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Gnáthamharc

Tuesday, 15 Jul 2014

Written Answers Nos. 541-567

Bord na gCon Administration

Ceisteanna (541)

Clare Daly

Ceist:

541. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the steps he will take regarding the publication of Indecon International Consultants Review of Certain Matters Relating to Bord na gCon, to implement the significant change recommended in regard to animal welfare challenges. [31042/14]

Amharc ar fhreagra

Freagraí scríofa

Bord na gCon is the commercial State body charged with the development of the greyhound racing industry, which has been estimated to support 10,000 jobs and €0.5bn in economic output.

Following the completion of a public procurement process, Indecon International Consultants were commissioned by my Department to conduct “A Review of Certain Matters Relating to Bord na gCon" in order to assess the suitability of the legal, governance and regulatory framework supporting the greyhound industry and to identify opportunities to maximise the commercial income of Bord na gCon, with a view to assisting the greyhound racing industry in reaching its potential.

The Review included a rigorous analysis of the financial performance of Bord na gCon, an examination of its strategic plans and an assessment of matters relating to governance, regulatory controls, greyhound welfare and breeding. The exercise included a detailed examination of the various submissions made through the stakeholder consultation process,

The Report produced by Indecon on completion of the Review was presented to the Board of Bord na gCon and published on the website of the Department of Agriculture, Food and the Marine, on 7 July.

My colleague, Minister of State, Tom Hayes, TD, and I accept the recommendations contained in the Indecon Report. Having identified a number of critical issues, this Report contains recommendations and outlines a range of practical measures to address the challenges faced by Bord na gCon. These are aimed at ensuring a sustainable and prosperous future for the greyhound industry so that it can make the maximum contribution to the economy. Bord na gCon has also welcomed the publication of the report.

Minister Hayes has directed Bord na gCon to examine the Report and prepare proposals for the implementation of its recommendations by the end of September.

In parallel, officials within my Department are considering the legislative changes required in order to give effect to the Report’s recommendations. I would expect that the proposals received from Bord na gCon, following their consideration of the Indecon Report, will impact on the drafting process. The draft legislation will be brought before Cabinet for approval, at the earliest opportunity, in accordance with procedure.

I am pleased to note that Bord na gCon has recently made an appointment to the new position of Director of Racing Governance and Compliance, a position I expect will be of critical importance in overseeing the implementation of recommendations in relation to welfare, regulation and breeding.

Single Payment Scheme Payments

Ceisteanna (542)

John McGuinness

Ceist:

542. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 577 of 26 February 2013, if he will confirm the payment was made to a person (details supplied) in County Kilkenny arising from the positive outcome of the review of their claim relative to two land parcels as stated in the reply to the parliamentary question; if he will confirm the amount, method and date of payment. [31084/14]

Amharc ar fhreagra

Freagraí scríofa

I wish to confirm that payments have issued to the person named in respect of applications lodged under the 2006, 2007, 2009 and 2010 Single Payment Schemes on foot of the positive outcome of the review in question. There is no record of a 2008 application having been lodged by the person named.

Payments, as set out as follows, were made by Electronic Fund Transfer directly to the nominated bank account of the person named dated 6 June 2013.

2006 payment - € 66.12;

2007 payment - € 81.45;

2009 payment - € 90.15;

2010 payment - € 90.15;

Rural Development Plan

Ceisteanna (543)

Martin Ferris

Ceist:

543. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine in relation to the GLAS scheme, the number of months of the year sheep must be on commonage. [31114/14]

Amharc ar fhreagra

Freagraí scríofa

I submitted the draft Rural Development Programme 2014-2020, which includes proposals for the new GLAS Scheme, to the European Commission on 3 July 2014 for approval. The approval process will take a number of months and implementing procedures will be developed in tandem with the ongoing negotiations with the Commission.

Management practices, including the grazing regime, will vary from commonage to commonage and it is proposed that these management practices will be set out in a sustainable management plan for each commonage prepared by an approved planner.

Commonage Division

Ceisteanna (544)

Martin Ferris

Ceist:

544. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine in relation to the GLAS scheme, the position regarding dormant shares of commonage. [31115/14]

Amharc ar fhreagra

Freagraí scríofa

I submitted the draft Rural Development Programme 2014-2020, which includes proposals for the new GLAS Scheme, to the European Commission on 3 July 2014 for approval. The approval process will take a number of months and implementing procedures will be developed in tandem with the ongoing negotiations with the Commission.

I am aware that there are many issues concerning the management of commonages, including the question of dormant shares, and in response to this on 9 July 2014 I appointed Mr. Joe Healy as Chairman of the newly established Commonage Implementation Committee. I am confident that this Committee will make a positive contribution in the development of sustainable management practices on commonages.

Commonage Division

Ceisteanna (545)

Martin Ferris

Ceist:

545. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine in relation to the GLAS scheme, the payment to be made for commonage. [31116/14]

Amharc ar fhreagra

Freagraí scríofa

I submitted the draft Rural Development Programme 2014-2020, which includes proposals for the new GLAS Scheme, to the European Commission on 3 July 2014 for approval. The proposed payment rate on commonage land is €120 per hectare, subject to an overall GLAS payment ceiling of €5,000 per farmer or €7,000 if the farmer is eligible for GLAS+ .

Agri-Environment Options Scheme Payments

Ceisteanna (546)

Martin Ferris

Ceist:

546. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine in relation to the GLAS scheme, the reason AEOS 3 participants are being penalised retrospectively when their first payment was received in May 2014. [31117/14]

Amharc ar fhreagra

Freagraí scríofa

Under the Terms and Conditions of the AEOS 3 Scheme, participants must comply with the rules of the Scheme and where, as a result of administrative or on the spot checks, breaches are detected appropriate sanctions must be applied. Payments in respect of the AEOS 3 2013 scheme year issued in 2014, and where breaches in respect of 2013 had been found, reductions and penalties were applied to the 2013 payment.

Commonage Division

Ceisteanna (547)

Martin Ferris

Ceist:

547. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine in relation to the GLAS scheme, the person who will manage grazing plans. [31118/14]

Amharc ar fhreagra

Freagraí scríofa

I submitted the draft Rural Development Programme 2014-2020, which includes proposals for the new GLAS Scheme, to the European Commission on 3 July 2014 for approval. The approval process will take a number of months and implementing procedures will be developed in tandem with the ongoing negotiations with the Commission.

It is proposed that management practices, including the grazing plan, will be set out in a sustainable management plan for the commonage prepared by an approved planner.

Commonage Division

Ceisteanna (548)

Martin Ferris

Ceist:

548. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine in relation to the GLAS scheme, the person who will oversee burning if it is required. [31119/14]

Amharc ar fhreagra

Freagraí scríofa

I submitted the draft Rural Development Programme 2014-2020, which includes proposals for the new GLAS Scheme, to the European Commission on 3 July 2014 for approval. The approval process will take a number of months and implementing procedures will be developed in tandem with the ongoing negotiations with the Commission.

It is proposed that management practices for the commonage will be set out in a sustainable management plan prepared by an approved planner.

Departmental Reports

Ceisteanna (549)

Seán Fleming

Ceist:

549. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine when his Department will publish its annual report for 2013. [31120/14]

Amharc ar fhreagra

Freagraí scríofa

My Department’s annual report is at an advanced stage of preparation and is scheduled to be presented to both Houses of the Oireachtas before mid-August. The 2013/4 Annual Review and Outlook has already been produced and is accessible through the Department’s website.

Agri-Environment Options Scheme Payments

Ceisteanna (550)

Pat Breen

Ceist:

550. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 425 of 24 June 2014, when the balance of payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [31300/14]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1 November 2010 and full payments have issued in respect of the 2010, 2011 and 2012 Scheme years.

Under the EU Regulations governing the Scheme, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks were successfully completed in respect of the 2013 Scheme year and 75% payment issued to the person named on 27 November 2013. The balancing 25% payment, minus a reduction in respect of on over-claim on the Natura action,issued on 8 July 2014.

Milk Quota

Ceisteanna (551, 552)

Martin Ferris

Ceist:

551. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the persons or legal company that will verify that the reallocation of approximately 500,000 litres has taken place (details supplied). [31387/14]

Amharc ar fhreagra

Martin Ferris

Ceist:

552. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if all the relevant information and papers related to the illegal internal alteration of milk quota reallocation (details supplied) has been sent to the Chief State Solicitor's office; and when a final outcome on the matter is expected from the Chief State Solicitor. [31388/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 551 and 552 together.

As already indicated, my Department has carried out investigations into allegations that milk collections from a milk supplier were credited to another milk supplier which was facilitated by the milk purchaser concerned.

As I have previously outlined to the House, the investigation carried out by officials in my Department is now complete. At my request, corrective actions have been completed by all parties concerned, including the reallocation of milk to the original supplier; the payment of the super levy fine by the supplier concerned; and the distribution of the unused quota though the ‘flexi milk’ scheme. I am currently following internal procurement procedures in order to select a company to independently verify these actions.

All the relevant papers in this case have been sent to the Chief State Solicitor’s Office for advice on whether any further action is warranted, having regard to the provisions of the Milk Quota Regulations or other legal provisions and the matter is still under consideration by that Office.

Single Payment Scheme Payments

Ceisteanna (553)

Michael Creed

Ceist:

553. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive the balance of their single farm payment; and if he will make a statement on the matter. [31452/14]

Amharc ar fhreagra

Freagraí scríofa

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that a number of the land parcels declared by the person named contained ineligible features. Following a request for a review from the person named, a visit by a Department official to verify the position was necessary to progress the matter. The person named will be advised of the outcome of this verification visit shortly. If he is not satisfied with the outcome of the review, the applicant can appeal the decision to the independently-chaired LPIS Appeals Committee.

Ministerial Dialogue

Ceisteanna (554)

Patrick O'Donovan

Ceist:

554. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the engagements he has had with the Department of Arts, Heritage and the Gaeltacht in relation to difficulties farmers and landowners are having as a result of designation of lands for hen harrier habitat conservation; and if he will make a statement on the matter. [31459/14]

Amharc ar fhreagra

Freagraí scríofa

The Hen Harrier is a species of high conservation value listed in Annex I of the EU Birds Directive, which provides a legislative framework for the conservation of the species. Six Special Protection Areas (SPAs) have been designated under the Birds Directive for the protection of the species in Ireland.

Due to concerns raised by the European Commission regarding SPA management, and within the context of ongoing concern regarding the species itself, the Department of Arts, Heritage and the Gaeltacht have initiated the development of a Threat Response Plan (TRP) under Section 39 of S.I. 477 of 2011. The Department of Arts, Heritage and the Gaeltacht will carry out public consultation in relation to this plan which will set out measures necessary to preserve, maintain or re-establish a sufficient diversity and area of habitat for the species. It is intended that this plan will bring predictability and clarity to landowners about the future management of these sites.

The former Minister at the Department of Arts, Heritage and the Gaeltacht, Minister Deenihan and I were well aware of the issues faced by landowners in these areas including issues around land values and afforestation approvals. There have been ongoing discussions between my Department and the Department of Arts, Heritage and the Gaeltacht in relation to the Hen Harrier SPA’s. Recently my colleague Minister of State Tom Hayes met with Minister Deenihan on this issue and agreed that at the earliest possible date and following sufficient progress on the development of the Threat Response Plan, the two Departments will seek the Commission’s agreement to an interim approach to afforestation. As part of the process for developing the threat response plan the first meeting of the Inter-Departmental Steering Group on the Hen Harrier Threat Response Plan is scheduled to take place at the end of July 2014.

Forestry Grants

Ceisteanna (555)

Michael Healy-Rae

Ceist:

555. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding grant aid for a forestry road in respect of a person (details supplied); and if he will make a statement on the matter. [31505/14]

Amharc ar fhreagra

Freagraí scríofa

The application by the person named for approval to build a forest road was granted on 28 September 2012 under reference CN60711 with an expiry date for its completion of 31 December 2012. There were two subsequent extensions to the completion date and the road was scheduled to be completed by 30 June 2013. When the application for payment (Form 2) was received it was noted that the completion date was outside of the extended expiry period and the application was refused.

The person named appealed against this decision but his appeal was unsuccessful. He was also advised that if he considers that he has been treated unfairly that it is open to him to submit a complaint to the Office of the Ombudsman.

Agri-Environment Options Scheme Payments

Ceisteanna (556)

Michael Healy-Rae

Ceist:

556. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding the agri-environment options scheme payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31506/14]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the Agri-Environment Options Scheme (AEOS 3) with effect from 1 May 2013.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have been successfully completed in respect of 2013 and 75% payment issued to the person named on 11 July 2014. Final arrangements are in train to issue the balancing 25% payment to all eligible AEOS 3 participants as soon as possible.

Public Relations Contracts Expenditure

Ceisteanna (557)

Denis Naughten

Ceist:

557. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the total cost of public relations-communications to his Department in 2013; the spend to date in 2014; the total estimate for 2014; the corresponding figures for each agency funded from his Department; and if he will make a statement on the matter. [31522/14]

Amharc ar fhreagra

Freagraí scríofa

My Department’s Press and Information Office, amongst its other duties, provides public relations/communications services to this Department and this work is covered by the salaries of the staff assigned to this office. My Department does not employ external public relations companies.

As regards the State Agencies, the management of public relations/communications services is an operational matter for the agencies themselves.

Single Payment Scheme Application Numbers

Ceisteanna (558)

Éamon Ó Cuív

Ceist:

558. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the total number of applicants in each county under the single farm payment last year; the total hectares declared in each county; and if he will make a statement on the matter. [31542/14]

Amharc ar fhreagra

Freagraí scríofa

The number of Single Farm applications plus the total eligible area declared under Single Farm Payment, DAS and other area based schemes is as set out as follows:

COUNTY

Number of SFP Applicants

Total area declared in Hectares

CARLOW

1,704

72,403.32

CAVAN

5,079

140,753.13

CLARE

6,362

207,757.53

CORK

13,537

543,604.54

DONEGAL

8,973

291,460.48

DUBLIN

664

36,692.84

GALWAY

12,724

372,214.97

KERRY

8,161

332,907.74

KILDARE

2,202

108,667.71

KILKENNY

3,582

160,188.03

LAOIS

3,059

119,615.65

LEITRIM

3,606

104,378.58

LIMERICK

5,397

197,248.00

LONGFORD

2,491

72,227.24

LOUTH

1,575

63,273.63

MAYO

12,154

352,669.64

MEATH

3,958

175,298.80

MONAGHAN

4,318

101,363.37

OFFALY

3,191

121,400.02

ROSCOMMON

5,996

164,666.18

SLIGO

4,238

122,635.51

TIPPERARY

7,293

317,684.97

WATERFORD

2,561

127,726.91

WESTMEATH

3,125

120,404.49

WEXFORD

4,180

181,530.11

WICKLOW

2,217

115,747.72

Total

132,347

4,724,521.10

Rural Development Plan

Ceisteanna (559)

Seán Kyne

Ceist:

559. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine when it is anticipated that the examination of the rural development programme by the constituent parts of the European Union will be completed, thereby enabling the commencement of implementation of this programme of supports; and if he will make a statement on the matter. [31582/14]

Amharc ar fhreagra

Freagraí scríofa

The Rural Development Programme 2014-2020 (RDP) will be a key support in enhancing the competitiveness of the agri-food sector, achieving more sustainable management of natural resources and ensuring a more balanced development of rural areas. The proposed measures for inclusion in the new RDP were the subject of extensive stakeholder consultation over a period of 18 months and the resultant feedback has informed the design of the draft Programme. An ex-ante evaluation incorporating a Strategic Environmental Analysis and an Appropriate Assessment was also carried out on the proposed measures by independent, external evaluators.

The draft RDP was finalised by my Department and submitted to the European Commission on the 3rd of July 2014. This draft will now for the basis for a period of discussion with the Commission and the subsequent formal adoption of the RDP.

Given the wide ranging nature of the content of the RDP and the extensive internal consultation to be undertaken by the Commission, it is difficult to predict exactly how long these discussions will last. However, the relevant EU Regulations do provide some guidance in relation to the maximum time limits that will apply to the approval process. In accordance with Regulation (EU) No 1303/2013 of the European Parliament and the Council, the Commission will make observations and respond within three months of the date of submission of Ireland’s RDP. In response, my Department will provide to the Commission all necessary additional information and, where appropriate, revise the proposed programme. Provided that all observations made by the Commission are adequately taken into account, the Regulation sets out that the Commission will approve the Programme no later than six months following the original submission.

Securing approval for the Rural Development Programme 2014-2020 will be a priority for my Department in the coming months.

Animal Welfare

Ceisteanna (560)

Clare Daly

Ceist:

560. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will implement measures to combat the racing of horses on public roads. [31653/14]

Amharc ar fhreagra

Freagraí scríofa

Activities on the public road involving the racing of horses in harness and or sulky racing for example, are governed by the Road Traffic Acts. This legislation imposes an obligation on the person engaged in such activity to exercise due care for other road users and not to indulge in dangerous driving. Under the Control of Horses Act 1996, Local Authorities have powers to create exclusion areas in bye-laws prohibiting persons from having a horse in an area except for bona fide reasons and these powers could extend to horses used in harness or sulky racing. The newly commenced Animal Health and Welfare Act 2013 provide appropriate powers where horse welfare problems, or potential horse welfare problems, are observed. My officials are working closely with An Garda Siochána and with the local authorities in this matter.

Poultry Industry

Ceisteanna (561)

Brendan Smith

Ceist:

561. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the proposals he has to provide financial support to the poultry sector under the rural development plan; the specific allocation of funding that will be made available for this sector; the investment measures that will be supported; and if he will make a statement on the matter. [31658/14]

Amharc ar fhreagra

Freagraí scríofa

The new Rural Development Programme 2014-2020 (RDP) will be a key support in enhancing the competitiveness of the agri-food sector, achieving more sustainable management of natural resources and ensuring a more balanced development of rural areas. A draft RDP was submitted to the European Commission on July 3, 2014. The submitted draft will then form the basis for detailed discussions with the European Commission over the following months.

In relation to the poultry sector, the main areas for support in the RDP will include:

- significant support for on-farm capital investment under the Targeted Agricultural Modernisation Scheme II (TAMS II) scheme;

- knowledge transfer and innovation measures, aimed at underpinning farm viability, sustainability and growth through the adoption of best practice and innovative solutions, and

These schemes will support a range of key sectors within agriculture, and some will be of particular relevance to the poultry sector. TAMS II will entail financial support to a number of key areas within agriculture, including the poultry sector. Under TAMS II energy investments, water metres and medicine dispensers are envisaged for the poultry sector. Support for Knowledge Transfer Groups will also cover a number of sectors, including the poultry sector. These groups will cover issues such as financial/risk management, animal health and welfare, breed improvement, environmental protection, climate change and innovation and their operation will largely mirror existing templates already in operation in the beef and sheep sectors.

The poultry sector, amongst other sectors, may also avail of support under the Targeted Animal Health and Welfare Advisory Measure.

Agri-Environment Options Scheme Payments

Ceisteanna (562)

Michael Healy-Rae

Ceist:

562. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding the AEOS payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31664/14]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the Agri-Environment Options Scheme (AEOS 3) with effect from 1 May 2013.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Following this checking process on the application of the person named, the Tree Planting Whips action was found to be ineligible under the Terms and Conditions of the Scheme. Without this action the basic eligibility requirements had not been met and the application was terminated. A letter issued to the person named on 9 June 2014 setting out this decision and providing the option to submit an appeal. To date, there is no record on an appeal having been received by officials in my Department.

Prison Staff

Ceisteanna (563)

Dara Calleary

Ceist:

563. Deputy Dara Calleary asked the Minister for Justice and Equality if her attention has been drawn to a recruitment difficulty within the Irish Prison Service in relation to a post (details supplied); and when the investigation into the matter by the Commission for Public Service Appointments will be completed. [30785/14]

Amharc ar fhreagra

Freagraí scríofa

I am to inform the Deputy that the Irish Prison Service advertised an internal promotional competition for the post referred to by the Deputy in May 2013. Eleven of the applicants submitted complaints to the Commission for Public Service Appointments alleging beaches of their code of practice.

The Commission for Public Service Appointments conducted an investigation and a report of their findings was received by the Director General of the Irish Prison Service on 10 July 2014. The findings and recommendations are being considered by the Irish Prison Service and a response will be issued to the Commission shortly, as requested.

Garda Investigations

Ceisteanna (564, 565)

Clare Daly

Ceist:

564. Deputy Clare Daly asked the Minister for Justice and Equality the legal position regarding a complaint lodged by an individual (details supplied) in County Dublin in relation to allegations surrounding the Health Service Executive; and if for any Garda investigation to move it forward, it is correct that the HSE must cosign this complaint. [31450/14]

Amharc ar fhreagra

Clare Daly

Ceist:

565. Deputy Clare Daly asked the Minister for Justice and Equality the legal position regarding a complaint lodged by an individual (details supplied) in County Dublin in relation to allegations surrounding the Health Service Executive; and if for any Garda investigation to move it forward, it is correct that the HSE must cosign this complaint. [31451/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 564 and 565 together.

While the Deputy will appreciate that, as Minister, I do not have a role in the management of criminal investigations, I have referred the Deputy's query to the Garda authorities for any observations they are in a position to make on this matter.

Data Protection

Ceisteanna (566)

Eoghan Murphy

Ceist:

566. Deputy Eoghan Murphy asked the Minister for Justice and Equality if her attention has been drawn to any Government agencies that have direct access to the networks of telecommunications companies; the number of court orders that were obtained in the past three calendar years to directly access the calls and e-mails of citizens; her plans to introduce new legislation to protect the privacy of telecommunications and to ensure that Government agencies are only given access to such data on foot of a High Court warrant; and if Government agencies that are accessing the privacy of telecommunications without a court order are complying with Article 8 of the European Convention on Human Rights. [30665/14]

Amharc ar fhreagra

Freagraí scríofa

I want to assure the Deputy that there is no question of authorities within this State conducting mass surveillance of the population’s communications. There is clear and unambiguous legislation to regulate the lawful interception of phone calls and the obtaining of call related data. The legislation in question does not provide a basis for mass surveillance. It can only be used in very specific circumstances such as on grounds of national security or the detection and prevention of serious crime.

Access to call content is governed by the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and may only take place under Ministerial warrant following a request in writing which accords with the conditions set down in the Act.

Access to retained data is governed by the Communications (Retention of Data) Act 2011. Under the Act access may only be granted following a request by a senior member of An Garda Siochana, the Defence Forces or the Revenue Commissioners to the communications provider in connection with the prevention, detection, investigation or prosecution of a serious offence, the safeguarding of the security of the State or the saving of human life.

The operation of both Acts is subject to judicial oversight by a serving High Court judge who reports annually to the Taoiseach. There is also is a complaints procedure to a Complaints Referee which individuals can avail of if there is a concern that they have been the subject of an improper use of the legislation. The Complaints Referee is a serving judge of the Circuit Court.

There are lawful and legitimate reasons for law enforcement and other authorities to require access to certain data. Not least of these reasons is the need to protect our citizens from terrorist threats and serious criminality.

In doing so, however, it is necessary to ensure that the information used is properly obtained and subject to appropriate safeguards. The importance of protecting individual rights to privacy and ensuring respect for individual human rights contained in the European Convention on Human Rights is well recognised. The State also has robust data protection legislation to protect individuals from unwarranted access to personal data.

Property Services Regulatory Authority Remit

Ceisteanna (567, 573, 579)

Pearse Doherty

Ceist:

567. Deputy Pearse Doherty asked the Minister for Justice and Equality her views on whether the property price register is fit for purpose; the tests that are carried out to ensure its accuracy; and if she will make a statement on the matter. [30752/14]

Amharc ar fhreagra

Eoghan Murphy

Ceist:

573. Deputy Eoghan Murphy asked the Minister for Justice and Equality if she is concerned regarding reports of errors in the property price register; if these errors are fraudulent or accidental; and the way the errors are monitored, detected and corrected. [30978/14]

Amharc ar fhreagra

Stephen Donnelly

Ceist:

579. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality the number of errors in price details recorded on the residential property price register that have been corrected in the past 12 months; the number of notifications of errors in price details received by the Property Services Regulatory Authority during that period; if she is concerned at the level of errors in price details recorded on the residential property price register; if the Property Services Regulatory Authority has carried out any investigations into the cause of errors; if there are any plans to improve systems at the PRSA to reduce the level of errors; and if she will make a statement on the matter. [31058/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 567, 573 and 579 together.

The Residential Property Price Register, available at www.propertypriceregister.ie, is produced by the Property Services Regulatory Authority in accordance with the provisions of Section 86 of the Property Services (Regulation) Act 2011. Section 86 explicitly provides that the Register shall contain the address of the property, the price at which the property was sold and the date of sale of the property.

The Register contains information on residential properties purchased in Ireland since 1 January 2010, as declared to the Revenue Commissioners for stamp duty purposes. It contains the price paid for individual properties and contains details of all residential sales - both cash sales and sales with mortgages. These stamp duty declarations are primarily filed electronically by persons doing the conveyancing of the property on behalf of the purchaser and errors may occur when the declaration is being made. Any errors in the data are errors made by those making the declaration. In this context, it should be noted that there are a range of penalties which the Revenue Commissioners may impose in circumstances where incorrect stamp duty returns are made to them.

As stated, the information on which the Register is based, is provided to the Revenue Commissioners for stamp duty purposes. Consequently, only the Revenue Commissioners are in a position to verify and, where necessary, amend the data in question. The Property Services Regulatory Authority is not in a position to do so. I am advised that on being informed of any apparent inaccuracy in the data in the Register, the Authority immediately informs the Revenue Commissioners and requests that they take whatever remedial action, if any, they deem necessary. The Revenue Commissioners provide data to the Authority weekly in order to maintain the Register up to date and any amendments which they deem necessary are included in the weekly updates. The type of errors reported: include inaccurate prices - generally explained by the fact that prices of new properties in the Register are VAT-exempt; total price of block sales given rather than the individual unit prices; and inaccurate spelling of addresses.

The Property Services Regulatory Authority has indicated that currently there are a total of 107,579 residential properties on the Register and to date there have been more than 3.3 million visits to the Register by members of the public. The current level of traffic is over 30,000 visits every week. I understand that in the period January 2013 to June 2014 a total of 340 alleged errors were reported to the Authority by members of the public and all of these were referred to the Revenue Commissioners for investigation and any appropriate follow up. I am advised that some 83 of the records concerned have been subsequently amended by the Revenue Commissioners.

Given the number of entries on the Register, the high number of visits to the website by members of the public and the very low level of reported errors (0.3%), I am assured that the Register gives a full and accurate picture of residential property prices in Ireland since 1 January 2010.

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