Written Answers Nos. 31 - 50
31. Deputy Ruth Coppinger asked the Minister for Transport, Tourism and Sport his views on the proposed sale of the Government's stake in Aer Lingus; and if he will report on the advice received from the review group on a possible sale. [16501/15]
View answerI have given an update on the situation in relation to the Aer Lingus shareholding in my response to Priority PQ 4. I expect that the Steering Group will report back to me shortly and the matter will be considered by Government, once I have received the final report.
32. Deputy Mick Wallace asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 115 of 10 March 2015, the progress made in the reconfiguration of bus services in the south east in order to maintain essential services to the areas affected by the withdrawal of route 5; and if he will make a statement on the matter. [16525/15]
View answerThe issue raised is a matter for the National Transport Authority (NTA) and I have forwarded the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a response within ten working days.
33. Deputy Richard Boyd Barrett asked the Minister for Transport, Tourism and Sport if he will confirm that the due diligence that is currently being carried out on the assets of Dún Laoghaire Harbour in County Dublin is being carried out under the auspices of his Department; if it takes into account the proposed expenditure of €18 million on a new cruise berth; and if he will make a statement on the matter. [16514/15]
View answerOne of the National Ports Policy's key recommendations is that governance of the designated Ports of Regional Significance should vest in more appropriate local authority led governance structures.
My Department has committed to funding due diligence in respect of each of the five Ports of Regional Significance due to eventually transfer to a local authority - Drogheda, Dún Laoghaire, Galway, New Ross and Wicklow. The level of funding provided by my Department is capped and any spending above that cap will have to be met by the local authority in question.
These due diligence exercises have been, or will be, procured and led by the relevant local authority in each case. The process is a short focussed review of the position of the company in question and it is open to the local authority to examine a number of aspects, for example, commercial, legal, financial and operational issues. Obviously consideration of any current and planned expenditures of the company should form part of financial due diligence.
The current status of each due diligence exercises varies with some well underway while others have yet to be procured.
34. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport if he will provide an update regarding the steps being taken to reduce the backlog for those drivers waiting to obtain a national car test; and if he will make a statement on the matter. [16495/15]
View answerThe Road Safety Authority (RSA) has overall responsibility for the operation of the National Car Test.
As I pointed out in my previous recent reply to Question Nos. 848 and 885 of 15 April last, the RSA inform me that the National Car Testing Service (NCTS) is in a good position to deal with current demand. Vehicle Inspectors now number 580, the highest ever in the history of the NCT. Testing facilities have been extended at Mullingar, Blarney, Portlaoise and Naas. In addition, longer opening hours, in the form of a third shift, are in place at Galway, Killarney, Enniscorthy and Ballina providing testing from 7am to 11.30pm. The majority of test centres have late openings on three days per week until 10 pm and 12 centres have extended opening on four days per week. Since last month, 24 hour testing is available at one test centre in Dublin and Cork.
I also understand from the RSA that any car owner should receive an NCT appointment within 28 days and that in order to meet this standard, in some cases, the NCTS holds requests on a waiting list until a suitable slot is found. In the majority of cases, customers are given a slot within the required timescale.
Furthermore, to ensure that owners have ample time to have their vehicle tested before their certificate expires, an NCT may be undertaken up to 90 days in advance of test due date without affecting the expiry date.
35. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport his plans to deal with overcrowding on the Dublin area rapid transit, DART, during peak times; if Irish Rail has sought more funding to provide more trains and carriages during peak times; and if he will make a statement on the matter. [16496/15]
View answerThe issue raised is a matter for Iarnród Éireann and I have forwarded the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a response within ten working days.
36. Deputy Thomas Pringle asked the Minister for Transport, Tourism and Sport his plans to develop the country's cruise tourism potential in the west and in County Donegal, in view of the recent INTERREG funding of €1.26 million for the Cool Route project; if plans exist to increase training and research potential in the north west to facilitate growth in the cruise tourism sector; and if he will make a statement on the matter. [16522/15]
View answerThe promotion and development of marine tourism including yacht cruising is primarily a matter for the board and management of Fáilte Ireland as well as individual ports and harbours themselves.
I have asked Failte Ireland to set out in detail for the Deputy the steps they are taking to support marine tourism including yacht cruising on the West and North-West coast.
Please contact my private office if you do not receive a reply within ten working days.
Training and research are matters for my colleague, the Minister for Education and Skills, in the first instance.
37. Deputy Bernard J. Durkan asked the Minister for Transport, Tourism and Sport the extent to which discussions in regard to the future of Aer Lingus have been concluded; if he expects the ultimate decision on the matter to be made in the near future; and if he will make a statement on the matter. [16488/15]
View answerI have given an update on the situaiton in relation to the Aer Lingus shareholding in my response to Priority PQ 4. I expect that the Steering Group will report back to me shortly and the matter will be considered by Government, once I have received the final report.
38. Deputy John Halligan asked the Minister for Transport, Tourism and Sport further to previous parliamentary questions and in view of the recent increase in road fatalities, if further consideration has been given to the proposal made by the Brendan’s Law Campaign to introduce mandatory penalties for drink drivers in fatal accidents and to automatically suspend the licence of a driver involved in a fatal accident who subsequently fails a breathalyser test; if he will acknowledge that several other countries in the European Union already follow these stipulations; and if he will make a statement on the matter. [16520/15]
View answerThe key to reducing injuries and fatalities on our roads is to continue to change driver behaviour. To date this year (24 April), there have been 50 fatalities recorded on our roads. While the number of fatalities is down by 7 on this date last year, each life lost on our roads is a tragedy and a lot of work remains to be done to further reduce the number of fatalities on our roads and we can all play our part in achieving this aim.
There have been a number of important changes to the law in relation to drink driving offences in our road traffic legislation over the past number of years. The introduction of Mandatory Alcohol Testing (MAT) has been a very effective intervention to improve road safety. We have also introduced a reduction in the Blood Alcohol Content (BAC) level for drivers and all drivers involved in road traffic collisions where a serious injury has occurred are now obliged to provide a preliminary breath specimen.
The Deputy may recall that all convictions for drink driving offences in the District Court carry a mandatory disqualification for a minimum of 6 months. More serious offences give rise to higher minimum penalties. It is a matter for the Courts to make a disqualification order preventing a person from validly holding a drivers licence for a period of time. The proposal to automatically suspend the licence of a driver involved in a fatal accident who subsequently fails a breathalyser test in advance of a conviction in Court cannot be considered given the rights of citizens to a fair hearing in accordance with the principles of natural justice.
I have no plans to amend the current system at this time. However, due to the nature of road traffic legislation and the constantly shifting circumstances, road traffic legislation is always a work in progress. The Road Traffic Bill 2015 is currently being drafted and the focus will be on strengthening the law in relation to driving under the influence of drugs. New legislative provisions will allow for An Garda Siochána to test drivers for drugs at the roadside thereby mirroring the established procedures for mandatory roadside testing for alcohol. This is in addition to the introduction of roadside impairment tests which were introduced late last year which provide An Garda Siochána with an important tool in enforcing the law against drug driving.
39. Deputy Michael Ring asked the Tánaiste and Minister for Social Protection when a carer's allowance application will be dealt with in view of the conflicting information provided by Department officials each time the applicant makes contact with the carer's allowance section; and if she will make a statement on the matter. [16874/15]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 22nd December 2014. Some additional information in relation to the person’s employment outside the home was required and was requested by the deciding officer.
The application has been disallowed on two grounds, firstly that the care recipient is not so disabled as to require full-time care and attention for more than 12 months as prescribed in regulations and, secondly, that the applicant is working outside the home for more than 15 hours a week. The person in question was notified on 24 April 2015 of this decision, the reasons for it and of her right of review and appeal.
40. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Social Protection if there is a public recruitment process for the position of social welfare appeals officer; and if she will make a statement on the matter. [16880/15]
View answerThe Department of Social Protection, like all Government departments and agencies, is required to operate with an Employment Control Framework (ECF) figure and a commensurate administrative staffing budget, which is determined by the Department of Public Expenditure and Reform.
In this context, the Department is obliged to fill all critical posts in the first instance, by either redeployment, transfer or lateral mobility. The vacancies which arise in the Appeals Office have been filled in this manner and no public recruitment process has been carried out to date.
42. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Social Protection if she received the petition of the deferred Irish aviation superannuation scheme pensioners highlighting the effects that this is having on relevant persons' lives; and if she will make a statement on the matter. [16901/15]
View answerI am very aware of the issues arising and very negative consequences caused by the problems in the IASS scheme for all its members. However, you will appreciate that the funding difficulties in this scheme are primarily a matter for the Trustees, the companies participating in the scheme, the scheme members and the Pensions Authority.
The Pensions Act provides a framework for the regulation and supervision of occupational pension schemes. A number of changes have been made to the Pensions Act in recent years to assist employers and trustees respond to the funding difficulties encountered by many pension schemes. As you are aware the Pensions Act was amended in 2009 and again in 2013 to broaden the options available to trustees of pension scheme in the context of a restructure of scheme benefits. These changes provided for the sharing of the risk of underfunding in a scheme across all scheme members. The manner in which these options are exercised is a matter for the trustees of a scheme who are required under trust law to act in the best interest of scheme members and beneficiaries.
I met with the Minister for Transport, Tourism and Sport following the meeting with the deferred IASS Committee to discuss the matters raised by the Committee and specifically the proposals that more funding be made available for the longer serving deferred members. I understand that the Minister engaged further with the employers on the matter.
43. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Social Protection when a decision will be made on whether a person (details supplied) in County Monaghan will be made to retire or if other arrangements will be made; if her Department recognises that it has responsibility for this issue; if representations have been received on this issue; and if she will make a statement on the matter. [16906/15]
View answerThe Social Welfare and Pensions Act, 2011 provides that State pension age will be increased gradually to 68 years. This began in January 2014 with the standardising of State pension age for all at 66 years and the cessation of State pension transition. The State pension age will increase to 67 years in 2021 and to 68 years in 2028.
The State pension (transition) was introduced in 1970 when it was known as the retirement pension. It was designed to bridge the gap between the standard social welfare pension age, which at that time was 70 years of age, and retirement age. Over time, the age for State pension (contributory) was reduced to 66 years.
While it is hoped that, where appropriate, workers will choose and be able to work to pension age and beyond if that is there choice, it is recognised that for some this is not viable and there are measure to support them in such circumstances. All short term social welfare schemes are payable to age 66.
Specifically, in relation to jobseekers benefit and jobseekers allowance, there are a number of transitioning provisions applying in the case of people who are aged between 65 and 66. These include the following –
- Jobseekers whose benefit expires in their 65th year will continue to be paid benefit up until the age of 66.
- Where the claim of jobseekers benefit recipients claims spans two benefit years, a new Governing Contribution Year requirement is not applied in the case of the jobseeker’s entitlement relating to the second benefit year of a claimant aged 65 (effectively this means that they may receive payment in both years based upon eligibility in the first year).
- A further provision states that 3 waiting days do not have to be served for jobseeker’s allowance purposes in the case of certain people aged between 65 and 66 years who have been in receipt of JB within the past year.
With reference to the matter of retirement age, there is no legally mandated retirement age in the State, and the age at which employees retire is a matter for the contract of employment between them and their employers, whether they are in the public or private sector. The Deputy may wish to note that Departments of Public Expenditure & Reform and Environment, Community & Local Government are responsible for the terms and conditions of employment and pensions of civil and public servants, including the age at which they may be required to retire. I am informed by the Department of Public Expenditure and Reform that the specific compulsory retirement age and minimum pension age provisions which affect individual public servants will reflect their particular employment sector and time of original recruitment. Where public servants are required to retire at age 65, they will generally qualify for a public service pension, which they can draw from that date.
Representations from Mr Matt Carthy MEP were forwarded to the Minister for Environment, Community and Local Government for attention and direct reply.
44. Deputy Pat Breen asked the Tánaiste and Minister for Social Protection when a decision on arrears of disability allowance will issue in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [16914/15]
View answerAn application for carer's allowance by the person in question was disallowed. The person in question was notified on the 14th of November 2015 of this decision, the reasons for it and of his/her right of review and appeal. The person concerned requested a review of this decision and following that review the application was awarded on 24th February 2015. The claim was awarded from 12th February 2015 as it was decided that the full time care conditions were satisfied from that date only. The person in question has requested further backdating and this request is currently being reviewed. Once this review is completed the person concerned will be notified directly of the outcome.
45. Deputy Martin Heydon asked the Tánaiste and Minister for Social Protection the financial supports that are available in respect of a person (details supplied) in County Kildare who hopes to complete a course in animation game design; and if she will make a statement on the matter. [16928/15]
View answerThe back to education allowance (BTEA) is an educational opportunities scheme for persons in receipt of certain social welfare payments, who wish to pursue an approved full-time second or third level day course of education in an approved college leading to a recognised qualification. To qualify for participation in the scheme an applicant (jobseeker recipient) must be in receipt of a relevant social welfare payment for at least 9 months (234 days) prior to the start date of an approved third level course of study. Periods spent on the vocational training opportunities scheme (VTOS) may count towards the qualifying period for BTEA purposes. In order to qualify for BTEA, from a VTOS course, the applicant must establish an entitlement to a qualifying social welfare payment immediately prior to commencement of their course.
In order to establish eligibility to a qualifying social welfare payment and to determine if the qualification criteria for BTEA are satisfied, the person concerned should apply for jobseeker’s allowance (JA) when his current VTOS course is complete.
46. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 250 of 21 April 2015 the length of time, in weeks, that is considered to be a reasonably short duration; if guidance has been circulated to social welfare officers; and if so, the contents of that guidance. [16940/15]
View answerThere are no defined guidelines surrounding the period of time that a disability allowance (DA) claim should take to be restored where a former DA recipient ceases employment. However the Department endeavours to make this process as timely as possible and the time taken can be dependent on a number of factors, not least the length the individual had been working and the quality of the information supplied by the applicant.
It is then a function of a statutorily appointed deciding officer to decide upon eligibility for DA. Each individual request to return to the DA scheme after employment ceases is considered by a deciding officer on an individual basis based upon all the information available to him/her.
47. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection further to Parliamentary Question No. 53 of 21 April 2015, the rate of compliance of the EmployAbility service with the named monthly performance indicators. [16941/15]
View answerIn relation to performance indicators for the EmployAbility service set out in my previous reply, at a national level, at end-December 2014, the service had a ratio of one job coach to 26 clients. Of the 3,000 clients availing of the service, some 42 per cent had been placed in employment and were being supported by job coaches. It should be noted that the percentage figure for participants still in employment when the 18 month period of job coach support ceases was 31 per cent.
50. Deputy Finian McGrath asked the Tánaiste and Minister for Social Protection her views on correspondence regarding the case of a person (details supplied); and if she will make a statement on the matter. [16976/15]
View answerThe overall concern in recent Budgets has been to protect primary social welfare rates. Abolishing the bereavement grant provided an annual saving of €22 million. This allowed the Department to protect other more fundamental social welfare payments such as the Widows Contributory Pension.
There are a range of supports available for people following bereavement which provide more significant support than was provided by the bereavement grant:
- The widow's, widower's or surviving civil partner’s (contributory and non-contributory) pension which is a weekly payment, based on contributions or a means test.
- The widowed or surviving civil partner grant is a once-off payment of €6,000 where there is a dependent child.
- A number of social welfare payments, including State pension and carer’s allowance, continue in payment for six weeks following a death.
- Guardian payments where someone is looking after an orphaned child.
- A special funeral grant of €850 where a person dies because of an accident at work or occupational disease.
Under the supplementary welfare allowance (SWA) scheme, the Department of Social Protection may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. An application can be made under the ENP scheme for assistance with funeral and burial expenses. The assistance is toward the costs of the necessary basic requirements for a dignified funeral. However, there is no automatic entitlement to such a payment. An ENP is a means tested payment payable at the discretion of the officers administering the scheme, taking into account the requirements of the legislation and all the relevant circumstances of the individual applicant and that of the deceased person including any savings, property, insurance policies, etc. that would render the applicant or anybody else liable for the burial costs. The Department official will also consider if a bereavement grant is available from any other source including former employer, credit union or trade union.
