Written Answers Nos. 318-349
318. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine to outline the status of an application by a person (details supplied) in County Tipperary under the 2015 national reserve and young farmer scheme; when he will finalise the appplication; and if he will make a statement on the matter. [5986/16]
Amharc ar fhreagraThe person named submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers Scheme. My Department wrote to the person named on two separate occasions requesting the submission of additional documentation required as part of the administrative checks carried out under the schemes. To date the requested documentation has not been submitted by the person named and as a result the application has been rejected. The applicant has been notified in writing of this decision and offered the opportunity to submit an appeal.
319. Deputy Kevin O'Keeffe asked the Minister for Agriculture, Food and the Marine when he will issue the balance of a payment to a person (details supplied) in County Cork under the basic payment scheme. [5987/16]
Amharc ar fhreagraThe person named submitted a Transfer of Allocation Right and Reference Value application to my Department seeking the transfer of allocation rights and values following the division of a holding into two or more holdings. This application was fully processed and payment under the Basic Payment Scheme issued on 29th January 2016. Balancing payments are due to issue in late April/early May 2016 when all applications under the 2015 Basic Payment Scheme are finalised.
320. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine to outline the status of an application by a person (details supplied) in County Cork under the basic payment scheme; and if he will make a statement on the matter. [6013/16]
Amharc ar fhreagraAn application under the 2015 Basic Payment Scheme was received from the person named on 29 May 2015. During processing of the application over claims were identified in respect of a number of the parcels declared, and payment issued on 12 January 2016 with a reduction penalty. Following receipt of an appeal, this case has since been reviewed and the penalty was overturned. On this basis a supplementary payment will issue to the person named in the coming days.
321. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine to outline the status of an application by a person (details supplied) in County Cork under the basic payment scheme; and if he will make a statement on the matter. [6030/16]
Amharc ar fhreagraThe person named submitted a 2015 Private Contract Clause application to my Department seeking the transfer of land and entitlements by sale as Transferee. An issue regarding the Basic Payment Scheme application submitted by the Transferor in this case has prevented the processing of the transfer application. An Official from my Department has contacted the Transferor to resolve this issue. Once resolved the transfer application can be completed to facilitate payment under the Basic Payment Scheme. The person named also submitted an application under the Young Farmers Scheme to my Department. Once the Basic Payment Scheme payment has issued, this application can be finalised with a view to payment shortly thereafter.
322. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine to outline the proposals he put forward to the European Commissioner for Agriculture and Rural Development and at the Council of Ministers meeting relating to the urgent need to provide appropriate supports for the dairy industry due to the serious decline in returns to farmers; and if he will make a statement on the matter. [6033/16]
Amharc ar fhreagraI very much welcome the Presidency conclusions on the proposal for the package of support measures to address challenges in the dairy and pigmeat sectors which was agreed in Brussels at last month’s Council. This follows on from an earlier package of measures agreed in September of last year and takes account of the ongoing difficulties being experienced in the sector, where the duration of market turbulence has gone well beyond previous expectations.
The package reflects the majority of the demands presented by Ireland to the Commission and other Member States in advance of Council, in particular the doubling of the intervention ceiling for skimmed milk powder and butter. I also welcome the Commissioner’s undertaking to consider further flexibilities in the PSA scheme for Skimmed Milk Powder, and to look at further flexibilities in the State Aid regime.
At all times I remain concerned about the references to supply control in run-up to Council and in the Presidency conclusions which emerged after Council. We have been very consistent in our view that milk quotas did not serve Ireland well and their abolition was a welcome development which will allow our dairy sector reach its full potential. I am assured by the fact that the measures proposed at Council are voluntary, agreed at the level of the first purchaser of the milk and are strictly temporary in nature. They do not constitute a return to quotas and both the Commission and the Presidency were extremely clear on this point. I am also opposed to allocating new EU funding to incentivise such reductions.
In terms of input costs at farm level, I have called on the Commission to consider looking at temporary suspension of EU import tariffs on fertilisers to reduce input costs for Irish and EU farmers and I understand that the Commissioner is looking favourably on this request.
The Presidency conclusions also refer to the possibility of advance payments under CAP, as was done in 2015. In addition I can confirm that the direct top-up will issue to young dairy farmers in the near future. This is the final stage in the payment of €26.4m direct aid to dairy farmers funded by the exchequer and the EU.
Furthermore, with respect to financial instruments, I welcome the proposal for the European Investment Bank (EIB) and member states to work together with the Commission on the feasibility of an EU export credit tool. However, I believe the EIB needs to be more proactive in designing loan products in partnership with member states.
It remains clear that we need to deal urgently and effectively with this temporary problem. We must ensure that EU farmers are protected from the worst impacts of low commodity prices in an appropriate way, but remain well placed to avail of emerging opportunities when markets recover.
323. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine to outline the proposals he put to the European Commissioner for Agriculture and Rural Development and at the Council of Ministers meeting relating to the urgent need to provide support to the pigmeat sector; and if he will make a statement on the matter. [6034/16]
Amharc ar fhreagraThe development of a viable pigmeat sector is a priority for me given the crucial role which the industry plays in supporting approximately 7,000 jobs including production, slaughter, processing, feed manufacture and services. In 2015 export volumes increased by approximately 8%, with growth to the UK, Continental Europe and International markets. Export values at €570 million, fell marginally by 2% during 2015 due to lower pig prices. Pigmeat prices tend to be cyclical in nature with periods of lower prices followed by a supply response and/or a recovery in demand. My Department carefully monitors developments in the pig sector, both domestically and internationally.
I am conscious of the fact that prices have come under pressure over the last year and a half and the difficulties that this is causing for producers. This is not an exclusively Irish phenomenon, and Irish prices have actually remained ahead of the EU average for the last five months. However I would also add that like any other EU Minister I do not have a role in the setting of prices. This is a function of the market.
At the March meeting of the Council of Agriculture Ministers in Brussels, I put forward a number of measures for the pigmeat and diary sectors which I believe were needed immediately to help producers through their current difficulties. On pigmeat my priority was to secure the re-opening of the Pigmeat Private Storage Aid Scheme as I believe its closure did not appear justified by the current state of the EU and global pigmeat market, given that the sector does not enjoy direct EU supports, market tools available in times of extreme price volatility must be deployed when necessary. I am pleased to note that the Commissioner has agreed to the re-opening of this scheme in 2016.
In relation to the Russian pigmeat ban, the adverse effects of the effective closure of this market are still being felt by farmers. Ireland has requested the Commission to continue and intensify its political, technical and diplomatic efforts to unlock the Russian market for EU pigmeat. We proposed that the Commission re-engage and secure access for products outside the scope of the Presidential decree, such as pig fats and offals. In the interim, a direct aid package payment will issue to all pig farmers in Ireland with a minimum level of supply of 200 pigs slaughtered in 2015 very shortly. This means a flat rate payment of over €3,000 to each farmer. This will ensure that the payment is directed to those farmers most affected by the price volatility, thus meeting the requirements of the EU Regulations providing the funding. Furthermore, Commissioner Hogan has reiterated his determination to promote the EU’s interests and open up new markets for EU products, with a specific €30 million envelope for dairy and pigmeat available under the EU Promotion Scheme to reflect the market disturbances in those sectors. Ireland, through Bord Bia, will be making an application for a proportion of this funding in the very near future.
324. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine to outline the progress made at European Union level in having additional food products exempted from the Russian ban on exports from the European Union; and if he will make a statement on the matter. [6035/16]
Amharc ar fhreagraThe adverse effects of the effective closure of the Russian market arise from the combined impact of the African Swine Fever (ASF)-related ban of February 2014 and the Presidential decree of August 2014, which imposed a ban on agricultural products and foodstuffs from countries that have adopted sanctions against Russia in the context of the situation in Ukraine. These adverse effects are still being keenly felt by farmers. While this is a difficult issue, Ireland has continued to urge the Commission at every opportunity over recent months, both at official and political levels, to intensify its political, technical and diplomatic efforts to unlock the Russian market, particularly in relation to products outside the scope of the Presidential decree, such as pig lards, fats and offals.
For its part, the Commission has been working to make progress on this issue. It has been in regular, direct communication with the Russian authorities in relation to the ASF ban, arguing that an EU-wide ban is totally disproportionate given the limited incidence of ASF in a small number of Member States. It has also taken a case against Russia to the WTO’s dispute settlement panel, in respect of which a final ruling is awaited. In the meantime, the pigmeat sector continues to be supported via the exceptional market support measures agreed by Member States in recent months.
325. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine when he will announce details of force majeure provisions in respect of the 2016 area aid scheme and the single payment scheme; and if he will make a statement on the matter. [6036/16]
Amharc ar fhreagraDetails in relation to force majeure for the 2016 Basic Payment Scheme are set out in the Terms and Conditions document. This document is available on my Department’s website.
Force Majeure is defined in Article 2.2. of Regulation (EU) No 1306/2013 which states:
“For the purposes of the financing, management and monitoring of the CAP, "force majeure" and "exceptional circumstances" may, in particular, be recognised in the following cases:
(a) the death of the beneficiary;
(b) long-term professional incapacity of beneficiary;
(c) a severe natural disaster gravely affecting the holding;
(d) the accidental destruction of livestock buildings on the holding;
(e) an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively;
(f) expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application.”
My Department deals with claims of Force Majeure on a case by a case basis.
326. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine why he declined to issue a licence to transport and export greyhounds to a person (details supplied) in County Carlow; the reason for the delay in processing this application; and the requirements the person needs to do differently if re-applying. [6043/16]
Amharc ar fhreagraMy Department received an application for a license to transport dogs from the individual concerned on 22 September 2015. However, as the material furnished was seriously deficient, the application was refused. The applicant contacted my Department by phone last week and a fresh application form was issued to him.
328. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when he will issue payment to a person (details supplied) in County Cork under the basic payment scheme; and if he will make a statement on the matter. [6136/16]
Amharc ar fhreagraThe person named submitted three 2015 Private Contract Clause applications and three 2015 Transfer of Entitlement Allocation Right and Reference Value applications to my Department. An Official from my Department has spoken directly to the person named to clarify a number of issues with regard to the applications submitted. Once clarification is received from the person named it will be possible to process the applications with a view to making payment under the Basic Payment Scheme as soon as possible.
329. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when he will issue payment to a person (details supplied) in County Kerry under the agri-environment options scheme; and if he will make a statement on the matter. [6174/16]
Amharc ar fhreagraThe person named commenced their AEOS 1 contract on 1 November 2010. Payment issued in respect of the 2010-2014 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. The application of the person named was also selected for an on-farm inspection which took place on 3 July 2015. During this inspection non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Traditional Hay Meadow and the Species Rich Grassland actions which resulted in a penalty being incurred. The application will now be processed on the basis of the inspection findings and payment in respect of the 2015 Scheme year, less the appropriate penalty, will issue at the earliest opportunity.
330. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine when he will issue payment to a person (details supplied) in County Clare under the agri-environment options scheme; and if he will make a statement on the matter. [6177/16]
Amharc ar fhreagraThe person named commenced their AEOS 1 contract on 1 November 2010. Payment has issued for the 2010-2014 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 take place. As all AEOS 1 participants will be receiving their final payments under the scheme, re-checks on payments made for all scheme years must be completed before final payment can be processed. Officials are working through these files and payment will be as soon as possible.
331. Deputy Margaret Murphy O'Mahony asked the Minister for Agriculture, Food and the Marine to set out the total value and tonnage of all fish, including fish farm landings, in Castletownbere in County Cork for the years 2014 and 2015; and if he will make a statement on the matter. [6274/16]
Amharc ar fhreagraThe Sea Fisheries Protection Authority (SFPA) is the agency with responsibility for recording landings of fish (excluding farmed fish) into Irish ports. I am informed by the SFPA that landings of fish (excluding farmed fish) into Castletownbere Fishery Harbour Centre in 2014 amounted to a total of 35,004 tonnes with a value of €82.1 million. Final figures for 2015 are not currently available and I have referred the matter to the SFPA who will reply to the deputy directly.
Due to commercial confidentiality I am unable to provide figures in respect of aquaculture (farmed fish) landings into Castletownbere as only one company lands farmed fish into this port at present.
332. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Cosanta cad é an líon iomlán foirne atá fostaithe ina Roinn faoi láthair; cé mhéad duine acu siúd atá ag feidhmiú i bpoist atá daingnithe i scéim teanga nó ar aon bhealach eile mar phoist a bhfuil riachtanas Gaeilge ag baint leo; an bhfuil sé i gceist aon phoist eile de chuid na Roinne a aithint mar phoist a bhfuil riachtanas Gaeilge ag baint leo; agus an ndéanfaidh sé ráiteas ina thaobh. [5820/16]
Amharc ar fhreagra333. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Cosanta an bhfuil sé mar dhualgas oifigiúil ar bhaill foirne aonair ar leith de chuid a Roinne seirbhís a sholáthar trí Ghaeilge d’aon duine a lorgaíonn í nó an ar bhonn deonach amháin a thoilleann baill foirne a Roinne seirbhís trí Ghaeilge a sholáthar; agus an ndéanfaidh sé ráiteas ina thaobh. [5836/16]
Amharc ar fhreagraTógfaidh mé Ceisteanna Uimhireacha 332 agus 333 le chéile.
An 31 Márta, 2016 bhí 356 ball foirne ag obair i mo Roinn. Níl aon phost sa Roinn Cosanta ina dteastaíonn Gaeilge agus níl sé beartaithe aon phost a aithint sa Roinn mar phost a mbeadh Gaeilge ag teastáil lena aghaidh. Ní bhíonn ach plé teoranta ag an Roinn leis an bpobal agus mar sin is beag éileamh a bhíonn ar sheirbhísí i nGaeilge. Mar a fhoráiltear i Scéim Teanga reatha agus scéimeanna roimhe seo, baineann an Roinn leas as foireann daoine a cuireadh le chéile ar bhonn deonach chun cabhrú le Brainsí na Roinne seirbhísí a chur ar fáil trí mheán na Gaeilge agus plé le custaiméirí, más gá.
Tá seisear sa ghrúpa faoi láthair a thairg cúnamh le seirbhísí a chur ar fáil i nGaeilge agus is leor sin chun freastal ar na riachtanais a thagann chun cinn. Déantar athbhreithniú leanúnach ar an bhfoireann oibrithe deonacha.
334. Deputy Éamon Ó Cuív asked the Minister for Defence to outline the status of outstanding tech pay to a person (details supplied) in Dublin 9. [5944/16]
Amharc ar fhreagraOn 27th September 2010 the Adjudicator under the Conciliation and Arbitration Scheme for members of the Permanent Defence Force awarded an increase in technical pay to cooks. The award is backdated to 1 June 2006 and the Department of Defence estimates that the cost per annum of the award will be approx €266,000. The adjudication is one of the outstanding adjudication findings covered under para 1.16 of the Public Service Agreement 2010-2014. Paragraph 5.3 of the Public Service Stability Agreement 2013-2018, known as the Lansdowne Road Agreement, states that “The Parties have agreed that any outstanding adjudications as referred to in paragraph 1.16 of the Public Service Agreement 2010-2014 will be reviewed jointly by the Parties prior to the expiry of this agreement.” The review mechanism is the subject of ongoing consideration in the Department of Public Expenditure and Reform.
335. Deputy Robert Troy asked the Minister for Defence to outline his plans as part of the commemoration of the 1916 centenary to award medals to serving members of the Permanent Defence Force and the Reserve Defence Force; and if he will make a statement on the matter. [6026/16]
Amharc ar fhreagraThe State is undertaking a comprehensive programme of commemorations during 2016 which commenced on New Year’s Day in Dublin Castle. All elements of the Defence Forces will play a very central and important role in many of the historic events taking place during 2016. The question of issuing a medal to commemorate the centenary is being considered in the context of further initiatives that may be introduced as part of the 2016 Commemorations. At this time, however, no decision has been made to issue a medal or the terms on which such a medal might issue. The Deputy may wish to note that I have decided to introduce a medal to recognise the service of Defence Forces personnel on humanitarian and non-Peace Support Operations. This medal will be known as the Internal Operational Services Medal and will apply to those personnel who completed a minimum of 60 days uninterrupted operational service overseas. The Department is putting in place the necessary amendments to the Defence Forces Regulations.
336. Deputy Robert Troy asked the Minister for Defence the details of personnel serving in the armed forces of other states who participated in any of the 1916 commemorations, including the state they represented and the ceremonies they participated in. [6027/16]
Amharc ar fhreagraWhilst responsibility for the Decade of Centenaries Programme rests with my colleague the Minister for Arts, Heritage and the Gaeltacht, both my Department and the Defence Forces have played a significant role in the State commemoration ceremonies to date.
I can confirm that no members of the Armed Forces of other States have participated in the 1916/2016 Commemorative Ceremonies.
337. Deputy Shane Cassells asked the Minister for Defence his plans to address cuts to the salaries and expenses of Defence Forces personnel. [6111/16]
Amharc ar fhreagraRates of remuneration and conditions of employment in the Irish public sector have traditionally been set by reference to relative levels of pay across the various sectors of the Irish public sector. The Financial Emergency Measures in the Public Interest Acts of 2009-2013 and the Public Service Stability Agreement 2013-2018 (Lansdowne Road Agreement) define current pay policy.
Under the terms of the Public Service Stability Agreement 2013-2018 (Lansdowne Road Agreement), with effect from 1 January 2016, the exemption threshold for payment of Pension Related Deduction (PRD) increased from €15,000 per annum to €26,083 per annum and on 1 January 2017 it will further increase to €28,750. This means for all public servants, including members of the Permanent Defence Force that by the start of 2017 remuneration below €28,750 will no longer be liable to PRD which will reduce the impact for PRD affected public servants by €1,000.
For the majority of public servants, including members of the Permanent Defence Force (PDF), in addition to the PRD benefits outlined above, there is a significant reduction, weighted in favour of the lower paid, of the pay cuts suffered under the 2009 FEMPI legislation. These come in the form of increases in gross pay in 2016 for those on lower pay (up to €31,000) and in 2017 for all on pay up to €65,000.
For any public servant, including members of the PDF, whose annualised salary is below €24,001 there was an increase in gross pay of 2.5% from 1 January 2016. For those on annualised salaries between €24,001 and €31,000 there was an increase in gross pay of 1% from 1 January 2016. For all those on annualised salaries up to €65,000 there will be an increase in gross pay of €1,000 from 1 September 2017.
Lastly, Paragraph 5.3 of the Public Service Stability Agreement 2013-2018, (Lansdowne Road Agreement), states that “The Parties have agreed that any outstanding adjudications as referred to in paragraph 1.16 of the Public Service Agreement 2010-2014 will be reviewed jointly by the Parties prior to the expiry of this agreement.” The review mechanism is the subject of ongoing consideration in the Department of Public Expenditure and Reform.
338. Deputy Michael Healy-Rae asked the Minister for Justice and Equality to outline the status of support for a community (details supplied) in County Kerry in respect of enterprise and employment initiatives, given its 84% unemployment rate; and if she will make a statement on the matter. [5362/16]
Amharc ar fhreagraThe Deputy will be aware that there is a comprehensive consultation process underway, led by my Department, to develop a new National Traveller and Roma Inclusion Strategy to improve the situation for the Traveller and Roma communities. Phase 1 (identification of key themes for the new Strategy) and Phase 2 (identification and agreement of high level objectives under each agreed theme) of that consultation process have been completed. The final phase, Phase 3 (identification of detailed actions to achieve each agreed objective, with associated time-scales, key performance indicators, institutional responsibilities and monitoring arrangements), will commence in May 2016 and will conclude with submission of a final draft version of a new Inclusion Strategy to Government as soon as possible thereafter. This process will provide a new set of specific actions that need to be taken to bring about a real improvement in quality of life for Travellers and Roma. It is intended that the revised Inclusion Strategy will run from 2016 to 2020 and that it will be in place as early as possible in 2016.
A number of cross-cutting themes have emerged in the consultation process one of which is employment. My Department's role is that of policy coordination; implementation of policy in relation to employment is a matter for the Departments with responsibility for that area.
339. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will increase the pay for rank and file members of An Garda Síochána given their working conditions and the dangers posed to them on a daily basis; and if she will make a statement on the matter. [5719/16]
Amharc ar fhreagra377. Deputy Brendan Griffin asked the Minister for Justice and Equality to outline her views on a matter (details supplied) regarding the pay and conditions of An Garda Síochána; and if she will make a statement on the matter. [6000/16]
Amharc ar fhreagraI propose to take Questions Nos. 339 and 377 together.
The Lansdowne Road Agreement (LRA) represents the agreed structure for industrial relations and pay within the public service until 2018. It provides for the gradual unwinding of the pay reduction measures imposed on public servants at a cost of €844m over three years. It is underpinned by the Financial Emergency Measures in the Public Interest Act 2015 (FEMPI). That Act makes the following provision for pay restoration:
On 1 January the exemption threshold for payment of Pension Related Deduction (PRD) increased from €15,000 per annum to €26,083 per annum and on 1 January 2017 it will further increase to €28,750. This means for all public servants, including members of An Garda Síochána, that by the start of 2017 remuneration below €28,750 will no longer be liable to PRD which will reduce the impact for PRD affected public servants by €1,000. By operation of the tax code those lower paid public servants on lower rate of tax will profit to a greater extent.
For the majority of public servants, including members of An Garda Síochána, in addition to the PRD benefits outlined above, there is a significant reduction, weighted in favour of the lower paid, of the pay reductions suffered under the 2009 FEMPI legislation. These come in the form of increases in gross pay in 2016 for those on lower pay (up to €31,000) and in 2017 for all on pay up to €65,000. The 2015 FEMPI legislation also provides for the suspension of the operation of incremental pay scales in respect of any public servant who is not encompassed by a collective agreement. The application of this provision will fall to be considered in relation to those public servants who are not encompassed by the LRA come the expiry of the Haddington Road Agreement on 30 June 2015.
Negotiations on the LRA were facilitated by the Labour Relations Commission (now the Workplace Relations Commission) and were open to all Public Sector Unions and Associations including the Garda representative associations.
In relation to the pay rates applicable to members of An Garda Síochána the position is that trainee Gardaí are supported while completing their 2 year BA in Police Studies. For the 32 week duration of phase 1 of their training they receive a basic weekly allowance of €184 and full board in the Garda College. After 32 weeks they are fully attested and move onto the first point of the Garda incremental pay scale of €23,750. The incremental scale rises to €42,138 per annum after 8 years with two further increments after 13 and 19 years' service which bring the maximum of the pay scale to €45,793 per annum after 19 years. It is important to recall that the Garda pay scale does not represent the full earnings of a Garda as it does not include any allowances. Gardaí assigned to frontline duties work the Garda Roster which attracts unsocial hours payments. Such payments amount to between 25% and 30% of their earnings. Even at the entry level of €23,750 and the lower end of unsocial hours scale, this will add almost €5,950 to the salary. Other allowances may also be payable, as may overtime.
Regarding the 2014 finding by the European Committee of Social Rights in EuroCOP V Ireland that the State was not in compliance with a number of aspects of the Charter on Social Rights I have made it clear in the State's formal response that while the finding is not binding I am committed to seeking solutions to these issues which respect the Charter. The breaches identified were:
- Article 5 (the right to organise) on grounds of the prohibition against police representative associations from joining national employees' organisations
- Article 6.2 (the right to bargain collectively) on grounds of restricted access of police representative associations into pay agreement discussions; and
- Article 6.4 on grounds of the prohibition of the right to strike of members of the police.
The findings in relation to Articles 5 and 6.2 have been referred for consideration as part of the independent review being conducted by Mr Ray McGee, former Deputy Chairperson of the Labour Court as part of the commitment under the Haddington Road Agreement to a review of An Garda Síochána including appropriate industrial relations mechanisms. This review is ongoing and will be completed as soon as possible. The breach of Article 6.4 (prohibition on the right to strike) is under separate consideration. It raises complex questions for the State from a legal, operational and management perspective which require detailed and considered input from various parties including the Garda Commissioner, the Attorney General and indeed Government itself.
All public servants, including members of An Garda Síochána, played a significant part in stabilising the public finances and bringing about the economic recovery and I am very conscious of their frustrations at the pace of pay restoration. However, it is essential that a prudent and sustainable approach is adopted given the current resources available and fiscal restraints on spending.
340. Deputy Thomas P. Broughan asked the Minister for Justice and Equality to outline the status of Ireland's commitment to ratify the United Nations Convention on the Rights of Persons with Disabilities, including the timetable for ratification by the Houses of the Oireachtas and the roadmap for its implementation; and if she will make a statement on the matter. [5884/16]
Amharc ar fhreagraOn 21 October 2015, I published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities, which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department’s website, sets out the substantial legislative agenda required for ratification.
Considerable progress has already been made to overcome barriers to Ireland’s ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015, and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
Work is also under way on drawing up an Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health.
341. Deputy Thomas P. Broughan asked the Minister for Justice and Equality to outline her plans to increase employment opportunities for persons with a disability in the public and private sectors; and if she will make a statement on the matter. [5888/16]
Amharc ar fhreagraAs the Deputy will be aware, the Government published a Comprehensive Employment Strategy for People with Disabilities last October. The Strategy sets out a coordinated ten-year approach with rolling three year action plans to ensure that people with disabilities, who can and want to work, are supported and assisted to do so. It involves a whole of Government approach aimed at bringing together the actions of different Departments and state agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. 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 across Government
- Engage employers
The Government has already taken a number of key decisions as recommended in the Strategy including:
- the public service employment target of people with disabilities will be increased on a phased basis as set out in the Strategy from 3% to 6% over the life time of the Strategy;
- special public service competitions for people with disabilities will be arranged and we will open up alternative recruitment channels for people with disabilities;
- the establishment of a national help line and disability information service launched on 2 January last to provide expert guidance and peer support to employers in relation to the employment of staff with disabilities.
Given the complex cross-government nature of the strategy an oversight implementation group has been established under the independent chairmanship of Fergus Finlay. This group is tasked with monitoring the progress of the six strategic priorities of the strategy ensuring that each Government Department is fulfilling its obligations and meeting its targets. The group will also make periodic reports to relevant Ministers and Government updating them on progress.
342. Deputy Thomas P. Broughan asked the Minister for Justice and Equality to outline the status of the work of the inter-departmental committee on disability; and if she will make a statement on the matter. [5889/16]
Amharc ar fhreagraI am taking it that the Deputy is referring to the National Disability Strategy Implementation Group (NDSIG) and to the group overseeing the implementation of Comprehensive Employment Strategy for People with Disabilities published by Government in October last.
The NDSIG, chaired by the Minister of State with responsibility for disability policy, comprises representatives from across Government Departments, local government, the National Disability Authority, a broad range of disability organisations, and a number of individuals appointed in their personal capacity to bring their lived experience to the table. The Group serves a central role in shaping the new National Disability Inclusion Strategy currently under preparation and in respect of which my Department is undertaking a wide ranging consultation process with relevant stake holders. Phases 1 and 2 of the consultation process involving the identification of key themes and high level objectives have been completed and Phase 3 focusing on agreeing specific actions and time frames for each objective will start shortly with a view to launching the final strategy document by early summer.
Given the complex cross-government nature of the Comprehensive Employment Strategy for People with Disabilities, an oversight implementation group has been established under the independent chairmanship of Fergus Finlay. The group, which is drawn from representatives of disability organisations, Government Departments and the National Disability Authority generally meets bimonthly and is tasked with monitoring the progress of the six strategic priorities of the Strategy ensuring that each Government Department is fulfilling its obligations and meeting its targets. In addition to monitoring delivery the group will make periodic reports to relevant Ministers and Government updating them on progress.
343. Deputy Pat Deering asked the Minister for Justice and Equality why local authorities are charging rates to charity shops, whether they are run as a business or by a small voluntary group; and if she will consider a dual system similar to that implemented for child care facilities where community projects are excluded. [5907/16]
Amharc ar fhreagraThe Valuation Act 2001 provides that all buildings used or developed for any purpose are rateable unless expressly exempted under Schedule 4 of the Act. Paragraph 16(a) of Schedule 4 is the relevant provision in this case.
The position under the Valuation Acts regarding claims from whatever source for exemption on charitable grounds, requires consideration of two issues. In order for a property occupied by an organisation to be exempt from rates under the terms of Schedule 4 - Paragraph 16(a) of the Act, that organisation must firstly, be a "charitable organisation" and secondly, the use of land, buildings or part thereof must be "exclusively for charitable purposes and otherwise than for private profit".
The definition of a "charitable organisation" in the context of Paragraph 16(a) of Schedule 4 was originally set out in section 3 of the Valuation Act 2001. This definition has been repealed and a new definition has been substituted following implementation of the Valuation (Amendment) Act 2015. As a result. "charitable organisation" now means a charitable organisation within the meaning of Section 2 of the Charities Act 2009 that is entered in the register of charitable organisations pursuant to Part 3 of that Act. This has simplified the law in this particular regard.
However, the other element to be satisfied under paragraph 16(a) of Schedule 4 has not been amended and still remains in place. Accordingly, the requirement that the land or building in question be used exclusively for charitable purposes, and otherwise than for private profit, continues in force.
Shops operated by charitable organisations are rateable on the basis that conducting retail activity is not considered to be "exclusively for charitable purposes" within the meaning of the legislation. This is in line with established case law. As a result, a distinction has been drawn between properties which are operated by charitable organisations and used exclusively for charitable purposes and properties occupied by charitable organisations which are not used exclusively for charitable purposes, albeit where the proceeds may be used exclusively for charitable purposes.
With regard to the Deputy's reference to childcare facilities, the position is that certain childcare facilities provided on a not-for-profit community basis are exempt from rates under the Valuation Acts 2001 to 2015. However, a shop operated as a business or by a voluntary group is a retail activity in competition with other retail outlets and is therefore rateable and forms part of the commercial valuation base in all rating authority areas.
If an occupier is dissatisfied with a determination of the Valuation Office, including as to whether a particular property is or is not rateable, there are a number of avenues of redress provided for in the Valuation Acts. Firstly, before a determination is made, there is a right to make representations to the Valuation Office in relation to a proposed valuation. Following consideration of the representations and determination of the valuation, there is a statutory right of appeal to the Valuation Tribunal. Finally, there is a right of appeal to the Higher Courts on a point of law.
344. Deputy Michael Healy-Rae asked the Minister for Justice and Equality to outline the status of persons (details supplied) in County Kerry regarding key issues faced by the Traveller community; and if she will make a statement on the matter. [5378/16]
Amharc ar fhreagraThe Deputy will be aware that there is a comprehensive consultation process underway, led by my Department, to develop a new National Traveller and Roma Inclusion Strategy to improve the situation for the Traveller and Roma communities. Phase 1 (identification of key themes for the new Strategy) and Phase 2 (identification and agreement of high level objectives under each agreed theme) of that consultation process have been completed. The final phase, Phase 3 (identification of detailed actions to achieve each agreed objective, with associated time-scales, key performance indicators, institutional responsibilities and monitoring arrangements), will commence in May 2016 and will conclude with submission of a final draft version of a new Inclusion Strategy to Government as soon as possible thereafter. This process will provide a new set of specific actions that need to be taken to bring about a real improvement in quality of life for Travellers and Roma. It is intended that the revised Inclusion Strategy will run from 2016 to 2020 and that it will be in place as early as possible in 2016. A number of cross-cutting themes have emerged in the consultation process such as accommodation, employment, health and education. My Department's role is that of policy coordination; implementation of policy in the areas of accommodation, health, education and employment is a matter for the Departments with responsibility for each of these areas.
The question of whether revised institutional arrangements for delivery of services to Travellers are necessary to bring about greater coherence in, and improve the effectiveness of, statutory services for the Traveller community has been raised during the ongoing consultation process and, as indicated on behalf of the Government during the November 2015 debate in the House on the question of recognition of Travellers as an ethnic group, will be considered in the drafting of the new Inclusion Strategy.
I have asked my officials to conduct a review of the Prohibition of Incitement to Hatred Act 1989 to determine if amendments to the legislation or further measures are necessary to ensure the purposes of that Act are fully achieved. I might also mention that, where criminal offences such as assault, criminal damage or public order offences are committed, they are prosecuted through the wider criminal law. The trial judge can take any aggravating factors, such as a hate/racist/bias motivation, into account at sentencing.
Ireland’s human rights and equality infrastructure has been strengthened by the establishment, in November 2014, of the Irish Human Rights and Equality Commission (IHREC) as an independent statutory body following the merger of the Human Rights Commission and the Equality Authority. IHREC will support public bodies in placing equality and human rights consideration at the heart of decision making. The Irish Human Rights and Equality Commission Act 2014 provides for an extensive range of functions for IHREC, including "to encourage the development of a culture of respect for human rights, equality and inter-cultural understanding in the State”.
A significant innovation in the Irish Human Rights and Equality Commission Act 2014 is the introduction of a positive duty on public bodies to have due regard to human rights and equality in their work and to conduct their business in a manner that is consistent with individual human rights. Under that Act (section 42), public bodies are obliged to eliminate discrimination, promote equality of opportunity and protect human rights. The Commission will assist public bodies to comply with the positive duty, including by producing guidelines and codes of practice. This means the systematic integration of an equality and human right perspective into everyday work, including changes to organisational cultures, so that such a perspective is an integral part of the organisation.
345. Deputy Thomas Pringle asked the Minister for Justice and Equality when the Spent Convictions Act commenced; the steps a person who wishes to have a conviction considered spent should take; and if she will make a statement on the matter. [5409/16]
Amharc ar fhreagraIt is intended to commence the Spent Convictions Bill from 29th April 2016. The effect of the Act will be that where persons are applying for employment, (other than employment which is exempt from the provisions of the Act), the person will not be obliged to disclose certain convictions which are over 7 years old. In accordance with the provisions of the Act the following convictions will be spent:
1) All convictions in the District Court for Motoring offences which are more than 7 years old will be spent, subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.
2) All convictions in the District Court for minor public order offences which are more than 7 years old will be spent.
3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction will also be spent after 7 years. This provision will apply to either a District Court or Circuit Court conviction.
4) However, sexual offences or convictions in the central Criminal Court are not eligible to become spent convictions.
346. Deputy Finian McGrath asked the Minister for Justice and Equality to support a case regarding a missing person (details supplied); and if she will make a statement on the matter. [5417/16]
Amharc ar fhreagraI am advised by the Garda authorities that a thorough and comprehensive review of this case has been ongoing since 2011 under the direction of Assistant Commissioner, Northern Region. All aspects of the original Garda investigation and subsequent reviews have also been examined by the Garda Review Team. The Garda Review Team is endeavouring to advance the investigation into the disappearance of this person and all avenues of investigation are being pursued in that regard. I am further advised that the appointed Garda Family Liaison Officer continues to maintain contact with the agreed contacts within the family in question. I understand that the relative referred to in the details supplied has made a detailed statement to the Garda Síochána as part of the investigation. As this is an ongoing Garda inquiry, I hope the Deputy will appreciate that it would not be appropriate for me to comment on the specific issues referred to in the details supplied.
347. Deputy Clare Daly asked the Minister for Justice and Equality why records of prisoner telephone calls recorded on the old Cork and Limerick prisoner telephone system were destroyed during capital works at the new Cork Prison; and if she will make a statement on the matter. [5493/16]
Amharc ar fhreagra348. Deputy Clare Daly asked the Minister for Justice and Equality to set down the date or dates when records of prisoner telephone calls recorded on the old Cork Limerick prisoner telephone system were destroyed. [5494/16]
Amharc ar fhreagra349. Deputy Clare Daly asked the Minister for Justice and Equality if any requests to the Irish Prison Service by a person (details supplied) for copies of records of telephone calls from 2009 were outstanding when the recordings from the old Cork Limerick telephone system, including those of the person in question, were destroyed. [5496/16]
Amharc ar fhreagraI propose to take Questions Nos. 347 to 349, inclusive, together.
I can inform the Deputy that no prisoner telephone calls were destroyed during the capital works at the new Cork Prison as a result of the building works.
The policy of the Irish Prison Service in relation to the retention of telephones calls provides that the retention period for recorded phone calls on the Irish Prison Service Storage Area Network is three years. After three years, recorded calls (other than those relating to an incident that is deemed active) shall be deleted from the Storage Area Network. The reason for this policy is the high cost of retention of and access to prisoner telephone calls. This Policy has been in place since May 2015.
The records for the person referred to by the Deputy were deleted week beginning the 23 November 2015.
I am advised by the Irish Prison Service that on the 23 November 2015 there was one outstanding request by the person referred to for "any recordings of telephone conversations between him and his solicitor during a specified period of time in 2009" which was at that time the subject of clarification between the Irish Prison Service and the person concerned. However, as advised to his solicitor, due to legal privilege, it is not Irish Prison Service policy to record telephone conversations between solicitors and clients on designated phone lines. The recordings that were destroyed would not have included any phone calls to persons who were nominated as solicitors. There were no phone calls in existence or destroyed which corresponded to the clarified request.
