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Tuesday, 24 Mar 2015

Written Answers Nos. 730-745

Hospital Appointments Status

Questions (730, 731)

Pearse Doherty

Question:

730. Deputy Pearse Doherty asked the Minister for Health if he will provide details as to why a person (details supplied) in County Donegal was refused to be seen in Sligo General Hospital, despite having been referred by a general practitioner on 13 March 2015; and if he will make a statement on the matter. [12178/15]

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Pearse Doherty

Question:

731. Deputy Pearse Doherty asked the Minister for Health if he will provide details as to when a person (details supplied) in County Donegal may expect to receive an appointment in Sligo General Hospital; and if he will make a statement on the matter. [12179/15]

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Written answers

I propose to take Questions Nos. 730 and 731 together.

In relation to the queries raised by the Deputy, as these are service matters, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.

Military Neutrality

Questions (732)

Clare Daly

Question:

732. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if he is satisfied that our legislative position regarding neutrality is sufficiently robust and compliant with international laws governing neutrality; and if he will make a statement on the matter. [11652/15]

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Written answers

Ireland's traditional policy of military neutrality, which has been pursued by successive Governments, is characterised by non-participation in military alliances. The Government's continued commitment to this policy was most recently re-confirmed in its recently published Foreign Policy Review “The Global Island” which clearly stated that “Our policy of military neutrality remains a core element of Irish foreign policy”.

The policy of military neutrality is not set out in legislation. However, the deployment of Irish military personnel outside the State is governed by legislation, namely the Defence Acts of 1960 and 2006. The legislation provides for a 'Triple Lock' under which operations must be mandated by the United Nations, participation in operations must be approved by the Government and with certain limited exceptions must be approved by way of a resolutions of Dáil Éireann.

Legal safeguards are also in place to ensure that Ireland's neutrality is not affected by our EU membership. Ireland's participation in a European common defence is prohibited by Article 29.4.9 of the Constitution. Any change in that position could take place only with the approval of the people in a referendum to amend the Constitution. Moreover, the Protocol on the concerns of the Irish people on the Treaty of Lisbon, which is annexed to the Treaty on European Union, states quite clearly that the Treaty “does not affect or prejudice Ireland's traditional policy of military neutrality.”

I am satisfied that the Government's continuing commitment and the legal provisions which I have outlined provide a strong framework for our policy of military neutrality.

Passport Applications Data

Questions (733)

Thomas P. Broughan

Question:

733. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade if he will provide, in tabular form, the number of Irish passport holders in each of the years 2012 to 2014 and in 2015 to date. [11172/15]

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Written answers

The number of Irish Passport Holders in the Years 2012 to 2015 (Year to date runs to 15th March 2015), is as follows:

HOLDERS PER YEAR 2012 to 2015 (Year to Date 15/03/2015)

Year

Irish Passport Holders

2012

3,778,620

2013

4,319,563

2014

4,840,837

2015 (Up to 15.03.15)

4,847,345

Overseas Development Aid

Questions (734)

Billy Kelleher

Question:

734. Deputy Billy Kelleher asked the Minister for Foreign Affairs and Trade if there is funding available to bring underprivileged children and adults to Ireland for respite on humanitarian grounds (details supplied); and if he will make a statement on the matter. [11206/15]

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Written answers

The Department of Foreign Affairs and Trade manages Ireland's significant programme of assistance for Palestine refugees, in the Occupied Territories and in refugee camps across the region. Ireland is providing over €10 million in support annually for the Palestinian people. This support addresses immediate humanitarian needs, as well as longer term development priorities and the promotion of human rights. While the most effective support is generally provided to established partners working in the region rather than to individual projects elsewhere, the Department will examine any new proposal for funding for Palestine refugees.

A key element of our programme includes support for the work of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), which provides services and assistance to some 5 million registered Palestine refugees including over 449,000 in Lebanon.

Ireland provides €4 million annually to UNRWA's General Fund to support the delivery of core services, especially in education and health. In light of the particular challenges faced by Palestine refugees in Lebanon, €1 million of Ireland's annual contribution is earmarked for UNRWA's work there. A total of €10.5 million has been provided to UNRWA for their work in Lebanon since 2007, which includes programmes in the Shatila refugee camp.

Passport Applications

Questions (735)

Patrick O'Donovan

Question:

735. Deputy Patrick O'Donovan asked the Minister for Foreign Affairs and Trade if the child of a couple who was born here in 2010, the couple having arrived from Romania in November 2007, is entitled to an Irish passport; and if he will make a statement on the matter. [11215/15]

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Written answers

The Passports Act 2008 provides, among other things, that only Irish citizens are entitled to be issued with Irish passports. Each application received by the Passport Service must, therefore, contain relevant evidence that demonstrates that person's entitlement to Irish citizenship before a passport can issue to him/her.

The child in question was born in the State in 2010. His entitlement to Irish citizenship is, therefore, subject to the terms of section 6A of the Irish Nationality and Citizenship Act 1956, as amended (the 1956 Act). This provides that a person, born in the State on or after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction at the time of that person's birth, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years preceding that person's birth.

Moreover, the 1956 Act makes particular provision for nationals of EU Member States, who may make a declaration concerning their residence in the island of Ireland within the four years preceding their children's birth. In such cases, the EU national is regarded as having resided in the island of Ireland for the declared periods for the purposes of the 1956 Act, unless the contrary is proved. These declarations must be supported in passport applications by documentary evidence that must verify the actual and continuous residence of the parents in question.

If the child's parents wish to proceed with a passport application for their child, the following documentation is required:

(1) a completed and witnessed application form;

(2) four photographs of the child, two of which must be witnessed;

(3) the child's long form birth certificate;

(4) a completed declaration by one of the parents. This can be done on Form A which can be downloaded from the Department's website www.passport.ie;

(5) the passport or national ID card of the parent who is making the declaration on Form A; and

(6) documentary evidence in respect of the declaring parent's residence in the State that relates to the four year period prior to the child's date of birth. The types of evidence, that is acceptable to the Department, are tax documents, bank statements, social welfare benefit payments, work permits, rent leases etc. Photocopies of these documents are not acceptable.

Middle East Issues

Questions (736, 737, 738)

John Paul Phelan

Question:

736. Deputy John Paul Phelan asked the Minister for Foreign Affairs and Trade if he is satisfied that adequate frameworks have been put in place by the authorities in Gaza to administer the funding promised by international donors at the Gaza Reconstruction Conference, which took place in Cairo in Egypt in October 2014; and if he will make a statement on the matter. [11275/15]

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John Paul Phelan

Question:

737. Deputy John Paul Phelan asked the Minister for Foreign Affairs and Trade his assessment of the security situation inside Gaza, following his visit, and in particular his views following reports on British Broadcasting Corporation News (details attached) on 26 February 2015 which interviewed members of Palestinian Islamic Jihad who claimed another war with Israel was planned; and if he will make a statement on the matter. [11276/15]

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John Paul Phelan

Question:

738. Deputy John Paul Phelan asked the Minister for Foreign Affairs and Trade the mechanisms in place to ensure that building materials entering Gaza are not used to construct tunnels; and if he will make a statement on the matter. [11277/15]

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Written answers

I propose to take Questions Nos. 736 to 738, inclusive, together.

In my address to the major international conference on Gaza reconstruction held in Cairo on 12 October 2014, I said:

“The process begun in the 26 August ceasefire must continue, and both sides must work with the Egyptian mediators to address the underlying issues and find a new path in Gaza. This must mean an end to attacks from Gaza on Israel, but also an end to the unjust blockade which has endured now for seven years. This should begin with a real opening of supplies of materials needed for reconstruction, including of essential infrastructure such as water, sewage and power. Every effort must be made to ensure that humanitarian goods and personnel are guaranteed safe and unimpeded access to Gaza. But it must then continue to the end of senseless restrictions on ordinary economic and human life. The only way to reduce support for militarism among people in Gaza is to allow them to work and export their produce, to find jobs, to feel part of the wider Palestinian people and the wider world.”

During my recent visit to Gaza I saw the huge scale of the humanitarian needs there. I saw that some reconstruction has begun, but that much more is needed.

It was also clear, unfortunately, that there had been no real progress on addressing the wider issues which had underlain the previous conflict. Like many others, I have warned that without such progress, Gaza and Israel will remain trapped in a cycle of uneasy truces punctuated by recurring, increasingly violent but ultimately inconclusive conflicts. Sadly, the BBC report referred to by the Deputy confirmed that warning, reporting the views of figures on both sides who saw renewed conflict as inevitable and were planning for such an eventuality.

It is difficult for us to assess security in Gaza. I did not of course meet there with any officials from Hamas or other militant groups. The general view is that the ability of Hamas to control the actions of smaller and more militant groups such as Islamic Jihad may be weakening, and that this may affect the stability both of the current truce with Israel and the situation inside Gaza itself.

The supply of construction materials into Gaza is controlled by the Israeli security forces, under agreements between Israel and relevant agencies such as UNRWA and the Red Cross. This has allowed some repair and reconstruction to begin, but the quantities allowed need to be significantly increased. I have discussed this issue with representatives of the UN and the International Committee of the Red Cross, and others. There are divergent views about the degree to which materials are being diverted for the building of tunnels. While it is not possible to police the end use of every bag of cement, there has been no evidence put forward of any significant diversion of these materials.

The construction of tunnels and military works by groups in Gaza is indeed a problem. It impacts upon Israeli communities living near Gaza; I met such a community when I visited. However, it is worth noting that tunnel construction has taken place at all periods, even when no construction materials were being officially allowed into Gaza at all, and indeed even when the Strip remained under direct Israeli military control. These activities therefore cannot justify denying the entire population of 1.8 million people, many of whose homes have been destroyed, access to basic construction materials.

Finally, the nature of pledges made at the Cairo conference, including through what agency such funds would be channelled, varied widely among donors. Ireland's contribution is being directed essentially through UNRWA and other UN agencies, and is spent directly by them. There was no role for the former de facto (Hamas) authorities in Gaza. These have now in theory been dissolved, and control returned to the Palestinian government, but in practice there is a vacuum of real authority in Gaza, which is a matter of real concern.

Many other donors have made similar arrangements. I hope that all pledges made in Cairo will be made available in due course.

Foreign Conflicts

Questions (739)

John Paul Phelan

Question:

739. Deputy John Paul Phelan asked the Minister for Foreign Affairs and Trade the impact the conflict in Syria and Iraq is having on the security situation in Lebanon, in particular with reference to the fact that Irish troops are participating in peacekeeping operations in southern Lebanon and in the Golan Heights region; and if he will make a statement on the matter. [11278/15]

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Written answers

At the request of the United Nations, and following Government and Dáil Éireann approval, contingents of the Permanent Defence Forces have been deployed to the United Nations Interim Force in Lebanon (UNIFIL) since 2011 and to the United Nations Disengagement Observer Force (UNDOF), on the Golan Heights since 2013. The longstanding presence of these UN peacekeeping missions has played an important role in bringing stability to this region. Over 330 Irish peacekeepers are currently serving at these UN missions.

During my visit to the region last month I was pleased to have the opportunity to meet some of the Irish personnel serving at the UNIFIL mission and to see firsthand the contribution they are making to the mission.

I also received a briefing from the UNIFIL Force Commander, Major General Luciano Portolano, both on the role of the mission and on the impact of the conflict in Syria.

Among the issues facing the country as a result of the conflict are the influx of refugees into Lebanon and the increasing demands on the Lebanese Armed Forces. On Thursday 19th March, the President of the UN Security Council issued a statement expressing, among other things, “deep concern at the increasing and negative impact of the Syrian crisis on Lebanon's stability and the immediate threat to its security”.

As is the case with all of our overseas deployments, issues relating to the safety and security of the Defence Force personnel are kept under continuous review by the Minister for Defence.

Support for Lebanon's sovereignty and security are key Irish policies in Lebanon, and our long-standing support for the UNIFIL mission is a vital component of this policy.

Military Aircraft Landings

Questions (740, 743, 748, 749, 750)

Clare Daly

Question:

740. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade in view of the fact that the primary role of the aircraft which made an emergency landing at Shannon in County Clare on 28 February 2015 is electronic warfare, suppression of enemy air defences and offensive counter information, if An Garda Síochána investigated and searched the aircraft on its arrival at Shannon; and if not, the reason. [11334/15]

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Clare Daly

Question:

743. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 448 of 10 March 2015, if he will clarify his statement that, on landing, the aircraft declared an emergency due to failure of one of its engine’s, in view of the fact that there were several fire service trucks waiting for it and the emergency had to have been declared well in advance of landing. [11710/15]

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Clare Daly

Question:

748. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 448 of 10 March 2015, in view of the fact that the United States of America air force itself describes the EC-130H as an airborne tactical weapon system using a heavily modified version of the C-130 Hercules airframe and that its primary function is electronic warfare, suppression of enemy air defenses and offensive counter information, the reason he can accept assurances that it was unarmed and did not form part of military exercises or operations when it landed in Shannon on 28 February 2015, without prior permission. [11994/15]

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Clare Daly

Question:

749. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade the actions he has taken in view of the fact that incorrect information was provided by the Embassy of the United States of America in relation to the EC-130H that landed in Shannon airport on 28 February 2015. [11995/15]

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Clare Daly

Question:

750. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 448 of 10 March 2015, if his attention has been drawn to other occasions on which incorrect information has been provided by the Embassy of the United States of America in relation to military aircraft from the United States of America landing at Shannon. [11996/15]

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Written answers

I propose to take Questions Nos. 740, 743 and 748 to 750, inclusive, together.

In my reply to Question No. 448 of 10 March 2015 I provided details regarding the landing of a US military aircraft at Shannon Airport on 28 February.

I confirmed that assurances had been provided that the aircraft complied with the strict conditions applying to foreign military aircraft granted permission to overfly or land at Irish airports, including the condition that the aircraft was unarmed. These assurances were provided in relation to the initial request for permission to land and were subsequently re-confirmed by the United States Embassy in relation to the landing on 28 February. Issues relating to the landing have been raised with the Embassy by officials in my Department.

My Department was informed that this aircraft had declared an emergency on landing; the procedures which are put in place at Shannon Airport in response to such notifications are a matter for the aviation authorities which are under the remit of the Minister for Transport, Tourism and Sport. My Department has not received any information from An Garda Síochána in relation to the aircraft; questions relating to Garda matters should be directed to the Minister for Justice and Equality.

Passport Applications

Questions (741)

Terence Flanagan

Question:

741. Deputy Terence Flanagan asked the Minister for Foreign Affairs and Trade the reason passport renewal applications are not accepted by post (details supplied); and if he will make a statement on the matter. [11472/15]

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Written answers

Since 30 June 2013 all postal applications must be submitted through the passport express service operated on behalf of the Passport Service by An Post and by the Post Office in Northern Ireland. For citizens resident on the island of Ireland, passport express is the cheapest and most efficient means of processing a passport application. This service involves a pre-checking facility designed to reduce the possibility for errors in the application.

Over 90% of applications submitted through ordinary or registered post in 2012 and 2013 were either inaccurate or incomplete on arrival, with 35% lacking the correct documentation and the vast majority lacking the correct fee. As a consequence, these applications took more than twice as many hours to process as passport express applications, thereby draining resources from the processing of valid applications submitted through the passport express system or through the appointment system in our Dublin and Cork offices.

This measure was announced in this House in May of 2013 as part of a programme by the Passport Service to improve the quality of service to the public. Information on this was advertised in the national press, carried on many radio stations, and highlighted on the Passport Service website and through social media channels.

Passport Applications

Questions (742)

Paul Murphy

Question:

742. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade his Department's policy and procedures in dealing with passport applications of adults with reduced decision making capacity. [11683/15]

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Written answers

When it is brought to the attention of the Passport Service that an adult does not have the decision making capacity to apply for a passport then the provisions of section 6(4) of the Passports Act 2008 are applied i.e. an application may be made on his/her behalf by an individual who is duly authorised to act on his/her behalf. Where these circumstances occur, the Passport Service requires evidence from an individual(s) that they are duly authorised to act on behalf of the applicant and where this evidence is provided, generally in the form of a court order, a passport issues.

Question No. 743 answered with Question No. 740.

Freedom of Information Requests

Questions (744)

Billy Kelleher

Question:

744. Deputy Billy Kelleher asked the Minister for Foreign Affairs and Trade the number of occasions since the start of 2014 in which the Secretary General of his Department has been involved in the clearing or approval of material for release under freedom of information legislation. [11800/15]

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Written answers

For the purposes of the 2014 Freedom of Information Act, I am responsible for all decisions made under the Act by my Department. Access to records requested is either granted or exempted under specific provisions of the Act. Section 20(1) of the Act provides for the delegation of functions to members of staff in my Department, including whether to grant or refuse to grant the request or to grant it in part and/or to review a decision made. I am not aware of any instance since 2014 in which the Secretary General of my Department has been the deciding or the reviewing officer in any Freedom of Information requests processed by my Department.

Undocumented Irish in the USA

Questions (745)

Denis Naughten

Question:

745. Deputy Denis Naughten asked the Minister for Foreign Affairs and Trade when he requested a formal waiver scheme for the undocumented Irish in the United States of America (details supplied); and if he will make a statement on the matter. [11931/15]

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Written answers

Achieving relief for undocumented Irish migrants in the US is a priority for the Government in our contacts with the United States. Through our Embassy in Washington and our Consulates throughout the U.S., we continue to work closely with high level Government contacts and with many other individuals and groups across Irish America and beyond. All of this work is aimed at achieving relief for undocumented Irish migrants in the United States and improved channels for legal migration between Ireland and America.

Throughout his recent visit to the US and in a series of high level contacts with the US Administration, with Congress and at State level, the Taoiseach raised the issue of immigration reform and the plight of the undocumented Irish, stressing that almost every family in Ireland is related to or knows somebody who is caught up in this deeply distressing situation.

During his meeting with President Obama on 17 March the Taoiseach commended him on his executive action announced late last year. The Deputy would be aware that this action is currently the subject of legal proceedings in the US federal courts. The Taoiseach emphasised the need to allow the undocumented to come out of the shadows and be free to travel home for family events. He also highlighted the issue of those among the Irish undocumented who might be eligible for visas, but who would be required to return to Ireland for their issuance and hence would require waivers for their prior period of undocumented residence.

The Taoiseach also pointed to the need for a legal pathway to allow for future Irish immigration to the US for those who wish to make a contribution there, expressing the hope that a political way forward could be found on this issue which would encourage progress on a comprehensive legislative package by Congress. President Obama spoke of his executive actions on immigration reform and acknowledged the contribution of Irish immigrants to America's development. He considered that one of the great strengths of the United States had always been its willingness to welcome new immigrants to its shores.

The Government has had many contacts in recent years with the US to promote immigration reform and to press for any viable opportunities which would be of potential value to the Irish undocumented. As part of this ongoing process, and on my instructions, a letter was sent from my Department to the US Embassy in Dublin on 24 February in regard to immigration reform and particularly raising the issue of visa waivers. The US Embassy has acknowledged receipt of the letter and has indicated that it hopes to respond in due course.

The Government as a whole, including my Department in Dublin and our Embassy in Washington, will continue to follow up on all of the issues raised in recent contacts with the US Administration, with Congress and with the US Embassy in Ireland.

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