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Wednesday, 12 Apr 2017

Written Answers Nos. 58-71

UN Resolutions

Ceisteanna (58)

Maureen O'Sullivan

Ceist:

58. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if Ireland supports the UN resolution calling for a referendum to decide the fate of the western Sahara area; and if he will make a statement on the matter. [18233/17]

Amharc ar fhreagra

Freagraí scríofa

Ireland supports the United Nations Security Council Resolution 690 (1991) which established a United Nations Mission for the Referendum in Western Sahara (MINURSO).

Ireland, and our EU partners, categorise Western Sahara as a non-self-governing Territory. Ireland has consistently supported the right to self-determination of the people of Western Sahara but has not at any time taken a position on the future of the Territory, so long as it is decided through a genuine exercise of self-determination. We therefore, fully supporting the holding of a referendum to this end.

Ireland strongly supports the continuing engagement of the United Nations (the MINURSO mission) in the search for a political solution, and looks forward to the appointment of a new UNSG Personal Envoy for Western Sahara.

Overseas Development Aid

Ceisteanna (59)

Maureen O'Sullivan

Ceist:

59. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade his views on the Dóchas report highlighting concerns that Brexit could affect development aid with the departure of UK contributions and especially the need for tax transparency and financial regulation in the event of international financial sector companies moving here. [18232/17]

Amharc ar fhreagra

Freagraí scríofa

There is no doubt that the decision of the United Kingdom to leave the European Union presents unprecedented political, economic and diplomatic challenges for Ireland, extending right across the policy spectrum, including development cooperation.

The UK is a major contributor to the EU’s aid budgets. Its share of the off-budget 2014-2020 European Development Fund is 14.68% or €4.48 billion out of a total of €30.5 billion. Ireland’s share is 0.94% or €287 million. Provisional figures for member States’ shares of 2016 Official Development Assistance (ODA) spending from the EU Budget attribute 13.45% to the UK, or €1.23 billion out of a total of €9.13 billion, with Ireland at 1.61% or €147 million. The absence of the full UK contribution would necessarily result in either a significant reduction of the EU’s aid budgets or an increase in the contributions of the remaining member States.

In addition to the impact on levels of funding, if the UK were absent from policy debate, there would be a significant impact in terms of our shared policy objectives in EU discussions. These include the continuing commitment to ODA, a focus on countries most in need, including a strong focus on Africa, and prioritisation of food and nutrition security, health, gender and work in fragile states.

For now, of course, the UK is participating fully in EU development funding and policy discussions. I look forward to continuing to work closely with the UK on development issues and to strengthening our cooperation and discussions with the other EU Member States. Ireland will continue to play a strong role on development and humanitarian issues, at all levels internationally.

The issue of tax transparency and financial regulation in the event of any move to Ireland by international financial sector companies is a matter for my colleague the Minister for Finance.

Question No. 60 answered with Question No. 57.

EU Agreements

Ceisteanna (61)

Maureen O'Sullivan

Ceist:

61. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade his views on current and potential EU agreements on migration and refugees with countries that have questionable human rights records; and his views on the securing of European borders taking precedence over the rights of migrants and the need for a more compassionate approach to migrants by the European Union. [18230/17]

Amharc ar fhreagra

Freagraí scríofa

The EU has responded to the migration crisis by adopting a range of measures. These have included engaging with countries of origin and transit to address the root causes of migration including through bespoke Migration Compacts; agreeing a plan to relocate migrants from Italy and Greece across the Union; the launching of Operation Sophia to disrupt people smuggling in the Mediterranean; and substantial financial assistance to countries hosting large numbers of migrants.

EU Heads of State and Government also concluded a landmark migration deal with Turkey in March 2016, which has resulted in a very substantial reduction in the number of migrants risking their lives at sea and entering the EU from Turkey. €3 billion has been earmarked for the EU-Turkey Refugee Facility to help the estimated 2.8m migrants and refugees being hosted by Turkey. The Facility focuses on humanitarian assistance, education, migration management, health, municipal infrastructure, and socio-economic support. Ireland’s contribution to the Facility is almost €23m.

Human rights and humanitarian values are at the core of the EU and Member States’ approach under the Partnership Framework. We are committed to enhancing human rights safeguards in all negotiations on migration and mobility and to ensuring cooperation frameworks with third countries are built on these principles.

Brexit Issues

Ceisteanna (62)

Brendan Howlin

Ceist:

62. Deputy Brendan Howlin asked the Minister for Foreign Affairs and Trade if he has identified Ireland's red line issues in the EU-UK Article 50 negotiations. [12049/17]

Amharc ar fhreagra

Freagraí scríofa

The triggering of Article 50 on 29 March represented the formal commencement of a process for which Ireland has been preparing intensively and extensively over the last nine months. Indeed, our analysis and contingency planning have been under way ever since late 2014. This has included comprehensive analysis involving all Government Departments of the implications of the UK’s decision to leave the EU on a range of sectors and policy areas. There has also been extensive consultation, including through the all-island Civic Dialogue, and with a range of stakeholders. This work has been led by the Cabinet Committee on Brexit, chaired by the Taoiseach and involving all relevant Ministers, including myself.

Arising from this extensive work, which continues, four headline challenges have been identified and prioritised by the Government as major political issues that will need to be addressed in the negotiations on the UK’s withdrawal from the EU and with regard to the EU-UK future relationship. These are: to protect our economic interests and minimise the impact on our economy and trade; to protect the Northern Ireland Peace Process and the Good Friday Agreement, including the need to maintain the invisible border on the island of Ireland; to maintain the Common Travel Area with the UK; and to secure Ireland’s future in a strong European Union.

I do not think it is helpful in a negotiation such as this to talk of red lines. That said, it is vital that all efforts are made to avoid anything which might undermine stability in Northern Ireland, and relations between North and South. This is an objective that is not only in the interests of Ireland and the UK, but of the EU as a whole. It is the Government’s priority to ensure that the Good Friday Agreement is fully respected and that the overall integrity of settlement is not disturbed. The open border that exists between North and South has been one of the central achievements of the peace process. We are pleased that the EU’s draft negotiating guidelines, as circulated by President Tusk on 31 March and to be considered by the European Council on 29 April, make reference to the importance of protecting the peace process in Northern Ireland and to avoiding a “hard border” on the island of Ireland.

The Common Travel Area is also an important feature of the close relationship between Ireland and the UK with long-established benefits for our people and well-being of our two countries. It is an arrangement that is valued on both islands and continuation of this arrangement is a stated objective of both the Irish and the UK Governments. I therefore welcome both Prime Minister May’s reaffirmation in the Article 50 notification letter of the UK’s intention to maintain the Common Travel Area after the UK withdraws from the EU, and the recognition in the draft European Council guidelines of existing bilateral agreements and arrangements between Ireland and the UK.

Throughout the Article 50 negotiations and the subsequent negotiations on the future relationship between the EU and the UK, we will be working hard to ensure that key sectors of the economy, as well as our overall trading relationship with the UK, are protected to the greatest extent possible. For this reason, we have, within the context of the Article 50 negotiations, argued strongly for transitional arrangements to ensure certainty and continuity for our people and businesses in the period between the finalisation of the withdrawal agreement and the conclusion of an agreement on the future relationship between the EU and the UK. I am therefore satisfied with the phased approach to negotiations that has been set out in the draft European Council guidelines. This seeks to ensure an orderly withdrawal of the UK and includes the possibility of a transitional arrangement with the objective of providing certainty and minimising economic disruption.

Before discussions on the future relationship begin, following the achievement of sufficient progress in the Article 50 negotiations proper, the European Council will adopt additional guidelines on the Union’s approach. Ireland will be supporting the closest possible partnership between the Union and the UK, taking account of the need for a level playing field and the fact that the UK outside the Union will not have the same full set of rights and responsibilities as before.

The strong acknowledgement of Ireland’s unique circumstances in the draft EU negotiating guidelines, the UK Government’s letter of notification and the resolution on the Brexit negotiations that was adopted by the European Parliament on 5 April is clear evidence that the extensive political, diplomatic and official campaign of recent months has been effective in ensuring understanding and recognition of our unique circumstances and specific issues. It reinforces our strong view that these will be resolved satisfactorily.

The Government will produce a position paper on the Article 50 negotiations in advance of the meeting of the European Council on 29 April. This will provide more detail on the Government’s approach to the negotiations on the UK’s withdrawal from the EU, as governed by Article 50 of the Treaty on European Union. This paper will build on the four priorities and will make clear that Ireland is ready for these negotiations in which the Government will be focused on getting the best deal for Ireland.

Humanitarian Aid Provision

Ceisteanna (63)

Bernard Durkan

Ceist:

63. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the extent to which the international community can be mobilised to address the humanitarian crisis arising from war, oppression and starvation in the Horn of Africa, with particular reference to Yemen, Sudan and Somalia; if, in view of the warnings from humanitarian aid organisations, provisions can now be put in place to address the emerging situation; and if he will make a statement on the matter. [18299/17]

Amharc ar fhreagra

Freagraí scríofa

The Government shares the deep concern internationally at the deteriorating humanitarian situation in the Horn of Africa and Yemen. Conflict, drought and loss of livelihoods are forcing people to flee their homes, and millions are suffering from acute hunger and are facing famine. The UN has called on the international community to step up efforts to avoid catastrophe.

In 2016, Ireland provided some €195 million in humanitarian assistance to people affected by crises worldwide. Our assistance is focused on saving lives and alleviating suffering by providing food assistance, treating malnutrition, providing shelter and protection, and basic services in health care, education and water and sanitation.

The continued provision of timely humanitarian assistance by the international community is essential. Last month, Ireland provided €11 million in support to our humanitarian partners in the Horn of Africa, bringing to €115 million our humanitarian assistance to this region since 2012. This includes €31 million to Somalia and €21 million to Sudan. We are currently preparing a further package of humanitarian assistance to our NGO partners on the ground. In addition, we are arranging two airlifts into the region in the coming days carrying 130 tonnes of emergency relief supplies, including blankets, shelter items and cooking sets.

In view of the scale of the humanitarian crisis affecting Yemen, Ireland has provided almost €6 million in humanitarian assistance since 2015, to our partners’ operations in the country.

We will continue to monitor these crises closely and to provide life-saving assistance to people in need.

Question No. 64 answered with Question No. 30.

Northern Ireland

Ceisteanna (65)

Seán Crowe

Ceist:

65. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade his views on whether there has been little progress in the current negotiations in Belfast due to the fact the British Government and the Democratic Unionist Party have not focused on the key issues, which were at the heart of the recent election, and outstanding issues from previous agreements that have not been implemented; his views on whether the political institutions will only work if they are based on delivering equality, integrity and respect for all; and the steps he is taking to ensure the Good Friday Agreement and subsequent agreements are implemented in full. [18297/17]

Amharc ar fhreagra

Freagraí scríofa

Following the Assembly election, I spoke on 5 March with the Secretary of State for Northern Ireland, and the Taoiseach spoke with Prime Minister May. Both Governments agreed on the need for intensive engagement to address outstanding issues and commitments to ensure the early establishment of an Executive. As co-guarantors of the Good Friday Agreement, both Governments have a role to play in supporting the effective operation of the devolved institutions, and in upholding both the letter and the spirit of the Agreement as a whole, in the interests of all in Northern Ireland.

In this context I am representing the Government in the intensive talks in Belfast. These talks have two objectives. Firstly, to allow the political parties to reach an agreement on the formation of a new Executive. Secondly, to address the implementation of outstanding issues from previous Agreements. The discussions are structured around a shared approach put forward by both Governments following on from talks last month where it did not prove possible for the political parties in Northern Ireland to reach agreement on the establishment of a power-sharing Executive before the statutory deadline of 27 March.

Overall there is encouraging progress being made in this renewed phase but I am under no illusions about the challenge of resolving the core issues that remain outstanding. Serious issues remain to be resolved - including those which were to the fore before the collapse of the last Executive and during the election campaign. However with resolve and determination from all the parties, and support and encouragement from the two Governments, I believe a successful outcome is possible.

As part of my engagement with the Secretary of State and with each of the parties in the discussions in recent weeks, I have strongly emphasised the critical importance of forming a new Executive so that Northern Ireland’s interests can be effectively represented, as part of the process of the EU-UK negotiations which are about to commence. I very much hope that the necessary agreement between the parties will be reached on formation of the Executive as soon as possible, so that it can directly represent the interests of the people of Northern Ireland in these negotiations which are of major significance.

As the formal talks pause briefly for Easter, I encourage everyone to maintain informal contacts and to reflect on what can be achieved if, in the weeks ahead, an Executive is established that operates effectively and sustainably. I am convinced that all parties are willing to play their part in reaching such a sustainable agreement which will provide for stable power-sharing government in Northern Ireland underpinned by the principles of the Good Friday Agreement.

The Irish Government as a co-guarantor of that Agreement and the peace process will continue to play its part in facilitating these ongoing talks, working with the British Government and encouraging all parties to reach agreement on the formation of a new Executive that is demonstrably in the best interests of the people of Northern Ireland.

UN Convention on the Rights of Persons with Disabilities

Ceisteanna (66)

Brendan Griffin

Ceist:

66. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied); and if she will make a statement on it. [18430/17]

Amharc ar fhreagra

Freagraí scríofa

Having regard to the rules of the House in relation to Questions asked on a details supplied basis, my Department made contact with the Deputy and I understand that I have his agreement to disclose the subject matter in my reply to the extent necessary to ensure that my answer is useful and informative. The details supplied relate to ratification of the UN Convention on the Rights of Persons with Disabilities.

Ireland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.

It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification. 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) Act 2017 has reformed 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. The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.

I should make the point that the Convention creates no new rights, but rather requires that people with disabilities be treated on an equal basis with others. In particular, service standards and funding are subject to what the Convention describes as ‘progressive realisation’ and are subject to the budgetary decisions of the Government of the day. Issues around the allocation of resources are matters for each annual Budget and are for the individual Departments involved. The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of Deprivation of Liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.

I can assure the Deputy that ratification of the UNCRPD remains an extremely high priority for me as Minister.

Road Safety

Ceisteanna (67)

Róisín Shortall

Ceist:

67. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the steps she will take to curb the use of mobile phones by drivers; and if she will make a statement on the matter. [18510/17]

Amharc ar fhreagra

Freagraí scríofa

I would like to thank the Deputy for raising this important issue. I am deeply conscious of the serious issue of road safety and mindful of the increase in 2016 of road traffic fatalities on the corresponding figure for 2015. I am also mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving more generally on the quality of life of residents in local communities across the country.

The Deputy will appreciate that I have no direct role in the enforcement of road traffic legislation, 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 use of a mobile phone. Both strategic, targeted operations and general methods of enforcement have a valuable role to play in An Garda Síochána's road traffic 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.

Underpinning this, An Garda Síochána’s Modernisation and Renewal Programme (2016-2021) sets out key strategic objectives for Road Policing which will inform and guide An Garda Síochána's Road Policing plans over the next 5 years. Under the Programme, the Commissioner will undertake a number of road safety traffic enforcement initiatives, including expanding the use of technology and increasing checkpoints.

Garda Investigations

Ceisteanna (68)

Bernard Durkan

Ceist:

68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 105 of 30 March 2017, the steps being taken to protect a person (details supplied); and if she will make a statement on the matter. [18392/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that criminal investigations are properly dealt with by An Garda Síochána in the first instance and it is not open to me, as Tánaiste, to intervene in individual cases. That being said, I would recommend that the person in question makes contact with their local/nearest Garda station as soon as possible to outline the situation to Gardaí directly. Alternatively, and if this person so wished, they could contact An Garda Síochána by using the Garda Confidential Line, Tel: 1800 666111, which provides a ready means of communicating information to the Gardaí anonymously.

To be of assistance, I have arranged for a copy of the Deputy's question, and this reply, to be sent to the Garda authorities for their attention and whatever action deemed necessary.

Garda Youth Diversion Projects

Ceisteanna (69)

Jonathan O'Brien

Ceist:

69. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the details of funding allocated to each Garda youth diversion project for each year from 2014 to 2016 and to date in 2017; and the name of the organisations managing the projects and the geographic area they cover. [18404/17]

Amharc ar fhreagra

Freagraí scríofa

The full range of information requested by the Deputy is not readily available and could not be compiled without a disproportionate use of resources. However, as much information, in so far as it is practicable, in relation to the matters raised by the Deputy will be forwarded to him in due course.

The deferred reply under Standing Order 42A was forwarded to the Deputy.

Departmental Funding

Ceisteanna (70)

Jonathan O'Brien

Ceist:

70. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the details of funding allocated during each year of its lifetime to implementing the last national action plan against racism. [18407/17]

Amharc ar fhreagra

Freagraí scríofa

Expenditure under the National Action Plan Against Racism was as follows:

Year

2005

1,000,000

2006

2,001,000

2007

1,224,000

2008

721,000

Full details are contained in Appendix 5 to the Final Report on the Plan which was published in January 2009 and can be viewed on the Racism section of www.integration.ie.

International Agreements

Ceisteanna (71)

Jonathan O'Brien

Ceist:

71. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the projected cost of implementing the Istanbul Convention in full. [18409/17]

Amharc ar fhreagra

Freagraí scríofa

The Istanbul Convention is a significant legal instrument in tackling domestic and sexual violence. It has a broad scope involving a range of legislative and administrative actions to be implemented across a range of Government Departments and agencies. Ireland is largely compliant with the Convention. The additional actions necessary to ratify the Convention are set out in a multi-annual action Plan which was published when Ireland signed the Convention on 5 November 2015. These actions are also contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021, published in January, 2016. It is intended that they will be delivered by the first quarter of 2018. The strategy is a whole of Government approach, involving seven Government Departments and a number of State bodies, including Tusla and An Garda Síochána. The Government is committed to the ratification and full implementation of the Istanbul Convention.

Most of the strategy's actions are being delivered within current resource allocations. To disaggregate the cost of Istanbul actions to date from overall budgets in the wide range of Departments and bodies involved would take a disproportionate amount of time. Additional funding, where required, will form part of the normal estimates process. It is not possible at this time to determine projected cost.

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