Thursday, 19 May 2016

Written Answers Nos. 147-153

Dublin-Monaghan Bombings

Ceisteanna (147)

Brendan Smith

Ceist:

147. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade if he has had any recent discussions with the Northern Ireland British Secretary of State, Ms Theresa Villers, or with the British Secretary of State for Foreign and Commonwealth Affairs, Mr. Philip Hammond; and the outcome of these in relation to the need for the British Government to release files and papers pertaining to the Dublin and Monaghan bombings; and if he will make a statement on the matter. [11081/16]

Freagraí scríofa

Minister for Foreign Affairs and Trade

Dealing with the legacy of the past relating to the conflict in Northern Ireland is a major priority for me as Minister for Foreign Affairs and Trade and the Government, and this is reflected in the new Programme for Government. In relation to the Dublin-Monaghan bombings, we have specifically committed in the Programme for Government to continuing our active pursuit of the implementation of the All-Party Dáil motions of 2008 and 2011. These motions urge the British Government to allow access by an independent international judicial figure to all original documents in their possession relating to the Dublin-Monaghan bombings.

The Government remains entirely committed to this approach. I have raised the issue with the British Government on a number of occasions, most recently in a telephone call with the Secretary of State for Northern Ireland on 9 May. The Taoiseach has also previously raised the matter with Prime Minister Cameron, emphasising the Government’s continued support for the Dáil motions.

Despite our urging, the British Government is still considering how to respond to the Dáil motions. However, I have received assurances from the Secretary of State for Northern Ireland that the British Government continues to consider the issue. I have made clear to the Secretary of State that this will remain firmly on the political agenda of the Government and Dáil Éireann.

The Government will continue to urge the British Government to allow access by an independent international judicial figure to all original documents in their possession relating to these bombings. I hope that in the week ahead the 32nd Dáil will debate and agree a fresh all-Party motion on this issue, which would reaffirm our shared will and determination to secure progress on the Dublin-Monaghan bombings.

On Tuesday 17 May, the 42nd anniversary of the bombings, I represented the Government at the commemoration ceremony and stood in solidarity with the families of victims and survivors of the atrocity.

Decades old cases, such as the Dublin-Monaghan bombings, must be adequately addressed if we are to achieve a genuinely reconciled society. Successive Irish Governments, in our ongoing bilateral relations with the UK and through the European Court of Human Rights at Strasbourg, have consistently raised with the British Government the obligation to ensure effective investigations of such cases, including in instances of alleged collusion.

Many families continue to deal not only with the awful pain of losing a loved one, but also with the struggle for answers decades after these traumatic events..The establishment of a new comprehensive framework for dealing with the past, as envisaged in the Stormont House Agreement, is a priority for the Government.

Following the Assembly elections in Northern Ireland, I have engaged further on this issue, most recently on a visit to Belfast this week where I had discussions about the possible route to a final agreement on legacy issues. The Government believes that the legacy institutions agreed under the Stormont House Agreement offer the best hope of helping the thousands of families touched by the Troubles. I am therefore actively working to secure the necessary political agreement to get the legacy bodies established and up and running as soon as possible.

Passport Application Refusals

Ceisteanna (148)

Bernard Durkan

Ceist:

148. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade why an application for passports for persons (details supplied) were declined; and if he will make a statement on the matter. [11085/16]

Freagraí scríofa

Minister for Foreign Affairs and Trade

All passport applications are subject to the terms of the Passports Act, 2008, as amended (the Act). This provides a legal basis for the various policies and practices, which are applied by the Passport Service in the issue of passports. It broadly requires that a person must be an Irish citizen; his/her identity is proven; and in the case of a child, the witnessed consent of that child’s guardian(s) is provided.

In the case of the first named person, her naturalisation certificate, dated 12 August, 2015, demonstrated her entitlement to Irish citizenship. However, her application is incomplete in regard to the following requirements of the Act –

Identity: The applicant’s parents have been asked to supply her original birth certificate. (Only original certificates/documents are accepted for passport applications.) This could have verified her name, date and place of birth details. Unfortunately, only a copy of her birth certificate was received by the Passport Service. Alternatively, the national passport from her country of birth, Cameroon, would have been acceptable ID. No such passport has been submitted.

Consent: The witnessed consent of both parents was apparently provided. However, following inquiries by the Passport Service, the witness in question informed that the applicant’s father had not been in his presence when this section of the application form was witnessed. On this basis, the full consent of the parental guardians has not been given.

The Passport Service last wrote to the parents on 25 February 2016 to advise them of the issues above and that the witness date for the original application was over six months and thus out of date. A new and pre-registered application form was sent to them for their completion. This has not been returned.

The current position of the application is that it is not compliant with the Act and cannot progress to passport issue. In order to finalise this application, the Passport Service needs to receive the following:

a new witnessed application form and photographs;

original birth certificate or Cameroon passport (Alternatively, a Public Service card when she reaches eighteen years of age.); and

witnessed guardian consent (until she reaches her eighteenth birthday on 4 September, 2016).

As regards the second named person, there is no record on the passport system for this person.

Drainage Schemes

Ceisteanna (149)

Tony McLoughlin

Ceist:

149. Deputy Tony McLoughlin asked the Minister for Public Expenditure and Reform with regard to ongoing flooding issues in County Sligo to enable the Office of Public Works which has the machinery required to conduct small-scale work, such as removing trees from the rivers which will alleviate the flooding upstream at the lower ends of the Bonet, the Drumcliff, the Owenmore, the Ballysdare, and the Owenbeg rivers; and if he will make a statement on the matter. [11026/16]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Office of Public Works (OPW) carries out a programme of Arterial Drainage Maintenance to a total of 11,500 km of river channel and approximately 730 km of embankments nationally. These maintenance works relate to arterial drainage schemes completed by the OPW under the Arterial Drainage Acts 1945 and 1995. The OPW has a statutory duty to maintain the completed schemes in proper repair and effective condition. The annual maintenance programme typically involves some clearance of vegetation and removal of silt build-up on an average five-yearly cycle. Each year, work is carried out to approximately 2,000 km of channel and about 200 structures around the country. The planned OPW maintenance programme in 2016 includes work on approximately 21.5 km of the Bonet Arterial Drainage Scheme.

The other rivers mentioned in the question do not form part of arterial drainage schemes. I am advised that the OPW therefore has no responsibility for the maintenance of the channels, nor any authority to carry out any works there, and that Statutory responsibility for the maintenance and funding of the Coolaney, Drumcliff and Owenmore Drainage Districts lies with the relevant local authority, in this case Sligo County Council.

Flood Prevention Measures

Ceisteanna (150)

Pearse Doherty

Ceist:

150. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform in instances where local community groups or voluntary organisations have developed detailed and costed flood mitigation and management plans to alleviate local flood risk, compiled in consultation with knowledgeable and accredited professional practitioners, if such proposals will be considered by the competent authorities responsible for flood management; the process by which groups may make such submissions; and if he will make a statement on the matter. [10952/16]

Freagraí scríofa

Minister for Public Expenditure and Reform

I am advised by the Commissioners of Public Works that local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address. Any local community group or voluntary organisation which has proposals to make in relation to flood relief measures should, in the first instance, contact their relevant local authority and provide the authority with whatever reports may be applicable in support of their case. It is a matter then for the local authority to assess the information provided by the local voluntary group and to determine whether there is a basis for viable measures to address the flooding problem. The local authority may proceed to carry out works using its own resources or, if necessary, may apply for funding to carry out the works under the Office of Public Works' (OPW) Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial are published on the OPW website at http://www.opw.ie/en/floodriskmanagement/operations/minorfloodworkscoastalprotectionscheme/.

Under the scheme, only applications submitted by local authorities may be considered and funding, if approved, is provided to local authorities who must carry out, supervise and certify the works. It is not open to local voluntary groups to submit applications under the scheme and no funding is provided to such groups. Any application received from a local authority will be considered in accordance with the overall availability of resources for flood risk management and the scheme's eligibility criteria.

Flood Prevention Measures

Ceisteanna (151)

Michael Healy-Rae

Ceist:

151. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the status of an issue (details supplied) in relation to the Office of Public Works; and if he will make a statement on the matter. [10960/16]

Freagraí scríofa

Minister for Public Expenditure and Reform

I am advised by the Commissioners of Public Works that the Office of Public Works (OPW) is not responsible for the maintenance of the channel in this location. Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and address, and local authorities may carry out flood mitigation works using its own resources or, if necessary, may apply for funding under the OPW's Minor Flood Mitigation Works and Coastal Protection Scheme. This administrative Scheme's eligibility criteria, including a requirement that any measures are cost beneficial are published on the OPW website at: http://www.opw.ie/en/floodriskmanagement/operations/minorfloodworkscoastalprotectionscheme/.

No application under the minor works scheme has been received to date by the OPW for the location referred to in this question.

Public Sector Pay

Ceisteanna (152)

Clare Daly

Ceist:

152. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if, when and how he will address unequal pay in the public service, that is, the two-tier pay system whereby new entrants are paid less than older colleagues. [10975/16]

Freagraí scríofa

Minister for Public Expenditure and Reform

The issue of addressing the difference in incremental salary scales between those public servants, who entered public service employment since 2011 and those who entered before that date was addressed with the relevant union interests under the provisions of the Haddington Road Agreement (HRA). Any further consideration of remuneration adjustment for any group of public servants, including issues relating to more recently recruited public servants, will fall to be examined within the provisions of the Public Service Stability Agreement 2013 -2018 (Lansdowne Road Agreement).  It will also of course have to comply with the terms of the Financial Emergency Measures in the Public Interest Acts 2009 - 2015 (FEMPI), as well as its affordability being underpinned through delivering enhanced work place practices and productivity.

Public Sector Pay

Ceisteanna (153)

Clare Daly

Ceist:

153. Deputy Clare Daly asked the Minister for Public Expenditure and Reform when he will establish the public service pay commission; and when it will report. [10976/16]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Programme for Government contains a strong commitment to fully implement the Public Service Stability Agreement 2013-2018 (Lansdowne Road Agreement) in accordance with the terms and timelines agreed with staff representatives.  This sets out the framework and agreed pathway for pay restoration to 2018 for public servants that is affordable and achievable on a fiscally sustainable basis. 

As the Deputy is aware, the Programme for Government also states that Government will establish a Public Service Pay Commission to examine pay levels across the public service.  The precise structure of such a commission and the technical aspects as to how it would operate have yet to be decided upon and would require broad consultation, including engagement with staff representatives as was committed to in the Lansdowne Road Agreement.  My officials have begun to review international best practice in respect of public service pay determination models.  This will help frame the Government's thinking on how to establish a fair, transparent and accountable process for determining public service pay, taking into account the views of all stakeholders.