Tuesday, 20 Nov 2012

Written Answers Nos. 457-477

Local Authority Staff Issues

Questions (457)

Tony McLoughlin

Question:

457. Deputy Tony McLoughlin asked the Minister for the Environment, Community and Local Government if he will provide clarification for local authority staff across Ireland who may one way or other transfer from their current employer to the Irish Water Company, many of these staff currently employed will play a pivotal role in the successful transfer of assets and infrastructure from the local authorities to Irish Water; and if he will clarify the status of their job security post 2016. [51471/12]

Written answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

The Government decided, based on the recommendations of an independent assessment and in line with the commitment in the Programme for Government, to establish a public water utility company, Irish Water, to take over the operational and capital delivery functions of local authorities in the water services area.  The Government has further decided that Irish Water should be established as an independent subsidiary of the Bord Gáis Group.

The skills within the Bord Gáis Group will be paired with the experience and commitment to service in local authorities and the specific water and wastewater capabilities and expertise that exist in local government to build the new organisation and ensure its successful establishment and operation.  In the initial phase, Irish Water will work largely through service level agreements with local authorities, and these arrangements will not end until 2017 at the earliest.  This will ensure a smooth transition to the new model and guard against the loss of local expertise.  It will also mean that the majority of staff will remain in the direct employment of local authorities for a considerable period.  There will be detailed engagement with Staff and Trade Unions in the rollout of the proposed changes, and structures have been put in place to facilitate this engagement.

Building Regulations Application

Questions (458)

John McGuinness

Question:

458. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government his response to issues raised by a person (details supplied) in County Carlow in correspondence to him dated 2 July 2012, 20 October 2012 and 7 May 2012 regarding the Building Control (Amendment) Regulations 2012; and if he will make a statement on the matter. [51534/12]

Written answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

The correspondence in question relates to proposals to amend the Building Control Regulations which were the subject of an extensive public consultation process earlier this year and which are currently being finalised in light of that consultation My Department is engaging directly with the Chartered Institute of Architectural Technologists (CIAT) in relation to the specific concerns raised.

Capital Assistance Scheme Funding

Questions (459)

Brendan Griffin

Question:

459. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the position regarding the funding of a facility in (details supplied) County Kerry; and if he will make a statement on the matter. [51563/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

The property in question was acquired by an Approved Housing Body with funding provided by my Department under the Capital Assistance Scheme. In July 2012 I announced the allocation of €100 million in capital funding for the provision of over 800 new social and voluntary housing units over the period 2012 to 2014. This property is included in the list of approved projects.

My Department has received a Section 10 funding application in respect of the operation of this property as accommodation for homeless persons. The application is currently being considered by my Department.

Capital Assistance Scheme Funding

Questions (460)

Brendan Griffin

Question:

460. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the position regarding the funding of a facility (details supplied) in County Kerry; and if he will make a statement on the matter. [51564/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

This project was submitted to my Department for funding approval by Kerry County Council in response to a call for proposals for new voluntary housing projects which issued to local authorities on 7 June 2012. Voluntary housing projects to the value of €34.5 million were approved under the call, including one project in County Kerry costing an estimated €1.017 million.

Having regard to the large number of applications received and the limited funding available, it was not possible to approve the Camphill Community Housing project in Dingle at this time.

Rural Development Programme Funding

Questions (461)

Brendan Griffin

Question:

461. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the position regarding the funding for single rural cottages (details supplied) in County Kerry; and if he will make a statement on the matter. [51565/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

This year I allocated some €8.643 million to Kerry County Council in respect of the various measures supported under my Department’s Social Housing Investment Programme (SHIP). In addition, I allocated €2.606 million in respect of the Housing Adaptation Grant Schemes for Older People and People with a Disability. I recently allocated a further €420,000 to the Council for the construction of rural houses over the period 2012 – 2014. Having regard to the existing high level of commitments under the SHIP, I am not in a position to approve additional funding for Kerry County Council at this time.

Leader Programmes Funding

Questions (462)

Brendan Smith

Question:

462. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government when approval will issue to the Cavan/Monaghan LEADER programme in respect of projects (details supplied); and if he will make a statement on the matter. [51579/12]

Written answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

Funding of €314m is available under the Rural Development Programme (RDP) 2007-2013 for allocation to qualifying projects up to the end of 2013. There are 35 Local Action Groups (LAGs) contracted, on my Department’s behalf, to deliver the RDP throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with Departmental operating rules and EU regulations.

Projects that request funding of €150,000 or more are required to seek final approval from my Department. The assessment of such higher value projects usually involves detailed consultations between my Department and the relevant local development company. It frequently necessitates the provision of further documentation or clarifications. It may also, in some instances, result in modifications to the project proposed to ensure best value for money and compliance with all the necessary regulations, both national and European, governing the activities funded under the programme. These assessments also consider whether the project as proposed addresses the needs of the local community in the best possible way. A full and detailed assessment of all projects is essential. Currently, LEADER activities are co-financed by the European Union at a rate of 85% and, accordingly, come within the remit of a strict regulatory regime which requires that each project must be compliant before any funding is awarded by the LEADER companies.

The policy in my Department is to work with the Local Development Companies to ensure that the projects submitted are fully compliant and can be approved rather than to refuse approval for funding , and it can therefore take some time to come to a final conclusion. My Department will continue to work with Cavan Monaghan LEADER regarding the projects in question , to make a full assessment of their eligibility, and will inform the Group once all queries have been addressed satisfactorily.

Question No. 463 answered with Question No. 451.

Property Services Regulation

Questions (464)

Barry Cowen

Question:

464. Deputy Barry Cowen asked the Minister for Justice and Equality with regard to the Property Services Regulatory Authority and more specifically the section that deals with the residential property price register, the amount it receives per annum; the hours on which it is open to the public; the number of staff it employs; and if he will make a statement on the matter. [50940/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Property Services Regulatory Authority (PSRA) was established on a statutory basis on 3 April 2012 in accordance with the provisions of the Property Services (Regulation) Act 2011. The Authority currently has a total full-time equivalent of nine staff, including the Chief Executive.

Section 86 of the 2011 Act provides that the PSRA shall prepare and maintain a register of residential property sales prices in the State. The Residential Property Price Register was published by the Authority on 30 September 2012 and is available on its website www.psr.ie and at www.propertypriceregister.ie. The Register includes information on residential properties purchased in Ireland since 1 January 2010, as declared to the Revenue Commissioners for stamp duty purposes. The PSRA does not receive any fee income in respect of the Register since it is required under the provisions of Section 86 of the 2011 Act to make the information contained in the Register available free of charge. There is no public office provision in respect of the Register since the information is published on the Authority's website.

Personal Insolvency Act

Questions (465)

Michael Moynihan

Question:

465. Deputy Michael Moynihan asked the Minister for Justice and Equality under the new personal insolvency legislation, the criteria and process for employing personal insolvency practitioners; and if he will make a statement on the matter. [51077/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

I would refer the Deputy to my comments at Dáil Report Stage of the Personal Insolvency Bill 2012 on 7 November, where I indicated the following:

There will be a new Part 5 to replace the current Part 5 in regard to regulation of persons acting as personal insolvency practitioners. It will provide extensive provisions for the regulation by the insolvency service of the new personal insolvency practitioners. There will be regulatory provisions, oversight and provisions to ensure there are indemnities to guarantee that where funds are being dealt with, those using personal insolvency practitioners are protected. As I said in the course of this debate, many of the regulatory mechanisms already exist in other contexts. It is a question of adapting them to the insolvency legislation. A substantial amount of work has been done on that.

There was an issue at one stage as to whether it would be the Central Bank or the insolvency agency that would deal with the regulatory side but in the context of providing a unified focus on the insolvency area it was decided that it would be the insolvency agency. I was optimistic that we would be in a position to bring the amendments before this House on Report Stage but we will have them for the Seanad proceedings. Members will have an opportunity to consider them when they come back from the Seanad.

The engagement of a personal insolvency practitioner to negotiate either a Debt Settlement Arrangement or Personal Insolvency Arrangement will be entirely a matter for the debtor concerned. The debtor will be able to choose from the list of those practitioners regulated by the Insolvency Service of Ireland. As I have said on a number of occasions, I expect that accountants, lawyers and a broad range of financial advisors may wish to seek regulation as practitioners.

Coroners Service

Questions (466)

Robert Troy

Question:

466. Deputy Robert Troy asked the Minister for Justice and Equality the number of post mortem results pending being sent to the Coroner as of 1 November 2012; and if he will make a statement on the matter. [51205/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

Many factors influence the time it takes for post-mortem reports to be received by a coroner from the pathologist concerned. Coroners are effectively a purchaser of these reports and the services involved from individual pathologists who in turn may be dependent on other service providers such as the State Laboratory or various hospital services.

I understand that, in general, it takes at least 3 months and up to 6 months for a post-mortem report to be received by a coroner but it may take longer where further specialist tests are required (e.g. toxicology, histology and microbiology tests).

As of 1 November 2012, the number of cases outstanding for more than 3 months is 548. This figure should be viewed in the context of the total of 5,598 post-mortem reports ordered by coroners in 2011.

Proposed Legislation

Questions (467)

Maureen O'Sullivan

Question:

467. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in view of Ireland's election to the United Nations Human Rights Council, if he will prioritise publishing the mental capacity legislation; if this legislation will be up to date in line with international human rights law; and if he will make a statement on the matter. [51569/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

I refer the Deputy to my reply to Questions Nos. 480 and 496 of 13 November 2012 in which I said the following:

The Programme for Government includes a commitment to introduce a Mental Capacity Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. The proposals in the Scheme of the Bill, as published, have required extensive revision in order to meet that objective. Drafting of the Bill is at a very advanced stage and the Government Legislation Programme indicates that the Bill is expected to be published in the current session.

Charities and Voluntary Organisations

Questions (468)

Gerald Nash

Question:

468. Deputy Gerald Nash asked the Minister for Justice and Equality if he will review plans to wind down the charitable lotteries scheme; his views on whether he will oblige the successful applicant for the State's lottery licence to provide resources to organisations currently supported under the charitable lotteries scheme by way of a clause in, or condition under the licence regime; and if he will make a statement on the matter. [50865/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The amount of funding available under the Charitable Lotteries Scheme in 2012 is €6 million. This total is unchanged from 2011. Applications from nineteen eligible organisations, that is, charities that operate lotteries that were established before 1997, are currently being processed by the Department of Justice and Equality and payments will be made later this year. The total funding available under the Scheme will begin to reduce in 2013 and will be gradually decreased over a period of three years after which the scheme will be discontinued. Recipient organisations were advised of this in early October, in effect giving them more than 12 months notice of this change. The decision to wind down this Scheme has been taken in the context of the requirement for all Government Departments to meet exacting savings targets in the years ahead.

Funding disbursed under the Charitable Lotteries Scheme is drawn from both the National Lottery surplus and exchequer funding. The Scheme was set up in 1997 to supplement the incomes of charitable organisations that were operating lotteries in competition with the National Lottery. Approximately €114 million has been disbursed under the Scheme since its inception. The amount each organisation receives is determined in proportion to its gross annual sales of relevant lottery products. The criteria for the Scheme do not take account of either the profitability of the lottery or the proportion of the revenue it generates that reaches the charitable cause in whose name the products are sold. This means that the scheme has not provided any incentive for charities to operate lotteries with a low cost base or to ensure that a high proportion of the revenue generated goes directly to the cause with which the ticket is identified. Such a Scheme can no longer be justified in the current circumstances.

The gradual phasing out of the Scheme will yield savings of €11 million over the three year period 2013-2015, with a further saving of €6 million each year after 2015 when no further payments will be made. The level of assistance is being reduced gradually in order to minimise the impact on the organisations affected and to afford them an opportunity to consider appropriate action they could take to generate greater net profit from their fundraising activities and to make such changes as they consider beneficial.

In this context, I am also considering an increase to the current limits on private lottery prizes under the Gaming and Lotteries Act of 1956. I have asked organisations in receipt of funding under the Charitable Lotteries Scheme to consider this issue and have invited them to make a submission to my Department. I look forward to receiving their views in the near future.

The matter of the State's lottery licence is the responsibility of my colleague, the Minister for Public Expenditure and Reform.

State Bodies Mergers

Questions (469)

Denis Naughten

Question:

469. Deputy Denis Naughten asked the Minister for Justice and Equality if he will provide an update on the merger of the Equality Authority and the Human Rights Commission; and if he will make a statement on the matter. [50947/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

As the Deputy will recall, I published the General Scheme of a Bill to replace the Equality Authority and the Human Rights Commission with a new Irish Human Rights and Equality Commission on 5 June 2012. The Bill is currently being drafted and it is intended to have the legislation in place early next year. In parallel, arrangements are being made to select members of the new Commission. This is being handled by an independent Selection Panel set up for that purpose. Advertisements inviting applications were published last Sunday, with a deadline of 29 November for submission of applications. The successful applicants will be appointed to the two existing bodies, pending enactment of the necessary legislation to effect the merger. This will ensure that the two organisations can start to operate as a cohesive whole, with a transition programme being prepared and put in place, that the board(s) can commence preparing a Strategic Plan for the new body and that work can be taken forward rapidly on the staffing review envisaged in the Working Group report.

I can also inform the Deputy that a group of officials, led by the Secretary General, met with the Office of the High Commissioner of Human Rights (OHCHR) in October. This was a very positive meeting and addressed fully all the issues and concerns raised previously by the High Commissioner.

The OHCHR consider that Ireland has engaged in a good process in the development of the new Commission; has full confidence that the Government is approaching the issue in the right way and considers our approach as a best practice model for other countries.

The OHCHR welcomed the approach taken in the draft legislation of having two definitions of human rights and will encourage other countries to adopt this approach.

Garda Vetting of Personnel

Questions (470)

Michelle Mulherin

Question:

470. Deputy Michelle Mulherin asked the Minister for Justice and Equality the waiting times for applications for Garda vetting and clearance to be processed; and if he will make a statement on the matter. [51038/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Garda Central Vetting Unit (GCVU) provides employment vetting for a number of organisations (20,000 approximately) in Ireland registered with the Unit which employ personnel to work in a full time, part time, voluntary or student capacity with children and or vulnerable adults.

The current average processing time for vetting applications is 8 weeks. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. All organisations are aware of the processing time frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection processes.

I am very conscious of the need to keep this processing time to a minimum. I am confident that the current average processing time will be reduced as a number of measures to ensure improvements in the time it takes for the processing of vetting applications take effect.

Garda Vetting of Personnel

Questions (471, 473)

Michelle Mulherin

Question:

471. Deputy Michelle Mulherin asked the Minister for Justice and Equality in view of the additional demands and the broadening of criteria for Garda Vetting the new National Vetting Bureau Bill 2012 will put on the Garda Vetting and Clearance services, the additional resources that will be allocated to this service; and if he will make a statement on the matter. [51041/12]

Pádraig MacLochlainn

Question:

473. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of gardaí and the number of civilian staff employed by the Garda central vetting unit on 1 November 2012; the number employed under the JobBridge scheme on that date; the number of Garda staff and the number of civilian staff that will be employed by the new national vetting bureau once it is established; the number who will be employed through the JobBridge scheme; and if he will make a statement on the matter. [51245/12]

Written answers

Deputy Alan Shatter

I propose to take Questions Nos. 471 and 473 together.

I am further informed by the Garda authorities, that as of 31 October 2012 there were 1 Superintendent, 4 Gardaí and 92 Civilian whole-time equivalents, including 4 temporary positions, attached to the Garda Central Vetting Unit. A further 2 people are employed under the Job-bridge Scheme.

The personnel levels and capacity of the Unit are currently being reviewed in preparation for the implementation of the National Vetting Bureau Bill upon its enactment.

Residency Permits

Questions (472)

Bernard Durkan

Question:

472. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and or expected position of an application for residency status in the case of a person (details supplied) in County Dublin. [51055/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The person concerned has been granted Leave to Remain in the State for a three year period following the consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). This decision was conveyed in writing to the person concerned by letter dated 16th November, 2012.

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.

Question No. 473 answered with Question No. 471.

Garda Vetting of Personnel

Questions (474)

Pádraig MacLochlainn

Question:

474. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the average length of time for processing applications by the Garda Central Vetting Unit for each month since January 2011; and if he will make a statement on the matter. [51246/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Garda Central Vetting Unit (GCVU) provides employment vetting for a number of organisations (20,000 approximately) in Ireland registered with the Unit which employ personnel to work in a full time part time, voluntary or student capacity with children and or vulnerable adults. The average processing time for Garda Vetting applications for each month since January 2011 is outlined hereunder.

2011

Month	Average Processing Time
January	11 weeks
February	12 weeks
March	11 weeks
April	11 weeks
May	11 weeks
June	10 weeks
July	9 weeks
August	8 weeks
September	8 weeks
October	6 weeks
November	4 weeks
December	2 weeks

2012

Month	Average Processing Time
January	2 weeks
February	2 weeks
March	2 weeks
April	3 weeks
May	4 weeks
June	5 weeks
July	6 weeks
August	7 weeks
September	7 weeks
October	8 weeks
November	8 weeks

I should point out that these are average processing times and variations can occur for different reasons, for example it can take longer to process applications where additional information has to be sought. There are also seasonal fluctuations. All organisations are aware of the processing time frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection processes.

I am very conscious of the need to keep this processing time to a minimum. I am confident that the current average processing time will be reduced as a number of measures to ensure improvements take effect.

Garda Vetting of Personnel

Questions (475)

Pádraig MacLochlainn

Question:

475. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the details of the training required by employees of the national vetting bureau; the timeframe of this training; and if he will make a statement on the matter. [51247/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

I am informed by the Garda authorities that the training period for new staff members at the Garda Central Vetting Unit is for a duration of 12 weeks including on-the-job training with intensive Quality Control. This is the standard training programme for all new personnel allocated to work at the Garda Central Vetting Unit.

The programme provides in-depth training in relation to the Garda Vetting system and includes training on the Garda PULSE system, Criminal Records system and the Garda Central Vetting Unit computerised systems.

Proposed Legislation

Questions (476)

Pádraig MacLochlainn

Question:

476. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the date on which he will publish a new Sexual Offences Bill; and if he will make a statement on the matter. [51250/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

My Department has been conducting a wide-ranging review of the law on sexual offences. The review is close to completion and I expect to bring a draft General Scheme to Government shortly with a view to seeking approval for the drafting of the necessary legislation.

Garda Stations Closures

Questions (477)

Mattie McGrath

Question:

477. Deputy Mattie McGrath asked the Minister for Justice and Equality if he will confirm the announcement that Clonmel Garda Barracks will be relocated to the former Kickham Barracks site; if he will confirm when funding will be made available for the project; and if he will make a statement on the matter. [51369/12]

Written answers

Minister for Justice and Equality (Deputy Alan Shatter)

The Deputy will recall that in my reply on 7 November 2012 to a Priority Question, in my role as Minister for Defence, I indicated that discussions have been taking place between the Department of Defence and other parties in relation to the future of the former Kickham Barracks in Clonmel, Co Tipperary. As I also stated in the course of supplementaries, these discussions include the question of the sale of a portion of the site for a new Garda station in Clonmel.

The current position is that following the most recent round of discussions, which have taken place within the last week, I expect that a portion of the former barracks will be made available for the provision of a Garda station.

The Deputy will appreciate that the new District Headquarters project will involve substantial building and fit out costs. Currently the relevant finance is not available within the Vote of the Office Of Public Works from which the capital costs of Garda accommodation are met and, accordingly, I am pursuing the funding issue with my Government colleagues. I am optimistic that the required funding will at a later stage become available in an appropriate Capital Program.