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Wednesday, 3 Dec 2014

Written Answers Nos. 60-78

Flood Prevention Measures

Questions (60)

Michael Healy-Rae

Question:

60. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the reason the Office of Public Works bypassed land (details supplied) in County Kerry without clearing it; and if he will make a statement on the matter. [46489/14]

View answer

Written answers

The lands in question form part of the River Maine Arterial Drainage scheme for which the Office of Public Works has a maintenance responsibility. It is subject to an average cycle of maintenance taking place just over once every 5 years. This work is carried out to ensure that the State's investment in the Arterial Drainage schemes continues to provide the intended benefits.

I am advised that, in relation to the works referred to by the Deputy, the embankments under the OPW's care in Callinafercy were being cleared to facilitate the carrying out of a survey rather than normal maintenance work. The embankments on the land referred to by the Deputy were sufficiently clear to allow the survey work to be carried out without further clearance. The survey was completed last week.

Local Authority Rates

Questions (61)

Anthony Lawlor

Question:

61. Deputy Anthony Lawlor asked the Minister for Public Expenditure and Reform if the exemption of commercial rates recently granted under the Valuation Bill 2014 to community or not-for-profit early child care facilities will be extended to all early childhood education facilities providing the early childhood care and education scheme; and if he will make a statement on the matter. [46493/14]

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Written answers

The Valuation Act, 2001 provides that all buildings used or developed for any purpose, including constructions affixed thereto, are rateable unless expressly exempted under Schedule 4 of the Act. Such exempt buildings would principally include those used for public worship, education and health care provided on a not-for-profit basis, and charitable purposes. In general, the Act maintains the long-standing position that all commercial properties - including all private childcare facilities such as play schools, pre-schools, crèches and Montessori schools - are liable for rates. 

At present, certain childcare and pre-school facilities can be exempt from rates under the terms of paragraph 16 of Schedule 4 of the Valuation Act, 2001, where the organisation is a charitable organisation, that uses its property exclusively for charitable purposes and otherwise than for private profit. The organisation claiming charitable status for the purpose of qualifying for exemption from rates must comply with the definition of "charitable organisation" as stated in PART 1 section 3 of the Valuation Act, 2001. Similarly, certain pre-school facilities can be exempt from rates where  the conditions detailed in paragraph 10 of Schedule 4 are met.  

Inconsistency in the approach to the exemption from rates of childcare and early education facilities was raised at Committee Stage of the Valuation (Amendment)(No.2) Bill 2012 in the Seanad with Minister of State Deputy Simon Harris, who was taking the Bill through the Seanad on my behalf. The  Government's response was to  approve  a Seanad Report Stage amendment to the Bill, to insert into Schedule 4 of the Valuation Act 2001 an exemption from rates for properties occupied by parties that provide early childhood care and education on a not-for-profit basis. This amendment was proposed and passed at Report Stage in the Seanad on 20th November 2014. I intend that the Bill will be considered by the Dáil shortly. 

Making exception to core, long-standing valuation principles can have a far reaching negative impact on the rates system and consequently a far reaching impact on Local Government funding. The decision taken by Government to extend the exemption from rates for early childcare and education was taken having considered the views of stakeholders in the sector. As outlined in the Seanad, key valuation principles have to be respected to retain the integrity and equity of a system that is a significant source of funding for Local Authorities. One of those principles is that properties of occupiers that operate with the intention of making a profit are rateable.   Therefore, I do not intend to extend this exemption to all early childhood education facilities providing early childhood care and education.  

Microenterprise Loan Fund Applications

Questions (62)

Derek Nolan

Question:

62. Deputy Derek Nolan asked the Minister for Jobs, Enterprise and Innovation if he will provide a breakdown of the number of male applicants to the microfinance scheme; and the number of successful applicants in 2014; and if he will make a statement on the matter. [46430/14]

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Written answers

My Department publishes quarterly reports on the progress of Microfinance Ireland (MFI) on the Department’s website www.enterprise.gov.ie. The 2014 3rd quarter progress report on MFI showing a detailed analysis for period ending 30th September is available on my Department’s website. Details on gender breakdown are contained within these quarterly reports.

Industrial Development

Questions (63)

Robert Troy

Question:

63. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation his views that the restructuring of the regions by the Industrial Development Agency will have a detrimental effect on the midlands; his strategy to attract foreign direct investment to County Longford; and if he will make a statement on the matter. [46478/14]

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Written answers

I have been informed by IDA Ireland that it has not made any announcement relating to restructuring its regions. IDA Ireland’s Midlands Region comprises of Westmeath, Longford, Roscommon, Laois and Offaly and is a strong cluster in the medical technology and life sciences sectors. The Midlands is home to key IDA Ireland client companies such as Abbott, Covidien, Integra, GeneMedix, Freund, Utah, KCI, and AMS. In addition, it is home to international business services companies such as Teleflex, AXA, NPD Group and PPD. The fact that these international companies are already located in the region makes the Midlands attractive to potential clients as a location. Another factor to attract clients into the region is the construction of a 25,000 sq.ft. advance technology building in Athlone by IDA Ireland, as set out in the 2014 Action Plan for Jobs.

In Longford, there are 6 IDA companies employing 700 people. In the region as a whole, there are 43 IDA Ireland-supported companies employing over 4,800 people in full or part-time employment.

I am glad to say that during 2013, as part of the Succeed in Ireland initiative, Ark Consulting announced the creation of 10 jobs, to be located in Longford.

The Action Plan for Jobs 2014 includes a commitment to develop a framework for a Regional Enterprise Strategy to better integrate the efforts of the enterprise development agencies and other regional stakeholders in supporting enterprises. My intention is that the framework will be developed on a pilot basis initially, focusing on the Midlands region and involving the agencies under the remit of my own Department – Enterprise Ireland, IDA Ireland and the Local Enterprise Offices. The objective is to enhance synergies between the agencies and their client companies and build on the competitive strengths of the region to maximise the potential for job creation. The role which other public bodies in the region can play in working towards this objective will also be examined as the project develops. The aim is that this framework will serve as a model for other regions of the country.

Additionally, IDA Ireland is working on a new corporate strategy for the years 2015 to 2020, which will be launched early in the New Year. I am working closely with IDA on this.

Enterprise Support Services Expenditure

Questions (64)

Dara Calleary

Question:

64. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he will provide by local enterprise office basis, in tabular form, the amount of grant aid paid by the LEO to client companies at the end of October 2014; the amount of training programmes run; the number of attendees; the effectiveness of LEOs to date; and if he will make a statement on the matter. [46490/14]

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Written answers

Details of the amount of grant aid paid by the LEO to client companies at the end of October 2014, the number of training programmes run and the number of attendees is set out in the table below. The Deputy is asked to note that this table reflects only part of the Local Enterprise Office activity to the end of October 2014. In many cases payments are on hold pending completion by the LEO clients of the necessary financial returns, etc, and the November and early December period would traditionally see a large volume of grants being completed. Since the start of the year, over 700 projects totalling €10.86m have been approved by the 31 LEOs, which will result in jobs gains in excess of 1,000. In addition, 4,500 clients have received mentoring services to improve capability and drive growth.

The LEOs have been active in the delivery of Ireland’s Best Young Entrepreneur Programme which aims to support a new wave of young entrepreneurs. Results to date are impressive with over 1,018 completed applications received, most of whom would have undergone a training bootcamp where they would have received intensive business development training and mentoring aimed at improving their business skills.

In other areas, the Service Level Agreement entered into between Enterprise Ireland and the Local Authorities provided for a Centre of Excellence (CoE) to be established in Enterprise Ireland to drive the introduction of best practice across the LEO network. The CoE, in partnership with the LEO network, have made significant progress to date; for example, a Training and Staff Development Strategy has been agreed across a wide ranging programme including team development, financial appraisal, customer engagement and new social media applications, while further development areas have been identified for 2015. On average 8 training days per LEO staff member have been delivered. This strategy will contribute to the effectiveness of the Local Enterprise Offices.

The LEOs are also party to new operational protocols with key stakeholders including Micro Finance Ireland, Revenue, Department of Social Protection, the Credit Review Office, Skillsnet and Fáilte Ireland which establish structured links, increase the sharing of information, increase and maintain mutual awareness of the services and supports offered to clients through these agencies and the LEOs.

Each LEO has also developed a Local Enterprise Development Plan with associated metrics which sets out the key objectives and associated tasks and activities aimed at delivering upon those objectives. These Plans effectively establish the work agenda for the LEOs within their County each year and will ensure that the LEOs are focused on delivering enterprise support services for their clients. The CoE has commenced working with the LEOs with a view to preparing Plans for 2015.

I am satisfied that the staff in the LEOs are making huge efforts to ensure that this major reform of the enterprise support structure is implemented in a manner that is beneficial to sustainable development of the enterprise sector in their County.

Table 1: Grant aid paid by LEO to client companies and no. of LEO Training Programmes + Participants at end of October 2014

LEO

Paid Amount €

No of Clients Paid

No of Projects Paid

No Of Training Programmes

Total Participants

Carlow

255,010

33

35

62

1,248

Cavan

212,973

16

16

28

374

Clare

154,853

20

20

17

140

Cork City

175,603

23

24

68

744

Cork North/West

185,728

23

23

115

1496

Cork South

288,790

24

24

51

689

Donegal

292,324

27

27

25

697

Dublin City

313,767

41

42

48

813

Dublin Dún Laoghaire/Rathdown

360,095

33

37

26

555

Dublin Fingal

87,134

6

6

58

1,237

Dublin South

180,623

21

21

40

482

Galway

25,330

4

4

9

97

Kerry

145,662

21

22

36

668

Kildare

204,956

14

14

19

240

Kilkenny

237,756

24

26

60

580

Laois

74,121

5

5

30

235

Leitrim

197,274

15

17

21

202

Limerick

301,629

36

38

5

65

Longford

148,726

26

27

24

293

Louth

118,005

18

18

33

421

Mayo

246,300

27

27

33

869

Meath

80,500

8

9

23

295

Monaghan

95,983

10

13

18

252

Offaly

244,239

22

24

22

254

Roscommon

233,470

13

13

79

284

Sligo

315,548

23

26

31

417

Tipperary

126,541

25

25

65

549

Waterford

439,527

51

57

95

428

Westmeath

183,297

21

21

54

730

Wexford

233,725

31

32

55

675

Wicklow

310,615

22

26

44

1,116

TOTAL

6,470,105

683

719

1,294

17,145

Local Enterprise Offices Establishment

Questions (65)

Dara Calleary

Question:

65. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he is satisfied that the service level agreement between Enterprise Ireland and each local authority regarding the management of local enterprise offices is being adhered to; if there is any local authority in breach of their SLA; and if action has been taken; and if he will make a statement on the matter. [46491/14]

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Written answers

The Local Enterprise Offices (LEOs) were established on 15 April last under the CEB (Dissolution) Act 2014 to give effect to the Government Decision to reform the system for delivery of State supports to micro and small enterprises. The LEOs became the First-Stop-Shop providing guidance and support to new entrepreneurs and existing micro and small business owners. As part of the reform, the LEOs are being supported by Enterprise Ireland's Micro Enterprise and Small Business Division which has established a Centre of Excellence responsible for developing an improved environment for small and micro business and utilising Enterprise Ireland’s experience and specialised sectoral approaches to business innovation and development.

The restructuring of enterprise supports is underpinned by a number of important factors, among which was the development of a comprehensive and robust Service Level Agreement (SLA) between Enterprise Ireland (EI) and each Local Authority. The SLA provides a framework for the delivery of the LEO services and LEO activities and addresses such issues as:

- Protocols relating to Budgets, Project Evaluation and Approval;

- Micro Enterprise Policy guidelines as articulated by my Department;

- Robust Performance Indicators measuring employment, start-ups and other metrics;

- Roles and Responsibilities of respective bodies (EI, LAs, LEOs)

- Benchmarking of LEOs

- Corporate Governance.

The SLA also includes a template for a Local Enterprise Development Plan which each LEO must prepare on an annual basis, including both LEO and Local Authority supports to enterprise. The SLA helps to ensure the consistent application of policy across all LEOs from the evaluation of applications to the spending of budgets allocated. It is complemented by a range of other measures, such as staff training, new communications structures, and the preparation of the Local Enterprise Development Plans, which will help to make the LEOs the “go-to” place within a County for anyone with a business idea.

There is provision in the SLA for an annual review of the framework SLA, the outcome of which will influence the adjustment of the current, and development and agreement of future SLAs. A formal review group will be established at national level chaired by my Department and involving EI, the City and County Manager’s Association, my Department and a nominated Head of LEO. This review will be carried out in early 2015.

In the meantime, I am satisfied that the Local Authorities and the staff in the LEOs are making huge efforts to ensure that this major reform is implemented in a manner that is beneficial to sustainable development of the enterprise sector in their County.

Single Payment Scheme Payments

Questions (66)

Michael Creed

Question:

66. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment/disadvantaged area payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [46397/14]

View answer

Written answers

An application in respect of the 2014 Single Farm Payment/Disadvantaged Areas Scheme was received from the person named on 24 April 2014. Processing of this application is complete, payment under the Disadvantaged Area Scheme issued on 23 September 2014, the advance payment of the Single Farm Payment issued on 16 October 2014 and the balancing payment has issued on 1 December 2014. In accordance with European Union budgetary and Direct Payments legislation a Financial Discipline deduction of 1.302214 % must be applied to all payments in excess of €2,000 and has been applied to the balancing payment of the person named.

Rural Environment Protection Scheme Applications

Questions (67)

Michael Healy-Rae

Question:

67. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a rural environment protection scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [46406/14]

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Written answers

My Department has no record of the person named having been a participant in any of the REPS Schemes. However, he was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from the 1st December 2010. Full entitlements have issued in respect of the 2010, 2011 and 2012 Scheme years. In the approval letter which was issued by my Department in 2010, the contract commencement date and the contract end date of the 31st December 2015 for the person named was clearly set out.

During the validation checks in respect of the 2013 Scheme year, it was noted that the person named had not declared his LPIS parcels on the 2013 Single Farm Payment System. As a result of this, the actions applied for under the AEOS Scheme were ineligible. Officials in my Department wrote to the person named regarding this issue and sought clarification, but clarification was not received. A further letter issued to the person named notifying him that as a result of this issue, and as he had not abided by the Terms and Conditions of the scheme, his application had been terminated. In such circumstances all earlier payments made under the scheme must be repaid to the Department. The person named was also informed in the letter of his right to appeal the decision. There is no record of any such appeal having been received by my Department.

Single Payment Scheme Payments

Questions (68)

Michael Ring

Question:

68. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive payment of their single payment scheme and disadvantaged area scheme payment; and if he will make a statement on the matter. [46408/14]

View answer

Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 25 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 EU Regulations also require that where it is not possible to make an accurate determination on the eligibility of a parcel or parcels of land by means of an assessment of the available satellite imagery, a field inspection must be undertaken to verify the eligibility of the land.

The application of the person named was selected for a Remote Sensing inspection. Initial processing of this inspection identified a requirement to verify the eligibility of land declared by means of a field inspection.

On completion of this inspection the results will be 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.

Agri-Environment Options Scheme Eligibility

Questions (69)

Éamon Ó Cuív

Question:

69. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the payment to date that has issued under the agri-environment option scheme 1 in respect of a person (details supplied) in County Galway; if the person is eligible to receive the maximum payment under this scheme; the reason the person is ineligible to receive the maximum payment; and if he will make a statement on the matter. [46437/14]

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Written answers

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from the 1st November 2010 and full entitlements have issued in respect of the 2010, 2011, 2012 and 2013 Scheme years. A 1% penalty of €9.49 was imposed in 2011 for the late submission of the Single Payment Application. AEOS is not a whole farm scheme and payment is based on the actions selected as submitted in the application form, which in the case of the person named had a total monetary value of €949.75 per annum. The actions selected were: Natura Commonage, 8.5 hectares payable @ €75 per ha equal to €637.50; Traditional Stone Wall Maintenance, 356 metres payable @ €0.50 per metre, equal to €178; and Non-Natura Commonage, 1.79 hectares payable @ €75 per hectare, equal to €134.25.

Disadvantaged Areas Scheme Payments

Questions (70)

Pat Breen

Question:

70. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment of a disadvantaged area scheme will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [46462/14]

View answer

Written answers

An application under the 2014 Disadvantaged Areas Scheme was received from the person named on 16 April 2014. Payment has not yet issued to the person named as, at this stage, the holding concerned has not yet satisfied the Scheme’s minimum stocking density requirements. An official from my Department has recently been in direct contact with the person named to clarify the matter.

Milk Quota Cessation

Questions (71)

Patrick O'Donovan

Question:

71. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine his plans to abolish the butter fat quota; and if so, when it is likely that this will happen. [46502/14]

View answer

Written answers

As the Deputy may be aware, the related issues of milk quota abolition, the “soft landing” and the butterfat coefficient correction have been the subject of much discussion at EU level over the recent past. Milk quotas will be abolished from the end of March 2015 and I have been very active in seeking to secure further measures to ensure a soft landing for milk producers in the period in advance of this. In terms of the current quota position, at the end of October it was estimated that Ireland was 7.15% over-quota, with month-on-month increases continuing to be evident. At current rates, this would result in a superlevy bill of approximately €115m. The superlevy is set by milk quota Regulations agreed at EU level. Any amendment to the regime requires a proposal from the Commission and agreement of a qualified majority of all other Member States.

At numerous Agriculture Council meetings over the recent past the issue of additional measures to ensure a ‘soft landing’ to milk quota abolition in 2015 was discussed, where I, and some other like-minded Ministers consistently called on the Commission to take action to ease the burden of the super levy in the final year of the quota regime, via the butterfat correction in particular, but such an agreement was not forthcoming at the time and this remains the case. As there is no common position at the Council of Agriculture Ministers such an adjustment looks unlikely to be achieved.

As the Deputy may be aware, for super levy purposes, butterfat causes an adjustment to milk supply – the greater the differential between average butterfat (current levels) and reference fat levels (base fat), the greater the adjustment to milk intake levels. The proposed solution is to reduce the positive butterfat co-efficient and increase the negative one to ensure fair distribution across Member States. Technically, this can be changed under Commission competency at Management Committee level. The Commissioner has said he will not move on butterfat without majority support at Council, and unfortunately, as outlined previously, there number of countries opposed to any move on butterfat is such that an impasse has been reached and an agreement has not been forthcoming.

It must be clearly noted that a number of other countries are opposed to any action on the issue of further soft landing measures and have actively sought to link the issue to possible measures to regulate supply after quotas are gone. I am obviously resolutely opposed to any suggestion of supply controls after quota abolition next April on the basis that these quotas have only served to shackle Irish farmers over the last 30 years. The resultant stalemate means there is insufficient support for any change to the regulations and no agreement has been possible. The current Italian presidency agreed to consider the issue at their first Council meeting in July, it was again discussed in October and I fully expect that the issue will remain high on the agenda for discussion at future Councils, including December, where I will continue to seek to have the matter progressed in a way that is fair to both Irish and EU dairy farmers.

In preparing their enterprises for the post quota era, I have at all times urged that farmers have regard to the fact that milk quotas would remain in place until April 2015, along with the associated superlevy regime, and I would take this opportunity today to reiterate this call. I would again urge farmers to use the time period between now and the removal of milk quotas to identify, with their dairy adviser, steps to manage both their milk supply and their dairy herds so that they have an efficient herd as they enter the post quota era.

Single Payment Scheme Payments

Questions (72)

Jim Daly

Question:

72. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [46507/14]

View answer

Written answers

An application under the 2014 Single Farm Payment was received from the person named on 14 April 2014, processing of this application is now complete and payment will issue to the nominated bank account of the person named in the coming days.

Proposed Legislation

Questions (73)

Pádraig Mac Lochlainn

Question:

73. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when the children and family relationships Bill will be published. [46416/14]

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Written answers

I expect to publish the Children and Family Relationships Bill before the end of the current Dáil session.

As the Deputy is aware the Children and Family Relationships Bill is at present included in the published Government Legislation Programme for the Autumn Session 2014 as an "A list" Bill which specifies that the Bill is expected to be published in the period up to the beginning of the next session.

Drafting work on the Bill is progressing well and I expect to be in a position to publish it in accordance with this timeline.

Garda Station Closures

Questions (74)

Terence Flanagan

Question:

74. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the closure of a Garda station (details supplied) in Dublin 9; and if she will make a statement on the matter. [46444/14]

View answer

Written answers

The formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of her annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005.

The station referred to by the Deputy was one of a number of stations where closure was proposed by the Commissioner in the Garda Policing Plan for 2012. I am advised by the Garda authorities that the station closed on 29th April 2012.

With regard to the future use of the former Garda station, the Office of Public Works (OPW) has agreed to make the premises available for the relocation of the State Pathology Office and to carry out the necessary refurbishment work. The project is being actively pursued in conjunction with the OPW and in consultation with all relevant stakeholders.

Proposed Legislation

Questions (75)

Denis Naughten

Question:

75. Deputy Denis Naughten asked the Minister for Justice and Equality the reason for the delay in publishing the criminal justice (sexual offenders) Bill; if she will confirm the heads of Bill were agreed by Cabinet last December; the progress made since then; and if she will make a statement on the matter. [46449/14]

View answer

Written answers

On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The General Scheme includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of EU, UN and Council of Europe legal instruments. The Bill will also implement the recommendations of a number of Oireachtas committees, reform the law on incest and update the Sex Offenders Act 2001. In addition, the Bill will provide for new offences of purchasing, in the context of prostitution, sexual services.

The Government approved a number of the heads of the Sexual Offences Bill in December last and others were approved last week. It was not appropriate to publish the General Scheme until the heads approved by Government last week were finalised.

As the Deputy will appreciate, this is a complex piece of legislation which addresses a number of sensitive issues. The Bill is priority legislation and is currently being drafted, with a view to publication in 2015.

A copy of the General Scheme is available from my Department's website.

Garda Misconduct Allegations

Questions (76)

Pádraig Mac Lochlainn

Question:

76. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to hold a public inquiry into the murder of a person (details supplied); and if she will make a statement on the matter. [46463/14]

View answer

Written answers

The matter to which the Deputy refers is amongst complaints being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.

A panel consisting of two Senior and five Junior Counsel was established for the purpose. The counsel appointed to the panel were all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.

Prisoner Data

Questions (77)

Brian Walsh

Question:

77. Deputy Brian Walsh asked the Minister for Justice and Equality further to Parliamentary Question No. 304 of 11 November 2014, if she will identify the four prisoners convicted of homicide offences who failed to return to prison following temporary release during the period 1 January 2009 to 7 November 2014. [46499/14]

View answer

Written answers

I can inform the Deputy that the names of the four prisoners convicted of homicide offences who failed to return to prison following temporary release during the period 1 January 2009 to 7 November 2014 were identified to An Garda Síochána. An Garda Síochána is informed by the Irish Prison Service when prisoners become unlawfully at large and they have the power to detain, arrest, and return such prisoners to prison.

Efforts are constantly being made to address the issue of prisoners fleeing open prisons by absconding or not returning from periods of temporary release. A project team is working closely with Gardaí and the Department of Social Protection and this has led to the re-committal of a number of prisoners who were unlawfully at large from custody. This project is ongoing.

Road Traffic Offences

Questions (78)

Billy Timmins

Question:

78. Deputy Billy Timmins asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding speeding fines; and if she will make a statement on the matter. [46508/14]

View answer

Written answers

The Deputy will appreciate that I have no direct role in the administration of fixed charge notices issued for road traffic offences which is an operational matter for An Garda Síochána. I understand, however, that where the registered owner of a vehicle was not driving the vehicle at the time of the alleged road traffic offence, that person must complete the 'Nomination of Name and Address of Driver of Vehicle' section of the fixed charge notice within 28 days of the date of the notice. I further understand that nominations sent after 28 days cannot be processed and that the fixed charge notice remains the responsibility of the registered owner.

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