Written Answers Nos. 325-340
325. Deputy Niall Collins asked the Minister for Justice and Equality his plans to respond to the public submissions on the future of prostitution legislation here; the time frame for his response; and if he will make a statement on the matter. [40561/12]
Amharc ar fhreagra326. Deputy Niall Collins asked the Minister for Justice and Equality the time frame for any future legislative initiatives regarding legislation on prostitution here; and if he will make a statement on the matter. [40562/12]
Amharc ar fhreagraI propose to take Questions Nos. 325 and 326 together.
In June of this year, and as part of a review, I published a discussion document on the future direction of legislation on prostitution. The document was referred to the Joint Oireachtas Committee on Justice, Defence and Equality, which has been asked to report back to me by the end of November. The public submissions referred to by the Deputy were sought by the committee following its receipt of the discussion document and will be examined, in the first instance, by the committee. The committee's report will be fully considered in the framing of any necessary legislative proposals to be submitted to Government in due course.
For further background, I am appending the text of my statement of 22 June last when publishing the discussion document.
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Shatter Announces Publication of Discussion Document on the Future Direction of Legislation on Prostitution The Minister for Justice, Equality and Defence today published a discussion document on the future direction of legislation on prostitution. Publication of the discussion document follows the Minister’s announcement that he would be arranging a public consultation process as part of the current review of prostitution legislation. Announcing publication of the discussion document, Minister Shatter said: "The criminal law in this area is being reviewed primarily because of the changed nature of prostitution in Ireland. Prostitution was once mainly a street-based phenomenon. That is no longer the case. The organisation of prostitution is now much more sophisticated, highly mobile and is easily facilitated by the use of mobile phones and the internet. There is, of course, already a clear consensus on the great evils of child prostitution and trafficking for the purposes of sexual exploitation. However, I am aware that there are differing and genuinely held views on the approach the criminal law should take to other aspects of prostitution. While there is a significant amount of criminal legislation in this area already, there is always scope for change and improvement. It is important to review the law periodically to ensure it is up to date and comprehensively responds to altered circumstances." The Minister added that: "Prostitution is an issue which affects individuals, communities and society as a whole. It is important that I facilitate the expression of all views on this subject and that those views are examined in due course. Public debate should therefore, be open to the widest possible audience and I want to ensure that everyone who wishes to make a contribution to this important debate is given the opportunity to do so. It is for that reason I have decided on a consultation process before charting the way forward. My Department will hold a conference in the autumn to discuss the document. The widest possible participation will be encouraged in order that we have an open and transparent discussion on all aspects of this very important issue. This discussion document will now be referred to the Joint Oireachtas Committee on Justice, Equality and Defence. Interested groups and members of the public, I expect, will be invited to make submissions to the Committee which will hold such hearings as it deems appropriate. I am asking Mr. David Stanton T.D., Chairman of the Joint Committee, that it publish its report and recommendations by the 30th November 2012 and that the report be furnished to me together with any submissions received. I expect it is likely that the Committee’s report will also be lodged in the Oireachtas Library and that a debate on it will subsequently take place in both the Dáil and the Seanad. The report received by me from the Joint Oireachtas Committee will be fully considered in the framing of any necessary new legislative proposals to be submitted to Government in due course. I look forward to the results of the consultation process." The discussion document is attached below and will be made available on the Department’s website, www.justice.ie This discussion document does not favour any particular approach but simply tries to assist reflection. The arguments contained in the document are not exhaustive and the questions posed are not intended to limit in any way the range of questions readers might want to consider.22 June, 2012 |
327. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide an update on any action that he is taking to introduce a regularisation scheme for undocumented migrants living here; and if he will make a statement on the matter. [40572/12]
Amharc ar fhreagraI have no plans for any general scheme to legalise the residency of undocumented and illegally present foreign nationals in this State. It is the responsibility of all non-EEA nationals who are resident in Ireland to ensure that they have an appropriate permission from the Minister for Justice and Equality. Individuals who do not have a permission to be in the State are liable to be subject to the deportation process as provided for in Section 3 of the Immigration Act 1999.
I am of course aware that there have been proposals of this nature from sources outside of Government. However, great caution should be exercised before embarking on such a project. A proposal of this nature could give rise to very large, unpredictable and potentially very costly impacts across the full range of public and social services. Any possible implication for the operation of the Common Travel Area would also have to be very carefully considered.
At EU Level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008 made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases.
The circumstances of individual cases can vary considerably and it is logical that the outcomes will not always be the same. At one end of the spectrum are those whose illegal status is genuinely through no fault of their own while at the other can be found a flagrant disregard of the laws of the Irish State and an unwillingness to accept that those laws, under which tens of thousands of lawful migrants have made Ireland their home, must also apply to them. It is open to persons in an undocumented situation to present their case on its merits and to have it considered.
328. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if north south agreement has been reached on draft regulation in respect of curtailing certain drink promotions under section 16 of the 2008 Intoxicating Liquor Act; the date on which the draft regulations will be published; if he will give details of the anticipated main themes of the regulations; and if he will make a statement on the matter. [40573/12]
Amharc ar fhreagraThe position is that during my discussions earlier this year with the Minister for Social Development in Northern Ireland, Nelson McCausland, MLA, we agreed on the desirability of developing a joint North/South approach to restricting certain alcohol promotions and on the need to have the necessary arrangements in place by the end of this year.
The Department of Social Development in Northern Ireland subsequently launched a consultation process on draft proposals to prohibit fixed price promotions, i.e. unlimited supply of alcohol for a fixed price, in public houses and other premises with on licences, and to restrict the sale of bulk purchases of alcohol in supermarkets and other premises with off licences. Arising from the consultation process, Minister McCausland has recently announced that while he proposes to proceed with the prohibition on fixed price promotions in premises with on licences, he has decided not to proceed with restrictions on bulk purchases from off licences following concerns raised by the Northern Ireland Assembly's Social Development Committee.
In light of the approach being adopted in Northern Ireland, I am now considering how best to proceed with regulations under section 16 of the Intoxicating Liquor Act 2008. In this context, I am of course conscious that the effectiveness of any future restrictions in this jurisdiction could be undermined by the lack of any corresponding measures in Northern Ireland.
329. Deputy Regina Doherty asked the Minister for Justice and Equality if his Department still grants leave of absence; and if not, the reason this is not considered as a neutral cost saving exercise; and if he will make a statement on the matter. [40600/12]
Amharc ar fhreagraMy Department continues to grant leave of absence in the form of Career Breaks and leave under the Shorter Working Year Scheme. Other forms of unpaid leave are also widely availed of such as Parental leave, special unpaid leave for domestic reasons and study purposes. My Department also facilitates worksharing arrangements where possible.
330. Deputy Michael McGrath asked the Minister for Justice and Equality further to Parliamentary Question No 483 of 3 July 2012, if he will arrange for the report from the Gardaí to be forwarded to this Deputy as soon as possible. [40622/12]
Amharc ar fhreagraAs the Deputy will recall, some of the information requested previously could not be obtained in the time available. I am now informed by the Garda authorities that the following table sets out the number of proceedings commenced and convictions recorded for the offence of trading without a licence contrary to Section 7 of the Intoxicating Liquor (General) Act 1924, each year from 2007 to 2011 and in 2012 up to 2 July.
The number of proceedings commenced and convictions recorded for the offence of trading without a licence contrary to Section 7 of the Intoxicating Liquor (General) Act 1924
|
Year |
Proceedings |
Convictions |
|
2012* |
12 |
0 |
|
2011 |
33 |
11 |
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2010 |
34 |
13 |
|
2009 |
19 |
8 |
|
2008 |
58 |
16 |
|
2007 |
36 |
11 |
*Up to 2 July.
331. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he or the military authorities at the Curragh Camp have had recent discussions with the Department of Education and or Kildare Vocational Education Committee in relation to second level educational provision at the camp; if it is intended to provide improved accommodation for the existing school; if he and his Department are committed to the long term provision of education opportunities at a location (details supplied); and if he will make a statement on the matter. [40075/12]
Amharc ar fhreagraThe Curragh Post Primary School comes under the auspices of County Kildare VEC. My Department and the military authorities are not currently engaged in discussion with the Department of Education or Kildare VEC in relation to improved accommodation or the provision of second level education in general in the Curragh Camp. Discussions did take place in recent years between officials of my Department and Kildare VEC in relation to the provision of a site for a new school on the Curragh. However there have been no developments on this issue in recent times.
The military authorities have had requests in the past from the Post Primary School for the provision of facilities and currently the School has the use of Gym facilities and the Swimming Pool on a weekly basis. A playing pitch has also been provided as has support in terms of the school transition year programme
332. Deputy John McGuinness asked the Minister for Defence his views on the issues raised by a person (details supplied) in County Clare in correspondence to him dated 16 May 2012; if he will accept any of the suggestions made; and if he will make a statement on the matter. [40127/12]
Amharc ar fhreagraThere had been a suggestion for a commemorative medal to be issued to all serving members of the Defence Forces in 2013. However, having reviewed the matter, it has now been decided not to progress it further. While I welcome the suggestion in relation to a proposed “Old Soldiers Day”, it is not proposed to introduce a new military ceremonial event in the current economic climate.
333. Deputy Bernard J. Durkan asked the Minister for Defence his plans for the strength and structure of the Defence Forces; if such proposals will be in accord with other similar forces throughout the EU; and if he will make a statement on the matter. [40133/12]
Amharc ar fhreagraArising from the Comprehensive Review of Expenditure which reported at the end of 2011, I secured the agreement of the Government to stabilise the strength of the Permanent Defence Force at 9,500 personnel. However, at this strength ceiling, the organisational structures that had been in place for a strength ceiling of 11,500 personnel were no longer viable. Accordingly, I initiated a major re-organisation of the Defence Forces. In July of this year, I accepted the proposals submitted jointly by the Secretary General of the Department of Defence and the Chief of Staff which recommended a re-organisation of Defence Forces units based on a two Brigade structure. The implementation of the re-organisation has commenced and all personnel in the Permanent Defence Force have now been briefed on the re-organisation proposals.
The new structure will continue to support the inter-operability of the Defence Forces with other military forces on peace support operations. I am committed to maintaining the capacity of the Permanent Defence Force in order to ensure that the organisation can continue to fulfil all roles assigned both at home and overseas. The current re-organisation is part of that process.
334. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he expects to be in a position to augment, upgrade or otherwise continue to modernise the Air Corps; and if he will make a statement on the matter. [40134/12]
Amharc ar fhreagraThere are no plans for the acquisition of new aircraft for the Air Corps at the present time. This has to be taken in the context of the significant expenditure on the Air Corps fleet in recent years. The provision for the Air Corps in 2012 mainly relates to the maintenance and Power by the Hour contracts set up to keep the Air Corps fleet fully operational with specific maintenance work being carried out on the CASA Maritime Patrol Aircraft over the next two years. I am satisfied that the equipment, aircraft and technology available to the Air Corps are of a high standard and commensurate with the tasks assigned by Government.
335. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he intends to increase training with access to the most modern technology in the Air Corps; the way in which this will compare with standards in such forces elsewhere; and if he will make a statement on the matter. [40135/12]
Amharc ar fhreagraThe Air Corps keeps abreast of all developments in modern aviation. It conducts its training in accordance with industry best practices and to the highest standards, referencing European Aviation Safety Agency (EASA) and Federal Aviation Administration (FAA) requirements, using the most modern methods and equipment available.
336. Deputy Bernard J. Durkan asked the Minister for Defence the number of seagoing vessels currently available and seaworthy to the Naval Service at any given time; and if he will make a statement on the matter. [40136/12]
Amharc ar fhreagraI am advised that there is a fleet of eight ships available to the Naval Service, six of which are currently in operational service. Both LE Eithne and LE Orla are undergoing scheduled maintenance at present. In order to maintain maximum availability and serviceability, major maintenance for each vessel is planned well in advance and is incorporated into an annual patrol plan for the Naval Fleet. A ships replacement programme is in train and in that context a contract was signed in October 2010 with Babcock Marine in the United Kingdom for the provision of two new offshore Patrol Vessels. The build of the first ship is well underway and it is scheduled for delivery in 2014. The second ship will be delivered a year later.
The acquisition of these modern new vessels, combined with a continuous process of refurbishment and repair on the other vessels in the fleet, will ensure that the operational capability of the Naval Service is maintained at a satisfactory level and that the most up to date equipment, is available to Naval Service personnel to carry out its various roles.
337. Deputy Finian McGrath asked the Minister for Defence his views on the report of the Public Accounts Committee on the Irish Red Cross of May 2012; his further views on the recommendations made in this report and if he is satisfied with the progress made by him and by the Irish Red Cross in implementing these recommendations; and if he will make a statement on the matter. [40469/12]
Amharc ar fhreagraI welcome the fact that arising from the Chapter on Financial Control in the Irish Red Cross Society that was contained in the Report of the Comptroller and Auditor General 2010, the Oireachtas Committee of Public Accounts (PAC) subsequently dealt in some considerable depth with a wide range of issues relating to weak financial controls in the past and allegations of poor corporate governance. Each of the five recommendations made in the Committee’s subsequent Report that relate to the Department of Defence were carefully examined and noted by my Department. I am satisfied that despite an extremely difficult period in its recent history, there is clearly a strong process of reform now well under way at the Irish Red Cross Society and I welcome the very considerable progress that it has made in implementing new financial and accounting procedures, and in overhauling its corporate governance arrangements.
338. Deputy Pádraig Mac Lochlainn asked the Minister for Defence the number of people who have applied for the Defence Forces during each of the last fifteen years, but were refused on the basis that they had committed a serious offence; the offences that each of the persons had committed; and if he will make a statement on the matter. [40476/12]
Amharc ar fhreagra339. Deputy Pádraig Mac Lochlainn asked the Minister for Defence the serious offences convictions that would result in a persons application to the Defence Forces being refused. [40481/12]
Amharc ar fhreagraI propose to take Questions Nos. 338 and 339 together.
It is a matter for the Military Authorities to select candidates based on specific criteria and in accordance with Defence Force Regulations for positions in the Defence Forces. In relation to the specific statistics sought regarding applicants for enlistment in the Permanent Defence Force the Military Authorities have advised that they do not keep files on this type of information.
Defence Force Regulations stipulate that the following persons will not be enlisted in the Permanent Defence Force:
1. A person who has been convicted of a serious offence by a civil court.
2. A person who has been convicted by a Special Criminal Court of a scheduled offence under the Offences Against the State Act, 1939, unless -
(i) a period of seven years has elapsed since the date of such conviction, or
(ii) a free pardon has been granted in respect of such conviction, or
(iii) the disqualification incurred as a result of such conviction, from holding office or employment remunerated out of public funds has been remitted by the Government under subsection (5) of section 34 of the said Act.
Defence Force Regulations do not specify the particular offences.
340. Deputy Finian McGrath asked the Minister for Agriculture; Food and the Marine the amount of money that has been allocated to Ireland to implement the Habitats Directive 92/43/EEC since the start of implementation. [40077/12]
Amharc ar fhreagraMy colleague the Minister for the Environment, Community and Local Government, Mr Phil Hogan TD has primary responsibility for the implementation of the Habitats Directive.
As regards funding for the Rural Development Programme for Ireland, an overall amount is allocated to my Department under the European Agricultural Fund for Rural Development [EAFRD] which may be spent on a menu of rural development measures. Included among these is the Natura measure which provides for compensation to farmers for disadvantages in their farming activities arising out of three Directives, the Habitats Directive, the Wild Birds Directive and the Water Framework Directive.
Under the current Rural Development Financial Plan an indicative amount of €528m has been allocated to Natura and an amount of €1.8bn has been allocated to agri environment. These two amounts are aggregated for spending purposes however as Natura forms an integral part of the REPS and AEOS agri environment schemes. Participation in these schemes is voluntary on the part of farmers and in the light of take up to date an amount of €84.5m approx is expected to have been spent on the Natura element of these schemes under the RDP to the end of this year.
