Written Answers Nos. 974-986
974. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government his plans to introduce legislation which will prevent landlords refusing tenants on the basis that they are in receipt of rent allowance; and if he will make a statement on the matter. [38799/13]
View answerWhile the Residential Tenancies Act 2004 sets out the rights and obligations of landlords and tenants in the private residential rented sector covering, inter alia, security of tenure and the termination of tenancies it does not deal with the business decision a landlord makes in choosing to enter into a tenancy with a tenant. I have no plans to amend the legislation in this regard.
The Equal Status Acts 2000 – 2004, which come under the remit of my colleague the Minister for Justice and Equality, provide protection against direct and indirect discrimination outside of employment on a range of grounds. Being in receipt of rent supplement is not among these grounds.
975. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the steps his Department intends to take to ensure semi-State bodies and other organisations and bodies under its remit advertise vacant positions through the Public Appointments Service and publicjobs.ie in a clear and transparent manner; and if he will make a statement on the matter. [39252/13]
View answerThe Public Appointments Service already advertises a large number of public service posts on publicjobs.ie when requested to by the relevant body. My Department promotes the availability of this service to public service bodies on an on-going basis.
Filling of vacancies in State Agencies and Commercial Semi-State Bodies is generally a matter for individual organisations and Boards.
976. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the full year saving to the Exchequer if all commercial semi-State CEOs' pay under the aegis of his Department were reduced by 10%; and if he will make a statement on the matter. [39262/13]
View answer977. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the full year saving to the Exchequer if all non-commercial State-sponsored bodies' CEO salaries under the aegis of his Department were reduced by 10%; and if he will make a statement on the matter. [39271/13]
View answerI propose to take Questions Nos. 976 and 977 together.
The remuneration of the Chief Executive Officers, or equivalents, of the State Bodies under the aegis of my Department is sanctioned by the Department of Public Expenditure and Reform.
It is estimated that savings of approximately €101,132 (non ppc rates) to €106,104 (ppc rates) could potentially be achieved if the salaries of Chief Executives Officers of Bodies under the aegis of my Department were reduced by 10%.
978. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the full year saving to the Exchequer if all State agency board members' fees in non-commercial State-sponsored bodies and commercial semi-State companies, under the aegis of his Department were reduced by 25%; and if he will make a statement on the matter. [39281/13]
View answerThe information in relation to Board member fees is set out in the following table:
|
Agency / Body |
Post |
Number of board members |
Remuneration |
|
Building Regulations Advisory Body (BRAB) |
Chairperson |
1 |
€8,978 |
|
Member |
24 |
Nil |
|
|
Dublin Docklands Development Authority |
Chairperson |
1 |
€20,520 |
|
Member |
7 |
€11,970 |
|
|
Housing Finance Agency |
Chairperson |
1 |
€11,970 |
|
Member |
10 |
€7,695 |
|
|
Irish Water Safety |
Chairperson |
1 |
€8,978 |
|
Member |
12 |
Nil |
|
|
Housing & Sustainable Communities Agency |
Chairperson |
1 |
€11,970 |
|
Member |
5 |
€7,695 |
|
|
Local Government Management Agency |
Chairperson |
1 |
Nil |
|
Member |
10 |
Nil |
|
|
National Traveller Accommodation Consultative Committee |
Chairperson |
1 |
€8,978 |
|
Member |
11 |
Nil |
|
|
Private Residential Tenancies Board / Rent Tribunal |
Chairperson |
1 |
* |
|
Member |
9 |
* |
|
|
Radiological Protection Institute of Ireland (RPII) |
Chairperson |
1 |
€11,970 |
|
Member |
10 |
€7,695 |
|
|
Western Development Commission |
Chairperson |
1 |
8,978 |
|
Member |
10 |
5,985 |
|
|
Pobal |
Chair |
1 |
Nil |
|
Members |
15 |
||
|
An Bord Pleanála |
Chairperson |
1 |
PPC Rate: €175,877 - Non PCC Rate: €167,300 |
|
Deputy Chair |
1 |
PPC Rate: €124,716 |
|
|
Non PCC Rate: €118,581 |
|||
|
Member |
8 |
PPC Rate: €109,580 |
|
|
Non PCC Rate: €104,317 |
|||
|
Environmental Protection Agency |
Director General |
1 |
PPC Rate: €153,162 |
|
Non PPC: €145,679 |
|||
|
Deputy Director General |
1 |
PPC Rate: €130,881 Non-PPC Rate: €125,011 |
|
|
Directors |
3 |
PPC Rate: €119,381 Non-PPC Rate: €113,511 |
* Those PRTB / Rent Tribunal members of the Board, who are entitled to Board fees, are paid such fees on an attendance basis only. Details regarding the scale of fees and the amounts paid are published in the annual reports of the PRTB.
The Boards of An Bord Pleanála and the Environmental Protection Agency are executive in nature, and Board members are full-time, salaried positions.
Reference to remuneration for chairs and members of Boards is to the level of fee to which they are entitled. Where public servants are appointed to Boards, no fees are payable.
From 1 May 2009, fees were reduced by 10% in line with the Government decision to revise the fees for non-executive Chairpersons and members of Boards of State Bodies. From 1 January 2010, fees were further reduced in line with the Financial Emergency Measures in the Public Interest (No. 2) Act 2009.
In 2012, my Department contacted State Agencies under its aegis, requesting that Board members be offered the option to waive fees on a discretionary basis.
Details in relation to the expenses of Board members are also available within the respective annual reports.
Information regarding potential cost savings which could arise, if the fees to which Board members are entitled were reduced by 25%, are not available in my Department.
979. Deputy Sean Fleming asked the Minister for Justice and Equality the way in which the Haddington Road agreement will affect retired members of the Garda; and if he will make a statement on the matter. [36838/13]
View answerThe Haddington Road Agreement does not affect retired members of the Garda Síochána in any different manner than it affects any other retired public servant. A reduction in public service pensions was legislated for as part of the Financial Emergency Measures in the Public Interest Act 2013, and took effect on 1 July 2013. It is important to note that public service pensions below €32,500 are not affected by any further reductions.
980. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which his Department has studied and is aware of instances of online and credit card fraud here; the measures being taken to protect online retailers and consumers from fraudulent transactions; the extent to which current legislation allows for information to be made available to online retailers regarding suspected or actual fraudulent activity; the position of his Department regarding implementing protective measures and infrastructure for online retailers and consumers against fraudulent transactions; and if he will make a statement on the matter. [36857/13]
View answer989. Deputy Simon Harris asked the Minister for Justice and Equality if his attention has been drawn to the high prevalence of online fraud being experienced by Irish retailers engaging in selling goods online; the steps he intends to take to reduce this problem and protect retailers engaged in e-commerce here; and if he will make a statement on the matter. [38051/13]
View answerI propose to take Questions Nos. 980 and 989 together.
I can assure the Deputies that I do appreciate the concerns of both retailers and consumers with regard to the issue of on-line and credit card fraud and the prevalence of such activity.
In the context of our criminal law enforcement efforts to combat fraudulent activity these particular forms of fraud feature prominently, both nationally and at European level.
Of course, issues concerning the operation of payment services systems and best practice in doing business on-line fall within the remit of a number of Departments and Agencies, and in this regard there is ongoing cooperation at national level between An Garda Síochána and relevant actors in seeking to raise awareness and provide crime prevention advice.
In this regard An Garda Síochána works in co-operation with the various agencies, including the Irish Payment Services Organisation Ltd (IPSO), the Irish Banking Federation (IBF), payment card issuers and retailers to reduce this type of crime via education of the various methodologies used and by ongoing awareness raising of such fraud. Examples of this include the publication in March of this year by An Garda Síochána (done in conjunction with the PSNI, IPSO and IBF) of a guide to fraud prevention entitled "Be Aware Beat Fraud". and both the Garda and IPSO websites contain links with information on crime prevention methods in this regard.
Furthermore An Garda Síochána, through the Garda Bureau of Fraud Investigation Payment Card Unit, continues to co-operate with the various international police forces and agencies, including Europol and Interpol to target online fraud.
Work is also undertaken by the Department of Communications, Energy and Natural Resources through its Make IT Secure Campaign, which is fully supported by An Garda Síochána, which aims to improve the awareness of risks arising from increased use of IT in everyday life. In addition, IPSO maintains statistics in relation to payment fraud, issues regular alerts of card fraud scams and provides advice to consumers and businesses in relation to how to keep their payments and financial information secure. The Irish Bankers Federation also provides fraud prevention tips to consumers through publications such as its Guard your Cards booklet.
Regarding the issue raised concerning information being made available to online retailers regarding suspected or actual fraudulent activity, I can say that while any exchange of information would have to have regard to data protection legislation, section 94 of the European Communities (Payment Service) Regulations, 2009 provides for appropriate processing of personal data by a payment system or service provider for the purposes of the prevention, investigation and detection of payment fraud.
In terms of the nature and extent of this type of fraud, I am advised that the Irish Payment Services Organisation Ltd (IPSO) website identifies that following an estimated increase of payment card fraud of 24% year on year from 2009 to 2011, card fraud has decreased by 21% in the value of fraud losses in 2012 compared to the preceding year. It is estimated that an approximate total of €20.4 million was lost to fraud on Irish issued payment cards (including credit, debit and ATM cards) in 2012. This compares with an equivalent estimated figure of €25.7 million worth of losses recorded in 2011. However, I am also informed that the instances of online fraud involving the use of payment cards against retailers who engage in the sale of goods on the internet has increased for a number of factors including the increased use of the internet as a point of sale for retailers and the increased usage and availability of payment cards.
In response to this, members of the Garda Bureau of Fraud Investigation engage with IPSO and the IBF on an ongoing basis on the latest forms of fraudulent attacks. Where new fraud trends are identified they are immediately distributed to the various fraud forums in place including retailer associations and via media reports. The use of secure payments systems and maintenance of up to date anti-fraud protocols can prove extremely effective in preventing retailers becoming a victim of such fraud.
Finally I would stress that retailers and consumers must be as proactive as possible in all of this area and ensure that they avail of the existing security and fraud prevention measures and advices when making payments online by only using secure online payment methods and by promptly reporting unauthorised transactions immediately to their bank all of which is vital in counteracting online fraud. Where fraud does occur it should be brought to the attention of Garda authorities who have my full support in targeting such fraudulent activity.
981. Deputy Andrew Doyle asked the Minister for Justice and Equality if he will outline the details of the mini-Schengen proposal and plan between Ireland and the British Government to enable business travellers and tourists from fast-growing Asian economies to travel on common visas between both Ireland and the UK; and if he will make a statement on the matter. [36960/13]
View answer983. Deputy Andrew Doyle asked the Minister for Justice and Equality if the current opt-out of the Schengen agreement is currently being reconsidered, with a view to joining the Schengen area; if meetings or discussions have been held between his Department and the Department of Justice and Equality, in addition to the Irish Naturalisation and Immigration Service; and if he will make a statement on the matter. [37422/13]
View answer984. Deputy Andrew Doyle asked the Minister for Justice and Equality his views on whether it would be beneficial for Ireland to have common visa arrangements with Schengen area countries for non-EU citizens, rather than organising bilateral agreements with the United Kingdom; and if he will make a statement on the matter. [37423/13]
View answerI propose to take Questions Nos. 981, 983 and 984 together.
The Government's focus is to maximise to the greatest possible extent the potential of the Common Travel Area. This is evidenced by the visa waiver programme for holders of certain categories of UK visa, which this Government introduced in July 2011. In the twelve months following the introduction of the programme, visits from the countries covered by it increased by 21% over the preceding twelve months. The Government has also taken other steps to make the visa process easier including making greater use of multi-entry visas for regular tourist and business visitors from targeted markets including China, the UAE and Russia.
Building on these measures, work is ongoing on the development of short-stay Common Travel Area (CTA) visa arrangements which would allow tourists and business visitors to travel to the CTA, with first arrival in either jurisdiction, and thereafter to travel freely both within the island of Ireland and between Ireland and the UK. In other words the outer perimeter of the CTA would operate, to quote the Deputy's own words, like a mini-Schengen and represent a historic breakthrough in the manner the CTA operates. It is planned for the roll-out of such a visa to take place in mid-2014. Prior to its introduction, the necessary technical and operational arrangements, including the capture of biometrics for visa applicants, needs to be put in place between the two jurisdictions. These initiatives have been universally welcomed by tourism bodies and tour operators particularly those operating in emerging markets.
Ireland has not applied to participate in those aspects of the Schengen Aquis that provide for the abolition of internal border checks. This decision has been taken to maintain the CTA with the UK which remains a priority for Ireland. The population of the island of Ireland are Irish citizens and a significant proportion of people in Northern Ireland identify themselves as such and carry an Irish passport. The operation of the CTA facilitates citizens of Ireland and of the United Kingdom of Great Britain and Northern Ireland to move freely within the CTA. Of course, nationals of the European Union as well as Iceland, Norway, Liechtenstein and Switzerland enjoy extensive free movement rights as a matter of EU law and the operation of the CTA does not interfere with these rights.
The fact remains that the CTA could not continue to operate if Ireland were to participate in the Schengen agreement on border controls while the United Kingdom did not. To do so would result in a situation where the land border with Northern Ireland would become the external border of the Schengen area. Ireland would be required to apply the Schengen agreement provisions on the external border and to impose systematic checks and monitoring on all persons travelling to Ireland from the UK by air, sea and land. This is obviously something that no Irish Government would seriously contemplate. The reality is that we cannot operate a common travel area with the UK and unilaterally be part of the Schengen zone at the same time.
982. Deputy Michael Healy-Rae asked the Minister for Justice and Equality in view of the fact that the Irish Deaf Society has established a campaign for official recognition of Irish sign language, if he will take on board the campaign and give recognition to it; and if he will make a statement on the matter. [37180/13]
View answer987. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will provide official recognition of Irish sign language; and if he will make a statement on the matter. [37916/13]
View answer1066. Deputy Tom Fleming asked the Minister for Justice and Equality if he will provide official recognition of Irish sign language in view of the fact that this is the language used by the deaf community here and take into consideration that 5,000 deaf persons along with 40,000 others such as family, friends, peers and so on use it daily; and if he will make a statement on the matter. [37436/13]
View answerI propose to take Questions Nos. 982, 987 and 1066 together.
As the Deputies will be aware one of the commitments in the Programme for Government is to "examine different mechanisms to promote the recognition of Irish Sign Language". This process has already commenced.
At my request the National Disability Authority (NDA) facilitated consultations with the Deaf Society in Ireland and submissions were received from them in relation to actions that could make improvements in the lives of deaf people. Those submissions were considered for inclusion where possible and appropriate in the National Disability Strategy Implementation Plan which was published in July 2013 on the Department of Justice website. The National Disability Strategy is a whole-of-Government approach to advancing the social inclusion of people with disabilities.
In line with the policy of mainstreaming, sign language is reflected in the responsibility of several Ministers. Policy in the area of language for people with disabilities is reflected in the Education Act 1998 (learning through Irish Sign Language), the Education for Persons with Special Educational Needs Act 2004 (language assessment) and the Disability Act 2005 (Code of Practice on Accessibility of Public Service and Information provided by Public Bodies). In addition the Sign Language Interpreting Service (SLIS) is provided for under the Citizens Information Board. With regard to EU Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings, Ireland's existing arrangements for translation and interpretation already meet, in practice, the requirements of the Directive.
It must be pointed out however, that there are no plans to recognise ISL as Ireland's third official language. It is mechanisms for the further promotion and recognition of ISL that are being examined, in consultation with The Deaf Society, so that an agreed platform can be reached in relation to the form of recognition that is possible.
The existing legislation in Ireland gives a level of recognition and practical measures equal to, or above that, in countries which have formally recognised sign language.
985. Deputy Andrew Doyle asked the Minister for Justice and Equality if a person (details supplied) is entitled to apply for an Irish passport; and if he will make a statement on the matter. [37545/13]
View answerThe laws governing entitlement to Irish citizenship are specified in the Irish Nationality and Citizenship Act 1956, as amended. Where a person is not born in the island of Ireland, they may have an entitlement to Irish citizenship if they are of Irish descent and certain requirements are satisfied. Persons with an entitlement to Irish citizenship can make an application for an Irish passport to the Passport Office or, if abroad, to their nearest Diplomatic and Consular Mission.
A foreign national spouse or civil partner of an Irish citizen may also be able to acquire Irish citizenship through naturalisation.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and (ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.
A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended where, inter alia, they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.
986. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the reason for the delay in issuing a visa in respect of a person (details supplied); and if he will make a statement on the matter. [37816/13]
View answerI can inform the Deputy that the visa application referred to has been granted. Visa applications are processed as speedily as possible having regard to the numbers on hand and the resources available to process them.
