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Tuesday, 6 May 2014

Written Answers Nos. 331-341

Defence Forces Ombudsman Complaints

Questions (331, 332, 333, 334, 335, 336, 337)

Seán Ó Fearghaíl

Question:

331. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of notifications of complaint initiated by serving members of the Defence Forces that were received by the Ombudsman for the Defence Forces in 2012; the number received during the tenure of the current ombudsman; the number received during the tenure of his predecessor during that year; and if he will make a statement on the matter. [19993/14]

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Seán Ó Fearghaíl

Question:

332. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of notifications of complaint initiated by serving members of the Defence Forces that were received by the Ombudsman for the Defence Forces in 2013; and if he will make a statement on the matter. [19994/14]

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Seán Ó Fearghaíl

Question:

333. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of new cases referred to the Ombudsman for the Defence Forces in 2012; the number referred during the tenure of the current ombudsman; the number referred during the tenure of his predecessor during that year; and if he will make a statement on the matter. [19995/14]

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Seán Ó Fearghaíl

Question:

334. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of final reports containing adjudication and final recommendations made in 2012; the number referred during the tenure of the current Ombudsman for the Defence Forces; the number referred during the tenure of his predecessor during that year; and if he will make a statement on the matter. [19996/14]

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Seán Ó Fearghaíl

Question:

335. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of new cases referred to the Ombudsman for the Defence Forces in 2013; the number of final reports containing adjudication and final recommendations made during 2013; and if he will make a statement on the matter. [19997/14]

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Seán Ó Fearghaíl

Question:

336. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of complaints initiated by former members of the Defence Forces that were received by the Ombudsman for the Defence Forces in 2012; the number received during the tenure of the current ombudsman; the number received during the tenure of his predecessor during that year; and if he will make a statement on the matter. [19998/14]

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Seán Ó Fearghaíl

Question:

337. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of complaints initiated by former members of the Defence Forces that were received by the Ombudsman for the Defence Forces in 2013; and if he will make a statement on the matter. [19999/14]

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Written answers

I propose to take Questions Nos. 331 to 337, inclusive, together.

The Office of the Ombudsman for the Defence Forces was established under the provisions of the Ombudsman (Defence Forces) Act 2004 and is an independent Statutory body. I met with the Ombudsman for the Defence Forces, Mr. Patrick Anthony McCourt, on 16 April last and the Ombudsman advised me that his Annual Report for 2012, which was delayed due to legal proceedings in the High Court, will be issued before the end of June 2014 and that his Annual Report for 2013 will issue as soon as possible thereafter. I have been advised that these Reports will contain the information requested by the Deputy.

Defence Forces Ombudsman Complaints

Questions (338)

Seán Ó Fearghaíl

Question:

338. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of complaints under section 114 of the Defence Act 1954, as amended, by serving members of the Defence Forces that were handled internally through the Defence Forces' redress of wrongs procedure in 2011, 2012 and in 2013; the number that had progressed to the satisfaction of the complainant within 28 days of the complaint being made; and if he will make a statement on the matter. [20000/14]

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Written answers

Section 114 of the Defence Act, 1954, as amended provides a mechanism whereby any member of the Defence Forces who believes themselves wronged in any matter by any superior or other person may seek redress to the perceived wrong. The objective of the process is to resolve grievances at the earliest possible point within the military structure. The following statistics refer to complaints which were dealt with internally through the Defence Forces’ redress of wrong procedure and were not referred onward to the Ombudsman for the Defence Forces.

Complaints under section 114 of the Defence Act, 1954, as amended by serving members of the Defence Forces

Year

No. handled internally

No. progressed internally to satisfaction of complainant within 28 days

2011

64

21

2012

90

22

2013

89

29

Defence Forces Deployment

Questions (339)

Stephen Donnelly

Question:

339. Deputy Stephen S. Donnelly asked the Minister for Defence if he will provide in tabular form the number of missions the UN, EU and any other organisations have asked the Defence Forces to contribute personnel to in the past ten years; the nature or tasks of the units requested to contribute; and where it was decided not to contribute, the relevant rationale. [20250/14]

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Written answers

Ireland receives requests, from time to time, in relation to participation in various missions and these are considered on a case-by-case basis. When considering any particular request, the existence of realistic objectives and a clear mandate, which has the potential to contribute to a political solution, consideration of how the mission relates to the priorities of Irish foreign policy and the degree of risk involved are amongst the factors considered. Other factors taken into account are the level of existing commitments to peacekeeping operations and security requirements at home. Details of the requests received by Ireland from the United Nations and European Union since 2004 to contribute Defence Forces personnel to missions and the outcome of these requests are contained in the following schedule.

REQUESTS FOR CONTRIBUTIONS OF DEFENCE FORCES PERSONNEL TO UN/EU MISSIONS (2004-2013)

Mission

Nature of Request

Outcome

United Nations Disengagement Observer Force (UNDOF) (2013)

Contribution of (a) Staff Officers to UNDOF headquarters and (b) Mechanised Infantry Company for the task of Force Mobile Reserve with C-IED capability

Following Government and Dáil approval, as appropriate, HQ Staff and a Force Reserve Company have been deployed to UNDOF since June and September 2013, respectively.

United Nations Mine Action Service (Sudan)(UNMAS)(2013)

Specialist Training Team on Conventional Munitions Disposal.

Training team deployed to the Mission in August 2010 following Government Approval.

United Nations Supervision Mission in Syria (UNSMIS) (2012)

Military Observers and Explosive Ordnance Disposal (EOD) Experts.

Deployed in May 2012 and withdrawn in August 2012 when the mission closed.

United Nations Interim Force in Lebanon (UNIFIL) (2010)

Mechanised Infantry Battalion

Following Dáil Éireann approval, a contingent of the Permanent Defence Force has been deployed to UNIFIL since June 2011.

European Training Mission in Somalia (EUTM Somalia) (2010)

Training Team and Mission Staff at mission headquarters.

Following Government approval, Defence Forces personnel were deployed to the mission between April 2010 and April 2014.

European Training Mission in Mali (EUTM Mali) (2010)

Training Team to train Malian Armed Forces.

A training team was deployed to the Mission following Government approval in April 2010.

United Nations Mission in the Central African Republic and Chad (MINURCAT) (2009)

MINURCAT replaced EUFOR Tchad/RCA in 2009 with which an Irish Battalion and HQ staff had been serving. UN requested contributors to EUFOR mission to remain on in service with the new UN mission.

Ireland continued to provide HQ Staff and a Mechanised Infantry Battalion of approximately 400 personnel to the MINURCAT mission between March 2009 and June 2010.

European Union Naval Force (EU NAVFOR) Operation ATALANTA (2009)

Naval service personnel (2) for operational HQ of Operation ATALANTA.

Two Naval Service officers were deployed to the Operational HQ in Northwood (UK) during period June to December 2009.

The United Nations – African Union mission in Darfur (UNAMID) (2007)

In common with all other UN members, Ireland received a general request for a range of capabilities for the mission.

The Defence Forces did not have the required assets (heavy lift equipment etc). Ireland offered to nominate up to eight (8) personnel to staff appointments at the Force HQ. However, the offer was not taken up by the UN.

EUFOR Tchad/RCA (2007)

Request for Operations Commander and HQ Support Staff, Mechanised Infantry Battalion of 360 personnel.

Ireland provided a total of 1,677 personnel to the mission between October 2007 and March 2009 including the Operations Commander.

EUFOR RD Congo (2006)

Staff Officers for HQ

Seven (7) Irish personnel were deployed to mission HQ between June 2006 and January 2007.

United Nations Joint Logistics Centre (UNJLC) (2005)

Specialist Ordnance and Transport Logistics personnel.

A Defence Forces team of four (4) personnel were deployed to the UNJLC between January and May 2005.

European Union ACEH Monitoring Mission (AMM) in Indonesia (2005)

Military Observers and EOD Experts.

Three (3) Defence Forces personnel were deployed during September 2005 and December 2006)

EU Support to African Union Mission in Sudan (AMIS) (2004)

Request for support staff for EU mission.

One (1) Military Observer and one (1) Logistics Planner were deployed to the mission between July 2004 and December 2007.

UN REQUESTS FOR DEFENCE FORCES PERSONNEL WHERE NOMINATIONS WERE NOT POSSIBLE OR ASSETS UNAVAILABLE

Mission

Nature of Request

United Nations Missions in Sudan (UNMIS) Sudan (2006)

Nominations for Officer appointments at mission HQ

United Nations Support Mission in Libya (UNSMIL) (2013)

Nominations for Judicial Affairs Experts

United Nations Office for West Africa (UNOWA) (2013)

Nomination for post of Senior Military Adviser

United Nations Mission in the Republic of South Sudan (UNMISS) (2011)

Engineer Company

United Nations Office of the African Union (UNOAU) in Addis Ababa, Ethiopia (2010)

Nominations for Planning Officer appointments

United Nations Mission in Nepal (UNMIN) (2009)

Nomination for post of Chief Military Adviser UNMIN

United Nations Assistance Mission in Afghanistan (UNAMA) (2009)

Nominations for Military Liaison Officers and a Military Adviser

United Nations Observer Mission in Georgia (UNOMIG) (2008)

Nomination for post of Deputy Chief Military Observer for UNOMIG

United Nations Military Observer Group in India and Pakistan (UNMOGIP) (2008)

Nomination for post of Chief Military Observer for UNMOGIP

Single Payment Scheme Payments

Questions (340)

Frank Feighan

Question:

340. Deputy Frank Feighan asked the Minister for Agriculture, Food and the Marine the reason a €1,000 single farm payment has ceased in respect of person (details supplied). [19978/14]

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Written answers

My Department carried out an examination of land parcels declared under the Single Payment Scheme and other area-based Direct Payment Schemes. As part of this review an ineligible area was identified and removed from a parcel declared by the person named for the scheme year 2009. The person named was notified of this decision and of their right of appeal. Following an appeal from the applicant, my Department has carried out a review of the case and has partly accepted the appeal submitted. The penalty has been reduced down from €954.13 to €183.88. Therefore, the applicant is due a refund of €770.25, which will issue shortly.

Single Payment Scheme Payments

Questions (341)

Dan Neville

Question:

341. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine if full complement of single farm payments will issue in respect of a person (details supplied) in County Limerick. [20007/14]

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Written answers

Under the Terms and Conditions of the Single Payment Scheme, an applicant, as well as meeting the Scheme criteria, is required to comply with EU regulatory requirements relating to Cross Compliance. A report detailing the findings of an inspection by Limerick County Council on 16 January 2013 was received by my Department on 4 April 2013. This report detailed breaches of cross compliance requirements in relation to Nitrates Regulations and the requirement to maintain lands in Good Agriculture and Environmental Condition.

The breaches under the Nitrates Regulations were reported in relation to the maintenance of records, the inadequate collection of soiled water, livestock manure and organic fertiliser and the stockpiling of farmyard manure on land in breach of regulations governing buffer zones. The breaches were deemed serious and intentional resulting in a 60% penalty being determined.

The inspection report also detailed a breach relating to the requirement to maintain lands in Good Agricultural and Environmental Condition due to evidence of poaching of lands. This resulted in a 5% penalty being determined. However as a similar breach had been recorded at an inspection in 2012 rules regarding repetition were applied which resulted in a 15% penalty being recorded.

Overall, these breaches resulted in a 75% penalty being applied against the 2013 Single Payment Scheme. The person named was notified of this decision on 16 May 2013. The person named appealed this decision and was notified of the outcome of the review, which was to uphold the original decision, on 6 February 2014. The person named has appealed this outcome to the independent Agriculture Appeals Office and that office will be in contact with the person named in due course to arrange an oral hearing.

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