Thursday, 14 Jul 2016

Written Answers Nos 140-147

Human Rights

Ceisteanna (140)

Seán Crowe

Ceist:

140. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware that the Palestinian Centre for Human Rights has published a new report which addresses the latest developments of the state of the Gaza Strip border crossings in May 2016; that it details the devastating impact that the blockade is having on economic and social conditions in Gaza; that it refutes Israel’s claims that it has eased the closure of the Gaza Strip; that the report highlights that Israel is attempting to institutionalise the closures and blockade by making the illegal restrictions imposed on the movement of persons and goods acceptable on the international level although they violate the international law, including the international humanitarian and human rights laws; and if he will make a statement on the matter. [21770/16]

Freagraí scríofa

Minister for Foreign Affairs and Trade

I am aware of the cited report from the Palestinian Centre for Human Rights, an NGO which is supported by my Department. The report adds to the large volume of information already available on the situation in Gaza, published by UN organisations and international NGOs.

Ireland has consistently drawn attention over many years to the situation in Gaza, and the need to break the hopeless cycle of counterproductive restrictions on border movements of goods and people, punctuated by destructive episodes of serious violence. In particular, the EU has called consistently for the opening of Gaza’s borders to the normal movement of people and goods.

I discussed the situation in Gaza with the Israeli Prime Minister, Benjamin Netanyahu, and with Palestinian Prime Minister, Rami Hamdallah, during my recent visit. I also received a detailed briefing on the current situation from the UNRWA Deputy Commissioner General, Sandra Mitchell, who had that day returned from Gaza.

It is also important to recognise that Israel has legitimate security concerns about attacks from Gaza, although we do not consider that the current regime of restrictions are necessitated by or contribute to meeting those security needs. Instead, the situation in Gaza does not provide security for either Palestinians or Israelis, and it is imperative on authorities on both sides to try to find a new way forward. It was hoped that such a process might follow the Cairo conference on Gaza reconstruction in October 2016, which I attended, but so far this has not happened.

UN organisations have detailed a number of relaxations of the border controls in various ways in recent years. For example, UNRWA briefed me on the considerable progress that has been made in the reconstruction of schools and medical facilities. It would be unhelpful to deny such positive moves as there are.

However, I have also been quite clear that these measures, welcome as they have been, are not enough, and that conditions in Gaza remain unacceptable.

If Israel has been attempting to make the restrictions on Gaza “acceptable at the international level”, to use the Deputy’s phrase, although the report does not really say anything about this, they have clearly not succeeded.

Middle East Issues

Ceisteanna (141)

Seán Crowe

Ceist:

141. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is aware of the United Nations Relief and Works Agency for Palestine refugees in the Near East’s condemnation of Israel’s punitive demolitions in the Klanadia refugee camp in the occupied West Bank; that Israeli forces demolished two houses there in the middle of the night; that one of the homes belonged to a UNRWA for Palestine refugees in the Near East sanitation labourer; that punitive home demolitions are a form of collective punishment which are illegal under international law; and if he will raise the issue with his Israeli counterpart. [21771/16]

Freagraí scríofa

Minister for Foreign Affairs and Trade

My Department is aware of the case in question.

Punitive demolition of the houses of Palestinians who attacked Israelis was a practice previously discontinued by Israel after the security forces concluded it was ineffective as a deterrent. Regrettably, it was resumed on political direction in recent years, principally it would seem to demonstrate that the authorities were taking action . It is in most cases the families of the alleged attacker who are the victims of this punishment. The same measures are not carried out against the families of Israelis who engage in violent attacks.

The wave of violent attacks by some Palestinians in recent months clearly called for some security response, but as I and many other international leaders made clear, it was essential that such response be measured and discriminate. Indiscriminate measures, such as punishing the families of dead attackers, have been shown to be not just unwarranted, but also ineffective and even counterproductive.

Military Neutrality

Ceisteanna (142)

Seán Haughey

Ceist:

142. Deputy Seán Haughey asked the Minister for Foreign Affairs and Trade if Ireland's traditional policy of military neutrality is threatened by the recently signed joint European Union-North Atlantic Treaty Organisation declaration on closer co-operation; and if he will make a statement on the matter. [21779/16]

Freagraí scríofa

Minister for Foreign Affairs and Trade

EU-NATO cooperation has no implications for Ireland’s longstanding policy of military neutrality which has been pursued by successive Governments and which is characterised by non-participation in military alliances. The commitment to this policy was reconfirmed last year in the Foreign Policy review “The Global Island” and in the White Paper on Defence.

Although not a member of NATO, Ireland has long recognised the importance of practical cooperation between the EU and NATO in areas where this has added value, such as ensuring that Irish Defence Forces personnel can operate securely and effectively alongside contingents from other countries in UN-mandated peace support operations.

This is on the basis that cooperation is between two separate and autonomous organisations, and that cooperation is consistent with and does not affect our longstanding policy of military neutrality.

Co-operation between the EU and NATO takes place within the framework of the Lisbon Treaty. The legally-binding Irish Protocol to the Lisbon Treaty expressly states that “The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality”.

Last month the European Council agreed that there should be accelerated practical cooperation between the EU and NATO in selected areas. The Council conclusions stated that cooperation will take place “in full respect of the decision-making autonomy and procedures of both organisations” and will be “without prejudice to the specific character of the security and defence policy of any Member State.” These stipulations are also included in the text of the Declaration signed last week.

These provisions make clear the distinction between the two organisations and underline that there are no implications for Ireland’s military neutrality.

International Agreements

Ceisteanna (143)

Seán Haughey

Ceist:

143. Deputy Seán Haughey asked the Minister for Foreign Affairs and Trade if he is satisfied with the implementation of the European Union-Turkey deal on immigration; if the humanitarian issues arising from this agreement should be addressed; and if he will make a statement on the matter. [21780/16]

Freagraí scríofa

Minister for Foreign Affairs and Trade

The core intention of the agreement between Turkey and EU Heads of State and Government which emerged from the March European Council was to break the business model of the people smugglers who are profiting from the suffering of the vulnerable. In particular, it aimed to discourage the victims of people smugglers from risking their lives crossing the Aegean Sea. The very significant decline in the number of people attempting to cross the Aegean Sea from Turkey to the Greek Islands since this agreement entered into force, suggests that it is achieving its aims.

A critical element of EU engagement with Turkey is to assist in alleviating the suffering of those most affected by the migration crisis: those who have had to flee their homes. The EU Facility for Refugees in Turkey with its €3 billion budget is intended to ensure that the needs of refugees and host communities are addressed in a comprehensive and coordinated manner. This Facility aims to support Syrians and other refugees by providing access to food, shelter, education, and healthcare. The activities to be financed under the Facility are aimed at meeting immediate humanitarian needs, as well as long term sustainable improvements in the health, education and self-reliance of those forced to flee their homes. The monies allocated to Turkey will be ring-fenced so that finances are channelled to measures to support the refugee crisis, including to enhance basic health services, access to clean water, housing and education.

The implementation of the EU Facility for Turkey is guided by a strategic framework, agreed at the meeting of its Steering Committee on 12 May. This framework is clear that any measures which may be funded through the Facility to support the Turkish authorities in the field of migration management, and combatting irregular migration, are primarily with a view to avoiding the terrible humanitarian tragedies which we have witnessed, notably in the Aegean Sea. Ireland, as a member of the Steering Committee, will work to ensure that the Facility is used in a way which is fully compatible with this strategic framework and which respects the human rights of all concerned.

Question No. 144 answered with Question No. 133.

Departmental Staff Relocation

Ceisteanna (145)

Peter Fitzpatrick

Ceist:

145. Deputy Peter Fitzpatrick asked the Minister for Public Expenditure and Reform if he will provide clarification in respect of the 45 km rule for relocation of public servants (details supplied); and if he will make a statement on the matter. [21704/16]

Freagraí scríofa

Minister for Public Expenditure and Reform

I understand that the Deputy is referring to the proposed move of the Department of Health from Hawkins House, Hawkins Street, Dublin 2 to Baggot Street, Dublin 2.

I understand from my colleague the Minister for Health that his Department are in the planning stages of moving their headquarters to new offices in Baggot Street in early 2017 and that staff are being consulted on a regular basis.

The 45km relocation rule the Deputy is referring to was agreed in relation to the redeployment of surplus staff under the Public Service Agreements (PSA) covering the period 2010-16 (the Croke Park and Haddington Road Agreements).

As this is not a redeployment, the redeployment rules do not apply in this case. While I can empathise with the officer I would suggest that staff with concerns about the move to the Baggot Street location should make their concerns known to their management. 

Office of Public Works Properties

Ceisteanna (146)

Fiona O'Loughlin

Ceist:

146. Deputy Fiona O'Loughlin asked the Minister for Public Expenditure and Reform to provide a list of the OPW buildings in County Kildare that are not in use; and if he will make a statement on the matter. [21738/16]

Freagraí scríofa

Minister of State at the Department of Public Expenditure and Reform

The Commissioners of Public Works own and lease the following three properties in County Kildare that are currently not in use.

1. Former Garda Station, Rathangan, Co. Kildare .

The property is State-owned and under consideration for disposal.

2. Former Community Welfare Service Office, Newbridge .

This leased property became surplus to requirements following the introduction of the Intreo Programme by the Department of Social Protection (D/SP). It is proposed to surrender this property early to the landlord.

3. Office for Department of Social Protection, St. David’s House, Naas, Co. Kildare.

This leased property was vacated by the Department of Social Protection following consolidation of operations by local D/SP management. It is proposed to surrender this property early to the landlord.

Public Sector Pensions

Ceisteanna (147)

Anne Rabbitte

Ceist:

147. Deputy Anne Rabbitte asked the Minister for Public Expenditure and Reform the reason Ability West, Galway County Association is not a member of the Public Sector Transfer Network despite giving financial recognition and increments for years of service (details supplied). [21742/16]

Freagraí scríofa

Minister for Public Expenditure and Reform

The Public Sector Transfer Network allows employees to transfer service from one member organisation to another. The legislative provision for this is Section 4 of the Superannuation and Pensions Act 1963.  It provides for the transfer of pensionable service in the case of staff transfers between the Civil Service and "approved organisations", and between one "approved organisation" and another. The Act provides that the Minister for Public Expenditure and Reform may, by Statutory Instrument, designate an organisation as an "approved organisation" for the purpose of that Section.  Membership of the Transfer network is entirely voluntary and organisations may, if they wish, apply to join provided they have a pension scheme which would be considered compatible with Public Service pension arrangements and could comply with the rules of the Transfer Network.  Ability West is not currently a member of the Public Service Transfer Network.

Where a person has preserved superannuation benefits with a non-member of the Transfer Network and that scheme is prepared to pay a Transfer Value to the person's current pension scheme, the individual may be credited with service equivalent to the converted service value of the amount received using the purchase of notional service tables. This is a transfer of benefits rather than service so year-for-year credit does not apply.  If Ability West has a pension scheme and the individual in question has preserved benefits in the scheme, or indeed in a scheme with any other former employer(s), they might wish to consider pursuing this option.