Written Answers Nos. 296 - 305
296. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government his plans to review water extraction regulations; the previous times such regulations on extracting water from rivers were reviewed; and if he will make a statement on the matter. [30712/17]
View answerAn assessment of the impact of abstraction pressures on river, lakes and groundwater bodies was undertaken for the purpose of the current draft River Basin Management Plan for Ireland 2018-2021, which was published in February 2017. The draft Plan is currently undergoing six months public consultation. Formal consultation on the draft Plan will close on the 31 August 2017 and the plan will be finalised towards the end of this year. A copy of the draft Plan can be found at the following link: http://www.housing.gov.ie/water/water-quality/river-basin-management-plans/public-consultation-draft-river-basin-management. The assessment carried out for the purposes of the draft Plan shows that the level of risk due to abstraction pressures in Ireland is low.
Notwithstanding this, Ireland is obliged to comply with the provisions of the Water Framework Directive in relation to the abstraction of water. This requires as a minimum that we maintain a register of water abstractions and have in place a requirement for prior authorisation for all significant water abstractions. Existing Irish law in relation to abstractions goes back to 1942 and is not sufficiently comprehensive to address modern day needs. My Department is currently reviewing these needs and, as set out in the draft River Basin Management Plan, I will be bringing forward proposals to establish a comprehensive and maintained register of water abstractions greater than 25 cubic meters per day and also examining options for developing a proportionate and risk-based framework for the licensing of larger scale abstractions to ensure continued sustainable use of our water resources.
297. Deputy Niall Collins asked the Minister for Housing, Planning, Community and Local Government if he is satisfied that anti-bullying policies are in place in his Department and each State body and agency under his aegis; if such polices are being implemented effectively; the amount paid in compensation for bullying claims in each of the past five years in his Department and each State body and agency under his aegis in tabular form; the action which has been taken to ensure such cases do not arise in future; and if he will make a statement on the matter. [30750/17]
View answerMy Department is implementing Dignity at Work, the Civil Service anti-bullying, harassment and sexual harassment policy, in the manner required.
There has been no compensation paid for bullying claims in my Department in the past five years.
The details requested in relation to bodies under the aegis of my Department are a matter for the individual bodies concerned. Arrangements have been put in place by each Agency to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for each agency is in the table:
|
Agency |
Contact Details |
|
An Bord Pleanála |
Oireachtasqueries@pleanala.ie |
|
Ervia, Gas Networks Ireland |
oireachtas@ervia.ie |
|
Housing Sustainable Communities Agency |
publicreps@housingagency.ie |
|
Housing Finance Agency |
oireachtas.enquiries@hfa.ie |
|
Irish Water |
oireachtasmembers@water.ie |
|
Irish Water Safety |
oireachtas@iws.ie |
|
Local Government Management Agency |
corporate@lgma.ie |
|
Residential Tenancies Board |
OireachtasMembersQueries@rtb.ie |
|
Pobal |
oireachtasqueries@pobal.ie |
298. Deputy Charlie McConalogue asked the Minister for Housing, Planning, Community and Local Government the progress with regard to the core principles for the confidence and supply arrangement regarding the strengthening of the social inclusion and community activation programme and in developing the new community development schemes for rural areas. [30769/17]
View answerThe Social Inclusion and Community Activation Programme (SICAP) is the largest social inclusion programme in the State and is a key priority for Government. The current SICAP programme will come to an end on 31 December 2017, and the successor programme (SICAP 2) is due to roll out in January 2018.
My Department has undertaken a number of measures which will assist in strengthening the next iteration of the Programme. In early 2017, a targeted consultation process was initiated involving national and regional sessions, surveys and a number of focus groups in which feedback was sought from the key stakeholders involved in SICAP. The consultation process offered a platform to consider how the programme could be refined in order to strengthen it from 2018, and many of the issues raised during this process will be addressed in the new Programme. Funding for the Programme will be finalised in the context of the annual Estimates process.
The Programme for Partnership Government also gave a commitment to develop a new Community Development Scheme. In that regard, a Communities Facilities Scheme, which is targeted at disadvantaged urban and rural areas, but not exclusively so, was launched on 10 March 2017. An allocation of €2 million has been made available for the Scheme in Budget 2017. The funding will relate to capital projects only and is intended to help grass roots community projects get underway or take the next step towards completion. The Scheme will fund projects that seek to enhance communities, address disadvantage and improve social cohesion at a local level. Arrangements are currently being made in my Department to issue these funds to the Local Authorities, who will administer this Scheme on behalf of the Local Community Development Committees (LCDCs), in each area.
The Community Facilities Scheme will operate in a complementary manner with other schemes or programmes being operated in communities, including in particular, the SICAP, RAPID and CLÁR Programmes, adding value to those and other front-line schemes. It will also seek to address some of the difficulties local community groups face in terms of accessing very often small scale levels of funding to match their own fundraising efforts, in order to get community projects off the ground.
299. Deputy Brendan Smith asked the Taoiseach and Minister for Defence his plans to continue prescribing Lariam to members of the Defence Forces; if consideration is being given to the withdrawal of this medication from the range of anti-malarial medications made available to the Defence Forces; and if he will make a statement on the matter. [30521/17]
View answerMalaria is a serious disease and is a threat to any military force operating in areas where the disease is prevalent. There are three anti-malarial drugs in use by the Irish Defence Forces, namely Lariam (mefloquine), Malarone and Doxycycline. The choice of medication for overseas deployment, including the use of Lariam, is a medical decision made by Medical Officers in the Defence Forces, having regard to the specific circumstances of the mission and the individual member of the Irish Defence Forces.
Significant precautions are taken by Irish Defence Forces Medical Officers in assessing the medical suitability of members of our Defence Forces to take any of the anti-malarial medications. It is the policy of the Irish Defence Forces that personnel are individually screened for fitness for service overseas and medical suitability.
The health and welfare of the Defence Forces are a priority for me. Anti-malarial medications, including Lariam, remain in the formulary of medications prescribed by the Medical Corps for Defence Forces personnel on appropriate overseas missions, to ensure that our military personnel can have effective protection from the very serious risks posed by Malaria.
300. Deputy Bernard J. Durkan asked the Taoiseach and Minister for Defence the basis on which a pension was awarded, reduced, restored on appeal to the court and subsequently reduced again in the case of a person (details supplied); and if he will make a statement on the matter. [30549/17]
View answerThe Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force (PDF) in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations. Section 13(2) of the Army Pensions Act, 1923, as amended, provides that “Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate or reduce the amount thereof.” The underlying objective of section 13(2) is to take into consideration compensation paid ‘on the double’ for the same disablement. Compensation of the kind in question would usually result from a civil action for damages against the Minister for Defence, but compensation received from any other source is not excluded.
In April 1986 the person in question was awarded a disability pension under the Army Pensions Acts in respect of an injury that he sustained while serving in the PDF. The person in question also instituted civil proceedings in respect of the same injury and was awarded compensation by the High Court. The disability pension payable was therefore reviewed under the provisions of section 13(2) of the 1923 Act and it was decided to reduce it by the annuity value of the total compensation which he had received.
Subsequently, the person in question applied to the High Court for a judicial review of the decision to reduce the disability pension. The High Court quashed the decision to reduce the disability pension and ordered that the matter be considered anew. A fresh review of the disability pension was accordingly undertaken. All aspects of the case (including, in particular, representations made by his solicitors) were fully considered and in March 1988 it was decided to reduce the disability pension payable by the annuity value of the total compensation received by him.
I am satisfied that the disability pension in this case has been properly determined in accordance with the relevant statutory provisions and I do not believe that a further review would be appropriate.
301. Deputy Clare Daly asked the Taoiseach and Minister for Defence further to parliamentary Question No. 262 of 30 March 2017 and the clarification to same of 13 June 2017 (details supplied), the year in which the Defence Forces were first of the view that the specific reactions of abnormal dreams, nightmares or insomnia, if declared by a member of the Defence Forces to be present, would necessitate withdrawal of mefloquine. [30568/17]
View answerIn 2013, the manufacturers of Lariam (mefloquine) issued a “Direct Healthcare Professional Communication on Lariam for malaria chemoprophylaxis and the risk of neuropsychiatric adverse reactions” and “Guide for Healthcare Professionals” to healthcare professionals. The relevant wording in the Guide for Health Professionals issued by Roche is as follows: "Psychiatric symptoms such as nightmares, acute anxiety, depression, restlessness or confusion have to be regarded as prodromal for a more serious event" and "Patients on malaria chemoprophylaxis with mefloquine should be informed that if these reactions or changes to their mental state occur during mefloquine use, to stop taking mefloquine and seek medical advice immediately so that mefloquine can be replaced by alternative malaria prevention medication."
The Defence Forces policy on the use of Lariam for malaria chemoprophylaxis is in line with these updated guidelines since their introduction.
302. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence the assurances being given to a group (details supplied) that pay and conditions in the Defence Forces will improve in the near future; and if he will make a statement on the matter. [30584/17]
View answerI have recently met with representatives of the Group and during the meeting it was recognised that the issue of pay and conditions and other matters of concern to the Group were being progressed by me and the Department of Defence in consultation with the Representative Associations for members of the Permanent Defence Forces.
Rates of remuneration and conditions of employment in each part of the Irish public sector have traditionally been set by reference to levels of pay available in related public sector employments.
The Financial Emergency Measures in the Public Interest Acts of 2009-2013 and the Public Service Stability Agreement 2013-2018 (the Lansdowne Road Agreement) define current pay policy for Public Servants and members of the Permanent Defence Force (PDF). The measures contained in the Lansdowne Road Agreement (LRA), which PDFORRA have recently signed up to, and the provisions introduced in Budget 2016 and 2017, will be of benefit generally to members of the PDF. These benefits come in the form of increases in gross pay in 2016 for those earning up to €31,000 and in 2017 for all those earning up to €65,000.
In relation to the Pensions Related Deduction (PRD), which is commonly referred to as the ‘Pension Levy’, the exemption threshold for payment of the ‘Levy’ will increase substantially during the course of the agreement from €15,000 to €28,750 which means that annual income subject to the levy below €28,750 will no longer be liable to the deduction.
In terms of remuneration going forward, following the publication of the Public Service Pay Commissions report on 9 May 2017, the Government initiated negotiations on an extension to the LRA with the relevant parties, including the Defence Force Representative Associations, ahead of Budget 2018 considerations. The proposals arising from these negotiations are currently being considered by the representative associations.
303. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence if the overgrown state of the Curragh plains with thistles and nettles is to be dealt with in the near future; and if he will make a statement on the matter. [30585/17]
View answerWork will commence shortly to cut back weeds such as nettles and thistles on the Curragh plains.
Such weeds are cut back once a year during the summer months, usually from mid-July onwards. It can take up to six or seven weeks to complete this work. The work is mainly carried out by machine but smaller less accessible areas must be cut by hand.
All of the above work is carried out in accordance with the Noxious Weeds Act 1936 which provides for the control of the spread of noxious weeds.
304. Deputy Aengus Ó Snodaigh asked the Taoiseach and Minister for Defence the number of Air Corps personnel suffering from occupational asthma; the number of personnel discharged or refused further sign on due to occupational asthma in the past five years; and if he will make a statement on the matter. [30640/17]
View answerI am advised by the military authorities that it would be necessary to examine the medical file of each individual Air Corps personnel to determine if any persons have any particular medical condition. The Deputy will appreciate that it is not practical to do this.
In relation to discharges from the Air Corps on foot of medical boards, I am advised that in the period mid-2012 to mid-2017 none related to asthma.
At contract renewal stage personnel must fulfil certain criteria. These criteria relate to service, conduct, training and also minimum standards of medical and physical fitness. Personnel who do not meet these standards are ineligible for contract renewal.
In relation to renewal of contracts, I am advised that it would also be necessary to examine the individual medical files of each individual who left the Air Corps to determine if any person was refused a contract renewal as a result of incompatible medical fitness. Within existing resources this is not feasible.
305. Deputy Niall Collins asked the Taoiseach and Minister for Defence if he is satisfied that anti-bullying policies are in place in his Department and each State body and agency under his aegis; if such polices are being implemented effectively; the amount paid in compensation for bullying claims in each of the past five years in his Department and each State body and agency under his aegis in tabular form; the action which has been taken to ensure such cases do not arise in future; and if he will make a statement on the matter. [30748/17]
View answerMy Department fully subscribes to all civil service policies in the area of Human Resource Management, including the Dignity at Work Policy. One of the main principles of the Dignity at Work Policy, which was launched in 2015, is that every member of staff has a right to work in an environment free of any form of bullying, harassment, or sexual harassment. Following its Launch in 2015 the Policy was circulated to and publicised for all staff members in my Department and is now included in the induction pack for all new personnel.
In relation to Civilian Employees in my Department the document “A Positive Working Environment” sets out the policy on harassment, sexual harassment and bullying for State industrial employees. The policy, agreed at National Joint Industrial Council for State Industrial Employees (JIC), is designed to ensure compliance with the codes of practice issued under various pieces of legislation. The policy applies to all State industrial employees including employees on contract. Experience has shown that it has been effective in dealing with issues in the workplace, particularly in resolving issues at local level in accordance with the agreed procedures under the policy.
It is considered that these arrangements are sufficiently robust to deal with allegations of bullying and harassment in the civilian workplace. All civilian staff, as well as Employing Officers, are fully aware of their responsibilities in this area. On appointment all civilian employees are provided with a Civilian Employee Information Handbook. This Handbook deals with, among other things, Sexual Harassment, Bullying in the Workplace, Grievance Procedures and Dispute Resolution Procedures. Under each of these headings, the Department’s policy and the procedures to be followed, should an employee wish to have a particular issue or incident dealt with or investigated, are set out. All Employing Officers are copied with the Handbook which is updated when required.
A Positive Working Environment - the anti harassment, sexual harassment and bullying policy, is available to all Civilian Staff. An update of this document, the Dignity at Work Policy is currently with the various Trade Unions (circulated at the Joint Industrial Council for State Industrial Employees) for their observations.
A confidential Counselling support service is also available for all civilian employees.
A formal grievance procedure is also in place. This code covers all State industrial employees who come under the remit of the JIC, which operates under the aegis of the Workplace Relations Commission. This document is also readily available to all employees and sets out the procedures and options available should an employee wish to pursue a complaint or grievance.
The only State body currently under the aegis of the Department of Defence is the Army Pensions Board. The Army Pensions Board is staffed by a civil servant from the Department of Defence.
In the past five years one case of alleged bullying and harassment has resulted in compensation being paid out to a civilian employee by the Department. The case was settled in 2015 and the terms of the settlement, including the amount of compensation, decreed that it was confidential to the parties involved.
As regards the procedures in place within the Defence Forces to deal with bullying I would like to reiterate that it is Defence Forces policy that all personnel have a right to be treated with respect, equality and dignity and to carry out their duties free from any form of bullying, harassment or sexual harassment. While military life entails robust and effective military training, such training must, however, take place in a professional service environment that fully respects individual human dignity. Bullying and harassment of any kind are wrong and are not tolerated within the Defence Forces. They are entirely unacceptable in themselves and wholly incompatible with a successful and modern organisation.
All known incidents of such behaviour are properly investigated bearing in mind the need for due process which requires fairness to all parties to the complaint. Through the induction process and general notifications, the non-tolerance of unacceptable behaviour is stressed to all members of the Defence Forces. The formal and informal procedures in force are there to encourage any individual who wishes to make a complaint.
Procedures for dealing with complaints of Bullying, Harassment and Sexual Harassment are set out in Defence Forces Regulations. Complaints of unacceptable behaviour can be dealt with at different levels, either in an informal approach or formal manner. The overall aim is to ensure that the complaint is dealt with, in the first instance, at the lowest level possible. Informal complaints can be resolved directly by the complainant with the assistance of a third party if required. Such third party can include any member of the Defence Forces who has the trust and confidence of the complainant. Specially trained Designated Contact Persons (DCPs) are also available to assist complainants.
The formal procedure requires that a complaint is made in writing. These are dealt with by the military chain of command either through the legal/disciplinary process or by administrative action.
