Thursday, 8 May 2014

Written Answers Nos. 151-160

Housing Regeneration

Ceisteanna (151)

Clare Daly

Ceist:

151. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government to set out the amount of regeneration funding his Department is providing for the Cranmore and environs regeneration project in Sligo in 2014; if any proposal has been made by Sligo Borough Council to use a portion of the regeneration funding for remedial works on private houses in the Cranmore estate and if private households in the estate will be offered the opportunity of availing of a 50:50 scheme whereby certain approved remedial or refurbishment works are 50% funded from regeneration funds; and if he will make a statement on the matter. [20802/14]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

The Sligo regeneration project is currently at master planning stage. With the exception of some ‘early win’ projects, expenditure to date relates to the development, in consultation with the local community and other stakeholder groups, of the detailed masterplan and implementation strategies for the Sligo regeneration project. Completion of the masterplan will inform future strategies for the refurbishment of local authority and privately owned properties in the Cranmore Estate. Some €1.38 million was recouped to Sligo Borough Council in 2013 in respect of the regeneration work programme. A decision on the overall level of funding to be provided in 2014 will be notified to the Council shortly.

Local Authority Finances

Ceisteanna (152)

Clare Daly

Ceist:

152. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if his Department has received a request dated 17 February 2014 from the new Sligo county manager seeking a bailout of €15 million for Sligo County Council, to be paid by instalments of €1.5 million per annum over a ten-year period, to address the accumulated debts of the council; if it has been brought to his attention that the annual budgets drafted by senior council officials and presented to councillors for adoption have led to Sligo County Council having the highest overall deficit balance of all county and city councils as outlined in its annual financial statements; if it has been further brought to his attention that Sligo County Council had a deficit of €2,815,649 on its revenue account for the year ending 31 December 2008, a deficit of €3,232,961 for the year ending 31 December 2009, a deficit of €2,463,505 for the year ending 31 December 2010, a deficit of €2,973,000 for the year ending 31 December 2011 and a deficit of €2,455,000 for the year ending 31 December 2012; that according to the most recent auditors report released in November 2013, the council's total revenue-capital debt has grown to €94 million; if it is the intention of his Department to provide the additional €15 million bailout sought by the council; and if he will make a statement on the matter. [20803/14]

Freagraí scríofa

Minister for the Environment, Community and Local Government

It is a matter for each local authority, including Sligo County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority.

To enhance the financial management and audit control systems in local authorities, an audit committee, with both councillor and expert external membership, is now in place in each county and city council. The functions of an audit committee include reviewing financial and budgetary reporting practices and procedures within a local authority; reviewing auditors’ reports and special reports and assessing follow-up action by management; assessing and promoting efficiency and value for money, reviewing risk management systems and making such recommendations to the authority as the committee considers appropriate in respect of such matters.

My Department is in regular and on-going correspondence with Sligo County Council in relation to their financial position, including the letter to which the question refers. It is a matter for individual local authorities to manage their own day-to-day finances in a prudent and sustainable manner and funding allocations, through General Purpose Grants, are provided on an annual basis to local authorities, following a full assessment of requirements across the local government system.

Legislative Programme

Ceisteanna (153)

Charlie McConalogue

Ceist:

153. Deputy Charlie McConalogue asked the Minister for Justice and Equality to set out her plans to amend the Prohibition of Incitement to Hatred Act to include disability; if she has any such plans, her reasons for same; and if she will make a statement on the matter. [20652/14]

Freagraí scríofa

Minister for Justice and Equality

The State's prosecutorial authorities have not brought to my attention any concerns indicating a need to amend incitement to hatred legislation as proposed by the Deputy. Nor is there any requirement in international law requiring domestic legislation to combat incitement to hatred against a person or persons on grounds of disability. EU Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law requires the Member States to criminalise incitement to hatred, hatred being defined by reference to race, colour, religion, descent, or national or ethnic origin.

Where other criminal offences such as assault, criminal damage, or public order offences are committed with a hatred motive, they are prosecuted as generic offences through the wider criminal law. Judges are required to take aggravating factors, such as targeting a victim because he or she is disabled, into account at sentencing. Also, the discriminatory grounds in equality legislation to combat discrimination in employment and the provision of services include disability. If an evidence-based case is made to add disability to the discriminatory grounds in the Prohibition of Incitement to Hatred Act 1989, this will, of course, be examined.

Garda Transport Provision

Ceisteanna (154, 155, 156)

Pádraig MacLochlainn

Ceist:

154. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to set out the number of Garda vehicles that were available to gardaí in County Donegal from 2008 to 2013, inclusive, including a breakdown of the type of vehicle, that is, car, van, motorbike and so on; and to set out the current Garda vehicle fleet in County Donegal. [20665/14]

Pádraig MacLochlainn

Ceist:

155. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to set out the amount of money spent in purchasing new Garda vehicles for gardaí in County Donegal from 2008 to 2013, inclusive; and the amount planned to be spent in 2014. [20666/14]

Pádraig MacLochlainn

Ceist:

156. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to set out the number of new Garda vehicles purchased for gardaí in County Donegal from 2008 to 2013, inclusive; including a breakdown on the type of vehicle, that is, car, van, motorbike and so on; and the number of new vehicles that are to be brought into service in 2014. [20667/14]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 154 to 156, inclusive, together.

The provision and allocation of Garda transport is a matter for the Garda Commissioner in the context of An Garda Síochána's identified operational requirements and the availability of resources. Responsibility for the efficient deployment of official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.

I am advised by the Garda authorities that the number of vehicles available and the number of new Garda vehicles allocated to the Donegal Division in the periods requested by the Deputy is laid out in the following tables.

DONEGAL FLEET 2008-2014

YEAR	CARS	VANS	MOTORCYCLES	4X4	OTHER	TOTAL
2008	51	10	3	1	1	66
2009	54	13	4	1	1	73
2010	58	11	5	1	2	77
2011	52	11	5	1	2	71
2012	42	12	3	1	2	60
2013	38	14	2	1	2	57
May 2014	40	14	2	1	2	59

DONEGAL NEW ALLOCATIONS 2008-2013

YEAR	CARS	VANS	MOTORCYCLES	4X4	OTHER	TOTAL
2008	13	3	1	0	0	17
2009	0	0	0	0	0	0
2010	0	0	0	0	0	0
2011	4	0	1	0	0	5
2012	2	1	0	0	0	3
2013	14	4	0	0	0	18

I am informed by the Garda authorities that it is not possible to provide the cost of providing new vehicles for the Donegal Division. However, the Deputy will be aware that a further €9m for investment in the fleet was recently secured. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. I am advised by the Garda authorities that these new vehicles are currently being allocated across Garda Divisions in accordance with operational requirements. In that regard, I am informed by the Garda authorities that 36 of these vehicles will be allocated to the Northern Region which includes the Donegal Division in 2014. The remaining €4 million has been made available for the purchase and fit out of Garda vehicles in 2014.

Garda Operations

Ceisteanna (157)

Thomas P. Broughan

Ceist:

157. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on Operation Irene and Operation Eitleán; the number of persons arrested and charged; the number of successful convictions obtained to date under these operations; and if these operations are still currently active. [20785/14]

Freagraí scríofa

Minister for Justice and Equality

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Liquor Licensing Laws

Ceisteanna (158)

Paudie Coffey

Ceist:

158. Deputy Paudie Coffey asked the Minister for Justice and Equality to detail her plans to review the licensing laws for pubs and restaurants on Good Friday; and if she will make a statement on the matter. [20805/14]

Freagraí scríofa

Minister for Justice and Equality

The Government Legislation Programme provides for future publication of a Sale of Alcohol Bill which will update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, including the statutory provisions relating to times when alcohol may be sold. The Bill will repeal the Licensing Acts 1833 to 2011 and the Registration of Clubs Acts 1904 to 2008 and replace them with streamlined and updated provisions. The statutory provisions restricting the sale of alcohol on Good Friday, which have historical origins, will be examined in that context.

Unfortunately, due to the complex nature of the proposed Bill, I am not in a position to state when it will be published. However, it is my intention to proceed quickly with enactment of the legislation following publication.

Defence Forces Fatalities

Ceisteanna (159, 160)

Clare Daly

Ceist:

159. Deputy Clare Daly asked the Minister for Defence in view of the fact that the 34th anniversary of the murder of soldiers (details supplied) has just passed the steps he has taken to bring their killer to justice. [20623/14]

Dominic Hannigan

Ceist:

160. Deputy Dominic Hannigan asked the Minister for Defence the action the Government will take to bring a matter (details supplied) to a close; and if he will make a statement on the matter. [20724/14]

Freagraí scríofa

Minister of State at the Department of Defence

I propose to take Questions Nos. 159 and 160 together.

The matter to which the Deputy is referring is the case of the killing of Privates Thomas Barrett and Derek Smallhorne, who were killed while serving with the United Nations Interim Force in Lebanon (UNIFIL) on 18 April 1980 and the matter of bringing the alleged perpetrator of the crime to justice.

I can assure the Deputy that over the past number of years my Department has investigated all measures open to the Irish Authorities to bring the alleged perpetrator of this crime to justice. This Department in conjunction with the Department of Foreign Affairs and Trade, the Attorney General’s Office and the Office of the Director of Public Prosecutions (DPP) have all collaborated on this case. Unfortunately, there are no provisions in Irish law, which provide a basis for Ireland to pursue a prosecution against the alleged perpetrator.While the country with primary jurisdiction in this case is Lebanon, the Department of Defence and the Department of Foreign Affairs and Trade are also in contact with the US authorities. The US authorities have recently confirmed that the alleged perpetrator resides in the United States. The United States Department of Homeland Security is currently investigating the matter to see if there is sufficient evidence which may enable them to take a case against the alleged perpetrator. As you will appreciate, such investigations can take a considerable amount of time to complete. The Department of Defence and the Department of Foreign Affairs and Trade continue to engage with the US authorities, as appropriate, and as the case remains ongoing.

I can assure the Deputy that this matter has not been forgotten and that we are continuing with our very best efforts in this case. It is indeed 34 years since this tragic event happened and despite the passage of time the Department will continue to actively pursue the matter so that the families concerned can get the justice they deserve.