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Tuesday, 28 Feb 2017

Written Answers Nos. 88-101

Departmental Staff Data

Ceisteanna (88)

Richard Boyd Barrett

Ceist:

88. Deputy Richard Boyd Barrett asked the Taoiseach the number of employees in his Department and under its aegis who are suspended from work without prejudice and on full pay pending an investigation. [9726/17]

Amharc ar fhreagra

Freagraí scríofa

No employees in my Department and the National Economic and Social Development Office [NESDO] have been suspended from work without prejudice and on full pay pending an investigation.

Imports and Exports Data

Ceisteanna (89)

Brendan Smith

Ceist:

89. Deputy Brendan Smith asked the Taoiseach if particular trends have emerged in respect of exports in the preliminary data available for 2016; the details of the trends in respect of exports to and imports from Britain; and if there are particular indicators in respect of exports from the different regions of the country. [9771/17]

Amharc ar fhreagra

Freagraí scríofa

The data requested is set out for the Deputy in the following tables. All data relate to merchandise trade in goods.

The CSO does not produce regional export data, and it is not possible to answer this part of the deputy’s question.

Total goods exports increased in 2016 by €4,508 million (+4%) to €116,916 million. Exports of chemicals and related products continued to be the largest category of goods exports, accounting for €64,224 million in 2016, which equates to 57% of total exports.

Exports of machinery and transport equipment also increased in 2016, by €2,199 million (+13%) to €19,008 million.

Exports to the United Kingdom fell by €599 million (-4%) in 2016 compared with 2015. Exports of food and live animals fell by €300 million (-7%) to €4,209 million. Exports of food and live animals account for 28% of total exports to the United Kingdom, which is greater than any other category of exports. Exports of machinery and equipment fell by €385 million (-14%) to €2,328 million. Exports of chemicals and related products increased by €95 million (+2%). See Table A.

Imports from the United Kingdom also decreased in 2016; by €1,398 million (-8%) to €16,596 million. Imports of mineral fuels, lubricants and related materials decreased by €1,117 million (-35%), to €2,057 million. There were also decreases in the imports of food and live animals and miscellaneous manufactured articles. See Table B.

Table A: Exports of merchandise goods to the United Kingdom 2015/2016.

Commodity

2015

(€000’s)

2016

(€000’s)

% Change

Food and live animals

4,508,991

4,209,434

-7%

Beverages and tobacco

333,354

308,105

-8%

Crude materials, inedible, except fuels

468,114

455,484

-3%

Mineral fuels, lubricants and related materials

445,408

473,171

6%

Animal and vegetable oils, fats and waxes

17,723

17,850

1%

Chemicals and related products

4,094,012

4,189,261

2%

Manufactured goods classified chiefly by material

1,148,363

1,164,819

1%

Machinery and transport equipment

2,712,464

2,327,793

-14%

Miscellaneous manufactured articles

1,321,023

1,312,416

-1%

Commodities and transactions not classified elsewhere

504,819

497,016

-2%

Total Exports

15,554,272

14,955,350

-4%

Table B: Imports of merchandise goods from the United Kingdom 2015/2016.

Commodity

2015

(€000’s)

2016

(€000’s)

% Change

Food and live animals

3,326,381

3,209,411

-4%

Beverages and tobacco

337,571

356,221

6%

Crude materials, inedible, except fuels

222,811

200,000

-10%

Mineral fuels, lubricants and related materials

3,173,995

2,056,804

-35%

Animal and vegetable oils, fats and waxes

62,837

64,908

3%

Chemicals and related products

2,455,767

2,438,212

-1%

Manufactured goods classified chiefly by material

1,924,379

1,856,996

-4%

Machinery and transport equipment

3,053,695

3,081,047

1%

Miscellaneous manufactured articles

2,519,546

2,300,647

-9%

Commodities and transactions not classified elsewhere

917,366

1,031,469

12%

Total Imports

17,994,348

16,595,714

-8%

Departmental Staff Remuneration

Ceisteanna (90)

Niall Collins

Ceist:

90. Deputy Niall Collins asked the Taoiseach the cost of implementing a living wage of €11.50 per hour for all employees directly employed in, or in agencies funded by, his Department. [10107/17]

Amharc ar fhreagra

Freagraí scríofa

Levels of remuneration for employees of my Department and the National Economic and Social Development Office [NESDO] are based on pay scales set centrally by the Department of Public Expenditure and Reform.

Passport Applications

Ceisteanna (91)

Pat Deering

Ceist:

91. Deputy Pat Deering asked the Tánaiste and Minister for Justice and Equality if a person (details supplied) born here of Nigerian parents can apply for an Irish passport. [9547/17]

Amharc ar fhreagra

Freagraí scríofa

The issuing of Irish passports is a matter for the Department of Foreign Affairs and Trade and is based on the person being an Irish citizen. In this regard, I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of an application for a certificate of naturalisation under the details as provided by the Deputy. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.

Following a Referendum of the Irish people, the 27th amendment to the Constitution changed the situation in relation to entitlement to Irish Citizenship. As a result, Section 6 of the Irish Nationality and Citizenship Act 1956 was amended by the Irish Nationality and Citizenship Act, 2004. The changes came into effect on 1st January 2005. As of that date a person born in the island of Ireland is not entitled to be an Irish citizen, unless that person's parents have been lawfully resident in the island of Ireland for a total of three years during the four years preceding that person's birth. Periods of unlawful residence, periods of residence which were for the sole purpose of having an application for refugee status determined or periods of residence where permission was granted for the purposes of study are excluded from the determination of periods of reckonable residence.

Where a child born in the State did not at birth have an entitlement to Irish citizenship, the parent or guardian or person who is in loco parentis to the child may lodge an application for naturalisation on behalf of the child if and when the conditions for naturalisation are satisfied, including a requirement to have a total of 5 years' reckonable residence in the State. This ensures that, even where a child born in the State did not have an entitlement to Irish citizenship, there is a path to obtaining Irish citizenship through naturalisation.

Refugee Resettlement Programme

Ceisteanna (92)

Eamon Ryan

Ceist:

92. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality her plans to terminate the Irish refugee protection programme once the September 2015 commitment to take 4,000 persons has been met. [9576/17]

Amharc ar fhreagra

Freagraí scríofa

The Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the migration crisis that had developed on the southern shores of the European Union. Under this Decision a programme office was established in my Department to oversee the operational aspects of the programme, which aims to bring in 4,000 vulnerable asylum seekers and refugees to Ireland under two different mechanisms, refugee resettlement - operated by the Office for Promotion of Migrant Integration (OPMI) - and asylum seeker relocation from within the EU.

We will be 100% ahead of target numbers on the Resettlement Programme by next September, due to our commitment to accept an additional 520 programme refugees from Lebanon this year. While there have been challenges at EU level to maximise the functioning of the Relocation aspect of the programme, following my visit to Greece last December, I am satisfied that the numbers coming in under relocation will scale up to agreed levels this year. My emphasis currently is to increase the number of people arriving in Ireland under the mechanisms currently in place. I am satisfied that we are making that progress now to ensure many more people can come to Ireland under our resettlement and relocation programmes. Our attention is focused on meeting these targets and the needs of those accepted under the programmes on arrival. Significant resources are currently being invested in these humanitarian efforts through the various offices in my Department and in other Departments and agencies. As a result we have established functioning mechanisms and associated expertise to deal with resettlement and relocation.

It is essential that we continue our efforts to complete the IRPP successfully before we look to apply the learning from this Programme to deliberations with regards to any future refugee intake. Decisions taken at EU level with regard to the ongoing migration crisis will of course impact on any such deliberations.

Garda Operations

Ceisteanna (93, 98, 99, 100, 101)

Thomas P. Broughan

Ceist:

93. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality her views on the way mandatory intoxication testing, MIT, checkpoints will be administered and monitored in view of the current review of mandatory alcohol testing, MAT, checkpoints; and if she will make a statement on the matter. [9604/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

98. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of mandatory alcohol testing checkpoint tests carried out monthly in 2016; the number of disposable mouthpieces ordered by An Garda Síochána from the Medical Bureau of Road Safety in 2016, indicating monthly order figures if possible; and if she will make a statement on the matter. [9600/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

99. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of mandatory alcohol testing checkpoint tests carried out in each of the years 2009 to 2015, by county; the number of disposable mouthpieces ordered by An Garda Síochána from the Medical Bureau of Road Safety in each of the years from 2009 to 2015, by county; and if she will make a statement on the matter. [9601/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

100. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the extent of the audit of MATs; the year the audit will begin; the expected timeframe of the audit; the districts that will be audited; the person or body completing the audit; and if she will make a statement on the matter. [9602/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

101. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the statistics on the garda.ie website (details supplied); her views on these figures, which are being audited; the actions she is taking to address these reductions; and if she will make a statement on the matter. [9605/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 93 and 98 to 101, inclusive, together.

I am informed by An Garda Síochána that a National Audit commenced in June 2016 into all the data recorded on the Garda PULSE system relating to the number of roadside breath tests conducted at Mandatory Alcohol Testing Checkpoints (MAT Checkpoints). This Audit covered the period 1 January 2009 to 30 June 2016 and includes the statistics currently available on the Garda website (www.garda.ie) and it is anticipated that this National Audit will conclude in the second quarter of 2017.

The Garda authorities have also assured me that no issues stem from this audit with regard to the performance of MAT checkpoints or prosecutions emanating therefrom.

The Road Traffic Act 2016 (the 2016 Act) was enacted on 27 December 2016 but has not yet been commenced. The Deputy will be aware that road traffic legislation is the responsibility of my colleague, the Minister for Transport, Tourism and Sport, Mr Shane Ross, T.D. I am, however, informed that the Department of Transport, Tourism and Sport is working with key stakeholders to introduce the new roadside tests for drugs, which will be known as preliminary drug tests. It is intended that the provisions will be commenced at the Easter Bank Holiday weekend. This will allow time for all stakeholders to prepare for introduction, and will provide a valuable opportunity to highlight the dangers of drug driving over the Bank Holiday weekend.

I look forward to the introduction of the preliminary drug tests and am confident that these new road traffic enforcement measures will impact positively on road safety.

The Deputy will be aware that I have no direct role in the enforcement of Road Traffic legislation, including the conduct of MAT checkpoints, which is an operational matter for the Garda Commissioner. I am informed that road traffic legislation is enforced as part of the day to day duties of members of An Garda Síochána as well as through a programme of high visibility road safety and enforcement operations, carried out in partnership with other state agencies. Garda operations specifically target road use behaviour known to contribute significantly to collisions, including driving while intoxicated, as well as speeding and use of a mobile phone.

By working together with the Road Safety Authority and other agencies, An Garda Síochána will continue to confront dangerous road-user behaviour through public presence, legislative enforcement, education and partnership. Both targeted operations and general methods of enforcement have a valuable role to play in An Garda Síochána's enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads.

In January, An Garda Síochána indicated that there will be an additional 10% increase in the traffic corps during the course of 2017, which should also lead to better outcomes in relation to road traffic enforcement. An Garda Síochána also indicated that it was intended to have a stronger focus on road traffic enforcement in the training provided to new recruits at Templemore.

Charities Regulation

Ceisteanna (94)

Bernard Durkan

Ceist:

94. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which charity status applies to community-based resident associations; if this applies in the case of an association (details supplied); and if she will make a statement on the matter. [9650/17]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the association referred to is a registered Irish Charity, which was deemed registered on 16 October 2014 because it held a charitable tax exemption on this date, in accordance with Section 40 of the Charities Act 2009. A "deemed" charity remains registered with the Charities Regulatory Authority ('Charities Regulator') for so long as this tax exemption with the Revenue Commissioners is valid. The Regulator may remove a charity from its register if the Charity fails to carry out certain requirements of the Charities Act or by applying to the High Court.

The Charities Act 2009 requires all charities to register with the Charities Regulator. To be a charity you must operate in the State, have a charitable purpose only and provide public benefit. Section 3 of the 2009 Act provides that charitable purposes are: the prevention or relief of poverty or economic hardship; the advancement of education; the advancement of religion; and any other purpose that is of benefit to the community. A charitable purpose must be of public benefit, which means that it must be beneficial in an identifiable way to the general public or a section of the public.

I am advised by the Charities Regulator that, on initial view, residents’ associations may not fit these criteria as the beneficiaries may be limited to the residents of a particular area. However, any application from a residents' association will be considered on its own merit and the Regulator will form a view on each application in its own right. It should be noted that any decision to register an individual organisation on the statutory Register of Charities is a matter for the Charities Regulator, which under Section 14(3) of the 2009 Act is independent in the performance of its functions.

Tribunals of Inquiry Reports

Ceisteanna (95, 160, 161)

Thomas P. Broughan

Ceist:

95. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will provide a full report on the actions and investigations being taken on foot of the reports of the Moriarty tribunal; the status of these investigations; and if she will make a statement on the matter. [10267/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

160. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the current situation of the investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Flood and Mahon tribunals; the stage these investigations are at; when she expects a decision to be reached; if she has set a deadline for that decision; and if she will make a statement on the matter. [10268/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

161. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will report on the current situation of investigations by An Garda Síochána and the Director of Public Prosecutions into the findings of the Moriarty tribunal; the stage these investigations are at; when she expects a decision to be reached; if she has set a deadline for that decision; and if she will make a statement on the matter. [10269/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 95, 160 and 161 together.

The Deputy will be aware that the respective reports of the Moriarty Tribunal and the Mahon Tribunal made a number of recommendations which related to the responsibilities of different Government Departments. The Deputy will also be aware that any criminal investigations into the matters referred to 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 such investigations. Similarly, the decision on whether or not to prosecute in a particular case rests solely with the Director of Public Prosecutions. In this context, it is not open to me intervene or attempt to set deadlines in relation to these matters.

However, I have been informed by the Garda authorities that investigations relating to the findings of the Flood and Mahon Tribunals, as well as the investigation of certain matters arising from the report of the Moriarty Tribunal, are ongoing. I am also advised that relevant liaison is maintained with the Office of the Director of Public Prosecutions.

While I appreciate that there is considerable public interest in these investigations, the Deputy will appreciate that the overriding concern for An Garda Síochána is to ensure that these investigations are carried out as comprehensively and effectively as possible.

Garda Civilian Staff Data

Ceisteanna (96)

Catherine Murphy

Ceist:

96. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of civilian personnel currently employed by the Garda; the number it is proposed to recruit; the units to which they are or will be deployed, in tabular form; if statutory instrument 109/1990 will need to be amended to allow the deployment to other units of personnel currently employed in specialist units that will be freed up as a consequence of the employment of civilian personnel; if the statutory instrument is to be amended, when this will be done; the issues that will be considered; and if she will make a statement on the matter. [9565/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

The Government has an agreed overall vision for the Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. This very substantial investment in personnel is driven by our commitment to ensuring that all citizens have the reassurance of a visible, responsive and effective policing service.

At present there are approximately 2,000 civilians in the organisation carrying out senior management, administrative and technical roles. 4,000 civilians will effectively double this figure and represents a medium term target of 20% civilians over the next 5 years. This will bring An Garda Síochána, currently with 14% civilians, more into line with international norms and ensure that trained police men and women are available for and utilised in operational areas.

To support the implementation of this vision, Budget 2017 has provided funding for 800 Garda trainees, 300 Reserves and up to 500 civilians. The recruitment and appointment of these additional civilians will facilitate the Commissioner in addressing capacity and critical skills gaps across the organisation including in corporate supports, change management, human resources and financial management at the national, regional and Divisional levels, and also to begin the phased redeployment of Gardaí to front-line policing roles. These additional resources will make an important contribution to the delivery of the ambitious reform agenda set out in the Commissioner's Modernisation and Renewal Programme 2016-2021 and will facilitate deeper civilianisation in the coming years.

The Garda Commissioner has agreed that the 20% target will be achieved through a twin-track approach: firstly, the identification of Gardaí filling roles that could be done by suitably qualified civilians of whom the Garda Inspectorate has indicated there may be in the region of 1,500, and secondly, the application of a "civilian by default" policy. Under this policy all new posts, other than operational policing posts, and non-operational policing posts that become vacant, will be filled by civilian staff with the appropriate skills and expertise. Having regard to the Policing Authority's statutory functions in relation to approving the number and grades of civilian staff in An Garda Síochána, and making senior appointments, I have requested the Commissioner, in conjunction with the Authority, to prepare a 5 year plan to achieve the 20% target through the rigorous application of these policies. Work is underway on this plan and I am informed by the Authority that of the 500 civilians to be recruited this year, Garda management has indicated that some 30% will lead to redeployment opportunities which is a very welcome start on a road that has the potential to make a huge contribution to ensuring that we have an effective and efficient police service.

SI 109/1990 provided that members appointed with special technical qualifications and assigned to serve in particular sections of the Garda Síochána under Regulation 14 of SI 164/1988 (Garda Síochána (Admissions and Appointments) Regulations 1988) were not eligible for transfer to any other section or part of the organisation, on promotion or otherwise. Both of these statutory instruments have been revoked by SI 485/2006 (Garda Síochána (Promotion) Regulations 2006) and SI 470/2013 (Garda Síochána (Admissions and Appointments) Regulations 2013) respectively.

Subsequent regulations continue to provide for appointments of persons with special aptitudes, knowledge, skills or technical qualifications as members in certain circumstances without compliance with all of the normal provisions applicable to trainee Gardaí. Such appointments are rare and in the past would have included, for example, persons with ICT expertise. Such expertise is now secured through recruiting civilian staff. Obviously there is no intention that members appointed under any of the above regulations and who do not have the necessary training and skills for front-line policing would be redeployed. Where appropriate, any such posts which do not require policing powers and could be filled by suitably qualified civilians will be filled in the future using the "civilian by default" policy at such a time as the posts become vacant.

Visa Applications

Ceisteanna (97)

Brendan Griffin

Ceist:

97. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding a visa appeal; and if she will make a statement on the matter. [9571/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the appeal referred to was received by the Visa Office in Abu Dhabi and is now awaiting examination by the Visa Appeals Officer.

The documentation submitted with the original application and any additional documentation provided with the appeal will be considered. It is expected that a decision will issue to the applicant within the next three weeks.

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

In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).

Questions Nos. 98 to 101, inclusive, answered with Question No. 93.
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