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Tuesday, 20 Nov 2012

Written Answers Nos. 478-498

Direct Provision System

Questions (478)

Pearse Doherty

Question:

478. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will provide, in tabular form, the total cost to the State per year for every year since it opened of the Towers Hotel direct provision hostel, Clondalkin, Dublin 22; the total number of adults and children resident at the hostel on 1 January each year for every year since the hostel opened; the number of inspections carried out by Departmental staff or other Government agencies or bodies each year since the hostel opened; the number of adults and children deported while resident at the hostel each year for every year since the hostel was opened; and if he will make a statement on the matter. [51410/12]

View answer

Written answers

Clondalkin Towers is one of 35 asylum accommodation centres across 17 counties under contract to the Reception & Integration Agency (RIA), an operational unit of the Irish Naturalisation & Immigration Service (INIS) of my Department, currently providing accommodation to a total of 4,852 persons seeking international protection.

There are currently 240 persons residing in Clondalkin Towers. A breakdown by age and gender of persons residing in the centre on 1 January of each year since the centre began operation on 10 October, 2006 is as follows:

Date

Occupancy

Males

Females

Children (0-17 years)

18 years plus

01/01/07*

227

Not Available

Not Available

Not Available

Not Available

01/01/08

260

79

181

83

177

01/01/09

242

82

160

94

148

01/01/10

196

77

119

80

116

01/01/11

193

72

121

73

120

01/01/12

225

86

139

87

138

(* Prior to this date, annual statistics were not collated in a way to show an age and gender breakdown)

Inspections take place in all centres by RIA staff and by an independent company QTS, to ensure that they are adhering to their contractual obligations. The number of inspections carried out on the Towers since it opened are as follows:

Year

Independent Inspection Company QTS

RIA Inspection

2007

1

0

2008

1

1

2009

1

2

2010

1

1

2011

1

3

2012 (to date)

1

1

Total

6

8

Asylum seekers are not allocated to particular centres based on status of their asylum claim or their length of time in the asylum process. Records are not maintained in such a way as to distinguish one centre from another in terms of residents who have been deported or granted leave to remain: such information would have no practical application or value. It is therefore not possible to provide the Deputy with any information on the number of deportees from the Towers since it opened on 10/10/2006.

In relation to cost, it is assumed that this question relates to the cost of the contract between RIA and the proprietor of the Towers. This is set out in the table below. It does not include costs in relation to the provision of medical, educational or other services to the residents of the Towers, as these costs would be borne by the relevant Government departments dealing with same.

Clondalkin Towers was first contracted to RIA on 10/10/2006. The current contract ends on 24/12/2012. A new contract with a reduced accommodation capacity will follow thereafter covering a further period to 26 June, 2014. As I have explained before in response to previous Dáil Questions, it is not in the interests of the taxpayer that details of current individual contracts are known to the public or to other parties who are, or may be in the future, engaged in negotiations with RIA. Therefore, details of current contracts are not provided. The policy is that the updating of the table of contracts will take place only at the end of January each year in respect of all financial information up to the end of December two years previously, e.g. at the end of January, 2012 the records are updated to end of December 2009. This policy has been upheld by the Office of the Information Commissioner.

Therefore, whilst the current contract in respect of the Towers ends on 24 December, 2012, details of payments under this contract in the table below cover only the period to 31 December, 2009.

Centre

Contract start

Contract end

Value * (see note)

Capacity

Contractor

The Towers

10/10/2006

31/03/2009

€7,993,500

50-250

Rowtes Ltd

The Towers

01/04/2009

24/12/2012

€2,656,500 *

250

Rowtes Ltd

*where contract date goes beyond 31/12/2009, the value shown represents those payments made up to 31/12/2009.

Garda Deployment

Questions (479)

Gerry Adams

Question:

479. Deputy Gerry Adams asked the Minister for Justice and Equality if he will explain in detail the ratio for the distribution of Gardaí in towns across the State. [51438/12]

View answer

Written answers

The Deputy will be aware that the detailed allocation of resources throughout the country is a matter for the Commissioner in consultation with his Senior Management and I have no direct function in this regard.

I have however, asked the Commissioner for details on the issue referred to by the Deputy and I will revert to him directly on its receipt.

Garda Strength

Questions (480, 481)

Gerry Adams

Question:

480. Deputy Gerry Adams asked the Minister for Justice and Equality the number of gardaí stationed in Sligo town. [51439/12]

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Gerry Adams

Question:

481. Deputy Gerry Adams asked the Minister for Justice and Equality the number of gardaí stationed in Drogheda town. [51440/12]

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Written answers

I propose to take Questions Nos. 480 and 481 together.

The 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.

I have been informed by the Garda Commissioner that on 31 October 2012, the latest date for which figures are readily available, the personnel strength of Sligo and Drogheda Garda Stations was 142 and 94 respectively. There are also 12 Reserve Gardaí and 14 civilians attached to Sligo Garda Station and 21 Reserve Gardaí and 12 civilians attached to Drogheda Garda Station.

The Deputy will be aware that while both Garda stations are Divisional headquarters, Sligo is also a Regional headquarters covering the Northern region.

Human Rights Issues

Questions (482)

Aodhán Ó Ríordáin

Question:

482. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality in view of Ireland's seat on the UN Human Rights Council, when he plans to grant Irish Travellers ethnic status in recognition of their human rights; and if he will make a statement on the matter. [51492/12]

View answer

Written answers

I refer to the reply to Question No. 39341/12 of 19 September 2012. Since then a conference on the area of ethnicity took place on 27 September organised by the National Traveller Monitoring and Advisory Committee and with the support and funding of my Department. At this conference various aspects of the ethnicity subject were considered from a wide spectrum of opinion. Consideration of the question remains ongoing with a view to ensuring that full analysis of all aspects of the granting of ethnic status to Travellers is available to Government when coming to a decision on the matter.

Proposed Legislation

Questions (483)

Aodhán Ó Ríordáin

Question:

483. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality in view the recent cases of suicide as a result of cyberbullying, if he will move legislation to allow Gardaí to obtain and investigate IP addresses from firms cited to be involved in these bullying cases; and if he will make a statement on the matter. [51493/12]

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Written answers

I want to assure the Deputy that I attach the highest importance to the fight against cyberbullying. As recent tragic events have shown, it can have the most serious and tragic consequences.

Cyberbullying may amount to the offence of harassment under the 1997 Non Fatal Offences Against the Person Act. As Minister, my function is to ensure the removal of barriers hindering not only the prosecution but also the effective investigation of offences under that Act.

In a statement in this House on 7 November I referred to my request to the Law Reform Commission to examine the requirement that, in order for it to secure a conviction, the prosecution must show persistence by the accused in pursuing the offence of harassment under the 1997 Act.

The matter raised by the Deputy relates for the most part to the investigation of offences. In just the same way as already mentioned, I will pursue any evidence of difficulties in gaining the access required by the Gardaí in the course of their investigations, bearing in mind that some sites are based outside of this jurisdiction. However, I have not been alerted to any difficulty in securing access to data required in relation to investigations into cyberbullying. The IT industry in Ireland, I am pleased to say, acts in line with the spirit as well as the letter of the law.

I therefore have no immediate plans for legislation but I will review my position in the event that the need for legislative change becoming evident.

Question No. 484 withdrawn.

Courts Service Issues

Questions (485)

Micheál Martin

Question:

485. Deputy Micheál Martin asked the Minister for Justice and Equality the reason he has failed to reply to South Dublin County motion querying the Courts Service's failure to collect £239,000 in outstanding fines for litter offences over the past seven years; the measures he now intends to take to recoup this revenue; and if he will make a statement on the matter. [51520/12]

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Written answers

I am making enquiries in relation to the matter referred to by the Deputy. I will contact the Deputy again when the information sought is to hand.

Road Traffic Offences

Questions (486)

John McGuinness

Question:

486. Deputy John McGuinness asked the Minister for Justice and Equality the number of occasions on which Gardaí who were prosecuting road traffic offences failed to turn up in court; if the loss of revenue or fines due to the State has been calculated; the steps being taken to minimise this problem; and if he will make a statement on the matter. [51537/12]

View answer

Written answers

I am informed by the Courts Service that court statistics are not compiled in such a way as to provide the information sought by the Deputy. I have, however, sought a report from the Garda authorities in relation to the matters raised and will respond to the Deputy as soon as the report is available.

Citizenship Applications

Questions (487)

Éamon Ó Cuív

Question:

487. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if it is within his discretion to grant citizenship on the grounds outlined in an email forwarded to him on the 23 October, 2012 on behalf of a person (details supplied); and if he will make a statement on the matter. [51571/12]

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Written answers

In accordance with Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations. It is open to the person concerned to make an application for naturalisation and all relevant information will be taken into account in consideration of the application.

Defence Forces Recruitment

Questions (488, 489)

Seán Fleming

Question:

488. Deputy Sean Fleming asked the Minister for Defence the cost of the external agencies involved in the recent recruitment campaign to the Defence Forces; if he will provide the name of the company; the fee structure involved; the total cost incurred in this process; and if he will make a statement on the matter. [51221/12]

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Seán Fleming

Question:

489. Deputy Sean Fleming asked the Minister for Defence the reason the recruitment campaign to the Defence Forces was not conducted internally within the Defence Forces or within the Public Service; the reason it was necessary to outsource part of this process; and if he will make a statement on the matter. [51222/12]

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Written answers

I propose to take Questions Nos. 488 and 489 together.

The Military Authorities have advised that the 2012 General Service Recruitment campaign along with the Army and Naval Service Cadetship Competitions were carried out by Permanent Defence Force personnel with assistance provided by the Public Appointments Service (PAS) in the staging of the Psychometric Testing element of these competitions. Normally there is no payment accruing to PAS, however, due to exceptional circumstances there was a charge of €14,021 in 2012. The cost of hiring the venue for Psychometric Testing was €8,000. No outside recruitment agency was utilised by the Defence Forces for any element of these competitions.

The services of CAE PARC Aviation, a specialist aviation recruitment company, are used to assist in the selection of Air Corps Cadets. This company carries out specialist psychometric and psychomotor testing. The expertise in this particular area of testing is not available in the Defence Forces or in PAS. The cost involved in availing of PARC services was €52,000 in 2012.

In 2012, an additional €106,310 was expended on advertising for the General Service Recruitment Competition, Cadetship Competitions, Air Corp Apprentice Competition and Naval Service Engine Room Artificer Competition.

Defence Forces Reserve Review

Questions (490)

Robert Troy

Question:

490. Deputy Robert Troy asked the Minister for Defence when he will publish his value for money review in relation to the Reserve Defence Forces and if he will commitment to ensuring the long term sustainability of same. [51261/12]

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Written answers

The Value for Money Review of the Reserve Defence Force was completed and submitted to myself and the Secretary General of my Department last month. In advance of its publication, and in line with the guidelines and normal procedure for Value for Money Reviews, the development of responses to the recommendations has been ongoing and is nearing completion. Until such time as these deliberations are finalised, I cannot comment on any aspect of future plans for the organisation. However, I anticipate that the VFM report will be published in the very near future.

Irish Red Cross Funding

Questions (491, 492)

Finian McGrath

Question:

491. Deputy Finian McGrath asked the Minister for Defence the expected total amount of the grant in aid to the Irish Red Cross in 2013; if there will be a cut on this year's amount or if it will be at the same level as last year; and if he will make a statement on the matter. [51364/12]

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Finian McGrath

Question:

492. Deputy Finian McGrath asked the Minister for Defence the total amount of the grant in aid to the Irish Red Cross in 2012; if he has received a report from the Irish Red Cross on the way this grant was utilised; if he will outline the way this grant was utilised; and if he will make a statement on the matter. [51365/12]

View answer

Written answers

I propose to take Questions Nos. 491 and 492 together.

The total grant-in-aid paid by my Department to the Irish Red Cross Society for 2012 amounts to €869,000. This consists of a grant of €739,000 towards the salary and administration costs of running the headquarters of the Irish Society and the Government’s annual contribution of €130,000 to the International Committee of the Red Cross.

A report on how the grant will be utilised in 2012 was provided by the Society earlier this year and a further report will be provided early next year showing the 2012 outturns. I am satisfied that the grant will be properly accounted for and is being used for the purposes for which it is granted.

With regard to the total amount of grant-in-aid to be paid next year, the position is that this matter is being considered at present as part of the Estimates process in my Department.

Defence Forces Retirement Scheme

Questions (493)

Dara Calleary

Question:

493. Deputy Dara Calleary asked the Minister for Defence the position regarding the proposal to provide an early retirement scheme for border troops and FCA members; and if he will make a statement on the matter. [51382/12]

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Written answers

The Department of Public Expenditure and Reform is currently considering the introduction of a targeted Voluntary Redundancy Scheme in parts of the Public Service, primarily to address the issue of staff surpluses, where such staff cannot be redeployed within the system. I am not aware of any proposal for the introduction of a separate early retirement scheme or that consideration is being given to same. Given the fact that the Defence Forces are currently below strength and that recruitment is ongoing, there are no plans to introduce a voluntary redundancy or an early retirement scheme for the Defence Forces at this time.

Defence Forces Remuneration

Questions (494)

John McGuinness

Question:

494. Deputy John McGuinness asked the Minister for Defence if he will examine the rate of pension being paid to a person (details supplied) in County Tipperary; the way this rate of pension after 32 years service compares to a person retiring after 21 years service; if they would have had a better pension payment if they had retired after 21 years service; and if he will make a statement on the matter. [51539/12]

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Written answers

The person referred to would not have received a higher pension if he had retired after 21 years service. The basic position is that an ‘additional increment’ is paid over and above the 21-year pension for each additional year of service above 21 years to a maximum of 31 years. However, this additional element ceases to be payable when an individual reaches social welfare State Pension age.

The detailed position is as follows: Under the pre-April 2004 Defence Forces Pension Schemes, the minimum service required for an immediate pension and lump sum in the case of NCOs and Privates is 21 years, regardless of age. Maximum benefits accrue after 31 years. The 21-year pension consists of the following elements:

(a) a basic flat-rate pension that varies according to rank (€12,913.19 p.a. for a Corporal as in the specific case of the person referred to); plus

(b) an addition in respect of military service allowance (MSA) equal to 40% of the MSA rate where discharged since August 1990 (equal to €2,536.16 p.a. in this case); and

(c) if applicable, fixed % additions to (a) in respect of certain other qualifying payments (e.g. 3% extra for Technician Pay in his specific case).

All of the above elements are payable for the person’s lifetime. However, an ‘additional increment’ is also payable at a flat rate for each year of service in excess of 21 years up to a maximum of 31 years. This increment is increased, where appropriate, by the top-up at (c). Where maximum pensionable service is 31 or more years, as applies in this instance, the MSA top-up is 50% of the rate of MSA (rather than 40%). In this specific case, his additional increment (inclusive of the top-up at (c)) amounted to €4,804.84 p.a. However, this ceases to be payable when the pensioner reaches the qualifying age of 66 under the Social Welfare code for a State Pension Contributory, or if they become entitled to a State Pension (Transition) at the earlier age of 65. At the same time, the 50% MSA top-up reverts to the 40% rate.

I am advised that these arrangements are in accordance with the long established principle of integrating occupational pensions with Social Insurance benefits of employees who are in full PRSI class. This includes NCOs and Privates, who are fully insured for the range of benefits under the Social Welfare Acts such as the State Pension. ‘Integration' means that a person’s entitlement to Social Insurance benefits such as the State Pension is taken into account when calculating the rate of occupational pension payable. In effect, integration results in a reduced rate of occupational pension than would otherwise be the case. In the public service generally, the practical effect of integration is that the maximum occupational pension is 50% of pensionable pay less the maximum personal rate of State Pension (Contributory) applicable at retirement date. The State Pension etc. is regarded as part of the overall pension package payable to the individual. The occupational pension integrated (combined) with the State Pension makes up the ‘total pension’ for full PRSI contributors in the public service. The integration principle applies right across the public service and, indeed, in many areas of the private sector as well as in other countries.

When the person in question retired on 1 February 2007 (at age 60) from the Defence Forces he had accrued the maximum pensionable service of 31 years and, on that basis, qualified for a significantly higher pension than if he had left after 21 years service. From that date up until the eve of his 65th birthday (31 January 2012), his military pension included the additional increment for 31 years’ service and the corresponding MSA top-up, on that date giving a pension rate of €20,719.08 a year. On turning 65 (1 February 2012), he qualified for the State Pension (Transition). In accordance with the arrangements mentioned, the additional elements in respect of his service for 22 – 31 years ceased to be payable from that date. Since then, his revised military pension rate has been €15,606.55 a year, a reduction of €5,112.53. These are the gross rates in his case after application of the ‘Public Service Pension Reduction’ introduced under emergency legislation in 2011 (the actual amount of which itself has been reduced in this person’s case by virtue of his lower military pension rate).

The maximum personal rate of State Pension is currently €230.30 a week (if under age 80). This is considerably greater than the actual reduction of €97.98 a week in this person’s case under the pre-April 2004 Defence Forces’ pension arrangements on his qualification for the State Pension at age 65. Indeed, his current combined weekly pension of €529.39 (i.e. Defence Forces pension of €299.09 plus State Pension of €230.30) represents a one-third increase on what he was getting alone from his military pension before turning 65.

The method of integration for these military pensioners is considerably less severe than in other areas of the public service. This is because elsewhere generally, the integration mechanism begins from the time an occupational pension comes into payment and, as I have already indicated, it effectively caps at 50% of pensionable pay the combined value of the occupational pension plus State pension. In contrast, for retired pre-April 2004 enlisted personnel such as the person referred to, integration as outlined above does not actually apply at all until the social welfare State Pension becomes payable at age 65 / 66. This could be some (or many) years after the person concerned had retired on pension from the Defence Forces. Even then, at age 65/66, the Defence Forces pension plus State Pension actually exceeds the public service maximum of 50% of pensionable pay. In effect, these military pensioners have what amounts to a partial, and more favourable, form of integration.

The general issue of integration of occupational pensions in the public service was examined by the Commission on Public Service Pensions. Its final report, published in November 2000, was considered and broadly accepted by Government. The Commission accepted that integration is a fundamental component in the public service pension framework and was strongly of the view that it should be continued. It did not make any recommendations that would affect the current integration arrangements applicable to retired NCOs and Privates covered by the pre-April 2004 Defence Forces pensions schemes.

Íocaíochtaí Deontas

Questions (495)

Éamon Ó Cuív

Question:

495. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén fáth a ndúradh le feilmeoir (sonraí tugtha) nach n-íocfaí é go dtí an bhliain seo chugainn faoin scéim disadvantage area agus single farm payment; cén fáth nach ndearnadh cigireacht ar a fheilm níos túisce i mbliana; agus an ndéanfaidh sé ráiteas ina thaobh. [50858/12]

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Written answers

Is iarratasóir é an duine ainmnithe faoi Scéim na hAoníocaíochta agus Scéim na Limistéar faoi Mhíbhuntáiste. Bhí an t-iarratas lena mbaineann ar cheann de roinnt iarratas a roghnaíodh lena iniúchadh chun ceanglais AE a chomhlíonadh. A luaithe is a bheidh an t-iniúchadh agus na próisis lena mbaineann tugtha chun críche, déanfar an t-iarratas a chríochnú.

Disadvantaged Areas Scheme Payments

Questions (496)

Paul Connaughton

Question:

496. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when disadvantaged area payment will issue in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [50887/12]

View answer

Written answers

As processing of the 2012 Disadvantaged Areas Scheme application has recently been finalised, payment will shortly issue directly to the nominated bank account.

Live Exports

Questions (497)

Pat Deering

Question:

497. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine further to Parliamentary Questions Nos. 277, 278 and 279 of 8 November 2012, if he will be more specific regarding when the age limit will increase to 30 months in Libya and when boats approved for live cattle exports will be available. [50921/12]

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Written answers

At the end of September last the Libyan authorities agreed to a revised health certificate for cattle exports, including a 30-month age limit and clarification on the IBR vaccination issue. They requested original authenticated copies of the revised certificate to be sent to them for corresponding authentication on their side. The certificates were sent immediately thereafter on the 28 September. We are awaiting an official response to this communication.

No boats from Ireland are currently approved for such export but I am hopeful that a ship will be approved around year-end to enable sailings to commence in the New Year. I have asked my Department to ensure that approval of vessels is carried out as expediently as possible. I would add that there are other routes to Libya than direct sailings which involve overland through France and shipping across the Mediterranean.

Turbary Rights

Questions (498)

Thomas Pringle

Question:

498. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will supply the second schedule of the Q3 (details supplied) to clarify the turbary rights attached to the Q3 lease. [50932/12]

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Written answers

Q3 agreements are sale agreements between the former Irish Land Commission and the persons named thereon and are not viewed as title documents. These types of Q3 agreements are in respect of turbary rights only over defined plots as outlined in the 1st Schedule of the agreements.

In this case the sale agreement was signed in 1942 by the person named in the details supplied and described as deceased. The 2nd Schedule on this sale agreement which usually sets out the holding on which the turf is to be used is blank except for the entry of a Collection number. This number appears to refer to the former Mountcharles/Conyngham Estate and is cross referenced to a List of Vested Holdings published in Iris Oifigiúil on 19 May 1931.

Copies of the Q3 agreements are only available to the persons named thereon. I understand that there is a dispute as to use of the turbary plot in this case which is a private law matter between the parties concerned.

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