Written Answers Nos. 64-88
64. Deputy Niall Collins asked the Taoiseach the volume of domestic and multinational exports by the countries exported to, based on the most recent data on a percentage basis, in tabular form; and if he will make a statement on the matter. [18989/16]
View answerThe data requested is set out for the Deputy in the following tables. It is not possible to provide a breakdown between domestic and multinational merchandise trade. It should be noted that 2016 covers the period January to April.
Table 1: Exports of merchandise goods (value and volume) by main trading partners 2015
|
Trading Partner |
Value Trade (€000's) |
% of Trade |
Total Volume (tonnes) |
% of Total Volume |
|
United States |
26,727,101 |
24.0 |
878,859 |
4.7 |
|
Belgium |
14,540,648 |
13.0 |
626,870 |
3.4 |
|
Great Britain |
13,771,357 |
12.0 |
6,592,980 |
36.0 |
|
Germany |
7,473,109 |
6.7 |
411,187 |
2.2 |
|
Switzerland |
6,096,261 |
5.4 |
13,373 |
0.1 |
|
Netherlands |
4,938,079 |
4.4 |
1,255,845 |
6.8 |
|
France |
4,864,834 |
4.3 |
1,154,637 |
6.2 |
|
Spain |
4,019,446 |
3.6 |
297,375 |
1.6 |
|
Japan |
3,890,007 |
3.5 |
38,761 |
0.2 |
|
Italy |
2,543,992 |
2.3 |
217,471 |
1.2 |
|
Northern Ireland |
1,741,324 |
1.6 |
3,229,364 |
17.0 |
|
China |
1,655,536 |
1.5 |
456,862 |
2.5 |
|
Mexico |
1,394,459 |
1.2 |
28,362 |
0.2 |
|
Poland |
1,187,463 |
1.1 |
102,871 |
0.6 |
|
Other Trading Partners |
17,320,803 |
15.4 |
3,238,763 |
17.3 |
|
Total |
112,164,416 |
100.0 |
18,543,578 |
100.0 |
Source: Goods Exports and Imports
Table 2: Exports of merchandise goods (value and volume) by main trading partners January - April 2016
|
Trading Partner |
Value Trade (€000's) |
% of Trade |
Total Volume (tonnes) |
% of Total Volume |
|
United States |
9,193,003 |
25.0 |
147,118 |
2.4 |
|
Belgium |
4,892,854 |
13.0 |
199,182 |
3.2 |
|
Great Britain |
4,064,199 |
11.0 |
2,368,613 |
38.0 |
|
Germany |
2,520,372 |
6.9 |
144,418 |
2.3 |
|
Switzerland |
1,944,453 |
5.3 |
5,283 |
0.1 |
|
Netherlands |
1,761,238 |
4.8 |
422,673 |
6.9 |
|
France |
1,581,290 |
4.3 |
467,726 |
7.6 |
|
Spain |
925,642 |
2.5 |
82,440 |
1.3 |
|
Italy |
843,461 |
2.3 |
97,688 |
1.6 |
|
China |
733,264 |
2.0 |
155,674 |
2.5 |
|
Israel |
653,340 |
1.8 |
8,545 |
0.1 |
|
Japan |
562,907 |
1.5 |
15,268 |
0.2 |
|
Northern Ireland |
531,766 |
1.5 |
1,080,916 |
18.0 |
|
Mexico |
473,688 |
1.3 |
15,517 |
0.3 |
|
Poland |
460,732 |
1.3 |
38,355 |
0.6 |
|
Australia |
381,559 |
1.0 |
12,417 |
0.2 |
|
Saudi Arabia |
367,176 |
1.0 |
12,316 |
0.2 |
|
Canada |
349,515 |
1.0 |
14,118 |
0.2 |
|
Other Trading Partners |
4,182,792 |
11.1 |
877,882 |
14.2 |
|
Total |
36,427,254 |
100.0 |
6,166,146 |
100.0 |
Source: Goods Exports and Imports
65. Deputy Caoimhghín Ó Caoláin asked the Taoiseach his views on the status and future role of cross-Border bodies, specifically the East Border Region Committee and the Irish Central Border Area Network, following the British decision to withdraw from the European Union. [19437/16]
View answerWe had a very useful discussion at the NSMC Plenary on North South cooperation, including the role of the NSMC and North South bodies. The East Border Region Committee and the Irish Central Border Area Network are local authority led cross border bodies responsible for cross border cooperation and have been effective in assisting the delivery of various projects funded by EU programmes, particularly through the PEACE and INTERREG programmes.
At the NSMC, we re-iterated the joint commitment of the Irish Government and the Northern Ireland Executive to the successful implementation of the PEACE and INTERREG programmes, and agreed that the Minister for Public Expenditure and Reform and the Northern Ireland Finance Minister will consider the issue of securing the ERDF funding for PEACE and INTERREG, including through engagement with the European Commission.
66. Deputy Micheál Martin asked the Taoiseach the recent discussions he had regarding the Narrow Water Bridge project. [17337/16]
View answerUnder "A Fresh Start - Stormont House Agreement" the Northern Ireland Executive and the Irish Government have agreed to undertake a review of the Narrow Water Bridge project with a view to identifying options for its future development. Discussions at official level have taken place between Northern Ireland Executive/Irish Government officials and a report was prepared for consideration at the North South Ministerial Council which I hosted in Dublin Castle yesterday.
At the Plenary meeting we noted the progress report by Senior Officials from relevant Departments in both jurisdictions addressing the Fresh Start commitments, including the review of options for the Narrow Water Bridge.
The Government is committed to the concept of the Narrow Water Bridge which has the potential to provide jobs and a significant boost to tourism in the surrounding area.
67. Deputy Richard Boyd Barrett asked the Taoiseach the constitutional referendums he will hold over the period of this Government. [17146/16]
View answerUnder the Programme for a Partnership Government, the Government is committed to holding Constitutional referendums on the following matters:
- Article 41.2.1, regarding a "woman's life within the home"
- Article 40.6.1, on the offence of blasphemy
- Ireland's participation in the Unified Patent Court
- Giving the office of Ceann Comhairle constitutional standing.
I should add that the Programme for a Partnership Government also commits the Government to establish a Citizens' Assembly, within six months, with a mandate to look at a limited number of key issues over an extended period of time. While these issues will not be limited to those pertaining to the constitution, the Citizen's Assembly will be asked to make recommendations to the Dáil on further constitutional changes, including on the Eighth Amendment, on fixed-term parliaments and on the manner in which referendums are held.
The Programme for a Partnership Government also says that on foot of the recommendation of the Banking Inquiry, the Government will seek a review of the powers of Oireachtas Committees in conducting inquiries and, based on this review, will consider whether there should be a Constitutional Referendum to strengthen Committees' powers.
I should add that before any referendum would be scheduled, I would of course bring a proposal to Government and hold discussions with Opposition Leaders.
68. Deputy Thomas Pringle asked the Taoiseach if he participated in the section of the European Council meeting on 28 June 2016 that was attended by the Secretary General of the North Atlantic Treaty Organization; and if he will make a statement on the matter. [19593/16]
View answerI participated in the entire European Council meeting on Tuesday 28 June, including NATO Secretary General Jens Stoltenberg’s presentation to Heads of State or Government.
The presence of the Secretary General is in line with the practice at previous meetings where issues of common interest arise. For example, in June 2015 the Secretary General attended the European Council discussion on security and defence to explain how NATO is responding to new security challenges.
EU-NATO cooperation takes place within the framework of the Lisbon Treaty. The legally-binding Irish Protocol to the Lisbon Treaty expressly states that “The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality”. EU-NATO cooperation has no implications for this longstanding policy which has been pursued by successive Governments and which was reconfirmed last year in the Foreign Policy review “The Global Island” and in the White Paper on Defence.
At the European Council meeting last week, Secretary General Stoltenberg acknowledged that not all EU countries are members of NATO, and that the needs of individual countries in this regard must be respected. He stressed that EU-NATO cooperation has to be inclusive and transparent, and must not infringe on the security and defence policies of individual nations.
The European Council agreed that, in light of new security challenges, there should be further practical cooperation between the EU and NATO in certain areas, including in relation to hybrid threats – threats which cross the boundary between military, policing, counter-terrorism, cybersecurity and other dimensions. However, the Conclusions contain very clear confirmation that future EU-NATO cooperation will fully respect the decision making autonomy of both organisations and will not prejudice the specific character of the security and defence policy of any Member States. We were to the fore in insisting that these long-standing guarantees, already enshrined in the Treaty, be clearly reiterated. This is a strong acknowledgement that Ireland’s policy of neutrality and non-NATO membership will in no way be affected by enhanced cooperation.
EU-NATO Cooperation has no implications for the ‘Triple Lock’ which governs deployment of Irish military personnel outside the State. As set out in legislation, this requires that: (1) the operation in question must be mandated by the UN; (2) that participation must be approved by the Government; and (3) that, with certain limited exceptions, it must be approved by way of a resolution of Dáil Éireann.
69. Deputy Niamh Smyth asked the Taoiseach the number of staff employed in his Department's archive unit in each of the years 2010 to 2016 to date, in tabular form; his plans to expand this number; if there are protocol changes arising from changes to the National Archives Acts; and if he will make a statement on the matter. [19623/16]
View answerThe Information Management and Support Unit of my Department is responsible for ensuring that my Department meets its obligations under the National Archives Act, 1986, by identifying, reviewing and releasing 30-year-old files to the National Archives.
In addition to this work, the Unit also:
- Organises and files approx. 22,000 pieces of correspondence received in the Taoiseach's / Minister of States' Private Offices;
- Assists with the creation, management and organisation of approx. 2,000 new files in my Department each year;
- Provides stationery/newspapers/journals to the Department, adhering to best practice with regard to procurement; and
- Provides a library service to my Department and the Departments of Finance and Public Expenditure and Reform (including by using the InterLibrary Loan System).
The number of staff working to ensure that my Department meets its obligations under the National Archives Act, 1986, in each of the years 2010 - 2016 is outlined in the following table.
|
End December 2010 - [WTE] |
End December 2011 - [WTE] |
End December 2012 - [WTE] |
End December 2013 - [WTE] |
End December 2014 - [WTE] |
End December 2015 - [WTE] |
End June 2016 - [WTE] |
|
3 |
4 |
2.6 |
3.5 |
4 |
3.6 |
3.6 |
My Department has a designated member of staff who is responsible for managing the Department’s records and a Certifying Officer who is responsible for compliance with the National Archives Act, 1986.
In addition, National Archives staff assist with work relating to the annual transfer of Departmental records to the National Archives.
In October 2015, the Government decided to have legislation drafted to amend the National Archives Act, 1986, to allow for the 30 year period for file transfer to the National Archives to be reduced to 20 years on a phased basis. This amendment will have resource implications for my Department and planning will be required to put in place appropriate processes and procedures to manage the phased release of records.
70. Deputy David Cullinane asked the Taoiseach the number of new public sector workers in his Department hired to replace retiring staff and those who left the service in each of the years 2013 to 2015; the overall percentage of staff turnover this represents; the cost or savings on payroll accrued, in tabular form; and if he will make a statement on the matter. [20155/16]
View answer71. Deputy David Cullinane asked the Taoiseach the number of additional public sector staff hired in his Department over and above those who had retired or left the service, that is, new positions only as and from 31 December 2010, broken down for each of the years 2011 to 2016, to date, in tabular form; and if he will make a statement on the matter. [20146/16]
View answerI propose to take Questions Nos. 70 and 71 together.
Table 1 details changes in the permanent, core staff of my Department in the years 2011 through 2016 due to recruitment, retirement and/or resignation. It should be noted that, in addition to filling vacancies that arose due to resignations and retirements, the new hires in each year listed also filled vacancies that arose due to interdepartmental transfers, secondments and promotions; career breaks; and special leave.
Table 1
|
Year |
No. of staff resigned/retired - (WTE) |
Staff Turnover (based on resigned/retired staff) |
No. of new hires - (WTE) |
|
2011 |
3 |
1.97% |
0 |
|
2012 |
4.5 |
2.85% |
5.58 |
|
2013 |
2 |
1.32% |
0 |
|
2014 |
1 |
0.64% |
4 |
|
2015 |
2 |
1.13% |
14 |
|
2016 (to end May) |
1 |
0.57% |
6 |
Table 2 details the change in annual salary costs for my Department resulting from recruitment, retirement and/or resignation of permanent, core staff in the years 2011 through 2016. It should be noted that the annual salary costs in each year listed also covers the cost of filling vacancies that arose due to interdepartmental transfers, secondments and promotions; career breaks; and special leave.
Table 2
|
Year |
Annual salary costs of resigned/retired staff |
Annual salary costs of new hires |
Difference |
|
2011 |
€356,962 |
€0.00 |
€356,962 (saving) |
|
2012 |
€218,178 |
€163,145 |
€55,033 (saving) |
|
2013 |
€80,265 |
€0.00 |
€80,265 (saving) |
|
2014 |
€98,995 |
€94,344 |
€4,651 (saving) |
|
2015 |
€65,924 |
€339,257 |
€273,333 |
|
2016 (to end May) |
€45,616 |
€153,129 |
€107,513 |
72. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if property management companies are regulated; if not, her plans to do so; and if she will make a statement on the matter. [19204/16]
View answerThe position is that the Multi-Unit Developments Act 2011 has been enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Act, the members of which are the owners of residential units within the development, which are established for the management of such areas. The 2011 Act contains provisions relating to issues such as:
- the transfer of common areas from developers to the OMCs (sections 4 and 5);
- voting rights of members of OMCs (sections 14 and 15);
- the provision of annual reports by OMCs to members (section 17);
- arrangements for the holding of annual meetings to approve service charges (section 18);
- establishment of a sinking fund to cover refurbishment outlays (section 19);
- arrangements for the making of House Rules (section 23); and
- establishment of a court-based dispute resolution process (section 24).
The Act also contains provisions which encourage the resolution of disputes that may arise between parties by means of mediation rather than recourse to court proceedings.
73. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the legislative and operational context of briefings delivered by the Data Protection Commissioner to State organisations and local government which are serving to restrict information being given to public representatives who make representations on behalf of constituents, in view of the fact that permission has been given by the person; if she will acknowledge that this ruling is restricting the ability of public representatives to argue cases; and if she will arrange for copies of the briefing being delivered to be distributed to every Member of the Houses of the Oireachtas. [19246/16]
View answerThe position is that the primary purpose of the Data Protection Acts 1988 and 2003, which transpose the Council of Europe's Data Protection Convention (1981) and the EU's Data Protection Directive (1995) into our national law, is to ensure protection of the personal data of individuals. The Acts apply to all processing of personal data, including collection, use, sharing, disclosure and storage of such data. As regards oversight and enforcement, the Acts provide that the supervisory authority (i.e. Data Protection Commissioner) shall be independent in the performance of its tasks and in the exercise of its powers.
As part of its awareness-raising activities, the Office of the Data Protection Commissioner provides guidance and advice to both individuals on the exercise of their data subject rights and to private companies and public bodies on their obligations as data controllers. In so far as public representatives are concerned, an appropriate balance must, of course, be established between the legitimate activities of public representatives when making enquiries or representations on behalf of their constituents and safeguarding the data protection rights of individuals by public bodies in receipt of such enquiries or representations. In this context, useful material in relation to the disclosure of personal data to public representatives is available on the web site of the Data Protection Commissioner (www.dataprotection.ie).
74. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if all public bodies are required to reach the target of employing 6% of persons with a disability; the manner in which progress on this target is being monitored; the mechanisms put in place to ensure that this target is reached; and if she will make a statement on the matter. [19383/16]
View answerPart 5 of the Disability Act 2005 sets a statutory 3% target for employment in the Public Sector. The National Disability Authority (NDA) reports each year on progress made towards the target. The most recent report published in 2015 shows that at the end of 2014, 3.5% of staff employed in public sector bodies are people with disabilities. This is an increase from 3.4% in 2013 and is the fourth successive year of exceeding the 3% target.
These provisions are being strengthened in the context of the Comprehensive Employment Strategy for People with Disabilities. The Strategy was launched on 2 October 2015, and sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to, work are supported and enabled to do so. It is a cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment. The Strategy's six strategic priorities are to:
- Build skills, capacity and independence;
- Provide bridges and supports into work;
- Make work pay;
- Promote job retention and re-entry to work;
- Provide coordinated and seamless support;
- Engage employers. The Strategy contains commitments in relation to:
- An increase in the public service employment target of people with disabilities on a phased basis from 3% to 6%.
- Special public service competitions for people with disabilities and the opening up of alternative recruitment channels for people with disabilities.
- The provision of an NDA-assisted employer helpline to provide expert guidance and peer support to employers in relation to the employment of staff with disabilities.
The implementation of the Strategy will be subject to regular monitoring, and there will be a review and renewal every three years. The Strategy Implementation Group will publish its first Annual Report before end-2016.
75. Deputy Barry Cowen asked the Tánaiste and Minister for Justice and Equality the indicative timeframe for when county revaluations for commercial rate purposes will be carried out for each county; when they will be completed by the Valuations Office; and her plans or proposals to expedite all county valuations in a shorter timeframe. [19516/16]
View answerThe Commissioner of Valuation, who is independent in the exercise of his functions, has responsibility under the Valuation Acts 2001 to 2015 to maintain a valuation list of all commercial properties in the State which are used by Local Authorities in the calculation of rates due from individual ratepayers. Maintenance of a valuation list is done using two processes known as revaluation and revision.
Revaluation is a process where all properties in a Local Authority area are valued periodically by reference to a single valuation date. Part 5 of the Valuation Act 2001, as amended by the Valuation (Amendment) Act 2015 provides for the revaluation of all commercial properties other than those occupied by public utility undertakings which are dealt with separately by way of a global valuation process prescribed in section 53 of the Acts. After the first revaluation of a Local Authority area is completed, revaluation is then scheduled to take place every five to ten years to reflect changes in economic circumstances since the last revaluation took place. Revision on the other hand is there to reflect structural changes or the addition of new properties between revaluations.
The national revaluation programme is the first general valuation of all commercial property in the state since the middle of the 19th century. It is a very significant undertaking and involves the valuation of some 146,000 properties. Completing the first revaluation and getting every Local Authority onto the 5-10 year cycle of revaluations, provided for in the legislation, will represent a sea-change for the rateable valuation system. The present position is that all local authorities in Dublin, Waterford and Limerick are now revalued. These 48,000 properties represent approx. 57% of the national rateable valuation base in monetary value terms or 33% in numerical terms. In addition, 13 public utilities representing some of the largest ratepayers in the State have been valued on a global basis.
Significant progress is being made and the programme has established a momentum which will be shortly built upon as the Commissioner has made valuation orders for the revaluation of seven more Local Authority areas which are the County Council areas of Kildare; Leitrim; Longford; Offaly; Roscommon; Sligo and Westmeath. The work of revaluation is currently under way simultaneously in all seven counties and first results are expected during the first quarter of 2017. At this stage it would be premature for the Commissioner to say which counties will be included in the following tranche of counties to undergo a revaluation as there are a number of factors which will impact on that decision. For instance, a vital determinant will be the outcome of the necessary consultations with the Minister for Housing, Planning and Local Government and with local authorities, which is a pre-requisite prior to commencing a revaluation and is provided for in section 19(1) of the Valuation Act 2001. While the revaluation programme has been underway, the Valuation Office has continued to maintain the valuation lists by carrying out revision work and since 2011 a total of 20,927 revision applications were dealt with while simultaneously carrying out the revaluations of Dublin City, Waterford and Limerick.
However, the revaluation programme needs to be accelerated and this is the main objective of the Valuation (Amendment) Act 2015 which came into effect on 8 June 2015. The measures in the Act which will enable the Commissioner to accelerate the national programme of revaluation include provisions for Outsourcing, Occupier Assisted Valuation, streamlining the appeal process and wider use of computer-aided techniques. Occupier Assisted Valuation is the term being used for a form of self-assessment that will be introduced and will be a valuable new addition which will help to accelerate the revaluation programme and will bring the ratepayer into closer contact with a system that is one of the key determinants of his or her rates liability. Self-Assessment, in an appropriate form, has therefore been introduced by the new legislation. Now that the legislation is in place, the Commissioner has commenced arrangements to pilot Occupier Assisted Valuation in one Local Authority area – County Laois - initially and is also using the enabling provisions in the new legislation to use outsourcing in two other Local Authority areas. Utilising these new measures to supplement the proven capacity of the Valuation Office to deliver revaluations will see significant progress towards a more rapid completion of the national programme of revaluation. As mentioned, the occupier-assisted valuation system will be tested in County Laois and its results together with the results of the outsourcing project will be critically appraised before a decision is taken by the Commissioner as to whether it is prudent to use these measures in revaluation projects commencing in other rating authority areas.
76. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of the powers of the charities regulator; and if she will make a statement on the matter. [19738/16]
View answer77. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality why Part 4 of the Charities Act 2009 has yet to be enacted; the statutory powers of investigation with respect to charitable organisations the Charities Regulatory Authority currently has; and if she will enact this part of the legislation in order to give the charities regulator powers to investigate complaints made against charities. [19056/16]
View answer100. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the powers the charities regulator has to investigate or otherwise act when there are concerns about a registered charity; the number of times in the past five years such powers have been used; and if she will make a statement on the matter. [19521/16]
View answer101. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the sections of parts of the Charities Act 2009 yet to commence and the details of same; and if she will make a statement on the matter. [19522/16]
View answer106. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality when she will commence the legislation giving the Charities Regulatory Authority power to investigate charities; and if she will make a statement on the matter. [19647/16]
View answer112. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality why Part 4 of the Charities Act 2009, which gives the Charities Regulatory Authority statutory powers of investigation with respect to charitable organisations, has not commenced; and if she will make a statement on the matter. [19737/16]
View answerI propose to take Questions Nos. 76, 77, 100, 101, 106 and 112 together.
The Government is fully committed to ensuring that the Charities Regulator has the necessary resources available to achieve its goals and made provision for an increase of over 80% in its budget for 2016.
The key areas of work of the Regulator include registration and award of charitable status, annual reporting, compliance and investigations, charity services and providing a public register and statistical information on the charity sector. These functions have been introduced on a phased basis. The Authority's initial priority has been the compilation of the statutory Register of Charities, with a view to underpinning and supporting the investigatory and enforcement functions. The deadline for organisations to apply for inclusion on the Register of Charities was 16 April 2016 and a significant surge in applications was received before that deadline. The Regulator is currently processing over 1500 applications from charitable organisations in addition to applications from 3,600 schools that are being registered in a separate registration system.
My Department have been working closely with the Charities Regulator to ensure that the full range of provisions contained in the Charities Act 2009 can be commenced as soon as possible, in particular Part 4 of the Act which contains investigatory and enforcement powers. I should point out that, in the interim, the Regulator has in place a process to receive and assess concerns received from the public (in relation to individual charities) and takes appropriate regulatory action when this is warranted. However, having received advice in relation to this from the Authority, I can confirm that this afternoon I have signed the necessary Statutory Instrument to commence Part 4, to come into effect from 5 September 2016.
Some sections of Part 7 also remain to be commenced. These sections concern a range of miscellaneous matters, including provisions in relation to charitable fundraising. Commencement of those provisions is dependent on the outcome of the deliberations of a Consultative Forum on Charitable Fundraising convened by the Regulator to make recommendations on the implementation of these provisions. My Department is engaging with the Charities Regulator on an appropriate timeline for commencement of the remaining provisions of Part 7, and I expect to be in a position to sign these into effect in the near future.
78. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality if she has initiated an investigation or inquiry into corporate governance issues at a charity (details supplied); and if she will make a statement on the matter. [19057/16]
View answerThe independent Charities Regulatory Authority, a dedicated and statutory regulator for charities, was established on 16 October 2014. The registration and regulation of all the charities active in this country is the responsibility of the Authority, also known as the Charities Regulator.
The Regulator has a process in place to receive and risk assess concerns received from the public (in relation to individual charities) and takes appropriate regulatory action where warranted. The independence of the Charities Regulator must of course be respected and I have no direct role in the matter.
However, I have been informed that the Regulator is aware of the allegations regarding a particular charity and that it is actively engaged with the trustees and representatives of the charity and, where appropriate, has referred material to other relevant authorities. On 30 June last, the Charities Regulator used its statutory powers to address matters at the organisation referred to by appointing five new trustees, with the competencies and skills to support the charity to achieve its purpose, to the charity's Board. This complements the legal moves made by the charity itself. The Regulator also met last week with the charity, its legal representatives and the interim investigators and was informed that immediate action was being taken to protect the organisation’s assets and ensure its continuation of services. The Regulator authorised and supported legal action in the High Court to protect the charity's assets. However, the Deputy will appreciate that the Charities Regulator has no role in investigating criminal allegations such as fraud. In this context, effective inter-agency cooperation can play a valuable role to ensure an appropriate response with full use of all of the relevant legislation.
79. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she will consider the full release of all relevant documentation and files held by her Department and An Garda Síochána with regard to an incident (details supplied); and if she will make a statement on the matter. [19062/16]
View answerThe impact of the murders to which the Deputy refers and, indeed, the many other atrocities perpetrated during the troubles on this island, continues to be felt to this very day. Our thoughts are always first and foremost with the survivors and the relatives of the victims of those events.
As the Deputy is aware, the late Mr. Justice Henry Barron carried out detailed inquiries into many of these awful incidents in which so many innocent people lost their lives, including the incident which the Deputy raises. My Department and the Garda Authorities co-operated fully with the Barron inquiries, including in respect of providing the relevant documentation in their possession to Judge Barron. Any documents held by my Department in respect of incidents such as these are reviewed on a regular basis with a view to release in accordance with requirements of the National Archives Act 1986, with particular regard to the requirements of section 8 of that Act in respect of the transfer of records to the National Archives.
The attack was claimed at the time by the Ulster Volunteer Force. It is very clear, however, from various investigations carried out down the years that members of the Ulster Defence Regiment were deeply involved in it. Indeed, three former members of the UDR were prosecuted in Northern Ireland and convicted of murder for their part in this incident. The 2011 report of the PSNI's Historical Enquiries Team concluded that the murders raised troubling questions about collusion between security forces in Northern Ireland and loyalist paramilitaries. I understand also that a civil action for damages is being pursued currently in Northern Ireland against the police and the UK Ministry of Defence in respect of this incident.
As the Deputy will also be aware, acknowledging and addressing the needs of the victims of violence has been an essential element of building peace and reconciliation in the context of the Northern Ireland peace process. The Stormont House Agreement, established between the Irish and British Governments and the parties in Northern Ireland contains a series of valuable measures that aim to put in place a new framework to deal with the legacy of the troubles, including a mechanism to make available, if possible, more information about troubles-related killings to victims and their families from official and other sources. The Government is fully committed to supporting those arrangements once agreement can be finalised in respect of them between all parties involved and detailed work is ongoing in this regard.
80. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the reason for the delay in issuing a Garda vetting clearance to a person (details supplied), given the fact that the person is currently waiting to be recruited as a member of An Garda Síochána; and if she will make a statement on the matter. [19069/16]
View answerAs the Deputy will be aware, I sought further information from him with regard to the person to whom he refers in order for the Garda authorities to be in a position to pursue his query. I am currently awaiting a Garda report on the status of the vetting application and I will contact the Deputy directly when the report is to hand. The Deputy should note that while the current average processing time for vetting applications is four weeks, in some individual cases additional enquiries may be necessary and this may result in processing times in excess of the average.
81. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality if she has reviewed proposals in conjunction with An Garda Síochána to reform the training of new entrants to the Garda, including proposals for recruits to undertake training courses in other higher education institutions, such as universities or institutes of technology, and to share some courses, such as courses in forensics, with undergraduates from the general student population, rather than undertaking the full extent of their training in Templemore; and her views on such proposals. [19072/16]
View answerAll Gardaí recruited since the reopening of the Garda College in September 2014 are undertaking the new 2 year training programme which leads to a Bachelor of Arts in Applied Policing and is accredited by the University of Limerick. The programme is the outcome of a comprehensive review of foundation training for entrants to An Garda Síochána completed in 2009 and which encompassed reviews of training in a number of other jurisdictions, including the UK, other European states and the United States.
Phase 1, which lasts 32 weeks, is based in the Garda College and places a strong emphasis on problem-based learning where students learn in small groups through engagement with realistic policing scenarios. This methodology emphasises the development of ‘learning to learn’ skills, the development of reflective practice and supports the transition into learning in an operational policing environment.
Phase 2, which lasts for 65 weeks, is primarily based in Garda stations with appropriate training and development structures in place that include access to a trained tutor Garda and a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme. During the course of their placements trainees move through three development stages from assisting his or her Garda tutor to taking the lead role and being assisted by the tutor, to finally the autonomous stage where they are deployed in regular policing activity and work independently within the operational unit. Over the course of the placement they also return to the Garda College for a number to weeks to further enhance their skills in specialist areas including sexual assault, intelligence-led policing, file preparation and court presentation and so on.
Phase 3 consists of seven weeks of preparation for final exams and assessments and I look forward to the first batch of new recruits graduating from the programme later this year. In these I share the Garda Commissioner's view that it is too early to conduct a formal evaluation of the Programme. I understand, however, from those leading the Programme that the feedback from managers and colleagues on the ground is positive.
I am advised by the Garda Commissioner that training and qualification in specialist functions takes place on a needs basis in collaboration with a range of policing and academic institutions in addition to internal expertise. Additional courses are available in collaboration with a number of third level colleges for all members of An Garda Síochána. This takes the form of Garda members of all ranks participating in the various courses with other students from a variety of backgrounds. The external third level training is provided in conjunction with a large volume of other training courses delivered through the Garda College around various specialist areas of policing. In addition An Garda Síochána also offers places on Garda-run courses to relevant external bodies and agencies.
82. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which a number of incidents in Celbridge, County Kildare, have been identified and pursued with a view to prevention of any further activity, identification of the perpetrators and any further action required to prevent repetition; and if she will make a statement on the matter. [19142/16]
View answerThe Deputy will appreciate that the investigation of incidents such as those referred to is a matter for an Garda Síochána in the first instance, and that I have no direct role in relation to particular Garda investigations. To be of assistance I have provided the Garda authorities with copies of the documents referred to by the Deputy for appropriate attention.
Anyone who may have information in relation to this or similar incidents should of course contact the Gardaí directly, either in person at a local Garda station or, if preferred, through the Garda confidential line, 1800 666 111.
83. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied); and if she will make a statement on the matter. [19176/16]
View answerI have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 12th December 2005 and was registered as a student between 27th January 2006 and 16th January 2007.
It is noted that the person concerned has not made contact with the INIS Residence Division in respect of their position in the State, and there are no applications pending with INIS in respect of this person.
The person concerned has not had permission to remain in the State since 16th January 2007, and they should be aware that it is illegal under the Immigration Act 2004 to reside in the State without permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable, under section 13 of the Immigration Act of 2004, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or to both. As the person in question does not have immigration permission to remain in the State, they are not entitled to work. Against this background, the person concerned should attend their local Garda National Immigration Bureau Office as soon as may be.
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.
84. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will issue a temporary travel document on humanitarian grounds in the case of a person (details supplied); and if she will make a statement on the matter. [19184/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of having received an application for a temporary Irish Travel Document from the person concerned. It is, however, open to the person concerned to submit such an application, accompanied by the relevant supporting documentation. Any such application should be addressed to the INIS Travel Document Section, Ministerial Decisions Unit, Repatriation Division, Irish Naturalisation and Immigration Service, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2. Detailed information on the application process and the relevant application form is available on the INIS Website - www.inis.gov.ie.
It should be noted that it will be up to the person concerned to contact their Embassy in the first instance, should they need a document to travel abroad. It is only where it can be demonstrated by the person concerned that they have made reasonable and formal efforts to obtain a national passport and that it has been formally and unreasonably refused that INIS may issue a travel document in such circumstances.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.
85. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality to report on the current incidence of car theft and the response of An Garda Síochána and the courts to this continuing criminal activity; and if she will make a statement on the matter. [19194/16]
View answerThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy. I would note, however, that the most recent statistics published by the CSO record that incidents in the 'theft/taking of vehicle and related offences' category fell by 21.3% in the 12 months to end March 2016, which is very welcome.
I am assured that An Garda Síochána vigorously pursue the investigation of the crimes referred to and all other crimes. In addition, a range of crime prevention advice is available from An Garda Síochána in relation to property theft, including vehicle theft. Furthermore, the Deputy will be aware of the very significant investments in policing which have been put in place, and the Government's intention to bring the overall strength of An Garda Síochána to 15,000 members through a programme of accelerated recruitment. The Government's commitment to support enhanced policing will undoubtedly assist in the prevention and investigation of this and all other forms of crime.
86. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality when she will bring forward the judicial council Bill; if a system of judicial education in close liaison with university law faculties will be included in the Bill; and if she will make a statement on the matter. [19195/16]
View answerLegislation is being drafted to provide for the establishment of a Judicial Council, the key functions of which will encompass the maintenance and promotion of excellence in the exercise by judges of their judicial function and of high standards of conduct among judges. Proposals in relation to the matter of judicial training will be included in the Bill.
Work on the drafting of the Bill is continuing in conjunction with the Office of the Attorney General and my Department is working closely with that Office to bring that work to a timely conclusion.
87. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality her plans to give university faculties of law a direct role in providing full educational and work qualifications for student solicitors and barristers; and if she will make a statement on the matter. [19196/16]
View answerThe Legal Services Regulation Act 2015 provides a new framework to deal with the area of legal professional education including in terms of who provides it, who has access to it, and what professional qualifications may apply. This combines regular reporting obligations with the undertaking of a comprehensive review of the issues concerned by the new Legal Services Regulatory Authority. That review will be open to all stake-holders including, on the delivery side, universities and other third-level providers of legal professional education.
As a starting point, section 13 of the 2015 Act provides that the new Regulatory Authority may, and where required by the Act, shall, keep under review and make recommendations in respect of the admission requirements of the legal professions under their respective bodies and the availability and quality of such education and training. This will also take into account the curriculum arrangements for the provision of clinical legal education and the teaching of legal ethics, negotiation skills, alternative dispute resolution and advocacy and the methods by which, and the persons by whom, such education and training is provided.
The new Legal Services Regulatory Authority will also be obliged to report on the admissions policies of the legal professions within four months of the end of each financial year. Under section 33 of the 2015 Act this report shall specify the number of persons admitted to each of the legal professions during the given year. It will also contain an assessment as to whether or not, having regard for the demand for the services of practising solicitors and barristers and the need to ensure an adequate standard of education and training for persons admitted to practice, the number of persons so admitted in that year "is consistent with the public interest in ensuring the availability of such services at a reasonable cost". A copy of this report will be laid, by the Minister, before each House of the Oireachtas.
In addition to these underlying functions, the new Legal Services Regulatory Authority has been given the specific task of preparing, with the support of a public consultation process, what amounts to a comprehensive report to the Minister in relation to "the education and training (including on-going training) arrangements in the State for legal practitioners, including the manner in which such education and training is provided". This report is to be provided to the Minister within two years of the new Authority's establishment and under the detailed parameters set out in section 34 (3) of the 2015 Act. It will contain "a review of the existing arrangements relating to the education and training of legal practitioners" and make such recommendations as considered appropriate in relation to the arrangements that, in the opinion of the Authority, should be in place for the provision of such education and training. This is to include "the accreditation of bodies to provide such education and training and the reforms or amendments, whether administrative or legislative, which are required to facilitate those arrangements".
I would also draw attention to Section 34 (3) (c) of the Act which lays out the specific areas of recommendation that are to be dealt with under the review process. These are to include, among other matters, the appropriate standards of education and training for legal professional qualifications; arrangements necessary to monitor those standards; the scope and content of the curriculum for the courses concerned; standards required for the award of legal professional qualifications, and arrangements that would facilitate the minimisation of duplication and consequent expense incurred in the taking of overlapping examinations in legal subjects.
Under the Legal Services Regulation Act 2015 the new Legal Services Regulatory Authority is, therefore, set to regularly monitor, and to undertake a comprehensive review, of legal professional education that will include stake-holder participation in the relevant public consultation process. These reforming measures provide us, under the terms and objectives of the 2015 Act, with a ready-made opportunity to shape and reform the provision of legal professional education in the State for the years to come.
88. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the number of drug detection dogs available to An Garda Síochána; the location of such dogs; and her plans to deploy more drug detection dogs across the country. [19242/16]
View answerThe Deputy will appreciate that the provision and allocation of resources for An Garda Síochána is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter. Garda resources allocated throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the general public.
I have been informed by the Garda authorities that the Garda Dog Units have a national remit and are based in the Dublin Metropolitan Region and the Southern Region. There are currently nineteen dogs attached to the Garda Dog Unit, comprising general purpose (search), drugs and explosive detection dogs. For security and operational reasons, An Garda Síochána have advised they cannot provide information in relation to the specific number of drug detection dogs and their locations.
