Skip to main content
Normal View

Thursday, 4 Dec 2014

Written Answers Nos. 110 - 116

Defence Forces Operations

Questions (110)

Michael McGrath

Question:

110. Deputy Michael McGrath asked the Minister for Defence if there is a record in his Department of being briefed by the Central Bank of Ireland regarding contingency plans providing for the Army to surround banks here because of a risk the banks would run out of money; if the appropriate operational arrangements were in place in the event the situation ever arose; and if he will make a statement on the matter. [46677/14]

View answer

Written answers

Primary responsibility for the maintenance of law and order, including the protection of the internal security of the State, rests with An Garda Síochána. However, one of the roles assigned to the Defence Forces in the White Paper on Defence (2000) is to provide Aid to the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so.

A wide variety of military training activities are specifically designed to respond to possible security emergencies that may arise and the Defence Forces hold regular co-ordination and liaison meetings with An Garda Síochána in relation to ATCP issues. The Defence Forces are similarly prepared to carry out any security-related tasks, as may be directed by Government. For operational and security reasons, my Department does not comment on contingency planning for operational matters .

Defence Forces Personnel

Questions (111)

Seán Ó Fearghaíl

Question:

111. Deputy Seán Ó Fearghaíl asked the Minister for Defence if the terms and conditions of commissioned officers of the Defence Forces are being reneged on in that special service officers, for example, bomb disposal and marine engineers, are being denied their promotion to commandant, contrary to industrial relations agreements, Defence Forces regulations and contracts of employment; and if he will make a statement on the matter. [46681/14]

View answer

Written answers

The issue of promotion of Special Services Officers has been raised by the Representative Association for Commissioned Officers (RACO) at Conciliation Council. In accordance with normal procedures, the Association’s claim is being dealt with under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force. As discussions under the Scheme are confidential to the parties involved it would not be appropriate for me to comment further on the matter at this time. However, it is my intention that promotions will continue to be made in order to fill rank vacancies within the resource envelope allocated to Defence.

Defence Forces Personnel

Questions (112)

Seán Ó Fearghaíl

Question:

112. Deputy Seán Ó Fearghaíl asked the Minister for Defence if the terms and conditions of commissioned officers of the Defence Forces are further being reneged on in that two potential officers, commissioned from the ranks, from the ninth potential officer course, are being forced to retire as captains at 54 years of age where their terms and conditions provide for the rank of commandant; and if he will make a statement on the matter. [46682/14]

View answer

Written answers

The issue of the promotion of certain Officers of the 9th Potential Officers Course, in the rank of Captain, has been raised by the Representative Association for Commissioned Officers (RACO) at Conciliation Council. In accordance with normal procedures the Association’s claim is being dealt with under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force. As discussions under the Scheme are confidential to the parties involved it would not be appropriate for me to comment further on the matter at this time. However, I am advised that significant consideration has been given to this issue and that all pertinent matters are being considered. It is important to state that in considering this matter the 9th Potential Officers Course personnel who applied to be Officers were aware of the retirement age of 54 for Captains. The two Officers in question are on a promotion panel, and to consider favouring their promotion ahead of others on that panel would be contrary to the scheme of promotion for Officers as agreed by RACO and voted on collectively by the Officer Corps. It would result in these personnel being promoted ahead of more senior/qualified personnel who are already on an order of merit list for promotion following competitive assessment and interview. It could also lead to Redresses of Wrongs from other Captains who would be disadvantaged if such personnel were promoted ahead of them.

Departmental Funding

Questions (113)

Peadar Tóibín

Question:

113. Deputy Peadar Tóibín asked the Minister for Justice and Equality if she will provide in tabular form the total annual budget allocation of her Department to provide for domestic violence related services between 2007 to 2014. [46525/14]

View answer

Written answers

Cosc, the National Office for Domestic, Sexual and Gender-based violence, received the funding allocations detailed in the tabular statement for the years 2007-2014. These allocations are inclusive of pay and other costs associated with the office and have not been disaggregated for domestic violence services only in the time available. The Commission for the Support of Victims of Crime has also allocated funding to organisations providing domestic violence services during this time and those figures are included in the table. The main funding for domestic violence services is provided by Tusla, the Child and Family Agency under the aegis of the Department of Children and Youth Affairs. I understand that the amount provided in that respect in 2013 was almost €13.3m.

Year

Cosc allocation

Commission for the Support of Victims of Crime allocation

Total allocation

2007

€2.185m

€0.364m

€2.549m

2008

€3.45m

€0.416m

€3.866m

2009

€2.746m

€0.460m

€3.206m

2010

€2.716m

€0.466m

€3.182m

2011

€2.416m

€0.452m

€2.868m

2012

€2.091

€0.442m

€2.533m

2013

€2.029m

€0.450m

€2.479m

2014

€1.915m

€0.448m

€2.363m

Garda Síochána Ombudsman Commission Investigations

Questions (114)

Clare Daly

Question:

114. Deputy Clare Daly asked the Minister for Justice and Equality if she has referred the information brought to her attention in relation to invoices sent from OSSL to Shell and E and P Ireland on 24 August 2012 regarding deliveries of alcohol to gardaí, to tax and customs authorities for investigation; and if she will make a statement on the matter. [46539/14]

View answer

Written answers

The issue to which the Deputy refers concern allegations made by partners in a private company. The allegations were investigated by the statutory independent Garda Síochána Ombudsman Commission (GSOC). No evidence of the purchase or delivery of alcohol to Garda stations, nor of any misconduct of Garda members was found as a result of the investigation.

A full report on that investigation, which was published pursuant to Section 103 of the Garda Síochána Act 2005, is available on the GSOC website. In that Report GSOC indicates that its inquiry began with numerous contacts with the complainants. However, when requested to provide documentary evidence in support of the allegations the company indicated they would no longer be cooperating with the investigation. Despite this lack of cooperation GSOC proceeded with its investigation, by identifying and interviewing relevant Garda personnel, before reaching its final conclusion.

In its Report, GSOC noted that the publicity surrounding these allegations had the potential to undermine confidence in An Garda Síochána. It was in this context that it took the decision to publicly explain, what it describes as, the fair, proportionate and independent investigation of the matter.

It is open to the Deputy to refer the material in question to the tax and customs authorities if she so wishes.

Legislative Process

Questions (115)

Niall Collins

Question:

115. Deputy Niall Collins asked the Minister for Justice and Equality the position regarding the Criminal Justice (Spent Convictions) Bill; and if she will make a statement on the matter. [46565/14]

View answer

Written answers

The Criminal Justice (Spent Convictions) Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. Before the Bill could be taken at Report Stage, 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 Bill will be enacted at the earliest opportunity. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed.

Citizenship Applications

Questions (116)

Michael Healy-Rae

Question:

116. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if a person (details supplied) in County Cork may reapply for citizenship immediately or is obliged to wait another year until they have another year on their new GNIB card before their application will be considered; if this person will be exempt from having to wait a further year before submitting their application due to the exceptional complications which they encountered in obtaining their GNIB card; and if she will make a statement on the matter. [46597/14]

View answer

Written answers

Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:

- be of full age

- be of good character

- have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years

immediately preceding that period, have had a total residence in the State amounting to four years

- intend in good faith to continue to reside in the State after naturalisation

- have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows -

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

A foreign national who is married to, or is the civil partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law. Section 15A provides that the Minister may waive certain conditions for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in her absolute discretion, waive some or all of the statutory conditions in certain circumstances e.g. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons; or where the application is made on behalf of the minor child of a naturalised Irish citizen.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Any application lodged under section 15 of the Act prior to the applicant satisfying the conditions for naturalisation would be ineligible.

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.

Top
Share