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Gnáthamharc

Wednesday, 25 May 2016

Written Answers Nos. 218-229

International Relations

Ceisteanna (218)

Seán Crowe

Ceist:

218. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware of the case of a person (details supplied) one of the co-founders of the Boycott, Divestment and Sanctions, BDS, movement; that they have lived in Israel for over 22 years but have now been denied the right to travel outside the country; that this denial of movement severely hinders their right to free speech, free association, and political activism; and if he is concerned of the escalation of Israel’s attacks on Palestinian human rights defenders who non-violently advocate for Palestinian rights. [12110/16]

Amharc ar fhreagra

Freagraí scríofa

I am aware of this case, which has just arisen with the refusal to renew the individual’s travel permit earlier this month. This appears to be on the basis of a review of his right to reside in Israel, and to return there after travel to the occupied territory and elsewhere. No request for assistance has been received from this person, by ourselves or – so far as we can ascertain – any other EU Mission. The case is at an early stage and its basis and likely outcome as yet unclear. As a first step, the EU delegation in Israel has asked the authorities for clarification of the situation in this case. The practice of revocation of right of residence is an issue that we have raised previously with the Israeli authorities. The wider issue of increasingly intolerant responses to non-violent protest and activism is indeed a matter of deep concern. These concerns have been raised directly with the Israeli authorities, and are a continuing matter of discussion at EU level.

Good Friday Agreement

Ceisteanna (219)

Gerry Adams

Ceist:

219. Deputy Gerry Adams asked the Minister for Foreign Affairs and Trade if he raised with the British Government the possible repeal of the Human Rights Act 1998 and the likely impact of this on the Good Friday Agreement; and if he will make a statement on the matter. [11761/16]

Amharc ar fhreagra

Freagraí scríofa

The protection of human rights in Northern Ireland law, incorporating the European Convention on Human Rights, is one of the key principles underpinning the Good Friday Agreement. As co-guarantor of the Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles. The fundamental role of human rights in guaranteeing peace and stability in Northern Ireland cannot be taken for granted and must be fully respected. The Good Friday Agreement is clear that there is an obligation to incorporate the European Convention on Human Rights into Northern Ireland law and this is an ongoing obligation. I have therefore, together with my Ministerial colleagues, been actively engaged on this issue since the suggestion of a possible repeal by the British Government of the 1998 Human Rights Act arose. In February this year the Minister for Justice and Equality wrote to Secretary of State for Justice, Michael Gove outlining the Government’s concerns. In his response, Secretary of State Gove stated that there is no intention for the UK to withdraw from the ECHR and committed to full consultation on any proposals in advance of the introduction of legislation. The letter also promised greater engagement on the issue with the Irish Government and officials.

I have also raised this issue on several occasions in bilateral meetings with both Secretary of State for Northern Ireland, Theresa Villiers, and Foreign Secretary, Philip Hammond, while the Tánaiste and Minister of State Murphy have raised the issue with the UK Minister of State for Europe David Lidington. I also discussed the matter with the Northern Ireland Chief Commissioner for Human Rights Les Allemby on my visit to Belfast last week.

The Government will continue to monitor the situation closely. In this regard, I note that at the State Opening of the UK Parliament last week reference was made to the British Government bringing forward proposals on this issue which would be subject to full consultation.

We will also continue to work closely with the UK Government and with the Northern Ireland Executive in Belfast to ensure that the protection of human rights remains at the heart of civic life, politics and ongoing societal change in Northern Ireland.

Irish Prisoners Abroad

Ceisteanna (220)

Catherine Murphy

Ceist:

220. Deputy Catherine Murphy asked the Minister for Foreign Affairs and Trade if he has considered utilising the rule 140 mechanism to try and secure the release of a person (details supplied); and if he will make a statement on the matter. [12132/16]

Amharc ar fhreagra

Freagraí scríofa

The Government is pursuing every avenue to secure the release of this citizen and will continue to bring all of our influence to bear on his behalf through all appropriate channels. Significant resources continue to be deployed by the Department of Foreign Affairs and Trade, both in Cairo and in Dublin, in the provision of comprehensive consular assistance to both the detained citizen and his family. The Government has formally supported an application made by this citizen’s Egyptian legal team for his return to Ireland under the Presidential Decree/Law 140. This was done by way of a formal diplomatic note sent by Ireland’s Embassy in Cairo to the Egyptian Ministry of Foreign Affairs on 15 February 2015.

This specific matter has also been raised by both the Taoiseach and myself with our Egyptian counterparts.

However, the Egyptian authorities have made clear that it is their position that the current trial process must be completed before consideration will be given to the application of this decree with respect to this citizen. Any decision to release this citizen will ultimately be taken by the Egyptian authorities – either by the court following its verdict or by the Egyptian Government exercising the discretionary powers, such as Decree 140, that are available to it.

All our actions taken in this case are in line with our clear objectives. That is, to see this citizen returned home to his family and his studies at the earliest possible opportunity, and to care for his welfare while he remains in detention.

My officials in the Department of Foreign Affairs and Trade, both in Dublin and in Cairo, remain in ongoing contact with this citizen’s family and their legal representatives. The Government will continue to engage appropriately with the Egyptian authorities and remains resolute in pursuing its clear objectives in this case, and what we firmly believe to be in this citizen’s best interests and to be most likely to contribute to a positive outcome for him.

Transatlantic Trade and Investment Partnership

Ceisteanna (221)

Bríd Smith

Ceist:

221. Deputy Bríd Smith asked the Minister for Foreign Affairs and Trade his position regarding Members of the European Parliament not being allowed to access documentation on the Transatlantic Trade and Investment Partnership; and if he will make a statement on the matter. [12215/16]

Amharc ar fhreagra

Freagraí scríofa

There been a strong emphasis on openness and transparency during the EU-US trade negotiating rounds. The EU Trade Commissioner Cecilia Malmström has initiated a transparency initiative that includes making public all EU negotiating texts and textual proposals in relation to the EU-US free trade negotiations. The EU Commission has also published summaries and clear explanations about its objectives in the negotiations and publishes detailed and extensive reports of the negotiations on its website in all EU official languages. Additionally, all categories of confidential documents relating to the Transatlantic Trade and Investment Partnership have been made available to Members of the European Parliament in a secure reading room at the European Parliament during the negotiating phase of the agreement. The decision to make this information available marks the first time that MEPs have been able to access all of the documents used during the negotiation phase of a trade agreement. In addition to the facilities provided to MEPs, a Reading Room has been established in the Department of Jobs, Enterprise and Innovation where the consolidated texts, which incorporate US and EU textual proposals for different negotiating chapters of the EU-US agreement, have been made available to members of the Oireachtas.

It is my hope that the concerted effort which has been made by the Commission and national Governments to increase transparency and openness with regards to the EU-US Trade Agreement will facilitate the process of parliamentary scrutiny and encourage informed and constructive debate both here in Ireland and across the EU.

International Summits

Ceisteanna (222)

Seán Crowe

Ceist:

222. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware of the outcomes of the World Humanitarian Summit which took place on the 23 and 24 May 2016; his views on the outcomes; the additional action Ireland will take as a result of this summit, and if this action focus on meeting the needs of men, women and children facing decades of displacement. [12235/16]

Amharc ar fhreagra

Freagraí scríofa

The first ever World Humanitarian Summit which took place in Istanbul on 23 and 24 May 2016 was called for by the UN Secretary General Ban Ki-moon in the last year of his tenure. President Michael D. Higgins and Minister of State Joe McHugh represented Ireland at the Summit. Some 5,000 participants attended, including 50 Heads of State and Government, other global leaders, civil society organizations, private sector and affected communities. In advance of the Summit, the UN Secretary General set out his vision for the Summit in his Report for the World Humanitarian Summit which included an ‘Agenda for Humanity'. This report built on the commitments adopted in Agenda 2030 by world leaders at the UN list September, in particular the commitment to ‘leave no one behind’. It outlined the Core Commitments needed to achieve the Secretary General’s vision. The Report is framed around five Core Responsibilities: Providing political leadership to prevent and end conflicts; Upholding the norms that safeguard humanity; Leaving no one behind; Changing people’s lives by moving from delivering aid to ending need; and Investing in humanity.

At the Summit, global leaders discussed how to effectively respond to these major humanitarian challenges. Some of the priority issues included: a new global approach to manage forced displacement, with an emphasis on ensuring hope and dignity for refugees or internally displaced people, and support for host countries and communities; empowering women and girls, and catalysing action to gender equality; adapting new approaches to respond to protracted crises and recurrent disasters; securing adequate and predictable finance to save lives and alleviate suffering; reinforcing the centrality of protection in humanitarian action; increasing respect for International Humanitarian Law; and adapting to new challenges through local, inclusive, and context-specific responses.

At the Summit, Ireland endorsed the Core Commitments set out in the Agenda for Humanity, and set out an additional 35 specific commitments which we will take forward in the period ahead. Included in Ireland’s commitments is an increased focus on the needs of displaced communities, including a focus on providing greater educational and livelihood opportunities.

Public Sector Pensions

Ceisteanna (223)

Denise Mitchell

Ceist:

223. Deputy Denise Mitchell asked the Minister for Public Expenditure and Reform the reason a person (details supplied) cannot draw down a Civil Service pension, having left the Civil Service in 2015. [11972/16]

Amharc ar fhreagra

Freagraí scríofa

In response to the question as to the reason why the individual in question cannot drawn down her Civil Service pension, my office has confirmed that it is a matter of policy, in accordance with the rules of the Established Civil Service Scheme.  The reason why this individual cannot draw down the pension now is because it appears this person is not yet 60 years of age. The individual concerned left the Civil Service in 2015 and is therefore a preserved member of the Established Civil Service Scheme.  Section 13 of the Superannuation Handbook for members of the Established Civil Service Scheme states that an officer who leaves the Civil Service having completed a minimum of 2 years' qualifying service is entitled to preserved superannuation benefits payable at the preserved pension age of 60.  A copy of the Superannuation Handbook which details the scheme rules for the Established and Unestablished schemes can be accessed via this website http://www.cspensions.gov.ie/.

Public Sector Staff

Ceisteanna (224)

Seán Fleming

Ceist:

224. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform the arrangements in place for clerical officers in the Civil Service to transfer to other locations outside Dublin such as Portlaoise and the midlands; and if he will make a statement on the matter. [11999/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, in the case of grades represented by the Civil Public and Services Union, that is the Clerical Officer and Staff Officer grades, transfers for these grades can be arranged in accordance with formal procedures agreed with the Staff Side at General Council under the Conciliation and Arbitration Scheme for the Civil Service.

In the civil service the Central Transfer Scheme (CTS) for Clerical Officers was negotiated with the Staff Side Unions in 1978.  It provides for cross-Departmental transfer arrangements and is a mechanism for filling clerical vacancies in provincial locations.

Information on possible or actual transfers under this scheme are not held centrally by my Department.

Under Action 15 of the Civil Service Renewal Plan, my Department is currently considering ways to improve mobility arrangements across the Civil Service beginning with grades at Clerical and Executive Officer level.

Waterways Issues

Ceisteanna (225)

Tom Neville

Ceist:

225. Deputy Tom Neville asked the Minister for Public Expenditure and Reform his views on a matter (details supplied) regarding the repair of a weir; and if he will make a statement on the matter. [12001/16]

Amharc ar fhreagra

Freagraí scríofa

The Arra River is part of the River Deel Catchment Drainage Scheme which was carried out by the Office of Public Works (OPW) under the Arterial Drainage Act 1945. The OPW continues to have statutory responsibility for the maintenance of this scheme.

The weir mentioned in the question was not constructed as part of the Drainage Scheme, and the OPW is therefore not responsible for its maintenance.

Cartlann Náisiúnta

Ceisteanna (226)

Peadar Tóibín

Ceist:

226. D'fhiafraigh Deputy Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta cad é an líon comhad nach bhfuil aistrithe ag an Roinn chuig an gCartlann Náisiúnta faoin Riail 30 Bliain le trí bliana anuas; an bhfuil liosta díobh ann; an dtabharfaidh sí míniú (maidir le gach comhad) ar an gcúis nár aistríodh iad; agus an ndéanfaidh sí ráiteas ina thaobh. [11952/16]

Amharc ar fhreagra

Freagraí scríofa

Tá nósanna imeachta soiléire in áit ag mo Roinnse maidir le haistriú comhad chuig an gCartlann Náisiúnta i gcomhréir le hAlt 8 den Acht um Chartlann Náisiúnta, 1986. Feidhmíonn Príomhoifigigh i mo Roinn mar Oifigigh Deimhnithe dá n-aonaid ghnó faoi seach agus tá siad freagrach as maoirsiú a dhéanamh ar an bpróiseas maidir le sainaithint, socrú, uimhriú, glanadh, pacáil, lipéadú agus seachadadh na dtaifead atá le haistriú chuig an gCartlann Náisiúnta. Ní miste dom a rá, de bharr nádúr réimsí áirithe d’obair mo Roinne, go bhfuil líon mór comhad atá sách sean á gcoinneáil ag mo Roinn mar go bhfuil úsáid ghníomhach á baint astu i gcónaí. Mar shampla, le comhaontú roimh ré ón gCartlann Náisiúnta, tá mórán comhad a bhaineann le séadchomharthaí seandálaíochta, atá na déaga de bhlianta d’aois, á gcoinneáil i gcónaí ag mo Roinn mar go bhfuil úsáid á baint astu i gcónaí ar mhaithe le Suirbhé Seandálaíochta na hÉireann, cosaint séadchomharthaí etc.

Bronntar comhaid nach bhfuil in úsáid níos mó, nó nach bhfuil riachtanach do riarachán leanúnach na Roinne, ar an gCartlann Náisiúnta, fad is go bhfuil stóras fadtéarmach agus réitigh coimeádaíochta ar fáil. É sin ráite, tá sé ráite liom gur choinnigh an tOifigeach Deimhnithe ábhartha na taifid thíos laistigh den tréimhse a shonraigh an Teachta:

- A4/82 - Údarás na Gaeltachta (Fiosrúchán);

- A16/83 - Údarás na Gaeltachta (Nochtadh Eolais);

- A22/83 - Údarás na Gaeltachta (Fadhbanna maidir le hÚdarás na Gaeltachta)

Ullmhaíodh an teastas do choinneáil na dtaifead seo faoi alt 8(4) den Acht um Chartlann Náisiúnta, 1986 agus faoi Rialacháin ghaolmhara 1988 (I.R., 385 de 1988) an Achta um Chartlann Náisiúnta, 1986, ar na forais go bhféadfadh a scaoileadh a bheith:

- i gcoinne leas an phobail;

- ina shárú ar dhualgas reachtúil nó ar mheon macánta ar an mbonn go bhfuil eolas iontu a tugadh faoi rún; nó

- ina chúis anacra nó chontúirte do dhaoine atá beo, ar an mbonn go bhfuil eolas iontu faoi dhaoine aonair a bhféadfadh gníomh do chlúmhilleadh a bheith mar thoradh ar a scaoileadh.

National Monuments

Ceisteanna (227, 228, 229)

Peadar Tóibín

Ceist:

227. Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht if her Department conducted an independent assessment of the Moore Street national monument and developed an independent stated plan for it, given the decision of the High Court. [11987/16]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

228. Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht the company she used to cost the purchase of Nos. 14 to 17 and part of No. 18 Moore Street, Dublin 1; and the method used to cost the purchase. [11988/16]

Amharc ar fhreagra

Peadar Tóibín

Ceist:

229. Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht if she gave permission for the erection of a banner on the national monument in Moore Street; if she was aware in advance that it was to be erected; if not,the reason therefor; and if she sanctioned those persons who gave permission. [11990/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 227 to 229, inclusive, together.

The buildings in Moore Street were acquired by the State from the previous owner with the assistance and advice of the National Asset Management Agency. The consideration involved was arrived at in the normal commercial manner.

The information banner was put in place as part of the State’s 1916 Commemorations programme and in conjunction with the works undertaken by my own Department to conserve and restore the buildings and to provide a 1916 Commemorative Centre on the site. The Commemorative Centre project had adopted the proposals for which consent under section 14 of the National Monuments Act had been granted by my predecessor in 2014 following a detailed examination, including a formal Environmental Impact Assessment.

Following the recent High Court determination, arrangements are now being made to have works approved by the Court to preserve and protect the buildings carried out as soon as possible.

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