Written Answers Nos. 1143-1163
1143. Deputy Brendan Smith asked the Minister for the Environment; Community and Local Government the financial cost to each local authority in 2010 and 2011 of cleaning up residue from illegal laundering and smuggling of fuel; and if he will make a statement on the matter. [39351/12]
Amharc ar fhreagraThe Office of the Revenue Commissioners has responsibility for the detection and investigation of illegal diesel laundries. It is clear from recent seizures that this illegal activity has grown significantly in recent years. A by-product from these illegal laundries is a hazardous waste sludge which tends to be abandoned or dumped by the side of the road. Local authorities have responsibility for the management and safe disposal of this abandoned residue and, until recently, this has been happening primarily in the border counties of Louth and Monaghan but is now occurring also in other areas.
While my Department does not collate information on the costs incurred by local authorities in dealing with waste arising from illegal oil laundering activities, in recognition of the costs involved in cases brought to my Department's attention, 100% grant assistance to date has been given for all costs claimed by the relevant local authorities. In 2010, €303,894.82 in grant assistance was paid and in 2011, €1,028,902.84 was recouped to the affected local authorities.
1145. Deputy Pearse Doherty asked the Minister for the Environment; Community and Local Government if he will provide a list of the payments made by the State to private land owners in 2010 and 2011 to acquire land for use in the public capital programme. [40009/12]
Amharc ar fhreagraThe information requested, insofar as my Department is concerned, is set out in the following table. (Land acquisition in respect of the main programmes funded by my Department is a function of the local authorities.)
|
Year |
Purpose of Land Purchase |
Amount |
|
2010 |
Initial payment for Purchase of Lands for Atmospheric Monitoring Station on Valentia Island |
€33,917 |
1148. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality if he will examine the way Garda districts communicate between each other; his views on whether there is a great degree of inflexibility within the way Garda stations communicate and deploy their resources; for example, someone living near Williamstown in north Galway had to wait for two hours for gardaí who are based at Tuam 23 miles distant, but could be on a call out as far east as Headford, to come to their assistance, while just four miles away two Garda squad cars sat outside the barracks in Castlerea; if he will consider introducing a similar system to that used by taxi firms to maximise the use of their resources. [36997/12]
Amharc ar fhreagraI am informed that all calls within the Galway Division are dispatched from the Divisional Control Room at Galway Garda Station using the Computer Aided Dispatch (CAD) System. The introduction of the Computer Aided Dispatch System in the Galway Division has significantly improved management of human and mobile resources within the Galway Division. The objective is to ensure that calls are responded to in a timely and professional manner, and Garda management in the Galway Division are satisfied that the procedure for responding to calls within the division is of the highest standard. This procedure is constantly monitored and reviewed and where deficiencies are highlighted immediate action is taken to correct.
I am further informed by the Garda authorities that Williamstown is situated within the Tuam Garda District which is divided into two Garda administrative areas, the headquarters of which are located at Tuam Garda Station and Dunmore Garda Station. The Dunmore administrative area covers Dunmore, Glenamaddy, Williamstown and Ballymoe Garda Stations. The Tuam administrative area covers Tuam, Headford, Corrofin, Barnaderg, Miltown and Kilconly Garda Stations. When a Garda member in Williamstown is not on duty, cover is provided by Garda personnel on duty in Dunmore Station where there is one patrol car stationed. Calls pertaining to the Dunmore administrative area are responded to by Garda personnel stationed in that area. However, where necessary, Gardaí from the Tuam administrative area can also respond to calls in the Dunmore area. The rostering of Garda personnel in the Dunmore area ensures that there is a member on duty at all times.
Finally, as the Deputy implies in his question, Castlerea Garda Station in the Roscommon Division is, geographically, the closest District Headquarters to Williamstown Garda Station. I am advised that Gardaí in the Tuam District liaise closely with members from the Castlerea District and regularly share information pertaining to policing matters, crime patterns, criminals etc. operating in the area. The members from Castlerea District also assist members in the Dunmore administrative area when requested. Garda management assures me that this cooperation will continue to exist into the future.
1149. Deputy Dara Calleary asked the Minister for Justice and Equality the measures he has implemented to improve competitiveness in relation to commercial rents; and if he will make a statement on the matter. [37404/12]
Amharc ar fhreagra1150. Deputy Dara Calleary asked the Minister for Justice and Equality his policy on upward-only rent reviews. [37425/12]
Amharc ar fhreagraI propose to take Questions Nos. 1149 and 1150 together.
As the Deputy will be aware, Section 132 of the Land and Conveyancing Law Reform Act 2009 prohibits upward only rent reviews in respect of leases entered into on or after 28 February 2010. The Deputy will also recall that the Government announced in December last that it had decided not to proceed with legislation to abolish upward only rent reviews in existing commercial leases, i.e., those entered into prior to 28 February 2010. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The Government was strongly of the view that payment of compensation to landlords in such circumstances could not be justified in the current economic climate.
While legislative intervention may not be feasible, the Minister for Finance has outlined the role which NAMA can play in dealing with the problems caused by upward only rent reviews which apply to NAMA properties. NAMA has published its policy guidance which will inform the approach to be taken where relevant tenants are experiencing difficulties in paying rents. Where there is a failure to reach agreement on revised contracts the policy guidance provides an opportunity for NAMA to approve rent reductions where it can be shown that rents are in excess of market levels, and that the viability of the tenant is threatened. The policy also provides for the appointment of an independent valuer to ascertain current market rent. Where a tenant is not getting satisfaction he or she can contact NAMA directly.
While overall responsibility for competitiveness policy rests with the Department of Jobs, Enterprise and Innovation, one of the difficulties in relation to rent reviews in the commercial property sector is the absence of readily accessible and accurate information in order to determine the market rent payable in respect of comparable commercial properties. This issue has been addressed in the Property Services (Regulation) Act 2011 which provides for the establishment and maintenance of a Commercial Leases Database by the Property Services Regulatory Authority. Work is underway to ensure that the Database will be operational at an early date.
Finally, I would also note the existence of a rent review arbitration code which was developed by an expert group whose membership was drawn from all relevant stakeholders and which provides a mechanism to deal with the resolution of rent review disputes in the commercial property sector.
1151. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for citizenship in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [37773/12]
Amharc ar fhreagraI am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
1152. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [37774/12]
Amharc ar fhreagraThe person concerned was granted temporary permission to remain in the State on 3 January, 2001 under the arrangements then applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005. This permission was renewed on a regular basis and is currently valid until 4 October, 2012. I would advise the person concerned to seek renewal of her permission with her local Immigration Officer.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in August, 2012. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
1153. Deputy Jim Daly asked the Minister for Justice and Equality the funding, if any, that can be directed to community projects arising from revenue collected by the Criminal Assets Bureau; and if he will make a statement on the matter. [38784/12]
Amharc ar fhreagraAll monies collected by the Criminal Assets Bureau are returned to the Exchequer in accordance with the provisions of the Proceeds of Crime Acts 1996 and 2005. Such funds are paid into the Government's Central Fund, from which the Government draws for expenditure on all necessary public services and investment. From time to time, it has been suggested that such monies should be used to fund community projects. However, while my Department has previously consulted with the Department of Finance on the matter and it has been accepted that there may be some symbolic value in the suggestion, it is considered problematic and raises a number of practical difficulties.
A policy of ring-fencing monies obtained by the Exchequer and the reallocation of these for a specific purpose runs contrary to the normal Estimates process. While allowing for a small number of very specific targeted exceptions, it is believed that earmarking revenues for a specific expenditure programme would, in general, constrain the Government in the implementation of its overall expenditure policy. There is also the problem of additional costs which would accrue in the administration of any scheme to divert such funds to local projects and additional administrative costs without any additional revenues being generated. It could also be argued that a significant proportion of the monies secured by the Bureau are already owed to the Exchequer as it often relates to non-payment of taxes and social welfare fraud.
In the current economic climate the Exchequer could not sustain a loss of revenue without making compensatory adjustments. If the monies collected by the Bureau were to be diverted to community projects, there would inevitably be implications for any other monies those projects received from the Exchequer. Alternatively, other public expenditure programmes would have to sustain the loss. There are currently no proposals to change the existing arrangements concerning such monies.
1154. Deputy Michael Healy-Rae asked the Minister for Justice and Equality when he will implement the Charities Act 2009 in full; and if he will make a statement on the matter. [38818/12]
Amharc ar fhreagra1187. Deputy Eoghan Murphy asked the Minister for Justice and Equality when he plans to implement the Charities Act 2009. [37669/12]
Amharc ar fhreagra1275. Deputy Robert Dowds asked the Minister for Justice and Equality if he has given further consideration to full implementation of the Charities Act 2009 with regard to its provisions on regulation; and if he will make a statement on the matter. [38889/12]
Amharc ar fhreagraI propose to take Questions Nos. 1154, 1187 and 1275 together.
The Charities Act 2009 provides for an integrated system of mandatory registration and proportionate regulation and supervision of the charities sector in Ireland. The various sections of the Charities Act are subject to implementation through commencement orders. Sections that it was possible to commence in advance of the establishment of the Charities Regulatory Authority, as provided for under the Act, have been commenced. The remainder will be commenced following the establishment of the Authority.
The Deputy will appreciate that the full implementation of the Charities Act, including the establishment of the Authority, had to be examined in the context of the comprehensive review of expenditure, which took place last year. Arising from this review, and in the context of the need to reduce Government spending, I took the view that it was not possible to proceed with the full implementation of the Act at this time given the likely scale of the financial and staffing resources then envisaged, and that this should be deferred. In light of this decision my Department is currently examining options for resource efficient ways of making progress towards the objectives of the Charities Act.
It should be recalled that there is, at present, a range of regulatory oversight measures that can apply to charities. Many charities are already subject to scrutiny by various State Bodies. The Revenue Commissioners have granted charitable tax exemptions to almost 8,000 charities and have significant powers to ensure that such charities comply with tax law. A full list of these charities is available to the public at www.revenue.ie. Many charities are companies limited by guarantee and, as such, are also subject to the provisions of company law and are generally required to provide certain information to the Companies Registration Office under the Companies Acts. This information can then be accessed by the public. Such charities would also potentially be subject to scrutiny by the Office of the Director of Corporate Enforcement. Charities that take the form of a trust are subject to the provisions of trust law. And, of course, any business entity is subject to general criminal and fraud legislation.
1155. Deputy Eoghan Murphy asked the Minister for Justice and Equality further to Parliamentary Question No. 605 of 14 September 2011, if he has had the opportunity to revise the 2009 legislation in response to the Start Mortgages decision. [37007/12]
Amharc ar fhreagraThe position is that the High Court judgment to which the Deputy refers has been appealed to the Supreme Court. Consultations between my Department and the Office of the Attorney General regarding the implications of that judgment and more recent High Court judgments concerning the rights of lending institutions are ongoing.
1156. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [37150/12]
Amharc ar fhreagra1256. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [38689/12]
Amharc ar fhreagraI propose to take Questions Nos. 1156 and 1256 together.
I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in December, 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
1157. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied); and if he will make a statement on the matter. [37151/12]
Amharc ar fhreagra1257. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied); and if he will make a statement on the matter. [38696/12]
Amharc ar fhreagraI propose to take Questions Nos. 1157 and 1257 together.
I am pleased to inform the Deputy that the person referred to had his application granted and was presented with a Certificate of Naturalisation at a citizenship ceremony held at the Convention Centre, Dublin on 30 August 2012.
1158. Deputy Tom Fleming asked the Minister for Justice and Equality if he will initiate a national leaflet campaign in conjunction with the policing committees in each county (details supplied). [37152/12]
Amharc ar fhreagraI can advise the Deputy that An Garda Síochána provides a wide range of crime prevention information to the public, including important information for house holders and older people. I am in ongoing contact with the Garda Commissioner on all aspects of crime and crime prevention and will continue to support the steps An Garda Síochána are taking to raise awareness of these issues. In particular, the Garda National Crime Prevention Unit has designed advice leaflets on home security and burglary which use a step by step checklist to highlight key measures that can be taken by members of the public. A specific information leaflet on security for the older person has also been produced which addresses issues such as personal and home security, cash security and the issue of 'bogus callers'.
As well as being available directly from the Gardaí or from the Garda website, www.garda.ie, the Gardaí disseminate this information locally as part of their ongoing community policing work and through liaison with Community Alert, Neighbourhood Watch and other local groups. Gardaí also take particular steps to interact with older people at a local level as part of An Garda Síochána's Older People Strategy and in conjunction with the Age Friendly County Initiative, Senior Citizen Information Days and other similar events. In addition, through their work on Joint Policing Committees the advice and assistance provided by the Gardaí can be further targeted to meet local conditions and needs, including with respect to the dissemination of crime prevention information.
Insofar as national awareness campaigns are concerned, in May of this year the Garda Commissioner launched the national 'Garda Supporting Safer Communities Campaign'. This important campaign highlighted a range of key issues, in particular burglary prevention. The primary objective of this Garda Community Safety Campaign is to engage with, and raise awareness within communities of initiatives aimed at preventing crime, reducing the fear of crime and promoting community safety. A further Garda awareness campaign is due to take place from 25th September to 2nd October which will again draw attention to crime prevention issues, including issues for older people. In addition to these specific campaigns, the Gardaí also make frequent use of broadcast media to highlight crime prevention advice, and the Crime Call TV programme, which is broadcast once a month to an average audience of 400,000 viewers, regularly includes advice and information on crime prevention. I hope the Deputy will appreciate that the aims of the type of initiative he mentions are already being met through the above wide range of initiatives.
1159. Deputy Michael McNamara asked the Minister for Justice and Equality when naturalisation status will be finalised in respect of persons (details supplied) in County Clare; and if he will make a statement on the matter. [37153/12]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) that a Certificate of Naturalisation for the second named minor referred to by the Deputy was issued to his parent on 28 August, 2012. The submission of certain documentation is currently awaited in respect of the first-named minor in order that the final processing of her Certificate of Naturalisation can take place. Applications for a certificate of naturalisation from the third and fourth named persons referred to by the Deputy were received in October, 2011. The applications are currently being processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. As well as being a significant event in the life of its recipient, the granting of Irish citizenship through naturalisation as provided for in law is also a major step for the State which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
1160. Deputy Finian McGrath asked the Minister for Justice and Equality if he will support the proposal for more community policing and Garda foot patrols in an area (details supplied). [37154/12]
Amharc ar fhreagraThe Deputy will be aware that the Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
All Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise. I have however been informed that the area in question falls within the remit of Coolock sub-district and four dedicated Community Gardaí are assigned to cover the Clonshaugh area. New rostering arrangements have led to increased patrols in all areas at peak times. A High Visibility Policing Plan for the Dublin Region, including the Coolock District, has commenced which has resulted in dedicated high visibility patrols in key commercial/ public thoroughfares at strategic times dictated by crime trends, demand led policing and footfall for the areas in question. This high visibility presence will specifically target areas of concern.
Community policing within this area is a central feature and a core value in policing policy and the Community Police Unit has developed a strong partnership approach to problem solving with the community. Current policing policy is predicated on the prevention of public order offences and the prevention of crime including crimes of violence against persons and property.
1161. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide a breakdown of the costs of office holder car transport over the past 12 months; and if he will make a statement on the matter. [37156/12]
Amharc ar fhreagra1162. Deputy Niall Collins asked the Minister for Justice and Equality the total cost of office holder car transport in 2010; the same figures for car transport cost for Ministers of State; the total cost of car transport including ministerial and office holder transport since March 2011; and if he will make a statement on the matter. [37157/12]
Amharc ar fhreagraI propose to take Questions Nos. 1161 and 1162 together.
As the Deputy will be aware, the Government introduced a number of changes for the provision of Office Holder transport during 2011. One of the consequences of that decision was that the transport arrangements in place for Ministers of State became applicable to Government Ministers, subject to very limited exceptions on security grounds. In addition, it was decided that former Presidents and Taoisigh would only be supplied with official transport for important State occasions. The revised transport arrangements came into operation for Government Ministers on 1st May 2011 and for former Office Holders on 16th June 2011.
The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I am informed by the Garda authorities that expenditure on Office Holder transport for the periods referred to was as outlined in the following table.
|
Period |
Expenditure |
|
2010 |
€7,502,896 |
|
01/03/11-31/7/12 |
€4,831,057 |
|
01/08/11-31/07/12 |
€2,288,777 |
Costs arising during the period 01/03/11 - 31/07/12 included costs associated with the service prior to and after the new transport arrangements had been fully introduced.
The Garda authorities do not have details of Ministerial transport costs which are not charged to the Garda Vote.
1163. Deputy Arthur Spring asked the Minister for Justice and Equality if a Garda vetting clearance certificate should be transferable to a new employer if the certificate was awarded within the last two to three-year period in view of the fact that those seeking employment have to reapply each time they start a new job; and if he will make a statement on the matter. [37158/12]
Amharc ar fhreagraGarda vetting certificates are issued to specified organisations registered with the Garda Central Vetting Unit for that purpose in respect of a particular post or employment. A vetting disclosure is made in response to a written request and with the permission of the person who is the subject of that request. As the Deputy is aware, the certificate is non-transferable. This protects against the risk of fraud or forgery of such certificates and is a guarantee of the integrity of the vetting system. There are no plans at present to amend this procedure.
I should also emphasise that the certificate is a disclosure to the requesting, registered organisation of the position at the time when it is issued. Each time a new vetting application is received, new and full vetting checks are conducted. This is to ensure that the most recent data available is taken into account. The primary purpose of the vetting process is the protection of children and vulnerable adults. This must remain so.
