Tuesday, 4 Oct 2016

Written Answers Nos. 67-90

Cabinet Committee Meetings

Questions (67)

Micheál Martin

Question:

67. Deputy Micheál Martin asked the Taoiseach the number of Cabinet sub-committees which were held in September 2016. [28160/16]

Written answers

The Taoiseach

Five Cabinet sub-Committee meetings where held in September 2016 on:

Brexit,

Social Policy and Public Service Reform,

Health,

Regional and Rural Affairs, and

Housing.

Cabinet Committee Meetings

Questions (68)

Micheál Martin

Question:

68. Deputy Micheál Martin asked the Taoiseach if the Cabinet committee on transport met in September 2016; and if he will make a statement on the matter. [28161/16]

Written answers

The Taoiseach

The Cabinet Committee on Infrastructure, Environment and Climate Action met in July and is scheduled to meet again in October. This Committee considers strategic issues around the development of infrastructure, including transport.

UK Referendum on EU Membership

Questions (69)

Micheál Martin

Question:

69. Deputy Micheál Martin asked the Taoiseach if Ireland is in favour of Article 50 being invoked as soon as possible. [28163/16]

Written answers

The Taoiseach

Since the UK referendum result in June, Ireland has been consistently clear that, while it was reasonable to allow some time for reflection and preparation for negotiations, it was fundamentally in the best interests of all for the UK to trigger Article 50 as soon as possible. In this regard, Prime Minister May’s comments over the weekend are welcome. We now have some clarity about the timeline for the process.

Article 50 will provide the framework for withdrawal negotiations. At a meeting of 27 EU Heads of State or Government in Brussels on 29 June, we agreed a number of principles, including that no negotiations should take place until the UK Government has formally triggered Article 50: this remains the case.

We expect that, further to Prime Minister May’s announcement, work will now step up at EU level to prepare for the triggering of Article 50 by next March at the latest. Ireland will remain centrally involved in these efforts in order to best defend and promote our interests.

Separate negotiations on the UK’s future relationship with the EU will also need to take place: here, we still await clarification from the UK government as to what type of relationship it will seek. As I have stated on previous occasions, from Ireland’s perspective, we would like the UK to have as close a relationship with the EU as possible, once it is no longer a Member State.

Ireland’s priorities in the period ahead remain unchanged. In all negotiations, the Government will seek to ensure that the best possible outcomes can be achieved for our citizens, for our economy, for Northern Ireland and for the Common Travel Area.

Work will continue to intensify across Government in the weeks and months ahead to achieve those objectives. It is important to remember that our preparations have been ongoing for over twelve months and that we have already progressed much important work, particularly in relation to contingency planning.

Finally, I would like to note that, until it formally withdraws from the European Union, the UK remains a full Member State, with all the existing rights and obligations that membership confers.

UK Referendum on EU Membership

Questions (70, 71)

Micheál Martin

Question:

70. Deputy Micheál Martin asked the Taoiseach the status of the work done by the group he set up under the auspices of his Department on Brexit. [28164/16]

Niall Collins

Question:

71. Deputy Niall Collins asked the Taoiseach if he has set up a departmental task force to acquire EU agencies and research projects from the UK that may have to relocate from Britain after Brexit negotiations are completed; and if he will make a statement on the matter. [28264/16]

Written answers

The Taoiseach

I propose to take Questions Nos. 70 and 71 together.

The Government has established a new Cabinet Committee on Brexit which I chair. The Committee will oversee the overall Government response, including both the economic impact and the negotiations at EU level and with the administrations in London and Belfast. This will be supported in its work by a Senior Officials Group on BREXIT which will build on the work which was undertaken by the Inter Departmental Group on EU/UK Affairs.

A Second Secretary General has been appointed to lead a new integrated division within my Department with responsibility for EU, Northern Ireland, British-Irish and International affairs.

The appointment is part of a series of actions I announced following the referendum. This includes the strengthening of the EU policy role of the Department of Foreign Affairs and Trade as well as the strengthening of other key Departments, agencies and overseas missions.

This will be complemented by existing structures. They include: the Cabinet Committee on EU Affairs and the EU Senior Officials Group which supports it; and a consultative group of external stakeholders, including ICTU, IBEC and other business representative groups and relevant NGOs.

In anticipation of Article 50 being triggered in early 2017, all Departments have been examining all possible models for the future UK relationship with the EU, from continued membership of the single market to a full exit of the customs union.

As well as intensifying analysis of the risks associated with Brexit, Government Departments are also working to identify opportunities that may arise.

This includes inward investment opportunities and relocation of EU bodies currently located in the UK. Sector-by-sector work in this area continues, with for example potential scientific/R&D opportunities being closely pursued by Science Foundation Ireland.

Enterprise Ireland and the IDA are in close contact with their clients on the challenges and opportunities presented by the referendum result. They have also extended their schedule of Trade Missions.

The IDA will continue to promote the attractiveness of Ireland as a location of choice for investment and talent and will seek to maximise opportunities that might arise. This is based on our unique competitive strengths and our position as an English-speaking country in Europe and in the eurozone.

Government will also continue to implement our clear strategy for driving growth in the financial services sector.

Cabinet Committee Meetings

Questions (72)

Micheál Martin

Question:

72. Deputy Micheál Martin asked the Taoiseach when the Cabinet sub-committee on justice last met. [28652/16]

Written answers

The Taoiseach

The Cabinet Committee on Justice Reform last met on 6 July 2016.

Commissions of Inquiry

Questions (73)

Micheál Martin

Question:

73. Deputy Micheál Martin asked the Taoiseach the progress regarding the setting up of the commission of inquiry into Project Eagle. [28653/16]

Written answers

The Taoiseach

As the Deputy is aware, on Thursday 15 September 2016, I met party leaders with a view to hear their views on the issues of public concern that require further investigation in relation to NAMA's sale of Project Eagle. As agreed at that meeting, on Friday 23 September 2016 I received a number of submissions on the matter. These are currently being considered and I will consult further with party leaders on how to proceed in the very near future, including on the question of who should be the specified Minister under the Commissions of Investigation Act 2004. This approach will also need to take account of the ongoing hearings by the Public Accounts Committee on foot of the C&AG Report on this issue.

Regeneration Projects Status

Questions (74)

Micheál Martin

Question:

74. Deputy Micheál Martin asked the Taoiseach the status of the north Dublin inner city forum; and the actions that have been taken in this regard. [28655/16]

Written answers

The Taoiseach

Last July Government launched a major initiative for the Dublin North East Inner City with the establishment of a Ministerial Taskforce to oversee the long-term social and economic regeneration of the area.

To support the work of the Ministerial Taskforce, which I Chair, Mr Kieran Mulvey has been appointed to engage with the local community groups, representatives and other interests, and to report back by November with specific recommendations.

The Ministerial Taskforce met recently and was briefed by Mr Mulvey on his work to date which has mainly involved meetings with people in the area, including community groups, residents, businesses, public representatives and public agencies. He will continue his programme of meetings and has invited short submissions to made by individuals or groups to him over the coming weeks. He remains on track to submit his report by end-November.

A number of immediate measures were also announced to help the community address some of the immediate challenges facing it, including investment in sports facilities, community and youth projects, and the refurbishment of Fitzgibbon Street Garda Station.

Public Sector Reform Implementation

Questions (75)

Micheál Martin

Question:

75. Deputy Micheál Martin asked the Taoiseach the public sector reform measures taken in his Department in the past year. [28657/16]

Written answers

The Taoiseach

My Department submits regular reports to the Department of Public Expenditure and Reform regarding progress with implementation of its Integrated Reform Delivery Plan under the Public Sector Reform Plan 2014 – 2016.

Some examples of specific actions taken in my Department under the Plan in the past year include:

- playing a central role in supporting the Civil Service Renewal Plan through the Civil Service Management Board, chaired by the Secretary General of my Department, and the Civil Service Accountability Board which I chair;

- establishing a new Division in my Department dealing with EU, Northern Ireland, British-Irish and International Affairs including the emerging policy issues that are impacting on British-Irish relations in light of the UK’s decision to exit the EU;

- establishing a Parliamentary Liaison Unit to facilitate the enhanced relationship between the Government and the Oireachtas with a view to ensuring the timely implementation of the Government’s legislative programme;

- publishing a draft National Risk Assessment for public consultation;

- publishing the assignment of responsibilities for senior management in my Department on the WhodoesWhat website;

- publishing a Governance Framework for my Department which takes account of the Corporate Governance Standard for the Civil Service;

- publishing a Freedom of Information (FOI) Publication Scheme, as required by the FOI Act 2014, to make as much information as possible available about the work of my Department in an open and accessible manner, having regard to the principles of openness, transparency and accountability as set out in the Act;

- continuing to oversee the monitoring and implementation of the 304 Actions in the 2016 Action Plan for Jobs and publishing quarterly reports on targets reached jointly with Department of Jobs, Enterprise, and Innovation;

- transitioning to Civil Service Shared Service providers PeoplePoint and the Payroll Shared Service Centre for the provision of pension, transactional HR and payroll services;

- participating in the implementation of the Civil Service Employee Engagement Survey;

- participating on the Civil Service Learning and Development Business Partners Network which was established by the Department of Public Expenditure and Reform under Action 9 of the Civil Service Renewal Plan;

- continuing implementation of Leadership Development activities in my Department including 360-Degree Leadership Assessments and one-to-one coaching;

- improved implementation of and compliance with the Performance Management and Development System in my Department; and

- implementing a pilot Mentoring Programme for Clerical Officers in my Department and participating in the Civil Service Graduate Development Programme;

- fully implementing cross-Government reforms including the Haddington Road and Lansdowne Road Agreements.

Public Sector Staff

Questions (76)

Michael Fitzmaurice

Question:

76. Deputy Michael Fitzmaurice asked the Taoiseach the number of retired public sector employees in his Department and bodies under its aegis who are in receipt of a public sector pension who have been re-employed either part-time or full-time, temporary or otherwise, by the public sector; and if he will make a statement on the matter. [28985/16]

Written answers

The Taoiseach

One person who previously retired from the public service, and who is in receipt of a public service pension, is employed in an unestablished position by my Department. The person concerned is the Government Press Secretary and I selected him for this position in 2011, in accordance with the usual procedure for appointments to this post.

Departmental Staff Data

Questions (77)

Brian Stanley

Question:

77. Deputy Brian Stanley asked the Taoiseach the number of staff employed by his Department or seconded to his Department; and if he will make a statement on the matter. [28998/16]

Written answers

The Taoiseach

There are currently 202 staff employed in my Department, equating to a whole time equivalent (wte) staff number of 192.7. 21 staff members are on secondment to my Department.

Refugee Resettlement Programme

Questions (78)

Darragh O'Brien

Question:

78. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality the efforts being made by her and her EU counterparts to protect and assist unaccompanied minors in camps such as Calais; the efforts being made to ensure that such children do not disappear from such camps; and if she will make a statement on the matter. [28318/16]

Written answers

Tánaiste and Minister for Justice and Equality

The ongoing migration crisis is a serious and extremely complex challenge facing the EU with numerous pressure points and it is important that there be a coherent and coordinated response. Persons who are currently in another EU Member State, including those in the camps in Calais, and who are in need of international protection, are entitled to make an application for asylum in that country, should they wish to do so. We also need to bear in mind that a defining characteristic of the people in Calais, including unaccompanied minors, has been their very strong desire to go to the UK as their ultimate destination and that this is unlikely to change. In that respect I do not see that a unilateral initiative from Ireland would be appropriate in this case, not least given the fact that this is a delicate situation involving the borders between two other Member States.

The Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. In announcing the IRPP, the Government recognised the importance of prioritising family groups and in addressing the position of unaccompanied children. A significant number of those who have arrived to date are children with one or two parents. With regard to unaccompanied minors Ireland has formally indicated to Greece its desire to accept unaccompanied minors under the relocation mechanism and we now have a commitment from the Greek authorities that Ireland will be receiving the first group of unaccompanied minors later this year. Tusla - the Child and Family Agency with responsibility for the care of unaccompanied minors in the State - will travel to Greece to assess the needs of those minors and plan for their care and accommodation upon arrival.

I share the Deputy's concerns in relation to unaccompanied minors as an especially vulnerable group and I expect this issue to remain high on the agenda at EU level.

Garda Equipment

Questions (79)

Mattie McGrath

Question:

79. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will consider fitting all Garda stations with a defibrillator to serve their communities; if the cost of maintaining defibrillator units already fitted at Garda stations by the community could be met by her Department; and if she will make a statement on the matter. [28044/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the provision of equipment for An Garda Síochána and I, as Minister, have no direct role in the matter.

I am informed by the Garda authorities that they are currently engaged in a procurement process for the acquisition of defibrillators and the provision of training in the use of these defibrillators.

There are no plans at present to provide funding for the maintenance of equipment that is not procured by An Garda Síochána. However, the Programme for Government commits the Government to assist in the purchase of defibrillators for public use and the Deputy will be aware that this is a matter that would, in the first instance, come within the remit of my colleague, the Minister for Health.

Garda Compensation

Questions (80)

Bobby Aylward

Question:

80. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality the number of Garda compensation claims under assessment in her Department from gardaí who have been previously or are stationed in County Carlow, or who were or are residing in County Carlow; and if she will make a statement on the matter. [28101/16]

Written answers

Tánaiste and Minister for Justice and Equality

Currently there are 124 cases being assessed by my Department under the Garda Síochána (Compensation) Acts, 1941 and 1945. An assessment of an application is made based on all medical reports submitted by the applicant, together with a report on the incident by the Garda Commissioner and a report on the injury by the Garda Chief Medical Officer.

At present, my Department is examining two applications from Gardaí in Co. Carlow.

Garda Compensation

Questions (81)

Bobby Aylward

Question:

81. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality the number of Garda compensation claims under assessment in her Department from gardaí who have been or are stationed in County Kilkenny, or who were or are residing in County Kilkenny; and if she will make a statement on the matter. [28102/16]

Written answers

Tánaiste and Minister for Justice and Equality

Currently there are 124 cases being assessed by my Department under the Garda Síochána (Compensation) Acts, 1941 and 1945. An assessment of an application is made based on all medical reports submitted by the applicant, together with a report on the incident by the Garda Commissioner and a report on the injury by the Garda Chief Medical Officer.

At present, my Department is examining one application from a Garda in Co. Kilkenny.

Garda Reserve

Questions (82)

Michael Healy-Rae

Question:

82. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her plans to change the rules whereby members of the Garda Reserve cannot patrol without a garda being with them (details supplied). [28126/16]

Written answers

Tánaiste and Minister for Justice and Equality

One of the primary functions of the Garda Commissioner under the Garda Síochána Acts is to direct and control An Garda Síochána, including the Garda Reserve. Deployment of a reserve member is governed by the Garda Síochána (Reserve Members) Regulations 2006 which states that a Reserve member shall be placed on duty under the supervision of a member of another rank.

The Garda Reserve performs policing duties as determined by the Garda Commissioner, while accompanied by full time Gardaí. The role is to provide local patrols and participate in crime prevention initiatives targeted at specific local problem areas. Reserve members are also involved in policing major incidents and events, and in providing other operational support to full time Gardaí. In recent years the Garda Commissioner has conferred further powers on reserve members under the Criminal Justice (Public Order) Act 1994 and the Road Traffic Act 1961 and has also decided that they should carry out more duties including the serving of summonses, and the issuing of Fixed Charge Penalty Notices where offences are detected.

The Programme for Government includes a commitment to double the Reserve along with other commitments to further accelerate recruitment to reach a target of 15,000 Gardaí and to further increase the number of civilians. In the context of the planned expansion of the Reserve it is important that consideration is given to optimising its use and I expect that the audit of the skills and experience of reserve members being undertaken at present by the Garda Reserve Management Office established by the Commissioner will inform consideration of the future role of the Reserve including whether additional powers should be conferred on reserve members.

Naturalisation Applications

Questions (83)

Richard Boyd Barrett

Question:

83. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the reason a person (details supplied) has been waiting since 2013 for an application for naturalisation to be processed; and if she will make a statement on the matter. [28131/16]

Written answers

Tánaiste and Minister for Justice and Equality

I 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 under consideration and a decision is expected to issue in the coming days.

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.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

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.

Legislative Programme

Questions (84, 97, 120)

Róisín Shortall

Question:

84. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the progress of the Criminal Law (Sexual Offences) Bill 2015; when she expects to bring the Bill to Second Stage; and if she will make a statement on the matter. [28132/16]

John Curran

Question:

97. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she will give priority to move the Criminal Law (Sexual Offences) Bill 2015 through all Stages in Dáil Éireann and if she will indicate a timeline for this; and if she will make a statement on the matter. [28187/16]

Jim O'Callaghan

Question:

120. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the Criminal Law (Sexual Offences) Bill 2015, tackling child grooming, human trafficking and prostitution and supporting Ireland’s most vulnerable children and adults, will be progressed, noting that it has been listed as priority legislation and is urgently needed; and if she will make a statement on the matter. [28570/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 84, 97 and 120 together.

The Criminal Law (Sexual Offences) Bill 2015 was introduced in September 2015 and completed all stages in Seanad Éireann in January of this year. The Bill is scheduled to begin second stage in Dáil Éireann on 5 October. I am committed to the passage and enactment of this Bill as a matter of priority.

Policing Co-operation

Questions (85, 86, 87, 88, 89)

Pearse Doherty

Question:

85. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the protocol regarding the presence of undercover officers from another jurisdiction operating here; if the Garda Commissioner has to authorise the presence of foreign undercover police; if the Garda Commissioner is obliged to inform her of the presence of undercover police officers in the State; and if she will make a statement on the matter. [28140/16]

Pearse Doherty

Question:

86. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if the identity of an external activist is revealed to the Garda Commissioner and-or her on foot of authorisation being granted by the Garda Commissioner to another police force to place an external activist under surveillance in the State. [28141/16]

Pearse Doherty

Question:

87. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the safeguards in place to ensure that foreign undercover police officers carrying out surveillance of external activists within the State are not acting as agent provocateurs and that the civil liberties of Irish citizens are not compromised. [28142/16]

Pearse Doherty

Question:

88. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality if the surveillance gathered by foreign undercover police officers while operating in the State is shared with An Garda Síochána. [28143/16]

Pearse Doherty

Question:

89. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the definition of exercising police powers when referring to members of undercover police units from another jurisdiction operating in the State. [28144/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 85 to 89, inclusive, together.

I would refer the Deputy to my reply to Question No. 23 (and related Questions) of 16 September 2016 which dealt at some length with issues arising in this regard. I would reiterate for the Deputy that these are entirely operational matters for the Garda Authorities, to be carried out in accordance with their functions as set out in the Garda Síochána Acts, and neither I nor my Department would be involved in such arrangements.

As I have set out previously to the House, it is the advice of the Garda Authorities that assistance from police services from other jurisdictions is a recognised and necessary tactic for managing circumstances where persons from outside the jurisdiction who are unknown to local police may seek to foment or engage in violent protest actions here. Any such arrangements are a matter for operational decisions made between the police services involved and must, of course, operate in accordance with the law.

I would emphasise the point I made previously that there can be no question of any person being permitted to engage in criminal activities here in any circumstances. Any evidence of criminality would be pursued fully the Garda Authorities. There is no question of a police officer from outside the jurisdiction exercising police powers here - by that is meant that an officer from a police service other than An Garda Síochána cannot exercise the powers available to members of An Garda Síochána in respect of fulfilling the functions for which they have responsibility under the Garda Síochána Acts.

Residency Permits

Questions (90)

Bernard Durkan

Question:

90. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in the determination of an application for residency status pursuant to the Zambrano judgment in the case of a person (details supplied); and if she will make a statement on the matter. [28145/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on parentage of an Irish citizen child in December, 2015. Further information and clarification has been requested by correspondence issued from the INIS, on 23 September, 2016. A reply to that letter is awaited.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or long awaited.