Written Answers Nos. 262-281
262. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on the introduction of new sexual offences legislation and the drafting of a domestic violence bill; and if he will make a statement on the matter. [41818/17]
View answerAs Minister for Justice and Equality I am committed to doing all that I can to combat sexual and domestic violence.
I welcome the enactment of the Criminal Justice (Sexual Offences) Act 2017 in February of this year. This wide ranging piece of legislation gives additional protections to some of the most vulnerable people in society as it contains provisions combating the sexual exploitation and abuse of children. Included in the provisions of this important Act is a widening of the range of offences associated with child pornography, the criminalisation of the purchase of sexual services, and the introduction of a statutory definition of consent to a sexual act.
The Deputy will be aware that the Domestic Violence Bill 2017 was published in February and is currently at Committee Stage in Seanad Éireann. This very important legislation enhances the measures available within the legal system to support and protect victims of domestic violence, including extending access to domestic violence orders, providing for victims to give evidence by televisual link, and enabling the court to appoint an expert to ascertain the views of a child where an order is sought, or relates to, that child.
Importantly, the enactment of this legislation will significantly advance progress toward Ireland's ratification of the Istanbul Convention, which, as the Deputy will be aware, is an important legal instrument concerned with violence against women and domestic violence.
263. Deputy Jack Chambers asked the Minister for Justice and Equality the names and titles of the members of the immigrant investor programme committee; the criteria used by the committee for the sanctioning of investments; if enhancement of tourism is an official criterion for the committee; and if he will make a statement on the matter. [41875/17]
View answer264. Deputy Jack Chambers asked the Minister for Justice and Equality the countries of origin of investors under the immigrant investor programme that were issued visas in each of the past three years and to date in 2017; if the countries of origin of those applying have changed since the UK’s Brexit vote; and if he will make a statement on the matter. [41876/17]
View answer265. Deputy Jack Chambers asked the Minister for Justice and Equality the companies and the purpose of each of the businesses which were granted investors under the immigrant investor programme; the number invested in each one; and the number of issued visas per investment in the businesses in each of the past three years and to date in 2017. [41877/17]
View answer266. Deputy Jack Chambers asked the Minister for Justice and Equality if investments made under the immigrant investor programme have been withdrawn following the expiry of the three-year requirement for the capital injection to be valid for the visa; and if he has satisfied himself that the programme delivers value in view of the reputational risks that could be involved. [41878/17]
View answerI propose to take Questions Nos. 263 to 266, inclusive, together.
The Immigrant Investor Programme, IIP, was introduced by Irish Naturalisation and Immigration Service of my Department in April 2012 to encourage inward investment so as to create business and employment opportunities in the State.
Applications under the Immigrant Investor Programme are evaluated by an expert Independent Evaluation Committee, with representatives from the IDA; Enterprise Ireland; the Departments of Finance, Foreign Affairs and Trade, Business Enterprise and Innovation, and my Department, which also provides the administrative supports to the Committee. The independent committee is keenly aware, as are my officials, of the need to approve projects that are robust and of the highest possible standard. The membership of the Committee changes depending on the availability of personnel.
The programme provides investors with the opportunity to invest in Ireland and successful applicants are granted Stamp 4 permission for themselves and their family members (nuclear family only). Permission is granted for an initial two-year period and renewed thereafter for three years and then five years continuous, subject to the investment continuing for the required three years and normal visa and security checks completed. Key to the programme is that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest. In that context, where a tourism related project is submitted it is evaluated against these criteria and approval granted where the criteria are met.
I regret I am unable to provide the Deputy with a list of all projects approved in relation to the Immigrant Investor Programme due to the commercially sensitive nature of the information provided and which was received on the basis of strict confidentiality. A significant number of applications are received from China - approximately 90% of applications to date. The decision by the UK to leave the EU has not impacted on the programme.
A total of 716 IIP applications have been submitted since the inception of the programme in 2012. Since June 2016, a total of 506 applications have been submitted and 482 have been decided with 24 awaiting final decision. The Evaluation committee has recommended approval in respect of 405 of these applications for a total investment value of €285.45 million. To date, there has been no refusal to renew an Immigration permission where the investment is still active.
267. Deputy Pat The Cope Gallagher asked the Minister for Justice and Equality the progress made in upgrading the Donegal town Garda barracks; the options being considered as part of the overall improvement plan; the timeframe for moving forward; and if he will make a statement on the matter. [41907/17]
View answerThe Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, OPW, which has the responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in these matters.
As the Deputy will be aware, the Garda Building and Refurbishment Programme 2016-2021, includes the redevelopment of Donegal Garda station. I am informed by the Garda authorities that proposals to extend and completely upgrade the station have been agreed and that a planning application for the works has been submitted with advertisements placed in national and local newspapers on 7 September 2017. I understand that the associated six week consultation period continues until 19 October 2017.
I am further informed that the OPW is currently preparing tender documentation in respect of the works and is also engaged in sourcing alternative accommodation for An Garda Síochána while the redevelopment is in train.
268. Deputy Pat The Cope Gallagher asked the Minister for Justice and Equality the number of additional gardaí allocated to the Donegal division in each of the years 2014 to 2016; the number of gardaí that either retired or transferred out of the division in each of the years 2014 to 2016; the further provision he and the Garda authorities are making for the Donegal division in 2017 and in future years in order to restore Garda numbers in the division; and if he will make a statement on the matter. [41908/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
This plan is progressing apace. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
I am informed by the Commissioner that the Garda strength of the Donegal Division, on 31 August 2017, the latest date for which figures are readily available, was 392. There are also 19 Garda Reserves and 31 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
I am further informed by the Commissioner, that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 24 of whom have been assigned to the Donegal Division. I am also informed that another 200 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Garda Division, including the Donegal Division in the coming years.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their B.A. in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
I have requested a report from the Commissioner in relation to the number of Gardaí that have retired or transferred out of the Donegal Division in each of the years 2014 to 2016 as requested by the Deputy and I will write to the Deputy on receipt of same.
For the Deputy's information I have set out below, as provided by the Commissioner, the number of new Garda recruits assigned to the Donegal Garda Division from 2015 to date in 2017.
|
Division |
2015 |
2016 |
2017 |
Total |
|
Donegal |
10 |
5 |
9 |
24 |
269. Deputy Clare Daly asked the Minister for Culture, Heritage and the Gaeltacht her plans to provide for mandatory inspection and monitoring by the National Parks and Wildlife Service, NPWS, of pre-coursing trials of hares; and her further plans to provide also that a vet must be present at all such trials. [41236/17]
View answerHare coursing meetings are monitored, as resources allow, by conservation rangers and officials of the National Parks and Wildlife Service of my Department in order to ensure compliance with the conditions of the licences. To date three such trials have already been monitored in 2017. A report on those trials will be published shortly by my Department. The conditions of future licenses issued by my Department in respect of coursing meetings, including the question of coursing trials, will be kept under review in light of any issues brought to my attention by National Parks and Wildlife officials or by others and I will make any changes that I consider appropriate.
270. Deputy Clare Daly asked the Minister for Culture, Heritage and the Gaeltacht the oversight mechanisms that are in place to ensure that hares used at coursing meetings are not recaptured after their release into the wild and coursed again as per the rules of an organisation (details supplied). [41237/17]
View answerMy Department has issued licences under the Wildlife Acts to the Irish Coursing Club, covering its affiliated coursing clubs, to capture and tag hares for use at regulated hare coursing meetings for the 2017-18 coursing season, which extends from the end of September 2017 to the end of February 2018.
There are 22 conditions associated with the licences issued to the Irish Coursing Club which have been developed and refined over the year. One of the conditions requires that hares must be released back into the wild during daylight hours after the coursing has concluded unless otherwise agreed, in advance, with the relevant National Parks and Wildlife Service officials.
It is also a condition of the licence that in all matters relating to coursing there must be full compliance with the Directives, Instructions and Guidance Notes issued by the Irish Coursing Club. One of the provisions of the Irish Coursing Club in that regard is that hares earmarked and released may not be taken up and coursed at any subsequent park meeting.
Therefore, while there may be a possibility that a released hare could be recaptured for a future coursing meeting, the conditions require that hare should not be coursed again. As resources permit, NPWS officials monitor as many meetings as possible in order to ensure compliance with the conditions of the licenses.
The question of future licenses issued by my Department in respect of coursing meetings will be kept under review in light of any issues brought to my attention by National Parks and Wildlife officials or by others and I will make any changes that I consider appropriate.
271. Deputy Clare Daly asked the Minister for Culture, Heritage and the Gaeltacht further to Parliamentary Question No. 363 of 20 September 2017, if she will include at condition number four in the hare coursing licence, a provision that an obligatory return be made to her Department with the particulars of the number of hare deaths at coursing meetings in view of the fact the current licence provides at condition four that only injuries be reported. [41238/17]
View answerMy Department issued licences under the Wildlife Acts to the Irish Coursing Club, covering their affiliated coursing clubs, to capture and tag hares for use at regulated hare coursing meetings for the 2017-18 coursing season which extends from the end of September 2017 to the end of February 2018. I have made changes to this year's licence to include a condition formally requiring that an obligatory return must be made to my Department giving particulars including the number of hare fatalities.
272. Deputy Charlie McConalogue asked the Minister for Culture, Heritage and the Gaeltacht the number of persons that participated in the National Parks and Wildlife Service, NPWS, farm plan scheme; and the funding allocated and expended on the programme in each of the years 2010 to 2016, in tabular form. [41404/17]
View answerThe National Parks and Wildlife Service of my Department has operated a farm plan scheme since 2006, which has the primary objectives of testing, on a relatively small scale, bespoke measures for nature conservation on farmland. The scheme has incentivised farmers, in particular instances, to go above and beyond their statutory requirements. To date over 650 NPWS Farm Plans were approved and these plans have been instrumental in designing national agri-environment schemes which have been taken forward on a larger scale under the Rural Development Programme 2014-2020.
The Farm Plan Scheme was greatly scaled back in 2010 during the financial crisis and now is largely replaced by GLAS.
The following table presents the number of contractual commitments with farmers in the years 2010 to 2016 inclusive. In addition, the budget allocated in each of these years to payment to farmers, to farm planners, for the delivery of farm audits and associated payments is also presented. Finally the actual expenditure on payments to farmers only is presented for the years in question.
There are currently 39 landowners operating under the Farm Plan Scheme in 2017.
|
Year |
Number of contracts |
Budgetary allocation |
Actual expenditure |
|
2010 |
546 |
€5.10m |
3.75m |
|
2011 |
667 |
€5.38m |
€4.4m |
|
2012 |
616 |
€5.14m |
€3.96m |
|
2013 |
415 |
€4.44m |
€3.45m |
|
2014 |
361 |
€3.14m |
€2.67m |
|
2015 |
176 |
€1.74m |
€1.3m |
|
2016 |
53 |
€1.00m |
€0.58m |
273. D'fhiafraigh Deputy Pearse Doherty den Aire Cultúir, Oidhreachta agus Gaeltachta an bhfuil aon dul chun cinn déanta aici chun bád farantóireachta úr toiscdhéanta a choimisiúnú don phasáiste idir Machaire Rabhartaigh agus Oileán Thoraí i gContae Dhún na nGall; cén uair a chuirfear an tseirbhís seo ar fáil do phaisinéirí; agus an ndéanfaidh sí ráiteas ina thaobh. [41591/17]
View answerTar éis cruinniú a bheith agam le toscaireacht ó Oileán Thoraí le déanaí maidir le seirbhís farantóireachta an oileáin sin, tá iarrtha agam ar oifigigh mo Roinne tús a chur leis na próisis pleanála cuí chun bád sainlasta a chur ar fáil le freastal ar phobal an oileáin agus oibreacha a dhéanamh ag Cé Mhachaire Rabhartaigh ar mhaithe léi a chur in oiriúint don bhád sin. Mar a thuigfidh an Teachta, beidh ar mo Roinn saineolas ar leith a fhostú chun na próisis seo a bhainistiú agus amscála a leagan amach ina leith.
274. Deputy John Brassil asked the Minister for Health his plans to amend legislation to ensure there is a provision under social and affordable housing to allow for the provision of respite housing should there be a need in the area; and if he will make a statement on the matter. [41526/17]
View answerLegislation, and any proposals regarding the amendment of legislation in relation to the provision of social affordable housing for the provision of respite housing, is a matter for the Minister for Housing, Planning and Local Government.
However, I am informed that the issue of housing affordability is being examined by that Department in consultation with local authorities and the Housing Agency, in the context of Rebuilding Ireland. The expectation is that this work will be concluded in the coming weeks, and that Minister Murphy will be considering the potential of new initiatives in relation to affordable housing in that regard.
In relation to the provision of respite care in the context of disability services, there are a number of factors impacting on capacity. A significant number of respite beds have to be utilised where admission is unplanned leading to the number of available respite nights being down against planned activity. In addition, within the regulatory and policy context, the manner in which residential and respite services is provided has also changed, as Agencies comply with regulatory standards. Capacity has generally decreased with requirements for personal and appropriate space. In some situations beds are no longer available. For instance, they may be vacated by residents who go home at weekends or for holidays and can no longer be used for respite. Implementation of the national policy on congregated settings is also affecting available capacity.
In the Health Service Executive's, HSE's, Social Care Operational Plan for 2017, 6,320 people with a disability are expected to avail of centre based respite services totalling 182,506 overnights. Based on existing levels of service and in addition to the centre-based respite service, it’s planned that between 2,000 and 2,500 persons will avail of respite services such as holiday respite or occasional respite with a host family. It is also planned that based on existing levels of service, a further 41,100 day-only respite sessions will be accessed by people with a disability.
In addition, the HSE has been funded to provide 185 new emergency residential placements and new home support and in-home respite for 210 additional people who require emergency supports has been allocated. This marks a significant change in the way that respite services are delivered.
The HSE continues to work with agencies to explore various ways of responding to this need in line with the budget available.
275. Deputy Fiona O'Loughlin asked the Minister for Health the reason the mobility allowance was stopped for new applicants; and if he will make a statement on the matter. [41549/17]
View answerConscious of the reports of the Ombudsman in 2011 and 2012 regarding the legal status of both the Mobility Allowance and Motorised Transport Grant Scheme in the context of the Equal Status Acts, the Government decided to close both schemes in February 2013.
The Government is aware of the continuing needs of people with a disability who rely on individual payments that support choice and independence. In this regard, monthly payments of up to €208.50 have continued to be made by the Health Service Executive to 4,700 people who were in receipt of the Mobility Allowance.
The Government decided that the detailed preparatory work required for a new Transport Support Scheme and associated statutory provisions should be progressed by the Minister for Health and the Programme for a Partnership Government acknowledges the ongoing drafting of primary legislation for a new Transport Support Scheme. I can confirm that work on the policy proposals for the new Scheme is at an advanced stage. The proposals seek to ensure that:
- There is a firm statutory basis to the Scheme's operation;
- There is transparency and equity in the eligibility criteria attaching to the Scheme;
- Resources are targeted at those with greatest needs; and
- The Scheme is capable of being costed and is affordable on its introduction and on an ongoing basis.
The next step is to seek Government approval to the drafting of a Bill for the new Scheme.
276. Deputy Fiona O'Loughlin asked the Minister for Health when a payment similar to the mobility allowance will be introduced; and if he will make a statement on the matter. [41550/17]
View answerConscious of the reports of the Ombudsman in 2011 and 2012 regarding the legal status of both the Mobility Allowance and Motorised Transport Grant Scheme in the context of the Equal Status Acts, the Government decided to close both schemes in February 2013.
The Government is aware of the continuing needs of people with a disability who rely on individual payments that support choice and independence. In this regard, monthly payments of up to €208.50 have continued to be made by the Health Service Executive to 4,700 people who were in receipt of the Mobility Allowance.
The Government decided that the detailed preparatory work required for a new Transport Support Scheme and associated statutory provisions should be progressed by the Minister for Health and the Programme for a Partnership Government acknowledges the ongoing drafting of primary legislation for a new Transport Support Scheme. I can confirm that work on the policy proposals for the new Scheme is at an advanced stage. The proposals seek to ensure that:
- There is a firm statutory basis to the Scheme's operation;
- There is transparency and equity in the eligibility criteria attaching to the Scheme;
- Resources are targeted at those with greatest needs; and
- The Scheme is capable of being costed and is affordable on its introduction and on an ongoing basis.
The next step is to seek Government approval to the drafting of a Bill for the new Scheme.
277. Deputy Michael McGrath asked the Minister for Health his views on whether it is unfair that employees of section 39 organisations had their pay cut in line with the financial emergency measures in the public interest, FEMPI, legislation on the instruction of the HSE but now those organisations are not in a position to restore the pay of the employees of these section 39 organisations in view of the fact that they have not been given the funding to do so; and if he will make a statement on the matter. [41598/17]
View answerUnder section 39 of the Health Act 2004, the HSE has in place Service Level Agreements with voluntary providers which set out the level of service to be provided for the grant to the individual organisation. Any individuals employed by these section 39 organisations are not HSE employees, therefore neither the HSE nor the Minister have a role in determining the salaries or other terms and conditions applying to these staff.
The staff of these Section 39 organisations are not public servants and therefore were not subject to the FEMPI legislation which imposed pay reductions. It follows then that the staff of the section 39 bodies will not be eligible for any pay restoration which is provided for under the more recent Public Service Agreements. It is a matter for Section 39 organisations to negotiate salaries with their staff as part of their employment relationship and within the overall funding available for the delivery of agreed services.
278. Deputy Fiona O'Loughlin asked the Minister for Health the status of a medical card for a person (details supplied); and if he will make a statement on the matter. [41758/17]
View answerUnder the Health Act 2004, the Health Service Executive, HSE, is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as possible.
The Health Service Executive operates the General Medical Services scheme, which includes medical cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact service for members of the Oireachtas specifically for queries relating to medical cards and GP visit cards, which the Deputy may wish to use for an earlier response. Contact information was issued to Oireachtas Members.
279. Deputy Michael Healy-Rae asked the Minister for Health his views on the gender proofing of all health policies and services; and if he will make a statement on the matter. [41819/17]
View answerSection 42 of the Irish Human Rights and Equality Commission Act 2014 places a positive duty on all public sector bodies to eliminate discrimination, promote equality of opportunity and treatment of its staff and persons to whom it provides services and protect the human rights of its members, staff and persons to whom it provides services. My Department is committed to adhering to these provisions in health policy development and service delivery.
280. Deputy Michael Healy-Rae asked the Minister for Health if funding for the fair deal scheme will be increased to remove discrimination against farming and other small business assets; and if he will make a statement on the matter. [41821/17]
View answerThe Nursing Homes Support Scheme, NHSS, is a system of financial support for those in need of long-term nursing home care. Participants contribute to the cost of their care according to their income and assets while the State pays the balance of the cost. The Scheme aims to ensure that long-term nursing home care is accessible and affordable for everyone and that people are cared for in the most appropriate settings.
When the NHSS commenced in 2009, a commitment was made that it would be reviewed after three years. The report of the review was published in July 2015. Arising out of the review, a number of key issues have been identified for more detailed consideration across Departments and Agencies.
An Interdepartmental/Agency Working Group has been established to progress the recommendations contained in the review. This Group is chaired by the Department of Health and includes representatives from the Department of the Taoiseach, the Department of Public Expenditure and Reform, the HSE, the Revenue Commissioners, and when required, the National Treatment Purchase Fund, NTPF. These recommendations include examining the treatment of business and farm assets for the purposes of the financial assessment element of the Scheme. The programme for a Partnership Government has also committed to reviewing the NHSS to remove any discrimination against small businesses and family farms. It is important to remember that the NHSS is largely underpinned by primary legislation and changes to the NHSS will require legislative implementation.
On this basis, I have requested legal advice from the office of the Attorney General regarding potential changes to the legislation that will address this matter. My Department has also been cognisant of this matter in the context of this year's estimates process. I have recently met with representatives from the I.F.A. to discuss various strategies that may assist with addressing their members concerns and have apprised them of the current progress. We agreed to meet again in the near future for further discussions. I am committed to this review of the position with regard to family farms and small businesses for the purposes of the financial assessment of the scheme and I hope to be able to clarify proposed changes before the end of this year.
281. Deputy Bernard J. Durkan asked the Minister for Health the number of breaches of labelling that have been identified throughout the food sector in the past 12 months in respect of imports and home produced product; and if he will make a statement on the matter. [41957/17]
View answerData regarding breaches of food labelling requirements is compiled by the Food Safety Authority of Ireland, FSAI. Therefore, I have referred the question to the FSAI for attention and direct reply to the Deputy.
