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Wednesday, 14 Dec 2016

Written Answers Nos 61-90

Homelessness Strategy

Questions (61)

Anne Rabbitte

Question:

61. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs the responsibility her Department has for children that are placed in emergency homeless accommodation; the steps her Department is taking to care for these children; her views on whether there should be a statutory limit on the amount of time that a child can spend in emergency accommodation; and her further views on whether Tusla should be awarded statutory responsibility for children using homeless accommodation. [39925/16]

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Written answers

Homelessness, whether for a child presenting alone or as part of a family, is a distressing experience. My Department has policy responsibility for children under 18 who present as ‘out of home’ without their parent(s) or guardian(s) and any child welfare and protection concerns that may arise in the context of the Child Care Act 1991. Children under 16 who present as out of home to emergency services are taken into care. Children aged 16 and 17 may be taken into care, or provided with a service under section 5 of the Child Care Act 1991 (accommodation for homeless children).

Children in emergency homeless accommodation are in the care of their parent/s. Homelessness as part of a family group is not, in of itself, a basis for seeking to receive a child into care. A child should only be received into the care of Tusla, the Child and Family Agency where there are welfare or protection concerns. Where there are no welfare or protection concerns, Tusla’s role is to provide family support. A joint protocol between Tusla and the Dublin Regional Homeless Executive (DRHE) governing child welfare and protection matters is fully operational and it is intended to replicate this protocol across the State.

Furthermore, it is worth noting that in Rebuilding Ireland: the Action Plan for Housing and Homelessness, the Government has committed to ensuring that by mid-2017, hotels are only used in limited circumstances for emergency accommodation for families.

My Department, together with Tusla, is working to provide additional supports for families in emergency accommodation to mitigate the challenges faced by parents and children in this situation. My Department is funding research to identify issues regarding access to food and potential nutritional impacts on families in emergency homeless accommodation. I will be announcing enhanced access to early years services for homeless children in the coming days.

I will continue to work closely with my colleagues in Government and with all relevant agencies to ensure we have a co-ordinated and effective approach to tacking the homelessness issue.

Refugee Resettlement Programme

Questions (62)

Maureen O'Sullivan

Question:

62. Deputy Maureen O'Sullivan asked the Minister for Children and Youth Affairs the number of unaccompanied minors here; and the supports her department has in place to assist them. [40182/16]

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Written answers

In 2016, Tusla has received a total of 112 referrals of unaccompanied asylum seeking minors (UAM) up to the beginning of December. There are currently 66 UAMs in statutory care, and 74 young adults are accessing aftercare support with the assistance of an allocated aftercare work. 27 children who were received into care were subsequently, following full checks, reunited with their families. A further 19 children referred to Tusla were found to be either over 18, or an inappropriate referral.

Tusla, the Child and Family Agency, receives unaccompanied minors into State care. These young people are a vulnerable cohort and the State is duty bound by international and domestic law to protect and provide care. Under Tusla’s Equity of Care principle, unaccompanied minors receive the same level of protection and care as any other child in State care, and ensures that there is no differentiation of care provision, care practices, care priorities, standards or protocols.

When a child arrives into Ireland without their parents or customary care providers, contact is made with Tusla’s dedicated Social Work Team for Separated Children Seeking Asylum (SCSA) and the child is placed in the care of the State. Each unaccompanied minor is allocated a social worker. They are accommodated initially in one of three short term residential intake units while they continue their needs assessment, including age assessment, health, educational and language needs. Following this, children are placed according to their needs either with registered foster carers, in community based residential settings or in supported lodgings. Children are provided with intensive language and educational supports.

All foster care organisations and statutory residential centres are inspected by the Health Information & Quality Authority (HIQA), and private and voluntary residential centres are inspected by Tusla against national standards. The inspection reports are published on the respective websites. Children First (2011) applies to unaccompanied minors, and all persons employed full-time or part-time by Tusla are vetted by An Garda Síochána as a matter of standard practice, as are those employed by the appointed interpretation service.

Industrial Disputes

Questions (63)

Clare Daly

Question:

63. Deputy Clare Daly asked the Minister for Children and Youth Affairs the implications for the children detained in Oberstown of the decision to put ancillary staff on protective notice in respect of the planned strike due to take place on 3 January 2017; and if she will make a statement on the matter. [39922/16]

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Written answers

I wish to advise the Deputy that I have confirmed that protective notice has not issued to ancillary staff.

Juvenile Offenders

Questions (64)

Bernard Durkan

Question:

64. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the extent to which she and her Department can positively intervene to provide rehabilitation, education and support services for juvenile first-time offenders; and if she will make a statement on the matter. [40077/16]

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Written answers

The Children Act 2001, as amended, provides the statutory basis for dealing with children who come into contact with the criminal justice system. The key principle of the Children Act 2001 is that detention of a child should only be imposed as a last resort. When children come into contact with the criminal justice system there is an emphasis on the promotion of community based options in the first instance. The Irish Youth Justice Service oversees a significant investment in community based programmes to divert young people from further involvement in criminal or anti-social behaviour. In 2016, approximately €17m has been allocated by the Department of Justice and Equality to the Irish Youth Justice Service to administer Garda Youth Diversion Projects, Young Persons Probation Projects and a number of other youth diversion community-based projects. These projects also benefit from support under the European Social Fund.

My Department provides funding to the Irish Youth Justice Service for services relating to the Oberstown Children Detention Campus and the Bail Supervision Scheme which has recently been established

It is intended that the Bail Supervision Scheme will provide more therapeutic supports in the community for children who are subject to bail conditions. The service will provide a ‘wraparound’ service to the young person and their family with a prescribed reporting system back to the courts through the appropriate statutory bodies; Probation Service, An Garda Síochána and Oberstown. It is envisioned that such a scheme will offer greater options to the courts in the knowledge that closer monitoring will take place through interaction with the young people, their families and communities.

If a child is remanded or sentenced to a period of detention in the children detention schools, a range of rehabilitative supports is offered to every child as part of an overall programme, which focuses on the child’s individual needs and provides the framework for each child’s individual journey through detention. The focus is on developing supportive relationships with the main emphasis placed on education and rehabilitation. Each child is the subject of an individual screening to determine any clinical services required, such as psychology, psychiatry or speech and language therapy. A placement plan is developed and reviewed at regular intervals during each child’s stay in detention. The strong ethos of school attendance, education and training, in place in Oberstown, is tailored to each child's individual needs. Education and training services are provided by the Dublin and Dún Laoghaire Education and Training Board.

The wide range of rehabilitation, education and support services provided and supported by the Irish Youth Justice Service are detailed in the Tackling Youth Crime: Youth Justice Action Plan 2014 – 2018, and a progress report covering the period 2014 to 2015, published this week can be found on my Departments website.

The Family and Community Services Resource Centre Programme (FRC programme), which is operated by Tusla, the Child and Family Agency, provides supports to 109 communities. Tusla has provided core funding of approximately €13m this year to its established network of 107 Centres nationwide, and two outreach Centres. The primary role of the FRC programme is prevention and early intervention through family support, by providing guidance and parenting supports, and is a key programme in reducing offending behaviour among children at risk. The Centres emphasise the involvement of local communities in tackling the problems they face, and creating successful partnerships between voluntary and statutory agencies at community level.

In addition, the Educational Welfare Services of Tusla operating under the Education (Welfare) Act, 2000, work together collaboratively and cohesively with schools and other relevant services to promote school attendance and secure better educational outcomes for children and young people.

Cyberbullying Issues

Questions (65)

Bernard Durkan

Question:

65. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which she and her Department continue to monitor incidents of cyberbullying; the procedures in place to detect and deter; and if she will make a statement on the matter. [40412/16]

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Written answers

It is not feasible to regulate or monitor the internet in anticipation of possible incidents such as cyberbullying. However, if a member of the public becomes aware of activity on the internet which they suspect may be illegal, they can report it confidentially to Hotline.ie. which is operated by the Internet Service Providers Association of Ireland with oversight by the Office for Internet Safety (OIS) in my Department. The Hotline liaises with the Gardaí as appropriate.

The OIS, an Executive Office in my Department, has a dedicated website, www.internetsafety.ie. It contains links to a wide range of resources on internet safety.

In September 2016 the Law Reform Commission published its Report on Harmful Communications and Digital Safety. The Commission noted that we live in a “truly interconnected digital and online world” and it noted the positive benefits to society as well as the negative aspects of this, and the emerging trends to engage in online communications that cause significant harm to others.

It is my intention to bring proposals to Government in relation to the criminal law aspects of the Law Reform Commission's Report very shortly.

Employment Support Services

Questions (66)

Willie Penrose

Question:

66. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality if she will confirm having received correspondence from a person (details supplied); the facilities available to the person under the comprehensive employment strategy for people with disabilities to secure appropriate employment; and if she will make a statement on the matter. [40432/16]

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Written answers

The Comprehensive Employment Strategy for People with Disabilities was launched in October 2015. The Strategy 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:- 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.

Given the complex cross-government nature of the strategy, an oversight implementation group was established under the independent chairmanship of Fergus Finlay. This group is tasked with monitoring the progress of the six strategic priorities of the strategy, ensuring that each Government Department is fulfilling its obligations and meeting its targets. It will shortly be publishing its first annual report, which will highlight areas where sufficient progress has not been made, and will also include recommendations in relation to priorities for 2017.

While I cannot comment on individual circumstances, I can confirm that the Strategy includes a range of practical measures to increase employment opportunities for people with disabilities. For example, a national employer help-line was launched in January of this year to provide expert guidance and peer support to employers in relation to the employment of staff with disabilities. Furthermore, there will be an increase in the public sector employment quota from 3% to 6% on a phased basis to 2024, and work will begin on this in the new year. Arrangements are also being put in place for dedicated recruitment channels for people with disabilities.

Garda Stations

Questions (67)

Marc MacSharry

Question:

67. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality the names of all Garda stations within urban centres with populations in excess of 20,000 persons which are not capable of holding prisoners due to the cells being condemned and below legal standards within the regulations which govern persons in custody. [40202/16]

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Written answers

The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations and I, as Minister, have no role in these matters.

With respect to the Deputy's specific query, I have requested the information sought and will revert to the Deputy when I have it to hand.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 67 of 14 December 2016, in relation to custody facilities in Garda Stations.

As you will recall, the information you requested could not be obtained in the time available and I undertook to contact you again when it was to hand.

I am informed by the Garda authorities that the Office of Public Works is undertaking a national Programme to upgrade cell accommodation across the Garda estate. I understand that, to date, the cells in 59 Garda stations have been upgraded under the Programme, nine cell refurbishment projects are currently ongoing and seven contracts are expected to be awarded early in 2017. In addition, refurbishment works for cells in twenty-eight Garda stations are currently in the planning/pre-tender stage.

I am assured that, within every Garda Division, there are adequate custody facilities to meet legal standards.

Anti-Racism Measures

Questions (68)

Jonathan O'Brien

Question:

68. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the latest iReport from the European Network Against Racism Ireland and that this report details 190 reports of racist incidents for a six month period, higher than all previously recorded periods; if her attention has been further drawn to the fact that this includes at least 150 criminal offences, 79 incidents of verbal abuse and 83 incidents involving illegal discrimination; and her plans to address these matters. [40207/16]

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Written answers

I am of course concerned about any level of racist incidents and particularly racist crime and can assure the Deputy that An Garda Síochána monitors this type of crime very carefully. The Deputy will appreciate that the specific investigative strategies which may be deployed in relation to such crimes are a matter for the Garda authorities in the first instance. It is of course essential that anyone with information in relation to racist and other hate crimes provides full details to An Garda Síochána.

The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis. Garda Ethnic Liaison Officers (ELOs) are appointed to work with minority communities at local level throughout the country. These officers combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.

In addition to the work of the Gardaí, the Office for the Promotion of Migrant Integration, an Office of my Department, is the focal point for the Government's commitment on anti-racism as a key aspect of integration, diversity management and broader national social policy. The Office continues to work with all the relevant sectors to further progress the integration and diversity management agenda.

A review of our approach to the integration of migrants has almost neared completion. This review will provide the basis for a new and updated migrant integration strategy. Work on the Integration Strategy is very advanced and is expected to be published early in the New Year. I expect that the Integration Strategy, when published, will include a strong anti-racism component.

Finally, in light of reports by civil society, the experience of other jurisdictions, changes in Irish society and the use of the internet and social media, this area of the criminal law is to be examined with a view to considering whether further legislative proposals are needed to strengthen the law.

Criminal Law

Questions (69)

Jonathan O'Brien

Question:

69. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to introduce legislation on hate crimes. [40208/16]

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Written answers

There are mechanisms in place to deal with hate speech and hate motivated crime. With respect to incitement to hatred, the Prohibition of Incitement to Hatred Act 1989 makes it an offence to use words, publish or distribute written material or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.".

Separately, where a criminal offence such as assault, criminal damage or a public order offence is committed against a person based on their race, religion, colour, ethnicity or some other ground, the offence is prosecuted through the wider criminal law. It is also accepted that such an offence is more serious on account of the hate or prejudice motivating the crime and Irish courts do consider evidence of a crime being motivated by hate or prejudice as an aggravating factor at sentencing.

That said, in light of reports by civil society, the experience of other jurisdictions, changes in Irish society and the use of the internet and social media, I have requested that this area of the criminal law be examined with a view to considering whether further legislative proposals are needed to strengthen the law.

Garda Expenditure

Questions (70)

Carol Nolan

Question:

70. Deputy Carol Nolan asked the Tánaiste and Minister for Justice and Equality the annual cost of policing the Banagher horse fair in County Offaly; and if she will make a statement on the matter. [40253/16]

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Written answers

The Deputy will appreciate that the Garda Commissioner, as accounting officer for An Garda Síochána, has responsibility for the allocation of Garda resources and I, as Minister, have no direct role in this matter.

I am advised by the Garda authorities that the cost of deploying adequate resources over the course of the two-day event to prevent and detect crime, including public disorder and anti-social type behaviour, and to maintain public safety is approximately €10,000.

Mortgage Resolution Processes

Questions (71)

Róisín Shortall

Question:

71. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality if she will clarify an issue for persons engaging the services of a personal insolvency practitioner as part of the recently announced Abhaile scheme (details supplied). [40264/16]

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Written answers

As the Deputy is aware, Abhaile, the national mortgage arrears resolution service, was launched in early October and it includes a new Scheme of independent financial and legal advice and assistance to insolvent homeowners who are at risk of losing their homes due to mortgage arrears.

The Scheme is coordinated by the Department of Justice and Equality and the Department of Social Protection, and is available across the country through the Money Advice and Budgeting Service (MABS), working in conjunction with the Citizens' Information Board, the Insolvency Service of Ireland (ISI), and the Legal Aid Board. The homeowner contacts MABS, which will assess their situation and can refer them for advice and assistance from a personal insolvency practitioner (PIP), a solicitor or an accountant, depending on their needs and options. This professional advice and assistance is provided free of charge to the homeowner, under a Scheme voucher issued by MABS, by a professional adviser from one of the panels established and regulated under the Scheme.

Under the Scheme, the borrower is free to choose a professional adviser from the panel, subject to availability, and this is stated on page 1 of the Scheme's information booklet for borrowers. The ISI has established the panel of PIPs who are available to provide advice and assistance under the Abhaile Scheme, and this is published on the ISI website. The borrower is free under the Scheme to choose any PIP from the panel, subject to availability. The website provides contact details for each PIP and indicates in which county he or she is based. However, many PIPs provide services across a number of counties, and the website indicates that the borrower is free to contact any of the PIPs on the panel.

Departmental Expenditure

Questions (72)

Thomas Pringle

Question:

72. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the way in which the additional 21% provided in the 2016 budget to fund sexual violence victims' services has been allocated; and if she will make a statement on the matter. [40295/16]

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Written answers

In Budget 2016 I secured a 21% increase in funding for services to victims of crime. This funding, which is administered by the Victims of Crime office in my Department, is allocated to organisation working with victims of domestic, sexual and general crime. These organisations provide vital and valuable information and support to victims of crime, including emotional support, court accompaniment, accompaniment to Garda interviews, accompaniment to sexual assault treatment units, counselling and referral to other services to victims of crime.

In 2016, my Department allocated a total of €180,000 to organisations providing support to victims of sexual violence, an increase of almost €25,000 from the €155,148 allocated in 2015.

Departmental Funding

Questions (73)

Thomas Pringle

Question:

73. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the way she will ensure the implementation of the minimum standards outlined by the 2015 EU victims' directive in respect of adequate funding for sexual and domestic violence services. [40296/16]

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Written answers

I will shortly publish the Criminal Justice (Victims of Crime) Bill to transpose the EU victims directive into Irish law.

Funding for domestic and sexual violence services is primarily a matter for the Minister for Children and Youth Affairs and Tusla, the Child and Family Agency operating under the aegis of that Department.

The Victims of Crime Office in my Department provides funding to victim support services generally and domestic and sexual violence services in particular. The bulk of the money to these two sectors is for court accompaniment of victims. In the budget for 2016 and again in the budget for 2017 I secured increases in funding for victim services generally. In 2016 the domestic and sexual violence services received increased funding and when the allocations for 2017 are finalised shortly both sectors will be granted increases also.

Departmental Funding

Questions (74)

Thomas Pringle

Question:

74. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the actual and proportional funding allocated through health and criminal justice related to sexual and domestic violence in 2015 and 2016; and if she will make a statement on the matter. [40297/16]

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Written answers

Funding from my Department related to sexual and domestic violence is set out in the tabular statement below and relates to support for victims of crime and funding for awareness-raising activities as well as intervention programmes for perpetrators of domestic violence to reduce harm to women and children. The awareness raising funding in 2015 was provided to domestic and sexual violence service providers. The much bigger figure for awareness raising in 2016 is being paid to a creative and media buying agency, and relates to the first year of a domestic violence campaign. My intention is that years four to six of the campaign will focus on sexual violence.

2015

2016

Sexual  Violence  €413,648

Sexual  Violence   €289,000

Domestic Violence €1,193,273

Domestic Violence €2,207,000

Core funding for services to victims of domestic and sexual violence is the responsibility of my colleague, the Minister for Children and Youth Affairs, and is administered by Tusla, which has taken over this role previously exercised by the Health Services Executive. I understand that Tusla provided in the region of €15m to domestic violence services in 2015, with a figure in the region of €4m to sexual violence services in that same year. The corresponding figures for 2016 were in the region of €16.5m and in the region of €4m.

UN Convention on the Rights of Persons with Disabilities

Questions (75)

Ruth Coppinger

Question:

75. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality when she expects the United Nations Convention on Rights of Persons with Disabilities to be ratified; and if she will make a statement on the matter. [40325/16]

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Written answers

Ireland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.

It is essential that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.

Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 completed Committee Stage in the Dáil on 7 December. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.

Work is under way on drawing up the Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. The Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department of Justice and Equality website. The Bill is at the final stages of drafting and I expect the Bill to be published very shortly so as to facilitate ratification of the Convention as early as possible.

Refugee Resettlement Programme

Questions (76, 79)

Fiona O'Loughlin

Question:

76. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her views on introducing a humanitarian admission programme similar to the the Syrian humanitarian admission scheme that could enable refugees, migrants and naturalised citizens to apply for their extended family members who are currently displaced or living in conflict zones to join them here. [40331/16]

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Fiona O'Loughlin

Question:

79. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her views on proposals by an organisation (details supplied) to enable Irish citizens and organisations to cosponsor a family reunification application by means of a sponsorship scheme, whereby persons, community groups, church groups, businesses or similar could support an person's family reunification application, offering monetary support or support in kind, such as employment, housing and other integration opportunities. [40334/16]

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Written answers

I propose to take Questions Nos. 76 and 79 together.

Before the migrant crisis escalated, my predecessor introduced a Syrian Humanitarian Admissions Programme (SHAP) subject to certain conditions being met. This was replaced later with the Irish Refugee Protection Programme (IRPP) which allows for Syrians and other nationalities to benefit from resettlement and relocation schemes, and offers them protection in Ireland in their own right. This is a much improved programme allowing thousands to benefit from protection here. Under the IRPP, the Red Cross has investigated a number of pledges of public support and these are appreciated. There has been a significant challenge at EU level to maximise the functioning of the resettlement and relocation programmes. We will be 100% ahead of target on resettlement when the programme ends next September and following my recent visit to Greece, I am satisfied that the number coming in under relocation will ramp up to agreed levels in 2017. I am not of the view that the best solution to this crisis is to increase the number of programmes and all the administrative and legal complexities that go with them. My emphasis is to increase the number of people arriving in Ireland under the programmes currently in place. I am satisfied that we are making that progress now and that there is still capacity to ensure more Syrians can come to Ireland under our resettlement and relocation programmes and all our focus needs to be on meeting these targets. I would encourage all community groups and individuals to continue to make contact with offers of support to the Red Cross and the Irish Refugee Protection Programme - these will be followed up and assessed promptly and can directly benefit the increased numbers of people we have committed to welcoming to Ireland next year.

Significant resources are currently being invested in these humanitarian efforts through the offices of the Irish Refugee Protection Programme, the Office of the Promotion of Migrant Integration and the Office of the Refugee Applications Commissioner. As a result we have developed mechanisms and associated expertise to deal with resettlement and relocation. Our response to the migrant crisis in terms of accepting refugees is through the IRPP and all available resources are being directed to that Programme in order to meet the commitment entered into and I have no plans, at this point, to introduce any additional admission programmes.

Legislative Measures

Questions (77)

Fiona O'Loughlin

Question:

77. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality her views on claims that once the International Protection Act 2015 is commenced there will be no safety net for refugees to bring their extended families here to safety. [40332/16]

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Written answers

The legal provisions for family reunification are set out in sections 56 and 57 of the International Protection Act 2015, which was signed into law by the President at the end of 2015 after its consideration by the Council of State and following its passage to through both Houses of the Oireachtas. The Act provides for a greatly simplified and shorter duration route to family reunification, for those who are in need of it, while continuing to protect the best interests of children in the process.

The new provisions, which bring this State into line with other EU Member States, provide specific rights to family reunification and a path to reunification for family members of those granted international protection which is less restrictive both in terms of application time limits and economic conditions than many other EU Member States. The fact that people seeking protection in the State can expect to have a decision within a significantly reduced timeframe under the new single application procedure will ensure that applications for family reunification are dealt with in a timelier manner, bringing more certainty to this previously open-ended process.

The Policy Document on Non-EEA Family Reunification, published by my Department in December 2013, will be reviewed to examine the eligibility or otherwise of extended family members who are not governed by the provisions of the International Protection Act 2015.

Family Reunification Policy

Questions (78)

Fiona O'Loughlin

Question:

78. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if her Department has an option to exercise exceptional discretion on family reunification decisions for non-refugee and naturalised citizen applications; and if so, the number of times in each year since 2011 that this discretion has been exercised. [40333/16]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position on family reunification for non-refugees, by which I presume the Deputy means persons with permission to reside in the State for example as a worker, is set out in the Policy Document on Non-EEA Family Reunification published by my predecessor on 31 December 2013. The Policy Document, which is available on the INIS website www.inis.gov.ie,provides a comprehensive statement of national immigration policy on the area of family reunification. The policies outlined in the document apply to all decision making in relation to family reunification cases where Ministerial discretion applies, including long stay (join family) visa applications. Statistics are not available on cases whereby discretion was exercised.

With regard to naturalisation applications, the granting of an application for citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. The Act provides that the Minister for Justice and Equality has absolute discretion to grant an application if satisfied that the applicant fulfils the prescribed conditions. These statutory conditions include that the applicant must be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years.

Section 16 of the Act provides that the Minister may, in his or her absolute discretion, waive some or all of the statutory conditions in certain circumstances, i.e. where an applicant is of Irish descent or of Irish associations; a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons. A person is of Irish associations if he or she is related by blood, affinity or adoption to a person who is an Irish citizen or entitled to be an Irish citizen.

Each application for a certificate of naturalisation is examined on its own merits and the Minister decides, at her discretion, whether to grant or refuse the application based on all the information provided. Records are not maintained in such a way as to provide statistics on the number of instances in which the Minister's discretion, as provided for under the Act, was exercised.

Question No. 79 answered with Question No. 76.

Crime Data

Questions (80)

Jackie Cahill

Question:

80. Deputy Jackie Cahill asked the Tánaiste and Minister for Justice and Equality the total number of prosecutions and convictions, separately, for trespass on private property, in the courts for each of the years, 2011 to 2016, in tabular form; and if she will make a statement on the matter. [40336/16]

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Written answers

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that statistics are not compiled in such a way as to provide the information requested by the Deputy. As the Deputy may also be aware, prosecutions are a matter for the Director of Public Prosecutions who is independent in the performance of her functions.

Immigration Status

Questions (81)

Seán Fleming

Question:

81. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality if she will clarify a matter regarding residency status in the case of a person (details supplied); the current position in relation to this particular case; the reasons preventing this person from receiving a GNIB card, stamp 4 or stamp 5; the sequence of events leading to the person being prevented from receiving same; and if she will make a statement on the matter. [40399/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that on the 12/02/2016 an application for a change of status from a Stamp 4 permission, based on being the parent of an Irish Born Child, to a Stamp 5 permission was received from the person concerned. On the 26/10/2016 the application was refused as the Irish Naturalisation and Immigration Service was not satisfied that the person concerned met all of the requirements for a change of status from Stamp 4 to Stamp 5 permission. The person concerned was informed of the reasons for this refusal by letter on 26/10/2016.

On the 19/05/2016 a letter was issued to the person concerned by the Irish Naturalisation and Immigration Service of my Department informing that while their application for a Stamp 5 endorsement was being processed they should return to their local immigration office to renew their permission. I am informed that Residence Unit of the INIS received a letter from the person concerned on 07/12/2016 seeking further permission to remain. This application is currently being processed and the person concerned will be contacted in due course.

The Deputy may wish to note that 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.

Immigration Status

Questions (82)

Bernard Durkan

Question:

82. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the position regarding the examination of the residency status and possible revocation of decision to deport in the case of a person (details supplied), if the person reported as requested to immigration on a monthly basis and the length of time they have reported; if the person has previously come to the attention of the gardaí, in respect other than their residency entitlement; if the information the person provided in good faith to the authorities, was in fact utilised against their interests; if the person's case still stands to be reviewed despite having been deported already; and if she will make a statement on the matter. [40416/16]

View answer

Written answers

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 29 July 2016. The reasons for, and the factors taken into account in making the Deportation Order, were furnished to the person. This Order requires the person concerned to remove themselves from the State and remain outside the State. The person concerned was deported from the State on 30 November 2016 and up until then, had met the reporting requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. He last presented on the 29 November 2016.

If new information or circumstances have come to light, which has a direct bearing on the case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion, pursuant to Section 3(11) of the Immigration Act, 1999 (as amended) to revoke the Deportation Order. However I wish to make clear that such a request would require substantial grounds to be successful. In the mean-time, the Deportation Order remains valid and in place. The enforcement of the Deportation Order remains a matter for the Garda National Immigration Bureau.

The Deputy may wish to note that 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.

Immigration Data

Questions (83)

Bernard Durkan

Question:

83. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of foreign nationals deported from this jurisdiction in the past six months; the number of such deportees who had worked for more than five years in this jurisdiction; if they stand to have income tax paid during their employment in this jurisdiction refunded; and if she will make a statement on the matter. [40417/16]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a deportation order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to deportation orders.

The statutory criteria which must be considered in relation to a decision to make a deportation order under section 3(6) of the Immigration Act 1999 include national security and public policy, the character and conduct of the person concerned and the common good.

The statistics requested by the Deputy are set out in the table below. It should be noted that the overwhelming majority of persons who arrive at the frontiers of the State without permission to enter or reside here are refused leave to land, without ever reaching the stage where they would be considered under the deportation process. Indeed, this figure has risen substantially to almost 3,500 last year and is expected to exceed 4,000 this year. Others voluntarily remove themselves before a Deportation Order is made or is required to be enforced.

It is not possible to provide the Deputy with the number of deportees who have worked in this jurisdiction for more than five years.

Questions concerning the liability of persons for taxation are a matter for the Revenue Commissioners.

Deportations Effected

Year

No of Deportations

2016 June to November

146

Refugee Resettlement Programme

Questions (84)

Darragh O'Brien

Question:

84. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality the commitments the Government has made, in terms of accepting refugees and unaccompanied minors to Ireland, and the dates by which those commitments are to be met; the number of persons, including unaccompanied minors, the Government has committed to accepting, under the various resettlement and relocation programmes, in tabular form; the numbers to date that have been accepted under the programmes; and if she will make a statement on the matter. [40430/16]

View answer

Written answers

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. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State by the end of 2017, through a combination of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Lebanon. A full breakdown of Ireland's commitments under the programme is attached in Table A below.

Under the resettlement part of the Programme, 519 persons out of the original quota of 520 persons displaced by the Syrian conflict have arrived in Ireland to date. This is a full year ahead of the EU Commission deadline for this programme. In addition, the Government recently announced that it is extending the resettlement programme to take in a further 520 refugees from Lebanon in 2017. Sufficient refugees to fill 260 places on this quota have already been selected during a selection mission to Lebanon in October 2016 and these refugees are expected to arrive in Spring 2017. A further selection mission to Lebanon will be arranged in coming months to select the balance of the 2017 quota.

Under relocation, Ireland has to date taken in 109 asylum seekers from Greece, mostly families, and a further 130 people are scheduled to arrive later this week. A further 84 people have been assessed and cleared for arrival and arrangements for their travel to the State are currently being made. This week, IRPP officials are interviewing a group of approximately 80 people in Athens who, subject to Garda security assessments, are expected to be cleared for arrival by the end of the year. In all this means that over 400 persons, mostly families with young children, will have either arrived in Ireland or been cleared for arrival by the end of 2016. The intention is to sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its commitments within the timeframe envisaged by the Programme. A summary of arrivals to date is attached in Table B below.

In announcing the Programme, the Government recognised the importance of addressing the position of unaccompanied children. The relocation of unaccompanied minors is a complex and sensitive process, involving various aspects of European and domestic law, and any actions taken in relation to this vulnerable group must always have the principle of the best interests of the child and the prospect of family reunification at their centre. Ireland is committed to relocating unaccompanied minors and this has been clearly demonstrated by the recent Government decision to offer to relocate up to 200 unaccompanied minors, formerly resident in the migrant camp at Calais, to Ireland. As regards the relocation of unaccompanied minors from Greece, the situation is complicated somewhat by the variety of different definitions used across EU States and voluntary organisations of just what legally constitutes an unaccompanied minor. There is no legally binding definition across the EU. So for consistency's sake I will use the definition used by Greek officials which is what the EU Commission uses in its statistics. Under this definition, which essentially says an unaccompanied minor is anyone under 18 who is not accompanied by an adult member of the immediate family, Ireland has thus far taken in 5 unaccompanied minors from Greece. A further 7 will be included in the group of 130 arriving this week.

The Deputy will also be aware that the Tánaiste and her colleague the Minister for Children and Youth Affairs returned yesterday from Greece where they met with officials and volunteer groups and visited migrant camps to see first hand the challenges being faced and to reaffirm Ireland's support for Greece in its efforts to manage this ongoing humanitarian crisis. Officials from Tusla also take part in any mission to Athens where the group being assessed contains unaccompanied minors requiring their care upon arrival.

Table A - Commitments made by the Government under the Irish Refugee Protection Programme

Relocation

Italy

Greece

Unallocated*

Total

Council Decision 2015/1523

360

240

0

600

Council Decision 2015/1601

263

849

910

2,022

TOTAL

623

1089

910

2,622

*Awaiting further implementing Council Decision

Resettlement

Total

Government Decision 09/06/15

520

Government Decision 06/07/16

260

Government Decision 29/11/16

260

TOTAL

1,040

Summary

Total

Total Relocation

2,622

Total Resettlement

1,040

Government Decision 10/11/16 Re: UAM’s previously in Calais

200

Mechanism Undecided

138

GRAND TOTAL

4,000

Table B - Arrivals to Date

IRPP Programme

Numbers admitted (as of 12 Dec 2016)

Unaccompanied Minors admitted (as of 12 Dec 2016)

Resettlement

519

0

Relocation

109

5

Deportation Orders Re-examination

Questions (85)

Bernard Durkan

Question:

85. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 121 of 1 December 2016, the efforts being made to ensure their safety and protection of a person (details supplied); and if she will make a statement on the matter. [40434/16]

View answer

Written answers

I refer the Deputy to his earlier Parliamentary Question, No. 121 of Thursday, 1 December, 2016 and the written reply to that Question. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position is unchanged since then.

Regardless of their status in the context of immigration law, any person fearing unlawful violence or intimidation should in the first instance report their concerns to the Garda Síochána who are empowered to deal with such matters.

Garda Deployment

Questions (86)

James Lawless

Question:

86. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality if Kildare Garda division will see any dedicated community Garda positions filled in 2017; and if she will make a statement on the matter. [40459/16]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

This Government is committed to ensuring visible, effective and responsive policing throughout the country in order to strengthen community engagement, provide reassurance to citizens and prevent crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.

Taking account of projected retirements, reaching a strength of 15,000 members will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that have been recruited since the reopening of the Garda College in September 2014. So far 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. I am informed by the Garda Commissioner that another 900 trainee Garda are scheduled to attest in 2017 which will bring Garda numbers to around the 13,500 mark by year end.

This focus on investment in personnel is critical. While it is the case, as advised by the Commissioner, that all Gardaí have a role to play in addressing community policing issues as and when the need arises and, in that sense, community policing involves far more than a single unit within An Garda Síochána, the moratorium on recruitment introduced in 2010 resulted in a significant reduction in the number of dedicated Community Gardaí throughout the state. We are now rebuilding the Garda Síochána and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Community Gardaí across every Garda Division, including the Kildare Division, in the coming years.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.

Tax Credits

Questions (87)

Anne Rabbitte

Question:

87. Deputy Anne Rabbitte asked the Minister for Finance his views on the future of the home carer tax credit. [40259/16]

View answer

Written answers

As the Deputy will be aware the Home Carer Tax Credit is currently available to families where one parent works primarily in the home to care for children or the elderly. 

The Home Carer Allowance (as it was then) was first introduced in Finance Act 2000 in the context of the commencement of a planned move to the full individualisation of the income tax system.  Such a system would have resulted in a two-parent, single-earner family having the same net income from a given gross wage as a single individual i.e. it would no longer be possible for the tax bands and allowances of the non-earning spouse to be used by the earning spouse.  The Home Carer Allowance was introduced in order to ensure a balance was maintained between those going out to work and carers in the home, and in recognition of the choices families make in caring for dependents in the home. The Deputy will be aware that the move to full individualisation of the income tax system was never completed.

The 2009 Commission on Taxation examined the tax band structure and income tax credits which apply to married one-earner and married two-earner couples and recommended that they should remain in place.  The Home Carer Credit forms part of the current "hybrid" structure relating to band individualisation, and the Commission concluded that it would not be realistic to contemplate its withdrawal where the current arrangements in relation to the tax bands continue to exist or in circumstances where band individualisation is completed.  Furthermore, the Commission considered that, as a general principle and subject to resource constraints, the value of the credit should be increased generally in line with the value of other personal tax credits.

While the value of other personal tax credits has generally remained constant since 2011, I have increased the value of the Home Carer Credit in both Budgets 2016 and 2017, and it will now stand at €1,100 per annum with effect from January 2017. The Budget 2017 increase follows a commitment in the Programme for a Partnership Government to support parents who choose to stay at home and care for their children through an increase in the Home Carers Credit.

The Deputy may also be aware that Revenue has, for a number of years, taken steps to automatically allow the Home Carer Credit without the person having to make a claim, wherever possible. For example, Revenue uses data it receives from the Department of Social Protection in relation to child benefit, together with other data from Revenue's own records, to automatically grant the credit. Revenue also pre-populates the annual tax returns of self-assessed taxpayers with the Home Carer Credit where it was claimed in the previous year.  In 2014, the most recent year for which full information is available, the Home Carer Credit was claimed by approximately 80,900 families, at an exchequer cost of €60.9 million.

Tax Code

Questions (88)

Brendan Griffin

Question:

88. Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied) regarding patronage shares; and if he will make a statement on the matter. [40210/16]

View answer

Written answers

I would first note, as I have previously, that since the establishment of the Revenue Commissioners in 1923, successive Governments and the Oireachtas have reaffirmed the principle of the independence of the Revenue Commissioners in their dealings with the tax affairs of any individual under tax and customs legislation. This independence is seen as critical to maintaining the integrity of the taxation system and forms a key pillar of Revenue's Governance framework.

In relation to the Capital Gains Tax exemption introduced in Finance Act 2014, referred to by the Deputy in the details supplied with this Question, this was a policy measure introduced in response to a change in the EU Common Agriculture Policy (CAP). The technical change to the CAP impacted on those farmers who leased 100% of their land and farm payment entitlements, and resulted in those farmers being obliged either to sell their farm payment entitlements or lose them under the new CAP.  Affected farmers were advised by the Department of Agriculture, Food and the Marine to transfer their farm payment entitlements to active farmers in advance of the CAP changes taking effect, and in these circumstances I considered it appropriate to provide an exemption from CGT on any chargeable gains arising from such a disposal.

By contrast, Revenue's position with regard to the taxation of Kerry Co-op patronage shares is based on long-standing principles of taxation contained in current tax legislation.  The issue of patronage shares held in Kerry Co-op and their tax treatment was considered at a recent Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach held on Wednesday 7 December at which representatives from Revenue were in attendance to answer questions about the matter. On the tax technical issue itself as regard the patronage shares in question and liability to income tax, I am aware that Revenue explained its view that the true market value of the shares received at par is correctly assessable as a trading receipt of the supplier's farming business and is therefore assessable to income tax. The shares essentially represent a form of payment received for the milk supplied and therefore the value of the shares forms part of the farmer's trading income for the relevant years.

Arising from this meeting Revenue undertook to allow the persons affected by this issue additional time to engage with them on this matter. In that regard, I am advised that Revenue will shortly send a letter to each farmer concerned clarifying some matters that have arisen from their original letter to farmers and also explaining how Revenue proposes to bring this matter forward from here.

I am also advised that Revenue has been asked to facilitate a test case before the Tax Appeals Commission (TAC) to determine the tax technical issue. The TAC is an entirely independent statutory body with sole responsibility for accepting or refusing appeals and deciding how it will process appeals where common or related issues arise. I am advised that Revenue will, however, facilitate such a process and will address this matter in its further letter to the farmers concerned.

Departmental Expenditure

Questions (89)

Carol Nolan

Question:

89. Deputy Carol Nolan asked the Minister for Finance the annual cost of providing customs presence at the Banagher horse fair in County Offaly; and if he will make a statement on the matter. [40255/16]

View answer

Written answers

I am advised by Revenue that attendance at events such as the Banagher Horse Fair forms part of the broad range of normal compliance activities undertaken by them.  It is not possible to separately segregate the annual cost for attendance at this event as this varies from year to year according to the assessed risk, the number of officers deployed and other compliance activities that will be undertaken as part of Revenue's normal day to day operations. I am advised by Revenue that officers attend as part of their normal work and no additional staff costs are incurred.

VAT Rate Reductions

Questions (90)

Catherine Murphy

Question:

90. Deputy Catherine Murphy asked the Minister for Finance if he will consider reducing the VAT on adult motorcycle helmets and cycle helmets from the standard 23% rate in line with the zero rate on children's safety helmets in view of the fact that they are an essential component in motorcycle and bicycle safety; and if he will make a statement on the matter. [40257/16]

View answer

Written answers

The VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. 

Ireland's application of the zero rate of VAT to children's safety helmets derives from the derogation under Article 110 of the EU VAT Directive.  Under that provision Ireland may retain the zero rate on goods and services which were in place on 1 January 1991, but may not extend its scope.  As Ireland did not apply the zero rate to the supply of adult helmets at that date, we are precluded from doing so now. 

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