Written Answers Nos. 311 - 327
311. Deputy Seán Kenny asked the Minister for Justice and Equality the number of prosecutions undertaken by the Garda Síochána in 2012 and 2013 to licensed premises for the offence of serving alcohol to persons aged under 18 years; and if he will make a statement on the matter. [10597/14]
View answerThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.
312. Deputy Seán Kenny asked the Minister for Justice and Equality the number of drivers prosecuted in the Dublin region in 2013 for driving in a bus lane; and if he will make a statement on the matter. [10598/14]
View answerThe Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide statistics directly to the Deputy.
313. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the number of persons who have completed the first round of aptitude tests for recruitment to the Garda Síochána; the percentage mark that is regarded as a pass percent; the number of those who passed the exam; if there was a grading structure provided for those that passed the exam; the percentages applied to each grade; the number of candidates in each grade; and if he will make a statement on the matter. [10789/14]
View answerThe Deputy will be aware that the Public Appointments Service are managing this recruitment process for the Garda Commissioner and I have no direct involvement in the matter. I do not have the detailed information in relation to the percentage pass mark as requested by the Deputy. I have, however, been informed that some 25,000 applications were received in advance of the 9th January closing date for the current competition. The first stages of the testing have now been completed and candidates who have qualified through these have been placed in order of merit into three bands. Minimum qualifying scores have determined eligibility to progress from stage 1 to stage 2.
The top 5,000 candidates from the stage 1 tests have been placed in Band 1. These are now being called to the next stages of the competition which will also be run by PAS in association with An Garda Síochána. Candidates who are ultimately successful through all stages will be placed on a panel for entry into training in the Garda College. A candidate who fails any stage of the process will be eliminated from the competition and will not be allowed re-enter. It is not possible at this stage to state with any certainty how many trainees will progress from Band 1 to the Garda College as this will depend on the success rate of candidates at the next series of tests, assessments, interviews etc. Therefore, by definition, it is not possible to say when a candidate in Band 2 might be called to progress to the next stages of the competition. My objective is to maintain Garda strength at 13,000 and the number of trainees to be recruited will be determined taking that objective into account along with the rate of departures from the force over the coming years. It is worth noting on this point that, generally speaking, between 300 and 400 Gardaí leave the Force each year.
314. Deputy Patrick O'Donovan asked the Minister for Justice and Equality if consideration was given to experience gained by members of the Garda Reserve in the recruitment process for the Garda Síochána which is currently under way; and if he will make a statement on the matter. [10790/14]
View answerThe Deputy will be aware that recruitment to the Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013. These regulations provide for the giving, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of the Garda Síochána, of "due recognition to any satisfactory service by the person as a reserve member". This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them the opportunity to highlight that experience and skill during the selection process.
315. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [10831/14]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that there is no current application for family reunification from the person referred to by the Deputy. I am further informed by INIS that a decision issued to him in July 2007 in respect of a family reunification application advising him that the subjects of his application were not granted. The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
316. Deputy Jim Daly asked the Minister for Justice and Equality the laws or regulations in place for privacy for neighbours whose property is being viewed through a video camera (details supplied); and if he will make a statement on the matter. [10873/14]
View answerWhile the Deputy will appreciate that I am not in a position as Minister to interpret the law or to provide advice on a particular case in response to a Parliamentary Question, I can say that the Data Protection Acts 1988 and 2003 generally apply to personal images recorded by means of video cameras unless the recording activity relates to an individual's own personal, family or recreational activities. Useful information is available on the web site of the Data Protection Commissioner concerning both the statutory obligations placed on those who use CCTV systems to collect personal data and the rights of, and redress mechanisms available to, those whose personal data are collected by such means (www.dataprotection.ie). In surveillance situations in which the Data Protection Acts do not apply, i.e. because personal images are not recorded and retained, legal proceedings on the basis of an infringement of constitutional or common law rights to privacy may, depending on the circumstances, be possible.
317. Deputy Sean Fleming asked the Minister for Justice and Equality the mechanisms in place to ensure that persons who apply to join the Garda Síochána on the online application form is filled out by the applicant or can they be filled out by third parties on behalf of the applicants; the mechanism he has in place to ensure the authenticity of these online applications; and if he will make a statement on the matter. [10882/14]
View answerThe competition for the selection of Garda Trainees attracts a very high number of applicants. Accordingly, the selection process to become a Garda Trainee is comprehensive, with candidates required to undertake a range of relevant assessment tests and exercises over a number of selection stages. The tests and exercises are designed to identify candidates suitable to be a Garda Trainee, with potential to become an attested member. The first two assessments are completed on-line. Candidates who obtain the required standard are then required to sit a supervised assessment. This assessment is to ensure the authenticity of the candidate.
318. Deputy Sean Fleming asked the Minister for Justice and Equality the implications for agencies funded by his Department that fail to comply with consolidated public sector pay scales by continuing to make top-up payments to staff; when he expects this issue to be definitively resolved; and if he will make a statement on the matter. [10919/14]
View answerI wish to advise the Deputy that salaries paid to staff employed in all agencies under the remit of my Department are paid in accordance with public sector pay policy guidelines as set out by the Department of Public Expenditure and Reform and that, consequentially, the issue of top-up payments does not arise.
319. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the date and manner in which he relieved from duty the confidential recipient, Mr. Oliver Connolly. [10924/14]
View answer320. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the termination arrangements which apply to the confidential recipient, Mr. Oliver Connolly, including the final date of his tenure and the compensation or termination payments made or agreed to be made to him. [10925/14]
View answer321. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will provide a reference to the legislative basis for his relieving from duty the confidential recipient, Mr. Oliver Connolly. [10926/14]
View answer322. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if, prior to his relieving from duty the confidential recipient, Mr. Oliver Connolly, he consulted with the Commissioner, the Ombudsman Commission, the Garda Síochána Inspectorate, the Garda Síochána Representative Associations and the trade unions or staff associations recognised as representing civilians; if he did, if he will provide in tabular form, whom he consulted with; the date of consultation and the position on the relieving from duty of the person consulted. [10927/14]
View answerI propose to take Questions Nos. 319 to 322, inclusive, together.
The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, made under the Garda Síochána Act 2005, provide for the appointment of an independent Confidential Recipient. The Regulations provide that a person shall be appointed for a period of three years and that the appointment is subject to such terms and conditions as I may determine with the consent of the Minister for Public Expenditure and Reform.
Mr. Oliver Connolly was appointed as Confidential Recipient with effect from 18 July 2011 for a 3 year period. The appointment followed the required consultation with the Garda Commissioner, the Garda Ombudsman Commission, the Garda Inspectorate, the Garda representative associations and the trade unions or staff associations representing civilian staff. The terms and conditions of the appointment provided that the Confidential Recipient could resign his appointment at any time by letter addressed to myself as Minister, and that I in turn could terminate the appointment at any time by letter stating the reason for such termination. There is no requirement in the Regulations for consultation with the prescribed persons and organisations in the event that an appointment is terminated.
Rumours were circulating for some time regarding the existence of an alleged tape and transcript of a confidential conversation between Mr. Connolly and a Garda whistleblower. Given the importance of the office’s confidentiality, no justice minister could properly seek out such a transcript or tape. However, following an alleged extract from the alleged tape being placed on the Dáil record, I asked my Department to contact Mr. Connolly outlining my concerns that, if the conversation as reported had taken place, his actions had undermined the office of the Confidential Recipient.
Contacts did not satisfy me as to his response to the controversy and that the Office of the Confidential Recipient would not continue to be undermined in light of this. I wrote to him on 19 February 2014, as provided for under the terms and conditions of his appointment, and informed him that in the context of his failure to unequivocally repudiate the content of the alleged conversation or take the necessary action to restore public confidence in the office of Confidential Recipient, I believed his position was untenable and I had no alternative but to relieve him forthwith of the position. Mr. Connolly will be paid the allowance due to him up to and including the date he was relieved from his position (19 February, 2014). No severance or gratuity is payable.
I have publicly said that I do not believe the office of Confidential Recipient and the legislation applicable to it is fulfilling the objective for which it was established. The Cabinet has agreed in principle that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána. Interim arrangements are being made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort is being made to expedite the necessary consultation process so that the appointment can be made as soon as possible.
323. Deputy Joanna Tuffy asked the Minister for Justice and Equality if he will provide an update on the review of the Garda Síochána as part of the Haddington Road agreement; the matters that review will include; and if he will make a statement on the matter. [10932/14]
View answerThe review of the Garda Síochána is currently under way and as per the Haddington Road agreement has the following terms of reference:
"To review and make recommendations on the use by An Garda Síochána of the resources available to it, with the objective of achieving and maintaining the highest levels of efficiency and effectiveness in its operation and administration. The review shall encompass all aspects of the operation and administration of the Garda Síochána, including:
- the structure, organisation and staffing of the Garda Síochána;
- the deployment of members and civilian staff to relevant and appropriate roles;
- the remuneration and conditions of service of members of An Garda Síochána including an evaluation of annualised hours/shift pay arrangements;
- the appropriate structures and mechanism for the future resolution of matters relating to pay, industrial relations and attendant matters."
The elements dealing with the remuneration and conditions of service of members of the Garda Síochána including an evaluation of annualised hours-shift pay arrangements and the appropriate structures and mechanism for the future resolution of matters relating to pay, industrial relations and attendant matters are being dealt with by Mr. Ray McGee who has now commenced this work. Mr. McGee was formerly the Deputy Head of the Labour Court and the Director of Conciliation services in the Labour Relations Commission. It is proposed that the elements of the review dealing with the structure and organisation of the Garda Síochána and the deployment of members and civilian staff to relevant and appropriate roles will be undertaken by the Garda Inspectorate and the arrangements for this are being finalised with the Labour Relations Commission.
325. Deputy Sean Fleming asked the Minister for Defence the implications for agencies funded by his Department that fail to comply with consolidated public sector pay scales by continuing to make top-up payments to staff; when he expects this issue to be definitively resolved; and if he will make a statement on the matter. [10912/14]
View answerThe only body under the aegis of my Department is the Army Pensions Board. The Army Pensions Board is staffed by a civil servant and the arrangements that apply in respect of pay are in line with Civil Service pay scales.
326. Deputy Sandra McLellan asked the Minister for Agriculture, Food and the Marine if he will clarify the regulations that are in place to govern the spraying of pesticides by hand and by plane on open farmland; and if he will make a statement on the matter. [10865/14]
View answerRevised EU regulations governing the sale and safe use of pesticides came into force in 2011. These regulations cover more specifically, the marketing of pesticides, the sustainable use of pesticides, the collection of statistics on pesticide use and the establishment of minimum standards for new pesticide application equipment. These four separate regulations were commonly referred to as the “pesticides package”.
Pesticide Product approval:
The regulatory system for plant protection products is designed to ensure a very high level of protection for man, animals and the environment. As part of the product authorisation system (Regulation (EC) No 1107/2009), risk assessments are carried out to ensure that;
(a) there are no harmful effects for spray operatives, workers, bystanders or consumers,
(b) there are no unacceptable risks to non-target species (e.g. birds, fish, wild mammals, bees or other insects, earthworms and soil macro- and micro-organisms).
(c) surface and ground waters are protected.
Consequently, only products that can be used safely without any unacceptable risks to man or the environment are authorised for use.
1. Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.
2. Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides.
3. Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25th November 2009 concerning statistics on pesticides.
4. Directive 2009/127/EC of the European Parliament and of the Council of 21 October 2009 amending Directive 2006/42/EC with regard to machinery for pesticide application.
Regulating the Use phase:
While the above mentioned regulation identifies and quantifies all risks, the Sustainable Use Directive aims to reduce these risks to human health and the environment that are associated with pesticide use. The directive is designed to further enhance the high level of protection achieved through the entire regulatory system for pesticides. This Directive (Directive 2009/128/EC) is transposed into Irish law by Statutory Instrument No. 155 of 2012.
This S.I. prohibits the application of pesticides from aircraft (aerial spraying) except under extenuating circumstances and only after a comprehensive and exhaustive risk assessment is carried out. However, it should be noted that no aerial spraying has been carried out on farmland in Ireland since 1993. On that occasion it was deemed absolutely necessary due to extreme weather conditions and it was carried out under the strict supervision of officials from the Department of Agriculture, Food and the Marine.
S.I. No. 155 of 2012 also requires professional users of plant protection products (farmers, landscapers, etc.) to undergo a basic level of training. In addition, this S.I. makes it a requirement that all application equipment exceeding 3 million in working width, as well as orchard and blast sprayers, are tested by November 2016.
While, there is no requirement for hand-held application equipment to be tested because of the low scale of use, the professional users of such equipment are required to have competed the training referred to above. In addition, all professional users are required to apply the general principles of Integrated Pest Management from 1 January, 2014. These principles are set out in the Directive and the Department of Agriculture, Food and the Marine have produced a helpful guide on how farmers can comply with this requirement. Further guides will be produced in the coming months on how other categories of professional users can comply with the requirement.
Enforcement:
All legal requirements placed on various people through the regulations mentioned above will be monitored and measured by officials from my Department. This includes inspection at farm level under Statutory Management Requirement No. 10 (plant protection products) but also inspections at retail and wholesale premises that sell plant protection products.
Statutory Instrument No. 155 of 2012 allows for penalties ranging from a “Fixed Payment Notice” of €250 to prosecution through the court system. Where a breach is detected at farm level a disallowance through the Single Payment Scheme may also apply.
327. Deputy Sandra McLellan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the plight of the white fish fleet who have been unable to fish for the past few months due to bad weather; the plans being put in place to assist them financially; and if he will make a statement on the matter. [10325/14]
View answerFishing through the winter is difficult in normal circumstances but I am acutely conscious that the severe weather has caused the fishing fleet to be tied up for quite an extended period, a longer period than would be the norm with more typical winter weather. The white fish and inshore fleets have been particularly affected. As the catching sector is by definition dependant on being able to go out and catch fish, and crews earn their living through a share of the catch, many fishermen have suffered financially because of this extended period restricted to port. We have had some breaks in the weather during February and many of the vessels that were harbour bound due to the severe weather were able to return to fishing and to some extent make up for lost time. No doubt we will continue to have intermittent stormy conditions in the weeks and months ahead, as is normal for this time of year, but I am hopeful that fishermen will be able to put to sea on a regular basis so that they can put that difficult period behind them.
In relation to any specific payments to compensate for lost earnings, the Minister for Social Protection has overall responsibility for funding income support to individuals and families in all sectors who have been unable to work because of adverse weather conditions. As income from fishing is derived from landings of catch, the amount that can be caught and therefore the income from most fisheries is determined by the EU quotas which are restrictive, and made available under our management arrangements with catch limits set for whitefish each month. The quotas are managed to allow for access to quota for the full twelve months of the year, as far as possible. This may mean in many cases that the allocations made available for certain months are set at low levels, certainly less than Industry would like and would be capable of landing.
I always work very closely with, and I am advised by industry when setting catch limits during the year. Each month, a quota management advisory committee, involving Industry representatives and my Department, meets and examines available quota, uptake levels and the market situation and make recommendations to me on catch limits for the following month. The quota uptake figures for January 2014 and for the first part of February are significantly down. In order that vessel owners and their crews are enabled to compensate as early as possible for these low catch levels, allocations for March were set for a number of the key economic stocks at a higher level than in February. The level recommended by industry took account of concerns not to glut the market with very high landings in a single month and on that basis the arrangements recommended and put in place involve modest increases in key whitefish stocks including cod, haddock and whiting in the Celtic Sea, monkfish and megrim in the Celtic Sea and the hake stock in the Celtic Sea and the north west. These increased quotas and fishing opportunities for March will help to re-balance the landings to bring them more into line with planned annual spread of quota uptake. They can be further adjusted in April to take into account of the low level of landings in the first six weeks of the year.
