Written Answers Nos. 259-279
259. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he has discussed farm land under solar farm installations being recognised as an agricultural activity and therefore eligible for European Union direct payments and qualifying for retirement and agricultural reliefs at European Union level; and if he will make a statement on the matter. [2329/16]
View answerMy Department, along with other Member States, are currently in discussions with the European Commission on the eligibility, under the Direct Payment Schemes, of agricultural land under solar panels, taking account of the regulatory provisions of Article 32 (3) of Regulation 1307/2013 on agricultural land which is predominately used for non-agricultural activities.
The eligibility of farmland under solar panel installations for various tax measures is primarily determined by national taxation legislation. The Office of the Revenue Commissioners have advised that under certain circumstances, such farmland would be eligible for income tax relief on long-term leasing and for Retirement Relief from Capital Gains Tax. My Department is still awaiting advice on the eligibility for Agricultural Relief from Capital Acquisitions Tax.
260. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he has taken steps at European Union level to get support for a full review of the impact of United States country of origin labelling legislation at World Trade Organisation level, given the impact this will have on livestock imports to the United States of America; and if he will make a statement on the matter. [2330/16]
View answerThe rules on origin labelling for Ireland are determined at EU level and last year I signed into law an SI to give effect to the new European Regulations for country of origin labelling of meat from sheep, pigs, poultry and goats. These mandatory rules require a label to state the Member State where the animal was reared and slaughtered. In addition, my Department is liaising with the Department of Health with a view to extending the legislation to include “loose meats” which are sold or supplied to consumers.
As a member of the EU and the World Trade Organisation (WTO) Ireland is in a position to avail of opportunities for trade that are essential for the development of our open economy. Membership of these organizations also brings reciprocal trade obligations. My Department is reviewing the WTO ruling, with a view to understanding any potential impact for Irish exports amongst our trade partners within the EU and third country markets.
261. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine to account for the latest reports stating that only 53% of young farmers have been paid under the basic payment scheme to date; when outstanding payments will be paid; the steps he is taking to expedite payments; and if he will make a statement on the matter. [2331/16]
View answerPayments under the National Reserve and Young Farmers Scheme commenced in mid-December 2015 and, and given the number of applications and their complexity, these payments will continue over the coming weeks. To date some 60% of eligible applicants under both the National Reserve and Young Farmers Scheme have received payment.
My Department will continue to prioritise the payment of eligible cases under the National Reserve and Young Farmers Scheme to ensure that payment is made as soon as it practicable. Where my Department has contacted an applicant seeking further information or documentation to further process their application, I would encourage these applicants to engage with my Department to ensure that their application can be finalised.
262. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine under the Civil Service reform programme, the number of clerical officers who have been promoted to higher executive officer and the number of executive officers who have been promoted to assistant principal officer in his Department through internal competitions after the significant change in eligibility rules; and if he will make a statement on the matter. [2569/16]
View answerSince the introduction of the recent changes to the eligibility criteria for promotion competitions, one executive officer has been promoted to Assistant Principal Officer in my Department through an internal competitive process. To date, no clerical officers have been promoted directly to the Higher Executive Officer role.
263. Deputy Robert Troy asked the Minister for Defence the cost of fully reopening Columb army barracks in County Westmeath; and if he will make a statement on the matter. [1968/16]
View answerColumb Barracks is no longer required for military purposes accordingly no assessment has been made as to what it would cost to fully reopen the Barracks.
264. Deputy Robert Troy asked the Minister for Defence the average operating cost of each Army barracks; and if he will make a statement on the matter. [1969/16]
View answerIt is not possible to give a detailed breakdown of the average operating cost of each individual barracks due to the extensive effort involved in compiling the information required. However the Defence Forces spent approximately €8.5m in 2015 on utilities such as electricity, gas, heating oil, water and waste disposal across 15 military installations and training areas. Another €7.3m was spent in 2015 on building maintenance.
265. Deputy Seán Kenny asked the Minister for Defence if he will have a recruitment drive for the Air Corps; and if he will make a statement on the matter. [2177/16]
View answerThe 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 30 November 2015, the latest date for which details are available, was 9103 comprising 7307 Army, 750 Air Corps and 1046 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 General Service recruitment campaign for the Army was launched on 4 August 2015 and is ongoing. Air Corps General Service Recruits are drawn from the Army General Service Recruit campaign panels as required.
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 and remain in service as of 15 January 2016. The Military Authorities advise that a new Air Corps Cadetship campaign will be advertised in either the first or second quarter of 2016.
Direct Entry Competitions are also held as required from which specialist appointments are filled. 24 Apprentice Trainee Technicians were inducted in to the Air Corps in 2015 and remain in service as of 15 January 2016. It is intended to advertise a further competition in the first quarter of 2016.
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.
266. Deputy Willie Penrose asked the Minister for Defence when an organisation (details supplied) in County Westmeath will be granted a lease in respect of a portion of property which it occupies at Columb Barracks in Mullingar, County Westmeath, given that this issue is ongoing for almost two years; and if he will make a statement on the matter. [2336/16]
View answerIrish United Nations Veterans Association (IUNVA) have occupied the former Officers Mess building in the Barracks since late 2014 and have requested a long term lease on the premises. Officials from the Department have met IUNVA representatives on site to discuss the Association’s plans for the Barracks and have raised issues regarding those plans. The premises were initially provided to IUNVA on the basis that it would be used as a meeting place for members of the Association. Since then it has come to our attention that IUNVA’s long term vision for the premises include the provision of a coffee shop, overnight accommodation for its members and a bar. A lease is currently being considered in that context.
Also the Department of Justice and Equality, who are the lead Department for the refugee accommodation programme, are considering whether any of the buildings falling within the remit of my Department, including Columb Barracks, are suitable for the purposes of temporary accommodation for refugees.
While the Department supports the ongoing use of the Barracks by the local community the current financial and administrative burden resulting from the retention of the Barracks cannot be sustained given that the Barracks is no longer required for military purposes.
In this regard Officials from the Department are scheduled to meet with the CEO of Westmeath County Council in the coming weeks to discuss possible future plans for the Barracks. They would also be happy to discuss, with any interested group, any proposals they may have for the possible purchase and future development of the site for the benefit of the local community.
This is in keeping with the Department’s policy to dispose of surplus property no longer required for military purposes.
267. Deputy Sean Fleming asked the Minister for Defence under the Civil Service reform programme, the number of clerical officers who have been promoted to higher executive officer and the number of executive officers who have been promoted to assistant principal officer in his Department through internal competitions after the significant change in eligibility rules; and if he will make a statement on the matter. [2573/16]
View answerThe Report of the Commission for Public Service Appointments (CPSA), in respect of eligibility rules for promotion of staff in the Civil Service, was adopted on 27 November 2013. Accordingly all Civil Servants with two or more years’ service, either continuously or in aggregate, are eligible to apply for all internal promotion competitions from that date. In April 2014 an internal competition for appointment to Higher Executive Officer was held in my Department. One Clerical Officer was promoted to Higher Executive Officer resulting from this competition. A second internal competition for appointment to Higher Executive Officer was held in my Department in December 2015. No appointments have yet been made from this competition.
No Executive Officers have been promoted from that grade to Assistant Principal in my Department in the period since the changes in the eligibility rules for promotion of staff in the Civil Service were adopted.
268. Deputy Eric Byrne asked the Minister for Justice and Equality the status of a matter (details supplied) regarding a campaign; and if she will make a statement on the matter. [1842/16]
View answerI am currently preparing a revised National Disability Inclusion Strategy with a view to having it in place by early 2016. The new Strategy is being prepared on the basis of wide consultation with interested parties in a 3 Phase consultation process. Phases 1 and 2 involving the identification of key themes and building on those through a broad consultation process to produce high-level objectives for the years 2016-2019 have been completed. Phase 3 will commence shortly and focus on agreeing specific actions and time frames in relation to each objective. In summary, my aim is to ensure a rigorous focus on identifying the key themes that impact on the lives of people with disabilities, on identifying agreed objectives within each theme and on developing specific actions to be undertaken to achieve each of the agreed objectives, together with time frames and key performance indicators so that the new Strategy will make a real difference to the lives of people with disabilities.
I welcome the positive engagement of all stake holders in the process so far including their participation in the first round of public meetings and in the National Disability Strategy Implementation Group and look forward to continuing to work with all interested parties in completing and delivering the Strategy.
Furthermore, in autumn 2014, I launched the Comprehensive Employment Strategy for people with Disabilities. The aim of this strategy was to ensure that the barriers faced by those living with a disability in finding employment could be addressed. I appointed Fergus Finlay as the independent chairperson of the strategy's implementation committee to ensure that the Government is provided with regular updates on the Strategy's progression.
269. Deputy Robert Troy asked the Minister for Justice and Equality when the Child and Family Relations Act 2015 will commence. [2164/16]
View answerI signed the Commencement Order S.I. No. 12 of 2016 on 12 January 2016 which commenced specified provisions of Parts 1, 4, 5, 6, 7, 8, 12 and 13 of the Children and Family Relationships Act 2015 on 18 January 2016. Part 10 has been commenced by the Minister for Foreign Affairs and Trade. The date of commencement of Parts 2 and 3 will be determined by the Minister for Health while the Minister for Children and Youth Affairs will determine the date of commencement of Part 11.
270. Deputy Ciarán Lynch asked the Minister for Justice and Equality to address the concerns raised by a person (details supplied) regarding the protection and reception services provided for refugees; and if she will make a statement on the matter. [2287/16]
View answerPersons coming to Ireland under the Irish Refugee Protection Programme as announced by the Government in September 2015, will be offered full board, accommodation and other supports, for example health and education, and will reside in the newly established Emergency Reception and Orientation Centres (EROCs) for a limited period of time. They will be either persons coming from Greece or Italy under the EU Relocation measures or programme refugees coming to Ireland from the Lebanon and Jordan under the UNHCR-led resettlement programme. Persons arriving under the Relocation measures will have their applications for asylum processed in an accelerated procedure of approximately 8-12 weeks. Once refugee status has been granted, these persons will be eligible to enter employment and to access other supports on the same basis as nationals. Persons coming to Ireland under the resettlement programme will have programme refugee status on arrival. Persons accepted here under these programmes will also have an entitlement to apply for family reunification, if they wish to do so, thereby further increasing the numbers accepted by Ireland.
In 2015, 176 refugees displaced by the Syrian conflict were admitted to Ireland from Jordan and Lebanon under the UNHCR-led resettlement programme. It is planned that an additional 120 refugees will be admitted from Lebanon in early 2016, with the remaining cases admitted on a gradually increasing phased basis thereafter. The first transfer of persons to Ireland under the EU Relocation measures is expected to take place from Greece in the coming weeks.
Following publication of the Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, the report was referred by Government to the Cabinet Committee on Social Policy and Public Service Reform. One of the key recommendations in the report which goes to the heart of the length of time people spend in Direct Provision is the early enactment of the International Protection Bill and in that regard, the Government has brought forward as a major priority legislation to provide for the introduction of a single applications procedure for international protection. This reform will simplify and streamline the existing arrangements and provide applicants with a final decision on their protection application in a more straightforward and timely fashion. This is aimed at addressing one of the key issues identified in the report, that is, the length of time persons remain in the Direct Provision system. The Deputy will be aware that the International Protection Bill was signed into law by the President on 30 December, 2015. Work has since commenced on the implementation of the single procedure which is expected to be introduced in the coming months. The Act provides for the transfer of responsibility for the processing of protection applications from the Office of the Refugee Applications Commissioner (ORAC) to my Department. I will establish an International Protection Office in the Department for this purpose. The Act also provides for the establishment of an independent International Protection Appeals Tribunal (IPAT), which will provide an effective remedy against decisions taken on applications, including a decision to refuse. Existing best practice will be protected and embedded within the new regime. The International Protection Act alone responds to 26 of the recommendations of the Working Group report.
271. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of migrants who have moved to a community (details supplied) in County Kerry; and if she will make a statement on the matter. [2311/16]
View answerMy Department does not utilise and does not have any plans to utilise the premises referred to as an accommodation centre for migrants.
272. Deputy Pat Rabbitte asked the Minister for Justice and Equality when the Spent Convictions Bill 2011 will be scheduled for Report and Final Stages; and if she will make a statement on the matter. [1854/16]
View answer281. Deputy Thomas Pringle asked the Minister for Justice and Equality why the Criminal Justice (Spent Convictions) Bill 2012 was not brought before Dáil Éireann by the end of 2015 as indicated in her recent reply to Parliamentary Question No. 109 of 18 November 2015; when the Bill will be brought before Dáil Éireann; if this will be before the end of this Dáil, given that justice reform is high on her agenda, yet for over a decade reform has not taken place in the area of spent convictions; and if she will make a statement on the matter. [2016/16]
View answerI propose to take Questions Nos. 272 and 281 together.
I understand that the Spent Convictions Bill 2012 is scheduled to be re-committed to Committee Stage in the Dáil next week. A decision on scheduling the Bill for Report and Final Stages will be made by the Dáil at that juncture.
Before the Bill could be enacted, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act 2012 and consequential amendments to the Spent Convictions Bill will be brought by me before Committee in the Dáil. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed.
The principal amendments which I will bring before the Dáil propose giving effect to these procedures by amending both the Spent Convictions Bill and the National Vetting Bureau (Children & Vulnerable Persons) Act 2012. However, I also propose retaining the existing provisions in the Spent Convictions Bill which allow more serious convictions which result in penalties of up to 12 months imprisonment to become spent, where persons are not working in positions covered by the Vetting Act 2012. A copy of the Administrative Filter is below.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences :
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences :
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
- Section 4 (Intoxication),
- Section 5 (Disorderly conduct),
- Section 6 (Threatening, abusive or insulting behaviour),
- Section 7 (Distribution or display of material which is offensive),
- Section 8 (Failure to comply with direction of Garda),
- Section 9 (Wilful obstruction).
3) Other minor offences – 1 Only :
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old).
This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- The information concerned
- The relevance of the information to the type of work/activity
- The source and reliability of the information
- The rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,
- Provide to the person a copy of the information to be disclosed,
- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- Allow the applicant the opportunity to make a written submission.
- There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
273. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the date when Forensic Service Ireland will provide its new facility; and if she will make a statement on the matter. [1855/16]
View answerThe need for a new purpose-built forensic science laboratory appropriate to the State's requirements is longstanding. Well-advanced plans for the construction of a new facility in Backweston, Co. Kildare were previously cancelled due to the economic downturn. I was happy, therefore, to secure the funding necessary to proceed with construction of the new laboratory in the recently announced capital expenditure programme, with these funds set to become available in 2019. In light of the importance of this project, I intend to keep the projected start date under review and if an opportunity arises to bring forward the start date of construction at Backweston, it will be pursued.
274. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons refused leave to land at Cork Airport from 25 to 31 October 2015, by reason for refusal, by nationality, by gender, by country to which they were returned, and by the number who subsequently applied for asylum. [1895/16]
View answer275. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons refused leave to land at Dublin Airport from 25 to 31 October 2015, by reason for refusal, by nationality, by gender, by country to which they were returned, and by the number who subsequently applied for asylum. [1896/16]
View answer276. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons refused leave to land at Cork Airport from 15 to 21 November 2015, by reason for refusal, by nationality, by gender, by country to which they were returned, and by the number who subsequently applied for asylum. [1897/16]
View answer277. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons refused leave to land at Dublin Airport from 15 to 21 November 2015, by reason for refusal, by nationality, by gender, by country to which they were returned, and by the number who subsequently applied for asylum. [1898/16]
View answer278. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons refused leave to land at Cork Airport from 6 to 12 December 2015, by reason for refusal, by nationality, by gender, by country to which they were returned, and by the number who subsequently applied for asylum. [1899/16]
View answer279. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of persons refused leave to land at Dublin Airport from 6 to 12 December 2015, by reason for refusal, by nationality, by gender, by country to which they were returned, and by the number who subsequently applied for asylum. [1900/16]
View answerI propose to take Questions Nos. 274 to 279, inclusive, together.
In general a person may be refused leave to land on one, or more, of the eleven grounds set out in Section 4(3) of the Immigration Act, 2004. Every person refused leave to land in the State is served with a notice in which the reason, or reasons, for refusing an application for permission to enter the State is set out.
I would advise the Deputy that persons refused leave to land and who are subsequently removed from the State are returned to their point of embarkation, which in most cases is within the EU.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a total of 204 persons were refused leave to land at Dublin Airport with a further 17 refused at Cork Airport during the overall periods requested by the Deputy. An overall total 18 persons sought asylum between both locations. I do not propose to disaggregate these figures further as I have a legal obligation to protect the identity of all asylum seekers in accordance with the Refugee Act.
It should be noted that information on numbers refused permission to enter the State may be subject to revision over time where individual cases are examined further and the status of some cases may change.
The further breakdown of data requested by the Deputy is not readily available and would require the search and retrieval of individual records that could only be obtained by the disproportionate expenditure of time and resources relative to the information sought.
