Tuesday, 31 May 2016

Written Answers Nos. 216 - 240

Garda Station Refurbishment

Ceisteanna (216)

Mattie McGrath

Ceist:

216. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the status of the upgrading of Clonmel Garda station; and if she will make a statement on the matter. [13184/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, which has the responsibility for the provision and maintenance of Garda accommodation.

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy and will revert to him as soon as I have this information to hand.

Official Engagements

Ceisteanna (217)

Jonathan O'Brien

Ceist:

217. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if the Garda Commissioner has discussed the reasons for, and outcomes of, her visit to Washington in March 2016; if she informed the Minister whom she met there; and if she will make a statement on the matter. [13354/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am informed by the Garda Commissioner that she travelled to Washington on State business in March of this year. These are matters within the operational discretion of the Commissioner and I would not consider it appropriate to seek precise details of her itinerary.

Asylum Applications

Ceisteanna (218)

Thomas P. Broughan

Ceist:

218. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will amend the Refugee Act 1996 to enable persons in refugee camps fleeing persecution to initiate their asylum applications prior to arriving at the frontiers of the State; and if she will make a statement on the matter. [13384/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy is aware, section 8 of the Refugee Act 1996 (as amended) provides that any person who arrives at the frontiers of the State or any person who at any time is in the State seeking the status of a refugee may apply to the Minister for Justice and Equality for a declaration of refugee status. This provision is restated in the International Protection Act 2015, which is expected to be commenced later this year. The internationally recognised convention is that persons who are forced to flee their homeland should seek international protection in the first safe haven they encounter. The concept proposed by the Deputy would appear to suggest that persons would, in effect, select the country they wished to make application for asylum. This would be contrary to EU law, in particular the Dublin Convention, which provided that persons arriving in the EU must claim asylum in the first Member State they arrive in.

Ireland remains committed to playing its part in addressing the current migrant crisis facing Europe. In addition to accepting applications for refugee status from persons who are in or at the frontiers of the State the Government agreed, in September 2015, to establish the Irish Refugee Protection Programme and to accept up to 4,000 persons overall under the EU Resettlement and Relocation Programmes.

Question No. 219 answered with Question No. 85.

Crime Investigation

Ceisteanna (220)

Mick Wallace

Ceist:

220. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality to whom instances of female genital mutilation should be reported; if there is a mechanism for doing so anonymously; and if she will make a statement on the matter. [13393/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I can advise the Deputy that information in relation to any suspected criminal acts, including those referred to, should be reported immediately to An Garda Síochána. It is also open anyone wishing to report a crime to the Garda confidential line (Tel: [phone]), or to Crimestoppers (Tel: [phone]) both of which provide a ready means of communicating information to the Gardaí anonymously. As the Deputy will be aware, child protection concerns may be reported to Tusla, the Child and Family Agency.

Visa Applications

Ceisteanna (221)

Richard Boyd Barrett

Ceist:

221. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the length of time persons (details supplied) will be waiting for long-stay visa application in order that they can be reunited with their spouse and father. [13445/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to by the Deputy was received by the Visa Office in Dublin on the 18th of January 2016. Applications of this type are typically processed by the Dublin Visa Office within 6 months of receipt. The applicant can expect a decision by the end of July 2016.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

In addition, applicants may themselves e-mail queries directly to INIS ([e-mail]).

Residency Permits

Ceisteanna (222)

Brendan Ryan

Ceist:

222. Deputy Brendan Ryan asked the Tánaiste and Minister for Justice and Equality the steps required for a person (details supplied) to regularise their status here; and if she will make a statement on the matter. [13474/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a right of residency in the State, accompanied by the right to work, based on parentage of an Irish citizen child.

This application is under consideration at present and, as such, at this point in time, it is not possible to provide a specific indication as to when the case will be finalised.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Questions Nos. 223 to 225, inclusive, answered with Question No. 106.

Crime Levels

Ceisteanna (226)

Jim O'Callaghan

Ceist:

226. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of persons arrested and detained in 2016 to date under section 23 of the Criminal Justice (Amendment) Act 2009 which extended the scope of section 50 of the Criminal Justice Act 2007 to organised crime offences. [13486/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I wish to advise the Deputy that it has not been possible to provide the information sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will be in further contact with the Deputy upon receipt.

Family Reunification Applications

Ceisteanna (227)

Bernard Durkan

Ceist:

227. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the status of an application for family reunification in the case of a person (details supplied); and if she will make a statement on the matter. [13527/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for Family Reunification with regard to the person referred to by the Deputy.

The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Question No. 228 answered with Question No. 107.

Legislative Programme

Ceisteanna (229)

Jonathan O'Brien

Ceist:

229. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to amend the legislation on the taking of oaths and to make it fit for purpose. [13536/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The question or reform of the judicial oath is currently under consideration in my Department. As the Deputy may be aware a referendum would be required to amend the Constitutional provision in question. There are currently no plans to review statutory or any other requirements under the law in so far as they relate to oaths sworn in court by jurors or otherwise.

Prisoner Data

Ceisteanna (230)

Jonathan O'Brien

Ceist:

230. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of persons currently serving custodial or suspended sentences for drug possession; and the total prison population. [13557/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that on the 30 April 2016 there were 3,756 prisoners in custody across the prison system. Of this 381 or 10% were serving sentences for drugs related offences. It is not possible to provide the number of person on suspended sentences for drugs offences.

A full breakdown of the offences, taken from the most recent snapshot of the prison population conducted on 30th April 2016, is set out in the following table. The figures include the length of the sentence in each case.

Data from 30th April 2016	<3 Mths	3 to <6 Mths	6 to <12 Mths	1 to <2 Yrs	2 to <3 Yrs	3 to <5 Yrs	5 to <10 Yrs	10+ Yrs	Total
Cultivation of Cannabis Plants and Opium Poppy	0	0	1	1	3	7	3	0	15
Possession for sale or supply drugs valued €13,000.00 or more	0	0	0	2	5	20	38	26	91
Possession of drugs for the purpose of sale or supply	0	6	15	26	26	44	66	32	215
Unlawful possession of Drug(s)	2	3	0	4	11	15	13	6	54
Unlawful supply/offer to supply controlled drug	0	0	0	0	0	1	0	0	1
Unlawfully importing or exporting controlled drugs	0	0	0	2	0	2	1	0	5
Total	2	9	16	35	45	89	121	64	381

Professional Fees

Ceisteanna (231)

David Cullinane

Ceist:

231. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the estimated full-year savings for 2017 from reducing spending on professional fees by 10% in her Department; and if she will make a statement on the matter. [14114/16]

Freagraí scríofa

Minister for Justice and Equality (Deputy Frances Fitzgerald)

A reduction of 10% in spending on professional fees would yield an estimated full year savings of approximately €6.7m, based on past trends. It should be noted that the majority of spend on professional fees in my Department relates to legal expenses which have been subject to significant cost control measures over recent years.

Official Travel

Ceisteanna (232)

David Cullinane

Ceist:

232. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the estimated full-year saving for 2017 from reducing spending on travel by 10% in her Department; and if she will make a statement on the matter. [14130/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The nature of official travel costs are that this is driven by the varied work undertaken by my Department, including in European and international fora, and consequently it is not possible to accurately predict the outturn. All official travel is conducted in line with civil service regulations and is carefully monitored and undertaken only when absolutely necessary for official business purposes. A reduction of 10% in the cost of travel in my Department would yield approximately €90,000 in full year savings.

Legislative Programme

Ceisteanna (233)

Pearse Doherty

Ceist:

233. Deputy Pearse Doherty asked the Minister for Finance to list the Finance Bills from the 31st Dáil he intends to reinitiate; and the Bills his Department is working on, with an indicative time scale for the legislative process in each case; and if he will make a statement on the matter. [12525/16]

Freagraí scríofa

Minister for Finance

The information requested in respect of the Bills which my Department are working on is set out in the following table. Once a Bill has been published it is, of course, a matter for the Oireachtas to determine when the various stages of the legislation will be taken.

Bill	Timeframe
Taxation and Certain Other Matters (International Mutual Assistance) Bill	This Bill was submitted for pre-legislative scrutiny during the last Dáil session and is awaiting consideration by the relevant committee.
Single Resolution Board (Loan Facility Agreement) Bill	The Department is seeking Government approval to reinstate the Single Resolution Board (Loan Facility Agreement) Bill 2016 at second stage in the Dáil.
Amalgamation of the Offices of the Pensions and Financial Services Ombudsman Bill	It is anticipated that the further work required to finalise the detailed heads of Bill will be completed shortly.
Finance Bill	In early October there will be a Memo to Government. In this Memo the Minister asks the Government to (i) approve proposals for inclusion in the Finance Bill (subject to certain conditions) and (ii) authorise the Minister to circulate the Finance Bill to Deputies on a specified date.
Asian Infrastructure Investment Bank Bill	The application to join the AIIB is currently being reviewed by the AIIB and its Founding Members and the Department of Finance is in consultation with the Office of the Attorney General regarding the draft legislation. Publication of Bill is envisaged before end of 2016.

Additionally, a decision on whether or not to proceed with primary legislation has yet to be taken in respect of a Green Climate Fund Bill. In accordance with the commitment in the IFS 2020 Strategy, the Department of Finance is also working on proposals to amend the Investor Limited Partnership Act and related legislation.

Mortgage Insurance

Ceisteanna (234)

Thomas Pringle

Ceist:

234. Deputy Thomas Pringle asked the Minister for Finance if a mortgage insurance scheme for the capital amount of mortgages has operated in the past; if introducing one has been considered; and if he will make a statement on the matter. [12526/16]

Freagraí scríofa

Minister for Finance

As the Deputy will be aware, during the term of the thirty-first Dáil, the Oireachtas Joint Committee on Finance, Public Expenditure and Reform, published a report on "Mortgage Insurance in an Irish Context".  This report (at http://www.oireachtas.ie/parliament/media/committees/finance/Report-Mortgage-Insurance-Final---Copy.pdf) outlined, inter alia, the recent history of mortgage insurance in the Irish market and noted that, for a variety of reasons, the utilisation of such insurance has declined over time. In terms of the future development of mortgage insurance, this is a matter that will have to be considered in the context of the Government's overall policy on housing and also in the context of the Central Bank's macro prudential framework for residential mortgage lending. In that context, in the Programme for a Partnership Government the Government has committed itself to work with the Central Bank, as part of its upcoming review of its mortgage lending limits, to develop a new "Help to Buy" scheme to ensure availability of adequate, affordable mortgage finance or mortgage insurance for first time buyers as new housing output comes on stream.

Stability and Growth Pact

Ceisteanna (235, 236, 237)

Pearse Doherty

Ceist:

235. Deputy Pearse Doherty asked the Minister for Finance the minimum percentage improvement that was required to the structural balance for 2015 under the European Union fiscal rules; and the outturn of the 2015 percentage improvement to the structural balance. [12538/16]

Pearse Doherty

Ceist:

236. Deputy Pearse Doherty asked the Minister for Finance the minimum percentage improvement required to the structural balance for 2016 under the European Union fiscal rules; and the percentage improvement he is forecasting to the structural balance for 2016. [12539/16]

Pearse Doherty

Ceist:

237. Deputy Pearse Doherty asked the Minister for Finance the minimum percentage improvement required to the structural balance for 2017 under the European Union fiscal rules; and the percentage improvement he is forecasting to the structural balance for 2017. [12540/16]

Freagraí scríofa

Minister for Finance

I propose to take Questions Nos. 235 to 237, inclusive, together.

In accordance with the Council Recommendation, dated 7 December 2010, as part of an Excessive Deficit Procedure (EDP), Ireland was required to reduce its headline general government deficit to at least 2.9% by 2015. To ensure sufficient progress towards this objective, annual targets were set for the headline deficit between 2010 and 2015. The Council Recommendation did not specify annual targets for the structural balance for Ireland, although a cumulative structural improvement over 2011 to 2015 was required. The 2016 Stability Programme Update, published 27 April, included an estimate that the structural balance improved by 0.9 percentage points (pp) of GDP in 2015. Outturn data show that Ireland has reduced its headline deficit to 2.3 % of GDP in 2015 (or 1.3 % of GDP on an underlying basis). On this basis, the European Commission has issued a recommendation for a Council Decision to abrogate Ireland's EDP procedure.

Following our exit from the EDP, Ireland will be subject to the preventive arm of the Stability and Growth Pact. Under the preventive arm, the required minimum pace of structural budgetary adjustment is predetermined on the basis of cyclical conditions in Member States. In both 2016 and 2017, Ireland is required to deliver an improvement of 0.6pp in the structural balance of GDP, as required under 'normal' cyclical conditions. These requirements have been set or 'frozen' on the basis of European Commission estimates of the output gap for these years outlined its Spring forecast exercise conducted in 2015 and 2016 respectively.

On an ex-ante basis, for 2016, my Department projects an improvement in the structural balance of 0.4pp of GDP. While this is below the required improvement, the deviation of 0.2pp of GDP is not considered significant in the fiscal framework. Furthermore, on the basis of its analysis contained in its assessment of our Stability Programme Update, the Commission deems Ireland to be compliant in 2016 on an ex-ante basis with the second pillar of assessment considered under the preventive arm the expenditure benchmark. On a no-policy change basis, as set out in the Stability Programme Update, my Department projects a structural budgetary improvement of 1.2 per cent of GDP for 2017.

Home Renovation Incentive Scheme

Ceisteanna (238)

Róisín Shortall

Ceist:

238. Deputy Róisín Shortall asked the Minister for Finance the funding or tax reliefs available to a person to deal with the continuous blockage and overflow of sewerage pipes in a private garden. [12548/16]

Freagraí scríofa

Minister for Finance

Some assistance for the relevant householders may be provided by the Home Renovation Incentive, which was introduced in Budget 2014. The scheme came into operation on 25 October 2013 and is scheduled to run until 31 December 2016. The incentive provides income tax relief for homeowners by way of a tax credit at 13.5% of qualifying expenditure incurred on repair, renovation or improvement work carried out on a principal private residence. 

Qualifying works are works which are subject to the 13.5% VAT rate. These works must cost a minimum of €4,405 (exclusive of VAT) which will attract an income tax credit of €595. Different types of qualifying works can be amalgamated in order to reach the minimum threshold. Where the cost of the work exceeds €30,000 (exclusive of VAT), a maximum income tax credit of €4,050 will apply. The credit is payable over the two years following the year in which the work is carried out.

Funding, other than via tax reliefs, for such works would not be a matter for my Department.

Excessive Deficit Procedure Administration

Ceisteanna (239)

Pearse Doherty

Ceist:

239. Deputy Pearse Doherty asked the Minister for Finance if, with regard to the recent announcement that Government expenditure in 2015 has been revised up by €1.5 billion, reflecting a reclassification of State transactions with a bank (details supplied) which therefore raises the expenditure benchmark, he can confirm this raises the benchmark; the departmental and corresponding figures he intends to allocate this additional spending power to in 2016 and 2017; and if he will make a statement on the matter. [12554/16]

Freagraí scríofa

Minister for Finance

When reporting the Excessive Deficit Returns for 2015 in April, the CSO highlighted that Eurostat had made a determination during the clarification process that the conversion of the AIB preference shares to ordinary shares was to be treated as a capital transfer (expenditure) rather than a reinvestment of capital. This increased the general government expenditure for 2015 on a one-off basis by c.€2.1 billion and worsened the general government deficit for 2015 by about 1% of GDP. Excluding this one-off transaction, the deficit was 1.3% of GDP.

Compliance with the expenditure benchmark is calculated by comparing the year-on-year change in general government expenditure, excluding certain items such interest expenditure, and there is no provision for the exclusion of one-off transactions. As a result, the general government expenditure outturn for 2015 does mean that there is a significant buffer now built into the calculation of Ireland's compliance with the expenditure benchmark in 2016.

However, as the Deputy is aware, the expenditure benchmark is only one of the two pillars used to assess compliance with the preventive arm of the Stability and Growth Pact. The second pillar is the balanced budget rule, which requires a Member State to move towards its medium-term budgetary objective or MTO in accordance with its adjustment path. The MTO is set in structural terms, which means it excludes the effects of the economic cycle and one-off transactions, such as the AIB transaction in 2015.

In assessing compliance with the preventive arm of the SGP, the European Commission undertakes an overall assessment based on both pillars.  Given the one-off issue, it is possible that the Commission will place greater emphasis on the structural balance pillar for 2016 and not the expenditure benchmark as would normally be the case. With regard to 2017, the AIB transaction will have no effect as compliance with the expenditure benchmark will be measured by reference to the level of expenditure in 2016.

The Deputy should be aware that I and my colleague, the Minister for Public Expenditure and Reform, Pascal Donohoe T.D., will be publishing the Summer Economic Statement on behalf of the Government in mid-June and it will contain updated fiscal forecasts for, inter alia, 2016.

NAMA Accounts

Ceisteanna (240)

Pearse Doherty

Ceist:

240. Deputy Pearse Doherty asked the Minister for Finance the date on which he will make National Asset Management Agency's 2015 management accounts available to the public; and the reason for the delay in their release, given that his Department received the 2015 accounts two months ago. [12628/16]

Freagraí scríofa

Minister for Finance

I would wish to point out that I received NAMA's 2015 Annual Report and Accounts on 12th May 2016. This is less than 3 weeks ago, rather than the two months suggested by the Deputy.

As the Deputy will be aware, NAMA is required to submit its annual accounts to me following the Comptroller and Auditor General's (C&AG) audit of those accounts. Thus, prior to submitting to me, NAMA is required to submit its accounts to the C&AG for auditing within two months of year end. Given the extent of information which NAMA is required to prepare, as prescribed by Section 54 of the NAMA Act, and the subsequent comprehensive audit carried out by the C&AG, I do not see the above lead time as extensive.

My intention is to lay the Annual Report and Accounts before the Houses of the Oireachtas, and in doing so make them available it to the public, on Wednesday 8th June 2016, coinciding with NAMA's formal launch of the Report. This publication date is in line with the turnaround of previous Annual Reports and Accounts and, therefore, there has been no delay in the release.

In the interim, I would refer the Deputy to NAMA's 2015 Year End Review, which gives an overview of last year's key figures, highlights and achievements. This update was published on 5th January 2016 and is available on the NAMA website via: https://www.nama.ie/fileadmin/user_upload/NAMA_End_of_Year_Review_2015_-_Press.pdf

In referencing management accounts being received by my Department two months ago, the Deputy may be referring to NAMA's Report and Accounts for Q4 2015, which were received on 31 March 2016. These unaudited quarterly reports and accounts are required to be submitted to me, by NAMA, within 3 months after the end of the relevant quarter. I, as Minister, lay the reports before the Houses shortly thereafter - usually within a matter of weeks. However, as has been the practise in previous years, NAMA's 2015 Q4 accounts are to be published at the same time as the Annual Report on 8th June 2016.

I trust this reassures the Deputy that the publication of NAMA's 2015 Annual Report and Accounts has not been delayed, while also outlining the difference between NAMA's Annual and Quarterly Accounts.