Written Answers Nos. 314-335
314. Deputy John Curran asked the Minister for Social Protection the number of applications made for domiciliary care allowance in 2016; the number of these applications that were granted; the number that were refused; the number of applications that were refused and that were subsequently granted on appeal by area, in tabular form; and if he will make a statement on the matter. [25958/17]
View answerDomiciliary care allowance (DCA) is a monthly payment to the parent/guardian of a child, aged under 16 with a disability so severe that the child requires care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be provided to allow the child to deal with the activities of daily living, and s/he must be likely to require this level of care and attention for at least 12 months.
The details requested on DCA applications made in 2016 are set out in the table 1, with information on DCA appeals set out in table 2:
Table 1: Domiciliary Care Allowance applications
|
Year |
Applications received |
Applications processed |
Awarded |
Disallowed |
|
2016 |
7,434 |
6,679 |
4,996 |
1,683 |
Table 2: Domiciliary Care Allowance appeals
|
Year |
Appeals received 1198, on hand at start year 562. |
Revised Decision by DCA section, so appeal not processed. |
Allowed (including Partially allowed) |
Disallowed |
Withdrawn |
|
2016 |
1,760 |
469 |
614 |
250 |
11 |
315. Deputy John Curran asked the Minister for Social Protection the annual additional cost of increasing the back to school clothing and footwear allowance by €100 per child in both age categories; and if he will make a statement on the matter. [25959/17]
View answerThe back to school clothing and footwear allowance (BSCFA) scheme provides a once-off payment to eligible families to assist with the extra costs when children start school each autumn. The BSCFA is not intended to meet the full cost of school clothing and footwear but to provide assistance towards these costs. The Government has provided €37.4 million for the scheme in 2017.
End of year records show that under the 2016 BSCFA scheme, payments were made to over 154,000 families in respect of some 283,000 children. The rate of payment was €100 in respect of children aged 4 to 11 and €200 for children over 12 years in second level education.
Using the number of children covered by the scheme in 2016 as a basis, the additional cost to increase the BSCFA rates by €100 for each eligible child would be approximately €28.3 million. Changes to increase the rate of payment of any scheme administered by the Department would have to be considered in a budgetary context.
I trust this clarifies the matter for the Deputy.
316. Deputy Anne Rabbitte asked the Minister for Social Protection if he has considered streamlining the process by which seasonal workers apply for unemployment benefit. [26008/17]
View answerMy Department administers over 70 different schemes and services and it is committed to ensuring that claims are processed as expeditiously as possible. One of the main priorities for the Department is to build on achievements already made to integrate services into a new service delivery model and streamline the applications process for all schemes.
In general, there is no delay in processing jobseeker benefit claims in Intreo Centres if the relevant claim application forms and supporting documentation are completed, as required by the customer, in a timely manner.
Seasonal workers should apply for jobseeker’s benefit as soon as they become unemployed. Initially, when a person makes an application for jobseeker’s benefit, 3 waiting days apply and payment is made from the 4th day of the claim. If, however, a person makes a repeat claim for jobseeker’s benefit within 26 weeks of their previous claim, the repeat claim links to the earlier claim and no waiting days apply.
School educational sector workers, who are employed on a temporary basis and who have previously been in contact with the Department, are issued with a repeat jobseeker’s application form and holiday form in advance of the school holiday periods. This advance process facilitates an efficient service to these customers and allows for speedy processing of their claim when the period of unemployment actually arises. However, it is important to note that educational sector workers are still required to sign on for each period of unemployment.
I want to assure the Deputy that prompt processing of all claims remains a priority for my Department. Each scheme area is monitored on an on-going basis and processing procedures are reviewed to ensure that claims are paid to customers as quickly as possible.
I hope this clarifies the matter for the Deputy.
317. Deputy Joan Collins asked the Minister for Social Protection the number of craft workers relevant to the construction industry now in receipt of social welfare payments (details supplied). [26024/17]
View answerI am informed that at the end of April there were 35,143 people on the live register who had indicated that their occupation immediately prior to registration for a jobseeker’s payment was in the craft and related occupation sector, relevant to the construction industry.
318. Deputy Joan Collins asked the Minister for Social Protection the number of persons receiving a jobseeker's payment under 26 years of age; and the number of persons receiving the payment in each of the years 2014, 2015 and 2016. [25932/17]
View answerThe information requested by the Deputy is detailed in the tabular statement.
Recipients of Jobseeker’s Allowance and Jobseeker’s Benefit at the end of April in each of the years 2014 to 2017
|
Age |
2014 |
2015 |
2016 |
2017 |
|
|
18 |
3,333 |
3,103 |
2,594 |
2,074 |
|
|
19 |
5,965 |
5,116 |
4,375 |
3,485 |
|
|
20 |
6,630 |
5,443 |
4,480 |
3,734 |
|
|
21 |
6,757 |
5,382 |
4,518 |
3,530 |
|
|
22 |
7,416 |
5,430 |
4,315 |
3,480 |
|
|
23 |
8,634 |
6,153 |
4,526 |
3,670 |
|
|
24 |
8,572 |
6,838 |
4,956 |
3,633 |
|
|
25 |
8,711 |
7,126 |
5,976 |
4,316 |
|
|
Jobseeker’s Allowance |
Totals |
56,018 |
44,591 |
35,740 |
27,922 |
|
Age |
2014 |
2015 |
2016 |
2017 |
|
|
18 |
4 |
- |
3 |
3 |
|
|
19 |
22 |
16 |
15 |
15 |
|
|
20 |
86 |
76 |
51 |
51 |
|
|
21 |
211 |
192 |
177 |
158 |
|
|
22 |
525 |
393 |
306 |
260 |
|
|
23 |
719 |
680 |
559 |
422 |
|
|
24 |
938 |
820 |
641 |
631 |
|
|
25 |
1,010 |
817 |
737 |
701 |
|
|
Jobseeker’s Benefit |
Totals |
3,515 |
2,994 |
2,489 |
2,241 |
319. Deputy Mick Barry asked the Minister for Social Protection his views on the long-term decline in occupational defined benefit pension schemes in the private sector; his further views on the idea of a State supervised unified defined benefit, half final salary occupational pension scheme for workers in all sectors; and if he will make a statement on the matter. [23051/17]
View answerInternationally, as well as in Ireland, Defined Benefit (DB) schemes have been facing increased difficulties over the last two decades. This has been due to volatility in the stock markets, increasing liabilities arising from the demographic pressures of increasing life expectancy, low interest rates and regulatory requirements. Essentially the cost of providing benefits has increased at a rate that has not been covered by the level of the employer and employee contributions to pension schemes and the investment returns earned. In addition, accountancy standards, which make pension liabilities very apparent on a company’s balance sheet, contribute to the pressures under which DB schemes are operating.
During the financial crisis the decline of DB schemes accelerated to the extent that the whole sector was at risk. At that stage a series of legislative amendments was brought forward to alleviate the situation.
The ongoing decline of defined benefit schemes over the past two decades has seen the number of schemes subject to the funding standard decline from 2,031 in 2000 to approximately 660 such schemes now. Despite its decline, the DB sector is still a very important sector with assets under management of approximately €62 billion and membership comprised of 100,000 pensioners, 125,000 active members and 435,000 deferred members.
Whilst a very significant number of DB schemes have closed in recent years, in most cases they are replaced by Defined Contribution (DC) schemes, generally by agreement between employer and employee representatives.
I intend to bring further proposals forward to alleviate the problems in defined benefit schemes in the forthcoming Social Welfare and Pensions Bill.
I have made pension reform a priority for my term as Minister for Social Protection. To this end I can confirm my intention to publish and start implementing an Action Plan for the reform of pensions over the coming months.
The rate of supplementary pension coverage in Ireland is estimated at 35% of the working population when the private sector is considered in isolation. If measures are not taken to address this low rate of coverage, many future retirees will experience unwanted reductions in their living standards when they reach retirement.
To deal with this situation, as well as a range of other reform measures, this Action Plan will set out proposals for a transition from the current and purely voluntary supplementary pension system to one which will automatically enrol eligible employees into a quality assured DC retirement savings system. This reform, where the saver will maintain the freedom of choice to opt-out, will encourage long term saving and asset accumulation amongst those who may otherwise suffer a reduction in living standards at retirement and will increase the wellbeing, financial security, and independence of future retirees.
Following the publication of this Action Plan and in order to guide future Government decisions, the detailed evidence building and consultation required to deliver automatic enrolment will be undertaken over an initial project planning phase. This work is needed to inform fundamental choices regarding the preferred operational structure and organisational governance for the new system as well as design elements such as the required contributions, financial incentives and target membership. Correctly positioning/designing each of these will be critical to the success of any system. Decisions on each of these matters will be required to determine costings for the system.
I hope this clarifies the matter for the Deputy.
320. Deputy Joan Collins asked the Minister for Social Protection if he will report on the delays in processing maternity benefit claims; the time it now takes to process the postal claims and online claims; and the number of claims that take two weeks, a month, two months or longer, respectively. [25929/17]
View answerMaternity benefit section is currently experiencing some difficulty with processing all claims in advance of their maternity leave commencement date. Corrective actions have been taken and progress is being made. However, there are still a number of mothers that will receive their first payment up to 3 to 4 weeks after they commence their maternity leave. The number has reduced to 700 at 29 May, down from 1,100 based on a count at 22 May.
Additional staff have been assigned and staff from other sections are also supporting maternity section on a temporary basis. Staff have also been working overtime, including Saturdays, to ensure as many claims as possible get processed and paid by their leave commencement date. The focus remains on ensuring that all claims are processed as quickly as possible.
Claims submitted in paper format continue to take on average 6 weeks to process. However, claims are processed by reference to the ‘commencement of maternity leave date’ as this ensures as many new mothers as possible have their claim awarded by the time they take their maternity leave. The departmental standard requires 90% of maternity claims to be processed before the start of the leave date. Statistics are not compiled on the basis requested by the Deputy, differentiating between claims that take two weeks, a month, etc. so it is not possible to provide this information.
Where a claim is made online, it is decided immediately by way of a fully automated process, providing that the conditions are met and the necessary documentation is attached. Efforts continue to be made to promote online applications and I would ask the Deputy to encourage expectant mothers to avail of this facility.
321. Deputy David Cullinane asked the Minister for Foreign Affairs and Trade the measures his Department has put in place to enable persons who wish to apply for passports but who do not have a public services card and are not resident in the State, such as residents of Northern Ireland, the United States of America, Canada and Australia, once the requirement to have a public services card to apply for a passport is in operation; and if he will make a statement on the matter. [25730/17]
View answerThe Public Services Card (PSC) is designed to assist people in accessing a range of Government services from different departments. It is not confined to passports. As such there are no plans to make holding the Public Services Card a requirement for passport applicants who are not resident in the State. These applications will continue to be subject to the highest standards of verification and the documentary requirements are kept under continual review.
I would like to take this opportunity to highlight – for those resident overseas in particular – the benefits of the Online Passport Application Service. Adults who qualify can renew their passports from their mobile devices or computers 24 hours a day, seven days a week, regardless of where in the world they are. The online service dispenses with the need for any paperwork and it takes just ten working days plus postage for a passport to issue.
322. Deputy Brendan Ryan asked the Minister for Foreign Affairs and Trade the additional human and financial resources that have been allocated to cope with the unprecedented demand for new passports and passport renewals since January 2017; and if he will make a statement on the matter. [25314/17]
View answerSince January 2017 almost 230 Temporary Clerical Officers have been assigned to the Passport Service and appointed to the Passport Offices in Balbriggan, Mount Street and Cork.
Temporary Clerical Officers in the Passport Service are typically hired on twenty-six week contracts. The salary scale for these officers is the Clerical Officer salary scale, which ranges from €438.46 per week to €734.78 per week.
A number of additional permanent Clerical Officers from within the Department have also been assigned to the Passport Service in response to the exceptionally high volumes of applications received this year.
Targeted overtime for the Passport Service has also been sanctioned to increase processing capacity. From 1 January up until the end of April, the total cost of overtime was €196,912.
These measures have contributed to bringing the average turnaround time for Passport Express renewals back in line with the target of fifteen working days, as of the week ending 26 May. First-time applications and applications to replace lost, stolen or damaged passports take longer due to additional security checks and are currently two working days over target, with an average turnaround time of 22 working days.
As take-up of the Online Passport Application Service increases, it will considerably enhance overall passport processing capacity and contribute to reducing turnaround times for all channels. I therefore urge all Deputies to encourage adults who are renewing their passports to do so online. The turnaround time for online renewals is just ten working days plus postage time.
Further, I urge all Deputies to encourage citizens to register for the free passport renewal reminder email service provided by my Department at the following web address: https://www.eforms.gov.ie/en/reminder/passport/.
323. Deputy Eamon Ryan asked the Minister for Foreign Affairs and Trade the meetings or discussions he has had with leaders in Northern Ireland regarding the formation of the Assembly in advance of the UK general election. [24357/17]
View answerFollowing the Assembly election, I spoke on 5 March with the Secretary of State for Northern Ireland, and the Taoiseach spoke with Prime Minister May. Both Governments agreed on the need for intensive engagement to address outstanding issues and commitments to ensure the early establishment of an Executive. As co-guarantors of the Good Friday Agreement, both Governments have a role to play in supporting the effective operation of the devolved institutions, and in upholding both the letter and the spirit of the Agreement as a whole, in the interests of all in Northern Ireland.
In this context I am representing the Government in the currently paused talks’ process in Belfast. The talks have two objectives. Firstly, to allow the political parties to reach an agreement on the formation of a new Executive. Secondly, to address the implementation of outstanding issues from previous Agreements.
Since the talks began in early March, good work has been done collectively by the five parties and there has been encouraging movement across a range of areas, but a number of key issues remain still to be resolved.
As part of my engagement with the Secretary of State and with each of the parties in the discussions in recent weeks, I have strongly emphasised the critical importance of forming a new Executive so that Northern Ireland’s interests can be effectively represented, as part of the process of the EU-UK negotiations which are about to commence. I very much hope that the necessary agreement between the parties will be reached on the formation of the Executive as soon as possible, so that it can directly articulate the interests of the people of Northern Ireland in these negotiations which are of major significance.
Following the announcement of the general election in the UK, I held further contacts with the parties in Northern Ireland. There was a widespread view that given the demands and constraints of the election campaign, the best course would be to pause the talks until after the general election takes place on 8 June. This pause was agreed on 27 April.
The new legislative deadline for forming the Executive is 29 June. There will therefore be a sufficient opportunity after June 8 for the talks to resume and for the parties, with the appropriate support and involvement of the two Governments, to re-engage on the urgent task of forming a new Executive and taking forward the implementation of outstanding commitments from previous Agreements.
I believe there is a shared determination on the part of all parties to renew their engagement on the key outstanding issues in these talks, once the UK general election has taken place. The Irish Government will continue, in cooperation with the British Government, to support and facilitate the parties in their efforts to reach agreement. It is critically important to see devolved Government restored and working effectively in the interests of the people of Northern Ireland, in particular in the context of the UK’s withdrawal from the European Union.
324. Deputy Fergus O'Dowd asked the Minister for Foreign Affairs and Trade if he will address concerns raised (details supplied) regarding the new process on passport applications; and if he will make a statement on the matter. [25547/17]
View answer332. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if persons applying for passports from autumn 2017 will need to have public services cards; the reason for this change; if he has considered the negative consequences it will have for persons living in Northern Ireland; and his views on whether it impinges and places unnecessary burdens on the right of Irish citizens resident there to apply for Irish passports. [25675/17]
View answerI propose to take Questions Nos. 324 and 332 together.
The Public Services Card (PSC) is designed to assist people in accessing a range of Government services from different departments. It is not confined to passports. As such there are no plans to make holding the Public Services Card a requirement for passport applicants who are not resident in the State. Passport applications from Northern Ireland and elsewhere will continue to be subject to the highest standards of verification and the documentary requirements are kept under continual review.
As well as acting as a key to more efficient and better-run public services, the PSC is helping to eliminate fraud. Robust anti-fraud measures are essential to protect the integrity of the Irish passport.
The PSC is already a requirement for first-time passport applicants. It is intended to extend the requirement to passport renewal applications later this year and the Department of Foreign Affairs and Trade is currently working with the Department of Public Expenditure and Reform and the Department of Social Protection on the modalities for the extension (including a comprehensive public information component).
325. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade the outstanding issues that have not been fully implemented under the Good Friday Agreement and subsequent agreements. [20405/17]
View answerThe Government’s firm position is that the Good Friday Agreement and subsequent Agreements must be implemented in full, and this is reflected in the Programme for Partnership Government. The Agreements, and the principles and values underpinning them, are at the core of the Government’s approach to peace, reconciliation and prosperity on this island. The Government will continue to work tirelessly for that full implementation in both letter and spirit.
In this context I have been representing the Government in the talks’ process in Belfast. The talks have two objectives. Firstly, to allow the political parties to reach an agreement on the formation of a new Executive. Secondly, to address the implementation of outstanding issues from previous Agreements.
Since the talks began in early March, good work has been done collectively by the five parties and there has been encouraging movement across a range of areas, but a number of key issues remain to be resolved. While I am under no illusions about the challenge of resolving the core issues that remain outstanding in the talks, I believe there is a shared determination on the part of all parties to renew their engagement on the key issues in the talks, once the UK general election has taken place.
In terms of outstanding commitments, respect for linguistic diversity and the Irish language are important elements of the Good Friday Agreement. An Irish Language Act in Northern Ireland, to be enacted by the British Government, was provided for in the St Andrews Agreement in 2006. Successive Irish Governments have advocated in favour of an Irish Language Act and continue to do so. Regrettably to date, there has been no agreement within the Executive to take forward what is now a devolved matter.
In the Stormont House negotiations in late 2014, while I and other Irish Government representatives advocated for this commitment being honoured and implemented, regrettably it was not possible to reach agreement for such an explicit undertaking. Nevertheless, in the text of the final Stormont House Agreement (December 2014), the Government and the British Government, recalling the commitments from previous Agreements, endorsed the need for respect for and recognition of the Irish language in Northern Ireland.
In the current talks’ process in Belfast on outstanding commitments from previous Agreements, I have stated clearly to the British Government and the political parties, the Government’s continued and clear support for a statutory basis for the Irish language in Northern Ireland, as envisaged under the St Andrews Agreement. In my discussions with the Secretary of State for Northern Ireland, I have also underlined the leadership role that both Governments must play in ensuring that all provisions of previous agreements are appropriately respected and that the focus remains on achieving full implementation.
On a Bill of Rights for Northern Ireland, which is envisaged under the Good Friday Agreement, the Government advanced the view during the 2014 Stormont House talks, that a Bill of Rights could set out precisely and formally the rights upon which a shared society for Northern Ireland could be based. While there was not sufficient consensus to take this forward at that time, the final Agreement did provide that the parties commit to: “serving the people of Northern Ireland equally, and to act in accordance with the obligations on government to promote equality and respect and to prevent discrimination; to promote a culture of tolerance, mutual respect and mutual understanding at every level of society, including initiatives to facilitate and encourage shared and integrated education and housing, social inclusion, and in particular community development and the advancement of women in public life; and to promote the interests of the whole community towards the goals of reconciliation and economic renewal.”
As reflected in the Programme for Partnership Government, the Government remains supportive of and continues to advocate for the advancement of a Bill of Rights for Northern Ireland. Indeed, the continued value of a Bill of Rights in the context of Brexit was one of the themes which emerged from the All Island Civic Dialogue sectoral on Human Rights under the Good Friday Agreement which I convened earlier this year.
A North South Consultative Forum is a further important outstanding element envisaged under the Good Friday Agreement. In 2008, the then Government sent proposals for such a Forum to the Northern Ireland Executive, but there has been no substantive response. Between 2009 and 2011, three consultative conferences were hosted in Dublin to support the establishment of the Forum. While the issue remains on the agenda of the North South Ministerial Council, the Northern Ireland Executive has not been able to give its assent to the establishment of the Forum.
The St. Andrews Agreement provided for a review to identify additional areas for North South cooperation. Again the Government supported a provision in the Stormont House Agreement on this commitment. The Taoiseach has raised the issue at successive Plenary meetings of the North South Ministerial Council. However, taking new areas of cooperation forward would require approval in the Northern Ireland Executive and Assembly and this has not as yet been forthcoming.
The Stormont House Agreement provides for regular review meetings with the participation of the Government, the British Government and the Executive party leaders. At the last two Review Meetings – most recently in December – I specifically raised the outstanding commitments from other agreements and suggested regular consideration of them at future Review meetings to ensure that they remain on the political agenda.
The Stormont House Agreement also importantly provides for a comprehensive framework to deal with the difficult legacy of the Troubles. In the discussions in the recent talks in Belfast, I have been very clear on the urgent need to achieve progress, so that these legacy institutions can be established and start working to meet the needs of victims and survivors and to support broader societal healing and reconciliation. I have also emphasised in discussions with the Secretary of State for Northern Ireland and the political parties, the need to ensure that legacy inquests are properly resourced, and urged all with responsibilities in relation to the legacy inquests to move forward as quickly as possible to implement the helpful proposals of the Lord Chief Justice.
Also as provided for in the Programme for a Partnership Government, the Government will continue to pursue the establishment of a public inquiry into the murder of Pat Finucane as agreed by the British and Irish Governments in the Weston Park Agreement of 2001. This is something which the Government continues to bilaterally raise with the British Government and highlight at the Council of Europe in Strasbourg.
The political talks in Belfast will resume after the UK general election on 8 June and I expect that all participants will spare no efforts in seeking an agreement to form an Executive and to resolve outstanding issues, including in relation to the legacy of the past. The Irish Government will continue, in cooperation with the British Government, to support and facilitate the parties in their efforts to reach agreement. It is critically important to see devolved Government restored and working effectively in the interests of the people of Northern Ireland.
The Government views as a solemn responsibility our role and mandate as co-guarantors of the Good Friday Agreement. The Government will continue to work with the British Government and the political parties to fulfil the full promise of the Good Friday and subsequent Agreements and to advance political stability, reconciliation and economic prosperity in Northern Ireland.
326. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he has written to or spoken to the Australian Prime Minister about the Australian Government's announcements on visa changes. [20407/17]
View answerWhile I have not written to or spoken to Australian Prime Minister Malcom Turnbull in relation to the proposed changes to Australia’s 457 visas, officials from my Department, both at headquarters and at Ireland’s Embassy in Canberra, are monitoring this closely and are in regular contact with their Australian counterparts on this matter.
327. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he has discussed the Charter of Fundamental Rights with other EU leaders, including the British Foreign Secretary, and its implications for the citizens of Northern Ireland following Brexit. [21841/17]
View answerThe Good Friday Agreement is the indispensable foundation for all Government engagement on Northern Ireland. As a co-guarantor of the Good Friday Agreement, the Government’s focus and responsibility is to ensure that all aspects of the Agreement are fully respected in the context of the UK’s withdrawal from the European Union.
Human rights protections form a vital part of the institutional underpinning for the peace settlement. There is a very specific framework of human rights protections under the Good Friday Agreement, and the protection of human rights in Northern Ireland - including through the incorporation of the European Convention on Human Rights (ECHR) - is one of the key principles of the Agreement.
In Northern Ireland, the human rights provisions of the Agreement support the confidence and willingness of all communities to participate in the agreed political institutions of the Agreement and ensure that every citizen is guaranteed equal status and equal protection under law.
The UK’s decision to leave the EU has no impact on its obligations under the Good Friday Agreement or the ECHR. Even after the UK leaves the EU, there remains a continuing obligation on the British Government to incorporate the European Convention on Human Rights into Northern Ireland law, as provided for in the Good Friday Agreement. In this regard, I welcome the clarification in the UK Government’s White Paper on withdrawal from the EU that it has no plans to leave the European Convention on Human Rights.
In its White Paper on legislating for withdrawal from the EU, the British Government has indicated that the provisions of the EU Charter of Fundamental Rights will not be applied as part of British law after it leaves the European Union, but that the removal of the Charter from UK law will not affect the substantive rights that individuals already benefit from in the UK.
A range of significant rights and equality protections are, in practice, given effect through EU regulations and directives, such as in the area of employment law and equality rights, as well as being enshrined in the EU Charter of Fundamental Rights. Consequently, the departure of the UK from the EU will have a significant impact on the human rights landscape in Northern Ireland.
The changes in Northern Ireland law flowing from the UK’s departure from the European Union will require careful consideration, including to ensure that the vital human rights provisions of the Good Friday Agreement are not disturbed.
On 13 February, I convened a Sectoral Dialogue on human rights under the Good Friday Agreement to hear the views of civil society, North and South on the possible implications of Brexit for this pivotal chapter of the Agreement. This was a very valuable exchange and a number of key themes emerged, including:
- The importance of upholding the Good Friday Agreement chapter on rights, safeguards and equality of opportunity, as an integral part of the Agreement as a whole.
- The value of a Bill of Rights for Northern Ireland as referred to in the Good Friday Agreement, in mitigating some of the potential impacts of Brexit for Northern Ireland.
- The value of a Charter of Rights for the island of Ireland as referred to in the Good Friday Agreement. This would also support the provision in the Agreement on equivalence of rights on the island.
Each of these themes demonstrate that human rights are central to the peace process and must be protected and sustained, regardless of the UK’s future relationship with the European Union.
On 14 February, I held a bilateral meeting in Dublin with the Secretary of State for Northern Ireland. I reminded the Secretary of State of the unique circumstances that pertain to Northern Ireland, given the political and constitutional settlement of the Good Friday Agreement. In this regard, I noted to the Secretary of State the range of issues raised in the Sectoral Dialogue on the human rights provisions of the Good Friday Agreement. I also emphasised to the Secretary of State the duty on both Governments to ensure the integrity of the Agreement in this and all other aspects, whatever the UK’s future relationship with the European Union.
In the crucial area of human rights it is important that both Governments do all they can to engender confidence by demonstrating their commitment to both the letter and spirit of the Agreement. As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles including in the area of human rights.
The Government will continue to work closely with the British Government and the Northern Ireland Executive to ensure that the protection of human rights remains at the heart of civic life, politics and ongoing societal change in Northern Ireland. This includes the continued incorporation of the European Convention on Human Rights in Northern Ireland law as provided for in the Good Friday Agreement.
The Government will also ensure that all aspects of the Good Friday Agreement are respected in the EU-UK negotiations, and continue to be proactive in working to mitigate all impacts of Brexit on the island of Ireland, consulting and working closely with civil society, North and South.
328. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he or the Taoiseach has spoken recently to the Prime Minister of Egypt about a person (details supplied). [23024/17]
View answerThis consular case continues to be a top priority for the Government and very substantial resources and time are being devoted to it. In light of its exceptional circumstances, this case has seen an exceptional level of high-level political engagement, investment in terms of person-hours, consultation with third parties worldwide, and consular visits and trial monitoring.
The Government has been doing everything possible to secure this citizen’s release. We have supported petitions for him to be returned to Ireland under Egyptian Law 140; we have appealed for him to be released under the Egyptian President’s ‘Youth Amnesty’ Scheme, and we have stressed in all contacts the humanitarian dimensions of the case as grounds under which we believe he should be released.
The Taoiseach has had a series of direct and personal contacts with President el-Sisi on this case. He has met him face-to-face on two separate occasions. He has spoken to him by phone numerous times. He has written to him several times.
In April, the Taoiseach once again made direct contact with President el-Sisi to renew the Government’s appeal to the Egyptian authorities to release this Irish citizen and return him to Ireland without delay.
In all of these contacts, the Taoiseach has underlined our concerns about the continuing detention of this young man, who has been in prison for three and a half years without having been convicted of any offence, and who is part of a group trial that has been adjourned on many occasions.
Regardless of our difficulties with the ongoing trial, the reality is the Irish government cannot directly interfere with a trial in another country. What we can do and what we are working very hard to do is to secure Ibrahim’s release by the Egyptian authorities at the earliest possible time so that he can return home to his family in Dublin, and to provide every possible consular support for Ibrahim’s welfare while he remains in detention. All of the sustained and focused actions that have been taken by the Government, the Department of Foreign Affairs and Trade and our Embassy in Cairo throughout this case have been aimed at furthering these two objectives, and importantly, avoiding any action that could be counterproductive or detrimental to this citizen’s best interests.
While there is precious little to be positive about in this long-running and difficult matter, I do note that the court case in which this man is accused is now, at last, underway in earnest and moving forward. I welcome the fact that the presiding judge has invoked new legal provisions to speed up the trial process. These are indications that an end to the trial may, finally, be in sight.
President el-Sisi has powers under the Egyptian constitution and laws which would allow him to order the deportation of our citizen to Ireland. However, he has repeatedly said that he cannot consider using these powers while the case remains before the courts. President el-Sisi has consistently made clear to the Government that he is anxious to resolve this issue as soon as he can, and that he will be able to intervene in the case once the trial has ended.
The Irish Government cannot intervene in a case that is before the courts in another jurisdiction. What we can do, and what we are doing, is working constantly to maintain maximum pressure on the Egyptian Government to ensure that they are in no doubt about our wish to see that this trial proceeds now to a conclusion and, once it is concluded, that our citizen is returned to Ireland without delay.
329. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade the status of discussions at political or official level regarding the Dublin and Monaghan bombings. [24363/17]
View answer331. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if he will ensure that the need for the British Government to release the papers and files pertaining to the Dublin and Monaghan bombings of 1974 is a priority issue in discussions that will be held at Government level following the British general election; and if he will make a statement on the matter. [25668/17]
View answerI propose to take Questions Nos. 329 and 331 together.
Dealing with long-outstanding issues relating to the legacy of the conflict in Northern Ireland are of the utmost importance to me as Minister for Foreign Affairs and Trade and for the Government. The Programme for a Partnership Government highlights this priority, with specific reference to implementation of the All-Party Dáil motions relating to the Dublin Monaghan bombings.
The 17 May marked the 43rd anniversary of the Dublin and Monaghan bombings, which saw the biggest loss of life in a single day during the Troubles.
I was glad to participate on behalf of the Government in the commemoration ceremony on that day, to stand - along with other Deputies - in solidarity with the victims of the appalling attacks in Dublin and Monaghan, 43 years ago. As I said in addressing the commemoration ceremony, the Government is determined to continue - and to complete - our efforts to seek the truth of those awful events of 17 May 1974.
The All-Party motion on the 1974 Dublin Monaghan bombings that was adopted by the Dáil on 25 May last year has, like those adopted in 2008 and 2011, been conveyed to the British Government. These motions call on the British Government to allow access by an independent, international judicial figure to all original documents relating to the Dublin and Monaghan bombings, as well as the Dublin bombings of 1972 and 1973, the bombing of Kay’s Tavern in Dundalk and the murder of Seamus Ludlow.
The Government is committed to actively pursuing the implementation of these all-Party Dáil motions, and has consistently raised the issue with the British Government. The Taoiseach has raised the issue with Prime Minister May, emphasising the Government’s continued support for the Dáil motions. I have also raised the matter on a number of occasions with the Secretary of State for Northern Ireland, James Brokenshire, and am actively engaging with the British Government on an ongoing basis, as are my officials.
In our discussions, I have advised Secretary of State Brokenshire that the Dáil motions represent the consensus political view in Ireland that an independent, international judicial review of all the relevant documents is required to establish the full facts of the Dublin Monaghan atrocities. I have also underlined to the Secretary of State that the absence of a response from the British Government is of deep concern to the Government and indeed this House, and emphasised the urgent need for a response from the British Government.
Secretary of State Brokenshire has acknowledged the importance that the Government and Dáil Éireann attach to this case, but indicated that the British Government is still considering how it could respond in a way which would adequately address the motions and be consistent with its obligations.
Further to these discussions, I wrote to the Secretary of State for Northern Ireland on 17 May this year, to formally reiterate the request on behalf of the Irish Government and Dáil Éireann and the expectation of a timely response to the all-Party Motions on the Dublin Monaghan bombings.
The Government will continue to pursue this matter with the British Government, urging them to provide a satisfactory response to the motions that have been adopted by this House. The Taoiseach and I will also continue our engagement with party leaders in the Oireachtas on the issue.
There are many families throughout these islands and beyond who continue to deal not only with the awful pain of losing a loved one, but also with the struggle for answers decades after these traumatic events. Accordingly, the establishment of a new comprehensive framework for dealing with the past, as envisaged in the Stormont House Agreement, is a priority for the Government.
There has been intensive engagement on legacy issues as part of the current talks’ process in Belfast that will resume after the UK general election on 8 June. In these discussions, I have been very clear on the urgent need to achieve progress, so that the institutions can be established and start working to meet the needs of victims and survivors and to support broader societal healing and reconciliation. I have also emphasised in discussions with the Secretary of State for Northern Ireland and the political parties, the need to ensure that legacy inquests are properly resourced, and urged all with responsibilities in relation to the legacy inquests to move forward as quickly as possible to implement the helpful proposals of the Lord Chief Justice.
The Government will continue its intensive engagement with the British Government and the political parties to move forward with the Stormont House legacy framework, and I hope that this can be achieved in the period immediately ahead.
330. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he will report on the North-South Ministerial Council. [24679/17]
View answerThe North-South Ministerial Council (NSMC) has played a key role in developing consultation, cooperation, and action on the island of Ireland on matters of mutual interest and within the competence of the Government and the Northern Ireland Executive. My Department works closely with the Department of the Taoiseach in regard to NSMC matters and the Taoiseach co-chairs the NSMC Plenary meetings with the Northern Ireland First Minister and deputy First Minister.
However, in the absence of a Northern Ireland Executive and specifically a First and deputy First Minister the North South Ministerial Council cannot meet.
As the formal means for bilateral discussions between the Irish Government and the Northern Ireland Executive, the NSMC has a crucial role to play in the Brexit discussions and the negotiations ahead. The most recent NSMC Plenary meetings on 4 July 2016 in Dublin Castle and on 18 November 2016 in Armagh saw the Government and the Executive agree on a number of important common principles for dealing with Brexit on an all-island basis, scoping out the sectoral implications of Brexit for Ireland, North and South, and agreeing to work together to optimise North-South planning in the phases preceding and following Brexit. It was agreed that this work would be taken forward through continuing bilateral discussions within the NSMC at sectoral level, as well as through a high-level working group comprising senior officials from the Government and from the Northern Ireland Executive Office.
At the Plenary meeting of the NSMC on 18 November 2016 in Armagh the Council considered an update by a group of Senior Officials from relevant Departments, North and South, on the progress being made on implementing the commitments set out in Section E of the Fresh Start Agreement, to provide support and funding for North-South infrastructure projects. The review is ongoing and a further report will be presented at a future Plenary meeting. The Senior Officials last met in February 2017 and will meet again in early June to consider progress on all of the Section E commitments.
The Council also received an update in relation to the North West Gateway Initiative. Ministers welcomed the establishment by Donegal County Council and Derry City and Strabane District Council of the North West Strategic Growth Partnership which will aim to work with central government North and South to ensure the North West region can reach its full potential.
The NSMC Plenary meeting was advised that Derry City and Strabane District Council and Donegal County Council had finalised the necessary arrangements for oversight and delivery of the North West Strategic Growth Plan and the associated €5m North West Development Fund which was established under the Fresh Start Agreement. I am pleased that the Irish Government has played a leading role in this regard – contributing €2.5 million to the Fund. The Inaugural meeting of the North West Strategic Partnership was subsequently held on 7 December 2016 and attended by senior officials from Departments, North and South.
The Government remains engaged with the political parties in Northern Ireland. I am hopeful that after talks resume following the UK General Election on 8 June a new Northern Ireland Executive can be put in place by 29 June and that North South Ministerial Council meetings will recommence at the earliest opportunity thereafter.
333. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the persecution being suffered by the Guarani-Kaiowá people in Mato Grosso do Sul in Brazil including their forced removal from their ancestral lands at the hands of agribusiness, the Brazilian Government and paramilitaries; if he will contact the Brazilian Government and convey the State's indignation at the crimes that are being inflicted on the Guarani-Kaiowá; if he will insist that the Brazilian Government and the UN intervene to protect the human rights and land rights of the Guarani-Kaiowá; if the State and the UN will send observers to the area; and if he will make a statement on the matter. [25646/17]
View answerI am aware of the situation of the Guarani-Kaiowá people in Mato Grosso Do Sul and the challenges faced by indigenous populations in other parts of Latin America. I condemn unreservedly any intimidation, violence, or discrimination perpetrated against indigenous people and those seeking to defend their rights, whether in Brazil or elsewhere.
As the Deputy will be aware, the UN Special Rapporteur on the rights of indigenous peoples visited the Guarani-Kaiowá people in Mato Grosso Do Sul in March of last year to identify and assess the main issues facing indigenous peoples there. The Special Rapporteur’s report of August 2016 recognised that Brazil has in the past been a leader in the area of indigenous peoples’ rights and has made significant achievements in this area, including in constitutional provisions protecting the rights of its indigenous people. However, the report also noted a worrying regression in the protection of indigenous peoples’ rights in recent years.
Consequently, Ireland used the occasion of the 27th Session of the Universal Periodic Review of the Human Rights Council in Geneva on 5 May 2017 to express our concern at the reported regression in the protection of indigenous peoples’ rights in Brazil. Ireland recommended that Brazil take further steps to protect human rights defenders, including those working in relation to the rights of indigenous peoples, by ensuring impartial, thorough and effective investigations into all cases of attacks, harassment and intimidation and the prosecution of all alleged perpetrators of such offences.
In addition to these representations at multilateral level, officials of my Department at home and abroad engage regularly with human rights activists and civil society leaders in Latin America, including those working on the rights of indigenous communities.
Furthermore, the issue of the rights of indigenous peoples is the subject of ongoing attention by European Union Ambassadors in Brazil. Ireland and other EU Member States strongly support the mandate of FUNAI, the government agency responsible for enforcing the rights of indigenous peoples. Together with our EU partners, we have urged the Government of Brazil to ensure that FUNAI is adequately resourced to carry out its important work.
I can assure the Deputy that Ireland’s representatives in Brazil and in multilateral fora such as the United Nations will continue to actively engage with these important issues.
334. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade his views on whether it is appropriate that the State should trade with Israel, particularly in the area of armaments, in view of the ongoing denial of basic human rights to the Palestinian population, the continued expansion of illegal settlements into Palestinian terriroty and the current freedom and dignity hunger strike of 1,500 Palestinian prisoners; and if he will make a statement on the matter. [25649/17]
View answerPurchase of equipment for the Permanent Defence Forces is a matter for the Minister for Defence. I am not aware of any sales of armaments by Ireland to Israel.
In relation to general trade with Israel, I refer the Deputy to my reply to Question No. 94 today on this topic.
335. Deputy Richard Boyd Barrett asked the Minister for Foreign Affairs and Trade if he will report on his efforts to have a person (details supplied) released from prison in Cairo; and if he will make a statement on the matter. [25650/17]
View answerThis consular case continues to be a top priority for the Government and very substantial resources and time are being devoted to it.
The Government has been doing everything possible to secure this citizen’s release. We have supported petitions for him to be returned to Ireland under Egyptian Law 140; we have appealed for him to be released under the Egyptian President’s ‘Youth Amnesty’ Scheme, and we have stressed in all contacts the humanitarian dimensions of the case as grounds under which we believe he should be released.
The Taoiseach has raised this case directly and personally with Egyptian President el-Sisi on numerous occasions. In April, the Taoiseach once again made direct contact with President el-Sisi to renew the Government’s appeal to the Egyptian authorities to release this Irish citizen and return him to Ireland without delay.
For my part, I have also been working continuously on this young man’s behalf, meeting regularly with my Egyptian counterpart, Foreign Minister Sameh Shoukry, including during visits to Cairo, to make sure that the Egyptian authorities are in no doubt about our position. I once again underlined our demand for our citizen’s release when I met with Minister Shoukry face-to-face again in Brussels in March. I have also led and been proactive on efforts to build and maintain international support for our efforts on this case, including through my regular contacts with EU colleagues including High Representative Mogherini and my fellow EU Foreign Ministers.
The court case in which this man is accused is now moving forward and the presiding judge has invoked new legal provisions to speed up the trial process. These are indications that an end to the trial may, finally, be in sight.
President el-Sisi has powers under the Egyptian constitution and laws which would allow him to order the deportation of our citizen to Ireland. However, he has repeatedly said that he cannot consider using these powers while the case remains before the courts. President el-Sisi has consistently made clear to the Government that he is anxious to resolve this issue as soon as he can, and that he will be able to intervene in the case once the trial has ended.
The Irish Government cannot intervene in a case that is before the courts in another jurisdiction. What we can do, and what we are doing, is working constantly to maintain maximum pressure on the Egyptian Government to ensure that they are in no doubt about our wish to see that this trial proceeds now to a conclusion and, once it is concluded, that our citizen is returned to Ireland without delay.
