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Thursday, 19 Jun 2014

Written Answers Nos. 102-110

Departmental Records

Questions (102)

Seamus Kirk

Question:

102. Deputy Seamus Kirk asked the Minister for Arts, Heritage and the Gaeltacht if it is the case that 52 files have been taken from the National Archives pertaining to the treatment of mothers and children in State care in mother and baby homes across the country; if copies have been made of these files in order that the information contained therein may be accessed during their absence; when it is expected that the files will be returned; if over 40 files from 1992 which were previously removed have still not been returned; and if he will make a statement on the matter. [26391/14]

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Written answers

Under section 8(9) of the National Archives Act 1986, Departmental records transferred to the National Archives may be temporarily requisitioned in writing from the Director by an authorised officer of the appropriate Department of State. This is a routine administrative arrangement in relation to archives which have been made available for public inspection.

Records temporarily requisitioned by a Department of State may be retained for a period of up to 6 months in accordance with the National Archives Act Regulations 1988. Records are regularly requisitioned on a temporary basis by Departments of State from the National Archives and it would not be feasible to make copies of all documents so requested, particularly in cases where the records are urgently required for consultation by the requisitioning body or where the quantity of records involved is large.

The Director of the National Archives has the statutory right to specify arrangements which are to be made relating to access by the public to such archives while so requisitioned.

In relation to the Department of Health, I am advised that

- The Director of the National Archives has written to that Department to alert it to the fact that records temporarily requisitioned by it remain available for public inspection under the National Archives Act 1986 and that access requests will need to be facilitated during the period of recall.

- The Department of Health has agreed that requests for access to such files will be handled by its Press Office in the case of requests from the media. Requests for access from others, including staff in the National Archives, will be facilitated by that Department’s Records Management Unit.

- If the Department of Health wishes to extend a requisition period after six months, a request must be made in writing to the Director to extend this period. In such a scenario, the National Archives could ask the Department of Health to copy the files as an alternative to their continued retention.

With regard to files relating to the treatment of mothers and children in State care in mother and baby homes, I am advised that 12 such files were recalled by the Department of Health in recent weeks, as is permitted under the Act. The National Archives has been assured that these original records will be examined and returned as expeditiously as possible. I am further advised that, while the records are in the temporary custody of the Department of Health, they continue to be open to public inspection and, where feasible, access is being facilitated by that Department in the manner referred to above.

In relation to files returned to the Department of Health in 1992, I am advised that these were withdrawn from public access by that Department because, following examination on delivery to the National Archives, it became apparent that the files contained personal information on identifiable individuals and public release could have potentially caused distress to living persons. I understand that the transfer of the files in question was an oversight that was rectified shortly after their arrival in the National Archives and that the catalogues in the Archives Reading Room were amended to reflect the return of the files.

Wildlife Regulations

Questions (103)

Maureen O'Sullivan

Question:

103. Deputy Maureen O'Sullivan asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the content in the magazine (details supplied) which reveals that on 1 December 2013 hounds hunted a deer; if he will carry out an investigation into the potential breach of the Wildlife Amendment Act 2000; and if he will make a statement on the matter. [26099/14]

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Written answers

My Department is aware of the article in question and the matter is under investigation.

Turbary Rights

Questions (104)

Denis Naughten

Question:

104. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 479 of 27 May 2014, the number of applications he has received in each of the past five years seeking his consent to cut turf on a designated bog and to date in 2014; the date on which each application was received; when a decision was made; if consent was granted; and if he will make a statement on the matter. [26480/14]

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Written answers

As I informed the Deputy in my reply to Question No. 497 of 27 May 2014, applications for consent to cut turf on sites nominated for designation as raised bog special areas of conservation under the European Communities (Birds and Natural Habitats) Regulations 2011, or on sites designated as raised bog natural heritage areas under the Wildlife (Amendment) Act 2000, may be made to me, as Minister for Arts, Heritage and the Gaeltacht.

I am advised that some 1,400 applications for consent to cut turf on designated sites have been received in the past five years and to date in 2014. The relevant details sought by the Deputy in relation to those applications have been forwarded to him under separate cover.

Turbary Rights

Questions (105)

Denis Naughten

Question:

105. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht further to Parliamentary Question No. 416 of 19 July 2012, the number of the 25 applications that were approved, rejected or on hand; and if he will make a statement on the matter. [26481/14]

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Written answers

I am advised that, in all the cases referred to involving applications to extract turf, responses were issued to the applicants in July and August 2012 indicating that consent could not be given.

Departmental Staff Remuneration

Questions (106)

Seán Fleming

Question:

106. Deputy Sean Fleming asked the Minister for Arts, Heritage and the Gaeltacht the cumulative total of unapproved salary top-ups currently being paid under the remit of his Department; and if he will make a statement on the matter. [27078/14]

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Written answers

I assume that the Deputy's Question relates to my Department and the bodies under its aegis.

As the Deputy will be aware, my Department and the bodies under its aegis are subject to Civil and Public Service pay policy, as determined by the Department of Public Expenditure and Reform, and I am advised that no salary top-ups of the nature described by the Deputy are being paid.

Broadband Service Provision

Questions (107)

Damien English

Question:

107. Deputy Damien English asked the Minister for Communications, Energy and Natural Resources with respect to the roll out of high speed broadband services for rural areas of County Meath, when he expects the completion of the formal mapping exercise to determine the final list of areas in need of State subsidy for the provision of such services; for areas that will be determined not to be in need of State subsidy to provide high speed broadband, will there be time based targets for the roll out of such services that can be easily identified by those persons who reside or have businesses in these rural areas; and if he will make a statement on the matter. [26427/14]

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Written answers

The Government’s National Broadband Plan, which I published in August 2012, aims to radically change the broadband landscape in Ireland by ensuring that high speed broadband is available to all citizens and businesses. This will be achieved by providing:

- a policy and regulatory framework that assists in accelerating and incentivising commercial investment; and

- a State-led intervention for areas where it is not commercial for the market to invest.

Since publication of the Plan, investments by the commercial sector are under way and in some instances have been accelerated in both fixed line and wireless high speed broadband services. Commercial operators combined have either invested, or committed to invest, over €2 billion in their Irish networks, delivering high speed broadband to homes and businesses.

As a result of this accelerated investment the addressable area required by the State-led intervention has been reduced by 30% since the National Broadband Plan was launched. While the commercial developments are welcome the acceleration of investment is largely contained to cities and towns. Consequently, the speeds that are available in these areas are demonstrably better than those that are available in more rural areas.

On 25 April last, I signalled the Government's commitment to a major telecommunications network build-out to rural Ireland, with fibre as the foundation of its investment, as part of the State-led intervention under the National Broadband Plan. This commitment is a clear expression of the Government’s determination to address the connectivity challenge in rural Ireland in a meaningful and sustainable way.

Central to the strategy will be a fibre build-out to locations in every county in the State identified as having no existing or planned enabling fibre network. It is intended that the fibre will be delivered directly to access points for homes and businesses, where service providers can utilise the fibre to provide high speed services to end users. The fibre build out will be part of an end-to-end strategy that will address all parts of Ireland that cannot access commercial high speed broadband services.

A comprehensive mapping exercise is under way in my Department which will identify those areas that will require a State intervention. I have published a county-by-county list of towns and villages which have already been identified for a fibre build-out. This list is available on my Department's website, www.dcenr.gov.ie. Currently, a total of 40 areas in County Meath have been identified as requiring an intervention. This is an indicative list and is subject to the completion of the mapping exercise. Further locations may be identified as this process continues. Similarly, it may be determined that some locations on the list will be addressed by the commercial sector and will therefore not require State intervention. I expect that this mapping exercise will be concluded in the autumn.

I would point out that the EU Commission’s guidelines on State aid for high speed broadband infrastructure preclude Member States from intervening in regions in which private investors have demonstrated plans to roll out their own infrastructure within the following three years. In this regard, I understand that at least one network operator has published a programme to roll out 36 fibre-based broadband networks in County Meath by July 2016.

I would emphasise to the Deputy that in line with EU State Aid Guidelines the State will set timelines for investment commitments to be met by commercial operators. If such investments have not happened within the timelines, the State will have to intervene so as to ensure nationwide access to high speed broadband services.

In tandem with the completion of the mapping exercise, intensive design and planning work is ongoing in my Department with a view to producing a detailed end to end strategy for the State led intervention. It is my intention to conduct a full public consultation on the outcome of the mapping process and the proposed strategy. EU State aid clearance will also be required for the intervention once finalised. This will be followed by a detailed procurement process with a view to commencing construction of the fibre network and provision of services in identified areas as quickly as possible.

Departmental Staff Remuneration

Questions (108)

Seán Fleming

Question:

108. Deputy Sean Fleming asked the Minister for Communications, Energy and Natural Resources the cumulative total of unapproved salary top-ups currently being paid under the remit of his Department; and if he will make a statement on the matter. [27080/14]

View answer

Written answers

The information sought regarding payments to staff by Semi-State Companies is an operational matter for each Company. All directions issued by the Government in relation to remuneration of staff in Semi State Companies have been brought to the attention of the relevant State Companies.

Pyrite Remediation Programme

Questions (109)

Dara Calleary

Question:

109. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the implications that have arisen from the recent discovery of pyrite in concrete blocks for the pyrite remediation scheme; the areas of the country that will be eligible to apply; if homes affected in County Mayo will be eligible to apply; if not, the reason for same; and if he will make a statement on the matter. [26431/14]

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Written answers

In April this year my Department was made aware of a potential problem with pyrite in concrete blocks by the market surveillance authority (i.e. building control authority) in whose functional area the block manufacturer is located.

It is understood that a small number of construction sites have been supplied with the affected blocks. Testing has been carried out in a number of the buildings/dwellings on the sites identified which has confirmed the presence of deleterious material (sulphates/pyrite) in the blocks. The solution identified in those cases appears to be for demolition and rebuilding. Further testing is being carried out on other buildings/dwellings on the sites identified and the results will determine the appropriate course of action in respect of those dwellings/buildings.

Remediation of construction defects is a matter for resolution between the contracting parties and my Department understands that in each case the costs of resolution are being pursued, in the first instance, with the relevant contractors and suppliers in accordance with the terms and conditions of the construction contracts.

The pyrite remediation scheme, which was published by the Pyrite Resolution Board in February of 2014, was developed having regard to the recommendations set out in the report of the independent Pyrite Panel and in accordance with the relevant provisions of the Pyrite Resolution Act 2013. The Panel was established in September 2011 to explore options for a resolution to the problem of pyrite in the subfloor hardcore material which at that time had manifested itself in dwellings in a number of areas. The Panel reported to the Minister in July 2012.

It is a scheme of “last resort” and is limited in its application and scope. It is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I .S. 398 - 1 :2013 Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. In addition, applicants under the scheme must be able to demonstrate to the Board that they have no practicable options, other than under the scheme, to secure the remediation of their homes. The scheme applies to dwellings in the five local authority areas identified in the pyrite report - Meath, Kildare, Offaly and the administrative areas of Dublin City and Fingal. The Panel identified those areas following an extensive consultation process.

The Pyrite Resolution Act 2013 provides the statutory framework for the pyrite remediation scheme and while the Act provides that the scheme can be amended, replaced or revoked, this can only be done in accordance with the scope of the Act. The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance.

In this context, the scheme cannot be extended to include pyritic damage, or other forms of damage, which is not provided for in the Act.

Water Charges Exemptions

Questions (110)

Terence Flanagan

Question:

110. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if an extra water allocation will be made available to families with special needs children or adults; and if he will make a statement on the matter. [26451/14]

View answer

Written answers

I refer to the reply to Question No. 370 of 10 June 2014. The position is unchanged.

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