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Thursday, 30 Apr 2015

Written Answers Nos. 111 - 132

Harbours and Piers

Questions (111)

Éamon Ó Cuív

Question:

111. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when approvals will be provided for the local authority harbour development programme this year; the reason for the delay in the programme; and if he will make a statement on the matter. [17049/15]

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Written answers

My Department administers the Fishery Harbour and Coastal Infrastructure Development Programme. In addition to funding for Department owned harbours the programme provides funding for Local Authority owned piers and harbours subject to available funding. On 13 March this year all coastal Local Authorities were invited to submit applications under the 2015 Programme with a closing date of 25 March for receipt of applications. Following an initial evaluation detailed applications were sought for projects shortlisted under the process. The closing date for receipt of detailed applications was 23 April 2015.

I can confirm that all applications for funding made by Local Authorities in respect of qualifying projects are currently being assessed in the context of the available exchequer funding and other competing priorities.

The Local Authorities will shortly be advised of the projects for inclusion in this years programme and the funding available to them.

GLAS Data

Questions (112)

Éamon Ó Cuív

Question:

112. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of green low-carbon agri-environmental scheme planners approved and registered with his Department to date; the number of commonage planners approved; and if he will make a statement on the matter. [17050/15]

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Written answers

All GLAS applications must be made online and must be prepared and submitted by an approved GLAS advisor. There are 514 GLAS A dvisors approved and registered with my Department, as published on the ‘ List of Approved Advisor’ on the Department’s website. Of these, 272 have successfully completed the additional training required to be approved as a commonage planner. Only an approved GLAS advisor who has also completed this additional commonage training can draw up a Commonage Management Plan.

Pesticide Use

Questions (113)

Éamon Ó Cuív

Question:

113. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason farmers and other users of sprays have to go on a course to enable them to spray their land; if this applies to knapsack sprayers; his views that these regulations are proportionate in view of the time and costs involved in attending such courses; and if he will make a statement on the matter. [17051/15]

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Written answers

The Sustainable Use of Pesticides Directive establishes a framework for European Community action to achieve the sustainable use of pesticides by setting minimum rules to reduce the risks to human health and the environment that are associated with pesticide use. It also promotes the use of integrated pest management. The Directive is designed to further enhance the high level of protection achieved through the entire regulatory system for pesticides.

Implementation of the Sustainable Use of Pesticides Directive relies heavily on the training of the various people involved at all levels of the industry, including Professional Users i.e. any individual who applies professional use Plant Protection Products.

All Professional Users must be appropriately trained i.e. trained for the specific type of application equipment they will be using (e.g. boom sprayer, knapsack etc.).

The need for appropriate training must be viewed in the context of protecting both human health (operators, bystanders and consumers) and the environment and, in particular, maintaining the high quality of our water.

GLAS Data

Questions (114)

Éamon Ó Cuív

Question:

114. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the total number of applications received by his Department to date under the green low-carbon agri-environment scheme and the green low-carbon agri-environment scheme+; the number that have actions chosen; the number of complete applications received in each case; and if he will make a statement on the matter. [17052/15]

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Written answers

To date, a total of 21,582 applications have been registered on the GLAS online system, of which 13,708 have selected actions. The facility to submit finalised applications will be activated shortly and applicants will then have until 22 May 2015 to submit their completed applications. Applications can only be identified as ‘complete’ once they have been submitted, so at this point in time I cannot provide a figure for that category. Applicants do not select distinct actions to qualify for GLAS Plus - the increased payments available under this measure are automatically applied where the annual cost for a farmer of addressing a combination of Tier 1 Priority Environmental Assets (PEAs) exceeds €5,000 per annum. These farmers move into the GLAS Plus category, where the ceiling for annual payment is €7,000. Farmers managing bird PEAs can qualify for GLAS Plus on the strength of their bird PEA alone, without the need for any other PEA, provided of course that they manage an area of habitat sufficient to draw the additional payment. The number of GLAS Plus applicants will only become apparent when applications are finalised and have been fully costed.

Agri-Environment Options Scheme Payments

Questions (115)

Noel Coonan

Question:

115. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine the reason full payment did not issue for a 2014 agri-environment options scheme payment in respect of a person (details supplied) in County Tipperary. [17065/15]

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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 1 September 2010. U nder 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. As part of these checks, a ground inspection was carried out on 2 August 2013 and it was established that one of the actions, Laying Hedgerows, was not eligible for payment under the Terms and Conditions of the scheme. Payments under the scheme were reduced accordingly.

The full payment for 2014, reduced by the ineligible action, has now issued. The first instalment of 75% was issued on 7 April 2015 and the balance of 25% was issued on 8 April 2015. There are no outstanding payments due on this contract at present.

Fishery Harbour Centres

Questions (116)

Noel Harrington

Question:

116. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the competent authority for aids to navigation in Castletownbere Fishery Harbour Centre, County Cork; and if he will make a statement on the matter. [17067/15]

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Written answers

Castletownbere Fishery Harbour Centre is one of the six Fishery Harbour Centres in the State which are owned and managed by my Department under Statute. I can inform the Deputy that the Commissioner of Irish Lights is the general Lighthouse Authority. Under the Merchant Shipping Acts, consent from the Commissioners of Irish Lights (C.I.L.), in the form of Statutory Sanction, is required prior to the establishment, alteration, or removal of any Aid to Navigation (AtoN).

Aids to Navigation are categorised as IALA Category 1, 2 or 3 depending on their significance from a safe navigation perspective .

The categorisation of Aids to Navigation is the responsibility of the Local Lighthouse Authority (LLA). At Castletownbere Fishery Harbour Centre, as is the case at the Department’s five other FHCs, Killybegs, Rossaveel, Dingle, Dunmore East and Howth, the Local Lighthouse Authority is the Fishery Harbour Centre.

Local Lighthouse Authorities are responsible for assessing the navigational requirements within their jurisdiction. Applications for statutory sanction for third party aids to navigation must be submitted via the Local Lighthouse Authority. Local Lighthouse Authorities are required to submit quarterly reports to C.I.L on the availability of their AtoNs.

I can confirm that Castletownbere Fishery Harbour Centre is the Local Lighthouse Authority (LLA) for Berehaven.

The Fishery Harbour Centre is directly responsible for the following Aids to Navigation within its precincts:

- No. 1 and 2 Port and Starboard lateral buoys,

- No. 3 and 4 Green and Red perches,

- Cametringane Spit perch,

- Leading lights into the inner harbour,

- The Bardini Reefer Cardinal buoy and

- The Privateer beacon (unlit).  

In addition, the Commissioners of Irish Lights (CIL) are responsible for the George Rock buoy, the Hornet Cardinal buoy, the Walter Scott Cardinal buoy, the Colt Rock Beacon  and the PEL directional light on Dinish Island. 

Cork County Council are responsible for the Oilean na gCadrach Beacon and the Beal Lough Beacon. In addition, there are certain navigational buoys that the various fish and mussel farms are responsible for.

Any Aids to Navigation that are unlit or out of position must be reported to the harbour master. A Navigational Warning will then be issued by the Coast Guard and also reported to the Commissioner of Irish Lights.

Agri-Environment Options Scheme Payments

Questions (117)

Seán Kyne

Question:

117. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine when a payment will issue in respect of a person (details supplied) under the agri-environment options scheme 3; if paperwork is in order; if an inspection is planned. [17084/15]

View answer

Written answers

The person named was approved for participation in the 2012 Agri Environment Options Scheme (AEOS 3) with effect from 1 May 2013.

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 of the person named was also selected for an on-farm inspection in respect of the 2014 scheme year, during which non-compliances with the Terms and Conditions of the Scheme were noted in relation to the land parcel boundaries submitted as part of the original application. The person named was notified of this in a letter dated 18 March 2015. Officials are currently processing the application on the basis of the inspection findings and once the parcel boundaries have been updated on the Land Parcel Identification System, 2014 scheme year payments, less any penalty, will issue.

Aquaculture Licence Applications

Questions (118)

Michael Healy-Rae

Question:

118. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding an aquaculture licence in respect of a company (details supplied) in County Kerry; and if he will make a statement on the matter. [17108/15]

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Written answers

The case referred to by the Deputy has a complex legal history. My Department has sought detailed legal advice on all the issues that arise. This legal advice is awaited. Every effort is being made by my Department to expedite consideration of this matter consistent with the applicable legislation. In all the circumstances it would not be appropriate for me to comment further on this case at this time.

Animal Disease Controls

Questions (119)

Patrick O'Donovan

Question:

119. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an appeal in respect of a person (details supplied) in County Limerick; when a decision will be made; and if he will make a statement on the matter. [17114/15]

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Written answers

The person named submitted a 2014 Beef Genomics Scheme application on 24 March 2014.

The terms and conditions that govern the scheme state: All animals with a current positive or inconclusive BVD test result must be removed to the knackery and have a date of death recorded on the Animal Identification Movement (AIM) system within 7 weeks of the date of the initial test in order to be eligible for aid under this programme.

As the holding of the person named did not adhere to these terms they are not eligible for payment under this Scheme. An appeal was recently submitted to my Department. The case has been re-examined and a letter informing the person named that the original decision was upheld has issued to him.

Fishing Fleet Protection

Questions (120)

Éamon Ó Cuív

Question:

120. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when he will meet a group of boat owners (details supplied) who want to discuss the need for a change of policy in respect of sub-segmentation of the fishing fleet, and who wrote to him on 12 April 2015; and if he will make a statement on the matter. [17165/15]

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Written answers

As Minister I have responsibility for policy in relation to sea-fishing boat  licensing under Section 3(3) of the Fisheries (Amendment) Act, 2003, as amended by Section 99 of the Sea Fisheries and Maritime Jurisdiction Act, 2006.  I am precluded from getting involved in individual cases (or group of cases) with which the licensing authority is or may be concerned under Section 3(5) of the 2003 Act.

The request for a change in the licensing policy as set out would have a substantial impact on the Irish fishing fleet.  The current policy has been put in place over many years and a change, as requested, would impact many elements of the fishing fleet, not just those making the request.

Where the industry, through the recognised representative structure of Producer Organisations, makes a business case for changes to the licensing policy on the basis of changed circumstance, I would examine any such case.

Departmental Correspondence

Questions (121)

Finian McGrath

Question:

121. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine when a response will issue to correspondence from the European Commission, dated 5 December 2013 (details supplied); and if he will make a statement on the matter. [17179/15]

View answer

Written answers

I can confirm that a comprehensive response is being issued to the European Parliament’s Committee on Petitions.

European Council Meetings

Questions (122)

Paul Murphy

Question:

122. Deputy Paul Murphy asked the Minister for Defence if he will report on discussions held with European Union counterparts on possible military action connected to the current humanitarian crisis in the Mediterranean; and if he will make a statement on the matter. [17005/15]

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Written answers

The humanitarian crisis in the Mediterranean is of great concern to Ireland, and to its EU and Southern partners.  Solutions must be found jointly to address a crisis on this scale.  

On Monday 20 April, the Minister for Foreign Affairs and Trade attended a joint meeting of the EU Foreign Affairs and Justice and Home Affairs Councils to discuss migration issues, and in particular the situation in the Mediterranean.  At that meeting, Ministers Frances Fitzgerald and Charlie Flanagan, together with our EU partners, confirmed our strong commitment to act to prevent recurrence of such tragedies.  It was agreed that work would be taken forward along three strands: reinforcing Frontex activities to save lives at sea, a fairer sharing of responsibilities regarding resettlement and relocation projects within the EU and a range of options to combat organized crime networks and human traffickers.

The Taoiseach attended a special meeting of the European Council on 23 April convened to discuss the evolving situation in the Mediterranean.  At that meeting, the Taoiseach stated that Ireland is prepared to send a Naval vessel on a humanitarian mission to assist in the emergency. EU Heads of State and Government agreed that the immediate priority is to prevent more people from dying at sea.  They agreed to use all tools at the EU’s disposal and to work in cooperation with countries of origin and transit of migrants to tackle the root causes of the current human emergency.  

A comprehensive range of commitments were agreed, including at least tripling financial resources for Operations Triton and Poseidon, thereby enabling an increase in the search and rescue possibilities within the mandate of FRONTEX.  EU leaders also committed to actions to prevent illegal migration flows, to reinforce internal EU solidarity and responsibility in relation to the processing of asylum applications and relocation of migrants, and to combat traffickers in accordance with international law.

The Council did not make a specific commitment in relation to military action.  There were two references in the EU statement to possible CSDP actions.  The first concerns systematic efforts to identify, capture and destroy vessels before they are used by traffickers, who exploit vulnerable people for profit and put their lives at risk.  In this regard the Council invited High Representative Mogherini to begin preparations for a possible CSDP mission.  Secondly, EU leaders committed to providing increased support to southern partner countries to monitor and control land borders, building on current civilian CSDP operations in the region.

Ireland will continue to participate actively in discussions in the coming weeks on the various strands of the EU’s comprehensive strategy, and to contribute to EU efforts to prevent further loss of life at sea.

Pending further discussions at international level, a number of EU member States, including Ireland, are considering the provision of various forms of assistance to alleviate the crisis in the Mediterranean. I have asked that all efforts are directed at deploying an Irish Naval vessel at the earliest opportunity to take part in humanitarian efforts, subject to the legal and other modalities being finalised.  My Department and the Defence Forces have already commenced operational and logistics planning for the deployment and my officials are coordinating the cross-Government issues and modalities.  The objective is to ensure we can bring the matter to the Government for final approval as soon as possible.

European Council Meetings

Questions (123)

Paul Murphy

Question:

123. Deputy Paul Murphy asked the Minister for Justice and Equality if she will report on any discussions held with European Union counterparts regarding refugees from North Africa; if she supports granting visas to persons from the Middle East and north Africa fleeing the conflicts in the region; and if she will make a statement on the matter. [17004/15]

View answer

Written answers

I would refer the Deputy to my reply to Questions 198 and 199 of 28 April 2015 giving the latest position on developments at EU level.

Ireland is one of the Member States involved in refugee resettlement with the UNHCR, as we have been for several years. Ireland also ran its own Syrian Humanitarian Assistance Programme last year for persons who are considered by their sponsoring family member present in Ireland to be most at risk. 114 beneficiaries have been granted admission under the programme.

Stardust Fire

Questions (124)

Terence Flanagan

Question:

124. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide an update regarding investigations by her Department into the Stardust tragedy; and if she will make a statement on the matter. [17011/15]

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Written answers

Following a meeting with the Stardust Victims Committee last year, I appointed an official in my Department to liaise with the Committee and they have engaged with representatives of the Committee in relation to these matters.

A researcher associated with the Committee has submitted material relating to these events to my Department and a meeting was held with that Researcher, and another person associated with the Committee, last week. The material previously submitted and the matters raised at the meeting held last week are being examined. The Committee has been informed that they will be contacted when this examination is completed.

I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.

Garda Station Opening Hours

Questions (125)

Niall Collins

Question:

125. Deputy Niall Collins asked the Minister for Justice and Equality if she will immediately reinstate Terenure Garda station, Dublin 6, as a 24-hour station, in view of the vicinity experiencing a 24% increase in its annual figures for burglaries; if she will sanction additional resources and extra personnel to An Garda Síochána for the Terenure area; and if she will make a statement on the matter. [17031/15]

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Written answers

I can assure the Deputy that I am very conscious of the concerns which exist in relation to these sorts of crimes and their impact on householders and communities. The specific policing strategies which are deployed in relation to these of types of crimes are of course a matter for the Garda Commissioner to determine. In this regard I am advised that local Garda management closely monitor the incidence of burglary and related property crimes in the area in question and put appropriate policing responses in place.

An Garda Síochána is responding to the incidence of burglary in the Dublin area through Operation Acer, which is in force throughout the Dublin Metropolitan Region. This includes a particular focus on identifying and targeting criminal groups involved in this criminality. Burglary Response Units attached to each Division take the lead in Operation Acer and are assisted by other units as required. In addition, a further and related operation, Operation Creeper, assists in the surveillance of Acer targets by monitoring their movements and this Operation has been tasked solely with targeting burglary suspects which has resulted in the successful arrests of Acer targets. These Operations are all coordinated under Operation Fiacla, which is the national operation targeting burglary using an intelligence and analysis-led approach.

Since Operation Acer commenced in early 2012, I am advised that there has been 5,389 arrests, 2,746 charges and 1,087 convictions for burglary in the Dublin area, up to 3 February 2015.

I can also advise the Deputy that in addition to these policing responses, I am currently carrying out a broader and urgent review of the criminal justice system's response to the problem of burglaries. In this regard I am working closely with the Garda Commissioner and other relevant criminal justice agencies to ensure that an effective, whole of system response is in place in relation to burglary. This includes a focus on interagency measures in relation to the management of prolific offenders, visible policing, crime prevention support for communities, and an examination of legislative issues. Burglary is a persistent and highly damaging crime, and I am committed to tackling it on a number of fronts, and through a partnership approach between criminal justice agencies and the community.

Specifically turning to Terenure Garda station, I have been informed by the Garda Commissioner that the personnel strength of Dublin Metropolitan Region (D.M.R.) South as of 28 February 2015, the latest date for which figures are readily available, was 540 of which there were 90 Garda assigned to Terenure Garda Station. There are also 41 Garda Reserves and 27 civilians attached to the D.M.R. South Garda Division. Terenure Garda station is open 7 a.m. to 9 p.m. Monday to Sunday. Outside of these hours telephone calls to Terenure are diverted to Rathmines Garda station which is opened to the public 24 hours. It is important to remember that while the Garda station in question has reduced opening hours to the public, it will remain as a functioning Garda station on a 24 hour basis.

Finally, the Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake attested as members of the Garda Síochána on the 23 April 2015 and the December intake will attest in Summer 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year. On attestation they are assigned to Garda stations throughout the country by the Garda Commissioner.

The Deputy will also be aware that I am making specific funding available for new specialised vehicles to support an enhanced operational response by Gardaí to current and emerging crime threats, including crimes being committed by highly-mobile gangs.

Court Procedures

Questions (126)

Clare Daly

Question:

126. Deputy Clare Daly asked the Minister for Justice and Equality her plans to insist that barristers wear civilian clothes and do not have any separate identification in the family courts, in order to make the atmosphere in family courts less intimidating; and if she will make a statement on the matter. [17036/15]

View answer

Written answers

As the Deputy may be aware, existing provisions under the Judicial Separation and Family Law Reform Act 1989 provide that Family Court proceedings in all courts shall be as informal as possible and that neither judges nor barristers or solicitors shall wear wigs or gowns; this applies generally to a range of child and family proceedings in the District Court. Similar provisions apply to proceedings under the Childcare Act 1991.

Garda Promotions

Questions (127)

Paul Murphy

Question:

127. Deputy Paul Murphy asked the Minister for Justice and Equality her views on extending the code of practice of the Commission for Public Service Appointments when filling senior roles in the Garda Síochána such as Assistant Commissioner. [17037/15]

View answer

Written answers

Promotions up to and including Assistant Commissioner are covered by the Garda Síochána (Promotion) Regulations 2006.

I have been informed by the Commissioner that the Code of Practice issued by the Commission for Public Service Appointments formally applies to all competitions within An Garda Síochána up to and including Inspector rank. Procedures that apply to more senior positions are informed by the principles prescribed in the Code of Practice.

The promotion systems in An Garda Síochana may be the subject of review in light of the forthcoming legislation on the Policing Authority.

Garda Síochána Ombudsman Commission Investigations

Questions (128)

Peadar Tóibín

Question:

128. Deputy Peadar Tóibín asked the Minister for Justice and Equality her views on the findings of the gardaí and the Garda Síochána Ombudsman Commission investigation into the forcible removal of glasses and the pepper spraying of a person (details supplied) on 18 September 2013. [17040/15]

View answer

Written answers

The incident referred to by the Deputy has been investigated by the Garda Síochána Ombudsman Commission. As the Deputy is aware the Ombudsman Commission is an independent body which was set up to receive complaints made by members of the public concerning the conduct of members of the Gardaí and I have no function in relation to the processing of individual complaints which are referred to it for investigation.

On a general note I am advised by the Garda Síochána that a detailed manual on Garda policy and procedures in relation to the use of incapacitant spray can be viewed on the Garda website www.garda.ie/Documents/User/Incapacitant%20Spray%20-%20Policy%20and%20Procedures.pdf. The manual sets out the detailed considerations which must always be taken into account by a member of the Garda Síochána before using incapacitant spray.

Any use of incapacitant spray, as with any use of force in general, must be in accordance with law, in particular the law on the use of force set out in the Non-Fatal Offences Against the Person Act 1997. In effect, the use of incapacitant spray must be necessary and must be reasonable in the circumstances. Garda members are trained in the lawful use of incapacitant spray and, as the manual makes clear, are individually responsible and answerable for their actions in its use. It is also the case that every incident where incapacitant spray is deployed is notified to the Garda Síochána Ombudsman Commission, which can investigate any question of misuse.

Garda Oversight

Questions (129)

Éamon Ó Cuív

Question:

129. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the steps she has taken to ensure that proper protocols are put in place to ensure that members of An Garda Síochána are seen to be totally impartial in witnessing applications for the registration of voters, and that no impression is given that they are partisan in such matters to any cause or party; the discussions she has had with the Garda Commissioner in relation to this matter in view of well publicised incidents recently; and if she will make a statement on the matter. [17046/15]

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Written answers

I have been informed by the Garda Commissioner that on 19 April, 2015, a Garda from Pearse Street Garda station participated in a photo-call with a retired Supreme Court Judge at the front of Pearse Street Garda Station to highlight the fact that people should register to vote for the upcoming referenda. While the event was held in good faith to promote the fact that people can register at Garda stations to vote in the upcoming referenda, it was not appropriate for this kind of photo call to take place given the status of An Garda Síochána as an apolitical and impartial organisation.

I have been informed that the Garda authorities are continuing to examine the circumstances behind the photo call that Sunday.

The Garda Commissioner has made clear publicly that Garda participation in the event outside Pearse Street Station - or any event like it - is inappropriate. As the person with statutory responsibility for the control and direction of the Force it is a matter for the Commissioner to examine the circumstances which arose and any action that might be necessary.

To avoid any reoccurrence of this behaviour, the Garda Commissioner has informed me that she has now issued an instruction reminding all members of An Garda Síochána of the necessity for members not to be associated with any political movement or viewpoint.

Garda Equipment

Questions (130)

Niall Collins

Question:

130. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to the impact the Garda helicopter has on residents who reside in close proximity to the M50 when it is in operation at night time; if there is a protocol in place to try to reduce the noise pollution from the Garda helicopter at night; and if she will make a statement on the matter. [17076/15]

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Written answers

As the Deputy will be aware, the deployment of Garda resources, including air support, is a matter for the Garda Commissioner in the context of her identified operational requirements.

In that context I am advised by the Garda authorities that the Garda Air Support unit provides a 24 hour service in support of Garda specialist units and operational Gardaí on the ground. Personnel in the Garda Air Support Unit are very conscious of helicopter noise particularly at night and operate a noise reduction policy during night hours.

This policy includes:

- Where appropriate, performing circuits rather than hovering (hovering generates more noise)

- Increasing height to reduce noise where operationally possible

- Not remaining in any particular area longer than operationally necessary.

The majority of night flights are task driven and predicated on operational necessity. Whilst it is Garda policy to minimise noise pollution by Garda aircraft to the greatest extent possible, the Deputy will appreciate that it is not always possible to do so for operational policing reasons.

Citizenship Applications

Questions (131)

Bernard Durkan

Question:

131. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current residency status, and the extent to which all information requested has been furnished, in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [17078/15]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy, who currently has permission to reside in the State until 24 November, 2015.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. Certain information was requested from the applicant and a response has been received. A letter issued to the person concerned on 23 April 2015 granting a further 2 months to submit the remaining information. When a full response has been received the case will be finalised and submitted to me for decision as expeditiously as possible.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Ground Rents Payments

Questions (132)

Terence Flanagan

Question:

132. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on ground rent (details supplied); and if she will make a statement on the matter. [17081/15]

View answer

Written answers

The Deputy will appreciate that I am not in a position as Minister for Justice and Equality to comment on any specific case of payment of a ground rent by the holder of the leasehold interest to the owner of the freehold interest.

The general position regarding ground rents is that section 2 of the Landlord and Tenant (Ground Rents) Act 1978 introduced a prohibition on the creation of new leases reserving ground rents on dwellings. As regards remaining ground rents, Part III of the Landlord and Tenant (Ground Rents) (No.2) Act 1978 contains a statutory scheme whereby the holder of a leasehold interest may, at reasonable cost, acquire the fee simple in his or her dwelling. To date, over 80,000 applicants have acquired freehold title to their property under this scheme. Comprehensive details of the manner in which the fee simple can be purchased under this scheme are available on the Property Registration Authority's website www.prai.ie.

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