Written Answers Nos. 491-514
492. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he has received and reviewed the draft document by the National Directorate for Fire and Emergency Management, Keeping Communities Safe; if he is concerned by any proposals to reduce minimum manning levels in the Fire Service; and if he will make a statement on the matter. [52902/12]
View answerThe Management Board of my Department’s National Directorate for Fire and Emergency Management has approved a policy document called Keeping Communities Safe (KCS) which is intended to set the future direction of fire services in Ireland. The policy document seeks to define an integrated approach to fire safety by ensuring an appropriate incident response from the fire service while strengthening the service’s role in fire prevention and community fire safety. The KCS document is the outcome of a wide ranging review of fire services activities , and considers future roles and appropriate structures to deliver services effectively and efficiently. Its preparation involved broad stakeholder consultation and its provisions are in line with international best practice.
I will be bringing Keeping Communities Safe to the attention of Government and I expect to publish it as national policy in the near future.
493. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 462 of 13 November 2012, the reason the specification on hardcore is being developed in conjunction with recommendation 21 of the Pyrite Panel which deals with general insurance issues, rather than recommendation 22. [52923/12]
View answerThe reference to Recommendation 21 in reply to Question No. 462 is to Standard Recommendation (SR) 21 , Guidance on the use of I.S. EN 13242 – Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction , not to recommendation 21 in the Pyrite Report.
495. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will confirm that each local authority has complied with the letter issued by the water quality section of his Department on 25 November 2002 that all public and private supplies of drinking water sourced from groundwater is tested for uranium; and if he will make a statement on the matter. [53042/12]
View answerThe communication referred to in the Question was issued on foot of elevated levels of uranium being found at that time by the EPA’s groundwater monitoring programme in Co. Wicklow. Details of how this situation was addressed are contained in the EPA’s State of the Environment Report 2004 .
Since that communication issued in 2002, the European Communities (Drinking Water) (No. 2) Regulations 2007 have been introduced. These Regulations specify the frequency for sampling and analysis of water supplies and prescribe the limits for 48 microbiological, chemical and indicator parameters and standards which water supplies are required to meet. Drinking water samples are assessed for compliance with ‘total indicative dose’ (TID) which is the parametric standard for radiation set out in the Regulations.
Under the Regulations, the EPA is responsible for the supervision of the provision of public water supplies by local authorities, while local authorities are responsible for supervising other water suppliers. All water suppliers are required to ensure that water is clean and wholesome and this is verified by regular monitoring and sampling. The Regulations also refer to exempted supplies; these are individual supplies of less than 10 cubic metres per day or serving less than 50 persons and not serving any commercial or public activity. These supplies are not required to meet the monitoring requirements of the Regulations.
It is a responsibility of the EPA, under the Environmental Protection Agency Act 1992, to publish the results of such water testing. The Act requires such reports to be laid before each House of the Oireachtas. The most recent drinking water report produced by the Agency, The Provision and Quality of Drinking Water in Ireland, A Report for the Year 2010 was published in 2011. These reports set out details on the monitoring results for drinking water quality.
496. Deputy Jack Wall asked the Minister for the Environment, Community and Local Government his plans to provide a grant for the removal of asbestos sheeting or roofing in view of the amount of this material that is still in use and the considerable cost involved in its removal; and if he will make a statement on the matter. [53053/12]
View answerI have no plans to provide grant assistance for the removal of asbestos sheeting or roofing . Under Section 32 of the Waste Management Act 1996, the management and control of any waste arising from the removal of this material is the responsibility of the producer or holder of such waste.
Asbestos waste is classified as a hazardous material, and must therefore be disposed of according to strict procedures. Advice on its proper disposal is available from the website of the Environmental Protection Agency, www.epa.ie.
497. Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position regarding the number of new State agencies, forums and task forces that have been established in 2012; the number of new employees there are as a result of this; and if he will make a statement on the matter. [53698/12]
View answerThe following State Agencies were established in 2012:
Local Government Management Agency - merger of the Local Government Management Services Board, the Local Government Computer Services Board and residual functions of An Comhairle Leabharlanna; no new employees.
Housing and Sustainable Communities Agency – rationalised functions of the National Building Agency, the Affordable Homes Partnership and the Centre for Housing Research; no new employees.
The following Forums/Task Forces were established in 2012:
Waste Forum - provides a mechanism for its membership, drawn from a wide range of stakeholders, to discuss and consider waste management matters, including policy, practices and outcomes; no new employees.
Commission for the Economic Development of Rural Areas – has a defined remit and timeframe to investigate the future economic potential of rural Ireland. Its main output will be a report that aims to inform medium term economic development of rural areas for the period to 2025. It operates within existing resources, drawing upon shared services and facilities, including a secretariat provided by the partnering institutions, i.e. the Department, Teagasc and the Western Development Commission. The Commission hopes to recruit a small number of trainees under the JobBridge programme to work in Teagasc; otherwise, no new employees.
498. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans in the forthcoming year to publish the Mental Health Capacity Bill with particular reference to the many persons currently affected by the Wards of Court process; and if he will make a statement on the matter. [52486/12]
View answerI assume the Deputy is referring to the Mental Capacity Bill and I refer him to my response to Question No. 467 of 20 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."
The Bill proposes replacement of the Wards of Court system with a modern statutory framework to support persons with impaired decision-making ability.
499. Deputy Derek Nolan asked the Minister for Justice and Equality the reason there has been a delay in the processing of an application for citizenship in respect of a person (details supplied); and if he will make a statement on the matter. [52209/12]
View answerI am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that the application for a certificate of naturalisation received from the person referred to by the Deputy is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
While good progress continues to be made in reducing the large volume of cases on hands, the nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process. It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I can, however, inform the Deputy that enormous progress has been made in dealing with the backlog and steps are being taken to process all outstanding applications as quickly as possible.
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.
500. Deputy Michael McNamara asked the Minister for Justice and Equality when a naturalisation application will be finalised in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [52256/12]
View answerI am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in January, 2009.
The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. While good progress continues to be made in reducing the large volume of cases on hand, the nature of the naturalisation process is such that for a broad range of reasons some cases will take longer than others to process. It is a statutory requirement that, inter alia, applicants for naturalisation be of good character. In some instances that can be established relatively quickly and in other cases completing the necessary checks can take a considerable period of time. I can, however, inform the Deputy that enormous progress has been made in dealing with the backlog and steps are being taken to process all outstanding applications as quickly as possible.
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.
501. Deputy Thomas Pringle asked the Minister for Justice and Equality if he will list all integration funding currently available for prospective applicants. [52261/12]
View answerThe Office for the Promotion of Migrant Integration in my Department has channelled significant funding for the promotion of migrant integration to local authorities, national sporting bodies and other national organisations in recent years. This funding is continuing but on a limited scale because our resources are reduced in line with public expenditure generally. There is unfortunately little or no scope at present to take on new projects.
The Office is also responsible for the European Refugee Fund and the European Fund for the Integration of Third-Country Nationals. Consideration will be given to conducting a call for applications under these Funds early next year.
In 2012, the non-pay provision for the Office for the Promotion of Migrant Integration is €1.344 million with a further €1.5 million for the two European Funds referred to earlier. The allocations for 2013 will be published in the Book of Estimates.
502. Deputy Clare Daly asked the Minister for Justice and Equality in view of the recent tragedy in Galway Regional Hospital and the Coombe University Women and Children's Hospital, Dublin, where two women died within 48 hours in October 2012, if he will confirm when legislative changes to the Coroner's Act will take place to make an inquest an automatic event following all maternal deaths. [52306/12]
View answerThe requirement to report a death to a coroner and whether to subsequently conduct an inquest is set out in sections 17 and 18 of the Coroners Act 1962. Under Coroners' Rules of Practice, as outlined on the Coroners website www.coroners.ie, all maternal deaths relating to childbirth are required to be reported to the coroner. The Coroners Bill 2007, confirms this by providing, inter-alia, in the Third Schedule on Deaths Reportable to Coroner, for the reporting of "any maternal death that occurs during or following pregnancy (up to a period of six weeks post-partum) or that might be related to pregnancy".
The cases cited by the Deputy are indeed tragic and we are all conscious of the anguish of the families concerned. However, it is the case that maternal deaths in this State are very rare and we have one of the lowest maternal mortality rates in the world. Where such deaths occur, they must be reported to a coroner who would normally require that a post-mortem examination be held. It is then a matter for decision by the coroner, having regard to the circumstances of the maternal death, whether an inquest is necessary to determine the circumstances. While an inquest would normally be held, there may be cases where an inquest would be unnecessary and leaving it to the discretion of the coroner is, therefore, considered to be the most appropriate public policy position.
The Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed in my Department with a view, among other matters, to making it as cost-effective as possible. The Bill, as published, provides for the comprehensive reform of the existing legislation and structures relating to coroners and provides for the establishment of a new Coroner Service. The Bill incorporates many of the recommendations made by the Coroners Review Group in 2000 and the Coroners Rules Committee in 2003 and it aims to fulfil various obligations placed on the State by the European Convention on Human Rights and, particularly, the Article 2 requirement in relation to the investigation of deaths of persons involving the State.
It would be my hope to progress the Coroners Bill next year.
503. Deputy Clare Daly asked the Minister for Justice and Equality the reason repeated requests from family members for an inquest into the death of a person (details supplied) which took place on the Rotunda Hospital, Dublin, in March 2010 have not been granted. [52307/12]
View answerUnder the Coroners Act, 1962, a Coroner is a statutory officer exercising quasi-judicial functions in relation to which he/she is independent and neither I nor my Department has any role in individual cases. However, to be of assistance to the family in question, inquiries have been made and it is understood that this case is with the Dublin Coroner. I understand that the Coroner has decided to revisit his original decision not to hold an inquest into this death, and he is currently waiting for outstanding reports. A decision in relation to an inquest will be made shortly after all reports are received and will be conveyed to the next of kin.
504. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will provide, in tabular form, the number of staff in his Department or in bodies which fall under the remit of his Department whose annual remuneration including salary, pension and benefits at 31 December 2011 fell into bands of €400,000 and above, between €300,000 to €399,999, between €200,000 to €299,999 and between €150,000 to €199,000; and if he will provide a breakdown of the positions held by staff in the relevant pay brackets. [52461/12]
View answer505. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he has made any contacts requesting staff whose annual salary is in excess of €200,000 in his Department or in any body under the remit of his Department, to waive 15% of their salary or such amount in excess of €200,000 whichever is the lesser; if he has, the date on which he first made this contact; the number of staff whose annual salaries were in excess of €200,000 at that date; the number of staff who acquiesced to the request for the waiver; the number of staff who refused the request for the waiver and the number of staff who have not responded to the request for the waiver. [52462/12]
View answerI propose to take Questions Nos. 504 and 505 together.
There were no staff in my Department or in any of the agencies or bodies that fall under its aegis whose annual salaries at 31 December 2011 were in excess of €200,000. At the end of 2011 there were 16 individuals in positions across the Justice Sector with annual salaries of between €150,000 and €199,000 the details of which are set out as follows.
|
Department/Agency |
Position |
|
Department of Justice & Equality |
Secretary General |
|
Chairperson of the Mental Health (Criminal Law Review Board) |
|
|
Chairperson of the Smithwick Tribunal of Inquiry |
|
|
State Pathologist |
|
|
Deputy State Pathologists (2) |
|
|
Bureau Legal Officer |
|
|
Chief Inspector of the Garda Inspectorate |
|
|
Assistant Secretary PPC scale |
|
|
Irish Prison Service |
Director General |
|
Garda Síochána Ombudsman Commission |
Chairperson |
|
Irish Human Rights Commission |
President |
|
Courts Service |
Chief Executive Officer |
|
Master of the High Court |
|
|
An Garda Síochána |
Commissioner |
|
Deputy Commissioner |
506. Deputy Eamonn Maloney asked the Minister for Justice and Equality further to Parliamentary Question No. 502 of 13 November 2012, if he will explain the purpose of the allowance paid to staff of the National Disability Authority at Assistant Principal level in terms of the additional work carried out or additional responsibilities held or additional services provided by the staff that receive this allowance, that is, what the employer receives in return for the allowance. [52501/12]
View answerThe allowance in question was made as a pay award under the Programme for Competitiveness and Work (PCW) which was agreed in 1999 for Assistant Principal and Principal Officer grades on a selective basis across the Civil Service. The intention of such an allowance, as agreed with the Unions, was the enhancement of efficiency and effectiveness, rewarding of special or scarce skills etc. The scheme provided for regrading e.g. from Assistant Principal to Assistant Principal (Higher) where this was regarded as appropriate within the terms of the scheme.
507. Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps the Gardaí are taking in an area (details supplied) in County Meath to reduce crime; and if he will make a statement on the matter. [52547/12]
View answer508. Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of arrests that have been made in an area (details supplied) in County Meath in the past two years; and if he will make a statement on the matter. [52548/12]
View answer509. Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps the Gardaí are taking in an area (details supplied) in County Meath to reduce crime; and if he will make a statement on the matter. [52549/12]
View answer510. Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of arrests that have been made in an area (details supplied) in County Meath in the past two years; and if he will make a statement on the matter. [52550/12]
View answerI propose to take Questions Nos. 507 to 510, inclusive, together.
I am informed by the Garda authorities that the areas referred to are in the Navan Garda District.
I am further informed that the areas are subject to regular patrols by local uniformed and plain clothes personnel, augmented by the Detective Unit and Community Policing Unit, together with the Divisional Traffic Unit and the Regional Support Unit as required.
Local Garda management closely monitors such patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in these areas to ensure optimum use is made of Garda resources to provide the best possible Garda service to the public. While the situation is being kept under review, Garda management is satisfied that a full and comprehensive policing service is being delivered to the communities in the areas concerned and that the current structures in place deliver an effective and efficient policing service.
The Deputy will be aware that the Garda Commissioner has put Operation Fiacla in place in order to address incidents of burglary, aggravated burglaries and related offences throughout the country. Operation Fiacla is intelligence driven and specific burglary initiatives have been implemented in each Garda Region to target suspect offenders. I am informed that as of 19 October, 2,493 persons have been arrested and 1,404 persons have been charged with burglary offences under Operation Fiacla.
An Garda Síochána also places great emphasis on the importance of community partnerships in preventing and detecting crime, and maintaining a safe environment for everyone. An Garda Síochána continues to invest time and energy in these partnerships and relationships to the benefit of all.
In this regard, during September the Garda Commissioner launched the second national public awareness week this year under the 'Garda Supporting Safer Communities Campaign’. This important campaign highlights a range of key issues, in particular burglary prevention. The primary objective of this Garda Community Safety Campaign is to engage with, and raise awareness within communities of initiatives aimed at preventing crime, reducing the fear of crime and promoting community safety.
I am further informed that the number of persons arrested and in custody in Navan Garda station was 686 in 2010, 660 in 2011 and 599 in 2012, up to 21 November. These figures would include arrests made in the Navan and Kentstown areas and brought to Navan Garda Station for custody purposes, as well as arrests made in other areas within the Navan Garda District.
511. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 266 of 8 November 2012, the reason a person (details supplied) in County Kildare is ineligible for consideration under the 2004 student probationary extension when they were informed they were going to be considered under same; if he will review this case with a view to update of Stamp 4; and if he will make a statement on the matter. [52560/12]
View answerI refer the Deputy to my responses to Dáil Questions No. 171 of 25 October and 8 November 2012 in which I set out the circumstances of the person referred to by the Deputy. The most recent reply follows. The person concerned availed of the 'Timed Out' Student transitional measure introduced under the New Regime for Students in January 2011 as a concession to those student affected by the changes brought about by the New Regime. The position remains that the person concerned has not secured a work permit or a green card employment permit and is now required to leave the State.
I can inform the Deputy that as a final measure in assisting in the transition to the New Immigration Regime for Non-EEA Students , a student probationary extension has been made available to those students who have been continuously resident in the State since before 1 January 2005 (i.e. the student must have received a GNIB certificate of registration during or before 2004 and for each year thereafter) and who commenced their studies on or before the 31st December 2004. These new arrangements will allow eligible students to reside in Ireland for a further period of 2 years on specified conditions. Students who either entered the State or commenced their studies after the 31st December 2004 are not eligible for this extension as they do not satisfy the above conditions. The person referred to by the Deputy arrived in Ireland on 19 May, 2006 and as a consequence is ineligible for consideration under the 2004 Student Probationary Extension.
Any student who either first entered the State or commenced their studies after 31 December 2004, including the person concerned, is subject to the rules set out under the New Immigration Regime for Full Time non-EEA Students, which was published in September 2010 and which has operated since 1 January 2011. Comprehensive information notes for non-EEA students are available on the dedicated student page of the Irish Naturalisation and Immigration Service website at www.inis.gov.ie.
Queries in relation to the status of individual immigration cases may be made 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.
512. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his future plans regarding Kilcock Court House with particular reference to the need to maintain adequate services for this area; his plans to refurbish the current building in view of the fact that it has fallen into disrepair; and if he will make a statement on the matter. [52576/12]
View answerI wish to inform the Deputy that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the provision of accommodation for court sittings.
However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the Service can continue to maintain the delivery of front line court services and an appropriate level of service to court users. I understand that no court venue has been singled out for or indeed exempted from the review and that Kilcock Courthouse is included in this process.
In this context the Courts Service has established a general framework within which venues are being considered for closure taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. The likely impact on other Justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account. The review identified a range of venues nationwide which, based on the criteria applied, could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue which has now commenced.
However, the Courts Service has assured me that no decision in relation to the future of Kilcock courthouse will be taken without prior consultation with local interested parties and court users. Such consultation has already begun and the views received will be taken into account in the decision making process which will be a matter for the Courts Service Board.
513. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will guarantee that the delayed inter-Departmental Committee to establish the facts of State involvement with the Magdalen Laundries report will be published by year end. [52591/12]
View answerI can advise the Deputy that I expect to receive the report before the end of this year but I do not have an exact date. When the report is received it will be submitted to Government and then published.
514. Deputy Jack Wall asked the Minister for Justice and Equality the mechanism available to a person (details supplied) regarding establishing the payment of compensation; and if he will make a statement on the matter. [52700/12]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, the Courts Service is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed by the Courts Service that if the judge makes a compensation order as part of an overall fine order then the money will be payable to the Courts Service via the court office, on-line or by post. When a manual payment is received, the defendant will be issued a receipt if it is paid in an office or by post. For on-line payments, the defendant has the option to print or email a receipt. This receipt is then proof of payment. If a receipt is lost then either the relevant court office or the Courts Accounts Office can provide a duplicate receipt.
I am also informed that, on occasion, a judge may order the defendant to pay compensation directly to a victim, thereby bypassing the Courts or alternatively pay the compensation to the prosecuting Garda for onward transmission to a victim. In those circumstances the availability of evidence of payment will depend on what is required by the judge. As the Deputy will appreciate, the Courts are subject only to the Constitution and the law independent in the exercise of their judicial functions and the decision made in any case is a matter for the presiding judge. However, I have asked the Garda authorities to provide any relevant information on this matter and I will contact the Deputy when the Garda report is to hand.
