Written Answers Nos 277-291
277. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the criteria being considered for water vulnerable areas under the new GLAS scheme; and if he will make a statement on the matter. [3855/15]
Amharc ar fhreagraGLAS is an agri-environment measure under the proposed Rural Development Programme and as such aims to deliver overarching benefits in terms of the rural environment and address issues of climate change mitigation, water quality and the preservation of habitats and species. It is designed to specifically target environmental priorities, but it also has provision for farmers with no such priorities, but who are committed to carrying out general environmental actions on their holdings. Access to the scheme is therefore by means of three Tiers, which will allow the most pressing environmental priorities to be addressed in order of importance, but also provides for a broad approach to delivering environmental benefits across all farming systems.
Those applicants with Priority Environmental Assets or who choose Priority Environmental Actions compatible with a more intensive farming system will get first access to the Scheme under Tier 1. Under Tier 2 farmers who do not have Priority Environmental Assets or Priority Environmental Actions, but whose lands include a Vulnerable Water Area, may apply for access to the scheme and will be given priority. In such cases, the appropriate actions relevant to Vulnerable Water Areas must be selected.
These Vulnerable Water Sites have been identified using the EPA dataset for Low Status Water Sites intersected with the EPA Soils and Subsoils dataset. Those LPIS parcels which are within 15metres of a Low Status Water River Site and where the soil type is wet are eligible for carrying out a Vulnerable Water Site Action and will be identified on the on-line GLAS application system.
278. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will provide details of TAMS; if he will ensure that the scheme is implemented at an early date; and if he will make a statement on the matter. [3858/15]
Amharc ar fhreagraThe Rural Development Programme for the 2014-2020 period was submitted to the EU Commission for approval in July 2014. The following investments have been identified as priority areas which will be targeted in the TAMS scheme :- (i) dairy equipment, (ii) low emission spreading equipment, (iii) animal welfare and farm safety (specifically beef and sheep handling facilities) farm nutrient storage and animal housing, (iv) pig and poultry investments in energy, water meters and medicine dispensers, (v) organic capital investment, and (vi) a young farmer capital investment scheme.
The new schemes can only be opened when EU Commission approval for the Programme has been received. That process is well underway but it is not possible at this stage to fix definitive dates for their introduction.
279. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will provide details of the areas of natural constraint; when this will be implemented; and if he will make a statement on the matter. [3860/15]
Amharc ar fhreagraAgreement was reached during the reform of the CAP on the introduction of the Areas of Natural Constraint (ANC) Scheme, which will replace the Disadvantaged Areas Scheme. The ANC Scheme forms part of the 2014 to 2020 Rural Development Programme, which is currently under discussion with the EU Commission. The proposal is that the existing requirements under the Disadvantaged Areas Scheme will remain in place until the areas of natural constraint are delineated using soil and climatic criteria of which the following are relevant to Ireland:
- Soil, including Drainage, Texture & Stoniness, Rooting Depth;
- Soil & Climate, including Soil Moisture Balance;
- Terrain, including Slope.
An area (administrative unit) would be delineated as an Area of Natural Constraint, when it meets the proposed threshold set for one of the above criteria only. The Commission are suggesting the delineation be carried out a LAU2 level – District Electoral Division (DED) in Ireland’s case. To qualify under the new system, an area will need to show that at least two-thirds of its utilised agricultural land meets at least one of these criteria.
The resultant Areas of Natural Constraint would be subject to a fine-tuning process. These, so called, Second Stage Criteria are designed to remove areas which, although they meet the biophysical criteria, are deemed to have overcome the natural disadvantage and, therefore, should not benefit under the Scheme.
Following the finalisation of the Teagasc innovative Irish Soil Information System, which was designed to complete the national soil survey, it is now necessary to commence the comprehensive delineation of such areas in Ireland. My Department is commencing work on the initial stages of this process, which is likely to take some time before it is fully completed. As part of the agreement reached Member States must implement the new regime by 2018 at the latest.
280. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine if he will provide a mechanism for young trained farmers who were established prior to 2010 and who could not avail of installation aid to access the new national reserve scheme and the young farmers scheme; and if he will make a statement on the matter. [3861/15]
Amharc ar fhreagraIn accordance with relevant EU Regulations, priority under the National Reserve will be given to farmers meeting the definition of Young Farmer and New Entrant in the first instance. The Regulations also include an optional provision whereby Member States may use the National Reserve to allocate new entitlements or give a top-up on the value of existing entitlements for persons who suffer from a ‘Specific Disadvantage’. The application of this optional use of the Reserve for non-priority categories will be dependent on the availability of funds within the National Reserve once the two priority categories have been allocated.
My Department is aware of the particular category of farmer referred to by the Deputy. In this regard, my Department is engaging with the EU Commission to examine the possibility of including this category of farmer under the “Specific Disadvantage” provision.
281. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will provide details of the beef data genomics scheme; if he will ensure that the new scheme is implemented at an early date; and if he will make a statement on the matter. [3862/15]
Amharc ar fhreagraIn last year’s budget, I announced a package of approximately €74 million for the beef sector in 2015, including a provision of €52 million for a proposed Beef Data and Genomics Programme (BDGP) which will place Ireland at the leading edge globally in the use of genomics in beef production. I have since proposed to increase the amount of money available to farmers within the scheme to €100 a head on the first ten animals. Further animals in the herd will be paid €80 per head.
The proposed BDGP will deliver an accelerated improvement in the environmental sustainability of the beef herd via the application of genomics technology. This will help farmers to manage their enterprises sustainably, cognisant of Ireland’s climate change commitments, and will improve the quality of the national suckler herd. It will also cement our place as one of the most advanced, export focussed beef producing nations in the world.
Subject to the approval of the Rural Development Programme by the EU Commission, farmers will be paid for work carried out in a range of areas related to data recording and animal breeding policies. The actions being considered for the Programme include recording a range of data related to performance criteria and animal events, taking tissue (DNA) samples from selected animals and sending for laboratory testing, completing an on-farm Carbon Navigator, and selecting high quality replacement bulls and heifers over the 6 years of the BDGP contract.
All Rural Development Plans submitted to the European Commission are subject to Commission approval, following a detailed period of analysis and discussion. The Commission has provided observations on the BDGP and my Department has been engaged in intensive discussions to address issues raised and to provide the necessary clarifications. The scheme will be rolled out without delay following approval.
282. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine his views on revisiting his recent proposal for the application to the national reserve for young farmers because the five year rule excludes those young farmers who missed out on installation aid in 2007-08. [3870/15]
Amharc ar fhreagraIn accordance with relevant EU Regulations, priority under the National Reserve will be given to farmers meeting the definition of Young Farmer and New Entrant in the first instance. The Regulations also include an optional provision whereby Member States may use the National Reserve to allocate new entitlements or give a top-up on the value of existing entitlements for persons who suffer from a ‘Specific Disadvantage’. The application of this optional use of the Reserve for non-priority categories will be dependent on the availability of funds within the National Reserve once the two priority categories have been allocated.
My Department is aware of the particular category of farmer referred to by the Deputy. In this regard, my Department is engaging with the EU Commission to examine the possibility of including this category of farmer under the “Specific Disadvantage” provision.
283. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment of an agri-environment option scheme will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [3874/15]
Amharc ar fhreagraThe person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS 2) with effect from 1 September 2011 and payments have issued in respect of the 2011, 2012 and 2013 Scheme years. 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 the 2014 Scheme year and payment will issue shortly.
284. Deputy Seán Ó Fearghaíl asked the Minister for Defence further to Parliamentary Question No. 1 of 14 January 2015 and his statement that medical assessment of Defence Forces personnel forms part of the training regime and that Defence Forces personnel, who are fit, strong, healthy young men and women, are still obliged to see GPs to ensure they meet the standards expected of them; the number of times on average per annum that a member of Defence Forces is referred to a general medical practitioner on this basis; and if he will make a statement on the matter. [3470/15]
Amharc ar fhreagraThe provision of medical services within the Defence Forces is a combination of primary care and an occupational medical service designed to ensure that Defence Forces personnel are medically fit to undertake the duties assigned to them and to treat any medical conditions arising which would inhibit their capacity to undertake such duties . Occupational medicine focuses on a combination of preventative medicine, health promotion, medical supervision and medical assessment. Such medical oversight is necessary in order to maintain a Force that is operationally ready for the tasks assigned by Government.
The Defence Forces Medical Corps is responsible for the delivery of medical services to Defence Forces personnel. The Medical Corps, in addition to the administrative staff of the Central Medical Unit, comprises Medical Officers ( i.e. qualified medical doctors , dentists and pharmacists ) and other medical professionals who provide the services, augmented by contracted doctors, dentists, and other specialised medical professionals engaged to provid e medical services to the Defence Forces.
In relation to primary care, a key element of the medical services provided to the Defence Forces is the daily surgery, referred to as “sick parade”. In an ideal world sick parades would be delivered by Defence Forces Medical Officers only. However, due to a shortage of Medical Officers within the Defence Forces in recent years sick parades are delivered by a mix of Defence Forces Medical Officers and civilian doctors engaged on a contract for services basis.
Additionally, in circumstances where a member of the Defence Forces requires the services of a GP after hours and he or she does not live in the vicinity of a Military Medical Facility, they may attend a local GP. Similarly, if a soldier is injured on a training exercise and requires immediate medical assistance, they can be sent to a local GP or hospital if necessary.
In relation to the occupational medical service, all members of the Permanent Defence Force are required to undergo a mandatory medical examination at least once in every twelve month period. Currently all annual medical assessments are carried out by Defence Forces Medical Officers . However again due to the difficulty experienced in recruiting doctors to the Defence Forces there was a need to identify alternative options for the provision of this medical service. In this context, a Request for Tender for the provision of Occupational Medical Examinations for military personnel issued in late 2014. It is anticipated that a contract to conduct these examinations will be awarded shortly. This contract is for the provision of 1,200 occupational medical examinations. This contract is not to replace the work of the Defence Forces Medical Corps, rather it is intended that it will supplement its work in this area.
It can be seen from the above that there are a number of different scenarios where a member of the Defence Forces may need to attend a general medical practitioner (be it a Defence Forces Medical Officer or a civilian doctor).
I have been advised by the Military Authorities that it is not possible to extract from the Medical Module of the Personnel Management System (PMS) the number of times per annum that a member of the Defence Forces is referred to a general medical practitioner. Therefore, there is no way of providing this information without examining every medical record of every member.
I am also advised that further development of the PMS or implementation of a new IT system is required to enable this level of data to be recorded. I understand that work on scoping such a future medical information system has been initiated recently.
285. Deputy John McGuinness asked the Minister for Justice and Equality if she will fund or part-fund community alert groups to cover their increased costs and in particular the costs of text messaging, in view of the value of the groups to local gardaí and the necessary work they are undertaking; and if she will make a statement on the matter. [3684/15]
Amharc ar fhreagraCommunity Alert groups are key partners in relation to the Garda Text Alert Scheme, which was launched in September 2013 and was piloted initially in a number of locations in cooperation with Muintir na Tíre, Neighbourhood Watch, the Irish Farmers Association and related stakeholders. It provides a further mechanism for Gardaí to provide crime prevention information to community contacts who in turn forward the information to all members of a community group. This initiative has developed as an important crime prevention mechanism with over 500 local groups involving in excess of 100,000 subscribers and with an estimated 200,000 text messages sent each month under the scheme. I am informed that every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána have published guidelines to assist in the establishment and operation of local groups.
For 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 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 the national service, including regional Development Officers. 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.
More generally, I am advised that the Department of the Environment, Community and Local Government supports the Community and Voluntary Sector through a suite of schemes with a particular focus on supporting communities that are vulnerable, disadvantaged or under threat. A community organisation may qualify for inclusion under one or more of these schemes, should it meet the terms and conditions of a particular scheme managed by the Department. Further details are available on the Department's website at www.environ.ie
286. Deputy Róisín Shortall asked the Minister for Justice and Equality the reason she is not implementing the full recommendations (details supplied) of Judge Quirke's report in respect of the Magdalene scheme as originally promised; and if she will make a statement on the matter. [3815/15]
Amharc ar fhreagraThe Government is committed to full implementation of the Quirke Report.
Significant progress has been made on the implementation of the Magdalen Scheme. To date, a decision has been made on 87% of the applications received and 498 applicants have received their lump sum at a cost of over €18m.
Judge Quirke recommended that the women should have access to an enhanced medical card. He also specifically recommended that legislation be introduced to give effect to this recommendation.
As the Deputy will be aware, I am bringing forward the Bill (the Redress for Women Resident in Certain Institutions Bill 2014) later this week for consideration by the Dáil and I hope, with the cooperation of the Oireachtas, that the Bill will be enacted very promptly.
This Bill makes special provision for free access to health services for women who worked in the 12 specified institutions.
The women are already covered by section 21 (appointment of a care representative) under the Nursing Homes Support Scheme Act 2009. Judge Quirke recommended provision for a mechanism whereby a person can be appointed to act in the best interests of a woman who receives an ex-gratia payment under the scheme where she lacks capacity. This is being done through the Assisted Decision Making (Capacity) Bill, currently awaiting Committee Stage in the Dail.
Judge Quirke’s recommendation regarding top up pension type payments is being fully implemented. This recommendation proposes that eligible women should in addition and without regard to the "lump" sum payments receive weekly payments of €100 if under 66 and the equivalent of the State Contributory pension - €230.30 - if over 66 for the remainder of their lives. These payments are to be calculated net of other State benefits.
The Department of Social Protection have set up a separate scheme to give effect to this recommendation and they are continuing to process payments on a phased basis.
The Government decided that the commencement date for the Scheme was 1 August 2013 so therefore, regardless of when an applicant makes an application, if eligible for the scheme, will have appropriate payments backdated to 1 August 2013.
The only issue of back dating mentioned by Judge Quirke is in his 7th Recommendation in which he states, "Where a written “expression of interest” (or other written application for inclusion within the proposed Scheme) has been provided to the State by or on behalf of a Magdalen woman who was alive on or after the 19th of February 2013 then that woman will be eligible for consideration to be included within the Scheme. Additional income ex gratia payments (payable to women entitled to payments in excess of €50,000) will not accrue to the benefit of the estate of any Magdalen woman.”
287. Deputy Brendan Griffin asked the Minister for Justice and Equality his views on a matter (details supplied) regarding children's legal rights; and if she will make a statement on the matter. [3327/15]
Amharc ar fhreagraI refer to my responses to Parliamentary Questions Nos. 352 of 16 December 2014 and 1,355 of 14 January 2015. As I indicated in those responses, the reason that the General Scheme requires the assisted reproduction treatment to be carried out in a clinical setting is because there is very clear case-law on the situation of a donor father where the treatment takes place outside a clinical setting to the effect that he has all the rights of a father to apply for guardianship and access. The requirement for the treatment to be carried out in a clinical setting will enable the respective rights of a child, a birth mother, a father or second female parent and any donor to be safeguarded as clear procedures can be put in place regarding the consent of the parties to the treatment.
As I also pointed out in that response, there are other provisions in the General Scheme which would enable a couple who have had a child through non-clinical assisted reproduction both to have a legal relationship with the child.
288. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed to extend residency to naturalisation in the case of a person (details supplied) in County Kildare who is married to an Irish national; and if she will make a statement on the matter. [3331/15]
Amharc ar fhreagraI am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the situation remains as set out in my reply to the Deputy's Parliamentary Question of 10 July 2014 in relation to the person concerned. To-date, the person concerned has still not submitted a valid Australian national passport to allow for their application for residency in the State, arising from marriage to an Irish national, to be finalised to conclusion. The person concerned has provided no evidence to INIS explaining why attempts to secure their Australian passport has failed to yield a result to-date.
INIS advises me that the person concerned was written to again on 22 January 2015 requesting that they provide a valid national passport in support of their application for residency arising from their marriage.
Detailed information surrounding any possible entitlement to Irish Citizenship through the naturalisation process in respect of the person concerned which differs to that of an application for residency can be obtained from the INIS website at "www.inis.gov.ie". It remains open to the person concerned to make an application for Irish Citizenship under the naturalisation process should they consider that they meet the requirements for same.
Queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited .
289. Deputy Dessie Ellis asked the Minister for Justice and Equality her views on the possibility of legislation for harsher penalties for persons who issue threats specifically to public servants and local authority employees while they are carrying out their duties. [3383/15]
Amharc ar fhreagraIt is not clear from the Deputy's question what the nature or purpose of the threats to which he refers are.
There are already a number of provisions in the Non-Fatal Offences Against the Person Act, 1997, which address the question of threats of violence and in serious cases they can attract penalties up to 10 years imprisonment. There are also relevant provisions in the Criminal Justice (Public Order) Act, 1994, as amended, and in the Offences Against the State Act, 1939.
Special provision has been made in respect of certain public servants such as members of the Garda Síochána, the Defence Forces and the fire brigade, prison officers, persons providing medical services at or in a hospital and ambulance personnel because the nature of their work is such that they are at greater risk of being subjected to violence.
I have not seen any evidence that the existing provisions are inadequate or that providing for harsher penalties for threats against public servants and local authority employees is justified or will in fact affect the behaviour of those making such threats.
290. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the reason a person (details supplied) a Somalian national was deported to Tanzania; and if she will make a statement on the matter. [3416/15]
Amharc ar fhreagra291. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she has sought an explanation from the Tanzanian Government following the death of a person (details supplied); and if she has contacted the family of the deceased to apologise on behalf of the State; the steps she has taken to ensure a similar incident will not take place again; and if she will make a statement on the matter. [3417/15]
Amharc ar fhreagraI propose to take Questions Nos. 290 and 291 together.
In enforcing the law in respect of deportations, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory. Ireland, like other EU member states, uses deportation of illegal immigrants and failed asylum seekers as the policy of last resort. The process leading to a deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders. It should also be noted that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law.
Deportations take place within the provisions of the Immigration Act, 1999, as amended, and after each case has been fully considered with regard to the eleven considerations contained in Section 3 (6) of that Act and Section 5 Prohibition of refoulement) of the Refugee Act, 1996.
The safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources in evaluating the safety of making returns to third countries, including Tanzania.
Each asylum application is considered on the basis of the facts, individual circumstances and merits of the case presented and a final decision is reached following a comprehensive examination and investigation of these facts, merits and circumstances taking full account of the political and human rights conditions prevailing in the Country and the latest reports of the United Nations High Commission for Refugees.
The enforcement of a Deportation Order is an operational matter for the Garda National Immigration Bureau. In general, removals are either carried out using commercial flights which usually involves transit through other European airports as Ireland does not have direct flights to most of the countries of return.
It would be inappropriate of me to comment on individual cases. However, I can say that, as outlined above, the facts of each case are considered including all information available regarding the country of origin of the applicant, before a final decision regarding deportation is made. In the case in question the allegations that have been made continue to be treated with the utmost seriousness. In that respect my officials are making every reasonable effort to establish the true facts of the alleged incident. This includes contact with relevant organisations as well as utilising the services of the Irish embassy in the city in question.
