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Thursday, 4 May 2017

Written Answers Nos. 71-81

Prison Service Staff

Ceisteanna (71)

Eamon Scanlon

Ceist:

71. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality her plans for a recruitment competition for prison officers, having regard to factors such as retirements from the Irish Prison Service; the procedures to be used; and if she will make a statement on the matter. [21250/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Prison Service that in 2016, the Public Appointments Service launched a recruitment campaign for Recruit Prison Officers, the first since 2008.

It is intended to recruit approximately 80 new Recruit Prison Officers in 2017 and a further 216 Recruit Prison Officers in 2018.

Garda Deployment

Ceisteanna (72)

Niall Collins

Ceist:

72. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if she will provide additional resources to a Garda station (details supplied); if she will give assurances to the local community, who are seriously concerned at the situation; and if she will make a statement on the matter. [21266/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions, Districts and stations and I, as Minister, have no direct role in the matter. Garda management constantly monitor the distribution of resources in the light of crime trends and overall policing needs including with respect to concerns about public order and anti-social behaviour. It is the responsibility of the Divisional Officer to allocate personnel within his or her Division.

The areas mentioned by the Deputy are patrolled by members assigned to the Dublin Metropolitan Region (DMR) South Division. I have been informed that the number of Gardaí assigned to this Division on the 31 March 2017, the latest date for which figures are readily available, was 536. Of these, 238 members were assigned to the Tallaght District which is also supported by 7 Garda Reserves and 12 civilians. 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 and the Garda National Drugs and Organised Crime Bureau.

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 to 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.

This plan is progressing well. This year, 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. Funding has also been provided for the recruitment of 300 Garda Reserves.

I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that 981 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 82 of whom have been assigned to the DMR South Division. I am also informed that another 600 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the DMR South Division in the coming years.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.

Magdalen Laundries

Ceisteanna (73)

Catherine Connolly

Ceist:

73. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions Nos. 97 and 98 of 8 February 2017, if she will clarify her statement (details supplied); and if she will make a statement on the matter. [21307/17]

Amharc ar fhreagra

Freagraí scríofa

Further to my reply to Parliamentary Questions 97 and 98 of 8 February I wish to reiterate that Magdalen Laundries were private institutions under the sole ownership and control of the religious congregations concerned and had no special statutory recognition or status. The Magdalen Institutions did interact with certain Government agencies, sometimes on the same basis as a commercial enterprise and other times as the provider of social services for particular individuals for which they received State funding. As stated previously, there was no finding in the McAleese Report which indicated that the State had any liability in the matter.

The institution the subject of the earlier Parliamentary Questions was not investigated by the McAleese Committee and is not covered by the Magdalen Restorative Justice Ex-gratia Scheme. It was in fact provided for under the terms of the Residential Institutions Redress Scheme.

Residential Institutions Redress Scheme Eligibility

Ceisteanna (74)

Catherine Connolly

Ceist:

74. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality her views on the fact that persons worked in institutions (details supplied) unlawfully while they were supposed to be receiving education in residential schools; her plans to allow these persons into the redress scheme; and if she will make a statement on the matter. [21308/17]

Amharc ar fhreagra

Freagraí scríofa

The Magdalen Restorative Justice Ex-gratia scheme applies to 10 Magdalen institutions and 2 specific training schools. It does not extend beyond those institutions and there are no plans to extend it beyond those institutions. As the legal proceedings to which the Deputy refers are ongoing, I am restricted from commenting in detail on the matters raised.

Garda Deployment

Ceisteanna (75)

Eugene Murphy

Ceist:

75. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality when the post of community Garda for the Taughmaconnell area of County Roscommon will be filled; and if she will make a statement on the matter. [21320/17]

Amharc ar fhreagra

Freagraí scríofa

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 in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I am further informed by the Commissioner that the Taughmaconnell area is covered by the Roscommon District and that as of the 31 March 2017, the latest date for which figures are readily available, there were 80 Garda assigned to this District, 2 of which were Community Garda.

The Commissioner has also 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 Garda 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. This year, 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. Funding has also been provided for the recruitment of 300 Garda Reserves.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division including the Roscommon District.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that the new resources now coming on stream will see an increase in Garda visibility in our communities.

Charities Regulation

Ceisteanna (76)

Thomas P. Broughan

Ceist:

76. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if religious orders are subject to regulations under the Charities Act 2009; if they are obliged to publish annual reports; and if she will make a statement on the matter. [21324/17]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the provisions of the Charities Act 2009, a charitable organisation is an organisation which has exclusively charitable purposes, operates in the Republic of Ireland and provides clear public benefit. Organisations which meet the above criteria should apply for inclusion on the statutory Register of Charities which is maintained by the Charities Regulatory Authority ('Charities Regulator'). The Charities Regulatory Authority is independent in the performance of its statutory functions.

Section 40 of the Charities Act 2009 provided for the automatic registration of those organisations which, as of 16 October 2014, held a valid charitable tax exemption (CHY number) issued by the Revenue Commissioners. Such charities are deemed registered with the Charities Regulator so long as they are entitled to hold this charitable tax exemption. On 16 October 2014, 8,452 such charities were automatically registered with the Regulator.

All registered charities, which would include some religious orders, are subject to the requirements of the Charities Act 2009 including a requirement to report annually to the Charities Regulator. All registered charities appear on the Charities Regulator's Register of Charities which is publicly available on the Regulator's website, www.charitiesregulatoryauthority.ie.

Prison Education Service

Ceisteanna (77)

Fiona O'Loughlin

Ceist:

77. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality when a review will take place of education provision in prisons and of the three year joint education strategy with the education and training boards for the 2016 to 2018 period; and if she will make a statement on the matter. [21327/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to inform the Deputy that the Joint Irish Prison Service/Education Training Board Ireland Education Strategy 2016-2018 for the Prison Education Service, which I launched in conjunction with the Irish Prison Service Strategic Plan 2016-2018 on 27 June 2016, will be subject to an annual meeting to review its implementation. The first of these review meetings took place on 11 November 2016 and was attended by representatives of the Irish Prison Service and by CEOs of the Education Training Boards and Prison Head Teachers. It is envisaged that a new Joint Irish Prison Service/ Education Training Board Ireland Education Strategy will be formulated at the completion of the current Strategy.

The Joint Education Strategy Statement details how the Irish Prison Service and Education Training Boards will work together to ensure the effective and efficient delivery of education within Irish prisons.

The provision of a broad-based, flexible relevant education service is designed to cater for the complex educational needs of persons in custody, covering a wide spectrum from Basic Education to Third Level programmes. It balances the need for practical, up-to-date accredited learning and learning for personal development within a philosophy of Second Chance, Continuing or Adult Education.

Question No. 78 answered with Question No. 66.

Commercial Rates

Ceisteanna (79)

Eamon Scanlon

Ceist:

79. Deputy Eamon Scanlon asked the Tánaiste and Minister for Justice and Equality the rationale behind the decision to reclassify equine properties, which have traditionally been classified as agricultural operations; the person or body with overall responsibility for this decision, in view of the fact that all equine premises must be registered with the Department of Agriculture, Food and the Marine and must comply with its regulations; and if she will make a statement on the matter. [21335/17]

Amharc ar fhreagra

Freagraí scríofa

The Valuation Acts 2001 to 2015 provide for the valuation of all commercial and industrial property for rating purposes. The Commissioner of Valuation is independent in the performance of his functions under the Acts and the making of valuations for rating is his sole responsibility. I, as Minister for Justice and Equality, have no role in decisions in this regard. Under Irish law there is a distinct separation of function between valuation of rateable property and setting and collection of commercial rates. The amount of rates payable in any calendar year is a product of the valuation set by the Commissioner, multiplied by the Annual Rate on Valuation (ARV) decided annually by the elected members of each local authority.

Having a modern valuation base is very important for the levying of commercial rates on a fair and equitable basis across all economic sectors. This has been the policy of successive governments and is the express purpose of the National Revaluation Programme now being rolled out by the Valuation Office. The Valuation Acts provide for revaluation of all rateable property within a rating authority area so as to reflect changes in value due to economic factors such as business turnover, differential movements in property values or other external factors and changes in the local business environment. The Valuation Office is currently engaged in a national revaluation programme, the immediate objective of which is to ensure that the first revaluation of all rating authority areas in over 150 years is conducted across the country, as soon as possible, and on a phased basis. This is a welcome and positive development which is long overdue and on which considerable progress has been made to date.

Revaluation is an important instrument in addressing historical anomalies in relation to commercial rates for both urban and rural properties and between particular classes of property within a local authority area. The general outcome of revaluations conducted to date by the Valuation Office has been that about 60% of ratepayers have had their liability for rates reduced following revaluation and about 40% had an increase, a pattern which is expected to be replicated elsewhere as the programme advances. The current phase of the national revaluation programme, "REVAL 2017", covers revaluation of all rateable properties in counties Longford, Leitrim, Roscommon, Westmeath, Offaly, Kildare, Sligo, Carlow and Kilkenny where a revaluation is being undertaken for the first time since the nineteenth century. It also includes the second revaluation of South Dublin County Council area. Revaluation in these counties will be completed in September 2017 and become effective for rating purposes from 2018 onwards.

Where the Valuation Office proposes to enter a new valuation or amend an existing valuation on a Valuation List, there is an extensive process available to cater for ratepayers who may be dissatisfied with the proposed valuation. A dissatisfied person can make representations to the Valuation Office within 40 days of the date of issue of the proposed valuation certificate. The Valuation Office will consider any such representations and may or may not change the proposed valuation depending on the circumstances of each individual property. If any ratepayer is still dissatisfied with the final valuation to be placed on their property following consideration of the representations, they have a right to lodge a formal appeal with the Valuation Tribunal, which is an independent statutory body established for the purpose of hearing appeals against decisions of the Commissioner of Valuation.

Specifically in relation to property used in the equine industry, I am advised by the Valuation Office that there has been some apparent confusion as to the rateability of certain elements of the industry. The Valuation Act 2001 (Schedule 3, Sections 1(a) and (b)) provides that all buildings and lands used or developed for any purpose, are rateable. The basic premise under the Act is that all interests (including buildings) and all developed land are rateable unless expressly exempted under Schedule 4.

Regarding the Deputy's specific question, I am advised by the Commissioner of Valuation that no re-classification of properties from rateable status to exempt status has occurred within the general equine industry since the Valuation Act 2001 came into force on 2 May 2002. The only element of the equine industry which satisfies the exemption provisions in Schedule 4 is the breeding of horses. Buildings used for breeding of horses are classified as being of agricultural use and are "farm buildings" as defined in the Act. Therefore these buildings are exempted from the payment of rates under paragraph 5 of Schedule 4. On the other hand, buildings used for the training of racehorses, recreational equestrian purposes or livery premises are rateable under the Act because they are considered to be part of a commercial enterprise. Such buildings would typically include stables for horses, covered riding arenas, tack rooms and ancillary buildings used to support the enterprise. While acknowledging the important contribution which all elements of the equine industry make to the economy, there are no plans to reclassify these as exempt from rates. To do so would be at variance with the provisions in the Valuation Acts which maintains the long-standing position that all property occupied and used for commercial enterprises are liable for rates. Exceptions to this key principle would quickly be followed by demands for similar treatment from the providers of other equally important services and products, which would be difficult in equity to resist. This could thus substantially reduce local authority revenues, which would have to be made good by imposing corresponding increases on the remaining ratepayers.

Question No. 80 answered with Question No. 60.

Tax Credits

Ceisteanna (81)

Colm Brophy

Ceist:

81. Deputy Colm Brophy asked the Minister for Finance the number of persons who have claimed the blind person's tax credit in each of the years from 2014 to 2016; and if he will make a statement on the matter. [21145/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by Revenue that a Costs of Tax Expenditures Table is available on the Revenue Statistics webpage at http://www.revenue.ie/en/about/statistics/costs-expenditures.html.

This table provides an annual breakdown of the numbers availing of the credit and the cost to the Exchequer for the ‘Blind Person's or Civil Partners Credit (including Guide Dog Allowance)' for each of the years 2004 to 2014, the latest year for which data are available.  The table will be updated in due course as newer data become available.

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