Fáilte romhat an tAire Stáit.
Adjournment Matters
Shannon Airport Facilities
Cuirim fáilte roimh an Aire Stáit. Tá mé ag ardú ceist aoradh Margaretta D'Arcy, atá i mbéal an phobail le seachtain anuas. The question I pose has come more into the public domain this week owing to the incarceration of Margaretta D'Arcy. She is a peace activist, member of Aosdána, an artist and film maker. She has been sent to Limerick Prison for three months on foot of a court decision that her protests at Shannon Airport were illegal. She contested its decision and was sent to prison owing to her refusal to to sign a bond agreeing not to protest again at Shannon Airport. I call for her release. She should not have been incarcerated in this manner. The forces of the State could have been deployed in a better manner rather than imprisoning a 79 year old woman who has cancer and Parkinson's disease. She has been a lifelong peace activist and for many years has highlighted the illegality of aircraft using Shannon Airport as a stopover. She is part of the Shannon Watch campaign. Many other groups have also drawn attention to the fact that aeroplanes land at Shannon Airport with military personnel on board. Other reports claim that military equipment has been carried on the aeroplanes and there have been rendition flights through Shannon Airport, etc.
I tabled a motion to draw attention to the issue of the Government allowing foreign armies to use the civilian airport at Shannon as a stopover on their way to wage war and those aeroplanes were suspected of being involved in extraordinary rendition. In 2006 Deputy Eamon Gilmore, now the Tánaiste, to whom I posed the question, was a member of a Council of Europe committee that examined the issue and reached the conclusion that rendition flights took place at Shannon Airport. At that stage he said "not knowing is not good enough." He also talked about the fact that he was being told by the Government of the day that there were no inspections and no evidence to prove that this was happening. There was no evidence because inspections did not take place and the Council of Europe has also stated it. We also had the Wikileaks documents in which the Tánaiste's predecessor, former Deputy Dermot Ahern, admitted he knew about these flights. We have also seen evidence in a New York court case that indicated that Shannon Airport was used for torture flights. The Shannon Watch groups has also presented a lot of documentation on the flights that pass through Shannon Airport that point to its misuse.
We have been given assurances in parliamentary answers that the US Government has assured us that there is nothing untoward going on. I also note that in February 2008 Ed Miliband had to tell the UK Parliament that, "Contrary to earlier explicit assurances that Diego Garcia had not been used for rendition flights, recent US investigations have now revealed two occasions, both in 2002, when that had in fact occurred." The US Government does not have a good track record in telling the truth on these issues. The matter is within the remit of the Tánaiste and he has campaigned against this happening. I commend the President's wife, Ms Sabina Higgins, for visiting Margaretta D'Arcy in Limerick Prison.
There is often fog at the airport and no way through it.
What is the Government's policy on the matter? When will it take action? When will it carry out inspections at Shannon Airport? How many aeroplanes have been stopped and searched during the term of the Government? What action has been taken to act on the reports by the Council of Europe, Amnesty International, etc., to ensure Ireland's neutrality is sacrosanct?
There has been a lot of talk about economic sovereignty.
Sovereignty, when it comes to neutrality, is extremely important to the people, with many wanting it copperfastened as they have fears around the militarisation of the European Union. We need to be strong on these issues. If we are to be very much a part of UN peacekeeping forces, we need to practice human rights on our own soil. A key part of that is to intervene in Shannon Airport and stop what is going on in a covert way.
I welcome the opportunity to set out clearly Government policy on the use of Shannon Airport for the legitimate purpose of stopovers by foreign military aircraft. The Air Navigation (Foreign Military Aircraft) Order 1952 gives the Minister for Foreign Affairs primary responsibility for the regulation of activity by foreign military aircraft in Ireland. Permission to land at Irish airports, including Shannon Airport, is subject to the condition that the aircraft are unarmed, carry no arms, ammunition or explosives, do not engage in intelligence gathering, and that the flights in question do not form any part of military exercises or operations.
The arrangements governing overflights and landing of foreign military aircraft have been continuously in place under successive Governments for more than 50 years. Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order 1973, as amended in 1989, civilian aircraft are prohibited from carrying weapons or munitions over Ireland or into Irish airports unless they receive an exemption from my colleague, the Minister for Transport, Tourism and Sport. There are no exceptions to these rules.
In 2013 the Department granted permission for the landing of 541 foreign military aircraft at Shannon Airport. Permission was granted in all cases subject to the normal conditions that apply. In the vast majority of cases, military aircraft used the landing facilities at Shannon Airport for the purposes of refuelling and to allow for crew and passenger rest. In a small number of cases, aircraft landed in Shannon Airport to allow for the transport of dignitaries or other persons participating in visits to Ireland, as a result of medical emergencies on board, for flight crew training and for aircraft maintenance purposes.
The Tánaiste has stated categorically on numerous occasions that the use of Irish airspace and airports for extraordinary rendition operations has not, and will not, be permitted under any circumstance. The programme for Government states clearly the Government "will enforce the prohibition of the use of Irish airports and related facilities for purposes not in line with the dictates of international law". Ireland does not, and will not, tolerate the use of our airspace or airports for any illegal purpose, including torture, rendition or the unauthorised detention of any individual.
There is no new information or evidence to support any assertion that Ireland has permitted such activity or that any person has ever been subjected to extraordinary rendition through Irish airspace and airports. It has been made clear by the current Government and previous Governments that such activity would be considered completely unacceptable and illegal by Ireland.
The assurances the Government has received from the US authorities are specific that prisoners have not been transferred through Irish territory, nor would they be without our permission. These assurances have been confirmed at the highest level. The assurances are of a clear and categoric nature, relating to facts and circumstances within the full control of the US Government and are the result of inter-agency consultation. The Government is satisfied that it is entitled under international law to rely on these assurances, which have been repeatedly given to us by the US Government and repeatedly accepted by Governments for more than 50 years. In this context, it is considered that all reasonable, appropriate and adequate measures have been and are being taken to ensure Irish airports are not being used for any unlawful activity. No evidence has ever been produced, nor any concrete allegation made, at any point that any person has ever been subject to extraordinary rendition through Ireland. If the Senator or any other citizen has evidence to this effect, details should be provided for An Garda Síochána to allow for a thorough investigation.
This is the verbatim statement given for the past ten to 15 years on this issue and it is simply not acceptable. I do not accept US assurances that there is no issue because, as we saw in the case of the telephone tapping of dignitaries around the world, it told us one thing but another was happening. This is a sovereign state and if there is nothing to hide on these US aeroplanes, why will it not let gardaí inspect them? It is not for me, as an individual or as a citizen, to find this information because I am not allowed onto the runway in Shannon Airport or to inspect an aeroplane, which is what needs to be done. How many inspections of these US aeroplanes landing in Shannon Airport has An Garda Síochána undertaken? If they have not been undertaken, why not? If the United States has nothing to hide, why will it not let the Garda inspect these aeroplanes?
The Government is completely opposed to the practice of so-called extraordinary renditions. The Tánaiste has made it very clear that any person with credible information that Irish airports have been used for any alleged unlawful purposes should immediately report his or her concerns to An Garda Síochána which is responsible for investigating such matters. On the basis of such reporting or any other information where the Garda Síochána reasonably suspects an offence is being committed, statutory powers of entry and arrest are available, subject to international law. That is a fact. Where complaints of alleged unlawful activity concerning the use of Irish airports have been made to An Garda Síochána, investigations have ensued and, where appropriate, files have been submitted to the Director of Public Prosecutions. However, in every one of these cases, no further action was found to be warranted owing to a lack of any evidence of any unlawful activity.
Property Taxation Collection
The Minister of State will be aware the closing date for every householder to indicate how he or she intended to pay his or her local property tax was 29 November last. People who wanted to pay their local property tax through their social welfare payments indicated that online and the system accepted that it would be deducted from a widow's contributory pension. However, three weeks into the new year and approximately eight weeks since the closing date, widows received a letter from the Revenue Commissioner telling them that as long as they were in receipt of the widow's contributory pension, deduction at source was not an option for them. They were asked to go online again and choose any other method of payment other than deduction at source but the local property tax could not be deducted from their widow's pension, their wages if they were working or a private pension.
I cannot understand why it took eight weeks to notify the people concerned or why the local property tax cannot be deducted from the widow's contributory pension. The Minister for Social Protection told us the local property tax could be deducted from social welfare payments. I tried to include jobseeker's benefit in the list of options, but the Minister said that was not possible because it was a short-term payment. The widow's contributory pension could not be considered a short-term payment. I am dealing with a number of people, one of whom is in her late 80s and she is unlikely to change her status at this stage of her life. I await the reply from the Minister of State.
I am taking this Adjournment debate on behalf of the Minister for Social Protection, Deputy Joan Burton, who apologises to the Senator for being unable to take it herself as she is at a committee meeting dealing with the Estimates.
The Senator will be aware that the local property tax legislation allows for a person who is liable for the local property tax and in receipt of certain social protection payments to have local property tax deducted from his or her payments.
The Revenue Commissioners have agreed with the Department of Social Protection on a facility for the deduction at source of this tax from a large number of schemes. This includes the widow's, widower's and surviving civil partner's contributory pension. Deduction of the local property tax, LPT, from Department of Social Protection payments commenced in July 2013. With effect from 17 January 2014, 19,770 customers are having deductions for local property tax from their payments under social protection schemes. I can advise the Senator that 4,283 of those are on a widow's, widower's or surviving civil partner's contributory pension. To maintain statutory minimum income and to ensure a customer is left with enough resources to live on, the Finance (Local Property Tax) Act 2012 provides that deductions from social welfare payments in respect of the local property tax will not breach the statutory minimum income guarantee as set out in the Social Welfare Consolidation Act 2005. That rate is currently set at €186 per week. The maximum personal rate of pension for someone under age 66 on a widow's, widower's or surviving civil partner's (contributory) pension is currently €193.50: thus only €7.50 per week can legally be taken from this payment in order not to bring the recipient below the basic social assistance personal rate of €186 per week. That appears to be the issue.
For those aged 66 years and above with a maximum pension of €230.30 per week, the total amount that can be deducted is €44.30. This amount is calculated after a deduction is made for recovery of any existing court orders or social protection overpayments and is based on the primary personal rate only. Secondary payments which cover specific benefits are not taken into account in determining whether a claimant's scheme payment is greater or less than €186 per week.
There were 16 additional requests for deductions from this particular scheme which were not implemented as to do so would have the customer's welfare payment below the basic social assistance rate. In these cases the customer would have been advised by the Revenue Commissioners to choose another method of payment. The Revenue Commissioners have advised that no penalties will be applied to those who signed up for the deduction at source facility from their social welfare payments and where the deduction was not accepted. However, a penalty may apply if an alternative payment arrangement is not made by the customer. The Minister for Social Protection appreciates the convenience for social welfare recipients of having the deduction facility in place, but her overriding obligation is to have safeguards which ensure a customer is not left without sufficient income. The Minister is reviewing the implications of allowing customers to have deductions made on a voluntary basis from their welfare payment which has the effect of bringing their payment below the basic rate in some clearly defined instances.
I acknowledge the presence in the Visitors Gallery of the delegation from the cross-Border body in Northern Ireland. I welcome them to the Chamber. This is a complex area, however, with intertwined policy and legal implications, and it requires careful consideration before any final decision is made in this regard.
I thank the Minister of State for being present, but it is a pity the Minister for Social Protection, Deputy Joan Burton, was not present because I would have appreciated the opportunity to discuss the issue in more detail with her.
She is considering it.
Yes, but if a person must have a basic income of €186, how can the local property tax be deducted at source as very few people are in receipt of payments at a higher rate? I do not understand the reason it cannot be done.
Let me clarify, did the Minister of State say only 16 cases in Ireland-----
Disallowed. I was referring to 16 other types of payment.
I apologise. I thought the Minister of State had said this facility had been disallowed in the case of 16 widows in total, which is a very small number to be disallowed. The point I was about to make was that all of these widows had to be in my constituency. The number who have come to me would almost add up to that number. This is an issue that needs further discussion. In one of the cases I am dealing with, a widow who is in receipt of payments for her three children - her payment is above €186 per week - has chosen to pay her property tax from the widow's pension. We should be glad when people are willing to pay their property tax. We should make it as convenient as possible for them to do so, not put obstacles in their way. It is three weeks into the new year and these social welfare customers cannot have their property tax deducted at source.
In the speech circulated the Minister of State did not refer to any other payment. I brought this issue to the attention of the Minister for Social Protection because people had come to me to deal with the matter. There are people on other social welfare payments who are encountering the same problem, but there is no reference to them in this reply, with which I am not happy. I know the Minister of State said the Minister was considering it, but she will not have it done in time for this year.
I called for a debate on the issue but was advised by the Leader to table an Adjournment matter. I am not happy with the reply and reiterate my call for the Minister for Social Protection to come to the Chamber for a debate on the issue. I know this is not part of the portfolio of the Minister of State, Deputy John Perry, but I thank him for coming to the House to take this Adjournment matter.
I may be able to allay some of the Senator's concerns. Ten payments are included: the contributory State pension, the non-contributory State pension, widow's, widower's or serving civil partner's contributory pension, widow's, widower's or serving civil partner's non-contributory pension, disability allowance, carer's allowance, the one-parent family payment, invalidity pension, State pension - transition and blind pension. Deductions from social protection payments for local property tax are made in accordance with instructions received from the Revenue Commissioners. The final point is that deductions for local property tax from social protection payments commenced in July 2013 and as of the week ending 17 January 2014, some 19,000 weekly deductions at source were being made for local property tax, giving a total of almost €110,000 per week, in comparison with the figure for the year ending 12 July 2013. Of the 19,000 people who have deductions made from their social protection payment, 4,000 are in receipt of widow's, widower's or surviving civil partner's contributory pension. The Department was unable to make deductions for a further 16 customers who requested to have deductions made from their widow's, widower's or surviving civil partner's contributory pension as their weekly personal payment was below the personal rate of supplementary allowance of €186 per week. The person whose case the Senator raises must be on an income of less than €186 per week.
She certainly is not. I know the Minister of State is reading a reply from another Department and he referred to disability allowance. The disability allowance is €188 per week and if one can deduct property tax from it, it will take the payment to under €186.
I suggest the Senator forward the particular case files to the Minister who will arrange to have every case fully investigated.
I thank the Minister of State.
The Seanad adjourned at 3 p.m. until 2.30 p.m. on Tuesday, 28 January 2014.