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Wednesday, 8 Feb 2017

Written Answers Nos. 175-184

Exceptional Needs Payments

Ceisteanna (175)

Thomas P. Broughan

Ceist:

175. Deputy Thomas P. Broughan asked the Minister for Social Protection if he will make a ministerial order that exceptional needs payments be granted to families in emergency accommodation to assist with transport costs; the number of exceptional needs payments that were made to homeless families in 2016 and to date in 2017; and if he will make a statement on the matter. [6216/17]

Amharc ar fhreagra

Freagraí scríofa

Under the supplementary welfare allowance (SWA) scheme, the can make a single exceptional needs payment (ENP) to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. Where the need is of a recurring nature, a weekly or monthly supplement under the SWA scheme may be awarded. The Government has provided some €31.5 million for this scheme in 2017.

Families living in emergency accommodation may incur additional costs, including travel to school costs for children. Financial support can be provided under the SWA scheme to meet identified needs. These are discretionary payments that are made following an assessment of the actual needs in each case. Statistics are not maintained of the number of ENPs or supplements for travel costs that are made to homeless families. However, staff in my Department’s Homeless Persons Unit are supporting over 100 homeless families in Dublin with additional costs. Families in these circumstances who are experiencing difficulties meeting additional costs should contact the Department’s Community Welfare Service who may be able to offer assistance.

The Action Plan for Housing and Homelessness – Rebuilding Ireland – commits to providing access to free public transport for family travel and for school journeys for homeless families in emergency accommodation and this action is being progressed by the Department of Housing, Planning, Community and Local Government.

I am satisfied with the range of discretionary supports available under the SWA schemes, and do not plan to introduce specific payments for the additional costs for families in emergency accommodation.

I hope this clarifies the matter for the Deputy.

Disability Allowance Applications

Ceisteanna (176)

Michael Healy-Rae

Ceist:

176. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a disability allowance in respect of a person (details supplied); and if he will make a statement on the matter. [6265/17]

Amharc ar fhreagra

Freagraí scríofa

Disability allowance is a means tested scheme and the way means are assessed is laid down in social welfare legislation. In summary, any income, with some exceptions, belonging to the person and his spouse/partner/ co-habitant is assessable as means for disability allowance purposes. This claim was referred to a social welfare investigative officer (SWI) for a report on the person’s means and circumstances. Following a comprehensive home visit the SWI established to his satisfaction that the claimant and his companion are co-habiting. The means assessed against this gentleman are derived from his partner’s UK pensions, but they are halved because she is in receipt of social welfare in her own right.

On 10 January 2017, this man was notified of this decision and was given the right to appeal this decision to the Social Welfare Appeals Office. To date no appeal has been received.

I hope this clarifies the matter for the Deputy.

Appointments to State Boards

Ceisteanna (177)

Maureen O'Sullivan

Ceist:

177. Deputy Maureen O'Sullivan asked the Minister for Social Protection his plans to fill vacancies on the boards of statutory bodies which operate under the aegis of his Department (details supplied); and if he will make a statement on the matter. [6292/17]

Amharc ar fhreagra

Freagraí scríofa

The statutory bodies operating under the aegis of my Department are the Citizens Information Board, the Pensions Authority, the Pensions Council, the Pensions Ombudsman (which does not have a Board) and the Social Welfare Tribunal.

There are no vacancies on the boards of the Pensions Authority, the Pensions Council or the Social Welfare Tribunal. There is currently one vacancy on the board of the Citizens Information Board which will be filled in accordance with the Guidelines on Appointments to State Boards, published in November 2014.

Carer's Allowance Applications

Ceisteanna (178)

Michael Healy-Rae

Ceist:

178. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for a carer's allowance in respect of a person (details supplied); and if he will make a statement on the matter. [6340/17]

Amharc ar fhreagra

Freagraí scríofa

The application for carer’s allowance (CA) in respect of the person concerned was awarded on 6 February 2017 in respect of two care recipients.

The first payment of CA is due to issue to her nominated bank account on 9 February 2017.

Arrears of allowance due from 22 September 2016 to 8 February 2017 have issued to the bank.

The person concerned was notified of these details on 6 February 2017.

I hope this clarifies the matter for the Deputy.

Commissions of Inquiry

Ceisteanna (179)

Seán Fleming

Ceist:

179. Deputy Sean Fleming asked the Minister for Social Protection the number of commissions of inquiry or other formal investigations or inquiries being conducted in his Department; the name of these; the date they were established; the expected date the work is intended to be completed; the cost incurred to date; the estimated final cost; and if he will make a statement on the matter. [6364/17]

Amharc ar fhreagra

Freagraí scríofa

Commissions of investigation can investigate matters of significant public concern and are set up by Government order. Such commissions are currently provided for by the Commissions of Investigation Act 2004.

No such commissions of investigation, inquiry or other formal investigations are currently ongoing in my Department.

Brexit Issues

Ceisteanna (180)

Niamh Smyth

Ceist:

180. Deputy Niamh Smyth asked the Minister for Foreign Affairs and Trade if he will clarify reports in the media on comments made by the former head of the European Commission’s customs procedures unit (details supplied) with regard to a hard border in counties Cavan and Monaghan, that the Government will be obliged to enforce strict border controls to avoid steep penalties from the European Union; and if he will make a statement on the matter. [6137/17]

Amharc ar fhreagra

Freagraí scríofa

Two of the four headline priorities for the Government in managing Brexit are our economic and trading arrangements and Northern Ireland and the peace process, including border issues. In this regard, the Government’s clearly stated preference is to maintain the closest possible trading relationship between the UK and the EU, including Ireland.When the EU-UK negotiations start, the Government will pursue, together with our EU partners, an outcome that protects Ireland’s fundamental interests and an one that can be accepted by all. We are not under any illusions about the challenge and complexity of these negotiations and are engaged in detailed planning to prepare for them. As part of our preparations, I have met with all of my EU counterparts in order to make them aware of the need for specific arrangements which protect the key gains of the peace process on this island – a process to which the EU has already made a key contribution. Our concerns in relation to Northern Ireland are understood and appreciated and there is a general desire to assist in addressing them satisfactorily. In this regard, Commissioner Barnier’s clear statement in December that Irish issues would be a negotiating priority was very positive.

However, the negotiations have not even begun yet.

The Taoiseach discussed the imperative of the open border on the island of Ireland with Prime Minister May in Dublin on 30 January. I have also discussed these issues with the Secretary of State for Exiting the EU, David Davis, and the Secretary of State for Northern Ireland, James Brokenshire.

The Government is preparing for and will be ready for all eventualities. Contingency planning began before the referendum last June and the necessary analysis has deepened across Government since then.

The Government will continue to comprehensively and proactively prepare for all dimensions of the EU-UK negotiations in pursuit of our priority concerns. In this regard, we will continue to engage with all of our EU partners and with the EU institutions, including the European Commission, to highlight the unique circumstances of Northern Ireland, and the consequences for North-South cooperation on the island as a whole, which must be factored into any new EU relationship with the UK.

EU Issues

Ceisteanna (181)

Seán Crowe

Ceist:

181. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to a decree that was passed by the Romanian Parliament that could free dozens of officials jailed for corruption (details supplied); and if he will make a statement on the matter. [6239/17]

Amharc ar fhreagra

Freagraí scríofa

I am aware of the events that the Deputy has described. The Emergency Decree, introduced on 31 January, would have undermined the work of the anti-corruption agencies in Romania. Following the position taken by the President of Romania and the public protests over a number of nights, these proposals have now been withdrawn by the Government.

Romania has been subject to the EU Cooperation and Verification Mechanism (CVM) since it joined the European Union in 2007. One of the key aims of the CVM is to combat against corruption. It is important that regressive steps are not taken, and that progress already made is continued.

Human Rights

Ceisteanna (182)

Seán Crowe

Ceist:

182. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he has read a report from the Cairo Institute of Human Rights Studies (CIHRS) which states that a person (details supplied) and thousands of other peaceful protesters are being illegally imprisoned under the colonial era Assembly Law (Law 10/1914), that CIHRS has discovered was repealed on 30 January 1928; his views on the fact that this law is being illegally implemented 89 years after its formal repeal to the imprisoned person; and if he will formally raise this issue with his Egyptian counterpart and demand the immediate release of the person. [6240/17]

Amharc ar fhreagra

Freagraí scríofa

This long-running and complex consular case continues to be a top priority for the Irish Government and I and my officials are doing everything possible to achieve this citizen’s return to Ireland at the earliest possible time.

I am aware of the research and report by the Cairo Institute for Human Rights Studies (CIHRS) to which the Deputy refers. The position is that the Institute has filed a petition on 31 January 2017 with the Egyptian State Council seeking an injunction against Law 10/1914, known as the "Assembly Law", and arguing that the Law should be annulled because it was effectively repealed in 1928. The State Council is a superior branch of the judiciary in Egypt.

The Irish Embassy in Cairo will be monitoring closely developments in this case and keeping me informed. I know that this citizen’s legal representatives will also be keeping themselves informed of developments and assessing any possible implications for his citizen’s court case.

The court case in which this citizen is a defendant is back in court on 14 February and the Irish Embassy will again be present on that occasion to observe proceedings.

Brexit Issues

Ceisteanna (183)

Brendan Smith

Ceist:

183. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the outcome of discussions he has had with the British Foreign Secretary in relation to the need for any post-Article 50 agreement between Britain and the European Union to provide for a human rights Act, which is a central element of the Good Friday Agreement. [5547/17]

Amharc ar fhreagra

Freagraí scríofa

The protection of human rights in Northern Ireland law, including through the incorporation of the European Convention on Human Rights, is one of the key principles underpinning the Good Friday Agreement.

It should be noted that the European Convention on Human Rights (ECHR) is separate and distinct to the European Union. The UK’s decision to leave the EU has no impact on its obligations under the ECHR. Even after the UK leaves the EU, there will be a continuing obligation on the British Government to incorporate the European Convention on Human Rights into Northern Ireland law, as provided for in the Good Friday Agreement.

The Irish and British Governments have a clear and continuing obligation to uphold all of the provisions of the Good Friday Agreement. In the crucial area of human rights it is important that both Governments do all they can to engender confidence by demonstrating their commitment to both the letter and spirit of the Agreement.

The Government has underlined this obligation in the context of British Government proposals, not connected with Brexit, to repeal the UK Human Rights Act, which incorporates the ECHR into domestic law, and to introduce a domestic Bill of Rights. The Government has stressed to the British Government the importance of fully meeting its human rights obligations under the Good Friday Agreement and will continue to monitor the situation closely.

I raised the matter directly with the Secretary of State for Northern Ireland, James Brokenshire, at a meeting in September. He confirmed the British Government position that any changes to the UK Human Rights Act would be made in a way which would be fully consistent with the British Government’s obligations under the Good Friday Agreement. In this context, I would note that while a domestic Bill of Rights can complement incorporation of the Convention, it does not replace it.

As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles including in the area of human rights. In this regard, as part of the All-Island Civic Dialogue, I have convened a sectoral civic dialogue on Human Rights under the Good Friday Agreement on 13 February, to hear from those directly involved in work that relies on the human rights frameworks and protections of the Agreement.

Human rights are central to the peace process and must be protected and sustained, regardless of the UK’s status in the EU. The Government will continue to work closely with the British Government and the Northern Ireland Executive to ensure that the protection of human rights remains at the heart of civic life, politics and ongoing societal change in Northern Ireland. This includes the continued incorporation of the European Convention on Human Rights in Northern Ireland law as provided for in the Good Friday Agreement.

Brexit Issues

Ceisteanna (184)

Brendan Smith

Ceist:

184. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the outcome of discussions he has had with the British Foreign Secretary in relation to access to the Court of Justice of the European Union and other guarantees of fundamental rights that underpin the Good Friday Agreement in any post-Article 50 agreement between Britain and the EU. [5548/17]

Amharc ar fhreagra

Freagraí scríofa

The UK’s decision to leave the European Union did not change the status of the Good Friday Agreement nor did it alter the existing legal and political obligations of both the Irish and British Governments under the Agreement as they relate to human rights. Specifically, the continuing obligation of the British Government to incorporate the European Convention on Human Rights into Northern Ireland law was unaffected by the outcome of the UK referendum.

The EU-UK negotiations have not yet begun. When these negotiations start, the Government will pursue, together with our EU partners, an outcome that protects our headline priorities and Ireland’s fundamental interests, including in relation to Northern Ireland and the peace process. We are not under any illusions about the challenge and complexity of these negotiations and are engaged in detailed planning to prepare for them.

The Irish and British Governments are agreed that the Good Friday Agreement is and will remain the foundation for cooperation between both Governments on Northern Ireland. This was re-affirmed in the Taoiseach’s meeting with Prime Minister May on 30 January. The two Governments are agreed that all aspects of the Agreement will need to be upheld throughout the UK’s exit process, and in the final arrangements between the United Kingdom and the EU. As a co-guarantor of the Good Friday Agreement, the Government is determined that all aspects of the Agreement – including its provisions on Rights, Safeguards and Equality of Opportunity – are fully protected under any new relationship between the EU and the UK.

As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles. In this regard, as part of the All-Island Civic Dialogue, I have convened a sectoral civic dialogue on Human Rights under the Good Friday Agreement on 13 February, to hear from those directly involved in work that relies on the human rights frameworks and protections of the Agreement.

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