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Wednesday, 25 Feb 2015

Written Answers Nos. 91-110

Pension Levy

Questions (91)

John Paul Phelan

Question:

91. Deputy John Paul Phelan asked the Minister for Public Expenditure and Reform his plans to remove the public sector pension levy; and if so; if he will provide the timetable for its removal; and if he will make a statement on the matter. [8415/15]

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Written answers

I refer to my reply of 11 February 2015 to Parliamentary Question Number 5603.  The position remains unchanged.

Revised Estimates Publication

Questions (92)

Sean Fleming

Question:

92. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform further to Parliamentary Question No 244 of 10 February 2015 and the assertion that the readability of reports published by Departments is enhanced by the use of 12-point font or greater, his views on the point size of the font used on page 103 of the Revised Estimates for Public Services 2015, published by his Department; and if he considers such a point size to be easily readable. [8432/15]

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Written answers

The Revised Estimates Volume (REV) is an annual publication that sets out very detailed information in relation to the expenditure allocations that are voted upon by the Dáil.  It contains financial information on voted expenditure across all Government Departments. As part of the reforms we have introduced, the REV also now contains information about the performance of Departments in relation to each of their Strategic Programme areas; this means that the Oireachtas and the public now not only have financial data about how much is being allocated and spent on the Strategic Programmes of each Department, but also data about the outcomes and results of that expenditure in relation to each such Programme.

I agree that the print size is very small on the page identifed by the Deputy in the 2015 REV.  This resulted from our seeking to present the performance information about each Strategic Programme on a single page.  My Department will reconsider how the information is presented in our next Estimates publication; we wish the information to be clear and readily accessible.  Of course most of our publications are accessed via electronic means nowadays rather than via the paper document, and the REV is available on my Department's website (www.per.gov.ie ) where it can be scaled up to different sizes for comfort of accessibility by the reader.

Finally, the Deputy may be interested to know that a wealth of performance data is now also readily available on the public service performance information website(www.IrelandStat.gov.ie) that we introduced and have been expanding over the last few years.  It now contains over 1,200 performance indicators for 35 Programmes across 11 Departments and is being updated on an on-going basis.

Office of Public Works Properties

Questions (93)

Fergus O'Dowd

Question:

93. Deputy Fergus O'Dowd asked the Minister for Public Expenditure and Reform the properties in County Louth, under the care of the Office of Public Works, the spend, capital and current, by the Office of Public Works on each of these properties, for each year since 2012; the works carried out and the plans, capital and current, for expenditure in 2015; and if he will make a statement on the matter. [8441/15]

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Written answers

The information sought by the Deputy is currently being collated. A detailed response will issue as soon as possible.

Enterprise Support Services Provision

Questions (94)

Dara Calleary

Question:

94. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he will provide extra support to local enterprise offices in order to assist them to support small and medium-sized enterprises that are steel fabricators to achieve the new accreditation required by the European Union, thereby maintaining employment, and ensuring competition, in this sector; and if he will make a statement on the matter. [8353/15]

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Written answers

The Construction Products Regulations 2013 (S.I. No. 225 of 2013) were signed into law by the Minister for the Environment, Community and Local Government on 27 June 2013 to facilitate the application of the Construction Products Regulation (or CPR) in Ireland and providing for inspection of products on the Irish market by Local Authorities. These Regulations came into operation on 1 July 2013. Since July 2014 structural steelwork and aluminium now fall under the CPR and therefore must carry CE marking to demonstrate that they comply with the European Commission’s harmonised standard EN 1090-1:2009 which relates to the Execution of Steel Structures and Aluminium Structures. Under EN standard 1090, there are requirements for conformity assessment of structural components, which involves a number of steps that culminate in certification by a third party, known as a 'notified inspection body'. In Ireland, the certification role is performed by the National Standards Authority of Ireland (NSAI).

Information on the CPR itself and other building regulations can be found on the website of the Department of the Environment, Community and Local Government who have allocated responsibility for compliance with the CPR to the building control officers under the local authorities.

In view of the NSAI’s final certification role, and given the roles and responsibilities of other Departments and agencies, my Department has discussed the requirements of the CPR with the relevant Departments and agencies i.e. Department of the Environment, Community and Local Government (DECLG), Department of Education and Skills, the Local Enterprise Offices (LEOs) network and the NSAI.

The role of the LEOs is to provide information, guidance and assistance to small and micro firms, and to signpost these firms to other agencies or bodies where appropriate. Over the last few weeks some of the LEOs, in conjunction with the NSAI, have held four information workshops to date at various locations throughout the country to ensure that steel fabricators had full information about the requirements under the CPR. In addition, the NSAI hosted an information day for the LEOs network on 18th February, at which the NSAI outlined its certification role. Fifteen LEOs were represented.

Any training needs (e.g. welding courses) for steel fabricators arising from the CPR should be directed – in the first instance – to the local SOLAS office, Education and Training Board (ETB) or Institute of Technology (IT) which fall within the remit of the Department of Education and Skills. There may be scope to see what economies of scale might be achieved for companies seeking the same upskilling in the same area.

Any difficulty facing the small business sector is a concern. That is why I would encourage companies to pursue the information and guidance that is available through the DECLG website http://www.environ.ie/en/, the LEOs https://www.localenterprise.ie/ and the NSAI http://www.nsai.ie/, training avenues should be explored with SOLAS/ETBs/ITs for welding courses, and ultimately, CE marking certification can be organised through the NSAI for companies who have successfully implemented the requirements of the CPR.

National Standards Authority of Ireland

Questions (95)

John McGuinness

Question:

95. Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation the action he will take regarding the growing backlog of applications for approval from commercial vehicle body builders, relative to individual vehicles, to the National Standards Authority of Ireland; if his attention has been drawn to the fact that the process is slow and cumbersome, and causing serious difficulty for the business sector involved; the number of approvals processed to date; the number waiting to be processed; the timeframe for each approval to be processed; and if he will make a statement on the matter. [8376/15]

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Written answers

The number of approvals processed since January 1st, 2014 is 971 across the four broad categories of vehicle approvals. As at the 20th February 2014 there were 166 outstanding applications to be processed.

The timeframe for approvals to be processed from submission of application to final approval ranges from 10 days in respect of disabled driver applications to 42 days for commercial vehicles.

The processing time is impacted by the level of technicality and number of applications coinciding with new vehicles registrations.

The NSAI has implemented an alternative service delivery model from January based on the outsourcing of technical resources to address the increased volume of approvals. Due to the technical nature of the approvals process specific induction and training is required.

The average days from application to approval are improving and the NSAI are aiming to reduce the backlog over the next 4-6 weeks with the target lead times of 10 days being achieved by the end of Q2. In this regard, I would urge companies to ensure that complete and accurate technical information is provided to allow NSAI to expedite the completion of the certification process.

Commonage Division

Questions (96)

Seán Kyne

Question:

96. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the reason commonage landowners are not notified in advance of inspections of their commonages, by his Department, and are not presented with a control report to sign; and if he will make a statement on the matter. [8322/15]

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Written answers

In accordance with the provisions of Articles 20, 29(3) of Council Regulation (EC) No 73/2009 and Article 28 of Commission Regulation (EC) No 1122/2009, Member States are required to carry out administrative checks on all applications for aid. Essentially all applications for aid under EU funded Direct Payment Schemes must be subjected to these administrative checks to ensure their accuracy and validity. The Direct Payment Schemes involved include the Single Payment Scheme, the Disadvantaged Areas Scheme, the Grassland Sheep Scheme, REPS and AEOS.

In accordance with the provisions of Article 28 of Regulation 1122/2009, the administrative checks must include cross-checks, using computerised means, to verify the eligibility of the land parcels declared for aid including the area declared for payment purposes. In Ireland, the computerised database used for this purpose is known as the Land Parcel Identification System (LPIS). Member States also have obligations to protect EU funds when making payments under EU funded or partially funded Schemes. In that regard, there is an obligation to ensure that the LPIS database is as accurate as is possible. My Department is constantly updating the LPIS database. The updating is done using a combination of all of the following options:

- Land parcel maps submitted by farmers, which identify areas or features to be excluded.

- Findings of eligibility inspections including ground and remote-sensing inspections.

- Review of ortho-imagery to exclude ineligible area, which were identified on the imagery. This updating exercise would also include ground verification visits to verify the initial findings based on the ortho-image and also to confirm whether there is a farming activity carried out on the parcel or parcels.

The inspections in the case of the commonages referred to come under the third option and are not ground eligibility checks carried out in accordance with Articles 30, 31 and 32 of Regulation (EU) No 1122/2009 under which a control report is prepared.

Animal Feedstuffs

Questions (97)

Michael Colreavy

Question:

97. Deputy Michael Colreavy asked the Minister for Agriculture, Food and the Marine the remedies available to farmers who purchased feeding meals with less than the minimum protein content and value. [8325/15]

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Written answers

Regulation (EC) No 767/2009 on the placing on the market and use of feed requires that manufacturers of feed are required to ensure that feed is sound, genuine, unadulterated, fit for purpose and of merchantable quality. In addition, Article 11 of this Regulation provides that the labelling and presentation of feed shall not mislead the user as to, inter alia, its composition, properties, nature or method of manufacture. Furthermore, Annex IV lists permitted tolerances for the compositional labelling of feed materials or compound feed as referred to in Article11(5). Accordingly, feed manufacturers are required to set out clearly on a label the composition of the animal feed for sale, within the permitted tolerances. If it is the case that an end-user of animal feedingstuffs is of the view that the composition of a feed is at variance with its label details, they should raise this matter with the feed manufacturer in the first instance. If a satisfactory resolution is not reached, the end-user may have a sample of the feed in question independently analysed.

The end-user may report the issue to my Department, who will, if considered appropriate, follow up independently with the feed manufacturer. In the event that the animal feedingstuff is found to be in contravention of tolerances, my Department will carry out appropriate follow-up and enforcement as required with the feed manufacturer.

Forestry Sector

Questions (98)

Michael Colreavy

Question:

98. Deputy Michael Colreavy asked the Minister for Agriculture, Food and the Marine the recourse available to home owners adjoining forestry land, who express an interest in purchasing a section of the land prior to planting, but are met with completely unrealistic prices. [8326/15]

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Written answers

Issues concerning the purchase and sale of lands such as the price set by the seller are a matter for the parties concerned.

Agriculture Scheme Payments

Questions (99)

Michael Healy-Rae

Question:

99. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding farm payments that have not been paid in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [8337/15]

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Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 15 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. This inspection was completed and the outcome resulted in no monetary reductions being applied to the payments due under these schemes. Payments under the 2014 Single Payment Scheme and the Disadvantaged Areas Scheme issued to nominated bank account of the person named on 9 December 2014 and 9 January 2015, respectively.

An application under the 2012 Agri-Environment Options Scheme (AEOS 3) from the person named was received in my Department on 27th November 2012. On 27 th May 2013, a letter issued to the person named informing him that his application for the scheme was not successful and also setting out the reasons why the application was not successful. There is no payment due to the person named under the AEOS Scheme.

Agri-Environment Options Scheme Appeals

Questions (100)

Michael Ring

Question:

100. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a Department file in respect of a person (details supplied) in County Galway will be sent to the Agriculture Appeals Office, in order that a decision can be made, in relation to an appeal that was lodged on 16 October 2014 by this person; and if he will make a statement on the matter. [8355/15]

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Written answers

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from the 1st 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. The application was selected for a ground inspection which took place on the 19th August 2014. Following this inspection an issue arose in respect of the declaration of Natura areas on the AEOS 1 application form. The file is currently being reviewed by officials in my Department and it will be made available to the Agriculture Appeals Office shortly.

Agri-Environment Options Scheme Payments

Questions (101)

Éamon Ó Cuív

Question:

101. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when 2014 payment will issue under the agri-environment options scheme 1 in respect of a person (details supplied) in County Galway; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [8380/15]

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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 and payment has 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, must be completed before any payment can issue. The application was selected for a ground inspection which took place on the 9th September 2014. During this inspection issues arose in respect of land declared which required digitisation. This is being dealt with by my Department at present and once the digitisation is completed, the inspection process will be finalised. Once finalised, the application will be processed with a view to making payment in respect of 2014 at the earliest opportunity.

Forestry Premium Payments

Questions (102)

Dara Calleary

Question:

102. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if he will provide an update on a forestry appeal (details supplied). [8383/15]

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Written answers

The appeal by the person named is currently under review. Every effort will be made to expedite the review and to notify the appellant of the outcome.

Departmental Agencies

Questions (103)

Martin Ferris

Question:

103. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if his Department ordered the censorship of seal depredation research by Bord Iascaigh Mhara in 1997/1998; if correspondence from a person (details supplied) on this matter, since last year, has been discussed between any of his officials and Bord Iascaigh Mhara; and if he will make a statement on the matter. [8427/15]

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Written answers

Given the passage of time since this 1997 report was prepared by Bord Iascaigh Mhara, and that BIM was then under the aegis of the Department of the Department of Communications, Marine and Natural Resources, I have no departmental records available to me concerning any discussions that may have taken place about it at that time. On 31 January 2014, my office received a letter of complaint about BIM concerning this 1997 report. In order to understand the nature of the complaint, my officials discussed the correspondence with BIM.

I subsequently advised the complainant on 12 May 2014 that I considered it appropriate that his concerns be processed, in the first instance, with BIM through its Customer Charter. This is the appropriate first course of action in investigating this complaint. It is of course open to the complainant to seek to have the matter reviewed by officials who had no involvement in the matters which are the subject of the complaint. Following this, if the complainant so wishes, he would have the option to refer the matter to the Office of the Ombudsman.

TAMS Eligibility

Questions (104)

Michael Healy-Rae

Question:

104. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding the targeted agricultural modernisation scheme; and if he will make a statement on the matter. [8430/15]

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Written answers

I understand the Deputy is referring to the Sheep Fencing/Handling Scheme under TAMS, which is now closed for applications.

Grant aid is calculated on the lowest of the following amounts per investment item:

1. The Department’s Reference Costs applicable at the date of approval;

2. The applicant’s receipted costs; and

3. The cost of the project proposed by the applicant as indicated on their application form.

The Department’s reference cost of €8.01 per metre for Mountain Sheep mesh, with 1 strand of barbed wire, was in the public domain with the applicant determining their proposed cost at time of application. There are no plans to change the reference costs.

TAMS Eligibility

Questions (105)

Michael Healy-Rae

Question:

105. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine regarding the targeted agricultural modernisation scheme, and specifically with regard to the wiring grant, if his Department changed the specifications requiring high tensile fox wire, instead of Tinsley ordinary sheep wire, which is proving to be a lot more expensive; and if he will make a statement on the matter. [8431/15]

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Written answers

There has been no change in relation to the specification for sheep wire under the TAMS Sheep Fencing/Handling Scheme. The specification was originally drawn up in 2007 for the Farm Improvement Scheme (FIS) and high tensile sheep wire has been specified from that time. While there have been some changes to the specification, the grade of wire has not been changed. Additionally, my Department’s reference costs are based on high tensile sheep wire.

TAMS Eligibility

Questions (106)

Michael Healy-Rae

Question:

106. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding wiring grants; and if he will make a statement on the matter. [8440/15]

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Written answers

The need for a declaration of exemption or planning permission is required under the TAMS Sheep Fencing/Handling Scheme as there are cases where the fencing of mountain and other areas are not considered exempted development under the Planning and Development Act. As my Department does not have all of the information necessary to determine if planning permission is required, it was decided that all applicants planning to erect fencing in mountainous areas, Special Areas of Conservation, National Heritage Areas, Special Protection Areas and Natura 2000 habitats must obtain either a declaration of exemption or full planning permission from their local planning authority. Where planning permission is required, farmers must apply for such planning permission whether or not they are seeking grant-aid for the fencing of the land.

Defence Forces Strength

Questions (107)

Seán Ó Fearghaíl

Question:

107. Deputy Seán Ó Fearghaíl asked the Minister for Defence the way the numerical strength of Ireland’s Permanent Defence Force compares, on a per capita basis, with other neutral European Union member states. [8391/15]

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Written answers

The 2011 census figures show a population of 4,588,252. As of the 31st of January, 2015 the whole-time equivalent strength of the Permanent Defence Force stood at 9,244. This gives a per capita figure of 1 member of the Permanent Defence Force for every 496 individuals in State.

My Department does not compile or maintain data in relation to the detailed composition of other armed forces and, as such, it is not possible to provide the information requested by the Deputy.

While there is information available in the public domain and from the European Defence Agency on force strengths etc, the structures and arrangements in other countries can vary significantly from those that pertain within this State. For example, some States such as Austria operate a policy of conscription while others such as Sweden have contract soldiers. It is not clear from the available public data as to what the relevant comparator figures would be having regard to the varying structures applying in the other neutral European Union Member States and the fact that the Permanent Defence Force is a full-time professional armed force.

Charities Regulation

Questions (108)

Charlie McConalogue

Question:

108. Deputy Charlie McConalogue asked the Minister for Justice and Equality further to Parliamentary Question No. 115 of 6 November 2014, if she will extend the length of time, for schools applying to register with the charities regulator, beyond 15 April 2015; and her views that schools, and other education bodies, should, or should not be, obliged to register. [8357/15]

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Written answers

The Charities Regulatory Authority is not currently accepting applications for charitable registration from education bodies within the meaning of the Charities Act 2009 and this has been signalled on the Authority's website, www.charitiesregulatoryauthority.ie.

I am advised that the Authority will be meeting with the Department of Education in the near future to discuss future arrangements for schools and other education bodies in the context of the statutory establishment of the Charities Regulatory Authority last October. The website of the Authority will be continually updated to reflect any developments regarding these and related matters.

Prisoner Transfers

Questions (109)

Terence Flanagan

Question:

109. Deputy Terence Flanagan asked the Minister for Justice and Equality the reason there was no armed escort with a person (details supplied); and if she will make a statement on the matter. [8371/15]

View answer

Written answers

As the Deputy will be aware, I have requested the Director General of the Irish Prison Service to provide me with a full report on all of the circumstances surrounding the escape of the prisoner (details supplied) during a hospital appointment at Tallaght Hospital on 17th February 2015. I will carefully consider this report when I receive it, including any recommendations it may make in relation to prisoner security.

Prison Committals

Questions (110)

Fergus O'Dowd

Question:

110. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the procedures which a prisoner must undergo on arrival at prison, and before being allocated a cell; and if she will make a statement on the matter. [8412/15]

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Written answers

I can advise the Deputy that there is a standard operational procedure in place to ensure that upon committal, all offenders are assessed and accommodated appropriately according to their needs and specific security status. Dedicated committals units have been established in all committal prisons for this purpose.

I can further advise the Deputy that once a prisoner is committed to prison, the warrant is executed and the prisoner is then brought to the reception area. In the reception area the prisoner is searched in line with agreed procedures and their property is retained and logged. They are then brought to the committals unit.

During the committal period, each prisoner is given an information booklet outlining his/her rights, duties, obligations and privileges. Each prisoner is assessed during the committal and induction period to determine whether he or she poses a safety risk to themselves, other prisoners or staff. In addition every prisoner undergoes a healthcare assessment in the committal unit.

The prison Governor or a delegated member of prison staff also meets with the prisoner during the committal period in order to ensure that he or she has been made aware of and understands his or her rights, duties, obligations and privileges.

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