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Tuesday, 18 Jun 2013

Written Answers Nos. 398-417

Naturalisation Applications

Ceisteanna (398)

Bernard Durkan

Ceist:

398. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency/eligibility for naturalisation in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [29296/13]

Amharc ar fhreagra

Freagraí scríofa

There is currently no application pending in my Department for residency or naturalisation in respect of the person whose details was supplied. If an application for asylum has been made by the person concerned, the Deputy will be aware that it is not the practice to comment on applications which have not fully completed this process.

Question No. 399 answered with Question No. 359.

Magdalen Laundries Report

Ceisteanna (400)

John Browne

Ceist:

400. Deputy John Browne asked the Minister for Justice and Equality when the report by Mr. Justice Quirke into the Magdelen Laundry will be completed; and if it will be made available to the women involved before it goes public. [29398/13]

Amharc ar fhreagra

Freagraí scríofa

Mr Justice Quirke forwarded his report to me on 30 May, 2013. I expect it will be considered by Government within the next two weeks and that the report itself and the Government's response to his recommendations can then be published.

I do not believe that it would be helpful to pre-empt the publication of the report or the consideration of the matter by the Government by going into any detail at this stage. However, I can assure the Deputy that arrangements are being put in place in my Department for the distribution of the report to each individual woman involved.

Garda Operations

Ceisteanna (401)

Catherine Murphy

Ceist:

401. Deputy Catherine Murphy asked the Minister for Justice and Equality if the Garda National Surveillance Unit engages in the interception of live electronic communications and stored electronic communication records here or elsewhere; if so, if he will list the number of times in each of the past five years that such interceptions have been carried out; if he will indicate the relevant statutory basis for this activity; and if he will make a statement on the matter. [29405/13]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that it is not the practice and would be contrary to public interest to disclose details of requests or authorisations to intercept including their number.

However, I can assure the Deputy that there is a comprehensive legislative regime in place to deal with such matters in this jurisdiction.

With regard to interceptions, the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 provides for the interception of postal and telecommunications messages. Under Section 2 of the Act, Ministerial authorisation may be given for interceptions solely in the interests of the security of the State or for the purpose of criminal investigation.

The 2011 Communications (Retention of Data) Act provides for access to traffic data, location data and subscriber data. An application for such data may be made by a member of An Garda Síochána not below the rank of Chief Superintendent to a service provider where the data concerned is required in the context of the prevention, investigation, detection or prosecution of a serious offence, the security of the State or the saving of human life. The content of calls, texts etc are not disclosed under this Act.

Both statutory schemes are subject to judicial oversight. Both the 1993 and 2011 Acts provide for the appointment of a High Court Judge to carry out reviews of their operation and the relevant reports to An Taoiseach are laid before the Houses of the Oireachtas. In addition, the Acts provide for a procedure whereby a member of the public who believes their communications have been intercepted or that their personal data has been accessed (whichever the case may be) may make a complaint to a "Complaints Referee". The current Complaints Referee is a judge of the Circuit Court.

Departmental Agencies Issues

Ceisteanna (402)

Denis Naughten

Ceist:

402. Deputy Denis Naughten asked the Minister for Justice and Equality if he will list the regulators which are accountable to his Department; the administrative cost of operating each regulator in 2012; the accommodation costs and the number of staff employed; the total income and expenditure in 2012 for each regulator; his plans to amalgamate some regulatory offices and to amalgamate some regulatory processes; and if he will make a statement on the matter. [29426/13]

Amharc ar fhreagra

Freagraí scríofa

I understand the Deputy to be referring to those independent State Agencies under the aegis of my Department which have responsibility for licensing and regulating specific economic sectors or areas of activity. In this regard, I would note that in 2012, the relevant Agencies which came under the aegis of my Department were the Private Security Authority and the Property Services Regulatory Authority, which have responsibility for regulating the private security industry and the property services industry, respectively. The information requested in respect of 2012 in relation to those Agencies is set out in the Table below. Accommodation in respect of both Agencies is provided by the Office of Public Works so there are no accommodation costs charged to the Agencies.

I should also note that the Insolvency Service of Ireland will shortly have responsibility for authorising and regulating Authorised Intermediaries and Personal Insolvency Practitioners in accordance with the provisions of the Personal Insolvency Act 2012. Since the Deputy's Question seeks data in relation to 2012, this would not be applicable to the Insolvency Service of Ireland, which was established on a statutory basis on 1 March 2013. The financial information set out in the Table in respect of both Agencies will be subject to audit by the Comptroller and Auditor General and therefore may be subject to revision.

I have no plans at this time to amalgamate the Agencies referred to above which are responsible for the regulation of discrete economic sectors. It might be noted that a proposal to merge the Property Services Regulatory Authority with the Private Residential Tenancies Board was subject to critical review in 2012. In line with the recommendations of the Critical Review Report, the Government decided not to proceed with this proposed merger.

Name of Agency

Administrative Cost (2012)

No. of Staff (2012)

Total Income (2012)

Total Expenditure (2012)

Private Security Authority

€512,314

36

€2,969,517

€2,148,298 (comprises staff and administration costs)

Property Services Regulatory Authority

€131,000

9

€2,349,000

€710,000 (comprises staff and administration costs)

Departmental Agencies Issues

Ceisteanna (403, 404)

Dara Calleary

Ceist:

403. Deputy Dara Calleary asked the Minister for Justice and Equality if he will outline in tabular form the number of semi-State organisations currently in operation under the aegis of his Department; and if he will make a statement on the matter. [29817/13]

Amharc ar fhreagra

Dara Calleary

Ceist:

404. Deputy Dara Calleary asked the Minister for Justice and Equality if he will outline the number of new semi-State organisations under his aegis which have been established since March 2011; and if he will make a statement on the matter. [29830/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 403 and 404 together.

I am assuming that the Deputy is referring to semi-State bodies who have a significant element of commercial or trade activities within their remit. The bodies and agencies attached to my Department provide public services in the broad Justice area, and, as such, do not engage in any significant commercial activity.

Defence Forces Recruitment

Ceisteanna (405, 406)

Seán Fleming

Ceist:

405. Deputy Sean Fleming asked the Minister for Defence the number of persons who have been recruited into the Army as a result of the most recent recruitment process; the date on which applications closed for same; if persons who have been given their number on the list and gone through the full process will be called in numerical order; the expected numbers that will be recruited into the Army for the remainder of 2013 and for 2014; and if he will make a statement on the matter. [28626/13]

Amharc ar fhreagra

Seán Fleming

Ceist:

406. Deputy Sean Fleming asked the Minister for Defence the number of persons who have been recruited into the Naval Service as a result of the most recent recruitment process; the date on which applications closed for same; if persons who have been given their number on the list and gone through the full process will be called in numerical order; the expected numbers that will be recruited into the Naval Service for the remainder of 2013 and for 2014; and if he will make a statement on the matter. [28628/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 405 and 406 together.

Following on from the last General Service Recruitment campaign in 2012 a total of 539 General Service Recruits were enlisted in the Permanent Defence Force, of which 418 were enlisted in the Army, and 121 in the Naval Service. The application phase of these competitions closed on 22 April 2012.

I am advised by the Military Authorities that the strength of the Permanent Defence Force, at 30 April 2013, the latest date for which details are available, was 9,163 comprising 7,355 Army, 780 Air Corps and 1,028 Naval Service personnel. This is against the stabilised strength for the Permanent Defence Force of 9,500. In the context of the current strength being below the agreed stabilised strength, it is my intention that targeted recruitment will take place, within the resource envelope allocated to Defence, from the existing 2012 General Service Recruitment panels in the Autumn.

The intention is to call persons as per their numerical order on current panels. However, due to the passage of time since the last intake of recruits some stages in the recruitment process such as medical examination, physical fitness testing and Garda Síochána Security Clearance which are time dependent will have to be completed again.

No decisions have yet been made with regard to recruitment in 2014.

Public Relations Contracts Expenditure

Ceisteanna (407)

Billy Kelleher

Ceist:

407. Deputy Billy Kelleher asked the Minister for Defence if he will detail in tabular form, the names of all external public relations, communications consultants and organisations used by his Department since 9 March 2011; the details of the services supplied by each; the expenditure on each; and if he will make a statement on the matter. [28808/13]

Amharc ar fhreagra

Freagraí scríofa

My Department has not incurred any expenditure on external public relations or communications consultants since I took office in March 2011.

Appointments to State Boards

Ceisteanna (408)

Niall Collins

Ceist:

408. Deputy Niall Collins asked the Minister for Defence the number of appointments made to State boards under his Department's remit since March 2011; the number of positions that have been advertised; the number of applications to the boards; the number of appointments to the boards that were drawn from the applications; the current number of vacancies on each board; and if he will make a statement on the matter. [28973/13]

Amharc ar fhreagra

Freagraí scríofa

The State Boards under the aegis of the Department of Defence when the Government took office were the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The Civil Defence Board was established in 2003. I appointed an interim Board as a temporary measure from 2011 and in this context none of the positions were advertised. The Civil Defence Board was identified in the Public Service Reform Plan as a body to be abolished and legislation was passed by the Oireachtas in December 2012 for the dissolution of the Board. Its functions have now transferred back to the Department of Defence.

Membership of the interim Board appointed in 2011 is set out in the following table:

Name

Nominating Bodies

Civil Defence Board Chairperson

-

Mr. Brian Spain

Director, Department of Defence

Nominated by Minister for Defence

Civil Defence Board Members

-

Mr. Cathal Duffy

Principal Officer, Department of Defence

Nominated by the Minister for Defence

Ms. Clare Tiernan

Principal Officer, Department of Defence

Nominated by the Minister for Defence

Mr. Robert Mooney

Principal Officer, Department of Defence

Nominated by the Minister for Defence

Mr. Bill Smith

Director General, Civil Defence Board

Appointed as Director General, Civil Defence Board

Mr. Ned Gleeson

County Manager, Limerick City Council

Nominated by City & County Managers Association

Mr. Keith Leonard

Assistant Fire Advisor

Nominated by the Minister for Environment, Community and Local Government

Dr. Barbara Rafferty

Nominated by Radiological Protection Institute of Ireland

Ms. Becci Cantrell

Nominated by the Environmental Protection Agency

Ms. Veronica Forde

Assistant Civil Defence Officer

Nominated by the Civil Defence Officers Association

Lt. Col. Tony Kelly

SSO, Defence Forces

Nominated by the Chief of Staff of the Defence Forces

Chief Superintendent Orla Mc Partlin

An Garda Síochána

Nominated by the Commissioner of An Garda Síochána

Mr. Fergal Conroy

Elected volunteer member of Civil Defence

Ms. Eileen Joyce

Elected staff member of the Civil Defence Board

The Army Pensions Board is an independent statutory body established under the Army Pensions Act, 1927. The Act specifies that the Board shall consist of a chairman and two ordinary members. The two ordinary members must be qualified medical practitioners of whom one must be an officer of the Army Medical Corps. The chairman and the non military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Public Expenditure and Reform. The Army Medical Corps ordinary member is appointed by the Minister for Defence on the recommendation of the Chief of Staff of the Defence Forces.

The position of Army Medical Corps ordinary member became vacant due to retirement in 2011, and I have since appointed Commandant Adam Lagun to the Board on the recommendation of the Chief of Staff. As the Army Pensions Act 1927 specifies that one of the ordinary members must be an officer of the Army Medical Corps, this position was not publicly advertised. Details of Commandant Lagun’s appointment to the Army Pensions Board were published in the Iris Oifigiúl on 13 January 2012.

The current non military ordinary member of the Army Pensions Board, a civilian doctor, will retire at the end of June 2013. Expressions of interest in the position of civilian doctor to the Army Pensions Board have been invited by way of advertisement on the Department’s website and the Public Appointments Service website. Closing date for receipt of applications was 10 June 2013.

In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. No appointments have been made to the Board of Coiste an Asgard since that decision was taken.

Air Ambulance Service Provision

Ceisteanna (409, 410)

Denis Naughten

Ceist:

409. Deputy Denis Naughten asked the Minister for Defence when the review of the operation of the aeromedical service will be completed; and if he will make a statement on the matter. [29069/13]

Amharc ar fhreagra

Denis Naughten

Ceist:

410. Deputy Denis Naughten asked the Minister for Defence his plans to expand the role of the Air Corps aeromedical service; and if he will make a statement on the matter. [29070/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 409 and 410 together.

A twelve month pilot Emergency Aeromedical Support (EAS) service established in order to assess the level and type, if any, of dedicated aeronautical support needed to assist the National Ambulance Service, primarily in the West of Ireland, commenced operations on the 4th of June 2012. The review of the pilot is currently being finalised by an inter – service Audit and Evaluation Group and a Report will be presented to my colleague the Minister for Health shortly. Following a request from the Minister for Health, I have agreed to extend the Air Corps’ participation in the pilot for a period of up to three months in order to allow him an opportunity to give consideration to the Report.

The Air Corps will maintain its current role during the period of the extension.

Departmental Staff Sick Leave

Ceisteanna (411)

Barry Cowen

Ceist:

411. Deputy Barry Cowen asked the Minister for Defence if he will provide in tabular form the total number of uncertified sick days taken by employees in his Department; the average uncertified sick days per employee taken; the total certified sick days taken by employees; the average certified sick days per employee; the total sick days taken by employees; the average total sick days and median overall sick days per employee in 2009, 2010, 2011 and 2012. [29269/13]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is set out in the following table.

2009

2010

2011

2012

Total number of uncertified sick days

455

378

270

246

Average number of uncertified sick days per employee

1.14

1.00

0.72

0.66

Total number of certified sick days

4190

4043

3079

2275

Average number of certified sick days per employee

10.50

10.70

8.25

6.10

Total number of sick days taken

4645

4421

3349

2521

Average number of sick days taken per employee

11.64

11.70

8.98

6.76

Median number of sick days per employee

2

2

2

2

My Department adopts a policy of proactive management of sick leave through a range of strategies designed to reduce absence from work. Sick leave rates are closely monitored and analysed, and in recent years the number of days lost to sick leave has been reducing. Sick leave rates for the Department have fallen to a rate of 3.15% for 2012.

Defence Forces Strength

Ceisteanna (412)

Bernard Durkan

Ceist:

412. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the strength of the Army, Naval Service and Air Corps has varied in each of the past three years to date; the extent to which he expects to be in a position to retain the forces at their current strength for the future; and if he will make a statement on the matter. [29309/13]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Military Authorities that the strength of the Permanent Defence Force at 31 December in each of the years 2010 -2012 is set out in the table.

2012

2011

2010

Army

7510

7650

7752

Air Corps

791

791

766

Naval Service

1058

997

1032

Total Strength

9359

9438

9550

I am advised by the Military Authorities that the strength of the Permanent Defence Force, at 30 April 2013, the latest date for which details are available, was 9,163, comprising 7,355 Army, 780 Air Corps, 1028 Naval Service personnel. This is against the agreed stabilised strength for the Permanent Defence Force of 9,500. It is my intention that targeted recruitment will continue within the resource envelope allocated to Defence to achieve and maintain the agreed stabilised strength.

In relation to the figures provided above I would like to point out to the Deputy that the military authorities have implemented a revised policy of reporting strength figures from 1st January 2013. With effect from this date the strength figures for the Permanent Defence Force are being calculated on the basis of actual numbers serving on the date i.e. excluding those on career breaks or leave of absence for periods exceeding eight weeks. This change in how strengths are calculated brings the strength returns for the Permanent Defence Force in line with the remainder of the public service.

Defence Forces Equipment

Ceisteanna (413, 416, 417)

Bernard Durkan

Ceist:

413. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which military hardware is reviewed, examined and as necessary upgraded on an annual basis; the extent to which any requirements arising are being met annually throughout each branch of the Defence Forces; and if he will make a statement on the matter. [29310/13]

Amharc ar fhreagra

Bernard Durkan

Ceist:

416. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which requirements in terms of electronic equipment remains available throughout the Army, Naval Service and Air Corps, with particular reference to the need to ensure the availability of the most up to date technology is in line with the requirement of such forces; and if he will make a statement on the matter. [29313/13]

Amharc ar fhreagra

Bernard Durkan

Ceist:

417. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the most modern equipment continues to be available to all branches of the Defence Forces serving on missions overseas; and if he will make a statement on the matter. [29314/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 413, 416 and 417 together.

I am satisfied that the level of resources available to the Defence Forces, including equipment and up to date technology, enables the Defence Forces to carry out their roles both at home and overseas.

The acquisition of new equipment for the Defence Forces remains a focus for me as Minister for Defence and is a matter that is kept under constant review. However, it is imperative that the Department and the Defence Forces, similar to all other Government Departments, must take into account the current difficult economic environment we are now operating in. The budgetary situation will continue to dictate the level of funding available for new equipment and upgrades. Decisions will be made accordingly on a strictly prioritised basis with a view to maintaining the capability of all roles assigned by Government to the Defence Forces.

A particular focus is maintained in ensuring that modern and effective equipment is available for overseas peace support operations. In this regard, the personal equipment, which the individual soldier has at his/her disposal in Lebanon and on other overseas missions is second to none and compares very favourably with the equipment in use by other countries.

Naval Service Strength

Ceisteanna (414)

Bernard Durkan

Ceist:

414. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he and his Department continues to monitor the extent to which the strength and capability of the Naval Service remains intact, notwithstanding the economic exigencies within which he is forced to operate arising from commitments previously entered into with the troika; and if he will make a statement on the matter. [29311/13]

Amharc ar fhreagra

Freagraí scríofa

A strategy for the replacement of Naval Service Offshore Patrol Vessels is currently in train. A contract was signed in October 2010, with Babcock Marine in the United Kingdom for the provision of two new offshore Patrol Vessels (OPVs). The first ship is scheduled for delivery early in 2014. The second ship will follow one 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, including modern technology and IT equipment, is available to Naval Service personnel.

I am satisfied that the equipment issued to the Naval Service is in keeping with the most modern requirements and the highest international standards. The ongoing investment in the Naval Service will ensure that this remains the case. I am satisfied that the Naval Service is up to date in all aspects.

Air Corps Strength

Ceisteanna (415)

Bernard Durkan

Ceist:

415. Deputy Bernard J. Durkan asked the Minister for Defence the extent to which on-going review takes place into the capacity and capabilities of the Air Corps, with particular reference to air sea rescue, coastal surveillance and or air ambulance services; if any particular issues have been identified which require specific attention; and if he will make a statement on the matter. [29312/13]

Amharc ar fhreagra

Freagraí scríofa

The Irish Coast Guard has overall responsibility for the provision of search and rescue services within the Irish search and rescue region and the responsibility for the prevention of drug-trafficking and people trafficking rests primarily with the Revenue Commissioners and An Garda Síochána respectively. However, the Air Corps has a role in assisting and supporting the civil authorities and, in this regard, both they and the Naval Service provide support to these agencies as the need arises and within their available capabilities. A Service Level Agreement is in place with the Irish Coast Guard which sets out the search and rescue assistance that the Air Corps and Naval Service can provide to the Coast Guard and this Agreement is currently being renewed. The provision of onshore assistance by Air Corps helicopters for mountain rescue operations is covered in the Agreement, as is the fixed wing top cover provided by the Air Corps Casa aircraft to Coast Guard helicopters offshore.

The Air Corps Maritime Patrol Squadron carries out aerial surveillance of territorial waters using the two CASA maritime patrol aircraft. These aircraft are equipped with state-of-the-art surveillance and communication equipment which offers aerial assistance to the Naval Service in patrolling the Irish Exclusive Economic Zone.

A Service Level Agreement between my Department and the Department of Health is in place which formalises the arrangements for the support provided by the Air Corps, for emergency inter-hospital transfers for spinal and serious injuries and illnesses, air transport of neonates requiring immediate medical intervention within Ireland, air transport of patients requiring organ transplants in the UK, air transport of Organ Retrieval Teams within Ireland and air transport of patients from offshore islands to mainland hospitals where the Irish Coast Guard service is not available.

In addition, a Memorandum of Understanding has been agreed between my Department and the Department of Health which underpins the Air Corps’ support to the National Ambulance Service for a pilot Emergency Aeromedical Support service, operating primarily in the west of Ireland and from Custume Barracks Athlone. This pilot service was for a twelve month period from 4 June 2012. It has now been extended for a period of up to three months from 4 June 2013 pending consideration by my colleague, the Minister for Health, of a Report on a review of the pilot service which is currently being finalised.

I am satisfied that the Air Corps has the necessary resources to meet their operational requirements in these important areas.

Questions Nos. 416 and 417 answered with Question No. 413.
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