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Tuesday, 10 Nov 2015

Written Answers Nos. 311-319

Agriculture Scheme Payments

Questions (311)

Timmy Dooley

Question:

311. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine when he will announce the allocations under the Young Farmers National Reserve Scheme; and if he will make a statement on the matter. [39625/15]

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Written answers

Processing of applications under the National Reserve and the Young Farmers Scheme is well underway. This involves administrative and on farm checks and verification of land details submitted under the 2015 Basic Payment Scheme application. These checks are required under EU Regulations. In cases where additional information is required, my Department will correspond directly with the applicant concerned.

When all checks have been completed and processing of applications has been finalised, my Department will correspond directly with each applicant to advise them of the outcome of their application. Payments to successful applicants under the National Reserve and the Young Farmers Scheme will commence early in December 2015.

Defence Forces Personnel

Questions (312)

Clare Daly

Question:

312. Deputy Clare Daly asked the Minister for Defence further to Parliamentary Question Number 20 of 25 June 2015, the progress on this matter, in view of the fact that he indicated almost six months ago that the conclusions of his consideration were imminent. [39072/15]

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Written answers

This is serious matter which has required detailed consideration as there are a range of stakeholders involved.  I have now reviewed the matter fully taking into account the advice of the Attorney General and I would plan to contact the representatives of the individual in question shortly to advise them of a proposed approach.

Defence Forces Veterans

Questions (313)

Pearse Doherty

Question:

313. Deputy Pearse Doherty asked the Minister for Defence why a person (details supplied) in County Cavan was not informed regarding the application process for a disability pension, specifically the timeframe involved; and if an exception will be made to this case. [39179/15]

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Written answers

The Army Pensions Acts (1923-1980) govern the award of disability pensions and set down time limits for making an application.  An application in respect of disablement due to wound or injury must be made within one year from the date of retirement; an application in respect of disablement due to disease must be made within eight years from the date of retirement.  The person in question was discharged from the Permanent Defence Force (PDF) on 22 October 2011 and made an application for a disability pension in July 2013.  This was examined by the Army Pensions Board, an independent statutory body established to investigate applications for pensions, allowances and gratuities under the Acts, and the Board classified the disablements applied for as injuries. An application for a disablement in respect of an injury must be made within one year from the date of retirement therefore the application was outside the statutory time limit.

The time limits for making an application are strictly governed by statute and I have no discretion to waive them. 

The person in question attended a pre-retirement course in Custume Barracks, Athlone on 14 April 2010.  Pre-retirement courses are arranged on a regular basis by the military authorities for personnel leaving the PDF and it is standard procedure at these courses to provide information regarding disability pensions and the application process for same.  In particular the time limits within which an application must be made are outlined in detail to all attendees.  It is also established practice to provide all Defence Forces personnel on their discharge or retirement with information setting out their possible entitlement under the Army Pensions Acts, and also the statutory time limits for submission of completed applications.  Information regarding disability pensions and the time limits for submission of such applications is also available to all Defence Forces personnel through the Defence Forces Intranet and through their representative associations, RACO and PDFORRA.

Defence Forces Deployment

Questions (314)

Seán Crowe

Question:

314. Deputy Seán Crowe asked the Minister for Defence if his Department received any request in 2011 from any other Department for the Defence Forces to be stationed at bank ATMs; and if his Department has created any operational plans for the stationing of the Defence Forces at these machines since this current Government took office. [39230/15]

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Written answers

The Department of Justice and Equality and An Garda Síochána have primary responsibility for the internal security of the State. Among the roles assigned to the Defence Forces in the White Paper on Defence is the provision of Aid to the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so.

Notwithstanding the discussions that were taking place and contingency planning underway, my Department received no formal communications in relation to this matter as the question of provision of security assistance did not arise. I understand that contingency plans which were being considered could have involved deployment of the Defence Forces. 

On an ongoing basis, the Defence Forces conduct a wide range of training activities designed to respond to possible security emergencies that may arise. In this context, the Defence Forces are prepared to carry out any security related tasks, as may be directed by Government.

Defence Forces Ombudsman

Questions (315)

Willie Penrose

Question:

315. Deputy Willie Penrose asked the Minister for Defence the steps he will take to immediately implement the findings of the investigation, decisions, and recommendations of the Defence Forces Ombudsman in respect of an officer (details supplied) in County Westmeath who has suffered significant financial loss and stress as a result of the administrative effort involved in this case, in consequence of which error, inter alia, he had to retire prematurely from the Defence Forces, resulting in a significant loss to pay and gratuity and continuous loss of pension rights going forward; and if he will make a statement on the matter. [39378/15]

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Written answers

The Office of Ombudsman for the Defence Forces was established as an independent statutory office, under the Ombudsman (Defence Forces) Act 2004. The Ombudsman has full independence and autonomy in the discharge of his statutory functions. The function of the Ombudsman is to act as the ultimate point of appeal for, and administrative investigation into, complaints made by members (and former members) of the Defence Forces against another member (or former member) of the Defence Forces, or against a civil servant of the Department of Defence. The 2004 Act provides that when the Ombudsman carries out an investigation under the Act the Ombudsman may make a recommendation to the Minister in relation to that investigation. It is then a matter for the Minister to make a determination in relation to that recommendation.

I have received the Ombudsman’s final report on the case in question and the issues raised in the report are under consideration. I expect to be in a position to make a determination in relation to the Ombudsman’s findings and recommendations on the case shortly.

Defence Forces Personnel

Questions (316)

Michael Healy-Rae

Question:

316. Deputy Michael Healy-Rae asked the Minister for Defence the position regarding back pay owed to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [39391/15]

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Written answers

At the outset I would like to draw the Deputy’s attention to General Routine Order No 43/1955 which prohibits a member of the Defence Forces from making unauthorised communications regarding service matters addressed to members of the Houses of the Oireachtas. Service matters include an individual’s pay, promotion, appointment, etc. In the normal course, it would be inappropriate for me to answer a question where there is a contravention of the relevant General Routine Order. However, I understand that the individual in question has now retired from the Defence Forces and, as such, I can advise the Deputy as follows:

A claim has been received from the Representative Association of Commissioned Officers (RACO) in relation to this matter and it is being dealt with under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force.

Discussions have been taking place with the Representative Association, with regards to their claim, under a special Subcommittee of Conciliation Council. As discussions under the Scheme are confidential to the parties involved, it would not be appropriate for me to comment on the matter at this time, other than to say that the Department is carrying out a full investigation of this claim in association with the Military Authorities. As with all matters taken to the Conciliation and Arbitration Scheme, the claim is being dealt with, in as timely a manner, as is possible and should be resolved within the next few weeks.

Defence Forces Deployment

Questions (317)

Michael Moynihan

Question:

317. Deputy Michael Moynihan asked the Minister for Defence the correspondence or communications received in his Department in 2011 or 2012 from the Office of the Taoiseach, or from the Governor of the Central Bank of Ireland, in relation to dispatching members of the army to protect ATMs or banks; and if he will make a statement on the matter. [39394/15]

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Written answers

The Department of Justice and Equality and An Garda Síochána have primary responsibility for the internal security of the State. Among the roles assigned to the Defence Forces in the White Paper on Defence is the provision of Aid to the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so.

Notwithstanding the discussions that were taking place and contingency planning underway, my Department received no formal communications in relation to this matter as the question of provision of security assistance did not arise. I understand that contingency plans which were being considered could have involved deployment of the Defence Forces.

On an ongoing basis, the Defence Forces conduct a wide range of training activities designed to respond to possible security emergencies that may arise. In this context, the Defence Forces are prepared to carry out any security related tasks, as may be directed by Government.

Youth Justice Strategy

Questions (318)

Regina Doherty

Question:

318. Deputy Regina Doherty asked the Minister for Justice and Equality the number of young offenders who reoffend; the estimated number of young offenders who enter the criminal justice system each year, and the combined number of convictions between them; the number of school-age adolescents who engage with Garda Síochána diversion programmes in each year; the percentage of young offenders who are unemployed 12 months after release; and the percentage of young offenders who leave at 21 years of age with no qualification. [38974/15]

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Written answers

The information sought by the Deputy cuts across areas of the youth justice system for which my Department is responsible and the area of children’s detention for which my colleague Dr. James Reilly, Minister for Children and Youth Affairs is responsible. As the Deputy may be aware, the Irish Youth Justice Service (IYJS), which is composed of officials from both Department’s, is responsible for leading and driving reform in the area of youth justice.

Statutory provision in relation to young offenders is set out in the Children Act, 2001 (as amended). Under the Act, a child is defined as a person under the age of 18 years and it is further provided in section 52 that a child under 12 years of age shall not be charged with an offence except where certain stated charges apply.

The latest available information in relation youth offending and re-offending is set out in the 2013 Report of the Committee Appointed to Monitor the Effectiveness of the Diversion Programme which I recently laid before both Houses of the Oireachtas. As the Deputy may know, before any young person is brought before the courts, he or she must first be referred for consideration of a caution and inclusion in the Garda Diversion Programme by the Director of the Programme. In 2013, 10,420 young people were referred for such consideration.

With regard to the “estimated number of young offenders who enter the criminal justice system annually”, if by this the Deputy means the number of young people who are brought before the courts and the number of convictions involved, the Courts Service has advised that their statistical information is not compiled in a way which identifies new offenders. The Courts Service points out that figures in relation to the Children Court are published in the Courts Service Annual Report which provides details of offences and outcomes. In this regard, the 2014 Annual Report on page 56, sets out extensive details in relation to “juvenile crime” and the range of offences and their outcomes.

With regard to the number of “school age adolescents that engage with Garda Diversion Programmes annually”, the 2013 Report of the Monitoring Committee which I refer to above states on page 16, that 7,732 young people were deemed suitable for inclusion in the Diversion Programme. In this context, I should mention Garda Youth Diversion Projects (GYDPs) which my Department funds. In 2013, some 5,065 young people were engaged with GYDPs. GYDPs are youth justice crime reduction/crime prevention community programmes which are specifically targeted at young offenders and those at serious risk of offending. They provide essential support to the Garda Diversion Programme and to the effectiveness of the Garda Juvenile Liaison Officer system operated by An Garda Síochána. Funding support for youth justice community interventions is based on evidence that diversion programmes in the form of high quality preventative intervention can do more to reduce crime than more costly custodial options. Just over €11.5 million was allocated to GYDPs (and 5 Local Drugs Task Force projects working alongside GYDP) in 2014.

I am advised that the information sought by the Deputy in relation to the percentage of young offenders who are unemployed 12 months after their release or who are released at 21 years of age with no qualifications is not maintained by the Children Detention Schools or the Irish Prison Service. However, the Deputy may wish to note that Young Persons Probation (YPP), a specialised Division of the Probation Service, in the context of its supervision of community based sanctions, utilises a number of community based organisations with dedicated resources to work with young offenders. A number of the YPP projects provide education courses (such as FETAC levels 3, 4 and 5) through the Educational Trust Boards which result in the young person/offender obtaining an academic qualification. Other YPP projects provide various training or skills programmes and initiatives (such as IT skills) which assist young offenders subsequently seeking employment. The provision of these services enhance the young offender’s personal development and life outcomes, thereby reducing their risk of re-offending and leading to safer communities.

Youth Justice Strategy

Questions (319)

Regina Doherty

Question:

319. Deputy Regina Doherty asked the Minister for Justice and Equality the number of offenders under 30 years of age who are unemployed at the time of arrest. [38975/15]

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Written answers

I am advised that the information requested by the Deputy is not readily available.

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