Written Answers Nos. 142 - 153
142. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the position regarding a payment to a person (details supplied) in County Mayo under the rural environment protection scheme; and if he will make a statement on the matter. [28057/15]
View answerAs outlined in the reply to Parliamentary Question No. 433 of 26 May 2015, the person named completed the full term of his contract in the scheme. However, in 2013 it emerged that although the person named had claimed for 27/298 shares in the commonage, the ownership documents showed 9/298 shares only. Therefore, there was an over-claimed amount of 49.34 hectares of commonage for the years up to 2012 and this resulted in a clawback of REPS payments already made prior to 2012 and a further reduction within his 2012 Scheme Year payment. The person named was notified by the Department’s local office by letter dated 13th June 2013 that he had a total debt on his REPS 4 contract in the amount of €25,693.66 arising from reductions in the contract area for previous years (2008 – 2011). He was notified at that time that the amount may be recouped from future Department payments due to him.
The person named was subsequently notified by letter from the Department dated 27th June 2013 that there was also a further in-payment penalty specific to the 2012 REPS 4 Scheme Year of €10,647.82 for the same issue.
The person named was further contacted by letter dated 6th January 2014 from the Regional Inspector, confirming that his contract area was reduced as a result of the overclaim of his share in the commonage lands. He was also advised at that stage of the right to appeal to the Agriculture Appeals Office if he was not satisfied with this decision. There is no record of an appeal being made to the Appeals Office in this case.
The person named was given details of the breakdown of how these clawbacks and penalties arose in an explanatory letter from the Department. An amount of €20,813.71 has already been recouped through the REPS 4 Scheme and other Department Schemes. There remains an outstanding debt due to the Department of €15,528.07.
In relation to other schemes, all applications in respect of Single Payment (SPS) and Disadvantaged Area Schemes (DAS) have been processed in full for all years. No payment issued in respect of SPS in 2012 as an over-claim of greater than 20% in respect of commonage land was identified. The applicant was requested to submit documentation in respect of the commonage land in question and insufficient evidence was provided to avert the penalty. To date no further evidence has been submitted in respect of 2012 scheme year.
Applications in respect of 2013 and 2014 for SPS and DAS have been fully processed and any moneys due under these schemes have been offset against the outstanding REPS debt.
143. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding greyhounds; and if he will make a statement on the matter. [28128/15]
View answerBord na gCon is the statutory body responsible for the regulation of greyhound racing under the Greyhound Industry Act 1958. It has specific powers conferred on it by the Greyhound Industry (Racing) Regulations 2007, S.I. 302 of 2007, which set out the detailed rules under which greyhound racing is conducted. In July 2014 my Department published the findings from a study, commissioned by my Department and conducted by Indecon into ‘Certain matters relating to Bord na gCon’. Indecon in accordance with its Terms of Reference considered the area of regulation and made a number of recommendations in this regard. The response of Bord na gCon to the Indecon report, which sets out a programme of action and a timeline for delivery, can be found on the Bord na gCon website.
With regard to regulatory reform, Bord na gCon has carried out an extensive review of procedures for regulatory control with many new standard operating procedures either finalised or close to finalisation dealing with sampling for prohibited substances, laboratory aspects, track maintenance, racetrack security and enforcement of penalties. The work of an international expert in reviewing Bord na gCon’s policy in anti-doping and medication control is nearing conclusion. This may lead to the establishment of an advisory scientific group, amendments to legislation and a modification of practices and policies as appropriate. The regime for testing for prohibited substances is being strengthened, and testing has commenced at trials.
In addition, I understand that more targeted testing on a risk analysis basis has commenced. Bord na gCon has also initiated a process to introduce mandatory penalties, including exclusion orders and disqualification orders, for breaches of regulations.
It is my firm belief that the future of the greyhound industry is dependent on the stakeholders having trust and confidence in the industry, and this is contingent on the industry having the highest standards of integrity founded on strong regulatory systems. The Board and the Executive of Bord na gCon have assured me that they share my view and are doing their utmost to enhance the regulatory systems underpinning the industry to ensure that they are effective and fit-for-purpose.
144. Deputy Seán Ó Fearghaíl asked the Minister for Defence his Department's policy position on addressing the problem of unauthorised encampments on the Curragh Plains in County Kildare; if he is aware of the growing frequency of such encampments; if he has any proposal to tackle the issue; and if he will make a statement on the matter. [27989/15]
View answerAs you may be aware the management and protection of the Curragh Plains, one of the most open and accessible areas in the Country, is an ongoing process which is the responsibility of my Department.
I am fully aware of the ongoing problems of illegal camping and the misuse of the Curragh Plains. In the first five months of this year my Department has already spent approximately €113,500 on the maintenance of the Curragh Plains which includes the clean-up operations following illegal camping and dumping.
Under Section 19C of the Criminal Justice (Public Order) Act 1994, as inserted by the Housing (Miscellaneous Provisions) Act 2002, it is an offence for a person to enter on and occupy property without the consent of the owner. Under the provisions of the Act An Garda Síochána has the power, without warrant, to arrest a person who fails to leave when requested and seize anything they bring onto the property in question e.g. caravans. Penalties for persons found guilty of an offence under this Part of the Act include fines not exceeding €3,000 or a term of imprisonment not exceeding one month or both.
My Officials report all incidents of illegal encampments on the Curragh Plains to the An Garda Síochána as soon as they are made aware of them.
While you will appreciate that it can prove difficult to fully prevent such activities every effort is being taken to address the situation and protect the valuable amenity that is the Curragh.
145. Deputy Seán Crowe asked the Minister for Defence if ambulances belonging to the Defence Forces are continuing to be used to supplement Health Service Executive civilian ambulance services; and if so, the number of times they have been used in this regard since January 2014. [28005/15]
View answerThe Defence Forces maintains a small ambulance fleet to transfer Military personnel to and between hospitals, and to attend training exercises. Such exercises would include artillery shoots, weapons shoots, live battle practices and other operational exercises. There is currently no arrangement in place with the Health Service Executive for the Defence Forces to supplement the Health Service Executive ambulance service. However, whilst the primary role of the Defence Forces ambulance fleet is to meet their own needs, these ambulance resources can be mobilised, on a case by case basis, to assist in response to Aid to the Civil Authority requests. I can confirm that since January 2014 no such requests were received from the Health Service Executive.
146. Deputy Pádraig Mac Lochlainn asked the Minister for Defence the pension entitlements of retired members of the Defence Forces; and if retired members with 31 or 41 years service receive the same pension as retired members with 21 years service. [28198/15]
View answerPension entitlements for members of the Defence Forces are based on various factors such as: date of joining the Permanent Defence Force (PDF), pensionable pay, retiring rank and period of pensionable service. Also, different arrangements apply to members who join the PDF: (a) On or after 1 January 2013, (b) On or after 1 April 2004 but before 1 January 2013; or (c) Before 1 April 2004.
Pension entitlements are generally related to length of service; therefore retired members with 31 or 41 years service will in general receive more in pension than those with 21 years service.
I am not in a position to give a more detailed reply without having more specific information. However, it may be that the Deputy’s question relates to certain arrangements for enlisted personnel who joined before 1 April 2004 where the Defence Forces Pensions Schemes provide for payment of an ‘additional increment’ over and above the basic 21-year pension. This is paid for each additional year of service above 21 years, to a maximum of 31 years. This additional element ceases to be payable when an individual reaches social welfare State Pension age. This arrangement is based on the long established principle of integrating occupational pensions with Social Insurance benefits of employees who are fully insured for the range of benefits under the Social Welfare Acts. The principle is not unique to the Defence Forces and is used across the public and private sectors.
If further information is required, the Deputy can contact my office and I will arrange to have it provided.
147. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide an assurance that there are no plans to close the courthouse in Carndonagh, County Donegal. [27987/15]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, including in regard to the provision of accommodation for court sittings.
However, in order to be of assistance I have had inquiries made and the Courts Service has informed me that there are currently no plans to close the courthouse in Carndonagh.
The Courts Service keeps the number of court venues it maintains under continuous review with no court venue being singled out or exempt from the review process.
During the course of 2012, the Court Service completed a comprehensive review of all venues throughout the country. The purpose of that review was to establish a framework within which venues could be considered for closure taking account of a range of criteria such as caseload, proximity to a alternative venue, physical condition of the building, availability of cells etc. The specific output was the identification of a range of venues nationwide which based on the criteria applied could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue. In this regard, the identification of venues as part of the review process did not necessarily mean that the identified venues would close.
Carndonagh courthouse was, following the comprehensive review, identified as a venue which should be considered for closure subject to a detailed assessment and the preparation of a business case. However, following the review the Courts Service decided to retain the courthouse in Carndonagh due to its location on the Inishowen peninsula.
Accordingly there are currently no plans to close the courthouse in Carndonagh.
148. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will confirm that An Garda Síochána utilises the Evo-Fit system to draft an image of a suspect on each occasion, when an eyewitness can provide a facial description of a suspect. [27988/15]
View answerI am informed by the Garda authorities that a new system to assist An Garda Síochána in visually identifying suspects was deployed earlier this year.
The system, known as Evo-Fit, uses a store of images of individual facial features and shapes (e.g. noses, eyes, mouths, hairstyles etc.) held within the system to assemble a full electronic facial likeness based on the recollections of witnesses and victims of crime. In effect, EvoFIT carries out the same function that police sketch artists would traditionally have used but with more accuracy.
The use of Evo-Fit as an aid to investigations is an operational matter for An Garda Síochána.
149. Deputy Mary Lou McDonald asked the Minister for Justice and Equality her plans to re-open Fitzgibbon Street Garda station in Dublin 1; and if she will make a statement on the matter. [27995/15]
View answerThe programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda Authorities working in close co-operation with the Office of Public Works, who have the responsibility for the provision and maintenance of Garda accommodation.
I have been informed by the Garda authorities that following OPW advice regarding the condition of the station it was deemed necessary to vacate Fitzgibbon Street Garda Station on a temporary basis to facilitate refurbishment works. The OPW subsequently refurbished the former Prison Officers Quarters at Mountjoy Prison and the adjacent Mountjoy Garda Station so that Gardaí attached to both Mountjoy and Fitzgibbon Street could operate efficiently and effectively on a temporary basis from this location. In addition, a building adjacent to Fitzgibbon Street Garda Station was identified as suitable for a Garda Office and following some refurbishment now operates as a temporary public office.
I am further informed by the Garda authorities that they are examining the possibility of locating a Garda District Headquarters at Fitzgibbon Street. The formulation of such proposals is a matter, in the first instance, for the Garda Commissioner and will be progressed in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote of the Office of Public Works.
150. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a residency card or a temporary travel document will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [28012/15]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted temporary permission to remain in the State for one year in 2000 under the arrangements then in place for the non-EEA national parents of Irish born citizen children. This permission has been regularly renewed and is currently valid until 22 November, 2016. The Garda National Immigration Bureau (GNIB) have advised that a GNIB registration card has been processed in respect of the person concerned and efforts have been made by the local Immigration Officer to bring this to the attention of the person concerned. In that regard, I am also informed that it is open to the person concerned to attend at their local Immigration Registration Office to collect the GNIB card.
I am further informed by the INIS that it is also open to the person concerned to apply for an Irish Temporary Travel Document if they do not possess a valid national passport to facilitate their travel needs. Details of how to make an application for an Irish Temporary Travel Document can be found on the INIS website, www.inis.gov. ie.
The Deputy will be aware that queries in relation to the status of or advice on individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established 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.
151. Deputy Niall Collins asked the Minister for Justice and Equality if she is aware of concerns within An Garda Síochána relating to the leaking of confidential information from An Garda Síochána; and if she will make a statement on the matter. [28041/15]
View answer152. Deputy Niall Collins asked the Minister for Justice and Equality the discussions she has held with the Garda Commissioner regarding the leaking of information from An Garda Síochána; if she is aware of any new procedures being implemented by An Garda Síochána relating to information being provided to the media from An Garda Síochána; and if she will make a statement on the matter. [28042/15]
View answer153. Deputy Niall Collins asked the Minister for Justice and Equality if she is aware of any changes in structure or protocol with regard to the interaction between An Garda Síochána and the media; and if she will make a statement on the matter. [28043/15]
View answerI propose to take Questions Nos. 151 to 153, inclusive, together.
As an organisation the Garda Síochána takes its responsibility for the control of the information it possesses about individuals very seriously. Unauthorised disclosure of information can impede the investigation of an offence and the apprehension or prosecution of suspected offenders and can seriously undermine public confidence in the ability of the Garda Síochána to carry out its functions.
Any member of the Garda Síochána who leaks information to the media is not only contravening clear Garda policy, but is also contravening the law. It is an offence under the Official Secrets Act 1963 for a member of the Garda Síochána, as for any public official, to disclose official information without lawful authority. It is also, quite separately, a distinct offence under section 62 of the Garda Síochána Act 2005 for a member of the Garda Síochána to make an unauthorised disclosure of information obtained in the course of duty if the member knows that such disclosure is likely to have a harmful effect. The section sets out a list of instances of harmful effect covered by this offence, which includes for example disclosures which result in the publication of personal information constituting an unwarranted and serious infringement of a person's right to privacy. The penalty for such an offence, upon conviction on indictment, is a term of imprisonment for up to 5 years and/or a maximum fine of €50,000.
Therefore, in terms of the prohibition on unauthorised disclosure of information, I believe that the position is unambiguous.
As the Deputy will be aware there is a programme of change under way in relation to An Garda Síochána. As part of that programme An Garda Síochána has recently introduced a new Communications Strategy. The objective of the Strategy is to enhance trust in the organisation by communicating with the public and other stakeholders about how it is changing for the better, while demonstrating its on-going commitment to protecting and supporting communities and the State. This will be underpinned by core communications principles of openness and honesty; professionalism; accuracy; engagement; being informative; responsiveness, and being legally sound.
The Communications Strategy is designed to promote policing excellence and our changing culture through a wide variety of communication channels in a co-ordinated and consistent way to demonstrate An Garda Síochána’s on-going commitment to protecting and supporting communities and the State. An Garda Síochána's Communications Strategy can be accessed on-line atwww.garda.ie/Documents/User/Communicating%20Better%20On%20All%20Fronts%20-.pdf.
As part of the Communications Strategy, a range of Garda experts will be selected and trained to provide comment to local and national media on the work being undertaken across the organisation as well as public safety messages. They will do this in line with existing regulations relating to the interaction between An Garda Síochána and the media.
Any member of the public who believes that he or she has been the subject of unauthorised disclosure of information by a member of the Garda Síochána may make a complaint to the independent Garda Síochána Ombudsman Commission, which has extensive powers of investigation.
