Denis Naughten
Ceist:17 Deputy Denis Naughten asked the Minister for Justice and Equality the plans he has to reform the immigration system; and if he will make a statement on the matter. [7009/11]
Written Answers
The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 16, inclusive, answered orally.
Departmental Bodies
The Government's plans for the immigration system are outlined in the Programme for Government which commits to the introduction of comprehensive reforms to the immigration, residence and asylum systems including a statutory immigration appeals mechanism, which will articulate rights and obligations in a transparent manner.
Deputies will be aware that the Immigration, Residence and Protection Bill 2010 has been restored to the Dáil Order paper. It is my intention to bring forward amendments to the Bill at Committee Stage. One of my main objectives is to provide for a transparent and efficient immigration system which will support the overall economic and social goals of the Government. This will be complemented by a commitment to fair procedures for migrants supported by the statutory appeals mechanism which I have asked my officials to develop.
The Programme for Government also elaborates on programmes in key sectors which will be supported by specific immigration initiatives.
I will explore with my Government colleagues the possibility of a new agreement on visitor visas with the United Kingdom, offering tourists the opportunity to visit the UK and Ireland with one visa, at a reasonable cost to tap into the tourism market for significant events such as the forthcoming 2012 Olympics.
The recent launch of the Education Ireland brand underpins the Government's commitment to encourage more international students to study in Ireland and to create new jobs in the sector. Our target is to double the number of international students studying in Ireland with a particular focus on students from India, China and the Middle East. To that end we will overhaul the student visa regime and ensure that advertising, diaspora policies and quality assurance systems are strategically developed to best position the international education sector. I am aware that a lot of work has already been done in this area and in some cases it is a matter of bringing that process to a speedy and successful conclusion.
We will also look at the immigration regime to see what we can do to provide further encouragement to postgraduates and researchers. We will also permit postgraduate students to be allowed to work in Ireland for up to a year after they complete their studies. High-value research students will be permitted to bring families if they are staying more than two years.
I am also of the view that we need to look at how we can use the immigration system to tap into the entrepreneurial capacity of current and future migrants and also to bring investment into Ireland. My Department is looking at proposals in this area.
The commitments regarding the immigration system will be underpinned by the Government's programme for public sector reform. In addition to the independent appeals mechanism which I have already spoken of, we will examine the structures which deliver immigration policies with a view to improving overall performance and added value for the taxpayers. We have committed to the efficient processing and determination of citizenship applications within a reasonable period of time and already I have asked my officials to consider the administrative or legislative reforms which will be required in this area. I am determined to ensure that progress in reducing backlogs in this area is made at an early date.
The Deputy will also be aware of the commitment in the programme for Government in relation to the potential transfer of responsibility for the Passport Office to my Department.
Official Transport
Gerry Adams
Ceist:18 Deputy Gerry Adams asked the Minister for Justice and Equality if he will set out the changes that have been made to services for former Taoisigh; and if he will make a statement on the matter. [6580/11]
The Government's Programme for National Recovery 2011-2016 contains a commitment to halve the costs associated with providing official transport and to secure the release of Garda drivers for normal policing duties.
In line with that commitment, the Government has decided that former Taoisigh will no longer be supplied with official transport, other than for important State occasions. The relevant parties have been notified of the Government decision and the new arrangements will take effect on the 16th of June 2011.
National Disability Strategy
Jonathan O'Brien
Ceist:19 Deputy Jonathan O’Brien asked the Minister for Justice and Equality his plans to ratify the Convention on the Rights of Persons with Disabilities. [5319/11]
It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including by amending domestic law as necessary.
The ongoing implementation of our National Disability Strategy in many respects already comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable the State to ratify the Convention. The Committee has developed a programme on which work is progressing to address the matters that need to be aligned with the UNCRPD.
One of the key requirements in this regard is the enactment of mental capacity legislation. The Government's Legislation Programme announced on 5 April 2011 indicates that the Mental Capacity Bill is expected to be published in late 2011. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. The passage of this Bill will add substantially to the overall progress on implementation of the requirements towards ratification of the Convention.
Military Neutrality
Micheál Martin
Ceist:20 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs if he will reassure the Houses of the Oireachtas of his commitment to protect Ireland’s tradition of neutrality. [6845/11]
The Government is fully committed to protecting Ireland's traditional policy of military neutrality, characterised by non-participation in military alliances. Over the years, this policy has served us well. It has helped us to speak with a distinctive and independent voice on many of the key challenges facing the world in relation to the maintenance of international peace and security. It has also reinforced our ability to contribute effectively to international peacekeeping operations and conflict resolution efforts. Successive Governments have not interpreted neutrality as meaning that Ireland should avoid international engagement. Rather, they have considered that it enhances our capacity to make a direct and significant contribution to the promotion of global peace and stability through the UN, the European Union and in bilateral action.
In common with several other neutral and non-aligned States, Ireland is willing to participate in peace operations authorised by the United Nations, whether these are undertaken under direct UN command or are led by the European Union or by NATO. There is no doubt that our non-membership of military alliances strengthens our acceptability and standing in areas which are experiencing conflict and enables us to make a highly regarded and effective contribution to such operations. The Government intends to protect this tradition of military neutrality and the values and principles associated with it which form a key part of Ireland's foreign policy.
Passport Applications
Michael Creed
Ceist:21 Deputy Michael Creed asked the Tánaiste and Minister for Foreign Affairs the criteria established for a UK citizen to acquire an Irish passport; the circumstances if any, in which these criteria may be waived; and if he will make a statement on the matter. [7173/11]
The Passports Act, 2008 provides in broad terms that the Minister for Foreign Affairs shall be satisfied as to the identity of each applicant for a passport and that the person is an Irish citizen before a passport is issued to him/her. The Minister has no discretion in awarding a passport to an individual who is not an Irish citizen. The entitlement to Irish citizenship is complex with many variables including, in this case, whether the UK citizen was born in or not born in Ireland; born to an Irish parent or born to an Irish grandparent; or whether the UK citizen was resident in Ireland.
Born in Ireland
Anyone born on the island of Ireland on or before 31 December 2004 is entitled to be an Irish citizen. The citizenship entitlement of every person born on the island of Ireland on or after 1 January 2005 is governed by the citizenship of the person's parents at the time of the person's birth or the residency history of one of the parents prior to the birth.
Born to an Irish Parent
A UK citizen who has a parent who is an Irish citizen is automatically entitled to Irish citizenship.
Born to an Irish Grandparent
A UK citizen who has a grandparent who is an Irish citizen may apply for Irish citizenship through the Foreign Births Registration legal process either to the Irish Diplomatic or Consular Mission nearest to where the applicant normally resides or, if resident in Ireland, to the Consular Section, Department of Foreign Affairs, St. Stephen's Green.
Residency
Naturalisation is a process whereby a non — national can apply to become an Irish citizen. Applications are decided by the Minister for Justice, Equality and Law Reform. In addition to certain character requirements, an applicant must have had a period of one year's continuous reckonable residence in the State immediately before the date of the application and, during the eight (8) years preceding that, have had a total reckonable residence in the State amounting to four (4) years.
These are just some of the variables in this complex area. In this context, the Deputy may wish to raise a specific question with Joseph Nugent, Director of Passport Services, by contacting him directly at 01- 6733558.
Proposed Legislation
John Paul Phelan
Ceist:22 Deputy John Paul Phelan asked the Minister for Finance his views on the inequity between licensing laws governing pubs, in which a fee is charged based on the turnover of the premises, and licensing laws governing supermarkets and other outlets, in which a flat fee is charged based on this; his plans to introduce any changes to the licensing laws; and if he will make a statement on the matter. [7143/11]
It is assumed that the Deputy is referring to the annual alcohol excise licence fees payable by the on- and off-trade respectively. In that context it has to be recognized that the main Exchequer receipts for the sale of alcohol arises from excise on alcohol products, which for example yielded €968m in 2009, compared to a yield of around €13.6m in respect of all alcohol excise licence fees.
Off-licence owners require a licence for each type of alcohol they sell, for each premises. Excise duty on off-licences is currently set at €500 each per licence for a beer, wine or spirits off-licence, having been increased in recent years. This means that a typical off-licence premises, including a supermarket, offering the full range of alcoholic beverages for sale will have three off-licences and will be paying €1,500 per annum in duty.
Pubs have a graduated licence duty fee structure based on turnover ranging from €250 to €3,805 (total of 6 bands). However, over 70% of pubs fall within the two lowest bands and pay excise duty of €505 or less. Some 85% of pubs pay annual licence fees of €1,140 or less — i.e. well below the usual full off-licence trader at €1,500 per annum. Indeed only around 10% of pubs pay licence fees that are clearly above those of off-licence traders, but the amounts involved are minor compared to the overall tax take otherwise from alcohol. The average licence fee paid by the on-trade is around €778.
It is difficult, therefore, to accept that there is a great deal of inequity in the present arrangements.
Micheál Martin
Ceist:23 Deputy Micheál Martin asked the Minister for Finance his plans to hold a referendum to protect the rights of citizens to communicate in confidence with public representatives and if he feels this is still appropriate following the publication of the Moriarty report. [6662/11]
As the Deputy may be aware, the Programme for Government contains a commitment to a referendum to protect the right of citizens to communicate in confidence with public representatives. In addition, there is a commitment that we will legislate and change Dáil standing orders to ensure the absolute confidentiality of information entrusted to members of the Dáil by their constituents or informants, and ensure that such information cannot be compulsorily disclosed through the legal process except with the consent of the informant. The Minister for Public Expenditure & Reform is currently developing proposals to meet these commitments, having regard for a range of issues including the Moriarty Report.
Financial Services Regulation
Finian McGrath
Ceist:24 Deputy Finian McGrath asked the Minister for Finance the position regarding insider trading (details supplied). [7081/11]
As Minister for Finance I have no function in the matter raised by the Deputy. The Central Bank of Ireland has informed me that insider trading in shares admitted to trading on the main market of the Irish Stock Exchange is governed by the Market Abuse (Directive 2003/EC) Regulations, 2005. Insider trading in shares admitted to other markets run by the Irish Stock Exchange is governed by Part Five of the Companies Act, 1990.
Under the Market Abuse Regulations, the Central Bank of Ireland is the competent authority for supervising market activity. It currently has a delegation arrangement in place with the Irish Stock Exchange under which the Irish Stock Exchange conducts certain market monitoring functions for it. There are close operational ties between the two bodies. Notwithstanding the delegation arrangement, the Central Bank has been building up systems and procedures to monitor trading itself. I am assured that recent trading in the relevant Irish financial sector shares is subjected to monitoring and analysis in accordance with those procedures.
Shares listed on ESM are monitored by the Irish Stock Exchange and the Office of the Director of Corporate Enforcement has an enforcement role.
The Deputy should bear in mind that while patterns of market trading may be suggestive of insider trading, similar trading patterns will also be found where people trade without inside information on the basis of seeking to pre-empt forthcoming events. The latter is entirely legal. The former is illegal.
If any person has any information which would be useful to the authorities who supervise markets in this regard, I would encourage them to forward it to the Central Bank. Insider trading undermines the integrity of markets. Both the Central Bank and the ISE understand that and examine carefully any instance of suspicious trading and any information provided to them about such matters.
Pension Provisions
John Deasy
Ceist:25 Deputy John Deasy asked the Minister for Finance when he expects to make a decision on an application submitted by the trustees of a pension scheme to include former Waterford Crystal workers in the pension insolvency payment scheme; and if he will make a statement on the matter. [7082/11]
I can confirm that an application to the Pension Insolvency Payment Scheme from Waterford trustees has been received and is under consideration. Discussions have taken place with the trustees and staff representatives about a number of aspects of the application. I hope to be in a position to respond shortly. The Pension Insolvency Payment Scheme [PIPS] was introduced on 1 February, 2010 for a pilot period of three years. From that date, it is open to any scheme that satisfies the qualifying conditions to apply to participate. The principal qualifying criteria for PIPS are that the sponsoring employer must be insolvent (in accordance with the definition used in the Protection of Employees (Employers' Insolvency) Act 1984) and the defined benefit scheme must be winding up in deficit. Details of the application procedure and other guidance is being made available on my Department's website www.finance.gov.ie.
Personal Debt
Michael McGrath
Ceist:26 Deputy Michael McGrath asked the Minister for Finance his plans to implement the recommendations by the mortgage expert group on mortgage arrears in full. [7089/11]
The Deputy will be aware that the Mortgage Arrears and Personal Debt Expert Group (Expert Group) produced two Reports, an Interim Report published in July 2010 and their Final Report published in November 2010. The Expert Group, which was chaired by Mr. Hugh Cooney, included Mr. Matthew Elderfield, Head of Financial Regulation at the Central Bank, as well as other external experts and senior officials from Government Departments. All of the Expert Group's recommendations are listed in Chapter 2 of the Final Report and have been noted by Government. They can be accessed at www.finance.gov.ie. Since the publication of the Reports, the Central Bank has revised the Code of Conduct for Mortgage Arrears (CCMA) to reflect many of the recommendations of the Expert Group including key recommendations relating to the introduction by all regulated lenders of a standardised Mortgage Arrears Resolution Process (MARP). The most significant changes in the revised CCMA include:
Borrowers in arrears who co-operate with the Mortgage Arrears Resolution Process (MARP) will not be charged penalty interest charges;
Harassment of borrowers through unsolicited communications will be outlawed;
Borrowers in financial difficulties, but not in arrears, will be allowed to come under the MARP; and
Clarifying the existing 12 month moratorium on legal action in arrears cases.
The revised CCMA was published on 6 December 2010 and came into effect on 1 January 2011. The revised CCMA can be accessed at www.centralbank.ie. Lenders are required to comply with the CCMA as a matter of law but have been given a period of six months grace ending on 30 June 2011 to put in place the requisite systems and training of staff necessary to support the implementation of the MARP. In addition the Central Bank has also written to lenders to issue directions under Section 149 of the Consumer Credit Act 1995 which will mean that lenders cannot impose arrears charges or penalty interest on borrowers who are co-operating with the MARP.
The Expert Group's recommendations are intended to be of benefit to both lender and borrower and it is assumed that lenders will cooperate and implement the recommendations or variations of them as soon as possible. Failure to comply with the revised CCMA may result in sanctions under the Central Bank's Administrative Sanctions Framework.
The Deputy may wish to note that in addition to those recommendations being implemented through amendments to the CCMA, other recommendations will require legislative support involving my Department, the Departments of Social Protection (DSP), Environment, Heritage and Local Government (DEHLG), Justice and Equality (DJE).
In the case of my own Department, a recommendation concerning the scope and the admissibility in Court of the CCMA will need further examination and may require advice from the Attorney General.
In order to implement those recommendations in relation to the mortgage interest supplement scheme (MIS) changes to both primary and secondary legislation will be required. I am informed that the Department of Social Protection is currently finalising an implementation plan that will set out a framework for the future of the mortgage interest supplement scheme.
The recommendation of the Group to amend the local authority needs assessment process has been implemented by the DEHLG. I am informed that local authorities have been provided with clear guidance on the treatment of applicants for social housing support whose mortgages have been deemed unsustainable. It is my understanding that the Minister for Justice and Equality intends to give early attention to the Final Report on Personal Debt Management and Debt Enforcement of the Law Reform Commission which was published in December 2010. That Report contains recommendations on comprehensive reform of the system of personal insolvency law in Ireland.
Fiscal Policy
Michael McGrath
Ceist:27 Deputy Michael McGrath asked the Minister for Finance the way he will finance the increase in mortgage interest relief for first time buyers if relief for new buyers is not abolished from June 2011. [7090/11]
Michael McGrath
Ceist:28 Deputy Michael McGrath asked the Minister for Finance his plans to increase mortgage interest relief to 30% for first time buyers; when he will do so; and if he will make a statement on the matter. [7091/11]
Michael McGrath
Ceist:29 Deputy Michael McGrath asked the Minister for Finance his plans to abolish mortgage interest relief for new buyers in June 2011; and if he will make a statement on the matter. [7092/11]
I propose to take Questions Nos. 27 to 29, inclusive, together.
There is a commitment in the Programme for Government to help homeowners in distress to weather the recession. The Government will examine a number of proposals in relation to this commitment. One of these proposals relates to increasing mortgage interest relief to 30% for First Time Buyers who bought between 2004 and 2008 and to finance this in part by abolishing mortgage interest relief for new buyers from June 2011. When this proposal has been thoroughly examined and analysed and the findings and recommendations are presented to me, I will decide on the appropriate action to be taken. However, it is unlikely that any measures will be introduced before Budget 2012.
Mortgage Indemnity Insurance
Michael McGrath
Ceist:30 Deputy Michael McGrath asked the Minister for Finance his plans to introduce new universal mortgage indemnity insurance to protect borrowers from the future risks of negative equity; and if he will make a statement on the matter. [7093/11]
Mortgage Indemnity Insurance acts as a form of additional security for the mortgage lender in the event of default by the mortgage holder. While either the lender or borrower can be responsible for paying the premia, it is the lender alone who will receive the proceeds of any claim. The borrower will still retain the same legal responsibility to pay the mortgage shortfall, where such arises, whether mortgage indemnity insurance is in place or not. The Expert Group on Mortgage Arrears and Personal Debt did not consider the issue of introducing mandatory mortgage indemnity insurance in any detail. However, it did note the following: “. . . given the current housing market and lending conditions, the Group does not consider that imposing such products [in reference to mortgage indemnity insurance and mortgage repayment insurance] is necessary or a priority. However, the Group considers that such issues should be reviewed in the future.” (MAPD Final Report, 2010)
There are no proposals in the Programme for Government 2011-2016 to introduce universal mortgage indemnity insurance in the mortgage market.
Economic Forecasts
Michael McGrath
Ceist:31 Deputy Michael McGrath asked the Minister for Finance the growth rate predictions he is using in negotiations with the EU-International Monetary Fund in view of the disparity between the projections from his Department and the EU-IMF. [7094/11]
The forecasts prepared by the Department of Finance last October and first published in early November in the National Recovery Plan, and subsequently in Budget 2011 are the latest published forecasts. Forecasts naturally need to be reviewed from time to time as additional information becomes available. Since last October, important National Accounts and National Household Survey data for the final quarter of 2010 has been published. "Hard" and "soft" high-frequency data have also become available for the initial months of this year.
The Department of Finance is using all available data to inform its thinking and for the update of its macro-economic projections that is currently underway. This update is being carried out with the new European Semester in mind, which requires Ireland, along with all other Member States, to submit a Stability Programme Update, including updated macro-economic forecasts, to the European Commission by the end of April.
While it is important that we await the outcome of my Department's current forecasting process, I understand from my officials that taking account of the risks identified at Budget time, the short-term economic prospects overall are weaker than had been previously factored in, albeit certain sectors are doing well. This evolving view will inform the ongoing negotiations with the EU/IMF as part of our First and Second Quarterly Review currently under way.
Universal Social Charge
Michael McGrath
Ceist:32 Deputy Michael McGrath asked the Minister for Finance when it will be possible to make submissions to the review of the universal social charge. [7095/11]
As I have stated before I would encourage all interested parties to join the review of the USC by way of submission to my Department. My Department is currently accepting submissions from interested parties, however, if changes to the USC are being proposed I would request well thought-out and workable solutions to fill any revenue gaps created. The focus must be on maintaining the €4 billion yield.
Educational Schemes
Michael McGrath
Ceist:33 Deputy Michael McGrath asked the Minister for Finance the cost of providing for an additional 15,000 places in training, work experience and educational opportunities; and if he will make a statement on the matter. [7096/11]
The Government is committed to resourcing a Jobs Fund within its first 100 days in the Programme for Government. The details of individual measures, including the 15,000 places in training, work experience and educational opportunities referred to at page 8 of the Programme for Government, are currently being considered by the Government for the purpose of delivering on this commitment.
Tax Reliefs
Michael McGrath
Ceist:34 Deputy Michael McGrath asked the Minister for Finance the position regarding an application for tax relief in relation to vehicles purchased for use by persons with disabilities in respect of a person (details supplied) in County Cork. [7101/11]
The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dún Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.
Departmental Reports
Éamon Ó Cuív
Ceist:35 Deputy Éamon Ó Cuív asked the Minister for Finance when the reports that have been sought by the Department of Social Protection from the Office of Public Works in relation to the consideration of re-location of persons flooded in November 2009, on foot of a decision by Government in December 2010, will be provided; and if he will make a statement on the matter. [7159/11]
The Office of Public Works has provided a technical commentary to the Department of Social Protection in respect of a list provided by that Department previously, of persons and properties affected during the flooding of November 2009.
The Department of Social Protection has forwarded, this week, an additional list of fourteen properties for consideration in this regard and OPW will now proceed to carry out a technical assessment on them.
Fuel Prices
John O'Mahony
Ceist:36 Deputy John O’Mahony asked the Minister for Finance his plans to address the rising cost of petrol, diesel and home heating oil; and if he will make a statement on the matter. [7170/11]
Ireland, as with other countries, has experienced an increase in the cost of petrol and auto-diesel. The increase in fuel prices is an international phenomenon. Fuel prices are driven by a number of factors including the price of oil on international markets, exchange rates, production costs and refining costs. The rise in oil prices over recent periods reflected additional factors such as geopolitical uncertainty in Northern Africa and the Middle East with potential supply disruptions.
The excise rates (including the carbon charge) in Ireland on motor fuels are 57.6 cent on a litre of petrol and 46.6 cent on a litre of auto-diesel. Ireland's excise rates are the ninth and fourth highest in the EU27 for petrol and auto-diesel respectively. However, our rates remain lower than many of our main trading partners and significantly lower than our nearest neighbour the UK. In relation to diesel used for heating, in Ireland the excise rate (including the carbon charge) is 8.9 cents per litre, this rate is lower than the majority of the EU 27 member states. Prior to the carbon charge being applied to diesel used for home-heating, the rates had not been increased since 1987.
The Exchequer yield from excise, as excise is set at a nominal amount, does not increase as the price of fuels increase. On the other hand, the yield from VAT per litre of fuel, as VAT is set as a percentage of the price, increases as the price of fuels increase.
It is on this latter basis that there are often demands to reduce taxes on fuel. However, I would point-out that the Exchequer gain may be limited because:
1. the increase in petrol and diesel prices reduces the quantity of such fuels being purchased,
2. spending in the economy is likely to be re-allocated to petrol and other oil products, and away from other VAT liable spending, and
3. the overall level of economic activity is reduced by higher oil prices.
It should also be noted that businesses are of course entitled to reclaim VAT incurred on their business inputs, including VAT incurred on fuel. For example, VAT incurred on auto-diesel and marked gas oil (MGO or green diesel) used in the course of business is a deductible credit for business in the Irish VAT system. VAT on petrol can not be deducted/reclaimed.
There are no plans for temporary taxation adjustments for specific sectors or businesses in general, as to do so, could lead to significant costs to the Exchequer. The issue of rising fuel prices was briefly discussed by EU Finance Ministers at the ECOFIN meeting on 15 March and they reconfirmed the approach taken in 2005 and again in 2008, when oil prices were very high, which endorsed a coordinated approach towards not making distortional fiscal adjustments.
FÁS Training Programmes
Maureen O'Sullivan
Ceist:37 Deputy Maureen O’Sullivan asked the Minister for Education and Skills his plans to rationalise the system whereby lack of funding in FÁS would not preclude a person on jobseeker’s from the Department of Social Protection from taking a place on a FÁS training scheme (details supplied). [7126/11]
It is understood that the Deputy is referring to the North Wall Community Development Project and the setting up of a Local Training Initiative. FÁS is unable to provide an additional Local Training Initiative programme in the North Wall because of budgetary constraints.
There is no agreement or contract between FÁS and the North Wall Community Development Project to either recruit a co-ordinator or to recruit and/or take on participants for a Business Studies Local Training Initiative programme. FÁS has informed the North Wall Community Development Project that it will review the position towards the middle of 2011.
FÁS has invested significantly in the docklands area of Dublin 1, Dublin 2, Dublin 3 and Dublin 4. The following table outlines a summary of the current programmes and schemes:
The issue concerning the Department of Social Protection continuing to pay benefits to unemployed persons on FÁS training courses is a matter for my colleague the Minister for Social Protection.
Higher Education Grants
Ciaran Lynch
Ceist:38 Deputy Ciarán Lynch asked the Minister for Education and Skills when a decision will issue on an appeal for a college grant in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [7074/11]
An appeal has recently been received by my Department from the student to which the Deputy refers. The appeal is currently under consideration and a response will issue as soon as the review process is completed.
EU Globalisation Fund
Clare Daly
Ceist:39 Deputy Clare Daly asked the Minister for Education and Skills the way workers availing of the European globalisation fund are expected to fund the finishing of the educational programmes when the funds expire in September 2011. [7078/11]
The European Commission decision of 8 December 2010 awarding a financial contribution from the European Global Adjustment Fund (EGF) to finance active labour market measures following the redundancies in SR Technics states that Ireland shall use the EGF financial contribution by 9 October 2011.
My Department as the national EGF Managing Authority has clearly stated from the outset to potential EGF beneficiaries and service providers that EGF support would not be available for educational and other training measures after that date.
However, upon the expiry of the EGF programme implementation period, a wide range of mainstream supports is available to former SR Technics workers interested in availing of training, further and third level education and enterprise supports.
Former SR Technics workers pursuing third level educational programmes may be eligible for support in accordance with the regulations governing the operation of the Department's Free Fees and student support schemes dependent on their individual circumstances.
Apart from the Free Fees Initiative the main financial support available to students in higher education is the Maintenance Grant. Students who are entering approved courses are eligible for financial assistance where they satisfy the relevant conditions including those relating to residence, means, age, nationality and previous academic attainment.
Eligibility for grant assistance is a matter for the relevant local authority or VEC to establish. Students should apply to their local authority or VEC to establish their eligibility. Detailed information on financial supports for students can be found on the website www.studentfinance.ie.
The Vocational Training Opportunities Scheme, Post Leaving Certificate programme and Back to Education Initiative operated by the Vocational Education Committees provide flexible part-time and full-time learning opportunities.
FÁS provides guidance and training options, including through accredited private providers contracted to FÁS under the Technical Employment Services Grant.
In addition, a range of enterprise supports including business advice, mentoring, financial and non-financial assistance is provided in the business start-up and expansion phases through the City and County Enterprise Boards to persons interested in starting their own business.
Schools Building Programme
Finian McGrath
Ceist:40 Deputy Finian McGrath asked the Minister for Education and Skills the position regarding a tender in respect of premises (details supplied) in Dublin 3. [7130/11]
In the mid 1970s Squash Ireland, a commercial company, secured the use of a portion of the site to which the Deputy refers. This company subsequently went into liquidation. In an effort to maintain the facility, the Department, through the Board of Management, engaged the services of a temporary caretaker to run the facility. In 2010, on foot of communication from both the school management authority and the caretaker of the squash facility, my Department undertook an examination of the long term use of the facility and concluded that the operation of the facility should not continue.
Accordingly, the Board of Management was advised that in the circumstances it would be appropriate to make the Caretaker post in respect of the facility redundant. I am advised that on foot of the examination of the operation of the facility, it was both the Department's and the school authority's understanding that the facility was used on a pay per play basis with there being no membership fees, no club officers nor rules/constitution that would normally be expected of a club.
In terms of the future use of the building, further consultation with the school authorities will be required in the first instance.
School Curriculum
Olivia Mitchell
Ceist:41 Deputy Olivia Mitchell asked the Minister for Education and Skills if there are any funding schemes in place to fund a music programme for a school (details supplied) in Dublin 18; and if he will make a statement on the matter. [7131/11]
Music is a core part of the arts curriculum in all classes in all primary schools and comprises listening, and responding, performing and composing activities. A revised primary curriculum in Music was introduced in 2005, supported by a national programme of professional development for teachers. I am very aware of the excellent work being done by schools using music as a key vehicle to promote inclusion and effective learning.
Schools in DEIS and School Completion Projects are provided with additional funding and have discretion as to how best to spend these funds within a framework of guidelines set out by my Department. The guidelines provide that funding may be used on initiatives to support retention, supporting and engaging parents and the wider community, co-operation with the youth sector, promoting cross curricular literacy initiatives, music, dance, drama, and promoting social, sport and leisure activities which impact on children's learning. The music education project falls well within the parameters of what can be funded under DEIS and the School Completion Programme.
Other than the additional resources available through DEIS and the School Completion Programme to schools designated as disadvantaged, my Department is not in a position at this time to provide additional funding to support the "Music Made Easy" programme in primary schools.
However, a partnership between U2, Music Network, the International Funds for Ireland and the education sector is enabling a series of music education partnerships to be established around the country on a phased basis to provide vocal and instrumental music tuition for young people. The initiative was made possible by a donation of €5m from U2, and a commitment from the Ireland Funds to raise €2m. These contributions will fund the initiative in the early years of development, with the intention that programmes will be continued into the future with Exchequer funding when the donations cease.
The initiative is being managed by a company called Music Generation (www.musicgeneration.ie). A call for proposals was issued on 17 January 2011 seeking applications from local Music Education Partnerships across the country who wish to apply for funding. Music Generation aims to help children and young people to access music education in their own locality. The focus is on co-ordinated area-based provision as part of a partnership, not on funding for individual schools.
Funding for up to twelve Music Education Partnerships will be awarded by Music Generation on a phased basis from 2011-2015, most likely in three locations at a time. Music Education Partnerships are eligible to apply for 50% funding, up to a maximum of €200,000 per annum over three years. The closing date for Round 1 applications was March 31st, 2011, but there will be further rounds of the initiative each year until 12 partnerships are established. The lead partner in the Music Education Partnership must be a statutory agency.
The provision of music in the school curriculum, supplemented by an expanding network of music education partnerships, and the provision of some 68,000 hours of music tuition provided in certain locations in the form of co-operation hours through the VEC system, allied with flexible funds for DEIS and School Completion Programme schools together form part of the strategy to widen access to music education for young people in the period ahead.
School Transport
Brendan Griffin
Ceist:42 Deputy Brendan Griffin asked the Minister for Education and Skills if a school transport service will be provided for three children in County Kerry in view of the special needs of one of the children (details supplied); and if he will make a statement on the matter. [7132/11]
Under the terms of my Department's primary school transport scheme, pupils who reside 3.2 kilometres or more from, and are attending their nearest suitable national school, as determined by my Department, are eligible for school transport. The pupils referred to by the Deputy, in the details supplied, are not attending their nearest national school and are therefore not eligible for school transport.
In the case of a pupil with special educational needs, a pupil is eligible for school transport if s/he is attending the nearest recognised mainstream school, special class/special school or a unit, that is or can be resourced, to meet the child's special educational needs under my Department's criteria.
The National Council for Special Education has responsibility, through its network of Special Educational Needs Organisers (SENOs), for the establishment of special education facilities and for allocating resource teachers and special needs assistants to schools to support children with special needs.
The parents/guardians of the pupil in question should liaise, in the first instance, with the local SENO. Eligibility for transport, under the terms of the above scheme, will then be considered upon receipt of the completed school transport application form.
Tom Fleming
Ceist:43 Deputy Tom Fleming asked the Minister for Education and Skills if he will provide three concessionary tickets to a family (details supplied) who will pay the required fee. [7133/11]
Under the terms of my Department's primary school transport scheme, pupils may avail of concessionary fare paying transport subject to a number of conditions including the availability of spare seats on an existing service.
In this regard the parents/guardians of the pupils in question should liaise with their local Bus Éireann office.
School Staffing
Michael McGrath
Ceist:44 Deputy Michael McGrath asked the Minister for Education and Skills if a person (details supplied) in County Cork will be entitled to be placed on the supplementary panel for primary school teachers. [7134/11]
The main focus in the Teacher Allocation Section within my Department at present is the redeployment panels for permanent teachers.
The Department will consider queries in relation to supplementary panel rights for fixed-term teachers, including the teacher referred to by the Deputy, when the initial work on panels for redeployment of surplus permanent teachers is completed. Such teachers are advised to contact my Department at Primaryallocations@education.gov.ie
Grant Payments
Terence Flanagan
Ceist:45 Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a maintenance grant in respect of a person (details supplied) in Dublin 13. [7135/11]
A decision on eligibility for a student grant is a matter for a grant awarding authority in the first instance.
My Department understands from the grant awarding authority involved in this particular case that it received a grant application from the student in question and that this application was unsuccessful. My Department also understands that the student appealed this decision to the grant awarding authority. The application was re-examined on this basis and the grant awarding authority upheld its original decision.
Where a grant awarding authority rejects an appeal, the applicant may appeal this decision to my Department by submitting an appeal form clearly outlining the grounds for the appeal. No appeal has been received by my Department in this case to date.
The Deputy will appreciate that as my Department has a role to play in the appeals process it would not be appropriate to comment further on this matter other than to say that my Department will carry out a review of the candidate's application if it receives an appeal as part of the appeals process.
Special Educational Needs
John Paul Phelan
Ceist:46 Deputy John Paul Phelan asked the Minister for Education and Skills if a special needs assistant will be provided in respect of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [7138/11]
I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support.
I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply.
All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie
School Transport
John Paul Phelan
Ceist:47 Deputy John Paul Phelan asked the Minister for Education and Skills when a decision will issue in relation to the abolition of catchment areas for the school bus routes; and if he will make a statement on the matter. [7140/11]
Changes to school transport services were announced in the 2011 budget by the previous Fianna Fáil-Green Party Government and derive from a recommendation in the recently published Value for Money Review of the scheme. From the 2012/13 school year, the use of the catchment boundary system will cease and school transport eligibility for all new children entering post-primary education will be determined by the distance they reside from their nearest post-primary centre or school.
Vocational Education Committees
John Paul Phelan
Ceist:48 Deputy John Paul Phelan asked the Minister for Education and Skills his plans on continuing the policy of merging vocational education committees; or if not, his plans in this matter; and if he will make a statement on the matter. [7142/11]
I have invited the Irish Vocational Education Association (IVEA), given their concerns about the current proposals for VEC aggregation, to submit alternative proposals for my consideration. The IVEA has indicated that it will respond later this month and I will be considering their proposals in the coming period.
While I am open to proposals on alternative configurations, I am anxious to ensure that swift progress continues to be made in the work of bringing about a reduction in the number of VECs.
FÁS Training Programmes
John Paul Phelan
Ceist:49 Deputy John Paul Phelan asked the Minister for Education and Skills the measures taken to secure new support for an organisation (details supplied) in County Kilkenny. [7146/11]
The Kilkenny Jobs Club has been run by Kilkenny Council Trade Unions on behalf of FÁS for over ten years. The directors of the company have informed FÁS that it is their intention to withdraw from this role. FÁS has assured me that it will seek an alternative sponsor and put in place suitable arrangements for a Jobs Club in County Kilkenny.
FÁS provides a range of other services for unemployed people in Kilkenny, including the FÁS Employment Centre which supplies guidance and information. It also funds 400 Community Employment places, four Local Training Initiatives which cater for up to 100 people and Kilkenny Employment for Youth, a 70 place Community Training Centre. For people with disabilities FÁS funds a vocational training programme in the National Learning Network and also runs the Supported Employment Programme which is a labour market initiative to assist people with a disability to secure and maintain employment in the open labour market.
Economic Competitiveness
Joe McHugh
Ceist:50 Deputy Joe McHugh asked the Minister for Enterprise, Trade and Innovation his views on rebalancing the Northern Ireland economy consultation paper that was published in March 2011 by the British Treasury; if he will respond to the invitation for submissions in view of the paper’s potential implications for enterprise, employment and trade here and on this island; and if he will make a statement on the matter. [7162/11]
The recently launched UK Government's consultation document on "Rebalancing the Northern Ireland Economy" was developed against the background of an aim to increase the size of the private sector and drive faster economic growth in Northern Ireland. The consultation paper sets out options that could be taken to support rebalancing of the Northern Ireland economy, including the issues involved in devolving the power to vary the corporation tax rate for profits in Northern Ireland.
The document does not at this stage reach specific conclusions, but merely seeks views on the options raised. In keeping with normal Government policy of not commenting in this type of forum on the economic policy regime in other EU jurisdictions, I do not propose to make a submission on behalf of the Government on the issues raised in the consultation paper.
However, in the arrangements established under the British/Irish agreements it is of course a long-established practice that Governments in Ireland work closely with the Northern Ireland Executive and with the UK Government to achieve economic and social development on the island of Ireland. Our involvement in promoting the competitiveness and development of the Northern Ireland economy, through involvement in and financial contribution to cross-border initiatives, has resulted in benefits to both parts of the island.
A stronger and more balanced economy in Northern Ireland should not be seen as something about which we should be in any way defensive, but rather as something that would create mutual gains North and South. The existing North/South bodies work on an all-island basis to secure economic development. There is a long history of co-operative action between agencies such as Enterprise Ireland and Invest Northern Ireland in order to achieve mutual benefit together that can be greater than what they might achieve separately.
In relation to inward investment, circumstances in the Northern Ireland economy have been different to those in the South. In general, Northern Ireland has had higher corporation tax rates, but lower wage and other costs. Because GDP per head in Northern Ireland has in recent years been lower than in the South, it has been possible for some industrial grant rates in Northern Ireland to remain higher than in the South. But when it comes to attracting inward investment, locations in Ireland must compete with alternative locations all over the world, not just with locations in Europe. For an individual project, it will often come down to a situation where a foreign multinational will choose between locating in Dublin or in Singapore or in Switzerland. It very rarely comes down to a choice between Dublin and Belfast.
I therefore welcome any moves to increase economic growth in Northern Ireland. The development of a world-class all-island economy is of strategic importance and strongly complements our mission to accelerate the development of world-class Irish companies. The challenges and issues faced by companies are shared throughout the island. By promoting an all-island economy we can build our competitive advantage internationally, target the economic problems that persist, and deliver better services for all companies and individuals.
Work Permits
Pat Breen
Ceist:51 Deputy Pat Breen asked the Minister for Enterprise, Trade and Innovation the position regarding an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [7161/11]
My Department processes applications in respect of the different types of employment permits (Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits). All applications are processed in line with the Employment Permits Act 2006.
My Department's target for processing correctly completed applications is 15 working days and permits in the high skilled areas such as Green Cards and Intra-Company Transfers are normally processed within this timeframe.
However, there has been a delay in the processing of other employment permit types i.e. Work Permits and Spousal/Dependant Permits. This can be attributed to a re-prioritisation of resources within the old Department of Enterprise, Trade and Innovation where a significant number of staff in the Employment Permits area were re-deployed to the Redundancy Payments area, where there was a strong need for additional resources to process payments to those who have lost their jobs. In relation to Work Permits and Spousal applications, measures have been put in place to address the current backlog.
I wish to advise the Deputy that the Work Permit application in question was received in my Department on the 22nd March 2011. The Section is currently processing Work Permit applications received on the 17th January 2011. Therefore, based on current processing times, a decision on this application can be expected within the next 10-12 weeks.
Social Welfare Code
Michael McGrath
Ceist:52 Deputy Michael McGrath asked the Minister for Social Protection the cost to the Exchequer of halving the lower rate of PRSI up to 2013; and if she will make a statement on the matter. [7097/11]
PRSI receipts do not form part of Exchequer funding but are paid into the Social Insurance Fund. It is estimated that reducing the rate of employer's Class A PRSI from 8.5% to 4.25% would reduce Social Insurance Fund income by €174 million in 2012 and €168 million in 2013. The decline in the estimate over the two years is caused by projected increases in average incomes having the effect of raising pay for some jobs to levels which attract the higher rate of employer's PRSI.
Social Welfare Appeals
Michael Healy-Rae
Ceist:53 Deputy Michael Healy-Rae asked the Minister for Social Protection if she will expedite an application for domiciliary care allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [7076/11]
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20th October 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 14th February 2011 and the appeal will be referred to an Appeals Officer in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
Paul Connaughton
Ceist:54 Deputy Paul J. Connaughton asked the Minister for Social Protection when a carer’s allowance appeal will be heard in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [7077/11]
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 24th March 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
Social Welfare Benefits
Dan Neville
Ceist:55 Deputy Dan Neville asked the Minister for Social Protection the position regarding payment of supplementary welfare allowance towards the payment of interest on mortgage in respect of persons (details supplied) in County Limerick. [7113/11]
The Health Service Executive has advised that the payment of mortgage interest supplement ceased to the persons concerned as the household income is sufficient to meet their mortgage interest costs.
Brendan Griffin
Ceist:56 Deputy Brendan Griffin asked the Minister for Social Protection if domiciliary allowance will be made available to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [7118/11]
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 24th November 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 8th February 2011 and the appeal will be referred to an Appeals Officer in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
Question No. 57 withdrawn.
Finian McGrath
Ceist:58 Deputy Finian McGrath asked the Minister for Social Protection the position regarding rent allowance in respect of a person (details supplied) in County Dublin. [7125/11]
The Health Service Executive has advised that the person concerned was refused rent supplement as his rent is in excess of the maximum rent limit for his family size and as he was assessed by the local authority as not having a housing need.
Bernard J. Durkan
Ceist:59 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason payment of invalidity pension has ceased in the case of a person (details supplied) in County Kildare despite an appeal pending and further information submitted in respect of that appeal; when a further appeal will be held given that further medical evidence submitted; and if she will make a statement on the matter. [7127/11]
Following a second medical examination and having considered all the evidence, the appeals officer disallowed the appeal for the person concerned. Payment of invalidity pension was terminated with effect from 5th November 2009.
The decision of an appeals officer is final and conclusive in the absence of fresh facts or evidence. With regard to the latest information received on 5th January 2011, in relation to the person concerned, it is considered that it contains no fresh facts or evidence and accordingly there is no ground to review the appeals officer's decision.
Social Welfare Appeals
Bernard J. Durkan
Ceist:60 Deputy Bernard J. Durkan asked the Minister for Social Protection when arrears of child benefit will be granted to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [7128/11]
Child benefit was awarded to the person concerned from 1st January 2010, as he was found to satisfy the Habitual Residence Condition from that date. All arrears have been paid and he continues to receive payment at the rate of €140 per month. There are no outstanding child benefit claims or appeals in respect of this person.
Question No. 61 withdrawn.
Éamon Ó Cuív
Ceist:62 Deputy Éamon Ó Cuív asked the Minister for Social Protection when an appeal in respect of a person (details supplied) will be decided; the steps taken, additional to those taken by the previous Government, to expedite appeals; and if she will make a statement on the matter. [7160/11]
The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made.
The Department has made 9 additional appointments to the office in recent weeks in an effort to better manage the current caseload. I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
Local Authority Housing
Finian McGrath
Ceist:63 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government the position regarding housing schemes (details supplied). [7083/11]
The provision of special needs housing is mainly funded under the Capital Assistance Scheme for approved housing bodies. This scheme is specifically designed to meet the needs of older persons, homeless and people with a range of physical and intellectual disabilities. It is up to the bodies concerned, in conjunction with the relevant housing authorities, and in liaison with the Health Service Executive as necessary, to allocate properties to households with specific requirements, including in relation to psychiatric illness. Housing authorities may also, within their allocation policy, designate or provide specific units to meet special needs. Issues with relation to psychiatric patients are generally the responsibility of the Health Service Executive.
Departmental Funding
Timmy Dooley
Ceist:64 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government if he will provide a minimum funding allocation of €26,479 to fund an organisation (details supplied) in 2011. [7086/11]
A total of €587,000 was provided in my Department's Estimates for 2011 to support the Community & Voluntary Fora in each county/city council area. This corresponds with €1.17 million provided in 2010. Local authorities were advised accordingly on 8 December 2010. In the circumstances, no forum can expect the same level of funding for this year as it received last year. I will, however, be shortly announcing details of funding allocations.
It is also important to acknowledge the continued financial support by local authorities for the participation of Fora representatives on Strategic Policy Committees, Joint Policing Committees and County/City Development Boards.
Social and Affordable Housing
Olivia Mitchell
Ceist:65 Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government his plans to introduce legislation to exempt owners who bought homes under the affordable housing and shared ownership schemes prior to 2009 from the clawback charge to the county council in line with the exemption granted to those who bought post 2009. [7124/11]
I refer to the reply to Question No. 64 of 23 March 2011 which sets out the position where an affordable house purchaser is selling their home and the clawback amount payable would reduce the proceeds of resale below the initial price.
In relation to affordable house purchasers wishing to remortgage or top-up an existing mortgage, provision was made in the Housing (Miscellaneous Provisions) Act 2009 to allow purchasers under the new Affordable Dwelling Purchase Arrangements to do this without triggering the clawback. However, the Act does not provide this facility for purchasers under then existing affordable housing or shared ownership arrangements. I have requested my Department to arrange to have the provisions necessary to address this matter included in the first appropriate legislative vehicle that becomes available.
Voting Entitlements
John Paul Phelan
Ceist:66 Deputy John Paul Phelan asked the Minister for the Environment, Heritage and Local Government the measures he will be taking to allow non-citizens the opportunity to vote if they are living here for ten years or more. [7139/11]
Subject to age and residency requirements, a person's citizenship determines the polls at which he or she is entitled to vote, as follows: all non-citizens are entitled to vote at local elections; non-citizens who are citizens of EU Member States are entitled, in addition, to vote at European Parliament elections; and British citizens may vote in Dáil, European Parliament and local elections. While no agreements are currently in place, electoral law provides that citizens of other EU Member States, with whom Ireland may enter into an agreement to allow each other's citizens to vote in their respective National Parliaments, are also entitled to vote in Dáil elections, and Irish Citizens alone are entitled to vote in Presidential elections and referendums.
While electoral law is subject to ongoing review I have no proposals at present to extend the current arrangements for voting by non-citizens.
Control of Livestock
Éamon Ó Cuív
Ceist:67 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he will make the owners of farmed deer liable for traffic accidents caused by straying deer similar to the legislation regarding straying bovines; and if he will make a statement on the matter. [7148/11]
Éamon Ó Cuív
Ceist:68 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he will make farmers of farmed deer responsible for the damage caused to livestock and property by straying deer; and if he will make a statement on the matter. [7149/11]
I propose to take Questions Nos. 67 and 68 together.
I assume the Deputy is referring to the Animals Act 1985 which amended the law relating to liability for damage done by animals. The Act at section 2 provides for an amendment to the former immunity in the common law of negligence in respect of animals on the highway, and, subject to certain conditions, provides for a duty on a person to take reasonable care to see that damage is not caused by an animal straying on to a public road. In this context the word ‘animal' has a broad meaning which encompasses deer. The common law already provides for liability for damage caused by animals to persons and property.
Proposed Legislation
Clare Daly
Ceist:69 Deputy Clare Daly asked the Minister for Justice and Equality if he will introduce a Spent Convictions Bill as priority legislation; if he intends bringing forward a more robust and comprehensive Bill than that published by the previous Government; and if he will make a statement on the matter. [7080/11]
I am pleased to be able to tell the Deputy that the Government's legislative programme published earlier this week provides for a new Bill on spent convictions, with publication expected before the end of this term.
The new Bill will build on the proposals from the Law Reform Commission. Unlike the previous Government's Bill, which lapsed upon the dissolution of the last Dáil, it will elaborate the arrangements in a very comprehensive way, leaving no doubt about the conditions to be met before a conviction can be regarded as spent.
Its primary aim is to remove obstacles to gaining employment for persons whose convictions attracted sentences towards the lower end of the scale. It will provide for non disclosure by job seekers of convictions that resulted in custodial sentences below a certain threshold or where a non custodial sentence was imposed. The Bill will require the offender to have demonstrated a commitment not to re-offend by observing a period without further conviction before availing of the new arrangements. It will deal with convictions acquired by adults — the Children Act 2001 already caters for young offenders who acquired convictions before turning 18 — and it will have full retrospective effect.
I want to make it clear that while I am disposed to assisting former offenders who are committed to reform and rehabilitation, I will be providing that certain convictions, because of their nature, must always be disclosed and that full disclosure will be required in the case of certain types of employment, again because of the potential risks involved. In other words, disclosure will always be required in cases such as insurance fraud, sexual offences and offences reserved by law for trial by the Central Criminal Court. Similarly, disclosure will always be required in the case of certain sensitive employment posts in the public service and those involving contact with minors and vulnerable persons. These limitations clearly serve the wider public interest.
I am pleased to be able to indicate, albeit in fairly general terms, my intentions in this area. I am sure the new legislation will be seen by many as an opportunity to make a fresh start. That is good for the offender and for society at large.
Garda Operations
Niall Collins
Ceist:70 Deputy Niall Collins asked the Minister for Justice and Equality the work he has undertaken to prevent further dissident atrocities. [7166/11]
I refer the Deputy to my reply to Priority Question No.1 of today's date. I would like, nevertheless, to repeat that the Government is fully committed to supporting the Garda Síochána in its continuing anti- and counter-terrorist activities and to ensuring, in line with the Programme for Government, that it has all the resources required to defeat this menace. Cross-border security cooperation is the cornerstone of this effort and I am glad to say that in my short time as Minister I have seen just how closely the two police forces work together in this regard.
I have previously stated that I spoke with Northern Ireland Minister of Justice David Ford and with Secretary of State for Northern Ireland Owen Paterson in the immediate aftermath of last Saturday's murderous attack on Constable Ronan Kerr. Indeed, one of my first acts as Minister was to meet with Minister Ford. The Garda Commissioner and PSNI Chief Constable accompanied us to that meeting and shared with us a frank assessment of the threat posed by the small number of criminal terrorists who continue to operate in both jurisdictions. Regular contact is maintained between my Department and the Northern Ireland Department of Justice and the Northern Ireland Office.
Garda efforts to defeat these groups have, in the last eighteen months, resulted in around one hundred people being arrested in connection with terrorist activities. Forty-three people are currently charged before the Special Criminal Court. And fifty-four people are currently imprisoned having been convicted of offences relating to terrorist activity. I will shortly be asking the House to renew the provisions of the legislation enacted after the earlier atrocity in Omagh in 1998, as one means of ensuring that the Gardaí continue to have all the tools they require at their disposal.
Citizenship Applications
Finian McGrath
Ceist:71 Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding citizenship in respect of a person (details supplied). [7104/11]
A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in October 2009.
The application is currently being processed in the normal way with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course. While the average time from application to decision is 25 months, processing requirements and time taken to carry out necessary checks vary from case to case.
I am unhappy with the length of time it takes to process citizenship applications. I have initiated steps within my Department to provide for a speedier processing of applications and to bring about a substantial reduction in the time scale. When the Department is in a position to implement these new arrangements an announcement will be made.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Departmental Funding
Finian McGrath
Ceist:72 Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding a matter (details supplied). [7105/11]
The Commission for the Support of Victims of Crime, an independent body under the aegis of my Department, provides funding to the voluntary body One in Four. One in Four provides professional support to men and women who have experienced sexual violence, many of them during childhood. Such assistance may be considered appropriate, having regard to the details supplied. I am not in a position to comment further on the individual case raised by the Deputy.
Garda Recruitment
Maureen O'Sullivan
Ceist:73 Deputy Maureen O’Sullivan asked the Minister for Justice and Equality when Garda recruitment will be resumed; the numbers of community gardaí in Dublin central in 2010 and currently in the following stations, Store Street, Mountjoy Street, Fitzgibbon Street, Bridewell and Cabra; the current numbers in the Garda Reserve Force; his plans for further recruitment of same; and the number of garda at all levels who have retired in 2009, 2010 and to date in 2011. [7106/11]
A decision on when Garda recruitment will re-commence will take into account the rate of retirement in the Garda Síochána and Government targets for reductions in public service numbers.
I am informed by the Garda authorities that on 31 December 2010 the number of dedicated Community Gardaí attached to Dublin's North and South Central Garda Division's was 159 and 96 respectively.
I am further informed that, as of the latest date for which figures are readily available, the number of Gardaí currently assigned to Community policing in the specific Garda stations referred to by the Deputy, was as set out as follows.
|
Store St. |
Mountjoy |
Fitzgibbon Street |
Bridewell |
Cabra |
|
78 |
23 |
21 |
29 |
8 |
The personnel strength of the Garda Reserve, on the latest date for which figures are readily available was 773 with a further 104 in training. The number of retirements, both voluntary and compulsory, by rank in 2009 and 2010 and the number to-date in 2011 who have either retired or declared their intention to retire, is as set out as follows.
|
Rank |
2009 |
2010 |
2011 |
|
Commissioner |
— |
1 |
— |
|
Deputy Commissioner |
— |
— |
— |
|
Assistant Commissioner |
3 |
2 |
— |
|
Chief Superintendent |
14 |
3 |
— |
|
Superintendent |
26 |
14 |
4 |
|
Inspector |
29 |
8 |
4 |
|
Sergeant |
177 |
95 |
21 |
|
Garda |
437 |
239 |
45 |
|
Total |
722 |
362 |
74 |
Residency Permits
Jack Wall
Ceist:74 Deputy Jack Wall asked the Minister for Justice and Equality the position regarding a review application for the right of permanent residence in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [7155/11]
I am advised by the Irish Naturalisation and Immigration Service (INIS) that a request by the applicant for a review of the decision in this case was received on 23rd February, 2011. The EU Treaty Rights Review section of INIS wrote to the applicant on 5th April, 2011 advising them that the application had been received. Each application for review is examined on its own merits and a decision on the outcome of this review will be communicated as soon as possible.
Grant Payments
Brendan Griffin
Ceist:75 Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when REP scheme payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [7136/11]
The person named commenced REPS 4 in August 2008 and received the year 1 payment in May 2009 and year 2 payment in January 2010. Following the completion of all administrative checks 75% of the year 3 payment was made on 4th April 2011. The remaining 25% will be paid within two weeks.
Brendan Griffin
Ceist:76 Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when REP scheme payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [7137/11]
The person named commenced REPS 4 in May 2009. The year 1 payment has been processed and will be paid to the person named in the next two weeks.
Animal Identification Scheme
Éamon Ó Cuív
Ceist:77 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Fisheries and Food if he will introduce a recording system, similar to that for cattle and sheep, for farmed deer in order that there will be food traceability, disease control and that farmers could be held liable for damage caused by straying deer; and if he will make a statement on the matter. [7147/11]
The development of a registration and tagging system for deer can be considered by my Department only when a number of critical identification issues with sheep, goats, pigs and horses have been resolved.
Departmental Funding
Éamon Ó Cuív
Ceist:78 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Fisheries and Food if he will give Leader clerical officers access to funding from Access (1) for the development of food projects in view of the fact that it has been ruled that food projects are not eligible for funding under Access (3) and (4); and if he will make a statement on the matter. [7150/11]
The food projects funded by Leader under the Rural Development Programme play an important role in promoting food processing businesses in rural areas and in generating employment in these areas. This funding has recently been under discussion with the EU Commission. The Commission takes the view that this type of funding is more appropriate to Axis 1 of the Programme which aims to improve competitiveness and provides funding for processing of agricultural products. All EU funding available under Axis 1 is already committed to my Department's on farm investment schemes.
My Department is working closely with their colleagues in the Department of the Environment, Community and Local Government to resolve this issue bearing in mind the funding constraints. Both Departments are also keeping in touch with the Commission on the issue.
Grant Payments
Paul Connaughton
Ceist:79 Deputy Paul J. Connaughton asked the Minister for Agriculture, Fisheries and Food when a REP scheme payment will issue in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [7152/11]
Under the EU regulations governing the Agri-Environment Options Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Payment will issue to the person named at the earliest possible date once these checks have been completed.
Departmental Funding
John Paul Phelan
Ceist:80 Deputy John Paul Phelan asked the Minister for Community, Equality and Gaeltacht Affairs the funding that will be provided to an organisation (details supplied); if any changes in funding are planned; and if she will make a statement on the matter. [7145/11]
The Scheme to Support National Organisations in the Community and Voluntary Sector, under which the organisation referred to by the Deputy has been funded, commenced in 2008 with the aim of providing multi-annual funding to national organisations which provide coalface services to disadvantaged target groups. The three-year contracts were concluded at the end of 2010.
On 16 December 2010, applications were invited under a new round of funding for the Scheme to Support National Organisations in the Community and Voluntary Sector. This new round of funding will replace the previous Scheme and will provide multi-annual funding (subject to funding being available) to national organisations towards core costs associated with the provision of services. The closing date for applications was 24 January 2011.
On 2 December 2010, organisations funded under the previous Scheme were offered an extension to their contract until 31 March 2011. In light of the changes currently underway in relation to Departmental functions, I have decided to roll-over the current interim funding for a further month to allow sufficient time for decisions on the allocations under the new scheme to be made by the end-April 2011. The relevant organisations were informed of this revised timescale on 25 March 2011. All applicants, including the organisation referred to by the Deputy, will be contacted once the decision-making process for the new round of funding is finalised.
Tom Fleming
Ceist:81 Deputy Tom Fleming asked the Minister for Health and Children if he will provide funding to a group (details supplied) in County Kerry towards the cost of running a voluntary bus service which brings patients from all parts of County Kerry to Cork University Hospital free of charge on a daily basis. [7154/11]
The Health Service Executive (HSE) is currently reviewing its policy in relation to eligibility for non-ambulance based patient transport services in order that a consistent policy is adopted nationally for these services.
The need for patients to travel arises partly as a result of the consolidation of cancer services by the HSE National Cancer Control Programme (HSE NCCP). The HSE has designated Cork University Hospital and Waterford Regional Hospital as the two cancer centres in the Managed Cancer Control Network for the HSE Southern Region.
There are a number of systems of support in place for cancer patients who have to travel for treatment, through the HSE Community Welfare Office services and the Travel2Care scheme. The Travel2Care scheme is being implemented on a phased basis in line with the transfer of cancer services to the designated centres and the approved satellite centre, where this transfer of services has caused financial hardship. This scheme, which is funded by the NCCP and administered by the Irish Cancer Society, provides some financial help towards the costs of public transport such as trains or buses, private transport costs; or petrol and parking.
Health Services
Finian McGrath
Ceist:82 Deputy Finian McGrath asked the Minister for Health and Children the position regarding Health Service Executive supports or housing projects (details supplied). [7084/11]
As this is a service matter the question has been referred to the HSE for direct reply.
Finian McGrath
Ceist:83 Deputy Finian McGrath asked the Minister for Health and Children the position regarding a premises (details supplied) in Dublin 3. [7085/11]
As this is a service matter the question has been referred to the HSE for direct reply.
National Lottery Funding
Sean Fleming
Ceist:84 Deputy Sean Fleming asked the Minister for Health and Children when payment will issue to an organisation (details supplied) in County Laois.. [7088/11]
My Department has received an application for funding from the 2011 National Lottery allocation from the organisation in question. A grant was approved by the previous Minister for Health and Children, Mary Coughlan in February. The Department requested clarification in respect of aspects of the purpose of the grant from the organisation. Having received the requested clarification the grant will now be paid in the next few days.
Medical Cards
Caoimhghín Ó Caoláin
Ceist:85 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the position regarding medical card applications in respect of persons (details supplied) in County Kilkenny. [7098/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Caoimhghín Ó Caoláin
Ceist:86 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the position regarding a medical card application in respect of a person (details supplied) in County Kilkenny. [7099/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Jack Wall
Ceist:87 Deputy Jack Wall asked the Minister for Health and Children the position regarding the renewal of a medical card in respect of a person (details supplied). [7102/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Health Services
John Paul Phelan
Ceist:88 Deputy John Paul Phelan asked the Minister for Health and Children if he will ensure the continued provision of general practitioner facilities at a medical centre (details supplied) in County Kilkenny; and if he will make a statement on the matter. [7141/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Medical Cards
Charlie McConalogue
Ceist:89 Deputy Charlie McConalogue asked the Minister for Health and Children the reason a person (details supplied) has not been awarded a medical card. [7151/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
Hospitals Building Programme
Michael McCarthy
Ceist:90 Deputy Michael McCarthy asked the Minister for Health and Children the position regarding plans to extend a hospital (details supplied) in County Cork; the stage the project is at; when the Health Service Executive plans to commence the project; if funds have been sanctioned by him for the project; and if he will make a statement on the matter. [7172/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
Proposed Legislation
Caoimhghín Ó Caoláin
Ceist:91 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children his plans to introduce legislation requiring labels on alcohol products to warn of the dangers of drinking during pregnancy; and if he will make a statement on the matter. [7174/11]
My Department is developing legislative proposals to provide for the inclusion of health advice/warnings on alcohol drink containers (bottles, cans) and on promotional materials. Providing advice to pregnant women on the dangers of consuming alcohol during pregnancy and providing other health information to the consumer at the point of consumption are an important means of informing the consumer about the dangers associated with the alcohol product being consumed. Work on the legislative proposals will be informed by the recommendations of the National Substance Misuse Strategy (NSMS) Steering Group which is due to report later this year.
Children in Care
Caoimhghín Ó Caoláin
Ceist:92 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Question No. 117 of 30 March 2011, if he will provide clarification on the nature of the care institutions represented by the other category. [7175/11]
I wish to advise the Deputy that the category "other" referred to in my reply to Parliamentary Question No. 117 of 30 March 2011 refers to children who are cared for by way of residential short term special arrangements by either the HSE or agency staff while awaiting transition to a more permanent care placement.
Grant Payments
Tom Fleming
Ceist:93 Deputy Tom Fleming asked the Minister for Transport if he will provide the necessary funding to an organisation (details supplied) to develop a state of the art GAA Museum on the grounds of Fitzgerald Stadium, Killarney, County Kerry. [7153/11]
The regulation of the taxi industry, including issues pertaining to the grant of vehicle licences, is a matter for the National Transport Authority under the Public Transport Regulation Act, 2009.
I have referred the Deputy's Question to the NTA for direct reply. The Deputy should advise my private office if he does not receive a reply within ten working days.
Taxi Regulations
Aengus Ó Snodaigh
Ceist:94 Deputy Aengus Ó Snodaigh asked the Minister for Transport the position regarding the granting of a private contract to a taxi firm to run a taxi rank outside their hotel; if his attention has been drawn to such a development at a hotel (details supplied) in Dublin; and if he will make a statement on the matter. [7100/11]
The regulation of the taxi industry, including issues pertaining to the grant of vehicle licences, is a matter for the National Transport Authority under the Public Transport Regulation Act, 2009.
I have referred the Deputy's Question to the NTA for direct reply. The Deputy should advise my private office if he does not receive a reply within ten working days.
Road Network
Dominic Hannigan
Ceist:95 Deputy Dominic Hannigan asked the Minister for Transport the persons responsible for the removal of litter from the grass verges of the N2; and if he will make a statement on the matter. [7171/11]
The construction, improvement and maintenance of individual national roads, including litter-picking on the N2, is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 in conjunction with the local authorities concerned.