Tuesday, 8 Jul 2014

Written Answers Nos. 554-578

Seniors Alert Scheme

Questions (558)

Michael McCarthy

Question:

558. Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government the funding avenues available for elderly persons who require a personal alarm monitor and who have had to discontinue a landline telephone service subsequent to the subsidy being discontinued in the last budget; if he intends to provide extra resources to help persons upgrade to enable them to use a mobile phone; and if he will make a statement on the matter. [29862/14]

Written answers

Minister for the Environment, Community and Local Government

The Seniors Alert Scheme aims to encourage community support for vulnerable older people in our communities by providing grant assistance towards the purchase and installation of personal monitored alarms to enable older persons, of limited means, to continue to live securely in their homes with confidence, independence and peace of mind. The Scheme is administered by local community and voluntary groups with the support of my Department.

The Scheme does not provide for replacement alarm systems.

Waste Management

Questions (559, 560)

Mary Lou McDonald

Question:

559. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if waste brokers who do not handle the waste themselves require a waste collection permit under waste management legislation or regulations to secure local authority waste disposal contracts. [29931/14]

Mary Lou McDonald

Question:

560. Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if waste brokers who handle but do not transport waste require a waste collection permit under waste management legislation or regulations to secure local authority waste disposal contracts. [29932/14]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 559 and 560 together.

Article 6 of the Waste Management (Registration of Brokers and Dealers) Regulations 2008 requires that each broker or dealer shall apply for registration to the competent authority, with Article 8 of the Regulations establishing criteria under which such application for a Certificate of Registration shall be refused. Article 9 of the Regulations provides that the competent authority shall attach appropriate conditions to a Certificate of Registration issued to a broker or dealer.

In addition, the general duties of a holder of waste under Section 32 of the Waste Management Act (as amended) would apply to a broker or dealer who handles waste.

Section 34(1)(a) of the Act also provides that a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business, collect waste, except under and in accordance with a waste collection permit, unless otherwise specified in regulations.  Article 30 of the Waste Management (Collection Permit) Regulations 2007 (as amended) sets out the aforementioned exemptions, whereby a collector of waste is not required to hold a waste collection permit. Irrespective of whether a person is registered as a waste broker, any person collecting waste must hold a waste collection permit, unless that person is otherwise exempted from doing so in accordance with Section 34(1)(a) of that Act.

Departmental Staff Remuneration

Questions (561)

Alan Farrell

Question:

561. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government if he will provide in tabular form details of increments paid since 2008 in his Department; and if he will make a statement on the matter. [30530/14]

Written answers

Minister for the Environment, Community and Local Government

Information in relation to increments paid in each of the years 2008 to 2013 and to date in 2014 is set out in the table below:

Year *	No of Increments Paid
2008	642
2009	668
2010	593
2011	367
2012	317
2013	266
2014	92

* Note: The numbers for 2011 reflect the reconfiguration of the Department following the formation of the Government in March 2011.

It is not possible to extract historical increment financial data from the system on a global basis for the years 2008 - 2011. Historic costs could be calculated manually on an individual basis but this would take a prohibitively long time.  Indicative estimated costs for the years 2012, 2013 and 2014 to date are €310,000, €250,000 and €120,000, respectively.

Increments are paid in line with the approved rates of pay at the time as outlined on the websites of the Department of Finance and Department of Public Expenditure and Reform and in line with arrangements in place under the Haddington Road Agreement since 1 July 2013. Those staff who have reached the maximum or long service increment point of their salary scales do not receive increments. The payment of increments is subject to satisfactory performance under the Performance Management and Development System (PMDS).

Departmental Staff Recruitment

Questions (562)

Richard Boyd Barrett

Question:

562. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the number of retired civil and public servants that have been rehired on temporary contracts or as consultants under his remit; if he will provide a breakdown of those figures in tabular form, providing associated costs of such rehiring; and if he will make a statement on the matter. [30555/14]

Written answers

Minister for the Environment, Community and Local Government

Retired public and civil servants are engaged from time to time by my Department in areas where specific expertise is required for a short fixed period and these staff provide a level of knowledge, experience and background compatible with such requirements.

The abatement principle, which ensures that the fee or salary paid plus pension does not exceed the rate of pay the pensioner would receive if he/she had continued service in their former post, applies to payments as appropriate.

The information requested in respect of rehired civil and public servants, and associated salary costs, in my Department since March 2011 is set out in the table below:

No	Role	2011	2012	2013	2014
1	Co-Chair of Nitrates Review Expert Advisory Group	€220.00	n/a	n/a	n/a
1	Internal Audit Committee Member (A)	€997.50	€570.00	-	-
1	Internal Audit Committee Member (B)	€1,710.00	n/a	n/a	n/a
1	Internal Audit Committee Member (C)	n/a	€598.50	€1,180.54	€565.58
1	Internal Audit Committee Member (D)	n/a	n/a	€282.79	€848.37
1	Chair of the National Directorate for Fire and Emergency Management	€9,450.00	€4,725.00	€9,450.00	€9,450.00
1	Process Auditor on Waterford Grouped Towns & Villages Sewerage Scheme	€10,543.98	€4,605.00	€10,893.12	€6,374.59
1	Service Indicators Independent Assessment Panel	€3,000.00	€3,000.00	€3,000.00	-
1	Chair of the National Traveller Accommodation C onsultative Committee	€4,489.00	€4,489.00	€4,489.00	n/a
1	Examination of Final Accounts of Water Services Capital Projects (A)	€26,275.08	€26,260.00	€8,478.10	n/a
1	Examination of Final Accounts of Water Services Capital Projects (B)	€5,436.19	€30,820.06	€11,785.76	n/a
1	27th Session of the Governing Council/Global nisterial Environment Forum of the United Nations Environment Programme Nairobi	n/a	€2,419.22	€11,443.77	n/a
1	Parliamentary Drafting Expertise for Department's Legislative Programme	n/a	n/a	€72,887.43	€49,443.24
1	24th General Council Meeting of the United Nations Human Settlements Programme Nairobi (A)	n/a	n/a	€9,546.86	n/a
1	24 th General Council Meeting of the United Nations Human Settlements Programme Nairobi (B)	n/a	n/a	€2,491.88	n/a
1	Preparation of EIA Guidelines	n/a	n/a	€7,200.00	n/a
1	Independent Review of Draft Planning Directions in Westmeath	n/a	n/a	n/a	€5,000 (to be paid)

In addition to the above, a number of retired public and civil servants carry out work for my Department from time to time on a pro bono basis.

Ministerial Responsibilities

Questions (563)

Seán Ó Fearghaíl

Question:

563. Deputy Seán Ó Fearghaíl asked the Minister for Defence the precise duties at the Department of Defence which has been assigned to the Government Chief Whip; if it is his intention to seek to amend the Ministers and Secretaries Act to assign the Department of Defence to a Minister of State; if he accepts that any downgrading would be a cause of huge concern; and if he will make a statement on the matter. [28976/14]

Written answers

The Taoiseach

The precise duties delegated to the Minister of State at the Department of Defence under the Defence (Delegation of Ministerial Functions) Order 2014 are as follows:

- The power to direct that an officer who holds a particular commissioned army rank shall, in lieu of that commissioned army rank, hold the corresponding commissioned naval rank

- The power to arrange for the instruction of members of the Defence Forces outside the State or at non-Military institutions

- The power to employ (including employ by way of apprenticeship) civilians with the Defence Forces

- Powers in relation to the assignment of officers of Reserve Defence Force to a particular class of the Reserve Defence Force.

- Powers in relation to the promotion of officers

- Powers in relation to the placing of officers on half pay

- Powers in relation to the retirement of officers of the Permanent Defence Force

- Powers in relation to the relinquishment of commissions by officers of the Reserve Defence Forces

- Powers in relation to effective dates of appointments etc. of officers

- Powers in relation to extension of term of original enlistment of reservists enlisted under section 55 of the Defence Act 1954 (Direct enlistment in the Reserve Defence Force for service during a fixed period.)

- Powers in relation to the discharge of members of the Defence Forces (other than officers) by direction of Minister or authorised officer

- Powers in relation to the discharge of members (other than officers) from the Permanent Defence Force or Reserve Defence Force by purchase

- Powers in relation to the promotion of members of the Defence Forces to higher non-commissioned rank and reduction in rank of non-commissioned officers.

- Powers in relation to remuneration and superannuation of the holder of the office of Ombudsman, with the consent of the Minister for Public Expenditure & Reform

- Matters relating to reports and recommendations made by the Ombudsman to the Minister

- Powers relating to the exclusion of cases otherwise compensated when fixing the amount of a pension, allowance or gratuity awarded to an officer or soldier under the Army Pensions Act.

- Powers in relation to the award of cadetships

- Powers in relation to transfers of cadets

- Powers in relation to the appointment of cadets discharged from the Permanent Defence Force as officers of the Reserve Defence Force

- Undertakings by cadets to refund the cost of training to the Minister

- Powers in relation to age limits, heights and physical standards for recruits.

- Powers in relation to leave- granting authorities

- Powers in relation to granting special leave with pay and allowances to a member of the Permanent Defence Force who has been selected to represent Ireland at approved international sporting events

- Powers in relation to the extension of sick leave by Minister

- Powers in relation to the extension of hospital treatment by Minister

- Powers in relation to the sanction by the Minister of periods of sick leave and/or treatment recommended by a medical board

- Powers in relation to the retention of PDF members who are medically classified as below Defence Forces medical standard but who are fit to carry out the duties to which they are assigned

- Powers in relation to promotion to higher acting Rank

- Powers in relation to the approval to fill vacancies by promotion

- Powers in relation to promotion of officers to the next higher rank

- Powers in relation to the approval of the administration of promotion boards

- Powers in relation to the secondment of an officer to a Department of State, local authority or civil undertaking

- Powers in relation to the extension of officers retirement ages/dates

- Powers in relation to permission for voluntary retirement of officer

- Powers in relation to the filling of vacancies in respect of appointments of officers with professional qualifications

- Powers in relation to the general qualifications required for appointments of officers with professional qualifications

- Powers in relation to the nomination of qualified candidates for appointment to be officers

- Powers in relation to undertakings by members of the Permanent Defence Force who are assigned to undergo a special course of training or instruction outside the Defence Forces

- Powers in relation to the provision of facilities and/or financial assistance to the Representative Association for Commissioned Officers (RACO), with the concurrence of the Minister for Public Expenditure & Reform

- Powers in relation to matters coming under the scope of representation which may be agreed between the Minister and RACO

- Powers in relation to the secondment of officers of the Permanent Defence Force to RACO with the consent of the Minister for Public Expenditure & Reform

- Powers in relation to the constitution and rules of the Association (RACO)

- Powers in relation to the provision of facilities and/or financial assistance to the Permanent Defence Force Other Ranks Representative Association (PDFORRA) with the concurrence of the Minister for Public Expenditure & Reform

- Powers in relation to matters coming under the scope of representation of the Association (PDFORRA)

- Powers in relation to the secondment of non commissioned officers and privates of the Permanent Defence Force to PDFORRA with the consent of the Minister for Public Expenditure & Reform

- Powers in relation to the approval of the constitution and rules of the Association (PDFORRA)

I can confirm that there are no plans to amend the Ministers and Secretaries Act to assign the Department of Defence to a Minister of State. The delegation by Government of powers to the Minister of State under the Defence (Delegation of Ministerial Functions) Order 2014 in no way downgrades the role of the Minister for Defence. Every power or duty delegated to the Minister of State continues to be vested in me as Minister for Defence concurrently with the Minister of State and may be exercised or performed by either. As Minister for Defence I remain responsible to Dáil Éireann and as the member of the Government for the exercise and performance of the statutory powers and duties delegated.

Freedom of Information Requests

Questions (564)

Seán Fleming

Question:

564. Deputy Sean Fleming asked the Minister for Defence if he will outline in tabular form per annum from 2009 to date in 2014 the total number of FOI requests received by his Department; the total refused; the total granted; the total part granted; the total appealed; the total successful appeals; the total part successful appeals; the total refusals; and if he will make a statement on the matter. [29065/14]

Written answers

The Taoiseach

The information requested by the Deputy is set out in the tables below:

- FOI Requests:

Year	Number of Requests *	Refused	Granted	Part Granted
2009	62	10	30	10
2010	63	8	12	20
2011	40	5	20	7
2012	50	5	15	11
2013	40	5	7	11
2014 to date	11	2	2	5

*please note that this figure includes requests received which were subsequently withdrawn, withdrawn and handled outside FOI and requests transferred to another body.

FOI Appeals/Internal Review:

Year	Total Appealed	Successful	Part Successful	Unsuccessful
2009	3			3
2010	2		1	1
2011	4		1	3
2012	2	1		1
2013	3		1	2
2014 to date	1		1

FOI Appeals to Office of Information Commissioner:

Year	Total Appealed	Successful	Part Successful	Unsuccessful
2009	0
2010	1			1
2011	1			1
2012	0
2013	2	1		1
2014 to date	0

Departmental Staff Career Breaks

Questions (565)

Robert Troy

Question:

565. Deputy Robert Troy asked the Minister for Defence if he will provide in tabular form the number of staff in his Department currently on a sabbatical-career break broken down by zero to six months; six to 12 months; one to two years; two to three years; four to five years; five years-plus; and if he will make a statement on the matter. [29082/14]

Written answers

The Taoiseach

Civil Service policy on leave without pay is decided centrally by the Department of Public Expenditure and Reform. There are a range of options open to staff wishing to avail of periods of unpaid leave. The information requested by the Deputy in relation to the number of staff in my Department currently on sabbatical/career breaks/Carers leave is set out in the table below.

Duration	Number of Staff
0-6 months	1
6-12 months	Nil
1-2 years	2
2-3 years	2
4-5 years	3
5 years plus	Nil

Departmental Expenditure

Questions (566)

Robert Troy

Question:

566. Deputy Robert Troy asked the Minister for Defence if he will provide in tabular form, the total photography costs for his Department since coming to office inclusive of costs incurred from use of the ministerial allowance; the list of occasions for which photographers were booked; the photographers used; the breakdown of costs associated with each occasion that a photographer was used; if there is a policy regarding the booking of photographers within his Department; and if he will make a statement on the matter. [29099/14]

Written answers

The Taoiseach

The total costs for photography paid by the Department in 2011, 2012, 2013 and 2014 to date is set out in the table below:-

Date	Occasion	Company	Cost
25/3/2011	Ministerial File Portrait Package	Maxwell Photography	€393.25 (Including VAT)
9/11/2011	Launch of Winter Ready Campaign	Maxwell Photography	€849.42 (Including VAT)
21/11/2012	Launch of Winter Ready Campaign	Fennell Photography	€116.85 (including VAT)

The Department of Foreign Affairs and Trade, following an EU-level advertised procurement process, has established a Framework Agreement comprising five firms for the provision of photography services. The Framework was established in February 2012 and is open for use by all Government Departments and Offices. My Department avails of this Framework Agreement for photography needs.

Departmental Contracts

Questions (567)

Robert Troy

Question:

567. Deputy Robert Troy asked the Minister for Defence if he will provide, in tabular form, the use of external public relations firms employed by his Department since coming to office; the list of uses of the external public relations firm; the internal Department policy with regard to employing external groups; and if he will make a statement on the matter. [29116/14]

Written answers

The Taoiseach

My Department has not incurred any expenditure on external public relations since March 2011.

Departmental Expenditure

Questions (568, 569)

Robert Troy

Question:

568. Deputy Robert Troy asked the Minister for Defence the total amount spent on external IT consultants by his Department in 2010, 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [29151/14]

Robert Troy

Question:

569. Deputy Robert Troy asked the Minister for Defence if his Department has renegotiated external IT consultancy contracts and costs since March 2011; and if he will make a statement on the matter. [29170/14]

Written answers

The Taoiseach

I propose to take Questions Nos. 568 and 569 together.

The information requested by the Deputy in relation to the total amount of expenditure on external IT consultants by my Department, for 2010, 2011, 2012, 2013 and to date in 2014 is set out in the table below.

My Department is always mindful of the costs involved in engaging consultants. External consultants are engaged only when there is a clear need for specialised expertise and following a rigorous examination of skills and resources available in-house. The objective of using outside consultants is to ensure that my Department achieves value for money by implementing recommendations for improvements in order to maximise efficiency and effectiveness.

My Department adheres to the standards set out in the Public Procurement rules & guidelines in awarding contracts. My Department has not re-negotiated any external IT consultancy contracts or costs since March 2011. Multi-annual contracts are regularly reviewed to ensure best value for money and are extended, within the terms of the contract awarded, provided that the quality of service required by my Department is being met.

Year	Amount
2010	€82,770
2011	€22,009
2012	€201,224
2013	€93,977
To date in 2014	€34,038

Appointments to State Boards

Questions (570)

Robert Troy

Question:

570. Deputy Robert Troy asked the Minister for Defence if he will provide in tabular form the number of appointments to State boards under his Department's remit made since March 2011 to date; the number of vacancies in State boards under his Department's remit since March 2011 to date; the number of vacancies in State boards under his Department's remit publically advertised since March 2011 to date; and the number of appointments to State boards under his remit drawn directly from the public advertisement process. [29188/14]

Written answers

The Taoiseach

The State Boards under the aegis of the Department of Defence when the Government took office were the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The Civil Defence Board was identified in the Public Service Reform Plan as a body to be abolished. The then Minister for Defence appointed a 14 person interim Board as a temporary measure in 2011 and in this context none of the positions were advertised. Legislation to dissolve the Board was passed by the Oireachtas in December 2012. Its functions have now transferred back to the Department of Defence. There were no appointments to the Board of Coiste an Asgard from 2009. In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. The formal wind up of the Company including voluntary strike off with the Companies Registration Office was completed in early 2013. The only body currently under the aegis of the Department of Defence is the Army Pensions Board. The Army Pensions Board is an independent statutory body established under the Army Pensions Act, 1927. The Act specifies that the Board shall consist of a chairman and two ordinary members. The two ordinary members must be qualified medical practitioners of whom one must be an officer of the Army Medical Corps. The chairman and the non military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Public Expenditure and Reform. The Army Medical Corps ordinary member is appointed by the Minister for Defence on the recommendation of the Chief of Staff of the Defence Forces. There have been two appointments to the Army Pensions Board since March 2011. A serving officer was appointed to the position of Army Medical Corps member of the Board in December 2011, and a civilian doctor was appointed as ordinary member in November 2013. The position of Army Medical Corps ordinary member became vacant due to retirement in 2011. The then Minister for Defence appointed Commandant Adam Lagun to the Board on the recommendation of the Chief of Staff. As the Army Pensions Act, 1927 specifies that one of the ordinary members must be an officer of the Army Medical Corps, this position was not publicly advertised. Details of Commandant Lagun's appointment to the Army Pensions Board were published in the Iris Oifigiúl on 13 January 2012. The civilian doctor vacancy was advertised on the Department of Defence website and the Public Appointments Service website. A number of expressions of interest in the position were received and an appointment to the Board was made on foot of this public advertisement process.

Naval Service Staff

Questions (571)

Dara Murphy

Question:

571. Deputy Dara Murphy asked the Minister for Defence if it is possible for a serving member of the Naval Services to transfer to the Army; and if he will make a statement on the matter. [29211/14]

Written answers

The Taoiseach

I am advised by the Military authorities that personnel from the Naval Service are no different to any other Service or Formation within the Defence Forces in that they may apply for transfers within the organisation. All transfer requests are considered on an individual basis by the Unit Commander and the Formation Commander of the applicant in light of personnel strengths and exigencies of the service, in addition to the personal circumstances of individual applications.

Legislative Programme

Questions (572)

Éamon Ó Cuív

Question:

572. Deputy Éamon Ó Cuív asked the Minister for Defence the number of Bills his Department has published since March 2011; the number of regulatory impact assessments that his Department has published since March 2011; and if he will make a statement on the matter. [29290/14]

Written answers

The Taoiseach

The following Bills have been published since March 2011:-

1. Defence (Amendment) Act 2011 – The Act provides for amendments to the Defence Acts to expand the potential candidature for appointment to the post of Military Judge and the Director of Military prosecutions to persons other than members of the Defence Forces and for an amendment to the powers of the Selection Committee to determine a candidate's qualification for appointment to these posts. It also provides for the appointment of a Circuit Court Judge to perform the functions of the Military Judge where the Military Judge is not available.

2. Civil Defence Act 2012 - This Act repealed the Civil Defence Act 2002, dissolved the Civil Defence Board and transferred its functions, property, rights, liabilities and other responsibilities back to the Department of Defence.

3. Defence Forces (Second World War Amnesty and Immunity) Act 2012 - The Act provides for the granting of an amnesty and apology to those members of the Defence Forces who served with forces fighting on the Allied side during World War II and who were subsequently found guilty by a military tribunal or who were dismissed from the Defence Forces pursuant to the provisions of the Emergency Powers (No. 362) Order 1945. In addition, it also provides an immunity from prosecution, to those who were, or who still are, liable to be prosecuted for, desertion or being absent without leave.

There have been no Regulatory Impact Assessments carried out by the Department of Defence since March 2011. The Defence Acts and Regulations made thereunder are for the most part, focused on the Defence Forces only and do not apply to the ordinary citizen or to business. Notwithstanding this, the Department applies the principles set out in the Regulatory Impact Assessment (RIA) Guidelines issued by the Department of the Taoiseach where appropriate.

Departmental Operations

Questions (573)

Niall Collins

Question:

573. Deputy Niall Collins asked the Minister for Defence if his Department or agencies under its auspices has engaged the services of a debt collection agency in pursuing money owed to his Department or its agencies; if his Department have guidelines regarding hiring such agencies; and if he will make a statement on the matter. [29327/14]

Written answers

The Taoiseach

Neither the Department of Defence nor any agency under the auspices of the Department has engaged the services of a debt collection agency in pursuing money owed.

Departmental Staff Remuneration

Questions (574)

Mary Lou McDonald

Question:

574. Deputy Mary Lou McDonald asked the Minister for Defence if he will provide the name, position and annual salary awarded to each of his special advisers; if he will provide details of any request made for an increase above the special adviser pay cap from the Department of Public Expenditure and Reform and the amount of the increase sought. [29600/14]

Written answers

The Taoiseach

I have not appointed any special advisors in my role as Minister for Defence.

Defence Forces Personnel

Questions (575)

Patrick O'Donovan

Question:

575. Deputy Patrick O'Donovan asked the Minister for Defence if in the past a member of the Defence Forces from a foreign State has ever been transferred to the Irish Defence Forces. [29650/14]

Written answers

The Taoiseach

I am advised by the military authorities that transfer is an administrative process within the context of the Defence Forces. The Defence Forces does not have an administrative relationship with military forces from other countries wherein personnel can be transferred between it and other forces. No serving individual has or can transfer between the Defence Forces and other military forces. Defence Force Regulations states, that a person belonging to the Military, Naval, Air, Police or Reserve Forces of any other country or State is ineligible for enlistment to the Defence Forces. However, it is the case that former members of other national military forces may apply for entry to the Irish Defence Forces subject to the qualifying conditions applying at the time. I am advised by the military authorities that such individuals have frequently been enlisted or commissioned into the Defence Forces in the past. For example, former medical officers from other military forces have been commissioned into the Defence Forces.

Defence Forces Personnel

Questions (576)

Aengus Ó Snodaigh

Question:

576. Deputy Aengus Ó Snodaigh asked the Minister for Defence the procedures that needs to be followed by the Army medical staff before a soldier is discharged from the Army; if it involves a medical board or a single doctor; and if the soldier has any recourse to an independent medical witness or assessor to advocate on their behalf. [29742/14]

Written answers

The Taoiseach

The military authorities advise that if a Medical Officer is of the opinion that a soldier fails to meet the medical contractual standards for further engagement or extension of service, the Medical Officer should refer the case to a Medical Board. A Medical Board consists of at least two Medical Officers. The board members must have had no previous clinical interaction with the individual over the condition for which the board was convened. At all times the individual may submit new reports, including reports from independent medical experts, to the original examining Medical Officer or to the Medical Board, who may decide on the basis of the evidence submitted to award a new Medical Classification Code that may permit further service.

If he or she so desires, the individual may appeal the Medical Board’s decision to the Director, Medical Branch (DMB) and submit further new reports from independent medical experts for consideration. The Director, Medical Branch shall consider all written representations made for the purpose of these proceedings by or on behalf of the individual who was reclassified by the Medical Board within 28 days of receipt of same together with the Medical Board report and the relevant medical documents which were put before the Medical Board. The DMB shall notify the Officer Commanding the individual immediately on making his decision. The Commanding Officer will inform the individual of the DMB's decision on his representations against the determination of the Medical Board.

Personnel taking discharge for reasons other than those outlined above are subject to a final Discharge Medical carried out by a Medical Officer.

Defence Forces Personnel

Questions (577)

Aengus Ó Snodaigh

Question:

577. Deputy Aengus Ó Snodaigh asked the Minister for Defence if a soldier was originally passed fit for overseas duty and on return from such duty was found to be medically unwell and having been diagnosed with medical problems, the Army can then proceed to discharge the person; and if so, on what grounds. [29743/14]

Written answers

The Taoiseach

Members of the Defence Forces are required to meet certain medical and physical fitness standards in order to remain operationally fit for military service. The medical status of personnel is assessed before and after overseas service. Like all members of society their health status may change over time. The question of retirement or discharge of a member of the PDF on medical grounds is governed by Defence Forces Regulations.

The military authorities advise that if a Medical Officer is of the opinion that an individual's disability or illness is likely to be of a permanent or protracted nature preventing the performance of military duties the Medical Officer shall recommend that the individual be examined by a Medical Board with a view to determining his/her fitness for further service in the PDF. A Medical Board consists of at least two Medical Officers. The board members must have had no previous clinical interaction with the individual over the condition for which the board was convened. At all times the individual may submit new reports, including reports from independent medical experts, to the original examining Medical Officer or to the Medical Board, who may decide on the basis of the evidence submitted to award a new Medical Classification Code that may permit further service. Where the Medical Board upholds the opinion of the Medical Officer, the individual may appeal the Medical Board's decision to the Director Medical Branch and submit further new reports from independent medical experts for consideration. Where the Director Medical Branch confirms the decision of the Medical Board steps are initiated to have the person discharged or relinquish their commission. Where the Director Medical Branch does not accept the decision of the Medical Board the Director may award an appropriate medical classification to the individual which may lead to his/ her continuance in service.

There are many other grounds apart from medical reasons why a person might be discharged from the Permanent Defence Force.

Defence Forces Personnel

Questions (578)

Aengus Ó Snodaigh

Question:

578. Deputy Aengus Ó Snodaigh asked the Minister for Defence in the case of a soldier being discharged from the the Army on medical grounds relating to their mental health, if they are then entitled to an Army medical pension; and if so, the entitlements for which they are eligible. [29744/14]

Written answers

The Taoiseach

The question of retirement or discharge of a member of the Permanent Defence Force (PDF) on medical grounds is governed by Defence Forces Regulations. As regards medical pensions, there are two separate pension codes applicable to Defence Forces personnel. Retirement pension terms for PDF personnel are governed by the Defence Forces Superannuation Schemes. These Schemes contain provisions for payment of immediate benefits in the case of retirement or discharge on medical grounds, regardless of whether the medical condition is service related. Entitlements vary as they are subject to minimum qualifying service and are based on various factors, which include: date of joining the Defence Forces, pensionable pay, retiring rank and period of pensionable service.

For example, an NCO or Private recruited prior to April 2004 must ordinarily have at least 21 years' service to qualify for immediate pension and lump sum. However where the person is discharged on medical grounds and has 12 or more years service but less than 21 years, they qualify for a retirement pension and lump sum based on a proportion of 21 year benefits. For those recruited since 1 April 2004 and before 1 January 2013, an immediate pension and gratuity is payable on medical discharge provided the person has five or more years of reckonable service. For those recruited on or after 1 January 2013, an immediate pension and gratuity is payable on medical discharge, once the person has a minimum of two years of reckonable service.

In addition to benefits under the Defence Forces Superannuation Schemes, the Army Pensions Acts provide for the grant of a pension or a gratuity to former members of the PDF in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad), or due to disease attributable to or aggravated by overseas service with the United Nations. The rate of disability pension or gratuity awarded depends on the degree of disablement attributable to military service, as assessed by the Army Pensions Board. The Board is the independent statutory body established under the Acts to investigate and adjudicate on applications under the Acts and to report to the Minister thereon.

It should be emphasised that retirement or discharge from the PDF on medical grounds does not give an automatic entitlement to a disability pension. Also, it should be noted that where eligible for both a disability pension and retirement pension, the Defence Forces Superannuation Schemes provide that the combination of both pensions is subject to an overall limit.

PDF personnel who wish to receive an estimate of their entitlements under the Defence Forces Superannuation Schemes, or who want information on disability benefits under the Army Pensions Acts and the procedures for applying for same, may contact the Pensions Administration Section of the Department of Defence. Information on retirement and disability pension terms is also available to military personnel on the Defences Forces intranet and from Barrack Personnel Support Services (PSS) at local level.

The Personnel Support Service (PSS) is a confidential information, education, support and referral service for Defence Forces personnel. There is a PSS office in every major installation in the Defence Forces. In addition, each Brigade/Formation has a civilian Defence Forces Social Worker whose tasks are to provide assistance and support to service personnel and their families where required.

Finally, former PDF personnel are covered for the full range of benefits under the Social Welfare Acts, including jobseekers benefit, illness benefit and invalidity pension. They are also covered for hospital and medical services under the Health Acts on the same basis as other members of the community.