Written Answers Nos. 101-120
101. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the action a person who applied for 40% grant aid for a new shed because the closing date was approaching may take, given that this person may actually qualify for 60% as a young farmer under the exceptional circumstances in the young farmer capital investment scheme; and if he will make a statement on the matter. [44509/15]
View answerThe first tranche of the Young Farmer Capital Investment closed on the 25 September 2015. The next tranche is now open for receipt of applications. The eligibility conditions for the Young Farmer are set out in the Terms and Conditions of the Scheme. If the person in question considers that they may be eligible under the Scheme they should apply on line immediately.
102. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if simplification in the rules applying to young farmer schemes across the European Union, as announced in recent weeks (details supplied), will allow the Irish authorities to decide the criteria for young farmers, for example for the young farmer capital investment scheme, if so, when such changes will be effected; and if he will make a statement on the matter. [44512/15]
View answerThe statement made by EU Agriculture and Rural Development Commissioner Phil Hogan on the 16 November will not have an impact on the eligibility criteria already set out in the Terms and Conditions of the Young Farmer Capital Investment Scheme. That statement dealt with providing access to schemes for legal entities controlled by young farmers, and these are already facilitated under the Irish Scheme.
103. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the status of the national reserve for new entrants scheme and the case of a person (detail supplied) in County Limerick; and if he will make a statement on the matter. [44524/15]
View answerThe process of deciding objective criteria for the National Reserve is carried out in consultation with the Direct Payments Advisory Committee which includes members of the main farming bodies and advisory services. After consultation with this Committee it was decided that an off farm income limit of €40,000 would be applied to all applicants under the 2015 National Reserve. The corresponding off farm income limit under the previous National Reserve was €30,000. Applicants under the 2015 National Reserve also have the flexibility of choosing either the 2013 or 2014 tax year, whichever is more advantageous.
Applicants must comply with all eligibility criteria including off farm income criteria in order to be deemed eligible to qualify for an allocation of entitlements under the National Reserve. By increasing the off-farm income limit and granting a choice of reference years, I have granted the maximum possible flexibility regarding income limits for the National Reserve. Officials from my Department have been in contact with the person named regarding his off-farm income as submitted in support of his National Reserve application.
104. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the number of farmers awaiting the first instalment of payments and the value of outstanding payments under the basic payment scheme and the areas of natural constraint scheme by county, if a partial payment will be made to all farmers while outstanding issues are being resolved; and if he will make a statement on the matter. [44536/15]
View answerPayments under the Areas of Natural Constraints Scheme commenced, on schedule, on 23 September, 2015. To date, payments worth €180m have issued over 84,000 applicants. The total number of eligible applicants is 102,555. Many applicants cannot be paid until early next year when they have complied with stocking density and retention terms of the scheme. In relation to the Basic Payment Scheme (BPS) and Greening Payment, I am pleased to confirm that advance payments began issuing in Ireland on 16 October 2015. This is the earliest that payments can commence under the governing EU Regulations. In addition, I can confirm that the level of the advance payment was 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.
Ireland is among the earliest to pay the BPS in the European Union and to date, of the approximately 122,265 eligible applicants, 11 7,380 farmers have received payments totalling €1.0 25 billion.
It is not permissible under the governing EU legislation to make partial payments in respect of unclear cases. Work is continuing in my Department to prioritise the processing of outstanding cases for payment under both schemes. Regular pay runs are in place to pay applicants as cases are cleared for payment. The further detail requested on a county basis by the Deputy is currently being collated and will be forwarded directly once available.
105. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine the number of applications for reinstatement, following retirement on grounds of illhealth, with prior notice granted since 2004; the legislation, rules and procedures under which they were granted; and if he will make a statement on the matter. [44551/15]
View answerMy Department had two applications for reinstatement, following retirement on grounds of ill-health, with prior notification, granted since 2004.
The retirements were under Circular 7/57, titled “Retirement from the Civil Service on the ground of ill-health” and on the grounds of the Department having sought the advice of the Chief Medical Officer (CMO).
The applications for r-instatement were referred to the CMO and a copy of the CMO report was sent to the Department of Finance with a request for sanction to reinstate the officers. The lump sum received at retirement was subject to repayment and arrangements were made to cease payment of pension from the day before the date of reinstatement.
Circular 22/07 which is the current circular covering ill-health retirement does not provide civil servants with an automatic right to return to work. Any request for a return to work is a matter for the Department’s discretion taking into account the advice of the CMO and taking into account the current staff recruitment policy and budgetary restrictions.
106. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if a forestry grant payment will be paid to a person (details supplied) in County Kilkenny, as all the paperwork was destroyed. [44615/15]
View answerThe application for payment under the Afforestation Scheme in respect of the person named is currently under review in my Department. One of the conditions for receipt of payment is that the applicant must be the owner of the land that has been planted under the Scheme. My Department has requested clarification regarding the ownership of the land from the registered forestry company representing the person named and, while I sympathise with his sad loss, it is important that this clarification be supplied in order for payment to be made. My officials have again been in touch with his registered foresters to see if the necessary information can be supplied in order to facilitate payment.
107. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the percentage of applicants in County Cavan paid to date under the 2015 areas of natural constraint scheme and the single payment scheme; and if he will make a statement on the matter. [44629/15]
View answer108. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the percentage of applicants in County Monaghan paid to date under the 2015 natural constraint scheme and the single payment scheme; and if he will make a statement on the matter. [44630/15]
View answer109. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if he will ensure that outstanding payments due to farmers in counties Cavan and Monaghan under the natural constraint scheme and the single payment scheme will be made; and if he will make a statement on the matter. [44631/15]
View answerI propose to take Questions Nos. 107, 108 and 109 together.
In relation to the Basic Payment Scheme (BPS) and Greening Payment, I am pleased to confirm that advance payments began issuing in Ireland on 16 October, 2015. This is the earliest that payments can commence under the governing EU Regulations. In addition, I can confirm that the level of the advance payment was 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. The balancing payments commenced on 1 December. A total of 97% of eligible applicants in Cavan and 98% of eligible applicants in Monaghan have been paid under the BPS.
I can also confirm that payments under the Areas of Natural Constraints (ANC) Scheme commenced, on schedule, on 23 Sept ember 2015. A total of 85% of eligible applicants in Cavan and 83% of eligible applicants in Monaghan have been paid under the ANC Scheme. It should be noted that many farmers cannot be paid until early 2016 when they comply with the stocking requirements of the scheme.
As outstanding cases under the BPS, Greening and ANC are processed and are cleared of any outstanding error, they will be sent for payment. My Department is prioritising the processing of all such outstanding cases with regular payment runs continuing over the coming weeks.
110. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine the reason for non-payment of area aid under the young farmers scheme to a person (details supplied) in County Sligo, if he will re-examine this case; and if he will make a statement on the matter. [44635/15]
View answerThe person named submitted applications for the 2015 National Reserve and the Young Farmers Scheme to my Department. Processing of National Reserve and Young Farmers Scheme applications is at an advanced stage and payments to successful applicants will commence in the week beginning 14 December 2015. There is no issue with regard to the date of issuing the herd number in this case.
111. Deputy Finian McGrath asked the Minister for Defence the number of applications for reinstatement, following retirement on grounds of ill health, with prior notice granted since 2004; the legislation, rules and procedures under which they were granted; and if he will make a statement on the matter. [44555/15]
View answerMy Department received two applications for re-instatement, following retirement on grounds of ill-health, with prior notice, since 2004.
The applicants were placed on a Central Resource Panel for redeployment to another Department/Office as my Department had no suitable vacancies at the grades concerned.
The applications for re-instatement were granted in line with Para. 11.4 of Superannuation Handbook and Guidance Notes – Established Civil Service Scheme.
One of the applicants has been redeployed to fill a vacant position at the relevant grade in another Department. The second applicant remains on the Central Resource Panel as no suitable vacancy at the applicant’s grade has arisen to date.
112. Deputy Joe Costello asked the Minister for Justice and Equality if she will offer Garda Síochána pensioners the option of weekly, fortnightly or monthly salary payments; and if she will make a statement on the matter. [44479/15]
View answerPayments to retired members of An Garda Síochána are made from the Garda Síochána Vote (Vote 20). As the Garda Commissioner is the Accounting Officer for An Garda Síochána, I have asked for her views on this issue and I will write directly to the Deputy on receipt of same.
113. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will introduce the use of body cameras and car dash cameras within An Garda Síochána, given recent high profile incidents of their use in crime detection in the United States of America and in the United Kingdom; and if she will make a statement on the matter. [44466/15]
View answerThe Garda Commissioner is the Accounting Officer for the Garda Vote and has responsibility for the deployment of resources as determined by operational needs.
In that context I am advised by the Garda authorities that a total of 15 body-worn cameras were purchased by An Garda Síochána in 2012 for the purposes of evaluating body-worn camera technology as an alternative to the use of handheld camcorders. In 2014, senior Garda management decided that five of these units, which were used predominantly in training and evaluation exercises since their purchase, were to be deployed for the purpose of ensuring public order and the protection of Gardaí on duty.
Video captured by these devices is encrypted to prevent unauthorised access if the unit is lost or stolen and recordings can only be accessed by downloading to a specific secure location on the Garda IT network. The use of these devices by An Garda Síochána is governed by Section 38 of the Garda Síochána Act, 2005 and the Garda Code of Practice established under Section 13 of the Data Protection Acts 1998 and 2003.
In respect of the Deputy's query concerning the use of dash cams, I have asked the Garda authorities for the information requested and I will revert to the Deputy as soon as the information is to hand.
114. Deputy Lucinda Creighton asked the Minister for Justice and Equality the number of prosecutions and of convictions for motor tax offences and the cost to her Department, to An Garda Síochána and to the Courts Service of these prosecutions in 2015 to date. [44468/15]
View answerThe Deputy will appreciate that I have no role in relation to the prosecution of offences. I have sought information from the Courts Service in relation to number of cases referred to and will contact the Deputy when this data is to hand. Certain data in relation to recorded offences and court outcomes is available from the Central Statistics Office (CSO) and I have requested the CSO to provide available data as it relates to motor tax offences to the Deputy directly. Information concerning the composite costs of the prosecutions referred to is not readily available.
115. Deputy Seamus Kirk asked the Minister for Justice and Equality when section 52 of the Children and Family Relationships Act 2015 will commence, and if its non-commencement is preventing students from accessing grants. [44495/15]
View answerI am planning to sign the commencement order in relation to significant portions of the Children and Family Relationships Act 2015, including section 52, before the end of the year. Section 52 stipulates when a person's guardianship of a child ends, being on the death of the guardian, the child's attaining the age of 18, or the child's marriage, whichever first occurs. However, while section 52 is not commenced, I should stress that it represents a codification of the current legal position and is not an actual change to the rules on how guardianship terminates.
I understand that my officials are liaising with their counterparts in the Department of Education and Skills in relation to guardianship, its duration and termination. As the Deputy is aware, the assessment of students for the student grant scheme is a matter for the Department of Education and Skills.
116. Deputy Finian McGrath asked the Minister for Justice and Equality the number of applications for reinstatement, following retirement on grounds of ill health, with prior notice granted since 2004; the legislation, rules and procedures under which they were granted; and if she will make a statement on the matter. [44562/15]
View answerI can inform the Deputy that, since 2004, there have been no reinstatements following retirement on the grounds of ill-health in my Department.
117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of an application for naturalisation by a person (details supplied) in County Dublin; and if she will make a statement on the matter. [44579/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing. Certain information was requested from the applicant on 3 November 2015 and a response has been received. The case will be submitted to me for decision as expeditiously as possible.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if previous disqualification for eligibility for naturalisation arising from a number of offences will permanently disqualify a person (details supplied) in County Dublin from eligibility; and if she will make a statement on the matter. [44580/15]
View answerSection 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation if satisfied certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and I know the Deputy will appreciate that it is important that appropriate procedures are in place to preserve the integrity of the process. The Minister, having considered the application from the person concerned decided not to grant a certificate of naturalisation.
It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future. Indeed, the letter advising the person concerned of the Minister's decision also informed her that she may reapply for the grant of a certificate of naturalisation at any time. The letter advised that, when considering making such a re-application, she should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a previously refused application for family reunification by a person (details supplied) in Dublin 22 will be reconsidered and if further medical evidence will be accepted in the context of a review. [44581/15]
View answerI have been informed by the Irish Naturalisation and Immigration Service of my Department that the provisions governing family reunification for recognised refugees contained in the Refugee Act 1996 (as amended) do not provide for a review of applications. However, it is open to the person referred to by the Deputy to submit a new application to the Family Reunification Section in respect of the family member referred to above. Any new application should be accompanied by all appropriate documentation in support of the application including in particular up to date original medical reports (clearly detailing diagnosis and prognosis) and original identity documentation in respect of the subject of the application.
120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if health needs will be borne in mind in determining eligibility for residency status by a person (details supplied) in County Cork; and if she will make a statement on the matter. [44582/15]
View answerIf the persons whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act, 1996 (as amended) which provides for the protection of the identity of protection applicants.
The Deputy is advised that the health needs of any particular applicant are not a determining factor in the process of deciding eligibility for protection in the State.
The question of residency status does not arise at present in the case of the person whose details were supplied.
