Written Answers Nos 101-120
101. Deputy Seamus Healy asked the Minister for Justice and Equality if he will put a procedure in place whereby reserve members of An Garda Síochána who are fully attested and have their two year probationary period completed, may proceed to become permanent members of An Garda Síochána by way of internal recruitment in view of their training, loyalty, service, dedication and commitment; and if he will make a statement on the matter. [43802/13]
View answerRecruitment to An Garda Síochána is governed by statutory regulations. The current Garda Síochána (Admissions and Appointments) (Amendment) Regulation 2006, expressly allows the Public Appointments Service to take into account any satisfactory service by a person as a reserve member of the Garda Síochána, when they are applying to join the full time force. These regulations are currently being consolidated and revised and the same provisions for Reserve members will be incorporated into the new regulations.
102. Deputy Barry Cowen asked the Minister for Justice and Equality the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43819/13]
View answerI wish to inform the Deputy that since March 2011 there have been 26 Bills published by my Department. Details of which are set out in tabular form. The Deputy may wish to note that some of these Bills have now been enacted and are now Acts.
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Details of Bills published since 09 March 2011 |
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2013 |
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Criminal Justice (Money Laundering & Terrorist Financing) (Amendment) Bill 2013 – (Later the Criminal Justice Act 2013) |
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Criminal Law (Human Trafficking) (Amendment) Bill 2013 |
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Prison Development (Confirmation of Resolutions) Bill 2013 |
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Courts Bill 2013 |
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Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 |
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Fines (Payment and Recovery) Bill 2013 |
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Land and Conveyancing Law Reform (Amendment) Act 2013 |
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Assisted Decision-Making (Capacity) Bill 2013 |
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Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013 |
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Human Trafficking (Amendment) Bill 2013 (Minister of State Lynch took this Bill through all stages of the Seanad. |
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2012 |
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Criminal Justice (Spent Convictions) Bill 2012 |
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National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 |
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Europol Bill 2012 |
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Criminal Justice (Search Warrants) Bill 2012 |
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Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Adults) Bill 2012 |
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European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Bill 2012 |
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Personal Insolvency Act 2012 |
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Jurisdiction of Courts and Enforcement of Judgements (Amendment) Act 2012 |
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Equal Status (Amendment) Bill 2012 (No. 110 of 2012) |
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2011 |
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Criminal Law (Defence and the Dwelling) Bill 2011 |
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Criminal Justice Bill 2011 |
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Criminal Justice (Community Service) (Amendment) Bill 2011 |
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Twenty –Ninth Amendment of the Constitution (Judges’ Remuneration) Act 2011 |
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Property Services (Regulation) Act 2011 |
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Civil Law (Miscellaneous Provisions) Act 2011 |
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Legal Services Regulation Bill 2011 |
Finally, I wish to refer the Deputy to Parliamentary Question 518 of 01 October 2013 which details the number of Regulatory Impact Assessments published by my Department since March 2011.
103. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality further to Parliamentary Question No. 164 of 9 October 2013, in view of the fact that the Kildare Divisional Drugs Unit is populated by just two members of An Garda Siochana, his views on whether this is an adequate number of personnel in a county which has a population in excess of 210,000, in which every urban centre is experiencing problems with the misuse of drugs, and where we are directly affected due to our proximity to Dublin by the constant migration of drug users and by drug related crime; if he will agree to engage on this issue with the Garda Commissioner; and if he will make a statement on the matter. [43842/13]
View answerI have previously informed the Deputy and the House that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and that I have no function in the matter. I have also informed the House as to how those allocations are continually monitored to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
I am informed by the Commissioner that all Gardaí have responsibilities in the prevention and detection of criminal activity whether it be in the area of burglaries, drug offences or otherwise. I can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime in this jurisdiction. The Garda National Drugs Unit, working with Divisional Drugs Units and other national units, including the Organised Crime Unit and the Criminal Assets Bureau, target persons involved in the illicit sale and supply of drugs.
104. Deputy Brendan Griffin asked the Minister for Justice and Equality the reason a person (details supplied) in County Kerry was refused an application for residency; and if he will make a statement on the matter. [43867/13]
View answerBased on the information supplied, I am informed by officials in my Department that they can find no record of an application for residency for the person referred to by the Deputy. However, records indicate that the person concerned has made three visa applications in 2010, 2011 and in 2012. All applications were for short stay visits, i.e, of less than 90 days, to Ireland. These three applications were, following full consideration by the visa officer concerned, refused.
The most recent application was refused on 17 July 2012 and the decision to refuse was upheld by an appeals officer on 18 October 2012. The visa appeals officer did not consider that the person concerned provided sufficient evidence of her obligations to return home following a visit to Ireland and had concerns that she would not observe the conditions of a visa were it to be approved. Furthermore, the person concerned was requested by the visa appeals officer to provide a copy of a letter of refusal of a UK visa application. This was not provided. The visa appeals officer had concerns that the person may attempt to use the common travel area between the UK and Ireland to enter the UK unlawfully.
It is open to the person concerned to make a new application should she so wish. Where doing so, the applicant should be in a position to address the reasons for the refusal, in particular in this case, by showing stronger evidence of obligations to return home on the expiration of the permission to remain in Ireland. Guidelines regarding the visa application procedure are available on the website of the Irish Naturalisation and Immigration Service - www.inis.gov.ie.
Queries in relation to general immigration matters may be made directly to 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 INIS is, in the Deputy's view, inadequate or too long awaited.
105. Deputy Brendan Griffin asked the Minister for Justice and Equality the timeframe involved in the public consultation process in advance of the Gaming Control Bill; when he expects the Bill to be published; and if he will make a statement on the matter. [43868/13]
View answerWhen he refers to public consultation "in advance" of the Gambling Control Bill, the Deputy may have in mind the consideration by the Oireachtas Joint Committee on Justice, Defence and Equality, of the General Scheme of that Bill. However, he will also be aware of the numerous studies and reports over many years on the reform of our laws on gambling, the most recent being in 2010. Almost all of those earlier reports entailed a level of consultation.
On taking office in March 2011, I decided that the time had come to move to the next stage, i.e. to prepare legislative proposals, with the result that in July, the Government approved the General Scheme mentioned above. My Department took account of those previous consultations when preparing the General Scheme.
I considered it important to hear from as wide a range of opinion as possible about the proposals in the Scheme. I therefore decided to avail of the new enhanced Oireachtas scrutiny procedures. I wrote to the Chair of the Joint Oireachtas Committee on Justice, Defence and Equality in July requesting that the Committee should furnish to me its views on the General Scheme by the end of October.
The General Scheme was also published on my Department's website within days of it being approved by the Government.
The Deputy is, of course, aware that the Oireachtas, including its Committees, has full discretion on the conduct of its business. In the present case, the Committee decided to invite written and, later, oral presentations on the Scheme. I understand the Joint Committee is now preparing its Report.
Separately from the work of the Joint Committee, the General Scheme has been submitted to the Office of the Parliamentary Counsel. That Office has responsibility for the drafting of legislation. The Committee's Report and any recommendations it may contain will be given full consideration as drafting progresses.
The Deputy will be aware of the broad scope and complexity of the Scheme. Bearing that and the workload of the Office in mind, I am unable at this time to give a firm indication as to when the Bill will be published but I do not anticipate publication until the second half of 2014 at the earliest. However, I should add that the very positive reaction to my Scheme, as evident from the presentations to the Joint Committee, is very encouraging. I am looking forward to receiving the Joint Committee's Report. I expect it will be of assistance in having the drafting completed as early as possible.
106. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans for the future regulation of ETVMs; and if he will make a statement on the matter. [43869/13]
View answerIf the Deputy would like to clarify what information he is seeking by contacting my Office, I would be happy to investigate the matter further for him.
107. Deputy Brendan Griffin asked the Minister for Justice and Equality if he has looked at the Italian model in advance of the Gaming Control Bill; if he considers such a model to be a suitable method of eliminating revenue avoidance; and if he will make a statement on the matter. [43870/13]
View answerThe Government approved my draft General Scheme for the Gambling Control Bill in July. In the course of preparing that Scheme, my Department examined relevant provisions in the laws of many other jurisdictions, including Italy, and, where appropriate, drew on those provisions in framing the proposals appropriate to this jurisdiction.
I note the Deputy's reference to "eliminating revenue avoidance". It is important to understand the role of the proposed Gambling Control Bill in relation to taxation and revenue matters. Although not concerned with taxation, the new legislation will, nevertheless, be of assistance to the Revenue Commissioners in identifying those liable to taxation in the gambling sector. This will come about because the new legislation will provide that only licensed operators may offer gambling services and it will also provide the means to ensure compliance with that requirement. The Revenue Commissioners can therefore rely on the licensing system to identify all those liable under the relevant taxation provisions.
108. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support a matter (details supplied) on fixed odds betting terminals in the Gaming Bill [43879/13]
View answerThe matter referred to by the Deputy arises from correspondence between an interested party and the Joint Oireachtas Committee on Justice, Defence and Equality and concerns that Committee's hearings on the General Scheme of the Gambling Control Bill. The Deputy will be aware that I, as Minister, have no role in relation to the conduct of business by Committees and it would not be appropriate for me to comment on the correspondence in question.
However, on the question of the Scheme's treatment of Fixed Odds Betting Terminals, I draw attention to Head 49, in particular to paragraphs (2) and (7) of that Head. Paragraph (7) provides for a ban on FOBT in this jurisdiction and gives effect to the Government's policy on FOBT. Paragraph (2) provides powers to 'prohibit or restrict' any device, game, etc. It is available to deal with as yet unknown risks, be they from new devices, games, etc that may emerge in the future or from existing devices, etc where new evidence demonstrates a serious risk of harm. As can be seen, Head 49 provides a mechanism that will ensure a high level of protection for consumers when the evidence supports the need for action.
109. Deputy Seamus Healy asked the Minister for Justice and Equality the position regarding the Spent Convictions Bill; when the remaining stages of the Bill will be taken; when it is likely to complete its passage through the Houses of the Oireachtas; and if he will make a statement on the matter. [43883/13]
View answerThe Criminal Justice (Spent Convictions) Bill 2012 passed Committee Stage in Dáil Éireann on 20 March 2013, having previously passed all stages in the Seanad. However, before the Bill was taken at Report Stage, a judgment of the Court of Appeal in England and Wales was published which has necessitated a review of the provisions concerning the disclosure of certain old minor convictions under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. Given the close relationship between the two pieces of legislation, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill.
It is my intention that the review will be completed shortly and that the Spent Convictions Bill will be enacted as soon as possible thereafter.
110. Deputy Seán Ó Fearghaíl asked the Minister for Defence if the Office of Public Works has conducted a survey of buildings that are of historical or architectural significance within the ownership of his Department, in view of the fact that the listing or preservation of such buildings does not fall within the remit of local authorities and their development plans; and if he will make a statement on the matter. [43847/13]
View answer113. Deputy Seán Ó Fearghaíl asked the Minister for Defence the architectural surveys his Department has conducted at barracks still in the ownership of his Department; if his Department has identified buildings that are worthy of preservation in view of their historical and architectural significance; if an inventory of such buildings has been compiled; and if he will make a statement on the matter. [43846/13]
View answerI propose to take Questions Nos. 110 and 113 together.
The Defence property portfolio consists of a diverse range of facilities from conventional military barracks to forts, camps, dwelling houses and land. A number of buildings in this portfolio have been identified as of historical or architectural significance.
The Office of Public Works has no role in the management of buildings within the ownership of the Department of Defence. Notwithstanding certain planning exemptions for Defence properties, the surveying, listing and ongoing monitoring of protected buildings in the Defence property portfolio falls within the remit of the relevant local authority.
The preservation and maintenance needs for these buildings are reviewed as part of the Department’s maintenance and capital expenditure programme each year.
111. Deputy Andrew Doyle asked the Minister for Defence the preparations he has made to date in advance of the European Council summit in December 2013 that will play host to a substantive debate on European security and defence matters; if he will outline the stage discussions within his Department have reached; his views on whether the summit may change the nature of public debate here regarding collective security and defence in the EU in view of the recent comments by the President of the Council, Herman Van Rompuy, that the EU needs a long-term and more systematic approach to co-operation in this policy field; if pooling of Irish defence resources is going to be considered; and if he will make a statement on the matter. [43711/13]
View answerThe European Council in December 2013 will include a thematic discussion on defence issues, including CSDP. The last such discussion took place in 2008. To this end, the European Council on 13 -14 December 2012 adopted brief procedural conclusions inviting the High Representative for Foreign Affairs and Security Policy, Baroness Cathy Ashton, and the Commission, inter alia, to develop further proposals and actions to strengthen CSDP and improve the availability of the required civilian and military capabilities. In summary the conclusions fall into three clusters as follows:
1. Increase the effectiveness, visibility and impact of CSDP;
2.Enhance the development of defence capabilities;
3. Strengthen Europe’s defence industry.
Since the adoption of Council Conclusions in December 2012, Member States have actively addressed this topic through a range of fora, at both political and official level. On 24 July, the Commission’s Communication “Towards a more competitive and efficient defence and security sector" was published. The High Representative’s (HR’s) Report on the EU’s Common Security and Defence Policy (CSDP) was circulated on 10 October. Both documents are currently being considered by my officials in consultation with their colleagues from the Department of Foreign Affairs and Trade, and the Department of An Taoiseach. They will be on the Agenda for the meeting of the Foreign Affairs Council in Defence Ministers format in Brussels in November and then at the General Affairs Council prior to the European Council.
The forthcoming thematic discussion on Defence issues at European Council meeting of Heads of State and Government in December was a priority issue during Ireland's recent Presidency of the Council of European Union. It was discussed at a number of high level meetings, including the Defence Ministerial which I chaired in Dublin on behalf of the High Representative. Ireland also hosted a presidency seminar on the topic.
It is not possible to say whether the European Council meeting of itself will change the nature of public debate in Ireland. However, Ireland has been a strong supporter of the role of the EU in international crisis management through CSDP. There is a need, clearly identified, to ensure that the Union collectively has the capabilities to undertake crisis management operations and for Member States to commit the required capabilities to support operations mandated by the Council. To this end, it is important that the industrial capacity exists within the Union to provide the requisite capabilities. In the case of the Defence Forces, we rely, in many instances, on European suppliers to provide the Defence Forces with the defence capabilities necessary to undertake the roles assigned to them by Government. How the market can continue to provide the required defence capabilities is among the matters which are due to be discussed in December at the European Council.
In relation to the pooling and sharing of defence resources, this remains a matter for national decision on a case-by-case basis and there is no proposal to change this. The concept of pooling and sharing involves groups of Member States coming together and pooling resources so as to retain, maintain and/or enhance their military capabilities which they can make available for crisis management operations. Ireland is also strongly supportive of initiatives to improve capability development for use in crisis management operations in tandem with other member States. In this regard, Ireland has participated in the European Defence Agency (EDA) since 2004 and we are involved in a number of EDA programmes in cooperation with other Member States, in areas such as Force Protection, Chemical Biological Radiological and Nuclear Protection and Maritime Surveillance.
112. Deputy Barry Cowen asked the Minister for Defence the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43812/13]
View answerMy Department has published the following bills since March 2011:-
1. Defence (Amendment) Act 2011 – The Act provides for amendments to the Defence Acts to expand the potential candidature for appointment to the post of Military Judge and the Director of Military prosecutions to persons other than members of the Defence Forces and for an amendment to the powers of the Selection Committee to determine a candidate’s qualification for appointment to these posts. It also provides for the appointment of a Circuit Court Judge to perform the functions of the Military Judge where the Military Judge is not available.
2. Civil Defence Act 2012 - This Act repealed the Civil Defence Act 2002, dissolved the Civil Defence Board and transferred its functions, property, rights, liabilities and other responsibilities back to the Department of Defence.
3. Defence Forces (Second World War Amnesty and Immunity) Act 2012 - The Act provides for the granting of an amnesty and apology to those members of the Defence Forces who served with forces fighting on the Allied side during World War II and who were subsequently found guilty by a military tribunal or who were dismissed from the Defence Forces pursuant to the provisions of the Emergency Powers (No. 362) Order 1945. In addition, it also provides an immunity from prosecution, to those who were, or who still are, liable to be prosecuted for, desertion or being absent without leave.
There have been no Regulatory Impact Assessments carried out by my Department since March 2011. The Department of Defence is not a regulatory authority as commonly understood. The Defence Acts and Regulations made thereunder are for the most part, focused on the Defence Forces only and do not apply to the ordinary citizen or to business. Notwithstanding this, the Department applies the principles set out in the Regulatory Impact Assessment (RIA) Guidelines issued by the Department of the Taoiseach where appropriate.
114. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine the bodies of the State responsible for bonds and land bonds between the years of 1930 and 1980; if bonds that were issued between these years are still claimable if a State body that issued bonds between these years is no longer in existence; the State body that now has the records for this period of time; and if he will make a statement on the matter. [43721/13]
View answerSince 1923, the purchase prices of lands taken over by the former Irish Land Commission (ILC) were payable in State-guaranteed Land Bonds. Most of the owners whose land was acquired were compensated in these Land Bonds yielding a fixed rate of return. They were redeemable at their nominal or original value, either by periodic random selection from what was known as the Land Bond Fund, or after 30 years at the discretion of the Minister for Finance.
The Land Bond Act, 1992 dissolved the Land Bond Fund and converted the Bonds into cash. All sums outstanding and not immediately required upon the passing of the Act for the payment of vendors were transferred to the Central Bank. This money is held on deposit by the Accounts Division in my Department, as successor to the ILC, until such time as those with valid title lay claim to the funds.
115. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if there will be a scheme for suckler cows as this sector of farming is really struggling at present; and if he will make a statement on the matter. [43720/13]
View answerI am committed to the development of a strong and sustainable suckler cow sector and am fully aware of the issues facing it at present. To assist in its development, I announced a Beef Genomics Scheme (BGS) yesterday specifically aimed at suckler farmers, that will help to accelerate the kind of genetic improvement that will drive efficiency and increase profitability at farm level.
This scheme will provide vital support for suckler farmers, and begin the process of building a genetic database for the beef sector that will position Ireland as a global leader in beef genetics and ultimately lead to a more efficient and profitable farm sector.
I have been able to secure €23 million of funding for this new scheme. The BGS will provide a €40 per calf payment subject to an overall scheme limit. In order to be eligible for the BGS, a farmer must also be in the Beef Data Programme (BDP). Full details of the scheme’s terms and conditions will be available from my Department shortly.
In addition to the BGS a further €10 million in funding will be paid under the Beef Data Programme (BDP) in 2014. Approximately 34,000 farmers applied for BDP in 2013. This assists farmers in improving the quality of their livestock while maintaining a flow of crucial data to ICBF that will generate further advances in cattle breeding at a national level. Farmers in BDP will receive a further €20 per calf up to a maximum of 20 calves. Added to the BGS Scheme, this will give suckler farmers a payment of up to €60 per calf in 2014.
In addition to BGS and BDP a further allocation of €5 million will be made in 2014 so that the Beef Technology Adoption Programme (BTAP) will continue for another year. Some 5,500 farmers received an annual payment of €925 each under the 2012 programme.
In total, these measures, added to residual payments under the Suckler Cow Welfare Scheme will provide an investment of €40m to suckler farmers in 2014.
116. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if a person were to sell two parcels of land to buy one parcel of land would they qualify for land consolidation; and if he will make a statement on the matter. [43794/13]
View answerFarmers who satisfy certain conditions are eligible to apply to have their entitlements consolidated. The reduction in the number of hectares must have arisen because of one or more of the following circumstances:
- The acquisition of land by a public authority under a Compulsory Purchase Order (CPO) for non-agriculture.
- Lands leased in/ rented in during all or part of the reference period (2000-2002) where the lease /rental agreement has expired or will expire and the land parcels in question are no longer available.
However, a farmer who acquires entitlements and land by way of purchase/lease is not eligible to consolidate the purchased/leased entitlements.
A farmer who sells land and replaces it with a lower number of hectares is not eligible for consolidation.
117. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their disadvantaged areas scheme payment; and if he will make a statement on the matter. [43797/13]
View answerPayment in respect of the 2013 Disadvantaged Areas Scheme issued directly to the nominated bank account of the person named on 10 October 2013, payments under the Scheme having commenced, on target, on 25 September 2013.
118. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [43808/13]
View answerSince this Government took office my Department has published three Bills:
- Veterinary Practice (Amendment) Bill (28 July 2011)
- Animal Health and Welfare Bill (25 April 2012)
- Forestry Bill (24 April 2013)
No Regulatory Impact Statements have been carried out on Bills in my Department, all were carried out prior to this Government taking office.
119. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on whether the compensation programme that was belatedly put in place regarding BVD needs to be expanded (details supplied); and if he will make a statement on the matter. [43824/13]
View answerMy Department introduced a compensation scheme for herdowners, who have 2 or more eligible beef breed calves, in suckler herds born on or after 1 January 2013. To qualify, the herdowner must comply with the conditions of the BVD Eradication Programme, the statutory basis for which is set out in S.I. 532 of 2012. In particular, the calves must have had an initial positive or inconclusive test for the Bovine Viral Diarrhoea Virus (BVD), and be removed from the herd, with a date of death notified to the Animal Identification Movement System (AIM). Payment will be made at a rate of €100 in respect of the second and subsequent P.I. calves in suckler herds.
The scheme is to calves from suckler herds because the “payback period” in suckler herds is more than twice that of dairy herds: it is estimated that the benefit of the eradication of this disease to dairy farmers will exceed the cost involved after a period of 6 months.
120. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if the disadvantaged areas payment will be made to a person (details supplied) in County Kilkenny. [43838/13]
View answerAn application under the Single Farm Payment/Disadvantaged Areas Scheme was received from person named on 9 May 2013. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue.
The application of the person named was selected for a remote sensing inspection. This inspection has been completed and the results are now being finalised. In the event that any queries arise officials in my Department will shortly be in contact with the person named.
