Written Answers Nos. 158-165
158. Deputy Éamon Ó Cuív asked the Minister for the Environment; Community and Local Government when a person (details supplied) in County Galway will be paid a Leader grant approved to them by MFG; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [39618/12]
View answerMeitheal Forbartha na Gaeltachta (MFG), the group contracted by my Department to deliver Axes 3 & 4 (LEADER) of the Rural Development Programme (RDP) in Gaeltacht Areas, went into liquidation on 7 September 2011. The legal process of winding up the company and the subsequent implications for the contractual arrangements between both my Department and MFG and between funding beneficiaries and MFG have proven very complex. As a result it has taken some time to reach a satisfactory solution that both supports the delivery of the LEADER elements of the RDP going forward and provides an acceptable system to address projects such as the one referred to in the Question.
However, I can now confirm that contract papers recently issued to Comhar Na nÓileain Teoranta in respect of the provision of Rural Development Programme services in Gaeltacht areas previously contracted to M FG for County Galway. In this context Comhar Na nÓileain will be in contact with RDP promoters shortly with regard to carrying out the necessary next steps to progress projects to completion.
159. Deputy Ray Butler asked the Minister for the Environment; Community and Local Government if he will outline in tabular format the annual salary costs for private and constituency offices of Ministers in his Department in each of the years 2009 and 2010; the same figures for any Ministers of State in his Department; and if he will make a statement on the matter. [39641/12]
View answerThe information requested is set out in the tables:
|
Year |
Minister’s Office |
Private Office Salary Costs |
Constituency Office Salary Costs |
|
2009 |
J Gormley * |
€839,682.95 |
€259,863.39 |
|
2010 |
J Gormley * |
€825,877.86 |
€210,117.24 |
* Figure for Minister Gormley’s Private Office in 2009 and 2010 includes a Programme Manager who was based in the Department of the Taoiseach.
|
Year |
Ministers of State’s Office |
Private Office Salary Costs ** |
Constituency Office Salary Costs |
|
2009 (Pre 22 April) |
M. Kitt |
€94,440.44 |
€84,418.88 |
|
2009 |
M. Finneran |
€332,610.18 |
€163,934.53 |
|
2010 |
M. Finneran |
€309,210.63 |
€176,494.32 |
** Figure include s cost of Civilian Drivers for each office for each year.
No staff were assigned to the offices of former Ministers of State Cuffe, Hoctor and Brady.
160. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on a matter (details supplied) regarding upward only rent reviews; and if he will make a statement on the matter. [39442/12]
View answer171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality having seen the evidence and effect of upward only rental difficulties in the commercial rental sector throughout the country for the past number of years, if he will consider setting up a body to which such disputes could be referred, structured along the lines of the Small Claims Court or the Labour Court with a view to allowing access for both the landlord and the tenant to seek an accessible and inexpensive resolution by way of arbitration in view of the on-going difficulties that continue to present in this connection; and if he will make a statement on the matter. [39588/12]
View answerI propose to take Questions Nos. 160 and 171 together.
Section 132 of the Land and Conveyancing Law Reform Act 2009 prohibits upward only rent reviews in respect of leases entered into on or after 28 February 2010. Following extensive consideration of this matter, the Government announced in December last that it had decided not to proceed with legislation to abolish upward only rent reviews in existing commercial leases, i.e., those entered into prior to 28 February 2010. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The Government was strongly of the view that payment of compensation to landlords in such circumstances could not be justified in the current economic climate.
While legislative intervention may not be feasible, the Minister for Finance has outlined the role which NAMA can play in dealing with the problems caused by upward only rent reviews which apply to NAMA properties. NAMA has published its policy guidance which will inform the approach to be taken where relevant tenants are experiencing difficulties in paying rents. Where there is a failure to reach agreement on revised contracts the policy guidance provides an opportunity for NAMA to approve rent reductions where it can be shown that rents are in excess of market levels, and that the viability of the tenant is threatened. The policy also provides for the appointment of an independent valuer to ascertain current market rent. Where a tenant is not getting satisfaction he or she can contact NAMA directly.
There are no plans to establish an Arbitration Tribunal to deal exclusively with rent review disputes. However, there is a rent review arbitration code in being which was drawn up by a group of experts whose membership was drawn from all stakeholders in the commercial property arena. The code provides a mechanism to deal with the resolution of rent review disputes in the commercial property sector. A particular feature of the code is that it contains detailed provisions dealing with the production of comparative evidence in relation to property transactions. It also places a firm duty on all parties to disclose all relevant information which is in their possession. As matters stand, parties are free to specify that this code should apply in relation to rent review arbitrations and I would encourage all parties to make use of its provisions.
161. Deputy Catherine Murphy asked the Minister for Justice and Equality the reason there is a variance in the numbers of stationed gardaí per capita across Garda districts; his views on whether there has been a significant and consistent failure to take population growth trends into account when policing plans have been prepared and that this is the primary reason that there is a large variance in Garda resources around the country; if he will confirm that population growth trends have been taken into account for the current policing plan; and if he will make a statement on the matter. [39449/12]
View answerThe Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the Garda Síochána and the Minister has no direct role or function in that matter. In drawing up arrangements for the policing of the State each year the Commissioner and his senior management team take all relevant factors into account, including population, the geography of the areas to be policed, crime levels and trends, and policing priorities. The objective is to ensure that optimum use is made of Garda resources and the most effective policing service is provided to the public.
162. Deputy Gerry Adams asked the Minister for Justice and Equality if the Forensic Science Laboratory underwent any external reviews of its functions and staffing levels in recent years; if the proposed merger into the State Laboratory emerged as an option or a desired outcome from any of these reviews; and if he will make a statement on the matter. [39388/12]
View answerI wish to refer the Deputy to the following reports which were prepared during the last decade:
- The Kopp Report (Review of Resource Needs in the Forensic Science Laboratory and the Wider Scientific Context in Ireland) [http://www.justice.ie/en/JELR/Pages/Kopp_Review ]; and
- The Law Reform Commission's Report on the Establishment of a DNA Database [http://www.lawreform.ie/_fileupload/Reports/rDNADatabase.pdf ]
Neither of the above mentioned reports make any reference to a merger of the Forensic Science Laboratory with another body.
163. Deputy Brendan Smith asked the Minister for Justice and Equality if additional time will be given to small auctioneering firms to conclude existing business to meet with the requirements of the PSRA in view of the fact that the July deadline causes difficulties in areas such as the collection of payments for the leasing of lands where traditionally payments fall due in November or December; and if he will make a statement on the matter. [39529/12]
View answerThe Property Services (Regulation) Act 2011 repealed the Auctioneers and House Agents Acts 1947 to 1973 which previously governed the licensing of auctioneers and house agents. The new legislation provides for the establishment of the Property Services Regulatory Authority (PSRA) to licence, control and regulate Property Service Providers (i.e. auctioneers/estate agents, letting agents and management agents). The new PSRA licensing system came into effect on 6 July 2012. The date of 6 July was chosen because, since 1947 when the licensing of auctioneers and house agents was first introduced, licences fell due for renewal annually on 6 July.
Under the 2011 Act, any person wishing to engage in the provision of property services must obtain a licence from the PSRA. A person providing a property service without a licence is guilty of an offence and liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both, or on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both. A comprehensive Guide to Becoming a Licensed Property Services Provider was published in June 2012 and sent to every person holding a licence under the Auctioneers and House Agents Acts 1947 to 1973. This guide is also available on the Authority's website, www.psr.ie.
At present the PSRA is engaged in the processing of some 5,000 licence applications. To date all applications have been acknowledged. Transitional provisions under the 2011 Act provide that applicants, which would include small auctioneering firms, who have applied for a licence from the PSRA before 6 July 2012 and who previously held a licence under the Auctioneers and House Agents Acts, can continue to provide the property service concerned until their licence application has been determined. Such applicants have been advised accordingly by the Authority.
164. Deputy Niall Collins asked the Minister for Justice and Equality if he will consider the creation of a service medal for members of the Garda Reserve similar to that currently awarded to members of the Army and Naval Reserves; and if he will make a statement on the matter. [39549/12]
View answerThe Garda Síochána Act 2005 provides for the establishment of the Garda Reserve. The first intake to the Garda Reserve in Templemore Garda College was on 30 September 2006. Members of the Garda Reserve provide invaluable services to the organisation and its current strength is just over 900. I would like to place on record my appreciation of the members of the Reserve who give their time on a voluntary basis and for their ongoing commitment to the Garda Síochána. Service medals are not awarded to members of the full time force and as such the award of service medals to Reserve Gardaí does not arise.
165. Deputy Anne Ferris asked the Minister for Justice and Equality when he expects the Optional Protocol to the UN Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography to be ratified; and if he will make a statement on the matter. [39554/12]
View answerThe criminal law elements of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography have largely been implemented by the Child Trafficking and Pornography Act 1998 and the Criminal Law (Human Trafficking) Act 2008. Legislative proposals to enhance the protection of children against sexual abuse and exploitation, including exploitation through prostitution and child pornography, are at an advanced stage of preparation in my Department. These measures will facilitate full compliance with the criminal law provisions of a number of international legal instruments, including outstanding requirements in the Optional Protocol, and an EU Directive adopted in December, 2010. I expect to bring these legislative proposals to Government in the coming months. The Optional Protocol will be ratified as soon as practicable after outstanding legislation has been enacted.
