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Tuesday, 17 Jun 2014

Written Answers Nos. 525-547

Agri-Environment Options Scheme Conditions

Questions (525)

Michael Ring

Question:

525. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a review of an AEOS, agri-environment options scheme, file in respect of a person (details supplied) in County Mayo will be complete; if a Department official will measure the land so that the issue of alleged penalties and an overpayment can be resolved; and if he will make a statement on the matter. [25862/14]

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Written answers

The person named commenced AEOS 1 in 2010. The application was selected for compliance inspection in 2011 and again in 2013. Non compliance with the Coppicing of Hedgerows, Traditional Stone Wall Maintenance, Slurry Spreading and Tree Planting commitments were found. These were notified to the person named, who was also advised in writing of his right of appeal. The person named did not exercise that right and the application was therefore processed on the basis of the Inspection findings and the appropriate penalties applied.

The Department is obliged under Regulation to carry out inspections and to act on the results found. In the circumstances there is nothing more my Department can do as the case has been dealt with in accordance with the regulatory provisions in place, and the decision was never appealed.

Agri-Environment Options Scheme Applications

Questions (526)

Michael Ring

Question:

526. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their AEOS 3 payment; and if he will make a statement on the matter. [25865/14]

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Written answers

The person named was approved for participation in the Agri-environment Options Scheme (AEOS 3) with effect from the 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, have to be completed before any payment can issue. During these checks a query arose in respect of land parcels declared which required digitisation. This is being dealt with by my Department at present and once the digitisation process is completed, the application will be processed with a view to making payment in respect of 2013 at the earliest opportunity.

Agri-Environment Options Scheme Payments

Questions (527)

Michael Ring

Question:

527. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when persons (details supplied) in County Mayo will receive their AEOS 3 payment; and if he will make a statement on the matter. [25866/14]

View answer

Written answers

The 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. During these checks a query arose in respect of land parcels declared as Natura on the application. This has been dealt with by my Department and payment in respect of the 2013 Scheme year will issue shortly.

Animal Carcase Disposal

Questions (528)

Michael Creed

Question:

528. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if his Department will consider reimbursing dairy farmers for slaughter costs for removing BVD, bovine viral diarrhea, calves; and if he will make a statement on the matter. [25881/14]

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Written answers

I recently announced refocused support measures for BVD. These measures provide for a €120 payment in respect of disposals in a timely manner of persistently infected (PI) calves in suckler herds. I am also providing for the payment of €75 towards the disposal of second and subsequent PI female calves born in dairy herds that are disposed of in a timely manner. Both measures are in respect of 2014 born calves and apply for one year only. In view of the scarce resources at my disposal, it was not possible to extend support beyond the measures outlined above.

Live Exports

Questions (529)

Michael Creed

Question:

529. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to concerns in the farming community regarding new restrictions on the slaughtering of Irish born bovines in Northern Ireland and the UK; and if he will make a statement on the matter. [25884/14]

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Written answers

My Department attaches considerable importance to the live export trade and, over the years, has been very active in facilitating shipments abroad. Live exports serve a dual purpose as a means of satisfying legitimate market demands for live animals and providing alternative market outlets for farmers.

Despite concerns about the trade in live cattle, total exports to date this year are 140,000 head, of which 24,000 went to the UK, an increase of some 3,370 head or 16% up on the comparable period in 2013. Of this 24,000, some 17,000 went to Northern Ireland which is an increase of 10% on the same period in 2013.

However, the potential to grow the live trade to the UK even further is constrained by the buying specifications operated by the British retail chains in relation to cattle born in this country and exported live for finishing and processing in that market. The retailers’ long-standing policy is to market British and Irish beef separately. This means that beef must be sourced from animals originating in one country; i.e. born, reared and slaughtered in the same country. In addition, logistical difficulties arise when a small number of Irish-born animals are slaughtered in a UK meat plant. Under mandatory EU labelling rules, these carcases have to be deboned in a separate batch, packaged and labelled accordingly, thereby incurring additional costs for the processor. This therefore decreases the attractiveness of animals born or reared in the Republic.

While Bord Bia has repeatedly raised this issue with British retailers over the years, they are unlikely to reverse their marketing policy in the short term. Nevertheless Bord Bia, will continue to pursue all opportunities to maximise the full potential of the beef and livestock trade with our largest trading partner. In addition Bord Bia actively supports the development of the live export trade through the provision of market information, developing market access and promotional activity.

I will continue to engage with my Northern counterpart, Ms Michelle O’Neill, on issues relevant to producers including cross-border trade. However according to the report produced by Mr. Michael Dowling for the Beef Roundtable discussions on 3 June last it is unlikely that the retailers’ position will change in the short term.

Parking Regulations

Questions (530)

Terence Flanagan

Question:

530. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine the position regarding camper van parking (details supplied); and if he will make a statement on the matter. [25896/14]

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Written answers

My Department is responsible for the operation and management of the six Fishery Harbour Centres including Howth Fishery Harbour Centre. The Fishery Harbour Centres were set up by virtue of the Fishery Harbour Centres Act 1968 (as amended) and their primary objective is to provide for the needs of fishermen and the fishing industry generally.

Parking is permitted within the limits of the Howth Fishery Harbour Centre for visitors and recreational users of the Harbour. The only requirement is that they comply with the traffic management markings and procedures.

Where there are safety concerns regarding traffic management and parking these should be brought to the attention of the Harbour Master in the first instance.

Single Payment Scheme Payments

Questions (531)

Patrick O'Donovan

Question:

531. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine when payment of the single farm grant for 2013 will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [25908/14]

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Written answers

EU Regulations governing the administration of the Single Farm Payment Scheme require that full and comprehensive administrative checks, including in some cases on-farm inspections, are completed before any payment issues.

The 2013 application of the person named was selected for a ground eligibility/cross compliance inspection. The results of this inspection have been finalised and payment under the 2013 Single Payment Scheme issued to the nominated bank account of the person named on 16 June 2014.

Single Payment Scheme Applications

Questions (532)

Willie Penrose

Question:

532. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine when an application for single farm payment will be adjudicated upon in respect of a person (details supplied) in County Westmeath; if same will be expedited; and if he will make a statement on the matter. [25949/14]

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Written answers

An application under the 2014 Single Payment Scheme was received from the person named on 14 May 2014. However, since he does not currently hold any Single Payment Scheme entitlements, there is no payment due him under the 2014 Single Payment Scheme.

Tax Code

Questions (533)

Willie Penrose

Question:

533. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the exemptions and-or reliefs available to a person who is 42 years of age and is returning home to inherit a farm from their elderly parent; the assistance available in this regard; and if he will make a statement on the matter. [25950/14]

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Written answers

While taxation policy is primarily the responsibility of the Minister for Finance, I have on-going contact with him to ensure that tax policy reflects the Government’s commitment to agriculture and, in particular, to the objectives of smart, green, growth outlined in the Food Harvest 2020 strategy. There are two main measures which facilitate the inter-generational transfers of farms by relieving the capital tax burden for both the transferor and the transferee: retirement Relief’ from Capital Gains Tax (CGT) is available where an individual, who is at least 55 years, disposes of the whole or part of their qualifying assets, either by sale or gift. Although the relief is commonly known as retirement relief, a claimant does not have to retire in order to qualify. For parent to child transfers, an individual aged 55 to 65 years can claim relief on the full consideration amount without limit. Relief for those aged 66 years or more can be claimed on the consideration amount up to a limit of €3 million. Agricultural Relief from Capital Acquisition Tax (CAT) operates by reducing the market value of ‘agricultural property’ by 90%, so that the tax payable is calculated on an amount substantially less than the market value. It is available to those qualifying as a ‘farmer’ at the valuation date, i.e. an individual whose ‘agricultural property’, after the gift or inheritance, is at least 80% of their total assets. There are other measures that assist inter-generational transfers: stamp Duty Consanguinity Relief on Non-residential Transfers’ provides for a reduced stamp duty rate of 1% applicable to transfers between certain close relations. It is currently available for a three year period until 31 December 2014; CGT / CAT ‘same event relief’ applies where both taxes are payable on the same event (for example, a gift of land by a parent to a child); any CGT paid by the parent can be used by the child as a credit against their CAT liability.

A review of tax measures in the farming sector, a joint initiative between my Department and the Department of Finance, was announced in Budget 2014 and is now underway.

Single Payment Scheme Appeals

Questions (534)

Brendan Griffin

Question:

534. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on the review of a single farm payment overclaim in respect of a person (details supplied) in County Kerry. [25957/14]

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Written answers

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that one of the land parcels in question contained ineligible features. As the person named applied submitted an application for a review of my Department’s decision, a visit by a Department official to verify the position was necessary to progress the matter. The results of the verification visit are being processed and the payment due is expected to issue shortly.

Single Payment Scheme Payments

Questions (535)

Robert Troy

Question:

535. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if he will investigate the delay in issuing the single farm payment in respect of a person (details supplied) in County Longford. [25970/14]

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Written answers

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that one of the land parcels declared contained ineligible features. The person named was notified of this in April 2014, and responded agreeing with the findings. Payment under the Single Payment Scheme will issue shortly based on this reduced area.

Beef Industry

Questions (536)

Pat Deering

Question:

536. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine if he will provide an update on recent round table discussions on difficulties in the beef industry. [25982/14]

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Written answers

As the Deputy is aware, I invited key stakeholders, including farm organisations, beef processors and relevant state agencies, to a round table discussion on the future development of the beef sector on 17 April and held a second meeting on 3 June. This initiative was intended to provide a useful forum for all the main players in the industry to engage positively and present constructive ideas on positioning the sector to address the challenges and prepare for the opportunities that lie ahead.

The discussions at the second roundtable included presentations from ICBF, Bord Bia and Teagasc with the main focus on the presentation by Mr. Michael Dowling, who had updated his work on the implementation of the Beef Activation Group report. Bord Bia's presentation gave an update on the additional marketing work that it will undertake in key markets for Irish beef including the UK, Netherlands and Germany with the extra €0.5 million allocated for this purpose. ICBF's presentation showed the contribution that better breeding can move to improving profitability for Irish beef farmers. Teagasc focused on the work it is doing to educate farmers on efficient production to increase output per unit and ultimately the farm's operating margins. All of the presentations are available on my Department's website and I have called on all interested stakeholders to study them and communicate any suggestions for further work to my Department.

In his report, Mr Dowling recommended among other items that consideration be given in particular to the following main points: Improved transparency and timely communication on price and market specification between particularly suppliers and processors; a formalised mechanism for ensuring that research, breeding and education remains consistent with evolving market realities; the potential for Producer Organisations recognised under the EU's Common Market organisation rules to play a role in building scale for farmers in the supply chain and building more professional relationships with the processing sector; the possibility for more formalised contract arrangements between factories and their suppliers.

On the question of transparency, my Department has already made a number of improvements to its website in order to make price information more user friendly for farmers. This is a key step along the road to developing a Beef Pricewatch app for mobile phones and tablets. The Dowling report also calls on processors to ensure that communication with farmers on any changes to market specifications takes account of the normal production cycle.

In addition I am making arrangements to ensure that Teagasc, Bord Bia and ICBF engage to ensure that advice, education and breeding policy remains consistent with evolving market realities.

Furthermore my Department is examining the possibility of legislating for the recognition of producer organisations in the beef sector, and will shortly be launching a consultation with key stakeholder groups in this regard.

Of course the key objective of this forum was to provide a vehicle, but not the only vehicle, to facilitate positive engagement between stakeholders in the beef sector, including processors and farmers. It is clear that the relationship between these parties is one of mutual dependency and there may be significant benefits for both suppliers and processors from extending the use of more formalised supply contracts where this is possible.

On questions of price, these are matters for the market, and for negotiation between the contracting parties. However, it is clearly the case that the best interests of the industry will be served by honest engagement, transparency, clear communications, and by a recognition of the legitimate concerns of each of the parties. While there is a responsibility on farmers to improve efficiency and reduce costs behind the farm gate, it is equally the case that their clear vulnerability to sharp changes in market conditions must be recognised, and that the relationship between parties along the beef supply chain must be carefully managed with this in mind, if supply is to be maintained and the beef sector is to perform to its potential in the future.

At this juncture I would urge the stakeholders to reflect carefully on the proceedings at the first two meetings of the beef forum, and on the Dowling report, and to take time to engage with each other on its recommendations in order to find mutually satisfactory solutions to the current issues.

Departmental Reports

Questions (537)

Brendan Ryan

Question:

537. Deputy Brendan Ryan asked the Minister for Agriculture, Food and the Marine the date on which the independent report commissioned by Indecon on the current situation in the greyhound industry is set to be concluded and released; and if he will make a statement on the matter. [26016/14]

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Written answers

A review of certain matters relating to Bord na gCon has been commissioned by my colleague the Minister of State, Mr. Tom Hayes, TD. The aim of this review is to ensure that appropriate arrangements are in place to facilitate the growth and development of the greyhound racing industry into the future. The review encompasses the policy, governance and regulatory framework and the financial situation of Bord na gCon. The report documenting the findings of the review will assess the current situation with regard to Bord na gCon and will make recommendations as to any changes required to best place the industry to meet the challenges that lie ahead in a very dynamic and challenging environment. This review is progressing very well but more detailed investigations were considered appropriate by the external consultants conducting the review on a number of specific issues that arose as part of the analysis undertaken. The consultants have agreed to undertake this additional analysis at no extra cost to the Exchequer. It is anticipated that a draft report, including the additional analysis, will be completed by the end of this month. On receipt of the draft report, my Department will have to review and consider the contents and any action required prior to publication.

Animal Welfare

Questions (538)

Maureen O'Sullivan

Question:

538. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine what was involved in the invitation process in the lead up to the Dublin Castle animal welfare conference held on 16 May 2014; the way his Department selected requests to attend; the reason hunting organisations were invited while other animal welfare groups were not invited; and if he will make a statement on the matter. [26096/14]

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Written answers

A wide cross section of individuals was invited to attend the conference, including some members of animal rights groups. A member of National Animal Rights Association was invited to the conference but chose not to attend, while the President of Irish Council Against Blood Sports was in attendance. Delegates from the Hunting Association of Ireland were also in attendance.

Animal Welfare

Questions (539)

Maureen O'Sullivan

Question:

539. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the latest incident which occurred in Tipperary town involving a pony being abandoned after it was driven into a heavy wooden fence while participating in a sulky race; if his attention has been drawn to the excessive speeds at which these ponies are driven often by children as young as ten years on Ireland's busy roads, and that the horses being too young end up enduring serious damage to their underdeveloped joints and ligaments during a race; if he is aware of the risks these races are placing on those animals, children and other road users; if he will prioritise this animal welfare and public health issue ensuring that local authorities carry out their obligations under the Control of Horses Act (1996); and if he will make a statement on the matter. [26097/14]

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Written answers

I understand that the matter to which the Deputy refers is being investigated by An Garda Síochána and the investigation is ongoing.

Like all activities on the public road, sulky racing is governed by the Road Traffic Acts and imposes an obligation pursuant to these acts on the person engaged in this activity to drive their vehicles with due care for other road users and not to indulge in dangerous driving of the vehicles. Under the Control of Horses Act 1996, Local Authorities have powers to create exclusion areas in bye-laws prohibiting persons from having a horse in an area except for bona fide reasons and this could extend to horses used in sulky racing. The newly commenced Animal Health and Welfare Act 2013 provide options where horse welfare problems, or potential horse welfare problems, are observed.

Animal Welfare

Questions (540)

Maureen O'Sullivan

Question:

540. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if he will ensure there are sufficient strict regulations that coursing will not take place in weather conditions that are adverse and difficult for the animals in question, hares and greyhounds; and if so that coursing events will be cancelled; and if he will make a statement on the matter. [24286/14]

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Written answers

Under the provisions of the Greyhound Industry Act, 1958 the regulation of coursing is chiefly a matter for the Irish Coursing Club (ICC) subject to the general control and direction of Bord na gCon, which is the statutory body with responsibility for the improvement and development of the greyhound industry, greyhound racing and coursing.

The ICC has confirmed that it has systems in place to underpin the welfare of animals participating in coursing events. These include mandatory inspections of hares and coursing venues in advance of the commencement of an event. Greyhounds involved in coursing are subject to the provisions of the Welfare of Greyhounds Act 2011 and the Code of Practice for the care and welfare of greyhounds, published by Bord na gCon.

The ICC has assured the Department that it goes to great lengths to ensure the highest standards are adhered to during coursing. The ICC's rules and regulations (Rule 106) accommodate the postponement of meetings if the weather is unfavourable i.e. snowfall, frost or waterlogged ground, which may affect the welfare of both greyhound and hare.

The ICC has demonstrated its willingness to cancel/postpone meetings in the face of adverse weather conditions, For example, one coursing meeting was cancelled on 23 November 2013 due to heavy frost, and this would be a routine practice for all clubs affiliated to the ICC. Also meetings were postponed over the Christmas (2013) period due to other unfavourable weather conditions. During extreme weather conditions, it is also the practice of clubs to provide additional food for hares living on hare preserves protected by coursing clubs.

The Minister for Arts, Heritage and the Gaeltacht, under the Wildlife Acts 1976 to 2012, has responsibility for the issuing of an annual licence to the ICC and its affiliated clubs to capture live hares. These licences currently have a total of 26 conditions attached to them. The conditions of these licences cover a range of items, including veterinary supervision at coursing meetings and a number of requirements attaching to the welfare of hares.

The ICC ensures that a veterinary surgeon and a control steward are present at all coursing meetings. In addition to this, veterinary staff from my Department and rangers from the National Parks and Wildlife Service (part of the Department of Arts, Heritage and the Gaeltacht) carry out random inspections during the coursing season to monitor compliance with the licences and the rules governing animal welfare.

As a further control, a Coursing Monitoring Committee was established during the 1993/94 coursing season and comprises officials from my Department and representatives from both the National Parks and Wildlife Service and the ICC who monitor developments in coursing. In that regard the situation is kept under constant review to ensure that coursing is run in a well-controlled and responsible manner in with the welfare of hares and greyhounds alike in mind.

A very high proportion (99.4%) of the hares captured for hare coursing were returned to the wild at the end of the 2013/2014 season.

The systems that are in place are, in my view, effective and are working well.

Animal Welfare

Questions (541)

Clare Daly

Question:

541. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will report on any initiatives with regard to dealing with abandoned horses and the excessive numbers that are destroyed. [26101/14]

View answer

Written answers

Horse owners have a duty to ensure the welfare of horses in their ownership and/or their care and to dispose of them appropriately. On a regulatory level, local authorities have responsibility under the Control of Horses Act, 1996 for dealing with straying and abandoned horses. My Department makes a contribution to local authority towards implementation of the Act and in this regard local authorities were paid over €3m in 2013 to assist with horses and to support their efforts towards re-homing of horses found abandoned. My Department also assists animal rescue/welfare organisations in their work in horse welfare activities. These organisations involved in horse welfare had their ex-gratia funding significantly increased in respect of 2014.

I have also indicated that my Department will also work on initiatives to assist horse welfare including facilitating stallion castration programmes in an effort to reduce indiscriminate breeding and unwanted foal births. Assistance can also be provided to local authorities for urban/traveller horse projects which promote horse welfare through provision of training programmes in horse management and welfare.

New regulations on transfer of ownership of horses, which come into effect on 1 July next, combined with the new regulations on equine identification, will improve the ability of the various state agencies to trace ownership of horses. The regulations place obligations on both the person transferring ownership and the person to whom ownership is transferred to maintain up to date ownership records.

My Department will continue to work with other Departments and other relevant agencies, including animal welfare groups in an effort to ensure that the welfare of animals is protected and the new Animal Health and Welfare Act 2013. I am confident that the new Act, along with the recent legislation on the registration of equine premises, equine identification and transfer of ownership will help to reduce abandonment of horses and facilitate a more effective implementation of horse welfare legislation.

Mother and Baby Homes Inquiries

Questions (542)

Stephen Donnelly

Question:

542. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if, under the provisions of the Coroners Act 1962, the Attorney General will order an inquest into the remains found in the grounds of a home in Tuam, County Galway run by the Sisters of the Bon Secours; and if she will make a statement on the matter. [25227/14]

View answer

Written answers

The Deputy will appreciate that I, as Minister, have no role in relation to the Attorney General's exercise of her independent functions under section 24(1) of the Coroners Act, 1962. As the Deputy will be aware, last week the Minister for Children and Youth Affairs announced the Government's intention to establish a Commission of Investigation to examine the tragic and complex matters pertaining to Mother and Baby Homes, including the Home referred to by the Deputy, and an interdepartmental group is due to report to the Government in the near future to inform decisions on the terms of reference for this Commission.

Data Protection

Questions (543)

Thomas Pringle

Question:

543. Deputy Thomas Pringle asked the Minister for Justice and Equality his plans to take system-wide action to ensure the protection of the personal data of citizens; and if she will make a statement on the matter. [25500/14]

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Written answers

The position is that comprehensive statutory provisions concerning the protection of personal data are set out in the Data Protection Acts 1988 and 2003. This legislation transposes the Council of Europe's Data Protection Convention of 1981 and the EU Data Protection Directive of 1995 into national law in this jurisdiction.

The Acts of 1988 and 2003 impose data protection obligations on data controllers and data processors and establish specific data protection rights for individuals. In particular, the legislation provides that the personal data of individuals must be obtained and processed fairly; must be accurate and complete and, where necessary kept up to date; must be obtained for one or more specified, explicit and legitimate purposes; must be adequate, relevant and not excessive in relation to that purpose or purposes and be kept for no longer than necessary. Furthermore, the legislation requires that appropriate security measures must be taken by data controllers and data processors to guard against unauthorised access to, as well as any unauthorised alteration, disclosure or destruction of, personal data.

The Office of the Data Protection Commissioner, which has been established under the legislation, is independent in the performance of its statutory duties to uphold the data protection rights of individuals under the Acts, and enforce the data protection obligations of data controllers and data processors.

Commissions of Investigation

Questions (544)

Pádraig MacLochlainn

Question:

544. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will consider ensuring that the terms of reference of the forthcoming commission of investigation arising out of the findings of the Guerin report incorporate the role of An Garda Síochána in the circumstances leading up to the death of a person (details supplied) in a hit-and-run incident outside Carrickmacross, County Monaghan on 2 August 2011. [25514/14]

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Written answers

I am deeply conscious of the continuing impact of the particular circumstances of the tragic case in question, and met with the family in April along with my predecessor as Minister for Justice and Equality. As the Deputy is aware, the former Minister requested the Garda Síochána Ombudsman Commission (GSOC) to investigate all matters raised by the family as they relate to An Garda Síochána under section 102(5) of the Garda Síochána Act, 2005. Since then I have received further correspondence from and on behalf of the family along the lines referred to by the Deputy and this is receiving consideration at present.

Citizenship Applications

Questions (545)

Noel Grealish

Question:

545. Deputy Noel Grealish asked the Minister for Justice and Equality if a child born here to non-Irish parents, who have not been lawfully resident here for three of the four years preceding their birth can apply for Irish citizenship at some point in the future having being born and lived for a set period; and if she will make a statement on the matter. [25657/14]

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Written answers

Where sections 6A and 6B of the Irish Nationality and Citizenship Act 1956, as amended, are applicable, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence. Entitlement of a child to Irish citizenship is determined by the Passport Office following receipt of an application for a passport on the child's behalf.

Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied.

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.

Direct Provision System

Questions (546, 549, 582)

Thomas Pringle

Question:

546. Deputy Thomas Pringle asked the Minister for Justice and Equality her plans to end the current system of direct provision; and if she will make a statement on the matter. [25252/14]

View answer

Clare Daly

Question:

549. Deputy Clare Daly asked the Minister for Justice and Equality if she will initiate a review of the direct provision scheme for asylum seekers, which has seen adults and children confined to totally unsuitable accommodation for many years in total violation of their human rights and dignity. [25274/14]

View answer

Terence Flanagan

Question:

582. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to reform the system of direct provision for asylum seekers here; and if she will make a statement on the matter. [25739/14]

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Written answers

I propose to take Questions Nos. 546, 549 and 582 together.

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of protection applicants in accordance with the Government policy of direct provision and dispersal. Direct provision provides for full board accommodation supports while a final decision is awaited by a person on their protection or any related leave to remain application.

The numbers of asylum seekers residing in direct provision has reduced significantly over the last five years. At the end of December, 2013 there were 4,360 residents in direct provision compared with 6,494 at the end of December, 2009. This represents a reduction of 2,134, or 33%, in the number of residents in direct provision in that period. Compared to the numbers residing in direct provision at its highest point in April, 2005 (8,080), there has been a reduction of 46% or 3720 persons in the intervening nine years.

The operation of the Direct Provision system is kept under review and I acknowledge that the length of time that residents spend in Direct Provision is an issue to be addressed. I have no desire for applicants to remain in the protection system any longer than the minimum period it takes to process their case. The Direct Provision system is not ideal but it is a system which facilitates the State in providing a roof over the head of those seeking asylum or seeking to be allowed, on humanitarian grounds, to stay in the State.

The Direct Provision system is inextricably linked to the surrounding international protection process. By its very nature, the processing of applications for international protection is a solemn and complex task which does not always lend itself to achieving speedy outcomes. The time needed to determine the outcome of any legal proceedings also impacts on the length of the process. A substantial proportion of cases in the High Court relate to judicial review proceedings taken or decisions reached in the international protection arena.

A key priority for this Government is legislative reform aimed at establishing a single application procedure for the investigation of all grounds for protection and any other grounds presented by applicants seeking to remain in the State. Such reform would substantially simplify and streamline the existing arrangements by removing the current multi-layered and sequential processes and provide applicants with a final decision on their application in a more straightforward and timely fashion. In consultation with my officials, I am reviewing the work done to date in respect of the Immigration, Residence and Protection Bill and will then decide on how best to progress the implementation of the Government's priorities, in particular to expedite those relating to the establishment of a single application procedure.

Proposed Legislation

Questions (547, 557, 579, 593)

Terence Flanagan

Question:

547. Deputy Terence Flanagan asked the Minister for Justice and Equality when she expects the Criminal Justice (Spent Convictions) Bill 2012 to be passed by Dáil Éireann; and if she will make a statement on the matter. [25260/14]

View answer

Niall Collins

Question:

557. Deputy Niall Collins asked the Minister for Justice and Equality the current status of the Criminal Justice (Spent Convictions) Bill; and if she will make a statement on the matter. [25503/14]

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Jerry Buttimer

Question:

579. Deputy Jerry Buttimer asked the Minister for Justice and Equality if she will provide an update on the progress being made on the Criminal Justice (Spent Convictions) Bill 2012; when it is anticipated that it will complete its passage through both Houses of the Oireachtas; and if she will make a statement on the matter. [25676/14]

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Timmy Dooley

Question:

593. Deputy Timmy Dooley asked the Minister for Justice and Equality when the Criminal Justice (Spent Convictions) Bill 2012 will be enacted; and if she will make a statement on the matter. [25946/14]

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Written answers

I propose to take Questions Nos. 547, 557, 579 and 593 together.

The Criminal Justice (Spent Convictions) Bill 2012 has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. It is my intention that the Bill will be enacted as soon as possible.

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