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Wednesday, 27 Mar 2013

Written Answers Nos. 229-239

Ministerial Transport

Questions (229)

Seán Fleming

Question:

229. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the full cost of ministerial transport and the breakdown of this cost between salaries, mileage allowance and other travel costs for Ministers and Ministers of State in his Department for 2012; and if he will make a statement on the matter. [15672/13]

View answer

Written answers

In line with Government policy, I do not use a State car. My Department employs two civilian drivers for driving duties in my own car in line with approved arrangements, and their salary and subsistence costs, together with the mileage costs paid to me in 2012 are set out in the following Table. The Table also sets out similar costs for the Minister of State Jan O’Sullivan for 2012.

-

Drivers Salaries

Drivers

Subsistence Costs

Ministerial

Mileage Costs

Minister

82,235.31

14,274.54

24,359.29

Minister of State O’Sullivan

74,495.53

14,653.51

10,450.74

Totals €

156,730.84

28,928.05

34,810.03

Role of Local Development Companies

Questions (230)

Tom Fleming

Question:

230. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the position regarding local development companies (details supplied) in County Kerry; and if he will make a statement on the matter. [15685/13]

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Written answers

It is my intention that the expertise and experience of local development companies will be retained in the new structures outlined in Putting People First – Action Programme for Effective Local Government, for enhanced alignment between local government and local development.

In its report, the recommendations of which are incorporated in the Action Programme, the Alignment Steering Group recognised the key strengths of local development companies, in areas such as service planning and delivery. Programme funding will continue to be available to local development companies in respect of their involvement in such work.

The Alignment Steering Group identified the need for a more joined-up approach to service delivery at local level, focused on the targeting of resources at locally identified priorities and the avoidance of overlaps. The Group recommended inter alia the establishment of Socioeconomic Committees within each local authority area with responsibility for planning, oversight and management of all local and community development programming locally.

I believe these Socioeconomic Committees will bring greater strategic coherence to the broad range of local and community development supports at local level, for the benefit of our citizens and communities.

Local Government Reform

Questions (231)

Tom Fleming

Question:

231. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will retain the core functions and governance of town councils in any reforms of local authorities which would take into account appropriate and similar numbers of councillor members to the existing structures, retention of existing headquarters and staff and enhancement of the role and responsibilities of the town mayors; and if he will make a statement on the matter. [15687/13]

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Written answers

The Action Programme for Effective Local Government - Putting People First , which was published on 16 October 2012, sets out Government decisions for a range of measures in relation to local government structures, functions, funding, governance and operational matters. Chapter 6 of the Programme sets out policy decisions to replace town councils with a new comprehensive model of municipal governance based around principal towns to strengthen local government within counties and address weaknesses and anomalies in the current system. Key features of the new arrangements are also detailed, including governance, civic roles and an indicative listing of reserved functions of elected members at municipal district level.

I announced the establishment of a Local Electoral Area Boundary Committee on 15 November 2012 to review and make recommendations on local electoral boundaries having regard to the results of Census 2011 and the policy decisions announced in the Action Programme. The Committee has been asked to report no later than 31 May 2013 and its recommendations will provide the basis for the configuration and membership of the new municipal districts.

Rental Accommodation Scheme Criteria

Questions (232, 233)

Mary Lou McDonald

Question:

232. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide all circulars issued by his Department to local authorities regarding the operation of the rental accommodation scheme. [15692/13]

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Mary Lou McDonald

Question:

233. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide the most recent guidelines he has issued to local authorities for determining the applicable rents for rental accommodation scheme properties when entering into a contractual arrangement with the accommodation provider. [15693/13]

View answer

Written answers

I propose to take Questions Nos. 232 and 233 together.

From the tenants’ perspective, Guidance Note GN010 outlines a suggested approach to the transfer from the mechanism of rent contribution calculation under the Supplementary Welfare Allowance (SWA) rent supplement scheme to that under the Rental Accommodation Scheme (RAS). This guidance details the underlying principles of the Differential Rent model of calculation under RAS.

Guidance Note GN019 outlines the procedures to be followed by RAS officials when engaging in negotiations with landlords for properties under the RAS.

Circular letter ‘Housing 13/12’ reiterates earlier advice to local authorities on a number of matters relating to the administration and implementation of the Rental Accommodation Scheme including the attainment of value for money.

Following the receipt of an e-mail request from the Deputy on 19 March 2013 to forward any Circular issued by my Department to Local Authorities on the operation of the Rental Accommodation Scheme, copies of all Circulars and Guidance Notes issued to local authorities since 2004 in respect of the scheme were e-mailed to the Deputy on 22 March.

Asylum Seeker Accommodation

Questions (234, 257)

Mary Lou McDonald

Question:

234. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will confirm the number of families in direct provision who have been allocated a single room. [15727/13]

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Mary Lou McDonald

Question:

257. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide, in tabular form, a list of all direct provision centres housing asylum seekers; the name of the private operator who runs each centre; the number of bathrooms in each centre; and the number of bedrooms in each centre. [15724/13]

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Written answers

I propose to take Questions Nos. 234 and 257 together.

The 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 asylum seekers in the direct provision system while their application for protection is being processed.

The following table provides information on the contractors currently providing accommodation services to asylum seekers in the direct provision system. The collation of the other information requested by the Deputy would require a detailed survey of all direct provision accommodation and such detail could not be produced without diverting scarce resources from other necessary activities.

LIST OF CURRENT DIRECT PROVISION CENTRES AND CONTRACTORS 25/03/2013

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COUNTY

DIRECT PROVISION ACCOMMODATION CENTRES [COMMERCIAL]  

1

CORK

Barlow Properties

Ashbourne Hse Hotel, Glounthane

2

D AND A LTD

Clonakilty Lodge, Clonakilty

3

Alan Hyde and Ted Murphy

Glen Vera, Wellington Road, Cork 

4

Millstreet Equestrian Services Ltd

Millstreet Accommodation Centre 

5

Donegal

Shane Timony

Cliffview, Donegal Town

6

Dublin Reception Centre

ECCI Ireland

Balseskin, St. Margarets, Co. Dublin

7

Dublin

Old George Ltd

Georgian Court, 77 - 79 Lower Gardiner St., Dublin 1

8

ECCI Ireland Ltd

Hatch Hall, 28A Lower Hatch St. Dublin 2

9

Mo Bhaile Ltd

The Staircase, 21 Aungier Street, Dublin 2 

10

Fazyard Ltd

The Towers, Ninth Lock Road, Clondalkin, Dublin 22

11

Galway

Maplestar Ltd

Eglinton Hotel, Salthill, Galway

12

Shaun Hennelly

Great Western House, Eyre Square, Galway

13

Kildare

Cherryport Ltd

Eyre Powell Hotel, Main St., Newbridge

14

Laois

Fazyard Ltd

The Montague Hotel, Emo, Portlaoise, Co. Laois

15

Limerick

Birch Rentals Ltd

Hanratty's Hotel, Glentworth St., Limerick

16

Baycaster Ltd

Mount Trenchard, Foynes

17

Westbourne Holiday Hostel Ltd

Westbourne Holiday Hostel, Dock Rd., Limerick

18

Mayo

Bridgestock Ltd

Old Convent, Abbey Street, Ballyhaunis

19

Meath

Mosney PLC

Mosney Holiday Centre, 

20

Monaghan

Tattonward Ltd

St Patricks Former Agricultural College, Monaghan

21

Sligo

Bridgestock Ltd

Globe House, Chapel Hill, Sligo  

22

Tipperary (South)

Millstreet Equestrian Services Ltd

Bridgewater House, Carrick-on-Suir

23

Waterford

Atlantic Blue Ltd

Atlantic House, Railway Square, Tramore

24

Oceanview Accommodation Ltd

Ocean View, The Esplanade, Tramore

25

Stompool Investments Ltd

Birchwood House, Ballytruckle Road, Waterford

26

Millstreet Equestrian Services Ltd

Viking House, Coffee House Lane, Waterford

COUNTY

DIRECT PROVISION ACCOMMODATION CENTRES [STATE OWNED]  

27

Clare

 Campbell Catering Ltd               t/a Aramark Ireland

Knockalisheen

28

Cork

 Campbell Catering Ltd               t/a Aramark Ireland

Kinsale Road

29

Westmeath

 Campbell Catering Ltd               t/a Aramark Ireland

Lissywoolen Accommodation Centre, Athlone

30

Kerry

OFM Ltd

Atlas House, Killarney

31

Atlas House, Tralee

32

Johnston Marina, Tralee

33

Park Lodge, Park Road, Killarney

Asylum Seeker Accommodation

Questions (235)

Mary Lou McDonald

Question:

235. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide, in tabular form, the number of asylum seekers in temporary accommodation for one year, two years, three years, four years, five years and over five years. [15728/13]

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Written answers

The 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 under the system of direct provision while their applications for international protection are being processed.

RIA itself has no function in determining whether someone should stay or not in its accommodation, except in the context of rare instances of serious and repeated misbehaviour. Its function is to provide accommodation and ancillary services to those who have sought international protection and who otherwise have no means of supporting themselves.

In relation to the information provided below which is collated from the RIA database, it is important to note that it is not possible to specify exactly how long each person has resided in RIA accommodation. Protection applicants are not required to live in RIA accommodation and in many cases, may move in and out of the direct provision system as their circumstances change. The following information relates to the length of time that has elapsed since applicants for international protection who are in the direct provision system first made their application. Therefore, it does not necessarily mean that those persons have lived in RIA accommodation for all of that period.

Subject to the important clarifications as indicated above, the information sought by the Deputy is as follows: number of persons in RIA accommodation for up to one year since they lodged their application is 593, between one year and two years is 489, between two years and three years is 533, between three and four years is 622, between four and five years is 806 and in excess of five years 1,712.

I acknowledge that the length of time spent in direct provision is an issue to be addressed and I have taken a number of steps to speed up the processing of applications including redeployment of resources and the establishment of a legal panel to assist INIS in processing a cohort of repatriation cases. I would expect to see significant dividends, in terms of cases finalised, from this initiative in the coming months. Further, I plan to republish the Immigration, Residence and Protection Bill 2010 to create a single procedure for the processing of applications. These steps will reduce the time a person spends in direct provision while they await a final decision on their case.

Finally, it should be noted that there are significant numbers of persons living in RIA accommodation who may have exhausted the protection process but who await the outcome of court proceedings on aspects of their cases.

Asylum Support Services

Questions (236)

Mary Lou McDonald

Question:

236. Deputy Mary Lou McDonald asked the Minister for Justice and Equality his Department's decision to opt out of Council Directive 2003/9/EC which sets down minimum standards for the reception of asylum seekers ensuring the most basic of human rights are met including minimum standards of accommodation, food and clothing, family unity, medical and psychological care, and access to education and language courses for children; and, if not, his reasons for not opting into the receptions Directive. [15729/13]

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Written answers

Following the coming into force of the Lisbon Treaty the legal basis for Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers is Article 78(2)(f) of the Treaty on the Functioning of the European Union. Accordingly, the provisions of the EU Treaty Protocol on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice applies. The Protocol provides that Ireland may opt-in to a measure to which the Protocol applies. Ireland did not participate in the adoption and application of the 2003 Directive and there are currently no plans to exercise an opt-in in relation to it.

The principal reason for Ireland's position is the provisions of Article 11 of the 2003 Directive which deals with access to the labour market for asylum seekers. Article 11 provides that if a decision at first instance has not been taken within one year of the presentation of an application for asylum, and this delay cannot be attributed to the applicant, Member States shall decide the conditions for granting access to the labour market for the applicant.

This is contrary to the existing statutory position in Ireland which provides that an asylum seeker shall not seek or enter employment. This prohibition in Irish law is maintained in the Immigration, Residence and Protection Bill, which I intend to republish.

Extending the right to work to asylum seekers would almost certainly have a profoundly negative impact on application numbers, as was experienced in the aftermath of the July 1999 decision to do so. The immediate effect of that measure was a threefold increase in the average number of applications per month leading to a figure of 1,217 applications in December 1999 compared with an average of 364 per month for the period January to July 1999.

Any change in public policy in this area would have to have regard to the very large numbers of people unemployed in this country.

Asylum Seeker Accommodation

Questions (237)

Mary Lou McDonald

Question:

237. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of asylum seekers in direct provision who have died year on year between 2005 and 2012; and the cause of death in each instance. [15731/13]

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Written answers

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers under the Government policy of direct provision and dispersal.

The collation of statistics on deaths of asylum seekers living in direct provision commenced in 2002. During the period 2005 to 2012, there have been 39 deaths of asylum seekers who were residing in direct provision accommodation prior to their deaths.

While RIA may have general knowledge of the cause of death - perhaps by way of information arising from the specified medical needs of the resident concerned prior to his or her death - it does not, indeed cannot, hold or have access to death certificates. In most cases, the deaths would have occurred outside the asylum centres themselves e.g. in hospitals. If the HSE or a Coroner were to raise an issue relating to the accommodation in which a deceased person lived prior to their death - and this has never happened - then RIA would respond accordingly. Where information is provided to centre managers by relatives or friends of the deceased, this is recorded by RIA and indicates that the causes of death ranged from cancers, heart conditions to traffic accidents and, in the case of deaths of children under the age of five, it is believed that a number were suspected cot deaths and still births. Given previous misinterpretations of statistics provided in this respect, it is important to say that only one of these deaths can with certainty be said to be a suicide and that involved a newly arrived asylum seeker taking his own life in 2008 while in hospital.

The number of asylum seekers who died between 2005 and 2012 while being provided with accommodation by RIA in direct provision centres is set out in the following table.

Year

Number of Deaths

2005

6

2006

4

2007

8

2008

7

2009

1

2010

6

2011

1

2012

6

Total

39

While all of these deaths are, of course, tragic, RIA has provided accommodation for over 50,000 persons over the course of the twelve years the direct provision policy has been in place, and the numbers of deaths need to be viewed proportionately and against this background.

It needs to be recorded that the above relates only to asylum seekers living in the Direct Provision system. Some asylum seekers choose not to avail of the Direct Provision system and stay with friends or relatives. It is possible that, during the period in question, there could have been deaths among this cohort but such data is not available to RIA.

Prisoner Releases

Questions (238)

Denis Naughten

Question:

238. Deputy Denis Naughten asked the Minister for Justice and Equality the total cost incurred by the Prison Service of a visit (details supplied) in County Roscommon; if he will provide a breakdown of the costs; the number of members of staff, and the grade, that accompanied the visit; the protocol used when deciding on allowing such visits; and if visits such as this are normal practice. [15378/13]

View answer

Written answers

I can advise the Deputy that the prisoner referred to was afforded an escorted visit, in the company of an Acting Chief Officer and a prison Chaplain, to a family grave on the 21 March 2013. The prisoner had previously been granted an escorted visit, again accompanied by an Acting Chief Officer and a Chaplain, to view the remains of their parent, in private, away from the public and other family members at the funeral home. The prisoner did not attend the funeral mass or burial. It should also be noted that the escort only took a few hours and was on condition that the staff resources were available to carry out same.

The Deputy will be aware that it is open to all prisoners to apply for compassionate temporary release or for escorted visits, in the company of prison staff, for significant family occurrences such as funerals, communions or confirmations etc. All requests for temporary release or escorted outings are considered on a case by case basis and subject to appropriate security considerations.

Prisoners may be approved escorted visits on compassionate/humanitarian grounds to the graveside of a close family member in the event of a bereavement at a later stage if they are not permitted to attend the funeral. A number of criteria is considered prior to granting the applications including the prisoners remission date, behaviour in prison and engagement with the therapeutic services within the prison. The safety of the public and any possible victim issues are also taken into account.

In this case the prisoner is due for release early next year and their behaviour and engagement with services, in particular the Psychology Service is very good. Their was no risk to the public and the local Gardaí were informed prior to the escort taking place.

The need to escort prisoners outside prisons arises routinely in a number of contexts and prison staff are assigned to carry out these duties as part of their day to day work. Therefore, I can advise the Deputy that no additional expenditure would have been incurred as a result of this escort.

Proposed Legislation

Questions (239)

Willie O'Dea

Question:

239. Deputy Willie O'Dea asked the Minister for Justice and Equality the steps being taken and legislation planned to make it more difficult for crime gangs to be involved in illegal activity involving smuggling, laundering and counterfeiting as outlined in the report Tackling the Black Market and Retail Crime (details supplied); if he will form an interdepartmental group to deal with this matter; and if he will make a statement on the matter. [15389/13]

View answer

Written answers

As I have previously informed the House I am aware of the Report to which the Deputy refers and of its findings.

Of course, as Minister for Justice and Equality, I am also acutely aware of the involvement of organised crime groups in the activities referred to by the Deputy.

As highlighted in the Report, crime of this nature has very negative repercussions for the State in terms of the adverse impact on the legitimate retail sector, the loss of significant tax revenues and the potentially harmful consequences for consumers.

While the lead role in investigating this type of crime primarily rests with the Revenue Commissioners, in the context of the investigation of revenue offences occasioning significant financial losses to the Exchequer, it is the case that there are significant multi-agency law enforcement efforts already underway targeting such activity.

In particular, I would draw the Deputy's attention to the multi-agency cooperation initiatives that have been established with colleagues in Northern Ireland to target much of the activity referred to on an all island basis. I refer, in particular, to the cross border task forces in place to specifically target the distribution of illegal fuels and tobacco products.

These task forces comprise representatives from the PSNI, HM Revenue Customs, Serious Organised Crime Agency (UK), the Revenue Commissioners, An Garda Síochána and the Criminal Assets Bureau and have had considerable successes in tackling this form of criminality.

With regard to the question of further legislative proposals, the Deputy will appreciate that primary legislation concerning revenue offences does not fall under the remit of my Department. Having said that, I can inform the Deputy that in the context of reviewing the overall legislative response in place to tackle organised crime, my Department is currently undertaking a specific review of the provisions of the Criminal Justice (Amendment) Act 2009 to see if its provisions can be strengthened and the views of the Garda Commissioner have been sought in this regard.

Finally, while I note that the Report calls for the establishment of an interdepartmental group, under the auspices of the Department of an Taoiseach, to deal with fraud affecting the retail trade, I am satisfied that the existing structures for achieving multi-agency co-operation represent the most effective approach.

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