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Tuesday, 21 May 2013

Written Answers Nos. 537-556

Commercial Leases Database

Questions (537)

Pearse Doherty

Question:

537. Deputy Pearse Doherty asked the Minister for Justice and Equality further to Parliamentary Question No. 489 of 26 February 2013 in which he advised the Commercial Leases Database would be published by the end of March 2013, and the subsequent failure of the Property Services Regulatory Authority which acts under his auspices to publish the CLD by the end of March 2013, if he will provide an explanation for the delay and a new date for the publication of the CLD; and if he will make a statement on the matter. [24129/13]

View answer

Written answers

I indicated in my reply to Question No. 489 of 26 February 2013 that I was advised by the Property Services Regulatory Authority that work on the preparation of the Commercial Leases Database was ongoing with the aim of publishing the Database by end March 2013.

However, the data which the Authority will use in the first instance is to be obtained from the Revenue Commissioners. Due to pressures on the Office of the Revenue Commissioners arising from the implementation of the Local Property Tax, it was not possible for that Office to provide the necessary data within the originally anticipated timeframe. The Authority has been advised that the necessary data is likely to be transferred to it by the Revenue Commissioners by end May. If the Authority receives the necessary data by end May, it would anticipate being in a position to publish the initial Commercial Leases Database by mid June.

Question No. 538 answered with Question No. 514.

Garda Síochána Ombudsman Commission

Questions (539, 546)

Michael Healy-Rae

Question:

539. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on the length of time for cases to be dealt with by the Ombudsman; and if he will make a statement on the matter. [24142/13]

View answer

Thomas P. Broughan

Question:

546. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he is considering undertaking a review of the Garda Síochána Act 2005 in view of reports that there have been delays in information relevant to investigations being provided to the Garda Síochána Ombudsman Commission by an Garda Síochána during the course of investigations carried out by the GSOC. [24156/13]

View answer

Written answers

I propose to take Questions Nos. 539 and 546 together.

I regard full co-operation by the Garda Síochána with the Garda Ombudsman Commission as an extremely important issue. There are agreed protocols in place provided for under the Garda Síochána Act 2005, which set down time limits for the provision of information by the Garda Síochána to the Ombudsman Commission, and I regard it as a matter of substantial importance that these protocols should be respected.

As Deputies will be aware, the Ombudsman Commission recently raised some concerns, in the context of a particular case, regarding delays in receiving information from the Garda Síochána. As I stated at the time, I have asked the Garda Commissioner for his observations on the findings of the Ombudsman Commission, particularly in relation to what they say about delays. When I have received these observations, I intend to convene a meeting with the Garda Commissioner and the Ombudsman Commission to make sure that any difficulties have been resolved. The issue of delays is also dealt with in the annual report of the Ombudsman Commission for 2012 which I will very shortly be laying before the House, and which will provide an opportunity for further discussion on its work.

Garda Síochána Ombudsman Commission

Questions (540, 541, 542, 543, 544, 545)

Thomas P. Broughan

Question:

540. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of investigations undertaken by the GSOC in which files relevant to the investigation were not forwarded to the GSOC from An Garda Síochána within the required 30 day time limit; and if he will provide a breakdown of the length of delays involved where files relevant to such investigations have not been supplied to the GSOC within the 30 day time limit. [24150/13]

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Thomas P. Broughan

Question:

541. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of such complaints deemed admissible; the number of admissible complaints in which files relevant to the investigation were supplied to the GSOC by an Garda Síochána within the 30 time limit. [24151/13]

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Thomas P. Broughan

Question:

542. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of such complaints deemed admissible in which files relevant to the investigation were not supplied to the GSOC within the required time limit of 30 days; in investigations where files were not supplied to the GSOC within the relevant time period of 30 days, the reasons for the delays as outlined by An Garda Síochána; and the number of occasions when members of An Garda Síochána sent correspondence to the GSOC to explain the reasons in delays for supplying files relevant to investigations. [24152/13]

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Thomas P. Broughan

Question:

543. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of admissible complaints wherein members of An Garda Síochána refused to supply files relevant to the investigation of the complaint and the reasons for these refusals. [24153/13]

View answer

Thomas P. Broughan

Question:

544. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of admissible complaints investigated by the GSOC in which members of An Garda Síochána were found guilty of wrongdoing; if he will outline examples of wrongdoing contained in the findings of the GSOC; the number of members consequently disciplined by the GSOC in these circumstances; and if he will give a breakdown of the various disciplinary actions taken by the GSOC for members found guilty of such wrongdoing. [24154/13]

View answer

Thomas P. Broughan

Question:

545. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form on an annual basis since the establishment of the Garda Síochána Ombudsman Commission, the number of complaints received by the GSOC which involve investigations into road traffic accidents, in which families made a complaint following the death or serious injury of a family member and in which the complaint relates to the conduct of a member of an Garda Síochána; the number of investigations of complaints which were upheld by the GSOC; and the number of such complaints that are outstanding at present and the duration of the delays involved in outstanding investigations of this nature. [24155/13]

View answer

Written answers

I propose to take Questions Nos. 540 to 545, inclusive, together.

Under section 102 of the Garda Síochána Act, 2005 the Garda Commissioner is obliged to refer to the Garda Síochána Ombudsman Commission any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of, or serious harm to, a person. Since commencement of its operations in 2007, the Ombudsman Commission received a total of 26 referrals pursuant to section 102 concerning road traffic fatalities. These 26 referrals pertained to the death of 30 individuals, including civilians and members of the Garda Síochána. All 26 referrals have been closed following consideration.

In 22 of the 26 referrals, no Garda misbehaviour was identified and no further action was deemed warranted by the Ombudsman Commission. Four files were submitted to the Office of the Director of Public Prosecutions who directed “no prosecution” in relation to three of these cases. One member of the Garda Síochána was convicted following prosecution. I am advised by the Ombudsman Commission that they regret that the other statistical information requested by the Deputy is not readily available and would involve the compilation of statistical data over several years, the generation and collation of which would place an inordinate burden on the organisation in terms of time and resources. The Deputy, however, may be interested in the data provided in the Annual Reports which are available from the website of the Ombudsman Commission (www.gardaombudsman.ie).

Question No. 546 answered with Question No. 539.

Traveller Community

Questions (547)

Michael Healy-Rae

Question:

547. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when legislation on traveller ethnicity will be introduced [24207/13]

View answer

Written answers

I would like to inform the Deputy that serious consideration is being given to this issue which remains ongoing, with a view to ensuring that full analysis of all aspects of the granting of ethnic status to Travellers is available to Government when coming to a decision on the matter.

I would like to remind the house that Travellers in Ireland have the same civil and political rights as other citizens under the Constitution. The key anti-discrimination measures, the Prohibition of Incitement to Hatred Act, 1989, the Unfair Dismissals Acts 1977, the Employment Equality Acts and the Equal Status Acts specifically identify Travellers by name as a group protected. The Equality Act 2004, which transposed the EU Racial Equality Directive, applied all the protections of that Directive across all of the nine grounds contained in the legislation, including the Traveller community ground. All the protections afforded to ethnic minorities in EU directives and international conventions apply to Travellers because the Irish legislation giving effect to those international instruments explicitly protects Travellers.

Criminal Assets Bureau

Questions (548)

Seán Kenny

Question:

548. Deputy Seán Kenny asked the Minister for Justice and Equality the amount of revenue his Department received from the Criminal Assets Bureau for the past five years; and if he will make a statement on the matter. [24295/13]

View answer

Written answers

All monies collected by the Criminal Assets Bureau are returned to the Exchequer in accordance with the provisions of the Proceeds of Crime Acts 1996 and 2005. Such funds are paid into the Government's Central Fund, from which the Government draws for expenditure on all necessary public services and investment. In accordance with the provisions of section 21 of the Criminal Assets Bureau Act 1996 an annual report on the activities of the Bureau is prepared and laid before the Houses of the Oireachtas. Included in such reports are details of the monies returned by the Bureau for the benefit of the Exchequer. For ease of reference, I have set out below information in relation to monies returned to the Exchequer in respect of the years 2007 to 2011. The figures for 2012 are currently being compiled and will be published in the 2012 Annual Report of the Bureau.

Moneys Returned to the Exchequer 2007-2011

Year

Proceeds of Crime

Act, 1996/2005 - €

Revenue

Legislation - €

Social Welfare

Provisions - €

TOTAL

Returns to the Exchequer

2007

0.254m

10.009m

0.137m

10.4m

2008

6.129m

5.891m

0.182m

12.202m

2009

1.421m

5.1m

0.160m

6.681m

2010

3.1m

4.0m

0.181m

7.281m

2011

2.7m

3.8m

0.454m

6.954m

Courts Service

Questions (549, 550)

Brendan Smith

Question:

549. Deputy Brendan Smith asked the Minister for Justice and Equality if he will confirm that there will be no change to the status of Clones District Court, County Monaghan; and if he will make a statement on the matter. [24363/13]

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Brendan Smith

Question:

550. Deputy Brendan Smith asked the Minister for Justice and Equality if he will confirm that there will be no change to the status of Ballyconnell District Court, County Cavan; and if he will make a statement on the matter. [24374/13]

View answer

Written answers

I propose to take Questions Nos. 549 and 550 together.

I wish to inform the Deputy that under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the provision of accommodation for court sittings.

However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the Service can continue to maintain the delivery of front line court services and an appropriate level of service to court users. I understand that no court venue has been singled out for or indeed exempted from the review.

In this context of that review, courthouses in Clones and Ballyconnell were identified as venues that should be considered for closure subject to a detailed assessment and the preparation of a business case. Through this process the Service has established a general framework within which such venues are being assessed taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of cells etc. The likely impact on other Justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account. The consultation process in relation to the future of Ballyconnell, which included consultation with the judiciary, the Cavan Bar Association, An Garda Síochána, Prison Service, Probation Service and Cavan County Council, was completed earlier this year and a report was considered by the Building Committee at its meeting on 21st February, 2013. The Building Committee decided that the closure of Ballyconnell should be recommended to the Courts Service Board. In accordance with the protocol all those who had been consulted previously were informed of the decision of the Building Committee and were invited to make further submissions which would be placed before the Board for consideration. I am informed that no submissions were received and the Board at its meeting on 15th April, 2013 approved the closure of Ballyconnell and the amalgamation of the Ballyconnell District Court area with Cavan District Court area. It is expected that court sittings at Ballyconnell will cease before the end of the year.

I understand that no decision in relation to the future of Clones courthouse has been taken to date but that the consultation process has been concluded and the views received will be taken into account in the decision making process which, as the Deputy is aware, is a matter for the Courts Service Board under the provisions of the Courts Service Act 1998.

Defence Forces Investigations

Questions (551, 555)

Aengus Ó Snodaigh

Question:

551. Deputy Aengus Ó Snodaigh asked the Minister for Defence the steps he has taken with the Lebenese and Palestinian authorities to try and locate the remains of a person (details supplied) who was kidnapped on the 27 April 1981 from an Irish observation post outside the village of Dyar Ntar in South Lebanon. [24367/13]

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Aengus Ó Snodaigh

Question:

555. Deputy Aengus Ó Snodaigh asked the Minister for Defence if any progress has been made in case of a person (details supplied) who was kidnapped on the 27 April 1981 from an Irish observation post outside the village of Dyar Ntar in South Lebanon and whose body was never recovered. [24366/13]

View answer

Written answers

I propose to take Questions Nos. 551 and 555 together.

Private Kevin Joyce and Private Hugh Doherty were serving with the United Nations Interim Force in Lebanon (UNIFIL), when on 27 April 1981, an observation post manned by them came under attack. Private Doherty was later found dead from gunshot wounds and Private Joyce was missing. Two inquiries have already been conducted into this incident, one by the United Nations in 1981 and the second by the Defence Forces in 1982. The incident and the disappearance of Private Joyce has also been the subject of ongoing investigation by successive Irish units in UNIFIL, including a Military Police investigation (1985) and an intensive investigation by 88th Battalion in 2000/2001, assisted by diplomatic efforts at the highest level, to endeavour to locate the whereabouts of Private Joyce.

To date, no information has been elicited to lead to the recovery of Private Joyce. However, the situation in UNIFIL is that the case remains open.

Fodder Crisis

Questions (552)

Patrick O'Donovan

Question:

552. Deputy Patrick O'Donovan asked the Minister for Defence in view of the decision taken by the Shannon Airport Authority to allow farming organisations to cut grass on property owned by it to help alleviate fodder shortages in the local area, if he will ask those agencies, companies, authorities, boards and so on who come within his remit to consider similar initiatives on suitable public lands owned by them in conjunction with representatives of local farming organisations; and if he will make a statement on the matter. [23767/13]

View answer

Written answers

The question of allowing the cutting of grass by farming organisations on Defence lands does not arise as leases are currently in place for lands suitable for grass harvesting.

Ministerial Travel

Questions (553)

Simon Harris

Question:

553. Deputy Simon Harris asked the Minister for Defence if he will outline in tabular form the amount of travel and subsistence, both foreign and domestic, claimed individually by each Minister, Minister of State and Secretary General in his Department, for each year in the period 2005 to March 2011; and if he will make a statement on the matter. [23813/13]

View answer

Written answers

The information requested by the Deputy is set out in the tables below. The cost to my Department of domestic travel and subsistence for each Minister and the Secretary General for the period 1 January 2005 to March 2011 is as follows:

Year

Minister Willie O’Dea, T.D.

1/01/2005 to 18/2/2010

Minister Tony Killeen, T.D.

23/03/2010 to 19/01/2011

Minister Éamon Ó Cuív, T.D.

20/01/2011 to 9/03/2011

Secretary General

Mr. Michael Howard

2005

Nil

N/A

N/A

€3,238.83

2006

Nil

N/A

N/A

€2,380.11

2007

Nil

N/A

N/A

€1,505.44

2008

Nil

N/A

N/A

€795.23

2009

Nil

N/A

N/A

€1,327.20

2010

Nil

Nil

N/A

€914.87

2011

N/A

Nil

Nil

€1,385.85

The cost to my Department of foreign travel and subsistence for each Minister and for the Secretary General for the period 1 January 2005 to March 2011 is as follows:

Year

Minister Willie O’Dea, T.D.

1/01/2005 to 18/2/2010

Minister Tony Killeen, T.D.

23/03/2010 to 19/01/2011

Minister Éamon Ó Cuív, T.D.

20/01/2011 to 9/03/2011

Secretary General

Mr. Michael Howard

2005

€816.41

N/A

N/A

€2,349.12

2006

€651.67

N/A

N/A

€6,114.57

2007

€1,202.81

N/A

N/A

€7,113.09

2008

€1,549.33

N/A

N/A

€4,445.43

2009

Nil

N/A

N/A

€3,338.61

2010

Nil

€209.00

N/A

€1,289.84

2011

N/A

Nil

Nil

€731.20

The foreign travel costs set out above include the costs of commercial flights undertaken by the Ministers and the Secretary General in the performance of their duties. The Ministerial Air Transport Service provided by the Air Corps was also occasionally availed of by Ministers during the period in question.

No travel and subsistence was claimed by the Ministers of State for the period 2005 to March 2011.

Ministerial Staff

Questions (554)

Simon Harris

Question:

554. Deputy Simon Harris asked the Minister for Defence if he will outline in tabular form, the number of staff appointed by each Minister and Minister of State in his Department or constituency office and their relevant costs including travel and subsistence, in each year for the period 2005 to March 2011; and if he will make a statement on the matter. [23829/13]

View answer

Written answers

The information requested by the Deputy is set out in the tables below.

Costs relating to staff appointed by Minister Willie O’Dea T.D.

1 Jan 2005 to 18 Feb 2010:

Year

No of Appointed Staff

Remuneration Costs

Employer PRSI

Travel & Subsistence Home

Travel & Subsistence Foreign

2005

4

€221,838.40

€23,629.67

€10,322.05

€1,325.02

2006

4

€254,725.65

€27,108.39

€8,539.39

€1,399.02

2007

4

€272,451.45

€28,994.37

€5,471.86

€1,875.33

2008

4

€280,565.59

€29,851.25

€2,842.70

€3,012.98

2009

4

€295,292.82

€29,472.37

€2,449.98

€1,040.35

2010

4

€233,901.02

€4,466.09

€129.49

Nil

Costs relating to staff appointed by Minister Tony Killeen T.D.

23 March 2010 to 19 Jan 2011:

Year

No of Appointed Staff

Remuneration Costs

Employer PRSI

Travel & Subsistence Home

Travel & Subsistence Foreign

2010

4

€189,638.70

€14,625.10

€781.94

€513.32

2011

5*

€109,271.26

€2,374.58

€326.97

€627.29

*Includes the appointment of a temporary Personal Assistant for 16 weeks.

Question No. 555 answered with Question No. 551.

State Bodies Accounts

Questions (556)

Pearse Doherty

Question:

556. Deputy Pearse Doherty asked the Minister for Defence if he will set out in tabular form the names of all State-owned or substantially State-funded organisations under his Department whose latest accounts laid before the Houses of the Oireachtas are more than one year old - that is, relating to a period ending before May 2012; and those of all such organisations whose latest accounts are more than two years old - that is, relating to a period ending before May 2011. [25019/13]

View answer

Written answers

The State Boards under the aegis of the Department of Defence when the Government took office were the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The Civil Defence Board was identified in the Public Service Reform Plan as a body to be abolished, and legislation was passed by the Oireachtas in December 2012 for the dissolution of the Board and the transfer of its functions back to the Department of Defence. The latest accounts laid before the Houses of the Oireachtas in respect of the Civil Defence Board relate to the year ended 31st December 2011, and were laid before the Houses on 11th December 2012. The Board’s cessation accounts covering the period 1st Jan 2012 – 31st December 2012 are currently being prepared and will be laid before the Houses on completion of an audit by the Office of the Comptroller and Auditor General.

The Army Pensions Board is an independent statutory body established under the Army Pensions Act, 1927. The Army Pensions Board does not produce accounts, and all expenditure is included in the Vote 35 Army Pensions Appropriation Account. In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. The Directors’ Report and Financial Statements for 18 months ending 30 June 2012 were laid before the Houses of the Oireachtas in January 2013. It was agreed with the Office of the Comptroller and Auditor General that the 2011 accounts and the first six months of 2012 would be taken together as the final accounts given the very small number of transactions involved. The formal wind up of the Company including voluntary strike off with the Companies Registration Office was completed in early 2013.

In addition to the bodies under the aegis of my Department as outlined above, the Office of the Ombudsman for the Defence Forces and the Defence Forces Canteen Board are also required to lay accounts before the Houses of the Oireachtas.

The 2011 accounts of the Office of the Ombudsman for the Defence Forces were laid before the Houses on 24 April 2012.

The Defence Forces Canteen Board, which was established in 1944 in order to provide canteens for members of the Defence Forces, exercises supervisory and financial control over the operation of military messes throughout the Defence Forces. The accounts of the Defence Forces Canteen Board for 2011 were laid before the Houses of the Oireachtas in September 2012.

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