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Wednesday, 22 May 2013

Written Answers Nos. 204 - 211

Community Service Orders

Ceisteanna (204)

Pádraig Mac Lochlainn

Ceist:

204. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the estimated cost of every person on community service on a hourly and weekly basis. [24717/13]

Amharc ar fhreagra

Freagraí scríofa

The Probation Service is currently undertaking an updated study of community service costs which will include identifying the average hourly and daily costs. However, based on 2010 figures, I can inform the Deputy that the average cost of a Community Service Order was €2,200. The average number of hours worked was approximately 150. It should be noted that the maximum number of hours allowed for by the Criminal Justice (Community Service) Act, 1983 is 240.

Community Service Orders

Ceisteanna (205)

Pádraig Mac Lochlainn

Ceist:

205. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons that were sentenced to community service in the years 2011 and 2012 and the durations of same. [24718/13]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the number of persons who were sentenced to community service by the District Court in 2011 and 2012 was 2,497 and 2,266 respectively.

A breakdown of District Court sentences of community service is set out in the table below. The total periods of community service imposed in each year is greater than the number of persons sentenced as indicated above because individuals can be sentenced to two or more separate periods of community service.

Period of Community Service

2011

2012

0 - 50 hours

124

125

51 - 100 hours

859

764

101 - 150 hours

735

696

150 - 200 hours

610

507

200 - 240 hours

329

328

Total

2,657

2,420

In addition, I am informed that the Circuit Court sentenced 134 persons to community service in 2011 and 160 in 2012. The Service was not in a position to provide a breakdown by hours in respect of the Circuit Court.

Prison Committals

Ceisteanna (206)

Pádraig Mac Lochlainn

Ceist:

206. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons that were sentenced to jail time in the years 2011 and 2012 and the durations of same. [24719/13]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that there were 13,526 committals under sentence to prison in 2012 compared with 12,990 in 2011. The table below shows the sentence length of those committed under sentence in 2012 and 2011.

Sentence Length

2012

2011

<3 Months

8,837

8,070

3 to <6 Months

1,734

1,786

6 to <12 Months

1,273

1,358

1 to <2 Years

461

636

2 to <3 Years

447

380

3 to <5 Years

494

472

5 to <10 Years

227

227

10+ Years

31

39

Life

22

22

Total

13,526

12,990

Prison Committals

Ceisteanna (207)

Pádraig Mac Lochlainn

Ceist:

207. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the number of persons that were sentenced to jail for non payment of fines in 2011 and 2012; the amount of fines involved and the length of sentence they served. [24720/13]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the number of committals to prison for non-payment of a court order fine in 2012 was 8,304. The 2011 figure was 7,514 . It is not possible to provide the amount of the fines involved or the length of sentence for each case, as this would necessitate a manual search of each record and would require a disproportionate and inordinate amount of staff time and effort and could not be justified where there are other significant demands on resources. However, I can advise the Deputy that the proportion of persons in custody for non-payment of fines at any time is a minute fraction of the overall prisoner population. To illustrate this point on 21 May 2013 there were 13 persons in custody for non-payment of a fine out of a total prison population of 4,269.

Garda Recruitment

Ceisteanna (208)

Pádraig Mac Lochlainn

Ceist:

208. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the costs to end the current moratorium and recruit 250, 500, 1000 Garda recruits immediately. [24721/13]

Amharc ar fhreagra

Freagraí scríofa

I have sought the relevant information from the Garda authorities and I will contact the Deputy further in relation to this matter as soon as possible.

Immigrant Investor Programme Applications

Ceisteanna (209)

Michael McGrath

Ceist:

209. Deputy Michael McGrath asked the Minister for Justice and Equality if he will show separately, in respect of the immigrant investor programme and the start-up entrepreneur scheme, the number of persons who have availed of each scheme to date; the amount that has been invested to date; the number of jobs that have been created; and if he will make a statement on the matter. [24741/13]

Amharc ar fhreagra

Freagraí scríofa

The Immigrant Investor Programme and the Start-up Entrepreneur Programme were opened for applications in April 2012. Since then, the Irish Naturalisation and Immigration Service have received 28 applications for the Start-up Entrepreneur Programme and 10 Applications for the Immigrant Investor Programme. Fourteen applications have been approved under the Start-up Entrepreneur Programme, seven applications have been refused, one applicant gained an alternative status and the remainder are still under consideration. Three applications have been approved under the Immigrant Investor Programme and the remainder are still under consideration. To date the total investment committed under both Programmes is of the order of €10.5 million and that it is projected that 270 jobs will be retained or created on foot of these investments in the ICT, recycling and financial services areas. In addition two organisations, one educational and the other a charity, are receiving substantial endowments to support and develop their activities.

Spent Convictions Legislation

Ceisteanna (210)

Seán Kyne

Ceist:

210. Deputy Seán Kyne asked the Minister for Justice and Equality when it is envisaged that the Criminal Justice Spent Convictions Bill will be passed in view of the importance of the Bill in assisting those citizens move on from minor misdemeanours. [24787/13]

Amharc ar fhreagra

Freagraí scríofa

The Criminal Justice (Spent Convictions) Bill 2012 is awaiting Report Stage in the Dáil. It has passed all stages in the Seanad. The Bill is intended to work in harmony with the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. However, elements of that Act concerning the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. The Court considered the circumstances in which it is appropriate to disclose convictions for minor offences with particular regard to Article 8 of the European Convention on Human Rights. While the judgment concerns legislation that differs from the 2012 Act and the proposed Bill, I take the view that the legal principles identified by the Court in relation to the application of Article 8 merit consideration. In the event that some modifications are required to the 2012 Act my intention is to bring them forward by way of amendment to the Bill and to make any consequential changes to the Bill itself that are required to ensure that the two regimes work in harmony. Until this work is complete I am not in a position to give an indication of the likely timing of Report Stage. However, I am conscious of the importance of the Bill to the reintegration of offenders and I will endeavour to ensure that there is no undue delay.

Subsidiary Protection Applications

Ceisteanna (211)

Thomas Pringle

Ceist:

211. Deputy Thomas Pringle asked the Minister for Justice and Equality when the new provisions for dealing with subsidiary protection under the Immigration and Refugee Acts will be in place and decisions allowed to be processed; and if he will make a statement on the matter. [24789/13]

Amharc ar fhreagra

Freagraí scríofa

The necessary legislative provisions to implement the new arrangements are in preparation in conjunction with the Office of the Attorney General, and they will be put into operation as soon as possible. Further details are available on the Irish Naturalisation and Immigration Service (INIS) website - www.inis.gov.ie and these will be kept updated as developments occur.

Departmental Properties

Ceisteanna (212)

Martin Heydon

Ceist:

212. Deputy Martin Heydon asked the Minister for Defence his views on encroachment charges (details supplied) in County Kildare; and if he will make a statement on the matter. [24552/13]

Amharc ar fhreagra

Freagraí scríofa

An encroachment generally arises when a person, club, company etc. wish to have use of Department of Defence property on an ongoing basis. Encroachments are governed by a Licence Agreement which states the conditions under which the Minister (Licensor) allows the encroachment. Licences are generally reviewed on an annual basis. Charges are currently levied in respect of one hundred and twenty instances of encroachment. The oldest licensed encroachment in force dates back to 1950. There are no plans to review the current encroachment charges.

Disability Act Employment Targets

Ceisteanna (213)

Tom Fleming

Ceist:

213. Deputy Tom Fleming asked the Minister for Defence the target of his Department and subsidiary offices throughout the country regarding employment of persons with disabilities in the special category; if the target is being achieved; the total number of employees in that category currently and the percentage of the total workforce in his Department that it represents; and if he will make a statement on the matter. [24611/13]

Amharc ar fhreagra

Freagraí scríofa

The target for my Department, including all agencies and bodies, regarding employment of persons in the special category with disabilities is 3%, in line with Government policy. The target of 3% has been achieved. Based on the most recent returns, we currently have 50 employees with a disability, as defined in the Disability Act 2005, serving in my Department and subsidiary offices. This number represents 5.05% of the total workforce.

Military Service Pensions

Ceisteanna (214)

Michael McGrath

Ceist:

214. Deputy Michael McGrath asked the Minister for Defence in the context of the Military Service Pensions Act 1934, if there is a distinction between active service and service; the way decisions are made to issue a certificate of active service under the Act; the way surviving family of a former activist under the Act can apply for a certificate of active service issued and to have evidence they may hold in that regard assessed by the Department (details supplied) [24715/13]

Amharc ar fhreagra

Freagraí scríofa

The Military Service Pensions Act 1934 (the 1934 Act) provided for a Referee, assisted as required, by an Advisory Committee to investigate and report on all applications referred to them by the Minister for Defence under the Act. The findings of the Referee were final, conclusive and binding on all persons and tribunals whatsoever and could only be reopened on the ground that evidence not available prior to the making of a report by the Referee became available. The power to request the re-opening of a particular case was removed by subsequent legislation. In each case referred for investigation, the Referee reported to the Minister for Defence as to whether the applicant was or was not a person to whom the 1934 Act applied. If the applicant was a person to whom the 1934 Act applied then a "service certificate" awarded by the Minister for Defence under Section 10 of the Act (based on the Referee’s findings) would have rendered an applicant eligible for the award of a pension.

In 1938, the person in question, now deceased, submitted an application under the 1934 Act on the basis of his activities in Fianna Éireann. His application was duly investigated by the Referee and Advisory Committee. In 1941 the Referee reported to the Minister that the applicant was not a person to whom the 1934 Act applied. In such circumstances the then Minister could not issue a service certificate under the 1934 Act. In accordance with a Government decision taken in 1942, the Service (1917-1921) Medal was awarded in two classes: (a) Medal with bar to persons who were in possession of a military service certificate entitling them to a pension under the Military Service Pensions Acts in respect of active service in the period subsequent to 1916 and prior to 11 July 1921 and to those persons not in possession of a certificate who satisfied the Minister for Defence that had they applied for a pension, their service was such as would have merited the award of a pension; (b) Medal without bar to persons who were members of Óglaigh na hÉireann (Irish Republican Army) Fianna Éireann, Cumann na mBan or the Irish Citizen Army for the three months ending 11 July 1921.

The deceased person in question applied for a Service (1917-1921) Medal in August 1943 and a medal without bar was subsequently issued. The Military Service Pensions (Amendment) Act 1949, amongst other things, reopened the cases of applicants who had previously been rejected under the 1924 and 1934 Military Service Pensions Acts by allowing them to appeal against such rejections. The Military Service Pensions (Amendment) Act 1953 fixed 18 September 1953 as the latest date for appeals by way of petition under the 1949 Act. Correspondence was received on the applicant's behalf in 1954; however, no action could be taken as the closing date for petitions had passed. The Referee and Advisory Committee concluded its work in September 1958. In the circumstances, it will not be possible to further consider the issue of a service certificate under the 1934 Act in this case.

Common Foreign and Security Policy

Ceisteanna (215)

Andrew Doyle

Ceist:

215. Deputy Andrew Doyle asked the Minister for Defence the details of the discussion held at the seminar he hosted in Dublin Castle on 17 May regarding the Common Security and Defence Policy; and if he will make a statement on the matter. [24728/13]

Amharc ar fhreagra

Freagraí scríofa

The European Council meeting in December next will include, for the first time in five years, a thematic discussion on defence issues. The European Council will discuss three clusters of issues. These are (a) increasing the effectiveness, visibility and impact of CSDP; (b) enhancing the development of defence capabilities; and, (c) strengthening Europe’s defence industry. As part of Ireland's Presidency of the European Council, I hosted a seminar in Dublin Castle on 17 May, 2013, to discuss these issues. The seminar formed an integral part of the preparatory process of developing the agenda for the European Council discussion, with presentations from the European External Action Service, the European Defence Agency, the European Commission, Member States, academia and industry. In my own address, I underlined the importance of this Council meeting and the need for clarity and consensus at EU level to ensure that the EU can effectively respond to emerging international crises. I pointed out that achieving the EU's ambition in Common Security and Defence Policy requires a greater willingness amongst Member States to coordinate their efforts, rather than continuing to act individually. There is also a need to ensure that the Union has the requisite resources and military capabilities, able and willing to effectively respond to emerging international crises that could ultimately have an adverse effect on the EU and on the security of our States and our citizens. Having capabilities is one thing, but as I said at the seminar, the political will to deploy them is a key and missing component, which Heads of State and Government will need to address in December. I also pointed to the important role which the Defence Industry plays in support of jobs, growth, leading edge technology and innovation and, with a particular focus on our own national capacity, the contribution which SMEs can make in this regard. Contributors and participants had the opportunity to consider this and to debate the issues across the three clusters mentioned above.

Naval Service Vessels

Ceisteanna (216)

Andrew Doyle

Ceist:

216. Deputy Andrew Doyle asked the Minister for Defence his plans for LE Emer and LE Aoife when they are decommissioned from the Irish Naval Service in September 2013 and September 2014 respectively; and if he will make a statement on the matter. [24735/13]

Amharc ar fhreagra

Freagraí scríofa

In consultation with the Naval Service, the Department of Defence recently sought expressions of interest from qualified persons who could assist the Department with the sale of LE Emer and LE Aoife following the decommissioning of both vessels. The closing date for the receipt of such expressions of interest by the Department is tomorrow Thursday 23 May 2013. Following the deadline for receipt of the expressions of interest, the Department will follow up with interested parties with regard to the selection process of the person or company to assist the Department of Defence with the sale of the vessels, including the methodology for the sale process.

Animal Disease Controls

Ceisteanna (217)

John O'Mahony

Ceist:

217. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine if it is compulsory to carry out a scrapie test on sheep over two years old; and if he will make a statement on the matter. [24497/13]

Amharc ar fhreagra

Freagraí scríofa

Under EU rules my Department is obliged to have scrapie tests carried out each year on 10,000 fallen sheep and 10,000 sheep slaughtered for human consumption, over 18 months of age. In 2012, Ireland's Active Surveillance Programme involved the testing of 10,342 fallen sheep over 18 months of age at knackeries and 10,963 sheep over 18 months of age at slaughter plants.

Fodder Crisis

Ceisteanna (218)

Brendan Griffin

Ceist:

218. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he will provide additional supports to farmers who are experiencing severe fodder shortages in view of the continued adverse weather conditions; and if he will make a statement on the matter. [24498/13]

Amharc ar fhreagra

Freagraí scríofa

I announced on 10 May an extension of the imported fodder transport scheme for a further two weeks and the doubling of the fund to €2 million. Following consultation with Met Eireann, Co Ops, the farming organisations, Teagasc and the advice of officials working on the ground, the decision was taken to allow a further two weeks for fodder to be imported into the country with a doubling of the transport subsidy fund. Fodder, eligible under the scheme and delivered into the country will be covered up to next Friday 24 May. I have also decided, as an exceptional measure, that any definite purchases that have been placed by that date, but which will be delivered during the following week, will be included under the scheme. By the end of the week some 2,000 loads of imported fodder, amounting to about 30,000 tonnes, will have benefited from my Department's contribution to these transport costs. My Department will continue to monitor the situation on a day by day basis. This remains a very challenging situation for farmers and the extension to 24 May will allow both farmers and Co Ops to have some certainty around the supply of fodder over the coming weeks. It is also important that while continuing to focus on the emergency fodder position in the short term, farmers should also focus on growing and conserving fodder for next winter's needs. We should be maximising production in the coming period and I have asked Teagasc to prioritise this policy in their advisory campaigns over the summer months. It is clear that the main cut of silage will be delayed this year and as a consequence we need to look at the potential for the growing of additional fodder later into the season. In this regard I have also raised a number of specific issues within the Nitrates regulations with my colleague Minister Hogan, Minister for the Environment, Community and Local Government with a view to ensuring we maximise the opportunity for fodder production this year.

The Animal Welfare Hotline which I established remains open for those with emergency situations or who need information about where to source fodder: 1850 21 19 90 (Low-call). The majority of calls received are enquiring about fodder availability and these callers are being referred to Co-ops in their respective areas. Those farmers with animal welfare issues are being referred to the DVOs where there are systems in place to deal with them on a case by case basis. Further information on the scheme is available from the Department website - http://www.agriculture.gov.ie/animalhealthwelfare/fodderassistanceapril2013/.

Fodder Crisis

Ceisteanna (219)

Martin Ferris

Ceist:

219. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the amount of the €2 million allocated to addressing the fodder crises that has been utilised. [24502/13]

Amharc ar fhreagra

Freagraí scríofa

The Fodder Transport Subsidy Scheme had played an important role in contributing to the efforts of recent weeks, with the transport costs of sizable quantities of fodder being significantly offset by my Department’s contribution. By the end of the week, approximately 2,000 loads of imported fodder will have benefited from my Department’s contribution to the transport costs; this amounts to in excess of 30,000 tonnes of fodder. While the Scheme itself will end next Friday, 24 May, I have decided, as an exceptional measure, that any definite purchases that have been placed by that date, but which will be delivered during the following week, will be included under the Scheme. Those wishing to avail of this option will have to submit documentary and financial evidence to my Department, by close of business this coming Friday, 24 May, of firm purchases having been made. It is anticipated that the total allocation of €2 million will be fully utilised when the scheme comes to an end.

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