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Tuesday, 21 Jan 2014

Written Answers Nos. 375-393

Invalidity Pension Appeals

Questions (377)

Tom Fleming

Question:

377. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite an invalidity pension appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [2774/14]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 05th December 2013. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Invalidity Pension Appeals

Questions (378)

Pat Deering

Question:

378. Deputy Pat Deering asked the Minister for Social Protection when a person (details supplied) in County Carlow will receive a decision on their invalidity pension appeal; and if she will expedite a response. [2793/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 08th January 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Question No. 379 withdrawn.

State Pension (Contributory) Eligibility

Questions (380)

Eoghan Murphy

Question:

380. Deputy Eoghan Murphy asked the Minister for Social Protection if she will investigate a pension anomaly in respect of a person (details supplied). [2837/14]

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Written answers

The State pension is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives and the reform measures introduced to date go somewhat toward that goal. Currently a person's date of entry into insurance is taken as the date used for averaging purposes. To qualify for a state pension a person must:

- have entered insurance before the age of 66;

- have at least 520 paid contributions; and

- satisfy a yearly average (a yearly average of 48 is required for a full rate pension).

An increase for a qualified adult, which is a means tested payment may be made to an individual who does not qualify for a pension in their own right or qualifies for a lower rate of pension due to gaps in insurance or the means tested non-contributory pension may be available to an individual who meets the qualifying criteria.

The yearly average test has been in existence since 1961 when contributory pensions were first introduced. The scheme was designed with a view to ensuring that people could qualify for contributory pensions immediately and to suit a system where social insurance coverage was limited. Under the pension reform programme, there is a plan to adopt a total contributions approach where the number of contributions paid over a work life will closely reflect the rate of payment received. For example, 30 years of contributions (1560) could qualify a person for maximum State pension (contributory). A person would accumulate 1/30th of a pension for each year of contributions up to a maximum of 30/30ths inclusive of a certain number of credits. The introduction of new rate bands in September 2012 moves somewhat closer to this process. It had been planned to introduce this change in 2020 but in the context of changing demographics and longer working, this date may be brought forward.

In relation to the person concerned, she entered social insurance on 6 November 1967. In this case, when determining entitlement to State pension contributory (SPC) the yearly average is calculated from her date of entry into insurance to the last complete tax year before reaching their 66 birthday. This person has a yearly average of 14 which equates to the current rate payable to her. Under the current legislative provision, there is no other way in which to calculate the rate of pension payment.

Carer's Allowance Appeals

Questions (381)

Bernard Durkan

Question:

381. Deputy Bernard J. Durkan asked the Minister for Social Protection the grounds on which an application for carer's allowance was refused in the case of a person (details supplied) in County Kildare; the amount by which they exceeded the limit; if this inquiry can be accepted as the basis for an appeal; and if she will make a statement on the matter. [2838/14]

View answer

Written answers

The person in question was awarded a carer's allowance from 6th May 2010. Following a recent control check review the means for the person concerned have been re-assessed, and it has been decided that his means exceed the statutory limit. The claim has been disallowed and payment will cease from 16th January 2013. The person concerned was notified of this decision on the 9th of January 2014, the reasons for it and of his right of review or appeal. The person in question was assessed with means of €238.96 per week, which exceeds the statutory means figure of €210.10 per week.

The Social Welfare Appeals Office has been notified of your request to open an appeal in this decision.

Unemployment Data

Questions (382)

Derek Nolan

Question:

382. Deputy Derek Nolan asked the Minister for Social Protection if she will provide the most recent unemployment figures for Loughrea, County Galway; the groups or categories of persons who qualify as unemployed; and if she will make a statement on the matter. [2846/14]

View answer

Written answers

Information relating to a claimant's address is not currently coded to the geographical location of the address. As such it is not possible to accurately report persons on the live register living in a particular area at present. However, the number of persons on the live register in the Loughrea Social Welfare Local Office at the end of December 2013 was 2,219.

The jobseeker's allowance scheme provides income support for people who have lost work and are unable to find alternative employment. The qualifying conditions for the scheme include that a person must be capable of, available for and genuinely seeking full-time work. Generally, a person is entitled to jobseeker's allowance where they are fully unemployed for at least 4 days in any period of 7 consecutive days and satisfy a means test. Full details in relation to the scheme are available on www.welfare.ie.

Departmental Funding

Questions (383)

Catherine Byrne

Question:

383. Deputy Catherine Byrne asked the Minister for Social Protection further to Parliamentary Question No. 292 of 10 December 2013, the voluntary and community organisations funded by her Department in 2013 or the latest year for which such information is available; and the amount provided in each case and the purpose for which it was provided. [2874/14]

View answer

Written answers

The information requested is not immediately available in the Department. My Department will write to the Deputy when the information is compiled.

Community Welfare Services

Questions (384)

Mary Lou McDonald

Question:

384. Deputy Mary Lou McDonald asked the Minister for Social Protection if she will consider reconfiguring the boundaries of the existing community welfare office service on the Lucan-Clondalkin border to transfer housing estates (details supplied) into the responsibility of the Rowlagh community welfare officers. [2882/14]

View answer

Written answers

As part of the development of the Intreo model of service delivery the Department considers the re-alignment of customer catchment areas. The Intreo model will be developed for the Clondalkin, Lucan and Adamstown areas during 2014 and the suggested re-alignment will be considered in that context.

Question No. 385 answered with Question No. 337.
Question No. 386 withdrawn.

State Papers

Questions (387, 401)

Simon Harris

Question:

387. Deputy Simon Harris asked the Minister for Arts, Heritage and the Gaeltacht if consideration will be given to reducing the 30-year rule for the release of State papers; and if he will make a statement on the matter. [2272/14]

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Andrew Doyle

Question:

401. Deputy Andrew Doyle asked the Minister for Arts, Heritage and the Gaeltacht if consideration has been given to moving the period before publication of State papers from 30 years to 20 years, in line with the UK; if his Department is aware that the UK is currently publishing its state papers twice per year until it reaches the 20-year point; if this shift can be made possible to ensure Irish and UK state papers are published together; if his Department foresees any ramifications if, in time, Irish papers are published ten years later than British papers; the effect this will have on history publications and teachings; and if he will make a statement on the matter. [2878/14]

View answer

Written answers

I propose to take Questions Nos. 387 and 401 together.

I am aware of the move by the British Government from a 30 year rule for the release of State records to a 20 year rule and of the interim measures which it has put in place. This has been a matter of discussion between me and the Chairman of the National Archives Advisory Council, as well as between officials in my Department and the Acting Chair of the National Archives. I intend to bring a memorandum to Government on the matter in the near future, following consultation with relevant Ministers on the implications arising.

Architectural Heritage

Questions (388, 400)

James Bannon

Question:

388. Deputy James Bannon asked the Minister for Arts, Heritage and the Gaeltacht the intervention he has made to save the school attended by Michael Collins at The Pike, Lisavaird, County Cork, which so moulded his early years; and if he will make a statement on the matter. [2448/14]

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Clare Daly

Question:

400. Deputy Clare Daly asked the Minister for Arts, Heritage and the Gaeltacht the steps he will take to protect the old British Legion building in Killester, Dublin 5, which is part of the involvement of Irish people in the First World War. [2736/14]

View answer

Written answers

I propose to take Questions Nos. 388 and 400 together.

Part IV of the Planning and Development Acts 2000, as amended, provides for the protection of architectural heritage and gives local planning authorities primary responsibility to identify and protect architectural heritage by including structures on the Record of Protected Structures. The making of an addition to, or a deletion from, the Record of Protected Structures is a reserved function of the relevant planning authority, in these cases Cork County Council and Dublin City Council respectively.

The National Inventory of Architectural Heritage (NIAH) is a State initiative under the administration of my Department. Its purpose is to identify, record, and evaluate the post-1700 architectural heritage of Ireland, uniformly and consistently as an aid in the protection and conservation of the built heritage. I recommend structures rated as being of regional importance or above to the planning authorities for inclusion on the Record of Protected Structures.

Neither the school at The Pike, Lisavaird, County Cork nor the old British Legion Hall in Killester is recorded on the NIAH or on the Record of Protected Structures for Cork or Dublin respectively. Under the Planning & Development Act 2000, as amended, the local authority is the planning authority and the decision-making body in the first instance in relation to planning applications. An Bord Pleanála is the appeals authority for planning applications. My role in relation to planning applications is limited to that of statutory consultee in cases where a proposed development may have an effect on natural, archaeological or architectural heritage.

My Department has not made any interventions in relation to either building and, in this regard, I would refer the Deputies to Cork County Council and Dublin City Council respectively as the relevant planning authorities.

Architectural Heritage

Questions (389)

Brian Walsh

Question:

389. Deputy Brian Walsh asked the Minister for Arts, Heritage and the Gaeltacht his plans for investment in Pearse's cottage in Rosmuc, County Galway in advance of the 1916 centenary; the way he evaluates the importance of the cottage in the context of commemorative events in the west in 2016; and if he will make a statement on the matter. [2304/14]

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Written answers

As the Deputy is aware, under the Capital Stimulus Package announced in the Budget, funding of €6m was provided for 2014 in respect of the 1916 Commemorations Programme. A number of projects come under the scope of this programme, including Kilmainham Courthouse, the GPO, the Military Archives and Pearse's Cottage in Ros Muc.

With regard to Ros Muc, a steering group comprising the various stakeholders, including Údarás na Gaeltachta, Galway County Council, OPW, Fáilte Ireland and my own Department, has been established to oversee, coordinate and ensure that the project is delivered within the timeframe envisaged. In that context, a number of issues are currently being addressed, including legal title to the site, planning requirements and overall funding for the project. I should say that all the stakeholders have indicated their full support for ensuring that the project is brought to fruition.

I consider it very fitting that this project is being advanced as part of the 1916 Commemorations Programme since the development of Pearse's Cottage will bring together the legacy of Pearse's contribution to Irish history and education and, in particular, his involvement with the Irish language and the Gaeltacht community. I am satisfied that this development will also create excellent opportunities, not only for the community of Ros Muc, but also for the wider region. It will undoubtedly benefit the area in terms of increased tourism, particularly in terms of cultural tourism and the creation of employment in the area. Indeed, I am advised that Pearse's Cottage is afforded special recognition in Fáilte Ireland's Connemara Destination Plan, Wild Atlantic Way and Connemara Driving Tour and is a key component of the strategy to develop the tourism sector in Connemara.

Departmental Reports

Questions (390)

Barry Cowen

Question:

390. Deputy Barry Cowen asked the Minister for Arts, Heritage and the Gaeltacht if he will provide in tabular form the total amount spent since February 2011 on external reports commissioned by his Department, including payments from ministerial allowances, broken down by report; if he will provide the details of any consultants employed; the names of each report and its status as published or ongoing; and if he will make a statement on the matter. [2355/14]

View answer

Written answers

As the Deputy will be aware, my Department, as currently configured, was established on 2 June 2011 and therefore the available information is being provided from that date. I am advised that €80,379 was spent by my Department on external reports from consultants during this timeframe. The details requested in relation to this expenditure are set out in the following table. It may be noted that contracts for the provision of services are not included. There was no relevant expenditure from Ministerial allowances.

Company

Report

Status

Amount paid from 2 June 2011 to date

University of Birmingham

The Review of Archaeological Survey and Mitigation Policy relating to Bord na Móna Peatlands

Completed and published

€34,337

Avia Solutions

Review of financial submissions relating to the Public Service Obligation Air Service for the Aran Islands

Completed, not published

€6,300

Dorgan Associates

Cost Benefit Analysis of the National Gallery Redevelopment Project

Completed, not published

€12,731

Dorgan Associates

To examine the capital incentives to promote investment in studio infrastructure

Ongoing

€3,383

Ann Bonnar, Bonnar Keenlyside

Review of Dublin Contemporary 2011

Ongoing

€10,959

Dorgan Associates

Cost Benefit Analysis of National Archives Warehouse Development

Ongoing

€12,669

Planning Issues

Questions (391)

Brendan Griffin

Question:

391. Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht if a fence (details supplied) in County Kerry is wrongfully erected; and if he will make a statement on the matter. [2401/14]

View answer

Written answers

My Department is aware of the erection of a fence on this site, which is within a Special Area of Conservation and Special Protection Area. It is understood that the fence has been put in place to stop cattle from wandering from the dune system onto the beach and from there onto adjoining roads. Sustainable grazing is vital to the ongoing management and conservation of this site. My officials have been in ongoing contact with the land-owner in this regard and in terms of the long-term management of grazing within this site.

My Department's remit relates to the protection of the site and not to any other legal issues which may arise from the erection of a fence.

Irish Language

Questions (392)

Gerry Adams

Question:

392. Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the fact that Ireland is exempt from an obligation to translate European documents into Irish; the reason this is the case; if he will consider lifting that exemption in order to provide ample employment opportunities to those Irish language translators who are struggling to find work; and if he will make a statement on the matter. [2412/14]

View answer

Written answers

The Deputy will be aware that Irish was recognised as an official and working language of the European Union on 1 January 2007. The original derogation with regard to the use of Irish in EU institutions applied for 5 years from 1 January 2007 to 31 December 2011 (Regulation No. 920/2005). This was extended for another 5 years from 1 January 2012 to 31 December 2016 (Regulation No. 1257/2010). This is a derogation for the EU institutions from the obligation to translate all legal texts into Irish. Under its terms, only those EU laws made under the co-decision procedure must be translated into Irish.

A decision on whether or not to seek an extension of the derogation regarding the use of Irish in EU institutions for a further period of time is required by December 2015 at the latest. My Department is actively engaged in discussions with various stakeholders, including the EU institutions, in order to formulate specific proposals in this regard and it is hoped to bring the matter forward for consideration by Government in the coming months.

As part of the Government's strategy to ensure that a sufficient number of qualified personnel are available to meet the needs arising from the recognition of Irish as an official and working language of the EU, my Department continues to provide substantial funding for a range of specialised third-level courses and for the development of Irish language terminology for the EU terminology database, InterActive Terminology for Europe (IATE).

Proposed Legislation

Questions (393)

Jack Wall

Question:

393. Deputy Jack Wall asked the Minister for Arts, Heritage and the Gaeltacht his views on a submission regarding canal by-laws (details supplied); if his attention has been drawn to the problems raised; if he has had any meetings with Waterways Ireland regarding this issue; his views or proposals regarding the development of the canal; and if he will make a statement on the matter. [2466/14]

View answer

Written answers

The introduction of these proposed new Bye-Laws is intended to enhance Waterways Ireland's ability to manage, care and maintain the canals. This will support the investment already made by Waterways Ireland in new infrastructure and facilities along the canals and will help to develop them as a vibrant recreational and tourist amenity for all waterway users.

I am informed that Waterways Ireland commenced a public consultation process in this jurisdiction on the Draft Canals Act, 1986 (Amendment) Bye-Laws, 2014 on 6th January 2014 which is currently open to the public for a period of 21 working days in accordance with section 7(1) of the Canals Act, 1986 (No. 3 of 1986) as amended by section 56 of the Maritime Safety Act, 2005 (No. 11 of 2005). This public consultation process closes at 3pm on the 3rd February and is being undertaken with my prior consent.

I am advised by Waterways Ireland that the main stakeholders have been contacted individually and invited to meet with the Chief Executive and the Senior Management team of Waterways Ireland prior to submitting their consultation responses. At this meeting, these groups will be given the opportunity to express their views, opinions and any concerns they may have about the proposed amendments to the Bye-Laws. All current Permit Holders on the Grand Canal have received individual written notice and have been given the opportunity to respond within the consultation timeframe on an individual basis.

Following completion of the consultation process, Waterways Ireland will then consider all responses.

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