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Thursday, 22 Jan 2015

Written Answers Nos. 97-105

Agriculture Scheme Payments

Questions (97)

Michael Ring

Question:

97. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their single payment scheme and disadvantaged areas scheme payments. [3156/15]

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Written answers

A 2014 Single Farm Payment/Disadvantaged Area Application was received in respect of the person named on 9 May 2014. Processing of this application revealed over-claims in respect of two commonage land parcels. The person named was recently notified of this error by letter. The person named is now required to confirm his entitlement to claim the commonage parcels and submit documentary evidence to substantiate his claim. An official of my Department has made direct contact with the person named on this issue.

GLAS Administration

Questions (98)

Denis Naughten

Question:

98. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the reason his Department set a precondition of a qualification in soil science for planners operating the new GLAS; if he will reverse this decision in view of the fact that many very competent agricultural planners are being excluded from the programme; and if he will make a statement on the matter. [3209/15]

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Written answers

EU Regulations governing the Direct Payment Schemes require my Department to operate a Farm Advisory System (FAS) to provide advice to farmers on a range of issues relating to land and farm management. The regulations require that advisors are suitably qualified and regularly trained. In order to be approved as a GLAS Advisor, an advisor must also be an approved FAS advisor.

In determining the level of educational qualifications required to be a FAS/GLAS advisor, my Department must ensure that such qualifications are of an appropriate standard to meet the objectives and the requirements of the various schemes, and the associated governing legislation, on which advice is being provided. Advisors must be qualified to interpret soil tests, understand the requirements of all schemes and understand constraints of land management imposed by various land designations. Furthermore, advisors must be in a position to translate this knowledge into detailed management plans and to advise farmers not only on the schemes requirements but also on their farm operations.

In order to ensure that advisors meet the requirements outlined above, my Department requires that all advisors must have attained a FETAC Level 8 Bachelor Degree in Agricultural Science/Land Management in Agriculture and must have taken soil science and an animal or crop production subject to a level 8 degree standard.

Defence Forces Properties

Questions (99, 100, 101, 102)

Seán Ó Fearghaíl

Question:

99. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of over-holders currently in situ at his Department's properties at the Curragh Camp, County Kildare; and if he will make a statement on the matter. [3081/15]

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Seán Ó Fearghaíl

Question:

100. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of warning notices or notices to quit that have issued to over-holders at the Curragh Camp, County Kildare; and if he will make a statement on the matter. [3082/15]

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Seán Ó Fearghaíl

Question:

101. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of repossession orders that have been sought in respect of over-holders at the Curragh Camp, County Kildare; if all orders sought have been granted; if they have been granted, the number that have been executed; and if he will make a statement on the matter. [3083/15]

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Seán Ó Fearghaíl

Question:

102. Deputy Seán Ó Fearghaíl asked the Minister for Defence the contact his Department has had with Kildare County Council regarding the housing needs of over-holders at the Curragh Camp, County Kildare; the actions which the council proposes to take in respect of over-holders; the advice his Department has received from the council in respect of the accommodation needs of over-holders; and if he will make a statement on the matter. [3084/15]

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Written answers

I propose to take Questions Nos. 99 to 102, inclusive, together.

When serving personnel leave the Defence Forces, or otherwise vacate a married quarter property that had been assigned to them, they are required under military regulations to return vacant possession of that property.

Over the years, the vast majority of serving personnel have returned vacant possession of married quarter properties when required to do so. Those who fail to return vacant possession of such properties are termed “overholders” and the Department seeks to recover possession from this group. Where married quarter properties are located outside barracks they are offered for sale to the occupant and many have been disposed of in this manner. The majority of properties being overheld at this point however are located within barracks and it is not possible to offer these for sale.

Currently there are twenty eight overholders in married quarters in or near the Curragh Camp. Of this group, the Department has issued “ Notices to Quit” in fourteen cases and court proceedings seeking vacant possession were commenced in four of these cases. The courts have granted repossession to the Department in two of the cases and the other two are still being dealt with through the court process. Since 2013, overall fifteen former overholders have vacated properties at the Camp.

The Department initiated discussions with Kildare County Council to determine whether there was a possibility of a joint initiative to provide solutions to the overholding issues in the Curragh. The Council indicated that, due to budgetary constraints their policy now is to lease suitable properties in order to provide accommodation for those who meet the criteria for social housing assistance. In light of this, the Department advises overholders where appropriate to apply for social housing and have supplied supporting documentation to assist with such applications when requested.

In advancing the long standing policy of withdrawing from the provision of married quarter accommodation, which has been in place since 1997, the Department assists in whatever way it can in order to resolve cases without recourse to legal action. However, any initiative to resolve overholding must support and complement the policy as my Department does not have a role in the provision of housing accommodation for the general public and cannot subsidise housing for people who have no entitlement and who may well have the means to supply housing for themselves.

Alcohol Sales

Questions (103)

Róisín Shortall

Question:

103. Deputy Róisín Shortall asked the Minister for Justice and Equality if her attention has been drawn to public concerns regarding the consumption of alcohol in the stands of certain sports stadia; the policy in this regard; her views on the appropriateness of this practice, especially in the context of the presence of children at sporting events; if this practice contravenes current licensing laws prohibiting the presence of children on licensed premised after 9 p.m.; and if she will make a statement on the matter. [3173/15]

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Written answers

The position is that statutory provisions concerning the issuing of licences for the sale and consumption of alcohol products in designated national sporting areas are set out in section 21 of the Intoxicating Liquor Act 2003.

Under section 21 of the 2003 Act, the Minister for Transport, Tourism and Sport is authorised to make regulations designating an arena or stadium used primarily for sport as a "designated national sporting arena" and to issue a certificate approving of the issue of a licence by the Revenue Commissioners in respect of it. Such regulations must clearly identify prescribed areas in the arena within which alcohol products may be sold and consumed; sale and consumption of alcohol outside the prescribed areas is not permitted.

As regards the presence of children on licensed premises, the position is that section 34 of the Intoxicating Liquor Act 1988, as amended, makes it an offence for a licensee to permit a person under the age of 18 years to be in the bar of a licensed premises after 9.00 p.m. (10.00 p.m. during the months of May to September). However, section 34 applies to bars of licensed premises only and does not apply to premises in which the sale and consumption of alcohol is ancillary to other activity, such as restaurants, theatres or designated national sporting arenas.

Residency Permits

Questions (104)

Bernard Durkan

Question:

104. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if stamp 2 will be upgraded to stamp 4 in the case of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [3074/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation remains the same as my reply to the Deputy's Parliamentary question of 15 January 2015 in relation to the same person.

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

Leave to Remain

Questions (105)

Bernard Durkan

Question:

105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status of a person (details supplied) in Dublin 8 and if permission to remain will be granted in this case; and if she will make a statement on the matter. [3075/15]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the reply to the Deputy's previous Parliamentary question of 15 May 2014 remains unchanged. The individual concerned has not provided details of any steps taken to pursue the "student pathway" rules as set out on the INIS website. Failure to comply with these rules will lead to consideration of the case for deportation following the imminent expiration of their current student permission.

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

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