Written Answers Nos. 396-408
396. Deputy Barry Cowen asked the Minister for Defence if he will provide in respect of State boards under his Department's remit, the number of appointments to State boards; the number of vacancies in State boards ; the number of vacancies in State boards publically advertised; and the number of appointments to State boards drawn directly from the public advertisement process, in period March 2011 to 2015 to date. [23582/15]
View answerThe State Boards under the aegis of the Department of Defence in March 2011 were the Civil Defence Board, the Board of Coiste an Asgard and the Army Pensions Board. The Civil Defence Board was identified in the Public Service Reform Plan as a body to be abolished. The then Minister for Defence appointed a 14 person interim Board as a temporary measure in 2011 and in this context none of the positions were advertised. Legislation to dissolve the Board was passed by the Oireachtas in December 2012. Its functions have now transferred back to the Department of Defence.
There were no appointments to the Board of Coiste an Asgard from 2009. In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. The formal wind up of the Company including voluntary strike off with the Companies Registration Office was completed in early 2013.
The only body currently under the aegis of the Department of Defence is the Army Pensions Board. The Army Pensions Board is an independent statutory body established under the Army Pensions Act 1927. The Act specifies that the Board shall consist of a chairman and two ordinary members. The two ordinary members must be qualified medical practitioners of whom one must be an officer of the Army Medical Corps. The chairman and the non-military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Public Expenditure and Reform. The Army Medical Corps ordinary member is appointed by the Minister for Defence on the recommendation of the Chief of Staff of the Defence Forces.
There have been three appointments to the Army Pensions Board since March 2011. Commandant Adam Lagun was appointed to the position of Army Medical Corps member of the Board in December 2011. This position became vacant in October 2014 due his deployment overseas. On the recommendation of the Chief of Staff a temporary appointment to the Board was made to cover the absence period of October 2014 to May 2015. Commandant Lagun resumed as Ordinary member of the Board in June 2015. As the Army Pensions Act 1927 specifies that one of the ordinary members must be an officer of the Army Medical Corps, the positions were not publicly advertised on either occasion. Details of these appointments to the Army Pensions Board were published in the Iris Oifigiúil on 13 January 2012 and 4 November 2014 respectively.
A civilian doctor was appointed as ordinary member of the Army Pensions Board in November 2013. The civilian doctor vacancy was advertised on the Department of Defence website and the Public Appointments Service website. A number of expressions of interest in the position were received and an appointment to the Board was made on foot of this public advertisement process.
397. Deputy Barry Cowen asked the Minister for Defence if he will provide, in tabular form, for each year from 2009 to 2014, inclusive, and for 2015 to date, the total number of freedom of information requests received by his Department; the total refused, granted, part-granted, successful appeals, part-successful appeals and refusals of appeals; and if he will make a statement on the matter. [23605/15]
View answerThe information requested by the Deputy is set out in the following tables:
FOI Requests:
|
Year |
Number of Requests* |
Refused |
Granted |
Part Granted |
|
2009 |
62 |
10 |
30 |
10 |
|
2010 |
63 |
8 |
12 |
20 |
|
2011 |
40 |
5 |
20 |
7 |
|
2012 |
50 |
5 |
15 |
11 |
|
2013 |
40 |
5 |
7 |
11 |
|
2014 |
29 |
3 |
10 |
12 |
|
2015 to date |
41 |
3 |
17 |
6 |
*Please note that this figure includes requests received which were subsequently withdrawn, and handled outside FOI and requests transferred to another body.
FOI Appeals/Internal Review:
|
Year |
Total Appealed |
Successful |
Part Successful |
Unsuccessful |
|
2009 |
3 |
3 |
||
|
2010 |
2 |
1 |
1 |
|
|
2011 |
4 |
1 |
3 |
|
|
2012 |
2 |
1 |
1 |
|
|
2013 |
3 |
1 |
2 |
|
|
2014 |
1 |
1 |
||
|
2015 to date |
0 |
FOI Appeals to Office of Information Commissioner:
|
Year |
Total Appealed |
Successful |
Part Successful |
Unsuccessful |
|
2009 |
0 |
|||
|
2010 |
1 |
1 |
||
|
2011 |
1 |
1 |
||
|
2012 |
0 |
|||
|
2013 |
2 |
1 |
1 |
|
|
2014 |
0 |
|||
|
2015 to date |
0 |
398. Deputy Colm Keaveney asked the Minister for Defence further to Parliamentary Question No. 127 of 9 June 2015, the estimated cost of restoring a three-brigade structure in the Permanent Defence Force. [23622/15]
View answerThe current organisational structures of the Permanent Defence Force (PDF) ensure that it can operate efficiently and effectively within a strength ceiling of 9,500 personnel. Within that strength ceiling, the return to the previous three Brigade structure would cause a range of inefficiencies arising from under-strength Units and an increased administrative burden. This would compromise the current operational effectiveness of the PDF imposing an unacceptable cost.
399. Deputy Micheál Martin asked the Minister for Defence if he will provide, in tabular form, the number, name and date of Bills initiated in his Department that have been subject to the pre-legislative scrutiny procedure in the Oireachtas. [23636/15]
View answerNo Bills initiated in my Department have been subject to the pre-legislative scrutiny procedure in the Oireachtas.
I referred the General Scheme of the Defence Forces (Forensic Evidence) Bill 2015 to the Committee on Justice, Defence and Equality on 12 March 2015 for consideration as to whether pre-legislative scrutiny was appropriate in this case. Following a subsequent briefing for the Committee on the General Scheme by Departmental officials, the Committee Chairman wrote to inform me that, having considered the matter, the members of the Committee did not feel it necessary to undertake a pre-legislative scrutiny process in this case.
400. Deputy Micheál Martin asked the Minister for Defence if he will provide, in tabular form, the number, name and date of Bills initiated in his Department since September 2013. [23662/15]
View answerWhile no Bills have been initiated by my Department since September 2013, the General Scheme of the Defence Forces (Forensic Evidence) Bill 2015 was approved by Government on 20 February 2015.
401. Deputy Barry Cowen asked the Minister for Defence if he will provide, in tabular form, the total amount spent in each of the years 2011 to 2014, inclusive, and in 2015 to date on staff subsistence payments and staff taxi payments; if his Department has been audited for tax compliance on these payments and other benefits in kind; if these processes have been revised, in view of the Revenue Commissioners concerns over practises in other State bodies; and if he will make a statement on the matter. [23678/15]
View answerThe details requested in respect of the total amount spent per annum in 2011, 2012, 2013, 2014 and to date in 2015 (11th June) on staff subsistence (including foreign subsistence) and taxi payments in respect of Departmental civil servants, members of the Permanent Defence Force (PDF) and civilian employees, is as outlined in the following table:
|
Year |
Subsistence Payments |
Taxi Payments |
|
2011 |
€4,208,952 |
€39,189 |
|
2012 |
€3,771,753 |
€35,539 |
|
2013 |
€3,706,508 |
€32,839 |
|
2014 |
€4,003,404 |
€34,062 |
|
2015 ( to 11 th June ) |
€1,448,502 |
€12,713 |
Arising from a Revenue audit, which was concluded in 2010, the Department of Defence made a settlement of €1,461,965 for the years 2007-2010 and part of 2011, in respect of an allowance payable to members of the PDF attached to the Reserve Defence Force for expenses incurred in the course of their duties. The payment process associated with this allowance was revised and the allowance has been taxed since early 2011. No issues were raised during the audit in relation to subsistence and taxi payments in respect of Departmental civil servants.
In 2012, the Department, as part of its internal tax compliance arrangements, conducted a detailed internal review of the full range of allowances and other arrangements in respect of military and civilian employees. Following the internal review, an unprompted voluntary disclosure was made to the Revenue Commissioners in December 2012 in relation to certain allowances and arrangements, where the Department considered that benefit-in-kind issues might arise, and a payment of €1,090,078 on account was made for the tax years 2011 and 2012. Where necessary, the appropriate processes were revised on the recommendation of the Revenue Commissioners. As part of the unprompted voluntary disclosure process the Department also submitted reviews to the Revenue Commissioners on the provision of accommodation and medical services to members of the Defence Forces and their families. In the case of the unprompted voluntary disclosure made in respect of medical services a payment of €281,255 on account was made in February 2014 to cover the tax years 2011 to 2013, and a further payment of €16,875, for the tax year 2014, was made in January 2015.
The Revenue Commissioners are currently considering the content of the three reviews submitted by my Department on allowances, accommodation and medical services.
The Department of Defence has comprehensive tax compliance procedures and internal audit structures in place and any relevant taxation issues that arise are followed up with a view to ensuring that the Department is tax compliant.
402. Deputy Barry Cowen asked the Minister for Defence if he will provide, in tabular form, by year, all external consultant reports commissioned by his Department since March 2011; the costs per report; the company involved; the title of the report; and publication date. [23694/15]
View answerThe information sought by the Deputy in relation to reports commissioned and completed since March 2011, is set out in the following table.
|
Report |
Cost |
Company |
Publication Date |
|
An independent review of United Nations Interim Force in Lebanon (UNIFIL) fatalities in 1989 |
€51,660 |
Mr. Frank Callinan, S.C. |
19th September 2011 |
|
Review of the Air Corps’ Safety Management System |
€20,000 |
Jacques Michaud |
14 November 2013 |
|
Third Report of the Independent Monitoring Group (IMG) |
€22,500 |
Dr. Eileen Doyle |
3 September 2014 |
|
Consultancy report to assess the impact of an upgrade of Departments financial application software. |
€24,870.60 |
Fujitsu Ltd |
30 January 2015 |
|
Review of the Civil Defence Branch |
€7,200 |
Mr. Jim Blighe |
N/A |
403. Deputy Paul Murphy asked the Minister for Defence if he will report on the welfare of migrants who have been rescued from the Mediterranean Sea by the crew of the LE Eithne. [23782/15]
View answer404. Deputy Paul Murphy asked the Minister for Defence the countries of origin of migrants who have been rescued from the Mediterranean Sea by the crew of the LE Eithne. [23783/15]
View answerI propose to take Questions Nos. 403 and 404 together.
Following Government approval and agreement with the Italian authorities, L.É. Eithne arrived in the South Central Mediterranean on 23 May 2015, to assist the Italian authorities in humanitarian search and rescue operations in the Mediterranean.
The role of the Irish Naval vessel is to provide a search and rescue capability and to undertake humanitarian rescue operations at sea in the Mediterranean. Assistance to persons in distress at sea is being provided in accordance with the applicable provisions of international conventions governing search and rescue situations. Co-ordination of search and rescue efforts and the provision of humanitarian assistance is being achieved by close co-operation with the Italian authorities.
L.É. Eithne is deployed on the high seas in international waters between Sicily and Libya, which is where most migrant activity and search and rescue incidents have occurred. To date, L.É. Eithne has been involved in a number of rescue operations resulting in the rescue of circa 1,623 migrants.
Following their rescue, once on board the Irish Naval Vessel, migrants are provided with medical assistance, food, water and dry clothes to those in need. The migrants are then either transported to a port in Italy, or transferred to another international naval vessel, as directed by the Italian authorities.
The Department of Defence does not have any information on the countries of origin of these migrants or on their welfare following disembarkation in Italy which is a matter for the Italian authorities.
Our focus will remain on continuing to assist the Italian authorities in the humanitarian search and rescue operation efforts to prevent further tragedy and loss of life at sea.
405. Deputy Clare Daly asked the Minister for Defence further to Parliamentary Question No. 132 of 9 June 2015, when he expects to have considered the Office of the Attorney General's advice in view of the length of time that the person concerned has been waiting for a review. [23848/15]
View answerAs I advised previously, I am currently considering the further advice that I received from the Office of the Attorney General in relation to this case. You will appreciate that this is a serious matter that requires my full consideration. I would hope to be in a position to conclude my consideration on the matter shortly.
406. Deputy Robert Troy asked the Minister for Justice and Equality her plans to end direct provision without further delay, as the living conditions are extremely unsuitable and almost one-third of those involved are children; and her further plans to provide alternative accommodation. [23073/15]
View answerThe Reception & Integration Agency (RIA) of my Department is responsible for the provision of full board accommodation and the coordination of certain ancillary services to asylum seekers in accordance with the Government policy of direct provision. There are currently approximately 4,500 asylum seekers in 34 centres around the State.
I have no plans to end direct provision. I am however awaiting the presentation to me in the coming weeks of a report of an independent working group whose remit is to make recommendations on improvements to the protection process, including direct provision and supports for asylum seekers. One of the Group's specific terms of reference is to indicate what actions could be taken in the short and longer term which are directed towards showing greater respect for the dignity of persons in the system and improving their quality of life by enhancing the support and services currently available.
The working group which was set up late last year is chaired by former High Court judge, Dr. Bryan McMahon, and comprises senior officials from all relevant Departments, the UNHCR, representatives of academia and various NGOs who have a long-standing interest in this area and other representatives of civil society. The working group developed a work programme early on and established three sub-groups to deal with the following themes. The first deals with conditions in centres, the second deals with supports for asylum seekers and the third deals with improving the processing of protection claims.
The working group has taken evidence directly from residents in the direct provision system both in writing and orally, visited centres around the country and spoken directly to residents. It has engaged with particular groups of applicants including children, victims of torture, victims of trafficking and sexual violence, members of the LGBT community and has taken oral and written submissions from a number of experts in this field, including the Irish Human Rights and Equality Commission and the Special Rapporteur on Child Protection, Dr. Geoffrey Shannon.
When the report of the Working Group is presented to me, it will be submitted to Government who will then consider the recommendations made therein. The Government recognises that the issues examined by the working group are complex and required thorough consideration to ensure that any recommendations are practical and sustainable from a budgetary perspective and do not undermine existing border controls and immigration policies.
407. Deputy Micheál Martin asked the Minister for Justice and Equality the actions taken from the recommendations made in the Moriarty tribunal report, which she received in March 2011; and if she will make a statement on the matter. [23083/15]
View answer408. Deputy Micheál Martin asked the Minister for Justice and Equality the number of meetings she has held in her Department on the recommendations in the Moriarty tribunal report; and if she will make a statement on the matter. [23084/15]
View answerI am informed by the Garda authorities that, following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions was sought with a view to determining whether or not a full Garda investigation should be commenced. As this process is ongoing it would not be appropriate for me to comment in further detail at this time. The Deputy will also appreciate that I, as Minister, do not have a direct role in relation to these matters and, accordingly, the question of my holding meetings in this regard would not have arisen.
As the Deputy will be aware, the report of the Moriarty Tribunal made a number of recommendations which related to the responsibilities of different Government Departments. In this regard I understand that there have been relevant developments in the fields of financial regulation, company law, and electoral law. As Minister for Justice and Equality, I can only respond in relation to the recommendations which refer to my own Department's responsibilities.
In this regard, the Tribunals Bill is under review in my Department. I can assure the Deputy that this work has entailed detailed consideration being given within my Department to the full suites of recommendations made by the Moriarty Tribunal in its Report of March 2011 and the Mahon Report in March 2012, to the relevant judgments delivered by the Supreme Court in July 2011 and October 2012, and to the developing experience regarding the operation of Commissions of Investigation. The review will be completed as soon as possible, but is dependent on other legislative priorities. Accordingly, the likely time frame cannot be indicated with any certainty at this point. I am, of course, updated regularly on the status of legislative proposals within my Department.
