Written Answers Nos. 88 - 96
88. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he and his Department continues to have dialogue with the authorities in the United State with a view to establishing criteria whereby undocumented Irish in the US are regulated whether by way of bilateral arrangement or general arrangement; and if he will make a statement on the matter. [9277/13]
View answer89. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he has had discussions with Irish emigrant organisations in the US with a view to achieving some arrangement whereby the undocumented Irish can be regularised; and if he will make a statement on the matter. [9278/13]
View answerI propose to take Questions Nos. 88 and 89 together.
The welfare of the Irish abroad in general and especially the position of undocumented Irish immigrants in the United States remains an important priority for the Government. A resolution of the situation for undocumented Irish immigrants will continue to be pursued by the Government in our ongoing contacts with the US Administration and Congress.
The advice of Ireland’s friends and contacts within the US Administration and Congress has long been that comprehensive reform of the US immigration system and procedures is likely to be the only manner by which such a resolution can be achieved. The prospects for such reform would appear to have advanced in the wake of President Obama’s re-election. The emphasis he placed on immigration reform in his inauguration address as well as his subsequent speech on the issue on 29 January and his State of the Union address on 12 February sent a very positive signal in this regard. The indications of emerging bipartisan support for reform in Congress is also encouraging.
Through our Embassy in Washington and in close liaison with Irish-American community representatives, our contacts with the US Administration and Congress continue with a view to ensuring that the interests and concerns of undocumented Irish immigrants are captured in any future legislative deal in this area that emerges. In this regard, I raised the issue with Secretary of State Hillary Clinton during our bilateral meeting on 6 December last and recalled our strong support for comprehensive immigration legislation and the passage of E3 visas for Irish citizens. I am currently engaged in a round of telephone discussions with key US Senators and in this context I spoke with Senator John McCain on 8 February last to express the Government’s appreciation for the efforts he and others are making in developing bi-partisan Senate proposals and to underline our ongoing interest in the issue. The Taoiseach discussed immigration reform when he spoke with President Obama to congratulate him on his re-election. The issue will remain a central feature of the Government’s engagement with the US authorities, including over the forthcoming St Patrick’s day period. My programme, and that of other members of the Government during that period, while not yet finalised, will include meetings with key political figures and the Irish community groups that provide assistance to the undocumented.
Much further debate and discussion is likely to be required within the US political system as to what any future legislative deal might comprise. It is therefore not possible at this stage to identify an exact timescale in which these may become clear but the area will continue to receive the Government’s close attention over the period ahead.
91. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the main locations worldwide in respect of which he and his EU or UN colleagues continue to be briefed where war, starvation, famine, human rights abuses and denial of women’s’ rights remains an issue; the extent to which he and his colleagues continue to focus on such issues and bring about a means whereby such matters are addressed in a meaningful way; and if he will make a statement on the matter. [9280/13]
View answerNeither Ireland nor, as far as I am aware, the European Union or the United Nations maintains a list of countries in regard to the violations highlighted by the Deputy. In our foreign policy, which is expressed in direct contact with other countries or multilaterally through the EU, the UN, and other international bodies such as the Organisation for Security and Co-operation in Europe, we are working to alleviate instances of war, starvation, famine, and human rights abuses, including the denial of women’s rights, and to enhance international peace and security.
With our EU partners, we monitor closely the human rights situation in many countries throughout the world, on the basis of information obtained from a variety of sources, including official channels and non-governmental/civil society organisations. Where and when the situation warrants, we make known our concerns about human rights violations to the Governments in question. We do this bilaterally, through the EU or via the positions we take at the UN General Assembly and the UN Human Rights Council, of which we are a member for the period 2013 to 2015. We support the use of the full UN human rights machinery in responding to human rights abuses. This includes support for the role of UN Human Rights Treaty Monitoring Bodies, Special Procedure Mandate Holders and for the convening, where appropriate, of Special Sessions of the UN Human Rights Council. The EU regularly makes statements at these bodies on the human rights situations in individual countries and Ireland is fully associated with these statements. The EU also introduces or supports resolutions dealing with specific countries.
Since March 2006, when the UN Human Rights Council was formed, Ireland has engaged proactively with the Universal Periodic Review (UPR) mechanism initiated by the Council. The UPR mechanism allows for the review of the domestic human rights records of all 193 UN Member States every four years, based on human rights obligations under UN human rights and other instruments. Any UN Member State can take part in the interactive dialogue (i.e. the actual examination of the State under review) and submit written questions in advance. Ireland was itself examined under the UPR process on 6 October 2011. The process enables UN Member States to raise issues, some of which would have been identified by members of the public and civil society, and to make recommendations about the protection and promotion of human rights in the State concerned. Ireland has engaged fully with the UPR process and welcomes the open and constructive dialogue associated with it. We have also made numerous interventions during the UPR examination of other states, raising issues of concern such as gender-based violence, freedom of expression, religious freedom, freedom of assembly and the protection of human rights defenders within the State under review.
The EU has adopted Common Positions on certain countries, which attach priority to promoting human rights, democracy, good governance and the rule of law. In addition, the EU conducts human rights dialogues with a number of countries and also raises human rights concerns as part of political dialogue meetings. In June 2012 the EU adopted a Strategic Framework and Action Plan on Human Rights and Democracy.
Ireland and its EU partners have been strong and consistent supporters of the International Criminal Court, recognising it as an essential means of combating impunity for the most serious violations of international humanitarian law and human rights law. The Court’s Prosecutor has opened investigations into a number of country situations and we will continue to monitor this work closely.
Ireland has also consistently taken the lead in negotiating resolutions at the United Nations General Assembly and in the Human Rights Council on the promotion and protection of human rights defenders, as well as on the implementation of EU Guidelines in relation to human rights defenders in third countries, the aim being to ensure that the latter can operate in an environment free from hindrance and insecurity.
Mindful that the risk of human rights violations is greater where political, economic and administrative systems are weak, the Government’s development cooperation programme, Irish Aid, supports concrete actions designed to promote human rights, including strengthening government systems and in-country human rights institutions (in particular through legal training). Legal aid programmes targeted at victims of human rights abuses are also supported. Irish Aid, the aid programme operated by my Department, has a specific focus on governance in several programme countries.
The Government will continue to avail of all the above-mentioned mechanisms and instruments with a view to highlighting violations of human rights and furthering their protection.
92. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the international community continues to monitor the detention of former Ukrainian Prime Minister, Ms Yulia Volodymyrivna Tymoshenko; if she has access to human rights activists and visitation in accordance with international criteria; if the circumstances of her imprisonment is in accordance with due process and international human rights standards; and if he will make a statement on the matter. [9281/13]
View answerThe imprisonment of Ms Yulia Tymoshenko remains a matter of deep concern to Ireland, to its EU partners and to the wider international community. I refer the Deputy to my reply to the Dáil on this matter on 16 January 2013. In common with our EU partners, we will continue to monitor closely developments in this case. On the issue of due process, the Conclusions adopted by EU Ministers at the Foreign Affairs Council last December called on Ukraine to demonstrate ‘determined action and tangible progress’ in three areas of concern, including that of selective justice. On the question of access, Ms Tymoshenko has, I understand, been visited recently by her lawyer. She also met with the European Parliament’s monitoring mission to Ukraine, led by the former President of Poland, Mr Aleksander Kwaœniewski, and the former President of the European Parliament, Mr Pat Cox, earlier this month.
93. Deputy Michael Healy-Rae asked the Minister for Finance in view of the proposed tax incentive for persons living in cities included in the Finance Bill, if he will clarify where the incentive scheme for rural areas is. [9025/13]
View answerThe Deputy will be aware that the proposed Living City Initiative is a pilot project which seeks to encourage people back to the centre of Irish cities to live in buildings of historic and cultural importance as well as encouraging the regeneration of the retail heartland of central business districts. This modest pilot project is targeted at Waterford and Limerick cities, both of which were identified by Pobal as being the most disadvantaged urban areas in Ireland. As the proposed pilot Initiative will undergo a Cost Benefit Analysis and will require EU State Aid approval, it will be subject to a Commencement Order.
I would like to remind the Deputy that Finance Bill 2013 contains a number of measures which are specifically targeted at the rural community. The proposed stock relief measures for young trained farmers and for registered farm partnerships have been welcomed by the farming community. Proposals to extend the relief from stamp duty on transfers of agricultural land to young trained farmers have also been welcomed.
94. Deputy Heather Humphreys asked the Minister for Finance if he will provide in tabular form the total amount of tax relief claimed countrywide under the charitable donations scheme for each of the past five years; and if he will make a statement on the matter. [9028/13]
View answerSection 848A of the Taxes Consolidation Act 1997 (TCA) provides for a scheme of tax relief on donations to approved bodies. The list of approved bodies for the purposes of section 848A, which includes eligible charities, bodies approved for education in the arts and eligible primary, secondary and third level institutions, is available on the Revenue website at www.revenue.ie. The following table sets out the figures for refunds of tax made by Revenue to charities and other approved bodies in respect of donations by PAYE workers, self-employed individuals and corporate donors for the years in question.
|
Year |
Estimated Cost of Tax Relief €M |
|
2006 |
49.5 |
|
2007 |
47.6 |
|
2008 |
52.4 |
|
2009 |
54.1 |
|
2010 |
51.1 |
|
2011 |
26.3 (PAYE donors only) |
The figures for 2011 are only available at the current time in respect of PAYE donors.
95. Deputy Shane Ross asked the Minister for Finance the status of the pensions of those employees of Irish Bank Resolution Corporation that have been made redundant in recent weeks; if their pensions are still guaranteed; the effect the liquidation will have on their pensions and the contributions they have already made; and if he will make a statement on the matter. [9029/13]
View answerI can advise the Deputy unlike in other liquidations, the majority of employees have been re-hired by the special liquidators, for an expected minimum period of 3 months, to ensure an orderly wind-down of the business.
The special liquidators have advised staff that their pensions are controlled by the scheme trustees who will have to independently assess the impact of the IBRC Act 2013 and the appointment of the special liquidators.
The vast majority of IBRC staff were on defined contribution schemes (or no pension scheme) as opposed to a defined benefit scheme and the funds of these pensions funds are held independently.
96. Deputy Peter Mathews asked the Minister for Finance the steps he will take to restore the value of the severance terms previously agreed to for Irish Bank Resolution Corporation employees; and if he will make a statement on the matter. [9138/13]
View answer99. Deputy Stephen S. Donnelly asked the Minister for Finance if a person (details supplied) or any of the senior executives of Irish bank Resolution Corporation will receive any payments of benefits above that allowed by the statutory redundancy payment as prescribed by statute, following the liquidation of IBRC and the termination of their contracts; and if he will make a statement on the matter. [9172/13]
101. Deputy Billy Timmins asked the Minister for Finance the position regarding an employee (details supplied) of Irish Bank Resolution Corporation now in special liquidation in relating to their request that he take steps to restore the value of the severance terms previously; and if he will make a statement on the matter. [9207/13]
View answer102. Deputy Clare Daly asked the Minister for Finance the steps he proposes to take to ensure that Irish Bank Resolution Corporation employees receive the four weeks salary for each year of service in redundancy payments as they were promised and that service accrued while working for the liquidator would count as reckonable service for redundancy purposes. [9211/13]
View answerI propose to take Questions Nos. 96, 99, 101 and 102 together.
Following the liquidation, all employment contracts in the Republic of Ireland have been terminated, including those of the former senior executives.
The special liquidators have confirmed that the majority of staff, including some senior staff, have been re-employed on short term contracts to assist in the liquidation.
Where relevant, all staff are entitled to apply for a statutory redundancy payment, a payment in respect of accrued but unused annual leave and a statutory notice payment, subject to the limits prescribed by statute.
I am advised by the Special Liquidators that claims over and above that described above will rank as an unsecured claim in the liquidation process.
