Written Answers Nos. 78-89
78. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 61 of 18 June 2013, if he will outline the lists of three candidates that Ireland has put forward, on each occasion it is asked, for possible selection as a Judge of the European Court of Human Rights; and if he will make a statement on the matter. [31274/13]
Amharc ar fhreagraAs explained in my reply to the Deputy’s PQ No. 61 of 18 June, a judge is elected to serve on the Court in respect of each High Contracting Party (State party) to the ECHR, although judges sit on the Court in their individual capacity. The judges are elected by the Parliamentary Assembly of the Council of Europe (PACE) from a list of three candidates nominated by a state party. In the time available, it is not possible to provide the lists of candidates put forward by Ireland for election to the European Court of Human Rights on each occasion since the Court was established in 1959. However, I set out below the lists of three candidates nominated for election to the Court since it was established on a full-time basis on 1 November 1998, pursuant to Protocol 11 to the European Convention on Human Rights (ECHR). Ireland has submitted lists of candidates in respect of three elections to the full-time Court - in 1997, 2004 and 2007. Details of the lists of candidates put forward are as follows:
1997 (in advance of the setting up of the full time Court)
Mr. John Hedigan S.C. (elected in January 1998)
Mr. Gerard Hogan S.C.
Mr. Denis Vaughan Buckley S.C.
2004 (in advance of the expiry of Judge Hedigan’s first term of office)
Judge John Hedigan (re-elected in April 2004)
Professor Fionnuala Ní Aoláin
Mr. Roger Sweetman S.C.
(on the resignation of Judge Hedigan)
Mr. David Keane B.L.
Ms Ann Power S.C. (elected in January 2008)
Mr. Roger Sweetman S.C.
The ECHR sets out certain criteria required of judges of the European Court of Human Rights, including the requirement to be of high moral character and to possess the qualifications required for appointment to high judicial office or to be jurisconsults of recognised competence. In addition to this, PACE has adopted a number of texts on the standards to be adhered to by states in preparing the list of three candidates. I would refer the Deputy to an information document (reference AS/Jur/Inf (2013)02 10 January 2013) prepared by the Council of Europe Secretariat for the Parliamentary Assembly Committee on Legal Affairs and Human Rights of the PACE on the procedure for electing judges to the European Court of Human Rights which lists the relevant texts and includes information on its own procedures. This document is available on the Council of Europe website at: http://assembly.coe.int/CommitteeDocs/2013/ajinfdoc02_2013.pdf.
In preparing lists of candidates, states are expected, amongst other things: to issue public and open calls for candidatures; to transmit the names of candidates in alphabetical order rather than in order of preference; to ensure that candidates possess an active knowledge of one and a passive knowledge of the other official language of the Council of Europe (French and English); and, as a general rule, to ensure that the list of candidates includes both women and men.
Although it has no formal role under the ECHR, the Committee of Ministers of the Council of Europe has adopted measures seeking to ensure that only high quality candidates are put forward by Governments for election to the Court. In 2010 the Committee set up an Advisory Panel of experts on candidates for election as judges to the Court. The Panel’s role is to advise State parties on whether the candidates that they propose to nominate to PACE for election meet the criteria set out in the ECHR. On 28 March 2012 the Committee of Ministers also adopted Guidelines on the selection of candidates for the post of judge at the European Court of Human Rights, together with an Explanatory Memorandum identifying good practices. The Guidelines support the standards laid down by the PACE and deal with the criteria for the establishment of lists of candidates; the procedure for eliciting candidates; the procedure for drawing up the recommended list of candidates and the finalisation of lists of candidates. These are available on the Council of Europe website at: https://wcd.coe.int/ViewDoc.jsp?id=1919137&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383 and https://wcd.coe.int/ViewDoc.jsp?Ref=CM(2012)40&Language=lanEnglish&Ver=addfinal&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383.
In submitting its list of three candidates, Ireland has ensured that it has complied with the evolving standards set down by the Council of Europe. In 2007, the nominations procedure included a public newspaper advertisement, an advertisement on my Department’s website and a notice informing the judiciary, the legal professions and universities of the vacancy. A review of all applications was conducted by an expert panel created by the Attorney General to assist him in recommending the three most suitable candidates to the Government. The decision on the submission of the three candidates was taken by Government on foot of a Memorandum submitted by my predecessor. PACE has commended the quality of the candidates put forward for election in respect of Ireland by the Government and the Committee of Ministers has cited Ireland in its Memorandum on Good Practices.
79. Deputy Brendan Griffin asked the Tánaiste and Minister for Foreign Affairs and Trade if a decision has been made on an application for an investment visa in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31275/13]
Amharc ar fhreagraVisa and immigration decisions are solely a matter for the authorities of the country to which the application relates and are therefore outside of my remit. The person should contact the relevant Embassy directly to ascertain the current status of his application.
80. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the most recent discussions he has had with the Secretary of State for Northern Ireland and with Members of the Northern Executive in relation to the proposed Bill of Rights for Northern Ireland; and if he will make a statement on the matter. [31291/13]
Amharc ar fhreagraI believe that all parties in this house will share my frustration at the lack of progress on a Bill of Rights. A Bill of Rights for Northern Ireland is a very important outstanding provision of the Good Friday Agreement. I believe that many of the contentious issues around parades, flags and identities have rights at their core and resolution of these issues can only be facilitated through progress on a Bill of Rights. I am in ongoing regular contact with the Secretary of State for Northern Ireland on issues related to implementation of the Agreement and will remain so.
81. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has received any request from Irish embassies seeking permission to employ additional staff during the period from 1 January 2012 to date in 2013; the number of requests that have been approved, pending or refused; and if he will make a statement on the matter. [31303/13]
Amharc ar fhreagraThe Government’s Employment Control Framework has established a staffing ceiling for the Department of Foreign Affairs and Trade of 1,348 posts by end 2015. This figure represents a significant reduction in staff numbers compared with an equivalent figure of 1,572 from March 2009 - a loss of a total of 224 or approximately one in every seven posts since the introduction of the moratorium on recruitment. In common with all others, my Department has already sustained heavy losses under the moratorium. Permanent Departmental staff numbers have fallen by 190, or about 12%, since 2009.
In order to try to ameliorate the impact of the ongoing reductions in staffing, a major re-structuring of the Department’s Headquarters operations was completed earlier last year. Other functions and staff are routinely reorganized or reallocated to maximize continuity of work output and minimize disruption to service delivery to the citizen. This, of course, places additional pressure on individual officers.
The Deputy will appreciate that the Employment Control Framework restrictions apply equally to Irish Missions and it has therefore not been possible during the period in question to accommodate requests for additional permanent posts. In fact, it proved necessary to close three Missions during 2012 and a number of others have been downsized. By way of example, a total of 8 Missions now have only one Diplomatic Officer assigned from Headquarters.
However, in recognition of added responsibilities and tasks arising from Ireland’s Chairmanship of the Organisation for Security and Cooperation in Europe in 2012 and our current Presidency of the European Union, some 38 temporary posts at Missions were sanctioned and filled since 1 January 2012, most notably in the Permanent Representation to the EU in Brussels. In addition, five temporary staff were employed on short contracts to cover short-term vacancies or where replacements for departing permanent staff could not be sanctioned, and 4.5 posts previously filled by staff from Headquarters were filled by local recruitment.
82. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade the outcome of the Foreign Affairs Council meeting that took place in Luxembourg on 24 June 2013; and if he will make a statement on the matter. [31312/13]
Amharc ar fhreagraI attended the most recent meeting of the Foreign Affairs Council in Luxembourg on Monday 24 June. As you will be aware, the Council had a very busy agenda; the final Council Conclusions agreed may be accessed on the official EU website http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/137593.pdf. Before dealing in detail with the outcome of the meeting, I should mention that the Council adopted new Guidelines on Freedom of Religion or Belief, and Guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI). Advances on these important issues are to be welcomed at any time but I am particularly pleased that both sets of Guidelines, which were priority concerns for Ireland, were adopted at the final Council meeting of the Irish Presidency.
The first item on the agenda at Monday’s meeting was the Eastern Partnership. Ministers took stock of preparations for an Eastern Partnership Ministerial meeting scheduled for Brussels in July and for the Eastern Partnership Summit that will take place in Vilnius in November. A progress report was presented on the Deep and Comprehensive Free Trade Area (DCFTA) Agreements with Armenia, Georgia, Moldova and Ukraine was presented. Ministers considered developments in the six Eastern Partnership countries and were broadly supportive of the work being done in preparation for the Summit in November. I expressed the hope that Heads of State and Government would be in a position to take positive decisions at that meeting.
Next, the Council discussed EU Climate Diplomacy and the global cross-cutting challenges which are presented by the impacts of climate change. There was general agreement on the need for Foreign Ministers to consider the strategic and security dimensions of climate change and to avail of opportunities in their contacts with third countries to build support for actions to address these challenges. In my intervention, I recalled the successful conference on climate change, nutrition and hunger which I co-hosted in Dublin in April. I also emphasised the importance of pursuing a holistic approach to the climate change agenda. Preparations for the 2015 UN Conference on Climate Change in Paris are advancing well and the Council expects to return to this issue next year. Comprehensive Conclusions were adopted which are firmly in line with the Conclusions on Post-2015 which were agreed at the Development Foreign Affairs Council in May.
Ministers reviewed recent developments in relation to the Middle East Peace Process, including current efforts by the US to achieve a resumption of direct negotiations. Following this discussion, HR Ashton reaffirmed the EU’s commitment to the two-State solution and full EU support for the US efforts.
Over lunch, which was attended also by the NATO Secretary General, Ministers discussed the current situation on the ground in Afghanistan and the prospects in the region, particularly in the context of forthcoming Presidential elections. They examined political, developmental and security aspects of this issue and Council Conclusions were agreed. The EU is resolutely committed to supporting State-building and long-term development in Afghanistan.
After lunch, discussions moved to the Southern Neighbourhood agenda item. HR Ashton debriefed the Council on her recent visit to several countries in the region. Ministers had an exchange of views on the ongoing crisis in Syria and also had a broad discussion of the effectiveness of the EU’s response to the ‘Arab Spring’ developments. They reiterated the need for a political settlement of the Syrian crisis and discussed how the EU can best maintain pressure on all sides so as to bring about an end to the violence and to secure their engagement in a political process of transition. There was agreement that the Geneva II process is critical. Following the Council meeting, HR Ashton repeated the EU’s firm support for a political solution and noted the EU’s commitment to humanitarian assistance in Syria, where the contribution by the EU and its member States is in excess of €1 billion. Ireland’s total contribution to date stands at €9.8 million.
Finally, Ministers discussed the Western Balkans, in advance of decisions to be taken at this week’s European Council. I intervened to confirm Ireland’s support both for an agreement to open accession talks with Serbia and for an agreement to open negotiations on a Stabilisation and Association Agreement with Kosovo. Substantive discussions on this issue continued at the General Affairs Council on the following day (25 June).
83. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade the outcomes of the General Affairs Council meeting that took place in Luxembourg on 25 June 2013; and if he will make a statement on the matter. [31314/13]
Amharc ar fhreagraOn 25 June 2013, I chaired the final General Affairs Council (GAC) meeting of the Irish Presidency. The main items on the agenda were the enlargement and stabilisation process; a proposal by some Member States for an initiative on democracy, fundamental values and rule of law; preparation of the European Council of 27/28 June 2013; and the Multiannual Financial Framework. Ministers discussed the next steps for Serbia and Kosovo in the enlargement and stabilisation and association process. The GAC recommended that, following completion of national parliamentary procedures and subject to the endorsement of the June European Council, accession negotiations be opened with Serbia. The Council also agreed in principle on draft Council decisions authorising the opening of negotiations for a Stabilisation and Association Agreement with Kosovo. The Council also agreed to open chapter 22 (on regional policy) with Turkey. Ministers held a further discussion on the proposal by the Foreign Ministers of four Member States (Germany, Netherlands, Denmark and Finland) for a new and more effective mechanism to safeguard fundamental values in EU Member States. The GAC will return to this issue after the summer, during the course of the Lithuanian Presidency.
Preparations for the European Council meeting of 27/28 June were also discussed at the GAC. Ministers considered the draft European Council conclusions. President Van Rompuy has stated that he intends to make youth unemployment and financing of the economy the focus of the June European Council. Leaders will also conclude the European Semester 2013 by endorsing country specific recommendations for the forthcoming national budget cycles across the Union; review the Compact for Growth and Jobs, one year on from its adoption; be briefed by President Van Rompuy on the outcome of his consultations on the questions on EMU set by the December 2012 European Council; consider enlargement in light of the debate at the GAC; and note Latvia’s application to adopt the Euro as its currency.
Finally, I briefed the GAC in detail on the state of play in the discussions between the Irish Presidency and representatives of the European Parliament and of the Commission on the EU's Multiannual Financial Framework for 2014-2020.
I expect to provide an overview of the outcome of the June General Affairs Council to the Joint Committee on European Union Affairs in a statement in July.
84. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade the rationale for the appointment of a new Honorary Consul for Kazakhstan in Almaty, in view of the fact that his Department is currently conducting a review of the Honorary Consul Service; and if he will make a statement on the matter. [31329/13]
Amharc ar fhreagraThe decision to appoint an Honorary Consul in Almaty had been made prior to the commencement of the review of the Honorary Consulate network. The appointment, which was approved by the Kazakhstani authorities last month, is expected to raise Ireland’s profile in Kazakhstan and to assist in promoting trade between the countries.
85. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade the current status of the outstanding nominees for the positions of Honorary Consuls in Nairobi, Kenya; Kathmandu, Nepal and Antalya, Turkey; if he will detail if and when the nominations will be accepted; and if he will make a statement on the matter. [31330/13]
Amharc ar fhreagraThe appointments of our nominees for Honorary Consul in Kathmandu and Antalya were both approved recently by the Nepalese and Turkish authorities respectively. The Honorary Consul in Antalya has already commenced providing consular services and will be fully operational very shortly. The Honorary Consul in Kathmandu is also in the process of being established and is expected to be operational by September. My Department is currently awaiting the formal approval of the Kenyan authorities to the appointment of our nominee for Honorary Consul in Nairobi. The outgoing Honorary Consul is continuing in that role pending the completion of the formalities for the appointment of his successor.
86. Deputy Andrew Doyle asked the Tánaiste and Minister for Foreign Affairs and Trade the number of officials that have been seconded from his Department, including Irish Aid, to other Government Departments, EU institutions and bodies, international organisations, NGOs, other nation states and any other body; the level, grade and rank of each official that is on secondment; the name of each body an official is currently with; the length of each secondment, detailing time seconded to date and expected secondment remaining; and if he will make a statement on the matter. [31335/13]
Amharc ar fhreagraThe following table sets out details by grade and institution or body of staff currently on secondment from my Department. The durations of staff secondments to other Government Departments vary as they may be terminated at relatively short notice, or extended, by agreement with the other Department and the staff member concerned. Secondments to international organisations are approved under the terms of Department of Public Expenditure and Reform Circular 33/1991. In such cases, unless waived by that Department in exceptional cases, the maximum durations are 10 years in the case of EU institutions and 5 years in all other cases.
|
Grade |
Number of officers |
Organisation |
|
Counsellor |
2 |
Department of the Taoiseach |
|
First Secretary |
5 |
Department of the Taoiseach |
|
Third Secretary |
4 |
Department of the Taoiseach |
|
Counsellor |
1 |
Department of Finance |
|
Third Secretary |
1 |
Department of Finance |
|
Third Secretary |
1 |
Houses of the Oireachtas |
|
Clerical Officer |
1 |
Áras an Uachtaráin |
|
Principal Officer |
1 |
European External Action Service |
|
Development Specialist |
1 |
European External Action Service |
|
First Secretary |
2 |
European External Action Service |
|
Third Secretary |
2 |
European External Action Service |
|
Accountant |
1 |
European External Action Service |
|
First Secretary |
1 |
European Parliament |
|
Clerical Officer |
1 |
European Parliament |
|
First Secretary |
1 |
European Commission |
|
Legal Adviser |
1 |
United Nations Legal Service |
|
Counsellor |
1 |
United Nations Legal Service |
|
Development Specialist |
1 |
UN World Food Programme |
|
Third Secretary |
1 |
UN Office for Project Services |
|
First Secretary |
1 |
Maritime Affairs Attaché post in the Permanent Representation to the EU in Brussels; co-funded by several other Government Departments |
|
Senior Development Specialist |
1 |
Organisation for Economic Cooperation and Development (OECD) |
|
First Secretary |
1 |
International Atomic Agency |
|
Clerical Officer |
1 |
World Bank |
|
Clerical Officer |
1 |
Sportslink |
87. Deputy Robert Dowds asked the Minister for Finance in view of the decision of the British Government not to impose VAT on debt management or insolvency services, in line with EU law on VAT, if VAT will be charged on the services of personal insolvency practitioners here; if so, the rate at which such VAT will be charged; if VAT will be charged on persons who, while not being official personal insolvency practitioners, are providing a debt management service; and if he will make a statement on the matter. [31294/13]
Amharc ar fhreagraI have been advised by the Revenue Commissioners that the fees charged by insolvency practitioners, including Personal Insolvency Practitioners (PIPs) are liable to VAT at the standard rate, currently 23%. A PIP will be involved in Debt Settlement Arrangements and Personal Insolvency Arrangements as provided for in the Personal Insolvency Act 2012. It has to be said that a PIP is acting in a capacity not entirely unlike insolvency practitioners, such as, liquidators, receivers or examiners, whose services are also subject to VAT at the standard rate. Having regard to the activities carried out by a PIP, Revenue has formed the opinion that the service provided by a PIP is not one that qualifies for exemption in accordance with the VAT Directive, Irish VAT Law, and relevant decisions of the European Court of Justice. It should be noted that exemptions for VAT are to be construed strictly and the activities of PIP practitioners do not fall within the exempted activities outlined under paragraph 6 of Schedule 1 of the Value-Added Tax Consolidation Act 2010.
I understand that the position in the UK is that most insolvency services, such as those of liquidators and receivers, are liable to VAT. However, a VAT exemption is applied to individual voluntary arrangements, company voluntary arrangements, partnership voluntary arrangements and protected trust deeds (applicable only in Scotland). The exemption arises from a decision of a UK First Tier VAT Tribunal based on the facts presented before it rather than a Government decision. I am advised by Revenue that there are distinct differences between the activities undertaken by UK practitioners and Irish PIPs and between UK and Irish VAT legislation. Where a person who is not an official PIP provides services similar to a PIP, such services are also liable to VAT at the standard rate.
88. Deputy Charlie McConalogue asked the Minister for Finance the number of test centres in County Donegal that cater for VRT for the changeover and registration for vehicles that are purchased in Northern Ireland; and if he will make a statement on the matter. [31309/13]
Amharc ar fhreagra89. Deputy Charlie McConalogue asked the Minister for Finance the number of vehicles over the past number of years that have been changed over and paid VRT at the test centre in Letterkenny that are subsequently registered in Inishowen; the revenue this has created; and if he will make a statement on the matter. [31311/13]
Amharc ar fhreagraI propose to take Questions Nos. 88 and 89 together.
I am advised by the Revenue Commissioners that they have appointed the National Car Testing Service (NCTS) to carry out a range of vehicle registration functions in relation to used vehicles. There are two NCTS centres in County Donegal, one in Letterkenny and the other in Donegal Town.
The register of vehicles is available for each county only. The register does not facilitate the extraction of reliable information relating to vehicles registered to addresses within a geographical area of any county, such as Inishowen in County Donegal. The numbers of used vehicles registered with a "DL" index mark by the NCTS Centre in Letterkenny are set out as follows.
Because these vehicles were registered via the NCTS, it can be inferred that they were originally purchased outside the State, but data are not maintained on the original country of purchase. While the number of vehicles imported from Northern Ireland cannot be ascertained with any accuracy, I am advised by the Revenue Commissioners that it is likely that the vast majority were imported from the United Kingdom.
|
Year |
Number registered at NCTS Letterkenny |
VRT involved |
|
2010 * |
1,161 |
€1,256,663 |
|
2011 |
3,801 |
€4,761,077 |
|
2012 |
3,224 |
€4,163,487 |
|
2013 (to date) |
1,471 |
€1,915,650 |
* The NCTS commenced VRT service from 1 Sept 2010.
