Written Answers Nos. 361 - 380
361. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the proposed entry criteria for upland farmers in relation to the GLAS scheme in the rural development programme; the justification for same and his response to those farmers who recently protested against the proposed changes; and if he will make a statement on the matter. [28306/14]
Amharc ar fhreagraI announced details of the new GLAS (Green Low-carbon Agri-environment Scheme) in January 2014 as part of a suite of proposed measures under the new Rural Development Programme. Following an extensive consultation process, I published a second draft of the entire Rural Development Programme in May as part of the Strategic Environmental Assessment (SEA) process. This latest document sets out the range of proposed measures in considerable detail, including what has been proposed under GLAS.
As regards farmers with commonage, the key thing here has always been to balance the critical mass required to deliver a meaningful commonage plan compatible with EU and national financial support with what it is possible and practical to achieve by way of agreement amongst the shareholders concerned. Commonages are owned and managed collectively and therefore a single GLAS commonage plan is what is required to implement the actions foreseen under GLAS.
362. Deputy Gabrielle McFadden asked the Minister for Agriculture, Food and the Marine if he will clarify the details of the GLAS scheme; and when it will be rolled out. [28448/14]
Amharc ar fhreagraI announced details of the new GLAS (Green Low-carbon Agri-environment Scheme) on 14 January 2014 as part of a suite of proposed measures under the new Rural Development Programme. GLAS will provide significant funding to farmers who undertake environmental actions in line with national and EU environmental objectives. It will contribute to the overall public good and will build on the success of previous agri-environment schemes.
Stakeholder consultation has been a central element in the development of the new RDP, and has been ongoing for almost a year. The most recently completed stakeholder consultation centred on the Strategic Environmental Assessment (SEA). As part of this process I published a consultation document on the new Rural Development Programme, which sets out the range of proposed measures in considerable detail, including GLAS.
I am now moving to finalise the detail of GLAS, and the various other measures included in the RDP, and I will be making full details available, including relevant payment rates, very shortly. I envisage that GLAS will be operational for 2015.
363. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if he will issue a comprehensive response to each of the issues raised by a person (details supplied) in Dublin 14 in correspondence to him dated 22 October 2012; if he will make the full file on this case available for examination; if he will appoint a senior official to engage directly with the person with a view to bringing closure to the matter. [28469/14]
Amharc ar fhreagraMy Department has indicated on numerous occasions to the person concerned that this case, which relates to events more than 30 years ago, has been fully dealt with in Court. My Department has provided all releasable personal information to the person concerned under various FOI and Data Protection requests. I should also explain that my Department provided a detailed brief to the Public Accounts Committee on this matter in 2012 in response to a petition from the person concerned.
364. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if he and a senior official in his Department will meet persons (details supplied) in County Donegal in an effort to resolve the issues raised by the persons; his views on each of the issues raised; and if he will make a statement on the matter. [28470/14]
Amharc ar fhreagraThe issue referred to has been the subject of considerable correspondence with my Department and with the Chief State Solicitors Office in the last number of years.
The Chief State Solicitor recently advised that all correspondence with the persons concerned should issue from her Office. Therefore, it would not be appropriate for a meeting to be arranged at this time.
However, I understand that the CSSO issued significant correspondence to the persons concerned yesterday which inter alia indicated potential steps for moving this matter forward.
365. Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine the initiative he is taking with his counterpart in Northern Ireland to develop the live export of cattle in Northern Ireland and the UK; and if he will make a statement on the matter. [28483/14]
Amharc ar fhreagraMy Department attaches considerable importance to the live export trade and, over the years, has been very active in facilitating shipments abroad. Live exports serve a dual purpose as a means of satisfying market demands for live animals and providing alternative market outlets for farmers. Total live exports to date this year are over 154,000 head of which 26,000 went to the UK, an increase of some 2,400 head or 10% up on the comparable period in 2013. Of this 26,000, some 19,100 went to Northern Ireland, which is an increase of 3% on the same period in 2013.
However, the potential to grow the live trade to the UK even further is constrained by the buying specifications operated by the British retail chains in relation to cattle born in this country and exported live for finishing and processing in that market. The retailers’ longstanding policy is to market British and Irish beef separately. This means that beef must be sourced from animals originating in one country; i.e. born, reared and slaughtered in the same country. In addition, logistical difficulties arise when a small number of Irish-born animals are slaughtered in a UK meat plant. Under mandatory EU labelling rules, these carcases have to be deboned in a separate batch, packaged and labelled accordingly, thereby incurring additional costs for the processor. This therefore decreases the attractiveness of animals born or reared in the Republic.
While Bord Bia has repeatedly raised this issue with British retailers over the years, they are unlikely to reverse their marketing policy in the short term. Nevertheless Bord Bia will continue to pursue all opportunities to maximise the full potential of the beef and livestock trade with our largest trading partner. In addition, Bord Bia actively supports the development of the live export trade through the provision of market information, developing market access and promotional activity.
I hosted two roundtable discussions with key stakeholders in the beef sector on 17 April and 3 June, at which these matters were discussed. Both I and Minister of State Tom Hayes T.D. have also had discussions with my Northern counterpart, Ms Michelle O’Neill, on these issues and I will continue to engage with her on them, to the benefit of producers on both sides of the border. In addition I expect that these issues will be discussed at the next agriculture sectoral meeting of the North South Ministerial Council (NSMC) in September.
366. Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine the progress that is being made on the harmonisation of the veterinary regimes on the island of Ireland; and if he will make a statement on the matter. [28484/14]
Amharc ar fhreagraThere is already a substantial degree of harmonisation of the veterinary regimes on the island of Ireland, particularly in view of the fact that the bulk of the animal health and welfare measures implemented on the island are based on EU legislation. The main objective of the North-South strategy in the animal health and welfare area is to establish equivalent internal arrangements on both sides of the Border with a view to achieving freer movement of animals and animal products within the island. There is ongoing co-operation through the dedicated working groups established under the North/South arrangements to further this objective.
With regard to those diseases which are not harmonised at EU level, I believe that the Northern Ireland decision to establish a body with a similar remit to that of Animal Health Ireland should help to progress cross-border co-operation in this area. There is clearly an all Ireland recognition of the potential to improve the competitiveness of the farming sector through tackling production diseases.
367. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the requirements that must be fulfilled in order to draw down payment under the common agricultural policy on these two areas, farmland afforested prior to 2009; and farmland afforested in 2009 or after. [28497/14]
Amharc ar fhreagra368. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if farmland afforested prior to 2009 is not eligible for consideration as part of the calculation of a farmer's direct payments and his-her basic payment in particular; the other sources of European Union funding available with regard to this afforested land. [28498/14]
Amharc ar fhreagraI propose to take Questions Nos. 367 and 368 together.
When the Single Payment Scheme was introduced in 2005, land afforested under an EU funded, or an equivalent nationally funded, Afforestation Aid Scheme was not eligible for payment. Therefore, lands afforested during the period 2005 to 2008 were not and cannot now become eligible for payment under the Single Payment Scheme. However, provision was made in the Regulations whereby farmers, who afforested part of their holding under the Afforestation Aid Scheme, could consolidate their entitlements on the reduced number of eligible hectares that they farmed. That meant that farmers could benefit from full payment under both the Single Payment Scheme and Afforestation Aid Scheme. Many farmers in Ireland, who afforested part of their holdings, took advantage of these provisions.
Following changes to the EU Regulations arising from the adoption of the CAP Health Check proposals, land which was afforested since 2009 is eligible to draw down a payment under the Single Payment Scheme (SPS), provided that the afforested land meets the following requirements:
- The land to be afforested was declared on a 2008 SPS application form;
- The applicant who declared that land on a 2008 SPS application form was paid under the 2008 Single Payment Scheme;
- The afforested was eligible for payment in 2008;
- The afforested land meets all the requirements of the Afforestation Grant and Premium Scheme.
Similar provisions covering the eligibility of afforested land are contained in Regulation (EU) 1307/2013 governing the requirements of the Basic Payment Scheme, which will replace the Single Payment Scheme from 2015 onwards.
It should be noted that the Afforestation Scheme is nationally funded.
369. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the number of child protection teams in direct provision centres; and if she will make a statement on the matter. [28293/14]
Amharc ar fhreagra408. Deputy Róisín Shortall asked the Minister for Justice and Equality if her attention has been drawn to the serious child protection concerns which have arisen in direct provision centres; and the steps that are being taken to address these concerns. [28113/14]
Amharc ar fhreagra436. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the supports that will be made available to the 1,791 children currently in direct provision in view of the Children First Bill 2014 being implemented in the foreseeable future; if she will ensure that the current health and welfare concerns in direct provision do not escalate to the level experienced in previous institutions such as the mother and baby homes or Magdalen laundries; and if she will make a statement on the matter. [27895/14]
Amharc ar fhreagraI propose to take Questions Nos. 369, 408 and 436 together.
The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation and protection of applicants in accordance with the Government policy of direct provision and dispersal.
As at 8 June 2014, there were 4,353 persons availing of direct provision accommodation in 34 centres under contract to the Reception and Integration Agency (RIA) of my Department. Approximately 38% of these residents are children under the age of 18.
Parents who live in direct provision centres have the primary responsibility for the care and welfare of their children who reside with them. The safety of all residents – especially children – is at the forefront of RIA’s objectives. RIA affords the highest priority to the safeguarding and protection of children. RIA is, and will always be, compliant with all legislative requirements in this area. RIA has a fully staffed child and family service unit, the head of which is seconded from the HSE and whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all residents in the direct provision system. The unit also acts as a conduit between RIA and Child and Family Agency (Tusla), the latter having statutory functions in this area.
RIA's Child Protection and Welfare Policy is based on the Department of Children and Youth Affairs' “Children First- National Guidance for the Protection and Welfare of Children”. This guidance document was developed to assist people in identifying and reporting child abuse and welfare concerns. The protection and welfare policy emphasises that the needs of children and families must be central to child care and child protection and welfare. RIA's policy has been reviewed and updated and now contains a practice document to make it more user friendly. That draft document is now with Tusla for final feedback and it is anticipated that it will be published by the end of August, 2014 on RIA’s website www.ria.gov.ie.
In relation to the question of "child protection teams" it is important to understand that the existing and draft policy requires, inter alia, that each accommodation centre has a designated Child Protection Liaison Person who has undertaken Children First – Keeping Safe Training. When a child protection or welfare incident arises in a RIA centre it is the function of that Liaison Person to contact the local Social Work Team to inform it of his or her concern and to liaise with the RIA Child and Family Services Unit. RIA's Child Protection and Welfare Policy complements other policies and procedures in place, viz:
- Garda Vetting Policy. All staff in centres under contract to RIA are Garda vetted.
- Complaints Policy. Complaints by centre residents are dealt with in accordance with the procedures outlined in RIA's Accommodation Centre Services, Rules and Procedures (House Rules). A copy of which is provided to all residents and sets out, inter alia, the obligations placed both on the centre manager and the resident.
- RIA Policy and Practice Document on safeguarding RIA residents against Domestic, Sexual and Gender-based Violence & Harassment
- RIA Code of Practice for Persons Working in Accommodation Centres and RIA Staff
- National Policy agreed between HSE and RIA in relation to reuniting children with adults
- Policy on Accommodation of Aged Out Minors in RIA Accommodation Centres.
370. Deputy Jim Daly asked the Minister for Justice and Equality if additional funding has been awarded to neighbourhood watch and community alert groups in recent times; and if she will make a statement on the matter. [28310/14]
Amharc ar fhreagraFor many years my Department has provided funding for the Community Alert programme which is operated by Muintir na Tíre in partnership with the Garda authorities, and supports the operation of over 1,300 local groups. My Department does not provide direct funding to local groups, but funding is provided in relation to the employment and associated costs of a National Coordinator and Development Officers, as the long-standing view has been that this is the best use of the resources available to my Department to support effective community crime prevention actions. I am currently providing the maximum possible funding to Community Alert that is open to me, having regard to the overall restrictions on my Department's resources and other expenditure needs. I understand that funding for Community Alert is also received from the HSE.
In relation to Neighbourhood Watch groups, while certain costs related to their operations are funded from the Garda Vote as approved by local Garda management, there is not a specific financial allocation for this purpose.
I should also draw the Deputy's attention to the general supports which are available for community crime prevention groups. In particular, An Garda Síochána have published new Community Crime Prevention Guidelines to facilitate the establishment of new local groups and also to help revitalise existing groups where necessary. Further information, advice and support is available locally from community Gardaí. The long-standing partnership between An Garda Síochána and Muintir na Tire in supporting Community Alert was underlined by the signing of an updated Memorandum of Understanding between the two organisations in January last year.
I can also advise the Deputy that local Garda management continue to engage with communities through the Joint Policing Committees and other fora to advise them of the relevant local policing arrangements, with a view to ensuring that the best possible policing service is provided.
371. Deputy Brendan Griffin asked the Minister for Justice and Equality if the children and family relationships Bill will be enacted in full by the end of 2014; and if she will make a statement on the matter. [28322/14]
Amharc ar fhreagraThe General Scheme of the Children and Family Relationships Bill was published on 31 January this year and referred to the Joint Oireachtas Committee on Justice, Defence and Equality for pre-legislative scrutiny. The Committee's report, containing a number of recommendations, was received on 29 May 2014. The recommendations, together with the recommendations of the Ombudsman for Children received on 28 May 2014, are being considered as part of the process of finalising the General Scheme before the drafting of the Bill proper.
At this stage I cannot give an expected date for enactment.
372. Deputy Brendan Griffin asked the Minister for Justice and Equality if a date will be set for the referendum on marriage equality; and if she will make a statement on the matter. [28323/14]
Amharc ar fhreagraAfter considering the recommendations of the Convention on the Constitution, Government agreed at its meeting on 5 November 2013 to hold a referendum on marriage equality. My Department is engaged in the early stages of developing the wording of the proposed constitutional amendment and the accompanying legislation including a General Scheme of an Implementation Bill that will be required if a referendum on opening marriage to same-sex couples is passed.
The Government has announced its intention to hold the referendum in the first half of 2015 but a specific date has not yet been set.
373. Deputy Brendan Griffin asked the Minister for Justice and Equality if section 37.1 of the Employment Equality Act will be deleted; and if she will make a statement on the matter. [28324/14]
Amharc ar fhreagraProposals to amend section 37 of the Employment Equality Act are contained in the Employment Equality (Amendment) (No. 2) Bill 2013 which is currently before the Seanad at Committee Stage. The objective of the Bill is to better balance the right of religious freedom and the right of employees to protection from discrimination. The Government, as announced previously, has accepted the principle of this Private Member's Bill. I will be bringing proposals to Government shortly for amendments to make a number improvements to the Bill and also to make a number of other, mainly technical, amendments to equality legislation generally.
374. Deputy John McGuinness asked the Minister for Justice and Equality her plans regarding the ongoing maintenance of the Garda station at Bennettsbridge, County Kilkenny; if the property is to be sold; if any community organisation has expressed an interest in the property; and if she will make a statement on the matter. [28468/14]
Amharc ar fhreagraThe programme of refurbishment of Garda stations is based on priorities which are established by An Garda Síochána. The programme is advanced in co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. Funding for such works is met by the Office of Public Works.
In that context, I am informed by the Garda authorities that refurbishment works on the station referred to will be progressed in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote of the Office of Public Works.
I am further advised that as Bennettsbridge Garda Station is an operational Garda Station, the question of disposal does not arise.
375. Deputy Clare Daly asked the Minister for Justice and Equality the way in which cannabis seized by the Garda and customs officers is dealt with; if there is a protocol in place for the disposal of confiscated cannabis; if she will outline this procedure; and if she will make a statement on the matter. [27859/14]
Amharc ar fhreagraI am informed by the Garda authorities that in circumstances where controlled drugs including cannabis have been seized and are subsequently made the subject of a court destruction order, or in circumstances where no offender is prosecuted in relation to the seizure of the controlled drugs, they are destroyed in a safe and secure manner in accordance with the policy of An Garda Síochána.
The responsibility for ensuring the destruction of drugs, whether subject to a court order or otherwise, rests with each District Officer. The drugs are destroyed under the supervision of an Inspector from the Technical Bureau at Garda Headquarters who certifies destruction to each relevant District Officer.
The Garda Technical Bureau also facilitates the destruction of controlled drugs which have been received at the Bureau from Customs Officials.
376. Deputy Finian McGrath asked the Minister for Justice and Equality the action apartment residents can take against noisy and disruptive neighbours. [27863/14]
Amharc ar fhreagraI am assured by the Garda authorities that any complaints made to the Gardaí in relation to anti-social behaviour by a person's neighbours are fully investigated.
In this regard there is a range of strong legislative provisions available to an An Garda Síochána, including provisions under the Criminal Damage Act 1991, Criminal Justice (Public Order) Act 1994, the Criminal Justice (Public Order) Act 2003, and the Intoxicating Liquor Acts 2003 and 2008.
The Deputy will appreciate that issues relating to noise nuisance come within the remit of my colleague the Minister for the Environment, Community and Local Government. In this regard, I understand that the Minister is responding today to a Parliamentary Question from the Deputy with relevant information.
377. Deputy Anne Ferris asked the Minister for Justice and Equality her views on the most appropriate method of satisfying the public interest requirement for an investigation into the case of a person (details supplied) who died in tragic circumstances during February 2002 in Clara, County Offaly in view of the decision by GSOC, due to legislative constraints, not to proceed with an investigation into a complaint relating to this case and in view of the existence of independent pathologist reports obtained privately by the person's family that contradict certain findings of a report by a former State Pathologist; and if she will make a statement on the matter. [27874/14]
Amharc ar fhreagra378. Deputy Anne Ferris asked the Minister for Justice and Equality if she will release to the family of a person (details supplied) a full unredacted copy of letter referenced P.S. 343/03; if for some reason this is not considered possible, the reason for same; and if she will make a statement on the matter. [27875/14]
Amharc ar fhreagra379. Deputy Anne Ferris asked the Minister for Justice and Equality if she will release to the family of a person (details supplied) the full report of State Pathologist into their review of the post mortem findings of her predecessor and the independent opinions of two other pathologists engaged privately by the person's family, carried out by the State Pathologist as part of a second Garda investigation into the case commenced in 2005; and if she will make a statement on the matter. [27876/14]
Amharc ar fhreagraI propose to take Questions Nos. 377 to 379, inclusive, together.
The Deputy will be aware that the Garda investigation into the death of the person referred to is the subject of a complaint which has been received by my Department. I am currently considering my response and I will contact the Deputy again in relation to it.
I should point out, however, that I do not have a role in the investigation of criminal cases or the conduct of inquests. In this regard, I am advised that a copy of the State Pathologist's report referred to by the Deputy, which forms part of the Garda examination of the case, is not held in my Department.
I am also advised that the letter from 2006 referred to by the Deputy has previously been released, without redaction, under the Freedom of Information Act to a journalist following an appeal to the Information Commissioner. It is, of course, open to the persons in question to seek this or other documentation held by my Department by making a request under the Act.
380. Deputy Clare Daly asked the Minister for Justice and Equality if she will meet with the family of Fr. Niall Molloy in advance of the publication of the McGinn report, in view of the serious reservations that have been expressed by the family in relation to the terms of reference which have not been heard. [27880/14]
Amharc ar fhreagraAs the Deputy will be aware, Mr. Dominic McGinn, Senior Counsel, is at present carrying out an independent examination of the report of the Serious Crime Review Team relating to the Garda investigation into the death of Fr. Niall Molloy.
In accordance with its terms of reference, this independent examination comprises two elements. Firstly, Mr. McGinn is to examine the Review Team's report which, for legal reasons, cannot be put into the public domain in its current form, with a view to preparing a report which can be put into the public domain on any issues of public interest which may arise from the report. Secondly, he is to identify matters, if any, of significant public interest or concern that would warrant examination by a further inquiry and in respect of which such further inquiry would have a reasonable prospect of establishing the truth.
My priority is to allow Mr. McGinn to complete this process so that the maximum amount of information can be put into the public domain at the earliest possible date. At that point I will also of course fully consider the outcome of the examination concerning any further inquiry. I am conscious of the concerns expressed by the relatives of Father Molloy but I think it is important that I would have the benefit of Mr. McGinn's independent assessment before considering this matter further, including with respect to discussing the case with the family. While Mr. McGinn's terms of reference do not stipulate a specific timescale, my understanding is that his work is well advanced and it is anticipated will be completed by the end of the summer.
