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Wednesday, 16 Jul 2014

Written Answers Nos. 191-200

Ministerial Appointments

Questions (191)

Niall Collins

Question:

191. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he will provide a list of all appointments he has made since he became Minister; if he will identity those appointments which were advertised publicly; and if he will make a statement on the matter. [31923/14]

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Written answers

Since May 2011, a notification has been placed on my Department’s website inviting expressions of interest from persons interested in being appointed to the boards of State Bodies under the aegis of my Department. The list of board vacancies is updated on a regular basis.

In making any board appointments, I am not necessarily confined to those who make such expressions of interest but ensure that all of those appointed have the relevant mix of knowledge and expertise to contribute to the relevant board.

In the case of the Aquaculture Licensing Appeals Board, Bord Bia, Teagasc, National Milk Agency, Veterinary Council of Ireland and Horse Racing Ireland board appointments, while made by me, are not at my sole discretion in that individuals are nominated for appointment by me as specified in the relevant statute.

The information sought by the Deputy is outlined in the table as at 16 July 2014.

Question No. 192 answered with Question No. 188.

Agri-Environment Options Scheme Payments

Questions (193)

John O'Mahony

Question:

193. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when farmers will receive the remaining 25% of the agri-environment options scheme, AEOS, 3 payment; and if he will make a statement on the matter. [31984/14]

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Written answers

Area-based schemes under the Rural Development Programme, 2007-13, are subject to EU Regulations which require detailed administrative checks on all applications, including cross checks with the Land Parcel Identification System, to be completed before payments can issue. These rigorous procedures, together with on-farm inspections, apply to a number of scheme payments including the Agri-environment Options Scheme (AEOS), and are necessary to ensure that applications meet the scheme conditions and cross-compliance requirements. In line with the governing Regulations, payments issue in two tranches, 75% payment and 25% payment. The administrative checks have been completed and 75% payments are well under way with payments issuing on a continuous basis until all payments are complete. It is anticipated that the balancing 25% payments will commence shortly, for all of those applicants whose files are in order.

Legislative Measures

Questions (194)

Seán Ó Fearghaíl

Question:

194. Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form those Acts currently in force for which he has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same; and if he will make a statement on the matter. [31996/14]

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Written answers

Since this Government took office my Department has published three Bills, all of which have been enacted:

- Veterinary Practice (Amendment) Bill (28 July 2011)

- Animal Health and Welfare Bill (25 April 2012) and

- Johnstown Castle Agricultural College (Amendment) Bill (15 May 2014)

Parts 5, 11 and 12 of the Animal Health & Welfare Act are not core to the operation of the Act and relate to stand alone schemes for Animal Health Levies, Animal Tracing Systems and Animal Marts respectively which allow for the existing schemes to be expanded in terms of coverage or modernised. In each case there is currently an operational scheme already in place and as such these particular parts have yet to be formally commenced.

Visa Applications

Questions (195)

Eric J. Byrne

Question:

195. Deputy Eric Byrne asked the Minister for Justice and Equality the position regarding visa approval in respect of a child (details supplied); and if she will make a statement on the matter. [31734/14]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to by the Deputy was received in the Visa Office, Dublin on 17 February 2014. Following full consideration, the Visa Officer decided to refuse to grant the visa on 11 April 2014. The reason for refusal was that a declaration of Eligibility and Suitability from the Adoption Authority of Ireland was not provided.

The decision to refuse was appealed on 8 May 2014 and the decision to refuse the application was upheld at appeal.

Both the Republic of the Philippines and Ireland ratified the 1993 Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption in 1996 and 2010 respectively. In order for Ireland to recognise an adoption legally contracted in the Philippines or indeed in any other State which is a party to the aforementioned Convention, it is a requirement that the adopting parties obtain a Declaration of Eligibility and Suitability from the Adoption Authority of Ireland. As such a declaration has not been obtained in the case referred to by the Deputy it would not be appropriate for a visa to issue.

Queries in relation to general immigration matters 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.

Garda Deployment

Questions (196)

Niall Collins

Question:

196. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of gardaí stationed in counties Roscommon and Leitrim by station in 2011, 2012, 2013 and 2014; the number of Garda cars attached to those stations in those years; and if she will make a statement on the matter. [31687/14]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner that on the 31 December 2011, 2012, 2013 and on the 31 May 2014, the latest date for which figures are readily available, the personnel strength of each station in the Roscommon/Longford Division and Sligo/Leitrim Division was as set out in the table attached.

Roscommon/Longford Division

Sligo/Leitrim Division

The allocation of Garda vehicles is monitored and reviewed on a continual basis. The responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between Stations as required by operational circumstance. I have requested the specific details on the number of Garda cars in each station, on receipt of which I will write directly to the Deputy.

Garda Deployment

Questions (197)

Niall Collins

Question:

197. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of gardaí stationed in counties Carlow and Kilkenny by station in 2011, 2012, 2013 and 2014; the number of Garda cars attached to those stations in those years; and if she will make a statement on the matter. [31688/14]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner that on the 31 December 2011, 2012, 2013 and on the 31 May 2014, the latest date for which figures are readily available, the personnel strength of each station in the Carlow/Kilkenny Division was as set out in the table overleaf.

District Station

2011

2012

2013

31 May 2014

Carlow

Ballon

1

1

1

1

Borris

2

2

2

2

Carlow

77

74

71

71

Hacketstown

1

1

1

1

Leighlinbridge

2

2

Closed 2013

N/A

Muinebheag

12

12

14

14

Myshall

1

1

1

1

Rathvilly

1

1

1

1

Tullow

17

17

17

15

Kilkenny

Ballyragget

1

1

Closed

2013

N/A

Callan

6

6

7

6

Castlecomer

14

13

12

11

Freshford

1

-

1

1

Johnstown

2

1

Closed 2013

N/A

Kilkenny

98

101

101

100

Urlingford

1

1

2

2

Thomastown

Ballyhale

1

1

0

0

Bennetsbridge

1

1

1

1

Glenmore

-

1

1

1

Goresbridge

2

2

2

2

Graiguenamanagh

5

5

4

4

Inistioge

-

1

Closed 2013

N/A

Kilmacow

1

1

1

1

Kilmoganny

1

-

1

1

Mooncoin

14

13

12

12

Mullinavat

1

2

2

2

Piltown

1

1

1

1

Stonyford

1

0

0

0

Thomastown

38

36

33

33

The allocation of Garda vehicles is monitored and reviewed on a continual basis. The responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between Stations as required by operational circumstance. I have requested the specific details on the number of Garda cars in each station, on receipt of which I will write directly to the Deputy.

Magdalen Laundries

Questions (198)

Dessie Ellis

Question:

198. Deputy Dessie Ellis asked the Minister for Justice and Equality if a person (details supplied) in Dublin 9 has been included under the redress scheme for Magdalen survivors for which she was interviewed some time ago, having been imprisoned at the age of 15 and spending most of her life there; if her claim is being processed; and the reason for the delay in same. [31690/14]

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Written answers

An application was received, by the Restorative Justice Implementation Unit, in respect of this individual. Her claim has been processed, however, payment is delayed as I understand there are issues with regard to capacity.

Judge Quirke recommended that legislation was required where an applicant is found to lack capacity but has not been made a ward of court or where there is no enduring power of attorney. The legislation will provide for the appointment of a person by a court to act on behalf of an applicant. That person will then be responsible for accepting an offer from the ex gratia payments scheme, managing the moneys in the interests of the person and signing documentation on behalf of the person.

This issue will be addressed in the Redress for Women who were in Certain Institutions Bill or the Assisted Decision-Making Bill which is currently awaiting Committee Stage in the Oireachtas.

Residential Property Prices Register

Questions (199)

Stephen Donnelly

Question:

199. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if she will confirm that transaction prices shown on the residential property price register, which is operated by the Property Services Regulatory Authority, are exclusive of value added tax for new property sales; and if she feels this representation of prices is in keeping with the objectives of the RPPR. [31770/14]

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Written answers

The Residential Property Price Register, available at www.propertypriceregister.ie, is produced by the Property Services Regulatory Authority in accordance with the provisions of Section 86 of the Property Services (Regulation) Act 2011.

The Register contains information on residential properties purchased in Ireland since 1 January 2010, as declared to the Revenue Commissioners for stamp duty purposes. Stamp duty in respect of new properties is paid on the property price exclusive of VAT. Accordingly, the prices given to the Property Services Regulatory Authority by the Revenue Commissioners for new properties are VAT exclusive. The Information Note on the first page of the Residential Property Price Register clearly states that if the property is a new property, the price shown is exclusive of VAT at 13.5%.

The purpose of the Register is to bring transparency to house prices in Ireland. This it clearly does. The Register is a list of property prices and it is not a "property price index". Any user of the Register can clearly identify from the information supplied in the Register where the property price quoted is inclusive or exclusive of VAT. It is important to note that while the Property Services Regulatory Authority may reorder the data provided to it by the Revenue Commissioners for presentation purposes and to enable the data to be intelligently interrogated, the Authority may not alter the information given to it by the Revenue Commissioners.

Court Procedures

Questions (200)

Stephen Donnelly

Question:

200. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if she will consider removing court fees for bankruptcy, which, according to debtor advocate groups, are acting as an impediment to the uptake of the new bankruptcy regime; and if she will make a statement on the matter. [31771/14]

View answer

Written answers

I wish to inform the Deputy that fees charged in the courts are set by means of Statutory Instrument. Court fees orders are made by myself as the Minister for Justice and Equality with the consent of the Minister for Public Expenditure and Reform.

During 2013, the Courts Service carried out a comprehensive review of court fees. Court fees in connection with bankruptcy proceedings are currently regulated by the Supreme and High Court (Fees) Order 2014 (S.I. 24 of 2014) which came into effect on 3 February 2014. The fees comprise €190 payable on the petition for bankruptcy and €20 payable on the verifying affidavit. As the Deputy will appreciate, court fee income forms a significant part of the funding for the general operation of the courts and the Courts Service keeps its fee structure under continuous review in accordance with the power given to it under the Courts Service Act. I have no plans to reduce the fees payable under S.I. 24 of 2014, however, the operation of the law in this area is kept under review by my Department.

In addition, the Deputy should note that fees are also payable to the Insolvency Service of Ireland during administration of a bankruptcy as set out in the Personal Insolvency Act 2012 (Prescribed fees in Bankruptcy Matters) Regulations 2013 (S.I. 465 of 2013). These fees similarly are kept under review. The law relating to bankruptcy was already changed in 2013 (by the Companies (Miscellaneous Provisions) Act 2013 to reduce the costs of bankruptcy for debtors by providing that the necessary publication could be made without charge on the website of the Insolvency Service, rather than by advertisements in national newspapers. The resulting saving for a person wishing to become bankrupt was estimated at up to €500.

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