Skip to main content
Normal View

Wednesday, 10 Dec 2014

Written Answers Nos 71-91

Flood Relief Schemes Status

Questions (71)

Charlie McConalogue

Question:

71. Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform when a reply will issue regarding a representation made to his office (details supplied); and if he will make a statement on the matter. [47360/14]

View answer

Written answers

The representations referred to relate to proposals to address flooding in Raphoe, County Donegal. The delay in replying to the representations is regretted.

The Office of Public Works received a draft Options Report from its consultant engineers in September 2014 outlining a suite of complementary mitigation measures to deal with flooding in the Raphoe. These comprise (a) measures to address overland flood flow, for which funding would be provided by the OPW, and (b) works to enhance the urban drainage system, which are the responsibility of Donegal County Council. Discussions are currently ongoing between the OPW and the Council in relation to the recommended measures and how these might be taken forward. Subject to these matters being agreed, it is envisaged that a Public Consultation in relation to the proposals will take place in the first half of 2015 to obtain the views of interested parties and stakeholders in relation to the proposals.

National Lottery Licence Sale

Questions (72)

Finian McGrath

Question:

72. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the reason An Post is not retaining the lotto business as it now appears that this business has been handed to a company outside Ireland; the implications for jobs; and if he will make a statement on the matter. [47490/14]

View answer

Written answers

As the Deputy will be aware, in February of this year, I granted the next licence to operate the National Lottery to Premier Lotteries Ireland delivering €405 million to the Irish citizen. As I announced in Budget 2014, half of the proceeds from the Lottery licence transaction were allocated to help fund a number of job rich projects across the country including the Wild Atlantic Way, the 1916 Commemoration and the National Sports Campus. The full list of these projects can be viewed on my Department's website at www.per.gov.ie.  The other half of the proceeds, received in a second instalment last week, will be used to help fund the construction of the new National Children's Hospital - the largest, most complex and significant capital investment project ever undertaken in healthcare in Ireland, which will also have a major job creation impact. 

The lottery licence was awarded following an open, transparent, competitive process. The new operator, Premier Lotteries Ireland, a joint venture between An Post and Camelot, the operator of the UK national lottery, aims to grow the business.  While a small number of staff have availed of voluntary severance arrangements, the vast majority of staff of An Post National Lottery Company have transferred to the new operator.  I am sure the Deputy will agree with me that the outcome of the award process for the lottery licence has been very successful and has had a positive impact on job creation.

Departmental Expenditure

Questions (73)

Pearse Doherty

Question:

73. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the anticipated extra expenditure required next year across all Departments to maintain the current level of public services taking account of demographic changes, pending pay increments and so on and all other factors being equal. [47441/14]

View answer

Written answers

The Comprehensive Expenditure Report 2015 2017 published on Budget Day set out multiannual expenditure ceilings for Ministerial Vote Groups and Estimates of Expenditure for 2015 in respect of all Government Departments and Offices.

Compared to the Revised Estimates Volume (REV) 2014, gross current expenditure for 2015 shows an increase of €429 million with capital expenditure increasing by €210 million. In addition significant savings from reductions in the Live Register have been reinvested to meet expenditure pressures. These funds have been allocated to areas such as Social Protection, Health, Education, Justice and Housing in order to support key policy initiatives and to ensure that demographic pressures are met.

It is estimated that there will be an increase of 18,000 in the number of pensioners next year. The estimates of expenditure published on Budget Day show an increase of €185 million in the allocation for pension related payments through the Social Protection Vote and Social Insurance Fund.

Demographic demands are being met in the Education Sector with the pupil-teacher ratios in all schools remaining unchanged. The additional current expenditure of €60m for Education in 2015, compared to the REV 2014 allocation, will be mainly used to deal with demographic pressures and for extra resource teachers and Special Needs Assistants. Provision has been made for an additional 1,700 full-time posts comprised of 920 mainstream teachers, 480 resource teachers and 365 Special Needs Assistants.

Health Expenditure is being protected with €305 million of the overall increase of €429 million in gross current expenditure being directed to support the delivery of existing services and Programme for Government initiatives in the Health area.

Moving beyond 2015, there will be a number of expenditure pressures emerging over the coming years, most notably those related to demographics and their impact on the Social Protection, Health and Education sectors. The expenditure ceilings for 2016 and 2017 contained in the Comprehensive Expenditure Report provide for expenditure increases in these areas to accommodate these demographic pressures. Decisions regarding the finalisation of these allocations for 2016 and 2017 will be taken in the context of the Budget for those years with due regard to the level of expenditure required to ensure the effective delivery of key public services and the fiscal parameters set out under the preventive arm of the Stability and Growth Pact (SGP), in particular the Expenditure Benchmark.

Public Sector Staff Recruitment

Questions (74)

Michael McCarthy

Question:

74. Deputy Michael McCarthy asked the Minister for Public Expenditure and Reform his plans to lift the embargo on public sector recruitment; and if he will make a statement on the matter. [47447/14]

View answer

Written answers

I announced on Budget Day in October that I am seeking to put in place new arrangements to replace the Moratorium on Recruitment and Promotion in the Public Service from 2015 onwards.  This will be subject to the issuance of formal delegated sanction by my Department to all other Government Departments and Offices, in return for agreed commitments by them to manage staff resources within agreed pay ceilings and to meet ongoing reform and efficiency objectives.  

Under the new arrangements, Government Departments and bodies will have greater autonomy in managing staff resources to meet service needs, including hiring staff where warranted, subject to remaining within agreed pay ceilings and meeting reform and efficiency objectives.

Pension Levy

Questions (75)

Finian McGrath

Question:

75. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if he will support the retired public servants on a matter (details supplied); and if he will make a statement on the matter. [47497/14]

View answer

Written answers

I am aware of the concerns which have been raised  by the Alliance of Retired Public Servants regarding the ongoing imposition of the Public Service Pension Reduction (PSPR) on the pensions of many retired public servants and have met with representatives of the Alliance.

As the Deputy will be aware, I am required to review the Financial Emergency Measures in the Public Interest Acts 2009-2013 annually and cause a written report of my findings to be laid before each House of the Oireachtas.  As part of that review I consider whether the various measures, including the PSPR, continue to be necessary, having regard to the purposes of the legislation. In my most recent report laid before the Houses of the Oireachtas in June 2014 I concluded that the continuation of the PSPR remained necessary. However, as the fiscal crisis recedes and   the country moves, thankfully, into a more normal economic environment,  it is important that I as Minister for Public Expenditure and Reform give consideration as to how, over the medium term, pay and pensions policy currently underpinned by the Financial Emergency Measures Legislation, needs to develop in the public service while ensuring that overall fiscal targets will be met. When my consideration is more advanced, I will of course bring proposals to Government in the first instance.  Any proposals to amend the FEMPI Acts, including any changes to the Public Service Pension Reduction will require primary legislation to be brought before the Oireachtas.

The Alliance has also raised concerns in relation to the Universal Social Charge (USC). As the Deputy will be aware, issues in relation to the USC and its application to income streams, including pensions, are the responsibility of the Minister of Finance. I would however note that in the recent Budget, the USC exemption limit was raised to just over €12,000, while the 2% rate was reduced to 1.5% and the 4% rate reduced to 3.5%. 

Agriculture Scheme Payments

Questions (76)

Patrick O'Donovan

Question:

76. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if he will provide a timeframe as to when a single farm payment and a disadvantaged area payment will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [47365/14]

View answer

Written answers

The 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. My Department is now finalising this inspection with the intention of issuing any payments due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Agriculture Scheme Payments

Questions (77)

Pearse Doherty

Question:

77. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Donegal has not received their disadvantaged area payment or their single farm payment; and if he will make a statement on the matter. [47371/14]

View answer

Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 21 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. My Department is now finalising this inspection with the intention of issuing any payments 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 Payments

Questions (78)

Dan Neville

Question:

78. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine when payments under the agri-environment options scheme will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [47389/14]

View answer

Written answers

The person named was approved for participation in the 2010 Agri Environment Options Scheme (AEOS 1) with effect from 1 November 2010 and payment has issued in respect of the 2010, 2011, 2012 and 2013 Scheme years.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have been successfully completed in respect of the 2014 Scheme year and 75% payment, totalling €734.54 will issue shortly. The balancing 25% payment, totalling €244.84 will follow thereafter.

Agri-Environment Options Scheme Payments

Questions (79)

Michael Healy-Rae

Question:

79. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Kerry was deducted €1,000 from their agri-environment options scheme payment; and if he will make a statement on the matter. [47420/14]

View answer

Written answers

The person named was approved for participation in the 2011 Agri Environment Options Scheme (AEOS 2) with effect from 1 September 2011 and full entitlements have issued in respect of the 2011, 2012 and 2013 Scheme years.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System (L.P.I.S), must be completed before any payment can issue. During these checks in respect of the 2011 Scheme year, an over claim was found on the Species Rich Grassland action which resulted in a reduction in payment totalling €16.74.

Following a LPIS review in 2013, a further over claim was identified on the Species Rich Grassland action which resulted in a reduction in payment totalling €197.28.

Also in 2013 under the Disadvantaged Area Scheme (DAS) a disallowance of €898.47 was incurred due to ineligible features on land parcels declared. This disallowance was then netted from the next payment due to the person named which in this case was the Agri Environment Options Scheme.

Agriculture Scheme Eligibility

Questions (80)

Charlie McConalogue

Question:

80. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 253 of 2 December 2014, that a site inspection takes place immediately in respect of a person (details supplied) in County Donegal if some moneys will be issued to them in view of the fact they are under severe financial hardship at present; and if he will make a statement on the matter. [47445/14]

View answer

Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 7 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. In light of the financial hardship being experienced by the person named the application has now been processed with the intention of issuing payment shortly.

Rural Environment Protection Scheme Payments

Questions (81)

Joe Carey

Question:

81. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine if he will provide an update on the impact of a cross compliance inspection on the REP scheme 4 payment in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [47448/14]

View answer

Written answers

The person named commenced REPS 4 in October 2009 and received payments for the first five years of their contract.

REPS 4 is a measure under the 2007-13 Rural Development Programme and is subject to EU Regulation which require detailed administrative checks on all applications to be completed before any payments can issue. Following a Cross Compliance Inspection finalised in October 2013 an area-discrepancy was discovered between the Single Farm Payment application for 2013 and the original Agri-environmental Plan which has resulted in the application of a clawback for the years 2009 to 2013. The person named was informed of the total amount of the recoupment which comes to €1,857.00 and of their right of appeal. An appeal was lodged on 25 November 2014 and is currently under review and a decision will issue shortly. The 75% 2014 REPS payment amounting to €2,756 issued to the person named on 5 December 2014.

Dairy Sector

Questions (82)

Brendan Smith

Question:

82. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine his views on the recent commentary by Teagasc on likely future returns for dairy farmers resulting in a severe drop in income; the proposals, he has put to the European Commission on the need to introduce adequate market support measures to assist the dairy sector; and if he will make a statement on the matter. [47466/14]

View answer

Written answers

I assume the Deputy is referring to the publication of the Teagasc Annual Review and Outlook for 2015.  Dairy Prices are a function of global  market dynamics,  with supply and demand issues in markets across the globe affecting prices  across different dairy commodity groups in domestic markets. Price volatility is a continuing feature of dairy commodity markets, and it is clear that managing the price peaks and troughs in a way that allows farmers and others to plan ahead is a significant challenge for the sector.

After two years of extremely high prices, the combination of strong production in key dairy producing countries,  including  the USA, New Zealand, Australia and the European Union, driven by good weather ,  increased cow numbers in the US and strong cereal harvests, has seen the emergence of a surplus in dairy products on international markets coming into 2015. Furthermore, with Russia and China accounting for 27% of the traded world market in the dairy sector, the effect of surplus stocks in the Chinese market along with the displacement effect of the Russian ban can be seen as critical factors in setting the context for price evolution in the sector.

The anticipated decline in 2015  largely reflects the impact of the aforementioned developments on global dairy markets. Teagasc expects that average Irish milk prices in 2015 will fall to 27 cent per litre, a reduction of over 10 cent per litre on the average for 2014. However it should be noted that this follows several years of very good incomes on dairy farms. Furthermore, Teagasc are clear that these negative effects are expected to be temporary in nature.

Under the new Common Agriculture Policy there is a range of tools available to mitigate the worst impact of downward price volatility, including Aids to Private Storage, Intervention and Export Refunds and I have called on the EU Commission to deploy these tools as appropriate. The Single Farm Payment will also provide a measure of income stability during this difficult period. I have also asked the banking sector to tailor their financial products  to allow for the kind of price volatility that will be a feature of international dairy markets, and  of course  co-ops have a role to play in ensuring that their contractual arrangements with suppliers provide a measure of stability.  A focus on innovation and the production of added value products will also have a role to play in mitigating the impact of volatility, and a greater use of futures markets may also feature among the tools deployed by the sector.

In terms of how this will evolve in the medium term, Teagasc, in common with a number of other commentators, anticipate that lower milk prices will lead to a slowdown in the expansion of milk production globally through 2015, with global dairy markets set to witness signs of recovery as the year progresses. In the medium to longer term population growth and increasing affluence in developing countries will continue to drive strong growth in demand for dairy products, and Irish producers will be well placed to take full advantage of this demand.

Trade Relations

Questions (83)

Brendan Smith

Question:

83. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if he proposes to raise at the next EU Agriculture Council the need for the European Commission to introduce adequate market support measures following the negative effects of the ban imposed by Russia on products from the EU; and if he will make a statement on the matter. [47470/14]

View answer

Written answers

I can confirm that, at the next meeting of the Council of EU Agriculture Ministers, I will impress on the Commissioner the need for adequate market support measures to address the negative effects of the Russian ban on agri-food products from the EU. I have already signed a common note from Belgium, Denmark, Ireland, France, Hungary and Romania, which is supported by Austria and Estonia, calling on the Commission to introduce a scheme of aid for private storage of pigmeat.

As to the dairy sector, the continuing weakness in the global dairy market is having a severe impact on dairy farmers in Ireland and throughout the EU. Prices have fallen from historically high levels in 2013 to exceptionally low levels at present, and further reductions are anticipated. This weakness in prices has been exacerbated by the Russian import ban. In these circumstances it is important that the European Commission uses the measures available to it to assist the situation. Some private storage aid has already been provided. I will be raising the dairy sector at next week’s Council of Ministers and will be calling on the Commission to take whatever action is necessary to support the market in a way that is both timely and effective during the period of instability in prices.

Agriculture Scheme Payments

Questions (84)

Michael Creed

Question:

84. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he will provide details of all 2014 payments made in respect of a person (details supplied) in County Cork under the disadvantaged area and single farm payments to date; if he will provide details of all penalties in respect of their application which have been deducted in 2014; and if he will make a statement on the matter. [47481/14]

View answer

Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 17 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.

The inspection identified discrepancies between the areas declared by the applicant and the area found resulting in an over-declaration in area of between 3% and 20%. Under the Terms and Conditions of Single Farm Payment Scheme this resulted in the 2014 payments being based on the found area having been reduced by double the difference between the area found and the area declared.

The person named was notified of this decision by letter dated 19 November 2014. The person named was also informed of the right to seek a review of this decision.

The advance payment under the 2014 Single Farm Payment Scheme had an amount of €1,095.31 deducted in respect of the over-declaration outlined above . As a result an amount of €1,732.04 issued on 6 November 2014 in respect of the Single Farm Payment advance . Furthermore an amount €322.10 (details of overpayment below) was recouped from the balancing payment under the 2014 Single Farm Payment Scheme , resulting in an amount of €2,471.93 being issued on 1 December 2014.

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that a number of the land parcels declared by the person named contained ineligible features and that these features had been included on the Single Farm Payment Scheme application since 200 9 . However, while the person named was notified of this decision and of his right of appeal, to date no such appeal has been received. It remains open to the person named to appeal, should he so wish. This resulted in an over payment of €322.10 in respect of the years 2010 to 2012 inclusive and was recouped from the balancing payment of the person named as outlined above.

While the payment due under the 2014 Disadvantaged Areas’ Scheme was not affected by the outcome of the 2014 inspection or the LPIS review, an amount of €758.54 was recouped from the payment due. This resulted in an amount of €2,642.32 issuing on 6 November 2014. A sum of €537 was in respect of the Local Property Tax and was deducted as per an agreement between the person named and the Revenue Commissioners, while the remaining €221.54 related to an Organic Farming Scheme (OFS) over-payment. The person named was notified of this OFS over-payment by letter dated 17 February, 2014.

Single Payment Scheme Eligibility

Questions (85)

Michael McNamara

Question:

85. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the way boglands unfit for grazing are defined for the purposes of the EU single payment scheme; and the way boglands unfit for grazing are differentiated from boglands fit for grazing for the purposes of eligibility for the single payment scheme. [47488/14]

View answer

Written answers

Payments under the Single Payment Scheme may only be made in respect of eligible land. Eligible land is defined as land that is used for an agricultural activity. An agricultural activity is defined as the production, rearing or growing of agricultural products including harvesting, milking, breeding of animals and keeping animals for farming purposes. In addition, land must be maintained in good agricultural and environmental condition, which can be achieved by carrying out farming practices such as grazing or by topping the land.

Bogland in Ireland ranges from raised bog in lower elevations to blanket peat at higher elevations. In the main raised bog is not eligible land as it is traditionally not used or suitable to carry out a traditional farming activity such as the rearing of animals. On the other hand blanket peat can be eligible where it continues to be used to carry out an agricultural activity such as sheep farming.

When carrying out eligibility inspections to ensure compliance with the regulatory requirements governing the Single Payment Scheme all areas submitted for payment are inspected on their own merit and where my Department is satisfied that an acceptable agricultural activity is being conducted the land will be considered eligible.

Agriculture Scheme Payments

Questions (86)

Michael Healy-Rae

Question:

86. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a farm payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [47492/14]

View answer

Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 13 May 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. My Department is now finalising this inspection with the intention of issuing any payments due a s soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

State Bodies Mergers

Questions (87, 116)

Seán Fleming

Question:

87. Deputy Sean Fleming asked the Minister for Justice and Equality if she will provide an up to date report on the proposed merger of the Valuation Office, Property Registration Authority and Ordnance Survey Ireland; and if she will make a statement on the matter. [47479/14]

View answer

Seán Fleming

Question:

116. Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding the proposed merger of the Property Registration Authority, the Valuation Office and Ordnance Survey Ireland; and if she will make a statement on the matter. [47483/14]

View answer

Written answers

I propose to take Questions Nos. 87 and 116 together.

The merger of the Property Registration Authority, Valuation Office and Ordnance Survey Ireland has been mandated by the Government under the Agency Rationalisation Programme. A Project Board, comprising senior representatives of the three Departments concerned along with the Chief Executive Officers of the three Agencies, is overseeing the merger. The CEO Designate of the merged body, who acts as Project Manager for the merger, was appointed from 1 July 2013. It is anticipated that Ministerial responsibility for the Valuation Office and Ordnance Survey Ireland will be transferred to the Minister for Justice & Equality in due course.

Full implementation of the merger of the three organisations to form a new organisation to be called Tailte Eireann will require primary legislation. I intend to publish the General Scheme of the Tailte Eireann Bill early in the new session and to proceed as quickly as possible thereafter to enactment of the legislation.

The merger of the Valuation Office, Ordnance Survey Ireland and the Property Registration Authority provides an opportunity for more efficient and cost-effective delivery of land, spatial data and property administration services. Savings in the short to medium term are anticipated from the consolidation of common back office functions such as Human Resources, conventional ICT systems, Financial Management and a potential reduction in the cost of accommodation and software licensing. In the longer term, more efficiencies/synergies may be achievable in operational areas and through the exploitation, including where possible commercialisation, of combined data sets.

Immigration Controls

Questions (88)

Maureen O'Sullivan

Question:

88. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality her views on the recent published letter to President Obama expressing admiration for the President's display of true leadership in tackling undocumented migrants in the US, when in this country recent reports estimate that there are in excess of 20,000 undocumented workers residing; her plans on showing similar leadership on the issue; and if she will make a statement on the matter. [47380/14]

View answer

Written answers

The Government acts in the best interests of Irish citizens whether they are at home or abroad. Cases are considered on their individual merits and that will continue to be the policy. Ireland has shown itself to be a country that is open to migration and it is quite clear that those who opt to abide by our rules benefit from doing so. For instance:

- Since March 2011 over 78,000 immigrants have been naturalised;

- In the past three years over 240,000 visas have been issued to tourists, students, business people and so forth to enable them to come here.

- At the end of 2013 there were over 109,000 non-EEA nationals resident in the State.

- Ireland continues to provide a safe haven to those who come here to seek our protection.

Garda Operations

Questions (89, 90, 91)

Pádraig MacLochlainn

Question:

89. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the protocol of An Garda Síochána for notifying the coroner at the weekend and out of office hours of a suspicious death. [47398/14]

View answer

Pádraig MacLochlainn

Question:

90. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if is it the responsibility of An Garda Síochána or the coroner to notify the Office of the State Pathologist. [47399/14]

View answer

Pádraig MacLochlainn

Question:

91. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if it is the responsibility of An Garda Síochána or the coroner to direct the removal of a body from a scene where the cause of death is unknown but appears suspicious. [47400/14]

View answer

Written answers

I propose to take Questions Nos. 89 to 91, inclusive, together.

Section 18(3) of the Coroners Act, 1962, places an obligation on an Inspector or Officer of the Garda Síochána, if he or she becomes aware of the death within the district of a coroner of any person in whose case a medical certificate of the cause of death is not procurable, to inform the coroner of such death. This notification should be made to the coroner as soon as practicable.

Section 33(2) of the Act provides that a coroner may request a post-mortem examination by the State Pathologist to be arranged. In cases where a member of the Garda Síochána, not below the rank of Inspector, applies to the coroner for a post-mortem to be conducted he or she is obliged to request that the post-mortem be conducted by the State Pathologist.

Section 46 of the Coroners Act, 1962, provides that where a coroner considers it necessary to hold an inquest on, or a post-mortem examination of, the body of a deceased person, he or she may direct that the body be removed into a convenient mortuary or morgue or other suitable place (whether inside or outside his or her district) and kept therein until he or she otherwise directs, and may make such arrangements for the removal of the body as he or she considers necessary or desirable.

Top
Share