Michael Healy-Rae
Question:163. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding the bugging devices; and if he will make a statement on the matter. [8553/14]
View answerGarda Síochána Ombudsman Commission Investigations
Questions (163)
Written answers
In my statement to the House on 11 February, 2014, I detailed the background to the investigation GSOC initiated and the outcome of that investigation. I summarised for the House the information furnished to me by GSOCs Chairman at our two hour meeting and that contained in the briefing note I received from GSOC and its public press release. I addressed the central issues of the “anomalies” or “potential threats” or “vulnerabilities” identified. I detailed to the House the conclusion reached by GSOC following on from that investigation and work undertaken by the security consultants who had undertaken the original security sweep in September 2013 and who had assisted GSOC in the investigation that took place.
Everything I told the House in that statement was based wholly, exclusively and accurately on the oral and written briefing given to me by the Chairperson of GSOC, and the press statement issued by GSOC. I recounted specifically, from both the Chairman’s meeting with me and the formal brief I received, the conclusion that there was no definitive evidence of any technical or electronic surveillance of GSOC offices. The Chairman informed the Joint Committee on Public Service Oversight and Petitions that GSOC had reached that very conclusion.
As the Deputy is aware it was agreed at Cabinet yesterday that a retired High Court Judge would be appointed to enquire into all matters of relevance to the initiation and outcome of the investigation commenced by GSOC. In addition, I will be appearing today before the Joint Committee on Public Service Oversight and Petitions and will answer any questions that arise.
Question No. 164 answered with Question No. 153.
Firearms Licences
Questions (165)
Clare Daly
Question:165. Deputy Clare Daly asked the Minister for Justice and Equality if any changes have taken place regarding the registration of firearms; the rationale for these changes; and if it is the case that An Garda Síochána has been automatically refusing licences. [8555/14]
View answerWritten answers
On 1st August 2009, new firearms licensing application processes were introduced with the commencement of the remaining sections relevant to firearms licensing provided for in the Criminal Justice Act 2006 and the Criminal Justice (Miscellaneous Provisions) Act 2009.
Each application for a firearm certificate is judged on its own individual merits, having regard to the conditions set out in the Firearms Act 1925 as amended by the Criminal Justice Act 2006 and the Criminal Justice (Miscellaneous Provisions) Act 2009.
The only exception to an application being considered on an individual basis is with regard to an application to certify a restricted short firearm by an applicant, who did not previously hold a firearm certificate for the firearm on or before 19th November, 2008. A new section 3D of the Firearms Act 1925, as inserted by section 30 of the Criminal Justice (Miscellaneous Provisions) Act 2009, was commenced on 1st August 2009 which now prevents any application being considered by an issuing person to certify a restricted short firearm that was not already licensed to that applicant on or before the 19th November, 2008. These applications are not refusals but rather applications that cannot be considered by an issuing person.
In relation to possible changes to firearms licensing, my Department is currently examining key issues relating to firearms licensing in conjunction with An Garda Síochána. I expect to receive recommendations as a result of this process in due course. No decisions will be made in advance of consideration of these recommendations. However, the issue of public safety will be paramount in such consideration.
Opportunities for consultation with relevant stakeholders will be explored when work on the proposals is further advanced.
Question No. 166 answered with Question No. 153.
Defence Forces Remuneration
Questions (167)
Seamus Kirk
Question:167. Deputy Seamus Kirk asked the Minister for Defence if he will advise when it is hoped to pay serving members who have joined the Permanent Defence Force since 2011 an extra 10% that was promised as part of Haddington Road agreement; and if he will make a statement on the matter. [8472/14]
View answerWritten answers
Nowhere in the Public Service Stability Agreement 2013 – 2016, ‘The Haddington Road Agreement’ is there a promise to pay an extra 10% to any public servant. I am assuming that the Deputy is referring to Paragraph 2.31 of that Agreement which provides “that in order to address the imbalance between those who entered the Public Service since 2011 and those who entered before that date, revised incremental salary scales shall be prepared for same grade entrants to each public service sector as necessary to incorporate the revision of salary scales introduced by Government Decision in January 2011.”
Following discussions with Public Sector Unions the Department of Public Expenditure & Reform has recently issued guidelines on incorporating the 01 January 2011 and 01 January 2010 public service recruitment pay scales. I can advise that my Department is currently examining the application of those guidelines to the pay structures applicable in the Defence Forces.
It is hoped to be in a position to discuss the practical applicability of the guidelines with the Defence Forces Representative Associations in the next number of weeks and to then finalise the technical work to give effect to the revised incorporated scales. I wish to assure the Deputy that everything is being done to progress this work in an efficient and effective fashion and that no member of the Defence Forces will suffer any financial loss arising out of the implementation of this element of the Haddington Road Agreement.
Military Medals
Questions (168)
Ann Phelan
Question:168. Deputy Ann Phelan asked the Minister for Defence the reasons no service medal was struck for soldiers of the National Army who served during the Civil War period, 1922-24, and then discharged; if these soldiers are the only ones who have not received a service medal; and if he will make a statement on the matter. [8516/14]
View answerWritten answers
I have been advised by the Military authorities that no medals have ever been struck for personnel who had military service in the period 1921 to 1939, a period that includes service with the then National Army during the Civil War period of 1922-1924. Given the elapse of so many years, and the possible unreliability and incompleteness of contemporary records, the process of assessing eligibility for such a medal in individual cases for this period would be highly problematic.
Against this backdrop, the Military authorities have advised that they have no plans to review the position with regard to creating a service medal for the period of the Civil War. In doing so the Military authorities have, however, made it clear that this decision should not be interpreted as diminishing in any way whatsoever, the service rendered by and the admirable personal motivation of the individuals who served during this difficult period of the country’s history.
Military Records
Questions (169)
Patrick O'Donovan
Question:169. Deputy Patrick O'Donovan asked the Minister for Defence if he will make the military service records available in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [8403/14]
View answerWritten answers
The Defence Forces as a matter of routine provide access to individuals seeking their personal military records (personnel files) in the case of both serving and retired members. This access is administered through Administrative Instruction A8 for serving members. For retired members the Freedom of Information Acts 1997 & 2003, the Data Protection Acts 1998 & 2003 and the National Archives Act 1986 are used to facilitate access.
Given the details supplied, it is presumed that in this case a third party is seeking access to the records of the named individual. These records contain both personal data and sensitive data under the terms of the Data Protection Acts 1998 & 2003 and personal data under the terms of the Freedom of Information Acts 1997 & 2003. Consequently, these records will only be released to persons authorised under the Acts to receive them. This would normally be the closest living relative but this may not always be the case. Without having the full facts of this case it is not possible to indicate whether the records can be released.
The Defence Forces Freedom of Information Office would be happy to assist and provide advice in this case with a view to providing appropriate release of the records requested. They are available at 045 492577/2578 or at Defence Forces Freedom of Information Office, Defence Forces Headquarters, Department of Defence, Station Road, Newbridge, Co. Kildare.