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Wednesday, 20 Sep 2017

Written Answers Nos. 270-293

Cóiríocht Scoile

Questions (270)

Éamon Ó Cuív

Question:

270. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Oideachais agus Scileanna cén uair a cheadófar maoiniú chun athchóiriú a dhéanamh ar scoile (sonraí tugtha) agus chun síneadh a chur léi, chomh maith le cóiríocht shealadach a chur ar fáil fad is a bheidh an obair ar bun; agus an ndéanfaidh sé ráiteas ina thaobh. [39846/17]

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Written answers

Cheadaigh mo Roinn deontas cineachta suntasach i Meán Fómhair 2014 don scoil i dtrácht le haghaidh leathnú buan agus oibreacha athchumraíochta trína ndéanfaí gach cóiríocht réamhdhéanta a bhaint de láithreán na scoile.

Fuair mo Roinn soiléiriú i dtaca le moladh le haghaidh réimse níos leithne d’oibreacha ina bhfuil impleachtaí costais suntasacha i gceist. Tá an t-ábhar á mheas faoi láthair agus beidh mo Roinn i dteagmháil leis an scoil arís maidir leis an ábhar chomh luath agus is féidir.

Schools Building Projects Status

Questions (271, 272, 273)

Martin Heydon

Question:

271. Deputy Martin Heydon asked the Minister for Education and Skills the progress on the extension planned for a secondary school (details supplied) in County Kildare which is included in his Department's building plan; and if he will make a statement on the matter. [39861/17]

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Martin Heydon

Question:

272. Deputy Martin Heydon asked the Minister for Education and Skills the progress on the extension planned for a college (details supplied) in County Kildare which is included in his Department's building plan; and if he will make a statement on the matter. [39862/17]

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Martin Heydon

Question:

273. Deputy Martin Heydon asked the Minister for Education and Skills the progress on the extension planned for a college (details supplied) in County Kildare which is included in his Department's building plan; and if he will make a statement on the matter. [39863/17]

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Written answers

I propose to take Questions Nos. 271 to 273, inclusive, together.

As the Deputy is aware, building projects for the schools referred to are included in my Department's 6 Year Construction Programme.

My Department has undertaken site visits to the schools relating to the preparatory work required to advance the projects. My Department will continue to liaise with the schools in the context of progressing the projects through the architectural planning process.

Student Grant Scheme Eligibility

Questions (274)

Seán Fleming

Question:

274. Deputy Sean Fleming asked the Minister for Education and Skills the level of supports available through SUSI or other such sources for persons who were on jobseeker's payment but are commencing a level 9 masters conversion course which is a higher diploma in social policy and practice and is not a masters programme; and if he will make a statement on the matter. [39876/17]

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Written answers

The principal support provided by my Department, is the student grant scheme. The scheme makes available means-tested financial assistance to qualifying full-time students in further and higher education.

Additional funding of €4 million was secured in Budget 2017 to facilitate the reinstatement of full maintenance grants, from September 2017, for the most disadvantaged postgraduate students.

Postgraduate students who meet the qualifying conditions for the special rate of grant under the Student Grant Scheme are eligible for a maintenance grant of up to €5,915; the income threshold for this grant is €23,000. Qualifying postgraduate students may also be eligible to have their tuition fees paid up to a maximum fee limit of €6,270.

Alternatively a postgraduate student may qualify to have a €2,000 contribution made towards the cost of his/her fees. The income threshold for this payment is €31,500 for the 2017/2018 academic year.

My Department also provides funding for the Student Assistance Fund (SAF). The fund is available in various publicly funded higher education institutions. The SAF provides financial assistance to students experiencing financial difficulties while attending third level. Students can be assisted towards their rent, childcare costs, transport costs and books/class materials. The SAF is open to full-time registered students on courses of not less than one year's duration leading to an undergraduate or postgraduate qualification.

Tax relief at the standard rate of tax may be claimed in respect of tuition fees paid for approved courses at approved colleges of higher education. Further information on this tax relief is available from the Revenue Commissioners at www.revenue.ie.

Schools Building Projects Status

Questions (275)

Brendan Smith

Question:

275. Deputy Brendan Smith asked the Minister for Education and Skills the position regarding a proposed building project at a school (details supplied); when this project will proceed to construction stage in view of the need to provide upgraded facilities; and if he will make a statement on the matter. [39897/17]

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Written answers

The Deputy will be aware that a building project for the school to which he refers in the details supplied was included in my Department's 6 Year Capital Programme.

I wish to advise the Deputy that legal matters associated with the site transfer are currently being progressed. When finalised, my Department will liaise directly with the school authority regarding the building project.

Student Grant Scheme Eligibility

Questions (276)

Seán Fleming

Question:

276. Deputy Sean Fleming asked the Minister for Education and Skills if a student is entitled to the maintenance component of the student grant in respect of a level 8 course on the national framework of qualifications while in receipt of the back to education allowance; and if he will make a statement on the matter. [39898/17]

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Written answers

Students in receipt of the Back to Education Allowance (BTEA) are not eligible for maintenance support under the student grant scheme, as this would result in a duplication of income support payments. However, students in receipt of BTEA, may be considered for SUSI fee supports up to a maximum of €6,270.

Brexit Issues

Questions (277, 279)

Stephen Donnelly

Question:

277. Deputy Stephen S. Donnelly asked the Minister for Foreign Affairs and Trade the planned meetings with his European colleagues and officials to address Brexit related issues. [39077/17]

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Micheál Martin

Question:

279. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he has spoken to his EU counterparts regarding Brexit recently. [39096/17]

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Written answers

I propose to take Questions Nos. 277 and 279 together.

Since I took up office in June, engagement on Brexit with EU partners has been a central element of my work. This approach, building on the work done by my predecessor, has yielded clear results in ensuring that Ireland’s unique issues and concerns have been fully understood by our EU27 partners and have been reflected in the EU’s negotiating position. As the negotiations enter an important phase over the coming weeks and months, continuing such engagement with EU partners, both at political and official level, will remain a key priority.

On Monday 4 September, I met with Michel Barnier, the EU’s Chief Negotiator on Brexit, and his team. This was our second meeting since my appointment. It was a constructive meeting in which we discussed the evolution of the negotiations. I welcomed the progress that has been made in the areas of citizens’ rights and a range of technical separation issues. However, it is clear that there are still many issues outstanding, not least on the issue of the financial settlement, and much work is still required ahead of any decision by the European Council on whether sufficient progress has been made.

We also discussed the Irish specific issues, which are one of the three priority issues for phase one of the negotiations. While some progress is being made on these issues, most notably with regard to the Common Travel Area, much work is still required on protecting the Good Friday Agreement in all its parts and the gains of the peace process, including sustaining North South cooperation and avoiding a hard border on the island of Ireland. The Government supports the Task Force’s Guiding Principles on Ireland and Northern Ireland which reflects our priorities and sets out important principles that should form the basis of future solutions on the Irish specific issues as part of the EU-UK Withdrawal Agreement.

During my visit to Brussels earlier this month I also met with MEPs from across the political spectrum within the European Parliament, including with Guy Verhofstadt, the Parliament's Coordinator on Brexit, and with Irish MEPs. This provided a valuable opportunity to engage with them at the beginning of a new parliamentary term and to update them on Ireland’s perspective on the negotiations. I am glad that Guy Verhofstadt will be visiting Ireland later this week, as it is a further indication of the priority afforded by the European Parliament to Ireland’s unique concerns within the context of Brexit.

Since my appointment, I have also held bilateral meetings with a number of my EU colleagues, including my Estonian, Luxembourg, French, Slovak, Belgian and Spanish counterparts. I also welcomed the Finnish Foreign Minister to Ireland in July. Earlier this month I had short meetings with my counterparts from Hungary, Latvia, Lithuania, Luxembourg and Slovenia, as well as the Cypriot Minister for Defence, at the Gymnich/Informal Meeting of the Foreign Affairs Council.

My officials also continue to meet their counterparts in other Member States, and of course the Permanent Representation in Brussels is also key to this work.

In my meetings with EU partners to date, I have laid particular emphasis on Ireland’s objective of protecting the gains of the peace process and avoiding a hard border on the island of Ireland. I have strongly emphasised the need for an imaginative and flexible political solution. In so doing, I have been equally clear that we will only pursue solutions that are compatible with our aim of protecting the integrity of the Single Market and Ireland’s place in it. I will continue to deliver this message in my engagements in the coming weeks.

Good Friday Agreement

Questions (278)

Micheál Martin

Question:

278. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he or his Department are making plans to commemorate the 20th anniversary of the Good Friday Agreement. [39094/17]

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Written answers

Planning is underway in my Department to mark the 20th anniversary of the signing of the Good Friday Agreement, on 10th April next year. A number of events, at home and abroad, are being considered as part of a programme to highlight this important anniversary and to celebrate the achievement of the Agreement, which continues to be the cornerstone of our commitment to peace and reconciliation. These events will also be an opportunity to reflect on the peace process, past and present; to remember the loss of life during the years of conflict; and to look back at all that has happened on the journey of peace and reconciliation on the island of Ireland. This journey is of course an ongoing one, and the continued imperative to work to realise the full potential of the Good Friday Agreement will form part of the Government’s approach to the 20th anniversary.

Question No. 279 answered with Question No. 277.

Brexit Issues

Questions (280)

Micheál Martin

Question:

280. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade the way in which his Department's officials are co-ordinating the latest round of Brexit meetings at EU level, particularly in relation to the preparation of a possible border after March 2019. [39102/17]

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Written answers

The European Commission Taskforce, led by Chief Negotiator, Michel Barnier, represents the EU27 in the Article 50 negotiations with the UK. The Taskforce is acting on the basis of the mandate approved by the EU27 Member States at the General Affairs Council (Art. 50) on 22 May and in accordance with the EU’s overall approach to the negotiations as agreed in the European Council Guidelines of 29 April. The negotiations, which formally commenced on 19 June, are taking place on the basis of four-week negotiating cycles. Three rounds have taken place to date, with the fourth round set to commence on 25 September. In accordance with the European Council Guidelines and the Terms of Reference agreed between the EU and the UK, the negotiations are focusing on withdrawal issues during phase 1 (citizens' rights, financial settlement, Irish specific issues and “separation” issues which are of a more technical character) with the commencement of phase 2 (parallel discussions on future relationship issues) contingent on sufficient progress having being made on phase 1 issues.

Three Negotiating Groups have been established at technical level to advance negotiations on citizens’ rights, the financial settlement and the other “separation” issues. In recognition of their complexity and sensitivity, it was agreed that resolving the Irish set of issues should be taken forward by the most senior officials within the negotiating teams by way of a High Level Dialogue.

The EU27 Member States are monitoring progress and giving guidance to the Taskforce through a dedicated Article 50 Working Party, which in turn reports to Coreper (Art. 50), on which Ireland’s Permanent Representative to the European Union sits. This is ensuring that the negotiations are carried out under the overall strategic and political guidance of the EU27 Member States through the European Council (Art. 50) and the General Affairs Council (Art. 50), supported by a very high level of scrutiny at senior official and Ambassadorial levels.

My Department has the lead responsibility for coordinating a whole-of-Government approach to the negotiations and we are working actively with all Government Departments to this end, in particular in relation to the Irish-specific issues in the current phase of negotiations that require a cross-departmental approach such as the Common Travel Area and protecting the Good Friday Agreement and the gains of the peace process, including the avoidance of a hard border.

Both I and my officials are also working very closely with Mr Barnier and his team to ensure that Ireland’s positions are understood and reflected in the Taskforce’s approach to each round of the negotiations and of course the Permanent Representation in Brussels is also central to this work. Our intensive engagement with our counterparts from other Member States is also continuing at both political and official level.

On the Irish specific issues, I am satisfied with the direction the High Level Dialogue between the UK and EU teams is taking. Good progress has been made on the Common Travel Area and there is a common objective to protect the Good Friday Agreement and the gains of the peace process. However, while some progress is being made on the protection of the Good Friday Agreement and the gains of the peace process, including the avoidance of a hard border, a lot more work is required on ensuring that the full implications of the UK’s decision to leave the EU is understood, including on North South cooperation.

In the last round of negotiations which concluded on 31 August, the UK presented its paper on Ireland and Northern Ireland. While the publication of this paper was welcome, the UK’s aspirations and statements of principle need to be backed by substantive commitments and clear links to workable solutions.

The Government welcomes and supports the Taskforce’s paper on the “Guiding Principles for the dialogue on Ireland/Northern Ireland” of 7 September. The paper builds on the European Council Guidelines agreed earlier this year and reflects the priority Irish issues identified by the Government: protecting the Good Friday Agreement in all its parts, and the peace process, including avoiding a hard border, and maintaining the Common Travel Area and sets out the principles on which solutions will have to be based. The EU will now seek to agree these principles with the UK as the basis for the future discussions on detailed solutions. I and my officials will continue to work closely with Mr Barnier and his team to advance Ireland’s concerns in these negotiations.

Passport Services

Questions (281)

Ruth Coppinger

Question:

281. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade his views on including the names of parents on a child's passport on the observations page or elsewhere (details supplied); and if he will make a statement on the matter. [39208/17]

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Written answers

A passport is an internationally recognised travel document which attests to the identity and nationality of the bearer. The Passport Service does not have any plans to expand the purpose of a passport to indicate a parental relationship between a child and his/her parent(s). Parents are encouraged to complete the emergency contact details page at the back of their child’s passport which may assist in this matter.

Passport Services

Questions (282)

Seán Crowe

Question:

282. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if it is possible for an Irish passport holder to have their gender changed on the foreign births register once they have a gender recognition certificate; if this then entitles them to get a passport in their correct gender; if Irish embassies and consulates abroad have processes in place to help passport holders do this if necessary; and if his attention has been drawn to the fact that some passport holders are having difficulty getting their foreign births registration entry updated in this regard. [39232/17]

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Written answers

I am aware of the issues currently facing passport holders seeking to have their gender changed on their Foreign Birth Registration Certificate. The Gender Recognition Act 2015 amended section 27 of the Irish Nationality and Citizenship Act 1956 to permit the setting up of a register for the purpose of the registration of gender recognition of foreign births.

The establishment of this register is awaiting finalisation of a Statutory Instrument. Consequently, it is not yet possible for a person with an existing Foreign Birth Registration Certificate to obtain a new Foreign Birth Registration Certificate in their new gender. The Department of Foreign Affairs and Trade is making preparations for the register to go live once the Statutory Instrument is in place, which we expect in the coming months. A gender recognition certificate will be required in order to obtain a new Foreign Birth Registration Certificate reflecting a change in gender. However, this does not prevent a person from obtaining a passport in their new gender subject to the requirements of the Passports Act 2008 as amended (the Act). The Act makes provision for the policies and procedures which the Passport Service adopts in relation to the issuance of a passport. Section 11 of the Act provides for the issuing of a passport in a new gender and, if applicable, new name to applicants producing a Gender Recognition Certificate (GRC) issued by the Minister for Social Protection. With regard to current passport holders, the Passport Service may issue a passport in the new gender and new name on receipt of a completed passport application, current passport and GRC. In such circumstances, a new Foreign Birth Registration Certificate is not required.

My Department will have sole responsibility for the management of the new register for the gender recognition of foreign births. Training for staff, both at home and abroad, on LGBTQI issues is on-going. In June 2016, Consular Division hosted a training session on the language and sensitivities which staff may need to be mindful of when dealing with LGBTQI citizens in the course of their work. Additional training needs on the register will be incorporated into our future training programme for staff in Headquarters and in Missions moving forward.

Any member of the public seeking further information on the register should contact the Deputy Director of Consular Services at the Department of Foreign Affairs and Trade, via the Department’s central switchboard.

Consultancy Contracts Expenditure

Questions (283)

Michael Fitzmaurice

Question:

283. Deputy Michael Fitzmaurice asked the Minister for Foreign Affairs and Trade the cost of a report by consultants (details supplied) on barriers to returning Irish emigrants; and if he will make a statement on the matter. [39252/17]

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Written answers

Indecon was appointed to this project following a competitive tendering process undertaken by the Department of Foreign Affairs and Trade. The report will focus on identifying solutions to disproportionate or unnecessary administrative burdens that negatively affect people wishing to return to Ireland to live.

This economic report will complement the work that the Inter-Departmental Committee on the Irish Abroad has already done in this area, and in particular, the report will review and propose measures to address difficulties in areas that are not immediately within the remit of Departments to alleviate. The report will inform Government policy and actions in relation to difficulties it finds.

Indecon (Ireland) will be paid €73,627.8 for the report and this will be financed from the Department’s budget for diaspora affairs.

Anyone who wishes to highlight an example of a specific administrative difficulty they may have experienced in moving home to Ireland to live that could be of relevance in the context of this report is invited to write to the Irish Abroad Unit at the Department of Foreign Affairs and Trade or email globalirishhub@dfa.ie.

Northern Ireland

Questions (284, 292)

Brendan Smith

Question:

284. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if he will report on progress in the talks with the British Government and with the political parties in Stormont in relation to the re-establishment of the Northern Ireland Executive and Northern Ireland Assembly; and if he will make a statement on the matter. [39355/17]

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Micheál Martin

Question:

292. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade if he will report on the negotiations to allow the Northern Ireland Assembly to be reconvened; and the timeframe for when the negotiations will be concluded. [39658/17]

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Written answers

I propose to take Questions Nos. 284 and 292 together.

The Government is determined, as co-guarantor of the Good Friday Agreement, to do everything in our power to ensure all of its institutions are operating effectively, including the devolved Assembly and power-sharing Executive in Northern Ireland.

I remain in regular contact with Secretary of State Brokenshire on how both Governments can best continue to support and encourage the parties in achieving that essential objective.

In the first instance, the two largest parties whose mandates entitle them to nominate a First and deputy First Minister need to reach an agreement to form an Executive. In this context, I welcome the intensified engagement between the DUP and Sinn Féin as referred to in the statements by party leaders Arlene Foster and Michelle O’Neill on 6 September.

These discussions continue and I believe that all parties are conscious that time cannot be unlimited in seeking the desired outcome. Northern Ireland has been without an Executive for several months, during the period when the Article 50 negotiations between the EU and the UK are focused on the unique issues relating to the island of Ireland.

There remain challenges and differences between the parties on specific issues, but I do not believe that these are insurmountable. I will continue to work with the Secretary of State and each of the political parties in Northern Ireland to support an agreement on the formation of a new power-sharing Executive for Northern Ireland within the mandate of the current Assembly.

Undocumented Irish in the USA

Questions (285)

Brendan Smith

Question:

285. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the discussions he has had recently with the United States authorities in relation to the undocumented Irish; the visa proposals he has put forward that would assist Irish persons that need to have their status regularised in the United States; and if he will make a statement on the matter. [39356/17]

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Written answers

I am acutely aware of the very understandable concerns which exist among members of the Irish community in the U.S. in light of recent developments in the area of immigration under the new U.S. Administration. The changed political landscape in the US has resulted in a renewed focus on the plight of the many millions of undocumented people living in the US, including a significant number of Irish citizens.

In order to support people who have those concerns, our Embassy in Washington DC, and our six Consulates across the U.S., continue to work with Irish immigration centres to provide support to undocumented Irish citizens.

Legal advice on the implications of policy developments for undocumented Irish citizens in the U.S, funded by my Department, has been disseminated amongst Irish immigration centres in the United States and is available online.

The Irish Government’s objectives regarding undocumented Irish citizens in the United States remain constant, namely, to achieve relief for the undocumented and facilitate greater pathways for legal migration to the United States.

With this in mind, Ireland’s diplomatic representatives in the U.S. are continuing to systematically avail of all opportunities to raise the immigration issue in their contacts with the US authorities, including the prospects for immigration reform and the situation of the undocumented.

I am in New York this week for the opening of the UN General Assembly and I will be talking time out of my UN programme to meet with representatives of the four Irish Immigration Centres in the region and a representative of the US-wide Coalition of Irish Immigration Centres. This will be an opportunity for me to hear from those working at the coalface with the undocumented Irish as to the current situation and the problems they are encountering on the ground.

I will also be meeting with a senior State Department official during my time in New York and will use that opportunity to once again impress on the US administration the importance which the Irish Government attaches to a resolution of the plight of the undocumented Irish.

In addition, I plan on travelling to Washington DC next month for a series of high-level meetings, including with influential friends of Ireland on Capitol Hill, and this issue will again be high on my agenda.

There can be no doubt, then, that the Government remains wholly committed to working with the US authorities to resolve the plight of the undocumented Irish. The Government will continue to articulate to the US authorities our keen interest in this area while respecting the right of the United States to set its own immigration policies.

The Taoiseach raised the issue when he spoke with President Trump by phone shortly after taking office and I know that the Taoiseach looks forward to having an opportunity to discuss this important issue with President Trump in more detail in due course.

The appointment by the Taoiseach of Deputy John Deasy as the Government’s Special Envoy to the United States Congress to work for the undocumented Irish is a further statement of our intent and seriousness on this issue.

I can also assure the Deputy of the Government’s continued commitment to pursuing these matters on behalf of our affected citizens in the U.S.

Good Friday Agreement

Questions (286)

Darragh O'Brien

Question:

286. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade the legal and constitutional obligations that the Government has under the Good Friday Agreement in relation to Northern Ireland and the Border; and if he will make a statement on the matter. [39360/17]

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Written answers

The Good Friday Agreement is the foundation of the peace process and provides the detailed framework for all of the Government’s engagement in relation to Northern Ireland. The full implementation of the Good Friday Agreement and subsequent agreements is a priority for the Government.

Following a referendum in 1998, the Nineteenth Amendment of the Constitution was approved, thereby endorsing the Good Friday Agreement. This allowed for the amendment of Articles 2 and 3 and the insertion of Article 29.7 of the Constitution. Article 2 refers to the entitlement and birthright of every person born in the island of Ireland (including its islands and seas) to be part of the Irish nation while Article 3 sets out the principle of consent and the possibility of constitutional change, and refers to the institutions with executive powers and functions on the island. Article 29.7.2 allowed the State to be bound by the British-Irish Agreement and provided that any institution established by or under the Agreement may exercise the powers and functions conferred on it in respect of all or any part of the island of Ireland.

In relation to the border, the Good Friday Agreement includes an obligation on the British Government to return to normal security arrangements in Northern Ireland, including the removal of security installations that were predominantly along the border. As the most obvious symbol of the peace process, the invisible border on the island of Ireland is essential to people’s lives and livelihoods and to the continuing normalisation of relationships that is a fundamental part of the peace process founded on the Good Friday Agreement.

As a co-guarantor of the Agreement, the Government will therefore continue to emphasise and pursue Ireland’s objective of protecting the gains of the peace process and avoiding a hard border on the island of Ireland.

Irish Prisoners Abroad

Questions (287)

Thomas P. Broughan

Question:

287. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade the status of the case of a person (details supplied) in Egypt in view of the fact that there seemed to be positive progress during July and August 2017; and if he will make a statement on the matter. [39414/17]

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Written answers

I am sure that all members of the House joined me on Monday last, 18 September in welcoming the news from Cairo that this young Irish citizen had been acquitted at the conclusion of the trial in which he was a defendant along with almost 500 others. This young man’s name has been cleared and his innocence is confirmed.

The Government’s priority now is to support this citizen and his family in every way that we can in order to ensure that he is able to return home to his family and friends as soon as possible.

We are conscious that there will be some practical procedures and formalities to be gone through in Egypt before he will be able to fly back to Dublin, but my Department and our Embassy team will be assisting and supporting him and his family to seek to ensure he gets home as soon as possible.

Foreign Conflicts

Questions (288)

Thomas P. Broughan

Question:

288. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade if he has discussed with his EU counterparts the situation in Myanmar; and if he will make a statement on the matter. [39515/17]

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Written answers

I am deeply concerned by the violence taking place in Rakhine State and reports of serious human rights violations. All perpetrators of violence must be brought to justice in line with the rule of law. The Myanmar security forces involved in ongoing operations have a duty to exercise maximum restraint and to protect unarmed civilians.

The crisis has led to hundreds of thousands of innocent civilians fleeing the country. I urge all sides for a de-escalation of tensions, and full observance of international human rights law. Unrestricted humanitarian access is essential. UN agencies and other humanitarian actors must be allowed to return and resume their operations imminently.

This Government is raising its concerns both through our contacts with the Government of Myanmar, in the context of our EU membership and through participation in UN fora. I have not yet had an opportunity to discuss recent developments in this situation with my EU counterparts. However the ongoing developments and the EU’s response has and continues to be discussed in detail at official level in Brussels and in Myanmar since the escalation of violence in Rakhine State on 25 August. I have been briefed on these discussions, and Ireland fully supports the statements made by EU High Representative Mogherini on this issue. We will continue to engage closely with our EU partners on this matter as the situation evolves.

EU Issues

Questions (289, 290)

Micheál Martin

Question:

289. Deputy Micheál Martin asked the Minister for Foreign Affairs and Trade his views on President Juncker's plan for a more united, strong and democratic union, in particular plans in relation to further enhancing subsidiary proportionality and better regulation in the daily operation of the European Union. [39668/17]

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Seán Crowe

Question:

290. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the state of the union speech by the President of the European Commission, Jean-Claude Juncker, in the European Parliament on 14 September 2017 (details supplied); and his views on these suggestions. [39798/17]

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Written answers

I propose to take Questions Nos. 289 and 290 together.

The President of the European Commission Jean-Claude Juncker made his annual State of the Union address to the European Parliament in Strasbourg on Wednesday 13 September. In a wide-ranging speech President Juncker touched on multiple issues on the EU agenda including Climate Change, Trade, Industrial Policy, Migration, the Single Market, the Digital Agenda, the Eurozone, the Schengen Area, Defence and Taxation.

I welcome the positive tone of the speech echoing the Bratislava Declaration of the 27 Heads of State and Government of September last year which acknowledged that while the EU is not perfect, it remains indispensable for its members.

In March this year the European Commission published a White Paper on the Future of the EU. The purpose of the White Paper is to open a wide-ranging debate with citizens, setting out five scenarios for how Europe could evolve by 2025. These five scenarios are neither mutually exclusive nor exhaustive and in putting them forward the Commission is aiming to move the debate beyond a binary choice between more Europe or less Europe. By opting, in the White Paper, for a wide debate, rather than recommending a clear, integrationist path for the future, the Commission is respecting the need for the EU to rebuild its trust with its citizens. I very much welcome this approach.

Since the publication of the White Paper, the European Commission has further contributed to the debate with five Reflection Papers. Each Paper contains different levels of ambition which broadly reflect the scenarios set out in the White Paper. My colleague the Minister for European Affairs and I are planning to lead a process of public engagement on these and related issues in the coming months. It is imperative that we use our influence to shape the future direction of the European Union. Each Member State, Ireland included, will be bringing its own contributions to the debate.

In his address President Juncker made over 40 proposals. Some of them will enjoy the support of the Government, some will not and others will need further analysis. I welcome, however, the President’s emphasis on a Union that works for its citizens and on Europe’s values: a Union of freedom, equality and the rule of law. The speech echoes our broad approach to the debate with our commitment to completing the single market, completing the banking union and opening up new markets around the globe. I also agree entirely with President Juncker when he says that “the future of Europe cannot be decided by decree. It has to be the result of democratic debate and, ultimately, broad consensus.”

With respect to the President’s proposal for a European Defence Union, I can assure the deputy that, under the terms of the Treaty on European Union, a common Union defence would require unanimity in the European Council and would have to be in accordance with the constitutional requirements of Member States. As the Deputy is aware, Ireland’s participation in a European Common Defence is prohibited by article 29.4.9 of the Constitution of Ireland. This protection is reinforced by the Irish Protocol to the Lisbon Treaty. Any change in that position could take place only with the approval of the people in a referendum to amend the Constitution.

In his address the President also asked Member States to look at which foreign policy decisions could be moved from unanimity to qualified majority voting. As he made clear, the Treaty already provides for this, if all Member States agree to it. I can assure the Deputy that we will study any such proposals, if they emerge, very closely to ensure the careful balance enshrined in the Treaty on European Union is fully respected.

Human Rights Cases

Questions (291)

Seán Crowe

Question:

291. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the case of a person (details supplied) who went missing after the Argentine security forces evicted a group of the indigenous Mapuche community from their lands in Patagonia due to a dispute with an Italian clothing company (detail supplied); if his attention has been further drawn to the fact that the United Nations committee reported that their disappearance required urgent action by the Administration of Argentina’s president, Mauricio Macri; and if he will raise this case with his Argentine counterpart. [39799/17]

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Written answers

I am aware of the case to which the Deputy refers, that of Mr. Santiago Maldonado who reportedly disappeared on 1 August in Chubut province.

I understand that the case was raised with the United Nations Committee on Enforced Disappearances by the Centre for Legal and Social Studies of Buenos Aires, and that the Committee has urged the Argentine government to take swift action to locate Mr. Maldonado.

Government officials in Argentina have stated that there is no record of Mr. Maldonado being detained, but that an investigation is ongoing.

I have asked officials at our Embassy in Buenos Aires to monitor the case and to keep me informed of developments.

Question No. 292 answered with Question No. 284.

Organ Removal

Questions (293)

Maureen O'Sullivan

Question:

293. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the growing market for organ harvesting, particularly in China; if action at EU level has been taken to condemn and combat this growing market; and if he will make a statement on the matter. [39826/17]

View answer

Written answers

The Government follows closely reports of organ harvesting, including renewed allegations of organ harvesting in China. On 6 July this year, officials from my Department met with representatives of the Irish Falun Dafa Association and human rights defenders during which the issue of organ harvesting was discussed.

Trafficking of human organs is a deplorable activity which has developed into a global problem that violates the fundamental human rights and dignity of individuals. International cooperation is the only way to combat this crime, prosecute those behind it and protect vulnerable citizens who may be at risk of becoming victims of trafficking in human organs.

On 8 September this year the UN General Assembly adopted a resolution that aims to strengthen measures and international cooperation in order to prevent and combat trafficking in persons for the purpose of organ removal and trafficking in human organs. Ireland along with most other EU Member States co-sponsored this resolution.

Moreover, Ireland signed the Council of Europe Convention against Trafficking in Human Organs in 2015, and will ratify the Convention when the necessary legislation to give effect to the Convention has been put in place. The Department of Health has been scoping the parameters of legislative proposals in this regard. The Government approved the preparation of the General Scheme and Heads of a Human Tissue Bill in July. The General Scheme will include provisions to prohibit the commercialisation of human organs and tissue for transplantation and the trafficking of organs for transplantation.

The Irish Government, together with our EU partners, addresses human rights issues with China, in frequent and regular dialogue, through our contacts in both Dublin and Beijing and through the relevant multilateral channels. It should be noted that China has embarked on reforms in the area of organ donation with a view to stamping out illegal and unethical practices. However, the Embassy of Ireland in Beijing, in cooperation with our EU partners, is monitoring the Chinese reform efforts in the area of organ donation.

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