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Tuesday, 20 Oct 2015

Written Answers Nos. 343-363

Basic Payment Scheme Appeals

Questions (343)

Joe Carey

Question:

343. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the progress of an appeal by persons (details supplied) in County Clare under the basic payment scheme; and if he will make a statement on the matter. [36040/15]

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Written answers

The closing date for the receipt of applications under the 2015 Basic Payment/ANC Scheme was the 29 May 2015.

An application was received from the person named on 8 September 2015.

However, following the submission of a successful appeal the application of the person named will be further processed with a view to payment issuing at the earliest opportunity.

Basic Payment Scheme Appeals

Questions (344)

Joe Carey

Question:

344. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the progress of an appeal by a person (details supplied) in County Clare under the basic payment scheme; and if he will make a statement on the matter. [36041/15]

View answer

Written answers

An application under the 2015 Basic Payment/ANC Schemes was received from the person named on 9 June 2015.

The closing date for the receipt of applications was 29 May. However, applications received in the Department between 30 May and 23 June 2015 were also accepted but with a late penalty of 4% for each working day in that period that the application was late. Accordingly the late penalty to be applied in this case is 24%.

An appeal against the late penalty submitted by the person named was unsuccessful. An official from my Department has been in direct contact with the person named.

Disadvantaged Areas Scheme Payments

Questions (345)

Timmy Dooley

Question:

345. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Clare will receive a payment under the disadvantaged areas scheme and the areas of natural constraint scheme; and if he will make a statement on the matter. [36043/15]

View answer

Written answers

An application under the 2015 Areas of Natural Constraints Scheme was received from the person named on 29 May 2015. Processing of the application has recently been finalised. Payment will issue shortly, directly to the nominated bank account of the person named.

Disadvantaged Areas Scheme Payments

Questions (346)

Dara Calleary

Question:

346. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine for an update on a payment to a person (details supplied) in County Mayo, under the disadvantaged areas scheme. [36083/15]

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Written answers

An application under the Areas of Natural Constraints Scheme was received from the person named on 6 April 2015. Processing of the application 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.

GLAS Administration

Questions (347)

Martin Heydon

Question:

347. Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine if he will review the omission of new hedgerow planting from the green low-carbon agri-environment scheme, GLAS 2, given the take up of the option under GLAS 1, and the business it generated in local areas; and if he will make a statement on the matter. [36098/15]

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Written answers

The first tranche of GLAS proved hugely successful attracting nearly 27,000 applications in all.

On the basis of the commitments provided in the plans submitted with each of those applications, it is clear that we have met or exceeded our targets for the full RDP period in a number of areas. These include the planting of new hedgerows. Given that the target for this action has been met in full, the action is not being made available for Tranche 2 of GLAS. On foot of applications received under Tranche 1 alone, some 1,300 km of new hedgerows will be planted over the coming year or so, requiring the provision of 8 million plants, which will be a major boost to the sector.

However, I should point out that this action is simply being suspended for Tranche 2, not discontinued. I will review the position again for Tranche 3 in the light of uptake of remaining GLAS actions.

GLAS Administration

Questions (348)

Brendan Smith

Question:

348. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if the planting of hedgerows will be one of the measures included in tranche 2 of the green low-carbon agri-environment scheme, as in tranche 1 of the scheme; and if he will make a statement on the matter. [36107/15]

View answer

Written answers

The first tranche of GLAS proved hugely successful attracting nearly 27,000 applications in all.

On the basis of the commitments provided in the plans submitted with each of those applications, it is clear that we have met or exceeded our targets for the full RDP period in a number of areas. These include the planting of new hedgerows. Given that the target for this action has been met in full, the action is not being made available for Tranche 2 of GLAS. On foot of applications received under Tranche 1 alone, some 1,300 km of new hedgerows will be planted over the coming year or so, requiring the provision of 8 million plants, which will be a major boost to the sector.

However, I should point out that this action is simply being suspended for Tranche 2, not discontinued. I will review the position again for Tranche 3 in the light of uptake of remaining GLAS actions.

Disadvantaged Areas Scheme Payments

Questions (349)

Seán Kyne

Question:

349. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine when a payment under the areas of natural constraint scheme will be made to a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [36114/15]

View answer

Written answers

An application under the Areas of Natural Constraints Scheme was received from the person named on 29 May 2015. Processing of the application 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 (350)

Seán Kyne

Question:

350. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine when a payment under the areas of natural constraint scheme will be made to a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [36115/15]

View answer

Written answers

An application under the Areas of Natural Constraints Scheme was received from the person named on 20 April 2015. Processing of the application 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 (351)

Seán Kyne

Question:

351. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine when a payment under the areas of natural constraint scheme will be made to a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [36116/15]

View answer

Written answers

An application under the Areas of Natural Constraints Scheme was received from the person named on 28 May 2015. Processing of the application 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.

Forestry Sector

Questions (352)

Michael Healy-Rae

Question:

352. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding forestry income; and if he will make a statement on the matter. [36136/15]

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Written answers

Examining the scope for extending income averaging to forestry clear-felling profits was included in the Recommendations of the Agri-taxation Review, which was published as part of Budget 2015. In Budget 2016 it was decided to remove forestry income altogether from the "High Earners Restriction" for active foresters and farmers. This means that the profits earned from clear-felling will not be subject to income tax.

This is a very positive development for Forest owners. The precise details will be made clear in the Finance Bill.

Air Ambulance Service Provision

Questions (353)

Aengus Ó Snodaigh

Question:

353. Deputy Aengus Ó Snodaigh asked the Minister for Defence if increasing the air ambulance service's mission hours to 1,400 would require the procurement of an additional helicopter or helicopters; and if so, the cost of same. [36496/15]

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Written answers

The Air Corps currently plays a significant role in support of the HSE through the provision of an emergency inter-hospital air ambulance service. In 2005, my Department and the Department of Health completed a Service Level Agreement (SLA) which formalised arrangements for the provision of the inter-hospital air ambulance service by the Air Corps. This SLA was renewed in October, 2011 and provides for inter-hospital transfer by air for patients with medical conditions that require urgent treatment at a hospital within Ireland or in the UK. There has been a significant use of this service in recent years with 109 inter-hospital missions being completed in 2014, 102 in 2013 and 108 in 2012.

In addition, the Air Corps also supports the HSE’s Emergency Aeromedical Support (EAS) service which operates on a daily basis out of Custume Barracks, Athlone. This service commenced in June 2012 and was established, initially on a pilot basis, by agreement between my Department and the Department of Health in order to assess the level and type, if any, of dedicated emergency aeromedical support needed to assist the National Ambulance Service, primarily in the west of Ireland. Following a report of an inter-agency EAS Establishment Group which looked at the various options for service provision, a permanent service has now been established following a Government decision in July 2015. This is based on the Air Corps providing a dedicated helicopter operating out of Custume Barracks Athlone, with reserve support being provided by the Irish Coast Guard. Whilst the Government's decision provided that the Air Corps' involvement in the service shall not exceed current levels in terms of the number of helicopters, it was also decided that the various options considered in the report are to be kept under review in the context of ensuring a sustainable long-term service arrangement.

Defence Forces Properties

Questions (354)

Seán Ó Fearghaíl

Question:

354. Deputy Seán Ó Fearghaíl asked the Minister for Defence if his Department requested Kildare County Council to delist any structures at the Magee Barracks site in Kildare town; if, in the event of the sale of this property, he will make arrangements for the retention and preservation of the historic gates and their allied boundary railings; and if he will make a statement on the matter. [36535/15]

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Written answers

In December 2011 the Department of Defence formally requested that the Council delist the protected structures on the site of the former Magee army barracks in Kildare. The request followed on from the Department’s submission in September 2011, to the proposed local area plans for Maynooth, Newbridge and Kildare Town. It was made on the basis that consideration was being given to the demolition of buildings on the site that had been the focus of unsocial behaviour and had been severely vandalised to the extent that only concrete shells remain. While the reference to the buildings and structures being listed was included in the Magee Barracks Local Area Plan 2005 no reference to them was mentioned in either of the Kildare County Development Plans 2005 or 2011.

The question of the future of the main gates of the former barracks is currently being considered by my officials.

Defence Forces Records

Questions (355)

Finian McGrath

Question:

355. Deputy Finian McGrath asked the Minister for Defence his plans for a recruitment drive for the Naval Service and for the Air Corps; and if he will make a statement on the matter. [36550/15]

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Written answers

The Government is committed to maintaining the stabilised strength of the Permanent Defence Force at 9,500 personnel, comprising of 7,520 Army, 886 Air Corps and 1,094 Naval Service as stated in the 2015 White Paper on Defence. I am advised by the Military Authorities that the strength of the Permanent Defence Force, at 31 August 2015, the latest date for which details are available, was 9,082, comprising 7,337 Army, 726 Air Corps and 1,019 Naval Service.

The manpower requirement of the Defence Forces is monitored on an ongoing basis in accordance with the operational requirements of each of the three services. As there is significant turnover of personnel in the Permanent Defence Force, targeted recruitment has been and is currently taking place so as to maintain the agreed strength levels.

A total of 157 personnel have been inducted into the Army to date in 2015 from the panels formed from the General Service recruitment competition which was launched in March 2014. The induction of a further 80 Recruits in the coming months will result in these panels being exhausted. A new General Service recruitment campaign for the Army was launched on 4 August 2015. The induction of successful candidates from this competition is expected to commence in early 2016.

A recruitment competition for General Service Recruits for the Naval Service was launched on 6 March 2015. The selection process for this competition is progressing and 40 personnel have been recruited from this panel this month. It is planned that a further 40 will be recruited from the same panel in December 2015. Air Corps General Service Recruits are drawn from the Army General Service Recruit campaign panels.

The intake of Cadets into the Permanent Defence Force is normally carried out on an annual basis taking into consideration the operational requirements of the Defence Forces and the resource envelope allocated to Defence. 10 Air Corps Cadets were inducted on 21 September 2015, 9 Naval Service Cadets were inducted on 22 September 2015 and 30 Army Cadets were inducted on 5 October 2015.

Direct Entry Competitions are held as required from which specialist appointments are filled. To date this year, 24 Apprentice Trainee Technicians and 5 Engine Room Artificers have been inducted for the Air Corp and Naval Service, respectively.

With the support of the Chief of Staff and within the resources available, it is intended to retain the capacity of the Defence Forces to operate effectively across all roles and to undertake the tasks laid down by Government both at home and overseas.

Defence Forces Properties

Questions (356)

Shane Ross

Question:

356. Deputy Shane Ross asked the Minister for Defence his plans to close Saint Bricin's Military Hospital in Dublin 7; if so, the timeframe for the closure; in the event of closure, if the Government is committed to building a purpose-built military hospital in another location; if it is not to close, if the Government will ensure that it is included in the upcoming legislation from the Department of Health covering local hospital groups, thus ensuring that the clinical governance and services available there meet agreed national best practice; if he will commit to ensuring that adequate investment in the hospital is made to bring it up to acceptable national standards; and if he will make a statement on the matter. [35954/15]

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Written answers

St. Bricin's is not a military hospital and does not provide the types of services which would be provided in hospitals run for example by the HSE. Also, it does not provide any services to the general public.

St. Bricin's operates as a military medical facility providing General Practitioner and some outpatient services to members of the Defence Forces. It also has a very small lying-in capacity that can provide limited nursing services for patients. For reasons of economy and efficiency, the majority of secondary health care for members of the Defence Forces is provided through the public and private health system.

A decision was taken to close the St. Bricin’s military medical facility as part of the decentralisation programme. That decision included a provision that St. Bricin's would remain in operation as a military medical facility pending the provision of suitable alternative facilities. To date it has not proved possible to advance that project given available resources and the Defence Forces priorities in relation to infrastructure investment.

In relation to governance and standards, the Director of the Defence Forces' Medical Branch has responsibility for clinical governance and ensuring that medical services/treatment provided to Defence Forces personnel meet best practice and required standards. In addition, as St. Bricin's is not a hospital and there are no plans to upgrade its status or to provide for a hospital facility within the Defence Forces, the question of it being included in Department of Health legislation covering hospital groups does not arise.

Naval Service Operations

Questions (357, 358)

Seán Ó Fearghaíl

Question:

357. Deputy Seán Ó Fearghaíl asked the Minister for Defence if Ireland was one of the 21 European Union member states participating in phase one of the European Union Naval Force Operation – Mediterranean, Operation Sophia, established by the European Council on 18 May 2015, which reached its full operational capability on 27 July 2015. [36019/15]

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Seán Ó Fearghaíl

Question:

358. Deputy Seán Ó Fearghaíl asked the Minister for Defence in the event of the European Union Naval Force Operation – Mediterranean, Operation Sophia, migrating to phase two and phase three, as authorised by the European Council on 18 May 2015, if Ireland will participate in either or both phases; if the consent of the coastal state concerned is obtained in the absence of a United Nations Security Council Resolution, or if Ireland will be prevented from participating in this operation by the triple lock policy or the Defence (Amendment) Act 2006 (No. 20 of 2006). [36020/15]

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Written answers

I propose to take Questions Nos. 357 and 358 together.

The EU military mission EUNAVFOR MED is one element of a comprehensive approach to addressing the migration crisis in the South Central Mediterranean. The Council Decision to launch the mission was adopted at the formal Meeting of the Foreign Affairs Council in Brussels on 22 June 2015. Ireland has not to date participated in this military mission.

The operation will be implemented in sequential phases and the first phase, to support the detection and monitoring of migration networks through information gathering and patrolling in accordance with international law, is completed. The second phase involving the targeting, seizure and diversion of the vessels of human smugglers and traffickers is divided into two parts;

- Part (i) to undertake these actions on the high seas under the conditions provided for by applicable international law, including UNCLOS and the Protocol against the Smuggling of Migrants, and

- Part (ii), in accordance with any applicable UN Security Council Resolution or consent of the coastal State concerned, to undertake these actions on the high seas or in the territorial and internal waters of that State, under the conditions set out in that Resolution or consent.

The third phase will involve taking all necessary measures against vessels including through disposal or rendering them inoperable. No political discussions have yet taken place on the commencement of the third phase. The requirement for UN Security Council Resolution or consent of coastal State also applies to this phase.

On 14 September, the General Affairs Council (GAC) adopted the assessment that conditions have been met to move to Phase 2 Part (i). In accordance with the Council Decision of 18 May establishing the mission, the Political Security Committee (PSC) agreed the legal decision on 28 September to make the transition to Phase Two, Part (i).

On 9 October, the United Nations Security Council adopted Resolution 2240, under Chapter VII of the UN Charter, authorising operations in the Mediterranean for a period of one year. This resolution covers operations by the EU on the high seas only i.e. Phase 2, Part (i), and involves the targeting, seizure and diversion of the vessels of human smugglers and traffickers.

While Ireland is fully supportive of the EU approach to this crisis and reaffirmed its political support for the transition to Phase 2 Part (i) at these meetings, there are no plans to deploy naval personnel or vessels to the EU Mission at this time. The LE Samuel Beckett will continue humanitarian search and rescue operations in the Mediterranean in close co-ordination with the Italian authorities. Following completion of her mission in early December, the operation will be reviewed in detail.

The question of any future deployment and the nature of any such deployment will be examined in the context of the ongoing situation in the Mediterranean and the overall EU response thereto, the demands on the Defence Forces, our overseas commitments and available resources and the nature and mandate of the operation. That said, I remain open to the possibility of further participation by the naval service in the Mediterranean next year if needed, subject to Cabinet approval.

Defence Forces Personnel

Questions (359)

Billy Timmins

Question:

359. Deputy Billy Timmins asked the Minister for Defence the status of the case of a person (details supplied); and if he will make a statement on the matter. [36049/15]

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Written answers

It is the case that Permanent Defence Force (PDF) personnel who undertake courses of training that are paid for by the PDF must sign an undertaking to serve for a specified period of time so that the Defence Forces can accrue a return on the financial investment in the personnel.  Personnel who break this undertaking must refund the cost of the training course and any other expenses incurred by the PDF in respect of this training.  This cost is directly related to the length of time remaining on their service undertaking. This is an important measure in ensuring that the Defence Forces can retain the essential skills required of them in the performance of the full range of tasks assigned to them.

The person in question trained as a Heavy Vehicle Mechanic from March 2004 to March 2008. As part of this training he was required to sign an undertaking of 8 years. He currently owes a total of €25,580.31. This amount comprises €19,235.31 on foot of his signed training undertaking and €6,345 as the cost of his discharge by purchase.

Under the terms of the Defence Forces Pensions Schemes a gratuity is not payable to a soldier who is discharged by purchase. Therefore, the person concerned must pay back the full amount of €25,580.31 before his discharge can be completed.

National Disability Strategy Implementation Plan

Questions (360)

Robert Troy

Question:

360. Deputy Robert Troy asked the Minister for Justice and Equality the measures her Department will take to recommit to the full implementation of the national disability strategy. [36454/15]

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Written answers

I am pleased to inform the Deputy that my Department is currently engaging in a consultation process on a new Disability Inclusion Strategy.

My Department sent out a call for submissions in relation to phase 1 of the consultation process. This phase of the process was to identify priority themes for inclusion in the new Strategy. We received a total of 24 submissions, 7 from individuals and 17 from organisations. We are examining the submissions received in relation to the first part of the process.

Meaningful consultation as well as participation by people with disabilities was a common thread in these submissions. I have always believed in listening to those who wish to contribute to any discussion about matters that affect them. This is why the next stage of the consultation process will include regional consultation meetings. We expect to be in a position to announce the next stage of the process very shortly. This phase – Phase 2 - will move on to look at key objectives under each of the themes we have already identified for the new Inclusion Strategy.

Road Traffic Offences

Questions (361, 362)

Ruth Coppinger

Question:

361. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will report on the contact her Department has with An Garda Síochána regarding the process in place for payment of and appeal of speeding fines; and if she will make a statement on the matter. [36544/15]

View answer

Ruth Coppinger

Question:

362. Deputy Ruth Coppinger asked the Minister for Justice and Equality if a mechanism exists to deal with an appeal of a speeding fine and penalty points, where after paying a fine the driver notices that there was an error by An Garda Síochána (details supplied). [36545/15]

View answer

Written answers

I propose to take Questions Nos. 361 and 362 together.

As Minister for Justice and Equality, I have no direct role in the payment and cancellation procedures in relation to Fixed Charge Notices, which are an operational matter for An Garda Síochána, and it would not be appropriate for me to comment on individual cases.

I am informed by the Garda authorities that any request for expungement of penalty points or removal of disqualification must be submitted via the Fixed Charge Processing Office to the Chief Superintendent Garda National Traffic Bureau (GNTB). This refers to penalty points that are applied to a licence record on payment of a fixed charge and not penalty points applied as a result of a court conviction. An application for a refund may be considered in exceptional circumstances, and following an investigation by the Garda authorities, where it is established that the penalty points should not have been applied. A refund application with supporting documentation should be made through the Fixed Charge Processing Office.

Crime Prevention

Questions (363)

Niall Collins

Question:

363. Deputy Niall Collins asked the Minister for Justice and Equality how she proposes to deal with the escalation in incidents of knife crime; and if she will make a statement on the matter. [35847/15]

View answer

Written answers

I am advised that figures provided by the Central Statistics Office show that the number of recorded offences involving a knife has decreased each year since 2010.

Notwithstanding these statistical trends, the impact of these crimes is of course extremely serious and I can assure the Deputy that I am in ongoing contact with the Garda Commissioner in relation to a wide range of crime and policing concerns, including knife and other violent crime.

A comprehensive and robust legal framework is in place with respect to knife crime including heavy penalties for breaches of the laws concerned. Under the provisions of the Criminal Justice (Miscellaneous Provisions) Act 2009, the maximum penalty for possessing a knife in a public place without good reason or lawful authority has been increased from one to five years. An Garda Síochána also has an extended power of search without warrant in relation to knives and offensive weapons.

At an operational level, An Garda Síochána proactively targets public disorder and anti-social behaviour, including knife related crime through the strategic deployment of Garda resources. In this regard, areas identified as public order hot-spots by local Garda management are the subject of additional foot and mobile patrols. In addition, Detective Units and Divisional Crime Task Forces may be utilised to provide a high visibility presence in areas such as late night bars, clubs etc, particularly when people are exiting, to deter and detect anti-social behaviour and possible altercations. The resumption of Garda recruitment and the deployment of the first group of newly attested Gardaí are of course key components in providing visible policing. However, it should be noted that many knife crimes occur in domestic settings and often with a degree of spontaneity, which increases the challenges for preventative policing and enforcement.

In relation to the investigation of specific knife-related crimes, I am assured that all appropriate resources, including any necessary technical and forensic facilities are employed by An Garda Síochána to secure detections and identify perpetrators of these crimes.

In addition to these enforcement measures, An Garda Síochána is involved in a number of awareness measures relating to knife crime, and I understand that the Garda Schools Programme is utilised to include talks on knives and other weapons for secondary school pupils, emphasising the dangers involved and the need for care, vigilance and social responsibility.

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