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Thursday, 15 Nov 2012

Written Answers Nos. 195-205

Residency Permits

Questions (195)

Bernard Durkan

Question:

195. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a Stamp 4 update will be issued in the case of a person (details supplied) in County Kildare who was employed on foot of Stamp 4 in this jurisdiction for more than five years, has worked for estate agency, who continues to be available for work and who has been offered employment, the only impediment to which is the need for regularisation of their residency [50815/12]

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Written answers

I refer the Deputy to my detailed reply to his earlier Parliamentary Question, PQ No. 172 of Thursday, 20th September 2012 - copied beneath. The position is unchanged since then.

The person concerned entered the State on 3 June, 2000 and was last granted permission to remain until 23 July, 2010. The person concerned remained in the State since that date without the permission of the Minister. Consequently, in accordance with Section 3 of the Immigration Act 1999, the person concerned was notified, by letter dated 10 November, 2010, 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 not have a Deportation Order made against her.

The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Citizenship Applications

Questions (196)

Bernard Durkan

Question:

196. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of application for naturalisation in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [50816/12]

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Written answers

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in September, 2008.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and is at an advanced stage. Further information was requested from the person concerned in a letter issued on 4 July 2012. Once the requested information has been received and assessed the case will be finalised and submitted to me for decision.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Defence Forces Personnel

Questions (197)

Thomas P. Broughan

Question:

197. Deputy Thomas P. Broughan asked the Minister for Defence the number of promotions at each rank that have been approved in the Air Corps and the Naval Service in 2010, 2011 and to date in 2012; and if he will make a statement on the matter. [50618/12]

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Written answers

The following tabular statement sets out the number of promotions which have occurred or are in train in the Air Corps and Naval Service in each of the years 2010, 2011 and to 13 November 2012. Competitions for promotions for enlisted personnel have been completed and promotions are on-going from which there will be further promotions in the Air Corps and Naval Service. Officer Promotion competitions will commence later this month from which in due course there will be promotions in the Air Corps and Naval Service.

Promotions will be carried out within the resource envelope allocated to Defence.

PROMOTIONS, BY RANK, IN THE AIR CORPS AND NAVY 2010, 2011 AND TO 13 NOVEMBER 2012

-

CPL

SGT

CQMS

CS

BQMS

SM

TOTAL NCO

LT

CAPT

COMDT

LT COL

COL

BRIG GEN

MAJ GEN

TOTAL OFFR

TOTAL All ranks

2010

AC

3

6

1

10

1

5

0

0

1

0

1

8

18

NS

9

9

13

3

0

2

2

0

0

20

29

Total

3

15

0

1

0

0

19

14

8

0

2

3

0

1

28

47

2011

AC

29

4

1

2

36

0

5

6

3

1

1

0

16

52

NS

36

1

2

1

40

0

17

4

5

1

1

0

28

68

Total

65

5

0

0

3

3

76

0

22

10

8

2

2

0

44

120

2012 (to 13/11)

AC

17

17

3

7

10

20

37

NS

11

32

8

31

3

2

87

1

6

13

20

107

Total

28

32

8

31

3

2

104

4

13

23

40

144

Note:

Air Corps and Equivalent Naval Service Rank

Cpl: Corporal/Leading Seaman

Lt: Lieutenant/Sub Lieutenant

Sgt: Sergeant/Petty Officer

Capt: Captain/Lieutenant (NS)

CQMS: Company Quartermaster Sergeant/Senior Petty Officer

Comdt: Commandant/Lieutenant Commander

CS: Company Sergeant/Chief Petty Officer

Lt Col: Lieutenant Colonel/Commander

BQMS: Battalion Quartermaster Sergeant/Senior Chief Petty Officer

Col: Colonel/Captain

SM/Sergeant Mayor/Warrant Officer

Brig Gen: Brigadier General/Commodore

Maj Gen: Major General

Departmental Consultations

Questions (198)

Arthur Spring

Question:

198. Deputy Arthur Spring asked the Minister for Defence if he will provide a list of all public consultations his Department has carried out since the start of 2012. [50748/12]

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Written answers

My Department has not carried out any public consultations since the start of 2012.

Single Payment Scheme Appeals

Questions (199)

Michael Lowry

Question:

199. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine the position regarding a single payment appeal in respect of a person (details supplied) in County Tipperary; the reason for the delay in reviewing this case; when a decision will issue; and if he will make a statement on the matter. [50571/12]

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Written answers

An on-line application under the Single Payment Scheme/Disadvantaged Area Scheme was submitted on behalf of the person named by his Agricultural Consultant on 14 April 2012.

Dual claims were identified in respect of two of the land parcels declared. Following correspondence with my Department, the applicant confirmed in writing, on 11 September, that he did not have the right to claim the parcels. Under the Terms and Conditions of the Scheme every entitlement must be accompanied by an eligible hectare of land. As the shortfall exceeded 20% of the eligible area found, no payment can be made.

Such decisions can, however, be appealed to the Agriculture Appeals Office and my Department has written to the applicant setting out the appeals procedure.

Ash Dieback Threat

Questions (200)

Thomas P. Broughan

Question:

200. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if he will report on the additional bio security measures he is considering to address the escalating number of trees affected by ash disease; and if he will make a statement on the matter. [50609/12]

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Written answers

The Department has surveyed for Chalara fraxinea since 2008. The first finding of the disease was confirmed on 12 October 2012 in County Leitrim. My Department has been resolute in its efforts to stop the spread of this disease and to prevent further infection. The consignment, made up of some 30,000 plants imported from continental Europe was planted over 11 sites. The ash trees at each of these 11 sites were cut and destroyed by burning without delay last month.

Voluntary measures agreed with forestry stakeholders, the nursery sector and hurley makers to prevent the importation of infected material from the continent have now been superseded by robust legislation. This legislation, introduced simultaneously with Northern Ireland, makes it an offence to import plants from areas known to have Chalara fraxinea. Furthermore, the movement of plants within the country is now also subject to plant passport requirements. Additional legislation was also introduced which control ash wood movement into Ireland, including firewood and hurley ash. Under the legislation ash wood may enter the State if (1) it comes from an area free of the disease or (2) it is free of outer round surface (including bark) or (3) it is kiln dried below 20% moisture.

In terms of future actions, site surveys of the ash estate are continuing this week. These surveys on the health of our ash trees will focus on sites which are at most risk from infection. These will include recently planted forests which used material imported ash plants from the continent. Examinations of ash imported wood and planting material will also be increased to enforce recently enacted legislation.

In relation to specific biosecurity measures to be observed where the disease is suspected or where ash surveys are being carried out the Department currently recommend the following hygiene measures. In relation to footwear it is recommended to wash off all soil and plant debris from boots. Boots should then be sprayed with disinfectant and used water should be disposed of onto an area where the water will not run into a watercourse. In relation to clothing it is recommended to check all clothing and remove any plant material. Soil and plant debris should be washed off all tools and equipment with disinfectant.

Forest owners, forest nursery staff and members of the public have been asked by my Department to be vigilant for the disease and report (with photographs if possible), any sites where there are concerns about unusual ill health in ash trees to the Forest Service.

Disadvantaged Areas Scheme Appeals

Questions (201)

Michelle Mulherin

Question:

201. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the position regarding the disadvantaged area scheme payment in respect of a person (details supplied) in County Mayo and if he will expedite the matter. [50623/12]

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Written answers

The person named is one of a number of clients, whose derogation applications have been unsuccessful, and who have now appealed my Department’s decision to the recently constituted, independently chaired, DAS Appeals Committee. Immediately that Committee has adjudicated on the appeal, the person named will be advised of the Committee’s decision, in writing.

Agri-Environment Options Scheme Applications

Questions (202)

Brendan Griffin

Question:

202. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if payment will issue on an agri environment options scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [50664/12]

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Written answers

The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 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 11 May 2012. During this inspection, areas of non-compliance with the terms and conditions of the scheme were discovered in relation to Natura and Non Natura Commonages. As a result a letter issued to the person named dated 3 September 2012 detailing the nature of the penalty and offering the option to appeal the decision. However, following a review of the file officials in my Department have decided that the penalty is no longer applicable in this case and the application will now be further processed with the intention of issuing payment as soon as possible.

Single Payment Scheme Payments

Questions (203)

Patrick O'Donovan

Question:

203. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the reason for the penalties imposed on the SPF in respect of a person (details supplied) in County Wexford; the options available to them at this time; and if he will make a statement on the matter. [50677/12]

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Written answers

An application under the 2012 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 17 April 2012.

A dual claim was identified on one of the parcels declared by the applicant, who was written to in this regard. As no reply was received to the final reminder, which issued on 02 August 2012, the appropriate penalty was applied when the advance payment issued on 16 October.

Subsequently, the herd owner submitted a detailed explanation in relation to the dual claimed parcel which was accepted by my Department and the penalty has been removed.

Consequently, the amount withheld will be included with the balancing payment which is scheduled for 1 December.

Agriculture Schemes Data

Questions (204)

Éamon Ó Cuív

Question:

204. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of persons in each county in the State that joined the REP Scheme 4, the agri environment option scheme 1 and 2 respectively; and if he will make a statement on the matter. [50695/12]

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Written answers

The current number of active participants in REPS 4, AEOS 1 and AEOS 2 are as set out in the tables.

COUNTY

REPS

AEOS 1

AEOS 2

Carlow

299

102

34

Cavan

1106

239

185

Clare

1394

393

377

Cork

3479

513

389

Donegal

1895

691

905

Dublin

52

17

8

Galway

2860

887

821

Kerry

2066

383

385

Kildare

369

82

34

Kilkenny

420

281

125

Laois

778

177

74

Leitrim

1570

405

233

Limerick

1407

276

209

Longford

670

119

86

Louth

216

62

34

Mayo

2823

982

900

Meath

557

184

83

Monaghan

909

232

120

Offaly

721

144

94

Roscommon

776

415

355

Sligo

935

311

204

Tipperary

1936

416

261

Waterford

1102

151

54

Westmeath

729

241

113

Wexford

821

198

90

Wicklow

403

111

65

Totals

30293

7999

6238

Departmental Expenditure

Questions (205)

Éamon Ó Cuív

Question:

205. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason for the underspend of €47 million against profile, €34 million current and €13 million capital, as published in the Exchequer returns; if there is likely to be an underspend at the end of the year; and if he will make a statement on the matter. [50698/12]

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Written answers

A profile of projected expenditure on a monthly basis is drawn up at the beginning of each year in order to anticipate the Department’s funding requirements and financial management over the course of the year. The profile which is the best estimate of expenditure available at the time is difficult to forecast and may vary significantly during the year for a variety of reasons, such as the level of payments under demand led schemes, the pattern of drawdown of Grants-in-Aid by State bodies, the levels of disease incidence and payment of compensation, etc. A monthly comparison is reported showing actual expenditure against the profile.

The recent Exchequer returns for my Department and show that the there are a number of budget lines, which are, for a variety of reasons, behind profile. I expect that in most cases expenditure will ‘catch up’ before the end of the year. Expenditure is being monitored and managed carefully with a view to minimising savings on this year’s Vote. The final outcome is to a large extent driven by factors outside the Department’s control but in the overall context of the Department’s Vote of €1.339 billion, I do not expect a significant underspend this year.

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