Tuesday, 20 Jan 2015

Written Answers Nos. 307 - 323

Agriculture Scheme Payments

Questions (307)

Jim Daly

Question:

307. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine when a claim for an area aid payment will be finalised and issue in respect of a person (details supplied) in County Cork. [2839/15]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2014 Disadvantaged Areas Scheme was received from the person named on 6 May 2014. Processing of this application has recently been completed and the payment due will issue directly to the nominated bank account of the person named shortly.

Rural Development Plan

Questions (308)

Charlie McConalogue

Question:

308. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the number of questions/queries asked of his Department by the EU Commission with regard to the draft rural development plan he has submitted for consideration; if the number of queries made by the Commission exceeds the number of queries from the Commission to the previous RDP submitted for approval under the outgoing CAP agreement; the details of the number of queries made by the Commission in advance of approval of the outgoing RDP; and if he will make a statement on the matter. [2856/15]

Written answers

Minister for Agriculture, Food and the Marine

The draft RDP 2014-2020 was formally submitted to the European Commission on 3 July 2014, a number of weeks in advance of the regulatory deadline. The Commission’s formal observations on the draft RDP were received on 20 October 2014. There were 266 observations in total, incorporating a range of informational, technical and policy matters. This level of feedback from the Commission is not out of line with the observations received in other Member States and, in fact in many cases, the number of observations received on our RDP was less than other Member States. The Department issued a detailed response to the Commission’s observation letter on 11 November 2014.

Under the previous programming period, 77 observations were received from the European Commission on the draft 2007-2013 RDP along with a wide range of observations which were received informally. However, the 2007-2013 RDP and the 2014 -2020 RDP are governed by different EU regulations, rules and procedures. Therefore, the processes in place in relation to the approval and drafting of the two RDPs are not comparable.

At present, Department officials are in ongoing and intensive discussion with the Commission in order to seek a speedy resolution of outstanding issues. This is being pursued by the Department as a matter of priority.

Ministerial Advisers Remuneration

Questions (309)

Jerry Buttimer

Question:

309. Deputy Jerry Buttimer asked the Minister for Defence the amount spent by his Department on special advisers for each of the past four years; the way this compares with the four years from 2007 to 2010; and if he will make a statement on the matter. [2503/15]

Written answers

Minister for Defence

It has not been possible in the time available to compile all the necessary information requested by the Deputy. The information will be forwarded to the Deputy as soon as possible.

Ministerial Transport

Questions (310)

Jerry Buttimer

Question:

310. Deputy Jerry Buttimer asked the Minister for Defence the amount spent by his Department on ministerial drivers and associated travel expenses for each of the past four years; the way this compares with similar expenditure for the four years from 2007 to 2010; and if he will make a statement on the matter. [2519/15]

Written answers

Minister for Defence

It has not been possible in the time available to compile all the necessary information requested by the Deputy. The information will be forwarded to the Deputy as soon as possible.

Defence Forces Recruitment

Questions (311)

Seán Kyne

Question:

311. Deputy Seán Kyne asked the Minister for Defence his plans for recruitment to the Navy in 2015; the numbers on any recruitment panels at present; if he expects this panel to be exhausted this year; and if he will make a statement on the matter. [2827/15]

Written answers

Minister for Defence

The Government is committed to maintaining the stabilised strength of the Permanent Defence Force at 9,500 personnel, comprising of 7,520 Army, 886 Air Corps and 1,094 Naval Service.

Targeted recruitment has taken place so as to maintain the level of 9,500 personnel and to ensure the operational capacity of the Defence Forces. As the Permanent Defence Force is currently below the agreed stabilised strength of 9,500, it is intended that targeted recruitment will continue within the resource envelope allocated to Defence.

I can confirm that there is an existing panel in place for the Naval Service which will be used to fill vacancies during 2015. Recruitment of personnel to the Naval Service is determined in line with the operational requirements of the service. It is too early to say when a new General Service Recruitment campaign specifically for the Naval Service will take place. When a new Naval Service recruitment campaign is launched, details will be made available on the Defence Forces website www.military.ie.

With the support of the Chief of Staff and within the resources available, I intend to retain the capacity of the Defence Forces to operate effectively across all roles and to undertake the tasks laid down by Government both at home and overseas.

Foreign Conflicts

Questions (312)

Mattie McGrath

Question:

312. Deputy Mattie McGrath asked the Minister for Justice and Equality the actions her Department is taking to monitor jihadis from Britain and mainland Europe who may be using Ireland as a transit point on the way to Syria and Iraq; and if she will make a statement on the matter. [2226/15]

Written answers

Minister for Justice and Equality

There is considerable concern across Europe and elsewhere at the phenomenon of individuals travelling to conflict areas in the Middle East and the possible threat to national security by those who return from these areas. The events in Paris and Brussels are the most recent manifestations of this threat in some time. The events show that all States must remain vigilant and attentive to the risks posed by this phenomenon.

I am aware of recent media comments to the effect that Ireland is being used as a transit hub for persons travelling to Syria or Iraq. I have already made it clear that there is no evidence that Ireland is a particular transit hub for persons to travel to Turkey on the way to Syria and Iraq, any more than any country with international flight connections can be said to be a transit hub for these persons. I should add that Ireland already has strong immigration controls in place and cooperates fully in exchanges of information with other countries.

There are a small number of people based here who support extremism and would try to facilitate others to travel to conflict zones. The activities of these people are closely monitored by An Garda Síochána. There is also very close cooperation with security services in other jurisdictions.

Ireland, like any other democratic country with similar values, is not immune to a threat from international terrorism. While an attack on Ireland is possible it is not assessed as likely. There is no specific information in relation to a threat to Ireland. An Garda Síochána are keeping the level of threat from international terrorism under continuous review in light of ongoing developments and continuing to take all appropriate measures to counteract this threat. In this they have the full support of the Government.

The Government is committed to ensuring that the necessary legislation is in place to address terrorist threats. The Criminal Justice (Terrorist Offences) (Amendment) Bill 2014 has already passed all stages in the Seanad. The Bill, when enacted, will create the three new offences of, public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. These offences will carry sentences of up to 10 years imprisonment on conviction on indictment. It is expected that the Bill will come before the Dáil shortly.

Road Traffic Offences

Questions (313)

Thomas P. Broughan

Question:

313. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the instances where licence numbers are not recorded in court under drink driver prosecutions. [2262/15]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that I am making enquiries with the Courts Service and the Garda Síochána in relation to the information sought by the Deputy and I will write to the Deputy directly as soon as it is to hand.

Road Traffic Offences

Questions (314)

Thomas P. Broughan

Question:

314. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of prosecutions so far brought under the Road Traffic Act 2006 (Restriction on Use of Mobile Phones) Regulations 2014; and if the Garda is enforcing this law. [2263/15]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Referendum Campaigns

Questions (315)

Michael McCarthy

Question:

315. Deputy Michael McCarthy asked the Minister for Justice and Equality the position regarding setting a date to hold a referendum on removing the offence of blasphemy from the Constitution; and if she will make a statement on the matter. [2479/15]

Written answers

Minister for Justice and Equality

The Deputy will be aware that the Government agreed last September to hold a referendum on removing the offence of blasphemy from the Constitution, in response to the 6th Report of the Convention on the Constitution.

The work necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy is ongoing in my Department.

An appropriate date for the Referendum will be decided by Government when the legislation has been prepared. Last week, the Taoiseach confirmed in the Dáil that the blasphemy referendum will not be held this year, as two referenda are already scheduled for this year.

In the meantime, my officials and I are working on preparing the necessary legislation which is included in the Government Legislative Programme for 2015, as announced on 14 January.

Miami Showband Massacre

Questions (316)

Finian McGrath

Question:

316. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support the Miami showband massacre survivors in their efforts for justice and truth; and if she will make a statement on the matter. [2577/15]

Written answers

Minister for Justice and Equality

At the outset I express my deepest sympathy to the survivors and the families of the victims of the attack on the Miami Showband. The attack in July 1975 not far from Newry took the lives of three of the members of the band, Fran O'Toole, Brian McCoy and Tony Geraghty, and wounded Stephen Travers and Des McAlea. The brutal attack on the Miami Showband is one of the violent incidents which sticks in the memory as among the most bloody episodes in the history of the troubles. Indeed, two of the gang that carried out the attack were killed when the bomb they were planting exploded prematurely.

The attack was claimed at the time by the Ulster Volunteer Force. It is very clear, however, from the various investigations that have been carried out down the years that members of the Ulster Defence Regiment were deeply involved in it. Indeed, three former members of the UDR were prosecuted in Northern Ireland and convicted of murder for their part in the Miami Showband attack. The report of the PSNI's Historical Inquiries Team in 2011 concluded that the murders raised troubling questions about collusion between security forces in Northern Ireland and loyalist paramilitaries. I understand also that a civil action for damages is being pursued currently in Northern Ireland against the police and the UK Ministry of Defence.

It is impossible to forget the many horrific acts of troubles-related violence that were carried out or, indeed, the pain that is still being felt as a result. The impact of this and many other atrocities continues to be felt to this day and our thoughts are with the survivors and the relatives of those events. As the Deputy is aware, the late Judge Henry Barron carried out detailed and painstaking inquiries into many of these awful events in which so many innocent people lost their lives. The Garda authorities co-operated fully with the Barron inquiries.

In 2007 a monument dedicated to the memory of the three band members who lost their lives in this brutal attack was erected in Dublin. The memorial is situated at the site of the old National Ballroom at Parnell Square where the band had played regularly and it is, I think, a very fitting tribute to those talented young men.

On the general question of dealing with the past, the Deputy will be aware that the Stormont House Agreement contains a series of valuable measures in this regard.

Legislative Measures

Questions (317)

Robert Dowds

Question:

317. Deputy Robert Dowds asked the Minister for Justice and Equality her views that persons are subject to sufficient rigour within the jurisdiction in relation to bankruptcy arrangements; and if she will make a statement on the matter. [2614/15]

Written answers

Minister for Justice and Equality

The Official Assignee in Bankruptcy has responsibility for ensuring that the provisions of bankruptcy legislation are fully enforced in the administration of bankruptcy estates. This involves ascertainment of assets in estates and their realisation and distribution of sale proceeds to creditors.

I am informed that the High Court frequently deals with applications from the Official Assignee seeking compliance against individual bankrupt persons who do not cooperate in the bankruptcy process. His investigations have resulted in 3 persons serving jail terms for non cooperation of various types over the last 18 months and there have been 4 extensions of bankruptcy periods on application by the Official Assignee to the Bankruptcy Court.

A fair balance is achieved by the Official Assignee's Office in ensuring that there is a maximum contribution by way of income payment for debtors for discharge of their debts, whilst ensuring debtors retain sufficient income to ensure a reasonable standard of living, within the Reasonable Living Expense Guidelines of the Insolvency Service of Ireland.

Garda Misconduct Allegations

Questions (318)

Finian McGrath

Question:

318. Deputy Finian McGrath asked the Minister for Justice and Equality the mechanism she has put in place to address the issue of irregularities in the case of a person (details supplied); if she will initiate a full independent public inquiry into the tragic killing of this person; and if she will make a statement on the matter. [2210/15]

Written answers

Minister for Justice and Equality

The particular case to which the correspondence refers is amongst those 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, or other public representatives 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.

The counsel are all fully aware of and share my concerns that nothing arises which might in any way detract from the integrity of the review mechanism, including issues of conflict of interest. Arrangements have been put in place to ensure that if there is any conflict, or potential conflict, the particular counsel not only will not be involved in the particular case but also will not be aware of which counsel is reviewing it. This is normal professional conduct and there are sufficient counsel on the panel to ensure the practicality of this. Whatever steps are necessary will be taken to ensure there is no conflict of interest. The person who has raised the complaint in this matter has been advised of these arrangements as has her legal representative.

Each recommendation that is made by the Panel will be very carefully considered, but as a matter of general principle let me say quite clearly that, in coming to a decision in each case, I will be very strongly guided by the independent advice of counsel. Quite clearly, having engaged counsel for this review, it would be entirely appropriate to be guided by their advice. For this reason, it would not be appropriate to comment upon the potential outcome of individual complaints being reviewed by this mechanism before I have received and considered counsel's recommendation therein.

Family Reunification Data

Questions (319, 320)

Ruth Coppinger

Question:

319. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of persons who are married to, or in civil partnerships with, Irish citizens who were not granted family reunification visas in the years 2011 to 2014, inclusive. [2228/15]

Ruth Coppinger

Question:

320. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of persons who are married to, or in civil partnerships with, Irish citizens who were granted family reunification visas in the years 2011 to 2014, inclusive. [2229/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 319 and 320 together.

I am advised by the Irish Naturalisation and Immigration Service of my Department that the number of Irish entry visas granted for the purpose of joining Irish spouses or partners in 2011, 2012, 2013, and 2014 was 587, 684, 723 and 760 respectively. The number of refusals for the corresponding period was 111, 80, 154 and 150 respectively.

Naturalisation Applications

Questions (321)

Bernard Durkan

Question:

321. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will review and facilitate 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. [2238/15]

Written answers

Minister for Justice and Equality

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.

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. Persons making an application for a certificate of naturalisation are required to provide evidence of their identity by providing their passport and birth certificate, so that the State can have equivalent proofs of the identity of naturalised citizens as all other citizens. In rare circumstances where an applicant cannot obtain their passport and birth certificate, or other supporting documents, for reasons genuinely beyond their control, then the applicant will be required to provide an explanation and submit evidence, such as correspondence from the relevant authorities responsible for the issuing of passports and birth certificates in their country, stating why they are not obtainable. The Citizenship Division will assess those reasons and if satisfied that they provide a genuine impediment, alternative means of validating the true identity of the person will be put in place.

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.

Deportation Orders

Questions (322)

Bernard Durkan

Question:

322. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress in determination of an application pursuant to the provisions of section 3(11) of the Immigration Act 1999, as amended, in the case of a person (details supplied) in Dublin 1; and if she will make a statement on the matter. [2251/15]

Written answers

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order made on 12th November 2008. The person concerned has been evading deportation since 2nd December 2008.

Representations were received from the person's legal representative, pursuant to Section 3(11) of the Immigration Act 1999 (as amended), to revoke the Deportation Order. The Deputy might wish to note that any such decision will be to 'affirm' or to 'revoke' the existing Deportation Order. In the mean-time, the Deportation Order remains valid and in place.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Courts Service Data

Questions (323)

Catherine Murphy

Question:

323. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of court exemption orders that were issued to permit a marriage where one or both of the spouses were below the age of 18 years in 2010 to 2014, inclusive; her plans for legislative changes in this area; and if she will make a statement on the matter. [2435/15]

Written answers

Minister for Justice and Equality

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that statistics are not compiled in such a manner as to provide the information sought by the Deputy. The information could only be retrieved by way of a manual examination of individual court records. As I am sure the Deputy will appreciate, this would require a disproportionate amount of staff time and resources which cannot be justified.

As the Deputy is aware, under the law as it stands, a minor may seek an exemption from the minimum age of marriage. I wish to inform the Deputy that my Department, together with other relevant Government Departments, intends to examine the issues relating to marriage by minors and consider whether any amendment is required to the existing exemption provisions.