Tuesday, 5 Feb 2013

Written Answers Nos. 672-683

Personal Insolvency Act

Questions (672)

Finian McGrath

Question:

672. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the Personal Insolvency Bill (details supplied); and if he will make a statement on the matter. [6064/13]

Written answers

Minister for Justice and Equality

The full operation of the provisions of the Personal Insolvency Act 2012 is expected in the early part of 2013. The Insolvency Service of Ireland aims to open its office, launch its website, commence an information campaign with the issuing of publications and relevant guidelines in Quarter 1 of 2013. The regulatory and IT frameworks required for the Service to accept and process applications for the three new debt arrangements should be in place during Quarter 2 of 2013.

The Act allows for the registration and regulation of personal insolvency practitioners and authorised intermediaries who can advise individuals of their eligibility to seek debt resolution under the three new arrangements. The ISI itself has no role in providing financial advice. Individuals who consider themselves insolvent should continue to actively engage with their creditors and seek advice from an authorised intermediary or personal insolvency practitioner in due course to ascertain their suitability/eligibility for any of the schemes.

Garda Powers

Questions (673)

Luke 'Ming' Flanagan

Question:

673. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the law under which gardaí may confiscate and keep for seven months the personal property of a person (details supplied) without an explanation or legal order; and if he will make a statement on the matter. [5657/13]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities on the matters raised by the Deputy. I will contact the Deputy directly when the report is to hand.

Deportation Orders Data

Questions (674)

Joan Collins

Question:

674. Deputy Joan Collins asked the Minister for Justice and Equality if he will revoke the deportation order in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [5664/13]

Written answers

Minister for Justice and Equality

The person concerned is the subject of a Deportation Order, made on 3 October, 2011 following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended). This Order was formally served on the person concerned by registered letter dated 11 October, 2011.

Further representations were received from the person concerned on 18 October, 2012 requesting that his Deportation Order be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). This request is under consideration at present. Once a decision has been made on this request, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

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.

Refugee Status Applications

Questions (675)

Joan Collins

Question:

675. Deputy Joan Collins asked the Minister for Justice and Equality if he will grant refugee status in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [5667/13]

Written answers

Minister for Justice and Equality

The person concerned applied for asylum on 14 August, 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following the consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

The person concerned would then appear to have left the State, on a date unknown, and travelled to the United Kingdom. Given that he had no permission to remain in the UK, and in accordance with the provisions of Article 16(1)(c) of the Dublin II Regulations, a formal request was received from the UK's immigration authorities, on 23 December, 2010, to "take back" the person concerned. Ireland agreed to the "take back" request on the basis that Ireland was the Member State responsible for examining the asylum claim by the person concerned. The person concerned was returned to Ireland on 3 March, 2011 and was returned to the stage of the asylum/immigration process where he had been before he departed for the UK.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 December, 2010, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

The Deputy might also wish to note that the person concerned contacted the Irish Naturalisation and Immigration Service in early April, 2011 indicating that he wished to return voluntarily to his country of origin. In response to that request, the Irish Naturalisation and Immigration Service advised the person concerned of the voluntary return options open to him. Specifically, he was advised to contact the Dublin Office of the International Organisation for Migration (IOM) and while he did so, there were practical reasons as to why the voluntary return arrangement could not be concluded at that time. The person concerned again contacted the Irish Naturalisation and Immigration Service on 15 June, 2012 indicating that he wished to return voluntarily to his country of origin, but he later withdrew that request. As a result, his case will now be determined in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006 and, if necessary, the provisions of Section 3 (6) of the Immigration Act 1999 (as amended), in the order set out above.

The Deputy will appreciate that as the asylum claim of the person concerned has already been determined and refused, there is no basis under which he can now be granted refugee status. However, his ultimate position in the State remains to be determined so he should await the outcome of his application for Subsidiary Protection.

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.

Dissident Republican Activity

Questions (676)

Brendan Smith

Question:

676. Deputy Brendan Smith asked the Minister for Justice and Equality the discussions he has held with the Northern Executive and British Secretary of State for Northern Ireland on combatting the threat presented by militant dissident activity; and if he will make a statement on the matter. [1560/13]

Written answers

Minister for Justice and Equality

I meet frequently and maintain ongoing contact with the Northern Ireland Minister of Justice, David Ford, and the Secretary of State for Northern Ireland, Theresa Villiers, with regard to the security situation and ongoing efforts to combat threats from criminal terrorists, the so-called "dissident republican" groups. The threat which these groups present is a matter of shared concern North and South. We also share a strong resolve to take all necessary actions within the law to bear down on these groups.

The Deputy will know, of course, that these so-called "dissident republicans" are criminal terrorists who use lethal violence in pursuit of their own, often personal, ends. They are deeply and inextricably involved in serious crime in order to fund their activities and their lifestyles. I can assure the House that countering the paramilitary threat has always been a priority for the Garda Síochána and nothing has changed in that regard. The gardaí will continue in their efforts to counteract these groups and their activities.

The Gardaí co-operate seamlessly with their counterparts in Northern Ireland in actively bearing down on these groups. Operational policing co-operation is the responsibility of the Garda Commissioner and the Chief Constable of the PSNI and both police chiefs have repeatedly emphasised the close and high quality co-operation between their forces. This has been instrumental in preventing attacks, combating criminality and saving lives.

There is also a close and ongoing working relationship between our officials. By working together on matters of mutual concern and interest we can improve community safety for all the people on this island. We will continue, in co-operation with the authorities in Northern Ireland and Great Britain, to spare no effort to ensure that those criminal terrorists who seek to subvert the democratic will of the people will face the full rigours of the law.

Capital Programme Expenditure

Questions (677)

Seán Fleming

Question:

677. Deputy Sean Fleming asked the Minister for Defence according to the monthly Exchequer Returns if he will provide a breakdown of the €4 million of capital funding spent by his Department during December; the reason 44% of his Department’s overall capital spend was held until December; and if he will make a statement on the matter. [5133/13]

Written answers

Minister for Defence

The capital funding spent by my Department during December amounted to approximately €2.657 million, the breakdown of which is €1.344 million was spent on information/communications technology and office equipment, which includes €995,000 in respect of the renewal of an Oracle software licensing contract that falls due in December each year, and the remainder of the expenditure, which amounted to €1.313 million, is in respect of building works at military installations.

Defence Forces Strength

Questions (678)

Robert Troy

Question:

678. Deputy Robert Troy asked the Minister for Defence the current strength of personnel in Custume Barracks, Athlone, County Westmeath and if his commitment to ensure the strength will not fall below 1,000 still stands; and if he will make a statement on the matter. [5192/13]

Written answers

Minister for Defence

The military authorities have confirmed that on 31 January 2013 the strength of personnel in Custume Barracks, Athlone was 1,014. With the recent re-organisation of the Permanent Defence Force from 3 Brigades to a 2 Brigade structure, and a strength figure for the Permanent Defence Force as a whole of 9,500, I expect the number of personnel serving in Custume Barracks will be of the order of 1,000 personnel. Custume Barracks continues to be an important operational military barracks under the reorganisation.

Capital Expenditure Programme

Questions (679)

Seán Fleming

Question:

679. Deputy Sean Fleming asked the Minister for Defence the amount of his Department’s €9 million capital spend for 2013 that will go towards construction projects; the projects involved; the details of the projects; and if he will make a statement on the matter. [5272/13]

Written answers

Minister for Defence

The Department is engaged in an ongoing capital building programme designed to modernise and enhance the training, operational and accommodation facilities available to members of the Defence Forces. The programme provides for new projects and the continuation of capital building work already underway. An overall capital provision of €9 million has been allocated to the Department for 2013. Of the capital funds available for 2013, €6.24 million has been allocated for capital building works at military installations. The remainder of approximately €2.76 million has been allocated to Information and Communications Technology development. A further €900,000 is also available for capital building works, as capital carryover from 2012 giving an overall allocation for capital building works of €7.14 million.

Some €2.19 million of this allocation is being expended on a range of capital building projects which were already in progress from 2012 and which are at various stages of completion across a number of military locations. These include the replacement of hangar No. 1 at Casement Aerodrome, a generator installation project at McKee Barracks and the provision of transport yard facilities at Clarke Barracks, Curragh.

The balance of the provision for capital building works will facilitate new starts in 2013. Principal new projects proposed for 2013 include the provision of an automated firing range facility at Oranmore, the upgrade of the Ammunition Depot Buildings at the Defence Forces Training Centre at the Curragh, the re-roofing of the Officer’s Mess building at McKee Barracks which is a listed building and the refurbishment of the Cookhouse/Dining Hall at Casement Aerodrome in order to ensure compliance with Health and Safety standards. It is also proposed, on a phased basis, to provide for the supply and use of Natural Gas to the Curragh Camp.

Departmental Funding

Questions (680)

Damien English

Question:

680. Deputy Damien English asked the Minister for Defence if he will provide details of all funding programmes in his Department that community, voluntary and sporting organisations may apply to for funding; if he will provide a brief overview of each programme; the opening and closing dates for each programme; the minimum and maximum amounts of funding that may be applied for; and if he will make a statement on the matter. [5380/13]

Written answers

Minister for Defence

My Department does not manage any programmes for funding community, voluntary and sporting organisations.

Public Sector Pensions Data

Questions (681)

Willie O'Dea

Question:

681. Deputy Willie O'Dea asked the Minister for Defence the number of former public servants recruited before 6 April 1995 who receive a public sector pension, including both pensions funded by the Exchequer and through the local government fund and those pension schemes for which he has responsibility; the age profile of the public servants; if he will provide, in tabular form, the numbers of public sector pensioners in the following parameters - between €1,000 intervals up to €20,000 and those on more than €20,000. [5888/13]

Written answers

Minister for Defence

As regards retired members of the Permanent Defence Force whose pensions are paid by the Department of Defence, the relevant detailed information sought is not readily available and is being compiled at present. The information will be forwarded to the Deputy as soon as possible. The requested information in respect of retired civil servants of the Department of Defence or retired civilian employees formerly employed with the PDF is a matter for the Minister for Public Expenditure and Reform.

Turbary Rights

Questions (682)

John O'Mahony

Question:

682. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine what happens when a person buys land from the Land Commission that has turbary rights, and the rights and responsibilities of the land owner and persons with turbary rights, if the area is not a special area of conservation; and if he will make a statement on the matter. [5105/13]

Written answers

Minister for Agriculture, Food and the Marine

When a person purchased land from the former Land Commission under the Land Purchase Acts, it may be sold subject inter alia to turbary rights. These rights may appear as a burden on the folio for the lands sold. The interests of the various parties in on or over the land are protected by both statute and common law. Disputes arising between the various interest holders are matters for resolution between the parties either by negotiation or by way of application to court. Disputes are not a matter for my Department to resolve.

The Minister for Agriculture, Food and the Marine as successor to the former Commission only concludes sales of land or turbary rights in accordance with the provisions of the Land Acts and after that the parties have to deal with each other in the context or area of private law.

Forestry Sector

Questions (683)

Maureen O'Sullivan

Question:

683. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine his response to the recent report published by a company (details supplied) which estimates the State would remain liable for costs of €1.3 billion following a sale of harvesting rights; his views on the report's conclusion that the sale of Coillte's harvesting rights would not bring economic benefits; and if he will make a statement on the matter. [5243/13]

Written answers

Minister for Agriculture, Food and the Marine

The report to which the Deputy refers arises from the Government decision, in the context of the State asset disposal programme, that a concession for the harvesting rights to Coillte’s forests be put forward for sale.

Further to that Government decision, significant work has been undertaken by the NewERA Unit of the National Treasury Management Agency in conjunction with Coillte, the Department of Public Expenditure and Reform and my Department to examine the financial and other implications of a potential transaction. This consideration process, encompassing the identification of the forestry assets, the determination of their value and the consideration of a number of issues associated with the proposed sale of the harvesting rights is at an advanced stage and no final decision has been taken, as yet.

The recently launched report “Assessment of the Consequences of the proposed Sale of Coillte’s Timber Harvesting Rights – 10 January 2013” by Peter Bacon and Associates, commissioned by IMPACT, will now be considered as part of the ongoing process.

As part of the associated consultation process, representatives of NewERA, the Department of Public Expenditure and Reform and my Department met with the Coillte Group of Unions on 25 January last at which the process involved was outlined and the views of those unions and a copy of the Report were received. I wish to advise that, as agreed with the representatives of the Coillte Unions, the report is currently being analysed by NewERA and the two Department after which a further meeting will be held with the unions.