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Thursday, 1 Feb 2024

Written Answers Nos. 160-179

Middle East

Questions (160, 164, 165)

Mairéad Farrell

Question:

160. Deputy Mairéad Farrell asked the Tánaiste and Minister for Foreign Affairs the steps he is taking to ensure that the order made by the ICJ to prevent genocide in Gaza is followed; and if he will make a statement on the matter. [4768/24]

View answer

Paul Donnelly

Question:

164. Deputy Paul Donnelly asked the Tánaiste and Minister for Foreign Affairs if he will urgently conduct a detailed assessment of whether there is a risk that genocide is being committed in the context of the war in Gaza as a first step towards fulfilling Ireland’s duty to prevent genocide under the Genocide Convention of 1948. [4907/24]

View answer

Paul Donnelly

Question:

165. Deputy Paul Donnelly asked the Tánaiste and Minister for Foreign Affairs if he will join the case as an intervener in support of South Africa’s case in the International Court of Justice as soon as possible. [4908/24]

View answer

Written answers

I propose to take Questions Nos. 160, 164 and 165 together.

I very much welcome the decision by the International Court of Justice to order provisional measures in the South Africa v Israel case last week.

In particular, the Court’s order to Israel to ensure its military does not commit actions prohibited under the Genocide Convention - and takes immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance in Gaza - are very significant.

The Court’s Order is legally binding. As I set out in my statement on the case on Friday, Israel must urgently implement all provisional measures set out in the Order, and the Government will be closely monitoring their implementation by Israel.

I have called for humanitarian access and the protection of civilians since the very beginning of the conflict. We continue to call for an immediate humanitarian ceasefire; the unconditional release of all hostages; and full, safe and unhindered humanitarian access.  

I have asked my Department to conduct a detailed and rigorous legal analysis of the provisional measures ordered by the Court and to consult with partners – including South Africa – with a view to deciding whether Ireland should seek to intervene in this case.

Interventions by states in cases such as this one do not result in the intervening state joining one side of the dispute or the other. Rather, interventions aim to assert a legal interpretation of the issue at hand, or to protect an interest of a legal nature that may be affected by the Court’s decision.

States usually seek the Court’s permission to intervene only once the applicant, in this case South Africa, has filed its memorial, which is likely to take some months. This is what occurred in the other recent cases in respect of the Genocide Convention, including Ukraine v Russia and The Gambia v Myanmar.

In the meantime, Ireland is participating in an ongoing advisory opinion case at the ICJ related to Israeli practices and policies in the occupied Palestinian territory. The Attorney General will represent Ireland in oral hearings in this case next month.

The Prosecutor of the International Criminal Court is also continuing to investigate serious allegations of crimes against humanity and war crimes committed in and from Gaza, in the context of a wider investigation into the situation in Palestine.

EU Funding

Questions (161)

Carol Nolan

Question:

161. Deputy Carol Nolan asked the Tánaiste and Minister for Foreign Affairs if he is aware of recent reporting that the EU has developed a confidential plan to cut-off all EU funding to Hungary in the event that Hungary exercises a veto with respect to EU funding for Ukraine (details supplied); if Ireland is a party to this plan; if Ireland has been involved in drawing up or signing off on this plan. [4808/24]

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Written answers

I understand that the document referred to in the article provided by the Deputy is an internal document produced by the Council Secretariat under its own responsibility. I further understand that this is a factual account of the Hungarian economy and does not reflect the status of the ongoing negotiations. The document note does not outline any specific plan relating to the Multiannual Financial Framework (MFF) and Ukraine Facility, nor does it outline any plan relating to Hungary. Negotiations are ongoing; and have always been based on finding a compromise acceptable to all 27 EU Member States.

Structured and multiannual financial support to Ukraine continues to be Ireland’s most significant priority under the Mid-Term Revision of the MFF. It is important that the EU shows leadership by agreeing on a financing solution for Ukraine as soon as possible. It is also important that we send a strong signal to Russia on our united and unwavering position in support of Ukraine. 

I hope that Hungary will join other EU Member States in supporting Ukraine on 1 February. Ireland will work constructively with all Member States to find a way forward and deliver the critical financial support.

Consular Services

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs what steps can be taken in the case of a person (details supplied); and if he will make a statement on the matter. [4854/24]

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Written answers

I can assure the Deputy that officials in my Department have been in regular contact with the Irish citizen in this case and are continuing to provide consular assistance and guidance. I have met personally with the citizen concerned and provided clear advice. 

I can appreciate that the circumstances of this case are difficult for all concerned. The Embassy of Ireland has engaged with the relevant Ministry of Justice on the matter and has provided advice to the citizen accordingly.

Departmental and Embassy officials have advised the citizen, since the case began, to engage with a local lawyer to best advise on the laws as they pertain to the jurisdiction in question. The Embassy of Ireland has also liaised with other EU Embassies, whose citizens have been in similar circumstances, in the context of the consular advice being given to the citizen.

The Department of Foreign Affairs cannot intervene in legal or custodial matters but my officials will continue to provide consular assistance to the citizen where possible and appropriate.

Diplomatic Representation

Questions (163)

Seán Haughey

Question:

163. Deputy Seán Haughey asked the Tánaiste and Minister for Foreign Affairs if there are plans to open an embassy in Pakistan; and if he will make a statement on the matter. [4906/24]

View answer

Written answers

I am pleased to confirm that, following Government approval on 7 September 2022, Ireland will open a resident Embassy in Islamabad, Pakistan this year.

The decision to open a mission in Pakistan is part of the Government’s Global Ireland strategy, which seeks a doubling of Ireland’s global footprint and influence, including through an expanded and strengthened diplomatic presence.

The Embassy will support the strategic objectives of Ireland’s renewed Asia-Pacific Strategy, by deepening our bilateral relations with Pakistan and reinforcing our understanding of regional dynamics.

On 14 November last, the Government approved the nomination of Ms. Mary O’Neill as Ireland’s first resident Ambassador to Pakistan. It is envisaged that the Ambassador will commence her assignment later this year.

In the meantime, the Embassy of Ireland in Türkiye will remain accredited to Pakistan.

Question No. 164 answered with Question No. 160.
Question No. 165 answered with Question No. 160.

Middle East

Questions (166)

Paul Donnelly

Question:

166. Deputy Paul Donnelly asked the Tánaiste and Minister for Foreign Affairs if he will continue to do everything in his power to ensure a permanent ceasefire and unhindered humanitarian assistance is provided for the people of Gaza. [4909/24]

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Written answers

Ireland was among the first countries to call for an immediate humanitarian ceasefire and this remains a central focus of my continuing engagement, in addition to calling for the immediate and unconditional release of all hostages held by Hamas in Gaza, and a massive scale up in humanitarian assistance, through full, safe and unhindered humanitarian access.

I will continue to use all the tools we have at our disposal – political, legal, diplomatic and humanitarian to pursue these priorities. This includes my ongoing engagement with regional partners as well as ensuring that Ireland is a leading voice within the European Union and at the United Nations, our continued development and humanitarian assistance to the Palestinian people, and Ireland’s deep and longstanding commitment to international law.

I further note and welcome that, on 26 January, the International Court of Justice ordered provisional measures in the South Africa v Israel case. The Court, inter alia, ordered Israel to take all measures within its power to prevent the commission of all acts within the scope of Article II of the Genocide Convention and to ensure with immediate effect that its military does not commit any such acts. It also ordered Israel to take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance in Gaza. The Court’s order is legally binding and final. Israel must urgently implement all measures.

Local Authorities

Questions (167, 168)

Patrick Costello

Question:

167. Deputy Patrick Costello asked the Minister for the Environment, Climate and Communications the number of fines issued for dog-fouling in each local authority area in the past ten years, and to date in 2023, in tabular form; and if he will make a statement on the matter. [4686/24]

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Patrick Costello

Question:

168. Deputy Patrick Costello asked the Minister for the Environment, Climate and Communications his plans to tackle the scourge of dog fouling across the country; and if he will make a statement on the matter. [4689/24]

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Written answers

I propose to take Questions Nos. 167 and 168 together.

Under the Litter Pollution Act, 1997, the primary responsibility for management and enforcement responses to litter pollution lies with local authorities. It is a matter for each local authority to determine the most appropriate public awareness, enforcement, and clean-up actions in relation to litter taking account of local circumstances and priorities.

My Department does not collate statistics on the number of fines issued by Local Authorities in relation to specific litter offences, such as dog fouling offences. Questions in relation to the number of litter fines issued in each county should be directed to the relevant local authority.

My Department provides financial support to local authority efforts to tackle litter through the Anti-Litter & Anti-Graffiti Awareness Grant Scheme.  €750,000 was provided under this Scheme in 2023 with a similar amount expected to be made available in 2024.

Funding is also provided annually in support of a number of important anti-litter initiatives such as the National Spring Clean, Picker Pals, the PURE Project and Irish Business against Litter.

Question No. 168 answered with Question No. 167.

Pension Provisions

Questions (169, 170)

Dara Calleary

Question:

169. Deputy Dara Calleary asked the Minister for the Environment, Climate and Communications if he received a request from a company (details supplied) to sanction an increase for members of its pension scheme; if he is conscious that these pensioners are facing income pressures as a consequence of the lack of an increase; if he will give urgent attention to the request; and if he will make a statement on the matter. [4758/24]

View answer

Dara Calleary

Question:

170. Deputy Dara Calleary asked the Minister for the Environment, Climate and Communications the reason it is necessary for a company (details supplied) to seek ministerial permission for a pension increase; what investments have been made by the State in the fund; and if he will make a statement on the matter. [4759/24]

View answer

Written answers

I propose to take Questions Nos. 169 and 170 together.

My Department in conjunction with the Department of Public Expenditure, NDP Delivery and Reform work to ensure that all pension increase requests are processed in a timely manner to ensure that there are minimal delays to the members of such pension schemes.Myself and my colleague, the Minister for Public Expenditure NDP Delivery and Reform, have consented to the 4% increase effective from 1 January 2024, which will now be applied by the ESB Pension Scheme Trustees.

Question No. 170 answered with Question No. 169.

Defence Forces

Questions (171)

Matt Carthy

Question:

171. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the number of enlisted personnel and cadets targeted for recruitment in 2023; the number of each recruited; the increased recruitment target of each for 2024; the additional resources to be provided to facilitate this; and if he will make a statement on the matter. [4767/24]

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Written answers

In December 2022, the military authorities advised that their induction training capacity for 2023 would be 880. 415 personnel were inducted in 2023 comprised of 350 enlisted personnel, 63 cadets and 2 officers. There continues to be a strong pipeline of interest in joining the Defence Forces with some 9,479 applications received in 2023.     

At a recruitment briefing in December 2023, the military authorities outlined that their total projected induction figure for 2024 was 540 i.e. 472 enlisted personnel, 60 cadets and 8 officers. I have instructed that additional enlisted personnel and cadets be recruited in 2024, beyond this figure

Budgetary allocations for the Defence Sector in 2023 and 2024 provided for the recruitment of a net 400 personnel in each of these years.  Recruitment in 2024 is facilitated by the allocation of €1.23 billion for the Defence Sector in Budget 2024.

Electric Vehicles

Questions (172)

Brian Stanley

Question:

172. Deputy Brian Stanley asked the Minister for Transport when the legislation will be enacted to regulate the use of electric scooters; and to outline what is causing the delay. [2900/24]

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Written answers

The Road Traffic and Roads Act 2023 creates a new vehicle category, called powered personal transporters (PPTs), which includes e-scooters. My Department had expected to commence the parts of the Act relating to PPTs, and to introduce regulations for e-scooters, following the EU TRIS process under the Single Market Transparency Directive (EU) 2015/1535. However, some technical and legal issues were identified during drafting, in part taking account of comments received from the EU Commission during the TRIS process, which have delayed their introduction. Regulations for e-scooters are now expected to be in place in Q1 2024. E-scooters will not be legal to use in public places until that time.

The Regulations will specify the technical requirements for e-scooters and conditions for their safe use. Among other requirements, e-scooters may not be used on footpaths or in pedestrianised areas. The use of helmets and personal protective equipment (PPE) will not be mandatory, although strongly recommended by my Department and the Road Safety Authority.

Road Safety

Questions (173)

Martin Kenny

Question:

173. Deputy Martin Kenny asked the Minister for Transport if he can outline what measures he has put in place for local authorities to support road gritting plans in rural Ireland; and if he will make a statement on the matter. [54235/23]

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Written answers

Transport Infrastructure Ireland (TII) has been tasked with managing the central purchase of salt stocks for national, regional and local roads. The upfront cost related to the purchase and stocking of salt for national roads is funded from TII’s grant allocation while the cost for regional and local roads is funded from the Department’s Regional and Local Roads Grant Programme budget. In the case of regional and local roads, a charge for salt used over the previous winter by individual local authorities is deducted from Councils’ Discretionary Grant in the following year. 

While it is open to local authorities to purchase salt independently for regional and local roads, most local authorities draw on the central facility.

TII looks after the management of the central salt stocks for national, regional and local roads with the Department approving salt purchases for regional and local roads. The amount of salt used each year varies depending on the weather and each winter season assessments have to be made in relation to the amount and timing of salt purchases, taking into account usage, stock balances and storage capacity. In this context TII monitors stock drawdowns closely with a view to ensuring that sufficient stocks are in place to meet demand from local authorities.

As regards the gritting of regional and local roads, it is a matter for each Council to determine its winter road treatment programme including the prioritisation of routes for salting/gritting.  

As Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the operation and management of individual national roads is a matter for TII, in conjunction with the local authorities concerned. In this context, TII is best placed to advise you.

Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Tax Code

Questions (174)

Michael Healy-Rae

Question:

174. Deputy Michael Healy-Rae asked the Minister for Transport if he will address a matter (details supplied); and if he will make a statement on the matter. [4685/24]

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Written answers

The rates of motor tax for goods vehicles apply to vehicles which are '...constructed or adapted for use and used for the conveyance of goods, or burden of any other description, in the course of trade or business...'.

In order to verify that a vehicle meets these criteria, the first taxing of a goods vehicle by a vehicle owner must be done at the owner's local motor tax office. Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 provides that a motor tax office shall only issue a licence if it is satisfied that the licence applied for is the appropriate one for the vehicle specified. 

For goods vehicles up to 3,500 kg the vehicle owner must sign a Goods Only Declaration Form RF111A to tax a vehicle at the goods vehicle rate. In this form the owner declares that the vehicle "will be used only as a goods carrying vehicle in the course of my business/trade and will not be used at any time for social, domestic or pleasure purposes."

In addition to form RF111A the motor tax offices can also seek supporting documentation from the vehicle owner, to indicate that the vehicle is only being used in the course of trade or business, including commercial motor insurance details. Based on information received from the vehicle owner the motor tax office makes its decision on the appropriate motor tax rate for the vehicle.

School Transport

Questions (175)

Donnchadh Ó Laoghaire

Question:

175. Deputy Donnchadh Ó Laoghaire asked the Minister for Transport when the application process will open for the Safe Routes to Schools Programme; and if he will make a statement on the matter. [4698/24]

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Written answers

The Safe Routes to School (SRTS) Programme was launched in March 2021 with the aim of supporting walking, scooting, and cycling to primary and post-primary schools, and creating safer walking and cycling routes within communities, through the provision of infrastructure interventions. This should help alleviate congestion at school gates and increase the number of students who walk or cycle to school.  

Invitations to express interest were sent to all primary and secondary schools in the country, and 931 applications were received from schools across every county in Ireland. 170 schools were notified on 21st June 2021 that they were selected for inclusion in the first round of the SRTS Programme, while a further 108 schools were announced for Round 2 in December 2022. It should be noted that all schools that applied to the original call for applications were accepted into the programme, and if not selected in Rounds 1 and 2 will be selected for forthcoming rounds.   

Given the pipeline of projects due for completion, there are no plans for an additional call for schools to join the SRTS programme currently.

Dublin Airport Authority

Questions (176)

Paul Murphy

Question:

176. Deputy Paul Murphy asked the Minister for Transport if he is aware of issues of unanswered complaints from the DAA (details supplied); the body that can investigate the DAA; if he agrees that a new external body needs to be created to handle this process for the DAA; and what actions will he take in relation to this. [4735/24]

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Written answers

As the deputy will be aware, daa has the statutory responsibility for the management, operation and development of Dublin Airport, including dealing with noise complaints at the airport.

Noise mitigation at Dublin Airport is subject to substantial regulation and oversight as well as best practice mitigation measures. These measures are designed to address long-term adverse effects of aircraft noise on health and quality of life, whilst also facilitating the sustainable development of the airport.

The Aircraft Noise Competent Authority (ANCA) which was established in 2019 is the independent regulator for the management of noise at Dublin Airport. 

A Noise Abatement Objective (NAO) is a policy for managing the effects of aircraft noise emissions on the surrounding communities and environment at an airport. It is a plan to ensure that any growth at the airport occurs in the most sustainable manner possible.

A NAO for Dublin Airport was defined by ANCA in 2022 to ensure that aircraft noise is considered as part of the sustainable development of the airport. It has a clear policy objective set against measurable criteria and outcomes.  daa is responsible for introducing and ensuring that airport users comply with noise mitigation measures in place at the airport. 

On an annual basis, ANCA has a remit to review the effectiveness of noise mitigation measures in achieving the NAO for Dublin Airport.

In addition to this, I understand that a review of noise levels and their effects on local communities has been initiated by ANCA.  Through this process, ANCA will determine whether the change in noise impact at the airport since the opening of the new runway is of a scale that requires new noise mitigation measures or operating restrictions. The review which commenced in December 2022 is expected to conclude in the coming months.  

I understand that Dublin Airport provides ANCA with data on complaints logged with its online complaints system "Webtrack" in an annual compliance report.

daa recently informed my Department that to enhance tracking of aircraft using Dublin Airport, daa have added 18 new noise monitoring terminals (16 fixed and two mobile) to the existing system, with 8 further fixed and 1 mobile monitor scheduled to be installed over the coming months.  

daa has assured me they continue to regularly engage with the Community and stakeholders on matters related to noise at the airport.

Rail Network

Questions (177, 178)

Duncan Smith

Question:

177. Deputy Duncan Smith asked the Minister for Transport how many DART carriages have been ordered over the past three years; how many have been ordered to date for 2024; and if he will make a statement on the matter. [4738/24]

View answer

Duncan Smith

Question:

178. Deputy Duncan Smith asked the Minister for Transport how many train carriages have been ordered over the past three years; how many have been ordered to date for 2024; and if he will make a statement on the matter. [4739/24]

View answer

Written answers

I propose to take Questions Nos. 177 and 178 together.

As the Deputy may be aware, there are two major relevant rail carriage capacity enhancement projects underway.

In 2019, Government approval allowed the National Transport Authority (NTA), in consultation with Iarnród Éireann (IÉ), to proceed with the purchase of 41 additional InterCity Railcars to increase capacity across the rail network. The 41 carriages have now arrived and will begin entering service this year. As they are intermediate carriages, they will facilitate the lengthening of existing trains.

Secondly, the DART+ programme comprises the DART+ fleet project. In December 2021, following Government approval, a major framework contract was awarded to Alstom for the manufacture and delivery of up to 750 new rail carriages over 10 years. At this time, as part of the new framework, the first order of new DART carriages was made, comprising 65 battery-electric and 30 electric train carriages. In November 2022, the Government approved a second purchase of rail fleet under the framework, which will see 90 additional battery-electric trains arrive in the coming years.

The first of the new trains are due to arrive later this year, for testing and commissioning before deployment. The 30 electric carriages will be used, at least initially, to augment existing DART train services along the coast. The first batch of 65 battery-electric train carriages are expected to enter service on the Dublin to Drogheda line, in late 2025. To enable the roll-out of these DART trains to Drogheda, new battery-electric charging infrastructure is being developed at Drogheda station. This will allow the DART trains to operate on battery power between Malahide and Drogheda, in advance of the extension of overhead electric wires in future.

Question No. 178 answered with Question No. 177.

Rail Network

Questions (179)

Duncan Smith

Question:

179. Deputy Duncan Smith asked the Minister for Transport what the previously announced €300 million earmarked for the Luas in September 2023 will be used for; and if he will make a statement on the matter. [4740/24]

View answer

Written answers

As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport.  The National Transport Authority (NTA) has responsibility for the planning and development of public transport infrastructure, including light rail. 

Transport Infrastructure Ireland, as the asset owners of LUAS infrastructure and rolling stock, undertook a preliminary market consultation last year in relation to the replacement of the current Luas carriages and provision of additional carriages on an expanded service and network. This is primarily a consultation process, to engage with the marketplace for research purposes, which will assist in the development of future tender documents. Transport Infrastructure Ireland's estimate for future LUAS carriage requirements was €300m. The Deputy may be aware that capital expenditure in excess of €200 million requires Cabinet approval under the Infrastructure Guidelines.

Noting the NTA's responsibility in the development of light rail, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.

A referred reply was forwarded to the Deputy under Standing Order 51
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