Tuesday, 29 Sep 2015

Written Answers Nos. 342-361

Grant Payments

Questions (342)

Michael Ring

Question:

342. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a payment under the area of natural constraint scheme. [33319/15]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2015 Basic Payments/Areas of Natural Constraints Scheme was received from the person named on 28 May 2015. Processing of which has recently been finalised. Payment will issue shortly directly to the nominated bank account of the person named.

Harbours and Piers Funding

Questions (343)

Michael Healy-Rae

Question:

343. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding funding for repairs to a pier slipway (details supplied) in County Kerry; and if he will make a statement on the matter. [33332/15]

Written answers

Minister for Agriculture, Food and the Marine

The Department of Agriculture, Food and the Marine is responsible for the six Fishery Harbour Centres located at Howth, Dunmore East, Castletownbere, Dingle, Ros an Mhíl and Killybegs. This Department is also responsible for North Harbour at Cape Clear Island and for maintaining a range of piers, lights and beacons around the coast in accordance with the 1902 ex-congested Districts Board Piers, Lights and Beacons Act. The slipway referred to by the Deputy is owned by Kerry County Council, responsibility for it’s repair and maintenance rests with that Local Authority and their parent Department, the Department of Environment, Community and Local Government.

That said, my Department has in previous years provided funding to Local Authorities for small scale development and repair of Local Authority owned piers, harbours & slipways subject to the availability of exchequer funding. In 2015 I allocated €2.7 million for this purpose.

On the 20th March 2014, as part of the Governments overall co-ordinated response to the damage caused by the winter storms in 2013 and 2014, I approved a total of €8.5 million in funding for a once off programme to the repair of the public pier, harbour and slipway network linked to fisheries and aquaculture. I have also allocated €1.4 million in 2015 for the purpose of completing unfinished, eligible Local Authority projects originally approved under the 2014 Storm Damage Programme.

No application was received from Kerry County Council in relation to the particular slipway referred to by the Deputy, under either the Storm Damage Programme 2014 or the 2015 Harbour Development Scheme & Marine Leisure & Marine Tourism Programme.

Any application submitted by Kerry County Council in respect of this slipway under a future Local Authority capital programme, will be given consideration in the context of the criteria set out, available Exchequer funding and overall national priorities.

Wildlife Protection

Questions (344)

Niall Collins

Question:

344. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the reason an area in County Limerick between Fedamore and Grange has been designated as an area of special interest for geese and swans, which has resulted in a number of farmers, who would like to participate in the green low-carbon agri-environmental scheme to boost their farm incomes, walking away from the scheme because the costs of compliance with this designation would be in excess of any financial benefit they would receive from the scheme itself; given the consultation process carried out by the National Parks and Wildlife Service for previous special protection area designations, the reason why a number of changes were made before the May 2015 deadline to the specification of the scheme covering birds such as the hen harrier, but there was no relaxation of the specification for geese and swans; and if he will make a statement on the matter. [33434/15]

Written answers

Minister for Agriculture, Food and the Marine

The matter of designation of lands under the Birds or Habitats Directives is a matter in the first instance for the Minister for Arts, Heritage and the Gaeltacht. One of the Priority Environmental Assets that guarantees entry to the GLAS scheme is the presence of Geese and Swan Habitat on the farm and these areas have been identified nationally at LPIS parcel level using mapping data provided by the National Parks and Wildlife Service.

The farming prescription for Hen Harrier sites was reviewed as the restrictions on the application of fertilisers impacted on fodder production. The same restrictions on fertiliser use are not required on geese and swan sites.

I will shortly be opening the second tranche for the submission of GLAS applications and have been considering the requirements for Geese and Swan sites for Tranche 2 applications to provide flexibility in delivering this action under the scheme.

Pension Provisions

Questions (345)

Clare Daly

Question:

345. Deputy Clare Daly asked the Minister for Defence the reason a person (details supplied) has been before the Army Pensions Board four times to ascertain an entitlement to a pension and to assess that person's level of disability, while, as yet, no payment has been made. [33331/15]

Written answers

Minister for Defence

The Army Pensions Board is an independent statutory Board appointed to investigate disability applications under the Army Pensions Acts and to report to the Minister thereon. The Board determines the question of attributability to military service in each case; assesses the degree of disability; and reports its findings to the Minister, who acts on this report and decides whether it is in order to make an award. Under the relevant Regulations the Minister may refer the report back to the Board for further consideration on such points as the Minister may consider necessary, and the Board shall reconsider such points and return the report to the Minister.

The applicant in this case was examined by the Army Pensions Board on one occasion only, in June 2015. Clarification was however required in relation to some matters and so the case had to be referred back to the Board on a number of occasions. My Department expects to receive the written report of the Board by the end of this week. The applicant will be written to in the near future and advised of the decision regarding his application.

I should mention that if the applicant is awarded a disability pension, Section 13(2) of the Army Pensions Act, 1923 will apply as he has received compensation for an injury which forms part of his disability pension application. Section 13(2) provides that any alternative compensation received by an applicant under the Army Pensions Acts may be taken into consideration in fixing the level of disability pension that might otherwise be awarded for the same injury.

Military Archives

Questions (346)

Finian McGrath

Question:

346. Deputy Finian McGrath asked the Minister for Defence the reason researchers and historians who are seeking access to military intelligence, G2, files at the Military Archives at Cathal Brugha Barracks in Rathmines in Dublin 6 are being informed that the collection has been closed for review; what prompted the review; when will the files be reopened; and if he will make a statement on the matter. [33341/15]

Written answers

Minister for Defence

I understand that the collection that is referred to in the question contains files created by the Defence Forces Directorate of Intelligence and relate primarily to the period 1939-1945. The material from this collection was temporarily closed for public access in July 2014 in order that a review be conducted arising from concerns that release of files may breach the right to privacy of individuals, under the Data Protection Act. The data protection review of the collection is ongoing.

In addition, an evaluation by a paper conservator is also being carried out at present to assess the damage caused to the records when they are taken from their archival boxes. The conservator has been tasked to conduct an assessment of the paper type and characteristics of the collection, and to make recommendations regarding handling and future access. A date for the reopening of the collection will be provided upon completion of the data protection review and the submission of a report by the paper conservator.

Defence Forces Reserve Strength

Questions (347, 348, 349, 351)

Seán Ó Fearghaíl

Question:

347. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he will provide, in tabular form, the number of applications to join the Reserve Defence Force, both Army and Naval Service, in 2012, 2013, 2014 and to date in 2015; the number of applications approved in each year; and the number of positions taken up in each year. [33394/15]

Seán Ó Fearghaíl

Question:

348. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he will provide, in tabular form, the number of persons who left the Reserve Defence Force, both Army and Naval Service, in 2012, 2013, 2014, and to date in 2015. [33395/15]

Seán Ó Fearghaíl

Question:

349. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of applications for Garda Síochána vetting made by the Defence Forces for prospective members of the Reserve Defence Force in 2012, 2013, 2014 and to date in 2015. [33396/15]

Seán Ó Fearghaíl

Question:

351. Deputy Seán Ó Fearghaíl asked the Minister for Defence the personnel strength of the Army reserve and the Naval Service reserve at the end of 2012, 2013 and 2014 and the latest available figure for 2015. [33398/15]

Written answers

Minister for Defence

I propose to take Questions Nos. 347 to 349, inclusive, and 351 together.

It was not possible to provide the information requested by the Deputy in the time available. My Department is currently seeking to compile a reply and I shall provide the information directly to the Deputy when it comes to hand.

Naval Service Operations

Questions (350)

Seán Ó Fearghaíl

Question:

350. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of days spent at sea by members of the Naval Service reserve in 2012, 2013 and 2014 and to date in 2015. [33397/15]

Written answers

Minister for Defence

The number of days spent at sea by members of the Naval Service Reserve in 2012, 2013, 2014 and to date in 2015 is as follows:

No. of Days	2012	2013	2014	2015 (to date)
NSR days at sea	488	576	130	58

Question No. 351 answered with Question No. 347.

Departmental Funding

Questions (352, 357)

Clare Daly

Question:

352. Deputy Clare Daly asked the Minister for Justice and Equality her views on concerns raised by the membership organisations of the National Women’s Council of Ireland arising from the 45% cut to its core funding since 2010; and her plans to restore its core funding in the upcoming budget. [32728/15]

Pádraig MacLochlainn

Question:

357. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her views regarding concerns raised by the membership organisations of the National Women’s Council of Ireland arising from the 45% cut to its core funding since 2010; her plans to restore its core funding in the upcoming budget. [32816/15]

Written answers

Minister of State at the Department of Justice and Equality

I propose to take Questions Nos. 352 and 357 together.

My Department has been very supportive of the work of the National Women’s Council of Ireland and has consistently provided core funding for its activities that correspond with the aims of the National Women’s Strategy and EU gender equality policy. Ongoing and regular dialogue between the NWCI and the Department is maintained and, indeed, I had a constructive meeting with the CEO as recently as June of this year, during which the NWCI outlined its case for funding in future years.

I acknowledge the reduction in funding since 2010 but equally highlight that for 2014 and 2015 the allocation has remained the same. Furthermore, Minister Fitzgerald and I approved an additional grant of €50,000 for the NWCI's Working with Young Women initiative in 2014.

The decision on the grant to NWCI for next year will be taken in the context of the 2016 Estimates.

Domestic Violence Policy

Questions (353)

Thomas P. Broughan

Question:

353. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 382 of 3 February 2015, the progress of reforming and consolidating the Domestic Violence Acts; provisions that will be made to strengthen the protection for siblings and relatives who do not reside with perpetrators of violence, harassment, threatening, and intimidating behaviour; and if she will make a statement on the matter. [32739/15]

Written answers

Minister for Justice and Equality

The General Scheme of a Reformed and Consolidated Domestic Violence Bill was approved by Government on 16 July 2015 and is currently being drafted. The General Scheme is focused on improving the protections that are available to those who are at greatest risk of domestic violence. These are spouses, civil partners and those cohabiting in an intimate and committed relationship, parents and persons who have had a child together. The protections also extend to dependents who are under 18 or under 23, if in full-time education, or who have a physical or intellectual disability which prevents them from living independently. The legislation thus extends to quite a wide range of family relationships. It is not proposed at this stage to extend the definition further as criminal law mechanisms are available for use by other categories of relatives.

Proposed Legislation

Questions (354)

Michael McCarthy

Question:

354. Deputy Michael McCarthy asked the Minister for Justice and Equality her views on reducing the bankruptcy period to one year; the examination carried out by her Department on the impact of such a proposal; and if she will make a statement on the matter. [32755/15]

Written answers

Minister for Justice and Equality

As the Deputy is aware, a proposal to reduce the bankruptcy period to one year is contained in a Private Members Bill published by Deputy Willie Penrose earlier this year.

At my request, the Oireachtas Joint Committee on Justice, Defence and Equality considered the general question of bankruptcy reform and reported to me on 8 July on the matter. It recommended, inter alia, a 1 year bankruptcy term.

The Joint Committee's report is at present under examination in my Department, and I intend to bring the matter to Government in due course. Over this period I and my Department have also been concentrating on finalising the insolvency amendment legislation enacted at the end of July, and on putting in place a range of necessary inputs for the Government action plan on support to borrowers in mortgage arrears.

Direct Provision System

Questions (355)

Terence Flanagan

Question:

355. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the direct provision system (details supplied) in Dublin 13; and if she will make a statement on the matter. [32761/15]

Written answers

Minister for Justice and Equality

In October 2014 a Working Group to report on improvements to the Protection Process, including Direct Provision and Supports for Asylum Seekers was established by myself and Minister of State Ó Ríordáin. The Working Group was chaired by former High Court Judge, Dr. Brian McMahon, and its membership was drawn from a range of interests in the international protection area including UNHCR, non-governmental organisations, protection applicants, academia and relevant Government Departments and Offices.

The Report of the Working Group which was published on 30 June 2015, contains 173 recommendations many of which have implications for a number of Government Departments and services.

The Report identifies the excessive length of time in the protection system as the most significant issue facing those in Direct Provision. I am committed to tackling the lengthy delays in the protection system. A number of initiatives have already been taken to deal with the number of cases on hand including the scheduling of interviews of applicants on Saturdays, the transfer of subsidiary protection application processing to the Office of the Refugee Applications Commissioner, the establishment of a legal panel to assist the Commissioner with this work, and the appointment of additional members to the Refugee Appeals Tribunal.

The Government has decided to bring forward as a major priority the International Protection Bill which will provide for the introduction of a single applications procedure for international protection. This reform will simplify and streamline the existing arrangements and provide applicants with a final decision on their protection application in a more straightforward and timely fashion and will also, as a consequence, reduce the length of time applicants spend in the Direct Provision system.

Section 9(4)(b) of the Refugee Act 1996 provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application. The Report of the Working Group, acknowledging government policy in this area, does not recommend any immediate right to work. It does, however, include a recommendation to provide for access to the labour market for certain protection applicants when the single procedure is operating efficiently.

The Government in its decision of the 30 June 2015 recommended that the Report of the Working Group should in the first instance be the subject of a detailed discussion at the Cabinet Committee on Social Policy and Public Service Reform. The Committee agreed that my Department should prepare a report for the Cabinet Committee, in conjunction with relevant Departments, on the legal, financial and practical implications of the Report's recommendations.

Each Department is currently examining the recommendations to determine timescales for implementation and any impacts and issues that may arise. My Department will be working with the other relevant Departments on an overall response in the coming weeks.

The Cabinet Committee also decided that the Minister of State for New Communities, Culture and Equality convene a Taskforce, as recommended in the Report, to examine the mechanisms and supports for the transitioning of persons granted status from the Direct Provision system. The work of the Taskforce is key as it is essential that persons who are granted status are supported in transitioning out of the Direct Provision system and thus do not spend any longer than is necessary in the system once a positive decision on their case has been made. The Taskforce has met on a number of occasions and has progressed a number of matters including the sourcing of appropriate accommodation in conjunction with the Department of the Environment, Community and Local Government, the production of an information pack on the range of services and supports that are available for those in the system with status and the rolling out of a Pilot Information Programme for persons granted status in a number of areas throughout the country.

Special Criminal Court Establishment

Questions (356)

Pádraig MacLochlainn

Question:

356. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if her Department is considering the establishment of a second non-jury special criminal court to hear paramilitary and gangland-related cases; and if she will make a statement on the matter. [32774/15]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, the Courts Service is responsible for the management and administration of the Courts. The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are under the Constitution independent in the exercise of their judicial functions. The Presidents monitor waiting times across all courts lists and seek to ensure the optimum use of court time.

I have been considering what measures might be taken to reduce the considerable length of time it takes for cases to come to hearing in the Special Criminal Court. When that consideration is concluded I will announce any proposals I have in this matter.

Question No. 357 answered with Question No. 352.

Anti-Social Behaviour

Questions (358)

Niall Collins

Question:

358. Deputy Niall Collins asked the Minister for Justice and Equality her plans to address anti-social behaviour in Dublin city; and if she will make a statement on the matter. [32823/15]

Written answers

Minister for Justice and Equality

I can assure the Deputy that I am in ongoing contact with the Garda Commissioner in relation to the measures which are being taken to combat crime and enhance public safety in the city centre area. I am advised that Gardaí make full use of the extensive range of legislation which is in place to address street crime and anti-social behaviour.

Tackling this type of crime is central to the overall and ongoing implementation of the Dublin City Centre Policing Plan. This involves a high-visibility uniformed presence on key thoroughfares, as well as the use of undercover Gardaí as appropriate. As part of the Garda Plan a range of dedicated policing operations and measures are in place to tackle crime and anti-social behaviour in the city centre. The resumption of Garda recruitment and the deployment of newly attested Gardaí are of course key components in providing visible policing in the city centre and elsewhere.

I think that it is widely accepted that the issues involved are not simply policing ones. The Deputy will recall that I have previously met with the key state agencies and other stakeholders in relation to various actions which are aimed at improving the general environment in Dublin City Centre, and strongly support this ongoing work.

I welcome the continued close engagement between An Garda Síochána, Dublin City Council and other agencies as well as ongoing consultation with key stakeholders, such as the Dublin City Business Forum. I am maintaining contact with these cooperative initiatives, and I understand that positive feedback is being received in relation to the policing measures being employed by the Garda authorities, and their level of engagement with business and community interests.

Garda Operations

Questions (359)

Niall Collins

Question:

359. Deputy Niall Collins asked the Minister for Justice and Equality if she will consider establishing a Dublin transport police force to police the capital's public transport services; and if she will make a statement on the matter. [32824/15]

Written answers

Minister for Justice and Equality

While I am in regular contact with the Garda Commissioner about all aspects of policing and community safety, the specific deployment of policing resources is a matter for the Garda Commissioner, as is the question on ongoing engagement with public transport operators in relation to the security and safety of the travelling public.

Insofar as the general approach to tackling these issues are concerned, I am advised that Garda management engages extensively with transport operators in the Dublin area and a range of regional and local operations have been put in place as required to address issues that have arisen at specific locations. Instances of crime and anti-social behaviour are monitored by local Garda management with the assistance of Garda Síochána Analysis Service, which results in periodic operations aimed at anti-social behaviour on and around public transport routes. I am further advised that there is effective communication with the respective control centres and that access to good quality CCTV has also been of great assistance in the investigation of complaints.

Having regard to the above, I have no plans to establish a separate transport police service for the Dublin area and investment is instead being made in enhancing the resources available for policing generally. As the Deputy will be aware, the resumption of Garda recruitment and the deployment of newly attested Gardaí is a key component in improving public safety throughout the country and the increased resources which are now coming on stream will undoubtedly benefit policing in relation to transport services in Dublin and in other areas.

Legal Services Regulation

Questions (360)

Niall Collins

Question:

360. Deputy Niall Collins asked the Minister for Justice and Equality when she expects the new legal services regulator to be fully operational; and if she will make a statement on the matter. [32825/15]

Written answers

Minister for Justice and Equality

The Legal Services Regulation Bill is now before the Seanad, having completed Seanad Second Stage on 13th May 2015. The Bill completed its earlier Dáil Stages on 22nd April 2015. Preparations are, therefore, ongoing for Seanad Committee Stage which I would anticipate taking place in the coming weeks and I will be circulating any proposed Government amendments in advance for consideration . It is the Government's continued intention that the Bill be completed by the end of this year so that the new Legal Services Regulatory Authority can come into operation at the start of 2016. Work on the Bill continues on that basis including in conjunction with the Offices of the Attorney General and of Parliamentary Counsel alongside the planning that is necessary for the accommodation, staffing and functioning of the new Regulatory Authority.

Crime Prevention

Questions (361)

Niall Collins

Question:

361. Deputy Niall Collins asked the Minister for Justice and Equality her plans to address the continuous crisis of violent burglaries; and if she will make a statement on the matter. [32826/15]

Written answers

Minister for Justice and Equality

I can assure the Deputy that I am committed to tackling burglary on a number of fronts and through a partnership approach between criminal justice agencies and the community. I have carried out a broad and urgent review of the criminal justice system's response to the problem of burglaries, including 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.

On foot of this review, I published the Criminal Justice (Burglary of Dwellings) Bill, 2015, which is before the Houses of the Oireachtas this week. The Bill targets repeat burglary offenders through bail measures and provisions concerning the imposition of consecutive sentencing for repeat burglary offending. The key objective of this legislation is to target a cohort of persistent offenders who are responsible for a great number of burglaries and clearly have no concern for the damage and distress which they inflict on others. I hope to have this new legislation enacted as soon as possible.

Insofar as the specific policing measures in place to tackle burglary are concerned, the Garda strategy to counter burglaries and related crimes has been coordinated under Operation Fiacla, which is the national operation targeting burglary using an intelligence and analysis-led approach. This sustained Garda campaign against burglary, which incorporates burglary related Operations in each Garda Division has resulted in many successes in disrupting those involved in this type of criminality. As of 31 August 2015, Operation Fiacla had led to 14,381 arrests, with 8,181 charges being brought against suspects.

I am also in ongoing contact with the Commissioner with a view to ensuring that the policing response is as effective as can be and that Garda operations take account of evolving trends and patterns in burglary offences. In this regard, I have made specific funding available for new specialised vehicles and technology to support an enhanced operational response by Gardaí to current and emerging crime threats, including burglary offences being committed by highly-mobile gangs.

Furthermore, the resumption of Garda recruitment and the deployment of newly attested Gardaí are key components in providing well resourced and visible policing throughout the country and supporting enhanced community safety. Between September 2014 and the end of this year 550 new recruits will have entered the Garda College in Templemore, and the Government remains committed to ongoing recruitment in 2016, providing communities throughout the country with the reassurance that comes from a visible and determined police force.