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Tuesday, 22 Nov 2016

Written Answers Nos. 340-361

Trade Strategy

Questions (340)

Micheál Martin

Question:

340. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade the position regarding the commitment in the programme for Government on developing a new cross-sectoral whole of government Asia-Pacific strategy; and if this is progressing. [33548/16]

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Written answers

The Programme for Partnership Government agreed in May 2016 contains a commitment to develop a new cross-sectoral, whole-of-government Asia Pacific strategy, recognising the strengthening relationship between Ireland and many Asia Pacific countries. Last month the Government approved a proposal to commence work on this, as well as a new strategy for the Americas. These will form part of the Government’s overall Trade, Tourism and Investment strategy, which will cover the next five years.

Work on the new Asia Pacific strategy is underway at the Department of Foreign Affairs and Trade. The process will be overseen by an inter-Departmental steering committee which is asked to report to Cabinet in early 2017 with a draft strategy.

The timing is appropriate as, in the aftermath of the UK referendum vote, Ireland moves to consolidate our bilateral and trade relationships with established partners and find new trade opportunities with growing markets. Total exports of goods and services from Ireland to the Asia Pacific region exceeded €20 billion in 2014 and continues to grow. Nine of the 10 fastest growing mega-cities in the world are in Asia. In years when economic growth in the western world was muted, many countries in Asia achieved consistent average annual GDP growth rates in the range of 5pc to 8pc per annum. There is strong potential for Ireland to develop real, lasting and strong economic and social links in this region.

North-South Ministerial Council

Questions (341)

Gerry Adams

Question:

341. Deputy Gerry Adams asked the Minister for Foreign Affairs and Trade his priorities for the North-South Ministerial Council meeting which took place on 18 November 2016. [34560/16]

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Written answers

The Communiqué issued after the plenary meeting of the North South Ministerial Council (NSMC) in Armagh on Friday 18 November 2016 reflects the key points of discussion and the priorities of the Irish Government articulated at that meeting.

A key objective of the Government for the NSMC plenary meeting was to demonstrate that we continue to give priority attention to the Northern Ireland and all-island implications of the referendum decision of the UK to leave the EU - with particular relevance to areas where serious implications arise, including the economy and trade, Northern Ireland and the peace process and the Common Travel Area.

The plenary meeting agreed that the Government and Northern Ireland Executive will continue to work closely together through the NSMC to optimise North South planning in the phases preceding and following the UK withdrawal from the EU. In terms of taking forward the necessary work, the NSMC agreed that the Government and the Northern Ireland Executive will be guided by some common principles. It also agreed that this work would be taken forward through continuing bilateral discussions within the NSMC at sectorial level, as well as through a high-level working group comprising senior officials from the Government and from the Northern Ireland Executive Office.

The NSMC plenary meeting also reviewed progress on the implementation of the Fresh Start Agreement commitments on cross-border infrastructure projects and on the cross-border partnership arrangements, developed by Derry City and Strabane District Council and Donegal County Council, that relate to the North West Gateway Initiative.

Finally, the NSMC plenary also reviewed the major economic and social developments which had occurred in both parts of the island since its last meeting in July 2016. There was a particular welcome for the recent formal launch of the island’s bid to host 2023 Rugby World Cup.

Foreign Policy

Questions (342)

Micheál Martin

Question:

342. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade the impact the election of US President-elect, Donald Trump, will have on American-Irish relations and in particular, regarding Northern Ireland. [34865/16]

View answer

Written answers

The Government is committed to ensuring that the long-standing and warm relationship between Ireland and the US continues and develops. Successive US Administrations – both Democrat and Republican - have provided vital support to the peace process, including through the appointment of a US Special Envoy for Northern Ireland. I am confident that the incoming US Administration will continue to engage with and support the peace process, and to sustain and build on the success that has been achieved with the support of the United States over the last three decades and more.

The Taoiseach spoke with the President-Elect during the night of Wednesday, November 9th. The President-Elect extended an invitation to the Taoiseach to visit the White House this coming St. Patrick’s Day, as is customary.

Despite the limited duration of the call, the Taoiseach was able to raise issues of Irish interest. The Taoiseach also spoke by phone with Vice-President Elect Pence on 18 November and, during that conversation, the latter indicated a strong awareness of matters that concern Ireland and Irish-America.

The incoming Administration, which will take office on 20 January, is still in the process of considering and announcing its nominations to senior offices, including in the area of foreign policy. During this transition period, the Government will avail of all opportunities to engage with the incoming Administration and sensitise them to our issues and concerns – not least the shared commitment of successive Irish and US governments to the peace process in Northern Ireland.

In the meantime, the Government will continue to work with the current US Administration which has made a sustained commitment to the peace process over the last eight years. In this regard, we owe a particular debt of gratitude to President Obama and Secretary of State Kerry for their appointment of Senator Gary Hart who has made a very positive contribution to political progress in Northern Ireland over the last two years.

International Agreements

Questions (343)

Eamon Ryan

Question:

343. Deputy Eamon Ryan asked the Minister for Foreign Affairs and Trade if he will provide an itemised list of all international treaties and conventions which the State or plenipotentiary thereto has signed, but not ratified, in tabular form; the date, title and purpose of the agreement in each case; the date the agreement was reached; the date the agreement was opened to signatories; the date the State signed the agreement; and if he will make a statement on the matter. [36359/16]

View answer

Written answers

As requested, I am providing the Deputy with an itemised list of all international treaties and conventions which the State has signed, but not ratified, in tabular form. The list has been prepared according to the information available to my Department and aims to be as comprehensive as possible. The purpose of the agreements is indicated by the title in most cases and further information is either publicly available or can be made available by my Department should it be required.

There are 74 agreements on the list:

- 17 Multilateral agreements for which the UN Secretary-General is the depository;

- 19 Council of Europe agreements;

- 23 EU agreements;

- 8 Other multilateral agreements; and

- 7 Bilateral agreements.

The two-step process whereby a state will first sign an international agreement subject to ratification or some other form of approval, such as an exchange of notes informing of completion of the necessary internal procedures, is the usual manner in which international agreements are concluded. This interval permits states to take whatever legislative or administrative measures are required to fulfil obligations assumed under the agreement. The signing of an agreement may be an important demonstration of a state’s support for it, pending its ratification when in a position to do so. Whilst a state is not bound by an agreement which it has signed but not ratified, it is obliged to refrain from acts that would defeat its object and purpose. The alternative would be to refrain from signing the agreement at all, which may be interpreted as a lack of support for the agreement. In this regard, there is nothing unusual, or wrong in principle, in having some time period between signature and ratification, and the length of time required may depend on the complexities of the particular issues involved.

As the Deputy will be aware, Article 29.6 of the Constitution provides that international agreements do not form part of the domestic law of the State unless the Oireachtas so provides through the enactment of legislation. This is what is known as a “dualist” approach to international agreements. In contrast, for some states, ratification of an international agreement automatically incorporates the terms of that agreement into its domestic law. Such states may be in a position to ratify agreements more quickly than dualist states such as Ireland. As Minister for Foreign Affairs and Trade, I have an important role in relation to all international agreements entered into by Ireland. Before a treaty may be signed, ratified or acceded to, it is necessary to obtain an authorising Government Decision. As the Ministers and Secretaries Act 1924 designates the Minister for Foreign Affairs and Trade as the Minister responsible for external relations, all Memoranda for the Government concerning international agreements (other than International Labour Organisation Conventions) are brought by me, irrespective of their substantive content. Where the agreement is the functional responsibility of another Department, as is usually the case, the Memorandum is brought by me on behalf of the relevant Minister.

Therefore, while my Department has a central role in relation to signing and ratifying international agreements, it is often the case that the necessary legislative or administrative measures required to implement them are for the line Department responsible for the subject matter of the agreement. Line Departments, in taking steps to ratify an agreement, will consult with my Department as the ratification process develops to ensure that important procedural steps are followed.

My Department lays all international agreements before this House after they enter into force for Ireland and annually publishes all such agreements in the Irish Treaty Series, which is available on the Department’s website. A notice of all agreements laid before the Dáil is also published in Iris Oifigiúil. In addition, a list of the international agreements which have been signed but not ratified by Ireland is published on the Department’s website and updated annually.

List of International Agreements signed by Ireland, but not Ratified

[1] Multilateral Treaties deposited with the Secretary-General of the United Nations

Number

-

Date Signed

1.

Protocol to Eliminate Illicit Trade in Tobacco Products, done on 12 November 2012

Signed by Ireland on 20 December 2013

2.

Minamata Convention on Mercury, done on 19 January 2013

Signed by Ireland on 10 October 2013

3.

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, done on 10 December 2008

Signed by Ireland on 23 March 2012

4.

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, done on 29 October 2010

Signed by Ireland on 1 February 2012

5.

Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done on 18 December 2002

Signed by Ireland on 2 October 2007

6.

Convention on the Rights of Persons with Disabilities, done on 13 December 2006

Signed by Ireland on 30 March 2007

7.

International Convention for the Protection of All Persons from Enforced Disappearance, done on 20 December 2006

Signed by Ireland on 27 March 2007

8.

International Convention for the Suppression of Acts of Nuclear Terrorism, done on 13 April 2005

Signed by Ireland on 19 September 2005

9.

Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context, done on 21 May 2003

Signed by Ireland on 21 May 2003

10.

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organised Crime, done on 15 November 2000

Signed by Ireland on 13 December 2000

11.

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done on 25 May 2000

Signed by Ireland on 7 September 2000

12.

Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to abate Acidification, Eutrophication and Ground Level Ozone, done on 30 November 1999

Signed by Ireland on 1 December 1999

13.

Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, done on 24 June 1998

Signed by Ireland on 24 June 1998

14.

Protocol to the 1979 Convention on Lang-Range Transboundary Air Pollution on Heavy Metals, done on 24 June 1998

Signed by Ireland on 24 June 1998

15.

Agreement concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections, done on 13 November 1997

Signed by Ireland on 13 November 1997

16.

Optional Protocol to the Vienna Convention on Consular Relations, concerning the Compulsory Settlement of Disputes, done on 24 April 1963

Signed by Ireland on 24 April 1963

17.

Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, done on 18 April 1961

Signed by Ireland on 18 April 1961

[2] Council of Europe Treaties

Number

-

Date Signed

1.

Convention on preventing and combating violence against women and domestic violence, done on 11 May 2011

Signed by Ireland on 5 November 2015

2.

Convention against Trafficking in Human Organs, done on 25 March 2015

Signed by Ireland on 5 October 2015

3.

Council of Europe Convention on the Prevention of Terrorism, done on 16 May 2005

Signed by Ireland on 3 October 2008

4.

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, done on 25 October 2007

Signed by Ireland on 25 October 2007

5.

Protocol amending the European Convention on the Suppression of Terrorism, done on 15 May 2003

Signed by Ireland on 15 May 2003

6.

Convention on Cybercrime, done on 23 November 2001

Signed by Ireland on 28 February 2002

7.

Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid, done on 4 October 2001

Signed by Ireland on 5 October 2001

8.

Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, done on 4 November 2000

Signed by Ireland on 4 November 2000

9.

Civil Law Convention on Corruption, done on 4 November 1999

Signed by Ireland on 4 November 1999

10.

European Convention on the Exercise of Children's Rights, done on 25 January 1996

Signed by Ireland on 25 January 1996

11.

European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes, done on 18 March 1986

Signed by Ireland on 6 December 1990

12.

European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches, done on 19 August 1985

Signed by Ireland on 3 November 1986

13.

European Convention on Social Security, done on 14 December 1972

Signed by Ireland on 23 February 1979

14.

Supplementary Agreement for the Application of the European Convention on Social Security, done on 14 December 1972

Signed by Ireland on 23 February 1979

15.

European Convention on the Control of the Acquisition and Possession of Firearms by Individuals, done on 28 June 1978

Signed by Ireland on 28 June 1978

16.

Convention relating to Stops on Bearer Securities in International Circulation, done on 28 May 1970

Signed by Ireland on 23 April 1974

17.

European Agreement on the Protection of Television Broadcasts, done on 22 June 1960

Signed by Ireland on 22 June 1960

19.

European Convention for the Peaceful Settlement of Disputes, done on 29 April 1957

Signed by Ireland on 29 April 1957

[3] EU Agreements

Number

-

Date Signed

1.

Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador, done on 11 November 2016

Signed by Ireland 11 November 2016

2.

Strategic Partnership Agreement between the European Union and its Member States, of the one part, and Canada, of the other part, done on 30 October 2016

Signed by Ireland on30 October 2016

3.

Comprehensive Economic and Trade Agreement (CETA) between the European Union and its Member States, of the one part, and, Canada of the other part, done on 30 October 2016

Signed by Ireland on30 October 2016

4.

Agreement establishing the EU-LAC International Foundation, done on 25 October 2016

Signed by Ireland on 25 October 2016

5.

Framework Agreement between the European Union and its Member State, of the one part, and Australia, of the other part, done on 5 October 2016

Signed by Ireland on5 October 2016

6.

Partnership Agreement on relations and cooperation between the European Union and its Member States, of the one part, and New Zealand, of the other part

Signed by Ireland on5 October 2016

7.

Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, done on 21 December 2015

Signed by Ireland on 21 December 2015

8.

Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Government of the State of Israel, of the other part, done on 10 June 2013

Signed by Ireland on 10 June 2013

9.

Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, done on 30 April2013

Signed by Ireland on 30 April2013

10.

Agreement on a Unified Patent Court, done on 19 February 2013

Signed by Ireland on 19 February 2013

11.

Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, done on 11 July 2012

Signed by Ireland on 11 July 2012

12.

Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, done on 11 May 2012

Signed by Ireland on 11 May 2012

13.

Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, done on 29 August 2009

Signed by Ireland on 30 June 2009

14.

Convention on centralised customs clearance, concerning the allocation of national collection costs retained when traditional own resources are made available to the EU budget, done on 10 March 2009

Signed by Ireland on 10 March 2009

15.

Convention on the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice of the European Communities, done on 14 April 2005

Signed by Ireland on 14 April 2005

16.

Decision of the representatives of the Governments of the Member States, meeting within the Council, on the privileges and immunities granted to the European Defence Agency and to its staff members, done on 10 November 2004

Signed by Ireland on 10 November 2004

17.

Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, done on 26 October 2004

Signed by Ireland on 26 October 2004

18.

Agreement between the Member States of the European Union concerning claims introduced by each Member State against any other Member State for damage to any property owned, used or operated by it or injury or death suffered by any military or civilian staff of its services, in the context of an EU crisis management operation, done on 28 April 2004

Signed by Ireland on 28 April 2004

19.

Agreement between the EU Member States concerning the status of military and civilianstaff on secondment to the Military Staff of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context(EU SOFA), done on 17 November 2003

Signed by Ireland on 17 November 2003

20.

Protocol, established by the Council in accordance with Article 34 of the Treaty on European Union, to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, done on 16 October 2001

Signed by Ireland on 16 October 2001

21.

Decision of the Representatives of the Governments of the Member States on the privileges and immunities granted to the European Union Institute for Security Studies and the European Union Satellite Centre, and to their bodies and staff members, done on 15 October 2001

Signed by Ireland on 15 October 2001

22.

Convention, established by the Council in accordance with Article 34 of the Treaty on the European Union, on mutual assistance in criminal matters between the Member States of the European Union, done on 29 May 2000

Signed by Ireland on 29 May 2000

23.

First Protocol on the interpretation by the Court of Justice of the European Communities of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, done on 19 December 1988

Signed by Ireland on 19 December 1988

[4] Other Multilateral Agreements

Number

-

Date Signed

1.

Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled

Signed by Ireland on 20 June 2014

2.

Beijing Treaty on Audiovisual Performances

Signed by Ireland on 19 June 2013

3.

Hague Convention on the International Protection of Adults, done on 13 January 2000

Signed by Ireland on 18 September 2008

4.

Universal Postal Union Convention and Final Protocol, done on 12 August 2008

Signed by Ireland on 12 August 2008

5.

First Additional Protocol to the General Regulations (Universal Postal Union), done on 12 August 2008

Signed by Ireland on 12 August 2008

6.

8th Additional Protocol to the Universal Postal Union Constitution, done on 12 August 2008

Signed by Ireland on 12 August 2008

7.

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done on 8 December 2005

Signed by Ireland on 20 June 2006

8.

Convention for the Protection of Cultural Property in the Event of Armed Conflict, done on 14 May 1954

Signed by Ireland on 14 May 1954

[5] Bilateral Agreements

Number

-

Date Signed

1.

Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing the Independent Reporting Commission

Signed by Ireland on 13 September 2016

2.

Agreement between Ireland and the Macao Special Administrative Region of the People’s Republic of China for the exchange of Information relating to tax matters

Signed by Ireland on 12 September 2016

3.

Agreement on the Mutual Recognition of Driving Disqualifications between Ireland and the United Kingdom of Great Britain and Northern Ireland

Signed by Ireland on 30 October 2015

4.

Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing the Independent Commission on Information Retrieval

Signed by Ireland on 15 October 2015

5.

Air Transport Agreement between the Government of Ireland and the Government of the Federal Democratic Republic of Ethiopia

Signed by Ireland on 3 November 2014

6.

Memorandum of Understanding concerning cooperation in the field of Higher Education and Scientific Research between the Government of Ireland and the Government of the United Arab Emirates

Signed by Ireland on 9 January 2014

7.

Agreement between Ireland and Malta on cooperation in combating illicit drug trafficking, money laundering, organised crime, trafficking in persons, terrorism and other serious crime

Signed by Ireland on 26 February 2009

Flood Relief Schemes Funding

Questions (344)

Jackie Cahill

Question:

344. Deputy Jackie Cahill asked the Minister for Public Expenditure and Reform if there is funding ring-fenced for a flood relief programme in Templemore, County Tipperary; if so, the amount; when it is due to commence; and if he will make a statement on the matter. [35795/16]

View answer

Written answers

Provision in the amount of €9.27m has been made in the OPW multi-annual budgets for the construction of the River Mall (Templemore) Flood Relief Scheme. The scheme details are currently with the Department of Public Expenditure and Reform for formal Confirmation by the Minister. Following receipt of confirmation to proceed, OPW staff will require approximately 10 to 12 weeks to mobilise and commence construction.

Flood Risk Management

Questions (345, 346, 347, 348, 349, 350, 351, 352)

Eugene Murphy

Question:

345. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the number of meetings held by the interdepartmental flood policy co-ordination group to date in 2016; and if he will make a statement on the matter. [35724/16]

View answer

Eugene Murphy

Question:

346. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the status of the establishment and operation of the national flood forecasting and warning service unit; the number of staff employed in the unit; and if he will make a statement on the matter. [35725/16]

View answer

Eugene Murphy

Question:

347. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the number of meetings held by the River Shannon co-ordination group in 2016; and if he will make a statement on the matter. [35726/16]

View answer

Eugene Murphy

Question:

348. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the amount of funding put aside for the pilot scheme of individual home protection measures; the amount of money drawn down; the timeframe for a decision on the future of the pilot scheme's national roll-out; and if he will make a statement on the matter. [35727/16]

View answer

Eugene Murphy

Question:

349. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the status of the minor works flood scheme review; and if he will make a statement on the matter. [35728/16]

View answer

Eugene Murphy

Question:

350. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the estimated number and cost of the proposed voluntary homeowner relocation schemes, by county, in tabular form; and if he will make a statement on the matter. [35731/16]

View answer

Eugene Murphy

Question:

351. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the estimated number and cost of the proposed voluntary farm building relocation schemes, by county, in tabular form; and if he will make a statement on the matter. [35732/16]

View answer

Eugene Murphy

Question:

352. Deputy Eugene Murphy asked the Minister for Public Expenditure and Reform the status of the Office of Public Works work on riparian rights landowners legal obligations; and if he will make a statement on the matter. [35733/16]

View answer

Written answers

I propose to take Questions Nos. 345 to 352, inclusive, together.

The Interdepartmental Flood Policy Co-ordination Group that I chair has met four times in 2016 to date. The Group recently presented for consideration and agreement by Government an interim report setting out progress on its work and making appropriate recommendations for consideration by Government at this time. The report has been approved by the Government and is available on the OPW website, www.opw.ie.

A Steering Group to establish a National Flood Forecasting Service has met on six occasions in 2016, agreed a Terms of Reference and prepared and agreed an implementation plan comprising a number of phases, including an initial set-up phase (scheduled for completion by Q3 2018) and a development and trial phase (scheduled for completion by Q1 2020). Given the complexities involved in establishing, designing, developing and testing this new service, it is anticipated that it will take 4-5 years before it is fully operational and will require a staffing complement of 15 full-time posts at that point. Met Éireann has appointed one new staff member to date to lead the project.

The Shannon Flood Risk State Agency Co-ordination Working Group has met on five occasions in 2016, held three public consultation days and has agreed to trial the lowering of lake levels in Lough Allen and consider the costs and benefits of piloting the removal of pinchpoints and dredging of the Shannon, as a further commitment to enhance co-ordinated activities by the relevant State Agencies. The work programme for the agencies involved and other information is available on the OPW website, www.opw.ie.

The Interdepartmental Flood Policy Co-ordination Group is considering the potential costs and benefits associated with the introduction of an individual property protection scheme. The Group is being informed by two pilot projects which are currently underway in Thomastown and Graiguenamanagh in County Kilkenny and Crossmolina in County Mayo. The OPW is funding the cost of the consultants engaged to carry out the property assessments in the locations in question and will reimburse Mayo County Council for the cost of installation of the pilot flood gates in Crossmolina. The Co-ordination Group’s work, when completed, will be submitted to Government for consideration in the context of the merits of the introduction by Government of any scheme to support individual property protection measures.

A review of the Minor Flood Mitigation Works and Coastal Protection Scheme is currently underway with a view to examining the criteria for consideration within the Scheme, including for example the various thresholds for the assessment of benefit. Consultations are underway with Local Authorities with a view to examining any potential improvements, administrative or financial, which will encourage applications under the scheme. The review will be carried out in the shortest possible timeframe and is expected to be completed by the end of 2016.

On 8th November I announced funding of €2m for a targeted humanitarian aid scheme for those primary residential properties that flooded during last Winter and had flooded in previous years to ensure those worst affected homeowners have a primary residence.

While the Government has agreed that the terms of funding for relocation will be in line with the previous scheme in 2009, I am to appraise Government of the ongoing review of the administrative arrangements from that earlier scheme, to ensure that the arrangements for this once-off scheme are reflective of its targeted objective and all relevant circumstances.

I want to ensure that the funding is targeted at those homeowners at greatest risk of future flooding and would gain greatest benefit from State support to relocate.

The Office of Public Works is working jointly with Local Authorities and the Department of Social Protection to identify and prioritise homeowners and review the administrative arrangements for this scheme. I hope to be able to appraise Government and subsequently make initial contact with a small number of targeted homeowners towards the end of this year.

Further examination is ongoing by the Department of Agriculture, Food and the Marine, OPW and Local Authorities in evaluating on an individual basis if any alternative remedial works can be undertaken to protect those at risk farm buildings that flooded again last Winter in order to inform the feasibility of any future once-off targeted scheme for Voluntary Farm Building Relocation.

Guidance and support to clarify the rights and responsibilities of landowners in relation to the maintenance of water course on or near their lands is being developed for Spring 2017, subject to legal advice.

Pension Provisions

Questions (353)

Michael McGrath

Question:

353. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the policy on the unwinding of cuts imposed on public service pensioners under the financial emergency measures in the public interest, FEMPI, legislation; and if he will make a statement on the matter. [35767/16]

View answer

Written answers

In June 2015, Government approved proposals for a significant adjustment of the public service pension reductions (PSPR) which had been applied to all public service pensions above specified thresholds under the Financial Emergency Measures in the Public Interest (FEMPI) legislation. The approved proposals, which subsequently were enacted through the FEMPI Act 2015, provide for changes to occur in three phases, on 1 January 2016, 1 January 2017 and 1 January 2018.

On 1 January 2016, increases in the exemption thresholds for PSPR application were activated. These exemption threshold increases fully removed PSPR from a significant number of pensions with relatively lower values, while those pensions which continue to be impacted by PSPR received a boost of €400 per year.

On 1 January 2017, additional PSPR adjustments, acting principally via further exemption threshold increases, will fully remove PSPR from another significant tranche of public service pensioners, while at the same time boosting those pensions which remain affected by PSPR, in most cases, by €500 per year.

On 1 January 2018, the third phase of PSPR adjustment will ensure that all PSPR-impacted pensions with values up to €34,132 will be fully restored, meaning that PSPR will no longer affect such pensions, while those pensions which continue to be impacted by PSPR will get a boost of, in most cases, €780 per year.

These phased PSPR changes across the public service will cost an estimated €90 million on an annual basis and, when fully implemented, will ensure that only the top 20% higher value public service pensions will continue to be impacted by the PSPR.

Company Registration

Questions (354)

Seán Fleming

Question:

354. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the value of assets transferred to the State as a result of companies that were involuntarily struck off by the Companies Registration Office and any subsequent reinstatement to the organisations concerned for each of the past three years; the mechanisms in place in his Department to ensure these assets are transferred to the State on a timely basis; the estimated value of assets to be transferred to the State that have not yet been received; and if he will make a statement on the matter. [35832/16]

View answer

Written answers

The primary purpose of section 28 of the State Property Act, 1954 is to ensure that there is no gap in legal ownership of the assets of a dissolved company. Once a company is struck off, then its assets vest in the Minister for Public Expenditure and Reform. The vesting is automatic and does not require any intervention from the Minister. As a result, the Minister is not aware of assets vested in him on the dissolution of a company and therefore it is not possible to quantify or value assets that may have devolved to the Minister for Public Expenditure and Reform under the State Property Act, 1954.

The following amounts have transferred in respect of the monetary assets of dissolved companies to the Minister for Public Expenditure and Reform in the past three years:

2013 - €151,997

2014 - €10,843,477*

2015 - €513,400

2016 (to date) - €371,483

The interest acquired by the Minister for Public Expenditure and Reform is described as a defeasible interest as it may be defeated by the restoration of the company, which can happen up to 20 years after its dissolution. In respect of real property, the interest acquired is subject to any encumbrance or charges affecting the land immediately before the dissolution of the company.

It is open to the Minister to consent to the re-instatement of a company or the Minister has the discretion to waive his interest, where after a due diligence process, he is satisfied that it is appropriate to do so.

 * The assets of one company represented €10,697,278 of the overall total received.

Lansdowne Road Agreement

Questions (355)

Michael McGrath

Question:

355. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the gross cost to the Exchequer for each month that the planned pay increase under the Lansdowne Road agreement of €1,000 in respect of those with a salary of up to €65,000 is brought forward to earlier in 2017. [35964/16]

View answer

Written answers

Under the terms of the Lansdowne Road Agreement, all public servants on annualised salaries of less than €65,000 per annum will receive an additional €1,000 on their gross salary from 1st September 2017. The estimated cost of this measure in 2017 for 4 months is €101m. 

Lansdowne Road Agreement

Questions (356)

Michael McGrath

Question:

356. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the amount factored into the figures for 2018 in the cost of the Lansdowne Road agreement in respect of the fiscal forecasts set out in the economic and fiscal outlook document published with budget 2017; if any figures have been included for the years 2019 to 2021 in respect of the cost of a successor agreement to the Lansdowne Road agreement; and if he will make a statement on the matter. [35967/16]

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Written answers

As set out on page 31 of the Expenditure Report 2017, €317 million is included in 2018 in respect of Lansdowne Road Agreement related costs.  The Estimates 2017 documentation does not include additional amounts for future years for increases in public service pay rates in respect of the cost of any successor agreement to Lansdowne Road.  As I have recently stated in the Seanad, to ensure the continued recovery in our economy and to manage the many risks to Ireland's recovery, the Lansdowne Road Agreement must continue to anchor public service pay policy.

Fiscal Data

Questions (357)

Michael McGrath

Question:

357. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the amount factored in for demographics for each year 2017 to 2021 in respect of the calculation of net fiscal space in the fiscal forecasts set out in the economic and fiscal outlook document published with budget 2017; if he will provide a breakdown of the amount allowed for demographics in respect of each Department for each year; if the amounts factored in provide for the full costs of known demographic changes; and if he will make a statement on the matter. [35968/16]

View answer

Written answers

Table A.7 in the Department of Finance's Budget 2017 publication includes a calculation of net fiscal space for the period to 2021.  It should be noted that the key variables underpinning this calculation are subject to revision and the figures published in the Budget documentation, therefore, represent an estimate of projected fiscal space for that period. 

The amount included in that table in respect of pre-committed expenditure for 2017 (line 13) includes the impact for 2017 of Estimates decisions in relation to voted expenditure set out in Expenditure Report 2017, as well as the impact of demographics. In relation to subsequent periods, the pre-committed expenditure includes voted expenditure increases relating primarily to demographics, the Lansdowne Road Agreement, and the Public Capital Plan.

Table 5 on page 31 of Expenditure Report 2017 includes increases in Ministerial Expenditure Ceilings for 2018 and 2019 to meet the cost of certain demographic pressures in Education, Health and Social Protection. The Social Protection ceilings in 2018 and 2019 also reflect the estimated Live Register savings set out in Table 7 on page 33 of the Expenditure Report 2017. Consistent with the relevant legislation, the Ministerial Expenditure Ceilings in respect of current expenditure have not been published for periods after 2019.

The following table set outs out the amounts allocated for demographics for the period 2018-21.  The specific allocations to particular sectors for 2018 and 2019 are informed by an analysis carried out by the Irish Government Economic and Evaluation Service (IGEES) within my Department. This analysis can be found on the IGEES website and the relevant link is: http://igees.gov.ie/budgetary-impact-of-changing-demographics-2017-to-2027/

The Deputy should note that the analysis is based on known demographic pressures at a point in time and as such is subject to amendment as part of the annual Estimates process.

Amounts Allocated for Demographics: 2018-2021

€bn

2018

2019

2020

2021

Health

0.12

0.12

Social Protection

0.23

0.23

Education

0.06

0.05

Unallocated demographics

0.04

0.45

0.45

Total Demographics *

0.41

0.45

0.45

0.45

 * rounding effects

Budget 2017

Questions (358)

Michael McGrath

Question:

358. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 164 of 20 October 2016, if the carryover impact to 2018 of expenditure measures announced in budget 2017 reduces the estimated net fiscal space for 2018 euro for euro; and if he will make a statement on the matter. [35969/16]

View answer

Written answers

As set out in my answer to the previous parliamentary question to which the Deputy refers, the Estimates for 2017 include an estimated carryover impact into 2018 of approximately €½ billion arising from increases in Departmental allocations.  The final cost of the carryover impact will be assessed and updated on an ongoing basis in line with updated information on trends in voted expenditure as 2017 unfolds.

The Deputy should note that as this carryover impact refers exclusively to current expenditure measures, there is no benefit arising from the 'capital smoothing' adjustment applied to capital expenditure under the EU Stability and Growth Pact.  The carryover costs will need to be accommodated within the net fiscal space available for Budget 2018 on a euro for euro basis, to the extent that such carryover impact is not reduced by reprioritisation of Departmental expenditure.

The Spending Review announced at Estimates time last month, scheduled to be carried out next year in advance of the Estimates for 2018, will among other issues, consider policy options for meeting the additional cost arising in 2018 of the Estimates 2017 expenditure measures.

Flood Prevention Measures

Questions (359)

Catherine Connolly

Question:

359. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform if a site (details supplied) has been assessed; if funding was applied for to the Office of Public Works for flood mitigation works under the minor flood mitigation works and coastal protection scheme; and if he will make a statement on the matter. [35972/16]

View answer

Written answers

It is a matter for Galway County Council in the first instance to identify and address localised flooding issues within its administrative area. It is open to the Council to undertake any local flood mitigation works using their own resources or, if necessary, to submit an application for funding under the Office of Public Works' (OPW) Minor Flood Mitigation Works & Coastal Protection scheme.

No application under the Minor Works Scheme has been submitted by Galway County Council for the area in this question.

All applications for funding under the Minor Works administrative scheme are assessed in accordance with the eligibility criteria for the scheme which includes a requirement that all proposed works are cost beneficial and subject to the availability of funding for flood risk management. The eligibility criteria for the scheme are published on the OPW's website www.opw.ie

The OPW only funds drainage works related to fluvial or river flooding. Any necessary works to address flooding caused by pluvial or inadequate surface water drainage systems are the responsibility of the local authority.

Superannuation Schemes

Questions (360)

Jim Daly

Question:

360. Deputy Jim Daly asked the Minister for Public Expenditure and Reform the number of applications that have been refused for injury warrants under the Superannuation Acts since 1995 within his Department; and if he will make a statement on the matter. [35990/16]

View answer

Written answers

While the award of injury warrants under the Superannuation Acts is ultimately decided by the Minister for Public Expenditure and Reform and the cost is a charge on the Superannuation Vote, the process is always initiated in the officer's parent Department; accordingly the records with respect to rejected claims are maintained by each individual Department.

Department records indicate that in the period since the Department was established, no officer whose parent department is the Department of Public Expenditure and Reform has applied for an Injury Warrant and had that application rejected.

EU Funding

Questions (361)

Dara Calleary

Question:

361. Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the total number of project applications entered by the State under the European Fund for Strategic Investments per annum in tabular form; the number of successful agreements to date; the estimated total expected drawdown of funds; and if he will make a statement on the matter. [36080/16]

View answer

Written answers

The European Fund for Strategic Investments (EFSI) is a joint initiative of the EIB Group and the European Commission, aimed at mobilising private financing for strategic investments, mainly through loan funding.  In Ireland's case, the main potential beneficiaries of EFSI are commercial investment projects (including PPPs), as there is little scope to use EFSI for increased investment by Government due to the need to continue to comply with the requirements of the Stability and Growth Pact.   My Department is not the lead Department in relation to EFSI, nor has my Department responsibility for coordinating applications for funding under EFSI or for reporting on lending by EFSI or EIB to Ireland.  However, I understand information on projects approved by EFSI, by country, is available on the website of the EIB.

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