Written Answers Nos. 467-489
469. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government if he will provide an update on the review of the shared ownership scheme operated by local authorities, in particular the annual increases of 4.5% on the rental portion, which is causing financial stress to owners who are trying to manage repayments; and if he will make a statement on the matter. [7218/13]
View answerUnder the Shared Ownership scheme the rent charged on the local authority’s equity in a shared ownership transaction is to cover the funding costs to the Housing Finance Agency which are based on borrowings at the prevailing interest rates. Any difference between the rent and prevailing interest rate is reflected in the capital outstanding on the property, i.e. if the rent charged in any period is greater than the prevailing mortgage interest due on the local authority’s share the purchase price of the outstanding equity will be reduced accordingly.
The review of Part V of the Planning and Development Acts announced in the context of the standing down of affordable housing schemes as part of the Government’s housing policy statement will include an examination of the operational aspects of the shared ownership scheme. That review is currently advanced and I expect the consultants’ report that informs the review will be published shortly. Any future changes to legislation governing affordable housing schemes, including the shared ownership scheme, will be made in the context of this review.
471. Deputy Michael Conaghan asked the Minister for the Environment, Community and Local Government the position in relation to proposed sewerage schemes (details supplied) in County Donegal. [7359/13]
View answerThe Water Services Investment Programme 2010 – 201 3, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Donegal. The Programme includes contracts under construction and to commence to the value of some €132 million in County Donegal during the period of the Programme. However, the Burtonport Sewerage Scheme was not amongst the priority contracts and schemes selected for inclusion in the current Programme.
The Programme aims to prioritise projects that target environmental compliance issues and support economic and employment growth. A key input to the development of the Programme was the assessment of needs prepared by local authorities, including Donegal County Council, in response to my Department’s request to the authorities in 2009 to review and prioritise their proposals for new capital works in their areas. These were subsequently appraised in the Department in the context of the funds available and key criteria that complemented those used by the authorities. Inevitably, through this process, certain projects that had been proposed had to give way to others that are more strategically important at this time.
Progress under the Water Services Investment Programme 2010 – 2013, was reviewed in mid-2011 and through this process consideration was given to any newly emerging priority contracts and schemes submitted by local authorities for addition to the Programme. No proposal for the Burtonport Sewerage Scheme was received from Donegal County Council in response to the review.
The Gweedore Sewerage Scheme, which will serve Bunbeg and Derrybeg, is included in the investment programme as a scheme to commence construction during the lifetime of the programme. My Department is awaiting the submission by Donegal County Council of their Contract Documents for the scheme.
472. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government the cost incurred by his Department for assessing means of individual citizens for any reason on an annual basis; and if he will make a statement on the matter. [7387/13]
View answerMy Department does not directly administer any scheme which involves means assessment and consequently does not incur any costs associated with same.
473. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the funding allocated, with the subsequent outturn, for the community social inclusion budget in his Department for 2008, 2009, 2010, 2011, 2012 and 2013, with a calculation of any level of underspend. [7399/13]
View answerI assume the Question refers to the Local and Community Development Programme (LCDP), which is one of my Department’s main Social Inclusion Programmes.
The LCDP was launched on 1 January 2010, and replaces the previous Local Development Social Inclusion and the Community Development Programmes. Funding under the Programme for the years in question is outlined as follows:
|
Year |
Allocation |
Outturn |
Underspend |
|
2008* |
€83.450m |
€83.139m |
€0.311m |
|
2009* |
€74.640m |
€73.393m |
€1.247m |
|
2010 |
€67.500m |
€67.454m |
€0.046m |
|
2011 |
€63.400m |
€62.445m |
€0.995m |
|
2012 |
€54.888m |
€53.682m provisional |
€1.206m |
|
2013 |
€49.007m |
- |
- |
*Combined funding under the Local Development Social Inclusion Programme and Community Development Programme.
474. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the allocation and the subsequent out-turn of funding of Traveller accommodation for each year 2008, 2009, 2010, 2011, 2012 and the allocation for 2013, with a calculation of any level of underspend. [7401/13]
View answerIn accordance with the Housing (Traveller Accommodation) Act 1998, statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller accommodation programmes, designed to meet the accommodation needs of Travellers, rests with individual housing authorities. My Department’s role is to ensure that there is an adequate legislative and financial system in place to assist the authorities in providing such accommodation.
My Department provides 100% capital funding to housing authorities for the provision of Traveller-specific accommodation. Traveller families are also accommodated in local authority social housing dwellings, which are funded through the main local authority social housing programme. Details of the capital allocations and amounts recouped to local authorities in respect of Traveller-specific accommodation over the period 2008-2012 are set out in the following table:
|
YEAR |
Allocation |
Amount Recouped |
Variation |
|
- |
(€) |
(€) |
- |
|
2008 |
40,000,000 |
35,000,000 |
-4,000,000 |
|
2009 |
35,000,000 |
19,601,979 |
-15,398,021 |
|
2010 |
35,000,000 |
16,108,693 |
- 18,891,307 |
|
2011 |
15,000,000 |
9,314,910 |
- 5,685,090 |
|
2012 |
6,000,000 |
4,000,000 |
- 2,000,000 |
I intend to announce details of the 2013 capital allocations to local authorities in respect of their Traveller-specific projects as soon as possible.
478. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if he intends to undertake a technical update of the guidance on noise, including separation distance and shadow flicker in the Wind Energy Development Guidelines 2006; and the reason the timeframe for interested parties to make submissions is limited to two weeks in view of the potentially serious consequences of this project. [7426/13]
View answerThe Wind Energy Development Guidelines (June 2006) provide advice to planning authorities on catering for wind energy through the development plan process. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for wind energy developments.
In order to ensure that Ireland continues to meet its renewable energy targets and, at the same time, that wind energy does not have negative impacts on local communities, my Department, in conjunction with the Department of Communications, Energy and Natural Resources and other stakeholders, is undertaking a targeted review of certain aspects of the Wind Energy Guidelines 2006.
This focused review will examine the manner in which the Guidelines address key issues of community concern such as noise, proximity and visual amenity and any other potential impacts, as considered appropriate, as well as ways of building community support for wind energy development.
The press notice - issued on 30 January – marks only the initial stage in that review process. It is essentially a pre-draft consultation intended to inform the preparation of revised draft guidelines. This early consultation allows for the public and other stakeholders to input into the process at an early stage. Other stakeholders that will be consulted include the Environmental Protection Agency and Sustainable Energy Ireland.
All statutory planning guidelines issue first in draft form for a public consultation over a period of a couple of months. Once the consultation period is closed the submissions received on the draft guidelines are considered and taken into account in the final form of the guidelines. The draft guidelines will – like all other new or revised guidelines – go out for extensive public consultation for a period of 6 weeks to 2 months. The indicative timetable for the publication of the draft guidelines is Quarter 3 or Quarter 4 2013.
479. Deputy Nicky McFadden asked the Minister for Justice and Equality if he will outline the possibility of introducing a Purple Flag initiative, similar to those established in Britain and Northern Ireland, to recognise excellence in management of town and city centres at night; if such an initiative could contribute to crime reduction and community safety; and if he will make a statement on the matter. [6729/13]
View answerI am aware of the initiative referred to by the Deputy and I understand that there are plans to introduce it in a number of local authority areas in this jurisdiction.
I do of course welcome any appropriate initiatives to help contribute to crime reduction, the management of the night time economy and community safety generally. The Gardaí already engage extensively with local authorities, Chambers of Commerce, business associations and various voluntary groups on these matters and are aware of the developments with respect to the Purple Flag initiative as well as other similar initiatives throughout the country.
I should also point out that a partnership approach to local policing issues is a key feature of the role of Joint Policing Committees, (JPCs) which are established in each local authority area. The Programme for Government makes a commitment to build on existing community policing partnerships and forums to enhance trust between local communities and their Gardaí. In the spirit of that commitment, I initiated a review of the operation of JPCs and published a discussion document in November 2012 to open the matter for wider consultation. I would expect that the JPCs should continue to provide a forum for the development of various types of local partnerships to enhance community safety and the quality of life generally.
480. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will issue a full apology to people who went through the Magdalen laundry system in this State. [6936/13]
View answerThe Government is committed to playing its full part in a healing and reconciliation process with a view to bringing closure for the women concerned. When we have a full debate in the House next week, the Deputy can be assured that An Taoiseach, who has been meeting some of the women involved, will be responding to the significant issues identified in the McAleese Report in a fair and compassionate way.
481. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on the lack of co-operation from the British authorities on the Dublin and Monaghan bombings. [7138/13]
View answerIn answering the Deputy's Question I would say at the outset that I do not think any of us can forget the horrific events perpetrated in Dublin and Monaghan in May 1974 or, indeed, the pain that is still being felt as a result. The survivors and the families of those killed and injured have borne the grief of those tragic events and the memory of their loved ones lives on with them.
As the House is aware, the late Judge Henry Barron carried out a detailed and painstaking inquiry into those awful events of May 1974 and, indeed, other tragic atrocities that took place between 1972 and 1976 in which so many innocent people lost their lives.
As the Deputy will recall this House and Seanad Éireann have previously and unanimously urged the British Government to allow access to documents relevant to these events. I know that many Deputies in this House have raised this issue directly with our counterparts at Westminster and that they will continue to do so. For its part, since this Government took office, the Taoiseach has raised the issue with the British Prime Minister and the Tánaiste has also raised the matter with the Secretary of State for Northern Ireland.
482. Deputy Alan Farrell asked the Minister for Justice and Equality if he will outline in tabular form the number of gardaí in the DMR north region in 2010, 2011, 2012 and to date in 2013; and if he will make a statement on the matter. [6577/13]
View answerI am informed by the Garda authorities that the personnel strength of the Dublin Metropolitan Region North Division on 31 December, 2010, 31 December, 2011 and 31 December, 2012 the latest date for which figures are readily available, was as set out in the table.
Dublin Metropolitan Regionj North Division
|
Year |
2010 |
2011 |
2012 |
|
Strength |
803 |
779 |
744 |
483. Deputy Joe McHugh asked the Minister for Justice and Equality the deployment issues that are arising due to the high mileage on Garda cars including cars in the fleet in County Donegal. [6584/13]
View answerDecisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. I am advised by the Garda authorities that the deployment of Garda transport is determined on the basis of ongoing analysis and review of the policing needs of each Garda Division, including the Donegal Division, to ensure that the available resources are utilised to best advantage to meet the operational requirements of the Force. Garda patrol vehicles are taken out of service for a variety of reasons, including as a result of accidents or when the odometer reading reaches the safety limit set by the relevant manufacturer.
As the Deputy will be aware, I made an additional €3 million available to An Garda Síochána towards the end of last year, enabling the Force to procure a total of 312 vehicles in 2012. In this context I understand that 25 new vehicles are currently being provided for the Garda Northern Region, which includes the Donegal Division. A more specific breakdown is not currently available but the Deputy can be assured that the vehicles will be deployed as effectively as possible in line with operational circumstances.
In addition, a further allocation of €5 million has been provided for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.
484. Deputy Pearse Doherty asked the Minister for Justice and Equality if he will indicate the provisions in the memorandum of understanding with the troika of the IMF, EU and ECB, which directly impinge on the number of employees in An Garda Síochána; and if he will indicate where the memorandum of understanding requires him to reduce Garda numbers to 13,000. [6615/13]
View answerThe Memorandum of Understanding between the European Commission and Ireland of May 2011 provides for a reduction in public sector numbers but does not specify that reduction on a sectoral basis.
The National Recovery Plan 2011 - 2014, published by the previous Government and submitted to the Troika, covered in detail the reductions in public service numbers to be effected in the period 2010-2014. It is this document which details a reduction in Garda numbers as set out in the following table:
|
Target strength |
Date to be achieved |
|
13,500 |
31 December 2011 |
|
13,350 |
31 December 2012 |
|
13,150 |
31 December 2013 |
|
13,000 |
31 December 2014 |
The Deputy will be aware that Garda numbers have been reducing due to a combination of retirements and the moratorium on recruitment put in place by the previous Government as part of its plan to reduce the strength of the Force to 13,000. My objective, despite the enormous financial pressures facing the Government, is to ensure that Garda numbers will not fall below 13,000 and, in this context, I will be bringing proposals to Cabinet in the coming weeks.
485. Deputy Derek Nolan asked the Minister for Justice and Equality the checks in place to ensure that those in the asylum and refugee process, whose deportation orders have been revoked on the basis of a judicial review, are actually informed of such (details supplied); and if he will make a statement on the matter. [6688/13]
View answerI am satisfied that all follow-up actions agreed or decided in the context of asylum or immigration related judicial review proceedings are notified to the relevant parties to the proceedings as soon as the proceedings have been finalised. Additionally, I am satisfied that any follow-up actions agreed or decided, including those relating to the revocation of a Deportation Order, are undertaken in a timely manner.
In the context of the case referred to by the Deputy, I now understand that all necessary follow-up actions, including the formal revocation of the Deportation Order in question, have now taken place. Furthermore, as the case in question is the subject of ongoing judicial review proceedings, it would not be appropriate for me to comment further on that case at this time.
486. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of application to leave to remain and subsidiary protection in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [6720/13]
View answerThe person concerned is a failed asylum applicant. 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 27th July, 2009, 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 the file is passed to me for decision. Once a decision has been made, 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.
487. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons living in direct provision; if he will provide the details in tabular form by year they entered direct provision; and his plans, if any, to end housing of asylum seekers in direct provision hostels. [6727/13]
View answerThe Reception and Integration Agency (RIA), a functional unit of the Irish Naturalisation and Immigration Service (INIS) of my Department, is responsible for the accommodation of persons while their applications for international protection are being processed. As of 11 February 2013, there are 4,735 residents in 35 accommodation centres contracted to RIA throughout the State.
The following profile shows the duration of stay of residents currently in direct provision accommodation centres.
|
Months Currently in Direct Provision |
Number of residents* |
|
0-3 |
223 |
|
3-6 |
210 |
|
6-9 |
213 |
|
9-12 |
235 |
|
12-18 |
304 |
|
18-24 |
221 |
|
24-36 |
496 |
|
36+ |
2,833 |
|
Total |
4,735 |
(*This profile is based on residents' most recent entry to the direct provision system. It does not include past time spent by residents who left the system for a period and subsequently sought and were granted re-access to the system.)
I acknowledge that the length of time spent in the direct provision system is an issue to be addressed. On the matter of application processing times and consequent length of time spent in the direct provision system, some cases can take significantly longer to complete owing to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and high quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process.
For the sake of completeness, it is necessary to point out that persons who are refused a declaration under section 17 of the Refugee Act 1996, as amended, enter what is commonly referred to as the “leave to remain” process which generally has two elements to it: an application for subsidiary protection and further consideration to be given under section 3 of the Immigration Act 1999, as amended. This is separate from the asylum or refugee status determination process. The processing of cases at this point is also complex and extremely resource intensive and there are no quick or easy decisions to make. Given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention.
I have taken steps to speed up the processing of applications, primarily by redeploying staff from the refugee determination bodies. The Immigration, Residence and Protection Bill, 2010 which I intend to republish provides for the introduction of a single procedure to determine applications for protection and other reasons to remain in the State. This should substantially simplify and streamline the existing arrangements. This reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their applications in a more straightforward and timely fashion.
Further, 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. I would expect to see significant dividends, in terms of cases finalised, from this initiative in the coming months.
As to the system of direct provision itself, I have explained in detail in response to previous Dáil Questions the reasons why it was introduced in 1999 in response to a situation where the structures then in place were entirely unsuited to the situation then pertaining and was necessary to prevent widespread homelessness among asylum seekers.The system remains a necessary feature of the State's asylum and immigration system and, as explained above, my efforts are concentrated on reducing the length of time persons stay in centres.
There are no cheaper alternatives to the direct provision system. In fact, if we were operating a system which facilitated asylum seekers in living independent lives in individual housing with social welfare support and payments, the cost to the exchequer would be double what is currently paid under the direct provision system. This was a key finding in the recent Value for Money Report on the direct provision system which was published in 2010 and is on the RIA website - www.ria.gov.ie.
488. Deputy Thomas Pringle asked the Minister for Justice and Equality when a person (details supplied) who has been living in direct provision for nine and a half years will have his case decided; and if he will make a statement on the matter. [6728/13]
View answerThe person concerned had a Deportation Order made against him, following the refusal of his asylum application, and his application for subsidiary protection, and the subsequent detailed consideration of his case under Section 3 (6) of the Immigration Act 1999 (as amended). The person concerned proceeded to lodge judicial review proceedings in the High Court, challenging the decision to make a Deportation Order against him. These proceedings were 'settled' with the consequence that the person concerned was afforded the opportunity to submit, within a specified period, fresh representations pursuant to Section 3 of the Immigration Act 1999 (as amended). Such representations have been submitted and will be considered, along with all other information on file, before a final decision is taken in this case. Once a decision has been made, 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.
489. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support the case regarding anti-social behaviour (details supplied) in Dublin 5. [6747/13]
View answerI am informed by the Garda authorities that the area referred to is within the Santry Garda Sub-district. Local Garda management is aware of anti-social behaviour at the location referred to and have increased Garda presence in the area over the past number of months.
The area is patrolled by foot and mobile patrols and receives attention from Community Gardaí attached to Santry Garda Station. Gardaí will continue to patrol this area regularly and Community Gardaí will continue to engage with Dublin City Council and other relevant agencies to tackle anti-social activity in the area.
The Garda authorities have indicated that the situation will be kept under review and that local Garda Management are closely monitoring such patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.
