Thursday, 29 May 2014

Written Answers Nos. 77-101

Trade Agreements

Questions (77)

Peadar Tóibín

Question:

77. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation when Ireland will ratify the EU trade agreement with Colombia. [23600/14]

Written answers

Minister for Jobs, Enterprise and Innovation

I am advised that the Free Trade Agreement between the European Union and its Member States on the one part and the Republic of Colombia and the Republic of Peru on the other, is an agreement within the meaning of Article 29.5.2 of the Constitution. Ratification by Ireland is therefore subject to prior approval of Dáil Éireann. It is my intention to seek the necessary approval of Dáil Éireann during the course of this year.

Questions Nos. 78 and 79 withdrawn.

Domiciliary Care Allowance Applications

Questions (80)

Noel Coonan

Question:

80. Deputy Noel Coonan asked the Minister for Social Protection when an application for domiciliary care allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [23547/14]

Written answers

Minister for Social Protection

An application for domiciliary care allowance (DCA) was received from the person concerned on the 19th March 2014. This application is currently with a Deciding Officer who will shortly make a decision on the application. As soon as the decision is made the person concerned will be notified of the outcome.

Carer's Allowance Appeals

Questions (81)

Ciaran Lynch

Question:

81. Deputy Ciarán Lynch asked the Minister for Social Protection when a determination will be made on an appeal for carer's allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [23562/14]

Written answers

Minister for Social Protection

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer's decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Invalidity Pension Appeals

Questions (82)

John Browne

Question:

82. Deputy John Browne asked the Minister for Social Protection if she will arrange to have the appeal for invalidity pension in respect of a person (details supplied) in County Kilkenny investigated as expeditiously as possible where medical evidence has been submitted to her Department in support of the claim; and if she will make a statement on the matter. [23564/14]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21st May 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Invalidity Pension Appeals

Questions (83)

Brendan Griffin

Question:

83. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a decision on an invalidity pension application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [23570/14]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 16th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Question No. 84 withdrawn.

Invalidity Pension Appeals

Questions (85)

Willie Penrose

Question:

85. Deputy Willie Penrose asked the Minister for Social Protection the position regarding a social welfare appeal in respect of a person (details supplied) in County Westmeath in relation to their claim for invalidity pension; if same will now be expedited; and if she will make a statement on the matter. [23592/14]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 21st May 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Fuel Allowance Expenditure

Questions (86)

Thomas P. Broughan

Question:

86. Deputy Thomas P. Broughan asked the Minister for Social Protection if she will provide a breakdown of the estimated cost to the Exchequer of increasing the number of weeks for which fuel allowance will be available to eligible recipients by a further two, four and six weeks. [23596/14]

Written answers

Minister for Social Protection

The annual cost of increasing the duration of the fuel allowance season by 2 weeks, 4 weeks and 6 weeks, is estimated, based on expenditure data on the scheme in the year to date, to be €8.2 million, €16.4 million and €24.6 million, respectively.

Social Welfare Appeals Waiting Times

Questions (87)

Thomas P. Broughan

Question:

87. Deputy Thomas P. Broughan asked the Minister for Social Protection her plans to increase the number of appeals officers working in the Social Welfare Appeals Office this year or in 2015. [23597/14]

Written answers

Minister for Social Protection

The workload of the appeals office has increased dramatically in recent years. Up to 2009 the average number of appeals received was 15,000 per annum, whereas in 2012 the number of appeals received peaked at 35,484, reducing to 32,777 appeals in 2013. This has placed considerable pressure on the office.

Significant effort and resources have been devoted to reforming the appeals process to manage this increased workload, reduce backlogs and improve appeals processing times for appellants, while, at the same time, recognising the need to ensure that quality and fairness are not compromised. An additional 15 Appeals Officers have been assigned to the office over the past three years, in addition to 10 former Community Welfare Service Appeals Officers who joined the appeals office in 2011, bringing the total number to 41. There are no plans at this point to further increase the number of appeals officers in the Social Welfare Appeals Office.

A new operating model has been introduced in the appeals office and a major programme of process redesign and modernisation is also underway in the Department in relation to many of its scheme areas, aimed at reducing backlogs and reducing the time taken by the Department to respond to requests from the appeals office for submissions in relation to appeals. These measures have achieved significant improvements. The number of appeals cases processed in 2013 increased by 18%, to over 38,400. The average processing time for appeals peaked in 2011 when the average time for an oral hearing was 52.5 weeks and for a summary decision was 25.1 weeks. In 2012 the average time for an oral hearing dropped to 39.5 weeks and the time for a summary decision increased slightly to 27.8 weeks. This improvement has continued in 2013 with the processing time reducing to 33.9 weeks for an oral hearing and 25.8 weeks for a summary decision. Processing time has continued to improve in 2014. As at 30 April 2014, the time take to process an appeal requiring an oral hearing had reduced to 29.7 weeks and 22.6 weeks for a summary decision.

In addition to the improvements in processing times mentioned above, these measures have also led to a significant increase in the number of appeals finalised in the appeals office from 17,787 in 2009 to 38,421 in 2013. An additional 5,863 appeals were finalised in 2013 compared to 2012. Good progress also continues to be made in reducing the number of appeals on hands from 20,414 at 1 January 2013 to 13,042 at 26 May 2014.

Carer's Allowance Appeals

Questions (88)

Seán Ó Fearghaíl

Question:

88. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will allow an appeal of an application for carer's allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23602/14]

Written answers

Minister for Social Protection

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th March 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Question No. 89 withdrawn.

Carer's Allowance Applications

Questions (90)

Bernard Durkan

Question:

90. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will facilitate an appeal against the decision to refuse carer's allowance in the case of a person (details supplied) in County Kildare who has serious health issues requiring constant care and attention and having regard to the fact that they suffered serious injury arising from their illness; if a carer's allowance application in their daughter's name can be expedited; and if she will make a statement on the matter. [23631/14]

Written answers

Minister for Social Protection

I confirm that the department received an application for carer's allowance from the person in question on the 10th April 2014. The application is with a deciding officer for a decision. Once processed, the person concerned will be notified directly of the outcome.

Rent Supplement Scheme Eligibility

Questions (91)

Bernard Durkan

Question:

91. Deputy Bernard J. Durkan asked the Minister for Social Protection if any portion of rent allowance is payable in the case of a person (details supplied) in County Kildare who is separated and received a settlement in lieu of their entitlement to the family home; if rent support will be offered prior to the exhaustion of that settlement; and if she will make a statement on the matter. [23632/14]

Written answers

Minister for Social Protection

The client concerned has not made an application for rent supplement to the Department. In order for the client to receive an informed decision, all pertaining information regarding the application must be sent to the Mid Leinster Rents Unit, PO Box 11758, Dublin 24. A rent supplement booklet has been posted to her in order to facilitate the application. A decision on eligibility can be made when all information is forwarded.

Industrial Disputes

Questions (92, 93)

Aengus Ó Snodaigh

Question:

92. Deputy Aengus Ó Snodaigh asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the fact that strike action has been voted for by the 35 security and cleaning staff of the National Gallery of Ireland, starting 5 June, as a consequence of the gallery management's attempt to reduce staff members' annual leave below a nationally agreed standardisation of 32 days and its attempt to remove a premium payment received by staff for St. Stephen's Day; and the steps he will take to ensure the this national cultural institution is not out of step with the national public sector agreement regarding pay and conditions. [23607/14]

Aengus Ó Snodaigh

Question:

93. Deputy Aengus Ó Snodaigh asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the fact that strike action has been voted for by the 35 security and cleaning staff of the National Gallery of Ireland, starting 5 June, as a consequence of the gallery management's attempt to reduce staff members' annual leave below a nationally agreed standardisation of 32 days; and the steps he will take to ensure this national cultural institution is not closed to the visiting public at the height of the tourist season. [23608/14]

Written answers

Minister for Arts, Heritage and the Gaeltacht

I propose to take Questions Nos. 92 and 93 together.

Whilst my Department provides funding to the National Cultural Institutions, the board of each institution is responsible for all operational matters. Accordingly, I have no direct function in matters such those as outlined by the Deputy. I am given to understand, however, that the key issue centres on the implementation of a Labour Court Recommendation concerning rationalisation of local arrangements outside the sectoral norm.

I understand that ongoing discussions are taking place between all relevant parties in an attempt to resolve the issue involved. I do, of course, share the concern expressed by the Deputy regarding loss of access for the visiting public and would urge the parties to make every effort to avoid any such eventuality.

Fisheries Protection

Questions (94)

Caoimhghín Ó Caoláin

Question:

94. Deputy Caoimhghín Ó Caoláin asked the Minister for Communications, Energy and Natural Resources his plans to introduce legislation, or arrange for the introduction of a by-law, that would protect the wild trout population in the Annalee, Bunnoe and Laragh rivers in County Cavan; if he will engage directly with the representatives of the Cavan, Laragh and Bunnoe anglers clubs to this end; and if he will make a statement on the matter. [23572/14]

Written answers

Minister of State at the Department of Communications, Energy and Natural Resources

I am advised that Inland Fisheries Ireland (IFI) has received requests from three clubs in Cavan, namely the Bunnoe, Laragh and Cavan Anglers, seeking the introduction of Bye-laws relating to minimum size limit and daily bag limits for sections of the Upper Erne catchment. I am also advised that it appears that the intention of the proposed Bye-laws is to protect and preserve the wild trout population in the river sections identified by the Clubs. I have very recently received, from IFI, a draft national policy on brown trout which is being reviewed in the Department. The requests from the three Clubs would appear to be consistent with the conservation ethos which the draft policy seeks to underpin and consideration will be given to accommodating the Clubs' proposals in line with the recommendations of the draft policy. Proposed Bye-laws are informed by available appropriate scientific advice regarding size and bag limits for the relevant waters on the basis of stock assessment and spawning characteristics.

IFI also advise that, arising from the draft national trout policy review and any revision to national regulations which results, that the introduction of an comprehensive Bye-law for trout for the Upper Erne might be preferable to putting in place a range of disparate Bye-laws for the numerous waters in the area. Any proposed Bye-laws will also be subject to the required appropriate period of public consultation that will allow all relevant stakeholders to make input to the proposals. In addition, issues such as access to and ownership of fisheries will also need to be clarified and addressed.

Water Charges Administration

Questions (95)

Ciara Conway

Question:

95. Deputy Ciara Conway asked the Minister for the Environment, Community and Local Government if persons who suffer from Crohn's disease will be entitled to an increased free allowance of water usage in view of the specific needs and complications of that condition; and if he will ensure persons with this and other bowel conditions receive a generous extra allowance as required by the condition; and if he will make a statement on the matter. [23550/14]

Written answers

Minister for the Environment, Community and Local Government

With effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.

The Government has decided, following consideration of proposals in relation to the funding model for Irish Water to provide a free allowance of 30,000 litres of water supplied and waste water treated per annum for a primary residence on a public supply. The Government has also decided to provide for an additional free allowance to cover the normal usage of water services by every child in their primary residence based on the same qualifying conditions as child benefit, such that water charges will in effect only apply to adults in such households. Based on estimated normal consumption, the allowance being provided will be up to 38,000 litres per annum. This level of consumption will be verified over time through actual data from metering.

The Government has also decided that bills will be capped at the relevant assessed charge level for those customers with particular medical conditions which necessitate high water usage. Qualifying medical conditions will be set out, following consultation with the Minister for Health and the Health Services Executive.

Capital Assistance Scheme Applications

Questions (96)

Ciaran Lynch

Question:

96. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government if he will fund the full extent of the refurbishment and redevelopment of Edel House in Cork under CAS; the funding stages involved; the way it is intended to manage the project; and if he will make a statement on the matter. [23576/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

On 21 May 2014, I announced details of capital allocations to local authorities of €46 million which will support the delivery, by Approved Housing Bodies, of some 416 units of accommodation under my Department's Capital Assistance Scheme (CAS) work programme for 2014-2015. I approved €2.2 million in respect of Phase 1 of Edel House in Cork City, which will provide 15 units of accommodation for persons with specific categories of housing need. Further phases of this project, which is designed to deliver a total of 33 units of accommodation for the Good Shepherd Services, will be considered in the context of the CAS projects to be advanced over the 2015-2016 period.

National Volunteering Strategy

Questions (97)

Michael McCarthy

Question:

97. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government his plans to develop a national volunteer strategy; and if he will make a statement on the matter. [23580/14]

Written answers

Minister for the Environment, Community and Local Government

The Government continues to advance a range of measures that support volunteering and active citizenship. My Department funds a network of twenty one volunteer centres. It also provides funding to Volunteer Ireland, the national volunteer development agency. The focus of Volunteer Ireland is to create an enabling environment for volunteering, to develop an ethos of volunteerism across all sectors of society and to be an independent and legitimate voice for volunteering. The volunteer centres act as 'brokers' between potential volunteers and organisations seeking volunteers. They also work with organisations to develop their volunteer management capacity and facilitate Garda vetting for smaller organisations.

My Department is currently undertaking a review of the existing policy on volunteer centres. Following this review, work will begin on drafting a new Departmental policy with a view to developing a consistent and sustainable nationwide approach to supporting and promoting volunteering.

Common Agricultural Policy Reform

Questions (98)

Seamus Kirk

Question:

98. Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the severe implications for intensive cereal growers from the greening proposal in the next phase of the Common Agricultural Policy; if he is contemplating any changes to the payment regime; and if he will make a statement on the matter. [23559/14]

Written answers

Minister for Agriculture, Food and the Marine

Following the agreement reached on the Reform of the Common Agricultural Policy, the Single Payment Scheme will be replaced by the Basic Payment Scheme. In addition to the Basic Payment Scheme, Member States must introduce a 'Payment for Agricultural Practices beneficial for the Climate and the Environment' or greening, as it is more commonly known. Farmers who participate in the Basic Payment Scheme must implement the three standard greening measures as follows:

- Protection of permanent grassland

- Crop diversification

- Ecological Focus Area (EFA).

In general, the greening provisions apply mainly to arable farmers excluding small-scale arable growers. There are, however, a number of exemptions whereby arable farmers will be exempt from greening of which the following are the most significant for Irish farmers:

- Where more than 75% of the eligible land of the holding is permanent grassland, provided the arable area not covered by these uses does not exceed 30 hectares.

- Land that is subject to organic farming practices automatically fulfils all greening requirements.

Permanent grassland is defined as land that has not been included in the crop-rotation of a holding for five years or more.

In Ireland, I decide that the obligation to maintain permanent grassland would be applied at national level rather than at individual or regional level. Under the provisions of the Regulations, Member States, who apply the provisions at national level – like Ireland - must ensure that the ratio of permanent grassland to total agricultural area shall be maintained and that this ratio shall not decrease by more than 5% compared with the 2012 ratio of permanent grassland to total agricultural area. Based on the current situation, this is unlikely to decrease by more than 5% in the foreseeable future. Therefore there is no obligation imposed on individual farmers to meet this requirement at this stage.

There is no crop diversification requirement where a farmer holds less than ten hectares of arable land. Where a farmer holds between ten and thirty hectares of arable land, he is obliged to grow at least two crops. Where a farmer holds more than thirty hectares of arable land, he is obliged to grow at least three crops. Winter and Spring Barley, for example, are considered two separate crops and temporary grassland is also classed as a separate crop group for the purpose of crop diversification. For the majority of farmers who are involved in crop rotation, the crop diversification requirement will have very little impact.

Farmers whose holdings include less than 15ha of arable land are exempt from this measure. Where a holding includes more than 15 hectares of arable land, at least 5% of that arable land is allocated to Ecological Focus Area. Land that is considered as Ecological Focus Area may include hedges, drains, buffer strips, fallow land, areas with catch crops or green cover and nitrogen fixing crops. Protein crops used for EFA purposes may also qualify for an additional payment under a Scheme of Coupled Support for Protein Crops. For the majority of farmers the 5% EFA requirement will be met with existing arrangements and no further action will be required.

Officials from my Department are engaging with farming organisations, the arable sector and the industry in general so as to ensure that measures as implemented in Ireland will take into account issues facing arable farmers.

Agri-Environment Options Scheme Payments

Questions (99)

Brendan Griffin

Question:

99. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an agri-environment options scheme 1 payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [23568/14]

Written answers

Minister for Agriculture, Food and the Marine

The person named was approved for participation in the 2010 Agri-Environment Options Scheme with effect from the 1st September 2010 and full payments have issued in respect of the 2010, 2011 and 2012 Scheme years.

During a 2013 inspection, the person named was deemed non-compliant in respect of the Planting of New Hedgerow action. A letter issued to the person named notifying them of the inspection findings and setting out the appeal option. An appeal was received but the findings were upheld. A letter issued to the person named on the 27th January 2014 notifying them of this and setting out the right of further appeal to the Agriculture Appeals Office. To date, there is no record of an appeal having being received by the Agriculture Appeals Office. AEOS Officials are now processing the application based on the Inspection findings with the intention of issuing payment in respect of 2013, less penalties at the earliest opportunity.

Herd Data

Questions (100)

Joe Carey

Question:

100. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the position regarding being locked up in relation to a herd (details supplied); and if he will make a statement on the matter. [23573/14]

Written answers

Minister for Agriculture, Food and the Marine

The herd referred to is not currently active on my Department's records. If the herd-owner concerned wishes to reactivate his status as an active herd-owner he should, in the first instance, contact the Regional Veterinary Office.

Agriculture Scheme Eligibility

Questions (101)

Heather Humphreys

Question:

101. Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Cavan will be eligible to re-enter the disadvantaged areas scheme or the areas of natural constraint scheme; and if he will make a statement on the matter. [23581/14]

Written answers

Minister for Agriculture, Food and the Marine

The person named was among those whose holdings did not achieve a minimum stocking density in 2011 of 0.3 livestock units per forage hectare, as required under the 2012 Disadvantaged Areas Scheme. Having unsuccessfully sought derogation from this requirement, he subsequently also unsuccessfully appealed to the independently chaired DAS Appeals Committee. He did not avail of his right to pursue the matter with the Office of the Ombudsman.

Following the agreement on the Reform of the Common Agricultural Policy, the Disadvantaged Areas Scheme will be replaced by the Areas of Natural Constraints Scheme (ANC) in 2015. If the person named applies for and meets the requirements of that Scheme, which will be similar to a great extent to the provisions of the current Scheme, he will be eligible to benefit from payment under the ANC Scheme from 2015 onwards.