Written Answers Nos. 150-160
150. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of persons who have been found not guilty of an offence by reason of insanity and have been discharged from the Central Mental Hospital in each of the past 12 months; and the offence or offences that person would have been charged with in each case. [20743/18]
View answerI can advise the Deputy that during the last 12 months up to the end of April, three patients were conditionally discharged from the Central Mental Hospital and two patients were unconditionally discharged, having been found not guilty of an offence by reason of insanity. Of the conditionally-discharged patients, one was discharged in May 2017, one in February 2018 and one in April 2018. Of the unconditionally-discharged patients, one was discharged in June 2017 and one in November 2017.
Some of the patients were charged with more than one offence and to preserve the confidentiality of patients, the offences have been listed together. The offences included two homicides, possession of a firearm, three counts of false imprisonment, assault causing harm, two counts of robbery, one count of theft, assault and causing serious harm contrary to Section 4 of the Non-Fatal Offences Against the Person Act 1997.
All of the patients were found “not guilty by reason of insanity” in line with Section 5 of the Criminal Law (Insanity) Act 2006, as amended.
151. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality his views on whether it is now time to examine the possibility of requiring Israeli citizens who reside in illegal settlements to undergo the same visa application process as that which Palestinians are subject to in order to enter here; and if he will make a statement on the matter. [20763/18]
View answerThe requirements for which countries are visa-required to come to Ireland are kept under regular review in consultation with my colleague, the Tánaiste and Minister for Foreign Affairs and Trade.
A wide range of factors are considered in determining which countries are visa required. In particular, the Government is pursuing a strategy of greater co-ordination and co-operation on visa matters with the United Kingdom (UK) in the context of the Common Travel Area (CTA) - a matter which commands even greater importance in a post BREXIT scenario. This is exemplified by the operation of the British Irish Visa Scheme in China and India which allows for travel to and around Ireland and the UK on a single visa.
As part of this greater co-operation, the matter of alignment of those States whose citizens are visa-required is also being kept under review. The greater the extent of alignment between the two jurisdictions, the greater the opportunity to increase the numbers of tourism and business visits to the CTA. At present, both Ireland and the UK (in common also with States in the Schengen Area) require citizens of Palestine to be in possession of a visa for travel to their jurisdictions and, while there are no plans to do so at this time, any proposals for change would need to be considered in this context.
152. Deputy Alan Farrell asked the Minister for Business, Enterprise and Innovation her views on whether the Competition and Consumer Protection Commission has personnel with adequate experience and skills and has the legislative backing to investigate waste collection companies operating here, particularly in relation to allegations of corporate collusion on routes and areas to be serviced; and if she will make a statement on the matter. [20666/18]
View answerThe Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including carrying out investigations of alleged anti-competitive practices. As investigations and enforcement matters generally are part of the day-to-day operational work of the CCPC, I, as Minister for Business, Enterprise and Innovation, have no direct function in the matter.
My Department has been informed by the CCPC that it is satisfied that it has personnel with experience and relevant skills employed by it to investigate alleged breaches of competition law in the waste sector.
If the Deputy is aware of any alleged anti-competitive behaviour that is being practised in the waste sector, I would urge him to forward details to the CCPC for their attention.
153. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation if her attention has been drawn to the job losses at a company (detail supplied) in County Kildare; if she has engaged with workers and their representatives in relation to this; the steps that will be taken to assist persons who have lost their jobs to get back into the workforce; and if she will make a statement on the matter. [20528/18]
View answer154. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation if the site of a factory (details supplied) in County Kildare is owned by the IDA; her plans for the site going forward; and if she will make a statement on the matter. [20529/18]
View answer155. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the amount of grant aid a company (details supplied) received in each of the years 2015 to 2017 and to date in 2018; and if she will make a statement on the matter. [20530/18]
View answer157. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the actions she has taken to protect jobs at a company (details supplied); the supports in place for employees that will be made redundant; if she has spoken with the management of the company regarding these job losses; and if she will make a statement on the matter. [20771/18]
View answerI propose to take Questions Nos. 153 to 155, inclusive, and 157 together.
The announcement by Coca-Cola that it will be closing Athy International Concentrates, on a phased basis from September 2018 to December 2019, is very disappointing. While I very much regret the decision the company has taken, I do welcome its commitment to making every effort to help those employees who will lose their jobs. This includes redundancy packages, as well as financial advice and re-training.
The Government will also, of course, make every State support available to those impacted. The Minister for Employment Affairs and Social Protection is aware of the situation and we will be working collectively, across Government, to help these workers transition and find new employment opportunities. The IDA is also closely engaging with senior management at Coca-Cola Ireland.
Despite this disappointing decision by the company, Coca-Cola has made it clear that it remains fully committed to its other facilities in Ireland. We understand more than half of the jobs that will be lost in Athy will transfer to its facility in Ballina, County Mayo.
The site and facility in Athy is owned by Coca Cola itself. The company has not yet indicated their plans for the facility following its closure. Athy International Concentrates has not received any financial assistance from IDA Ireland.
156. Deputy Darragh O'Brien asked the Minister for Business, Enterprise and Innovation her plans to review the role of the Office of the Director of Corporate Enforcement in supervising management owner companies; the number of staff reviewing such companies; and if she will make a statement on the matter. [20690/18]
View answerThe Department of Business, Enterprise and Innovation has no role in the supervision of management ownership companies.
The primary role of the ODCE is to ensure that company law is being respected.
There is no special body of company law which applies only to management companies or is applied differently so far as management companies are concerned.
The legal source from which management companies derive their operational and functional role is set out in the title deeds of the property as well as the contract of purchase of the property. The fact that the intended functions of a management company have their roots in the title deeds is one from which an important legal consequence flows. They do not flow from the company law relationship that exists between the management company and its members.
The Department of Justice has responsibility for the Multi-Unit Development Act 2011.
158. Deputy Billy Kelleher asked the Minister for Business, Enterprise and Innovation the amount allocated separately to research and development under the multiannual financial framework, MFF, programmes 2007-2013 and 2014-2020 and in the proposed 2021-2027 programme. [20773/18]
View answerThe European Union invests significantly in research and innovation through a number of its programmes, with the majority of that funding concentrated in the Framework Programmes for Research and Innovation. The amounts for the last and current iterations of the Framework Programme, as well as the proposed amount for the next programme are listed in the table:
|
Programme |
Amount Allocated |
|
FP7 (2007-2013) |
€55.8 billion |
|
FP8 - 'Horizon 2020' (2014-2020) |
€77 billion |
|
FP9 - 'Horizon Europe' (2021-2027) |
€97.6 billion* |
*The Horizon Europe amount is a European Commission proposed amount. It includes €10 billion specifically for research related to 'food, agriculture, rural development and the bioeconomy' and €3.5 which will form part of the InvestEU fund, which is an EU investment fund aimed at mobilizing additional private investment.
Information on all of the Framework Programmes, including all spending and reviews of past programmes, as well as live information regarding the current programme are available on the EU Commission's website at https://ec.europa.eu/.
159. Deputy Joan Burton asked the Minister for Health the regulation in place in terms of public service employees, in particular in terms of external applicants for senior roles such as the CEO of the Health Service Executive and other senior officials in the HSE with regard to compliance with standards in public office, SIPO, behaviour standards; and if he will make a statement on the matter. [20588/18]
View answerState Bodies, including the HSE, which come under the aegis of the Department of Health must comply with the requirements in the Department of Public Expenditure and Reform's (DPER) Code of Practice for the Governance of State Bodies. The provisions in the Code include the requirements for compliance with relevant legislation and governance obligations. They include compliance with the Ethics in Public Office Acts. The Standards in Public Office (SIPO) Commission has a supervisory role in relation to compliance with the legislation and standards.
The principal objective of the Ethics in Public Office legislation is to demonstrate that those who are participating in public life do not seek to derive personal advantage from the outcome of their actions. To meet this objective, a statutory framework has been put in place to regulate the disclosure of interests and to ensure that other measures are taken to satisfy the broad range of obligations arising under the legislation. The legislation is founded on the presumption of integrity but recognises that specific measures should exist to underpin compliance. The Director General and other senior officials in the HSE are prescribed as 'designated positions' under the Acts. Any person filling a 'designated position' must submit an annual written statement in respect of their interest (and those of a spouse, child or stepchild) which could materially influence them in performance of official duties.
Therefore the Director General and other senior officials in HSE who hold designated positions must submit an annual written Statement of Interests for the purposes of Section 18 of the Ethics in Public Office Act 1995.
160. Deputy Joan Burton asked the Minister for Health the regulations in respect of public servants, in particular the HSE, including the CEO and senior officials, taking up paid work in addition to their public service employment; and if he will make a statement on the matter. [20589/18]
View answerState Bodies, including the HSE, are required to have regard to, and to implement Government policy on pay and related matters.
In accordance with the One Person One Salary (OPOS) principle, serving public servants require the consent of the Department of Public Expenditure and Reform in order to undertake other forms of paid remuneration in any part of the public service. In this context it should also be noted that public servants and public sector employees (with the exception of certain worker directors), who sit on state boards in an ex officio capacity or on behalf of their parent Department/organisation or who may be nominated to such boards independently of their public service employment, should not be paid remuneration in the form of board fees when serving in such a representational capacity.
In May 2017, Mr Tony O’Brien sought my consent within the terms of his contract of employment as Director General of the HSE to accept an appointment as a non-Executive Director of a commercial business. The Director General advised that the business was based outside the State, concerned with research and development and was not engaged in business with the HSE. On the 7th of December, Mr O'Brien advised that the company in question was Evofem Biosciences Inc. based in San Diego, California which focuses on women's healthcare. As Evofem Biosciences Inc. is not part of the Irish public service, the OPOS principle did not apply in this instance.
