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Wednesday, 2 Dec 2015

Written Answers Nos. 70 - 90

Agriculture Scheme Payments

Questions (70)

Frank Feighan

Question:

70. Deputy Frank Feighan asked the Minister for Agriculture, Food and the Marine when payment under the areas of natural constraint and basic payment scheme will issue to a person (details supplied). [43089/15]

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Written answers

An application under the 2015 Basic Payment/Areas of Natural Constraint Schemes was received from the person named on 3 April, 2015. Processing of the application under both schemes is currently being progressed with a view to payments issuing shortly, directly to the nominated bank account of the person named. An Official from my Department will be in contact with the person named directly to apprise him of the current situation.

Animal Welfare

Questions (71)

Seán Kyne

Question:

71. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine his plans regarding stray and feral cats which are categorised as neither owned or wild under the Animal Health and Welfare Act 2013; the discussions with cat rescue groups; and if he will make a statement on the matter. [43114/15]

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Written answers

The protections under Section 12 of the Animal Health and Welfare Act 2013 relating to cruelty applies to all animals equally, whether wild, domesticated or feral.

My Department offers financial assistance to Charities and individuals who assist in the protection of the welfare of animals, including feral cats. These ex-gratia payments support initiatives such as the trapping, neutering and return programmes operated by many welfare groups.

Agriculture Scheme Payments

Questions (72)

Denis Naughten

Question:

72. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 118 of 12 November 2015, when payment under the areas of natural constraint scheme and the basic payment scheme will issue; the reason for the delay; the number of remote inspections nationally which are awaiting payment; and if he will make a statement on the matter. [43117/15]

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Written answers

The person named submitted a 2015 Basic Payment /Areas of Natural Constraint Scheme application on 18 May 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.

The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection is currently being finalised with the intention of issuing any payments due under the Direct Payments Schemes as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

In 2015, approximately 9 2 % of the cases selected for remote inspection have now been concluded and any payments due following application verification checks have issued. It is my Department’s intention to finalise all outstanding remote sensing cases as soon as possible.

Beef Data and Genomics Programme

Questions (73)

Denis Naughten

Question:

73. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the number of applicants who have withdrawn to date from the beef data and genomics scheme 2015; the number who have re-applied to enter and have been granted permission; and if he will make a statement on the matter. [43118/15]

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Written answers

The closing date for the Beef Data and Genomics Programme was 5 June 2015 at which point 29,531 valid applications were received for the programme. Of these, 2,939 applicants have subsequently withdrawn from the Programme. A total of 66 applicants subsequently applied to re-join the Programme and have been accepted.

Animal Disease Controls

Questions (74)

Denis Naughten

Question:

74. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the number of farmers who sought financial support to dispose of their persistently infected calves under the bovine viral diarrhoea eradication programme in 2014 and who have yet to receive payment; the number of farmers involved in dairy and suckler herds and the values involved, respectively; the current time delay in issuing payment and the reason; the corresponding figures for 2015; and if he will make a statement on the matter. [43119/15]

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Written answers

Approximately 2,750 applications were received for beef born animals, and 490 applications were received for dairy born animals under the 2014 BVD Compensation Programme.

Following validation, 1,645 beef applicants will be paid a total of approximately €2 90,000, while a further 75 dairy applicants will be paid approximately €12,000 in total. These payments will issue shortly.

The closing date for the 2015 BVD Compensation application period is Friday 4 March 2016. It is not possible to provide comparable figures until all applications have been received and processed.

Agriculture Scheme Payments

Questions (75)

Paul Connaughton

Question:

75. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when payment under the Areas of Natural Constraint Scheme and the Basic Payment Scheme will issue to a person (details supplied) in County Galway; the reason for the delay; and if he will make a statement on the matter. [43122/15]

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Written answers

An application under Basic Payment/Areas of Natural Constraints Scheme was received from the person named on 12 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.

Agriculture Scheme Payments

Questions (76)

Dara Calleary

Question:

76. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Sligo will receive 2015 farm payments; the reason for the delay; if such delays are causing undue hardship; and if he will make a statement on the matter. [43124/15]

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Written answers

The person named submitted a 2015 Private Contract Clause application to my Department to transfer out land and entitlements under the 2015 Basic Payment Scheme. Detail relating to the 2013 Single payment application submitted by the person name indicates that this land was leased in and therefore not eligible for transfer under the Private Contract Clause. My Department issued a letter to the person named on 26 November to establish the ownership status of the land. Once my Department receives the required information the application will be processed with a view to issuing payment shortly thereafter.

Afforestation Programme

Questions (77)

Joe Carey

Question:

77. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the logic behind and reason for point 14.2 in the afforestation grant and premium scheme 2014 to 2020, especially as it pertains to the potential recoupment of establishment grants; and if he will make a statement on the matter. [43141/15]

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Written answers

Point 14.2 states that the Department will recover any undue payment from the applicant. When an applicant wishes to establish a plantation under the Afforestation Grant and Premium Scheme he applies to the Minister for approval under the Scheme. The contract under the Afforestation Grant and Premium Scheme is solely between the applicant and my Department.

The applicant employs a forester to undertake afforestation work on his/her behalf and this includes submitting an accurate claim on the applicant’s behalf. This forester is not a party to the contract under the Afforestation Grant and Premium Scheme. Similarly, the contract to undertake afforestation work and to prepare and submit claims is a separate contract between the owner and his/her forester. My Department is not a party to this contract; and any matter arising under it, such as potentially inadequate work (e.g. planting fewer trees than there should be, preparing an inaccurate claim, etc.), is a matter for the landowner and the forester to resolve.

As the Department’s contract under the Afforestation Grant and Premium Scheme is with the applicant, all money paid under the contract is to benefit the applicant. Under this contract the applicant gains a forestry plantation as an asset as a result of my Department’s approval of a forestry establishment grant; thus s/he directly benefits from the grant payment.

Any money paid by an applicant to the forester or forestry company is a matter between those parties. This includes where grants may be mandated by the client for direct payment to the forester. A mandate between the applicant and the forester is an instruction by the applicant to the Department to redirect his/her payment directly to the forester - the applicant is still the beneficiary under the Afforestation Scheme contract. This means that, while any debt arising under an Afforestation Scheme contract is a matter between the Minister and the applicant, any debt arising under any contract between the applicant and his/her forester is a matter between those parties.

Basic Payment Scheme Payments

Questions (78)

John O'Mahony

Question:

78. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive payment under the basic payment scheme 2015. [43142/15]

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Written answers

The person named participated in the Single Payment Scheme for each scheme year up to 2012 and again in 2014 but did not apply in 2013. Under EU Regulations governing the Basic Payment Scheme a farmer must have submitted a valid 2013 Single Payment Scheme Application to qualify for an automatic right to receive new entitlements under the Basic Payment Scheme in 2015.

In cases where there were extenuating circumstances which prevented the farmer from applying for Single Payment Scheme in 2013, the EU Regulations provide for applications under Force Majeure. The Department has no record of receiving any application for Force Majeure in respect of this case. If there were any such extenuating circumstances the person named is advised to submit a Force Majeure application with relevant supporting documentation to the Review of Entitlements Section, Knockmay Road, Portlaoise, Co. Laois.

Agriculture Scheme Eligibility

Questions (79)

Jim Daly

Question:

79. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine if applications for payment under the disadvantaged areas scheme can be amended to correct an error; and if he will make a statement on the matter. [43170/15]

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Written answers

An application under the Basic Payment Scheme/Areas of Natural Constraints Scheme was received from the person named on 18 May, 2015. Payment under both schemes has now issued in respect of the 20.08 hectares claimed. An official from my department has been in direct contact with the person named and is awaiting clarification regarding the email referred to above.

Defence Forces Personnel Data

Questions (80)

Pádraig MacLochlainn

Question:

80. Deputy Pádraig Mac Lochlainn asked the Minister for Defence the number of persons classified as disabled who are currently employed by the Defence Forces. [43092/15]

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Written answers

Section 37(6) of the Employment Equality Act provides that matters relating to discrimination on the basis of age or disability do not apply to employment in the Defence Forces.

Furthermore, Article 3(4) of Council Directive 2000/78/EC, the EU Framework Employment Directive, allows for Members States to provide that the Directive does not apply to armed forces insofar as it relates to discrimination on the grounds of age or disability.

On the basis of the above, the Defence Forces do not recruit or induct personnel who are classified as disabled.

I am informed by the military authorities that the medical module of the Defence Forces Personnel Management System does not capture data that would allow for classification of current personnel according to disease, disability or medical conditions. To produce the information you request would require a manual examination of the medical files of all serving personnel and you will appreciate that this is not feasible.

Garda Recruitment

Questions (81)

Pádraig MacLochlainn

Question:

81. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the cost of the recruitment of 100 gardaí including the costs associated with their training, payroll and allowances. [43108/15]

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Written answers

Recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013. The Public Appointments Service (PAS) manage the recruitment process on behalf of the Garda Commissioner and I have no direct involvement in the matter.

Payroll costs for new Garda recruits include a basic allowance of €184 per week plus a living allowance of €77.92. After 32 weeks of training, Garda recruits are attested and move on to the first point of the Garda pay scale €23,171 rising to a maximum of €45,793 per annum after 19 years. They may also qualify for other allowances depending on their assignments.

The annual cost of 100 new Garda recruits in their first year (assuming a commencement date of 1 January) is €1.88m. This figure includes Employer's PRSI but excludes any allowances which the recruits may qualify for following attestation. The annual cost will obviously increase as the members move up the Garda pay scale each year.

I am informed by the Garda Commissioner that the cost of training recruits is subsumed into the overall training costs of the Garda College and is not easily identifiable. The total cost of running the Garda College in 2014 was approximately €14m, which includes the salary costs of all College personnel.

Registration of Title

Questions (82)

Áine Collins

Question:

82. Deputy Áine Collins asked the Minister for Justice and Equality when a file in respect of a person (details supplied) in County Cork will be finalised by the Land Registry. [43150/15]

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Written answers

I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I can further inform the Deputy that her query has been forwarded to the PRA for attention and direct reply via the above mentioned service.

Garda Operations

Questions (83)

Thomas P. Broughan

Question:

83. Deputy Thomas P. Broughan asked the Minister for Justice and Equality for a detailed report on Garda Operation Vantage; and if she will make a statement on the matter. [43066/15]

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Written answers

Operation Vantage was established on the 10 August 2015 by the Garda National Immigration Bureau to investigate illegal immigration with a particular focus on marriages of convenience as defined under the Civil Registration (Amendment) Act, 2014. There has been increasing concern about the growth in so called 'sham marriages' as evidenced by statistically improbable patterns of marriages including a large number of new notifications of intention to marry from males from the Indian sub-continent (i.e. Pakistan, India, Bangladesh) to females from EU countries, particularly Portugal and Eastern European countries.

I am informed that, as a part of this ongoing operation, a large number of searches were conducted across the country on Wednesday 25 November involving over 200 members of An Garda Síochána which included a number of specialist units. Over 40 searches were conducted of both business and residential premises across the country to gather evidence of suspected fraud offences related to the organised facilitation of marriages of convenience. This was a multi-agency approach involving the Irish Naturalisation and Immigration Service (INIS), the Department of Social Protection, the Office of the Director of Corporate Enforcement (ODCE), the Workplace Relations Commission (WRC) and the Revenue Commissioners. The focus of the operation is specifically targeted at those engaged in organised facilitation of sham marriages for financial gain as well as those who are seeking to gain illegal immigration status by engaging in such arranged marriages. I am assured that all necessary enforcement measures will be taken where breaches of relevant legislation are identified.

I am further informed by the Garda Authorities that a total of 11 people were arrested for a range of offences under the Immigration Acts and Criminal Justice (Theft and Fraud Offences) Act 2001. In addition a large amount of computers, memory devices, phones and documents including false identity documents, driving licences, marriage certificates and a substantial quantity of cash were seized.

I can assure the Deputy that Operation Vantage is ongoing and forms part of the overall response of my Department to prevent marriages of convenience from taking place. This includes a review of relevant applications by INIS with a view to revoking immigration permission which may have been obtained under false pretences.

Crime Data

Questions (84)

Thomas P. Broughan

Question:

84. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on the crime statistics for the Garda Síochána R and J districts in 2014 and in 2015 to date; and if she will make a statement on the matter. [43067/15]

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Written answers

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide the available statistical information directly to the Deputy.

Garda Operations

Questions (85)

Thomas P. Broughan

Question:

85. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on the Garda Síochána Operation Trivium; the number of vehicles seized, the amount of drugs seized, the amount of stolen property recovered and the number of persons arrested and charged, to date; and if she will make a statement on the matter. [43068/15]

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Written answers

I am informed that Operation Trivium is a multi-agency European initiative focused on foreign and indigenous mobile groups and offenders who utilise road networks to target local communities.

Most recently, Operation Trivium V was conducted in a number of EU Member States, including Ireland, from 23 to 28 November, 2015.

I am informed by the Garda authorities that the operation was conducted across each Garda Region with a number of objectives including:

- Disrupting criminality through denying foreign national mobile organised crime groups the use of the road;

- Enhancing levels of trust and confidence in local communities through delivering enforcement and educational activity that is designed to 'tackle criminality not the community'; and

- Ensuring that all avenues of legislation both criminal & civil are considered to disrupt, deter and detect unlawful behaviour.

Over the two day operation -

- 107 vehicles were seized under Section 41(1) of the Road Traffic Act 1994 as amended,

- Drugs currently estimated at a value of €2,730 were seized

- Stolen property valued at €1,969 was recovered

37 people were arrested, 25 of whom were charged with offences such as driving without a driving licence (disqualified drivers), driving under the influence of substances, handling stolen property, drugs offences, offences under the firearms and offensive weapons act and on foot of outstanding warrants.

Of the remaining persons, three files are being prepared for the direction to the Office of the Director of Public Prosecution, two were arrested on foot of European Arrest Warrants, three are being dealt with by way of summons and four were released without charge following satisfactory enquiries into their immigration status.

Garda Equipment

Questions (86)

Thomas P. Broughan

Question:

86. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 126 of 8 July 2015 regarding the Garda Síochána CT68 form, if changes to the police using leading systems effectively, PULSE, system have now been made; if not, the date for these changes to be operational; and if she will make a statement on the matter. [43088/15]

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Written answers

I am informed by the Garda authorities that the update in respect of Section 12 of the Road Traffic Act 2014 will be contained in a future release of PULSE on a date yet to be determined.

Garda Strength

Questions (87, 88, 89, 90)

Pádraig MacLochlainn

Question:

87. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the optimal ratio between the number of members of An Garda Síochána and the population to ensure Ireland adheres to international best practice. [43101/15]

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Pádraig MacLochlainn

Question:

88. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the total number of new recruits to An Garda Síochána scheduled to complete their training in Templemore in County Tipperary in each year from 2015 to 2021. [43102/15]

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Pádraig MacLochlainn

Question:

89. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the projected number of members of An Garda Síochána at the end of each of the years 2015 to 2021. [43103/15]

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Pádraig MacLochlainn

Question:

90. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of recruits to An Garda Síochána that are taken into the training college in Templemore in County Tipperary in each year; and the maximum number of recruits the college can take in a year. [43104/15]

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Written answers

I propose to take Questions Nos. 87 to 90, inclusive, together.

The overall number of personnel available to the Garda Commissioner is close to 16,000. This figure comprises 12,866 members, 978 reserve members, and 2,012 civilians as of 31 October.

This Government is committed to ensuring that An Garda Síochána has the capacity to provide effective, visible policing throughout the country. The number of Gardaí is crucial to this but, also of importance, is ensuring that the overall composition of the Garda workforce achieves the right balance between highly trained Gardaí and professional, skilled civilian staff, and that the Service harnesses the energy and skills of volunteers through the Garda Reserve.

The optimal number of members of An Garda Síochána is a factor of a number of different considerations, including population size and composition, crime trends, the level of civilianisation, etc. Having said that, the Government is committed to on-going seamless recruitment into the future and as the Deputy will be aware, provision has been made in Budget 2016 for the recruitment of 600 new Gardaí next year bringing to 1,150 the number of new Gardaí that will be recruited since the reopening of the Garda College in Templemore in September 2014. So far 295 of those new recruits are fully attested and are on the ground in communities nationwide. It is expected that a further 395 will attest by the end of 2016 which, taking account of projected retirements, will bring Garda numbers to around the 13,000 mark. I expect recruitment to continue at or around the current levels for the next number of years having regard to factors such as the level of retirements in any one year.

In relation to civilian staff of An Garda Síochána, they are employed in a wide range of management, administrative, technical and operational roles where they make an invaluable contribution to the delivery of effective policing services throughout the country. The increased budget allocation for An Garda Síochána in 2016, in addition to providing for the recruitment of 600 new Gardaí, provides for the recruitment of additional civilian experts, in particular to develop the Garda ICT investment programme. Having regard to international experience, I believe that there is undoubtedly value in exploring the opportunities for increasing the ratio of civilians to Gardaí, and for releasing Gardaí from administrative and other positions to front-line duties. The process which is currently ongoing to civilianise border control functions at Dublin airport and the transfer of these responsibilities from An Garda Síochána to the Irish Naturalisation and Immigration Service (INIS) of my Department is an excellent example of this. Further work in this area will be progressed in conjunction with the Garda Commissioner in the context of the report of the Garda Inspectorate of its review under the Haddington Road Agreement. The terms of reference of that review include all aspects of the operation and administration of An Garda Síochána including the structure, organisation and staffing of An Garda Síochána and the deployment of members and civilian staff to relevant and appropriate roles.

Lastly, in relation to the capacity of the Garda College, I am informed by the Garda Commissioner that the Garda College provides a range of training and development courses to members of An Garda Síochána and all new recruits complete their initial 32 week training programme at the College. The physical capacity of the College extends to 496 bedrooms, 16 Classrooms and 4 Lecture Theatres. The College has the capacity to accommodate the planned intake of 600 Garda Trainees next year.

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