Written Answers Nos. 35-43
35. Deputy Clare Daly asked the Minister for Justice and Equality in view of the controversies surrounding the relationship between GSOC and the Gardaí, and the fact that the outgoing Chairman of GSOC was directly overseeing a number of important cases with very serious implications for senior Gardaí, if she will confirm that these issues are unconnected with their decision to resign and that she has met them and discussed this matter. [1364/15]
Amharc ar fhreagraI was informed by Mr Simon O'Brien, Chairman of the Garda Síochána Ombudsman Commission (GSOC), that he intends to resign his position with effect from 30 January, 2015. Mr O’Brien has clearly indicated that his resignation arises as a result of his success in securing the position of Chief Executive of the Pensions Ombudsman Service in the UK, and he is due to take up that position on 2 February 2015.
Mr O'Brien made an important contribution to his role as Chairperson of GSOC as well as his previous role as Deputy to the Chief Inspector in the Garda Inspectorate, and I wish him all the best in his endeavours in his new career. My Department has been assured by GSOC that no ongoing investigations will be adversely affected by his resignation. I am not privy to the reasons why Gardaí might decide to resign, or to retire (for example, as the Deputy is aware, members are eligible to leave An Garda Síochána on full pension if they have 30 years service and have reached the age of 50 years, and many avail of that opportunity).
With regard to the vacancy arising on foot of Mr O’Brien’s resignation, the appointment of members of Ombudsman Commission is governed by s.65 of the Garda Síochána Act 2005. This stipulates that the Commission consists of 3 members, all of whom are to be appointed by the President on the nomination of the Government following resolutions by both Houses recommending the appointment. The Act requires that the Government must be satisfied that persons nominated have the appropriate experience, qualifications, training or expertise for appointment having regard to the functions of the Commission.
The Government will now, in accordance with the 2005 Act, consider the question of a nomination for the position of Chairperson of GSOC.
36. Deputy Brendan Smith asked the Minister for Justice and Equality the position regarding the proposals to provide new accommodation for Bailieborough Garda district headquarters, County Cavan; the stage of this particular project; when the project is expected to proceed to the next stage; when construction is likely to commence; the estimated cost of this building project; if financial provision is made in her Department's Estimate for 2015 to enable construction to commence; and if she will make a statement on the matter. [1390/15]
Amharc ar fhreagraI have set out the position with regard to the acquisition of a site for development of a new District Headquarters in Bailieborough in my answer to the Deputy's question of today's date (No. 18).
I am further advised that while the long term solution to the accommodation needs at Bailieborough are being progressed, Garda management is actively engaged with the OPW to improve, in the more immediate term, the working conditions at the existing station at Bailieborough and awaits proposals from the OPW in order to develop the matter further.
37. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will provide an update on her Department's efforts and the Garda Síochána's efforts to combat the theft of scrap and precious metal; and if she will make a statement on the matter. [1276/15]
Amharc ar fhreagraAs the Deputy will be aware, An Garda Síochána has in place a Metal Theft Crime Prevention and Reduction Plan, which was developed in close cooperation with the stakeholders who participated in a metal theft forum established by An Garda Síochána. The forum includes stakeholders particularly affected by this type of crime, including the Irish Farmers' Association, the Irish Creamery Milk Suppliers association, the Electricity Supply Board, telecoms, transport companies, brewing concerns and the Department of the Environment, Community and Local Government.
The metal theft plan is designed to provide for an effective and multi-agency response to the incidence of metal theft. In line with the framework set out in the plan, An Garda Síochána is implementing a range of initiatives to tackle those involved in this form of criminality. This includes relevant actions under Operation Fiacla which is targeting in particular mobile gangs involved in burglary and other property crime, including metal theft. Operation Fiacla adopts a focused, targeted and coordinated approach to investigating mobile and organised criminal groups throughout the jurisdiction. It is primarily an intelligence led operation with local, regional and national units all playing a key role. The operation has had many successes in terms of disrupting those involved in this type of criminality and, as of 31 December 2014, has led to the arrest of 11,688 persons with charges being brought against 6,711 persons.
With regard to the theft and sale of precious metals, and concerns in relation to 'cash for gold' outlets, I have been informed by the Garda authorities that An Garda Síochána investigates all reports where persons suspected of being involved in burglaries may be using cash for gold outlets to liquidate stolen property. Where relevant issues are highlighted, investigations are conducted to target any criminality.
I can also inform the Deputy that I am committed to examining the best approach to regulation in the area of cash for gold business providers, having regard to the potentially significant impact on legitimate businesses. It is important to recognise that any legislation in this area would have a potentially significant impact on a broad range of businesses. There are a large number of legitimate businesses such as jewellers, antique dealers etc., as well as ‘cash for gold’ outlets that would be impacted upon. As the regulatory and resource burden of any proposed measure will have to be carefully examined to ensure that it is proportionate to the matter being addressed I have asked officials in my Department to carry out a Regulatory Impact Assessment (RIA) which will facilitate a process of consultation with groups likely to be affected. The current position is that my Department is finalising a RIA which will comprise a detailed and systematic appraisal of the potential impacts of any proposed regulation in order to assess whether the regulation is likely to achieve the desired objectives and the potential costs that will arise. It is my intention to publish this RIA for consultation in the near future.
38. Deputy Paul Murphy asked the Minister for Justice and Equality if she will report on changes made by her Department to the granting of citizenship to children born here whose non-EEA-Swiss parents do not meet residency requirements, as highlighted by an Ombudsman's investigative report in 2014; her views on the Ombudsman's remit to be extended to include the naturalisation and immigration sections of her Department; and her further views on a change to the law to grant citizenship to all persons born here. [1405/15]
Amharc ar fhreagraAs the Deputy will be aware, entitlement to Irish citizenship is governed by the Irish Nationality and Citizenship Act 1956, as amended. Where sections 6A and 6B of that Act apply, a child born in the island of Ireland on or after 1 January 2005 has an entitlement to Irish citizenship if, at the time of the birth of the child, one of his or her parents had, during the period of 4 years immediately preceding the person's birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years.
Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence.
Entitlement of a child born in the State to Irish citizenship is determined by making an application for an Irish passport on behalf of the child to the Passport Office. However, entitlement to Irish citizenship under Section 6(3) is determined by the Citizenship Division of the Irish Naturalisation and Immigration Service, as is the entitlement to Irish citizenship of children born in Northern Ireland to certain foreign nationals. Children of Non-EEA/Swiss parents who do not meet the residency requirements, do not have an entitlement to Irish citizenship. However, in this case, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years residence in the State. This ensures that, even where a child born in the State did not have an entitlement to Irish citizenship, there is a path to obtaining Irish citizenship through naturalisation.
In addition, a certificate of nationality can be issued to a person as evidence that they were, as of the date of issue, an Irish citizen. The cases in question were referred to the Citizenship Division for consideration in respect of children born in the State. I can inform the Deputy that a formal liaison arrangement between the Department of Justice and Equality and the Department of Foreign Affairs and Trade, which was agreed last year and has been put in place, provides a mechanism for dealing with exceptional cases as well as ongoing consultation in relation to citizenship and passport matters in general.
As indicated in the Ombudsman's Report, my Department is working with the Department of Jobs, Enterprise and Innovation to evaluate the potential for streamlining the system dealing with the employment and immigration status of non-EEA workers where currently two entirely separate application processes are required. This evaluation is ongoing.
The question of extending the remit of the Ombudsman is in the first instance a matter for the Minister for Public Expenditure and Reform and that remit was significantly extended under the Ombudsman (Amendment) Act 2012. However, after careful consideration of all the issues involved, it was determined that the administration of the law relating to immigration or naturalisation, should not be within the scope of the Ombudsman. Part of the consideration was the fact that there are already a significant number of appeal processes built into the system including Judicial Reviews. That said, the matter will be kept under review. I should also add that the Irish Naturalisation and Immigration Service (INIS) has administrative arrangements in place with the Ombudsman's Office to assist and provide information and help resolve any matters brought to its attention.
The present provisions governing Jus Soli entitlement to Irish citizenship were enacted following the Twenty-Seventh Amendment of the Constitution inserting Article 9.2, which provides that a person born in the island of Ireland, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless provided for by law. The change proposed by the Deputy would render Article 9.2 of the constitution moot and I have no plans to amend the legislation in this way.
39. Deputy Colm Keaveney asked the Tánaiste and Minister for Social Protection the position regarding the result of interviews with 14 meter readers throughout Ireland by officials from the Revenue Commissioners and the Department of Social Protection; the reason members of the Association of Meter Readers have received no update or result of these interviews; the reason, despite numerous requests and a High Court ruling, it has taken more than three years to respond to individual meter readers or to the Association of Meter Readers; and if she will make a statement on the matter. [1900/15]
Amharc ar fhreagra41. Deputy Colm Keaveney asked the Tánaiste and Minister for Social Protection the position regarding the result of interviews with 14 meter readers throughout Ireland by officials from her Department and the Revenue Commissioners; the reason members of the Association of Meter Readers have received no update or result of these interviews; the reason that despite numerous requests and a High Court ruling, it has taken more than three years to respond to individual meter readers or to the Association of Meter Readers; and if she will make a statement on the matter. [1899/15]
Amharc ar fhreagraI propose to take Questions Nos. 39 and 41 together.
These cases are the subject of ongoing investigation in the Department. It would not be appropriate for me to comment on the likely outcome of these investigations at this stage.
40. Deputy Sean Fleming asked the Tánaiste and Minister for Social Protection her views on the sustainability of the social insurance fund; and if she will make a statement on the matter. [1953/15]
Amharc ar fhreagraSocial insurance contributions (PRSI) are paid into the Social Insurance Fund (SIF) which finances a broad range of benefits. The social insurance system is mandatory and insures nearly all workers and the self-employed for a range of contingencies such as old age, ill health, maternity and unemployment. The range of contingencies covered is dependent on the Class of PRSI paid.
Social insurance spending has traditionally been funded on a tripartite basis – with contributions coming from the Exchequer, employers and employees. Legally, the Exchequer is the residual financier of the Social Insurance Fund (SIF) and Exchequer contributions were the norm for over 40 years. The Revised Estimates for 2014 provided for a subvention of €690 million from voted expenditure to fund the deficit on the SIF with the Revised Estimates provision in 2015 being €180 million, a reduction of over half a billion euro.
One of my key priorities as Minister for Social Protection is to put the Social Insurance Fund on a sustainable footing. A core principle of sustainable social protection systems in advanced economies is that citizens receive benefits in proportion to their contributions.
The structural PRSI measures implemented in recent Budgets will have a positive and long-term impact on the funding of the SIF. These measures include increases in rates of contribution, the abolition of ceilings for charging PRSI, the abolition of relief from PRSI previously applied to employee pension contributions, the abolition of the PRSI-free allowance as well as the broadening of the base on which PRSI is charged through the abolition of exemptions. These revenue raising measures were accompanied by expenditure reducing measures including stricter contribution conditions for entitlement, reductions in duration of entitlement, removal of entitlement to concurrent social insurance payments, increases in pension age as well as major reductions in entitlements under the treatment benefits and redundancy payments schemes. As I have already indicated the 2015 Revised Estimate provides for the Exchequer Subvention to fall to €180 million in 2015.
The sustainability of the Social Insurance Fund is driven by:
i. Social Insurance Fund Income from PRSI receipts;
ii. Expenditure on SIF schemes – the main variables being demographic pressures relating to pensions and the Live Register.
Social Insurance Fund income peaked at over €8.1 billion in 2008. It fell to €6.7 billion by 2010. The 2015 Budget Estimate forecast that it will be €8.2 billion this year, exceeding the pre-crash value for the first time.
Arising from demographic pressures, expenditure on pensions is increasing by €200 million each year. The Live Register rose from an average of 162,000 in 2007 to over 440,000 in 2010 and 2011. It has since fallen each year and is expected to average below 390,000 in 2014.
The Actuarial Review of the Social Insurance Fund as at 31 December, 2010, highlighted the growing deficit in the Fund and the prospect that it will, in the absence of measures to address the deficit, accelerate further in the future, driven primarily by pension costs. It is estimated that almost €1 billion additional provision will be required over the next 5 years to fund increases in the numbers of recipients of the State pension (contributory) scheme.
Based on macro-economic forecasts provided by the Department of Finance, it is expected that Social Insurance Fund income will continue to rise over the period 2016 to 2018 by an amount greater than the requirement for additional pension expenditure.
