Tuesday, 6 Oct 2015

Written Answers Nos 392-416

Basic Payment Scheme Payments

Questions (392)

Michael Ring

Question:

392. 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 areas of natural constraint scheme. [34432/15]

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 1 April 2015. Processing of the application under the Areas of Natural Constraints Scheme is currently in progress. On completion of this process, the application will be further reviewed with a view to payment issuing directly to the nominated bank account of the person named at the earliest possible date.

Disadvantaged Areas Scheme Payments

Questions (393)

Michael Creed

Question:

393. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork has not received a payment under the disadvantaged areas scheme; and if he will make a statement on the matter. [34455/15]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted a 2015 Basic Payment /Areas of Natural Constraint Scheme application on 28 April 2015.

EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.

Advance payments under the Basic Payment Scheme will commence issuing to eligible applicants from 16 October 2015.

The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection is currently being processed with the intention of issuing any payment due under the Areas of Natural Constraints Scheme as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Agriculture Scheme Appeals

Questions (394)

Charlie McConalogue

Question:

394. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the status of an appeal submitted to his Department by a person (details supplied) in County Donegal; if he will ensure that the circumstances of the appeal will be fully considered, given that the site inspection took place in November 2014; and if he will make a statement on the matter. [34477/15]

Written answers

Minister for Agriculture, Food and the Marine

The Agriculture Appeals Office has confirmed that an appeal has been received from the person named. The file and a statement on the appeal have been received from the Department of Agriculture, Food and the Marine and the appeal has been assigned to an Appeals Officer. As an oral hearing has been requested in this case, the Appeals Office will be in direct contact with the person named regarding the scheduling of this hearing shortly. All of the facts of the case will be fully considered and a comprehensive decision letter will issue following the oral hearing.

Beef Data Programme

Questions (395)

Michael Ring

Question:

395. 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 2013 beef data programme; and if he will make a statement on the matter. [34496/15]

Written answers

Minister for Agriculture, Food and the Marine

The above applicant applied to join the 2013 Beef Data Programme on the 13 May 2013. Under the Terms and Conditions of the Scheme participants were required to submit data for animals born up to 31 October 2013 by 30 April 2014 and for animals born between 1 November and 31 December 2013 when the animals were 6 months old.

The data required was not submitted within the required timeframes and so the applicant was not eligible for payment. The person named subsequently requested a review of the decision and based on the information submitted at review it was agreed that the late data would be accepted. Payment will issue as soon as possible on foot of this decision.

Agri-Environment Options Scheme Appeals

Questions (396)

Paul Connaughton

Question:

396. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive a decision on an appeal against a penalty applied in 2015 under the agri-environment options scheme; and if he will make a statement on the matter. [34498/15]

Written answers

Minister for Agriculture, Food and the Marine

The person named was approved for participation in the 2010 Agri Environment Options Scheme (AEOS 1) with effect from 1 November 2010 and received payments in respect of the scheme years 2010, 2011, 2012, 2013 and 2014.

The application of the person named was selected for an on-farm inspection in 2014, during which non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Traditional Stone Wall Maintenance action. The length found to be eligible for payment was reduced from 3410m to 2183m, which resulted in a 100% reduction in payment for that action for the year of the inspection. The person named was notified of the inspection finding on 19 January 2015.

The person named appealed the inspection finding to the Regional Inspector. The outcome of the review was notified to the person named by letter of 05 October 2015. The decision to apply the penalty remains unchanged as the undertakings for the Action were not completed in accordance with the AEOS specifications. The person named has the right to appeal this decision to the Agriculture Appeals Office.

Disadvantaged Areas Scheme Payments

Questions (397)

Pat Breen

Question:

397. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment under the disadvantaged areas scheme will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [34513/15]

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 17 February 2015. Processing of the Areas of Natural Constraints Scheme application has recently been finalised with payment under the ANC scheme due to issue shortly directly to the nominated bank account of the person named.

Fisheries Protection

Questions (398)

Brendan Smith

Question:

398. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine when the findings of a report on the effects of the seal population on fish stocks, which was commissioned by his Department, will be published; and if he will make a statement on the matter. [34529/15]

Written answers

Minister for Agriculture, Food and the Marine

While my Department has not commissioned such a report as the Deputy describes, I understand that the Marine Institute, as part of the Beaufort Research Consortium which also includes University College Cork and Queen’s University Belfast, is involved in research on interactions between seal populations and sea-fisheries. The consortium project itself is a seven year, €3.9m research programme funded under the Irish Beaufort Marine Research Awards . The aim is to develop an Ecosystem Approach to Fisheries Management for Irish Waters that is directly useful for fisheries management under Irish responsibility. Publication of its research is a matter for the consortium itself.

Anti-Social Behaviour

Questions (399)

Finian McGrath

Question:

399. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine his plans to erect signs along Howth Harbour in County Dublin informing persons that consumption of alcohol is strictly prohibited; and if he will make a statement on the matter. [34559/15]

Written answers

Minister for Agriculture, Food and the Marine

The Department of Agriculture, Food and the Marine, owns and directly manages six Fishery Harbour Centres located at Howth, Dunmore East, Castletownbere, Ros an Mhíl, Killybegs and An Daingean.

Departmental signage, addressing Health & Safety matters primarily, is present at each of the Centres, including Howth.

Anti social behaviour in areas such as Howth harbour tends to become more prevalent during the summer period and in this regard I can inform the Deputy that a special Garda operation (Operation Irene) was put in place for the period 1 June to 30 August this year. This operation targeted anti-social behaviour including the consumption of alcohol in public places in Howth.

The Deputy will be aware that signage in the Howth area, outside the precincts of the Fishery Harbour Centre, is primarily a matter for Fingal County Council.

While there are currently no plans to erect signs informing persons that consumption of alcohol is prohibited within the confines of Howth Fishery Harbour Centre, all matters relating to Departmental signage are kept under ongoing review.

My Department’s officials and in particular Harbour management at Howth continue to liaise closely with An Garda Síochána, Fingal County Council and other key stakeholders regarding all matters relating to anti social behaviour and the prevention of crime generally.

Departmental Reports

Questions (400)

Clare Daly

Question:

400. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 126 of 17 June 2015, the location where the work plan, either annual or multi-annual; and the reports, either annually, quarterly or otherwise, of the monitoring and compliance unit established by his Department can be accessed. [34571/15]

Written answers

Minister for Agriculture, Food and the Marine

The Monitoring & Compliance Unit forms part of the Aquaculture and Foreshore Management Division of my Department. The Unit has a current staffing allocation of 1 Higher Executive Officer, 1 Executive Officer and 1 Clerical Officer.

The work of the unit includes:

- the management of the “cross compliance” principle in respect of the terms and conditions of aquaculture licenses

- The management of debt in respect of aquaculture licences

- The management of Integrated Systems Inspections where appropriate

- The management of Foreshore Licence applications in respect of aquaculture related activities (including the sourcing of fresh water for marine fin fish farms)

The work of the unit is integrated with the normal business plan prepared annually by the Aquaculture and Foreshore Management Division of my Department.

Control of Dogs

Questions (401)

Noel Grealish

Question:

401. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine if he is aware of a current petition concerning threats to dog welfare associated with the current Control of Dogs Act 1998 regulations; if the Irish Society for the Prevention of Cruelty to Animals, Dogs Trust Ireland, or the Irish Blue Cross have contacted him concerning these allegations; if this matter will be investigated under the Animal Health and Welfare Act 2013; and if he will make a statement on the matter. [34631/15]

Written answers

Minister for Agriculture, Food and the Marine

Implementation of the Control of Dogs Act 1998 comes under the aegis of the Minister for the Environment and Local Government. To date my Department has not been contacted by the organisations in question. If the Deputy is aware of any allegations relating to threats to dog welfare which he considers should be investigated under the Animal Welfare Act 2013, he should forward them to officers of my Department.

Agriculture Scheme Payments

Questions (402)

Michael Creed

Question:

402. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Cork has recently received a payment under the 2015 single farm payment scheme and the disadvantaged areas scheme; and if he will make a statement on the matter. [34726/15]

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 5 May 2015. Processing of the application under the Areas of Natural Constraints Scheme is currently in progress. On completion of this process, the application will be further reviewed with a view to payment issuing directly to the nominated bank account of the person named at the earliest possible date.

In relation to the Basic Payment Scheme and Greening Payment, I am pleased to confirm that advance payments will commence in Ireland on 16 October 2015, which is the earliest that payments can commence under the governing EU Regulations. In addition, I can confirm that the level of the advance payment is set at 70% for 2015 rather than the normal 50%. The increase in the advance payment for 2015 is, in particular, due to the difficulties encountered in the dairying and pigmeat sectors. Payments under the Basic Payment Scheme will commence in respect of all applicants whose applications are fully processed and who have no outstanding errors from 16 October 2015.

Rural Development Plan

Questions (403)

Michael Creed

Question:

403. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine his plans to amend regulations regarding participation in the knowledge transfer programme under the rural development plan, in particular as it relates to substitute members, participation in more than one group, and proposals to involve a vet in the herd health plan; and if he will make a statement on the matter. [34727/15]

Written answers

Minister for Agriculture, Food and the Marine

Under the 2014-2020 Rural Development Programme Knowledge Transfer Groups across a range of sectors, including beef, dairy and sheep, will be established. The design of the measure has been informed by experience from previous discussion groups, extensive stakeholder consultation, and the relevant EU regulations. Participants are required to attend Knowledge Transfer Group meetings and complete a Farm Improvement Plan. I believe that the combination of both farmer knowledge exchange meetings and one to one interaction between the farmer and advisor in the development of a Farm Improvement Plan will ensure the transfer and exchange of information and best practice to participating farmers.

The analysis of previous discussion group schemes and consultations leading up to the design of the Knowledge Transfer Programme highlighted the importance of addressing all aspects of a farming enterprise including profitability, environmental sustainability, farm safety and animal health and welfare measures. This is reflected in the scheme design which includes the requirement for a private veterinary practitioner (PVP) to oversee the preparation of an individual animal health and welfare plan.

While a payment to cover the PVP’s involvement is not an eligible cost under the relevant article in the Rural Development Regulation covering knowledge transfer, the time spent by the farmer in completing the Animal Health Measure aspect of the Farm Improvement Plan is included in the total payment to participating farmers. Over the period of the programme this totals €160. In effect this reduces the PVP cost over the period of the programme by €160, thereby significantly reducing the net PVP cost. The total payment to a farmer participating in a knowledge transfer group will be €2,250 over the three years.

As currently constituted, participation in more than one Knowledge Transfer Group across sectors is not permitted. This is largely due to potential double funding which would arise from the completion of more than one Farm Improvement Plan for a single farming enterprise. I have, however, asked my officials to examine how farmers could participate in more than one Knowledge Transfer group across two sectors, while at the same time avoiding double funding issues.

The issue of allowing a named nominee to attend a Knowledge Transfer Group has been raised on a number of occasions. Following on from further consideration of this issue, an appropriate named nominee will now be allowed to attend meetings in the place of a farmer participating in a Knowledge Transfer Group. This would include spouses/partners or children of 18 years or more.

Departmental Staff Data

Questions (404)

Patrick O'Donovan

Question:

404. Deputy Patrick O'Donovan asked the Minister for Defence the numbers of supernumerary positions in his Department, and those agencies, organisations or bodies funded by his Department; the maximum period in each case that supernumerary positions have existed; the total cost in maintaining supernumerary positions; and if he will make a statement on the matter. [34139/15]

Written answers

Minister for Defence

The Defence Organisation includes civil servants, military personnel, and civilian employees attached to military installations.

The current Defence Forces strength is below the authorised figure of 9,500. Notwithstanding this, there are five temporary supernumerary positions within the ranks outlined in the following table.

Rank	Number of Staff	Duration	Per Annum Cost*
Commandant	2	June 2015 to date	€104,588
Lieutenant	3	December 2012 to date	€128,964

*These figures include Military Service Allowance.

There are no civil servants or civilian staff in supernumerary positions in my Department.

Defence Forces Properties

Questions (405)

Ruairí Quinn

Question:

405. Deputy Ruairí Quinn asked the Minister for Defence if he will ensure that the Rathmines College football team continues to have free access to the football pitch at Cathal Brugha Barracks, as has been the case for a number of years; and if he will make a statement on the matter. [34163/15]

Written answers

Minister for Defence

It is the policy of the Department of Defence to charge a minimal fee for the use by organisations of Defence Forces facilities. The playing pitch in Cathal Brugha Barracks is used on a regular basis by several local schools and clubs who pay an annual fee for the use of the facilities. I am aware that a request for the use of the playing pitch has been received in my Department from Rathmines College . I have been advised that my officials have been in contact with the College in recent days to discuss their requirements with them with a view to reaching agreement on the use of the playing pitch.

Pension Provisions

Questions (406)

Clare Daly

Question:

406. Deputy Clare Daly asked the Minister for Defence further to Parliamentary Question No. 345 of 29 September 2015, if he is aware that the individual concerned made an application to the Army Pensions Board in May 2014, but was not called to the medical board until April 2015. [34470/15]

Written answers

Minister for Defence

I am advised that the individual in this case was discharged from the Defence Forces in May 2013, and that he made his application for a disability pension in May 2014 and was seen by the Army Pensions Board in April 2015.

As outlined previously, the nature of disability pension applications means that the procedure for investigating them takes some time to complete. The length of time taken to process these applications is also subject to the availability of the members of the Army Pensions Board and to the fact that all applications are dealt with in chronological order.

I can confirm that my Department has now received the written report of the Army Pensions Board in this case and will be writing to the applicant to advise him of the decision regarding his application. The Deputy may wish to note that in the event that a disability pension is awarded in this case, the terms of the Army Pensions Acts provide that payment will be backdated to the individual’s date of discharge in 2013.

Military Archives

Questions (407, 408)

Finian McGrath

Question:

407. Deputy Finian McGrath asked the Minister for Defence further to Parliamentary Question No. 346 of 29 September 2015, the reason the Data Protection Commissioner has intervened to block access to 1939 to 1945 intelligence files held at the Military Archives in Cathal Brugha Barracks in Dublin 6; if this intervention was further to a complaint by a relative of a living or deceased person named in the files; and if he will make a statement on the matter. [34737/15]

Finian McGrath

Question:

408. Deputy Finian McGrath asked the Minister for Defence further to Parliamentary Question No. 346 of 29 September 2015, the number of the G2 (military intelligence) files that concern persons from the 1939 to 1945 period who are still living; if the files of deceased persons can be made available forthwith; and if he will make a statement on the matter. [34738/15]

Written answers

Minister for Defence

I propose to take Questions Nos. 407 and 408 together.

Public access to the files in question was temporarily closed in July 2014. This decision was taken by the Officer in Charge of Military Archives in order that a review be conducted arising from his concerns that release of files may breach the right to privacy of individuals, under the Data Protection Act. The Data Protection Commissioner had no role in this decision.

The review of relevant files is on-going but until all files have been examined it will not be possible to quantify the number of files that relate to individuals who are still alive . Files that relate to deceased persons only will be released, prior to the conclusion of the review, but in this regard it should be noted that this is not possible where these files refer to other individuals who are still alive.

Defence Forces Equipment

Questions (409)

Maureen O'Sullivan

Question:

409. Deputy Maureen O'Sullivan asked the Minister for Defence the number of Army, Naval Service and Air Corps uniforms that have gone missing, or are unaccounted for, in the past five years. [34741/15]

Written answers

Minister for Defence

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.

Legislative Measures

Questions (410)

Gabrielle McFadden

Question:

410. Deputy Gabrielle McFadden asked the Minister for Justice and Equality for an update on the legislative progress of the Scheme of Mental Capacity Bill 2008; and if she will make a statement on the matter. [33986/15]

Written answers

Minister for Justice and Equality

The Assisted Decision-Making (Capacity) Bill 2013, based on the General Scheme of the Mental Capacity Bill 2008, completed Dáil Committee Stage on 17 June 2015. The Bill is scheduled to go before the Dáil for Report Stage on 21 October 2015. The aim is that the Bill will be enacted by the end of this year.

Departmental Legal Costs

Questions (411)

Michael McGrath

Question:

411. Deputy Michael McGrath asked the Minister for Justice and Equality the legal costs that have arisen to the State from a case (details supplied); and if she will make a statement on the matter. [34192/15]

Written answers

Minister for Justice and Equality

The Chief State Solicitor's Office (CSSO) acts on my behalf in civil actions involving my Department and all costs in relation to legal advice or assistance given in relation to such civil actions are borne by that Office. Accordingly, the payment of these legal costs is not a matter for my Department.

Prisoner Data

Questions (412)

Michael Fitzmaurice

Question:

412. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality the number of persons in prison for each of the years, 2010 to 2015; the number who have been identified as having from mental health problems; and if she will make a statement on he matter. [34627/15]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that the following table shows the number of persons in custody in the Irish Prison Service for the period 2010 to 2015. These figures are based on the daily average in custody in each particular year.

Year	Daily Average
2015 (to 5th October)	3,719
2014	3,915
2013	4,158
2012	4,318
2011	4,390
2010	4,290

The Irish Prison Service ensures the delivery of appropriate healthcare services to persons in custody by way of the primary healthcare model. It is the policy of the Irish Prison Service that all prisoners are provided with an equivalent level of healthcare as is available to those entitled to General Medical Scheme services in the community. This service is provided by using multi-disciplinary and intra-disciplinary working processes.

All prisoners are medically assessed on committal to prison and treated as required. This includes a mental health assessment which can be employed to develop an individual care plan. Following a clinical assessment, where clinically indicated, the person is referred to a forensic clinician and professional Inreach healthcare services are provided for a range of healthcare needs. When required, a doctor or other healthcare professional operating in the prison environment, can treat or make a referral to other Inreach healthcare services or to external services

Inreach mental health services are available in the Dublin, Portlaoise and Castlerea prisons through collaboration with the HSE/National Forensic Mental Health Service to provide forensic mental health sessions weekly in these prisons. The Irish Prison Service, in partnership and collaboration with the HSE, provides Specialist Inreach, Consultant-led Psychiatric services to those in custody in the remaining closed prisons. The National Forensic Mental Health Service also provides an assessment and liaison service for all other prisons where a prisoner requires a forensic assessment or access to an admission bed in the Central Mental Hospital.

The Irish Prison Service has access to a limited number of beds in the Central Mental Hospital for prisoners who require residential mental health treatment. The availability of additional beds at the Central Mental Hospital in 2009 has been of considerable assistance to prison management and healthcare staff in tackling waiting lists for prisoners who require admission to the Central Mental Hospital and in providing appropriate mental healthcare to treat acutely mentally ill prisoners. I have been advised by the Irish Prison Service that it does not collate the information requested by the Deputy regarding the number that have been identified as suffering from mental health problems.

Paternity Leave Scheme

Questions (413)

Eric J. Byrne

Question:

413. Deputy Eric Byrne asked the Minister for Justice and Equality her plans on paternity leave (details supplied); and if she will make a statement on the matter. [34245/15]

Written answers

Minister of State at the Department of Justice and Equality

As previously announced, the Government has approved the drafting of a new Family Leave Bill to consolidate with amendments all existing family leave entitlements into one piece of legislation. As part of that process, active consideration is being given to the introduction of two weeks paid paternity leave - as announced previously by the Tánaiste and Minister for Social Protection. The timing of the introduction of any such leave and of the associated social welfare benefit would depend on the enactment of the necessary legislation.

Garda Stations

Questions (414)

Gabrielle McFadden

Question:

414. Deputy Gabrielle McFadden asked the Minister for Justice and Equality her plans to provide funding for a new Garda station in Athlone in County Westmeath; and if she will make a statement on the matter. [33987/15]

Written answers

Minister for Justice and Equality

The programme of replacement and refurbishment of Garda accommodation around the country is based on agreed accommodation priorities which are established by An Garda Síochána. This programme is progressed by the Garda Authorities in co-operation with the Office of Public Works (OPW), which has responsibility for capital expenditure in this area

In this context, An Garda Síochána and the OPW have developed proposals for the re-development of Athlone Garda Station which incorporates the former Department of Social Protection building adjacent to the Garda Station. The re-development of Athlone Garda Station will be considered in the context of the funding available for Garda capital works, the accommodation priorities in the Westmeath Garda Division and the overall accommodation needs across the Garda estate.

In relation to the matter of funding, I very much welcome the additional €18 million provided under the Capital Plan 2016-2021 for the refurbishment of Garda stations throughout the country. This funding will prove invaluable in allowing us to modernise and refurbish older Garda stations at key locations around the country, ensuring a safe, modern working environment for Gardai as well as fit-for-purpose facilities for visitors, victims and suspects. I also very much welcome the commitment in the Capital Plan to develop a Public Private Partnership project to undertake new station builds and significant redevelopment works in relation to certain Garda stations that are critical to the delivery of effective policing services and tackling crime.

Garda Operations

Questions (415)

Eoghan Murphy

Question:

415. Deputy Eoghan Murphy asked the Minister for Justice and Equality if An Garda Síochána practices any form of racial profiling when investigating illegal immigration near the Border with Northern Ireland. [34011/15]

Written answers

Minister for Justice and Equality

I am advised by the Garda Commissioner that no form of racial profiling is undertaken by An Garda Síochána in the performance of their functions.

Legislative Measures

Questions (416)

Mary Mitchell O'Connor

Question:

416. Deputy Mary Mitchell O'Connor asked the Minister for Justice and Equality the status of the Legal Services Regulation Bill; and if she will make a statement on the matter. [34026/15]

Written answers

Minister for Justice and Equality

As I have previously conveyed in my Written Reply to Question No. 360 of 29 September, the Legal Services Regulation Bill is now before the Seanad, having completed Seanad Second Stage on 13 May 2015. The Bill completed its earlier Dáil Stages on 22 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.