Tuesday, 4 Mar 2014

Written Answers Nos. 293-310

Foreshore Licence Applications

Questions (294)

Pearse Doherty

Question:

294. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the position regarding the issuing of a foreshore license for Burtonport to Donegal County Council. [10954/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

The Attorney General's Office provided advice to my Department on 28 January 2014 in relation to matters concerning the foreshore license application from Donegal County Council for works at Burtonport, County Donegal. This advice has been the subject of subsequent further correspondence owing to two specific issues arising. I understand that these issues have been referred to counsel for urgent attention. Upon receipt of the advice of counsel, my Department will seek to finalise this case as soon as possible.

Motor Tax Collection

Questions (295)

Brendan Smith

Question:

295. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if he will consider the request of Clones Town Council that the extra charges applicable to a motorist taxing a vehicle for a three month period as opposed to a 12 month period should be removed; and if he will make a statement on the matter. [10968/14]

Written answers

Minister for the Environment, Community and Local Government

I have no plans to change the arrangements currently in place in respect of paying motor tax on half-yearly or quarterly basis rather than annually. The half-yearly and quarterly payment options incorporate a surcharge element which covers the administrative costs involved in processing the higher volume of applications. The estimated annual income from the increased charges for half-yearly and quarterly vehicle licences is in the region of €50 million. A loss in income from this source would have a negative impact on the Local Government Fund and consequently on grant allocations to local authorities from the Fund and would have to be borne elsewhere in the motor tax system, or through the taxation system generally.

Electoral Reform

Questions (296)

Michael Colreavy

Question:

296. Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government if there has been any further developments into the possibility of directly elected mayors; his views that this is the most democratic method of election; and if he will make a statement on the matter. [10971/14]

Written answers

Minister for the Environment, Community and Local Government

I refer to the reply to Question No. 181 of 13 February 2014 which sets out the position in relation to the possibility of a directly elected mayor in the four Dublin local authorities within the Dublin Metropolitan Area. As outlined at section 11.3 of the Action Plan for Local Government, I have no plans currently to provide for directly elected mayors outside the Dublin Metropolitan Area.

Irish Water Staff

Questions (297)

Mattie McGrath

Question:

297. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if the acting South Tipperary county manager (details supplied) is employed on any contractual basis or in any way, either part time or full time, with Irish Water; and if he will make a statement on the matter. [10972/14]

Written answers

Minister for the Environment, Community and Local Government

Staff recruitment to Irish Water is an operational matter for the company and one in which I have no function. 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 has made contact with Oireachtas members to outline the arrangements for addressing such queries in a timely manner.

Question No. 298 answered with Question No. 254.

Motor Tax Collection

Questions (299)

Terence Flanagan

Question:

299. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the reason a person must pay additional costs when paying taxes by instalments; and if he will make a statement on the matter. [11037/14]

Written answers

Minister for the Environment, Community and Local Government

Motor tax can be paid annually, half-yearly or quarterly. The half-yearly and quarterly payment options incorporate a surcharge element which covers the administrative and printing costs involved in processing the higher volume of applications. In addition, reminders are issued on each renewal. The estimated annual income from the increased charges for half-yearly and quarterly vehicle licences is in the region of €50m. A loss in income from this source would have a negative impact on the Local Government Fund and consequently on grant allocations to local authorities from the Fund, and would have to be borne elsewhere in the motor tax system, or through the taxation system generally.

Political Reform

Questions (300)

Micheál Martin

Question:

300. Deputy Micheál Martin asked the Minister for the Environment, Community and Local Government his views on progress on political reform; and if he will make a statement on the matter. [11038/14]

Written answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

Since taking office in 2011 the Government has introduced radical and significant reforms to the operation and financing of the political system. The Electoral Act 2011, enacted in July 2011, allowed for a reduction in the number of TDs which will result in the number decreasing from 166 to 158 at the next general election. It provided that the writ for a Dáil bye election must now be issued within six months of the vacancy occurring. During the lifetime of the previous Dáil, there were significant delays in calling by-elections. The spending limit for candidates at a Presidential election was reduced from €1,300,000 to €750,000. The maximum reimbursement payment to candidates was reduced from €260,000 to €200,000.

The Electoral (Amendment) (Political Funding) Act 2012 became law in July 2012. This Act brought into force restrictions on corporate donations and considerable reductions in the maximum amount that a political party or an individual can accept as a political donation and provided for the following measures:

A ban on the acceptance of corporate donations over €200 unless the body has registered with the Standards in Public Office Commission and the donor has declared to the recipient that the donation has been authorised by a general meeting of the members of the body concerned.

A reduction in the limits on political donations that may be accepted:

- by a political party from €6,348.69 to €2,500;

- by an individual from €2,539.48 to €1,000.

A reduction in the thresholds at which donations must be reported to the Standard in Public Office Commission for publication:

- by a political party or third party from €5,078.95 to €1,500;

- by an individual from €634.87 to €600;

A reduction in the threshold, from €5,078 to €200, above which companies, trade unions, societies and building societies must report on political donations in their annual accounts.

A reduction in the threshold, from €5,078 aggregate to €1,500 aggregate, above which other donors must report donations to the Standards in Public Office Commission for publication.

A requirement for all registered political parties to prepare independently audited accounts to be submitted annually to the Standards in Public Office Commission for publication. Political parties that do not comply with these new requirements face having their State funding withdrawn.

A requirement that to qualify for full State funding provided to political parties under Part 3 of the Electoral Act 1997, a qualifying political party must have at least 30% women candidates and at least 30% men candidates at the next Dáil general election. This will rise to 40% after seven years. If a party does not meet these thresholds its funding will be halved.

As a condition for inclusion on the Register of Political Parties under Section 25 of the Electoral Act 1992, a party now has to submit:

- the name and address of each accounting unit of the political party, and

- the name and address of the responsible person or persons of the unit.

This information is updated annually and published. The effect of this measure will be to improve the transparency of political parties and their local structures.

The threshold for receipt of anonymous donations was reduced from €126.97 €100.

The donation threshold amount that triggers the requirement to open a political donations account was reduced from €126.97 to €100. On receipt of a donation exceeding €100, a political donations account must be opened by an individual, a third party, a political party or one of its individual branches.

The definitions of a ‘third party’ and ‘accounting unit’ of a political party have been changed to provide that they become subject to the requirements in the legislation on receipt of a donation in excess of €100. Previously the threshold amount was €126.97. A ‘third party’ must register once it receives a donation in excess of this amount.

A ban on the receipt of all cash donations over €200. Previously there was no specific restriction on donations in cash.

A prohibition on anonymous indirect donations. Where a donation is given by an intermediary on behalf of somebody else, their identity must now be provided to the recipient. It is now an offence to fail to provide this information and the intermediary making the indirect donation can be prosecuted.

In submitting a statement of donations to the Standards in Public Office Commission, additional details must now be included to identify:

- whether the donation was solicited;

- the name of the person soliciting the donation and whether a receipt was given, and;

- the date the donation was given and received.

In 2010 the Council of Europe Group of States Against Corruption, known as ‘GRECO’, published a report on political party funding in Ireland. In December 2013, a final report on the implementation of the recommendations made by GRECO was published. It recognised that the regulation and transparency of political funding in Ireland had greatly improved and stated that “virtually all concerns raised by GRECO have been taken on board”.

In February 2014 the first EU Anti-Corruption Report was published by the European Commission and notes that Ireland has tightened rules on the financing of political parties and promoted greater transparency as regards party accounts. This report also acknowledges the positive assessment given by the Council of Europe Group of States Against Corruption.

Tribunals of Inquiry Recommendations

Questions (301)

Patrick Nulty

Question:

301. Deputy Patrick Nulty asked the Minister for Justice and Equality the steps he has taken to implement the recommendations of the Moriarty tribunal since its publication nearly three years ago; and if he will make a statement on the matter. [10355/14]

Written answers

Minister for Justice and Equality

Insofar as the report of the Moriarty Tribunal made recommendations concerning the future operation of tribunals of inquiry, many of these recommendations are anticipated by the Tribunals of Inquiry Bill 2005 which awaits Report Stage debate in the Dáil. Other recommendations are the subject of consultation with the Attorney General and other relevant Departments.

I am informed by the Garda authorities that, following their examination of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions has been sought on the findings of that examination, with a view to determining whether or not a full Garda investigation should now be commenced. As this process is ongoing it would not be appropriate to comment in any further detail at this stage.

Alcohol Sales

Questions (302)

Brendan Griffin

Question:

302. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding the introduction of a new code of practice for the sale and supply of alcohol in the off trade; and if he will make a statement on the matter. [10868/14]

Written answers

Minister for Justice and Equality

The position is that the Government has decided that a statutory code of practice under section 17 of the Civil Law (Miscellaneous Provisions) Act 2011 concerning the sale and display of alcohol products in mixed trading premises should be introduced. Preparatory work is currently under way and I hope to be in a position to launch a consultation process on the contents of the code, as required under the legislation, in the coming weeks.

Courts Service

Questions (303, 304)

Mick Wallace

Question:

303. Deputy Mick Wallace asked the Minister for Justice and Equality the number and location of courthouses in the ownership of his Department in the Wexford area; the number of these premises that operate as courthouses; and if there are alternatives plans for their usage. [10228/14]

Mick Wallace

Question:

304. Deputy Mick Wallace asked the Minister for Justice and Equality the number of premises that are currently rented for use as a courthouse in Wexford; the cost of same; and if it is his intention to continue with these arrangements. [10229/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 303 and 304 together.

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the Courts Service owns one courthouse in County Wexford which is located in Gorey. The Courts Service also rents temporary courthouse and office accommodation at Ardcavan Business Park, Wexford at an annual cost of €101,750. In addition, the Courts Service owns a site at Wygram Place, Wexford Town which it is intended would be allocated for the construction of a new courthouse and office as part of the Government's Infrastructure Stimulus Package.

Firearms Licences

Questions (305, 324)

Dara Murphy

Question:

305. Deputy Dara Murphy asked the Minister for Justice and Equality his plans to alter legislation in relation to gun ownership for hunting and target practice; if he has received any requests to alter such legislation; and if he will make a statement on the matter. [10365/14]

Éamon Ó Cuív

Question:

324. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if new restrictions are being considered in relation to the ownership and use of 30mm calibre rifles, semi-automatic rifles and semi-automatic shotguns; and if he will make a statement on the matter. [10999/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 305 and 324 together.

In relation to possible changes to firearms licensing I refer the Deputies to my reply to questions 8957/14, 9245/14 and 9736/14 of 25 February 2014. The position is unchanged since then. That reply stated:

Reply to questions 513, 521 and 563 of 25 February 2014:

In light of public safety concerns highlighted by the Garda Commissioner and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is examining key issues relating to firearms licensing in conjunction with An Garda Síochána. Recommendations are currently being finalised and I expect to receive a report in due course. No decisions will be made in advance of consideration of these recommendations.

Opportunities for consultation with relevant stakeholders will be explored when work on the proposals is further advanced.

Asylum Applications

Questions (306)

Bernard Durkan

Question:

306. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when a person (details supplied) in County Cork will be called for interview in respect of their application for asylum; and if he will make a statement on the matter. [10384/14]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, if the person whose details have been supplied has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they are in the protection process.

Garda Investigations

Questions (307)

Finian McGrath

Question:

307. Deputy Finian McGrath asked the Minister for Justice and Equality the reason gardaí have not investigated the assault complaint made by a person (details supplied) to Store Street gardaí in Dublin on 10 August 2013 and confirmed in writing by the person on 29 August 2013 following that allegation. [10418/14]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Magdalen Laundries

Questions (308)

Mary Lou McDonald

Question:

308. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will set out the appeals process where an eligible applicant to the Magdalene laundry redress scheme decides to appeal a decision to the Ombudsman. [10541/14]

Written answers

Minister for Justice and Equality

Any applicant to the Restorative Justice Scheme who does not agree with the provisional assessment made by the Restorative Justice Implementation Unit, on whether she comes within the scope of the scheme or the duration of her stay in one of the relevant institutions, can seek a review of that assessment. The applicant should set out in writing the reason why she does not agree with the provisional assessment issued to her by the Restorative Justice Implementation Unit. Her case will then be reviewed by an officer of a higher grade who, having considered the matter, will make a decision on the case and give written reasons for that decision. The applicant will be informed in writing of the decision, and the reasons for the decision. She will also be advised that if she is not satisfied with the review decision, she may appeal to the Office of the Ombudsman. Contact details for the Office of the Ombudsman will be provided to her.

Magdalen Laundries

Questions (309)

Mary Lou McDonald

Question:

309. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of the eligible applicants to the Magdalene laundry redress scheme that have sought a review of the assessment regarding length of incarceration; and the number following this assessment that have appealed his Departments implementation teams decision to the Ombudsman. [10542/14]

Written answers

Minister for Justice and Equality

I can advise the Deputy that 722 applications to the Restorative Justice Scheme have been received to date and 321 letters of formal offer have issued. So far, 238 of the applicants have accepted the formal offer and 211 payments have issued at a cost in excess of €7.6 million. 16 applicants have to date sought an internal review of their provisional offer. Of that number, 5 have been decided by the review officer, with one applicant appealing that decision to the Office of the Ombudsman. It may be noted that an applicant has two months to decide to accept or decline the provisional offer made by the restorative justice team and that time frame also applies to the review officer's decision.

Magdalen Laundries

Questions (310)

Mary Lou McDonald

Question:

310. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if his Department will provide for the legal costs incurred by eligible applicants to the Magdalene laundry redress scheme for advice sought before appealing a decision to the Ombudsman. [10543/14]

Written answers

Minister for Justice and Equality

The position regarding legal fees is clearly set out in the scheme document, pages 6 and 7 and is in accordance with the recommendations of Judge Quirke. Before signing the Acceptance Form and statutory declaration the applicant is strongly advised to obtain legal advice. A contribution of up to a maximum of €500 plus VAT will be made available to applicants residing either in Ireland or abroad towards the cost of obtaining their own legal advice. Any legal costs incurred by an applicant in excess of €500 + VAT will not be paid for by the State. If the applicant confirms in writing that she will accept the provisional determination, then a formal offer in the same terms as the provisional assessment will be made in writing and payment will be conditional on the signing of an Acceptance Form and a statutory declaration. No other legal costs incurred by an applicant to the scheme will be paid by the State.