Written Answers Nos. 72-90
72. Deputy Róisín Shortall asked the Minister for Social Protection the savings that have so far been achieved from the introduction of section 13 and section 14 of the Social Welfare and Pensions Act 2014; and when these sections of the Act were commenced. [24071/14]
View answerPresently the department are preparing for implementation and it is intended to commence Section 13 and 14 of the Social Welfare and Pensions Act, 2013 inside the next two months.
It is estimated that the measure will result in €20 million approx. annually being recovered by the Department.
73. Deputy Seán Ó Fearghaíl asked the Minister for Arts, Heritage and the Gaeltacht if he will give consideration to the proposals made in correspondence (details supplied) regarding raised bogs; if he will act upon recommendations made; and if he will make a statement on the matter. [24041/14]
View answerAs the Deputy will appreciate, there are certain constraints associated with replying to a 'details supplied' Question of this nature. The proposals referred to by the Deputy relate to a draft national plan, which was published by Government earlier this year for a period of public consultation, along with an associated draft national strategy and review.
Almost 1,500 submissions have been received as part of this consultation process and work has begun on analysing the submissions. This correspondence supplied by the Deputy will be included as part of that process.
In order for the draft national plan to be finalised, site specific management plans must be prepared, which will determine, for example, whether or not there is a case to be made under Article 6.3 or 6.4 of the Habitats Directive for continued cutting on the site in question and what approach will be taken to site restoration.
The proposals made in the correspondence referred to in the Deputy's Question will be discussed with the local community as the relevant site specific management plan is being prepared. It is hoped that the plan can be finalised quickly, with engagement from all stakeholders.
74. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta an bhfuil sé i gceist aige síneadh a chur le conradh Aer Árann le seirbhís aeir a chur ar fáil chuig Oileáin Árann, agus na moltai atá sa tuarascáil a foilsíodh le gairid agus an t-achar gearr atá fágtha sa gconradh reatha mura gcuirtear síneadh leis á gcur san áireamh; agus an ndéanfaidh sé ráiteas ina thaobh. [24067/14]
View answerMar is eol don Teachta, d'fhoilsigh mé an tuarascáil athbhreithnithe a rinne EY ar an tseirbhís aeir d’Oileáin Árann faoi Oibleagáid Seirbhíse Poiblí ar an 28 Bealtaine. Tá an tuarascáil curtha ag mo Roinn faoi bhráid an Choimisiúin Eorpaigh i gcomhréir le Rialacháin an Aontais Eorpaigh 1008/2008/EC.
Beidh na moltaí atá sa tuarascáil á scrúdú go mion ag mo Roinn sa tréimhse atá romhainn sula dtógtar cinneadh maidir leis an gcéad chéim eile. Tá an conradh aerseirbhíse reatha i bhfeidhm go 30 Meán Fómhair 2014 agus tá sé de rogha ag mo Roinn síneadh bliana a chur leis.
75. Deputy Pat Deering asked the Minister for the Environment, Community and Local Government if he will instigate a review of the electoral register in view of the large number of mistakes that are continuously appearing; and if he will consider using PPS numbers in future to identify those who are eligible to vote. [23978/14]
View answerIn law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the register. This is done on an ongoing basis in accordance with the Electoral Acts. There is no provision for linking the electoral register to PPS numbers.
The Programme for Government contains a commitment to establish an Electoral Commission to subsume some of the functions of existing bodies and my Department, including provisions in respect of the electoral register. Matters associated with the registration process, including linking the register to PPS numbers, would then be appropriate for consideration by the Electoral Commission.
76. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government his plans to include the architectural technologist profession in the band of professionals which are to be accepted by legislation to certify the design and compliance of buildings; and if he will make a statement on the matter. [24003/14]
View answerThe statutory certificates of compliance prescribed under the Building Control (Amendment) Regulations 2014 must be signed by a registered professional i.e. a person who is included on the statutory registers of architects or building surveyors, as maintained by the Royal Institute of Architects in Ireland (RIAI) and the Society of Chartered Surveyors Ireland (SCSI) respectively under the Building Control Act 2007, or of chartered engineers, as maintained by Engineers Ireland (EI) under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969.
Architects, Building Surveyors and Chartered Engineers are the construction professions typically involved in the design of construction works in Ireland and reliance on these professions in regulation is therefore appropriate.
Architectural Technology is not currently classed as a regulated profession in Ireland which means that there is no designated competent authority which has the power to approve or restrict access to the profession in Ireland under national or EU law. It is understood that at least two professional bodies, the Chartered Institute of Technologists (CIAT) and the Royal Institution of Architects of Ireland (RIAI), include architectural technologists in their membership.
In recent weeks both the CIAT and the RIAI have independently signalled to my Department their intention to establish separate voluntary registers of architectural technologists with a view to having these registers recognised in law in due course. While not directly involved in the development of the proposals to date, my Department is now to give immediate detailed consideration to the matter of the prospective registers and will engage with both professional bodies and other relevant stakeholders in relation to the matter shortly.
It should of course be noted that inclusion on the existing statutory registers is not confined to members of the registration bodies concerned. A variety of routes to registration exist and Ireland is unique in this regard in providing open routes for those who can demonstrate that they have acquired the requisite experience and competence in the design and surveying of buildings to become registered. A significant number of Architectural Technologists have succeeded to date in becoming registered.
I would therefore encourage those Architectural Technologists who consider they possess the requisite competence in the design of construction works to contact EI, RIAI and SCSI in order to pursue registration so that they can avail of the many opportunities in relation to the new roles of Design Certifier and/or Assigned Certifier that are now available to registered construction professionals as a consequence of the Building Control (Amendment) Regulations 2014.
77. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if the appointment of the Society of Chartered Surveyors of Ireland admissions board has been completed; and if he will make a statement on the matter. [24014/14]
View answerThe Building Control Act 2007, among other things, requires me to appoint an independent chair and to nominate a majority of independent members to the Admissions Board referred to and I notified the Society of Chartered Surveyors of Ireland (SCSI) of my decisions in this regard on 26 February 2014. The establishment and functioning of the Admissions Board is a matter for the registration body and my Department has been advised by the SCSI that the board has been fully inducted and meeting regularly since late March 2014.
78. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government in view of the new building regulations the measures in place to regulate the professional fees of engineers retained by persons in the course of constructing their own homes; and if he will make a statement on the matter. [24021/14]
View answerThe costs of construction activity and related professional services are determined by market forces and I am precluded by trade and competition law from introducing any measures which would interfere with the normal functioning of the market in that regard.
A number of cases have, however, been brought to my attention whereby consumers have been quoted exorbitant charges for professional services in relation to residential construction projects. I am concerned to ensure that in such cases the introduction of the new regulations is not exploited entirely inappropriately to quote for excessive services. While the new regulations will support improved competence and professionalism, which will provide additional work opportunities for competent practitioners and construction professionals, homeowners should not have to pay an inflated rate for excessive inspection services. In this regard, I have asked my Department as a matter of urgency in conjunction with the Housing Agency and the construction professional bodies, to prepare guidance on an appropriate inspection plan for a single, stand-alone dwelling. This will inform the market in relation to offering realistic and appropriately priced professional services for such work. I understand that the construction professional bodies are already well advanced in terms of providing similar guidance on this and other matters relevant to the new arrangements for building control. I have asked my Department to keep the issue under close and continuing review.
79. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the number of persons who were employed in carrying out the count and the election monitoring during the recent local and European elections that were taken from the ranks of the unemployed. [24039/14]
View answerThe primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within that framework, the relevant returning officers are responsible for all matters in connection with the actual conduct of elections, including the selection, appointment and training of polling station and count staff in accordance with the relevant provisions of electoral law.
While my Department does not compile statistics on employment provided after each election, it routinely issues guidance to Returning Officers in advance of each election and referendum. The guidance issued for the European Parliament and local elections held on 23 May 2014 emphasised that the smooth conduct of polls is dependent on maintaining a cadre of sufficiently skilled and experienced people. Having regard to that overall objective, returning officers were advised to employ competent and efficient persons as polling and count staff and asked to give consideration, where possible, to employing suitable persons who were unemployed, particularly for the position of polling clerk where the responsibilities of the post can be fulfilled under the guidance of the Presiding Officer.
80. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government if a person, who availed of the rural local authority housing scheme in which the applicant provided the site and the local authority constructed the house for the applicant, is entitled to compensation for any additional value added to the property by the tenant when the tenant moves out of the house and signs over any claim to the house to the local authority. [24043/14]
View answerIn the case of a house provided by a local authority to a person in need of social housing in a rural area, both the site and the property are vested in the authority and the normal landlord/tenant relationship applies. No structural changes, adaptations or extensions may be undertaken to the property without the prior consent of the local authority.
The local authority is responsible for the management and maintenance of their social housing stock. I have no function with regard to the details of individual tenancy arrangements which might apply in the case referred to.
81. Deputy John McGuinness asked the Minister for Defence his views in relation to the issues raised regarding contract soldiers; if he will restructure their pay and conditions; if he has discussed the issues with the Defence Forces; and if he will make a statement on the matter. [24054/14]
View answerThe terms and conditions of members of the Permanent Defence Force are dealt with in the context of the Conciliation and Arbitration Scheme. The Scheme is comprised of Officials from the Department of Defence, Department of Public Expenditure and Reform, Military management and the Representative Associations.
The unsatisfactory age and fitness profile of the Permanent Defence Force was an issue of serious concern during the 1990’s and was the subject of severe criticism by a series of external reports, mainly Price Waterhouse Consultants and the Efficiency Audit Group (EAG). One of the key areas identified for urgent action by the EAG was the development of a manpower policy with an emphasis on lowering the age profile of Permanent Defence Force personnel. The EAG’s report was accepted by Government in 1995. In an effort to alleviate the situation, the Government had already decided in 1993 to enlist personnel on a five year contract basis, following consultation with Permanent Defence Force Other Ranks Representative Association (PDFORRA). In 1997 agreement was reached with PDFORRA on a new manpower policy for the Defence Forces. This policy, applying to personnel enlisted after 1 January 1994, provided that service for Private Soldiers would initially be for five years with the option to be extended to a maximum of twelve years, subject to meeting standards of medical and physical fitness and conduct. Longer periods of service were envisaged for Non Commissioned Officers.
In 2004 PDFORRA submitted a claim under the Conciliation and Arbitration Scheme for a further review of the terms of service applying to personnel enlisting in the Permanent Defence Force after 1 January, 1994. A set of criteria was agreed with PDFORRA to provide longer careers for those who enlisted post 1 January 1994 while continuing to address the Government’s objective of having an appropriate age profile to meet the challenges of a modern Defence Forces.
The criteria require that any person re-engaging after 12 years service must be able to continue to operate at their current level both at home and overseas on an ongoing basis. Re-engagement is subject to the individual soldier meeting specified criteria in regard to physical fitness, medical category, successful completion of military courses of instruction, service overseas and conduct ratings.
The maximum service period for these personnel is as follows:
- Enlisted Personnel, up to and including the rank of Corporal (and equivalent Naval Service rank), may not serve beyond 21 years service;
- Enlisted Personnel, in the rank of Sergeant (and equivalent Naval Service rank), may be permitted to continue in service up to the age of fifty years;
- Enlisted Personnel in all higher ranks may serve to the age of fifty-six.
With the approach of 2015 the first effects of the agreement, whereby Privates and Corporals may not serve beyond 21 years, will be felt by Permanent Defence Force members in those ranks. A claim has been received from PDFORRA for a further review in relation to this matter. In accordance with normal procedures the Association’s claim is being dealt with under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force. As discussions under the Scheme are confidential to the parties involved, it would not be appropriate for me to comment on the matter at this time, other than to emphasise that in dealing with this issue the manpower and operational needs of the Defence Forces must be the primary consideration.
82. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under the disadvantaged area based payment for 2013 will be paid in respect of a person (details supplied) in County Galway; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [24008/14]
View answerThe payment in respect of the 2013 Disadvantaged Areas Scheme issued to the nominated bank account of the person named on 17 April 2014. As the application of the person named contained a small over-declaration, the payment was reduced accordingly. The person named was notified of this over-declaration in writing including details of his right of appeal. I have also arranged to have an official of my Department make direct contact with the person named regarding the matter.
83. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment will issue under AEOS 3 to a person (details supplied) in County Galway; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [24009/14]
View answerThe person named was approved for participation in the Agri-Environment Options Scheme (AEOS 3) with effect from 1 May 2013.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have been successfully completed in respect of 2013 and payment will issue shortly.
84. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine the circumstances of a case where a person (details supplied) in County Offaly has not been paid a single farm payment for over five years; and if he will make a statement on the matter. [24020/14]
View answerThe person named submitted Single Payment Scheme (SPS) applications in both 2009 and 2010. During the processing of those applications, it was discovered that the lands declared were also declared on the application of another party. Following an investigation the person named agreed that he did not have the right to declare this land and the person named did not qualify for payment in 2009 or 2010.
Under the terms and conditions of the SPS it is a requirement that each entitlement be used once in any two year period. Since the person named did not meet this requirement his entitlements were surrendered to the National Reserve. A letter explaining the position was sent to the person named on 1 February 2011 and also advised him of how to get further information. In 2011, 2012 and 2013 the person named did not acquire any other entitlements and consequently was not eligible for payment under the SPS for those years.
85. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if his Department was made aware of problems with the online single payment form system in 2014, particularly where changes had to be made to maps; if his Department received many complaints prior to the closing date; and if he will ensure improvements are made regarding ease of use. [24026/14]
View answerThere were no general issues regarding the mapping element of my Department’s online application system for the 2014 Single Payment Scheme. That said there were a small number of individuals who reported access difficulties. In all instances these difficulties transpired to be browser-related. In this regard callers to the dedicated Agfood.ie helpdesk, who reported such problems were advised to switch to the recommended browser.
It is important to highlight the fact that aside from the dedicated help line, online users also have access to the online user guide, which is a step by step guide to each stage of the process, including screenshots to assist the user.
The online system continues to be a great success, with a record 80,000 applications submitted under the 2014 Scheme. This represents an eleven-fold increase since the system was launched in 2007, each year bringing record numbers of online applications. Initially, farmers and their approved agents were attracted to iNet by the fact that it guaranteed immediate, verifiable receipt by my Department of their applications and, through the system of in-built validations, significantly reduced the numbers of errors that could be made, thereby ultimately leading to speedier payment. The introduction in 2012 of an on-line mapping element allowed farmers, or their agents, who needed to submit maps to the Department, to do so through iNet, thereby dispensing with the need to submit paper maps. While over 13,000 maps submitted online last year, this number increased to over 15,500 this year.
My Department remains committed to the continued ongoing development of iNet, to the mutual benefit of farmers and the efficient operation of payment systems.
86. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if the EU Commission has indicated that it intends imposing a fine or penalty on Ireland arising out of map discrepancies on the single farm payment maps; the indicated size of the fine in question; when the Commission first indicated the imposition of a fine or penalty; the indicated amount of the fine or penalty; and if he will make a statement on the matter. [24068/14]
View answerThe Deputy will be aware of the value of the EU funded Direct Payment Schemes to Ireland. Each year farmers in Ireland benefit from funding of over €1.5 billion under Schemes such as the Single Farm Payment Scheme, the Disadvantaged Areas Scheme, the Agri-Environment Schemes, etc. This comprises the entire net income of many thousands of Irish farmers.
The European Commission has an obligation to ensure that Member States manage and use the EU funding granted to them in accordance with the very restrictive provisions governing the Schemes and general financial provisions. Under the Common Agricultural Policy, this is done by way of a Clearance of Accounts procedure. This is a formal process and both the Commission and Member States are obliged to adhere to the requirements laid down in the legislation. In general, the process involves audit missions to the Member State by Commission officials; follow-up correspondence between the two parties on the findings of the mission and the observations and remedial actions undertaken by the Member States. There is also a formal bi-lateral meeting between the two parties followed by further correspondence. At the end of this phase, the Commission issues its letter of findings; as indicated, this letter issued very recently. The Member State has the right to ask for the matter to be reviewed by the Conciliation Body. This body will review the case and seek written and oral observations from each party. It will make its recommendations and the Commission will consider these before arriving at its final definitive decision.
In the case of Ireland, the Clearance procedure is currently covering five financial years involving the 2008 to 2012 scheme-years. I can confirm that my Department has been informed of a potential flat rate financial correction that the EU Commission may impose on Ireland in respect of the period 2008 to 2012 covering EU direct aid for the period of some €9 billion. I can assure the Deputy that every effort is being made to ensure that Ireland’s case and the position of Irish farmers is strenuously argued during the process. I can also reassure the Deputy that every effort is being made to protect the interests of all Irish farmers during the process including the interest of that majority of farmers, who were fully compliant in the declarations they made on an annual basis under the Schemes. During the years 2002 to 2012, the Commission imposed financial corrections amounting to almost €5 billion on Member States. Ireland’s share of this total amounted to €25.6 million (or 0.5% of the total amount corrected – one of the lowest percentages among Member States). Under the EU Regulations, the Commission has to right to impose a flat-rate correction of 2%, 5%, 10% or greater depending of its assessment of the risk to the EU Fund involved – a 2% correction on the 2008 – 2012 scheme years would mean, according to the Commission’s figures, a loss of €182m in funding to Ireland. On the other hand, the level of the correction can be based on the assessed risk if the Member State can establish the risk and the Commission are satisfied with the calculations. In such circumstances, if the risk is dealt with by the Member State by collecting the debts arising from the over-payments, the amounts collected is taken into account by the Commission in its final assessment. This is the approach Ireland is following.
I am strongly of the view that a flat rate correction is not justified considering the work already carried out by my Department in order to accurately assess the calculated risk involved and the actions taken to eliminate that risk. A detailed case is being prepared for the EU Conciliation Body (which mediates on these corrections), which will argue strongly from both a legal and technical viewpoint that a flat rate correction is not justified for Ireland.
No final decision is expected until late in the year and in the meantime every effort will be made to keep any correction to an absolute minimum, recognising the vast amount of work which has been carried out to date by my Department to address land eligibility.
87. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Mayo will be approved a forestry contract; and if he will make a statement on the matter. [24076/14]
View answerThe application by the person named, under the afforestation scheme, is currently being considered and a decision will be made as soon as the necessary consultative process and examination have been completed.
88. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Clare will receive a disadvantaged area payment this year as they have now resolved their stock density issue; and if he will make a statement on the matter. [24081/14]
View answerApplicants under the 2013 Disadvantaged Areas Scheme were required, inter alia, to have achieved a minimum stocking density of 0.3 livestock units per forage hectare in 2011, or have successfully applied for derogation. As the person named was unsuccessful in their derogation application, no payment is due to the applicant under the 2013 Scheme.
89. Deputy Robert Troy asked the Minister for Justice and Equality if she will reverse the decision to remove the patrol car attached to Ballynacargy, County Westmeath Garda station. [23987/14]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
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. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
As the Deputy will be aware, a further €9m was secured towards the end of 2013 for investment in the Garda fleet. This investment resulted in the purchase of 305 new Garda vehicles, at a cost of €5 million. These were in addition to the 133 Garda vehicles which had already been procured during the year. The remaining €4 million has been made available for the purchase and fit out of Garda transport in 2014.
I am advised by the Garda authorities that these new vehicles are currently being allocated across Garda Divisions in accordance with operational requirements throughout the country.
90. Deputy Catherine Murphy asked the Minister for Justice and Equality if, in relation to the recent public disclosure that the remains of several hundred children are located at the site of the former Bon Secours institution in Tuam, County Galway, An Garda Síochána has initiated an immediate investigation; if the site has been isolated as a crime scene; if forensic examinations are under way; the assistance the Government can provide in terms of identifying each set of remains, tracing relatives, and providing for proper burial; and if she will make a statement on the matter. [23997/14]
View answerWhile I understand that the matters referred to by the Deputy are not the subject of a criminal investigation, as the Deputy will be aware, relevant Government Departments, including my own, have been tasked with working together in preparation for the Government's early consideration and determination of the best course of action in relation to this deeply disturbing matter.
