Tuesday, 31 Jan 2017

Written Answers Nos. 84-96

Rural Development Plan

Questions (84)

Thomas Pringle

Question:

84. Deputy Thomas Pringle asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the way in which it is intended the Action Plan for Rural Development will increase social provisions in rural towns and maintain the presence of existing social provisions such as post offices, rural Garda stations and bus routes in view of the fact that these vital services are needed to attract new residents into these areas; and if she will make a statement on the matter. [4167/17]

Written answers

Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs

Realising our Rural Potential, the Government's Action Plan for Rural Development, takes a whole-of-Government approach to the economic and social development of rural Ireland. The Plan contains over 270 actions to be delivered by a range of Government Departments, State agencies and other bodies.

An objective of the Plan is to support sustainable communities through the enhancement of local services, including in areas such as health care, safety and security, and transport. A range of measures will be taken across various Government Departments, Agencies and other bodies to support these services in rural areas. For example:

­ The National Transport Authority will work with rural communities to assess and implement improvements to existing transport routes and develop new routes as necessary. Transport services for the off-shore islands will also be improved.

­ The HSE will increase the number of GPs in rural areas and will invest in new primary care centres and support Community Intervention Teams to facilitate the treatment of patients in their own communities.

­ The Department of Justice and An Garda Síochána will take a range of measures to address crime prevention, including by ensuring that Gardaí are mobile, visible and responsive in the community, and through schemes such as the new Community CCTV Grant Aid Scheme.

­ My own Department will oversee actions to support the Post office network, arising from the work of the Post Office Renewal Board and the Post Office Hub Working Group.

It is important, also, that we implement measures to help breathe life back into our rural towns and villages and enable them to become vibrant places where people socialise, live and work. The rejuvenation of towns and villages will be supported under the Action Plan through schemes such as the Town and Village Renewal Scheme and the CLÁR Programme. I also intend to launch a pilot scheme later in the year to encourage people to take up residential occupancy of premises in town centres.

Arts in Education Charter

Questions (85)

Niamh Smyth

Question:

85. Deputy Niamh Smyth asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the progress on implementing the arts in education charter; and if she will make a statement on the matter. [4181/17]

Written answers

Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs

The Programme for a Partnership Government commits to the continued implementation of the Arts in Education Charter and my Department is working closely with the Department of Education and Skills and the Arts Council to deliver the objectives of the Charter.

The work of the two Departments and the Arts Council in implementing the Charter is achieved largely through existing structures such as education centres. Good progress has been made to date in terms of launching Ireland’s first Arts in Education Portal, holding National Arts and Education Days and developing Teacher Artist Partnerships through the Education and Training Centres.

In terms of direct support for the arts, this is primarily a matter for the Arts Council and its ten-year strategy - Making Great Art Work 2016-2025 - places specific emphasis on the need to plan and provide for children and young people.  The strategy also commits to working to achieve full implementation of the Arts in Education Charter. Arising from the significant increase of support of €5m which I secured for the Arts Council as part of Budget 2017, I am pleased to say that Arts Council funding in this area for 2017 has in turn increased from €3.1m in 2016 to €3.7m this year. This is a very clear indication that the Arts Council is prioritising arts participation by young people and children.

In addition to the Charter, the Creative Ireland Programme, which the Taoiseach and I launched on the 8th of December, places a special focus on “Enabling the Creative Potential of Every Child”. Building on the Arts in Education Charter this will involve the development of an integrated plan to enable every child in Ireland to access tuition in music, drama, art and coding by 2022. My Department will be working with relevant Departments and other stakeholders over the coming months to develop this plan.

Departmental Expenditure

Questions (86)

Brendan Howlin

Question:

86. Deputy Brendan Howlin asked the Taoiseach the projected cost of his Department's communications unit for 2017; and if he is planning any change in the role of the communications unit. [4131/17]

Written answers

The Taoiseach

There are no costs associated with the Communications Unit in my Department, as the Unit has not been operational since August 2014.

Departmental Staff Data

Questions (87)

Niall Collins

Question:

87. Deputy Niall Collins asked the Taoiseach the number of staff under the aegis of his Department in the clerical officer, staff officer or equivalent grade. [4942/17]

Written answers

The Taoiseach

As of 31 January 2017, there were 33.4 (whole time equivalent) staff serving at clerical officer grade and 3.8 (whole time equivalent) staff serving at staff officer grade in my Department.

As of 31 January 2017, there was one clerical officer and no staff officers in the National Economic and Social Development Office, which comes under the aegis of my Department.

Commercial Rates Valuation Process

Questions (88)

Joan Burton

Question:

88. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality the measures her Department proposes in conjunction with the Department of Jobs, Enterprise and Innovation under point 76 of the Action Plan for Rural Development to conduct a revaluation of commercial properties in nine rural counties; and if she will make a statement on the matter. [4113/17]

Written answers

Tánaiste and Minister for Justice and Equality

Action Number 76 of the Government's Action Plan for Rural Development, "Realising Our Rural Potential", published on 23 January 2017, provided a commitment to conduct a revaluation of commercial properties in nine rural counties to ensure fairness and equity in the levying of commercial rates on business with a view to rolling out to further counties in 2017.

The Valuation Office is currently undertaking a systematic national programme of revaluing, for rates purposes, all industrial and commercial properties in the State on a rating authority basis. The purpose of revaluation is to bring more equity, fairness and transparency into the local authority rating system and to distribute the commercial rates liability more equitably between ratepayers. The immediate objective of the revaluation programme is to ensure that the first revaluation of all rating authority areas in more than 150 years is conducted as soon as possible. Following this revaluation, subsequent revaluations of each rating authority area will then be carried out on a cyclical basis no sooner than five years and no later than ten years after the first revaluation, in accordance with Section 25 of the Valuation Act 2001.

The Commissioner of Valuation is independent in the performance of his functions and decisions with regard to the selection of rating authority areas for revaluation are his sole prerogative. Section 19(1) of the 2001 Act empowers the Commissioner, after consultation with the Minister for Housing, Planning, Community and Local Government and the rating authority concerned, to make a Valuation Order specifying a rating authority area over which a revaluation is to be conducted. I am advised that the revaluation programme which began with South Dublin, Fingal and Dun Laoghaire-Rathdown County Council areas has also been rolled out to the Dublin City Council area, Waterford City and County Council area and Limerick City and County Council area.

The current phase of the National Revaluation Programme known as "REVAL 2017" covers revaluation of counties Longford, Leitrim, Roscommon, Westmeath, Offaly, Kildare, Sligo, Carlow and Kilkenny for the first time since the nineteenth century. These are the nine counties referenced in Action No. 76 in the Government Action Plan for Rural Development. The revaluation of these nine rural counties is expected to be completed in September 2017 and become effective for rates purposes from 2018 onwards.

Garda Reports

Questions (89)

Catherine Murphy

Question:

89. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if she will publish a Garda internal audit section report (details supplied) in view of the fact that the report states that no assurances can be given regarding financial controls at the Garda training college being compliant with public financial procedures; and if she will make a statement on the matter. [3776/17]

Written answers

Tánaiste and Minister for Justice and Equality

The report to which the Deputy refers is a draft interim Internal Audit Report of the financial procedures in the Garda College prepared by the Internal Audit Section of An Garda Síochána. My Department received a copy of the draft report from An Garda Síochána's Head of Internal Audit on 16 September 2016. I understand that the draft report was sent to all interested parties for their observations before being finalised.

As I have said previously, I would of course be concerned by any irregularity in audits and accounting at the Garda College. Under the Garda Síochána Act 2005 the Garda Commissioner is the Accounting Officer for the Garda Vote and it is, therefore, for her to address the findings and recommendations in the report. While the report remains to be finalised, I understand that the Commissioner has accepted in principle its findings and that steps are in train to address the recommendations. In particular, a Steering Committee chaired by the Chief Administrative Officer and including a representative of my Department, has been established to oversee the implementation of the recommendations.

In the normal course it can be expected that the final report will be furnished to the Comptroller and Auditor General by the Commissioner for his information and for any further enquiries he may wish to make.

Immigrant Investor Programme Administration

Questions (90)

Hildegarde Naughton

Question:

90. Deputy Hildegarde Naughton asked the Tánaiste and Minister for Justice and Equality when the recent rule changes to the immigrant investor programme became applicable; when the public was made aware of these changes; when her Department ceased taking applications under the scheme in 2016; if the public was made aware that such applications would be rejected; and if she will make a statement on the matter. [3825/17]

Written answers

Tánaiste and Minister for Justice and Equality

I have been informed by the Irish Naturalisation and Immigration Service of my Department that the recent changes to the Immigrant Investor Programme (IIP) were published on the INIS website on the 20 December 2016. These changes are applicable to all applications made on and after the 2 January 2017, the date from which the next round of applications for the IIP will be accepted. INIS has recently published, on its website, the application periods for 2017 in order to provide a timeline during which applications to the IIP will be accepted.

Applications for the previous IIP application period closed on Wednesday 14 September 2016 and all applications received to this date were accepted and dealt with under the previous IIP programme criteria. A small number of applications were received after this date and they were returned to the applicants as they were outside of the published time for the receipt of applications. My officials are aware that in the case of a very limited number of cases, arrangements may have advanced to a stage where it might be appropriate to permit them to proceed to conclusion under the investment arrangements that applied prior to 2 January 2017. These cases will be brought to the attention of the expert independent inter-Departmental Evaluation Committee who will be asked at its next meeting, scheduled for 22 February 2017, to consider the position.

Refugee Resettlement Programme

Questions (91)

John Curran

Question:

91. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if persons coming here under the refugee protection programme have been declared refugees prior to landing here or if their claims still have to be heard when they arrive here; if the latter, if the process is the same for existing asylum applications or different; and if she will make a statement on the matter. [3826/17]

Written answers

Minister of State at the Department of Justice and Equality

People arriving under the Irish Refugee Protection Programme fall into two general categories. Those arriving from Lebanon under the refugee resettlement strand of the programme are deemed to be "programme refugees" upon arrival as provided for under Section 59 of the International Protection Act, 2015. In other words they already have refugee status prior to arrival in Ireland.

Those arriving under the relocation strand of the Programme, from Greece or Italy, do so via a relocation mechanism established by Council Decisions EU/2015/1523 and EU/2015/1601 to assist Greece and Italy in their efforts to address the migration crisis on their shores. They do not have refugee status and arrive in Ireland as asylum seekers and go through the asylum application process operated by the International Protection Office. However, in order for an asylum seeker to be eligible for relocation an applicant must belong to a nationality for which the proportion of decisions granting international protection among decisions taken at first instance on applications for international protection is, according to the latest available updated quarterly Union-wide average Eurostat data, 75 % or higher. Therefore as relocated asylum seekers fall into the above category they generally obtain a decision on their application for international protection within 8-12 weeks.

Refugee Resettlement Programme

Questions (92)

John Curran

Question:

92. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the amount of funding that has been allocated for 2017 to the refugee protection programme; and if she will make a statement on the matter. [3827/17]

Written answers

Minister of State at the Department of Justice and Equality

The Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the migration crisis that had developed on the southern shores of the European Union. Under this decision a programme office was established in my Department to oversee the operational aspects of the programme, which aims to bring in 4,000 vulnerable migrants to Ireland under two different mechanisms, refugee resettlement - operated by the Office for Promotion of Migrant Integration (OPMI) - and asylum seeker relocation.

The IRPP deals with all aspects of a migrant's life from the moment they are selected for relocation or resettlement to their transportation to Ireland and eventual settlement in the communities around the state. Consequently, the cost of the programme is spread across many government departments and state agencies and cannot be calculated without significantly impacting on resources in those Departments.

Within my own Department the costs of the programme are spread across several different areas including the Irish Refugee Protection Programme Office, the Office for the Promotion of Migrant Integration, the International Protection Office and the Reception and Integration Agency - many of which cover a wide range of activities beyond those specifically related to the IRPP. While it would be difficult to produce a detailed breakdown of funding across all Justice areas involved in the programme without disproportionately impacting on staff resources, I understand that the total funding for those aspects of the Programme being operated within my Department is in the region of €20 million.

It is expected that the pace of the programme will continue to increase during 2017. Accordingly the amount of funding and resources allocated to the various areas involved in its implementation will be kept under regular review.

Airport Security

Questions (93)

Clare Daly

Question:

93. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality whether the statement made by a PSNI detective chief superintendent at a meeting of the Northern Irish Assembly justice committee on 19 January 2017 that Border Force is based in Dublin Airport already is in reference to Border Force officials being physically stationed in Dublin Airport or in reference to information sharing between the Irish Naturalisation and Immigration Service, INIS, and Border Force on persons passing through passport control upon arrival at or departure from Dublin Airport, or both; if, in regard to information sharing, she will detail the extent of this information sharing; if information is shared in both directions, that is, from Ireland to the UK and from the UK to Ireland; the grounds, legislative or otherwise, upon which it is shared; and the data privacy protections that must be observed by the British authorities if and when passenger information is passed to them by the Irish authorities. [3831/17]

Written answers

Tánaiste and Minister for Justice and Equality

There are no UK Border Force officials based at Dublin Airport. The Garda National Immigration Bureau has a secondment arrangement with UK Border Force whereby a staff member based in their Belfast office works in the GNIB Dublin Office for a few days every month on immigration matters concerning the protection of the Common Travel Area.

Naturally, there is a close operational relationship with the UK authorities in managing the security of the Common Travel Area between Ireland and the UK. The gathering and sharing of relevant information, which is a two-way process, is an important aspect of this cooperation and there are robust and constantly evolving immigration security information-sharing arrangements in place between Ireland and the UK, including watch list sharing and biometric data sharing in relation to visa applications as part of the British Irish Visa Scheme, as well as ongoing daily cooperation at operational level. Last year, I introduced regulations which facilitate Irish registered carriers in providing Advance Passenger Information to the UK authorities (where so requested) on journeys from here to the UK.

The sharing of information is mutually beneficial to both countries in making immigration decisions both in the protection of the external perimeter of the CTA and on an intra-CTA basis. All data sharing arrangements are subject to the requirements of Irish and EU data protection law.

Garda Reserve

Questions (94)

Jim O'Callaghan

Question:

94. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her plans for the Garda Reserve for 2017; when the recruitment drive for 300 new reserves will take place; and if she will make a statement on the matter. [3837/17]

Written answers

Tánaiste and Minister for Justice and Equality

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.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter 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.

I have spoken to the Garda Commissioner in relation to the delivery of the commitment to double the Reserve to 2,000 and what steps might be taken to ensure that the expanded Reserve is used to best effect in support of visible policing. In this regard I am informed that the Garda Reserve Management Office is undertaking an audit of the experience and skills of Reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve. Work is also underway on the development of a recruitment plan with the objective of recruiting and training 300 new Reserves annually starting later this year, to bring the strength of the Reserve up from its current strength of 695 members to 2,000 by 2021. As part of the planning process, I understand that the Office is examining the possibility of recruitment at the regional or divisional level, rather than centrally, and also the manner in which the training is delivered.

Mortgage Arrears Proposals

Questions (95)

Michael Fitzmaurice

Question:

95. Deputy Michael Fitzmaurice asked the Tánaiste and Minister for Justice and Equality the progress that has been made in implementing the commitment in the programme for a partnership Government to establish a dedicated new court to sensitively and expeditiously handle mortgage arrears and other personal insolvency cases (details supplied); when she expects the court to be operational; and if she will make a statement on the matter. [3848/17]

Written answers

Tánaiste and Minister for Justice and Equality

I can confirm to the Deputy that the establishment of a dedicated new court to sensitively and expeditiously handle mortgage arrears and other personal insolvency cases continues to be examined by my Department. As the Deputy will also be aware, the allocation of judicial resources and the scheduling of court cases is a matter for the Presidents of the courts and the judiciary who are, under the Constitution, independent in the exercise of their judicial functions. The President of the Circuit Court has been very helpful as regards consideration of dedicated new court arrangements for repossessions and the option and implications of use of pre-existing legislative powers to implement a system of specific court sittings for repossessions at specific venues on specific dates. This is being pursued at present between my Department and the Courts with a view to possible new arrangements for the Easter law term where appropriate and having regard to constitutional constraints. Furthermore the Government, at its meeting of 6 December 2016, decided to reassign, by appointment, three specialist judges of the Circuit Court as ordinary judges of the Circuit Court to fill three existing vacancies and so there are currently no vacancies in the Circuit Court. The Department is actively involved in discussions, including with the judiciary and Courts Service, as regards what progress can be made on introducing the proposed dedicated arrangements for mortgage arrears cases which I hope to bring to Government for consideration in the near future.

A key element of the commitments in the Programme for Government is, as the Deputy will also be aware, putting in place a national mortgage arrears resolution service and priority was given last year to getting the new national Mortgage Arrears Resolution Service (Abhaile) up and running and this was formally launched last October. The service, which forms part of the Programme for Partnership Government commitments on mortgage arrears, ensures that people who are at risk of losing their home have access to free independent financial and legal advice and assistance. The objective is to help these homeowners to identify and put in place solutions to their mortgage arrears, with priority to helping them remain in their home wherever possible.

The Abhaile service is available through the Money Advice and Budgeting Service (MABS) helpline and MABS offices across the country. Homeowners who are at risk of losing their homes due to mortgage arrears, including those facing repossession proceedings, can contact MABS which will provide support and advice. Support available includes in-house dedicated Mortgage Arrears advisers in MABS offices across the country, specifically to assist and negotiate with financial institutions on the borrower's behalf. MABS can also provide access to free independent financial advice and assistance on personal insolvency and bankruptcy from a personal insolvency practitioner (PIP), and to free independent legal advice from a solicitor, under a 'voucher' system. The advice and assistance is provided by a PIP or solicitor from expert panels, established under the Scheme respectively by the Insolvency Service of Ireland and by the Legal Aid Board. The service also includes free support and assistance at Circuit Court repossession court lists country-wide, with MABS court mentors in attendance to provide help and advice to borrowers attending, and a 'duty solicitor', from a Legal Aid Board panel, to provide legal assistance in court to unrepresented borrowers in repossession proceedings. The scheme also offers legal aid to borrowers seeking the new Personal Insolvency court review under the Personal Insolvency (Amendment) Act 2015. Over 4,100 vouchers have been issued under the Scheme up to 27th January 2017.

A further key element related to the power of a court to impose mortgage arrears solutions for those in arrears and it is critical to note that use of the key statutory provision allowing for imposition of debt solutions involving a mortgage, where the solution has been rejected by the creditors, is increasing due to the availability of the Abhaile service since last October. I am referring to the "section 115A" procedure put in place under the 2015 Personal Insolvency legislation which allows the Circuit Court, in defined circumstances, to impose a personal insolvency arrangement (PIA), on application from the debtor, where the proposed arrangement has been rejected by the creditors.

I would also like to point out to the Deputy that early indications, while based on small initial samples, suggest that the new Abhaile service is reaching those most at risk of losing their homes, and particularly the cohort of those who are in mortgage arrears equivalent to 720 days or more. They also suggest that access to free, independent expert help, and to statutory protection against creditor pressure for those who are engaging, is a significant relief for those at risk, and that independent advice is identifying solutions which offer better outcomes for the homeowner, often enabling them to remain in their homes. Representative outcome data for the Abhaile Service is not yet available, but this information is being tracked and collected, and full analysis will be available at a later date.

My Department, together with the Department of Social Protection, leads both operational oversight and governance steering groups for the new Abhaile service and its effectiveness and impacts are being closely monitored as part of these processes, whilst my Department also continues to pursue the remaining aspects of the Programme for Government commitment with a view to further implementation measures in the next three months.

Protected Disclosures

Questions (96)

Jim O'Callaghan

Question:

96. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the date on which she received the report from a person (details supplied) into allegations of Garda attempts to discredit a whistleblower; and when she will publish the report. [3851/17]

Written answers

Tánaiste and Minister for Justice and Equality

The Deputy is referring to a report which I have received from Mr. Justice Iarfhlaith O’Neill of his review relating to two protected disclosures which I received from members of An Garda Síochána in early October last year. I received Mr. Justice O'Neill's Report on 7th December 2016.

Mr Justice O’Neill was asked to review the allegations of wrongdoing contained in the disclosures, to make any inquiries with persons or bodies that he considered appropriate in relation to the review and to report to me on the conclusion of the review, including any recommendations which he may consider necessary in relation to any further action which may be appropriate and warranted to address the allegations.

The Report set out in detail the allegations contained in the protected disclosures. In view of the nature of those allegations, and the fact that third parties are mentioned, the Report was referred to the Attorney General for her advice on how to proceed, including the question of what material might properly be put in the public domain, having regard to the rights of all concerned. Advices were received from the Attorney General’s Office which raised further issues and which necessitated further consultation between my Department and that Office.

I expect that I will be in a position to bring proposals to Government on this matter in the very near future. These proposals will obviously be guided by the conclusions and recommendations of Mr. Justice Iarfhlaith O'Neill as regards what further action might be necessary, and will deal with the issue of putting those conclusions and recommendations into the public domain.