Written Answers Nos. 522-546
522. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will outline the new rules regarding certification required for persons building new houses; when these will be operative; his views on whether this will add to the cost of the construction of houses; and if he will make a statement on the matter. [8218/14]
View answerThe new Building Control Amendment Regulations will greatly strengthen the arrangements currently in place for the control of building activity by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. The statutory certificates must be given by the lead designer, who must be a registered construction professional prior to commencement and by the Assigned Certifier, also a registered construction professional, whose role is to prepare and implement an inspection plan during construction, so that the Assigned Certifier is in a position, in conjunction with the builder, to sign the certificate of compliance on completion.
An extensive public consultation process was undertaken in 2012 to inform the development of the revised building control regulations which will come into effect on 1 March 2014. Comprehensive consultation documents were published including Strengthening the Building Control System - A Document to inform public consultation on Draft Building Control (Amendment) Regulations 2012 which sets out the context in which the reforms will operate and the regulatory impact of these for building owners and industry stakeholders. This document remains available on my Department’s website.
In summary terms, the arrangements being put in place for the control of building activity may result in additional design, certification and, possibly, insurance costs which must ultimately be borne by the building owner. Such additional costs would be justified by the enhanced quality and standard of design and construction of the building project concerned in light of several notable instances of non-compliant buildings which failed to meet minimum building standards. It is anticipated that the statutory inspection process will reduce the incidences of defective works on site and the resultant associated costs of carrying out remedial works will reduce accordingly.
523. Deputy John Halligan asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the Building Control (Amendment) Regulations 2013, SI No. 80 of 2013, which are due to come into force on 1 March 2014, will expressly prohibit Chartered Institute of Architectural Technologists, CIAT, members from providing architectural services here; if he will acknowledge that members of this group have the necessary experience, knowledge and skills and should be, therefore, eligible to register with the Society of Chartered Surveyors of Ireland as an interim measure until CIAT members are granted a register in their own right; if he will acknowledge that failure to grant them eligibility will ultimately result in many unnecessary business closures and redundancies across the industry; in view of the fact that he has the authority to extend the regulations to include a register for chartered architectural technologists if he will commit to reviewing the parameters of the register with a view to admitting members of CIAT to it; and if he will make a statement on the matter. [8226/14]
View answer529. Deputy Ciara Conway asked the Minister for the Environment, Community and Local Government if he will consider amending SI. No. 80 of 2013 - Building Control (Amendment) Regulations 2013 - to include architectural technologists in the schedule of those eligible to certify under this legislation; and if he will make a statement on the matter. [8281/14]
View answer530. Deputy Ciara Conway asked the Minister for the Environment, Community and Local Government if he will examine a submission (details supplied); if he will detail the consultations he has had with this body; if he will respond to the substance of these complaints; and if he will make a statement on the matter. [8282/14]
View answerI propose to take Questions Nos. 523, 529 and 530 together.
New Building Control (Amendment) Regulations will, from 1 March 2014, strengthen the arrangements in place for the control of building activity, by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certificates of design and construction, lodgement of compliance documentation, mandatory inspection during construction and validation and registration of statutory certificates. The statutory certificates of compliance must be signed by a registered professional i.e. a person who is included on the statutory registers of architects or building surveyors maintained in accordance with parts 3 and 5 respectively of the Building Control Act 2007 or on the register of chartered engineers established under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.
Architects, Building Surveyors and Chartered Engineers are the construction professions typically involved in the design of construction works in Ireland and reference to these professions in regulation is entirely appropriate. Depending on their personal circumstances it may be open to persons who are members of the Chartered Institute of Architectural Technologists (CIAT), and who possess the requisite experience and competence in the design of buildings, to seek inclusion on either of the statutory registers referred to which would enable a person to sign statutory certificates of compliance as provided for under the new regulations when they come into effect on and from 1 March 2014. There is no question of persons who are not included on the statutory registers being permitted to sign certificates of compliance.
My Department has had detailed engagement with CIAT subsequent to the public consultation on the proposed Building Control Amendment Regulations (which led to S.I. No 9 of 2014). In this regard, my Department has outlined a number of options in keeping with the Building Control Act 2007 which could be pursued by CIAT with a view to progressing the registration of its Chartered Architectural Technologist members. In May 2013 CIAT presented a case for recognition of Chartered Architectural Technologists as a route to inclusion on the register of persons entitled to use the title of Building Surveyor in accordance with Part 5 of the Building Control Act 2007, based on benchmarking the competence of Chartered Architectural Technologists against existing routes to registration as a Building Surveyor. In June 2013 CIAT presented a similar case in respect of inclusion on the register of persons entitled to use the title of Architect in accordance with Part 3 of the Building Control Act 2007. The Society of Chartered Surveyors of Ireland (SCSI) and the RIAI, as the registration bodies for the relevant professions under the Act of 2007, and as the competent authorities in Ireland for the purposes of the EU Directive on the recognition of Professional Qualifications, are currently considering the cases put forward by CIAT. Neither I nor my Department have any role in the assessment or validation of professional qualifications in this manner and cannot pre-empt the outcome in either case. However, should the SCSI or the RIAI as appropriate determine that the competence of the Chartered Architectural Technologists is equivalent to the requirements for inclusion on either register, it would fall to me as Minister to bring forward relevant suitable amendments to the Building Control Act 2007.
524. Deputy Martin Ferris asked the Minister for the Environment, Community and Local Government when the guidelines that deal with preplanning meetings under the Development Management Guidelines for Planning Authorities, published in June 2007, pursuant to section 28 of the Planning and Development Act 2000, became effective. [8230/14]
View answerThe Development Management Guidelines for Planning Authorities were published on 8 June 2007.
525. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will consider introducing arrangements whereby bin charges imposed by local authorities and the water rates to be introduced could be included in the existing local property tax at its current level of contribution - and which is to be distributed to local authorities for local services - thereby avoiding the necessity of three separate charges in respect of the bin tax, water rates and property tax being paid by persons at local level; and if he will make a statement on the matter. [8231/14]
View answerThe local government funding model has changed considerably in 2014 and, in particular, the establishment of Irish Water and its financial relationship with the local government sector has a considerable impact on the arrangements for local authority financing. The funding to be provided to local authorities for the provision of water services in 2014 is governed by Service Level Agreements between Irish Water and individual authorities. The Water Services (No. 2) Act 2013 provides Irish Water with responsibility for charging customers for the provision by it of water services.
The Water Services (No. 2) Act 2013 also assigns responsibility for the economic regulation of the water sector, including the setting of charges, to the Commission for Energy Regulation. It is envisaged that the Commission will engage in public consultation as part of this process. A key role for the regulator will be to protect the interests of all customers and to drive efficiencies in the water services sector. The vast majority of household waste is collected by private waste collectors. In the very few areas where local authorities still collect waste, they do so in a market open to competition from private operators. As waste charges represent a fee for a service provided, primarily by the private sector, their inclusion with the Local Property Tax does not arise.
526. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of last year's disbursements of dormant account funds allocated to beneficiary projects; his plans in relation to dormant accounts for 2014; his plans to release the funds; if the beneficiary projects have been selected for 2014; and if he will make a statement on the matter. [8253/14]
View answerDuring 2013, my Department, as well as the Department of Children and Youth Affairs, the Irish Prison Service and the Department of Education and Skills provided funding for disbursement to beneficiary projects under the Dormant Accounts Fund. The breakdown of disbursements to the projects by Pobal on behalf of my Department during the year is listed in the following table.
The Government recently approved a new Dormant Accounts Disbursement Scheme in accordance with the Dormant Accounts (Amendment) Act 2012. The 2012 Act also provides for the preparation of an action plan, to give effect to the disbursement scheme. Organisations will be able to apply for funding once the action plan is approved, which is expected to be later this year, following a consultation process with relevant Government Departments. I have allocated €5.456 million for Dormant Accounts Measures under my Department in 2014, which includes €2 million to be used to support labour force activation measures in local authorities and the implementation of a modest action plan. Further data in relation to the Dormant Accounts Fund are available on my Department’s website at www.environ.ie.
Beneficiary Payments by Pobal in respect of Dormant Accounts Measures on behalf of the Department of the Environment, Community and Local Government 2013
|
Beneficiary |
€ - Amount |
|
St Michaels FRC Women's CDP |
9,000.00 |
|
Mitchell’s Integrated Services Centre Co. Ltd |
1,230,386.00 |
|
Killinarden Community Council |
12,575.45 |
|
Olympic Boxing and Social Club |
200.00 |
|
Ballinfoyle Mor RAPID Committee |
1,000.00 |
|
Galway Volunteer Centre |
200.00 |
|
Suir Community Development Project |
100.00 |
|
Dublin Docklands Boxing Club |
612.05 |
|
Community Enhancement (Jobstown) Limited |
200.12 |
|
We The People Community Development Project & Springboard HSE Family Support Project |
200.00 |
|
Longford Acorn Community Development Project |
746.10 |
|
Dolphin House Community Development Association |
7,500.00 |
|
Blanchardstown Youth Service - Foroige |
319.85 |
|
South West Wexford School Completion Programme |
150.00 |
|
Our Lady Queen of Peace Community Pre School Ltd |
600.00 |
|
Bunratty Community Childcare Centre Limited |
20,000.00 |
|
County Galway Local Sports Partnership |
500.00 |
|
Archbishop Ryan Junior National School |
2,065.00 |
|
Longford Social Services Limited |
70,200.00 |
|
Society of St. Vincent de Paul |
6,800.00 |
|
St Joseph's/O'Connell Boys GAA Club |
994.80 |
|
St Brigid's Family and Community Centre |
24,912.77 |
|
Gaelscoil Bhaile Munna |
318.54 |
|
St. Joseph's Senior National School |
121.94 |
|
Active Living for Older Adults in Ballymun |
330.00 |
|
County Galway Local Sports Partnership |
789.28 |
|
Poppintree Early Education Centre Limited |
1,890.75 |
|
Olympic Boxing and Social Club |
60.000 |
|
Ballybane Mervue Community Development Project |
1,500.00 |
|
Galway Volunteer Centre |
500.00 |
|
South & East Cork Area Development Partnership Limited. (SECAD) |
3,692.20 |
|
The Macushla Dance Club |
517.00 |
|
Cork City Partnership (on behalf of Gurranabraher Churchfield Community Development Project Hosted Project Through Cork City Partnership) |
4,147.27 |
|
North West City School Completion Programme on behalf of Primary Schools in the project area |
779.00 |
|
Glen CDP |
569.39 |
|
Cork City Partnership (on behalf of Gurranabraher Churchfield Community Development Project Hosted Project Through Cork City Partnership) |
4,000.00 |
|
Cork City Partnership Ltd |
568.64 |
|
Foroige (CABLE Project) |
220.04 |
|
Louth Youth Federation Ltd. |
110.82 |
|
St. Oliver Plunketts/Eoghan Ruadh GAA Club |
878.00 |
|
National League of Blind of Ireland Trust |
200.00 |
|
Ladies Gaelic Football Association |
3,817.45 |
|
Limerick Youth Service (King's Island Area Team) |
2,250.00 |
|
Irish Hockey Association |
380.00 |
|
South West Wexford School Completion Programme |
400.00 |
|
Follow Your Dream Project, St. Munchin's Family Resource Centre |
584.42 |
|
County Galway Local Sports Partnership |
1,137.00 |
|
St Josephs Garbally College |
1,120.00 |
|
Three Rivers Storytelling Festival |
254.30 |
|
Collinstown Park School Completion Programme |
400.00 |
|
CPLN Area Partnership |
2,000.00 |
|
South Tipperary Development Company |
4,102.00 |
|
Waterford Institute of Technology |
2,567.00 |
|
Active Living for Older Adults in Ballymun |
140.00 |
|
Three Drives Family Resource Centre |
976.35 |
|
County Galway Local Sports Partnership |
5,650.00 |
|
Louth Leader Partnership |
69.10 |
|
Athy Community Council |
990.56 |
|
Blakestown Mountview School Completion Programme |
1,627.82 |
|
Listowel Family Resource Centre |
1,059.88 |
|
Kildare West/Wicklow Community Addiction Team |
3,496.51 |
|
Co-operation Fingal - Swords Family Support Group |
8,400.00 |
|
Cobh Community Drugs Project |
697.19 |
|
Tipperary Regional Youth Service |
10,000.00 |
|
Southill Family Resource Centre |
146.40 |
|
North East Family Support Network |
6,036.70 |
|
Kilkenny Family Support Group |
220.39 |
|
Ballyfermot Star |
4,170.00 |
|
Canal Communities LDTF Ltd |
926.66 |
|
Dublin North East Family Support Network |
4,725.00 |
|
Dun Laoghaire Rathdown Community Addiction Team |
2,485.24 |
|
Churchfield Community Trust |
700.00 |
|
Cork City Partnership Ltd. |
1,020.00 |
|
Ballyphehane Action for Youth |
818.34 |
|
Ballincollig Youth Initiative |
644.61 |
|
Ballymun Youth Action Project |
1,000.00 |
|
Coolmine Therapeutic Community |
1,000.00 |
|
Edenderry Addressing Substance Abuse |
4,342.12 |
|
S.D.C.C. Limited |
672.50 |
|
Scoil Íosa Primary School |
936.50 |
|
Scoil Phádraig |
452.5 |
|
Ballina Family Resource Centre Limited |
233.00 |
|
Dungarvan Town Council |
2,900.00 |
|
Limerick Youth Service |
685.19 |
|
Rathkeale Boxing Club |
800.00 |
|
Rathkeale Community Childcare Limited |
1,000.00 |
|
Scouting Ireland |
800.00 |
|
St Mary’s Sean Finns GAA Club |
1,500.00 |
|
TOTAL |
1,493,770 |
527. Deputy Tony McLoughlin asked the Minister for the Environment, Community and Local Government the reason a person (details supplied) in County Sligo has been waiting over seven months for a reply to an application to his Department's foreshore unit for a seaweed harvesting licence; and if he will make a statement on the matter. [8261/14]
View answerForeshore consent applications are processed strictly in accordance with a prioritisation framework focusing on major infrastructural projects e.g. wastewater treatment plants and offshore energy applications. The application in question falls within the lowest priority level. The application did not contain sufficient information to enable my Department’s advisers to carry out a complete assessment and make a recommendation with regard to the environmental sustainability of the proposed seaweed harvesting. A request for further information issued to the applicant on 27 January 2014.
528. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if he will defer the new Building Control (Amendment) Regulations 2014, SI No. 9 of 2014, to allow further examination in line with those requests from the Royal Institute of Architects of Ireland, RIAI, and to provide for third party inspection. [8265/14]
View answerThe new Building Control Amendment Regulations will greatly strengthen the arrangements currently in place for the control of building activity by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. The new regulations are necessary following the widespread instances of failure by owners, designers and builders to comply with their statutory obligations under the Building Control Act 1990 to design and construct buildings in accordance with the building regulations. Arrangements for a smooth transition to the new regulatory environment on 1 March 2014 are well in hand and my Department will continue to work with all parties to ensure they understand their obligations and the steps necessary to meet them.
As regards the issue of third party certification, it is not clear what useful purpose would be served by imposing a requirement for independent verification of design or construction by a third party as suggested. The merits of a designer overseeing the implementation of their design cannot be overlooked. Neither is there any intention to constrain the capacity of all-in service delivery models in key sectors of the industry. Enforcement powers under the Building Control Acts 1990 to 2007 continue to be vested in the local building control authorities and it is here that independence is called for and in place. The RIAI are supportive of the new Regulations.
531. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government if he will outline the process for establishing the water charges fee to apply from 2015; the role of Government, Dáil Éireann, Irish Water and the Commission for Energy Regulation in establishing this charge; the timeline for same; if it is the case that there will be opportunity to consider exemptions, waivers or reduced charges, including for those who have consistent problems with water hardness, quality and supply, and the process for same; and if he will make a statement on the matter. [8314/14]
View answerThe Programme for Government includes a commitment to introduce water charges based on usage above a free allowance. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Water Services Act (No. 2) 2013 provides for the transfer of water services functions from the local authorities to Irish Water. The Act also provides that the Commission for Energy Regulation (CER) will be responsible for the independent economic regulation of Irish Water. The CER has been given statutory responsibility for protecting the interests of customers.
The approach to charging will be outlined by Irish Water in a water charges plan to be submitted by it to the CER in line with the provisions of the Water Services (No.2) Act, 2013. The CER will be responsible for approving the water charges plan. The CER will carry out a public consultation on the approach to the design of domestic water tariffs in the coming months. Domestic water charges will commence with effect from 1 October 2014 and Irish Water will issue the first bills to domestic customers from January 2015.
An inter-departmental working group has been established to advise the Government on the appropriate method for addressing affordability issues which may arise with the introduction of domestic water charges. The group is examining the issues arising for those with specific medical conditions, which require high water usage, in the course of its work. The group comprises my Department and the Departments of the Taoiseach, Social Protection, Public Expenditure and Reform and Finance. A final report will be submitted for consideration by Government when the group has completed its examination of the issues involved, and the Government will decide on the proposed approaches to be taken in relation to affordability, medical needs and the free allowance.
Under the European Communities (Drinking Water) (No. 2) Regulations, 2007, a copy of which is available in the Oireachtas library, suppliers of drinking water are required to ensure that the water supplied is wholesome and clean. Water which is wholesome and clean is defined as water which is free from any micro-organisms and parasites and from any substances which in numbers or concentrations constitute a potential danger to human health, and which meets the quality standards specified in the Schedule to the Regulations. The Environmental Protection Agency is the supervisory authority with responsibility for monitoring Irish Water’s compliance with these regulations.
The Water Services (No.2) Act 2013 also requires that Irish Water will 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 compliance with statutory standards by Irish Water in fulfilling its functions.
532. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding solar panels (details supplied). [8329/14]
View answerPlanning legislation does not place restrictions on the height of trees nor does it make any particular provision for recognition of a right to light. It is a matter for the individual concerned to continue to engage with Fingal County Council in order to reach a resolution on this issue.
533. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government the options available for a community (details supplied) in County Meath to improve the quality and supply of their water; if he will agree to meet with representatives of a local campaign group; and if he will make a statement on the matter. [8352/14]
View answerI have no responsibility for, or role in relation to, the management, operation or maintenance of water services infrastructure. My Department has asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water will be in contact with Oireachtas members during the course of this week to outline the arrangements for addressing such queries in a timely manner.
534. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government if a person (details supplied) can pay their outstanding motor tax over a long period in view of the particular circumstances of the case. [8360/14]
View answerMotor tax legislation provides that, when taking out a tax disc, a vehicle owner is liable for arrears in respect of each month from the date of last taxing or from the date of purchase of the vehicle. There is no provision whereby motorists can come to individual payment arrangements with a licensing authority. Any such change to the basis of payment for motor tax would be required to be underpinned by primary legislation and be made equally available to all motorists. It would also be administratively cumbersome and potentially have a negative impact on the flow of income to the Local Government Fund and consequently on allocations to local authorities from the Fund. I have no plans currently to introduce such a change.
535. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he will provide a table showing the amount each local authority has requested in emergency funding as a result of recent flooding; and the amount each local authority estimates the damage caused. [8368/14]
View answerFollowing consideration of a report from me on the severe weather that affected Ireland in the period from mid-December 2013 to early January 2014, the Government decided on 11 February that a sum of up to €70 million will be made available for a programme of repair and remediation works. This will enable local authorities in the areas worst affected by severe weather to help affected communities by restoring roads, coastal protection and other infrastructure and amenities. The Government decision was based on estimated costs supplied by local authorities. The arrangements for drawing down the funds by local authorities will be finalised following discussions between local authorities, my Department and the Department of Public Expenditure and Reform, with the intention that it will be done as speedily as possible to enable local authorities to continue to help affected communities. This funding is in addition to the €25 million which Government has already announced for the Department of Social Protection’s Humanitarian Assistance schemes and €1 million of this will now be channelled through the Society of St Vincent de Paul and the Irish Red Cross to assist families affected by the storms and flooding. The full report on the storms as submitted to Government, containing details of estimates of the cost of damage caused on a county by county basis, will be published on my Department’s website (www.environ.ie) this week and I will make arrangements to supply the Deputy with a copy.
536. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will clarify if all branches of the Civil Service within his Department are applying Department policy that staff progress on incremental salary scales on the basis of a single point per annum; and if he will make a statement on the matter. [8682/14]
View answerProgression on incremental salary scales in my Department is managed in accordance with Department of Public Expenditure and Reform Circulars on the matter. The majority of increments are awarded on the basis of a single point per annum, subject to relevant performance criteria being met. Over the course of the Haddington Road Agreement (HRA), incremental progression has been further adjusted, extending the period for qualifying increments by a further 3, 6 or 12 months, depending on salary levels, and suspension of increments for 3 years for those on salary scales starting over €100,000. Full details of increments and related balancing measures are set out in Paragraphs 2.16 to 2.23 of the HRA.
Two exceptions to the standard single point per annum incremental progression arise for Meteorologists and Statisticians in my Department. In these cases, after an officer has completed three years’ service in the grade, the Head of the Division must review the officer’s record of service and capability to discharge the highest duties of the grade of Meteorologist or Statistician. As soon as the Head of the Division certifies, as a result of such review, that the officer’s efficiency and record of service are such as to warrant extra recognition, the officer will receive advancement on the scale of three additional increments, i.e., by four increments in all. In the case of Meteorologists the officer will be required to complete a language proficiency test in two of the following languages, French, German and Russian to enable the officer to read with ease technical publications in the corresponding languages. There are currently 2 Statisticians and 35 Meteorologists serving in my Department to whom these particular provisions may apply.
537. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government as far as he is aware if any official bodies under the aegis of his Department subscribes to the daily inflation data for Ireland collected by a company (details supplied); if so, the cost of this service; if the data will be made available to the public; and if he will make a statement on the matter. [8696/14]
View answerThe information requested is not available in my Department.
538. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide an update of his communication with the Stardust Victims and Relatives Committee; his views regarding the new evidence which has been placed in the public domain; and if he will make a statement on the matter. [8174/14]
View answerAs I have previously indicated, nothing I have seen in the extensive correspondence from the Stardust Victims Committee to date, including the considerable volume of correspondence circulated recently, would be grounds for my taking a different view to the conclusions set out in the Independent Examination by Mr. Paul Coffey. That is, in the absence of any identified evidence, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest. It had been indicated in reported statements that the Committee intended to present a submission concerning the cause of the fire on the occasion of the recent anniversary. Whether in that context, or at any other point, I will of course arrange for the examination as appropriate of any such submission, and for a response to issue to the Committee in due course. In saying this I should caution against raising unrealistic expectations about what can be achieved or appearing to suggest that the outcome of the Coffey examination can be set aside, simply on the basis that his conclusions are not accepted by some.
539. Deputy Niall Collins asked the Minister for Justice and Equality the steps he has taken in view of reports that the Garda Síochána Ombudsman Commission, GSOC, was spied on; the nature of the espionage; if GSOC investigations were compromised; and if he will make a statement on the matter. [7499/14]
View answer540. Deputy Niall Collins asked the Minister for Justice and Equality if current Garda Ombudsman Commission investigations are being reviewed in view of espionage allegations; and if he will make a statement on the matter. [7500/14]
View answer541. Deputy Niall Collins asked the Minister for Justice and Equality if he has discussed the issue of illegal surveillance being conducted on the Garda Ombudsman with the Garda Commissioner; and if he will make a statement on the matter. [7501/14]
View answer547. Deputy Clare Daly asked the Minister for Justice and Equality in view of the seriousness of the surveillance on GSOC, when he was made aware of this; and if he will provide assurances that this surveillance not was carried out on behalf of members of the Garda who were being investigated by GSOC. [7508/14]
View answerI propose to take Questions Nos. 539 to 541, inclusive, and 547 together.
I briefed Cabinet today on developments that have occurred in relation to concerns that GSOC may have been subject to surveillance, following on from the Committee on Public Service Oversight and Petitions hearing last Wednesday. I have also briefed the Cabinet in relation to further information and documentation received from GSOC and further technical information I have received regarding the alleged surveillance of GSOC. In light of the above, it was agreed at Cabinet today to appoint a retired High Court Judge to enquire into all matters of relevance. I will be appearing tomorrow before the Joint Oireachtas Petitions Committee and will answer any questions that arise in relation to GSOC following on from the meeting it held Wednesday last.
542. Deputy Niall Collins asked the Minister for Justice and Equality the steps he took in view of Garda Síochána Ombudsman Commission concerns over Garda handling of a case (details supplied); and if he will make a statement on the matter. [7502/14]
View answerAs the Deputy is aware, in May 2013, the Garda Síochána Ombudsman Commission (GSOC) made a Report to me under Section 80(5) of the Garda Síochána Act 2005 following its investigation into allegations of collusion between an individual and members of the Garda Síochána. Both the Commissioner and myself have been careful not to refer publically to any individual relating to that report. It is also important to note that, having received the papers submitted by GSOC, the Director of Public Prosecutions directed no charges against members of An Garda Síochána or anyone else. The Report by GSOC contains a series of recommendations related to informant handling procedures within An Garda Síochána, oversight of those procedures, as well as intelligence handling and information exchange between GSOC and An Garda Síochána.
At the time I sought the observations of the Garda Commissioner on the Report and its recommendations. The Garda Commissioner has pointed out the many changes which has been made to its handling of these matters in recent years including the putting in place of a code of practice for the management of Covert Human Intelligence Sources. As such, many of the recommendations made by GSOC were already incorporated into Garda procedures, including improved training for Gardaí, the development of an electronic system for maintaining records, placing emphasis on the necessity for Gardaí to comply with professional standards, strict procedures for handling and disseminating intelligence as well as coordination between specialist units and robust internal auditing. The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateur.
Although it is not referred to in the GSOC Report, I should emphasise that there has been, since 2010, an independent, external oversight mechanism in place to ensure compliance with the code of practice of An Garda Síochána for the management and use of Covert Human Intelligence Sources. The current holder of this appointment is Mr Justice Thomas Smyth, former judge of the High Court. In addition to monitoring compliance with the code of practice, Mr. Justice Smyth’s remit requires him to communicate any matters which he considers appropriate, including recommendations, to the Commissioner of An Garda Síochána and to report to the Minister for Justice and Equality annually on the discharge of his functions.
In the wider context I have previously advised this House that following receipt of the GSOC Report I convened a meeting with the Garda Commissioner and the Chairperson of the Garda Síochána Ombudsman Commission on 23 July last to discuss the need for enhanced cooperation between the organisations to ensure the effective and efficient investigation of allegations of Garda misconduct. Both the Commissioner and the Chairperson agreed on the need for the highest possible level of cooperation between the two organisations. In that regard the Garda Commissioner has established a dedicated office within An Garda Síochána to process and monitor requests from GSOC and ensure all correspondence with GSOC is attended to in a timely manner. In addition, revised protocols were agreed and signed by the Chairperson of the Garda Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information, including sensitive information and access to PULSE, and more generally for enhanced cooperation. These protocols will be subject to further amendments in lights of the recent agreement that the Ombudsman Commission will have direct access to the PULSE system for the penalty points investigation and any other investigation in which they are engaged. Finally, I should mention that a committee has also been established, chaired by a senior official of my Department, with senior representatives from the Ombudsman Commission and the Garda Síochána, to act as a forum where any future emerging issues concerning the protocols can be identified and appropriately addressed.
543. Deputy Niall Collins asked the Minister for Justice and Equality the number of gardaí who have sought advice on insolvency arrangements; the number of gardaí who have availed of the personal insolvency arrangements since 2010; if gardaí are allowed to avail of the personal insolvency regime here; and if he will make a statement on the matter. [7503/14]
View answer544. Deputy Niall Collins asked the Minister for Justice and Equality the procedures or guidelines that have been put in place to assist gardaí who are in financial difficultly and require assistance under the personal insolvency legislation; and if he will make a statement on the matter. [7504/14]
View answerI propose to take Questions Nos. 543 and 544 together.
I should first explain to the Deputy that the Insolvency Service of Ireland (ISI) was not in operation in 2010; it began accepting applications for the new debt settlement arrangements under the Personal Insolvency Act 2012 on 9 September 2013. As I have advised the Deputy previously, the Insolvency Service of Ireland (ISI) has indicated that in the interest of confidentiality it will not be providing details or breakdowns of the numbers of applications for the various debt solutions received or being processed at this time. The ISI has indicated that it fully intends to provide quarterly statistics once a statistically meaningful number of applications have been processed. This is anticipated to be in the second quarter of 2014. The ISI has advised that it will not be publishing information in relation to the occupations of applicants for the various debt settlement solutions.
It should be noted that the ISI does not provide advice on insolvency arrangements, this is a function of Personal Insolvency Practitioners and Approved Intermediaries and therefore the number of Gardaí that may have sought advice on insolvency arrangements is unknown. I can advise, however, that the Garda Síochána Discipline Regulations have been updated on a number of occasions since 1923, most recently in 2007. There is nothing in these Regulations, the Garda Code nor indeed in the Personal Insolvency Act 2012 which acts as a barrier to members of the Garda Síochána availing of debt resolution mechanisms contained in that Act. The Commissioner has made it clear that members of An Garda Síochána who are in financial difficulties with domestic mortgage repayments in providing a home for themselves or their families will not be subjected to the Garda Síochána (Discipline) Regulations provided there is a genuine effort to deal with these financial difficulties. I fully agree with the Commissioner on this point.
545. Deputy Niall Collins asked the Minister for Justice and Equality the number of staff in the Garda Síochána Ombudsman Commission in 2010, 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [7505/14]
View answerI am informed by the Garda Síochána Ombudsman Commission that the number of staff for the years concerned are as follows.
|
Year |
Number of staff (Whole time Equivalents) |
|
2010 |
87.2 |
|
2011 |
83 |
|
2012 |
79 |
|
2013 |
77.6 |
|
2014 |
76.6 |
The figures listed do not include the three members of the Commission or members of the Garda Síochána on secondment with the Ombudsman Commission.
546. Deputy Niall Collins asked the Minister for Justice and Equality the total budget of the Garda Síochána Ombudsman Commission in 2010, 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [7506/14]
View answerThe expenditure incurred by the Garda Síochána Ombudsman Commission in 2010, 2011, 2012 and 2013 is set out in the table. The overall budget for the Commission in 2014 is €7.924 million.
Garda Síochána Ombudsman Commission
|
Year |
2010 - €000 |
2011 - €000 |
2012 - €000 |
2013 - €000 |
|
Expenditure |
€9,235 |
€8,506 |
€8,327 |
* €7,972 |
* This figure is subject to verification when the 2013 Appropriation Accounts are finalised later this year.
