Written Answers Nos. 533-555
533. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine his views on making lands (details supplied) in County Donegal currently in the ownership of Coillte available to the community in Donegal for the purposes of developing a community playground; and if he will make a statement on the matter. [21421/14]
View answerCoillte Teoranta was established as a private commercial company under the Forestry Act, 1988. The bulk of the State’s forestry estate was vested in Coillte, in accordance with the Forestry Act 1988, upon the company’s establishment in 1989. Day-to-day operational matters, such as the management of the forestry estate, are the responsibility of the company.
The request outlined in the question was, however, brought to the company’s attention to ascertain if it was aware of it. Coillte advised that it has had no approaches with regard to lands mentioned from any community group looking to develop playground or other such facilities. The company added that such approaches are handled at local level by the company’s forest manager who considers them in the context of Coillte’s strategic management plans for the forest and the wider Business Area Unit in which it is located.
534. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding area aid payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [21468/14]
View answerUnder the 2013 Disadvantaged Areas Scheme, applicants were required to maintain a minimum stocking density on their holding of 0.15 livestock units per forage hectare for a minimum retention period of seven consecutive months, in addition to maintaining an annual average of 0.15 livestock units calculated over the 12 months of the scheme year. Payment under the 2013 Scheme has not issued to the person named as their holding has not yet satisfied the Scheme minimum stocking density requirements. An official from my Department was in direct contact with the person named on 11 February 2014, who had enquired regarding payment. As the person named indicated that he had additional equines which would be eligible for inclusion in the stocking density calculation, he was advised to submit the relevant equine passports for noting. To date, the passports in question have not been submitted; however, immediately they are, the case will be further processed with a view to payment issuing at the earliest possible date thereafter.
535. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a herd number will issue to a person (details supplied) in County Kerry as they need a herd number to apply for the single farm payment 2014 by 15 of May 2015; and if he will make a statement on the matter. [21496/14]
View answerThe application process has now been completed in this case and the applicant is being advised of the herd number which has been allocated.
536. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine if he will consider introducing a red and yellow card system for breaches of cross compliance rather than a financial penalty at the initial stage. [21497/14]
View answerAll applicants under the Single Payment Scheme and other area based schemes are obliged to comply with the requirements of the Cross Compliance regime and my Department is required to carry out annual inspections to ensure compliance with the associated EU regulatory requirements. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually.
The rate of inspections for cross-compliance is 1% of applicants to whom the Statutory Management Requirements (SMRs) and Good Agricultural Environmental Condition (GAEC) apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements while 3% of sheep/goat farmers must be inspected covering 5% of the flock.
EU regulations governing the Cross Compliance regime prescribe a range of penalties to be applied where a non-compliance with the relevant legislative provisions has been identified. Where the non-compliance is due to negligence the penalty is 3%, which can be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the non-compliance. Where the non-compliance is determined as intentional, the standard reduction is 20%, but this can be reduced to 15% or increased to 100% depending on the extent, severity and permanence.
While a red or yellow card procedure is not provided for, a tolerance system has been developed and implemented. Where a non-compliance is deemed to be minor in nature, tolerance may be applied resulting in no financial sanction and the applicant is advised to remedy the problem. However, where the minor non-compliance is not remedied within a certain period a penalty of at least 1% is applied.
A comprehensive appeal mechanism is also in place in order to protect the interests of farmers who have difficulties with the inspection findings or who consider that the inspection has not been conducted in accordance with legislative requirements. This appeal system incorporates the option for a farmer to initially seek to have the inspection outcome reviewed internally by an officer more senior than the inspecting officer. Where the farmer remains dissatisfied, the decision can be appealed to the independent Agriculture Appeals Office and ultimately to the Office of the Ombudsman.
537. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine the number of stray horses that have been seized by Department officials in each county in the first four months of the year and the total cost involved. [21498/14]
View answerMy Department provides funding under the Control of Horses Act, 1996 to assist local authorities in implementing the provisions of the Act in relation to stray, abandoned and wandering horses. Local authorities submit claims to my Department on a quarterly basis in arrears in respect of horses seized by them in implementation of the Act.
To date completed claims in respect of January, February and March 2014 (quarter 1) have not being received from all local authorities. Claims in respect of April 2014 will be included in quarter 2 claims and are not due to be submitted to my Department until mid August 2014. No payments have issued in respect of quarter 1, 2014 to date.
However, based on the claims received to date, the following table shows the statistics for horses seized in January, February and March 2014.
|
Name of County/City Council |
No. Horses Seized 2014 |
|
Carlow |
* |
|
Clare |
13 |
|
Cork County |
77 |
|
Cork City |
39 |
|
Donegal |
2 |
|
Dublin City |
108 |
|
Dun Laoghaire Rathdown |
2 |
|
Fingal (Dublin) |
96 |
|
Galway County |
73 |
|
Kerry |
* |
|
Kildare |
146 |
|
Kilkenny |
34 |
|
Laois |
91 |
|
Leitrim |
42 |
|
Limerick City |
* |
|
Limerick County |
* |
|
Longford |
15 |
|
Louth |
37 |
|
Mayo |
* |
|
Meath |
62 |
|
Monaghan |
* |
|
Offaly |
38 |
|
Roscommon |
64 |
|
Sligo |
59 |
|
South Dublin |
* |
|
Tipperary North |
56 |
|
Tipperary South |
83 |
|
Waterford City |
18 |
|
Waterford County |
21 |
|
Westmeath |
39 |
|
Wexford |
* |
|
Wicklow |
118 |
|
Totals |
1333 |
*No claim in respect of Q1 2014 has been received to date.
538. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a single farm scheme payment for 2013 will issue in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [21582/14]
View answerMy Department received a 2013 Transfer of Entitlements application on 28 February 2014 requesting a change to the registration details on the above herd number from the name of the second person named into the names of both persons named. The application has now been processed and acceptance letters have issued. Payment will issue shortly.
539. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the number of State agencies and public bodies that have been merged or abolished in each year since 2011, under the remit of his Department; the annual savings associated with each body; and if he will make a statement on the matter. [21787/14]
View answerOf the forty six bodies listed as candidates for critical review by end of June 2012 in the Government’s Public Service Reform Plan, published in November 2011 by the Department for Public Expenditure and Reform (DPER) three from my Department were reviewed for possible abolition or merger:
- National Milk Agency - to consider abolishing or merging with Bord Bia
- Bord Iascaigh Mhara (BIM) – to consider subsuming certain functions into this Department. The marketing functions of BIM had been transferred to Bord Bia prior to the period in question.
- Irish Marine Development Office – to consider functions to be subsumed into the Marine Institute
Following the outcomes of these reviews it was decided that the National Milk Agency will not be abolished nor merged with Bord Bia. BIM’s functions will not be subsumed into this Department and as the Irish Marine Development Office was already integrated with the Marine Institute from an administrative perspective prior to the review, no further action is required.
540. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the number of public servants employed in his Department on a lower pay scale to their colleagues; and if he will make a statement on the matter. [21816/14]
View answerIn answer to the Deputy’s question, 22 of the public servants who have been recruited into my Department since 1 January 2011 were placed on a lower (NRP – National Recovery Plan) pay scale to their colleagues, in accordance with Department of Finance Circular 18/2010: Reduction of 10% in the pay rates and fixed term allowances of persons to be recruited to certain direct entry grades to the Civil Service .
In accordance with Clause 2.31 of the Haddington Road Agreement, and with a view to addressing the salary imbalance between those who entered the Public Service since 2011 and those who entered before that date, revised salary scales for each recruitment grade have been prepared by the Department of Public Expenditure and Reform. These pay scales merge the NRP pay scales for each grade with the pay scales applicable to staff recruited prior to 1 January 2011. New entrants to civil service recruitment grades, who were subject to the 2011 reduced pay rates will be assimilated to the new/revised incremental pay scale effective from 1 November 2013.
541. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the number of legal cases that have been served against his Department arising from disputes regarding pay and conditions of public servants; and if he will make a statement on the matter. [21830/14]
View answerMy Department has not been the subject of any legal proceedings arising from staff disputes involving rates of pay and terms and conditions of employment in the past three years.
542. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the current average age of full-time staff in his Department; the way this compares with the average age of public servants in each year from 2010 to 2013; and if he will make a statement on the matter. [21841/14]
View answerThe following table provides the average age of all staff across my Department from a current date. I have also provided data for the same date for each of the previous four years.
|
Year |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Average age of all staff |
46.93 |
47.38 |
47.50 |
48.35 |
48.92 |
543. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if he will provide details of all official foreign trips he and Ministers of State in his Department intend to take between now and the end of 2014; if he will detail whom they will be meeting with on these trips; the purpose of the trip; the duration of the trip; if there are plans to use all of these trips to promote Ireland as a good place for doing business and as a destination for foreign direct investment; and if he will make a statement on the matter. [21853/14]
View answerIn the context of my scheduled official foreign trips, they can be categorised into:
1. Attendance at EU Agriculture Council of Ministers Meetings, where I will promote Irish national agricultural interests:
- 19 May, Brussels
- 16/17 June, Luxembourg
- 14 July, Brussels
- 15 September, Brussels
- 29/30 September, Milan
- 13/14 October, Luxembourg
- 10/11 November, Brussels
- 15/16 December, Brussels
I will also take the opportunity of these meetings to engage with my colleagues in the Council and with the EU Commission and, where possible, the European Parliament.
2. Trade Missions and the promotion of the Irish agri-food and related sectors, including inward investment.
Two trade promotion visits in 2014 are already scheduled and outlined below. Because of some business confidential elements relating to some of these visits, I am unable to provide the Deputy with more details but the visits will include political and trade meetings.
- 28 May: UK
- 4/5 June: Netherlands
544. Deputy Sean Fleming asked the Minister for Justice and Equality the number of commercial semi-State companies under the aegis of her Department; the current value of the pension fund assets held by each commercial semi-State company; the latest funding position of each; and if she will make a statement on the matter. [20909/14]
View answerI am assuming that the Deputy is referring to semi-State bodies who have a significant element of commercial or trade activities within their remit. The bodies and agencies attached to my Department provide public services in the broad Justice area, and, as such, do not engage in any significant commercial activity.
545. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to reduce Swinford Garda station to a part-time station; and if she will make a statement on the matter. [20933/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts, the various Garda national units and of course Garda Headquarters. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have been informed by the Garda Commissioner that the personnel strength of Swinford Garda Station on 31 March 2014, the latest date for which figures are readily available, was 25. There are also 6 Garda Reserves and 1 civilian staff member attached to Swinford Garda Station. Swinford Garda Station currently provides a 24 hour policing service and I have not been advised of any proposal to change this arrangement.
546. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding a naturalisation application; and if she will make a statement on the matter. [20943/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that valid applications for a certificate of naturalisation have been received from the person referred to by the Deputy, on behalf of her minor children.
The supporting documentation that must be submitted with an application is set out in the guidance accompanying the application form. If additional documentation is required by a processing officer then this will be requested in writing.
The relevant section has been notified of the difficulties experienced by the person concerned in obtaining the requested documentation. Where the section is informed by an applicant that additional time is required to obtain requested information or documentation, additional time will in all cases be allowed. A letter is being issued to the person concerned to confirm the position.
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 specifically established 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.
547. Deputy Brendan Griffin asked the Minister for Justice and Equality her further plans for legislative reform to help fight white collar crime; and if she will make a statement on the matter. [20981/14]
View answerThe term 'white collar' crime is not formally defined. It broadly describes a range of non-violent crimes that people in positions of responsibility and trust commit for their own personal gain. It can cover fraud, embezzlement, insider trading on the stock market, bribery, corruption and regulatory offences in specialist fields such as financial activity, occupational health and safety, environmental protection, and food safety. My Department has responsibility for legislation addressing some aspects of white collar crime including fraud and corruption. Other aspects, such as insider trading, Companies Acts offences and environmental offences fall within the responsibility of other Government Departments.
There is extensive legislation on the statute book addressing white collar and corporate crime and amendments to this legislation are also considered in the light of the experience of law enforcement agencies such as the Garda Síochána and the Office of the Director of Public Prosecutions in operating the legislation and in light of relevant court rulings. Where there is an identified requirement for additional legislative provisions to further enhance existing provisions in the law, I will not hesitate in bringing forward proposals.
I would draw the Deputy's particular attention to the Criminal Justice Act 2011, as a recent example of such developments in white collar crime legislation, and one which represents an important step in delivering on the Government’s commitment to tackle white collar crime. Its main purpose is to facilitate the more effective investigation of white collar crime and to reduce associated delays. The Act provides for new procedures to facilitate Garda access to essential information and documentation to assist in current and future investigations of white collar crime. The Act is targeted at specified serious and complex offences (“relevant offences”) attracting a penalty of at least 5 years imprisonment, including offences in the areas of banking and finance, company law, money laundering, fraud and corruption. The Act will provide vital assistance to the Gardaí in the completion of current investigations as well as providing assistance to them in investigations undertaken in the future.
Another recent provision of relevance to white collar crime is Part 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013. It makes provision for the selection of up to 15 jurors to serve in a criminal trial which is likely to last more than 2 months, with 12 jurors to be selected to consider the verdict. These provisions, which give effect to a recommendation of the Law Reform Commission’s recent Report on Jury Service, are of relevance to lengthy trials involving fraud or other complex financial matters where there is a risk of jurors becoming unavailable during the course of a protracted trial.
While the breadth and diversity of the issues faced in addressing serious, organised and white collar crime are such that no one piece of legislation could effectively address it in all its facets, the overall body of legislation in place is comprehensive and, as I have outlined, is continuously under review and development in light of operational experience and other relevant considerations.
In terms of forthcoming legislation, the Prevention of Corruption Acts 1889 to 2010 will be replaced by the Criminal Justice (Corruption) Bill which will be published in the coming months. The Bill will:
- replace and update the offences of giving and receiving bribes contained in the old legislation
- address the bribery of foreign public officials
- provide for the liability of corporate bodies for the corrupt actions of their directors, employees and agents
- include discrete offences outlawing trading in influence
- take account of the Mahon Tribunal recommendations to criminalise the making of payments knowingly or recklessly to a third party who intends to use them as bribes
The Bill is also intended to enhance the ability of the DPP to bring prosecutions by providing presumptions of corrupt gifts or payments such as:
- where an interested party makes a payment to a public official;
- where a public official has a lifestyle or property out of proportion to their official income and declared interests; and
- where an official accepts a gift in breach of ethical or disciplinary codes.
Penalties of up to 10 years’ imprisonment and unlimited fines are envisaged for persons convicted on indictment. It is also intended to allow a judge to order a public official convicted of an offence to forfeit their office and exclude them from seeking public office for a period of years. These forfeiture provisions will apply to all elected and senior office holders as well as a wide range of civil and public servants.
548. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will consider the establishment of a Criminal Assets Bureau-style agency specifically empowered to help fight white collar crime; and if she will make a statement on the matter. [20982/14]
View answerInsofar as my Department's remit is concerned, I am advised that the Garda Bureau of Fraud Investigation (GBFI) is charged with investigating serious and complex fraud matters and has the resources and expertise to carry out this function. In light of this there are no plans to establish another agency with responsibilities in this field.
There is, of course, the closest of cooperation between GBFI and the Criminal Assets Bureau, and I am further advised that the Criminal Assets Bureau has been active in targeting the proceeds of deception, fraud, money laundering, bribery and corruption and other types of criminal activity commonly associated with white collar crime. The GBFI also works closely with other bodies with relevant enforcement functions, but whose legislative and regulatory functions not under my Ministerial remit, including the Office of the Director of Corporate Enforcement, the Central Bank and the Competition Authority.
The Deputy will appreciate that since my recent appointment as Minister I have been reviewing a wide range of issues relevant to serious offending in all its forms, including white collar crime, and I can assure him that I intend to continue to engage regularly with the Garda Commissioner and Ministerial colleagues with a view to ensuring that the necessary resources and measures to respond effectively are in place.
549. Deputy Charlie McConalogue asked the Minister for Justice and Equality if she will provide a Garda patrol car for Carrick-Glencolmcille area in County Donegal as it is currently without a patrol car for over three months; and if she will make a statement on the matter. [20984/14]
View answerThe provision and allocation of Garda transport is a matter for the Garda Commissioner in the context of An Garda Síochána's identified operational requirements and the availability of resources.
As the Deputy will be aware, a further €9m was secured towards the end of last year for investment in the Garda fleet which resulted in the purchase of 305 Garda vehicles towards the end of 2013, at a cost of €5 million. In this context, I am advised that 36 new vehicles will be deployed to the Northern Region, which includes the Donegal Division, in 2014.
Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. I am informed that Garda management closely monitors the allocation of such resources at both District and Divisional level to ensure that the optimum Garda service is provided to the public.
I am further informed that the needs of the Donegal Division will continue to be examined, in the context of An Garda Síochána's overall policing requirements, as and when additional resources become available.
550. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied); and if she will make a statement on the matter. [21013/14]
View answerI wish to inform the Deputy that the person referred to has no entitlement to naturalisation.
The person concerned is the subject of a Deportation Order, made on 18 September 2008, following a comprehensive and thorough examination of his asylum claim, his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
The person concerned initiated judicial review proceedings challenging the Deportation Order made in respect of him. Those proceedings were struck out in favour of the Department on 21 November 2008 and accordingly, the Deportation Order stands. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email using the Oireachtas Mail facility which has been specifically established 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 the INIS is, in the Deputy’s view, inadequate or too long awaited .
551. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in respect of an application for a visa to visit here in the case of a person in County Dublin (details supplied) who made their application one month ago and who lives in the Democratic Republic of Congo; and if she will make a statement on the matter. [21078/14]
View answerThe visa applications referred to by the Deputy were received in the Visa Office, Dublin on 22 April 2014. A decision on these applications can be expected within the next four weeks.
As advised on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie) it is recommended that visa applicants apply for their visas eight weeks before the intended date of travel. While processing times vary throughout the year, at peak processing times, such as INIS is currently experiencing, it would be expected to take the full eight weeks to process the application.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established 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.
552. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding anti-social behaviour (details supplied); and if she will make a statement on the matter. [21084/14]
View answerI am informed by the Garda authorities that the area referred to is within the Ballymun Garda Sub-District and that local Garda management has not reported an increase in public order incidents in the area.
I am further informed that a local Community Garda contacted the person referred to by the Deputy to discuss the incident in question, and that appropriate information and advice was supplied. In addition I am informed that the Community Garda provided contact details to the person in question for use if the need arises.
Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of policing policy and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour. In this regard I am advised that local Community Gardaí engage with residents, businesses and schools in the area and address any issues that arise. In addition, the area is regularly patrolled by foot, mobile and mountain bike patrols which are augmented by the Divisional Task Force and Traffic Unit.
553. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if any telephone calls in or out of her Department are being, or ever have been recorded, and if so, if she will provide details of the systems used to record and store such calls, the cost to her Department; and if she will make a statement on the matter. [21238/14]
View answerI wish to refer the Deputy to Parliamentary Question 155 of 7 May, 2014. I can inform the Deputy that a random sample of staff telephone calls to my Department's IT Helpdesk are recorded using the QFinity Desktop system in order to ensure quality of service delivery. Staff are made aware that their calls maybe recorded for training and quality purposes. There is no cost to my Department. I am advised that there is no other incident of telephone calls in or out of my Department that are being, or ever have been recorded.
554. Deputy Finian McGrath asked the Minister for Justice and Equality the reason for the significant delay in the Garda vetting process in respect of a person (details supplied) in Dublin 5; and if she will make a statement on the matter. [21294/14]
View answerI am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy was returned to the registered organisation on the 12th May, 2014.
555. Deputy Jim Daly asked the Minister for Justice and Equality the number and location of Garda stations that have closed in County Cork for each of the past ten years; and if she will make a statement on the matter. [21301/14]
View answerAn Garda Síochána’s Policing Plans for 2012 and 2013 set out the details of the then Garda District and Station Rationalisation Programme.
A total of 7 Garda Stations closed in Cork in 2012 and a further 7 in 2013. The table lists the names of the Stations which closed and the Divisions to which they were attached.
|
Year |
Station |
Division |
|
2012 |
Glenville |
Cork North |
|
2012 |
Knocknagree |
Cork West |
|
2012 |
Ballyfeard |
Cork West |
|
2012 |
Goleen |
Cork West |
|
2012 |
Inchigeela |
Cork West |
|
2012 |
Castletownsend |
Cork West |
|
2012 |
Ballygurteen |
Cork West |
|
2013 |
Barrack Street |
Cork City |
|
2013 |
McCurtain Street |
Cork City |
|
2013 |
Mallow Street |
Cork City |
|
2013 |
Rathdruff |
Cork City |
|
2013 |
Ballinspittal |
Cork City |
|
2013 |
Adrigole |
Cork City |
|
2013 |
Meelin |
Cork City |
