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Thursday, 6 Mar 2014

Written Answers Nos. 172-184

Wind Energy Guidelines

Ceisteanna (172)

Robert Troy

Ceist:

172. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government in relation to the first consultation on the wind energy development guidelines (details supplied), the precise number of submissions received; the number of individual names associated with the submissions; if he will provide a breakdown of the numbers involved at a county level; and if he will summarise the key points and recommendations made through the submissions. [11490/14]

Amharc ar fhreagra

Freagraí scríofa

At the end of January 2013, I announced that my Department was initiating an update of the Wind Energy Development Guidelines 2006, specifically the guidance therein on noise (including separation distance) and shadow flicker. As the starting point in this process, submissions were invited as part of a preliminary public consultation process.

540 submissions were subsequently received from private individuals, the wind industry, professional institutes and local authorities. The submissions received were recorded by recipient only as not all submissions were county specific so it is not possible to provide a breakdown of the numbers involved at county level.

Generally, the industry submissions indicated relatively satisfaction with the 2006 Guidelines. However, the submissions from private individuals sought more specific and stringent revisions of the 2006 Guidelines in relation to noise control measures and the prevention of shadow flicker.

Three noise related topics were identified as discussion points in the submissions:

- Setbacks;

- A-weighted noise levels;

- Special audible characteristics.

Setbacks

A significant number of submissions supported the insertion of a mandatory setback distance and where distances were mentioned, they were generally significantly higher than the 500 metres separation distance referenced in the 2006 Guidelines. Some submissions also suggested that the setback distance should be proportional to turbine size - for example, a separation distance equating to a certain number of rotor blade diameters or multiples of the turbine blade tip height.

Industry submissions were commonly opposed to setting mandatory setbacks, suggesting that they did not provide a means of control which was directly linked to actual noise levels. These submissions also expressed concern that mandatory setbacks at relatively high levels would prohibit the location of wind farms which were otherwise acceptable from the perspective of noise generated at dwellings or other noise sensitive locations. Some industry submissions also stated that setting a fixed mandatory distance would not account for changes in the size or sound generation levels of turbines.

A-weighted noise levels

The suitability of A-weighted noise limits such as the nominal 43 dB(A) night-time noise limit applied under the UK wind farm noise standards ETSU-R-97 was mentioned in some submissions. In some cases, it was suggested that the A-weighted noise limits did not provide sufficient emphasis on low frequency noise. In other cases, it was suggested that the existing 43 dB(A) limit was inconsistent with recent changes in World Health Organisation Europe’s recommended indoor noise levels.

Special audible characteristics

Infrasound and low frequency noise were mentioned in some submissions where the emphasis was on amenity and the possible health impacts which could arise from these types of sound. The general point was that the 2006 Guidelines did not take these types of sound into account.

Other Issues

The possibility of negative health impacts from wind farms, relating mainly to noise but also the effects of shadow flicker, was a further issue of concern raised in a number of the submissions. Other issues raised included the perceived deficiencies in the process of assessment of planning applications for wind farms by planning authorities, noise measurement, the lack of information available to the public about proposed wind energy developments, and the lack of adequate public consultation by wind farm developers.

Question No. 173 withdrawn.

Priory Hall Development

Ceisteanna (174)

Terence Flanagan

Ceist:

174. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the cost to the State to date of resolving issues at Priory Hall; if he will provide an update on the resolution process; and if he will make a statement on the matter. [11434/14]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No 266 of 3 December 2013 which sets out in broad terms the key features of the Priory Hall Resolution Framework, as available in the Oireachtas Library, and the implementation group, chaired by Dr Martin McAleese, which has been established by the Government to oversee the effective implementation of the framework. In line with the terms of the framework agreement, owner occupiers of Priory Hall apartments have a twelve month period in which to complete purchase of a replacement home. The actual refurbishment of the complex is likely to be a two year project. Thus, while the implementation group is currently actively progressing all aspects of the framework and while I understand that good early progress is being made, the overall resolution framework remains at a relatively early stage of delivery. The framework itself provides for a formal review of progress after a twelve month period of implementation.

In relation to the resolution of the housing needs of residents, any arrangements that may be agreed between an individual homeowner and their mortgage provider is a matter between those parties.

In relation to the necessary refurbishment of the Priory Hall complex I understand that good progress has been made by Dublin City Council in surveying the individual apartment units at Priory in advance of remediation works . I expect that the competitive tender process for procuring remediation solutions will be publicly advertised very shortly.

The cost of acquiring certain units and refurbishing the entire complex of 187 apartment units at Priory Hall is estimated to involve a projected net capital outlay of the order of €10 million and appropriate provision has been made in my Department’s estimates. In this context it is important to note that t he resale of refurbished units or their reuse for social housing purposes will, in time, afford Dublin City Council the opportunity to recover a significant proportion of the capital outlay.

Apart from the above capital outlay, some €1.1 million has been contributed to date towards emergency accommodation costs and the costs necessarily incurred by Dublin City Council, in the context of a judgment of the High Court, in providing temporary accommodation for households evacuated from Priory Hall.

Local Authority Funding

Ceisteanna (175)

Brendan Smith

Ceist:

175. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if funding will be provided to Cavan County Council in 2014 in respect of a project (details supplied); and if he will make a statement on the matter. [11445/14]

Amharc ar fhreagra

Freagraí scríofa

From 1 January 2014 Irish Water is responsible for the delivery of both large and small scale water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014 – 2016 that will provide for the transition of projects included in the 2010 – 2013 Water Services Investment Programme. The further progression of all water services capital projects, including confirmation that funding will be available to progress those projects, is a matter for Irish Water.

Research Students

Ceisteanna (176)

Jonathan O'Brien

Ceist:

176. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the way he defines high-value research students. [11343/14]

Amharc ar fhreagra

Freagraí scríofa

There is no precise definition of high-value research students but broadly my Department would consider high-value research students to be PhD or post Doctoral level (National Framework of Qualifications 10) students and students studying advanced degrees in the STEM (Science, Technology, Engineering and Mathematics) areas.

With this is mind, and taking into account the potential future benefits, PhD students are permitted to be accompanied to the State by their immediate family i.e. spouse/civil partner and children. In these cases the student will be required to progress academically (verified by letter from academic supervisor) and to complete their doctorate within 4 years.

The Deputy may also wish to note that through the operation of the EU Researchers Directive we admit many post-doctoral researchers into the State every year.

Immigration Status

Ceisteanna (177)

Bernard Durkan

Ceist:

177. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of representations under section 3 of the Immigration Act 1999 in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [11209/14]

Amharc ar fhreagra

Freagraí scríofa

The persons concerned are a husband and wife who entered the State on separate dates in 2007 and 2008, as students, and were granted permission to remain until 7th February, 2012 and 2nd October, 2012 respectively. The first named person concerned was granted further permission to remain, again on student conditions, for a period of six weeks, ending 9th September, 2013, in order to finalise his affairs in the State and to leave the State by that latter date. He has clearly failed to do so. Neither of the persons concerned have current permission to remain in the State.

In accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 9th October, 2013, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making written representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. Written representations have been submitted on behalf of the first named person concerned.

The position in the State of the first named person concerned will now be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a final decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

The Deputy might wish to note that a representative of my Department wrote to the first named person concerned on 13th February, 2014 requesting clarification on certain matters referred to in his written representations. To date no response has been received to that communication.

The second named person concerned currently has an application pending for an extension of student conditions. Once a decision has been made on that application, this decision, and the consequences of the decision, will be conveyed in writing to the second named person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Immigration Status

Ceisteanna (178)

Bernard Durkan

Ceist:

178. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in order to update their status in the case of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [11215/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by officials in the Irish Naturalisation and Immigration Service (INIS) that the persons referred to by the Deputy have both been granted Long Term Residency. Both persons, who are currently in permission, are advised to attend the Garda National Immigration Bureau two weeks in advance of the expiry of their current permission to have it updated. There is no requirement to submit a new Long Term residency application to INIS.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Ministerial Responsibilities

Ceisteanna (179)

Seán Ó Fearghaíl

Ceist:

179. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality with regard to the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the roles assigned to the Minister for Justice and Equality and the Minister for Defence in that legislation, the date the order was made to assign to the Minister for Communications, Energy and Natural Resources the responsibilities of the Minister for Justice and Equality in relation to considering requests from the Chief of Staff of the Defence Forces supported by the Minister for Defence under section 6 of the legislation; the reason it was considered appropriate to substitute the role of the Minister for Justice and Equality for that of the Minister for Defence; if he has relinquished or arranged to be transferred any other powers or responsibilities to Cabinet Ministers under any other legislation; if so, the details of same; the Minister to whom the powers were transferred; and if he will make a statement on the matter. [11216/14]

Amharc ar fhreagra

Freagraí scríofa

The lawful interception of telecommunications and postal packets is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.

As the Deputy is aware, only the Garda Commissioner and the Chief of Staff of the Defence Forces may make applications for authorisations under the Act. An application from the Chief of Staff of the Defence Forces may be made only where the application is in the interests of the security of the State. Such an application must be accompanied by a recommendation, in writing, of the Minister for Defence supporting the application.

A consequence of my appointment as both Minister for Justice and Equality and Minister for Defence was that the functions of making a recommendation supporting the Chief of Staff’s application and that of deciding whether or not to issue the authorisation would be exercised by the same person albeit in different capacities. My Department sought the advice of the Attorney General on the matter. Their advice indicated that there was no legal impediment to relying on authorisations issued by me as Minister for Justice and Equality. In his Report for the year 2011 the ‘Designated Judge’, Mr. Justice Iarfhlaith O’Neill of the High Court, whose function it is to keep the Act under review, commented on this dual role. He noted that while there was technical compliance with the Act, the situation appeared anomalous.

In light of his report and following further legal advice on the matter by the Attorney General, which agreed with the earlier advices, it was considered desirable to remove any perception of an anomaly to transfer the functions under the 1993 Act relating to authorisation of requests for Interception from the Chief of Staff of the Defence Forces to the Minister for Communications Energy and Natural Resources under the Authorisation of Certain Interceptions (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (No.76 of 2012) with effect from 13 March 2012.

The reason why it was considered more appropriate to transfer my powers as Minister for Justice and Equality in this instance was due to the wider relationship which the Chief of Staff of the Defence Forces has viz-a-viz the Minister for Defence.

Other powers of the Minister for Justice and Equality which have been the subject of transfer orders are as follows:

Responsibility for the Equality Tribunal was transferred to the Minister for Jobs, Enterprise and Innovation under the Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (No. 531 of 2011) with effect from 1 January 2013.

With effect from 19 June 2013, the functions under Sections 2 and 3 of the Censorship of Publications Act, 1946 (which relate to the Censorship of Publications Board and the Censorship of Publications Appeal Board) were transferred by the Government to the Minister for Arts, Heritage and the Gaeltacht. This transfer was effected by the Censorship of Publications Board and Censorship of Publications Appeal Board (Transfer of Ministerial Functions) Order 2013 (S.I. No. 255 of 2013).

The functions under Section 7 of the Defence (Amendment) Act 2011 were transferred to the Minister for Communications, Energy and Natural Resources with effect from 13 March 2012. This transfer was effected by The Military Judge (Temporary Designation) (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. 82 of 2012).

The Remand Centres and Children Detention Schools (Transfer of Departmental Administration and Ministerial Functions) Order 2011, (S.I. No. 668 of 2011) transferred the administration and business linked to Section 98 (other than 98(12) and 98(13)) and Part 10 of the Children Act 2001 to the Minister for Children and Youth Affairs with effect from 1 January 2012.

Garda Policing Plans

Ceisteanna (180)

Terence Flanagan

Ceist:

180. Deputy Terence Flanagan asked the Minister for Justice and Equality further to Parliamentary Question No. 151 of 12 December 2013, if he will provide an update on same; and if he will make a statement on the matter. [11248/14]

Amharc ar fhreagra

Freagraí scríofa

I have received a report from the Garda authorities and have recently responded to the Deputy (in a letter dated 4 March 2014), setting out the detail of the Garda measures in place to tackle the issues referred to.

In summary, I can advise the Deputy that An Garda Síochána utilises a range of legislative provisions and operational strategies to address anti-social behaviour and related criminal activity in the areas referred to. I am further informed that Garda actions are framed within a general policing approach for the Dublin Region including the Dublin City catchment area, which includes dedicated Garda patrols in key commercial and public thoroughfares at strategic times, as dictated by crime trends and foot-fall for the areas in question.

In addition specific Garda operations including Operation Stilts and Operation Spire focus on areas of the North Inner City, including those referred to, with a view to preventing and disrupting the activities of persons involved in anti-social behaviour, including public drinking, and drug offences.

Implementation of these strategies is closely monitored and continually reviewed by local Garda Management. with a view to ensuring optimum use is made of Garda resources, and the best possible service is provided to the public.

Immigration Policy

Ceisteanna (181)

Noel Harrington

Ceist:

181. Deputy Noel Harrington asked the Minister for Justice and Equality if a non-EU citizen married to an EU citizen over 15 years prior to the introduction of the European Communities (Free Movement of Persons ) Regulations 2006 and 2008 and living in Ireland with their spouse for this period is subject to these regulations or the previous regulations regarding an application for residency; and if he will make a statement on the matter. [11353/14]

Amharc ar fhreagra

Freagraí scríofa

I noted that the Deputy has not disclosed precise details of all the circumstances in respect of the persons concerned. All third country nationals who enter the State are obliged to comply with the national immigration laws of the State at the time of arrival in the State. However, if it is the case that the person in question does not currently have permission to reside in the State, it is open to that person to lodge an application to reside in the State as the spouse of an EU citizen in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (as amended) and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

There are many routes through which Union citizens and their family members can acquire residence rights, including permanent residence, in the territory of a Member State other than the Member State of which they may be a national. While not entirely without any conditions or restrictions Community law gives a wide discretion to Union citizens in terms of establishing such rights. This is inevitably linked to the particular circumstances of the person concerned or their family members.

In the circumstances, it is not possible to be prescriptive in any individual case without knowledge of the full facts of the case. If the Deputy forwards these to me I will arrange for them to be considered and will revert to him.

Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.

Deportation Orders

Ceisteanna (182)

Bernard Durkan

Ceist:

182. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of a revocation of deportation order under section 3(11) of the Immigration Act, 1999, as amended, in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [11364/14]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to the Reply given to his Parliamentary Question No. 242 on Thursday 16 January 2014. The status of the person concerned is as set out in that Reply.

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of her asylum claim. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State.

Representations were received from the person's legal representative asking that her Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended). This application is under consideration at present. When a decision has been made on that application the outcome of that decision will be conveyed in writing to the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

International Students

Ceisteanna (183)

Jonathan O'Brien

Ceist:

183. Deputy Jonathan O'Brien asked the Minister for Justice and Equality the number of international students studying here during 2010 and 2013; the number of those students from India, China and the Middle East; and if he will make a statement on the matter. [11389/14]

Amharc ar fhreagra

Freagraí scríofa

International students studying in the State comprise both EEA and non-EEA nationals. There are no statistics available to my Department with regard to EEA nationals as by virtue of EU Freedom of Movement rights such persons are not required to register for permission to remain in the State.

Non-EEA nationals whose course of study exceeds 3 months are required to register with the Garda National Immigration Bureau (GNIB). There are currently approximately 34,800 non-EEA national students with permission to remain in the State. The corresponding figure for 2010 was approximately 32,900.

In relation to the country/region specific statistics requested by the Deputy records indicate that there are at present approximately 2,150 students from India registered with the Garda National Immigration Bureau, 5,300 from China and 2,680 from the Middle East (includes Saudi Arabia, Kuwait, UAE, Oman and Qatar). The corresponding figures for 2010 were approximately 2,500, 8,100 and 800 respectively.

The Deputy may also wish to note that in 2013, study visa applications from India increased from 662 for 2012 to 1,887 in 2013, of which 1,334 were approved. The comparative number of study visa approvals for India in 2012 was 550. This represents a 142% increase in the number of study visas granted to Indian students. India has been identified as a key development market and the strong increase in the levels of applications made and the number of approvals recorded in 2013 is very encouraging.

In addition study visa applications and visa approvals from China increased in 2013 when compared to 2012. Overall the total number of study visa approvals from China increased by 9% to 1,392 in 2013 with an overall visa approval rate of 92%.

International Students

Ceisteanna (184)

Jonathan O'Brien

Ceist:

184. Deputy Jonathan O'Brien asked the Minister for Justice and Equality if non-EU postgraduate students are allowed to work here for a year after they have completed their studies. [11390/14]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that it is possible for a non-EEA student to stay in Ireland after they complete their studies for the purpose of seeking employment under the Irish Third Level Graduate Scheme. This scheme exists to allow legally resident non-EEA third level graduates to remain in Ireland for the purpose of seeking employment and applying for a green card or work permit.

The duration of the Third Level Graduate Scheme can be either for six months or one year depending on the level of qualification obtained. To be eligible for a one year permission under the third level graduate scheme a student is required to have studied in Ireland and obtained a qualification at Level NFQ 8-10, an award granted by a recognised Irish awarding body (overseas accreditation will not be accepted), i.e:

- Dublin Institute of Technology;

- Higher Education Training and Awards Council;

- Institutes of Technology with delegated authority;

- Royal College of Surgeons in Ireland;

- Universities;

- Other bodies that have statutory award making powers in Irish law.

During the period of permission under the Irish Third Level Graduate Scheme a student can work full time (up to 40hrs per week). There are a number of conditions attached to the Third Level Graduate Scheme such as the recipients permission will remain that of a student, it is a non renewable permission and it can only be availed of once.

A six month permission under the Irish Third Level Graduate Scheme is available to students who have graduated a course at Level 7 of the NFQ.

In general, upon the expiry of the Irish Third Level Graduate Scheme the only way a student can remain in Ireland is by way of an employment permit or Green Card Employment Permit which are issued by the Department of Jobs, Enterprise and Innovation. Holders of the Third Level Graduate Scheme are eligible to apply for an employment permit or Green Card Employment Permit without first having to leave the State.

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