Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 22 Nov 2016

Written Answers Nos. 98-119

Family Income Supplement

Ceisteanna (101)

Richard Boyd Barrett

Ceist:

101. Deputy Richard Boyd Barrett asked the Minister for Social Protection if he will protect the family income supplement payment from all means testing across all Departments, including for local authority rent; and if he will make a statement on the matter. [36047/16]

Amharc ar fhreagra

Freagraí scríofa

The Family Income Supplement (FIS) is an in-work support which provides an income top-up for low paid employees with children. FIS is designed to tackle child and family poverty and to offer a financial incentive to take-up employment as compared to social welfare payments. There are over 56,000 families with over 124,000 children in receipt of FIS. The estimated spend on FIS this year is approximately €410 million.

For the purposes of weekly means tested social assistance payments, such as jobseeker’s allowance, one-parent family payment and disability allowance, Social Welfare legislation provides that any FIS payments to the relevant family are not assessable as means.

In relation to other Government Departments, the types of income, which are taken into account for assessing means for their purposes is a matter in the first instance for those Departments.

However, I am advised by the Department of Health that income from FIS is not taken into account in the assessment for a medical card or GP card.

The making and amending of rent schemes is the responsibility of local authorities as an integral part of their housing management functions, subject to broad principles laid down by the Department of Housing, Community and Local Government.

I have been advised that considerable work has been carried out by the Department of Housing, Planning, Community and Local Government in developing a draft framework for a harmonisation of the approach to be taken by local authorities in regard to various aspects of rent schemes. The proposals are currently being reviewed in light of the broader commitment given in Rebuilding Ireland, the Action Plan for Housing and Homelessness to review the disparate systems of differential rent in place across local authorities. This review will be completed by the end of Quarter 2 2017.

Question No. 102 answered with Question No. 67.

Disability Allowance Eligibility

Ceisteanna (103)

Margaret Murphy O'Mahony

Ceist:

103. Deputy Margaret Murphy O'Mahony asked the Minister for Social Protection the way in which his Department plans to support persons with disabilities into employment in view of the recently published disability allowance survey 2015; and if he will make a statement on the matter. [35936/16]

Amharc ar fhreagra

Freagraí scríofa

The overall objective of the 2015 Disability Allowance Survey was to inform the design of supports and interventions which will assist people in receipt of the allowance to participate in the labour force according to their capacity. In doing so, the survey explored the work experience and ambitions of disability allowance (DA) recipients. The survey found that 13% of DA recipients are currently working (part-time or full-time) while 31% had never worked. 56% of respondents stated they had previously worked (full-time or part-time) but were not currently working. The survey also asked those who are not currently working to give an indication of their employment ambitions given the right supports. Of those who completed this question, 35% expressed an interest in working part time, while 8% expressed an interest in full time employment.

The survey, undertaken as part of my Department’s commitments under the Comprehensive Employment Strategy (CES), also explores disability allowance recipients’ experience and ambitions in four key areas: education level and ambitions; work experience and ambitions; supports which would be helpful to achieve employment ambitions and barriers to achieving employment ambitions. In addition, the survey explores recipients’ self-declared health status. The survey will provide considerable assistance to my Department and the Comprehensive Employment strategy overall in the management and development of supports and services to help persons with disabilities find and maintain employment where this is appropriate and voluntary.

In addition to the DA payment, my department manages a number of specific supports and measures to support people with disabilities in moving into employment. These include the wage subsidy scheme, which is targeted at employers to encourage employment of people with disabilities and the EmployAbility service, which supports people with disabilities who wish to work through the provision of a dedicated job coach. The department also provides a range of grants under the reasonable accommodation fund, which comprises employment supports to assist people with disabilities to access and progress in employment.

Moreover, people with a disability in receipt of social welfare income supports who work can retain a portion of their payment. For example, if a person’s doctor recommends that the work is of a rehabilitative or therapeutic nature, recipients of DA can work and earn €120 per week without affecting the rate of DA being paid, while if the weekly earnings are between €120 and €350, fifty per cent of the earnings will be disregarded in the DA means test. The results from the DA survey show that some 10% of recipients avail of this provision.

For people who are in receipt of invalidity pension or who have been in receipt of illness benefit for a minimum of six months, the partial capacity benefit scheme provides an opportunity for persons to take up employment and continue to receive an ongoing portion of their weekly social welfare payment, including any increase being paid in respect of a qualified adult or qualified children.

Under the Comprehensive Employment Strategy (CES) for people with disabilities, the Department is progressively rolling out its full Intreo service to people with disabilities who wish to avail of the service on a voluntary basis. People with disabilities who present at INTREO service offices will be offered an interview by a case officer who will agree suitable personal progression plan with the individual and record the action plan for the person on the case management system. In addition, relevant officers in INTREO Centres have received training, to enable them to interact effectively with people with disabilities.

In addition, an interdepartmental group was established under the CES to review and make recommendations on making work pay for people with disabilities. The research afforded by the DA Survey formed an important input into the work of this group and to the formulation of strategy generally in this area.

The interdepartmental working group is currently completing its examination of this complex area and is due to present its report to Government before the end of the year.

State Pension (Contributory) Eligibility

Ceisteanna (104)

Bríd Smith

Ceist:

104. Deputy Bríd Smith asked the Minister for Social Protection if he will review the impact on recent retirees, who are qualified for the contributory State pension, of the way the homemaker scheme years are calculated; and if he will make a statement on the matter. [36057/16]

Amharc ar fhreagra

Freagraí scríofa

The State pension contributory is a very valuable benefit and is the bedrock of the Irish pension system. Therefore, it is important to ensure that those qualifying have made a sustained contribution to the Social Insurance Fund over their working lives. To ensure that the individual can maximise their entitlement to a State pension, all contributions paid or credited over their working life from when they first enter insurable employment until pension age are taken into account when assessing their entitlement and the level of that entitlement.

Since 1961, when contributory pensions were introduced, the average contributions test has been used in calculating the rate of pension entitlement. Entitlement is banded, with the maximum rate payable to those with a yearly average of 48-52 contributions, and the minimum rate payable to those with a yearly average in the range of 10-14 contributions per year. Even if someone has only 10 years (520 weeks) of paid reckonable contributions between their 16th and 66th birthdays, they would generally qualify for a State pension (contributory), although the rate payable would vary depending on their circumstances, and it will not always be their most advantageous payment to claim.

The homemaker’s scheme was introduced in 1994 to make qualification for State pension contributory (SPC) easier for those who take time out of the workforce for caring duties. The scheme allows up to 20 years spent caring for children under 12 years of age, or incapacitated people, to be disregarded when a person’s social insurance record is being calculated for pension purposes. The effect of this is to reduce the number of years by which the person’s contributions are divided, thereby increasing their yearly average, making it easier for them to qualify for a maximum rate SPC. It does not involve the award of credits.

My Department reviews these and other provisions on an ongoing basis and has estimated that the cost of extending the Homemakers scheme to allow people to avail of the full 20 years currently allowed under the scheme, encompassing periods prior to 1994, could cost €290m in 2017. This figure would increase in subsequent years.

Where people who were unattached to the labour market during most of their adult lives cannot qualify for a contributory pension in their own right as they have paid few or no contributions, or cannot qualify for a full rate as a result of an intermittent PRSI record, the social protection system provides alternative methods of supporting such pensioners in old age. Therefore, if their spouse has a contributory pension, they may qualify for an Increase for a Qualified Adult amounting up to 90% of a full rate pension, which by default is paid directly to them. Alternatively, they may qualify for a means-tested State Pension (non-contributory), amounting up to 95% of the maximum contributory pension rate.

The National Pensions Framework (2010) proposed that a “Total Contribution Approach” (TCA) should replace the yearly average approach, for new pensioners from 2020. The aim of this approach is to make the rate of contributory pension more closely match contributions made by a person. Officials of my Department are currently working on the detailed development of the TCA with a view to making proposals for consideration in the first half of next year. It’s worth noting that this is a very significant reform with considerable legal, administrative, and technical elements in its implementation. An important element in the final design of the scheme will be the position of people who have gaps in their contribution records for various reasons, and this factor is being considered very carefully in developing this reform.

I hope this clarifies the matter for the Deputy.

Cabinet Committee Meetings

Ceisteanna (105, 106)

Micheál Martin

Ceist:

105. Deputy Micheál Martin asked the Taoiseach when the Cabinet committee on transport last met. [36010/16]

Amharc ar fhreagra

Micheál Martin

Ceist:

106. Deputy Micheál Martin asked the Taoiseach when the Cabinet committee on communications last met. [36011/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 105 and 106 together.

The Cabinet Committee on Infrastructure, Environment and Climate Action last met on 25 October 2016. The Committee drives the development and delivery of key infrastructure and associated policy, in support of sustainable economic growth, job creation, de-carbonisation and a better quality of life.

In conjunction with other relevant committees, it provides political oversight for the timely implementation of infrastructure measures in the Programme for Partnership Government, including transport and communications.

Taoiseach's Meetings and Engagements

Ceisteanna (107)

Gerry Adams

Ceist:

107. Deputy Gerry Adams asked the Taoiseach if he will report on his meetings with church leaders and faith communities. [36016/16]

Amharc ar fhreagra

Freagraí scríofa

Like public representatives generally, I meet church leaders informally from time to time in the course of attending official or public events. This year in particular, with the 1916 commemorations, I have attended many events that have also been attended by representatives from various religious groups.

As Taoiseach in the previous Government I met with representatives from the Catholic Church, Church of Ireland, the Jewish community, the Islamic community, Atheist Ireland and the Humanist Association of Ireland as part of the Structured Dialogue Process. I also met an ecumenical delegation of European Churches in the context of Ireland's Presidency of the Council of the European Union in 2013.

I have reported to the House on all the meetings I have held under the Structured Dialogue Process in replies to various Parliamentary Questions since 2013, most recently on the 2 February and 15 June 2016. I have not held any meetings under the Structured Dialogue Process since the General Election.

Commissions of Investigation

Ceisteanna (108)

Michael McGrath

Ceist:

108. Deputy Michael McGrath asked the Taoiseach the costs incurred to date under headings such as office accommodation, legal expenses, salaries and so on for each commission of investigation formally established since 2012 by his Department; the estimated final cost; the expected completion date of the commission. [35651/16]

Amharc ar fhreagra

Freagraí scríofa

I am the specified Minister under the Commissions of Investigation Act 2004 in relation to two Commissions of Investigation that have been established since 2012, the Fennelly Commission which was established in April 2014 and the Irish Bank Resolution Corporation (IBRC) Commission which was established in June 2015. Details of the costs incurred by the Commissions to the end of October 2016 are set out in the following table.

Total Cost

Rent

Legal Expenses

Salaries

Fennelly Commission

€2,758,762

Nil

€1,554,563

€907,538

IBRC Commission

€1,156,192

€236,160

€344,987

€303,722

Subject to section 6 (6) of the Commissions of Investigation Act 2004 the Fennelly Commission's final report is due to be completed by the end of 2016 and the IBRC Commission's final report on the initial module of its investigation in relation to the Siteserv transaction is due to be completed by the end of 2017.

The total cost of the Fennelly Commission is provisionally expected to be €3.5 million approximately. The total cost of the IBRC Commission to the end of 2017, excluding the cost of any litigation that may arise, is estimated at an approximate cost in excess of €10 million.

Pension Provisions

Ceisteanna (109)

Michael McGrath

Ceist:

109. Deputy Michael McGrath asked the Taoiseach the details of all pension top-ups paid in respect of chief executives of semi-State companies under the aegis of his Department including the name of the organisation; the name of the chief executive; the amount of the top-up; the date of payment; if the top-up was approved by his Department in each of the years 2011 to 2015 and in 2016 to date, in tabular form; and if he will make a statement on the matter. [35886/16]

Amharc ar fhreagra

Freagraí scríofa

There are no Semi-State companies under the aegis of my Department.

Superannuation Schemes

Ceisteanna (110)

Jim Daly

Ceist:

110. Deputy Jim Daly asked the Taoiseach the number of applications that have been refused for injury warrants under the Superannuation Acts since 1995 within his Department. [35992/16]

Amharc ar fhreagra

Freagraí scríofa

My Department has had no applications for injury warrants under the Superannuation Acts since 1995.

Departmental Functions

Ceisteanna (111)

Darragh O'Brien

Ceist:

111. Deputy Darragh O'Brien asked the Taoiseach if a Brexit sub-committee has been established in his Department; if so, when the sub-committee was convened; the number of times the sub-committee has met; and the number of members on the sub-committee [36211/16]

Amharc ar fhreagra

Freagraí scríofa

The Cabinet Committee on Brexit has met three times to date, on 8 September, on 19 October and on 7 November, for in depth discussion of the issues arising from the UK decision to leave the European Union. The Cabinet Committee will meet next on 24 November.

The Committee oversees the overall Government response, including both the economic impact and the negotiations at EU level and with the administrations in London and Belfast.

The Government response to Brexit is also discussed at the meeting of the Government and also at their Cabinet Committee meetings.

The Cabinet Committee will continue to meet on a regular basis to deal with Brexit related issues. Brexit has been a matter of regular and detailed consideration by Government for some time, both in advance of the UK EU Referendum and since.

Membership of the Cabinet Committee is as follows:-

Taoiseach (chair)

Tánaiste and Minister for Justice and Equality

Minister for Finance

Minister for Social Protection

Minister for Foreign Affairs and Trade

Minister for Public Expenditure and Reform

Minister for Agriculture, Food and the Marine

Minister for Communications, Climate Action and Environment

Minister for Transport, Tourism and Sport

Minister for Jobs, Enterprise and Innovation

Minister of State for European Affairs, Data Protection and the EU Single Digital Market

Minister of State for Financial Services, eGovernment and Public Procurement

Other Ministers will attend on occasion when appropriate.

Disability Support Services

Ceisteanna (112)

John Lahart

Ceist:

112. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality her plans on ratifying the Convention on the Rights of Persons with Disabilities, which was adopted by the UN General Assembly in 2006; and if she will make a statement on the matter. [35780/16]

Amharc ar fhreagra

Freagraí scríofa

Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. 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 commenced its second stage reading in the Dáil on 5 October. 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 underway on drawing up the 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. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department's website. The Bill is at the final stages of drafting and while I am not in a position to give an exact date, I expect to publish the Bill very shortly so as to facilitate early ratification of the Convention.

Traveller Community

Ceisteanna (113)

Bobby Aylward

Ceist:

113. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality when formal State recognition will be provided to the Traveller community as an ethnic group, in line with a previous statement by the Attorney General in July 2015 that no impediment exists in respect of same; and if she will make a statement on the matter. [35798/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware from my response to previous questions on this issue, 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 in Ireland. 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) is currently underway. This process will provide a new set of specific, cross-Departmental actions that need to be taken to bring about a real improvement in quality of life for Travellers and Roma. I am due to meet with the National Traveller and Roma Inclusion Strategy Steering Group in the coming weeks with a view to finalising the new National Traveller and Roma Inclusion Strategy shortly.

The issue of recognition of Travellers as an ethnic group is being considered in the context of the development of the Inclusion Strategy. As the Government's legal adviser, the Attorney General does not make statements on policy issues and has not done so in relation to this matter.

I have had a long standing interest in this area, most notably through my chairing of the Joint Oireachtas Committee on Justice, Defence and Equality when it produced its report on the Recognition of Traveller Ethnicity (April 2014). When I spoke earlier this year at the Traveller Pride awards, I stressed that we need to broaden the discussion on this issue. The debate needs to be taken forward in an inclusive way. My officials and I are currently working to advance this issue with national Traveller organisations in this regard.

Valuation Office

Ceisteanna (114)

Maurice Quinlivan

Ceist:

114. Deputy Maurice Quinlivan asked the Tánaiste and Minister for Justice and Equality the number of properties in Limerick city and county council area on 15 November 2016 that remain unvalued in view of the fact they have not been valued by the Valuation Office. [35894/16]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Acts 2001- 2015 and the making of valuations for rating purposes is his sole responsibility. I, as Minister for Justice and Equality, have no function in decisions in this regard. Under the valuation legislation, the Commissioner has overall responsibility for the maintenance of valuation lists of all commercial properties in the State which are used by Local Authorities in the calculation of rates due from individual ratepayers. This is done by using two statutory valuation processes known as "revaluation" and "revision".

Firstly, revaluation is a process where all rateable properties in a Local Authority area are valued periodically by reference to a single valuation date. After the first revaluation of a Local Authority area is completed, revaluation is then scheduled to take place every five to ten years to reflect changes in economic circumstances since the last revaluation took place. Revision, on the other hand, is intended to reflect structural changes to individual properties or the addition to the valuation lists of new properties between revaluations. It is accepted that the valuation element of the rating system should have both a comprehensive revaluation and revision programme running in tandem.

The national revaluation programme currently underway is the first general revaluation of all commercial property in the state since the middle of the 19th century and has priority status in the work of the Valuation Office. It is a very significant undertaking and involves the valuation of some 146,000 commercial rateable properties. Completing the first revaluation and getting properties in every Local Authority area onto the 5-10 year cycle of revaluations provided for in the legislation represents a sea-change for the valuation system. As part of the national revaluation programme, the revaluation of all commercial properties in the Limerick City and County rating authority area was completed in December 2014 when certificates of valuation were issued to over 6,700 commercial and industrial ratepayers. The new valuations took effect from 1 January 2015 and have formed the basis for commercial rates since then.

While the revaluation work has been underway, the Valuation Office has continued to carry out revision work and, during 2015, some 5,438 applications for revision were processed nationwide. Also, any backlog of revision work is cleared during the revaluation of a local authority area. As already mentioned, revision of valuation is the process by which the valuation lists are maintained between revaluations and reflects changes to property of a structural nature and the addition to the valuation lists of new properties.

The number of applications for revision of valuation in respect of the Limerick City and County rating authority area which are currently on hands and awaiting assignment to valuers in the Valuation Office is 198, of which 105 have been received within the last 6-month period. In addition, there are 35 cases currently being actively processed to completion. I am informed that all of the Limerick revision applications awaiting assignment to valuers relate to properties already on the valuation list and consist of properties that have been demolished, sub-divided, amalgamated or extended and would also include some applications for removal on the basis of exemption from rates. I am also informed that none of the applications awaiting assignment relate to newly built properties.

It has been a priority for the Valuation Office to enter into collaborative arrangements with all Local Authorities including the Limerick City and County Council, to ensure that an efficient and effective revision programme can be conducted on an ongoing basis. To this effect, the Commissioner has implemented a number of initiatives to enhance the capacity of the Valuation Office to deliver a high-quality and timely revision service. To that end, several improvements have already been put in place in recent times. For example, the Office has recently carried out a revision pilot project involving four local authorities which was designed to improve data exchange with local authorities in general. Following the conclusion of the pilot project, this approach is now being rolled out to all local authorities and online services have been enhanced to facilitate more effective data exchanges between those bodies and the Valuation Office.

The Valuation Office recently commissioned a review of its revaluation and revision processes. That review made a number of recommendations in line with best international practice based on methodologies and processes for handling statutory valuation work in other jurisdictions. These recommendations will now form the basis of an implementation plan being put in place by the Valuation Office. The review also proposed establishing a separate, permanently resourced, Revision Unit responsible for the processing of revision work and the ongoing assessment of properties falling under this category. Following the receipt of a business case by the Valuation Office seeking the provision of additional funding to allow for the establishment of a dedicated resource to deal specifically with the ongoing revision programme, I was pleased to be in a position to announce as part of the recent budgetary provisions, the allocation of an additional €750,000 to the Valuation Office during 2017 for this purpose. This development, which will involve the appointment of a number of additional staff, in tandem with the rollout of improved online facilities and enhanced processes and procedures, is specifically intended to address backlogs in conducting revision assessments and to enable the Valuation Office to provide timely and high quality revision services to all Local Authorities including Limerick City and County Council and to ratepayers into the future.

Direct Provision System

Ceisteanna (115)

Ruth Coppinger

Ceist:

115. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality the steps she has taken to make reforms of the direct provision system in view of the programme for Government commitment to reform the system; if she will consider the ending of the direct provision system for asylum seekers; and if she will make a statement on the matter. [35723/16]

Amharc ar fhreagra

Freagraí scríofa

While the operation of the system of State provided accommodation and the direct delivery of services such as education and health to residents therein is kept under continual review, there are no plans to replace it with any other system at present.

This is a system which facilitates the State providing the essential and necessary accommodation and related services to all in the protection process and which has provided accommodation to more than 56,000 people since its establishment. It allows the State to provide such accommodation in a manner that facilitates resources being used in the most economic means possible while also delivering services (such as education and health) directly to those within the system.

The Report of the Working Group on Improvements to the protection process including Direct Provision and Supports to Asylum Seekers provides a template for the development and improvement of a wide range of services being delivered to those seeking international protection.

One of the key recommendations of the Report was the introduction of a single application procedure in the protection process. The International Protection Act 2015 provides for such a procedure. My Department is currently preparing all of the steps necessary to commence the Act which responds to some 26 of the Working Group’s recommendations and can be expected to positively address the crucial issue of the length of time that applicants spend in the protection process and by extension in State provided accommodation.

On this particular point, significant efforts have been made to deal with those who are longest in the system and at this stage the vast majority of those who are over 5 years in the system and who do not have any impediments to progress, such as pending judicial challenges, have now had their cases processed to completion. This has been a key achievement that has had a real impact on many people and families in the protection process.

A transition Task Force was established in 2015 and put in place important supports to facilitate people with status moving into and integrating with the community. The Task Force reported that 87% of people granted status had moved into the wider community within six months.

Tangible progress in improving the daily lives of asylum seekers living in State provided accommodation while their application is being processed is also being made. In January last, the former Tánaiste announced an increase to the Direct Provision Allowance for children, the first such increase since the introduction of the payment some sixteen years ago. Prescription fees for all those in receipt of the Direct Provision allowance, including children, have also been waived. The Minister for Education and Skills has also announced a second year of their pilot support scheme for students in the protection system for the academic year 2016/2017.

The Reception and Integration Agency (RIA) of my Department, which is responsible for the management and administration of accommodation and ancillary services to protection applicants in State provided accommodation, is actively progressing the implementation of other recommendations in the Report around access to cooking facilities and the increase in living space for those who avail of State provided accommodation. Pilot projects are being established and undertaken in a number of centres to realise these objectives and ensuring that those residing in the State provided accommodation continue to be treated with respect and dignity.

RIA are also working on the development of standards for the provision and maintenance of services in accommodation centres, enhancing the complaints mechanisms for residents of those centres and the provision of ongoing diversity and equality training and awareness programmes across all centres.

Courts Service

Ceisteanna (116)

Clare Daly

Ceist:

116. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of reports under section 36(2) of the Courts Act 1961 that have been received in each of the years from 2001 to date in 2016. [35743/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Courts are, subject to the Constitution and the law, independent in the exercise of their judicial functions. Section 36(2) of the Courts (Supplemental Provisions) Act, 1961 provides that, for ensuring the prompt and efficient discharge of the business of the District Court in the several districts thereof, where it appears to the President of the District Court that the conduct of a justice of the District Court is prejudicial to the prompt and efficient discharge of the business of that Court, he shall investigate the matter and may report the result of the investigation to the Minister. It also provides that in the course of an investigation under this subsection, the President shall consult the justice concerned. I understand that there have been no reports received by my Department under section 36(2) of the Courts (Supplemental Provisions) Act 1961 for the years 2001 to date in 2016.

The Deputy will also be aware that the current Legislation Programme includes the Judicial Council Bill which will establish a Judicial Council in order to provide an effective mechanism for dealing with complaints against judges. This Bill is among those Bills whose publication this Session is a priority. As well as providing for the establishment of a Judicial Council and Board of the Council that will promote excellence and high standards of conduct by judges, the proposed Bill aims to provide a means of investigating allegations of judicial misconduct in the form of a Judicial Conduct Committee, which will have lay representation.

Direct Provision Data

Ceisteanna (117)

Peter Burke

Ceist:

117. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality if she will provide information on a direct provision centre (details supplied); and if she will make a statement on the matter. [35744/16]

Amharc ar fhreagra

Freagraí scríofa

The Reception & Integration Agency (RIA) of my Department is responsible for the provision of full board accommodation and certain ancillary services to protection applicants in accordance with the Government policy of direct provision. Aside from full board accommodation services provided by RIA, other services, including health and social services, are directly provided for example through the HSE, local schools, community welfare supports and child welfare and associated supports. As access to statutory services for protection applicants is mainstreamed, residents of RIA accommodation centres engage with these services in the same way as Irish citizens and there is no requirement therefore for a contract to underpin service provision.

The Deputy will be aware that Section 19 of the Refugee Act of 1996 (as amended) requires the State to take all practical steps to ensure that the identity of protection applicants is kept confidential. Bearing this in mind, some of the details requested by the Deputy can be found below.

The official address of the Athlone Accommodation centre is Lissywollen, Ballymahon Road, Athlone, Co. Westmeath.

Campbell Catering Ltd, t/a Aramark Ireland currently hold the contract for the management of the centre. There are currently 185 persons residing there comprising 46 children and 139 adults.

As previously outlined, access to primary and post primary education for children of protection applicants residing in State provided accommodation is mainstreamed. Therefore, these children have the same access to primary and post primary education as the wider community and parents apply for schools of their choice in the same manner as residents in the wider community. Transport to schools is arranged for school going residents via the school bus scheme provided by Bus Éireann on behalf of the Department of Education and Skills.

There is a rigorous inspection system in place in which each centre is inspected three times a year, twice by RIA staff and once by an independent inspection company, QTS Limited. In addition, to ensure transparency in relation to standards in centres, all completed inspection reports of centres undertaken since 1 October 2013 are published on the RIA website - www.ria.gov.ie. Centres are also subject to inspection by various other State agencies including, for example, Environmental Health Officers.

Extensive and detailed information on the amount paid by my Department to each company contracted to provide accommodation every year up to and including 2013 can be found on the RIA website under the 'Contract Values 2000 - 2013 inclusive (January 2016)' section of the website. The Deputy will appreciate that it is not appropriate to provide values for current contracts entered into by my Department. Negotiations take place with a number of commercial entities on an ongoing basis with a clear focus on achieving the best value for money in respect of each contract. It is not in the interests of yielding best value for the taxpayer that details of current individual contracts are made available to other commercial bodies that are, or may be in the future, engaged in these negotiations.

Procedures are in place in each centre, including the accommodation centre in Athlone, to facilitate the residents in receiving visitors. These procedures vary by centre to accommodate local arrangements including the protection and safety of all residents.

Garda Operations

Ceisteanna (118)

Pearse Doherty

Ceist:

118. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the action she or An Garda Síochána has taken with regard to the case pertaining to her reply to a person (details supplied) of 11 January 2016; and if she will make a statement on the matter. [35748/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, investigations in relation to criminal acts are properly dealt with by An Garda Síochána in the first instance and I, as Minister, have no role in relation to the conduct of particular Garda investigations. Similarly, the decision on whether or not to prosecute in a particular case rests solely with the Director of Public Prosecutions, and it is not open to me intervene in this regard. However, to be of assistance, I have asked the Garda authorities for a report on the matter and I will contact the Deputy directly when the report is to hand.

The following deferred reply was received under Standing Order 42A

I refer to your recent Parliamentary Question (No. 118 of 22 November 2016) where you sought:

"....the action she or An Garda Síochána have taken with regard to the case pertaining to her reply to a person (details supplied) of 11 January 2016......"

As you will recall, the requested information could not be obtained in the time available and I undertook to contact you again when the Garda report was to hand.

I have been informed by the Garda authorities that these matters arose many years ago and have been the subject of civil court proceedings. I am also advised that, more recently, Gardaí have been in contact with the person in question but no statement of criminal complaint has been made to An Garda Síochána. In these circumstances it does not appear that An Garda Síochána can offer any further assistance to the person.

As I outlined in my original reply to you, it is not open to me, as Minister, to intervene in such matters. However, the person in question may wish to consider seeking independent legal advice in relation to his concerns.

Garda Station Closures

Ceisteanna (119)

Micheál Martin

Ceist:

119. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if any Garda stations that were closed in Cork city and county will be reopened following the review by the Garda Commissioner; and if she will make a statement on the matter. [35754/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Government has, in the Programme for a Partnership Government, recognised community policing as the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expectations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.

In line with the commitment in the Programme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. I understand that work is currently underway in An Garda Síochána to identify the 6 stations for inclusion in the pilot.

It is intended that the results of the pilot scheme will feed into the wider review being overseen by the Policing Authority into, amongst other things, the dispersal of Garda stations in rural areas. In this regard, I understand that the Authority has formally requested the Garda Síochána Inspectorate to examine the dispersal and use of resources available to the Garda Síochána in the delivery of policing services to local communities and to make recommendations to provide a more effective, visible and responsive policing service.

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