Written Answers Nos. 249-267
249. Deputy Billy Timmins asked the Minister for Agriculture, Food and the Marine the position regarding a disadvantaged areas payment in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [38124/14]
View answerThe person named submitted a 2014 Single Farm Payment /Disadvantaged Areas scheme application on 1 April 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue.
The application of the person named was selected for a ground eligibility inspection. This inspection has been completed and the results are now being finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.
250. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the position regarding an application under the disadvantaged areas scheme in respect of a person (details supplied) in County Mayo; when payment is expected to be made; and if he will make a statement on the matter. [38148/14]
View answerThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 3 April 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.
The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection is currently being finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.
251. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a single farm payment scheme penalty will be reviewed in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [38241/14]
View answerAs you may be aware my Department is currently examining land parcels declared under the Single Payment Scheme and other area-based Direct Payment Schemes. As part of this review an ineligible area was identified and removed from a number of parcels declared by the person named.
The person named was notified of this decision and of their right of appeal. Following an appeal from the person named my Department has carried completed its review of the case and has rejected the appeal submitted by the person named. The applicant was informed of the outcome of this review in a letter dated 10 January 2014 and informed of his right to submit an appeal to the LPIS Appeals Committee.
By letter dated 17 February 2014, the person named opted to avail of his right to appeal to the independently-chaired LPIS Appeal Committee. Following due consideration, the LPIS Appeal Committee rejected his appeal, and notified him of the decision by letter dated 22 August 2014, in which, they outlined his right to appeal to the office of the Ombudsman.
252. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine when the advance payment of single farm payment will be made as it is important in assisting farming cash flow; and if he will make a statement on the matter. [38298/14]
View answerThe timing of the Single Farm Payment is of critical importance to farmers and the wider rural economy, given that it represents in excess of €1.2 billion of the €1.6 billion that is paid out annually in direct aid. The SFP forms a significant part of the annual income of farmers in Ireland, in many cases it is used to subsidise the running costs of the farming enterprise and is, therefore, greater than the net farm income in those cases. I am particularly conscious of the need to improve the cash flow on these farms. In the case of the Single Farm Payment, I can confirm that advance payments valued at over €500 million will commence on 16 October. My Department will make every effort to maximise the number of applicants cleared for payment on that date and will continue regular payment runs for cases as they are fully processed for payment thereafter. As in previous years the balancing payment will commence on 1 December.
253. Deputy Robert Dowds asked the Minister for Agriculture, Food and the Marine if he will provide information on the number of State agencies or organisations under the remit of his Department which are paid up members of IBEC; the names of each agency or organisation; the amount which each agency or organisation paid to IBEC in the years 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [38720/14]
View answerThis is an operational matter for the State Bodies concerned.
254. Deputy Pearse Doherty asked the Minister for Defence the scheduled reductions in his Department, or in agencies under his aegis, for spending in 2015 and the areas of spending in which these reductions scheduled to take place, to show the amount of reductions by theme. [38022/14]
View answerThe allocation for my Department for 2015 will be decided by the Government in the context of the on-going Estimates and Budgetary process.
255. Deputy James Bannon asked the Minister for Defence the current strength of the Permanent Defence Force personnel in Custume Barracks, Athlone, County Westmeath and the envisaged recruited numbers there following the next round of recruitment; and if he will make a statement on the matter. [38273/14]
View answerI am advised that the establishment strength for units based in Custume Barracks is 995. The military authorities have confirmed that the current strength of personnel in Custume Barracks, Athlone is 1,030. This figure includes 93 personnel attached to the Barracks while attending training courses there. On 20 October, 2014 40 army recruits will commence training in Custume Barracks. On completion of training an assignment board will determine where they will be posted. Assignment will be based on operational requirements at that time.
256. Deputy James Bannon asked the Minister for Defence the total amount spent by his Department upgrading and improving facilities at Custume Barracks, Athlone, County Westmeath following the closure of Connolly Barracks, County Longford in 2008 to accommodate Permanent Defence Force personnel from both barracks in Longford and Mullingar; and if he will make a statement on the matter. [38274/14]
View answerConnolly Barracks, Longford and Columb Barracks, Mullingar, closed in 2009 and 2012 respectively. The majority of personnel and equipment associated with these Barracks were relocated to Custume Barracks, Athlone.
In order to facilitate the increased numbers of personnel in Custume Barracks arising from the consolidation programme some improvement works were required. These works were carried out in conjunction with ongoing planned infrastructure improvement works under the Department's building programme and are designed to modernise and enhance the training, operational and accommodation facilities available to members of the Defence Forces. Under this programme there has been considerable capital investment amounting to some €6.38m from 2009 to date at Custume Barracks, Athlone.
The most recent major projects undertaken at the barracks include the construction of Armoured Vehicle Garaging facilities (€932k), a Gymnasium (€1.82m) and an upgrading of gas and water main facilities (€597k), including the provision of new underground services and associated works. The improvement and rationalisation of facilities in Athlone over recent years benefitted the incoming units from Connolly Barracks and Columb Barracks as well as the units already located there. In addition to the major capital projects as outlined above, there are ongoing works required to ensure the upkeep and repair of buildings and provide facilities generally for personnel. Recent examples include the upgrading of Accommodation Blocks 'K'’ and 'I' (at a cost of €357k) in order to provide transit accommodation for personnel, including those relocated under the barrack consolidation programme. Additional locker facilities were also provided (at a cost of €397k) for personnel transferring into the Barracks over that period.
257. Deputy Robert Dowds asked the Minister for Defence if he will provide information on the number of State agencies or organisations under the remit of his Department which are paid up members of IBEC; the names of each agency or organisation; the amount which each agency or organisation paid to IBEC in the years 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [38724/14]
View answerThe only body under the aegis of my Department is the Army Pensions Board. The Army Pensions Board is not a member of the Irish Business and Employers Confederation.
258. Deputy Michael Lowry asked the Minister for Justice and Equality if he will provide an update on the costing and implementation of the five priorities identified by the Irish Deaf Society at its meeting with him, and as was promised by him by early 2014; if he will further provide an update on the steps that have been taken to date to review these proposals; if consideration has been given to these proposals; if so, the outcome of same; and if she will make a statement on the matter. [37839/14]
View answerAt the outset, I must inform the Deputy that, while my Department has a coordinating role in relation to Disability policy, responsibility for specific policy areas rests with the relevant Government Departments.
I understand that the Deputy may be referring to a thematic meeting of the National Disability Strategy Implementation Group which was chaired by Minister Kathleen Lynch. The Irish Deaf Society was one of a number of groups who took part in that meeting. The issues raised at that meeting are under consideration by the relevant Departments at present and I expect that they will revert to me with their observations shortly.
259. Deputy Robert Troy asked the Minister for Justice and Equality the reason host families are not Garda vetted when taking foreign students during the year and or the summer. [37977/14]
View answerThe National Vetting Bureau (Children and Vulnerable Persons) Act 2012 creates an obligation for relevant organisations to conduct vetting of persons working with or providing relevant services to children. Such services include "the provision by a person, whether or not for commercial or other consideration, of accommodation in his or her own home." Consequently, language schools which arrange such accommodation placements for foreign students must conduct Garda Vetting in respect of persons who are contracted to provide accommodation in this regard.
However, the 2012 Act does not apply to "private arrangements". These are defined in the Act as arrangements made by an individual for the benefit of a child of the individual. This means that a parent is not required to seek Garda Vetting if they make a private exchange student arrangement with another family.
Before the 2012 Act could be commenced 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. The 2012 Act will then be commenced at the earliest opportunity.
260. Deputy Joe Costello asked the Minister for Justice and Equality the reason for the delay for Ireland to ratify the UN Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [38074/14]
View answerThe Government intends to proceed to ratification of the Convention as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.
A team has been charged with looking into all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place, and met recently to review issues and the action and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.
Progress towards ratification therefore continues to be made. One of the core elements of the remaining work to be completed is the enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill will comprehensively reform existing legislation governing capacity and will provide a series of options to support people with decision-making capacity difficulties to make decisions and exercise their basic rights in line with the principles of the Convention. The Bill is currently awaiting Committee Stage in the Dáil.
261. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which provision may be made to allow a person (details supplied) enter the country; and if she will make a statement on the matter. [37657/14]
View answerI 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 Dublin visa office on 16 September 2014. The application is currently being examined and a decision will be issued shortly.
It is open to a visa-required national to make a visa application for any purpose including for the purpose of entering into a marriage in Ireland; the onus resting with the applicant to satisfy the visa officer as to why the visa should be granted. All information that the applicant wishes to have taken into consideration should be included with their application. Where the stated purpose of the application is to marry in Ireland it is advisable to provide evidence of that intention in the form of an acknowledgement from the Registrar confirming the date of receipt of notification of the intention to marry. The appropriate type of visa is a short stay visa under which the maximum stay allowed is 90 days.
As with all applications for short stay visas, the applicant must show that they have sufficiently strong family, social or economic ties to a place of residence in a country other than Ireland to assure the visa officer assessing the application that the projected stay in Ireland will be temporary and in accordance with the duration and conditions of the permission granted by the immigration authorities on arrival in Ireland.
Guidelines on the visa application process can be found on the INIS website (www.inis.gov.ie). It should be borne in mind, however, that the information contained on the website is intended to act as guidance only; it does not limit the discretion of the visa officer in dealing with individual applications.
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.
262. Deputy Dominic Hannigan asked the Minister for Justice and Equality her views on the Irish Deaf Society and its calls for Irish Sign Language to be recognised by the State; and if she will make a statement on the matter. [37672/14]
View answerThe Programme for Government includes a commitment to "examine different mechanisms to promote the recognition of Irish sign language" and this process has already commenced. The National Disability Authority (NDA) facilitated consultations with the Deaf Community in Ireland in 2012 at my Department's request in relation to actions that could make improvements in the lives of deaf people and submissions received from them were considered for inclusion where possible and appropriate in the National Disability Strategy Implementation Plan (NDSIP) which was published in July 2013.
As part of the follow-up to that initiative, the first special themed meeting of the National Disability Strategy Implementation Group (NDSIG) focussed on the issue of Irish Sign Language on November 28, 2013. This meeting brought together representatives of relevant Departments, the NDA, the Deaf Community and other relevant stakeholders with a view to further progressing the implementation of the NDSIP in this regard.
The meeting reviewed the current situation across Government Departments and their Agencies with regard to promoting recognition of Irish Sign Language including in-service provision and provided the Deaf Community with the opportunity of presenting their experience of interaction with the Public Sector. It also provided a useful opportunity to examine mechanisms which could promote the further use and recognition of Irish Sign Language and understand practical implications for service users. Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities. This report was submitted for consideration in the second quarter of this year. The intention is that the recommendations from this report will be reflected in the NDSIP where practicable, through the incorporation of new actions and related performance indicators and timelines as appropriate. Progress on all relevant actions will then be monitored as part of the Implementation Plan monitoring process. The focus therefore remains on the identification of mechanisms for the further promotion and recognition of Irish Sign Language with a view to promoting and supporting its use, thereby improving service delivery on the ground, rather than on its designation as an official language.
I might add that the existing supports for use of Irish Sign Language in Ireland give a level of recognition and practical measures equal to, or above that, in countries which have formally recognised sign language.
263. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determination of an application for naturalisation in the case of a person (details supplied) in County Louth; and if she will make a statement on the matter. [37681/14]
View answerI can inform the Deputy that the application has entered the final stage of processing and I intend to grant citizenship. A letter has issued to the person referred to by the Deputy asking her to submit the prescribed fee and other documents. When the fee and documentation has been received, the person concerned will be invited in due course to attend a citizenship ceremony, at which she will make a declaration of fidelity to the Irish Nation and loyalty to the State, give an undertaking to faithfully observe the laws of the State and to respect its democratic values and receive her certificate of naturalisation.
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.
264. Deputy Mick Wallace asked the Minister for Justice and Equality the action she has taken following new allegations regarding the continued abuse of the penalty points system; and if she will make a statement on the matter. [36806/14]
View answerThe matter referred to by the Deputy was brought to the attention of the Acting Garda Commissioner by way of a disclosure under the Protected Disclosures Act 2014 alleging ongoing Garda misconduct in the cancellation of Fixed Charge Notices. The Acting Commissioner referred the matter to me with a request that I consider referring the allegations to the Garda Síochána Ombudsman Commission (GSOC) for independent investigation. The Commissioner, in addition to referring the matter to me, ordered an internal examination be conducted by both the Garda Professional Standards Unit (GPSU) and the Garda Internal Audit Unit.
Clearly, any infringement of policies and procedures by any member of An Garda Síochána would be a very serious matter. Conscious of the need for continued public confidence in the integrity of the fixed charge notice system, and of the desirability of an independent investigation of the allegations in the public interest, I referred the allegations to GSOC, under section 102 of the Garda Síochána Act 2005, for independent investigation.
What is important now is that the actual facts of the situation are established before any conclusions are reached. The actions being taken by the Acting Garda Commissioner and the separate independent inquiry by GSOC should achieve exactly that. I have already indicated that the findings of these examinations will be made public.
265. Deputy John O'Mahony asked the Minister for Justice and Equality her plans to reform the court poor box system to ensure that a significant amount of contributions made in a county will remain there; and if she will make a statement on the matter. [37695/14]
View answerIn early February, the Government approved the drafting of a Criminal Justice (Community Sanctions) Bill to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system.
The General Scheme of the Bill, which is available on my Department's website, has been submitted to the Office of the Parliamentary Counsel for drafting. The General Scheme was the subject of pre-legislative consideration by the Joint Oireachtas Committee on Justice, Defence and Equality, which published its Report on the General Scheme on 10 July.
It is my intention that the legislation will abolish the Court Poor Box and replace it with a statutory Reparation Fund to provide for a fair, equitable and transparent system of reparation that will apply only to minor offences dealt with by the District Court. The new Reparation Fund will be used to provide additional funding for services for victims of crime and compensation payments payable by the Criminal Injuries Compensation Tribunal. The legislation will clearly provide that the Reparation Fund may not be used for any purpose other than the provision of compensation, reparation and assistance for victims of crime.
266. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the documentation still outstanding in respect of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37706/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation has been received from the person referred to by the Deputy.
The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence. A letter issued to the person concerned on 26 June, 2014 requesting certain information. The person concerned provided some of the requested information. A further letter has been issued requesting the outstanding information. When all the requested information has been provided the case will be further considered.
The Deputy may wish to note that 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 established specifically 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.
267. Deputy John Deasy asked the Minister for Justice and Equality the definition of a stateless person in Irish law. [37760/14]
View answerThere is no statutory definition of stateless person under Irish law. However, the Irish Nationality and Citizenship Act 1956 (as amended), refers to a stateless person as "within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September 1954". Article 1 of this Convention defines a stateless person as someone "who is not considered as a national by any State under the operation of its law".
