Written Answers Nos. 416-436
416. Deputy Michelle Mulherin asked the Minister for Social Protection when the review will be conducted by the appeals officer of the decision to uphold the refusal of disability allowance on appeal in respect of a person (details supplied) in County Mayo and the average waiting times in such cases; and if she will make a statement on the matter. [51596/12]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision.
Following receipt of the decision further evidence has been submitted by the person. His file has been recalled from the disability allowance section and, on receipt, this evidence will be reviewed. Statistics are not maintained on the processing times for such reviews.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
417. Deputy Pat Breen asked the Minister for Social Protection when a decision on a carer's allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [51607/12]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 28th October 2011. The person concerned was refused carers allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. A letter issued on the 24th August 2012 notifying her of this decision, the reasons for it and of her right of review or appeal. The person concerned appealed this decision to the Social Welfare Appeals Office and her file and papers are being prepared and forwarded to the Social Welfare Appeals Office for determination.
Question No. 418 withdrawn.
419. Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht the reason additional special areas of conservation were added to farmland in County Kerry (details supplied); and if he will make a statement on the matter. [51517/12]
View answerI understand that the land in question is part of a Special Area of Conservation first put forward for designation in 1997 and that a proposal to re-designate the site with an amended boundary was advertised and notified in 2006.
I am advised that the landowner referred to in the Deputy's Question was notified in December 2006 of the proposal to re-designate the site and did not lodge any objection to it. There have been no changes to the boundary of the site in the interim.
I am arranging to have a site information pack forwarded to the landowner.
420. Deputy Eoghan Murphy asked the Minister for Arts, Heritage and the Gaeltacht the conditions for receipt of Aosdana’s Cnuas; if it is specifically for younger, unestablished artists; and if he will provide some information as to who receives it. [51163/12]
View answerThe Arts Council established Aosdána in 1981 to honour those artists whose work has made an outstanding contribution to the arts in Ireland and to encourage and assist members in devoting their energies fully to their art. Membership of the organisation, which is by peer nomination and election, is limited to 250 living artists who have produced a distinguished body of work. Members of the organisation must also have been born in Ireland or have been resident here for five years.
Members of Aosdána are eligible to receive a 'Cnuas' from the Arts Council, a tax-free means-tested annuity for a term of five years to assist them in concentrating their time and energies in the full-time pursuit of their art. The eligibility criterion for the payment of the cnuas requires that a recipient may not have other earnings in excess of €25,755 (one and a half times the value of the cnuas). Cnuas recipients are therefore allowed to receive income from other sources so long as it does not take their earnings above this threshold. When a member makes an application for the Cnuas they must provide a signed declaration stating that they do not have other earnings in excess of the eligible threshold.
As with all elements of Arts Council expenditure, the payment of the Cnuas is independently managed by Council and is not a matter in which I have a statutory function.
Details of the current membership of Aosdána and a schedule of those members in receipt of the Cnuas are available on the Arts Council website at www.artscouncil.ie.
The table shows my Department's grant-in-aid to the Arts Council along with funding provided by the Arts Council to Aosdána over the five year period from 2007-2011. My Department does not award funding directly to Aosdána.
|
Year |
Arts Council funding by Department €m |
Total cost of Aosdána* €m |
Aosdana payment as % of State funding to Arts Council €m |
Number of Aosdána members |
Number receiving Cnuas (at year end) |
Annual amount of Cnuas |
|
2006 |
82.310 |
1.548 |
1.9% |
220 |
122 (59%) |
€12,180 |
|
2007 |
83.000 |
1.491 |
1.8% |
220 |
130 (57%) |
€12,180 |
|
2008 |
81.620 |
1.684 |
2.1% |
232 |
133 (57%) |
€14,180 |
|
2009 |
73.350 |
2.089 |
2.8% |
239 |
144 (60%) |
€17,180 |
|
2010 |
68.649 |
2.579 |
3.8% |
245 |
150 (61%) |
€17,180 |
|
2011 |
65.163 |
2.660 |
4.1% |
246 |
153 (62%) |
€17,180 |
|
2012 |
63.241 |
246 |
*Comprises the Cnuas (the stipend paid to Áosdána members in need of financial support), pension contributions and administration costs .
421. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cén uair a bheidh sé ag casadh le toscaireacht ó Oileáin Árann le todhchaí na seirbhíse aeir go dtí na hoileain a phlé agus an gá go leanfar de bheith ag maoiniú na seirbhíse seo; agus an ndéanfaidh sé ráiteas ina thaobh. [51252/12]
View answerIs féidir liom a dheimhniú don Teachta go dtionólfar cruinniú ag a mbeidh mé féin i láthair Dé Máirt 20 Samhain 2012 le toscaireacht ó na hOileáin Árann.
422. Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht if he has had any recent discussions regarding the future use of the Bank of Ireland building on College Green, Dublin; and if he will make a statement on the matter. [51395/12]
View answerI refer the Deputy to my previous replies on this matter. As outlined in those replies, I met the Chair and Chief Executive of Bank of Ireland and had a constructive engagement on the issues.
423. Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources the measures he proposes to implement to ensure that in any upcoming referendum, both sides of the argument are given equal air time. [51137/12]
View answerThe Broadcasting Act 2009 provides for the establishment of the Broadcasting Authority of Ireland (BAI) as the independent regulator responsible for the oversight of compliance in relation to broadcast content in the State. One of the objectives of the Authority, set out in Section 25(b) is to ensure “that the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld”.
Section 39 of the 2009 Act provides for the duties of broadcasters and includes duties, for example, in relation to objectivity and impartiality in news and current affairs. In the discharge of its functions, the BAI is required, under Section 42, to draw up Broadcasting Codes on the standards and practice to be observed by Broadcasters and for compliance matters.
In the context of these statutory provisions, the BAI has developed a Broadcasting Code on Referenda and Election Coverage, which was published in September last year. This Code sets out the rules that Irish broadcasters must comply with when covering any election, or referendum held in the State.
The aim of the Code is to ensure that broadcasters’ coverage of all elections and referenda is fair, objective and impartial. Coverage should be undertaken without any expression of a broadcaster’s own views on an election or referendum or on election parties or candidates.
The Code also contains specific provisions that relate to party political broadcasts and moratoria on coverage of referenda and/or elections. The Code also restates the prohibition on broadcasters airing political advertising.
It is incumbent upon the BAI and all broadcasters in the State, to ensure that they adhere to the Code on Referenda and Election Coverage, as well as to the spirit and letter of the relevant judicial rulings in this area.
I have no plans to amend the existing legislation in this area.
424. Deputy Patrick O'Donovan asked the Minister for Communications, Energy and Natural Resources the number of persons retired from commercial semi-State companies, of which he is the shareholder, that are in receipt of pensions in excess of €100,000; the number of persons in receipt of amounts of more than that level; and the total cost of same. [50830/12]
View answer425. Deputy Patrick O'Donovan asked the Minister for Communications, Energy and Natural Resources the number of persons working in commercial semi-State companies, of which he is the shareholder including employees, contractors and consultants, that were paid amounts by the company in excess of €100,000; the number of personnel in question and the total amount paid above that level. [50928/12]
View answerI propose to take Questions Nos. 424 and 425 together.
I wish to advise the Deputy that the information sought regarding retirees, staff, contractors and consultants in Commercial Semi State Companies is an operational matter for each company.
426. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he has been briefed by ComReg on its recent document, Price Regulation of Bundled Offers, 12/63; his views on this proposal and if it significantly disadvantages broadband users in rural areas; his views on whether ComReg should undertake a market analysis of rural and urban broadband; and if he will make a statement on the matter. [51015/12]
View answerThe Commission for Communications Regulation (ComReg) is independent in the exercise of its functions in accordance with the provisions of the Communications Regulation Act 2002, as amended.
I understand from ComReg that the purpose of document 12/63 was to revisit the existing regulatory controls in place on Eircom Limited when it sells a bundle or bundles of services that include Retail Fixed Narrowband Access.
ComReg’s final decision in this case will be issued shortly and will include a full and final Regulatory Impact (RIA). ComReg has advised me that its proposal in this matter does not change the regulation of broadband in rural areas in any respect and that it does, therefore, not disadvantage rural users.
In relation to a market analysis, I am advised by ComReg that its previous market analysis of wholesale broadband was conducted in 2011 and the next market analysis is scheduled for 2014.
427. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will report on the current process for the introduction of a national postcode system; when the system will be introduced and the amount the process has cost to date; and if he will make a statement on the matter. [51239/12]
View answerThe procurement process to select a postcode management licence holder to implement a National Postcode System is ongoing and being managed by my Department on a ring fenced basis. That process began last year with the publication of a Pre-Qualification Questionnaire on www.etenders.gov.ie.
The final decision to proceed with implementation of a national postcode will be one for Government and will be based on appropriate financial, technical and operational considerations.
The full cost of the postcode project will not be known until the tender process is complete. So far the cost of the tender process amounts to approximately €435,000.
428. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources his plans to ensure the continuity of telecommunication services in view of Eircom's announcement that it will reduce its workforce by 2,000 employees. [51413/12]
View answerWhile clearly any announcements of job losses are a cause of concern, I must point out I have no statutory function in relation to this matter. Eircom is a private company operating in a liberalised market. As the Deputy will appreciate, any proposals by the company, including this decision to reduce its workforce, is a day to day operational matter for the company. Eircom has confirmed that detailed discussions with staff and their trade union representatives on the programme of cost saving measures are taking place.
429. Deputy Brendan Ryan asked the Minister for Communications, Energy and Natural Resources his plans to include a village (details supplied) in County Dublin in the national broadband plan; if not, can it be included in the plan as surrounding towns and villages are included in the plan; and if he will make a statement on the matter. [51496/12]
View answerThe Government accepts that the widespread availability of high speed broadband is a key requirement in delivering future economic and social development. With basic broadband services now widely available across Ireland, the challenge is to accelerate the roll out of high speed services.
The National Broadband Plan, which I published recently, aims to radically change the broadband landscape in Ireland by ensuring that high speed services of at least 30Mbps are available to all of our citizens and businesses, well in advance of the EU’s target date of 2020, and that significantly higher speeds are available to as many homes and businesses as possible.
The Plan commits to high speed broadband availability across the country – specifically:
- 70Mbps – 100Mbps will be available from the commercial market operators to more than half of the population by 2015;
- At least 40Mbps, and in many cases faster speeds, to at least a further 20% (and potentially as much as 35%) of the population during the lifetime of the Government; and
- A minimum of 30Mbps for every remaining home and business in the country, also during the lifetime of the Government.
During the preparation of the Plan, the commercial market operators indicated that they expect to provide 70Mbps to 100Mbps services to 50% of the population by 2015. The areas to be provided with those services will be determined by the commercial market operators.
One of the first steps in delivering on the 30Mbps and 40Mbps commitments will be the completion of a formal national mapping exercise to determine the exact position in relation to commercial service providers’ existing and planned broadband services throughout the country. Preparatory work has commenced within my Department to expedite this mapping exercise.
The mapping exercise will identify the areas of the country where there is market failure in the provision of high speed broadband services. It will also identify where the market is expected to succeed and fail in the delivery of high speed broadband over the coming years. Until that process is complete, the precise areas of the country which will require State intervention will not be known.
I would reiterate however, that the Government remains committed to the delivery of the speeds referred to above, to ensure that all parts of Ireland, including Loughshinny, will have at least 30Mbps connectivity.
430. Deputy Joe McHugh asked the Minister for the Environment, Community and Local Government with reference to motor trade plates which cost €330, his views on the status of Republic of Ireland trade plates in Northern Ireland and on confiscations in Northern Ireland of cars with legitimate Republic of Ireland trade plates; if in view of the fact that motor trade in this State can involve travel through Northern Ireland; if he will raise this matter at an upcoming meeting of the North-South Ministerial Council; and if he will make a statement on the matter. [51101/12]
View answerThe legislation in relation to trade plates is provided in section 21 of the Finance (No. 2) Act 1992 and the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992.
Trade plates can be used by motor dealers in very limited circumstances in respect of vehicles on which a vehicle licence has not been taken out. Trade plates are not vehicle licences and their use is not recognised outside the State.
The European Commission has put forward a proposal for a Regulation of the European Parliament and of the European Council simplifying the transfer of motor vehicles registered in another Member State within the Single Market (COM(2012) 164 final dated 4 April 2012). The proposal is at an early stage of development. It includes a provision aimed at facilitating the intra-EU trade of second-hand vehicles through the harmonisation of rules on the professional registration of vehicles (i.e. trade plates in Ireland). Any changes to the system in operation for trade plates will be in the context of this proposal.
431. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 691 of 6 November 2012, if he will provide the total of the persons employed in the following roles in the children's referendum who were immediately previously unemployed or on the live register; special presiding officers, presiding officers, supervisory presiding officers and area inspectors, poll clerks, count supervisors, count calculators and counters. [51143/12]
View answerMy Department wrote to Returning Officers on 19 November 2012 asking that they outline the extent to which unemployed persons were engaged in the conduct of the poll and the counting of the votes at the referendum held on 10 November 2012. When this information has been received from the Returning Officers, it will then be forwarded to the Deputy as soon as possible.
432. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government in view of the recent Supreme Court decision in relation to the wording of the information booklet on the recent Children's Referendum, the action he will take in the future to ensure that a similar situation does not occur again; and if he will make a statement on the matter. [51283/12]
View answerUntil the Supreme Court delivers judgment in the McCrystal appeal case I am not in a position to make any comment or observation in reply to the question.
433. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will consider providing persons who pay the household charge and property tax with an annual performance indicator of their local authority to show the services it is providing and the value for money it is giving to persons who are funding it; and if he will make a statement on the matter. [50857/12]
View answerAnnual Service Indicators in Local Authorities reports are compiled by the Local Government Management Agency (LGMA) from returns made by local authorities.The reports for 2004-2010 are available on the LGMA website at http://www.lgma.ie/en/publication-category/service-indicator-reports-2004-2010.
As part of the reform programme in the Action Programme for Effective Local Government – Putting People First, a set of performance standards against which local authorities can demonstrate their performance will be put in place. These will be reflected in, or developed from, Service Level Agreements (SLAs), or negotiated agreements with a common understanding about the services to be provided, priorities, responsibilities, performance, etc., which will be developed between Government Departments or, where appropriate, State agencies and local authorities. The SLAs will identify the levels of performance expected and resources available, along with the relevant responsibilities and expectations necessary to enable the required services. Since the focus will be on the performance of the local authorities, the service indicators are being reclassified as performance indicators to enable assessment of a local authority’s overall performance in delivering a particular activity or service and to facilitate evaluating its performance against the relevant performance standard.
The performance standards and performance indicators will also inform and assist in the development of Customer Charters and in monitoring and reporting adherence to the charters.
Increased emphasis will be placed on identifying customers’ expectations and requirements and their experience of service delivery in their local authority. Indicators will also reflect value for money and the cost effective use of resources by local authorities. The reporting of the performance indicators will be structured to facilitate comparison across local authorities (clustered by type/size as appropriate), and changes in the performance of individual local authorities over time. It is intended that performance standards and performance indicators will –
- provide members of the public with more information about what their local authority actually does and on how it is performing, and how this performance is changing over time;
- enable each authority to monitor its progress, assist in the allocation of resources locally and assist Ministers and Departments similarly;
- allow comparative analysis of performance between local authorities, and enable authorities to identify what they need to do in order to raise performance levels to match better performing authorities.
To optimise the benefits of performance standards and performance indicators, local authorities will prepare Annual Service Plans and set targets to be achieved in the delivery of services against each of the performance standards. The service plans, which will cover each service division in each local authority and will set out the decisions taken in relation to the services and levels of standards to which they are expected to be provided, will be adopted by the elected members as a reserved function. It is intended that these plans will be updated and approved annually in parallel with the budgetary process.
The authorities’ Annual Reports will include a comprehensive review of performance of the service plans against the performance standards and will show how –
- targets set at the start of the year have been achieved against performance indicators;
- the authority performed compared to other local authorities, especially those of comparable size, and;
- each local authority is improving its level of service year-on-year.
434. Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government his views on whether planning legislation is adequate to deal with persistent and vexatious planning objections and complaints; and if he will make a statement on the matter. [50868/12]
View answerThe facility for any member of the public to participate in the planning process by making an observation or a submission on a planning application is a fundamental and long-standing feature of the planning system in this country.
In the Planning and Development Act 2000 increased rights were given to third parties in that since the enactment of that Act planning authorities are statutorily obliged to acknowledge submissions on planning applications and to consider those submissions before making decisions on planning applications. Persons who make submissions are also entitled to be notified of any new information provided, and to be notified of the decision of the planning authority. These increased rights were introduced in tandem with the €20 fee for making a submission or observation, the aim of which was to contribute to the increasing costs for planning authorities in administering the development consent system, while not discouraging public participation in the process.
In relation to planning appeals, the position is that any person who made a submission on the planning application may appeal the decision of a planning authority on the application to An Bord Pleanála, the independent statutory appeals board. There is, however, also a fee for making an appeal - currently €220. When an appeal is made to An Bord Pleanála any person may make a submission on it for a fee of €50.
It should also be noted that the Board has discretion to dismiss an appeal where it is satisfied the appeal is vexatious, frivolous or without substance or foundation or where the appeal is made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any persons.
Planning legislation therefore permits a person to make observations, or appeal the decision, in relation to any number of planning applications (subject of course to the payment of the appropriate fee). However I do not see that that is any reason to amend the current provisions.
The views of third parties are part of the planning process and, in any case, are only one of the matters considered by a planning authority when considering the planning application. In making decisions on planning applications, planning authorities, and An Bord Pleanála on appeal, must consider the proper planning and sustainable development of the area, having regard to a number of matters, including the provisions of the development plan, any submissions or observations received, and relevant Ministerial or Government policies, including any guidelines issued by my Department.
435. Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government the number of electors in each of the categories denoted by the letters (L) (D) (E) on the voters register for the constituency of Cork South West who have restricted voting because they are registered to vote in Local Elections only (L), to vote in local Dáil and European elections only (D), to vote in local and European elections only (E); if he will now readjust the electorate and turnout percentages in the official results maintained by his Department for the recent referendum to reflect this; and if he will make a statement on the matter. [50958/12]
View answer436. Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government the number of electors in each of the categories denoted by the letters (L) (D) (E) on the voters register for each of the Dáil constituencies, who have restricted voting because they are registered to vote in Local Elections only (L), to vote in local Dáil and European elections only (D), to vote in local and European elections only (E); if he will now readjust the electorate and turnout percentages in the official results maintained by his Department for the recent referendum to reflect this; and if he will make a statement on the matter. [50959/12]
View answer441. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the number of electors in each of the categories denoted by the letters (L) (D) (E) on the voters register for the constituency of Dublin South East who have restricted voting because they are registered to vote in Local Elections only (L), to vote in local Dáil and European elections only (D), to vote in local and European elections only (E); if he will now readjust the electorate and turnout percentages in the official results maintained by his Department for the recent referendum to reflect this; and if he will make a statement on the matter. [51010/12]
View answer442. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the number of electors in each of the categories denoted by the letters (L) (D) (E) on the voters register for each of the Dáil constituencies, who have restricted voting because they are registered to vote in Local Elections only (L), to vote in local Dáil and European elections only (D), to vote in local and European elections only (E); if he will now readjust the electorate and turnout percentages in the official results maintained by his Department for the recent referendum to reflect this [51011/12]
View answerI propose to take Questions Nos. 435, 436, 441 and 442 together.
Registration Authorities – County and City Councils – publish the register of electors annually on 1 February and it comes into effect fourteen days later on 15 February. The publication of the register requires the sending of a copy of the register for the relevant constituency to members of the Dáil, the Seanad, the European Parliament and local authorities. Registration Authorities also provide information on the register to my Department in February each year. Based on this information, the numbers available to me, both nationally and for the constituencies of Cork South West and Dublin South East, for each category of elector are as follows:
|
Constituency |
Presidential Electors |
Dáil Electors (D) |
European Electors (E) |
Local Government Electors (L) |
|
All constituencies |
3,128,059 |
3,182,107 |
3,198,227 |
3,249,590 |
|
Cork South West |
59,659 |
62,715 |
n/a |
n/a |
|
Dublin South East |
55,253 |
57,097 |
n/a |
n/a |
The information provided by the Registration Authorities to my Department shows the number of electors registered each year on a constituency and administrative county basis. As the European and Local Election constituencies do not correlate to Dáil constituency boundaries, the information on the number of European and local government electors in the Dáil constituencies of Cork South West and Dublin South East has not been provided to my Department.
The electorate for the recent referendum, as published by the Referendum Returning Officer on www.referendum.ie includes the number of ‘presidential’ electors (that is those entitled to vote at a referendum) on the 2012/2013 register, which came into effect in February 2012, and, in addition, those added to the register by way of the supplement to the register.
