Written Answers Nos. 435-454
435. Deputy Seán Kyne asked the Minister for Justice and Equality his views on the concerns of persons in rural locations such as Connemara, County Galway, regarding the effectiveness of An Garda Síochána at crime prevention and the upholding of the law and public order in the face of possible closure of rural Garda stations; and if he will make a statement on the matter. [41982/12]
View answerThe Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. The Garda Commissioner is currently engaged in an assessment of the potential for improved efficiencies in the structure and organisation of the Garda Síochána as part of the preparation of the draft policing plan for 2013, which under the Garda Síochána Act 2005 is due to be submitted to me by the end of October this year. The objective is to provide the most effective policing service possible, within available resources, across the country, including rural areas such as referred to by the Deputy. While I expect that the policing plan for 2013 will contain proposals for the further rationalisation of Garda stations and Districts, it would be premature, in advance of its submission, to speculate on specific measures which it might contain.
436. Deputy Seán Kyne asked the Minister for Justice and Equality his views on the fact that irrespective of the reconfiguration or rearrangement of Court Service facilities that court proceedings through the medium of Irish must continue to be available to residents of Gaeltacht areas; and if he will make a statement on the matter. [41984/12]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. Irish is of course an official language of the State and I have been advised by the Courts Service that it is mindful of its obligations under section 8 of the Official Languages Act which specifies, inter alia, that every court has a duty to ensure that any person appearing in or giving evidence before it may be heard in the official language of his or her choice. The Courts Service takes care to ensure that court services are made available in the first official language where any party to any court proceedings indicates a desire to exercise his or her right in that regard and I am assured that will continue to be the case.
437. Deputy Seán Kyne asked the Minister for Justice and Equality the time-frame for the development of the new Garda Divisional Headquarters in Galway as announced in the recent stimulus plan. [41992/12]
View answerThe provision of a new Regional and Divisional Headquarters for the Galway Garda Division is one of a number of projects that was included in the special Government stimulus package announced in July. It is intended that the project will be delivered by means of a Public Private Partnership and discussions are currently taking place between the relevant agencies regarding the follow-up action to be undertaken in the light of the Government announcement. As the arrangements to be put in place for Public Private Partnerships are complex, it is not possible at this stage to indicate when the Galway project will be completed. However, I can assure the Deputy that it is being treated as a priority.
438. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if his attention has been drawn to the refusal of the Garda Commissioner to hand over files to the Attorney General in the Six Counties in relation to the reinvestigation by An Garda Síochána of the death of a person (details supplied) in County Donegal, to enable the authorities there to meet their responsibilities to examine the matter; and if he will make a statement on the matter. [41995/12]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.
439. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality his plans to amend the law to ensure that the Incorporated Law Society cannot make rules in relation to the number of solicitors involved in legal transactions in relation to persons and that such rule making would be the prerogative of the Oireachtas only; and if he will make a statement on the matter. [42044/12]
View answerThe proposed Regulation to which the Deputy refers, the Conveyancing Conflicts of Interest Regulation, was adopted by the Council of the Law Society on 7 September 2012 and it is proposed that, following the laying of the regulation before the Houses in the prescribed manner, it will come into effect on 1 January 2013. This, I understand, will be done in compliance with Section 5 of the Solicitors Act 1954 which provides for the Society to make regulations which are necessary for the carrying out of its functions and requires that such regulations be laid by the Society before each House of the Oireachtas as soon as may be after they are made.
The new regulation has been made by the Law Society on foot of the recommendations made in the "Conveyancing Conflicts Task Force Report" published by the Law Society in July. The Task Force had been set up to review existing guidelines and regulations relating to solicitors acting for both parties in conveyancing transactions. The Report, which is publicly available on the Law Society's website (www.lawsociety.ie), details the arguments that were put forward both in favour of and against the introduction of this regulation and explains the reasons behind the decision to propose its adoption. It sets out how the Task Force undertook extensive consultations with members of the solicitors profession and other relevant interested parties and stakeholders and took account, inter alia, of the November 2012 joint HSE and UCD report concerning the "Abuse and Neglect of Older People in Ireland". The Task Force also researched and reviewed the regulatory regimes in other jurisdictions and analysed judicial and academic commentary relevant to all issues considered.
As the Deputy will be aware, the Legal Services Regulation Bill 2011 provides, in section 3 (2), that every regulation to be made under the Bill, which will establish a new independent Legal Services Regulatory Authority to regulate both solicitors and barristers, shall be laid before each House of the Oireachtas subject to a 21 day period for a possible resolution for annulment. The scope and application of this and other regulatory provisions are among those matters I am considering in preparation for the Bill's Committee Stage.
440. Deputy Michael Creed asked the Minister for Defence if he will publish details of all allowances paid to staff in his Department; the business case made by his Department in respect of these allowances to the Department of Public Expenditure and Reform; the cost of each individual allowance; and if he will make a statement on the matter. [41410/12]
View answerThe information on allowances paid to Civil Service staff in the Department of Defence is set out in the tables.
Allowances paid to Civil Servants of the Department are as follows:
|
Allowance |
Rate |
|
Private Secretary to the Minister & Minister of State |
€19,653.00 per annum |
|
Private Secretary to Secretary General |
€10,405.00 per annum |
|
Allowance Personal to Holder EO Standard |
€1,304.23 per annum |
|
Allowance Personal to Holder CO Standard (PPC*) |
€15.18 per week |
|
Franking Machine Allowance (1/2 rate) (PPC*) |
€895.75 per annum |
|
Franking Machine Allowance (full rate) |
€1,701.28 per annum |
|
Key Holder Allowance |
€33.91 per week |
|
Switch Board Allowance (1/2 Rate) |
€16.30 per week |
|
Nightwatchman Unsociable Hours |
€2,133.64 per annum |
|
Assistant Head Service Officer Allowance |
€61.06 per week |
|
Footwear / Clothing Allowance |
€65 per annum |
*Personal Pension Contribution (PPC) rates apply where officers were employed since 6th April 1995, pay class A rate PRSI and make a personal pension contribution.
Allowances paid to civilian Employees of the Department are as follows:
|
Shift Pay (Paid to a number of employees for working on a shift basis outside of normal working hours). |
1/6th of Basic Pay |
|
Telephonists Shift Pay – Flat Rate Bank Holiday and Sunday Pay |
1/4 of Basic Pay |
|
Unsociable Hours (Nurses) |
1/6th of Basic Pay |
|
Night Duty (Nurses) |
Time and ¼ |
|
Bank Holiday & Sundays (Nurses) |
Double Time |
|
Saturday Allowance Nurses Wardsmaids / Kitchen & Mess Helpers |
€15.30 per Saturday €10.50 per Saturday |
|
Holiday Premium (Nurses) |
Based on average premium payments for the year /12 |
|
Sunday Allowances & Bank Holiday Pay (Kitchen & Mess Helpers, Wardsmaids) |
1/5th of Basic Pay |
|
Call out Allowance – Baldonnel |
€21.98 per call out |
|
On Call Allowance – Naval Base, Haulbowline |
€211.58 per week (paid on a periodic basis to one employee). |
|
Tool Allowance (Craft workers only) |
€844 paid annually |
|
Travel Allowance paid to certain employees who are based in the Dublin area. Rate calculated by reference to radial distance from GPO. |
0-4 Miles – 1 hour pay per day 4-5 Miles - 1.25 hours per day 5-6 Miles – 1.5 hours per day 6-8 miles - 1.75 hours per day 8-12 miles - 2 hours per day |
|
Oil Allowance – Diesel & Auxiliary Engines (Naval Base, Haulbowline) |
25% of days pay per day while engaged on certain engine room duties |
|
Oil Allowance – Crank Case and Oil Fuel Pumps (Naval Base, Haulbowline) |
50% of days pay per day while engaged on certain engine room duties |
|
Flight Pay (Inspectors, Air Corps, Baldonnel) |
€22.65 per week |
|
Service Pay (Paid to pharmaceutical assistants) |
€12.70 per week |
|
Specialist Qualification Allowance |
€1,396 per annum |
|
Storekeeper Clerk (Personal to Holder Allowance) (Applicable to storekeeper clerks serving on date of Stores Personnel Agreement 17/12/1993) |
Applicable rate calculated on a personal basis in 1993 |
|
Naval Dockyard (Personal to Holder) |
€31.28 per week |
|
Eating on site allowance |
€1.90 per day |
|
Meal Allowance (Payable only to general operatives and craft workers employed prior to 1993. |
€2.22 per day |
My Department did not submit a business case to the Department of Public Expenditure & Reform to retain the above allowances. The bulk of these allowances are common to many Departments and were considered centrally as part of the overall review of allowances and premium payments.
441. Deputy Dara Murphy asked the Minister for Defence if the Naval Association has approval as a Defence Association; and if he will make a statement on the matter. [41497/12]
View answer442. Deputy Dara Murphy asked the Minister for Defence if he will provide a list of Defence Associations that operate within his Department; and if he will make a statement on the matter. [41498/12]
View answerI propose to take Questions Nos. 441 and 442 together.
The Department of Defence provides annual subventions to support and encourage the two officially recognised veteran groups, O.N.E. and IUNVA and representatives of both organisations hold formal meetings with Departmental officials. While there is a range of other associations involving serving, retired and ex-Defence Forces personnel representing various interests at local, regional and national level, including the Naval Association, these are not formally recognised by the Department and the Department has no plans to do so.
443. Deputy Michael McGrath asked the Minister for Defence with reference to his direction to the military authorities in September 2011, if he will arrange for promotions of Reserve Defence Forces Officers; the number promoted to date; the date of each promotion and the appointment filled and the number remaining to be filled arising from the interviews held. [41567/12]
View answerI am advised by the military authorities that competitive interviews are being conducted to fill selected vacancies up to the authorised levels of 70% of the permitted RDF officer strength. The Deputy should also be aware that the value for money report on the RDF is expected to be completed shortly and that future decisions on promotions will have to reflect any relevant recommendations that this report may contain. The detailed information requested by the Deputy in respect of the number promoted to date; the date of each promotion, the appointment filled and the number remaining to be filled arising from the interviews held, is contained in the table.
|
Formation |
Number Promoted to Date |
Date of Each Promotion |
Appointment Filled |
Number remaining to be filled arising from interviews held |
|
2 E Bde RDF |
1 |
22/08/12 |
OC 62 Res MP Coy |
19 |
|
1 S Bde RDF |
Nil |
Nil |
Nil |
6 |
|
4 W Bde RDF |
Nil |
Nil |
Nil |
5 |
|
RDF Training Authority |
Nil |
Nil |
Nil |
4 |
|
Naval Service Reserve |
Nil |
Nil |
Nil |
Nil |
444. Deputy Michael McGrath asked the Minister for Defence if his approval was sought by the military authorities to issue instructions to cancel Reserve Defence Forces training with effect from 1 November 2012; the action he has directed to ensure that timely information is conveyed to RDF unit commanders and reservists arising from the reorganisation of the Permanent Defence Forces. [41568/12]
View answerI understand that internal military communications relating to the ongoing implementation of the re-organisation of the Permanent Defence Force and associated housekeeping matters, raised concerns amongst members of the Reserve. When these concerns were raised by RDFRA, it was quickly clarified, that there was no intention to close Reserve Units or to cease training activities. I am satisfied that there is a robust communication system in place, through my Department’s Conciliation and Arbitration (C&A) Branch, to effectively and speedily address queries from RDFRA. The implementation of the new organisational structures for the Permanent Defence Force is ongoing and the primary impact of this re-organisation is on members of the PDF. However, RDFRA are being appraised of developments and I understand that there is a further meeting scheduled with my Department’s C&A Branch on 5th October in this regard.
445. Deputy Nicky McFadden asked the Minister for Defence if he will provide an update on discussions taking place between his Department and organisations and community groups in Mullingar, County Westmeath, regarding the future use of Columb Barracks; if ideas for the use of the barracks are being considered by his Department; and if he will make a statement on the matter. [41809/12]
View answerSince the announcement of the Government decision on barrack closures my Department has written to each Government Department, various agencies and local authorities seeking expressions of interest in acquiring any of the properties to benefit the local community as a whole but with particular emphasis on job creation measures. Some discussion has taken place in relation to Mullingar Barracks. However at this time no substantial progress has been made towards achieving a sale. I can assure the Deputy that every effort will be made to dispose of the barracks so as to maximize the benefits to the local community.
446. Deputy Patrick O'Donovan asked the Minister for Defence his policy and that of the Defence Forces for the attendance of the Sliabh na mBan at community events and a list of events that the Sliabh na mBan has been in attendance at since its refurbishment; and if he will make a statement on the matter. [41872/12]
View answerSliabh na mBan is a historical artifact of great importance to the Defence Forces and to the Irish Nation as a whole. As such, many organisations request the attendance of this vehicle at various events throughout the country. Because of its importance, it is necessary to strike a balance between making the vehicle available to the public on appropriate occasions, and ensuring that it is properly maintained and preserved. When requests for the vehicle’s attendance at community events are received, my Department, following consultation with the Military, will determine whether the application can, or cannot be acceded to and will advise the applicant accordingly. The following conditions are required as a minimum when evaluating these requests: The event is for a charitable or non profit cultural or community purpose; The event is of regional or national importance; The location / site is acceptable; The attendance of the vehicle at the event would be in the public interest.
The availability of Military equipment and personnel, and the costs involved in transporting and securing the artifact when it is away also have to be considered when deliberating on a request. In that context, it should be noted that the vehicle must travel with a Military party for transport and security reasons and the Military must remain present for the duration of the event. The personnel involved have other Military duties which may take precedence over the display of the vehicle. A list is provided below of the events where Sliabh na mBan has been on display following the completion of its extensive refurbishment in February, 2012.
I am aware that my Department and the Military are currently drawing up proposals for Sliabh na mBan to be placed on public display for certain periods in the Curragh Museum. This would provide an opportunity to members of the public to view this artifact with a minimum risk to its maintenance and preservation and at a low cost to the Defence Forces: 6th May – Vintage Motor Show – Clonmel; 3rd June –Vintage Motor Show – Longford; 15th August – Commemorative Coin Launch in Collins Barracks, Cork; 18th/19th August – Beal na mBlath Commemoration; 8th September – Newbridge 200 Celebrations.
Sliabh na mBan was also on display in military barracks at a number of official/military occasions and commemorations.
Following prior arrangement, visitors also viewed the vehicle in the Curragh Camp.
447. Deputy Luke 'Ming' Flanagan asked the Minister for Defence if he will list all the current positions, where the appointment was made by his Department held by retired senior civil servants; and if he will make a statement on the matter. [42663/12]
View answerThe agencies under the aegis of my Department are the Civil Defence Board and the Army Pensions Board. No retired senior civil servants have been reappointed to positions in my Department, or to positions in the above agencies, since I took office.
448. Deputy Billy Kelleher asked the Minister for Agriculture; Food and the Marine his plans to transfer staff from the District Veterinary Office at Darrara, Clonakilty, County Cork; and if he will make a statement on the matter. [42084/12]
View answer473. Deputy Michael McCarthy asked the Minister for Agriculture; Food and the Marine if he will clarify the position in relation to a district veterinary office (details supplied) in County Cork; and if he will make a statement on the matter. [41727/12]
View answerI propose to take Questions Nos. 448 and 473 together.
My Department is consolidating all Clonakilty based activities on the one site at Park Road, Clogheen in order to deliver services at a lower cost to the taxpayer while at the same time maintaining the highest level of services to our stakeholders. Internal changes are also being introduced on a whole of county basis to achieve efficiency, effectiveness and value for money gains which includes the transfer of certain back office administrative checks for our disease eradication schemes from Clonakilty to my Departments Cork city office. This arrangement will enable my Department to maintain service levels across the county and ultimately, across the entire country with the result of leaner staffing levels into the future. It is important to point out that these changes will not negatively impact upon local access and services for local customers, where frontline services will be maintained and Public access for all the Department’s stakeholders will have availability at Park Road.
449. Deputy Éamon Ó Cuív asked the Minister for Agriculture; Food and the Marine the steps he has taken to ensure that farmers who have enquiries regarding the single farm payment will receive a prompt reply; if adequate staffing resources have been provided; and if he will make a statement on the matter. [41241/12]
View answer465. Deputy Éamon Ó Cuív asked the Minister for Agriculture; Food and the Marine the number of letters issued to farmers in relation to stocking density issues under the disadvantaged areas scheme; the number of applications for derogation received to date; the number granted; the number queried; the number refused; and if he will make a statement on the matter. [41578/12]
View answer466. Deputy Éamon Ó Cuív asked the Minister for Agriculture; Food and the Marine the estimated savings calculated by his Department for estimates purposes from the changes in the disadvantaged area scheme; and if he will make a statement on the matter. [41579/12]
View answerI propose to take Questions Nos. 449, 465 and 466 together.
The budgeted expenditure under the 2012 Disadvantaged Areas Scheme was reduced from €220 million to €190 million. In order to make the necessary savings it was proposed to make technical adjustments to the Scheme criteria to ensure that the aid payment is focused on farmers whose farming enterprises are situated primarily in DAS areas and who are making a significant contribution to achieving the objectives of the Scheme, which are defined in the governing EU legislation as follows: To ensure continued agricultural land use and thereby contribute to the maintenance of a viable rural community; To maintain the countryside; To maintain and promote sustainable farming systems which, in particular, take account of environmental protection measures.
Processing of high volume application schemes, such as the Disadvantaged Areas Scheme and the Single Payment Scheme, require significant hands-on from the management teams and a willingness and ability to focus resources on the varying priorities that arise throughout the process. One very important element of the process is dealing with the many and varied enquiries from applicants, by telephone, letter, email or on-line. The 2012 processing campaign is currently well advanced, with the necessary arrangements in place to deal with farmers’ queries. The record number of applications submitted on-line in 2012 has further contributed to the smoother processing of applications.
While changes were introduced in respect of the minimum stocking density requirements, specific provision was made for those farmers who had a stocking density less than 0.3 livestock units per forage hectare in 2011, where that lower stocking density was as a result of adherence to a recognised agri-environmental measure. The principles of force majeure/exceptional circumstances were also provided for in the process. Provision was also be made for new entrants to farming.
All 10,046 applicants, whose stocking density was below 0.3 livestock units per forage hectare in 2011, were written to formally and given the opportunity to apply for a derogation on the grounds that his or her participation in such an agri-environmental measure resulted in the lower stocking density. The Department is currently working on those applicants who applied for derogation, good progress has been made to date with many already paid. All applicants are being advised, in writing, of the success or otherwise of their application. Those unsuccessful applicants are being afforded the opportunity of appeal to the DAS Derogation Appeals Committee. This Committee, to be chaired by Padraig Gibbons, is to be constituted shortly, to adjudicate on those further appeals from farmers dissatisfied with Department decisions on their derogation applications.
Payments under the 2012 Disadvantaged Areas Scheme started issuing, on schedule, on 26 September 2012 and, to date, payments worth in the region of €159 million have issued; these payment levels are very much in line with previous years. Included in this figure are payments to a sizeable number of farmers who successfully applied for derogation from the revised stocking density requirement, included as part of the range of technical adjustments necessitated by budgetary requirements. Payments will continue to issue as individual cases are confirmed eligible for payment.
450. Deputy Brendan Griffin asked the Minister for Agriculture; Food and the Marine when the assignment of an aquacultural licence will be completed in respect of a company (details supplied) in County Kerry; and if he will make a statement on the matter. [41243/12]
View answerThe application for licence assignment referred to by the Deputy is currently being assessed by my Department in accordance with the provisions of the Fisheries (Amendment) Act, 1997. This process is at an advanced stage and the decision in this matter can be expected shortly.
451. Deputy Brendan Griffin asked the Minister for Agriculture; Food and the Marine when an agri environment option scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41296/12]
View answerThe person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from the 1st September 2011. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. The person named was selected for a ground inspection which took place on 11th May 2012. During this inspection, areas of non-compliance with the terms and condition of the scheme were noted in relation to Natura and Non Natura Commonages which resulted in a penalty being imposed. A letter issued to the person named informing him of this penalty and giving him the option to appeal the decision. To date, no appeal has been received by My Department.
452. Deputy Tom Fleming asked the Minister for Agriculture; Food and the Marine the position regarding the restoration of live trade to Egypt, Lebanon and Libya which is vital for additional outlets for stock and price competition; and when he expects trade to open in these markets. [41317/12]
View answer453. Deputy Tom Fleming asked the Minister for Agriculture; Food and the Marine the progress that has been made on veterinary certificates and designated boats for the live export trade; and if he will make a statement on the matter. [41319/12]
View answerI propose to take Questions Nos. 452 and 453 together.
The position is that both the Libyan and Lebanese markets have recently been opened for live cattle from Ireland and in the case of Libya, my Department is working closely with the Libyan veterinary authorities to have the age limit, which currently stands at 24 months, increased to thirty months. The Egyptian market is also open to fattening cattle under 20 months and slaughter cattle under 30 months. The question of when trade will resume to these countries is dependent on a number of factors, including commercial factors such as price and demand.
In relation to transport issues, Ireland has strict animal welfare rules in relation to the approval of ships for transport. These rules are designed to protect the welfare of livestock during transport. The process of approval involves an initial detailed documentary check to confirm that certain structural, stability and other standards are in compliance with our legislation. If this documentary check is in order, an on-site inspection of the ship is carried out by a Marine Surveyor and a Veterinary Inspector from my Department. While no ship has completed the approval process to date, two ships have recently been inspected as part of the approval process.
454. Deputy Brendan Griffin asked the Minister for Agriculture; Food and the Marine if a forestry payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41325/12]
View answerThe person in question applied for the second instalment of a forestry establishment grant. Under the afforestation scheme this grant will only be paid four years after the completion date of the plantation. As the plantation was completed on 20th December 2008, the grant is not payable until after the 20th December 2012. In this context, the applicant must submit a Tax Clearance Certificate that will be valid at the date of payment as required under the Department of Finance Circular 44/2006: Tax Clearance Procedures Grants, Subsidies and Similar Type Payments.
