Written Answers Nos. 108-116
108. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine his Department's definition of minimum activity on marginal land under the Common Agricultural Policy 2014-2020 and the Rural Development Programme 2014-2020; if the European Union Commission has approved this definition; and if he will make a statement on the matter. [15099/15]
Amharc ar fhreagraUnder the provisions of the Basic Payment Scheme, farmers need to declare an eligible hectare for each payment entitlement held in order to benefit from payment. The hectares declared must be eligible and must have an agricultural activity carried out on them. The situation in Ireland has not changed since the Single Payment Scheme was replaced by the Basic Payment Scheme at the beginning of 2015. Eligible lands include those lands with herbaceous grasses and other grazable vegetation. I am, however, pursuing options that may assist farmers, who have marginal lands, in particular those that have designated land, in meeting the requirements of the Direct Payment regulations. My Department officials are in direct contact with the EU Commission with the intention of pursuing all possible options and bringing the matter to an early conclusion, which, including other matters will cover the three issues raised.
109. Deputy Mary Lou McDonald asked the Minister for Defence the reason the upper age limit for entry into the Defence Forces is 25 years; the way this compares to the practice in other European Union and Organisation for Economic Co-operation and Development countries; and if he will review the age limit and consider raising it to 30 years of age. [14993/15]
Amharc ar fhreagraThe 2000 White Paper on Defence and the earlier Defence Forces Review Implementation Plan both identified the requirement to address the age profile in the Defence Forces. A key element in military life is the need for personnel to maintain a level of fitness for combat readiness. This requirement must be balanced with the need to retain experience and expertise, particularly at managerial level in the Defence Forces.
The upper age limit for enlistment in the Army and Air Corps is under 25 years of age on the closing date for receipt of applications for enlistment, and for the Naval Service it is under 27 years of age on the closing date for receipt of applications for enlistment. The upper age limit for all Cadetships is under 28 years of age on the closing date for receipt of applications. These limits are determined on the basis that the essential functions of the Permanent Defence Force requires that its members be composed of able-bodied personnel of an age which is commensurate with the functional requirements of the organisation as a whole.
The Military Authorities have advised that these upper age limits have proven suitable for the requirem ents for a modern Defence Force which is actively involved in operations at home and on Peace Support Operations overseas. Other countries pursue a Defence policy that reflects their particular requirements and structure their Defence Forces accordingly. Some forces also operate different age profiles depending on particular roles involved.
I am satisfied that the existing upper age requirements for recruitment to the Permanent Defence Force are appropriate and I do not propose to comment on the recruitment policies of other States who may operate different requirements.
110. Deputy Derek Keating asked the Minister for Defence in view of the fact that a large number of members of the Defence Forces served during the emergencies that were declared as a result of the period here known as the Troubles, maintaining peace in this State, one of whom made the ultimate sacrifice, if consideration will be given to awarding a service medal to those who gave service to the State and who were directly involved in the support of the civil power during that time, from 1968 to 1998; and if he will make a statement on the matter. [15007/15]
Amharc ar fhreagraThere are currently two medals, under the provisions of Defence Force Regulations A.9 (New Series) – Dress and Medals, that mark the service of personnel with either the Permanent Defence Force or the Reserve Defence Force. The medal known as “The Service Medal” may be awarded to an officer, non-commissioned officer or private of the Permanent Defence Force, or a member of the Army Nursing or Chaplaincy Services who possess the qualifying criteria for the award. The qualifying service for officers and members of the Chaplaincy Service and Army Nursing Service is 5,475 days satisfactory and continuous service. The qualifying service for NCOs and Privates is 3,650 days satisfactory and continuous service. “The Service Medal (Reserve Defence Force)” (formerly known as The Service Medal FCA and An Slua Muirí) was introduced in 1961 for members and former members of the Reserve and is awarded after 7 years of service.
The award of either of these medals to qualifying personnel reflects the service given by those personnel to either the Permanent Defence Force or the Reserve Defence Force as the case may be, and by extension the wider public, during the periods for which they served. While acknowledging the significant role of all Defence Forces personnel to the security of the State throughout the period of The Troubles, I am satisfied that these medals meet the need of marking service of personnel with either the Permanent Defence Force or the Reserve Defence Force as the case may be, and I have no plans to introduce additional medals in this regard.
111. Deputy Sean Fleming asked the Minister for Justice and Equality the grades and number of persons that came to her Department for approval from the Legal Aid Board and that she has approved for recruitment since 1 January 2014; the positions she refused to approve as part of this process; and if she will make a statement on the matter. [15020/15]
Amharc ar fhreagra114. Deputy Sean Fleming asked the Minister for Justice and Equality the number and grades of staff that have been approved for employment in the Legal Aid Board since 1 January 2014; the number of these who are providing front-line services, are managers and-or administrators; and if she will make a statement on the matter. [15015/15]
Amharc ar fhreagraI propose to take Questions Nos. 111 and 114 together.
The breakdown of the Legal Aid Board’s overall staffing complement as of 1 April 2015 is as follows:
|
Location |
Number of staff |
Frontline (yes/no) |
% of Total Numbers |
|
Law Centres |
286 (including 113 solicitors). |
Yes |
75% |
|
Mediation Offices |
31 (including 16 Mediators). |
Yes |
8% |
|
Research and Information Unit |
12 |
Yes |
3% |
|
Corporate Support Areas e.g IT, HR |
47 |
No |
12% |
|
Criminal Legal Aid |
7 |
Yes |
2% |
|
Totals |
383 |
Since the beginning of 2014, the Board has been granted a number of exemptions from the moratorium on filling positions to maintain front-line services where staff in such areas have left the organisation. In addition, the Board has obtained sanction to put the successful integrated mediation initiative in Dolphin House in Dublin on a permanent footing and to replace staff who have transferred to work on the Financial Management Shared Services Project. Exceptions to the moratorium sanction granted in respect of the Legal Aid Board since 01 January 2014 are as set out in the table below:
|
Exception sought |
Grade |
No. of Exceptions |
Decision |
Sanction Date |
Exception Granted |
|
Family Mediator - Legal Aid Board x 5 and 1 CO |
Family Mediator and Clerical Officer |
6 |
Approved |
28-Feb-14 |
6 |
|
Legal Staff Officer - LAB |
Higher Executive Officer |
1 |
Approved |
24-Jul-14 |
1 |
|
Legal Aid Board - Solicitors |
2x Managing Solicitor G1, 3 x Solicitor Grade 3 |
5 |
Approved |
28-Aug-14 |
5 |
|
Chief Executive of the Legal Aid Board |
Assistant Secretary |
1 |
Approved |
23-Sep-14 |
1 |
|
Director of Civil Legal Aid |
PO |
1 |
Approved |
10-Feb-15 |
1 |
|
Legal Aid Board - Managing Solicitor Grade 1 x 2, Solicitor x 3, CO x 3 |
2 x Managing Solicitor G1, 3 x Solicitor G3, CO x 3 |
8 |
Approved |
12-Mar-15 |
8 |
The Board has continued to develop innovative ways of delivering services to ensure that their staffing resources are deployed to best effect. In this connection, the Board has introduced a triage service across the law centre network that facilitates applicants in getting an early meeting with a solicitor for advice on their legal problem. Mediation information is also being provided in a number of locations so that legally aided clients are facilitated in considering mediation as an alternative to litigation as a means of resolving their disputes.
The Board is also in the process of introducing a new management structure for the law centre network that is designed to improve the management of risk and performance in the organisation. The new structure will also assist the Board in meeting organisational priorities identified in the Board’s new Corporate Plan for the period 2015-2017.
112. Deputy Denis Naughten asked the Minister for Justice and Equality the amount of revenue that has been collected in speed fines through the use of speed vans, by year, at locations (details supplied) in County Galway since speed vans were introduced; the number of accidents, including fatalities, at each of these locations in the past ten years, 2005 to 2015; and if she will make a statement on the matter. [14979/15]
Amharc ar fhreagraI have requested reports from the Garda authorities and the Court Services in relation to the matters referred to by the Deputy. I will contact the Deputy directly as soon as these are to hand.
113. Deputy Derek Keating asked the Minister for Justice and Equality in view of the fact that a large number of members of An Garda Síochána and the Irish Prison Service served during the emergencies that had been declared as a result of the period here known as the Troubles, maintaining the peace in this State, a number of whom made the ultimate sacrifice, comprising some nine members of An Garda Síochána and one member of the Irish Prison Service, if consideration will be given to awarding a service medal to those who gave service to the State during that time, from 1968 to 1998; and if she will make a statement on the matter. [15006/15]
Amharc ar fhreagraThe Scott Medal is the highest award An Garda Síochána can bestow on a Garda member. It is awarded where a member has risked their life in the execution of duty. To date (since 1923) there have been 414 Scott Medals Awarded for bravery. The Scott medal is awarded based on a recommendation made to the Garda Commissioner and it is a matter for her in the first instance.
The Prison Service recognises acts of bravery, outstanding heroism or merit which have been performed by staff of the Irish Prison Service. Awards recognise an exceptional act by a member of staff and the awarding of same is determined by the Irish Prison Service Merit Award committee. There are two awards which may be presented depending on the degree of bravery, heroism or merit and they include:
- The Stack Medal
- The Distinguished Service Medal
- Special commendation
The Stack Medal, is the highest honour that can be bestowed upon a member of staff of the Irish Prison Service. It is presented by the serving Minister for Justice and Equality and is made in recognition of an act of exceptional personal bravery by the nominee. The Stack Medal was posthumously awarded to the late Chief officer Brian Stack (RIP) on 3 May 2013 by the then Minister for Justice and Equality in recognition of his loyal service to the State. Nominations in respect of the Stack Medal can be made to the Irish Prison Service on their official application form.
115. Deputy Paul Murphy asked the Minister for Justice and Equality her plans to ratify the United Nations Convention on the Rights of People with Disabilities; and if she will make a statement on the matter. [15034/15]
Amharc ar fhreagra116. Deputy Paul Murphy asked the Minister for Justice and Equality if she has sought advice from the National Disability Authority on the issue of ratifying the United Nations Convention on the Rights of People with Disabilities; if so, the advice that she received; if that advice identified impediments to the State ratifying the convention; the details of those impediments; and if she will make a statement on the matter. [15035/15]
Amharc ar fhreagraI propose to take Questions Nos. 115 and 116 together.
The Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy will be aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.
A team has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place to review issues and the actions and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.
Progress towards ratification therefore continues to be made. One of the core elements of the remaining work to be completed is the enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill is currently awaiting Committee Stage in the Dáil.
In relation to the advice of the the National Disability Authority, I should explain that the Authority was asked by the the Interdepartmental Committee to commission an analysis of Irish domestic law in the context of the requirements of the Convention. This report was not intended for publication, but rather as a resource to inform and assist the work of the Interdepartmental Committee and I do not intend to publish it at this time. As the Deputy will be aware, as a matter of course the legal advice of the Attorney General is not published.
However, when the Government has approved the roadmap, outlining the measures to be taken to overcome the legislative barriers to ratification, the roadmap - which will contain a definitive statement of the legislative amendments required to allow ratification - will be published by my Department.
