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Tuesday, 29 Nov 2016

Written Answers Nos. 132-148

Driver Safety

Ceisteanna (132, 133)

Thomas P. Broughan

Ceist:

132. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of unaccompanied learner drivers that have been involved in fatal and serious collisions each year since 2012, identifying whether the collision resulted in either fatality or serious injury; and if she will make a statement on the matter. [37654/16]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

133. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of fatalities in each fatal collision each year since 2012 involving an unaccompanied learner driver; and if she will make a statement on the matter. [37655/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 132 and 133 together.

I have asked the Garda authorities for a report on the information requested and I will contact the Deputy directly when the report is to hand.

Convictions Lists

Ceisteanna (134)

Thomas P. Broughan

Ceist:

134. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of unaccompanied learner drivers that have been convicted after being involved in a fatal or serious collision each year since 2012; and if she will make a statement on the matter. [37656/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that, under the provisions of the Courts Service Act, 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and am informed by the Courts Service that it does not hold information on whether individuals convicted of the offence of being a learner driver not accompanied by a qualified driver have been involved in a fatal or serious collision.

Penalty Points System Offences

Ceisteanna (135)

Thomas P. Broughan

Ceist:

135. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of fixed charge penalty notices issued to learner drivers who were not accompanied by a qualified driver each year since 2013; the number of those that paid the fixed charge penalty notice; the number that were summonsed to court for failing to pay the fixed charge penalty notice; the number that resulted in a conviction with penalty points applied to their licence; her views on the fact that in 2015 alone 5,609 fixed charge penalty notices were issued for this offence but 2,763, that is, 47%, were not paid; and if she will make a statement on the matter. [37657/16]

Amharc ar fhreagra

Freagraí scríofa

I have requested the statistics in relation to the number of Fixed Charge Notices issued to learner drivers that were not accompanied by a qualified driver, the number of those paid and the number of summons that issued when payment was not received and I will contact the Deputy when those statistics are to hand.

However, as the Deputy is aware from replies to previous parliamentary questions, there is no direct or electronic link between prosecutions as recorded on the Courts Service Criminal Case Tracking System (CCTS) and the Fixed Charge Notice originally issued by An Garda Síochána and therefore it will not be possible to extract all of the specific categories of information sought by the Deputy.

Magdalen Laundries

Ceisteanna (136)

Maureen O'Sullivan

Ceist:

136. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 85, 86 and 87 of 16 November 2016 (details supplied), if she will consider funding for a similar type support group in the USA, particularly in view of the fact the Coalition of Irish Immigration Centres did not receive the information circulated via the embassies in October 2014. [37663/16]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that the Government made the decision to provide a grant to the Irish Women Survivors Support Network (IWSSN) as over 20% of the applicants to the Magdalen Laundries Redress Scheme are resident in the UK. From an early stage in the process the IWSSN had engaged with my Department, the McAleese Committee and with Judge Quirke.

As the Deputy may be aware, the IWSSN has done good work for a considerable time in providing advice, support and assistance to women survivors of Irish institutions including women who were in the Magdalen Laundries. The grant, provided by the Government, was to enable them to continue this work.

As previously advised, the issue of the Magdalen Laundries and the establishment of the Scheme attracted world wide media attention. Information on the Scheme was also circulated to local Irish communities around the world via our network of embassies. Applications have been received from the USA, Switzerland, Australia and Cyprus.

There are no plans to provide funding to any organisation in the USA or in any other jurisdiction around the world. My officials in the Restorative Justice Implementation Unit are available to assist with any queries regarding the Scheme. If the Deputy is aware of any organisation or individual who would like information on the Scheme my officials will be happy to assist.

Garda Deployment

Ceisteanna (137, 138)

Fiona O'Loughlin

Ceist:

137. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the locations in which the five gardaí to be allocated to south Kildare will be posted; and if she will make a statement on the matter. [37671/16]

Amharc ar fhreagra

Fiona O'Loughlin

Ceist:

138. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if the additional gardaí being allocated to County Kildare will result in a community officer being assigned to south Kildare; and if she will make a statement on the matter. [37672/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 137 and 138 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am informed by the Garda Commissioner that, as on the 31 October 2016, the latest date for which figures are readily available, there were 307 members of An Garda Síochána assigned to the Kildare Division. The Kildare Division is supported by 22 members of the Garda Reserve and 29 Civilian Staff. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Garda National Drugs and Organise Crime Bureau.

While there are currently no Gardaí specifically assigned to the role of Community Garda attached to the Kildare Division, the Commissioner has advised that it is the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána. Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.

Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. This is an ambitious target and will require a continuous pipeline of suitable candidates. I am pleased to say that the recruitment campaign launched by the Public Appointments Service on behalf of the Commissioner last September, the second campaign this year, again received a strong response. I am also informed by the Garda Commissioner that since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties and that 35 of these probationer Garda have been assigned the Kildare Division. It is expected that Community Policing and all other Garda activities, will undoubtedly benefit from these resources now coming on stream.

In so far as the allocation of newly attested Gardaí is concerned, this is also a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme. The importance of appropriate support and supervision was highlighted in the O’Higgins Report.

Garda Disciplinary Proceedings

Ceisteanna (139)

Clare Daly

Ceist:

139. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the steps she has taken to deal with the urgent need to update Garda disciplinary regulations, which presently date back to 2007. [37674/16]

Amharc ar fhreagra

Freagraí scríofa

The disciplinary process in An Garda Síochána is governed by the Garda Síochána (Discipline) Regulations 2007 as amended in 2011 and 2015.

A number of amendments to the Regulations are in train in order to facilitate the commencement of the provisions of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 in relation of the removal of senior officers of An Garda Síochána. The provisions contemplate a role for the Policing Authority in the removal process where the alleged breach relates to policing services. Work on the preparation of the proposed changes is well advanced in my Department and I expect to seek Government approval of the draft Regulations in the next number of weeks. Work is also progressing in my Department on a number of other amendments to the Regulations have regard to developments including in case law over recent years. Work on these amendments will be further progressed following the completion of the amendments necessary to commence the outstanding provisions of the 2015 Act.

Private Security Industry Regulation

Ceisteanna (140)

John McGuinness

Ceist:

140. Deputy John McGuinness asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 239 of 22 March 2016, if she is satisfied with the timeframe for dealing with applications and appeals to the private security authority; if there is a reason a company (details supplied) in County Carlow has not had their appeal dealt with; and if the matter will be expedited. [37768/16]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that the Private Security Appeal Board (PSAB) is an independent body established under the Private Security Services Act 2004, as amended, to consider appeals against decisions of the Private Security Authority (PSA). The PSAB is independent in the performance of its functions and is independent of the PSA.

The necessary arrangements are currently in train to appoint a new board for the PSAB. Expressions of interest were invited from suitably qualified candidates for appointment to the board via the stateboards.ie webpage, in accordance with the process outlined in the approved Guidelines on Appointments to State Boards, published in November 2014. The process for the selection of candidates is now being finalised and I intend to bring nominations for appointment to the board to the Government for approval in the near future. As the Deputy will appreciate, all appointments to the PSAB are made by the Government in accordance with the provisions of Schedule 2 to the Private Security Services Act 2004.

When the appointments process has been completed the company to which the Deputy refers will be contacted directly by the PSAB regarding its appeal.

Departmental Appointments

Ceisteanna (141)

Gerry Adams

Ceist:

141. Deputy Gerry Adams asked the Tánaiste and Minister for Justice and Equality the status of the appointment of additional special advisers by her and Ministers of State in her Department. [37892/16]

Amharc ar fhreagra

Freagraí scríofa

In line with the instructions issued by the Department of Public Expenditure & Reform in respect of Ministerial Appointments for the 32nd Dáil, and with the agreed sanction of that Department, I appointed one additional full-time special adviser in May. This reflects the increased responsibilities of my new combined role as Tánaiste and Minister for Justice & Equality.

Minister of State David Stanton has no special advisers appointed to his office.

Dara Murphy T.D. is the Minister of State for Data Protection at the Department of Justice and Equality and the Department of the Taoiseach. He is also Minister of State for European Affairs and the EU Digital Single Market at the Departments of the Taoiseach and Foreign Affairs and Trade.  The Department of Foreign Affairs and Trade is responsible for the appointment of staff in respect of Minister of State Murphy.

Finian McGrath T.D. is Minister of State attending Government and Minister of State at the Departments of Social Protection, Justice & Equality and Health with special responsibility for Disabilities. The Department of Health is responsible for all appointments in respect of Minister of State McGrath.

Capital Allowances

Ceisteanna (142)

John Deasy

Ceist:

142. Deputy John Deasy asked the Minister for Finance the number of Waterford businesses that have availed of the accelerated capital allowance scheme in each of the past five years. [37422/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by Revenue that the number of Waterford businesses that have availed of accelerated capital allowances in any given year between 2012 and 2015 is between 1 and 10. Figures for 2016 are not yet available. According to Revenue records, no businesses in the county availed of the scheme in 2011.

The Deputy may be aware that the provisions of Section 851A of the Taxes Consolidation Act 1997 oblige Revenue to treat taxpayer information confidentially. As such, due to the low numbers of businesses involved, the precise numbers by year cannot be provided.

Help-To-Buy Scheme

Ceisteanna (143)

Donnchadh Ó Laoghaire

Ceist:

143. Deputy Donnchadh Ó Laoghaire asked the Minister for Finance if a person is entitled to a rebate under the help-to-buy incentive scheme if they take out a mortgage for 90% of the build value. [36863/16]

Amharc ar fhreagra

Freagraí scríofa

As I have already answered in response to the Deputy's identical question of 24 November last, the Help to Buy incentive is a new income tax relief designed to assist first-time buyers with obtaining the deposit required to purchase or build their first home. With a view towards increasing the supply of new housing, the relief will only be available in respect of 'new builds'. To be eligible to apply for the Help to Buy incentive, a first-time buyer must take out a mortgage of at least 70% of the value of the purchase price, or in the case of a self-build, 70% of the valuation approved by the mortgage provider.

The full conditions of the scheme are provided for in Section 8 of the Finance Bill 2016 as published, the commencement of which is subject to the approval of the Oireachtas.

Tax Credits

Ceisteanna (144)

Josepha Madigan

Ceist:

144. Deputy Josepha Madigan asked the Minister for Finance if consideration has been given to the unfair treatment of a secondary carer, who is also a major financial contributor to a child, being unable to receive the single person child carer credit when the primary carer chooses to cohabit and is no longer able to relinquish the credit to the secondary carer; and if he will make a statement on the matter. [36928/16]

Amharc ar fhreagra

Freagraí scríofa

The Single Person Child Carer Credit (SPCCC) replaced the One-Parent Family Tax Credit (OPFTC) with effect from 1 January 2014.  It operates differently from the One-Parent Family Credit in that it is available in the first instance only to the Primary Claimant.

The Primary Claimant is the individual with whom the child resides for the whole or greater part of the year.  The Primary Claimant must be either the child's parent or the individual who has custody of the child and who maintains the child at his or her own expense for the whole or the greater part of the year.

The Commission on Taxation acknowledged that the previous One Parent Family Tax Credit played a role in supporting and incentivising the labour market participation of single and widowed parents.  However, in its recommendations it concluded that the credit should be retained but that it should be allocated to the primary carer only. The restructuring of the credit into the SPCCC achieves such an outcome. I would also point out that there is no specific tax credit for children in the tax code. Therefore, married or cohabiting couples are unable to avail of any additional credit to assist them in the financial maintenance of their children. 

It is possible for a qualifying Primary Claimant to surrender (relinquish) his or her entitlement to the credit, in favour of a Secondary Claimant where the child resides with that Secondary Claimant for at least 100 days per year. It should be noted that a Secondary Claimant does not qualify for the SPCCC in his/her own right. Rather it is the primary carer of the child who is entitled to the credit subject to meeting the qualifying criteria and, should he/she choose, may subsequently surrender the credit to a Secondary Claimant who has care of the child for at least 100 days in a year. Where the child's primary carer is married, in a civil partnership or cohabiting they would not be entitled to the SPCCC (or indeed the previous One Parent Family Tax Credit), on the basis that the relevant child is not, in the main, being cared for by a single person. In such circumstances the Primary Claimant cannot relinquish the credit to a secondary carer.

However should the Secondary Claimant become the primary carer of the child in the future, he/she may be entitled to apply for the SPCCC in his/her own right.

Departmental Staff Data

Ceisteanna (145, 146, 147, 148)

Dara Calleary

Ceist:

145. Deputy Dara Calleary asked the Minister for Finance the number of staff from his Department currently seconded to other Departments or agencies in the Civil Service per annum from 2010 to date in 2016, in tabular form; and if he will make a statement on the matter. [36965/16]

Amharc ar fhreagra

Dara Calleary

Ceist:

146. Deputy Dara Calleary asked the Minister for Finance the number of staff from his Department who have appealed against secondment per annum from 2010 to date in 2016, in tabular form; the appeals mechanism involved; and if he will make a statement on the matter. [36981/16]

Amharc ar fhreagra

Dara Calleary

Ceist:

147. Deputy Dara Calleary asked the Minister for Finance the number of staff from his Department currently seconded to a firm in the private sector per annum from 2010 to date in 2016, in tabular form; the details of the company; and if he will make a statement on the matter. [36997/16]

Amharc ar fhreagra

Dara Calleary

Ceist:

148. Deputy Dara Calleary asked the Minister for Finance the number of staff from his Department currently seconded from a firm in the private sector per annum from 2010 to date in 2016, in tabular form; the details of the company; and if he will make a statement on the matter. [37013/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 145 to 148, inclusive, together.

The number of staff from my Department currently seconded to other Departments or Agencies in the Civil Service per annum from 2010 to date in 2016 is contained in the table.

No staff from my Department has appealed against a secondment. Secondments are considered by the Executive Board of my Department and are agreed with the staff member and their line Manager before the secondment commences.

There are currently no staff of my Department seconded to a firm in the private sector nor is there any staff in my Department seconded from a firm in the Private Sector.

Staff currently seconded out from my Department:

Year secondment commenced

Number of Staff

Department/Agency

2010

Nil

N/A

2011

Nil

N/A

2012

1

ReBo

2013

Nil

N/A

2014

1

Citizen's Information Board

2015

1

D/PER

2015

1

D/Foreign Affairs & Trade

2015

1

Tax Appeals Commission

2016

1

D/PER

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