]
I propose to take Questions Nos. 70 and 77 together.
I have received an interim report from the Garda Commissioner about this case and I expect to receive a full report on it from him, as soon as possible, after certain enquiries have been completed. When I have received the full report I will consider the question of any further action which may be necessary on my part. I should mention also that I understand that there have been contacts between An Garda Síochána and the Garda Síochána Ombudsman Commission about the case and I have agreed to a request from the Commissioner that the interim report furnished to my Department should be made available to the Commission.
Community Courts.
Pádraic McCormack
Question:71 Deputy Pádraic McCormack asked the Minister for Justice, Equality and Law Reform his views and intentions regarding the expansion and development of community courts; and if he will make a statement on the matter. [32804/08]
Last year, the National Crime Council published a report entitled "Problem Solving Justice: the Case for Community Courts in Ireland". The report included a detailed consideration of the literature available on the concept, origin and development of Community Courts internationally. It also examined the position in the United States and in the United Kingdom to see how these courts work in practice. I welcome the report as a valuable aid to policy formulation and it is under consideration in my Department.
Community Courts share many of the characteristics of the Drug Treatment Court. This Court originally operated on a pilot basis in the North inner city of Dublin and has since been placed on a permanent footing and extended to the Dublin 7 area. The Court uses a multi-disciplinary approach and involves a range of Government Departments and agencies charged with dealing with various aspects of drug misuse.
The Court operates with the assistance of a team which includes the judge, a probation and welfare officer, an addiction nurse, a Garda liaison officer and education/training representative and counsellors. My Department is currently examining the operation of the court and officials are looking at best practice elsewhere to see how the Court's throughput might be enhanced. There are plans to extend the concept to the rest of the Dublin Metropolitan District Court area on a phased basis and discussions with other agencies are ongoing in this regard.
Drug Seizures.
Ciaran Lynch
Question:72 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the quantity and value of seizures of heroin, cocaine, cannabis and other drugs here during 2007 and to date in 2008; the proportion of the overall flow of drugs imported that is believed to be represented by these seizures; the new initiatives he is planning to control the flow of illegal drugs into Ireland; and if he will make a statement on the matter. [32841/08]
I am informed by the Garda authorities that the following table provides details of the seizures made of the main categories of illegal drugs for 2007 and 2008.
|
2008 (to date) |
Drug Type |
Quantity |
|
Cannabis |
631.95 kg |
|
|
Cannabis Resin |
3,393.63 kg |
|
|
Cocaine |
150.65 kg |
|
|
Diamorphine (Heroin) |
145.65 kg |
|
|
MDMA (Ecstasy) |
172,505 Tablets |
|
2007 |
Drug Type |
Quantity |
|
Cannabis |
725 kg |
|
|
Cannabis Resin |
1,167 kg |
|
|
Cocaine |
1,718 kg |
|
|
Diamorphine (Heroin) |
117 kg |
|
|
MDMA (Ecstasy) |
13kg + 119,134 tablets |
|
|
Amphetamine |
54kg + 10,395 tablets |
|
|
LSD |
73 tablets |
The approximate street value of drugs seized in 2007 and 2008 respectively is €164,606,000 and €97,525,337 (to date). Obviously, given the clandestine nature of this illegal activity it is extremely difficult to quantify with any degree of certainty the proportion of drug seizures made in this jurisdiction by our law enforcement authorities in relation to the overall volumes of drugs being trafficked. Any estimate is, therefore, speculative.
The United Nations Office for Drugs and Crime (UNODC), estimates the value of the global illicit drug market for the year 2005 at over US$320 billion, with over 200 million drug users worldwide. That office estimated in 2005 that global seizures for that year accounted for 44% of cocaine production, 28% of cannabis resin, 25% of opium production, 7% of amphetamines and 4.7% of ecstasy.
As I am sure the Deputy appreciates, drug misuse remains one of the most complex social ills faced globally. Our drug law enforcement response is of course a vital feature of our overall response in addressing the issue but we cannot just look at the issue from a supply reduction perspective only. Rather, we must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.
The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008. The National Drugs Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a cooperative approach involving the statutory, community and voluntary treatment sectors. The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. John Curran, T.D., is the lead Government Department in coordinating the implementation of the National Drugs Strategy and is currently overseeing the process of developing our new Strategy for the years 2009-2016.
This work which involves a wide-ranging, consultative process, in which my Department is actively participating will fully inform the development of our new Strategy. My Department's remit in this area, while not exclusively, is primarily in the area of drug supply reduction, and drug law enforcement remains a key feature of the Government's drug policy framework. An Garda Síochána invokes a number of broad strategic responses in addressing the issue. These include the following:
Identifying, targeting and dismantling national and international drug trafficking networks which supply and distribute illegal drugs within this state.
Conducting intelligence-driven operations focusing on all aspects of the illicit drugs trade including commodity, logistics, distribution and financing.
Continued collaboration with the Customs and Excise Branch of the Revenue Commissioners, Naval Services and other law enforcement agencies in identifying and targeting those involved in the importation of illegal drugs into this jurisdiction.
Working in partnership with statutory, community and voluntary groups to reduce both the supply and demand for drugs within society.
I am advised by the Garda authorities that in addition to the considerable volumes of drugs seized, significant impact was made in 2008 by arresting and prosecuting a number of major players involved in drug trafficking through the importation, sale and distribution of drugs. A significant number of crime gangs involved in this type of criminal activity have been disrupted and dismantled. This work is ongoing and An Garda Síochána will continue to pursue these strategies and continue to tackle organised crime and drug trafficking primarily through the use of specialist units and targeted intelligence led operations.
To further assist in our law enforcement efforts against drug trafficking, a number of new initiatives have been introduced. Some examples of these include the following:
The establishment in January 2008 of the Organised Crime Unit on a permanent footing with full time staff assigned to it. The Unit now has a personnel strength of seventy officers and, in conjunction with the Garda National Drugs Unit and local Gardaí, will continue to implement initiatives such as Operations Anvil and Oak which target criminals involved in the trafficking of drugs.
The Maritime Analysis and Operations Centre (Narcotics) MAOC(N) in Lisbon, of which Ireland is a founding member. The Centre has the specific objective of intercepting narcotic shipments, in particular cocaine, to the European Union from Latin America.
A number of provisions introduced in the Criminal Justice Acts 2006 and 2007 have provided for further measures which will enhance the powers of the Gardaí in the investigation and prosecution of drug offences.
I can assure the Deputy that I will continue to keep the measures for tackling all forms of drug trafficking under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.
Question No. 73 answered with Question No. 41.
Immigration Procedures.
Róisín Shortall
Question:74 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to concerns expressed by the Immigrant Council of Ireland regarding heavy handed treatment of tourists by some immigration officers, including a priest from Nigeria and a tourist from India who had won a trip to Ireland in a competition designed to promote tourism; his views on the concerns expressed; and if he will make a statement on the matter. [32866/08]
Every person landing in the State, including the holder of a visa, is obliged, pursuant to the provisions of section 11 (2) of the Immigration Act, 2004, to furnish to an Immigration Officer such information in such manner as an Immigration Officer may reasonably require for the purposes of the performance of his or her functions. The fact that a visa is a permission to present at the frontiers of the State but does not guarantee entry to the State, was confirmed by the High Court as recently as 23rd May 2008 (Emmanuel Omatayo James & Others — Minister for Justice Equality & Law Reform).
Section 4 of the Immigration Act, 2004 provides for an Immigration Officer to authorise a non-national to land in the State. Section 4(3) enumerates fourteen (14) circumstances in which an Immigration Officer, may, on behalf of the Minister, refuse to give a person a Permission to Land in the State. The circumstances, any one of which may give rise to a permission to land being refused, include, the fact that there is reason to believe that the non-national intends to enter the State for purposes other than those expressed by the non-national.
The above-mentioned High Court Judgement also decided that, as well as there being a requirement on the part of a visa holder to satisfy an Immigration Officer that he / she qualifies for admission to the State, the officer concerned must satisfy himself / herself that a person in possession of a visa in fact qualifies for admission to the State. In performing his or her functions under the Immigration Act, 2004, an Immigration Officer is obliged, pursuant to the provisions of the Act, to have regard to all the circumstances of the non-national concerned known to the officer or represented to the officer by him or her.
In the region of 3,000 persons are refused permission to enter the State at Dublin airport each year, representing 0.012% of the throughput of passengers using that airport (circa 25 million passengers per annum). Clearly, therefore, the vast majority of travellers provide information and documentation to Immigration Officers, on arrival in the State, which enables those officers to conclude that the intended visitors should be permitted to enter the State.
Garda National Immigration Bureau (GNIB) officers have had to be particularly vigilant with regard to passengers arriving into the State, due to the fact that a wide range of modus operandi are being utilised by persons attempting to enter the State illegally. It is relevant that as recently as 27th July 2008, at Dublin airport, a person purporting to be a priest, who produced documentation purporting to verify that he had been ordained as a priest, and who was wearing clothing typically worn by a cleric, was refused leave to land and subsequently admitted that he was not in fact a priest.
Every effort is made by personnel at the Garda National Immigration Bureau to verify information supplied to them by persons making application for permission to enter the State. Personnel engaged in immigration control duties are tasked with detecting illegal immigration, with a view to protecting the State from terrorism and other forms of criminality, while processing millions of passengers. Every effort is made to fulfil this task in a courteous and efficient manner that causes the least possible inconvenience to everybody concerned.
Crime Levels.
Eamon Gilmore
Question:75 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform the number of occasions in 2007 and to date in 2008 in which grenades, bombs or improvised explosive devices have been used; and the number of occasions in each year when the Garda called on the assistance of the Army ordnance unit to deal with such devices. [32837/08]
I am informed by the Garda authorities that in 2007, there were 24 incidents involving grenades, pipe bombs or other improvised devices in the Dublin Metropolitan Region and that the Defence Force's Explosive Ordnance Device team attended at 17 of these. Up to 26 September 2008 there have been 76 such incidents in the Dublin Metropolitan Region and the Defence Force's Explosive Ordnance Device team attended at 56 of these. The Deputy will appreciate that it would not be helpful for me to comment on the specific details of Garda operations in this regard. However, the Garda Síochána is firmly focused on disrupting the criminal elements involved in all such activities and bringing them before the courts.
Question No. 76 answered with Question No. 28.
Question No. 77 answered with Question No. 70.
Departmental Agencies.
Joanna Tuffy
Question:78 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the semi-State bodies, boards or agencies for which his Department has responsibility, which it is intended to abolish or merge; and if he will make a statement on the matter. [32831/08]
As I indicated in reply to Parliamentary Question No. 768 on September 24 last, in the current economic climate, it is incumbent on the State to ensure that the citizen is provided with services that give value for money and that are effective and efficient. It is also essential that in relation to these services, there is the optimum level of transparency and accountability in their delivery to the citizen. This is particularly the case in relation to the large number of non-commercial State agencies now in existence and which was adversely commented on in the OECD Report on the Irish Public Service published last April.
In the context of the 2009 estimates process, all Departments, including my own, are looking at the options to rationalise their agencies with a view to delivering financial efficiencies as well as the more effective delivery of services to the public. It is equally important to ensure that agency functions do not overlap, that there is effective and ongoing communication between these bodies and that the opportunity for synergies, including the sharing of corporate service and other back office functions, are availed of to the fullest extent possible. Moreover, the Government is anxious to ensure that in delivering public services, state agencies avoid the risk of confusing customers by any overlap of functions or roles.
I am also conscious of the need to ensure that the established model of Ministerial accountability to the Oireachtas is supported and enhanced. In that context, appropriate governance mechanisms must be developed to ensure that all these bodies remain connected to the strategic policy objectives of the parent Department. A number of agencies under the aegis of my Department are included in this analysis and are the subject of critical evaluation based on these principles. I can assure the Deputy that any solution arrived at will in no way dilute the level of services provided to the public in all the relevant areas.
Prison Building Programme.
Joan Burton
Question:79 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform the funding allocated from budget 2008 for the Thornton Hall prison project; and if he will make a statement on the matter. [31323/08]
The Irish Prison Service, under Vote 21, has allocated a budget of €2.5m in 2008 to cover preliminary site works including surveys, landscaping, security and maintenance of the property, and professional fees including legal and specialist technical advice.
Question No. 80 answered with Question No. 28.
Crime Prevention.
Sean Sherlock
Question:81 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform when it is intended to increase the Garda search powers, promised in the agreed programme for Government, in relation to drug crime along the lines of the new random breath-testing model for drink driving in order to allow random searches at particular places, times and events where senior gardaí believe there is a risk of drugs being present; and if he will make a statement on the matter. [32864/08]
This matter is under consideration in my Department. Having regard to the sensitivity and complexity of the issues involved in any significant extension of search powers, including issues of constitutional importance, I am unable to say at this stage when proposals will be available.
Road Traffic Offences.
Aengus Ó Snodaigh
Question:82 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on a practice whereby duplicate taxi numbers are attached to the same model of car as the genuine taxi number to aid in the commission of road traffic offences and more serious crimes. [32492/08]
Responsibility for various functions relating to the regulation of the taxi industry, including issues such as the use of duplicate taxi numbers, has been transferred to the Commission for Taxi Regulation, which is under the aegis of the Department of Transport. Suspected offences under road traffic law are, of course, investigated by An Garda Síochána.
Garda Deployment.
Denis Naughten
Question:83 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps he will take to enhance rural policing; and if he will make a statement on the matter. [32680/08]
Brian O'Shea
Question:88 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform if he has received from the Garda Commissioner the report of the working group developing proposals for a comprehensive model of rural and urban community policing; and if he will make a statement on the matter. [32847/08]
I propose to take Questions Nos. 83 and 88 together.
I am informed by the Garda Commissioner that an internal working group was established to develop a comprehensive model of Community Policing. The group's report entitled ‘The Report of the Working Group on the National Model of Community Policing' is at present being considered by Senior Garda Management and I look forward to seeing the proposals which emerge from this. In addition, the National Strategy for Neighbourhood Watch 2007-2011 was launched on the 6 September 2007 and the National Strategy for Community Alert 2007-2011 was launched on the 26 October 2007. All these documents will inform the organisation on how best to implement crime prevention programmes and community policing.
Services for People with Disabilities.
David Stanton
Question:84 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his views on comments (details supplied) made by the Ombudsman at the launch of her fourth annual report that there was a lack of knowledge among public servants regarding commitments under the national disability strategy; the action he will take to increase awareness of disability related issues among public bodies and their staff; and if he will make a statement on the matter. [32962/08]
Considerable progress has been made on the implementation of the National Disability Strategy. The Strategy, which underpins the participation of people with disabilities in Irish society, has been endorsed in the social partnership agreement, Towards 2016, and the Agreed Programme for Government includes a commitment to ensure that the Strategy is driven and managed from a whole of Government perspective. Progress on the implementation of the Strategy is monitored by a Senior Officials Group on Disability comprised of senior officials drawn from a range of Government Departments which reports to the Cabinet Committee on Social Inclusion, and a Stakeholder Monitoring Group.
A new Office for Disability and Mental Health was established in January 2008 to support the Minister of State for Equality, Disability Issues and Mental Health at the Department of Health and Children. This new office has cross-cutting responsibilities in a number of Departments, including my Department. All public bodies, subject to certain considerations, are legally required to improve accessibility under the Disability Act 2005. The "Code of Practice on Accessibility of Public Services and Information provided by Public Bodies" (2006) which was developed by the National Disability Authority (NDA) helps public bodies to make services and information accessible to people with disabilities and provides them with guidance on meeting their obligations under the Act. The NDA has developed and circulated a monitoring questionnaire to assist the evaluation of the implementation of this code by public bodies, and will report on the matter in due course.
Part 5 of the Disability Act 2005 provided for a statutory target, currently set at 3%, for the recruitment and employment of people with disabilities in the public sector. The Act provides for a framework for monitoring this target through monitoring committees in each Government Department. The NDA has an overall monitoring and reporting role under Part 5 of the Act and the first statutory report on the compliance by the public service with the employment target for people with disabilities was published on 4 January 2008. The second report by the NDA which concerns compliance with the target in 2007 is due to be submitted to me by the end of November. Both this report and the NDA report on the outcome of the 2006 Code of Practice monitoring questionnaire which I have referred to, when received, will provide me with the data that is required to establish the level of compliance by the public service with the two important requirements to which they relate. At this point, I can inform the Deputy that I am arranging to have the Senior Officials Group consider the comments to which the Deputy refers.
Question No. 85 answered with Question No. 33.
Proposed Legislation.
Catherine Byrne
Question:86 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform if he will introduce changes in legislation in respect of the payment of fines; when he will introduce same; and if he will make a statement on the matter. [32775/08]
I am currently preparing a Fines Bill and I intend to obtain government approval for its publication in the near future. The Bill will include provisions dealing with the indexation of fines, payment of fines by instalment, equality of impact of fines imposed by the courts and the powers of the courts where a person does not pay a fine by its due date for payment. As the Bill will incorporate redrafted provisions contained in the Fines Bill published in 2007, I also intend to seek Government approval to withdraw the 2007 Bill from the Dáil Order Paper on publication of the Bill currently being drafted.
Tribunals of Inquiry.
Joan Burton
Question:87 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform the progress made regarding the implementation of the first five reports of the Morris tribunal; the recommendations that have not been accepted or that have still to be implemented; and if he will make a statement on the matter. [32830/08]
As the Deputy is aware the disturbing events uncovered by the first five Morris Reports have been the subject matter of strong actions on the part of the Government. These include: the passage of the Garda Síochána Act 2005, the most significant piece of legislation relating to An Garda Síochána in the history of the State; the establishment of the Garda Síochána Ombudsman Commission with almost 100 staff — including its own investigative staff; the establishment of the Garda Inspectorate with its international policing expertise, as a source of independent and expert advice for the Minister; new more streamlined discipline regulations; the imposition on members of a legal duty to account for their official actions; the empowerment of the Garda Commissioner, with the consent of the Government, to dismiss a member of garda, sergeant or inspector rank where he has lost confidence in the capacity of the member to discharge his or her duty and where dismissal is necessary to maintain public confidence in the Force; new promotion regulations and a competency based promotion system; and a whistleblowers' charter and the appointment of an eminent former senior civil servant as a Confidential Recipient.
Other areas of organisational development and modernisation are being progressed within the terms of reference of the Garda Síochana's published Corporate Strategy 2007 to 2009. These include 22 specific change projects for 2008 alone under the chairmanship of the Deputy Commissioner, Strategy and Change Management. These changes are indicative of unprecedented reform and a new era in policing and will go a long way to ensuring that the events in Donegal will not be repeated. Other recommendations of the Morris Tribunal, in particular those contained in the most recent published reports, remain under consideration.
Question No. 88 answered with Question No. 83.
Questions Nos. 89 and 90 answered with Question No. 39.
Garda Investigations.
Eamon Gilmore
Question:91 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform the steps the Garda is taking to deal with a reported feud between two criminal gangs in Dublin which has led to numerous shooting incidents and attacks using explosive devices; and if he will make a statement on the matter. [32836/08]
I have been informed by the Garda Authorities that investigations into recent incidents involving the use of pipe bombs and other improvised explosive devices in the greater Dublin area have uncovered links between a paramilitary group and organised criminal elements. Indications thus far are that the use of these devices are connected with the activities of this group in pursuit of the extortion and intimidation of other criminals and business people. Strategies have been put in place by senior Garda management in the Dublin Metropolitan Region which focus on disrupting the criminal activities of these organised criminal groups. Where there is sufficient evidence, persons involved in these types of activities are brought before the Courts.
Local gardaí supported by national units, including the National Bureau of Criminal Investigation, the Organised Crime Unit, the Special Detective Unit and personnel from Crime and Security Branch, are actively targeting suspected members of various organised crime groups operating in the city and its environs. Firearms, drugs and cash are being seized by gardaí on a regular basis and where appropriate those connected with illegal activities are brought before the Courts on related charges. I am informed by Garda management that investigations are ongoing into all such incidents and I am sure that given the circumstances the Deputy will appreciate that it would be inappropriate for me to comment any further.
Mobile Phones in Prisons.
Damien English
Question:93 Deputy Damien English asked the Minister for Justice, Equality and Law Reform the number of mobile phones that have been seized from Irish prisons annually in the years 2007 and to date in 2008; and if he will make a statement on the matter. [32777/08]
The information requested by the Deputy is set out in the table.
|
Prison |
2007 |
2008 (up until 31 August) |
|
Arbour Hill Prison |
5 |
1 |
|
Training Unit |
55 |
60 |
|
Shelton Abbey |
25 |
55 |
|
Portlaoise Prison |
62 |
24 |
|
Castlerea Prison |
101 |
61 |
|
Midlands Prison |
154 |
99 |
|
Cloverhill Prison |
129 |
100 |
|
Limerick Prison |
255 |
199 |
|
Mountjoy Prison |
718 |
465 |
|
Dóchas Centre |
73 |
41 |
|
St. Patrick’s Institution |
150 |
92 |
|
Wheatfield Prison |
193 |
177 |
|
Loughan House |
87 |
49 |
|
Cork Prison |
110 |
41 |
|
Total |
2,117 |
1,464 |
The Deputy will no doubt be aware that the problem of mobile phone use in prisons is a major challenge for prison services worldwide. The Irish Prison Service is dealing with this problem through a multifaceted approach which incorporates measures to prevent the smuggling of mobile phones into prisons, search and find operations aimed at locating and removing phones from within the prisons and the installation of mobile phone blocking technology.
Airport style scanners, x-ray machines, etc., are in operation at the entrances to most of our closed prisons and the installation programme for the remaining prisons is nearing completion. Cell and area searches for contraband such as mobile phones take place in all our prisons on a daily basis. These include random, targeted and intelligence led searches, many of which are now carried out by the recently established Operational Support Group. It is my understanding that these searches have been particularly effective and local intelligence indicates that the availability of mobile phones is now at a very low level in the prison system.
The technological approach involves the installation of mobile phone inhibitors throughout a prison complex. This is ground-breaking technology which is being developed in the Midlands Prison. The indications so far are positive enough to convince me that it is a worthwhile programme and merits commencement of the second module of the scheme. This will see the installation of an inhibition system beginning in Portlaoise Prison before the end of the year.
The Deputy will be aware that Section 36 of the Prisons Act 2007, which was brought into operation from 1 May 2007, makes it an offence for prisoners to have unauthorised possession of or use mobile telecommunications devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalty for such an offence, on summary conviction, is a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.
Question No. 94 answered with Question No. 64.
Crime Levels.
Phil Hogan
Question:95 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform if he is satisfied that the proliferation of pipe bomb attacks in the greater Dublin area is connected with the activities of dissident republicans; and if he will make a statement on the matter. [32798/08]
I am informed by the Garda authorities that investigations into certain recent pipe bomb incidents in the Dublin area indicate the involvement of paramilitary elements. Garda investigations into these incidents are ongoing.
Mobile Phones in Prisons.
John O'Mahony
Question:96 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform if it is his policy to allow the use of mobile phones in prisons with a view to monitoring the communications of prisoners. [32953/08]
There are no circumstances whereby the prison authorities grant or facilitate prisoners with access to mobile phones while in prison custody. The Deputy will be aware that Section 36 of the Prisons Act 2007, which was brought into operation from 1 May 2007, makes it an offence for prisoners to have unauthorised possession of or use mobile telecommunications devices. Under the Act it is also an offence to supply such a device to a prisoner. The penalty for such an offence, on summary conviction, is a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.
I am determined to deal with the problem of prisoners using mobile phones and, in this context, I believe that technology offers the best solution to dealing with the illegal use of mobile phones by prisoners. Installation of a pilot scheme of technology to prevent the use of mobile phones in prisons began in Midlands/Portlaoise Prison Complex in April 2007. The inhibitors are being introduced on a phased basis in terms both of the physical structure of the prison, i.e., on a building by building basis — and also in terms of communications bands/channels that are being inhibited.
The Midlands Prison module of the pilot scheme is now nearing completion and the Irish Prison Service is at an advanced stage in terms of its acceptance testing procedures. All indications continue to be very positive and, based on the experience so far, installation of inhibitors in the new block in Portlaoise maximum security prison will begin before the end of the year. It is expected that inhibitors will be installed in all our closed prisons over the next 18 to 24 months.
Proposed Legislation.
Ruairí Quinn
Question:97 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform when it is expected that the promised legislation on civil unions will be published; and if he will make a statement on the matter. [32852/08]
The Government Legislation Programme published on 23 September 2008 indicates that publication of the Civil Partnership Bill is expected in early 2009. The General Scheme of the Bill was published on 24 June 2008 and is available on my Department's website.
Departmental Procurement Policy.
Kieran O'Donnell
Question:98 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform if it his policy to seek discounts when bulk purchasing with public money; and if he will make a statement on the matter. [32789/08]
I wish to inform the Deputy that in the matter of bulk purchasing, my Department adheres to its obligations under the EU Directives and National Public Procurement Guidelines. Contracts are generally awarded on the basis of the most economically advantageous tender. Cost is always included as a criterion. Post-tender negotiation is prohibited as it diminishes transparency. The basic procurement principle is that maximum use of transparent competitive open tendering is the best way to get value for money.
My Department is committed to greater use of framework agreements which are now allowed under the directives, to increase competition without adding an undue burden on businesses who wish to quote for Government business. We are also taking steps to streamline and aggregate procurement within my Department and between the Department and other Departments and Agencies to help exploit the relative overall size of Government spend in certain markets. A particularly welcome initiative is the establishment the new public Procurement National Operations unit in the Office of Public Works under the direction of my colleague, Minister of State Mansergh, which affords a welcome opportunity to bring a more coordinated approach to the issue of public sector procurement in Ireland in line with the recent OECD report. My Department will, of course be fully participating in that initiative.
Departmental Reports.
Liz McManus
Question:99 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the action he has taken or plans to take arising from the report of the Hartnett inquiry into the death of a person (details supplied); and if he will make a statement on the matter. [32844/08]
As indicated in my reply to Parliamentary Question Number 129 of 8 July 2008, the findings of the Hartnett Report have been accepted. I am constrained in what I can say due to the fact that civil proceedings instituted by the Rossiter family are still ongoing and an inquest into Brian Rossiter's death has yet to be concluded. I understand, in fact, that the Inquest is due to resume today. In my July reply I also indicated that a Chief Superintendent had been appointed under the Garda Síochána (Discipline) Regulations 2007 to deal with disciplinary matters arising from the Report. The question of discipline for members is, in the first instance, a matter for the Commissioner and I understand that one member has been dealt with under that process and the process is ongoing in respect of two others.
Road Traffic Offences.
Pádraic McCormack
Question:100 Deputy Pádraic McCormack asked the Minister for Justice, Equality and Law Reform his views on so-called boy racers; and if he will make a statement on the matter. [32803/08]
One of the strategic goals set out in the Garda Síochána Corporate Strategy 2007-2009 is to reduce significantly the incidence of fatal and serious injuries and improve road safety. One of the actions identified in the Garda Policing Plan 2008 in support of this goal is targeted intelligence-led operations against offending young drivers.
I am informed by the Garda authorities that specific operations are conducted to improve the compliance culture among such drivers and reduce the level of death and injuries in that age group. An Garda Síochána is working with other agencies, in particular the Road Safety Authority, in this regard. Specific areas, identified as places where young drivers congregate, are targeted to prevent breaches of the criminal law and gather intelligence on those involved in this type of criminality. As a result, uniform members of An Garda Síochána, supported by Divisional Traffic Corps personnel, establish checkpoints and enforce in a highly visible manner the provisions of the Road Traffic Acts.
These initiatives have resulted in detections being made for a wide range of road traffic offences, including offences relating to dangerous driving, careless driving, no silencer fitted, L plates not displayed, identification plates not conforming with legislation, road tax, insurance and driving licences, speeding, dangerously defective vehicles and modified vehicles. Offences detected are dealt with by way of prosecution, fixed charge notice or, where appropriate, through the Juvenile Diversion Programme. In addition to these intelligence-led operations, all uniform members of An Garda Síochána are tasked with enforcing the relevant legislative provisions. Regular mobile patrols take place, and roving checkpoints are conducted in areas where young drivers tend to congregate.
In addition websites are monitored so as to establish where such anti-social activities are taking place with a view to providing an appropriate response. Garda road safety awareness programmes are conducted in schools, third level colleges, factories, workplaces and other facilities, with the aim of educating road users of the obligations on all road users under the Road Traffic Acts and to promote road safety among the target group.
I am further informed by the Garda authorities that they are currently reviewing various types of equipment in line with EU specifications, which will ensure that the technical evidence necessary is available to prosecute successfully drivers whose vehicles produce excessive noise or have windows (front windscreen and front passenger door windows) which fail to provide a view of the road and traffic on the road necessary to enable the driver to drive safely. Any changes to road traffic legislation, including the introduction of new penalties, is a matter for my colleague the Minister for Transport.
Redundancy Payments.
Leo Varadkar
Question:101 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount of money owed to her Department in refunds for redundancy payments; the way debtors are being pursued; the criteria used to write-off the debts; and if she will make a statement on the matter. [33155/08]
Leo Varadkar
Question:103 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount owed to her Department in refunds for redundancy payments that has been written off in the past three years; if she will list the amount written off and the name of the debtor; and if she will make a statement on the matter. [33154/08]
I propose to take Questions Nos. 101 and 103 together.
The total amount outstanding to the SIF in respect of all cases at year end 2007 was €37.7m. In the past three years, an amount of €4.45m relating to 132 individual company debts due to the SIF in respect of statutory redundancy payments made by my Department to employees whose employers were not in a position to make those statutory payments, has been written off as irrecoverable.
The criteria engaged to write off such monies are cases in which liquidations have been completed and final statement of accounts were received and/or cases where the companies concerned have been struck off the Register of Companies. Equally, write-offs were concluded in cases in which receiverships were completed and the Receiver had disposed of all assets of the company, and final Receiver Receipts and Payments Accounts were produced. In both instances, confirmation would have been received that either the companies had been dissolved and struck off the Register of Companies for at least two years or that companies struck off the Register were not pending reinstatement. In these situations there is no legal entity to pursue to recover outstanding debt.
Apart from liquidations and receiverships, debt arises from defaulting employers whose enterprises, while they may be experiencing financial difficulties, do not undertake formal liquidation or receivership processes. In all cases of outstanding debt regardless of the source, liability letters seeking repayment of the outstanding debt are issued and debts are recovered on foot of these letters. Follow up to the initial liability letters by issuing regular reminders is also being pursued. As there is no time limit on liquidations, it often takes a number of years to recover any liability from the administrator of a liquidated company, but reminders of the preferential creditor status of the Minister are regularly issued. It is not the practice of my Department to release information on redundancy/insolvency matters in respect of individuals or companies.
Job Creation.
Charles Flanagan
Question:102 Deputy Charles Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of Industrial Development Authority supported jobs created in County Laois each year for the past ten years; and if she will make a statement on the matter. [33097/08]
The Forfás Annual Employment Survey reports on job gains and losses in companies that are clients of the industrial development agencies. Information is collected on an annualised basis and is aggregated at county level. Figures for 2008 will not be available until early 2009. The numbers of new jobs created by IDA supported companies in Co. Laois in each year of the 10 year period 1998-07 are shown on the tabular statement. IDA collaborates with other stakeholders in an effort to develop the region and through its network of overseas offices the Agency continues to market the area to potential investors.
|
Year |
1998 |
1999 |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
2007 |
|
Number of new jobs created |
7 |
23 |
41 |
13 |
30 |
2 |
18 |
12 |
18 |
9 |
Question No. 103 answered with Question No. 101.
Tax Code.
Richard Bruton
Question:104 Deputy Richard Bruton asked the Minister for Finance the cost of raising the threshold on the health levy by €100 per week and by €200 per week in 2009. [33187/08]
Using the data in the Pre-Budget 2009 income tax ready reckoner, a €100 and a €200 increase in the threshold of the health levy would cost about €120 million and €240 million in a full year, respectively. The costs quoted are provisional, subject to revision and estimated to the nearest €5 million. The ready reckoner is available on my Department's website, at www.finance.gov.ie.
Public Service Staff.
Richard Bruton
Question:105 Deputy Richard Bruton asked the Minister for Finance if he will take steps to ensure that Departments and agencies who are seeking to make savings on their wage bill do not compromise the family friendly working options that have been developed in recent years; and if he will make a statement on the matter. [33006/08]
Family-friendly policies have made, and will continue to make, a vital contribution to the recruitment and retention of staff across the public sector. The Civil Service, in particular, is acknowledged as offering a wide range of flexible and family friendly options including flexitime, work-sharing, term-time working and career breaks. Requests for access to work-life balance schemes are generally facilitated as far as possible, subject to business requirements. It is a matter for each individual Department or Office to determine how best to apply these schemes in their business context, including in the context of securing payroll saving and other efficiencies.
Tax Code.
Joanna Tuffy
Question:106 Deputy Joanna Tuffy asked the Minister for Finance the position regarding the tax covenanting scheme that is available; the circumstances in which it can be availed of; the persons who can avail of it; the financial limits that apply and the money expended by the State in relation to these tax covenants. [33075/08]
Joanna Tuffy
Question:107 Deputy Joanna Tuffy asked the Minister for Finance the position regarding the abolition of certain tax covenanting arrangements that applied before the abolition of third level tuition fees; the amount estimated as saved by his Department each year by the abolition of those tax covenanting arrangements; and the amount spent on this covenanting scheme in the year that preceded the year it was abolished. [33076/08]
I propose to take Questions Nos. 106 and 107 together.
A deed of covenant is a legally binding written agreement made by an individual to pay an agreed amount to another individual, without receiving any benefit in return. To be legally effective, it must be properly drawn up, signed, witnessed, sealed and delivered to the individual receiving the payments. Any amount can be paid under a deed but only covenants in favour of certain individuals qualify for tax relief. A deed must be capable of exceeding a period of six years to qualify for tax relief.
Up to and including the 1993/94 tax year, tax relief was available to the covenanter in respect of covenants in favour of all individuals and for research, teaching of natural sciences and to certain bodies for the promotion of human rights. There was evidence that this tax relief was being abused. To curb this abuse, to stem the rising cost to the Exchequer of covenants and to help fund the phasing out of fees for third level education, this regime was phased out, for both existing and new covenants, in tax years 1994/95 and 1995/96. Since the tax year 1996/97, unrestricted tax relief can only be claimed by covenanters in respect of covenants in favour of permanently incapacitated minors (other than covenants from parents to their own minor incapacitated children) and in respect of covenants in favour of permanently incapacitated adults.
Tax relief can also be claimed by a covenanter in respect of covenants in favour of adults aged 65 or over but the amount of tax relief available on one or more covenants cannot exceed 5% of the total income of the covenanter. When paying over the monies under the covenant, the covenanter deducts tax at source at the standard rate of tax (currently 20%). A covenantee may be entitled to a refund of all, or part, of this tax where his or her tax credits reduce his/her tax liability to less than the amount of income tax deducted by the covenanter, or if the covenantee's total income is below the applicable income tax exemption limit.
The attached table provided by the Revenue Commissioners shows the estimated cost of the tax relief in each tax year from 1993/94 to 2005. The cost of the relief dropped considerably in tax year 1996/97, the year in which certain restrictions already outlined were introduced. The Revenue Commissioners have also provided figures (rounded to the nearest hundred) for the number of taxpayers since 2000/01 claiming tax relief on covenants.
|
Tax year |
Numbers of Claimants |
Estimated cost of tax relief |
|
(€) m |
||
|
1993/94 |
51.8 |
|
|
1994/95 |
58.3 |
|
|
1995/96 |
31.0 |
|
|
1996/97 |
8.4 |
|
|
1997/98 |
8.8 |
|
|
1998/99 |
8.9 |
|
|
1999/2000 |
10.3 |
|
|
2000/01 |
4,700 |
11.2 |
|
2001 |
6,100 |
10.2 |
|
2002 |
5,900 |
12.8 |
|
2003 |
6,000 |
15.0 |
|
2004 |
6,000 |
17.1 |
|
2005 |
6,100 |
18.9 |
Michael Ring
Question:108 Deputy Michael Ring asked the Minister for Finance the amount of income tax paid by a married couple, under the PAYE system, assessed jointly with one income of €2,400 and the second income of €65,600 in 2007 assuming the standard tax credits. [33109/08]
Michael Ring
Question:109 Deputy Michael Ring asked the Minister for Finance the amount of income tax paid by a married couple, under the PAYE system, assessed jointly with one income of €5,000 and the second income of €63,000 in 2007 assuming the standard tax credits. [33110/08]
Michael Ring
Question:110 Deputy Michael Ring asked the Minister for Finance the amount of income tax paid by a married couple, under the PAYE system, assessed jointly with one income of €12,000 and the second income of €56,000 in 2007 assuming the standard tax credits. [33111/08]
Michael Ring
Question:111 Deputy Michael Ring asked the Minister for Finance the amount of income tax paid by a married couple, under the PAYE system, assessed jointly, with one earner of €68,000 in 2007, assuming the standard tax credits. [33112/08]
Michael Ring
Question:112 Deputy Michael Ring asked the Minister for Finance the amount of income tax paid by a married couple, under the PAYE system, assessed jointly with two incomes each of €34,000 in 2007 assuming the standard tax credits. [33113/08]
I propose to take Questions Nos. 108 to 112, inclusive, together.
The position in 2007 regarding tax bands and credits for a married couple is as follows.
|
Standard Rate Band |
|
|
Married one income: |
€43,000 |
|
Married two income: |
|
|
Transferable: |
€43,000 |
|
Non-transferable: |
€25,000 |
|
Tax Credits |
|
|
Married Personal Credit: |
€3,520 |
|
Employee (PAYE) Credit: |
€1,760 |
The following five examples show the income tax payable by married couples as requested by the Deputy on gross income of €68,000 for 2007.
Example 1
Married two income couple under the PAYE system, assessed jointly with one of €2,400 and the second income of €65,600.
|
Earner 1 |
Earner 2 |
||
|
Gross Income |
€2,400 |
Gross Income |
€65,600 |
|
Band Available |
€25,000 |
Band Available |
€43,000 |
|
Band Utilised |
€2,400 |
Band Utilised |
€43,000 |
|
Tax |
Tax |
||
|
€2,400 @ 20% = |
€480 |
€43,000 @ 20% = |
€8,600 |
|
|
€22,600 @ 41% = |
€9,266 |
|
|
€480 |
€17,866 |
||
|
Less Credits |
|||
|
Employee |
(€480) |
(€1,760) |
|
|
Married |
|
(€3,520) |
|
|
= Total Credits |
(€480) |
(€5,280) |
|
|
Total Tax |
Nil |
€12,586 |
|
|
Total Tax Due: |
€12,586 |
Example 2
Married two income couple under the PAYE system, assessed jointly with one of €5,000 and the second income of €63,000
|
Earner 1 |
Earner 2 |
||
|
Gross Income |
€5,000 |
Gross Income |
€63,000 |
|
Band Available |
€25,000 |
Band Available |
€43,000 |
|
Band Utilised |
€5,000 |
Band Utilised |
€43,000 |
|
Tax |
Tax |
||
|
€5,000 @ 20% = |
€1,000 |
€43,000 @ 20% = |
€8,600 |
|
|
€20,000 @ 41% = |
€8,200 |
|
|
€1,000 |
€16,800 |
||
|
Less Credits |
|||
|
Employee |
(€1,000) |
(€1,760) |
|
|
Married |
|
(€3,520) |
|
|
= Total Credits |
(€1,000) |
(€5,280) |
|
|
Total Tax |
Nil |
€11,520 |
|
|
Total Tax Due: |
€11,520 |
Example 3
Married two income couple under the PAYE system, assessed jointly with one of €12,000 and the second income of €56,000
|
Earner 1 |
Earner 2 |
||
|
Gross Income |
€12,000 |
Gross Income |
€56,000 |
|
Band Available |
€25,000 |
Band Available |
€43,000 |
|
Band Utilised |
€12,000 |
Band Utilised |
€43,000 |
|
Tax |
Tax |
||
|
€12,000 @ 20% = |
€2,400 |
€43,000 @ 20% = |
€8,600 |
|
|
€13,000 @ 41% = |
€5,330 |
|
|
€2,400 |
€13,930 |
||
|
Less Credits |
|||
|
Employee |
(€1,760) |
(€1,760) |
|
|
Married |
|
(€3,520) |
|
|
= Total Credits |
(€1,760) |
(€5,280) |
|
|
Total Tax |
€640 |
€8,650 |
|
|
Total Tax Due: |
€9,290 |
Example 4
Married couple under the PAYE system, assessed jointly with one earner of €68,000.
|
Earner 1 |
|||
|
Gross Income |
€68,000 |
||
|
Band Available |
€43,000 |
||
|
Band Utilised |
€43,000 |
||
|
Tax |
|||
|
€43,000 @ 20% = |
€8,600 |
||
|
€25,000 @ 41% = |
€10,250 |
||
|
€18,850 |
|||
|
Less Credits |
|||
|
Employee |
(€1,760) |
||
|
Married |
(€3,520) |
||
|
= Total Credits |
(€5,280) |
||
|
Total Tax Due: |
€13,570 |
Example 5
Married two income couple under the PAYE system, assessed jointly with two incomes each of €34,000
|
Earner 1 |
Earner 2 |
||
|
Gross Income |
€34,000 |
Gross Income |
€34,000 |
|
Band Available |
€34,000 |
Band Available |
€34,000 |
|
Band Utilised |
€34,000 |
Band Utilised |
€34,000 |
|
Tax |
Tax |
||
|
€34,000 @ 20% = |
€6,800 |
€34,000 @ 20% = |
€6,800 |
|
Less Credits |
|||
|
Employee |
(€1,760) |
(€1,760) |
|
|
Personal |
(€1,760) |
(€1,760) |
|
|
= Total Credits |
(€3,520) |
(€3,520) |
|
|
Total Tax |
€3,280 |
€3,280 |
|
|
Total Tax Due: |
€6,560 |
Róisín Shortall
Question:113 Deputy Róisín Shortall asked the Minister for Finance the estimated saving to the Exchequer if a cap of €200,000, €150,000, €130,000 and €100,000 respectively was applied to the reckonable salary for pension contribution purposes; and if he will make a statement on the matter. [33142/08]
It is presumed the Deputy is referring to the current annual earnings cap of €275,239 which operates to limit the level of tax-relieved personal pension contributions in any one year. The annual earnings cap acts, in conjunction with age-related percentage limits of annual earnings, to put a ceiling on the annual amount of tax relief an individual taxpayer can obtain on pension contributions.
The full year yields to the Exchequer arising from reducing the earnings cap to the amounts mentioned in the question are estimated as follows:
|
Proposed Earnings Cap |
Estimated Exchequer Yield |
|
€ |
€m |
|
200,000 |
28 |
|
150,000 |
101 |
|
130,000 |
156 |
|
100,000 |
287 |
A breakdown of the figures by reference to income levels is available only in respect of the tax relief for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) to the extent that these contributions are included in the personal tax returns of tax payers.
With regard to occupational pensions, (that is, schemes set up by the employer), the figures in respect of employee contributions are available only in aggregate form. Information on such contributions is not captured in such a way as to make it possible to associate contributions with individual income levels. For that reason the estimated yields to the Exchequer provided in respect of these contributions are extremely tentative.
The estimates of yield are based on assuming that tax relief which would be affected by the changes mentioned in the question is currently allowed at the top income tax rate of 41% and at the maximum age-related percentage limit of earnings. The estimated figures provided could therefore be regarded as the maximum Exchequer yield in respect of those taxpayers.
Róisín Shortall
Question:114 Deputy Róisín Shortall asked the Minister for Finance the cost to the Exchequer of tax relief on small self-administered pensions in the past five years for which figures are available with a breakdown by relief type. [33143/08]
Employer contributions to small self-administered pension schemes are treated as a trading expense. Employee contributions are netted off as deductions from an individual's income before arriving at the definition of income for tax purposes. I am informed by the Revenue Commissioners that figures of pension contributions by employers and employees are not captured in such a way as to provide a dedicated basis for compiling estimates of cost to the Exchequer in respect of contributions to such schemes. Accordingly, I am not in a position to provide the specific information requested by the Deputy.
Róisín Shortall
Question:115 Deputy Róisín Shortall asked the Minister for Finance the cost to the Exchequer of tax relief on mortgage interest relief for landlords in the past five years for which figures are available; and if he will make a statement on the matter. [33144/08]
I am informed by the Revenue Commissioners that based on personal income tax returns filed by non-PAYE taxpayers for the years 2003 to 2006 inclusive, the latest year for which this information is available, the estimated amount of tax foregone by allowing a deduction for interest on borrowings to be offset against rents assessable under Case V, Schedule D is as set out as follows.
|
Year |
Estimated Tax Forgone |
|
€m |
|
|
2003 |
222 |
|
2004 |
284 |
|
2005 |
393 |
|
2006 (provisional) |
572 |
The estimates are based on assuming that tax relief was allowed at the top income tax rate of 42% and the figures provided could therefore be regarded as the maximum Exchequer cost in respect of those taxpayers.
Corresponding suitable data is not available for the year 2002. Data for the tax year 2007 is not yet available as the income tax returns for that year are not due for filing until October 2008. Company returns of rental income are net of interest on borrowings and the figures for interest are not separately distinguished in those returns. It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return form 12 is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return form 11. This return is the source of the figures provided in this reply.
Róisín Shortall
Question:116 Deputy Róisín Shortall asked the Minister for Finance the cost to the Exchequer of tax relief on mortgage interest relief for interest only mortgages in the past five years for which figures are available; and if he will make a statement on the matter. [33145/08]
I am informed by the Revenue Commissioners that the cost to the Exchequer of all mortgage interest relief relating to borrowers' sole or main residences which was provided by way of tax relief at source (TRS) in each of the years 2004 to 2008 inclusive is as follows:
|
Tax Year |
Cost |
|
€m |
|
|
2004 |
230 |
|
2005 |
280 |
|
2006* |
350 |
|
2007* |
545 |
|
2008* |
665 (revised estimate) |
*These figures are provisional and subject to revision.
It is not possible to distinguish between the cost of mortgage interest relief for interest only and other types of mortgages.
Decentralisation Programme.
Fergus O'Dowd
Question:117 Deputy Fergus O’Dowd asked the Minister for Finance the status of reports from the decentralisation implementation group and from the implementation group of Secretaries General; if these reports will be laid before the Houses of the Oireachtas; and if he will make a statement on the matter. [33164/08]
The Government decided on 8th July last that no further expenditure on the acquisition of accommodation for decentralisation should be sanctioned pending detailed consideration by the Government of two reports: one from the Decentralisation Implementation Group on the feasibility of phased moves by the State Agencies; and one from the Decentralisation Sub Group of the SMI Implementation Group of Secretaries General on the governmental and cross-Departmental issues arising from the need to provide facilities for Ministers, Ministers of State and officials while in Dublin on business. These reports are currently under consideration by Government.
Tax Code.
Richard Bruton
Question:118 Deputy Richard Bruton asked the Minister for Finance the cost of raising tax credits and the tax cut off points by 4.5% in the 2009 income tax code. [33174/08]
Using the data in the Pre-Budget 2009 income tax ready reckoner, a 4.5% increase in the value of the main personal credits (basic personal credit and employee credit) and the tax bands would cost about €645 million in a full year. The costs quoted are provisional, subject to revision and estimated to the nearest €5 million. The ready reckoner is available on my Department's website, at www.finance.gov.ie.
Richard Bruton
Question:119 Deputy Richard Bruton asked the Minister for Finance the revenue that would be raised by applying medical relief only at the standard rate of 20% in 2009. [33175/08]
I am advised by the Revenue Commissioners that if relief for health expenses was confined to the standard rate of income tax the saving to the Exchequer could be of the order of €155 million in a full year.
Richard Bruton
Question:120 Deputy Richard Bruton asked the Minister for Finance the revenue that would be raised by reducing the maximum allowable amount of tax relief on pension contributions by €50,000, by €100,000 and by €150,000 respectively in 2009. [33176/08]
It is assumed that the Deputy is referring to the current annual earnings cap of €275,239 which operates to limit the level of tax relieved personal pension contributions in any one year. The annual earnings cap acts, in conjunction with age-related percentage limits of annual earnings, to put a ceiling on the annual amount of tax relief an individual taxpayer can obtain on pension contributions.
The full year yields to the Exchequer arising from reducing the earnings cap by the amounts mentioned in the question are estimated as follows:
|
Proposed Earnings Cap |
Estimated Exchequer Yield |
|
€ |
€m |
|
225,239 |
11 |
|
175,239 |
55 |
|
125,239 |
189 |
A breakdown of the figures by reference to income levels is available only in respect of the tax relief for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) to the extent that these contributions are included in the personal tax returns of tax payers.
With regard to occupational pensions, (that is, schemes set up by the employer), the figures in respect of employee contributions are available only in aggregate form. Information on such contributions is not captured in such a way as to make it possible to associate contributions with individual income levels. For that reason the estimated yields to the Exchequer provided in respect of these contributions are extremely tentative.
Richard Bruton
Question:121 Deputy Richard Bruton asked the Minister for Finance the revenue that would be raised by reducing the combined value of tax reliefs that an individual can claim in 2009 under the rules for capping, by €50,000, by €100,000 and by €150,000 respectively in 2009. [33177/08]
It is assumed that the Deputy is referring to the restriction of reliefs measure announced in Budget 2006, which took effect on 1 January 2007. It is estimated by the Revenue Commissioners that reducing the threshold of €250,000 and the marginal relief limit of €500,000 by the stated amounts would result in the following full year yields to the Exchequer in 2009:
|
New threshold |
New marginal relief limit |
Full year yield |
|
€ |
€ |
€m |
|
200,000 |
400,000 |
8 |
|
150,000 |
300,000 |
18 |
|
100,000 |
200,000 |
28 |
As the closing date for tax returns for the 2009 tax year will not be until 31 October 2010, there would be a minimal yield from any of these proposals in 2009. These estimates are based on personal income tax data for 2005, with income and numbers projected forward for growth up to 2009.
Richard Bruton
Question:122 Deputy Richard Bruton asked the Minister for Finance the revenue that would be raised by reducing all remaining tax reliefs, other than for pension contributions, in the tax code to be only claimable at the standard rate of tax in 2009. [33178/08]
I am advised by the Revenue Commissioners that the deductions and reliefs which are allowable for tax at an individual's marginal rate of income tax, other than pension contributions, and for which estimates of cost can be provided are set out as follows together with estimated costs for the year 2005, the most recent year for which the necessary detailed information is available except where otherwise stated. If relief for these deductions and reliefs was confined to the standard rate of income tax the saving to the Exchequer could be of the order of €550 million.
This estimate does not take into account any possible behavioural change on the part of taxpayers as a consequence of such a change or the economic effect of such a change. This applies in particular to the BES, Film Relief and Capital Allowances regime. The standard rating of employee pension reliefs would also have an impact on workers' take home pay.
|
Tax Relief Provision |
2005 Cost |
|
€m |
|
|
Person Taking Care of Incapacitated Taxpayer |
1.6 |
|
Health Expenses |
134.0 |
|
Contributions Under Permanent Health Benefit Schemes, after Deduction of Tax on Benefits Received |
2.8 |
|
Interest paid relating to borrowings for purposes such as acquiring an interest in a company or partnership or to pay death duties |
22.2 |
|
Expenses Allowable to Employees under Schedule E |
65.0 |
|
Donations to Approved Bodies |
34.0 |
|
Donations to Sports Bodies. |
0.2 |
|
Retirement Relief for certain Sports Persons. |
0.2 |
|
Revenue Job Assist allowance |
0.4 |
|
Allowance for seafarers |
0.4 |
|
Investment in Corporate Trades (BES) |
16.1 |
|
Investment in Seed Capital |
1.3 |
|
Stock Relief |
2.0 |
|
Relief for expenditure on significant buildings and gardens |
3.3 |
|
Donation of Heritage items |
5.8 |
|
Capital Allowances (Income Tax only) |
734.5 |
|
Rented Residential Relief — Section 23 |
239.7 |
|
Investment in Films |
15.7 |
|
Total |
2,109.1 |
Richard Bruton
Question:123 Deputy Richard Bruton asked the Minister for Finance the revenue from a carbon tax of €20 and €25 per tonne of CO2 respectively applied to all energy related sources of CO2, excluding those participating in the emission trading scheme; and his estimate of the absolute and percentage increase in the retail price of energy sources used by families and businesses. [33179/08]
The Deputy will be aware the matter of a carbon tax is being considered by the Commission on Taxation and the Commission is due to report by September 2009 at the latest. I am informed by the Revenue Commissioners that the estimated impact of a carbon tax at the levels suggested on the retail prices of energy sources are set out in the following table:
|
Fuel Type |
Unit |
Price |
Carbon Tax €20 |
% price increase |
Carbon Tax €25 |
% price increase |
|
€ |
% |
% |
||||
|
Peat Briquette |
Bale |
3.50 |
0.52 |
14.86 |
0.65 |
18.57 |
|
Coal |
40kg |
14.80 |
2.39 |
16.15 |
2.98 |
20.14 |
|
Gasoil |
Litre |
0.82 |
0.06 |
7.32 |
0.07 |
8.54 |
|
Kerosene |
Litre |
0.79 |
0.05 |
6.33 |
0.07 |
8.86 |
|
Diesel |
Litre |
1.26 |
0.06 |
4.77 |
0.08 |
6.35 |
|
Petrol |
Litre |
1.21 |
0.05 |
4.14 |
0.07 |
5.79 |
|
LPG |
Litre |
0.85 |
0.03 |
3.53 |
0.04 |
4.71 |
|
Natural Gas (Standard) |
kWh |
0.05 |
0.004 |
8.00 |
0.005 |
10.00 |
Given that the precise design of the carbon tax is yet to be determined as well as other factors such as consumer behaviour, it is not possible to accurately predict the revenue. A lot obviously depends on the assumptions underpinning any anticipated yield. For the purpose of this exercise, it is assumed a carbon tax would apply to both commercial and non-commercial use of diesel, petrol, kerosene, gasoil and LPG. In relation to peat, coal and natural gas, consumption figures (SEI 2007) for the residential sector alone are used because the majority of commercial consumption of these commodities is used in the production of electricity which is covered by the ETS. Under these assumptions it is estimated that a carbon tax at the rates suggested could provide gross yields of approximately €430m and €560m per annum respectively.
National Partnership Agreement.
Richard Bruton
Question:124 Deputy Richard Bruton asked the Minister for Finance the extra cost in 2009 of paying the latest agreement on pay increase, of pay drift due to increments and grade movement, of the carryover of the last pay round, and of increased public service numbers taken on during the past year. [33191/08]
Based on current staffing and numbers, it is estimated that the cost of implementing the pay increases provided for in the draft Agreement will be approximately €260m in 2009. The additional cost of the carryover of the last pay round is approximately €360m. No increased provision will be made in the pay bill for increments.
Year-to-year increases in allocations would not normally be granted to allow for increments. In the normal way, the overall cost of increments for some staff on incremental scales should be offset by reductions in cost arising from retirements or other movements by staff on higher incremental points and their replacement by staff on lower points. It is not possible at this stage to provide a cost for 2009 of changes in public service numbers as this issue will be considered in the context of the Budget for 2009.
Tax Code.
Richard Bruton
Question:125 Deputy Richard Bruton asked the Minister for Finance the number of persons who paid part of their income at the top rate of income tax in 2007, in 2008 and in 2009; and the percentage they constitute of all income tax payers. [33192/08]
I am advised by the Revenue Commissioners that the information requested by the Deputy is as follows in respect of the income tax years 2007, 2008 and 2009.
|
Tax year |
Exempt (Standard rate liability fully covered by credits or Age Exemption Limits) |
Marginal Band |
Paying tax at the standard rate (including those whose liability at the higher rate is fully offset by credits) |
Higher rate Liability not fully offset by credits |
All Cases |
||||
|
Number |
% |
Number |
% |
Number |
% |
Number |
% |
||
|
2007 |
900,100 |
38.2 |
18,400 |
0.8 |
980,200 |
41.6 |
458,400 |
19.5 |
2,357,200 |
|
2008 |
898,200 |
38.0 |
18,700 |
0.8 |
982,800 |
41.5 |
466,100 |
19.7 |
2,365,800 |
|
2009 PreBudget |
851,200 |
36.0 |
20,300 |
0.9 |
977,300 |
41.4 |
513,300 |
21.7 |
2,362,200 |
Because of the operation of tax credits, many taxpayers who are nominally liable at the higher rate of tax pay tax at no more than the standard rate of tax. This is due to their higher rate liability for tax being fully offset by the value of their personal credits, as explained in pages C23 to C28 of the 2007 Budget booklet. The above data allows for this effect.
What matters to earners is the amount of their earnings that they keep in their pockets. For all income earners, whether single or married, the position is that their take home pay has increased very significantly in real terms over the last number of years. Notes. The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2005 adjusted as necessary for income and employment growth for the years in question. They are therefore provisional and likely to be revised. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit. Figures in the table are rounded to the nearest hundred and any apparent discrepancies in totals are due to this.
Tax Yield.
Richard Bruton
Question:126 Deputy Richard Bruton asked the Minister for Finance his estimate of the aggregate tax revenue raised in 2007 and in 2008 from the construction sector, from the motoring sector and from alcoholic drinks. [33193/08]
I am informed by the Revenue Commissioners that, as the information furnished on tax returns does not generally require the yield from a particular sector or sub-sector of economic activity to be identified, the precise figures of net yield of tax revenues from the construction industry cannot be readily identified. Information in relation to VAT, Income Tax and Corporation Tax can, however, be provided as to the estimated gross amounts of taxes paid (i.e. before allowing for repayments) by taxpayers in the construction industry.
The gross yield of VAT (not including VAT on imports), PAYE/PRSI, Income tax non-PAYE and Corporation tax from taxpayers in the construction industry within the tax head is estimated as follows for 2007:
|
Tax head |
2007 |
|
€m |
|
|
VAT |
3,043 |
|
PAYE/PRSI |
2,610 |
|
Income Tax non-PAYE |
445 |
|
Corporation Tax |
582 |
Data on these taxes for 2008 is not available at this stage.
It should be noted that the estimated gross yields from the construction industry provided include the yield from activities and businesses which are related, either in whole or in part, to the construction sector. An example of these would be architecture, engineering and the manufacture of products used in construction, but not real estate activities.
The breakdown of yield from Stamp Duty on residential and non-residential property for the year 2007 and 2008 to date is set out in the following table:
|
Year |
Residential Property |
Non-Residential Property |
|
€m |
€m |
|
|
2007 |
1,018 |
1,363 |
|
2008 (to 31st July)* |
307 |
439 |
* Provisional.
I am also informed by the Revenue Commissioners that the amounts of tax revenue collected from the motoring sector for the year 2007 and to August 2008 refers to VRT on cars and other vehicles, Mineral Oil Tax on petrol and diesel together with the estimated Value Added Tax on motor vehicles, repairs to motor vehicles and VAT on road tolls. The tax revenue from the motoring sector is shown in the following Appendix A.
The VAT yield from Oil Products and Motor Vehicles is estimated, as the information to be furnished on VAT returns does not require the yield from a particular sector or sub-sector of trade to be identified. The figures provided in this reply for the VAT yield in 2008 are estimates of the amount of VAT yield that would be generated by the volume of clearances of oil products and the number of cars registered for VRT purposes up to the end of the period in question. Depending on the nature of the registration status of a trader, VAT returns can be made monthly, bi-monthly, quarterly, half yearly or annually and this will dictate the point in time when VAT on sales will actually be paid. It should also be noted that the VAT content of purchases of Auto Diesel is a deductible credit for business in the Irish VAT system.
In relation to tax revenue from motor insurance, a Stamp Duty levy is charged on most non-life insurance premiums, including motor insurance, but it is not possible to distinguish between the different types of insurance business within the yield from that levy.
The amount of tax revenue collected from alcoholic drinks refers to Alcohol Products Tax and estimated VAT on Beer, Spirits, Wine and Cider. The figures provided in this reply for the VAT yield in 2008 are estimates of the amount of VAT yield that would be generated by the volume of clearances of alcohol products up to the end of the period in question. The tax revenue from alcoholic drinks is shown in the following Appendix B.
|
Mineral Oil Tax |
||
|---|---|---|
|
2007 Provisional |
2008 (Jan to Aug.) Provisional |
|
|
€m |
€m |
|
|
Petrol |
1,051.3 |
724.6 |
|
Auto Diesel |
1,075.8 |
738.2 |
|
Total |
2,127.1 |
1,462.8 |
|
2007 Provisional |
2008 (Jan to Aug.) Provisional |
|
|
€m |
€m |
|
|
Cars |
1,376.4 |
980.2 |
|
Other Vehicles |
29.6 |
21.0 |
|
Total |
1,406.0 |
1,001.2 |
|
2007 Est. |
2008 (Jan to Aug.) Est. |
|
|
€m |
€m |
|
|
Petrol |
465 |
352 |
|
Auto Diesel |
57 |
46 |
|
Motor Vehicles |
657 |
514 |
|
Car Repairs |
73 |
49 |
|
Road Tolls |
17 |
12 |
|
Total |
1,269 |
973 |
|
2007 Provisional |
2008 (Jan to Aug.) Provisional |
|
|
€m |
€m |
|
|
Beer |
464.8 |
281.8 |
|
Spirits |
367.6 |
203.1 |
|
Wine |
230.2 |
136.8 |
|
Cider |
68.3 |
41.1 |
|
Total |
1,130.9 |
662.8 |
|
2007 Est. |
2008 (Jan to Aug.) Est. |
|
|
€m |
€m |
|
|
Beer |
553.5 |
355.0 |
|
Spirits |
270.3 |
156.0 |
|
Wine |
190.0 |
112.0 |
|
Cider |
119.8 |
74.0 |
|
Total |
1,133.5 |
697.3 |
Health Service Allowances.
Richard Bruton
Question:127 Deputy Richard Bruton asked the Minister for Health and Children the value of and the basis of assessment for domiciliary care allowance and associated respite grant; and if conditions apply restricting the right of parents to work outside the home. [33204/08]
Domiciliary Care Allowance (DCA) is a monthly allowance administered by the Health Service Executive (HSE). Eligible children from birth to the age of 16 who are living at home and who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age, may qualify for DCA. The condition must be likely to last for at least one year. The current Domiciliary Care Allowance rate is €299.60 per month.
Eligible persons for the Respite Care Grant payable by the HSE, are those who are receiving Domiciliary Care Allowance on the first Thursday in June each year or those who subsequently qualify for DCA and who are paid DCA retrospectively for the period covering the first Thursday in June of the relevant year. Payment of the grant is automatic, application is not required. The Respite Care Grant is not payable in respect of DCA pro-rata recipients unless the child has spent at least six months, in total, of the previous 12 month period at home with his or her family. The current value of the Respite Care Grant per annum is €1,700 for one child and €3,400 for two or more children.
The administration of the Domiciliary Care Allowance and the associated Respite Grant falls within the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to provide further clarification directly to the Deputy on the issues raised.
Nursing Homes Repayment Scheme.
Michael Ring
Question:128 Deputy Michael Ring asked the Minister for Health and Children the companies working on behalf of her Department in the administration of the health repayment scheme; the payments made to each company, on an annual basis, since the scheme was introduced; if this work was put out to tender; the way these companies were appointed; the reason it was deemed necessary for this work to be outsourced; and if she will make a statement on the matter. [33010/08]
The Health Service Executive (HSE) has responsibility for administering the health repayment scheme in conjunction with the appointed scheme administrator K.P.M.G. and McCann Fitzgerald. The HSE has advised my Department that the repayment scheme was publicly advertised and tendered for in accordance with EU procurement regulations. The HSE has advised that the reason it was deemed necessary for the work to be outsourced was to secure the most economically advantageous business solution for the HSE. The HSE has advised that the following payments were made to the Scheme Administrator since the scheme was introduced:
2006 — €1.118m, 2007 — €2.274m, 2008 — €7.755m, Total — €11.147m.
Hospital Staff.
Deirdre Clune
Question:129 Deputy Deirdre Clune asked the Minister for Health and Children her plans to increase the number of orthopaedic surgeons and the subsequent theatre space that would be required in the Cork area; and if she will make a statement on the matter. [33019/08]
Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Health Services.
Finian McGrath
Question:130 Deputy Finian McGrath asked the Minister for Health and Children if an intervention will be made in the case of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [33020/08]
Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Finian McGrath
Question:131 Deputy Finian McGrath asked the Minister for Health and Children if she will support the issues raised in correspondence from persons (details supplied) in County Meath. [33022/08]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Finian McGrath
Question:132 Deputy Finian McGrath asked the Minister for Health and Children if she will support the issues outlined in correspondence (details supplied). [33023/08]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
Hospital Waiting Lists.
Michael Ring
Question:133 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be provided with a hospital bed in Galway. [33039/08]
Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Health Services.
Jack Wall
Question:134 Deputy Jack Wall asked the Minister for Health and Children the position regarding the provision of a personal assistant for persons (details supplied) in County Kildare; and if she will make a statement on the matter. [33045/08]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
P. J. Sheehan
Question:135 Deputy P. J. Sheehan asked the Minister for Health and Children if she will ensure that funding is made available for a personal assistant in respect of a person (details supplied) in Dublin 12; and if she will make a statement on the matter. [33067/08]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
Water Supply Contamination.
Joanna Tuffy
Question:136 Deputy Joanna Tuffy asked the Minister for Health and Children the position regarding steps taken in response to the discovery of higher than recommended levels of lead in water supplies in Galway city in September 2008. [33079/08]
Following a recent tap water survey in Galway City, elevated levels of lead were found in a number of houses. Public health advises have been issued to residents and food business operators in Galway City. The HSE also advised residents in households where elevated lead levels in tap water have been recorded to have their blood lead levels checked. The HSE received results of blood lead levels in respect of the 35 people tested on the 29 September 2008 and I have been advised that, as the test results are within the normal range, none of those tested have any evidence of lead toxicity.
A programme of work has been agreed between Galway City Council, the HSE and the Environmental Protection Agency including the adjustment of the pH of the water, so as to reduce the interaction between the water and the lead pipes over the coming weeks, and the carrying out of the necessary works to replace the lead pipe distribution network thereafter.
Health Services.
Ned O'Keeffe
Question:137 Deputy Edward O’Keeffe asked the Minister for Health and Children when payment of arrears will issue to a person (details supplied) in County Cork. [33081/08]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
Catherine Byrne
Question:138 Deputy Catherine Byrne asked the Minister for Health and Children the number of cocaine treatment clinics operating here; the location of each; the budget for each in 2008; the number of staff employed in each clinic; the number of patients treated at each clinic; if new treatment clinics will open in Dublin and Cork in 2008; and if she will make a statement on the matter. [33084/08]
The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Joe Costello
Question:139 Deputy Joe Costello asked the Minister for Health and Children when a person (details supplied) in Dublin 1 will receive rehabilitation; and if she will make a statement on the matter. [33091/08]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
Hospital Waiting Lists.
Joe Costello
Question:140 Deputy Joe Costello asked the Minister for Health and Children if her attention has been drawn to the fact that a person (details supplied) in Dublin 1 is 18 months waiting for a hip replacement and that the patient does not have a date for the operation; and if she will make a statement on the matter. [33092/08]
Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Care of the Elderly.
Jan O'Sullivan
Question:141 Deputy Jan O’Sullivan asked the Minister for Health and Children if she will ensure that a home care package is provided for a person (details supplied) in County Dublin; and if she will make a statement on the matter. [33101/08]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Medical Aids and Appliances.
Michael Ring
Question:142 Deputy Michael Ring asked the Minister for Health and Children the reason the funding of an ART ASSIST machine to a person (details supplied) in County Mayo has ceased by the Health Service Executive; and if this funding will be restored. [33114/08]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Hospital Waiting Lists.
Fergus O'Dowd
Question:143 Deputy Fergus O’Dowd asked the Minister for Health and Children the number of people waiting for appointments for each speciality in each of the hospitals of Louth County Hospital, Dundalk, County Louth, Our Lady of Lourdes Hospital, Drogheda, County Louth and Our Lady’s Hospital, Navan, County Meath; the average and longest waiting time for appointments; and if she will make a statement on the matter. [33121/08]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matters investigated and to have a reply issued directly to the Deputy.
Health Services.
Brian O'Shea
Question:144 Deputy Brian O’Shea asked the Minister for Health and Children if she is satisfied with the proposed timeframe and targets for the national diabetic retinopathy detection programme (details supplied); and if she will make a statement on the matter. [33125/08]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Hospital Services.
Paul Kehoe
Question:145 Deputy Paul Kehoe asked the Minister for Health and Children the resources that have been committed to the new Alzheimer’s and hospice unit at St. Ita’s Hospital in Newcastle West; the staffing levels that have been sanctioned for these units; when staff will be appointed to these units; and if she will make a statement on the matter. [33130/08]
Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Health Services.
Aengus Ó Snodaigh
Question:146 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason for the delay in the provision of orthodontic treatment in respect of a person (details supplied) in Dublin 8. [33131/08]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Aengus Ó Snodaigh
Question:147 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason some children and teenagers have to wait for longer periods for orthodontic treatment depending on their address; if consideration has been given to a single list once a child has waited for more than six months or so; and if she will make a statement on the matter. [33132/08]
Aengus Ó Snodaigh
Question:148 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the steps she has taken and will take to address the public waiting list for orthodontic treatment in the past five years; and if she will make a statement on the matter. [33133/08]
Aengus Ó Snodaigh
Question:150 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that the list for orthodontic treatment in St. James’s Hospital is longer now than it was four years ago; the length of the waiting lists for orthodontic treatment for each year in the past five years for each of the centres providing public orthodontic treatments. [33135/08]
I propose to take Questions Nos. 147, 148 and 150 together.
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Aengus Ó Snodaigh
Question:149 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that delays in treating orthodontic problems in children and early teens can have serious medical consequences in later years, can exacerbate the problem, can make it more difficult to remedy the problem and can affect the self-esteem of children and teenagers, leading to low self-esteem, suicidal thoughts and being the targets of bullies. [33134/08]
The Deputy's question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Question No. 150 answered with Question No. 147.
Hospital Waiting Lists.
Frank Feighan
Question:151 Deputy Frank Feighan asked the Minister for Health and Children when it is envisaged a person (details supplied) in County Leitrim will be given a hospital appointment for surgery. [33163/08]
Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy. Patients waiting more than three months on a surgical waiting list may qualify for treatment under the National Treatment Purchase Fund. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.
Health Levy.
Richard Bruton
Question:152 Deputy Richard Bruton asked the Minister for Health and Children the revenue expected to be raised from the health levy in 2007, 2008 and 2009. [33188/08]
The Health Contribution was introduced by virtue of the Health Contributions Act 1979 and came into effect on the 6th April of that year. The contributions are levied on income at a percentage rate set in pursuance of the Health Contributions Act and are paid over to the Minister for Health and Children in respect of the Vote for the Health Service Executive.
An amount of €1,298,199,252 was received in Appropriations-in-Aid by the Health Service Executive in respect of Health Contributions for 2007. An amount of €1,330,000,000 is estimated as Appropriations-in-Aid in respect of Health Contributions for 2008 in the Revised Estimates for Public Services for 2008. The estimate of receipts in respect of the Health Contributions in 2009 will be finalised in the context of the forthcoming Budget.
Nursing Home Subventions.
Richard Bruton
Question:153 Deputy Richard Bruton asked the Minister for Health and Children the improvements she is making in the nursing home subvention to which extra money was allocated in July 2008; the value of the maximum standard weekly subvention; the general income eligibility threshold which applies; the maximum value of enhanced subvention; the income eligibility thresholds for receiving enhanced subvention which are to be applied until the fair deal comes into force; and if this system of subvention will remain an option after the fair deal is put in place. [33195/08]
The existing subvention scheme is governed by the Health (Nursing Homes) (Amendment) Act 2007. Under the Act, the maximum amount for basic subvention is €300 per week. The Act also provides for enhanced subvention to be paid. However, there is no maximum amount set for enhanced subvention. The amount paid is at the discretion of the HSE. It varies according to the cost of care and is subject to the HSE's resources.
In order to qualify for a subvention, an individual must be: a) sufficiently dependent to require maintenance in a nursing home, and b) unable to pay any or part of the cost of maintenance in the home. In order to determine this, they must undergo a means assessment which takes account of their income and assets.
In an improvement to the scheme in 2007, a person's principal private residence is now excluded from the means assessment after three years. The 2007 Act provides that the HSE may, at its discretion, refuse to pay subvention where: a) the applicant's assets exceed €36,000, b) the applicant's principal residence is valued at over €500,000 (where the property is in the Dublin area) or over €365,000 (where the property is outside of the Dublin area) and the principal residence is not occupied by the applicant's spouse or certain relatives who satisfy the conditions set out in the Act and the applicant's annual income is not less than €10,400, or c) the applicant does not fall within a) or b) but has an annual income in excess of €36,000.
However, the HSE's National Guidelines for the Standardised Implementation of the Nursing Home Subvention Scheme stipulate that no application should be refused solely on the grounds of the house value alone but that relevant applications should be processed in full, an income imputed as per the guidelines and if appropriate refused on basis of excess means.
The subvention scheme will continue to operate pending the commencement of the new Nursing Homes Support Scheme, A Fair Deal. In July 2008, approval was given to HSE to utilise a further €12 million in meeting costs associated with nursing home subventions and existing contract beds. Once the new scheme is introduced, people in approved nursing homes will be able to apply for the new scheme or can remain on their existing subvention payment should they so wish. However, no new applications for subvention may be made after the introduction of the Fair Deal.
Medical Cards.
Richard Bruton
Question:154 Deputy Richard Bruton asked the Minister for Health and Children the income thresholds and eligibility terms for medical card and general practitioner services cards which apply; the index used for updating the elements of the scheme from year to year; the date from which revisions come into effect; if a wider review of the terms of eligibility has been conducted; and the recommendations for changes which have been made. [33196/08]
The assessment guidelines used by the Health Service Executive (HSE) in respect of applications for medical cards and GP visit cards are subject to review by the Executive and my Department from time to time, having regard to the need to ensure that persons intended to benefit under these arrangements can do so. Such reviews have regard to factors such as changes in income levels generally, the nature of typical household outgoings and also changes which may be made to the various social welfare schemes.
In recent years there have been significant improvements to the way in which people's eligibility for medical cards and GP visit cards is assessed. Since the beginning of 2005, the qualification guidelines have increased by a cumulative 29% (7.5% and 20% in January and October 2005 respectively). Assessment is now based on a person's and, where relevant, his/her spouse's income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to work. In June 2006, there was a further increase in the qualification threshold for the GP visit card to 50% above that for a medical card. Furthermore, under the assessment guidelines, persons whose weekly incomes are derived solely from Department of Social and Family Affairs payments or HSE payments, even if these exceed the stated threshold, qualify for a medical card.
In conjunction with the development of a new legislative framework to provide for clear statutory provision on eligibility for health and personal social services, my Department is currently reviewing the assessment criteria for medical cards in the context of financial, medical and social need in line with the commitment in Towards 2016. A Steering Group has been established to undertake this review and is expected to complete its work and report to me within the next few months. I will then consider how best to progress the commitments in the Programme for Government in relation to medical card eligibility.
I attach a table for the Deputy which gives details of the current Medical Card and GP Visit Card income guidelines.
|
Medical Card |
GP Visit Card |
|
|
Single Person Living Alone |
||
|
Aged up to 65 years |
184.00 |
276.00 |
|
Aged between 66-69 years |
201.50 |
302.00 |
|
Single Person Living with Family |
||
|
Aged up to 65 years |
164.00 |
246.00 |
|
Aged between 66-69 years |
173.50 |
260.00 |
|
Married couple/Single Parent Families with dependent children |
||
|
Aged up to 65 years |
266.50 |
400.00 |
|
With 1 Child |
304.50 |
457.00 |
|
With 2 Children |
342.50 |
514.00 |
|
With 3 Children |
383.50 |
575.00 |
|
With 4 Children |
424.50 |
637.00 |
Nursing Home Subventions.
Richard Bruton
Question:155 Deputy Richard Bruton asked the Minister for Health and Children if changes in the general terms of the fair deal scheme as issued in 2007 are envisaged as a result of the detailed work that has had to be undertaken in the past few months; and the changes that are to be made. [33197/08]
Both the Minister for Health and Children and I are fully committed to introducing the new Nursing Homes Support Scheme in 2009. The Minister expects to publish the Bill within the next two weeks or so and to bring it before the Houses of the Oireachtas for debate in this Dáil session. The legislation required in order to introduce the Scheme is complex and has involved careful drafting in order to ensure that the interests of older people requiring residential care are fully protected. However, despite the delay, the principles of the scheme remain the same as originally announced.
Care of the Elderly.
Richard Bruton
Question:156 Deputy Richard Bruton asked the Minister for Health and Children if she has set eligibility terms to be followed by the Health Service Executive in providing access to a home care package; and the terms being applied. [33198/08]
Home Care Packages form a key component of the Government's strategy of supporting older people to live at home and in their communities for as long as possible. Home Care Packages are an additional support over and above mainstream community services and are designed to enhance rather than replace existing home support services.
The Initiative was formally introduced by the Government in 2006, taking account of a proposal of the Report of the Long-Term Care Working Group to develop non-residential supports for older people. The Home Care Package Initiative was introduced on an administrative basis and the delivery of packages is intended to be flexible and responsive to the needs of individuals. Referrals for HCPs can be made by an individual, by his or her representative or a range or health care professionals. A package may be provided following assessment by the Health Service Executive of a person's individual needs and means. The Executive prioritise those at-risk of admission to long-term care or inappropriate admission to acute hospital.
My Department recently advertised for an independent evaluation by consultants of the Home Care Package Initiative, which is expected to be completed early in 2009. It is intended that this Evaluation will make an important contribution towards future policy and service development for home care services for older people.
Services for People with Disabilities.
Richard Bruton
Question:157 Deputy Richard Bruton asked the Minister for Health and Children the value of mobility allowance and of grants towards a car adapted for a person with a significant mobility disablement. [33199/08]
A Mobility Allowance is payable by the Health Service Executive, subject to a means test, to persons with a severe disability. Applicants must be 16 years or older and under 66 years. The allowance provides financial support to eligible people who are unable to walk or use public transport and is intended to enable them to benefit from a change in surroundings — for example, by financing the occasional taxi journey. From 1st January 2008 the maximum rate of Mobility Allowance is €202 per month.
The HSE may pay a Motorised Transport Grant towards the purchase of a vehicle and/or adaptations to a vehicle being purchased by a person with a severe disability who is 17 years or older where a vehicle is essential for him or her to retain employment. From 1st January 2008 the maximum personal rate is €5,020.50.
Health Services.
Noel Coonan
Question:158 Deputy Noel J. Coonan asked the Minister for Health and Children the number of people in north Tipperary awaiting speech and language therapy services including those awaiting assessment and those awaiting therapy; the number of speech and language therapists in this area; and if she will make a statement on the matter. [33264/08]
The Deputy's question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
Question No. 159 answered with Question No. 18.
Liquor Licensing Laws.
Richard Bruton
Question:160 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if the incidents of nuisance behaviour associated with drink have reduced following the introduction of the new rules restricting access to alcohol, particularly access to off licence sales after 10.00 p.m.; and if he will make a statement on the matter. [33008/08]
The Intoxicating Liquor Act 2008 came into effect on 30 July, 2008. The Act introduced new prohibited hours for off-licences and new conditions for the issuing of off-licences and theatre licences. It also made theatre licences subject to the prohibited hours provisions for the sale and consumption of alcohol. Provision was also made to seize alcohol and to issue fixed charge notices for certain offences under to the Criminal Justice (Public Order) Act 1994.
I am informed by the Garda authorities that a partnership approach is utilised by local Garda management with the various stakeholders in the licensing trade, including licensees, local authorities, fast-food outlets, public transport providers, including the taxi industry and MEAS (Mature Enjoyment of Alcohol in Society), as well as local community groups and schools so as to ensure a sensible and lawful approach to the sale, supply and consumption of alcohol.
The reality is that in any criminal justice system it takes time for changes which are made in the law to have full effect in practice. However, I am informed by the Garda authorities that preliminary indications are that there has already been a reduction in the number of assaults in the Dublin Metropolitan Region since the Act came into force, compared with the same periods in 2007 and 2006, and a reduction in the number of incidents of drunkenness throughout the country compared with the same period in 2007.
I am confident that the restrictions on the availability and visibility of alcohol provided for in the Act, along with the provisions for more effective enforcement to deal with the consequences of alcohol abuse in particular anti-social behaviour, will contribute to bringing about more responsible behaviour on the part of those concerned.
Visa Applications.
Finian McGrath
Question:161 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the status of an appeal by a person (details supplied) in County Sligo. [33021/08]
I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in April 2005. A decision issued to the person in question in October 2006. An appeal against the decision was subsequently received from the representative of the person in question and documentation submitted by them was referred to the Garda authorities for examination. A report has been received from An Garda Síochána in January 2008 and the person in question will be contacted shortly by the Family Reunification section of my Department.
Programme Refugees.
John O'Mahony
Question:162 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform if he will help to allay the fears of a town (details supplied) in County Mayo; and if he will make a statement on the matter. [33033/08]
Michael Ring
Question:173 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if a group of people (details supplied) are being relocated to a town in County Mayo; if so, the discussions that have taken place with the local community in this regard; and if he will make a statement on the matter. [33157/08]
Michael Ring
Question:174 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the facilities available for a group (details supplied) that is being relocated to County Mayo; the locations where these people will be staying; and if he will make a statement on the matter. [33158/08]
Michael Ring
Question:175 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if he will provide details of the group of people (details supplied) that it is proposed to relocate to County Mayo; and if he will make a statement on the matter. [33159/08]
I propose to take Questions Nos. 162, 173, 174 and 175 together.
I would like to thank Deputy O' Mahony and Deputy Ring for raising these matters and for giving me the opportunity to clarify the position and to correct the statements made recently about these matters. These questions arise from an item on local radio in which it was alleged that persons currently being selected for resettlement in Ireland consisted of 100 disturbed, teenage, multiple killers and that we were freeing them from Government detention centres in order to resettle them in Ireland. It was alleged that these people were, since the ages of 8 or 9 years, programmed and trained to kill and that they would disrupt the whole system because they were disturbed and dangerous teenagers.
These are appalling and baseless allegations. The facts concerning the persons currently being selected for resettlement here by my Office with the assistance of the Garda National Immigration Bureau are as follows.
Nine families, consisting of 84 individuals, have been interviewed. The age range of the adults, numbering 29, is 18 to 68 years. The remainder, numbering 55, are children. Of these, 30 were born and raised within the refugee camps. The average time the families have been in the camps is 11 years. The families concerned are mainly persons with some type of medical need. The persons being selected for relocation are under the care of the UNHCR and the selection procedure being followed on this occasion was the same as that applied in previous instances i.e. UNHCR involvement, interview by officials and a member of the Garda National Immigration Bureau. It is grossly unfair to stigmatise a vulnerable group of people in this way and the fact that these allegations were broadcast calls into question the responsibility of all concerned.
I want to add that the person who was interviewed on radio in this connection was not present in the camps when my party was there or otherwise in the course of the selection process. As was the case with other groups of programme refugees who came to Ireland, those selected will be initially accommodated at the National Orientation and Training Centre for Programme Refugees. They will receive health screening on arrival and a cultural orientation programme on a range of topics such as household and money management, law and order, child welfare, the education system, how to access services and so on, all of which are designed to prepare them for independent living. Children attend a separate programme course to support their socialisation and to prepare them for entry into mainstream education. These programmes were developed following consultation with previously resettled refugees and service providers. On completion of the eight week orientation programme, the resettled refugees will transfer to other parts of the country for permanent resettlement. They are not being settled permanently in Co. Mayo.
My Office has good relations with the local community in Ballyhaunis where the Orientation Centre for Programme Refugees is located and I must question the bona fides of anyone who would seek to undermine this. The Orientation Centre could not function as successfully as it has to date without the support of the local community in Ballyhaunis and support organisations in Mayo. I am happy to express my thanks in this regard for the support received.
The Irish people have a proud tradition of responding in a humanitarian manner to those in need of our support and assistance, and the good work of our non-governmental organisations is internationally recognised. It is an area I am familiar with from my work as Minister of State in the Department of Foreign Affairs. Over the years we have a history of accepting refugees fleeing from persecution — a policy members on all sides of this House and successive Irish Governments have endorsed and encouraged. Any change in this policy is not under consideration.
Equal Status Acts.
Jack Wall
Question:163 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform his views in relation to a submission (details supplied); the action he will take to have the matter addressed; and if he will make a statement on the matter. [33047/08]
The Equal Status Acts 2000 to 2008 prohibit discrimination on nine grounds including the disability ground. A person selling goods or providing services must do all that is reasonable to accommodate the needs of a person with a disability. They also lay down procedures which must be followed when making a claim of discrimination.
Immigration Procedures.
Caoimhghín Ó Caoláin
Question:164 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the written protocol or guidelines that officers of the Garda National Immigration Bureau operate from when discharging their duties at ports of entry and when registering foreign nationals. [33056/08]
In fulfilling immigration related duties members of An Garda Síochána enforce the current body of Immigration legislation, which is contained in a number of pieces of legislation, both primary and secondary, including:
Aliens Act, 1935,
Aliens Order 1946 (substantially amended by subsequent orders),
Immigration Act, 1999,
Illegal Immigrants (Trafficking) Act, 2000,
Immigration Act, 2003,
Immigration Act, 2004.
Section 3 of Immigration Act 2004, provides that the Minister for Justice, Equality & Law Reform may appoint persons as Immigration Officers to perform the functions conferred on them by the Act. All immigration officers at points of entry are members of An Garda Síochána. Section 4 of Immigration Act, 2004 provides that an Immigration Officer may on behalf of the said Minister, give to a non-national a document, or place on his or her passport or other equivalent document an inscription, authorizing the non-national to land or be in the State (referred to in the Act of 2004 as "a permission"). A permission under section 4 of the Act of 2004 may be renewed or varied by the said Minister, or by an Immigration Officer on his or her behalf, on application therefor by a non-national concerned.
Section 9 of The Immigration Act, 2004 requires that a register of non-nationals who have permission to be in the State shall be established and maintained by Registration Officers in such manner as the Minister may direct. The section places an obligation on non-nationals to register in the registration district within which he/she resides. A Registration Officer means the officer in charge of the Garda National Immigration Bureau in the Dublin Metropolitan Area or the Superintendent of the Garda Síochána in a Garda Síochána District outside that Area.
Members of the Garda Síochána are also subject to the Garda Síochána Code, which provides standard operating processes and procedures for members of the Garda Síochána, members of its civilian support staff and student Gardaí.
Crime Prevention.
Tony Gregory
Question:165 Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 981 of 24 of September 2008, if a group (details supplied) was a splinter group of the IRA. [33069/08]
As indicated in my reply to Parliamentary Question No. 981 of 24 September 2008, the group to which the Deputy refers appears, from the information available, to have been in pursuit of a subversive agenda which was motivated as much by a militant, socialist and anti-establishment analysis as by purporting to advance any other agenda. It is in the nature of many subversive and criminal groups that the allegiances of their membership tend to be unstructured and motivated as much by self-interest as by any particular philosophical impetus. I have no information available to me to suggest that the group in question had any structured relationship to any other subversive or other organisation.
Garda Investigations.
Joe Costello
Question:166 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if progress has been made by the Garda in the case of the serious wounding of a person (details supplied) in County Louth; and if he will make a statement on the matter. [33093/08]
I am informed by the Garda authorities that a person was identified and arrested in connection with an assault on the person referred to by the Deputy. I am further informed that an investigation file was submitted to the Law Officers, and directions were received to prosecute the suspect for offences contrary to the Non-Fatal Offences Against the Persons Act 1997 and the Firearms and Offensive Weapons Act 1990. Summonses were subsequently issued for the suspect to appear at Dundalk District Court in December, 2007. However, Gardaí were unable to establish the whereabouts of the person. Enquiries are ongoing as to the current whereabouts of this person, including with the Police Service of Northern Ireland and UK police forces. Garda authorities will continue to liaise with the injured party.
Visa Applications.
Jan O'Sullivan
Question:167 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for family reunification by a person (details supplied) in County Limerick in view of a previous reply which indicated that such applications take up to 24 months and it is now 27 months since the application was made; and if he will make a statement on the matter. [33102/08]
I am informed by the Immigration Division of my Department that a decision on the Family Reunification application has recently issued to the person concerned.
Immigration Procedures.
Caoimhghín Ó Caoláin
Question:168 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of visa holders and non-visa required nationals refused entry or detained at Dublin Airport each year since 2004 to date in 2008. [33116/08]
Details of persons refused leave to land pursuant to the provisions of Immigration Act, 2004, at ports of entry to the State, in the years 2004, 2005, 2006, 2007 and 2008 (to the end of July) are set out in the following table. A breakdown distinguishing between those who were or were not in possession of a visa is not available. The figures provided detail the number of persons refused leave to land who were removed from the State and those who made application pursuant to Refugee Act, 1996 and were consequently permitted entry to the State.
|
Year |
No of persons removed |
No. of persons who made application for asylum |
Total |
|
2004 |
4,477 |
440 |
4,917 |
|
2005 |
4,433 |
460 |
4,893 |
|
2006 |
5,366 |
519 |
5,885 |
|
2007 |
5,854 |
477 |
6,331 |
|
2008 |
2,998 |
163 |
3,161 (to 31 July 2008) |
Residency Permits.
Willie Penrose
Question:169 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the position in relation to an application for long-term residency by a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [33119/08]
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 conditions may apply to my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants.
Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. An application for long term residence from the person referred to by the Deputy was received in December 2006. I understand that applications received in January 2007 are currently being dealt with, however there is also an application for Citizenship from the person referred to by the Deputy which is in the later stages. The application for long term residency is being held until a decision has been made in relation to the Citizenship application.
Citizenship Applications.
Willie Penrose
Question:170 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will expedite an application for naturalisation by a person (details supplied) in County Westmeath which was received in his Department in June 2004; and if he will make a statement on the matter. [33120/08]
I can inform the Deputy that I will be making a decision on this application in the coming weeks.
Fergus O'Dowd
Question:171 Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship for a person (details supplied) in County Louth; and if he will make a statement on the matter. [33122/08]
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 August 2008. Officials in that Section are currently processing applications received in May 2006. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The current processing time for applications for certificates of naturalisation is approximately 29 months.
Illegal Immigrants.
Leo Varadkar
Question:172 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if estimates have been made of the number of illegal immigrants here; and if he will make a statement on the matter. [33156/08]
An illegal immigrant is a person whose presence in the State is otherwise than in accordance with our immigration laws. Obviously the term covers persons who entered the State in breach of those laws — either covertly or using false documentation. However, it also covers persons who entered lawfully but remain beyond the duration of the permission given, or who, although required to adhere to certain conditions (e.g. prohibited from working), are in breach of those conditions.
It is difficult to quantify persons engaging in this type of illegal activity — as, by definition, such persons are motivated to ensure either that they remain hidden or at least to ensure that the illegal aspect of their presence in the State remains hidden. Their physical presence in the State is characterised by the absence of a permission or by the misuse of a permission which has been granted — matters which do not lend themselves easily to objective statistical analysis. As a result very few modern democratic countries are able to produce reliable statistics on the numbers of illegal immigrants who are present within their territories.
Persons in the State considered to be illegal immigrants, have come from a range of different circumstances, including:
1. failing to present to an Immigration Officer at the time of arrival in the State, for the purposes of seeking permission to enter and remain in the State;
2. obtaining a permission to enter the State by deception, through the production of bogus travel documents and/or the provision of false information;
3. having entered the State lawfully and being allowed to remain in this jurisdiction until a specified date, has remained in the State beyond that date;
4. having made application for refugee status and consequently been granted permission to enter the State, failed to comply with an Order to remove him/herself from State following rejection of such application.
An Garda Síochána has responsibility for conducting immigration controls at the frontiers of the State. However, fixed immigration controls conducted by Immigration Officers attached to An Garda Siochana at ports of entry, relate only to persons entering the State. As immigration controls are not undertaken at locations where people exit from the State, it is not possible to establish how many non-Irish nationals have remained in the State following expiration of a permission granted to enter and remain in Ireland for a specified period of time.
Persons illegally present in the State also include those in respect of whom Deportation Orders have issued, having had an application for refugee status refused and who have either not co-operated with removal or evaded deportation. While there is a high level of evasion by those subject to Deportation Orders, the actual execution of Orders is at a level comparable to other EU Member States. However, in regard to those evading, there are clear indications that a significant proportion have in fact left the State.
Questions Nos. 173 to 175, inclusive, answered with Question No. 162.
Residency Permits.
Bernard J. Durkan
Question:176 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for residency of a person (details supplied) in County Louth; and if he will make a statement on the matter. [33215/08]
I refer the Deputy to Parliamentary Question No. 210 of Thursday, 3 July 2008 and Question No. 230 of Thursday, 24 April 2008 and the written Replies to those Questions. The person concerned applied for asylum on 5 April 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 17 January 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned.
The person concerned also made an application for residency in the State on the basis of his being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations, 2006, a decision was made to refuse the application. The person concerned was notified of this decision by letter dated 21 August 2006. However, in light of the European Court of Justice ruling in the case of Metock and Others, this application is being reviewed. When this review has been completed, the person concerned will be notified in writing of the outcome. The Deputy might wish to note that any consideration of the case of the person concerned in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended) will be deferred until the review referred to has been completed.
Bernard J. Durkan
Question:177 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for residency of a person (details supplied) in County Louth; and if he will make a statement on the matter. [33216/08]
It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
Bernard J. Durkan
Question:178 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for residency of a person (details supplied) in County Meath; and if he will make a statement on the matter. [33217/08]
The person concerned applied for asylum on 3 January 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 29 June 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.
Bernard J. Durkan
Question:179 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for residency of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [33218/08]
The person concerned has been granted Leave to Remain in the State for the period to 17 September 2010. This decision was conveyed in writing to the person concerned by letter dated 17 September 2007.
Citizenship Applications.
Bernard J. Durkan
Question:180 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for citizenship or residency of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [33219/08]
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 2007. Officials in that Section are currently processing applications received in May 2006. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The current processing time for applications for certificates of naturalisation is approximately 29 months.
Visa Applications.
Bernard J. Durkan
Question:181 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for residency of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [33220/08]
I refer to my Replies to Parliamentary Questions No. 192 of 10 April 2008 and Parliamentary Question No. 188 of the 1st May 2008. The person referred to in the Deputy's Question was granted a C Visit Visa to enter the State for a period of three months for the purpose of a visit only, not to attend college in the State. An examination of the papers in relation to the case indicates that the person concerned sought an extension of her C Visit Visa with the Immigration Division of my Department and was refused.
A wrap-around information sheet accompanies every visa application form. That sheet makes it clear to the applicant that, in general, persons granted visas for particular purposes are not permitted to remain in the State for any purpose other than that for which the visa was granted. Every visa applicant is required to state on the application form the dates on which he or she proposes to enter and leave the State. He or she is also required to declare that the information supplied is correct and complete.
A C Visa is granted for visits of less than 90 days. As a consequence it is not the general policy to extend permission to remain to persons who are admitted initially for a period of 90 days or less on a C visit visa, save in very exceptional and unforeseen circumstances. The person concerned must leave and reapply from outside the State. Should she wish to return, she should include in her new visa application the purpose and duration of her intended stay.
Crime Levels.
Bernard J. Durkan
Question:182 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of persons accused of gun crime and currently on bail; and if he will make a statement on the matter. [33221/08]
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.
Proceeds of Crime.
Bernard J. Durkan
Question:183 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of cases in respect of which the Criminal Assets Bureau has seized goods or property in each of the past two years to date; the number of cases in respect of which proceedings have stalled or failed; and if he will make a statement on the matter. [33222/08]
I have been informed by the Garda Authorities that the following table shows the total number of cases in respect of which the Criminal Assets Bureau has sought and obtained Freezing Orders for goods or property under the relevant sections of the Proceeds of Crime legislation from 1st January, 2006 to date:
|
Number of Orders Granted Per Section/Year |
2006 |
2007 |
2008 (to date) |
Total |
|
Section 2 POCA |
7 |
16 |
19 |
42 |
|
Section 3 POCA |
9 |
8 |
9 |
26 |
|
Section 3(3) POCA |
— |
2 |
1 |
3 |
|
Section 4 POCA |
3 |
3 |
2 |
8 |
|
Section 4A POCA |
14 |
4 |
7 |
25 |
|
Section 7 POCA |
8 |
12 |
18 |
38 |
Some of these Orders include Freezing Orders for property alone; cash alone; or property and cash.
None of the above proceedings listed have stalled. It has been possible to determine some cases pursuant to a recent amendment of Section 4(a) of the Proceeds of Crime Act 1996 which permits the disposal of assets with the owners consent. Others however must wait the usual statutory period of 7 years before being finalised. To date only one case could be described as having failed. This relates to a case where a Section 2 (Freezing Order) was sought for a sum of €49,000 in cash. This Order was granted by the Court but was subsequently vacated by Order of the High Court two weeks later.
Criminal Prosecutions.
Bernard J. Durkan
Question:184 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prosecutions pending in respect of members of organised crime gangs; and if he will make a statement on the matter. [33223/08]
Bernard J. Durkan
Question:185 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of members of known criminal gangs convicted in the past 12 months to date; and if he will make a statement on the matter. [33225/08]
Bernard J. Durkan
Question:186 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of known members of organised criminal gangs currently on bail on foot of one or more previous offences; and if he will make a statement on the matter. [33226/08]
I propose to take Questions Nos. 184 to 186, inclusive, together.
I am informed that An Garda Síochána continues to actively pursue those suspected of engaging in criminal activities and to collect evidence against those suspected of having perpetrated crimes. When sufficient information is available a file is forwarded by the investigating officers to the Office of the Director of Public Prosecutions. This office is of course independent and determines the most appropriate course of action to be taken in each case based on the individual circumstances relating to each case.
The nature of criminal gangs is such that they are not static in nature. Criminal associations may be formed in order to carry out particular crimes with those associations ending once specific crimes have been completed. As such it is not possible to permanently associate individuals with particular groups. The identification of offenders as a member of a criminal gang is not an essential criterion in the prosecution of offenders. Organised criminal gangs operating in this jurisdiction are being targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated.
An Garda Síochána utilises all available intelligence in the strategic deployment of both local and specialised operational Garda units to target particular gangs and to ensure that effective, intelligence-led policing initiatives are put in place at the most appropriate times to disrupt criminal activities to the maximum extent possible. Where an individual is brought before the Courts and the subject of bail is being considered, An Garda Síochána may oppose the granting of bail where there is a belief that the person concerned may not turn up for trial, interfere with potential witnesses or may engage in criminal activities while on bail. The Courts will take the opinion of the Gardaí into consideration when forming a final decision on whether to grant bail or not.
Organised Crime, including persons suspected of involvement in drug-trafficking, importation, sale and supply, is being targeted on a number of fronts, involving uniform and plain-clothes Gardaí overtly and covertly disrupting known criminals in the course of criminal activities. Members, their operating methods, criminal interests and financial assets are likewise proactively targeted and intelligence-led operations.
The Garda Commissioner's Policing Plan 2008 sets out strategic goals including a commitment to significantly reduce the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in the trafficking of illegal drugs, guns and immigrants into and within the State. Witness intimidation and the laundering of money are integral parts of these Organised Criminal Groups activities and will be targeted as part of the overall strategy against these groups.
Measures have been put in place to deal with serious crime. These include Operation Anvil, an intelligence-led operation which has been used to target specific individuals. This operation commenced in May 2005 in the Dublin Metropolitan Region and was extended country-wide in 2006. The primary focus of Operation ‘Anvil' is the disruption of serious and organised criminal activity. In this regard Operation Anvil consists of intelligence-led targeted operations on the one hand and an increased overt visible Garda presence on the other. The Garda Commissioner has publicly re-affirmed his absolute commitment to the objectives of Operation ‘Anvil', which is but one tool used by members of An Garda Síochána in endeavouring to combat crime.
Multi-agency approaches have been and continue to be used where all of the National Units from National Support Services i.e. National Bureau of Criminal Investigation, Criminal Assets Bureau, Garda Bureau of Fraud Investigation (Money Laundering) and the Garda Technical Bureau, are used to combat serious crime. These Units are also supported by the Security and Intelligence Section who assist with intelligence briefings and timely information. The Emergency Response Unit has also been deployed in the areas where there is a propensity to use firearms.
I can assure the Deputy that An Garda Síochána, through the coordinated activities of its specialist, national and local units maintains comprehensive information on the activities and associations of those believed to be involved in crime.
Residency Permits.
Bernard J. Durkan
Question:187 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for family reunification of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [33227/08]
I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification in April 2008. This application has been forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When the investigation has been completed, the Commissioner will prepare and forward his report to my Department. Upon receipt of the report the application will be considered and a decision will issue in due course.
Bernard J. Durkan
Question:188 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for residency of a person (details supplied) in County Louth; and if he will make a statement on the matter. [33228/08]
The person concerned arrived in the State on 1 May 2002 and claimed asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. The person was informed by letter dated 12 June 2003 that the Minister proposed to make a Deportation Order in respect of him and afforded him three options in accordance with Section 3(3)(b)(ii) of the Immigration Act 1999, as amended — to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State i.e. why he should not be deported.
His case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, on the Prohibition of Refoulement. Consideration was given to all representations submitted on his behalf for permission to remain temporarily in the State. On 27 July 2004, the then Minister refused the person permission to remain temporarily in the State and instead signed a deportation order in respect of him. A notice of this order dated 12 January 2005 was served by registered post requiring the person to present himself at the Garda National Immigration Bureau on Thursday, 27 January 2005, to make travel arrangements for his deportation from the State. He presented as required and was given further presentation dates which he kept. He is due to present again shortly.
On 26 January 2005, the person instituted judicial review proceedings challenging the decision of the then Minister to deport him. The application was refused in the High Court by supplemental judgment dated 7 October 2005. An application pursuant to section 3(11) of the Immigration Act, 1999, as amended, seeking the revocation of the deportation order of the person was made by his legal representative by letter dated 1 September 2005. Following consideration of the information submitted, the deportation order was affirmed and the person was notified of this decision by letter dated 10 May 2007. Judicial Review proceedings were again instituted on 23 March 2007 by the person. The case was settled on 18 February 2008 and the terms of the settlement were complied with.
The outcome of the settlement was that person was afforded an opportunity to make an application seeking the exercise of ministerial discretion pursuant to regulation 4(2) of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006, which came into effect on 10 October 2006. The application was refused citing lack of grounds and this decision was notified to the person by letter dated 13 March 2008. The effect of the deportation order is that the person must leave the State and remain thereafter out of the State. I am satisfied that the applications made on behalf of the person for asylum and temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport is justified. The enforcement of the deportation order is an operational matter for the Garda National Immigration Bureau.
Citizenship Applications.
Bernard J. Durkan
Question:189 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in the case of the application for citizenship of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [33229/08]
An application for a certificate of naturalisation from the individual referred to in the Deputy's question was received in the citizenship section of my Department in March 2004. Officials in that section inform me that the processing of the application has commenced and the file will be forwarded to me for a decision in the coming months.
Departmental Correspondence.
Bernard J. Durkan
Question:190 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when updated travel documentation will issue in the name of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [33230/08]
An application for a Travel Document on behalf of the person in question was received in my Department in February 2008. A letter was issued from the Immigration Division of my Department on 18 February requesting further documentation from the applicant to proceed further with his application. No reply was received to this request. On 22 July 2008, the Immigration Division wrote to the applicant at his last recorded address advising that due to the lack of relevant information, his application was deemed abandoned. The documentation supplied with the original application was also returned on that date. There is no record of any further correspondence from the applicant since then.
Residency Permits.
Bernard J. Durkan
Question:191 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status of the application for residency of a person (details supplied) in County Cork; and if he will make a statement on the matter. [33231/08]
The person concerned applied for asylum on 18 May 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 18 October 2005, that the Minister proposed to make a Deportation Order in respect of him.
He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.
Bernard J. Durkan
Question:192 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status of the application for residency of a person (details supplied) in County Cork; and if he will make a statement on the matter. [33232/08]
The person concerned applied for asylum on 7 March 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 8 August 2006, that the Minister proposed to make a Deportation Order in respect of him.
He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.
Bernard J. Durkan
Question:193 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status of the application for family reunification in the case of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [33233/08]
I am informed by the Immigration Division of my Department that the person in question is the subject of an application for Family Reunification made by his wife in April 2008. This application has been forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When this investigation has been completed, the Commissioner will prepare and forward a report to my Department. Upon receipt of the report, the application will be considered and a decision will issue in due course.
Bernard J. Durkan
Question:194 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [33234/08]
The person concerned applied for asylum on 18 January 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, the person was informed by letter dated 21 August 2006 that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons she should be allowed to remain temporarily in the State.
Representations were submitted on behalf of the person at that time. Through her legal representative, the person initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal. The High Court refused the judicial review leave application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood. The case of the person will now be dealt with in accordance with the provisions of section 3 of the Immigration Act 1999, as amended. The representations submitted on behalf of the person concerned will be fully considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement, before the file is passed to me for decision.
Asylum Applications.
Bernard J. Durkan
Question:195 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [33235/08]
It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
Bernard J. Durkan
Question:196 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [33236/08]
It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
Bernard J. Durkan
Question:197 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the refugee appeals officer’s decision in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [33237/08]
It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
Bernard J. Durkan
Question:198 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [33238/08]
I refer the Deputy to Parliamentary Question No. 789 of Wednesday 24 September 2008, and the written Reply to that Question. The person concerned applied for asylum on 7 August 2002. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 28 May 2004, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were received from the person concerned.
The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the file is passed to me for decision.
Bernard J. Durkan
Question:199 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to residency in the case of a person (details supplied) in County Longford; and if he will make a statement on the matter. [33239/08]
It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.
Bernard J. Durkan
Question:200 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to residency in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [33240/08]
The person concerned applied for asylum on 19 October 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 23 May 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.
By letter dated 3 January 2008, the person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006. The person concerned did not submit such an application.
Following consideration of the case of the person concerned, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a Deportation Order was signed by the Minister in respect of the person concerned on 26 February 2008. This Order was formally served by registered post dated 11 March 2008. The person concerned instituted Judicial Review Proceedings on 7 April 2008 challenging the Deportation Order. The Judicial Review Proceedings were subsequently settled. Among the Terms of Settlement were provisions that the Deportation Order would be revoked and the person concerned would be enabled to submit fresh representations in support of an application for permission to remain in the State. The Deportation Order has since been revoked. The person concerned has been invited to provide fresh representations under section 3(3)(a) of the Immigration Act, 1999 (as amended). To date no such representations have been received in my Department.
In the absence of any such fresh representations being received, the case of the person concerned will have to be re-considered on the basis of the documentation already on file.
Bernard J. Durkan
Question:201 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [33241/08]
A Deportation Order was made in respect of the person concerned on 3 October, 2002, following the decision of the Refugee Applications Commissioner to refuse the person's application for asylum. He subsequently applied for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, known as the IBC/05 Scheme. This application was refused as the person did not meet the criteria of the scheme. The IBC/05 Scheme, and refusals thereunder, was upheld by the Supreme Court in its judgment delivered on 20 December, 2007. The Deportation Order referred to remains in force. The person's case will be reviewed in light of the Supreme Court judgment on matters related to the IBC/05 Scheme, and he will be contacted directly and informed of any further decisions, in due course.
Residency Permits.
Bernard J. Durkan
Question:202 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to residency or citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [33243/08]
The person in question was the subject of a Family Reunification application that was approved in March 2002. Correspondence issued to the Deputy in July 2007, and to the person concerned and his legal representative in November 2004, May 2006, June 2007, August 2007 and September 2008 advising him that his permission to remain in the State was being renewed. The person in question was also advised to report to the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2 to have the appropriate permission endorsed on his passport and to have a Certificate of Registration issued in respect of him.
Enquiries made by the Immigration Division of my Department in January 2008 indicated that the person concerned had contacted the Garda National Immigration Bureau and had renewed his permission to remain until the 26th July 2008. The onus is on the person concerned to ensure that his immigration registration is kept up to date.
Citizenship Applications.
Bernard J. Durkan
Question:203 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to citizenship or family reunification in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [33244/08]
I refer the Deputy to the Reply to Parliamentary Question No. 867 of 24 September 2008. I am informed by the Immigration Division of my Department that 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 2007. Officials in my Department are currently processing applications received in April 2006. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants.
I am also informed by the Immigration Division of my Department that a decision has been reached in relation to the family reunification application of the person in question and they will be informed of the decision shortly.
Asylum Applications.
Bernard J. Durkan
Question:204 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [33245/08]
The person concerned applied for asylum on 1 December 2004. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 January 2006, that the Minister proposed to make a Deportation Order in respect of her.
She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, before the file is passed to me for decision.
Bernard J. Durkan
Question:205 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [33246/08]
The person concerned arrived in the State on 18 September 2003 with her child and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 24 June 2005, that the Minister proposed to make Deportation Orders in respect of her and her child.
She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. Representations were received from the person concerned. Following consideration of the case of the person concerned, and her child, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, Deportation Orders were signed by the Minister on 25 January 2006 in respect of the person concerned and her child. These Orders were formally served by registered post dated 7 February 2006.
The person concerned subsequently sought to be re-admitted to the asylum process in accordance with the provisions of Section 17 (7) of the Refugee Act, 1996 (as amended). Following consideration of this application, the application was refused and this refusal decision was conveyed in writing to the person concerned by letter dated 12 March 2007.
The person concerned subsequently sought to be enabled to submit an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). Following consideration of this request, a decision was taken to permit the person concerned to lodge such an application, a position conveyed to the person concerned by letter dated 18 October 2007. The person concerned has submitted an application for Subsidiary Protection in the State, on behalf of herself and her child, and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
The person concerned, and her child, remain the subject of Deportation Orders. However, the Deputy can be assured that no steps will be taken to enforce these Orders pending the determination of the application for Subsidiary Protection in the State. In the meantime, however, the person concerned must comply with any reporting requirements placed on her by the Garda National Immigration Bureau (GNIB).
Bernard J. Durkan
Question:206 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [33247/08]
The person concerned applied for asylum on 18 October 2001. This application was refused by the Refugee Applications Commissioner, and, following appeal to the Refugee Appeals Tribunal, the original decision to refuse asylum was upheld. The case of the person concerned is being examined in accordance with Section 3 of the Immigration Act 1999 and the person concerned will be informed of any decisions made in due course.
Criminal Prosecutions.
Bernard J. Durkan
Question:207 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prosecutions taken against so-called boy racers in each of the past two years to date through each Garda station throughout County Kildare; the number of reports of such activity filed by members of the public in the same period; the number of prosecutions that followed; and if he will make a statement on the matter. [33248/08]
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.
Public Order Offences.
Bernard J. Durkan
Question:208 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents of anti-social behaviour reported to the various Garda stations in County Kildare in each of the past two years to date; the number of prosecutions and convictions that followed; and if he will make a statement on the matter. [33249/08]
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.
Crime Levels.
Bernard J. Durkan
Question:209 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of robberies, including break-ins, reported to the various Garda stations throughout County Kildare in the past two years; the estimated value of the goods or moneys taken; the amount recovered; and if he will make a statement on the matter. [33250/08]
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.
Garda Divisions.
Bernard J. Durkan
Question:210 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which the reorganisation of divisional responsibilities has been completed in County Kildare; and if he will make a statement on the matter. [33251/08]
I am advised by the Garda authorities that they are implementing the Divisional changes on a Regional basis. Immediate efforts are concentrated on completing the changes in the Eastern Region. Planning for the new Division of Kildare is ongoing and the new Division is planned to go live on the 1st January 2009.
Organised Crime.
Bernard J. Durkan
Question:211 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of drug barons currently operating here; the extent of the action to deal with the issue; and if he will make a statement on the matter. [33252/08]
Organised criminal gangs operating in this jurisdiction are being targeted on a continuous basis by Gardaí and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted and a Garda response embraces an intelligence-led approach to operations primarily undertaken by An Garda Síochána specialised units such as the National Bureau of Criminal Investigation, the Garda National Drug Unit, the Organised Crime Unit and the Criminal Assets Bureau.
All available intelligence is fully analysed and used in the strategic deployment of both local and specialised operational Garda units to target particular gangs. Organised crime, including persons suspected of involvement in drug-trafficking, importation, sale and supply, is being targeted on a number of fronts. This approach involves uniform and plain-clothes Gardaí overtly and covertly disrupting known criminals in the course of criminal activities. Members, their operating methods, criminal interests and financial assets are likewise proactively targeted in intelligence-led operations. An Garda Síochána, in cooperation with its multi-agency law enforcement partners, including the Revenue Commissioners, will ensure that all available resources will be deployed in targeting the major gangs involved in drug trafficking in accordance with the National Drugs Strategy.
Some of the steps taken to date by An Garda Síochána to address the sale, supply, importation and distribution of illegal drugs include the following: the allocation of additional resources at the Garda National Drugs Unit, as well at District and Divisional levels; the establishment, on a permanent basis, of the Organised Crime Unit with the specific objective of targeting those suspected of involvement in organised crime, including drug trafficking, importation, sale and supply; the establishment of dedicated Divisional and District Drug Units and the allocation of additional personnel to those already established; internationally, An Garda Síochána works closely with relevant law enforcement agencies including all EU agencies, the Drugs Enforcement Agency (US), Interpol and Europol. An Garda Síochána also has Liaison Officers based in the Hague, London, Paris, Madrid Europol and Interpol; ongoing training programme for personnel as Divisional Asset Profilers, who have the specific remit of targeting assets of persons who are suspected of being involved in the importation, sale and supply of drugs at local, divisional / district, level.
These specific initiatives are in conjunction with the responsibility on all members of An Garda Síochána who are tasked with implementing the criminal law, including relevant drug-trafficking legislation. Other measures have been put in place to deal with serious crime including Operation Anvil. This intelligence-led operation has been used to target specific individuals and its primary focus is the disruption of serious and organised criminal activity. Operation ‘Anvil' commenced in May 2005 in the Dublin Metropolitan Region and was extended country-wide in 2006. The Garda Commissioner has publicly re-affirmed his absolute commitment to the objectives of Operation ‘Anvil', which is but one tool used by members of An Garda Síochána in endeavouring to combat crime.
An Garda Síochána is in ongoing liaison with international law enforcement agencies and the Irish Prison Service to counteract the activities of persons who attempt to continue their criminal endeavours from outside the jurisdiction and/or while serving prison sentences.
The Criminal Assets Bureau is being actively utilised to identify and target funds accumulated by criminals, in order to seize such assets and to deprive them of the profits of their criminal activity. A dedicated unit within the Garda National Drugs Unit has been established to liaise with the Criminal Assets Bureau to particularly target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity. This integrated approach adopts best practice in implementing a coordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed by Garda management on an ongoing basis to ensure their effectiveness.
Garda Equipment.
Bernard J. Durkan
Question:212 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied that adequate modern technology is readily available to the gardaí at all stations here with the objective of enhancing the fight against crime; and if he will make a statement on the matter. [33253/08]
I am assured by the Garda authorities that the technology required to assist them in the investigation of crime is available to the Garda Síochána and that these technologies are constantly being modified and updated within the organisation to ensure they best support operational requirements. A number of initiatives are currently underway or have been recently completed by the Garda Síochána in this area including the provision of an updated Automated Fingerprint Identification System, a new Automated Ballistics System and a new Automated Number Plate Recognition system. There are also plans for the development of a new computer system to support major investigations. In addition, new functionality is regularly incorporated into the main Garda incident recording system, PULSE, which is now widely available in over 340 locations nationwide.
Organised Crime.
Bernard J. Durkan
Question:213 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of members of organised crime gangs currently serving prison sentences; the extent to which their ability to operate their empires from prison is being curtailed; and if he will make a statement on the matter. [33254/08]
It is not possible to give the statistics requested by the Deputy. Prisoners on committal to prison do not declare their allegiance to individual gangs. Unlike, for example, paramilitary organisations, membership of criminal gangs fluctuate on a continuous basis with some persons breaking links and others becoming affiliated.
I can nevertheless advise the Deputy that a number of recent initiatives have been introduced with a view to preventing identified gang leaders from conducting their business while in custody and also to prevent them exerting inappropriate influence over other persons. For example, a number of serious criminal gang members are now segregated in a specific area of Cloverhill Prison. In addition, the pilot mobile phone blocking scheme in the Midlands Prison is now nearing completion with the expectation that inhibitors will be installed in all our closed prisons over the next 18 to 24 months.
Other security initiatives have been introduced which make it more difficult for prisoners to engage in illegal activities while in prison. These initiatives include the introduction of passive drug dogs, the installation of airport style security including scanners, x-ray machines, etc., and the establishment of an Operational Support Group. A core function of this group is to gather and collate intelligence information on criminal gang members in our prisons and to carry out intelligence led searches on them.
Witness Intimidation.
Bernard J. Durkan
Question:214 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents in respect of which witness intimidation has taken place in each of the past two years; the action taken to deal with the issue; and if he will make a statement on the matter. [33255/08]
I refer the Deputy to my responses to his previous recent questions on this issue, most particularly Parliamentary Questions Nos. 123, 521, 528 and 533 of 4 March 2008, Parliamentary Questions Nos. 85 and 584 of 17 April 2008, Parliamentary Question No. 122 of 28 May 2008 and also Parliamentary Question No. 63 of 8 July 2008. To date 15 proceedings have been commenced in 2007 in respect of the relevant offences in 2007 and 9 proceedings have been commenced in 2008 in respect of the relevant offences in 2008.
Decentralisation Programme.
Noel Coonan
Question:215 Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform the position regarding a decentralisation project (details supplied) in County Tipperary; the location of the proposed site; and if he will make a statement on the matter. [33265/08]
As the Deputy will be aware, County Tipperary and, in particular, the towns of Thurles and Roscrea, are priority locations under my Department's decentralisation programme. Around four hundred posts are scheduled to move to the county and this represents over 40% of my Department's commitment to the decentralisation process nationwide.
The Garda Central Vetting Unit relocated its operations from Garda Headquarters to temporary accommodation in Thurles in 2005 with an initial staff complement of thirty three. This number has since been increased to sixty six and, together with the Fixed Charge Processing Office, the total number now working in Thurles has risen to over one hundred and thirty. The site for the proposed permanent accommodation for these units is located on the Nenagh Road.
World Equestrian Games.
Lucinda Creighton
Question:216 Deputy Lucinda Creighton asked the Minister for Arts, Sport and Tourism if he will make a financial commitment to Ireland’s hosting of the World Equestrian Games in 2014 in the event that the Irish bid is successful. [33149/08]
Lucinda Creighton
Question:221 Deputy Lucinda Creighton asked the Minister for Arts, Sport and Tourism if he will look favourably on the bid to host the World Equestrian Games here in 2014 in view of the fact that the hosting of these Games would be of benefit to the tourism industry and the equine industry which have suffered through lack of investment in recent years. [33148/08]
I propose to take Questions Nos. 216 and 221 together.
I understand that Horse Sport Ireland have established an advisory group to examine the feasibility of hosting the World Equestrian Games in Ireland in 2014. I await the report from Horse Sport Ireland on the matter.
Swimming Pool Projects.
James Reilly
Question:217 Deputy James Reilly asked the Minister for Arts, Sport and Tourism his views on funding an application for the proposed swimming pool (details supplied) in County Dublin; and if he will make a statement on the matter. [33035/08]
The current round of the Local Authority Swimming Pool Programme provides grant aid to a maximum of €3.8 million towards the capital costs of new swimming pools or the refurbishment of existing pools. The current round of the Programme closed to applicants on 31 July 2000 and no application was submitted by Fingal Council, on behalf of Balbriggan, by that date. As such it is not possible to make funding available under the current round of the programme for a swimming pool in Balbriggan.
Given the current budgetary constraints, it is not intended to launch a new round of the Programme at this time. However, when a new round of the Programme is launched it will be open to all Local Authorities, including Fingal Council on behalf of Balbriggan, to submit an application under the terms that will apply.
Joanna Tuffy
Question:218 Deputy Joanna Tuffy asked the Minister for Arts, Sport and Tourism the position regarding the swimming pool grant scheme; and his plans to reopen this scheme and accept applications by local authorities in respect of swimming pools. [33077/08]
A sum of €184m has been provided in the National Development Plan 2007 — 2013 for supporting existing projects under the current round of the Local Authority Swimming Pool Programme and for new projects to be selected following the launch of a new round of the Programme. The current round of the Programme, which closed in July 2000, has made noteworthy progress over the last 8 years when consideration is given to the lead in time in the development of pool projects.
Under the round, 36 projects have been completed and opened to the public, 9 other pools, which have been allocated funding, are under construction throughout the country and another 12 are at various stages of development. A total of €123.9m has been spent over the last 8 years under the Programme and a total of €20 million is provided for this year. Given the current budgetary constraints, it is not intended to launch a new round of the Programme at this time.
Joanna Tuffy
Question:219 Deputy Joanna Tuffy asked the Minister for Arts, Sport and Tourism the position regarding the plan of South Dublin County Council for a public swimming pool in Lucan; and the steps he is taking to deliver this project. [33078/08]
The current round of the Local Authority Swimming Pool Programme provides grant aid to a maximum of €3.8 million towards the capital costs of new swimming pools or the refurbishment of existing pools. The current round of the Programme closed to applicants on 31 July 2000 and no application was submitted by South Dublin County Council, on behalf of Lucan, by that date. As such it is not possible to make funding available under the current round of the programme for a swimming pool in Lucan.
Given the current budgetary constraints, it is not intended to launch a new round of the Programme at this time. However, when a new round of the Programme is launched it will be open to all Local Authorities, including South Dublin County Council on behalf of Lucan, to submit an application under the terms that will apply.
Arts Funding.
Róisín Shortall
Question:220 Deputy Róisín Shortall asked the Minister for Arts, Sport and Tourism his views on providing financial support to the development and promotion of dance here. [33136/08]
My policy on the arts is to promote and strengthen the arts in all its forms, increase access to and participation in the arts, and make the arts an integral and valued part of our national life. Responsibility for the promotion of the arts at all levels throughout the country is devolved primarily to the Arts Council, and it is the principal agency through which State funding is channelled to the arts. Under the Arts Act, 2003, the general functions of the Council include the following:
to stimulate public interest in the arts;
to promote knowledge, appreciation and practice of the arts;
to assist in improving standards in the arts.
The Arts Council is a statutorily independent body, funded by my Department and independent in its day-to-day operations, including in relation to its funding decisions. Funding for the Arts Council has increased by almost 71.2% from €47.67 million in 2002 to €81.62 million in 2008. These are significant amounts of money in any context and have transformed and increased access to the arts and allowed the Arts Council to support artists and arts organisations nationwide. The Arts Council's policy on dance is outlined in their strategy Partnership for the Arts 2006-2010.
My Department takes a direct role in relation to the provision of grant-aid for arts and culture infrastructure and has provided substantial funding for the capital development of facilities around the country in recent years. For example, my Department has provided over €66m to over 100 arts facilities through the Arts and Culture Capital Enhancement Support Scheme (ACCESS), many of which include dance facilities. ACCESS has been widely acknowledged as a significant intervention in the provision of quality cultural spaces throughout the country.
Question No. 221 answered with Question No. 216.
National Sports Campus.
Leo Varadkar
Question:222 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism when he expects progress to be made on phase one of the national sports campus; and if he will make a statement on the matter. [33162/08]
Following the completion of the move by the FAI to the former State Laboratory building at Abbotstown last year, work has been advanced on providing a headquarters for the Irish Institute of Sport. This involves refurbishing an existing building on the Abbotstown site. Construction is expected to commence shortly and the Irish Institute of Sport is expected to move into its new HQ in early 2009. Following the appointment by the NSCDA in April last of Project Management and Design Teams, detailed plans for Phase 1 of the Campus are being prepared and it is estimated that an application for Planning Permission will be lodged with Fingal County Council before the end of 2008.
The facilities planned for the first phase of the project include:
A National Field Sports Training Centre catering for rugby, soccer, Gaelic games and hockey;
A multi-sport National Indoor Training Centre which will provide world class training facilities for over 20 sports;
Sports science and medical facilities;
Accommodation for sports men and women; and
All-weather synthetic pitches for community recreational access.
Proposals for further new types of facilities will be considered in the context of later phases of the Campus project and will be subject to economic conditions and the prevailing public finances.
Departmental Programmes.
Michael Ring
Question:223 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if with the amalgamation of Leader groups and the new Leader programmes and Cohesion Funds, all these positions will be advertised by way of an open competition to the public or if they will be filled within the existing companies; and if he will make a statement on the matter. [33036/08]
Decisions in relation to the advertising and appointment of positions in LEADER and Partnership Groups are matters for the boards of the companies concerned with reference to all relevant legislation including the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (SI No. 131 of 2003). My Department has no role or authority in such processes. In order to assist the boards of newly established local integrated development companies in achieving best practice in the appointment of the CEO position my Department has engaged Mazars to provide assistance to Boards at their request. The extent to which Mazars' services are availed of will be a matter for the individual boards concerned.
National Drugs Strategy.
Catherine Byrne
Question:224 Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs the number of offices or premises being used by each of the local drugs task forces in this country; the number of these offices or premises that are rented; the number actually owned by the local drugs task forces; the expenditure by each local drugs task force on renting premises in the period 2001 to 2008; the amount spent by each local drugs task force on purchasing premises in the period 2001 to 2008; and if he will make a statement on the matter. [33085/08]
As the Deputy will be aware, there are 14 Local Drugs Task Forces (LDTFs) in operation — 12 in Dublin, one in Cork City and one in Bray, Co. Wicklow. The core staff of the Task Forces are based in separate premises across the 14 individual Task Force areas. Details of the locations of the LDTFs are attached at Appendix 1.
Five Task Forces currently rent their own premises — Ballymun, Clondlalkin, North Inner City, Blanchardstown and Tallaght and details of the rent paid by each of these Task Forces is attached at Appendix 2.
Of the remaining Task Forces, nine (Ballyfermot, Canal Communities, Cork, Dublin 12, Dun Laoghaire/Rathdown, Finglas/Cabra, Bray, Dublin North East and South Inner City) are located within HSE-funded facilities and are not required to pay rent. No LDTF has purchased premises during the period 2001-2008 for their own use. However, the Deputy may be aware that the Premises Initiative, which is funded through my Department, addresses the accommodation needs of community drugs projects in Drugs Task Force areas. This Fund has been very successful since its introduction in 2001 and to date, in the region of 100 projects have been allocated funding, totalling over €22m.
|
Location |
Co-ordinator |
|
|
Ballyfermot |
Mr Frank Gilligan, Addiction Services, Bridge House, Cherry Orchard Hospital, Ballyfermot, Dublin 10e-mail: taskforce@ballyfermotadvance.ie |
Tel: 6206488 Fax: 6206401 Mob: 087 2252231 |
|
Ballymun |
Mr Hugh Greaves, Axis Centre, Main Street, Ballymun, Dublin 9e-mail: hugh.greaves@axis-ballymun.ie |
Tel: 8832142 Fax: 8832144 Mob: 086 8241165 |
|
Blanchardstown |
Brid Walsh, 22(a) Main Street, Blanchardstown. Dublin 15e-mail: short-term brid.walsh@hse.ie |
Tel: 8604845 Fax: 8604848 Mob: 086 8074726 |
|
Bray |
Ms Niamh McAlinden, Bray LDTF, Unit 2, First Floor, 24 Florence Road, Bray, Co. Wicklowe-mail: niamhmcalinden@eircom.net |
Tel: 2762975 Fax: 2762941 Mob: 087 2073331 |
|
Canal Communities |
Ms Mary Ryder, Addiction Services, Bridge House, Cherry Orchard Hospital, Ballyfermot, Dublin 10e-mail: mary.ryder2@hse.ie |
Tel: 6206413 Fax: 6206401 Mob: 086.8288303 |
|
Clondalkin |
Ms Sandra Mullen, Unit 5, Oakfield, Clondalkin, Dublin 22e-mail: cdtf1@indigo.ie |
Tel: 4579445 Fax: 4579422 Mob: 086 0401375 |
|
Dublin N.E. |
Tom O’Brien, Le Chéile, Collins Avenue East, Donnycarney, Dublin 5e-mail: tom@dnedrugstaskforce.ie |
Tel: 8465074 Fax: 8465071 Mob: 083 3320404 |
|
Cork |
David Lane, Community Care Offices, St Finbarrs Hospital, Douglas Road, Cork |
Tel: 021/4923132 Fax: 021/4923137 Mob: 087 2385843 |
|
Dublin 12 |
Cormac O’Toole, Addiction Services, Bridge House, Cherry Orchard Hospital, Ballyfermot, Dublin 10e-mail: d12ldtf@gmail.com |
Tel: 6206422 (office) Fax: 6206401 Mob: 087 6745047 |
|
Dun Laoghaire/Rathdown |
Jim Doherty, Centenary House, 35 York Road, Dun Laoghaire, Co. Dubline-mail: jamese.doherty@hse.ie |
Tel: 2803335 Fax: 2300690 Mob: 087 6596071 |
|
Finglas/Cabra |
Mr John Bennett, Finglas/Cabra LDTF, Tolka Clinic, 121 Broombridge Close, Ballyboggan Road, Dublin 11e-mail: john.bennett@finglascabraldtf.ie |
Tel: 8307440 Fax: 8820330 Mob: 087 0505077 |
|
North Inner City |
Mel MacGiobúin, 22 Lower Buckingham St., Dublin 1e-mail — nicdtf@iol.ie |
Tel: 8366592 Fax: 8366286 Mob: 087 6871168 |
|
South Inner City |
Mr Colm Browne, Addiction Services, Bridge House, Cherry Orchard Hospital, Ballyfermot, Dublin 10e-mail: colm.browne@hse.ie |
Tel: 6206438 Fax: 6206401 Mob: 087 2672164 |
|
Tallaght |
Grace Hill, Tallaght Drugs Task Force, Tallaght Partnership, Killinarden Enterprise Centre, Tallaght, Dublin 24.e-mail: grace.hill@tallpart.com |
Tel: 4664243 Fax: 6206401 Mob: 087 6624729 |
|
LDTF |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
2007 |
2008 |
Total |
|
€ |
€ |
€ |
€ |
€ |
€ |
€ |
€ |
€ |
|
|
*Ballymun |
7,000.00 |
7,000.00 |
7,000.00 |
7,000.00 |
7,000.00 |
13,000.00 |
13,000.00 |
13,000.00 |
74,000.00 |
|
Clondalkin |
19,360.08 |
19,360.08 |
19,360.08 |
19,360.08 |
22,500.00 |
22,500.00 |
24,187.52 |
24,187.52 |
170,815.36 |
|
North Inner City |
7,600.00 |
7,600.00 |
7,600.00 |
7,600.00 |
7,600.00 |
7,600.00 |
7,600.00 |
7,600.00 |
60,800.00 |
|
Tallaght |
0 |
0 |
0 |
0 |
4,500.00 |
4,500.00 |
4,500.00 |
4,500.00 |
18,000.00 |
|
Blanchardstown** |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
25,000.00 |
25,000 |
*50% of rent paid for by HSE.
**Up until 2008, Task Force located in HSE funded facility.
Community Development.
Catherine Byrne
Question:225 Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs the status of the community development programme; the amount of funding allocated to this programme for 2008; the number of projects operating under this programme; the number of projects dedicated to tackling the drug problem in this country; and if he will make a statement on the matter. [33086/08]
The Community Development Programme (CDP) was established in 1990 in recognition of the role of community development in tackling poverty and disadvantage. In 2008, an allocation of €24.5million has made available for the Community Development Programme. The Programme currently core funds 185 community development projects in communities experiencing social and economic disadvantage. All projects have an anti-poverty, anti-exclusion focus, are managed by local voluntary management committees and are located in recognised disadvantaged areas nationwide, in both urban and rural areas. While there are no projects within the Programme that deal exclusively with the drugs problems, there are a number of projects which include the drugs issue as a priority within their Operational Plans.
Money Advice and Budgeting Service.
Róisín Shortall
Question:226 Deputy Róisín Shortall asked the Minister for Social and Family Affairs if she will provide the data from the MABSIS system for the first nine months of 2008 on the number of new clients; the number and percentage of new clients on social welfare and by type of payment; the number and percentage of new clients earning a wage; the client profile by tenure type; the debt owed by new clients when they first presented to the Money Advice and Budgeting Service with a breakdown by creditor type; and the average debt owed by new clients when they first presented to MABS. [33146/08]
The Money Advice and Budgeting Service (MABS) provided services to 10,838 new clients in the period to end August 2008. In addition, 1,641 people sought information about budgeting and money management. The MABS National Helpline received 6,457 calls to date in 2008.
The majority of clients were on social welfare payments (59%), the highest numbers being 1,917 (18%) who were in receipt of the one parent family payment, 1,837 (17%) who were in receipt of jobseekers payments and 1,527 (14%) in receipt of illness/disability payments. Some 28% of clients were in receipt of wages and just under 3% were self-employed. Clients mostly lived in rented accommodation, with 27% living in private rented accommodation and 25% in rented local authority accommodation. People with mortgages made up 26% of new clients and 8% lived with parents.
The total owed by new clients in 2008 to creditors, based on the debt they had when they first came to the MABS, amounted to €123 million, which works out at an average amount of €11,400 debt per client. Of the total amount of debt 62% was owed to banks/financial institutions, 17% was owed to credit unions, 3% was owed in respect of utilities bills and 2% was owed to moneylenders.^^
Social Welfare Benefits.
David Stanton
Question:227 Deputy David Stanton asked the Minister for Social and Family Affairs the average waiting time for a claim to be processed for each of the various schemes and payments in operation by her Department respectively; and if she will make a statement on the matter. [33152/08]
The Department is committed to ensuring that claims are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions that apply. These conditions vary from scheme to scheme and may involve, among other things, the need to establish the customer's social insurance record, verify medical incapacity for work, establish a customer's identity or their place of habitual residence and to assess means where appropriate.
In some cases there is an unavoidable time lag involved in making the necessary enquiries to enable decisions to be made. Time can also elapse where the applicants do not supply all the necessary information in support of their claim. Increases in the number of claims can also impact on processing times. However, operational procedures and the organization of work continue to be reviewed and restructured to maximize the benefits of technology and new developments in processing techniques and business information. The appended tabular statement sets out on a scheme by scheme basis, in respect of the month of August, the average times taken to award new claims.
|
Scheme |
Average time to award (weeks) |
|
Family Income Supplement (New) |
14 |
|
Family Income Supplement (Renewals) |
4 |
|
Child Benefit (Domestic) |
5 |
|
Child Benefit (EU/International) |
24 |
|
Jobseeker’s Benefit |
3 |
|
Jobseeker’s Allowance |
5 |
|
Bereavement Grant ) |
1 |
|
Carer’s Allowance |
15 |
|
One-Parent Family Payment |
10 |
|
Illness Benefit |
1 |
|
Widow(er)’s (Non-Contributory) Pension & One-Parent Family Payment (Widows) |
10 |
|
Disability Allowance |
14 |
|
Invalidity Pension |
10 |
|
Widow(er)’s Contributory Pension |
4 |
|
State Pension (Non Contributory) |
8 |
|
Household Benefits |
2 |
|
Free Travel |
1 |
|
State Pension (Contributory) Irish |
10 |
|
State Pension (Contributory) EU/International |
37 |
|
State Pension (Transition) Irish |
4 |
|
State Pension (Transition) EU/International |
22 |
Social Insurance.
Richard Bruton
Question:228 Deputy Richard Bruton asked the Minister for Social and Family Affairs the revenue that would be raised by abolishing the ceiling on PRSI contributions for employees in 2009; the number of people who would be affected; the cost of reducing the rate of PRSI to 2% for the self-employed; and the cost of reducing the rate to 2% for employees in 2009. [33182/08]
Richard Bruton
Question:230 Deputy Richard Bruton asked the Minister for Social and Family Affairs the cost of raising the threshold on PRSI by €100 per week and by €200 per week in 2009. [33186/08]
Richard Bruton
Question:231 Deputy Richard Bruton asked the Minister for Social and Family Affairs the cost of raising the exemption limit for PRSI by 5% and by 10% in 2009. [33190/08]
I propose to take Questions Nos. 228, 230 and 231 together.
Current estimates, agreed between this Department and the Department of Finance, indicate that: A decrease in the employee PRSI rate from 4% to 2% would reduce Social Insurance Fund income by some €793 million in a full year; A decrease in the self-employed PRSI rate (Class S) from 3% to 2% would cost approximately €279 million in a full year; The abolition of the PRSI ceiling for ordinary employees would yield some €334 million in additional contribution income, affecting some 324,720 contributors; Raising the PRSI free allowance to €227 or €327 would cost some €276 million or €552 million respectively for Class A; Raising the PRSI exemption threshold by 5% or 10% would cost some €18 million or €36 mill ion respectively for Class A.
Richard Bruton
Question:229 Deputy Richard Bruton asked the Minister for Social and Family Affairs the expected revenue to be raised in PRSI contributions from employers, from the self-employed and from employees respectively in 2007, 2008 and 2009 assuming the same structure applies in 2009 as in 2008. [33184/08]
The following table sets out the information requested by the Deputy.
|
Year |
2007 Estimate |
2007 Outturn |
2008 Estimate |
|
€ million |
€ million |
€ million |
|
|
Employers |
5,730 |
5,762 |
6,144 |
|
Employees |
1,465 |
1,539 |
1,655 |
|
Self-Employed |
405 |
421 |
450 |
|
Total |
7,600 |
7,722 |
8,249 |
Estimates for 2009 have not yet been finalised.
Questions Nos. 230 and 231 answered with Question No. 228.
Social Welfare Benefits.
Richard Bruton
Question:232 Deputy Richard Bruton asked the Minister for Social and Family Affairs the original Estimates for the cost of unemployment payments in 2008; the Revised Estimates published in July 2008; and the latest Estimates within her Department based on the most recent trends in the live register. [33194/08]
A total of €1,634.3 million was provided in the 2008 Revised Estimates Volume for jobseeker's allowance and jobseeker's benefit this year. Expenditure to end July was €1,081 million. A revised estimate was not published in July 2008.
Social Welfare Code.
Richard Bruton
Question:233 Deputy Richard Bruton asked the Minister for Social and Family Affairs the means test which applies with respect to maintenance payments, to earned income and to community employment earnings for a person claiming one parent family allowance; and the transitional arrangements which apply. [33200/08]
The one-parent family payment is a means tested scheme, therefore all income including personal and child maintenance payments and community employment earnings are assessable as means. In determining means from maintenance:
Vouched housing costs such as rent or mortgage payments up to a maximum of €95.23 per week are disregarded.
Thereafter, €1 is assessed as means for every €2 received by way of maintenance.
A person whose earnings exceed €425.00 gross earnings per week ceases to have an entitlement to one-parent family payment.
In determining means from earnings from employment or self employment or Community Employment Scheme, which are below the €425.00 limit:
The first €146.50 of weekly earnings together with all superannuation contributions, social insurance contributions, health contributions, trade union subscriptions and additional voluntary contributions (AVC's) made in respect of personal retirement savings accounts (PRSA's) are disregarded.
50% of the balance is assessed as means.
Where a person whose has been in receipt of one-parent family payment for 52 consecutive weeks prior to their earnings exceeding the limit of €425 gross per week, they qualify for a transitional payment of half their rate of payment for a further 26 weeks.
Richard Bruton
Question:234 Deputy Richard Bruton asked the Minister for Social and Family Affairs the eligibility terms for mortgage interest supplement, the income that is assessed in determining both eligibility and the value of the payment; and the income that can be disregarded. [33202/08]
The supplementary welfare allowance scheme (SWA) provides for a supplement to be paid in respect of mortgage interest to any person in the State whose means are insufficient to meet their needs. The purpose of mortgage interest supplement is to provide short term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. A person may be entitled to a mortgage interest supplement provided that:
he or she is habitually resident in the State;
the loan agreement was entered into at a time when, in the opinion of the Health Service Executive, the person was in a position to meet the repayments;
the residence in respect of which the loan is payable, is not offered for sale; and
the mortgage interest payable does not exceed such amount as the Health Service Executive considers reasonable to meet his or her residential needs.
In exceptional circumstances, a supplement may be awarded where the mortgage interest exceeds such amount as the Executive considers reasonable but such a supplement is payable for a maximum of 12 months.
Mortgage interest supplements are normally calculated to ensure that a person, after the payment of mortgage interest, has an income equal to the rate of SWA appropriate to family circumstances less a minimum contribution, currently €13, which recipients are required to pay from their own resources. Many recipients pay more than €13 because they are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs.
All income, subject to income disregards, is assessable for mortgage interest supplement purposes excluding the following items:
Child benefit, including equivalent payments from other EU countries
Earnings from employment as a Home Help
Mobility Allowance
Guardian's Payment — Contributory or Non-Contributory
Payments received from the Health Service Executive for foster children.
Payments for accommodating children under the Child Care Act.
Income from Gaeltacht students
Domiciliary Care Allowance
Grants or allowances arising in pursuance of a scheme promoting the welfare of blind people.
Money received from charitable organisations e.g. St. Vincent de Paul
Compensation awarded by the Compensation Tribunal in respect of Hepatitis C contracted from certain blood products, compensation paid to those who have disabilities caused by Thalidomide and to those receiving compensation under the Residential Institutions Redress Board
Maintenance grants paid by Local Authorities for Higher Education
Respite Care Grant.
There is a number of income disregards which apply in the calculation of means for mortgage interest supplement purposes:
Pensioners — a special income disregard exists for those aged 65 years or over. Any additional income equal to the difference between the maximum rate of State (Contributory) Pension and the rate of supplementary welfare allowance appropriate to his or her circumstances can be disregarded.
Carer's allowance — in the case of a couple, where either spouse is a recipient of carer's allowance, the amount to be disregarded is the rate of carer's allowance in payment less the rate of SWA increase in respect of a qualified adult. In the case of a single person or a lone parent in receipt of Carer's allowance, the amount disregarded is the rate of carer's allowance in payment less the personal rate of SWA.
Half-rate Carer's allowance — all income received in respect of half-rate carer's allowance is disregarded in full.
Additional income allows a disregard, calculated as follows:
disregard of the first €75 a week of 'additional income'
disregard 25% of 'additional income' over €75 a week
There is no upper limit on the amount of additional income that can be disregarded.
‘Additional income' is the amount of income in excess of the SWA rate, applicable to household circumstances and includes income derived from part-time employment or self-employment (under 30 hours per week), any employment or training scheme (e.g. CE or FAS course), family income supplement and maintenance payments in excess of €95.23.
Earnings from rehabilitative employment — up to €120 of earnings from rehabilitative employment can be disregarded. However, this disregard cannot be applied together with ‘the additional income disregard'. Only one such disregard can be applied i.e. whichever is most beneficial to the applicant.
Capital (savings and investments) and the value of property owned but not personally used or enjoyed is assessed as means. Where capital or property is assessed on this basis, any income received from its use is not assessed as cash income. Instead, the following formula is used to establish weekly means:
Disregard first €5,000 of capital value of property/savings
Assess next €10,000 @ €1 per €1,000
Assess next €25,000 @ €2 per €1,000
Assess remaining capital over €40,000 @ €4 per €1,000.
I am satisfied that the mortgage interest supplement scheme provides an adequate short-term "safety net" within the overall social welfare system to ensure that people do not suffer hardship due to loss of employment.
Richard Bruton
Question:235 Deputy Richard Bruton asked the Minister for Social and Family Affairs the restrictions on work outside the home or claiming unemployment payments which apply to persons applying for respite grant and to carer’s allowance. [33205/08]
One of the fundamental qualifying conditions for carer's allowance, carer's benefit and the respite care grant is that the person be providing full-time care and attention to a person who needs such care. Since the introduction of the carer's allowance scheme this full time care and attention requirement has been eased in order to facilitate carers in engaging in employment, education or training. The number of hours a person may engage in employment, self employment, training or education outside the home and still be considered to be providing full-time care and attention was increased from 10 to 15 hours per week in June 2006.
There are no plans to increase the number of hours for which people can engage in employment, education or training outside the home and still be eligible for carer's payments from the Department or to extend the respite care grant or the "half rate carer's allowance" to people in receipt of jobseeker's allowance or benefit.
Social Welfare Benefits.
Bernard J. Durkan
Question:236 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when jobseekers allowance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33212/08]
The person concerned applied for Jobseekers Allowance on 2 July 2008 and on receipt of all the necessary information and documentation a decision has been made on her claim. Her claim has been disallowed on the grounds that she failed to satisfy the Deciding Officer that she has made genuine efforts in seeking work. In particular, she failed to submit any evidence of having made an application for an advertised job vacancy. Notification of the decision, and her right to appeal, issued on 20 September 2008. There is no trace of an appeal registered at this time. The person concerned is in receipt of Supplementary Welfare Allowance from 2006 to date.
Bernard J. Durkan
Question:237 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the position regarding the application for rent support of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33213/08]
Rent supplement is administered on behalf of the department by the community welfare division of the Health Service Executive (HSE), as part of the supplementary welfare allowance scheme. One of the conditions for receipt of rent supplement is that the Executive must be satisfied that "the claimant is in need of accommodation and is unable to provide for it from his or her own resources".
The Executive has advised that the person concerned was refused rent supplement as it was not satisfied that he is in need of accommodation. The Executive has further advised that an appeal to the HSE Appeals Office against the decision to refuse rent supplement was unsuccessful. A further appeal has now been lodged with the Social Welfare Appeals Office.
Pension Provisions.
Jack Wall
Question:238 Deputy Jack Wall asked the Minister for Defence if a person (details supplied) in County Kildare is in receipt of their full pension entitlements; and if he will make a statement on the matter. [33044/08]
The person concerned retired on grounds of ill-health from his position as a civilian employee with the Defence Forces in April 1986. He was awarded a gratuity and an annual pension on retirement, under the terms of the non-contributory pension scheme for non-established State employees. The person in question received on his retirement all of his entitlements under that pension scheme. Over the years, the rate of occupational pension paid to the person concerned has been increased in line with pay awards, both general and special, for serving employees.
Army Barracks.
Joe Costello
Question:239 Deputy Joe Costello asked the Minister for Defence the number of units of accommodation in the Defence Forces married quarters in McKee Park Barracks; the number which are still occupied; the plans for the future use of these units; and if he will make a statement on the matter. [33088/08]
Defence Forces Married Quarters are provided to serving members until their retirement or resignation. The Defence Forces Regulations state that the Quarters must be vacated within 15 days of leaving the service. There is one occupied married quarters currently owned by my Department at McKee Park and efforts are ongoing to regularise the situation in accordance with Defence Forces Regulations.
Contracts of Sale.
Frank Feighan
Question:240 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position in the case of a person (details supplied) in County Leitrim; and if he will make a statement on the matter. [33256/08]
I understand that the Chief State Solicitor's Office is finalising the contracts of sale with the vendor's solicitor in this case.
Planning Issues.
Michael Ring
Question:241 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the reason it is necessary to make changes to a county development plan (details supplied); and if he will make a statement on the matter. [33038/08]
I refer to the reply to Question No. 1395 of 24 September 2008.
Radon Gas Levels.
Joanna Tuffy
Question:242 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the report Radiation Doses Received by the Irish Population published in July 2008 by the Radiological Protection Institute of Ireland, a three year baseline study of the various sources of ionising radiation which the Irish population is exposed to, and its conclusions that radon is the primary source of radiation dose, is cancer causing, and is one of the few sources that can be controlled through remediation; the steps he is taking to ensure that people vulnerable to exposure can afford to take remediation measures; and if he will make a statement on the matter. [33040/08]
A copy of the report Radiation Doses Received by the Irish Population was provided to me by the Radiological Protection Institute of Ireland (RPII) at the time of its launch in July 2008 and I have noted its contents. The report summarises the most comprehensive study of its kind undertaken in Ireland, bringing together data on exposure of the Irish population to all sources of radiation, both natural and artificial.
The Government's approach to radon, which is similar to that of the majority of EU member states, is to concentrate efforts on increasing public awareness of the risks posed by radon in the home. The Government, largely through the Radiological Protection Institute of Ireland (RPII), has, for many years now, worked towards assessing the extent of the radon problem throughout the country. Between 1992 and 1999 the RPII carried out a comprehensive National Radon Survey (NRS) to measure radon concentrations in Irish homes. The principal objective was to identify the scale of the radon problem in Ireland and to identify areas at higher risk of radon contamination.
Householders, particularly those in known high radon areas, have been strongly encouraged by the RPII to have their homes tested for radon and to undertake remediation works where necessary. The RPII have carried out targeted information campaigns in high radon areas and in some instances where areas of particularly high radon levels have been found they have written directly to householders in these areas. Since the completion of the National Radon Survey the RPII has completed radon measurements in an additional 22,000 homes. This will continue to be the focus so as to enable and encourage householders to address monitoring and remedial requirements effectively and economically.
If the household is found to have high radon levels remediation work may be recommended. Technical guidance on radon remediation techniques is available in a booklet issued by my Department called Radon in Buildings — Corrective Option. The Radiological Protection Institute of Ireland (RPII) have also issued guidance entitled Understanding Radon Remediation — A Householders Guide. In addition, the Radiological Protection Institute of Ireland (RPII) www.rpii.ie have a list of companies who can provide a radon remediation service and can offer specific advice and recommendations.
Some remediation techniques can be undertaken by the householder at relatively low cost, such as the sealing of cracks and gaps in the floor and around entry points for pipes and cables at floor level. It may also be possible to increase the ventilation to a house, thus dispersing any build up of radon gas, by unblocking existing air vents, providing additional wall vents or by installing window trickle vents. The Scheme of Housing Aid for Older People is available to assist older people, generally over 60 years, to have necessary repairs or improvements carried out to their homes. Where a suite of works is being grant aided under this scheme, local authorities may also, as part of the package of works, assist with the provision of radon remediation works, where applicable.
My Department has already given approval to a number of local authorities to undertake, on a sample basis, radon surveys of their housing stock in high incidence areas. In addition the RPII have directly contacted local authorities with known areas of high radon concentration to encourage them to test local authority housing stock for radon, and where necessary, take remedial action.
Since 1998 the Building Regulations require all new buildings to incorporate radon protection measures at the time of construction. In October 2004 an updated edition of Technical Guidance Document C on Part C of the Building Regulations (Site Preparation and Resistance to Moisture) was published incorporating enhanced radon prevention measures for new buildings commencing on or after 1 April 2005. This new guidance document is aimed at ensuring that radon protection measures are carried out more effectively.
My Department will continue to work closely with the RPII, local authorities and other interested agencies to raise public awareness and to promote testing and remediation works.
Water Pollution.
Joanna Tuffy
Question:243 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the correspondence he has had with Galway City Council regarding the discovery of higher than recommended levels of lead in certain water supplies; the steps that are to be taken in response to this discovery; and if he will make a statement on the matter. [33041/08]
I refer to the reply to Question No. 495 of 30 September 2008.
Departmental Expenditure.
Joanna Tuffy
Question:244 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the moneys that were allocated in the budget for the years 2007 and 2008 under the heading of climate change; the amount of that money that has been spent; the purpose for which the money was spent; if this information will be provided in tabular form; and if he will make a statement on the matter. [33042/08]
Expenditure programmes across various Departments contribute in varying degrees to the implementation of the Government's Climate Change Strategy. For example, investment in public transport, afforestation and renewable energy are all important in addressing the level of greenhouse gas emissions. Expenditure on flood protection has a role to play in the necessary adaptation to climate change and substantial funds have also been committed to research further mitigation and adaptation measures. It would be impossible to attribute a precise element specifically to climate change from this range of expenditure.
Expenditure relating specifically to climate change within my own Department's Vote, and from the Environment Fund (which is separate to the Vote) is set out in the following Table.
|
Subhead |
Purpose |
Allocation 2007 |
Expenditure 2007 |
Allocation 2008 |
Expenditure to date 2008 |
|
€ |
€ |
€ |
€ |
||
|
D1 (2008) C2 (2007) |
Environmental Protection Agency — Climate Change Research Programme (Strategy for Science, Technology & Innovation) |
2,670,000 |
2,670,000 |
5,330,000 |
1,500,000 |
|
D4 (2008) C6 (2007) |
To provide funds for the acquisition on behalf of the State of Kyoto Units and any other such instruments or assets in accordance with the provisions of the Framework Convention on Climate Change and the Kyoto Protocol. |
150,000 |
0 |
10,050,000 |
0 |
|
D5 (2008) C7 (2007) |
Support for certain international climate change actions. |
2,808,000 |
2,115,000 |
2,767,000 |
10,000 |
|
Environment Fund |
|||||
|
EF3.1.1 |
Design, publishing and distribution of climate change information leaflet |
342,443 |
342,443 |
0 |
0 |
|
EF3.1.4 |
Climate Change campaign |
0 |
0 |
8,000,000 |
4,211,360 (excl. VAT) |
|
EF3.2.2 |
Cultivate — Powerdown Programme |
0 |
0 |
50,000 |
50,000 |
|
EF3.2.2 |
ENGO Research Projects |
0 |
0 |
169,550 |
169,550 |
|
EF3.2.3 |
An Taisce Green Schools |
200,000 |
200,000 |
200,000 |
200,000 |
|
EF4.1.3 |
Support for measures that assist Ireland’s actions on reducing our Greenhouse gases. |
402,000 |
56,000. |
325,000 |
85,000 |
|
EF4.2.2 |
Contributions to funds established under international agreements on substance that deplete the ozone layer |
660,000 |
480,000 |
693,000 |
417,000 |
|
EF4.2.3 |
Contributions to trust funds for the core budgets of the UN Framework Convention on Climate Change and the Kyoto Protocol |
163,000 |
163,000 |
142,000 |
24,000 |
|
EF6.3 |
Environmental Protection Agency — Science, Technology, Research and Innovation for Environment (STRIVE) — R&D |
293,641 |
293,641 |
71,918 |
71,918 |
Local Authority Funding.
Joanna Tuffy
Question:245 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the moneys provided to local authorities for the purpose of funding initiatives to do with tidy towns competitions; the headings under which this funding is provided; and if he will make a statement on the matter. [33043/08]
Funding is not allocated to Local Authorities specifically for financing TidyTowns related initiatives. Local Authorities receive General Purpose Grants for their operational activities from the Local Government Fund and funding for anti-litter and general environmental awareness-raising activities from the Environment Fund, both of which are administered by my Department. The specific allocation of these funds to various initiatives, including those which may be TidyTowns related, is a matter for the Local Authorities. Prize money is made available, however, from the Department and sponsors each year directly to the TidyTowns committees. For example, the total prize money for 2008 is €251,850.
Housing Grants.
Richard Bruton
Question:246 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the ceilings on the various grants payable through local authorities for housing adaptation and repair or improvement of houses and the income thresholds which apply; if a review of these terms has been undertaken; and if a revision is under consideration. [33167/08]
My Department operates three grant schemes to assist in the carrying out of works that are reasonably necessary for the purposes of rendering a house more suitable for the accommodation of an older person or a person with a disability who is a member of the household: the Housing Adaptation Grant for People with a Disability, the Mobility Aids Grant Scheme, and the Housing Aid for Older People scheme, all introduced on the 1 November 2007. Eligibility for grant payment is determined inter alia on the basis of household income in the previous tax year. The income thresholds which apply are set out in the attached table. To protect the value of the grant into the future, grants levels will be adjusted annually in line with the Building Cost Index. The income limits will also be increased annually in line with wage inflation.
Local authorities have been advised of a number of income disregards which will apply in calculating household income. A list of these income disregards is also attached. My Department is committed to carrying out an independent evaluation of these grant schemes following the first year of full implementation.
|
Housing Adaptation Grant — Houses over 12 mths old |
Housing Adaptation Grant — Houses under 12 mths old |
Housing Aid for Older People |
||||
|
Gross Maximum Household Income p.a. |
% of Costs available |
Maximum Grant Available |
% of Costs available |
Maximum Grant Available |
% of costs available |
Maximum Grant available |
|
% |
€ |
% |
€ |
% |
€ |
|
|
Up to €30,000 |
95 |
30,000 |
95 |
€14,500 |
100 |
€10,500 |
|
€30,001 – €34,000 |
90 |
27,000 |
90 |
€13,050 |
90 |
€9,450 |
|
€34,001 – €38,000 |
80 |
24,000 |
80 |
€11,600 |
80 |
€8,400 |
|
€38,001 – €42,000 |
70 |
21,000 |
70 |
€10,150 |
70 |
€7,350 |
|
€42,001 – €46,000 |
60 |
18,000 |
60 |
€8,700 |
60 |
€6,300 |
|
€46,001 – €50,000 |
50 |
15,000 |
50 |
€7,250 |
50 |
€5,250 |
|
€50,001 – €54,000 |
40 |
12,000 |
40 |
€5,800 |
40 |
€4,200 |
|
€54,001 – €65,000 |
30 |
9,000 |
30 |
€4,350 |
30 |
€3,150 |
|
In excess of €65,000 |
No Grant is Payable |
No Grant is Payable |
No grant is payable |
Under the Mobility Aids Grant Scheme, the maximum grant of €6,000, which may cover 100% of the cost of works, will be available to those with gross annual household incomes of up to €30,000. Applicants whose gross household income exceeds €30,000 are ineligible for grant aid under the Mobility Aids Grant Scheme.
Extract from Guidelines governing the revised Housing Adaptation Grant Schemes for Older People and People with a Disability.
Income Disregards
In determining gross household income, local authorities shall, for eligibility purposes, reduce the amount of household income by the following payments/disregards:
€5,000 for each member of the household aged up to age 18 years;
€5,000 for each member of the household aged between 18 and 23 years and in full time education, or engaged in a FÁS apprenticeship;
€5,000 where the person with a disability for whom the application for grant aid is sought, is being cared for by a relative on a full-time basis;
the amount of the following payments received in the previous tax year:
Child Benefit;
Early Childcare Supplement;
Family Income Supplement;
Domiciliary Care Allowance;
Respite Care Grant;
Carer's Benefit / Allowance (where the Carer's payment is made in respect of the person for whom the application for grant aid is sought).
Foster Care Allowance;
Fuel Allowance
Social and Affordable Housing.
Richard Bruton
Question:247 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the income thresholds which apply to qualify for shared ownership and to qualify for a subsidy towards the repayments; the year when the value of these was last increased; and if he has completed a review of the case for increasing their value. [33170/08]
The income eligibility and loan limits for the shared ownership scheme were reviewed and increased with effect from 1 January 2006. The income eligibility for a single income household increased to €40,000 while in the case of a two-income household, the income limit is based on the formula that 2.5 times the main income plus once the secondary income does not exceed €100,000. Where household income is below €28,000 in the previous tax year, a graded subsidy up to a maximum of €2,550 per annum is available to applicants on low incomes under the Shared Ownership Scheme. I am currently examining the qualifying limits for mortgage loans taken out with local authorities and will complete this process as soon as possible.
Richard Bruton
Question:248 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the rate of interest, the rate of charge for mortgage protection, the rental rate charged, the rate of subsidy towards repayments and the cost per month of these charges on a typical shared ownership purchase over 30 years on a €300,000 house. [33171/08]
The variable interest rate charged by a local authority on the mortgage element of a shared ownership transaction is determined by the Housing Finance Agency by reference to prevailing rates in the financial market. The current variable rate is 5.25%. In addition, a mortgage protection charge of 0.598% is applied to all local authority loans. Rent is calculated at 4.3% of the value of the share in the ownership held by the local authority. This amount is increased annually by 4.5%. The rent per €1,000 is, therefore, €3.58 per month initially, increasing annually by 4.5%. This amount excludes any rent subsidy due. Purchasers are required to buy out the full ownership within a 25-year period.
The income bands and the rate of subsidy payable under the Rental Subsidy scheme are set out in the Table:
|
Income Band |
Subsidy |
|
€ |
€ |
|
13,000 and under |
2,550 |
|
13,010 – 15,500 |
2,300 |
|
15,501 – 18,000 |
2,050 |
|
18,001 – 20,500 |
1,800 |
|
20,501 – 23,000 |
1,550 |
|
23,001 – 25,500 |
1,300 |
|
25,501 – 28,000 |
1,050 |
|
Over 28,000 |
Nil |
The monthly cost of a shared ownership transaction depends on the price of the home, the percentage split of the overall price between the purchase and rental elements and the purchaser's eligibility for subsidy under the Rental Subsidy Scheme.
Richard Bruton
Question:249 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government when the new equity loan will come into operation; and the income thresholds and terms and conditions which will apply. [33172/08]
The Affordable Homes Partnership were asked to consider how the range of existing affordable housing mechanisms might be enhanced. A resultant report Increasing Affordable Housing Supply has now been published. The report's recommendations are based on optimising the output from the existing mechanisms and include a proposal to introduce a new affordable housing product based on an equity loan arrangement to be used in conjunction with the existing schemes.
A consultation on the various aspects of the report, including the equity-based loan, was launched at the end of April 2008. In addition to the public consultation, my Department consulted with the social partners, housing practitioners and financial institutions. I am considering the outcome of this consultation process and appropriate measures in light of current market conditions.
Rental Accommodation Scheme.
Richard Bruton
Question:250 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if rental payments are being calculated for the rental accommodation scheme; the value of ceilings on the rental of eligible properties; and the method used for adjusting the value of these ceilings. [33173/08]
Under the Rental Accommodation Scheme it is a matter for each local authority to determine the rental payment it will make for any eligible property. However, the levels of recoupment available to them from my Department, which are based on rent supplement levels, may guide local authorities in their negotiations with landlords. Local authorities may agree, at their discretion, periodic rent reviews with landlords in line with the prevailing market conditions at the time.
Housing Aid for the Elderly.
Noel Coonan
Question:251 Deputy Noel J. Coonan asked the Minister for the Environment, Heritage and Local Government the number of applications received by North Tipperary County Council under the housing aid for older people grant, the housing adaptation grant for people with a disability and the mobility aids housing grant; the amount of money allocated in respect of each scheme in 2008; and if he will make a statement on the matter. [33266/08]
North Tipperary County Council has received 47 applications under the Housing Adaptation Grant for People with a Disability, 35 applications under the Mobility Aids Grant Scheme and 190 applications under the Housing Aid for Older People Scheme since their introduction on 1 November 2007.
A combined capital allocation of €1,571,700 was made to North Tipperary County Council in May 2008, for the operation of the Housing Adaptation Grant Schemes for Older People and People with a Disability. It is a matter for local authorities to decide on the specific level of funding to be directed towards each of the schemes, from within the combined allocation notified to them, and to manage the operation of the schemes in their areas from within this allocation. In light of particularly significant levels of demand under these schemes, North Tipperary County Council was recently notified of an additional Exchequer allocation of €300,000 towards the operation of these schemes in 2008.
Telecommunications Services.
Ned O'Keeffe
Question:252 Deputy Edward O’Keeffe asked the Minister for Communications, Energy and Natural Resources when works will be put in place to provide a service to an area (details supplied) in County Cork. [33082/08]
I have no function in the matter of the enabling for broadband purposes of exchanges owned by private companies or the quality of lines for provision of broadband services. It is anticipated that the facilitation of greater competition via the introduction of broadband from different technology platforms should encourage the more rapid enabling of exchanges for broadband.
Energy Conservation.
Richard Bruton
Question:253 Deputy Richard Bruton asked the Minister for Communications, Energy and Natural Resources the terms of the grants towards home energy use improvement in pilot areas and the categories of persons who are eligible; if a review of the pilot has taken place; the results of that review; and the revisions in the scheme which have been recommended. [33168/08]
The pilot areas for the individual strands of the Home Energy Savings Pilot Scheme are Limerick County Council, Clare County Council, Dundalk Town Council, Thurles Town Council and Tipperary SERVE area (an area within North Tipperary which is the subject of an EU energy project coordinated by Tipperary Energy Agency and North Tipperary County Council). The pilot also includes a Cluster Strand, which facilitates groups of a minimum of 10 householders to come together in the interests of economies of scale.
Pre-2002 privately owned residential properties have been eligible to apply under the individual area strands. Landlords and owners of multiple properties have also been eligible to apply under the Cluster Strand. Energy Rating assessments have been carried out in 90% of the participating houses and incentivisation offers have been made as appropriate. The data from the assessments, responses and uptake of the participants are currently being analysed by Sustainable Energy Ireland.
The Pilot Scheme will inform decisions in relation to a wider Home Energy Savings Scheme subject to overall budgetary considerations. The results from the models tested in the pilot phase will contribute to ensuring maximum effectiveness, efficiency and value for money.
Richard Bruton
Question:254 Deputy Richard Bruton asked the Minister for Communications, Energy and Natural Resources the value of grants for low energy use equipment operated by Sustainable Energy Ireland on behalf of his Department; if a review of the schemes has been undertaken; the results of that review; and the revisions in the scheme which have been recommended. [33169/08]
Sustainable Energy Ireland (SEI) operates a range of programmes in support of sustainable energy products and services aimed at securing greater energy efficiency and wider exploitation of renewables in the residential, business and industrial sectors. Among these programmes are:
Warmer Homes Scheme (energy efficiency upgrades for low income households)
Greener Homes Scheme (renewable heating systems for households)
Low Carbon House (enhance energy performance in new build)
Microgeneration (field trials of small scale electricity generating technologies)
ReHeat Deployment Programme (renewable heating systems for the commercial and public sectors)
Renewable Energy RD&D (research and development supports).
With specific respect to grants for low energy use equipment, SEI administers the Combined Heat & Power (CHP) Deployment programme. This programme was launched in August 2006 and provides two types of support:
A 40% support (discretionary) for studies assessing the feasibility of deploying new CHP plant
A 30% capital equipment support (rule based) towards the investment in new CHP plant. The programme supports either fossil fuel or renewable energy (biomass) based systems which adhere to the efficiency requirements set down in the subject EU Directive.
To date SEI has approved a total of 62 applications for capital equipment, including one biomass unit, in the amount of €4.474m of which €626k has already been paid. The scheme is reviewed annually with respect to targets set out for the programme. The scheme has been revised once to allow for grouped applications of feasibility studies to be submitted by single Energy Services Companies to inform assessments of CHP potential in target sectors.
Grant Payments.
Michael Ring
Question:255 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of appeals to the independent appeals board from each AES region within his Department for 2006, 2007 and to date in 2008; the number that were successful and the number disallowed in each separate region arising from the penalties applied; and if he will make a statement on the matter. [33009/08]
The table below provides a breakdown of appeals received at the Agriculture Appeals Office in respect of each AES region for the years 2006, 2007 and 2008 to-date, categorised into those successful and disallowed.
|
2006 |
2007 |
2008 to-date |
||||
|
REGION |
Successful |
Disallowed |
Successful |
Disallowed |
Successful |
Disallowed |
|
South West |
10 |
20 |
16 |
26 |
2 |
17 |
|
South East |
4 |
9 |
3 |
12 |
2 |
9 |
|
Midlands & East |
10 |
18 |
4 |
21 |
3 |
9 |
|
Mid Western |
5 |
18 |
8 |
15 |
4 |
10 |
|
Western Region |
16 |
43 |
14 |
35 |
7 |
23 |
|
North West |
3 |
21 |
11 |
18 |
6 |
11 |
|
North East |
8 |
18 |
5 |
9 |
4 |
9 |
Departmental Offices.
Ulick Burke
Question:256 Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food the area of office space rented or leased by his Department for the delivery of its services nationally; the cost of leasing of office space in Dock Gate, Galway for the period 2005, 2006 and 2007; the cost of the area rented; the amount of this rental space currently being utilised; if he will renegotiate the rental of this accommodation for unused office space in view of the changes in the single payment scheme; and if he will make a statement on the matter. [33050/08]
The Office of Public Works (OPW ) are responsible for the leasing and rental of Department offices nationally and they have been asked to provide the material which will be sent directly to the Deputy. The rented space in Dockgate, Galway is being utilised for staff in the Veterinary Office, Agricultural Environment and Structures Office, Inspectorate, Irish language Unit, and is being considered as a location to accommodate other Department staff in Galway city and County.
Grant Payments.
Frank Feighan
Question:257 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the reason an application which is fully compliant has not been granted; when a person (details supplied) in County Roscommon will receive moneys due; and if he will make a statement on the matter. [33095/08]
The claim for payment lodged by the person concerned under the Farm Waste Management Scheme is being processed by my Department. I would expect that payment will be made in the near future provided that the claim is in compliance with the terms and conditions of the Scheme.
Frank Feighan
Question:258 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Roscommon who is fully compliant and who was approved under the farm waste management scheme was not paid; and when they may expect moneys due. [33096/08]
The claim for payment lodged by the person concerned under the Farm Waste Management Scheme is being processed by my Department. I would expect that payment will be made in the near future provided that the claim is in compliance with the terms and conditions of the Scheme.
Tom Sheahan
Question:259 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food the timeframe regarding payment of single farm payments. [33103/08]
While under the EU regulations governing the Single Payment Scheme, the earliest date payments may issue is 1 December of the scheme-year concerned, provision is also made for payments to be made earlier, subject to EU approval. Prompted by the very wet summer, which seriously affected farming, I approached the Agriculture Commissioner seeking agreement to an early advance 50% payment, in line with arrangements agreed for the 2007 scheme. I am pleased to say that the necessary approval was readily forthcoming and payments are now scheduled to begin issuing on 16 October, the earliest date possible, it being the first day of the new EU financial year. Balancing payments will begin to issue as and from 1 December.
Tom Sheahan
Question:260 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Kerry will receive payment of a grant in respect of a slatted unit. [33104/08]
The claim for payment lodged by the person concerned under the Farm Waste Management Scheme is being processed by my Department. I would expect that payment will be made in the near future provided that the claim is in compliance with the terms and conditions of the Scheme.
Paul Connaughton
Question:261 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the anxiety and financial hardship that will be created for many farmers if the 31 December 2008 deadline for completion of work under the farm waste management scheme is not extended, that hundreds of concrete manufacturers will be severely penalised if this scheme is not extended, the number of other jobs that will be lost in rural areas and in view of the success of the scheme; if he has brought the matter of an extended deadline to the attention of the European Commission; and if he will make a statement on the matter. [33126/08]
The deadline of 31 December 2008 for completion of work by farmers under the revised Farm Waste Management Scheme introduced by my Department in March 2006 is a condition of the EU state aid approval for the Scheme. The European Commission has since reaffirmed that it expects Ireland to respect strictly this deadline.
Paul Connaughton
Question:262 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the grant aid approved to date on the 40% farm improvement scheme; if the €79 million allocated to the scheme will be sufficient to approve all projects up to the cut-off date of 21 October 2007; if farmers who had their application in before 1 November 2007 can expect approval for their projects; and if he will make a statement on the matter. [33129/08]
The Farm Improvement Scheme was introduced by my Department in July 2007 with funding of allocation of €79 million was provided for the Scheme in the 2006 Partnership agreement, Towards 2016, and the Scheme was suspended on 31 October 2007 as applications received had reached this level of funding. Applications received up to 21 October 2007 are now being processed by my Department and the funding of €79 million is sufficient to enable approvals to be issued for these applications.
Departmental Correspondence.
Sean Sherlock
Question:263 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the number of complaints to his Department regarding factories based in Nobber, County Meath; the procedures in place for responding to these complaints; and if he will make a statement on the matter. [33138/08]
Manufacturing premises, factories and other such establishments may be subject to regulation by a variety of public bodies, including for example Local Authorities, the Environmental Protection Agency and other agencies including my Department in some instances.
From time to time my Department receives complaints in relation to a range of matters concerning a wide variety of establishments, including establishments under the supervision of the Department. It would be inappropriate for me to comment on the number of complaints, if any, received relating to a specific geographic area of the country. In general however I can assure the Deputy that there is a formal procedure for handling complaints and that all complaints received are investigated thoroughly.
Complaints should initially be made to the senior officer in charge of the area to which the problem relates. If a customer is not satisfied with the response received, the complaint can be pursued with my Department's Quality Service Officer. This can be done in person, by telephone or in writing to the Quality Service Unit, Department of Agriculture, Fisheries and Food, Grattan Business Centre, Dublin Road, Portlaoise, Co Laois — telephone 057 86 94331.
The Quality Service Officer will have the complaint fully and impartially investigated by an officer who was not involved in the matter giving rise to the complaint. Complaints to the Quality Service Officer are recorded and monitored to identify areas requiring improvement. If customers remain unhappy with the outcome of their complaint, they can appeal or make a complaint to the Office of the Ombudsman.
Grant Payments.
Michael Ring
Question:264 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Mayo who has been approved grant assistance under the farm waste management scheme. [33139/08]
The claim for payment lodged by the person concerned under the Farm Waste Management Scheme is being processed by my Department. I would expect that payment will be made in the near future provided that the claim is in compliance with the terms and conditions of the Scheme.
State Examinations.
Brian Hayes
Question:265 Deputy Brian Hayes asked the Minister for Education and Science the number of students who sat the 2008 leaving certificate examinations who sought a re-check from the State Examinations Commission; and the number awarded a change in grade in each subject in respect of the number of re-checks that were processed; and if he will make a statement on the matter. [33012/08]
The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including determining procedures to enable the review and appeal of results of examinations at the request of candidates. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you. It should be noted that this type of data is normally made available publicly by the Commission each year when the appeals have been processed, usually around mid October.
Schools Building Projects.
Brian Hayes
Question:266 Deputy Brian Hayes asked the Minister for Education and Science the position regarding the new school promised for Rathcormac, County Cork; when it is envisaged that this school will be built; the cost to his Department of renting the ten portacabins that are used to accommodate pupils in the school; and if he will make a statement on the matter. [33013/08]
The application for a new school is at an early stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.
The annual rent costs for the prefabs at the school to which the Deputy refers is €83,777.00. My Department contributes 95% towards the cost of rental of temporary accommodation for primary schools with permanent recognition, where the need for additional accommodation has been established. The school authority will pay a local contribution of the balance of 5% subject to a maximum local contribution of €3175 in the financial year January to December.
Teacher Training.
Brian Hayes
Question:267 Deputy Brian Hayes asked the Minister for Education and Science if research has been undertaken by his Department in conjunction with the colleges of education to determine whether those students who come into the colleges of education from a Gaeltacht background end up teaching in schools within or outside of the Gaeltacht area; his views on ascertaining this information if it is not already to hand in view of the existing points differential requirement for Gaeltacht and non-Gaeltacht students who wish to enter the various colleges of education; and if he will make a statement on the matter. [33014/08]
Provision is made for up to ten per cent of the teacher training places in the Colleges of Education to be reserved for Gaeltacht applicants. This special entry competition for persons from the Gaeltacht is in accordance with Government policy for the support and promotion of the Gaeltachtaí and of the use of the Irish language as a community language. In order to achieve these objectives, it is essential to have a supply of fluent speakers of Irish teaching in Irish-medium schools. Given the fewer numbers of Gaeltacht applicants, points required for admission as a Gaeltacht applicant may be lower than otherwise required. However it is important to note that Gaeltacht applicants who secure places do not necessarily have lower points than other applicants.
There is no data available to support a precise estimate of the number of teachers in Gaeltacht schools who are originally from the Gaeltacht. To establish this with any degree of certainty would require a survey of teachers in Gaeltacht schools, which I do not envisage carrying out at present.
Teaching Qualifications.
Brian Hayes
Question:268 Deputy Brian Hayes asked the Minister for Education and Science the number of teachers in the primary school sector who have a masters degree; the number of teachers in the post-primary school sector who have a masters degree; and if he will make a statement on the matter. [33015/08]
Two thousand five hundred and twenty six teachers employed in Secondary and community/Comprehensive schools and eighteen hundred and nine teachers in primary schools are currently in receipt of a Masters Degree allowance. The information in relation to teachers employed by VECs is held by them individually and is not available in my Department.
School Services Staff.
Brian Hayes
Question:269 Deputy Brian Hayes asked the Minister for Education and Science the number of primary schools which do not have recourse to a school secretary; and if he will make a statement on the matter. [33016/08]
My Department provides funding towards the cost of secretarial and caretaking services in all recognised primary schools under two separate schemes. One scheme is the 1978/79 scheme for the employment of full-time secretaries and caretakers in primary schools, under which my Department meets the full cost of salary. This scheme is being phased out as posts become vacant and no new posts are being created. This scheme has been superseded by a more extensive grant scheme referred to as the Ancillary Services grant.
The amount of funding under the Ancillary Services grant to an individual school is determined by the enrolment in the school. The current rate of grant is €151.50 per pupil with a minimum threshold of €9,090 for schools with less than 60 pupils. The scheme is flexible by nature, giving Boards of Management discretion as to the manner in which secretarial and caretaking services are provided. My Department is not aware of which way individual schools choose to utilise the grant in terms of a breakdown between the provision of secretarial and/or caretaking services.
Grant Payments.
Brian Hayes
Question:270 Deputy Brian Hayes asked the Minister for Education and Science the number of the grants administered by his Department to primary and post-primary schools that are available to schools on-line, whereby the application itself is submitted electronically to his Department; the number of grants not available through this method; and if he will make a statement on the matter. [33017/08]
Grants to schools are paid electronically into individual school bank accounts. The main grants are calculated and paid based on the annual enrolment returns from schools. This helps to ensure that the administrative burden for schools for the payment of these grants is kept to a minimum. My Department does not have an on-line facility for the application process for grants. My Department uses an on-line facility for the payment of substitution for teachers and special needs assistants and also for the recording of their absences.
Adult Education.
Richard Bruton
Question:271 Deputy Richard Bruton asked the Minister for Education and Science if there is a scheme to support a person who is in low paid employment or self-employment to study to do a leaving certificate in order to improve their chances of better employment; and if he will make a statement on the matter. [33027/08]
The Back to Education Initiative (BTEI) provides an opportunity for adults to combine a return to learning with family, work and other responsibilities. Programmes are offered on a part-time basis: in the mornings, afternoons, evenings or at weekends. Courses from FETAC Levels 1 to 6, including the Leaving Certificate, are offered. Since its inception in 2002, funding for the BTEI has increased from just over €6m in 2002 to €18m in 2007. With effect from 1 September 2007, BTEI eligibility criteria were amended to allow free tuition to any adult with less than upper second level education. Originally only people with a social welfare entitlement or medical card were entitled to free fees. BTEI participants can also avail of guidance and childcare supports.
Site Acquisitions.
Joan Burton
Question:272 Deputy Joan Burton asked the Minister for Education and Science the status of the second level school which is to be provided for Castleknock, Dublin 15; if it is to be known as Luttrellstown Community College; if the land has been acquired for the school; if sanction has been given by his Department for the building of the school; if the school will be available for September 2009; and if he will make a statement on the matter. [33028/08]
Leo Varadkar
Question:291 Deputy Leo Varadkar asked the Minister for Education and Science when he will make a public announcement of his decision to establish a new secondary school in the Castleknock-Porterstown area. [33153/08]
I propose to take Questions Nos. 272 and 291 together.
My Department is aware of a need for further post primary provision in the Dublin 15 area. As the Deputy may be aware, the Department intends to acquire sites in the Dublin 15 area for the purposes of providing additional school places. Due to the commercial sensitivities attaching to site acquisitions generally, the Deputy will appreciate that I am not in a position to comment on the details of the matter until such a time as the acquisitions have been completed. The matter of Patronage of the next new post primary school for Dublin 15 is under consideration.
Schools Recognition.
Joan Burton
Question:273 Deputy Joan Burton asked the Minister for Education and Science if he will sanction a gaelscoil for the Tyrellstown area, Dublin 15; and if he will make a statement on the matter. [33029/08]
The Department was made aware of proposals to establish a new Gaelscoil to serve Tyrrellstown/Hollystown in August 2008. A formal 'Notification of Intent' to establish this new school was received from the proposed Patron, An Foras Patrunachta in September 2008. However, as the Deputy will be aware, I announced a review of the procedures for recognising primary schools on 14th September last. I also announced that for the interim period it is not planned to recognise any new primary schools except those in developing areas where there is a clear need demonstrated for such schools. The application to establish a new Gaelscoil to serve Tyrellstown/Hollystown will be considered in this context.
School Accommodation.
Michael Kennedy
Question:274 Deputy Michael Kennedy asked the Minister for Education and Science if he is aware that accommodation for a full class of junior infant boys at a school (details supplied) in County Dublin for September 2009 has not been sanctioned by his Department; when the additional class will be sanctioned; and if he will make a statement on the matter. [33031/08]
The school to which the Deputy refers has applied for an extension. It has a band rating of 2. The progression of this project will be considered in the context of the capital budget available to my Department for school buildings generally. In light of the many competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for this project to commence architectural planning and appointment of Design Team.
It is open to the Board of Management to apply to the Department for a temporary classroom for the school year commencing September 2009.
Schools Building Projects.
Michael Ring
Question:275 Deputy Michael Ring asked the Minister for Education and Science if money has been sanctioned for a project (details supplied) in County Mayo; if that project is going ahead; if it is going out for tender; and if he will make a statement on the matter. [33037/08]
I am pleased to inform the Deputy that the project in question has been sanctioned and my Department has contacted Co. Mayo VEC authorising them to progress the project. As the Deputy will be aware, from February 2008 all Capital Works Projects must use the new GCCC Forms of Construction Contracts for Public Works and, as a result, Co. Mayo VEC have been informed that the project at Davitt College will have to be re-entered.
School Patronage.
Paul Nicholas Gogarty
Question:276 Deputy Paul Gogarty asked the Minister for Education and Science the statutory basis upon which Educate Together is being denied the status of patron of a post-primary school in view of the fact that there is no distinction in the Education Act 1998 between primary and post-primary patrons and Educate Together is recognised as a patron of schools; and if he will make a statement on the matter. [33065/08]
Joe Costello
Question:283 Deputy Joe Costello asked the Minister for Education and Science if he will introduce legislation to enable Educate Together, which is celebrating its 30th anniversary providing primary education in 56 schools, to register as a patron of second level schools; and if he will make a statement on the matter. [33089/08]
I propose to take Questions Nos. 276 and 283 together.
I am currently considering a number of issues relating to the patronage of second-level schools and the matters raised by the Deputies will be considered in that context.
Departmental Statistics.
Ruairí Quinn
Question:277 Deputy Ruairí Quinn asked the Minister for Education and Science, further to Parliamentary Question No. 1784 of 24 September 2008, the reason his Department does not have a readily accessible format in which to produce statistics to answer this Deputy’s initial question; his plans to establish statistics on this matter which are presentable in a readily accessible format; when such a format will be ready; the way it may be accessed; and if he will make a statement on the matter. [33070/08]
While comprehensive information on the use of temporary accommodation is held on individual school files, my Department does not have a central database of those schools that are currently fully accommodated in prefabricated accommodation. The Department examines all applications for additional accommodation on an individual basis to determine if the need exists in the first instance. My Department is satisfied that comprehensive information is available on individual records held on individual school files.
It is the general practice of my Department not to provide permanent accommodation for schools which have only received temporary recognition. When the school receives permanent recognition, it is then open to the school to apply for funding for permanent accommodation. In the meantime, some new schools are accommodated in prefabricated buildings, while others rent permanent premises. As the Deputy will be aware, the current programme of investment in school buildings under the current National Development Plan will see a significant increase in the provision of permanent school accommodation, which will reduce the number of schools wholly accommodated in rented accommodation.
Third Level Education.
Ruairí Quinn
Question:278 Deputy Ruairí Quinn asked the Minister for Education and Science, further to Parliamentary Question No. 1835 of 24 September 2008, if he is satisfied that the universities in the third level sector who reported substantial deficits are not at risk of foreclosure or other threats to their stability and that they have adequate insurance to cover all liabilities; and if he will make a statement on the matter. [33071/08]
The Universities Act, 1997, confers autonomous statutory responsibilities on universities in relation to the day to day management of their affairs. It is a matter for each university to manage their financial resources and to take the necessary steps to ensure that expenditure is kept within the approved budget. I understand from the Higher Education Authority (HEA), which is the statutory planning and development body for higher education and research in Ireland and is the funding authority for the universities, that it is in continuing correspondence with the universities in relation to deficits and it is satisfied that they are taking action to address any such deficits.
Ruairí Quinn
Question:279 Deputy Ruairí Quinn asked the Minister for Education and Science, further to Parliamentary Question No. 1693 of 24 September 2008, if funding for the university sector and the third level sector here has fallen as a percentage of GDP or GNP between 1998 and 2007; the details of same; and if he will make a statement on the matter. [33072/08]
Expenditure on tertiary educational institutions, including universities, from public sources amounted to 1.38% of GNP in 1998. In 2007 similar expenditure amounted to 1.25% of GNP. There have been substantial improvements in the funding of higher education in recent years. Overall provision to the third level sector (capital, recurrent, student grants etc) amounted to some €1.5 billion in 2004, some €1.9 billion in 2007 and some €2 billion in 2008. This is an increase of over 33% since 2004 and an increase of over 111% since 1998 levels when funding to the sector was some €949m.
In recent years, recurrent funding allocated specifically to the University sector has increased from €631 million in 2004 to some €790 million in 2007 and to some €831 million in 2008. It represents an increase of some 32% since 2004 and an increase of some 118% since 1998 levels. This excludes separately provided programmes of funding for capital, for research and development and from the Strategic Innovation Fund.
Joanna Tuffy
Question:280 Deputy Joanna Tuffy asked the Minister for Education and Science if his attention has been drawn to the fact that there are vacant places through the Central Applications Office in third level colleges here in more than 100 courses including science, engineering, business and law courses; the steps he is taking to ensure that these vacant places are filled; if he will ensure that colleges try to fill these vacant places with unemployed persons or persons who can be equipped to participate in a knowledge based economy; and if he will make a statement on the matter. [33073/08]
Joanna Tuffy
Question:281 Deputy Joanna Tuffy asked the Minister for Education and Science the information provided to his Department by universities and third level colleges each year updating his Department as to the numbers of places that have been left vacant in those colleges; and if he will make a statement on the matter. [33074/08]
I propose to take Questions Nos. 280 and 281 together.
Higher-education institutions do not routinely provide information to my Department or the HEA on vacant places. At this time of year, the issue of vacant places is very fluid due to the efforts made by institutions and the CAO to fill such places. Annual returns to the HEA suggest that the overall number of vacant places is going down and in a number of cases CAO points requirements have also lowered. An increasing number of students are now opting to enrol on higher-level programmes such those at level 8 of the national qualifications framework. As a result, there has been an increase in vacant places at level 6 of the framework.
Substantial efforts are made to fill vacant places. Available/Vacant place courses are advertised on the CAO website where unfilled places are available in a course. The institutions concerned continue to try and fill these places until the end of the CAO season (October 15th). Offers of places are made to eligible applicants at the earliest opportunity in order to fill such available places in order to commence the courses as early as possible. Many institutions advertise in newspapers and on local radio and encourage anyone interested in pursuing a course to apply. Places are available to all categories of applicants, unemployed, those requiring re-training and even applicants who have accepted a course elsewhere where such a course is more appealing to them. Provided an applicant is eligible, most are usually offered with 7 days of applying. Those applicants presenting non-standard qualifications are advised to contact the Admissions Office of the Institution concerned prior to application to seek advice on the application process.
Attracting students to programmes in the areas of science and engineering continues to be a challenge and ultimately decisions are a matter for students themselves. However efforts continue to be made to encourage uptake in these areas and to improve access for people who have not previously benefited from higher education. As one such example, the HEA and higher education institutions are currently investigating opportunities for the transfer of students previously enrolled on apprenticeship programmes into higher education. The Strategic Innovation Fund has also provided support for initiatives such as the Cork Institute of Technology led Education in Employment project which is developing frameworks for work-based learning and the recognition of prior learning as a means of improving access to higher education.
Schools Building Projects.
James Bannon
Question:282 Deputy James Bannon asked the Minister for Education and Science the position regarding the commencement date for a new building in respect of a school (details supplied) in County Longford, which after 40 years was given the go-ahead in November 2006, but the work has yet to commence; and if he will make a statement on the matter. [33083/08]
An application for capital funding towards the provision of a new school building has been received from the school referred to by the Deputy. The commencement and progression of all large scale building projects, including this project, will be considered in the context of my Department's Multi-Annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of this project at this time.
Question No. 283 answered with Question No. 276.
Ciaran Lynch
Question:284 Deputy Ciarán Lynch asked the Minister for Education and Science when the building of a new school (details supplied) in County Cork will commence; and if he will make a statement on the matter. [33099/08]
The project to which the Deputy refers is currently at an early stage of architectural planning. A stage 2A submission has been received by my Department and is currently being reviewed and evaluated. The progression of all large scale building projects, including this project, will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of this project at this time.
Ciaran Lynch
Question:285 Deputy Ciarán Lynch asked the Minister for Education and Science when construction of a new national school at Ballygarvan, County Cork will be completed; if his attention has been drawn to the conditions pertaining to the existing premises; and if he will make a statement on the matter. [33100/08]
The school to which the Deputy refers to has an application for a new school on a new site with the Department. A suitable site has been identified for the school in question. The site comprises of three plots of land with three separate vendors. Officials from my Department are in contact with key stakeholders with a view to exploring the options open to advancing the proposed acquisition. The progression of this project will be considered in the context of the capital budget available to my Department for school buildings generally.
In light of the many competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the acquisition of the site at this time followed by progression of the project. In the meantime temporary accommodation for the school has been approved by my Department as an interim measure to facilitate increased enrolments for Sept 2008.
Pat Rabbitte
Question:286 Deputy Pat Rabbitte asked the Minister for Education and Science the reason works at a school (details supplied) in Dublin 6W scheduled to start in June 2008 did not commence; when these works will commence; and if he will make a statement on the matter. [33107/08]
The school to which the Deputy refers is at an advanced stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.
School Staffing.
Pat Breen
Question:287 Deputy Pat Breen asked the Minister for Education and Science when he expects the national redeployment scheme, which was agreed as part of the national agreement Towards 2016, to be implemented; and if he will make a statement on the matter. [33117/08]
As part of the modernisation agenda for teachers under the Social Partnership Agreement Towards 2016 it was agreed to address the issue of redeployment of surplus teachers. Discussions on the arrangements that would apply in the case of second level schools commenced under the auspices of the Teachers Conciliation Council in March 2007. It was initially agreed that the discussions would take place in a sequenced manner and that the first issue to be discussed was the arrangements that would apply in the case of school closures. Those arrangements were agreed and have been implemented with effect from the end of the 2006/2007 school year.
Discussions have now focused on agreeing arrangements that will apply in the case of teachers that become surplus in situations other than school closure such as changing enrolments or changed course or subject provision at individual school level. The arrangements when agreed will be implemented in a timely manner in accordance with the provisions of the Towards 2016 Agreement. In the case of primary schools the existing redeployment arrangements which were updated in May 2005 are currently under review.
Pat Breen
Question:288 Deputy Pat Breen asked the Minister for Education and Science, further to Parliamentary Question No. 295 of 25 September 2008, if he will meet a delegation comprising the four Clare Members of the Oireachtas, school representatives and representatives of the board of management of a school (details supplied) in County Clare at the earliest opportunity; and if he will make a statement on the matter. [33118/08]
The allocation of teaching resources to second level schools has operated on the basis of a well established allocation process based on transparent allocation rules, with an independent appellate process available to schools. In the interest of fairness and consistency for all schools it has been established practice that schools deal with Department officials and the Independent Appeals Committee in relation to the allocation of teaching resources rather than have one or more schools seeking direct access to the Minister to plead a special case. I am concerned that if I were to meet directly with this school or with members of the Oireachtas that I would in effect be prejudicing the future effectiveness of the independent appellate process.
The school authorities recently requested a meeting with Department officials and this meeting has been scheduled for next Monday. I believe this is a more appropriate approach and will provide the school authorities with an opportunity to clarify how they propose to plan future subject provision at the school.
Schools Refurbishment.
Phil Hogan
Question:289 Deputy Phil Hogan asked the Minister for Education and Science if he has received an application for emergency funding in respect of a school (details supplied) in County Carlow for the replacement of windows; the status of the application; if he will take into account documentation relating to the application from An Garda Síochána and local fire services; when a decision will be made on this application; and if he will make a statement on the matter. [33141/08]
The school referred to by the Deputy applied for funding for replacement of windows under the emergency works scheme. Generally emergency works grants are made available to schools most in need of resources as a result of unforeseen emergencies of a capital nature that may arise during the school year. The application from the school was assessed in my Department. However, in light of the large number of projects seeking funding under this scheme from the budget allocated, it was not possible to provide funding to the school at this time.
School Transport.
Frank Feighan
Question:290 Deputy Frank Feighan asked the Minister for Education and Science the action he is taking to ensure students (details supplied) in County Roscommon are facilitated. [33151/08]
Bus Éireann, which operates the school transport service on behalf of my Department, has been asked to provide a detailed report on the case referred to by the Deputy in the details supplied. When the report is received and considered, my Department will advise the families of the position.
Question No. 291 answered with Question 272.
Higher Education Grants.
Richard Bruton
Question:292 Deputy Richard Bruton asked the Minister for Education and Science the earnings index and the price index used in adjusting the value of the maintenance grant and the income thresholds of higher education grants; and the estimated cost in 2009 of raising levels and thresholds by 4.5% for the 2009/10 academic year. [33165/08]
It has been my Department's practice in recent years to increase the reckonable income limits under the maintenance grant schemes in line with movements in the average industrial wage. The income limits for the academic year 2008/2009 for the standard rate of maintenance grant have been increased by 2.8% on the basis of the increase in the average industrial wage for the period September 2006 to September 2007. Increasing the reckonable income limits in line with the average industrial wage is regarded as being essentially cost neutral.
In relation to the rates of maintenance grant, the practice in previous years was to track increases in the consumer price index. It is estimated that an increase of 4.5% in the level of the standard maintenance grant would involve an additional full-year cost of approximately €2.1m based on our estimated number of grantholders.
Third Level Charges.
Richard Bruton
Question:293 Deputy Richard Bruton asked the Minister for Education and Science the value of the registration fee which applies in the universities and institutes of technology. [33166/08]
The student services charge is levied by third level institutions to defray the costs of examinations, registration and students services. The charge agreed with the department for the current academic year is €900. All students who are eligible for means tested student support have the student charge paid on their behalf by the Local Authorities or the Vocational Education Committees, in addition to any maintenance grant and tuition fee grant they are entitled to. The student services charge is collected by each individual institution and my department does not have data on the overall value of the charge for the current academic year.