Written Answers Nos. 81-90
81. Deputy James Browne asked the Taoiseach and Minister for Defence the position regarding legal advice provided to his Department concerning State assurances for Civil Defence; when his Department received this legal advice; and if he will make a statement on the matter. [21002/19]
View answerThe Pre Hospital Emergency Care Council (PHECC) is the regulator for emergency medical services in Ireland and their role is to protect the public. The Pre Hospital Emergency Care Council require organisations who wish to be operational, to apply to them for an annual licence to operate.
Organisations wishing to hold a licence to operate must sign the “statutory declaration” which consists of 25 statements. Persons signing the “statutory declaration” confirm the information provided on the form is true and by virtue of the Statutory Declaration Act, 1938.
When the Civil Defence’s current licence was up for renewal in November 2018, my officials reviewed the current statutory declaration. That review identified issues that required my officials to seek legal advice. The concerns related to some assurances and details which the Department were required to give as part of the licensing process. The necessary details required to complete the licence application form were not within the control or remit of the Department of Defence as responsibility for operations rests with local authorities as set out in the 2015 Government White Paper on Defence.
Based on this review, the Pre Hospital Emergency Care Council extended Civil Defence’s current licence to 30 July 2019. This was to allow my Department officials engage with local authorities. This engagement is ongoing.
82. Deputy James Browne asked the Taoiseach and Minister for Defence the way in which he plans to ensure that the licence renewal for the Civil Defence will be facilitated; and if he will make a statement on the matter. [21003/19]
View answerCivil Defence is a volunteer based organisation of approximately 3,500 volunteers who give generously of their time and expertise for their community and in support of the Principal Response Agencies.
The 2015 Government White Paper on Defence outlines that the Civil Defence Branch of my Department is responsible for the strategic management and development of Civil Defence at a national level. My Department provides grant aid, policy advice and training to support local Civil Defence units. The White Paper recognises the important role of Local Government in the management of Civil Defence. The Civil Defence Officer who is an employee of the Local Authority is responsible for the day-to-day management of Civil Defence in their Local Authority area.
I fully appreciate the excellent services provided by Civil Defence volunteers in both emergency situations, in support of the Principal Response Agencies, and in the community support role, throughout the country. A key role provided by Civil Defence is in the area of first aid and medical support.
In that context, my officials have been working to resolve the Pre-Hospital Emergency Care Council licensing issue. My officials have been and continue to engage with Local Authority management through the Environment, Climate Change and Emergency Planning subcommittee of the City and County Managers Association and with senior management of the Pre Hospital Emergency Care Council.
I have asked my officials to continue to engage constructively to ensure there is no diminution in the level of care and first aid cover that Civil Defence volunteers provide beyond 30 July 2019.
83. Deputy Jack Chambers asked the Taoiseach and Minister for Defence if he will reinstate the 10% UN overseas mission allowance previously awarded to Defence Forces personnel; and if he will make a statement on the matter. [21013/19]
View answerIn accordance with the Public Service Stability Agreement, 2013-2016, (the Haddington Road Agreement), all sectors across the public service were required to contribute to additional pay and productivity measures. Other sectors delivered these savings through a variety of approaches including additional working time and reduced rates of overtime payments.
The contribution from the Defence Sector included a further reduction of 10% on the rate of certain allowances payable to the Defence Forces, including Overseas Allowances, as part of the cost saving measures to be secured under the agreement. The Permanent Defence Force Representative Associations signed up to this agreement in July 2013.
Defence Forces pay is increasing in accordance with recent public sector pay agreements. The Public Service Stability Agreement 2018-2020, which was considered and accepted by the Permanent Defence Force Representative Associations, provides for further increases in pay, ranging from 6.2% to 7.4% over the lifetime of the agreement, with the focus of the agreement once again being on the lower paid. The increases due in 2018 and from 1 January 2019 have been paid to Permanent Defence Force personnel. Further increases in pay are scheduled for 2019 and 2020.
By the end of the agreement (end 2020), the pay scales of all public servants encompassed by the Agreement, (including members of the Permanent Defence Force), earning up to €70,000, will be restored to pre-FEMPI levels.
The Public Service Pay Commission is currently examining recruitment and retention issues in the Defence sector. The Commission is due to complete their report in the coming days. The Government will give due consideration to the findings and recommendations that arise from the Commission.
84. Deputy Clare Daly asked the Taoiseach and Minister for Defence if his attention has been drawn to the fact that Defence Forces personnel have located the recommendations for military honours made by a person (details supplied) for their subordinates at Jadotville; and if he will commence a review of all recommendations for military awards from 1958 to date in order that the men of Jadotville and all others with outstanding medal recommendations now receive the medals to which they are entitled. [21034/19]
View answerThe siege of Jadotville was a prominent event that occurred during Ireland's peacekeeping mission in the Congo in September 1961. "A" Company, 35th Infantry Battalion took responsibility for the UN post at Jadotville on 3rd September 1961. On the 9th September, a large force of Katangese Gendarmerie surrounded them and early on the morning of the 13th September "A" Company came under attack. From the 13th to the 17th September they endured almost continuous attack. They were taken into captivity on the 17th September and remained in captivity until finally released on the 25th October 1961.
In accordance with Defence Forces regulations the award of medals for bravery is time bound. These may not be awarded in any case unless a recommendation is made through the usual channels to the Chief of Staff, not later than two years in the case of the Military Medal for Gallantry, and not later than four years in the case of the Distinguished Service Medal, after the performance of the act in respect of which the recommendation is made. Such awards are made on the recommendation of a Military Board appointed by the Chief of Staff for the purpose of examining and reporting on every recommendation for an award.
The issue of the award of medals to the men of “A” Company, 35th Infantry Battalion was comprehensively addressed in 1965. A properly constituted Medals Board considered the various cases presented and made a decision that no medals would be awarded. The Chief of Staff of the day considered the decision of the Board and was satisfied with the findings. Subsequently at that time, the question was raised again in a letter to a newly appointed Chief of Staff. He forwarded the letter to the original Medals Board and asked that they reconvene and review their decision. The Board indicated that the issues raised had received due consideration and that they were not prepared to alter their findings.
A review was conducted in 2004 by military officers for the purpose of a broader examination of the Jadotville case. This Board recommended that the events of Jadotville and the contribution of the 35th Battalion be given recognition. In this context, a number of measures have taken place to honour and to commemorate the events at Jadotville and the very significant contribution of “A” Company and of the 35th Battalion, as a whole, to the UN Peace Support Mission in the Congo.
Recognition of their contribution over the years include:
A. A presentation of scrolls to "A" Company in 2006.
B. Portraits of Lt Col McNamee (35th Battalion Commander) and Comdt Quinlan (Company Commander “A” Company) were commissioned in 2006.
C. In July of 2010 the 50th anniversary of the first deployment to the Congo was commemorated in a highly publicised and well attended event in Casement Aerodrome, Baldonnel.
D. A nominal roll of “A” Company, printed in copper, was affixed to the monument in Costume Barracks and was unveiled as part of the 50th Anniversary of the Jadotville affair in September 2011.
E. On the occasion of the 55th anniversary of the Siege of Jadotville, I decided to issue a Unit Citation to honour the collective actions and bravery of the men of “A” Company. This was the first time a Unit Citation was awarded within the Defence Forces and I was delighted to be able to formally recognise the brave actions of these men.
Furthermore, on 13th June 2017, the Government decided, as an exceptional step, to award a medal known as “An Bonn Jadotville” or “The Jadotville Medal” to each member of “A” Company, 35th Infantry Battalion and to the family representatives of deceased members to give full and due recognition in honour of their courageous actions at the Siege of Jadotville. This medal presentation ceremony took place on 2nd December 2017 in Custume Barracks, Athlone. This location is considered the spiritual home of “A” Company and it is from here that “A” company assembled in advance of their fateful deployment to the Congo.
Concerning the documents you refer to, Officials in my Department have examined all documents that have been submitted to date for consideration and have discussed them with Defence Forces management. Having consulted with the Defence Forces, it has been determined that those papers did not produce any new material or evidence that was not already considered. If additional documentation is made available which could throw new light on the circumstances on the issue of medals, this would be greatly welcomed. My Department stands ready to give full and careful consideration to any documents provided to it on the matter of Jadotville.
85. Deputy Róisín Shortall asked the Taoiseach and Minister for Defence the action he is taking to address the low levels of pay in the Defence Forces. [21112/19]
View answerSimilar to other sectors in the public service, the pay of Permanent Defence Force personnel was reduced as one of the measures to assist in stabilising national finances during the financial crisis.
The recovery in the economy has provided the fiscal resources to allow for an affordable and sustainable recovery in the public service pay scales.
Pay is being restored to members of the Defence Forces and other public servants in accordance with public sector pay agreements. The focus of these increases is weighted in favour of those on lower pay.
Members of the Permanent Defence Force have received the pay increases due under the Lansdowne Road Agreement. In addition in 2017, following negotiations with PDFORRA, improved pay scales for general service recruits and privates who joined the Permanent Defence Force post 1 January 2013, were implemented.
The Public Service Stability Agreement 2018-2020, provides for increases in pay ranging from 6.2% to 7.4% over the lifetime of the Agreement. The increases due under the agreement from 1 January 2018, 1 October 2018 and 1 January 2019, have been paid to Permanent Defence Force personnel. Further increases in pay are scheduled in 2019 and 2020.
New entrants who joined the Defence Forces since 2011, may also benefit from the measures which will see interventions at points 4 and 8 of the pay scales for all such relevant new entrants to the public service.
The Public Service Pay Commission is currently examining recruitment and retention issues in the Defence sector. The Commission's work is on-going. The Government will give due consideration to the findings and recommendations that arise from the work of the Commission.
86. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to new proposals from the British Government regarding customs checks on trade between Ireland and Britain; and if he will make a statement on the matter. [21021/19]
View answerI understand that the Deputy is referring to the proposals released by the British Government in March 2019 in respect of arrangements in a no deal Brexit scenario. The Government has analysed the detail of the UK proposals and their potential impact, together with our EU partners.
Any tariff regime would be extremely serious for Irish exporters, particularly for agri-food exports. That is why we have worked so hard to secure the Withdrawal Agreement that would enable both sides to negotiate a future relationship agreement with the aim of avoiding tariffs and quotas. We remain firmly of the view that ratification of the Withdrawal Agreement will enable both sides to negotiate a future relationship agreement avoiding tariffs and quotas.
We welcome the decision of the April European Council to grant an extension, at the UK's request, to the Article 50 process.
However, given the ongoing political uncertainty in London, the risk of no deal has not been entirely averted. Responsibility for avoiding a no deal scenario now lies firmly with the UK and Westminster. We hope that the ongoing cross-party talks between the UK Government and the Official Opposition will lead to a positive outcome.
Our core objective continues to be to avoid a hard border on the island of Ireland, protecting the peace process and the Good Friday Agreement and safeguarding the integrity of the Single Market and Customs Union. Those objectives remain constant, including in a no deal scenario. In all scenarios, as co-guarantors, the Irish and UK Governments will continue to have obligations under the Good Friday agreement to ensure peace and stability in Northern Ireland.
87. Deputy Lisa Chambers asked the Tánaiste and Minister for Foreign Affairs and Trade the details of the memorandum of understanding signed with the United Kingdom relating to Brexit to include all citizens rights and reciprocal arrangements contained within; and if he will make a statement on the matter. [21044/19]
View answer88. Deputy Lisa Chambers asked the Tánaiste and Minister for Foreign Affairs and Trade if he has explored other options to protect citizens' rights and reciprocal arrangements between Ireland and the United Kingdom other than the memorandum of understanding signed with the United Kingdom. [21046/19]
View answer89. Deputy Lisa Chambers asked the Tánaiste and Minister for Foreign Affairs and Trade if he has explored the possibility of an international treaty on mutual rights between Ireland and the United Kingdom; and his views on same. [21047/19]
View answerI propose to take Questions Nos. 87 to 89, inclusive, together.
Together with UK Cabinet Office Minister David Lidington, I signed a Memorandum of Understanding between Ireland and the United Kingdom on the Common Travel Area (CTA) and its associated reciprocal rights and privileges in London on 8 May, immediately prior to the meeting of the British-Irish Intergovernmental Conference.
In signing this Memorandum, we reaffirmed the commitment of both Governments to maintain the CTA in all circumstances, this also being the first time the arrangement has been formalised in this overarching way.
The new Memorandum of Understanding (MOU) is the culmination of over two years’ work, involving several Government Ministers and their respective Departments working closely together, as well as with their British counterparts. It reaffirms the existing CTA arrangements between Ireland and the UK and recognises the shared commitment of both to protect the associated reciprocal rights and privileges as a legitimate and fundamental public policy. The MOU further reaffirms the status that Irish and British citizens enjoy in each other’s State, including the associated reciprocal rights and privileges. It confirms our shared intention to provide further certainty and clarity to Irish and British citizens, and to those responsible for delivering relevant services, about the associated reciprocal rights and privileges. It commits to ensuring that any necessary legislative steps are taken to give effect to the associated reciprocal rights and privileges. Oversight will be provided by a group of senior officials from each jurisdiction.
As well as the East-West dimension, the CTA arrangements also underpin the Good Friday Agreement in all its parts, as well as the cross-border freedoms central to the lives and livelihoods of the people of Northern Ireland and the border region.
At a time when there has been uncertainty caused by the potential outcomes of Brexit, the MOU provides clarity and assurance for citizens of both countries. They do not need to take any action to protect their status and associated rights under the CTA.
I can assure the Deputy that all options, including an international treaty, were carefully considered at the outset of the negotiations. In view of how the CTA has developed incrementally over the decades and of how it has proven itself robust and adaptable to evolving circumstances, Ireland and the UK both agreed that an MOU was the most appropriate vehicle to express our shared commitment to the CTA. We arrived at the shared view that the very flexibility and durability of the arrangements would be best served by an MOU. As well as codifying the CTA for the first time and setting out what it covers, the MOU is a very clear and solemn expression of the two Governments’ firm commitment to the maintenance of the arrangements and is a key example of continued positive British-Irish engagement and cooperation.
90. Deputy Declan Breathnach asked the Minister for Finance if his attention has been drawn to an anomaly causing discrimination to public service pensioners by which public service pensioners pay USC on their pension payments whereas social protection pension payments are not subject to USC; if his attention has been drawn to the fact that those in receipt of social protection pensions are able to earn an additional €13,000 in occupational pension payments, bringing their total above many public service pensions and still not be liable to USC; and if he will make a statement on the matter. [20996/19]
View answerThe Universal Social Charge (USC) was introduced in Budget 2011 to replace the Income Levy and Health Levy. It was a necessary measure to widen the tax base, remove poverty traps and maintain revenue to reduce the budget deficit. It is a more sustainable charge than those it replaced and is applied at a low rate on a wide base. However, the base for USC does not include payments made by the Department of Employment Affairs & Social Protection, including the State pension.
As the Deputy may be aware, the USC was reviewed by my Department in 2011 and the issue of USC applying to occupational pensions of retired public service individuals who entered the public service before April 1995 was examined as part of that review. Such individuals are (or were) liable to modified rate PRSI, which does not generate an entitlement to the State Pension. In retirement therefore they receive an occupational pension only, and do not receive a separate State Pension unless as a result of PRSI contributions made in another employment during their working life.
It was decided not to exempt the occupational pensions of these individuals from the USC charge as an exemption would be very costly and difficult to achieve, and it could involve all income earners with the equivalent income benefitting from the exemption. In addition, it would also undermine the principle of the USC being applied to income with few exceptions.
However, as a result of the review of the USC, in Budget 2012 the entry threshold to USC was increased from €4,004 to €10,036 per annum, and the threshold was subsequently increased further in Budgets 2015 and 2016, to the current threshold of €13,000. This exemption threshold equalises the position for single individuals whose sole source of income is the State Contributory Pension with public service pensioners whose pension is at an equivalent level. It is estimated that over 750,000 income earners will not be liable to USC in 2019.
In the last number of Budgets, the Government has been introducing targeted changes to the income tax system within available resources to make steady and sustainable progress in reducing the income tax burden, focusing on low and middle income earners. This has been done by making targeted changes to the USC and also by increasing the entry point to the higher rate of income tax.
It is the Government’s position that earners start to pay the marginal rate of income tax at too low a level and we are committed to reducing excessive tax rates for low and middle income earners while also keeping the tax base broad. It is expected that continued progress in this area will also be made in the context of limited resources available in Budget 2020, balanced against all of the competing demands.
