Written Answers Nos. 38-48
38. Deputy Bríd Smith asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the Coillte and South Dublin County Council plans for a location (details supplied); his views on whether this may be an inappropriate intervention in these important forest areas; and if he will make a statement on the matter. [21112/17]
Amharc ar fhreagraCoillte was established as a private commercial company under the Forestry Act 1988 and day-to-day operational matters, such as the management and development of their forest estate, are the responsibility of the company.
I am aware of the proposed development of a gateway facility for visitors to the Dublin Mountains which involves the creation of a visitor information centre, café, toilets and information hub at Coillte’s Hellfire forest property in South Dublin, along with an upgraded trail network for walkers throughout the Hellfire and Massey’s Wood properties. I understand that South Dublin County Council are leading this project supported by Coillte and that the project team have carried out extensive informal consultation with local residents along the approach roads to the facility, with adjoining landowners and with the wider public. I am advised that, once the planning application is lodged with An Bord Pleanála, formal statutory consultation will commence.
In relation to the actual forest and woodland involved, Coillte advise that the valuable biodiversity and mixed woodland habitat that comprises Massey’s wood is being retained in its entirety. Coillte add that the project will see the removal of laurel and invasive species from along the stream and river edges, opening up the vistas along the watercourses enjoyed many years ago. I am advised, in relation to the Hellfire property, it is proposed to change more than twenty hectares of conifer forest to native mixed broadleaves over a ten to twenty year period and therefore to grow the biodiversity of this area also. I understand that there will also be an interesting interpretation of the rich natural and built heritage to be seen and explored in the area. I am advised that there will be a trail around the top of Montpelier Hill which will give a 360-degree panorama over Dublin City and Bay and south to the Wicklow Mountains, all brought to life with information panels as the breath-taking views change along the route.
I understand that, as mentioned, the project team have carried out extensive informal consultation and that, having listened carefully to local concerns raised, have scaled back the proposal considerably with the building itself now less than 50% of the scale originally proposed and comprising only those facilities needed to give information and provide refreshments and toilet facilities for groups and individuals visiting the Mountains.
Coillte advise that there is currently no orientation facility for visitors to the Dublin Mountains and that this development will make the trails, heritage and landscapes of the Mountains far more accessible to those who are visiting for the first time, both from Ireland and overseas. I understand that many people enjoy forest recreation and that it enhances both physical and mental wellbeing. Coillte further advise that this development will bring the Dublin mountains to life for many of the city’s residents and visitors from overseas.
As I note that the planning application is to be lodged with An Bord Pleanála, I await the outcome of that process.
39. Deputy Aindrias Moynihan asked the Minister for Agriculture, Food and the Marine if he has made a decision on the relocation of the regional veterinary laboratories; and if he will make a statement on the matter. [21056/17]
Amharc ar fhreagraThe Department of Agriculture Food and the Marine (DAFM) Laboratories are an integral part of the Department, providing critical scientific evidence and expertise (in animal health, food safety and plant sciences) which allows the Department to function effectively as a regulator, to deal with new and emerging risks and to rapidly respond to disease outbreaks and food safety incidents. The laboratories also provide valued services and advisory support to the farming community, the food industry and wider society.
The ambitious targets of the Agri-food industry for growth and development over the next decade, as set out in Food Wise 2025, must be underpinned by robust systems which protect and enhance our reputation as a producer of safe and wholesome food and one of the ways in which we must respond to this challenge is by developing a long-term strategy for the laboratories - building on existing capability and expertise in animal health, food safety and plant sciences, and ensuring we achieve both operational and scientific excellence.
This was the primary reason for tasking a Working Group led by Prof. Alan Reilly to undertake a comprehensive review of the Department’s Laboratories. This review has considered both the central laboratory complex at Backweston and the eight regional laboratories located at Athlone, Cork, Kilkenny, Limerick and Sligo.
The Group has presented a report to the Department, which makes recommendations on:
- Oversight and co-ordination of the laboratories activities
- Re-organisation of Divisions and support functions within the Central Laboratory complex
- Options for the future development of the Regional Laboratories – with a view to improving disease investigative and surveillance capability but with the over-riding imperative of maintaining and enhancing services to farmers and
- Human resources management within the laboratories - with a focus on grading structures, career development opportunities and workforce planning
To date no decision has been taken in respect of the options proposed for the Regional Veterinary Laboratories (RVLs). My Department is currently completing a consultative process with all relevant stakeholders on the Working Group report (including on the options for RVLs). A cost-benefit analysis of the various options proposed will be undertaken. Any decision I make on the RVLs will be informed by the consultative process and the outcome of the cost-benefit analysis.
40. Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine his plans to hold public consultations in each county on the mapping process for the review of the areas of natural constraint. [20878/17]
Amharc ar fhreagraUnder the Rural Development Regulation each Member State must designate areas eligible for payments under the Areas of Natural Constraints (ANC) scheme. The ANC scheme replaces the previous Disadvantaged Areas Scheme / Less Favoured Areas Scheme. The designation of eligible areas under these schemes to date has been based on a range of socio-economic factors. These eligible areas must now instead be designated using a set list of bio-physical criteria. In cases where a Member State does not introduce this new system for payment, the old scheme remains in place but payments must phase out on a digressive basis.
The biophysical criteria set out in the legislation to underpin the new system of designation are:
- Low temperature
- Dryness
- Excess soil moisture
- Limited soil drainage
- Unfavourable texture and stoniness
- Shallow rooting depth
- Poor chemical properties
- Steep slope.
My Department has commenced work on this project, and relevant technical experts are currently working on sourcing and analysing the data in relation to the new criteria. Department officials have also been in contact with the Joint Research Centre (JRC) and DG Agri in the EU Commission in relation to technical issues arising. This analysis will identify areas deemed to be facing natural constraints, which will in parallel be subjected to a refinement process. It is envisaged that stakeholders will be consulted as this process develops.
41. Deputy Aindrias Moynihan asked the Minister for Agriculture, Food and the Marine if he has secured funding from the Department of Public Expenditure and Reform for the reconfiguration of the regional veterinary laboratories; and if he will make a statement on the matter. [21057/17]
Amharc ar fhreagraThe Department of Agriculture Food and the Marine (DAFM) Laboratories are an integral part of the Department, providing critical scientific evidence and expertise (in animal health, food safety and plant sciences) which allows the Department to function effectively as a regulator, to deal with new and emerging risks and to rapidly respond to disease outbreaks and food safety incidents. The laboratories also provide valued services and advisory support to the farming community, the food industry and wider society.
The ambitious targets of the Agri-food industry for growth and development over the next decade, as set out in Food Wise 2025, must be underpinned by robust systems which protect and enhance our reputation as a producer of safe and wholesome food and one of the ways in which we must respond to this challenge is by developing a long-term strategy for the laboratories - building on existing capability and expertise in animal health, food safety and plant sciences, and ensuring we achieve both operational and scientific excellence.
This was the primary reason for tasking a Working Group led by Prof. Alan Reilly to undertake a comprehensive review of the Department’s Laboratories. This review has considered both the central laboratory complex at Backweston and the eight regional laboratories located at Athlone, Cork, Kilkenny, Limerick and Sligo. The Group has presented a report to the Department, which makes recommendations on:
- Oversight and co-ordination of the laboratories activities
- Re-organisation of Divisions and support functions within the Central Laboratory complex
- Options for the future development of the Regional Laboratories – with a view to improving disease investigative and surveillance capability but with the over-riding imperative of maintaining and enhancing services to farmers and
- Human resources management within the laboratories - with a focus on grading structures, career development opportunities and workforce planning
To date no decision has been taken in respect of the options proposed for the Regional Veterinary Laboratories (RVLs). My Department is currently completing a consultative process with all relevant stakeholders on the Working Group report (including on the options for RVLs). A cost-benefit analysis of the various options proposed will be undertaken. Any decision I make on the RVLs will be informed by the consultative process and the outcome of the cost-benefit analysis.
At this stage, it is too early to estimate funding requirements for the RVLs with any degree of accuracy. Any such requests for funding, will be subject to the annual estimates process.
42. Deputy Noel Grealish asked the Tánaiste and Minister for Justice and Equality the number of rental agreements registered with the Property Services Regulatory Authority following the introduction of the Land And Conveyancing Law Reform Act 2009; and if she will make a statement on the matter. [21270/17]
Amharc ar fhreagra43. Deputy Noel Grealish asked the Tánaiste and Minister for Justice and Equality the number of rental agreements registered with the Property Services Regulatory Authority from 2004 to 2009; and if she will make a statement on the matter. [21271/17]
Amharc ar fhreagra44. Deputy Noel Grealish asked the Tánaiste and Minister for Justice and Equality the number of rental agreements registered with the Property Services Regulatory Authority that contain upward only rent review clauses; and if she will make a statement on the matter. [21272/17]
Amharc ar fhreagraI propose to take Questions Nos. 42 to 44, inclusive, together.
I understand that the Deputy's Questions relate to the commercial leases database which is maintained by the Property Services Regulatory Authority.
The Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012, pursuant to the Property Services (Regulation) Act, 2011. Section 87 of the 2011 Act provides that the Authority shall establish and maintain a database relating to commercial property leases. The Commercial Leases Database was established pursuant to sections 87 and 88 of the Act and provides for the publication of lease agreements as declared to the Revenue Commissioners for stamp duty purposes. Since the establishment of the e-stamping facility by the Office of the Revenue Commissioners in December 2009, information relating to a total of 55,420 commercial leases have been provided to the Authority detailing the address, level of rent payable, date and term of lease agreed. Tenants, who have entered into lease agreements with effect from 3 April 2012 are statutorily required to furnish the Authority with additional details of the lease, as provided for in section 88 of the Act. The number of commercial leases in relation to which information has been received by the PSRA is set out in the following Table. The PSRA has no statutory remit in recording upward only rent review clauses as part of any commercial lease agreement and does not request this information.
Table: Number of Commercial Leases on which information was received by the PSRA
|
Year |
No. of Commercial Leases |
|
2010 |
6,754 |
|
2011 |
6,758 |
|
2012 |
6,940 |
|
2013 |
6,779 |
|
2014 |
7,540 |
|
2015 |
9,582 |
|
2016 |
8,882 |
|
2017 (to date) |
2,185 |
|
Total |
55,420 |
45. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to develop a multi-year public awareness strategy to target women experiencing domestic violence, perpetrators of domestic violence, the general public and statutory bodies. [21149/17]
Amharc ar fhreagraThe Government and I as Tánaiste and Minister for Justice and Equality are totally committed to tackling domestic violence. A national awareness campaign on domestic and sexual violence is a key action under the prevention pillar of the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021. The Strategy is being monitored by a range of key state and non-governmental organisations working in the domestic and sexual violence sectors. In addition, an advisory group on the national awareness campaign includes state and non-governmental organisations working in the domestic and sexual violence sectors and campaign experts.
It is intended that the "What would you do?" campaign, which was launched in November 2016, will run for a period of 6 years up to 2021. The campaign recognises that women and men are victims of domestic and sexual violence. The first 3 years will focus on domestic violence to be followed by 3 years dealing with sexual violence but elements of each will be interwoven into each phase of the campaign.
The overall aim of the campaign is to increase the awareness of society of domestic and sexual violence, to bring about a change in long established societal behaviours and attitudes and to activate bystanders with the aim of decreasing and preventing this violence. As a society we must speak out about domestic violence and leave perpetrators in no doubt that this violence will not be tolerated in our country. I believe that these are achievable goals.
"What would you do?" is designed to be a high impact media campaign to reach a national audience that features TV, cinema, radio, outdoor, social and digital advertising. The campaign aims to reduce the very real suffering of those affected through the actions and assistance of bystanders who have been moved to take action by this powerful campaign and the call to action directs people to search the comprehensive campaign website whatwouldyoudo.ie for information and advice on domestic violence for bystanders, victims and perpetrators.
In order to run the campaign, I secured funding of €950,000 for 2016 and also for 2017. In addition €200,000 has been awarded under the Dormant Accounts Fund for the years 2016-2017 to deliver the message of the national campaign at a local level through media partnerships with service providers across the country.
The creative and media agencies TBWA\Dublin and PHD Media Ireland were selected through a rigorous EU wide tender process to work with Cosc - the National Office for the Prevention of Domestic, Sexual and Gender-based Violence to develop and implement the campaign.
Another key objective of the Second National Strategy is to hold perpetrators to account, and in this regard, a range of actions are incorporated in the Strategy which include the continued development of domestic violence perpetrator programmes during the lifetime of the Strategy.
46. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to develop a domestic violence emergency response system in the event of high-risk violent offenders that may ignore barring or protection orders. [21150/17]
Amharc ar fhreagraI have sought information from the Garda Síochána in relation to plans to develop a domestic violence emergency response system in relation to high risk violent offenders ignoring barring or protection orders. I will revert to the Deputy upon receipt of this information.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 46 for answer on 4th May 2017, in which you requested information on the then Tánaiste and Minister for Justice and Equality's plans to develop a domestic violence emergency response system in the event of high risk violent offenders that may ignore barring or protection orders.
As you will recall, the information you requested could not be obtained in the time available, and the then Tánaiste and Minister for Justice and Equality undertook to contact you again.
An Garda Síochána is the emergency response service in all incidents where criminal offences are being committed.
An Order issued under the Domestic Violence Act 1996, as amended, is a direction by the Court to bring the offender before the Court if the order is breached. In the case of a breach of an Order under this Act, members of the public should contact An Garda Síochána immediately by calling 112 or 999.
The breach of an order is a criminal offence. Where a member of An Garda Síochána has reasonable cause for believing that an offence is being or has been committed in respect of an order under the Domestic Violence Act 1996 the member may, on complaint being made to him or her or on behalf of the person who was the applicant to which the order relates, arrest the respondent without warrant. A member of An Garda Síochána can for the purpose of arresting a respondent, enter by force if need be any place the member suspects the respondent to be.
All Garda personnel have received training in the investigation of incidents of domestic abuse, in all its forms. Additional and more specific training has been developed by the Director of Training, in conjunctionwith the Garda National Protective Services Bureau, for personnel selected for duty with the pilot Divisional Protective Services Units which recently commenced in three Garda Divisions - the DMR West (Blanchardstown); Cork city, and Louth.
An Garda Síochána has also recently issued a revised policy for intervention in domestic abuse incidents, which is a ‘live’ document, and outlines processes and procedures to be undertaken by Garda personnel when investigating such incidents. The Policy will be the subject of review and amendment, arising from new or amending legislation.
This policy outlines that Garda personnel, when dealing with victims of domestic abuse will have regard to a range of issues including the following:
- Orders in force, in accordance with the Domestic Violence Act 1996 as amended
- Any previous incidents of domestic abuse- The scale of abuse in previous incidents- Previous violent behaviour of the perpetrator.
When dealing with the victim, the Garda attending the scene will keep in mind the emotional and physical pain the victim may be suffering, while ensuring all available evidence is obtained.
If the victim has injuries, medical assistance will be arranged by the Garda attending the scene.
The Garda will explain to the victim the investigation process and the continued liaison which will be maintained throughout the investigation.
Victims are advised of a suitable safety plan, and are provided with the relevant contact details for the emergency services.
Victims are provided with the information, support and protection in accordance with the terms of the Garda Victim Service Policy and the EU Victims Directive.
The victim is provided with a copy of the relevant Domestic Abuse information literature and is made aware of the relevant services, both statutory and voluntary, in the area which may be of assistance to them.
The victim’s complaint is investigated without bias or discrimination.
I hope this information is of assistance.
47. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to introduce a system to ensure victims of domestic violence get priority access to legal advice and legal aid. [21151/17]
Amharc ar fhreagraI can inform the Deputy that the Legal Aid Board’s current policy is to ensure that victims of domestic violence receive a priority service at all times and have a minimal wait to receive legal advice and/or aid.
Among the matters for which the Board provides legal services are applications for domestic violence remedies (barring orders, safety orders, interim barring orders and protection orders). Applicants must make an application for legal services at a Legal Aid Board law centre. If the Board does not have a law centre solicitor available, a legal aid certificate will be granted to enable the applicant seek representation by a private solicitor.
In practice, nearly all eligible applicants for legal services in the Dublin Metropolitan District Court in connection with domestic violence remedies, are referred to the Dolphin House office and are referred to a private solicitor. Outside Dublin eligible applicants will be offered the next available priority appointment with a law centre solicitor. If a solicitor is not available, a legal aid certificate will be granted to enable the applicant seek representation by a private solicitor.
48. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the rehabilitation programmes currently in place for perpetrators of domestic violence offences. [21152/17]
Amharc ar fhreagraDomestic violence perpetrator programmes in Ireland are delivered through a combination of non-governmental organisations and the Probation Service. Currently programmes run in 14 locations with more programmes due to come on stream later this year.
The key aims of the programmes include the following:
- to reduce violent and controlling behaviour by perpetrators who undertake the programme resulting in improved safety and quality of life for their partners and their children.
- the development of a partnership approach between women's support service providers and those delivering perpetrator programmes.
- the operation, as appropriate, of a rehabilitation focused community alternative to prison.
Building on the work carried out in this area under the first National Strategy, the current National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 includes actions to:
- put in place a uniform risk assessment system across programmes
- develop a national intervention programme.
- develop a group-work programme for partners and ex-partners of perpetrators on the programme.
Work is in train or has been completed in relation to many of these actions. For example, the risk assessment tool is now in place with programme staff trained in it. In conjunction with work on risk assessment, the implementation of an intervention model known as the Choices Programme, is being advanced with training in this model currently underway with the providers of the perpetrator programmes. The intention is that this intervention model will be rolled out as the uniform national programme to be delivered by all domestic violence perpetrator programmes during 2017/2018. Work on the delivery of a group programme for partners and ex-partners to augment all of this work will also be further progressed over the next 18 months.
Looking further ahead, it is anticipated that demand for placement on programmes will increase due to the proposed changes in the Domestic Violence Bill 2017 which provide that a court when making a safety order, a barring order or an emergency barring order may recommend that a respondent engage with a programme for perpetrators of domestic violence. In that context it is intended to establish further programmes over the lifetime of the National Strategy.
