Written Answers Nos. 76-100
76. Deputy Pearse Doherty asked the Minister for Finance the allowances claimed by the top five, 20, 50 and 100 companies, respectively in 2015 and 2016 with regard to the figures provided by him to the Oireachtas Committee on Finance, Public Expenditure and Reform and Taoiseach regarding annual claims for capital allowances; and if he will make a statement on the matter. [49975/18]
View answerFollowing further clarification in correspondence with the Deputy’s office, it is my understanding that the Deputy is seeking information in respect of capital allowances for intangible assets.
I am advised by Revenue that the available information on companies claiming the highest amounts of capital allowances in respect of intangible assets in 2015 and 2016 is contained in the table below. It is not possible to provide the full detail requested in respect of the top 5 highest claimant companies due to Revenue’s obligation to protect the confidentiality of taxpayer information.
|
Capital Allowances Claimed - Intangible Assets |
2015 |
2016 |
|
Top 20 claimants |
€ 28.5 billion |
€ 35.2 billion |
|
Top 50 claimants |
€ 28.8 billion |
€ 35.6 billion |
|
Top 100 claimants |
€ 28.8 billion |
€ 35.7 billion |
77. Deputy David Cullinane asked the Minister for Finance if he will provide Ireland’s national debt as a percentage of Government total revenue in each of the years 1997 to 2017, in tabular form; and if he will make a statement on the matter. [49976/18]
View answerWhen discussing debt it is important to note the distinction between national debt and general government debt. National debt is a presentation of the indebtedness of the Exchequer, net of cash and other financial assets, and excludes certain liabilities that are recognised in general government debt.
While the national debt is the principal component of general government debt, the latter measure also includes extra-budgetary funds, non-commercial state-sponsored bodies and the debt of local authorities.
My Department recently updated its Annual Report on Public Debt in Ireland which provides a comprehensive analysis of debt dynamics in Ireland. The report is available on my Department's website www.finance.gov.ie.
Net national debt as a percentage of general government revenue for the period 1997 to 2017 is presented in the table below.
Net National Debt
|
Year |
National Debt (€bn) |
As % of GG Revenue |
|
2017 |
185.5 |
242.4 |
|
2016 |
185.6 |
252 |
|
2015 |
183.1 |
258.2 |
|
2014 |
182.3 |
276.2 |
|
2013 |
173.9 |
282.8 |
|
2012 |
137.6 |
231.3 |
|
2011 |
119.1 |
206.2 |
|
2010 |
93.4 |
168.7 |
|
2009 |
75.2 |
133.1 |
|
2008 |
50.4 |
77.1 |
|
2007 |
37.6 |
52.7 |
|
2006 |
35.9 |
53 |
|
2005 |
38.2 |
64.3 |
|
2004 |
37.8 |
70.2 |
|
2003 |
37.6 |
77.5 |
|
2002 |
36.4 |
81.9 |
|
2001 |
36.2 |
88.7 |
|
2000 |
36.5 |
94.2 |
|
1999 |
39.8 |
118.1 |
|
1998 |
37.5 |
127.5 |
|
1997 |
39 |
148.6 |
78. Deputy Billy Kelleher asked the Minister for Finance the progress to date for each of the action points made in the report Measures to Enhance Ireland's Corporate, Economic and Regulatory Framework published in November 2017 that fall under his remit; if each such action point has been completed, not completed or is ongoing, respectively; and the revised deadlines for action points not delivered by the original timeframes in tabular form. [50035/18]
View answerMy Department is the lead Department for ten key actions in the November 2017 report to enhance the State’s corporate, economic and regulatory framework. The majority of actions have already been implemented and the others are in progress for implementation.
Markets in Financial Instruments Directive (MiFID II):
The Markets in Financial Instruments Directive 2 (“MiFID 2”) represents a major piece of financial markets reform and is ambitious in its scope. It seeks to make financial markets more efficient, resilient and transparent. It was transposed by S.I. (375/2017) and entered into application on 3 January 2018, simultaneously revoking the MiFID 1 Regulations. However, it is necessary to provide for criminal sanctions and penalties in respect of infringements outlined in MiFID 2 in primary law, hence the need for the Markets in Financial Instruments Bill 2018, recently enacted in October this year. The Bill provides that a person guilty of an offence under certain provisions of the MiFID 2 regulations, such as operating without authorisation, is liable on conviction on indictment to a maximum penalty of €10 million and/or imprisonment for ten years. This is a continuation of the criminal sanctions regime that existed under MiFID 1. I believe putting in place criminal sanctions for serious infringement of the MiFID rules will provide a deterrent effect against any blatant misbehaviour and thus promote orderly markets, market integrity & investor protection. This Bill has passed all stages in the Oireachtas and was signed into law by the President on 29 October 2018.
Revenue Commissioners:
Ireland has implemented the Common Reporting Standard which provides for the automatic exchange of financial account information between tax authorities. The first information exchanges were completed in September 2017, with the tax authorities of 50 jurisdictions participating. In September 2018, 91 jurisdictions’ tax authorities completed exchanges. The information received by the Revenue Commissioners is being used to identify tax defaulters. The Revenue Commissioners, in conjunction with my Department, continue to monitor whether any additional powers or resources are currently required. Any such measures identified are then proposed to me as Minister for Finance for appropriate action.
Last year, the Revenue Commissioners collected a record €70.96 billion for the Exchequer (net figure €50.76 billion).
- During 2017, Revenue completed 655,557 compliance interventions, which yielded €491.9 million in tax, interest and penalties.
- 5,220 audits were carried out yielding €196.3 million and 66 investigations yielding €7.5 million in tax, interest and penalties.
- In addition, Revenue has received €88.2 million from 2,890 disclosures in the final offshore disclosure settlement opportunity. Tax defaulters who use offshore facilities to hide undeclared income or assets can now no longer make a qualifying disclosure and Revenue are using the information they receive from other jurisdictions to identify such tax defaulters. They now face penalties of up to 100% of the tax evaded, publication as tax defaulters and potentially, criminal prosecution.
Where tax evasion is uncovered, Revenue will apply the maximum sanctions and deterrents including penalties, publication, and criminal prosecution.
- In 2017, there were 24 criminal convictions for serious evasion and fraud convictions, and 911 summary criminal convictions with a total of €2.44 million imposed in fines.
Since May 2018, with the assistance of the Revenue Commissioners, the Director of Public Prosecutions secured 2 high-profile criminal convictions relating to revenue offences. A significant prison sentence was imposed in one of the cases.
Anti-Money Laundering:
The Financial Action Task Force (FATF) Report on Ireland’s Anti Money Laundering (AML) and Countering the Financing of Terrorism (CFT) was published on 7th September 2017, and found that overall, Ireland has a sound and substantially effective regime to tackle money laundering and terrorist financing. It also made a series of detailed recommendations in regard to all aspects of Ireland’s AML/CFT regime.
An action plan to address those recommendations has been drafted and agreed. The action plan transposes all of the recommendations arising from Ireland’s FATF review, and sets out to deliver improvements in the AML/CFT measures in place in Ireland between now and our 5th year FATF Follow-up Assessment. Article 30 of the 5th Anti-Money-Laundering Directive requires that Member States hold, in a central register, information on the beneficial ownership of corporate and other legal entities incorporated within their territories. My Department is currently transposing this provision by way of a Statutory Instrument. This work is well advanced and the transposition is expected to be concluded soon. Article 31 of the 5th Anti-Money-Laundering Directive requires that trustees of express trusts hold up-to-date information regarding the trusts’ beneficial ownership and requires that, for trusts governed under its law, each Member State hold this information in a central register. My Department is currently transposing this provision by way of a Statutory Instrument. This work is well advanced and the transposition is expected to be concluded soon.
Banking Inquiry Recommendations Progress Report:
My officials are working to finalise the Progress Report on the implementation of the recommendations of the Report of the Joint Committee of Inquiry into the Banking Crisis and expect to publish this shortly. The progress report will illustrate the wholesale change in the regulatory culture since the financial crisis, characterised by a more intrusive supervisory approach by the Central Bank.
Joint Agency Task Force:
Officials from my Department joined the Joint Agency Task Force on Invoice Redirection Fraud. Revenue has well-established mechanisms, under data protection and disclosure legislation, for providing information to other public bodies, in response to requests from them, for the purposes of investigations and prosecutions and preventing crime.
Review of Ireland's Anti-Fraud and Anti-Corruption Structures:
In relation to anti-corruption and anti-fraud structures, a review group under the aegis of my colleague, the Minister for Justice and Equality, chaired by Mr James Hamilton, has been set up (first meeting in September 2018). Officials from my Department, the Central Bank and the Revenue Commissioners are participating.
|
Action Point No. |
Action Point |
Timeline |
Lead/Owner |
Progress |
|
12 |
Publish Progress Report on the implementation of the recommendations of the Report of the Joint Committee of Inquiry into the Banking Crisis |
Q4 2017 |
Department of Finance |
Near completion – Report redrafted (to be up to date) will be published Q1 2019. |
|
13 |
Monitor the implementation of further recommendations from the Report of the Joint Committee of Inquiry into the Banking Crisis |
Ongoing |
Department of Finance |
Ongoing. |
|
18 |
Revenue, in conjunction with the Department of Finance, will continue to examine whether any additional powers or measures are currently required. Any such measures will then be proposed to the Minister for Finance for inclusion in Finance Bill 2018. |
Ongoing |
Department of Finance |
Completed - funding allocated to Revenue in Budget 2018 will support them in undertaking a number of initiatives, including: - Significant reform of the administration of the PAYE system; and, - The enhancement of ICT systems capacity for data matching and data analytics. |
|
19 |
Implement MiFID II, which broadens the powers of the Central Bank to remove (members of) the executive board from the management of [“failing”] MiFID companies |
Q1 2018 |
Department of Finance |
Completed. |
|
20 |
Extend the Market Abuse Rules to a wider cross-section of individuals under MiFID II |
Q1 2018 |
Department of Finance |
Completed. |
|
21 |
MiFID II Bill providing for criminal sanctions for serious infringements of MiFID II/MiFIR |
Q1 2018 |
Department of Finance |
Completed – enacted end October 2018. |
|
22 |
Implement the automatic exchange of financial account information under the global Common Reporting Standard (CRS) |
Q4 2017 |
Revenue Commissioners |
Completed - the first information exchange began in September 2017. |
|
23 |
Respond to the recommended actions of the FATF Report on Ireland’s Anti Money Laundering and Countering the Financing of Terrorism framework |
Ongoing |
Department of Finance |
Ongoing - The Financial Action Task Force (FATF) Report on Ireland’s Anti Money Laundering (AML) and Countering the Financing of Terrorism (CFT) was published on 7th September 2017, and found that overall, Ireland has a sound and substantially effective regime to tackle money laundering and terrorist financing. It also made a series of detailed recommendations in regard to all aspects of Ireland’s AML/CFT regime. An action plan to address those recommendations has been drafted and agreed. The action plan transposes all of the recommendations arising from Ireland’s FATF review, and sets out to deliver improvements in the AML/CFT measures in place in Ireland between now and our 5th year FATF Follow-up Assessment. |
|
25 |
Establish a central register for beneficial ownership of companies and industrial and provident societies |
Q1 2018 |
Department of Finance |
In progress – the Department of Finance is currently transposing this provision by way of a Statutory Instrument. This work is well advanced and the transposition is expected to be concluded soon. |
|
26 |
Transpose Article 31 4AMLD regarding trusts and similar legal arrangements |
Q1 2018 |
Department of Finance |
In progress – the Department of Finance is currently transposing this provision by way of a Statutory Instrument. This work is well advanced and the transposition is expected to be concluded soon. |
79. Deputy John Brassil asked the Minister for Public Expenditure and Reform the progress to date on the Public Service Superannuation (Age of Retirement) Bill 2018; the date for implementation of this Bill; if employees who are forced to retire before this Bill is enacted will be given leeway to remain in employment; and if he will make a statement on the matter. [49886/18]
View answerThe Public Service Superannuation (Age of Retirement) Bill 2018, which was published on 9 July, passed all stages in the Seanad on 17 July. It passed Second Stage in the Dail on 7 November and is provisionally scheduled for Committee Stage in the Dail on 11 December. While ultimately, the scheduling of the Bill in the Dail is a matter for the Oireachtas, my intention is to secure enactment of the Bill as soon as possible.
In relation to the position of those public servants who are required to retire before the Bill is commenced, I refer the Deputy to my response to PQ 46505/18 of 13 November 2018.
80. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform when repairs will be carried out on a road (details supplied); and if he will make a statement on the matter. [49966/18]
View answerI am advised by the Office of Public Works (OPW) engineering staff that any damage to the road referred to by the Deputy did not arise from OPW's activities. While this Office did undertake works in the area earlier this year, it did not involve the transport of heavy machinery along the road in question.
Accordingly, any remediation works to this road, if it a public road, would in the first instance be a matter for the Local Authority to consider.
81. Deputy Willie O'Dea asked the Minister for Education and Skills if the IDA and other State agencies only promote third level institutions abroad; his views on whether this is a missed opportunity; if his attention has been drawn to the way in which Canada's national and regional schools, public schools and private schools are promoted internationally and the success Canada has had in attracting international students; if he will consider including second level schools (details supplied) to promote the high-quality Irish educational programmes abroad; and if he will make a statement on the matter. [50052/18]
View answerThe Department of Education and Skills is supportive of short-term school-level exchanges for cultural and academic reasons but does not support longer term placements of international students in our State school system for commercial purposes.
At school level, this Department is focused on meeting the demand for school places that will arise from the significant demographic increases expected in the coming years from our own population, to ensure that every child here will have access to a school place and that our system will continue to be in a position to accommodate our own increasing pupil numbers.
The Government’s International Education Strategy is focused on Higher Education (HE) and English Language Training (ELT). The promotion of international higher education is the responsibility of Enterprise Ireland, working with the sector through the Education in Ireland brand. It is also the Government's policy that ELT schools operating under the Education in Ireland brand will be promoted once the legislation and arrangements for the proposed new International Education Mark system are fully in place and operational.
82. Deputy Niall Collins asked the Minister for Education and Skills when the minor works grant will issue to a school (details supplied); and if he will make a statement on the matter. [49841/18]
View answerThe Minor Works Grant 2018/2019 will be paid this week to all primary schools throughout the country including the school referred to by the Deputy.
83. Deputy Brendan Griffin asked the Minister for Education and Skills if a decision has been made on the request by a school (details supplied) for additional funding; and if he will make a statement on the matter. [49843/18]
View answerMy Department approved the provision of permanent classroom accommodation at the school to which the Deputy refers to replace prefabricated accommodation.
The school subsequently submitted a proposal to vary the accommodation brief and this is currently being considered. My Department is currently engaging with the school in this regard.
84. Deputy Brendan Howlin asked the Minister for Education and Skills the forward planning carried out in the Gorey feeder area to ensure that there are sufficient secondary school places available for all primary school children in the area in the context of recent large housing developments which will bring more children of school age into the area (details supplied). [49847/18]
View answerIn order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas and uses a Geographical Information System, using data from a range of sources, to identify where the pressure for school places across the country will arise. With this information, my Department carries out nationwide demographic exercises to determine where additional school accommodation is needed at primary and post-primary level.
Major new residential developments in a school planning area have the potential to alter demand in that area. In that regard, as part of the demographic exercises, my Department engages with each of the local authorities to obtain the up-to-date data on significant new residential development in each area. This is necessary to ensure that schools infrastructure planning is keeping pace with demographic changes as there is a constantly evolving picture with planned new residential development, including additional residential developments arising from the Local Infrastructure Housing Activation Fund (LIHAF).
Where data indicates that additional provision is required, the delivery of such additional provision is dependent on the particular circumstances of each case and may, depending on the circumstances, be provided through either one, or a combination of, the following:
- Utilising existing unused capacity within a school or schools,
- Extending the capacity of a school or schools,
- Provision of a new school or schools.
As the Deputy may be aware, the Government recently announced plans for the establishment of 42 new schools over the next four years (2019 to 2022). This announcement follows nationwide demographic exercises carried out by my Department into the future need for primary and post-primary schools across the country and the 4-year horizon will enable increased lead-in times for planning and delivery of the necessary infrastructure.
In addition to the new schools announced, there will be a need for further school accommodation in other areas in the future. Based on the current analysis, this need can be addressed through either planned capacity increases in existing schools or additional accommodation or extensions to existing schools.
While the announcement did not include a new post primary school in Gorey (which is located in the Gorey school planning area), the requirement for new schools will be kept under on-going review and in particular would have regard for the increased rollout of housing provision as outlined in Project Ireland 2040.
My Department's responsibility is to provide sufficient accommodation to meet 20,000 new and replacement school places each year, to ensure that every child has a school place. It is open to an individual school to apply for accommodation under the additional accommodation scheme if the school does not have sufficient capacity to meet school places.
85. Deputy Bernard J. Durkan asked the Minister for Education and Skills when funding will be granted to a school (details supplied); and if he will make a statement on the matter. [49894/18]
View answerI can confirm that my Department is in receipt of an application under the Summer Works Scheme for a Category 10 - external environment project.
The Summer Works Scheme (SWS) 2016 -2017 was applied on a multi-annual basis. The Deputy will be aware that nearly 50% of schools applied for inclusion under the scheme which reflects a very high demand.
Almost €80 million has been approved to date under the SWS, in respect of over 640 school projects in categories 1 - 6. Details of the successful school applicants are published on my Department's website www.education.ie.
As the Deputy will be aware, Project Ireland 2040 included an announcement of a major package of investment in education for the next decade with the school building budget increasing by 70%. This investment will provide for the continued increase in demographics while also allowing for a greater focus on refurbishment and upgrading of existing school stock. In that context my Department is processing the remaining categories of project under SWS 2016-2017.
86. Deputy James Lawless asked the Minister for Education and Skills the timeframe for the delivery of an IEP report (details supplied); and if he will make a statement on the matter. [49896/18]
View answerAt present, all schools are encouraged to use Education Plans. My Department's Inspectorate's advice is that the majority of schools are now using some form of education planning for children with special educational needs. In line with Circular 30/2014, schools are also required to put in place Personal Pupil Plan including a care plan for all pupils availing of SNA support.
Guidelines for schools on educational planning and monitoring of outcomes and the manner in which they should conduct educational planning, through the Student Support File, are contained in the Guidelines for Schools: Supporting Children and Young People with Special Educational Needs in Mainstream Schools, available at:
www.education.ie/en/The-Education-System/Special-Education/Guidelines-for-Primary-Schools-Supporting-Pupils-with-Special-Educational-Needs-in-Mainstream-Schools.pdf.
Matters such as this are best resolved between the parent and the school in the first instance. The NCSE is also available to provide support and training around education planning for pupils with special educational needs. Further information is available from the NCSE www.ncse.ie.
87. Deputy Jack Chambers asked the Minister for Education and Skills the status of the development of a new secondary school (details supplied); and if he will make a statement on the matter. [49941/18]
View answerAs the Deputy is aware, the school to which he refers is included in my Department’s 6 year construction programme. The acquisition of a suitable site is required to facilitate this project.
With the assistance of officials in Fingal County Council under the Memorandum of Understanding for the acquisition of school sites a number of site options were identified. These were comprehensively assessed and a preferred site option has been identified. Negotiations with the landowner in respect of the proposed acquisition of this site are currently at an advanced stage and officials are working to bring matters to a conclusion at the earliest possible date.
Due to commercial sensitivities relating to site acquisitions generally, the Deputy will appreciate that I am not in a position to provide further details at this time but I can confirm that the school patron is being kept appraised of developments in respect of the site acquisition process.
Once the site for the school is secured the project to deliver the school's permanent accommodation can progress into architectural planning. In the interim the school is based since September 2018 at the former Institute of Horology property, Mill Road, Blanchardstown, Dublin 15 on a temporary basis.
88. Deputy James Browne asked the Minister for Education and Skills if he will examine the case of a school (details supplied) and its need for additional accommodation; when prefabs will be installed for the school; if he is satisfied that the school must pay for the employment of an additional adult to be based off campus for child protection reasons; if he will examine the school’s financial situation; and when the new information and communication technology classrooms grant will issue. [49951/18]
View answer90. Deputy Paul Kehoe asked the Minister for Education and Skills when a school (details supplied) can expect the installation of a portacabin; and if he will make a statement on the matter. [49974/18]
View answerI propose to take Questions Nos. 88 and 90 together.
The school referred to by the Deputy was established in September 2015 under the patronage divesting process. In order to facilitate the opening of the school, its initial establishment, as with most new schools, has been in interim start-up accommodation, pending a permanent school becoming available.
In order to cater for the school's growing enrolment numbers, additional interim accommodation was required and in this regard, my Department devolved the delivery of this additional interim accommodation to the school patron body.
I understand from the school patron that consultant architects to oversee the provision of the additional accommodation have been appointed, planning permission has been secured and contracts are currently being signed with the contractor. The Patron has indicated that the necessary additional accommodation will be delivered in late January, 2019.
In the meantime, part of the school is operating from a rented premises, in line with the arrangement put in place by the school authorities. The day-to-day running costs for schools are covered by capitation grants, which would allow for any temporary expenses incurred.
It is open to the school authorities to apply for an ICT grant to equip the additional interim accommodation and my Department has yet to receive an application from the school in this regard.
89. Deputy Fergus O'Dowd asked the Minister for Education and Skills the status of the proposed LMETB headquarters project in Drogheda, County Louth; and if he will make a statement on the matter. [49952/18]
View answerAs the Deputy is aware, the project to which he refers has been devolved for delivery to the local Education and Training Board (LMETB).
We expect to finalise the design-related issues that have arisen with this project very shortly. A change in the brief for the project and the re-tendering of the project will be required in that context.
91. Deputy Bernard J. Durkan asked the Minister for Education and Skills the procedure to be followed by persons (details supplied); and if he will make a statement on the matter. [50015/18]
View answerMy Department understands that the student referred to by the Deputy has returned to school. This follows a Section 29 Appeal that was upheld and a direction from my Department on 13 November to the Board of Management to re-admit the student.
92. Deputy Brendan Smith asked the Minister for Education and Skills the status of an application by a school (details supplied) for additional facilities; and if he will make a statement on the matter. [50031/18]
View answerThe school to which the Deputy refers operates under the patronage of the local Education and Training Board (ETB). The ETB recently informed my Department that the long term accommodation needs of the school were being reviewed and that it would revert to my Department when this process had been completed.
My Department understands that the review has now been concluded and that the ETB will be making a proposal to my Department on the long-term needs of the area where the school in question is located. My Department will consider this proposal when received and it will revert to the ETB as quickly as possible with a decision in the matter.
.
93. Deputy Brendan Smith asked the Minister for Education and Skills when a long-approved building project for a school (details supplied) will proceed to the next stage in view of the inadequate accommodation at the school at present; and if he will make a statement on the matter. [50032/18]
View answerThe school to which the Deputy refers operates under the patronage of the local Education and Training Board (ETB). The ETB recently informed my Department that the long term accommodation needs of the school were being reviewed and that it would revert to my Department when this process had been completed.
My Department understands that the review has now been concluded and that the ETB will be making a proposal to my Department on the long-term needs of the area where the school in question is located. My Department will consider this proposal when received and it will revert to the ETB as quickly as possible with a decision in the matter.
94. Deputy John Lahart asked the Minister for Justice and Equality the third level apprenticeship, job opportunities, supports and interventions available for young adults with autism; and if he will make a statement on the matter. [49860/18]
View answerThe National Disability Inclusion Strategy 2017 – 2021, which is coordinated by the Department of Justice and Equality, is the key framework for policy and action to address the needs of people with disabilities.
Among the actions included in the Inclusion Strategy is the implementation of the Comprehensive Employment Strategy for People with Disabilities, which was launched in October 2015. The Strategy sets out a ten-year approach to ensuring that people with disabilities who are willing and able to work, are supported and enabled to do so. It is a cross-government approach that brings together actions by different departments and state agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment.
The Strategy's six strategic priorities are to:
- Build skills, capacity and independence;
- Provide bridges and supports into work;
- Make work pay;
- Promote job retention and re-entry to work;
- Provide coordinated and seamless support;
- Engage employers.
The Strategy is overseen by an implementation group (on which AsIAm, the charity and advocacy organisation for the autism community is represented), which was established under the independent chairmanship of Fergus Finlay. This group, which includes the National Disability Authority (NDA), members of the Disability Stakeholders Group and key government departments is tasked with monitoring the progress of the above six strategic priorities, ensuring that each Government Department is fulfilling its obligations and meeting its targets.
The Strategy contains commitments in relation to:
- An increase in the public service employment target on a phased basis from 3% to 6%.
- Special public service competitions for people with disabilities and the opening up of alternative recruitment channels for people with disabilities.
- The provision of an employer helpline to provide peer support to employers in relation to the employment of staff with disabilities, which was established in 2016.
- The Comprehensive Employment Strategy Annual Report for 2018 is currently being prepared and it will be available at justice.ie when it is published early in the new year.
95. Deputy Brendan Smith asked the Minister for Justice and Equality the progress to date in establishing a dedicated fraud unit within An Garda Síochána in view of recent comments in relation to the urgent need to establish same (details supplied); and if he will make a statement on the matter. [50043/18]
View answerThe Deputy will be aware that the Cost of Insurance Working Group proposed exploring the possibility that a specific unit, funded by the insurance industry, be established within the Garda National Economic Crime Bureau (GNECB) to tackle insurance fraud.
I can inform the Deputy that the GNECB had exploratory talks with Insurance Ireland in relation to this matter, and submitted a mechanism for further cooperation to Insurance Ireland in 2017. Following receipt of the reply from Insurance Ireland in July 2018, I met with the GNECB and the Assistant Commissioner, Special Crime Operations, on 30 August 2018 to discuss this recommendation further. Following those discussions, I understand the recommendation is receiving further consideration within An Garda Síochána.
Insurance fraud is one of the central themes which has arisen out of the cost of insurance review and a number of recommendations relate to measures to combat fraud in the insurance sector. I am aware that Insurance Ireland held its Annual Fraud Conference on 23 November 2018 and that the former High Court President, Mr Nicholas Kearns, was among the conference speakers.
Judge Kearns chaired a Fraud Roundtable, a sub-group of the Cost of Insurance Working Group, overseen by the Minister of State at the Department of Finance, Mr Michael D'Arcy, T.D. The Fraud Roundtable is comprised of officials from my Department; An Garda Síochána; the Office of the DPP; the Courts Service; Insurance Ireland; as well as the Department of Finance. This forum has made a valuable contribution to the cost of insurance review, focussing specifically on insurance fraud, including the reporting of suspected fraudulent insurance claims to the Gardaí and where fraud or exaggeration is identified during a court hearing. The Roundtable has also consulted with relevant stakeholders to inform its deliberations, resulting in the publication of revised 'Guidelines for the Reporting of Allegations of Fraudulent Insurance Claims to An Garda Síochána' by An Garda Síochána on 1 October 2018.
I am aware that the Minister D'Arcy intends to meet with the Garda Commissioner in December to discuss this recommendation.
My officials remain in close, ongoing contact with An Garda Síochána in relation to this matter.
96. Deputy Eamon Ryan asked the Minister for Justice and Equality the status of plans to legislate for a hate crime to be considered as an aggravating factor in the sentencing of crimes; and if he will make a statement on the matter. [49978/18]
View answerThere is a wide body of criminal law which is used to combat hate crimes. Where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences through the wider criminal law. The trial judge can take aggravating factors, including homophobic or racist motivation, into account at sentencing.
There is also specific legislation in place in the form of the Prohibition of Incitement to Hatred Act 1989 which creates offences of incitement to hatred on account of race, religion, nationality, ethnic origin or sexual orientation. Under the provisions of the Act, it is an offence to use words, engage in behaviour, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or are likely, to stir up hatred. “Hatred” is defined as “hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation.” The provisions of the 1989 Act are currently under review within my Department.
There has been significant research carried out into the nature and prevalence of hate crimes in Ireland recently, notably the 'Lifecycle of a Hate Crime' report published by the Irish Council for Civil Liberties and the University of Limerick. This work provides important input into Government policy around hate crimes and Minister Stanton has met with the authors of this report to gain insight into their research.
Minister Stanton and I remain committed to ensuring that Ireland is a safe and secure country for all who live here, regardless of their identity.
97. Deputy Maurice Quinlivan asked the Minister for Justice and Equality the number of murders in each of the years 2010 to 2017 and to date in 2018; the location in which each took place in tabular form; and if he will make a statement on the matter. [49865/18]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics and I have requested that the CSO forward the relevant information to the Deputy as soon as possible.
The Deputy will also be aware An Garda Síochána initiated a review of homicide classifications, initially for the period 2013-2015 but later extending the review to cover the period 2003-2017. An Garda Síochána is currently working, in conjunction with the CSO and the Policing Authority, to resolve this issue. This is obviously a time consuming and complex process but it is important that both An Garda Síochána and the CSO are confident that their data is robust and accurate so that the public can have confidence in the data which informs the development of effective policies by the Department of Justice and Equality. The review by An Garda Síochána has not been published as it is not yet complete, however the details will be made public on completion.
While the most recent publication of the official recorded crime statistics for Q2 2018 remain 'Under Reservation', it is important to note the CSO, in conjunction with An Garda Síochána, continue to make good progress on returning the crime figures to the higher standard expected of our national crime statistics. I am determined that this body of work be completed as soon as possible and I welcome the continued diligence of the Policing Authority in monitoring this matter.
98. Deputy Sean Fleming asked the Minister for Justice and Equality when Garda clearance will be approved for a person (details supplied); and if he will make a statement on the matter. [49876/18]
View answerAs the Deputy will appreciate, given the nature of the functions of the Irish Prison Service, it is necessary for checks, secondary and in addition to vetting, to be carried out on persons considered for employment in the Irish Prison Service.
These checks can take time to complete for a variety of reasons depending on the individual case. However, I can assure the Deputy that every effort is made to expedite this process to the greatest extent possible and to ensure that there is no undue delay arising.
I have been in contact with the Garda Authorities to make the necessary enquiries in respect of the individual case the Deputy has raised and I will correspond directly with the Deputy when they have been completed.
99. Deputy Clare Daly asked the Minister for Justice and Equality the number of persons in the past three years that have received civil legal aid from the Legal Aid Board in order to proceed with claims of discrimination under equality legislation against licensed premises; the number of these cases that were successful; and if he will make a statement on the matter. [49935/18]
View answerThe provision of civil legal aid in the State is delivered by the Legal Aid Board pursuant to the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017.
Civil legal aid is available for a wide variety of civil matters including applications to the District Court for redress under section 19(2) of the Intoxicating Liquor Act 2003, where the applicant claims that discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of a person in contravention of Part II (Discrimination and Related Activities) of the Equal Status Act 2000 has been directed towards himself or herself on, or at the point of entry to, licensed premises.
All applicants for civil legal aid, including in connection with such proceedings, must meet the financial eligibility criteria under section 29 of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2017. The application must meet the merits criteria in sections 24 and 28(2) of the 1995 Act. These criteria include whether the applicant is reasonably likely to be successful in the proceedings, assuming that the facts put forward by him or her in relation to the proceedings are proved before the court or tribunal concerned.
The Board has not, in the time available to it to do so, been able to identify any case in the past three years where legal aid has been granted for an application pursuant to section 19(2) of the 2003 Act.
100. Deputy Michael McGrath asked the Minister for Justice and Equality the details of the Garda approach to monitoring persons who are on the register of sex offenders; the responsibilities of the person on the register to inform gardaí of their movements; the position in relation to concerns in the local community that a person on the register is living in its area; and if he will make a statement on the matter. [49943/18]
View answerAs the Deputy may be aware, the Sex Offenders Act 2001 provides for the monitoring of convicted sex offenders in the community. Under the 2001 Act, a person who has been convicted of a sexual offence must notify the Garda Síochána of their name and address within seven days. Where a sex offender is sentenced to a term of imprisonment of 2 years or more, he or she will be subject to notification requirements for a period of indefinite duration. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State.
The 2001 Act also provides for sex offenders orders where the court can prohibit a convicted sex offender from doing things with a view to protecting the public from harm.
All offenders subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State. I am informed that the nominated Inspector in each Division has access to all necessary resources within his/her Division to assist him/her in carrying out his/her duties. Where An Garda Síochána becomes aware that an offender subject to the notification requirements has breached those requirements, appropriate action is taken. I am advised that the appropriate level of monitoring is carried out by An Garda Síochána and all breaches of the requirements which come to notice are pursued.
In situations where the Garda authorities become aware that a convicted sex offender has left or is intending to leave the State, the Sex Offender Management and Intelligence Unit ensures that the relevant law enforcement agency in the country of destination is advised via Interpol.
The Government has introduced the Criminal Law (Sexual Offences) (Amendment) Bill 2018 which provides for presumptive minimum sentences for repeat sex offenders. This Bill is based on existing legislative precedent for presumptive minimum sentences and its introduction is not intended to impact on the review of the principle behind mandatory sentences, which is ongoing. In addition, I intend to bring to Government a Sex Offenders (Amendment) Bill which will strengthen the monitoring of sex offenders in the community, including reducing the notification period from seven to three days. On 28 November, the Scheme of this Bill was subject to pre-legislative scrutiny by the Joint Oireachtas Committee on Justice and Equality.
