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Thursday, 30 Jan 2014

Written Answers Nos. 145-151

Seniors Alert Scheme

Questions (145)

Michael Healy-Rae

Question:

145. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if a scheme will be put in place where persons would get grant aid to replace the monitoring alarm systems damaged during the recent storms; and if he will make a statement on the matter. [4749/14]

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Written answers

The Seniors Alert Scheme aims to encourage community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind. The Scheme is administered by local community and voluntary groups with the support of my Department.

The Scheme does not normally provide for replacement alarm systems; however, funding has been provided for some replacements to beneficiaries this winter, where the systems have been destroyed by lightning. The allocation for the Seniors Alert Scheme for 2014 is €2.35million which is sufficient to meet current demand levels for this important scheme, including replacement of alarms in exceptional circumstances.

Foreshore Issues

Questions (146)

Michael Healy-Rae

Question:

146. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if a strand beside a property is in the ownership of a person (details supplied) in County Kerry or is it in the ownership of the State. [4750/14]

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Written answers

The Foreshore Act 1933 defines foreshore as “the bed and shore, below the line of high water of ordinary or medium tides, of the sea and of every tidal river and tidal estuary and of every channel, creek and bay of the sea or of any such river or estuary.” The outer limit of the foreshore is determined in accordance with section 1A of the Foreshore Act 1933.

Foreshore is considered to be in the ownership of the State unless evidence is provided to the contrary. If an area of foreshore is in private ownership it will be reflected on the title documents pertaining to the area in question. 

Irish Water Administration

Questions (147)

Denis Naughten

Question:

147. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if, on foot of commitments during the passage of the Water Services Act 2013, Irish Water will stop charging commercial users of water where there is presently an extended boil water notice in place; and if he will make a statement on the matter. [4769/14]

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Written answers

With effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services.

The Act also provides that the Commission for Energy Regulation (CER) will be responsible for the independent economic regulation of Irish Water.  The CER will be responsible for protecting the interests of customers and the charges levied by Irish Water will be subject to the approval of their water charges plan by the CER. Local Authorities have been instructed to continue with all of their current charging regimes on behalf of Irish Water, pending the consideration by the Commission for Energy Regulation of a proposed water charges plan developed by Irish Water.

The Water Services (No.2) Act 2013 requires that Irish Water to prepare codes of practice, on a range of matters, including standards in relation to the performance by Irish Water of its functions and billing by Irish Water of persons in respect of water services provided. Irish Water will also be required to prepare a code of practice on any matter considered necessary by the CER. I expect that the CER will consider issues where restrictions are in place on water supplies, including boil water notices, in fulfilling its functions.

Irish Water Staff

Questions (148)

Brendan Griffin

Question:

148. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the staffing plans for Irish Water; if he is satisfied that Irish Water will not be overstaffed and will operate efficiently; if he will provide a county breakdown of staffing details where former local authority staff have been or are planned to be employed by Irish Water, if he will give the overall staffing cost for water services departments nationwide in 2013; the overall staffing cost of the provision of water, post the establishment of Irish Water; if any agreements were made with unions in relation to the staffing of Irish Water; and if he will make a statement on the matter. [4776/14]

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Written answers

Irish Water is being established to accelerate capital investment in water services and improve the efficiency and effectiveness of water services delivery. The organisation needs to be appropriately resourced to fulfil this task and will not be over-staffed. Irish Water is currently recruiting to build up the required internal capabilities and the number of staff employed is an operational matter for the organisation. It was agreed by the Steering Group for the Water Sector Reform programme that, to ensure skills within the sector were fully availed of in building up the new organisation, competitions for positions in asset management, capital delivery and operations would be restricted to staff in the partner organisations i.e. Bord Gáis Éireann, local authorities and my Department in the first instance. Open competitions are held for all other positions and details of these are available on Irish Water’s website.

Data supplied by Irish Water indicate that at present 310 staff appointments have been made in Irish Water. In total 107 staff from the local authority sector have been employed and are based in the following area offices: 

Region

Office

No.

HQ Dublin

HQ

47

East & Midlands

Foley St.

12

 -

Mullingar

7

South

Limerick

7

 -

Kilkenny

3

 -

Mallow

10

North & West

Cavan

4

 -

Castlebar

13

 -

Donegal

4

My Department is currently finalising the Budget for operational costs for 2014 with Irish Water which will determine the overall staffing costs. The final number of staff employed directly by Irish Water will be determined having regard to the agreed funding model and the regulation process which takes full account of comparators with other similar utilities.

Irish Water has entered into service level agreements (SLA) with each of the 34 authorities for the provision of water services. Staff in local authorities conducting work under these arrangements will remain local authority employees. The SLA reflects the transformation agenda required for the sector, with provision for annual service plans which will set out required performance, budgets and headcount. The length of the service level agreement and the fact that the agreement will include a programme of change are reflected in a Framework document, agreed with the Trade Unions under the auspices of the Labour Relations Commission, and which is available on my Department’s website. This agreement, and the Water Services No.2 Act, 2013 provides that, in the event of a SLA coming to an end, the staff covered by that agreement will become Irish Water employees and their terms and conditions and superannuation arrangements will be protected by legislation.

My Department does not have details of the local authority staff costs in Water Services in 2013. However the headcount provided for Water Services under the SLAs for 2014 is 4319.6 full time equivalents subject to alignment with the budgets notified by Irish Water to each local authority. A table detailing this headcount by authority is set out below. This headcount will be reviewed each year as part of the preparation and approval of the following year's Annual Service Plan.

Local Authority

Total FTE

Carlow

57.6

Clare

144.7

Cork City

101.2

Cork County

392.0

Kerry

229.4

Kilkenny

82.7

Limerick City

33.0

Limerick County

124.5

North Tipperary

88.5

South Tipperary

101.7

Waterford City

42.9

Waterford County

76.5

Wexford

85.0

Total Southern

1,559.7

Cavan

58.3

Donegal

198.3

Galway City

58.0

Galway County

154.8

Leitrim

44.4

Mayo

191.4

Monaghan

56.2

Roscommon

93.3

Sligo

62.8

Total North West

917.5

Dublin City

674.00

Dun Laoghaire Rathdown

99.25

Fingal

238.47

Kildare

180.31

Laois

83.11

Longford

53.05

Louth

68.15

Meath

117.85

Offaly

53.30

South Dublin

129.30

Westmeath

58.68

Wicklow

86.93

Total East Midlands

1,842.40

OVERALL TOTAL

4,319.6

While this number will reduce over time, the actual headcount requirement is intrinsically linked to the levels of investment within the sector in automation, rationalisation and infrastructure and operational upgrades. The establishment of Irish Water will lead to improved efficiency and effectiveness of water services delivery, with consequent reductions in staffing over time.

Courts Service

Questions (149)

Brendan Griffin

Question:

149. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will reform the court poor box system to ensure that a significant amount of contributions made in a county will remain there; and if he will make a statement on the matter. [4569/14]

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Written answers

I intend to seek Government approval very soon for the General Scheme of a Bill to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system. The replacement of the Court Poor Box with a transparent statutory Reparation Fund, which has been recommended by the Law Reform Commission, will be considered in that context. The details of the proposed Bill will be announced in due course following Government approval.

Legal Aid Service Expenditure

Questions (150)

Clare Daly

Question:

150. Deputy Clare Daly asked the Minister for Justice and Equality the fee rate for each fee type for senior counsel, junior counsel and solicitors for each year, or part of a year, from 1987 to 2013 for all fee types and for District Court, Circuit Court, Central Criminal Court and Special Criminal Court, for murder, rape and standard cases under the criminal legal aid system. [4576/14]

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Written answers

I wish to advise the Deputy that the collation of the information, as requested, for the time period since 1987 would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. I should be in a position to provide the requested information for the period from 1 July 2004 to date.

However, it has not been possible to collate this information in the time available for reply and I will write to the Deputy as soon as it is available.

Regarding the request for information in respect of the Special Criminal Court, I wish to advise the Deputy that there are a small number of cases that are not suitable for hearing before normal jury courts. The Special Criminal Court deals with these cases and fees are set by the Office of the Director of Public Prosecutions on a case by case basis.

Magdalen Laundries

Questions (151)

Maureen O'Sullivan

Question:

151. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in respect of the ex gratia scheme for women who were admitted to and worked in Magdalen Laundries, if he can clarify the section access to medical services which states that the women will be granted access to a range of public health services within the State once the necessary legislation is in place; if his attention has been drawn to the possible issues facing women who live in jurisdictions outside the Irish State who have signed the acceptance forms; if these persons will still be entitled to health care services in their own jurisdictions; if he will provide an update on the issue of access to health services for Magdalen women living abroad; and if he will make a statement on the matter. [4585/14]

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Written answers

As the Deputy is aware, based on the recommendations made by Judge Quirke, the Government established an ex gratia scheme for the benefit of those women who were admitted to and worked in the Magdalen Laundries, St Mary's Training Centre, Stanhope St. and House of Mercy Training School, Summerhill, Wexford.

As per the terms of the ex gratia scheme, applicants who are determined to be eligible under the scheme and who have accepted the offer made to them and signed the Acceptance Form and Statutory Declaration will be granted access to a range of public health services once the necessary legislation is in place.

The Deputy will also be aware that the Government agreed that I would bring forward in one Bill, in consultation with and on behalf of the relevant Departments, any necessary legislative measures to implement the scheme.

You will appreciate that the provision of medical services will be done through the Department of Health and the details of exactly what services will be provided and how, have to be determined by them. In that context my officials are working with officials in the Department of Health on finalising the drafting of the necessary legislative provisions as quickly as possible. The provisions will be then brought to Government and published.

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