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Tuesday, 24 Feb 2015

Written Answers Nos. 302-318

Departmental Staff

Questions (303)

Noel Coonan

Question:

303. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine his views that it is appropriate that officers of his Department, who have already carried out inspections on a number of controversial commonage files in south Galway, should now be allowed to carry out inspections on these same commonage files, which are the subject of an European Union audit; and if he will make a statement on the matter. [8154/15]

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Written answers

My Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas’ Scheme, which have been replaced by the Basic Payment Scheme and Areas of Natural Constraints Scheme in 2015, and other area related schemes, is required to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance aspects to ensure adherence with EU regulatory requirements and that the farm is maintained in Good Agricultural and Environmental Condition. The basis for these inspections is governed by EU legislation and there are certain minimum numbers and types of inspections that must be conducted each year. Details of these inspections and the regulations involved are published in the Terms and Conditions of the Schemes which are sent to every applicant annually. These inspections are a necessary requirement in order to draw down approximately €1.5 billion of EU funds annually and to avoid EU disallowances. The inspections are subject to repeated audits by the European Commission, the European Court of Auditors and the Comptroller and Auditor General’s Office and this ensures an independent verification that inspections are conducted in full compliance with the legal requirements. In abiding with the findings of these audits my Department ensures that these inspections are conducted in a fair and equitable manner and in full accordance with the legislative provisions. Furthermore inspecting officers are very experienced and are regularly trained to ensure that they carry out inspections in a professional manner, with a process of continuous oversight by supervisors and random verification of inspections to ensure a fair and consistent approach. Also when conducting inspections standardised inspection report forms and guidance documentation are provided to the inspecting officers, with the inspection outcome being recorded on the relevant schemes’ IT system. This approach ensures that both the quality and consistency of inspections are maintained at extremely high levels.

A comprehensive appeal mechanism is in place in order to protect the interests of farmers who have difficulties with the inspection findings or who consider that the inspection has not been conducted in accordance with legislative requirements. This appeal system incorporates the option for a farmer to initially seek to have the inspection outcome reviewed internally by an officer more senior than the inspecting officer. Where the farmer remains dissatisfied, the decision can be appealed to the independent Agriculture Appeals Office and ultimately to the Office of the Ombudsman.

Agri-Environment Options Scheme Payments

Questions (304)

Michelle Mulherin

Question:

304. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the reason some of the agri-environment options scheme 2 payments for 2014, in respect of a person (details supplied) in County Mayo, were kept back; and if he will make a statement on the matter. [8169/15]

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Written answers

The person named was approved for participation in the 2011 Agri Environment Options Scheme (AEOS 2) with effect from the 1st September 2011. 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.

For the 2014 scheme year, the person named was paid 100% of the amount calculated for that scheme year, less €249.36 in respect of reduced areas calculated following an on-the-ground inspection in 2012.

However, officials are currently carrying out a full review of the application. It is expected that this review should be completed shortly and the person named will be notified of the outcome once that review has been completed.

Agri-Environment Options Scheme Payments

Questions (305)

Marcella Corcoran Kennedy

Question:

305. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Offaly will receive up-to-date payments under the agri-environment options scheme; and if he will make a statement on the matter. [8182/15]

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Written answers

The person named was approved for participation in the 2012 Agri-Environment Options Scheme (AEOS 3) with effect from the 1st May 2013 and full entitlements have issued in respect of the 2013 Scheme year. 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. Payments in respect of the 2014 Scheme year are subject to a similar administrative checking process which includes the requirement to return a valid Soil Sample Declaration.

My Department has yet to receive a Soil Sample Declaration from the person named and Department officials have been in contact with the person named regarding this. Payment for 2014 will issue at the earliest opportunity once this issue has been resolved and all validations have been successfully completed.

Single Payment Scheme Payments

Questions (306)

Patrick O'Donovan

Question:

306. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the reason penalties on single farm payments were imposed in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [8201/15]

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Written answers

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. This resulted in an over-payments being assessed for years 2012, 2011, 2010 and 2009. It is noted that the holding in question transferred to the person named in 2011 and that the over-payments due in his name have been fully recouped by my Department.

Sheep Technology Adoption Programme Payments

Questions (307)

Michael Healy-Rae

Question:

307. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [8222/15]

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Written answers

Payments under the 2014 Sheep Technology Adoption Programme commenced in December. Validations are ongoing and payment for the person named will issue shortly.

TAMS Eligibility

Questions (308)

Michael Healy-Rae

Question:

308. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if the points system, relating to the targeted agricultural modernisation scheme, closed on 31 December 2013; and if he will make a statement on the matter. [8308/15]

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Written answers

The Targeted Agricultural Modernisation Schemes (TAMS) which were established on the basis of the old 2007-2013 Rural Development Programme are now closed for receipt of applications. There were selection criteria in place under these schemes in line with the governing EU provisions in order to ensure the equal treatment of all applicants and the better use of financial resources. All eligible applicants were approved under the TAMS schemes. The proposals for the new TAMS schemes under the 2014-2020 Rural Development Programme are currently with the Commission for approval. As required under the relevant regulations, these proposals include application of selection criteria. These will be transparent and will be made available to potential beneficiaries through the application forms and terms and conditions of the various schemes.

TAMS Data

Questions (309)

Michael Healy-Rae

Question:

309. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if the points system was used for the targeted agricultural modernisation scheme, and the number of applicants who were rejected; and if he will make a statement on the matter. [8311/15]

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Written answers

The Targeted Agricultural Modernisation Schemes (TAMS) which were established on the basis of the old 2007-2013 Rural Development Programme are now closed for receipt of applications. There were selection criteria in place under these schemes in line with the governing EU provisions in order to ensure the equal treatment of all applicants and the better use of financial resources. All eligible applicants were approved under the TAMS schemes and no eligible applicants were rejected. The proposals for the new TAMS schemes under the 2014-2020 Rural Development Programme are currently with the Commission for approval. As required under the relevant regulations, these proposals include application of selection criteria. These will be transparent and will be made available to potential beneficiaries through the application forms and terms and conditions of the various schemes.

Defence Forces Reserve

Questions (310)

Seán Ó Fearghaíl

Question:

310. Deputy Seán Ó Fearghaíl asked the Minister for Defence if there are allowances, stipends or benefits-in-kind, generally treated like wages, for the membership of the Reserve Defence Force; and if he will make a statement on the matter. [8189/15]

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Written answers

The small number of allowances payable to members of the Reserve Defence Force (RDF) such as Patrol Duty, Uniform Replenishment, Naval and Children’s allowance are treated as income by the Revenue Commissioners for the purposes of the payment of PAYE, PRSI and USC, where appropriate, and the charges are levied accordingly.

Members of the RDF are volunteers who undertake training in their spare time. Members of the RDF undertake unpaid training and there is also provision made for them to avail of paid training. However, members of the RDF are not employed or engaged under a contract of employment which stipulates either weekly hours of work or working time and service with the RDF is not pensionable under the Defence Forces Pension Schemes.

Defence Forces Recruitment

Questions (311)

Michael Lowry

Question:

311. Deputy Michael Lowry asked the Minister for Defence his plans to sanction additional recruitment for the Army in 2015. [8106/15]

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Written answers

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 in 2015, from the recruitment panels formed from the current General Service recruitment competition, launched in March 2014. It is planned that these panels will remain in place until they are exhausted. It is too early to say when this recruitment will commence, as this is dependent on the operational requirements of the Defence Forces and the budget allocation for Defence.

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.

Air Corps

Questions (312)

Seán Ó Fearghaíl

Question:

312. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he will explain the number of routine flights over the greater Clondalkin area from Baldonnel; his views on the necessity of these flights, with due regard to noise complaints from local residents; and if he will make a statement on the matter. [8187/15]

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Written answers

Because of the proximity of Clondalkin to Casement Aerodrome Baldonnel, it is necessary that many flights in and out of the Aerodrome must pass over the Clondalkin area.

Baldonnel has operated as an aerodrome since 1917 and the Air Corps currently operates aircraft in support of a wide range of services such as emergency inter-hospital transfers, support to An Garda Síochána and undertaking maritime patrols, in addition to providing support to the Army and the Naval Service.

The Air Corps is aware of the inconvenience that such flights may cause and every effort is made to minimise the time spent at low level or near areas of population.

Defence Forces Reserve Training

Questions (313)

Seán Ó Fearghaíl

Question:

313. Deputy Seán Ó Fearghaíl asked the Minister for Defence the conditions necessary to qualify for a period of paid training; the way time-in-attendance for unpaid training, including voluntary unpaid training, is recorded; the requirement for each category, in time figures, for the individual reservist to fulfil annually; and if he will make a statement on the matter. [8188/15]

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Written answers

All effective Reserve Defence Force (RDF) personnel are entitled to attend periods of full time training.

The criteria for effectiveness are set out in Defence Forces Regulations (DFR R5). Attendance at RDF training is recorded on the Time and Attendance Module of the Personnel Management System (PMS). The Time and Attendance Module does not specifically record whether attendance at RDF training was paid or unpaid. The status of attendance as paid or unpaid training is recorded at Unit level.

The criteria for effectiveness, including attendance at training are currently being reviewed in line with the recommendation made in the Value for Money Review (VFM) Review of the RDF. DFR R5 will be updated in due course to reflect any changes in these criteria. In the interim, indicative attendance requirements for 2015 were set out in Administrative Order 01/2013, “Implementation of the Defence Forces Reorganisation Plan Reserve Defence Force (RDF), 2012-2013”. In this context, the indicative attendance requirements for individual reservists for 2015 are a total of 48 hours paid/unpaid training and a minimum of 12 hours voluntary unpaid experiential training.

Departmental Staff

Questions (314)

Aengus Ó Snodaigh

Question:

314. Deputy Aengus Ó Snodaigh asked the Minister for Defence his views on the proposal to require all public sector workers under the aegis of his Department who interface with service users to wear a name badge; and if he will make a statement on the matter. [8568/15]

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Written answers

The Defence Organisation includes military personnel and civil servants, along with civilian employees who are attached to military installations. The vast majority of Civil Servants and civilian employees do not have contact with service users in the normal course of their duties. Accordingly there is no requirement for the wearing of name badges by these personnel. However, it is practice for staff of my Department to identify themselves when dealing with the public.

Members of the Defence Forces wear a name tab, when in uniform, with their surname inserted on the tab.

Family Reunification Data

Questions (315, 316, 317, 318)

Ruth Coppinger

Question:

315. Deputy Ruth Coppinger asked the Minister for Justice and Equality further to Parliamentary Question No. 319 of 20 January 2015, if she will provide a breakdown of the reasons provided for spouses or civil partners of Irish citizens, who were not granted family reunification visas, in the years 2011 to 2014 inclusive; and if she will make a statement on the matter. [7773/15]

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Ruth Coppinger

Question:

316. 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 2007 to 2010 inclusive; if she will provide a breakdown of the reasons provided for spouses or civil partners of Irish citizens who were not granted family reunification visas in these years; and if she will make a statement on the matter. [7774/15]

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Ruth Coppinger

Question:

317. 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 2007 to 2010 inclusive. [7775/15]

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Ruth Coppinger

Question:

318. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of persons who did not meet the criteria for a family reunification visa, as outlined in her Department's policy document, but were granted a visa, based on ministerial or departmental discretion, for the years 2011 to 2014, inclusive; and if she will make a statement on the matter. [7776/15]

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Written answers

I propose to take Questions Nos. 315 to 318, inclusive, together.

Prior to the introduction of a new computerised visa system by the Irish Naturalisation and Immigration Service (INIS) of my Department in 2008 and rolled out to Irish Missions and Visa Office worldwide throughout 2008 and 2009, only limited statistical information was recorded, often manually, at individual offices. Accordingly, the detailed information sought by the Deputy for the years 2007 to 2009 is not available. I am, however, advised by INIS that in 2009, an estimated 368 entry visas were granted for the purpose of joining Irish spouses or partners. For the reason outlined above, a further breakdown of these figures is not possible, including the number of refusals. In 2010, 539 Irish entry visas were granted for the purpose of joining Irish spouses or partners and 76 were refused.

The total number of refusals of Irish entry visa applications for the period 2011 to 2014, made for the purpose of joining Irish spouses or partners, was 495. A breakdown of the number of applications granted and refused in each of these years was provided to the Deputy in reply to her question of 20 January, 2015.

Applications for visas for family reunification are refused for a range of reasons such as insufficient documentation furnished by the applicant or in some cases suspected fraudulent documents. In addition, visas are refused because of the financial capacity of the Irish national sponsor. Indeed in many cases there can be a combination of these and other reasons for refusal. Accordingly, it is not possible to provide the breakdown sought by the Deputy without the examination of the file of each individual application which would require the expenditure of an inordinate amount of staff time and resources being diverted away from processing of applications which could not be justified.

The Department's Policy Document on Non-EEA Family Reunification, referred to by the Deputy, was published in December 2013 and came into force on 1st January 2014. In that year, a total of 760 entry visas were granted for the purpose of joining an Irish spouse or partner. The policy document specifically recognises ministerial discretion indicating that such discretion applies to most of the decision making in the area of family reunification as covered by the policy document. It is more a question of the policy document providing greater detail on how that discretion is intended to be applied. Accordingly, the visa deciding officer considers the full circumstances of each case which are fully taken into account in deciding each application. In addition, appeals of decisions are considered by a different officer of my Department who is generally at a more senior level.

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