Written Answers Nos. 279-301
279. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his views that heather will reach maturity with a sustainable stocking rate in place; and if he will make a statement on the matter. [44225/15]
Amharc ar fhreagraIn order to be eligible a land parcel must be maintained in a state suitable for grazing or cultivation. Areas not in this state must be deducted as ineligible. Agricultural areas with heather can be eligible provided they are maintained in a grazable state. It is open to the farmer to decide how this is achieved.
280. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his views that controlled burning of heather is an agricultural activity in the same way that topping in a lowland situation is; and if he will make a statement on the matter. [44226/15]
Amharc ar fhreagraAgricultural activity is defined under Article 4.1.(c) of EU 1307/2017 as follows:
"agricultural activity" means:
(i) production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,
(ii) maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by Member States on the basis of a framework established by the Commission.
Article 4.1 of Delegated Regulation 639/2014 gives Member States two options as to how to give effect to Article 4.1.(c) of 1307/2013. Ireland chose option (b) of this article which states:
“Member States set out the characteristics to be met by an agricultural area in order to be deemed maintained in a state suitable for grazing or cultivation ”.
In the context of the Regulations above, controlled burning may be considered in certain limited circumstances as set out in the Guide to Land Eligibility.
281. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if controlled burning is an agricultural method that can be used to manage heather, given his Department's A Guide to Land Eligibility Direct Payment Schemes 2015, and to the top photo on page 9 in particular which shows heather that is eligible but where management is needed to ensure it remains eligible; and if he will make a statement on the matter. [44227/15]
Amharc ar fhreagraThe applicant is required to maintain land as shown in the photograph referred to in an eligible state suitable for grazing or cultivation. It is a matter for the farmer to choose which option he or she wishes to employ to achieve this objective. Should the applicant so wish, he/she can consult a FÁS Adviser on an appropriate course of action to take to maintain it in an eligible state.
282. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the management tools his Department advises to make an area eligible for payment, given his Department's A Guide to Land Eligibility Direct Payment Schemes 2015 and the lower photograph on page 9 in particular which shows heather that is ineligible; and if he will make a statement on the matter. [44228/15]
Amharc ar fhreagraThe photo as referenced shows ineligible heather. The Department recommend that the applicant seeks professional advice as regards the management of such areas. The Department maintains a database of all approved FÁS (Farm Advisory System) Advisers, who can provide advice on an appropriate remedial course of action.
283. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the nature of the direct contact his Department had with the European Commission in negotiating the A Guide to Land Eligibility Direct Payment Schemes 2015; and if he will make a statement on the matter. [44229/15]
Amharc ar fhreagraThe implementation of the Direct Payment Schemes under the new CAP saw some changes to the requirements governing the eligibility of land and other related matters. Officials from my Department worked closely with the EU Commission in March/April of this year with a view to establishing a set of requirements which are clear and workable from the point of view of individual farmers as well as other stakeholders. I was also mindful of the need to ensure that the implementing provisions were the most appropriate in the context of farming in Ireland and providing as much flexibility as possible to farmers. In order to benefit from payment under the Direct Aid Schemes, land must be eligible and must also be in a state fit for grazing or cultivation.
In the context of compiling a guidance booklet for issue to farmers, officials from my Department sought a meeting and met with officials from the European Commission on 9 April 2015. The purpose of this meeting was to seek clarification regarding Ireland’s interpretation of the EU Regulations governing land eligibility. In Ireland, it was decided that the most appropriate mechanism to provide for this is to define the characteristics to be met by an agricultural area in order to be deemed maintained in a state suitable for grazing or cultivation. In the first instance, it should be remembered that it is the responsibility of each Member State to implement EU regulations in respect of the eligibility of land.
284. Deputy Billy Timmins asked the Minister for Defence when he received a report (details supplied), why it has not been published; and if he will make a statement on the matter. [43579/15]
Amharc ar fhreagraIn December 2014, I appointed former High Court Judge, Mr. Roderick Murphy, to conduct an independent review of the investigation of the death of Private Hugh Doherty and the disappearance of Private Kevin Joyce (Caomhán Seoighe) on 27 April 1981 while serving as members of the Irish Battalion with the United Nations Interim Force in Lebanon (UNIFIL).
Privates Doherty and Joyce were serving with UNIFIL in 1981 when, on 27 April 1981, an observation post at Dayr Ntar manned by them came under attack. Private Doherty was later found dead from gunshot wounds and Private Joyce was missing. The attackers are unknown. Over the years, extensive diplomatic and military efforts to locate Private Joyce have proved fruitless. To date, no information has been elicited to lead to the recovery of Private Joyce’s remains. In late June 2015, Mr. Roderick Murphy presented his report to me. Following a review of his report a number of clarifications were raised with Mr Murphy which are currently being addressed. I also sought legal advice from the Attorney General in relation to the publication of the report. The matter is nearing a conclusion and I intend to publish the report, once all legal and other issues arising from the report have been addressed.
285. Deputy Robert Troy asked the Minister for Defence the number of meetings requested by private external lobby groups and the number of meetings held in tabular form; and if he will make a statement on the matter. [43596/15]
Amharc ar fhreagraI have received no requests for meetings from private external lobby groups in my capacity as Minister for Defence.
286. Deputy Robert Troy asked the Minister for Defence his Department's photography costs since he came into office, inclusive of costs incurred from use of the ministerial allowance, by year, in tabular form; the occasions for which photographers were booked; the photographers used; the costs associated with each occasion; the policy in place regarding the booking of photographers; and if he will make a statement on the matter. [43628/15]
Amharc ar fhreagraThe total costs for photography paid by the Department in 2011, 2012, 2013, 2014 and 2015 to date is set out in the following table.
|
Date |
Company |
Cost |
|
25/3/2011 |
Maxwell Photography |
€393.25 (Including VAT) |
|
9/11/2011 |
Maxwell Photography |
€849.42 (Including VAT) |
|
21/11/2012 |
Fennell Photography |
€116.85 (including VAT) |
|
10/07/2013 |
Maxwell Photography |
€17.22 (including VAT) |
|
21/11/2014 |
Maxwell Photography |
€713.40(including VAT) |
The Department of Foreign Affairs and Trade, following an EU-level advertised procurement process, has established a Framework Agreement comprising five firms for the provision of photography services. The Framework was established in February 2012 and is open for use by all Government Departments and Offices. My Department avails of this Framework Agreement for photography needs.
287. Deputy Robert Troy asked the Minister for Defence his Department's use of external public relations firms since he came into office by year in tabular form; the uses of these firms and the policy regarding employing them; and if he will make a statement on the matter. [43644/15]
Amharc ar fhreagraMy Department has not incurred any expenditure on external public relations since March 2011.
288. Deputy Robert Troy asked the Minister for Defence the reports he commissioned from external consultants since March 2011, by year, title, cost, date published and company, in tabular form. [43660/15]
Amharc ar fhreagraThe information requested by the Deputy in relation to external consultant reports commissioned by my Department since March 2011 is set out in the following table.
|
Report |
Cost |
Company |
Publication Date |
|
An independent review of United Nations Interim Force in Lebanon (UNIFIL) fatalities in 1989 |
€51,660 |
Mr. Frank Callinan, S.C. |
19th September 2011 |
|
Review of the Air Corps’ Safety Management System |
€20,000 |
Jacques Michaud |
14 November 2013 |
|
Third Report of the Independent Monitoring Group (IMG) |
€22,500 |
Dr. Eileen Doyle |
3 September 2014 |
|
Consultancy report to assess the impact of an upgrade of Departments financial application software. |
€24,870.60 |
Fujitsu Ltd |
30 January 2015 |
|
Review of the Civil Defence Branch |
€7,200 |
Mr. Jim Blighe |
N/A |
289. Deputy Robert Troy asked the Minister for Defence the number of special advisers on his staff and their yearly salary from 2011 to date; and if he will make a statement on the matter. [43676/15]
Amharc ar fhreagraI have not appointed any special advisers in my role as Minister for Defence. Similarly no special advisers were appointed by my predecessor, Mr. Alan Shatter, T.D.
290. Deputy Gabrielle McFadden asked the Minister for Defence his views on a proposal (details supplied) to use Columb Barracks as a headquarters for Westmeath Civil Defence; and if he will make a statement on the matter. [43997/15]
Amharc ar fhreagraFollowing the closure of Columb Barracks, my Department wrote to Government Departments and other Public Bodies inviting them to express any interest in the property, with a view to its disposal by the Department. No such interest was expressed at that time. My officials also met with local representatives and officials from Westmeath County Council to discuss the future of the Barracks.
As the Deputy is aware, a number of local organisations are currently using the Barracks. These include the Westmeath GAA County Board, the Irish United Nations Veterans Association (IUNVA), the Order of Malta and the Midland Youth Services. The former barracks is also currently used by An Garda Síochána and the Customs Service for training purposes and it is intended that these arrangements will remain in place. Leases with these and other local community groups are currently being progressed in my Department. In addition, numerous requests from other community groups wishing to avail of accommodation within the Barracks have also been received. Regarding accommodation for Westmeath Civil Defence HQ, initial contact was made with my Officials to discuss the possibility of them relocating to Columb Barracks. The position, however, is that the provision of accommodation for Civil Defence Units is, in the first instance, a matter for the relevant local authority. I would, of course, be happy to consider a proposal from the Council in this regard. Indeed, given the number of local organisations interested in using the facility, I believe that it may be useful to engage with the Council regarding the long-term development of the Barracks.
The Department of Justice and Equality, who is the lead Department for the Refugee Accommodation Programme, is also working with my Officials to establish whether any of the buildings falling within the remit of the Department of Defence, including Columb Barracks, are suitable for the purposes of temporary accommodation.
As the Deputy can appreciate, proposals involving the long-term retention of Mullingar Barracks by my Department, which includes administering multiple leases and fulfilling the many responsibilities of a landlord, will put a significant administrative and financial burden on my Department. I will be happy to discuss with any interested group, including the Local Authority, any proposals they may have for the possible purchase and future development of the site for the benefit of the local community.
291. Deputy Mattie McGrath asked the Minister for Defence the total cost to his Department, and those under his aegis, for the procurement of legal services in the State from 2011 to 2015 in tabular form; and if he will make a statement on the matter. [44570/15]
Amharc ar fhreagraThe Chief State Solicitor’s Office, Attorney General’s Office and the State Claims Agency deal with all legal matters on behalf of my Department. The main requirement for legal services in my Department is in the context of litigation, usually in the form of administrative law and personal injury proceedings. The Chief State Solicitor’s Office and the State Claims Agency manage and provide legal representation in relation to all cases taken against the Minister for Defence.
The Chief State Solicitor’s Office is responsible for the costs of the State’s legal teams in cases that it manages on behalf of the Department. External legal costs incurred by the State Claims Agency arising from the defence of any claims managed by the Agency for the Department are refunded to the Agency by the Department. In addition, the Department may pay plaintiffs’ legal costs as part of awards and settlements. The following table lists the total legal costs incurred in 2011, 2012, 2013, 2014 and to the end of November 2015 in relation to such services.
|
Year |
Legal costs |
|
2011 |
€2,161,956 |
|
2012 |
€1,199,689 |
|
2013 |
€1,441,165 |
|
2014 |
€1,363,282 |
|
2015 to end Nov 2015 |
€1,395,090 |
While it possibly falls outside of the terms of the question, for completeness, I would like to advise that, in 2011 expenditure of €9,075 was incurred in respect of legal advice provided in 2010 to the Selection Committee established under section 184K of the Defence Acts 1954-2007 for the purpose of identifying officers of the Permanent Defence Force suitable for appointment as a Military Judge.
292. Deputy Mattie McGrath asked the Minister for Justice and Equality the amount of financial resources allocated to the courts, excluding resources for legal aid and public prosecution services; and if she will make a statement on the matter. [43722/15]
Amharc ar fhreagraAs the Deputy is aware, under the provisions of the Courts Service Act 1998, the day to day management of the courts is the responsibility of the Courts Service which is independent in exercising its functions and I am responsible for ensuring that the Service is adequately funded.
The Courts Service Vote for 2015 is €107.965 million which is an increase of €2.0 million on the corresponding 2014 allocation. I am also pleased that in the Estimates for 2016 the Courts Service allocation will further increase to €108.672 million which, when non-recurring payroll costs are excluded, is an effective increase of approximately €1.75 million. This increased allocation and additional staffing will support the delivery of an effective Courts system and give them further scope in relation to non-pay costs.
On the capital side, the allocation of €9.7 million for 2015 is in line with that of 2014, which had included an additional €2.0 million for capital works associated with the establishment of the new Court of Appeal. I am pleased that the existing capital allocation of €9.7 million remains in place for 2016 and future years. Furthermore, capital funding for major developments in the courts was announced as part of the Government’s Capital Infrastructure and Investment Plan for 2016-2021. This included a new Public-Private Partnership to deliver a state-of-the art Family Law and Children’s Courts building, together with additional Court rooms for the Supreme Court and other Courts offices, on the Hammond Lane site in Dublin. The capital envelope also includes €10 million for courthouse refurbishment in later years of the plan. I can assure the Deputy that I am conscious of the value of providing for an excellent court system including the provision of substantial resources to the Courts Service to enable it to maintain and improve its services.
293. Deputy Mattie McGrath asked the Minister for Justice and Equality the amount of financial resources allocated for legal aid services for each of the years 2011 to date; and if she will make a statement on the matter. [43723/15]
Amharc ar fhreagraThe Deputy will be aware that the provision of legal aid falls within two separate categories, that is, civil legal aid and criminal legal aid. Details in respect of each category are outlined below.
Criminal Legal Aid
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means. Under the Act, the grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of their defence or appeal. The granting of aid is a matter for the court.
Total expenditure on criminal legal aid for the years requested by the Deputy is detailed below.
|
Year |
Total Amount of Expenditure (€ million) |
|
2011 |
56.1 |
|
2012 |
50.5 |
|
2013 |
50.9 |
|
2014 |
49.9 |
|
2015 (Jan - Nov) |
44.8 |
These figures include the cost of medical witnesses expenses, technical reports, medical reports, translation and interpretation and other office charges.
Civil Legal Aid
The Legal Aid Board is tasked with providing civil legal aid in the State. Exchequer funding is provided by way of a grant-in-aid to the Board. Resources allocated to the Board include funding for the provision of the Family Mediation Service, for which the Legal Aid Board assumed responsibility in late 2011.
Total expenditure on civil legal aid for the years requested by the Deputy is detailed below.
|
Year |
Total Amount of Expenditure (€ million) |
|
2011 |
30.4 |
|
2012 |
33.0 |
|
2013 |
33.8 |
|
2014 |
32.6 |
|
2015 |
32.5 |
294. Deputy Mattie McGrath asked the Minister for Justice and Equality the measures she is taking to address the fact that Ireland is ranked by the Organisation for Economic Co-operation and Development as the eight most expensive country in which to enforce a business contract; and if she will make a statement on the matter. [43724/15]
Amharc ar fhreagraThe Legal Services Regulation Bill, which is scheduled to complete its passage through the Houses of the Oireachtas this week, gives legislative expression to the commitment in the programme for Government to "establish independent regulation of the legal professions to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". Having been a sectoral objective under the EU/IMF/ECB 'Troika' Programme, the Bill is now the subject of a Country Specific Recommendation under the EU Semester Process as well as an objective of the Action Plan for Jobs, the Medium Term Economic Strategy 2014-2020 and the National Reform Plan.
The Legal Services Regulation Act will constitute a key component of the Government's strategy to bring greater transparency to legal costs and to reduce their burden on consumers and enterprise - including by reference to the competitiveness indicators raised by the Deputy, which would appear to be those also cited by the National Competitiveness Council in its 2015 Report on the Costs of Doing Business in Ireland. That Report notes that despite reductions in legal costs during 2013, Ireland remains an expensive location to enforce a business contract (ranked 9th in the OECD, not 8th as the Deputy suggests) and is a place where it takes a significant amount of time to enforce a contract (the 6th longest in the OECD). The legal services data used for the Report is based on a group of 16 respondents to the relevant CSO survey and 96 separate price observations.
The more transparent legal costs regime being introduced by the Legal Services Regulation Bill, in tandem with the use of more efficient alternative dispute resolution mechanisms, is intended to bring about significant improvements in Ireland’s position in the medium term. The Bill makes extensive provision, in Part 10, for a new and enhanced legal costs regime that will bring greater transparency to how legal costs are charged by legal practitioners, along with a better balance between the interests of legal practitioners and those of their clients. Legal practitioners, whether solicitors or barristers, will be obliged to provide more detailed information about legal costs from the outset of their dealings with clients. This will be in the form of a Notice, written in clear language, which must be provided when a legal practitioner takes instructions. Among other things, the Notice must disclose the costs that are involved, or, where this is not known, the basis upon which such costs are to be calculated. A cooling-off period is to be allowed for the consideration of costs by the client. When there are any significant developments in a case which give rise to further costs, the Bill provides that a client must be duly updated and given the option of whether or not to proceed with the case in question. In addition, the Bill sets out that it will not be permissible for legal practitioners to set fees as a specified percentage or proportion of damages payable to a client from contentious business and that it will no longer be permissible for barristers to charge junior counsel fees as a specified percentage or proportion of Senior Counsel fees.
An aggrieved client also has the option of applying for the adjudication of disputed legal costs by the reformed and modernised Office of the Legal Costs Adjudicators, which is currently known as the Taxing-Master's Office. The Bill sets out, for the first time in legislation, a series of Legal Costs Principles. These are contained in Schedule One and enumerate the various matters that shall be taken into account in the adjudication of disputed legal costs. The Bill also provides for the establishment of a publicly accessible Register of Determinations which will disclose the outcomes and reasons for decisions made by the Legal Costs Adjudicators.
The Bill will also introduce a system for processing complaints about excessive costs, which will be the subject of attempts, firstly, by the new Authority at informal resolution, but then escalating to formal resolution where alternative dispute resolution means do not succeed. This will be the first time that complaints about all legal practitioners will be dealt with by an independent statutory public authority.
I might add the Bill sets out a clear path to new Legal Partnerships involving barrister/barrister partnerships and barrister/solicitor partnerships, which will allow for such partnerships to open for business, in competition with the more traditional lawyer structures, by late next year. The new Legal Services Regulatory Authority is also tasked with carrying out public consultations and reporting to me as Minister with further legislative recommendations over its first four years in areas such as removing existing client money and direct access restrictions relating to barristers; examining entry and training requirements for the legal profession; unification of the two legal professions; and the opening of the market to multi-disciplinary practices.
Overall, the Bill seeks to achieve greater flexibility in the legal-services market, more competition and improved access to justice and will pave the way for the introduction of new business structures for legal practitioners. These combined measures will enable those availing of legal services, be they private consumers or enterprise, to identify costs more clearly, including in competition with other possible legal service providers.
295. Deputy Gabrielle McFadden asked the Minister for Justice and Equality The supports available to assist a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [43996/15]
Amharc ar fhreagraOn Friday 2 October, I published a Comprehensive Employment Strategy for People with Disabilities. The Strategy sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to, work are supported and enabled to do so. The Strategy is a cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment.
The Strategy's six strategic priorities are:
- Build skills, capacity and independence
- Provide bridges and supports into work
- Make work pay
- Promote job retention and re-entry to work
- Provide coordinated and seamless support
- Engage employers.
While I cannot comment on individual circumstances, I can confirm that the Strategy includes a range of practical measures to increase employment opportunities for people with disabilities. For example, an employer help-line is being established by the National Disability Authority, there will be an increase in the pubic sector employment quota from 3% to 6% on a phased basis to 2024, and arrangements are being put in place for dedicated recruitment channels for people with disabilities. The implementation of the Strategy will be subject to regular monitoring, and there will be a review and renewal every three years.
296. Deputy Brendan Ryan asked the Minister for Justice and Equality if resources will be provided for two Garda Síochána patrol bicycles at a location (details supplied) in County Dublin; and if she will make a statement on the matter. [43560/15]
Amharc ar fhreagraI have asked the Garda authorities for the information requested and I will revert to the Deputy as soon as the information is to hand.
297. Deputy Tom Fleming asked the Minister for Justice and Equality if she will expedite the Garda Síochána vetting process for a person (details supplied) in County Kerry, as the person's work opportunity will expire by 10 December 2015; and if she will make a statement on the matter. [43565/15]
Amharc ar fhreagraI am informed by the Garda Authorities that a vetting application in respect of the person to whom the Deputy refers was received by the Garda Central Vetting Unit on 12 November 2015. The application was processed and returned to the registered organisation on 25 November 2015. It would be advisable for the applicant to contact the registered organisation to ascertain the current position.
298. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide funding for the refurbishment of male and female toilet facilities at Coolock Garda Síochána station in Dublin 5; and if she will make a statement on the matter. [43568/15]
Amharc ar fhreagraThe programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.
I am advised by the Commissioner that the male and female toilets at Coolock Garda Station were refurbished in 2014.
299. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide funding for the purchase of extra helicopters or aircraft for the Garda air support unit; and if she will make a statement on the matter. [43569/15]
Amharc ar fhreagraI am advised by the Commissioner that the Garda Air Support Unit currently consists of a fixed wing Defender aircraft and two EC135T2 helicopters. Earlier this year I secured an additional €1.8 million in capital funding for the replacement and upgrade of equipment on the Defender aircraft. The question of the replacement of the Defender aircraft as it nears the end of its estimated lifetime in a number of years time is under consideration by An Garda Síochána and my Department.
300. Deputy Robert Troy asked the Minister for Justice and Equality the number of meetings requested by private external lobby groups and the number of meetings held, in tabular form; and if she will make a statement on the matter. [43603/15]
Amharc ar fhreagraI wish to advise the Deputy that in the time available to do so it has not been possible to gather all the information requested. I will contact the Deputy directly when the information comes to hand.
301. Deputy Robert Troy asked the Minister for Justice and Equality her Department's photography costs since she came into office, inclusive of costs incurred from use of the ministerial allowance by year in tabular form; the occasions for which photographers were booked; the photographers used; the costs associated with each occasion; the policy in place regarding the booking of photographers; and if she will make a statement on the matter. [43635/15]
Amharc ar fhreagraThe total photography costs paid for my Department from the date of my appointment as Minister on the 8th May 2014 to 30th Nov 2015 are €1,776.12.
I can inform the Deputy that photographic services are only used by my Department where necessary and consideration is always given to the costs involved when sourcing such services. A tender framework is in place and used to procure these services when required.
The list of occasions when photographers were engaged and the associated costs are as follows:
|
Photographer |
Cost |
|
|
Appointment of Chief Executive Designate to Charities Regulatory Authority |
Maxwell Photography Ltd |
€123.00 |
|
First Board Meeting of the Charities Regulatory Authority |
Maxwell Photography Ltd |
€275.52 |
|
Promote safety on Fireworks Night |
Maxwell Photography Ltd |
€154.98 |
|
subtotal May to December 2014 |
€553.50 |
|
|
International Women's Day |
Maxwell Photography Ltd |
€120.54 |
|
Website and other Department publications |
Maxwell Photography Ltd |
€516.60 |
|
Website and other Department publications |
Maxwell Photography Ltd |
€585.48 |
|
subtotal January to November 2015 |
€1,222.62 |
|
|
Total |
€1,776.12 |
