Written Answers Nos. 539-563
539. Deputy John Lyons asked the Minister for Justice and Equality what is being done with the lands bought at Clonmore for €5 million intended for use for firearm training; and if he will make a statement on the matter. [52957/12]
View answerI am advised by the Garda authorities that plans for the site referred to by the Deputy are being developed by An Garda Síochána in consultation with the Office of Public Works, which has responsibility for the funding of Garda capital works.
As the proposals are at the development stage, and are dependent on the availability of resources within the Vote of the Office of Public Works, it is not currently possible to give a timeframe for their completion.
540. Deputy Joanna Tuffy asked the Minister for Justice and Equality the position regarding failed asylum seekers and persons illegally present in the State who have been served with a notification of intention to deport (details supplied); and if he will make a statement on the matter. [52967/12]
View answerI can inform the Deputy that in the years 2008, 2009 2010, 2011 and 2012 (to end the October) a total of 3,185, 5,037, 4,326, 2,471 and 1,779 notifications of intention to deport were issued by the Irish Naturalisation and Immigration Service (INIS). During the same period, 757, 1,077, 1034, 1334 and 1,234 deportation orders were signed and a total of 161, 338 343, 280 and 246 persons have been removed from the State together with 529, 539 461, 475 and 387 who have voluntarily returned to their country of origin. These figures do not include approximately 2,500 persons per annum who have been refused leave to land and are subsequently removed from the State.
As outlined in my response to PQ Numbers 962, 968 and 971 of 18th April last, a total of 1,052, 512, 232, 1957 and 951 were granted leave to remain in accordance with the provisions of the immigration acts. The increase in the figures in 2011 and in 2012 to date is mainly due to the impact of the Zambrano judgement which was delivered by the European Court of Justice on 8th March, 2011.
With regard to the numbers evading deportation, it is difficult to produce precise figures. Persons against whom a deportation order has issued may for short periods fail to report to their local immigration office but many subsequently do so. In addition, I am informed that a significant number of persons who are the subject of a Deportation Order will have left the jurisdiction.
The processing of cases at the repatriation stage is a complex one with obligations to adhere to both domestic and international law and to make decisions in accordance with the UN Convention on Human Rights. The process can be a lengthy one often punctuated with judicial reviews taken by the applicants at various stages including at deportation stage. Accordingly, not all cases fit neatly into particular categories. For example, in the case of families, one member of the family may have lodged a judicial review which in turn may mean that the remainder of the family may not be processed until its outcome is determined. In addition, some applicants may also be party to an application under EU Treaty Rights or through marriage to an Irish citizen or may have been granted leave to remain as a result of these applications. Therefore, it is not possible to provide figures in respect of the remainder of the case load without engaging in a very detailed exercise which could not be justified as it would divert resources from case processing.
Finally, I might add that I recently approved an initiative to put in place a panel with legal expertise who will assist INIS in processing a cohort of repatriation cases thus speeding up the overall process and reducing the time spent by persons in the direct provision system.
541. Deputy John Paul Phelan asked the Minister for Justice and Equality if any cases have been taken against the State, or any emanation or agency of the State, in regard to Section 7(3)(c) of the Equal Status Acts 2000-2008 which allows schools to offer preferential treatment in admittance of pupils of certain religious backgrounds; if he is satisfied that the provision has operated satisfactorily to date; his plans, if any, to amend the provision; and if he will make a statement on the matter. [53036/12]
View answerMy Department has been informed by the Department of Education and Skills that there is no record of a case having been taken against the State in relation to this provision.
Equal status legislation aims to strike a necessary and appropriate balance between the right to the free profession and practice of religion, recognised by the Constitution and the principle of equality and has done so by providing a qualified exception, of limited scope, in Section 7(3) of the Equal Status Act 2000. A denominational primary or post-primary school may, under this provision, admit pupils of one religious denomination in preference to others and may refuse to take someone who is not of that denomination if this is essential to protect its religious ethos. Application of this provision is, moreover, subject to review by a court or tribunal, such review being on an objective basis and having regard to the need to reconcile the various constitutional rights involved. I have no plans at present to amend these provisions of the Equal Status Act.
542. Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding the number of new State agencies, forums and task forces that have been established in 2012, 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. [53083/12]
View answerI can inform the Deputy that the information he requested is set out below. The Property Services Regulatory Authority was established on a statutory basis on 3 April 2012. Prior to this date it was operational on a non-statutory basis since 2006. The Authority has a total of 11 employees. I can further inform the Deputy that no task forces or forums have been set up in my Department in 2012. Finally, I would like to mention that legislation is currently before the Houses of the Oireachtas that will establish the Insolvency Service of Ireland as a Statutory Body.
543. Deputy Gerald Nash asked the Minister for Defence his future plans for the Slaugh Hall facility in Drogheda, County Louth, in view of his decision to restructure the Reserve Defence Forces; and if he will make a statement on the matter. [52610/12]
View answerMy Department’s property portfolio is kept under review to ensure the most effective use of military resources having regard to the roles assigned by Government to the Defence Forces. Once vacated, a property is disposed of with the proceeds being used to fund the upgrading of Defence Forces equipment and infrastructure. The normal procedure is that my Department writes to each Government Department and various agencies and local authorities seeking expressions of interest in acquiring the property. If the property is not disposed of in this way it is normally sold by public tender/auction. I anticipate that similar arrangements will apply in relation to the Reserve Defence Force property in Drogheda.
544. Deputy Mattie McGrath asked the Minister for Defence the criteria used when deciding the Reserve Defence Force bases that would be removed as opposed to those that would be retained under the value for money review of the Reserve Defence Force and reorganisation of the Reserve Defence Force; the reason it has been proposed to remove the base from Clonmel, a town with such a rich military history; if he will consider reviewing this decision based on his plans for the future uses of Kickham Barracks in Clonmel where a perfectly suitable base could be provided for the RDF alongside the Clonmel Garda Station and where the RDF would not require rental of another premises; and if he will make a statement on the matter. [52841/12]
View answerThe report of the VFM Review of the Reserve Defence Force, which was recently published, concluded that the current Reserve organisation was not fit for purpose and required radical reform. The current effective strength of the Army Reserve and Naval Service Reserve at 4,500 personnel is less than half that for which the organisational structures were designed. The Permanent Defence Force (PDF) support framework for the Reserve was, therefore, inefficient and the retention of the numbers of full time PDF personnel assigned to Reserve duties was no longer sustainable within a strength ceiling of 9,500 PDF personnel.
A central recommendation from the VFM Steering Committee is for the retention of the Reserve with 4,000 personnel spread countrywide, based in PDF barracks and in 16 other locations. This requires the consolidation of existing Reserve Units throughout the country into a smaller number of full-strength Units. I accepted the Steering Committee’s recommendations. I also accepted the consequent proposals for new organisational structures submitted jointly by the Chief of Staff and the Secretary General. These proposals had due regard to capability requirements and the retention of a broad geographic spread.
A new “Single Force” concept will see PDF Units having Reserve components, rather than a separate stand-alone Reserve as at present. Reserve Units within barracks will be supported by their parent PDF Unit and the 16 Units outside of PDF installations will be supported by dedicated full time PDF personnel.
The fact that Clonmel was not selected is not a negative reflection on the quality or participation of the Reserve Unit in Clonmel, but reflects that it is not possible to retain all current locations. I sincerely hope that members of the Reserve in Clonmel will continue to serve in an alternative Reserve Unit in another location and re-training will be available in that regard.
545. Deputy Billy Timmins asked the Minister for Defence 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. [53696/12]
View answerNo new State agencies, forums and task forces have been established by my Department in 2012.
546. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if he will provide an explanation for the line on the October 2012 Exchequer statement that refers to FEOGA Intervention and which is shown as a total receipt to the State of €720m to the end of October 2012, and if he will provide a statement on the derivation of the figure shown. [52452/12]
View answerThe Department of Agriculture, Food and the Marine must initially provide finance for payments under EU-funded schemes. Such expenditure is normally reimbursed by the European Commission two months later. The largest scheme, the Single Payment Scheme, is paid out in the final quarter of the year. In the last quarter of 2011, a total of €720m was borrowed by the Exchequer to fund EU payments and the receipts of €720m shown represents the repayment of the borrowed funds in January and February 2012 upon receipt of the EU funds.
Borrowings are undertaken under the provision of Regulation 6 of the European Communities (State Financial Transactions) Regulations 1972 (S.I. No. 329 of 1972).
547. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if he will provide details in relation to correspondence received by this Deputy (details supplied); if he will confirm the two applicants who lodged the appeals to the Young Farmers Installation Scheme; if he will furhter confirm the decision of the Agriculture Appeals' Office which allowed the appeal to be upheld; and if he will make a statement on the matter. [52202/12]
View answerAs the Deputy is aware, the Young Farmers’ Installation Scheme was closed to new applications on 14 October 2008 as part of the decisions taken in the context of the 2009 Budget. Accordingly, grant applications which were received under the Scheme after that date were not processed by my Department on the basis of strict compliance with the terms of the decision.
In the two cases in question, applicants who had lodged applications on 17 and 22 October 2008 respectively submitted appeals to the Agriculture Appeals Office in relation to the failure by the Department to process their applications. In two separate decisions taken by that Office, which were subsequently confirmed by the Acting Director of that Office following requests for a review, that Office upheld the appeals and the Department processed the two applications concerned notwithstanding the fact that they had been received after the date of suspension of the Scheme.
548. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a íocfar deontas faoi Scéim na Limistéar faoi Mhíbhuntáiste (Disadvantage Area Scheme) 2012 d'fheilmeoir (sonraí tugtha); agus an ndéanfaidh sé ráiteas ina thaobh. [52203/12]
View answerFuarthas iarratas faoi Scéim na Limistéar faoi Mhíbhuntáiste 2012 ón duine ainmnithe an 11 Bealtaine 2012. Níl aon íocaíocht eisithe fós, áfach, mar nach gcomhlíonann gabháltas an té ainmnithe íos-cheanglais dlús-stoic na Scéime. A luaithe is a dheimhneofar go bhfuil an gabháltas ag comhlíonadh na gceanglas seo cuirfear an cás chun cinn le súil is íocaíocht a dhéanamh chomh luath agus is féidir ina dhiaidh sin.
549. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a íocfar deontas faoi Scéim na Limistéar faoi Mhíbhuntáiste (Disadvantage Area Scheme) 2012 d'fheilmeoir (sonraí tugtha) [52204/12]
View answerFuarthas iarratas faoi Scéim na Limistéar faoi Mhíbhuntáiste 2012 ón duine ainmnithe an 11 Bealtaine 2012. Níl aon íocaíocht eisithe fós, áfach, mar nach gcomhlíonann gabháltas an té ainmnithe íos-cheanglais dlús-stoic na Scéime. A luaithe is a dheimhneofar go bhfuil an gabháltas ag comhlíonadh na gceanglas seo cuirfear an cás chun cinn le súil is íocaíocht a dhéanamh chomh luath agus is féidir ina dhiaidh sin.
550. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when payment of a disadvantaged area scheme will issue in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [52226/12]
View answerAs processing of the 2012 Disadvantaged Areas Scheme application has recently been finalised, payment will shortly issue, directly to the nominated bank account. .
551. Deputy John Browne asked the Minister for Agriculture, Food and the Marine the position regarding EU pilot 764/09 environmental infringement case regarding sea lice management on Irish salmon farms; and if he will make a statement on the matter. [52270/12]
View answerThe infringement case referred to by the Deputy was closed by the EU Commission on 11 October 2012 following the submission to the Commission by my Department of the facts in relation to the case.
In Ireland the control protocols in respect of sea lice are operated by the Marine Institute on behalf of the State and are more advanced than those operated in other jurisdictions for the following reasons: the inspection regime is totally independent of the industry; data obtained as a result of inspections is published; and treatment trigger levels are set at a low level. These controls are widely accepted as representing best practice internationally.
552. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an application for disadvantaged area scheme grant in respect of a person (details supplied) in County Donegal, when payment will issue. [52280/12]
View answerAn application under the 2012 Disadvantaged Areas Scheme was received from the person named on 5 May 2012. However, payment has not yet issued as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements, which have been notified to all Scheme applicants. Immediately the holding concerned is confirmed as having met these requirements, the case will be further processed with a view to payment at the earliest possible date thereafter.
553. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an application for single farm and area aid scheme grant in respect of a person (details supplied) in County Donegal, when payment will issue. [52281/12]
View answerPayment under the 2012 Single Payment Scheme issued to the person named on 6 November 2012. Payment under the 2012 Disadvantaged Areas Scheme will shortly issue, directly to the nominated bank account.
554. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an application for disadvantaged area scheme grant in respect of a person (details supplied) in County Donegal. when payment wil issue. [52282/12]
View answerThe person named is one of a number, their derogation application having been unsuccessful, who were offered the option to appeal to the independently chaired DAS Appeals Committee. To date, this option has not been availed of. Should the applicant choose to appeal, it will be referred to the DAS Appeals Committee.
555. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an application for single farm scheme grant in respect of a person (details supplied) in County Donegal, when payment will issue. [52283/12]
View answerAn application under the 2012 Single Payment was received from the person named on 14th May 2012. Advance payment under the Single Payment scheme issued on 23rd October 2012 to the nominated bank account. Balancing payments under the 2012 Single payment scheme are due to commence on 1 December 2012.
556. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the reason the lease for Drummin Mountain, Laragh. Co. Wicklow was not publicly advertised and farmers with grazing rights not been paid, the date on which those with outstanding claims will be paid. [52317/12]
View answerResponsibility for the lease of the named commonage lies with the Department of Arts, Heritage and the Gaeltacht.
As regards the payment aspect, the position is that during processing of applications under the Single Payment Scheme, Disadvantaged Areas Scheme and other area-based Schemes, it was established that the parcel in question was over-claimed, meaning that none of the claimants is eligible for payment. Officials from my Department attended a number of meetings involving the claimants of the commonage with a view to facilitating a resolution to the problem.
Despite the efforts of my Department and other third parties, it has not being possible for the claimants to reach agreement on the area claimed. Until this matter is resolved and the area of the commonage claimed does not exceed the total eligible area of the commonage, it is not possible to make payments to any of the claimants.
557. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal to the disadvantaged area appeals committee in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [52321/12]
View answerThe appeal of the person named was recently forwarded to the DAS Appeals Committee for consideration; immediately that Committee has adjudicated on this appeal, the person named will be notified of their decision, in writing.
558. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal to the disadvantaged area appeals committee in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [52322/12]
View answerThe appeal of the person named, in support of which additional evidence was provided, will shortly be considered by the independently chaired DAS Appeals Committee. The applicant will be notified, in writing, immediately the Committee has adjudicated on the appeal.
559. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal to disadvantaged area appeals committee in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [52323/12]
View answerThe appeal of the person named was recently forwarded to the DAS Appeals Committee for consideration; immediately that Committee has adjudicated on this appeal, the person named will be notified of their decision, in writing.
560. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal to the disadvantaged area appeals committee in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [52324/12]
View answerAn application under the 2012 Disadvantaged Areas Scheme was received from the person named on 27 April 2012.
However, payment has not yet issued as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements. My Department has been in direct contact with the person named, on foot of which documentation concerning additional stock is due to be submitted. Immediately on receipt of this, the application will be further processed and, should it be then confirmed that the holding of the person named has satisfied the minimum stocking density requirements, payment will issue as soon as possible thereafter.
561. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine the position regarding the reconstitution grant for repair works to damaged forestry; if his attention has been drawn to the hardship being caused due to the lack of funding for this scheme; if funds will be made available for the continuation of this grant aid in 2013; and if he will make a statement on the matter. [52329/12]
View answerBecause of concerns about the budgetary position for 2012 the Department was not in a position to open all of the forestry support schemes this year, including the Reconstitution Scheme. Following discussions with the forestry industry it was decided to prioritise the Afforestation, Forest Road and Tending and Thinning of Broadleaves Schemes, all of which have remained open. The position with regard to the Reconstitution Scheme will be reviewed once the 2013 budgetary allocation for forestry is known.
562. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the position regarding the disadvantaged area based payment in respect of a person (details supplied). [52331/12]
View answerPayment under the 2012 Disadvantaged Areas Scheme has not yet issued as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements for 2012. Immediately the holding concerned is confirmed as having met these requirements, the case will be further processed with a view to payment at the earliest possible date thereafter.
563. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding a disadvantaged area scheme grant application in respect of a person (details supplied) in County Donegal will issue. [52340/12]
View answerPayment under the 2012 Disadvantaged Areas Scheme is due to issue shortly, directly to the nominated bank account.
