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Tuesday, 14 Jul 2015

Written Answers Nos. 431-446

Water Charges Administration

Questions (431, 432)

Clare Daly

Question:

431. Deputy Clare Daly asked the Minister for Defence in relation to estates or units of accommodation where the sewerage infrastructure is under the ownership of his Department, if the occupier of the dwelling is liable for a water charges bill; and if so, the reason. [29019/15]

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Clare Daly

Question:

432. Deputy Clare Daly asked the Minister for Defence his views regarding the ownership of the sewerage infrastructure which serves Orchard Park in the Curragh in County Kildare; if this infrastructure has any relationship with Irish Water; and if he will make a statement on the matter. [29020/15]

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Written answers

I propose to take Questions Nos. 431 and 432 together.

The sewerage infrastructure which serves Orchard Park in the Curragh, is connected to and makes use of the public sewer, with wastewater treated in a plant constructed by Kildare Co. Co. at Brownstown. With effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services provided by it. Households served by private water supply and waste water treatment systems are not customers of Irish Water.

Departmental Properties

Questions (433)

Clare Daly

Question:

433. Deputy Clare Daly asked the Minister for Defence if his Department has had any discussions regarding Kildare County Council leasing his Department's properties, currently being occupied by persons who were formerly, or whose families were formerly, members of the Defence Forces; the feasibility of this option being delivered in the short term; and if he will make a statement on the matter. [29021/15]

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Written answers

My Department has had no discussions with Kildare County Council regarding the leasing of properties currently being occupied by persons who were formerly, or whose families were formerly members of the Defence Forces.

Departmental Staff Data

Questions (434)

Seán Fleming

Question:

434. Deputy Sean Fleming asked the Minister for Defence the current average age of permanent staff employed within his Department; and the agencies under his Department's remit; the way this varies from the end of 2008 and the end of 2011; and if he will make a statement on the matter. [29194/15]

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Written answers

The Defence Organisation includes civil servants, military personnel and civilian employees attached to military installations. The average age of permanent Civil Service staff and personnel in the Permanent Defence Force (PDF) is shown in the table.

2008

2011

2015

Civil Servants

45.7

47.3

49.6

Permanent Defence Force

36.1

36.4

36.3

In a reply to Parliamentary Question No. 505 of 13 May 2014 an incorrect figure was provided for the average age of members of the Permanent Defence Force in 2011. The figure above in respect of the Permanent Defence Force for 2011 is the correct figure.

The average age of civilian employees attached to military installations is currently 55 years. Data relating to the civilian employee workforce is not maintained in a manner which would facilitate the production of annual age comparisons.

Disability Allowance Payments

Questions (435)

Dominic Hannigan

Question:

435. Deputy Dominic Hannigan asked the Minister for Defence the number of Army personnel who have had their disability pension payments reduced under section 13(2) of the Army Pensions Act 1923 after receiving a settlement sum in legal proceedings in each of the past ten years; and if he will make a statement on the matter. [29226/15]

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Written answers

The Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force (PDF) in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations. Section 13(2) of the Army Pensions Act, 1923, as amended, provides that “Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding … may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate or reduce the amount thereof.” The underlying objective of section 13(2) is to take into consideration awards (compensation, pension, gratuity or allowance) made ‘on the double’ from any source for the same disablement.

The number of relevant cases in each of the past ten years is not readily available. The information is being compiled and I will write to the Deputy regarding the matter.

Refugee Data

Questions (436)

Maureen O'Sullivan

Question:

436. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality in response to the criticism from the United Nations Special Representative on Migration that Ireland is not accepting enough resettlement refugees fleeing the crisis in Syria, her plans to increase the numbers being accepted. [28426/15]

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Written answers

On 13 May 2015, the European Commission, published an EU Agenda for Migration. Among the measures proposed was the establishment of an EU-wide resettlement scheme to offer 20,000 resettlement places. The Commission proposed that the scheme will cover all Member States, with the numbers suggested for each Member State calculated according to distribution criteria based on GDP, size of population, unemployment rate and past numbers of asylum seekers and of resettled refugees. It also takes account of the efforts already made on a voluntary basis by Member States.The Commission's calculation envisaged Ireland accepting 272 refugees for resettlement between now and the end of 2016. While plans were already in place for the resettlement of 220 refugees in 2015/16, the Government agreed to accept an additional 300 refugees over and above that figure. A total of 520 refugees will therefore be admitted in 2015/2016, the majority of whom will be refugees displaced by the Syrian conflict.

Labour Activation Measures

Questions (437, 438)

Finian McGrath

Question:

437. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a matter (details supplied) regarding labour employment legislation; and if she will make a statement on the matter. [29082/15]

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Finian McGrath

Question:

438. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a matter (details supplied) regarding workloads; and if she will make a statement on the matter. [29083/15]

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Written answers

I propose to take Questions Nos. 437 and 438 together.

The Employment Equality Act 1998 protects employees against discrimination on any of nine grounds (age, civil status, family status, gender, religion, sexual orientation, disability, race, or membership of the Traveller community). Claims under the legislation can be taken for assessment and adjudication to the Equality Tribunal and a person who considers that he or she has been discriminated against in the workplace and wishes to take a claim can seek advice and assistance in that regard from the Irish Human Rights and Equality Commission. Insofar as civil servants are concerned, there are a number of avenues open to address matters of the type raised by the Deputy, including:

- in the first instance, having a frank discussion with one's manager;

- using the annual goal setting, interim and final reviews of performance under the Performance Management and Development System (PMDS) to raise matters of concern;

- seeking the assistance of the officer's HRM Division; or

- invoking the Civil Service Grievance procedure.

Valuation Office

Questions (439, 451)

Michael McNamara

Question:

439. Deputy Michael McNamara asked the Minister for Justice and Equality if the merging of the Valuation Office with Ordnance Survey Ireland and the Property Registration Authority is going ahead; if a regional office will remain in place; and if she will make a statement on the matter. [29265/15]

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Timmy Dooley

Question:

451. Deputy Timmy Dooley asked the Minister for Justice and Equality if the Valuation Office, the Property Registration Authority and Ordnance Survey Ireland are merging; and the current status of same; and if she will make a statement on the matter. [28532/15]

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Written answers

I propose to take Questions Nos. 439 and 451 together.

The proposed merger of the Property Registration Authority (PRA), Valuation Office (VO) and Ordnance Survey Ireland (OSI) has been approved under the Agency Rationalisation Programme. The new body is to be named Táilte Éireann and will have responsibility for several important functions, including:

- the State property registration system;

- the State mapping and surveying infrastructure;

- the State property valuation service;

- the development and maintenance of State geospatial information;

- dealing with applications for purchase of ground rents;

- and ensuring the proper functioning of the Valuation Tribunal.

The General Scheme of the Tailte Éireann Bill providing for the merger was published on 22 January 2015 and has been forwarded to the Office of the Parliamentary Counsel for formal drafting. The bill was the subject of a pre legislative scrutiny by the Oireachtas Committee on Justice, Defence and Equality on 18 February 2015.

Two of the organisations involved in the merger, namely Ordnance Survey Ireland and the Property Registration Authority, have a number of offices outside of Dublin at present. Any proposals relating to the offices of the merged organisation would, in the first instance, be a matter for the new body itself following its establishment.

Student Visas Applications

Questions (440)

Bernard Durkan

Question:

440. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in determining an application for permission to extend a student visa in the case of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [28270/15]

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Written answers

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that an application was received, for permission to remain in the State from the person mentioned, on 4 December 2014. An examination of this case indicated that this person arrived in Ireland on 30 September 2007 and was registered as a student until 12 October 2012. On 16 February 2015, the applicant was informed that his case had been considered and that the information provided did not authorise an extension of their immigration permission. All non-EEA students resident in the State are subject to the student immigration rules set out under the "new immigration regime for full time non-EEA students" which was published in September 2010 and has been in effect since 1 January 2011. These rules stipulate that non-EEA students may reside in Ireland as students, subject to the provisions of the new regime, for a maximum period of seven years. As this person arrived in the State in 2007, they are now classified as a timed out student. On 9 April 2015, further documentation was received on behalf of the applicant and this will be assessed on its merits and a decision will issue in due course. 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 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 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.

Family Law Cases

Questions (441)

Catherine Byrne

Question:

441. Deputy Catherine Byrne asked the Minister for Justice and Equality the number of maintenance orders issued in 2014 for the benefit of a child; the number of cases brought for non-compliance with a maintenance order in 2014; and if she will make a statement on the matter. [28303/15]

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Written answers

The 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. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the tables below provide details of maintenance orders issued in 2014 in the District and Circuit Court, and cases initiated in 2014 in respect of maintenance arrears (Circuit Court only).

Table 1: District Court - Maintenance orders made in 2014

Number

Comment

Section (5) (A) (2) (Unmarried brought by other)

45

Child only

Section (5) (A) (1) (Unmarried)

3,450

Child only

Section (5) (1) (b) (Married but living apart/deserted)

223

Child only

Section (5) (1) (a) (Married)

1,542

May be for either child or spouse or both

Lump Sum

23

May be for either child or spouse or both

Table 2: Circuit Court - Maintenance orders made in 2014 (children only)

CIRCUIT COURT

Civil Partnership

Divorce

Judicial Separation

Other

Total

Periodic payment to child

2

536

323

35

896

Lump sum payment to Child

0

30

14

2

46

Table 3: Maintenance Arrears: Cases initiated in 2014 in District Court

Recovery of Arrears - Attachment of Earnings

262

Recovery of Arrears - Arrears Summons

2,833

Reciprocal Jurisdiction - Recovery of Arrears

48

Non-Reciprocal Jurisdiction - Recovery of Arrears

9

Note: Information is not available as to whether cases initiated are in respect of children only, spouse only or child and spouse.

National Postcode System Implementation

Questions (442)

Noel Harrington

Question:

442. Deputy Noel Harrington asked the Minister for Justice and Equality her plans to include the new Eircode postcode in all schemes and administrative roles operated by her Department; and if she will make a statement on the matter. [28319/15]

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Written answers

The use of Eircodes will be included in the course of routine updating of my Department's ICT systems. Much of my Department's business in terms of correspondence and payments is carried out via email and electronic funds transfer respectively and will, therefore, be unaffected by the introduction of Eircodes.

Asylum Applications

Questions (443)

John Deasy

Question:

443. Deputy John Deasy asked the Minister for Justice and Equality the number of applications for asylum that have been received in each of the past five years; the number that have been granted in the same period; if she will provide a breakdown of the nationalities of the persons who have applied and have received asylum in the same period. [28369/15]

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Written answers

Comprehensive statistics in relation to numbers of applicants for asylum and a breakdown of applications by main nationalities for the years 2010 - 2013 inclusive are available in the annual reports of the Refugee Applications Commissioner. These are published on their website http://www.orac.ie/website/orac/oracwebsite.nsf/page/orac-stats_14-en. In respect of 2014, a total of 1,448 applications for asylum were received, with the top five nationalities being Pakistan, Nigeria, Albania, Bangladesh and Zimbabwe.

For the years 2010 to 2014 inclusive a total of 160, 132, 92, 193 and 210 applicants were granted refugee status with Syria, Iran, Afghanistan, Pakistan and Somalia representing the top five nationalities. This year to date has seen a sharp increase in the number of asylum applications with a total of 1,481 new asylum applications received to the end of June this year compared with 597 for the same period in 2014. This is a year on year increase of 884 applicants or 148%. The top five source countries for applications in 2015 are Pakistan, Bangladesh, Albania, Nigeria, and India. These countries account for some 70% of all applications received to end June. The sharpest increases relate to applications from Pakistani and Bangladeshi nationals.

Departmental Expenditure

Questions (444)

John Deasy

Question:

444. Deputy John Deasy asked the Minister for Justice and Equality the amount the State has spent in each of the past five years in dealing specifically with the legal costs of applications from asylum seekers; the overall costs related to the operation of the asylum system and refugee processes for each of the past five years. [28370/15]

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Written answers

Asylum related legal costs incurred by my Department arise from the provision of legal services by the Refugee Legal Service of the Legal Aid Board to protection applicants and also in respect of judicial review proceedings taken against the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) which are determined in favour of the applicants concerned. The amounts incurred for the years 2010 to 2013 are €12.5m, €10.1m, €7.6m and €6.5m respectively. Precise figures for 2014 are not available but are expected to be similar to the expenditure in 2012 and 2013. The Deputy may wish to note that protection related legal costs are also incurred by the Chief State Solicitor's Office.

The Irish Naturalisation and Immigration Service (INIS) estimates that the overall costs to the State for provision of services to protection applicants for the years 2009 to 2013 are as follows, €185m, €174m, €153m, €129m and €91.4m respectively. Figures in relation to 2014 have not yet been finalised. The reduction in costs is related to the numbers of persons in the system at any given time, particularly in relation to the numbers in the direct provision system which is the largest single expenditure item. The question of costs of the Direct Provision system were examined in considerable detail in the 2010 Value for Money (VFM) Report which is available on the RIA website - www.ria.gov.ie. The Report found that there are no cheaper alternatives to the Direct Provision system and that any other system which by necessity would entail payment of rent supplement, rent benefits and so forth would be twice the cost. Moreover such a system would amount to a major pull factor which in turn would give rise to further costs which based on patterns would likely to be very significant.

Visa Applications

Questions (445)

Barry Cowen

Question:

445. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide an update on the case of a person (details supplied) in County Offaly; when the person can expect a decision on an application for a visa. [28417/15]

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Written answers

I am informed by officials in the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a 'join family' visa from the person referred to by the Deputy was received in the Visa Office, Dublin on 7 April, 2015. I am further advised that 'join family' visa applications, where the sponsor is a non-EEA national, can be expected to be dealt with within 12 months of receipt of all the required documentation as set out in the Family Reunification Policy Document published on 1 January, 2014. This business target reflects the detailed assessment that is required to be carried out in relation to applications for family reunification. Applications are processed in order of date received in the Dublin Visa Office.

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 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.

Refugee Data

Questions (446)

Eoghan Murphy

Question:

446. Deputy Eoghan Murphy asked the Minister for Justice and Equality the agreed number of residents in each location (details supplied) for the years 2011 to 2014 and for 2015 to date; and the percentage increase or decrease in per diem fees over these periods. [28445/15]

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Written answers

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. Currently, there are over 4,599 residents in 34 centres across the State under contract to RIA. Details of all of these centres and the companies or persons RIA has contracted to provide accommodation services are published in RIA's Annual Reports available on its website - www.ria.gov.ie.

All centres are managed by private companies under contract to RIA. Seven of the 34 centres are State owned – i.e. the land and buildings are owned by the State – while the remainder are owned or leased by private entities. There is a difference in the rates as State-owned facilities are not obliged to pay for rent, maintenance and utilities. None of the three centres which are the subject of this question is State owned. The rate paid to commercially owned centres is an all-in price that includes: VAT, staffing; energy and other utility costs; housekeeping; catering; security; maintenance, capital maintenance; etc. Rates also vary depending on the location of and the services available in each centre.

In fulfilling its general accommodation responsibilities, RIA does not own, lease or rent premises from commercial contractors. Rather, it contracts in a comprehensive range of services and facilities, including accommodation, housekeeping and so on, for a fixed sum over the period of a contract. The amounts paid reflect this all-in price. Generally, it can be said that there are three variables in a standard contract between RIA and the service provider: the numbers to be accommodated in the centre i.e. its capacity; the length of the contract; and the per person per day rate paid i.e the per diem rate. It is not possible to provide values for current contracts entered into by RIA. Negotiations take place with a number of commercial entities on an ongoing basis and RIA endeavours to achieve the best value for money in respect of each contract. It is not in the interests of yielding best value for the taxpayer that details of current individual contracts are known to the public or to other parties who are, or may be in the future, engaged in negotiations with RIA.

Contract expiry dates are deliberately 'staggered' throughout the year and can span a period of months or years. Thus for the purposes of this question, the date of 1st July was chosen for comparison purposes in each of the three centres cited.

-

Contract capacity on 1 July 2011

Contract capacity on 1 July 2012

Contract capacity on 1 July 2013

Contract capacity on 1 July 2014

Contract capacity on 1 July 2015

Centre 1

369

369

369

269

310

Centre 2

175

175

175

175

175

Centre 3

130

63

20

24

60

The percentage increase/decrease on the per person per day rate (per diem) was calculated based on the rate applicable on 1st July each year. Note that in 2012, in relation to a number of contracts RIA negotiated certain per diem rates downwards in the light of the financial pressures then prevailing on the State.

-

Centre 1:

% change over preceding year

Centre 2:

% change over preceding year

Centre 3:

% change over preceding year

2011

0%

0%

0%

2012

-19.90%

-5.17%

0%

2013

0%

0%

0%

2014

+8.89%

0%

0%

2015

0%

0%

0%

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