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Tuesday, 11 Jul 2017

Written Answers Nos. 1-47

Defence Forces Personnel Data

Ceisteanna (37)

Brendan Ryan

Ceist:

37. Deputy Brendan Ryan asked the Taoiseach and Minister for Defence the number of legal advisers that are employed by the Defence Forces; the cost of training such legal advisers; if the said personnel are required to reimburse the State for the training; and if he will make a statement on the matter. [32481/17]

Amharc ar fhreagra

Freagraí scríofa

The role of Legal Officers employed by the Defence Forces is to advise the Chief of Staff on legal matters pertaining to the Defence Forces. Separately, legal advice for the Minister is provided by the Office of the Attorney General. I am informed that there are currently a total of seven (7) Legal Officers employed in the Legal Service Branch of the Defence Forces. It is difficult to itemise training costs specifically attributable to training Legal Officers. This is due to many variables depending on the educational route chosen by the individual officer. By way of example, the cost attributable to a postgraduate who may have funded his/her own primary degree is different to the costs associated with an undergraduate Cadet who achieves his degree through the USAC (University Students Administrative Complement) Scheme. Part of training/educational costs can be covered also through a refund of fees scheme. The amount recoupable under this scheme varies from year to year according to the budgetary amounts allocated and the number of applicants. In addition, the Legal Services Branch has an annual budget for external courses as part of continuous professional development (CPD). This budget is set at €9,000 for 2017. Amounts recoupable also vary according to the number of applicants.

Further education with third level institutions is conditional on a requirement to sign a service undertaking which involves the serving of a period of time which reflects the investment in attaining training and skills. When members of the Permanent Defence Force (PDF) retire, resign their commissions or discharge from the Defence Forces, they are required to reimburse the Department of Defence for any period of their service undertaking that they have not served in lieu of their signed undertaking.

Officers who undertake professional training at the Honourable Society of Kings Inns or the Law Society do so under the various schemes open to all Defence Forces personnel in line with the Training and Education Policy and Strategy. The duration of the resultant undertaking is specific to each course taking into account a number of factors including overall cost.

Naval Service Operations

Ceisteanna (38)

Fiona O'Loughlin

Ceist:

38. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence his plans for continued support for migrants in the Mediterranean area by the Naval Service; and if he will make a statement on the matter. [25500/17]

Amharc ar fhreagra

Freagraí scríofa

In April 2017, the Government approved the despatch of a Naval vessel to the Mediterranean to undertake humanitarian search and rescue tasks as part of a bilateral arrangement with the Italian authorities. Similar arrangements were put in place in 2015 and 2016. The role of the Irish Naval vessels is to provide a search and rescue capability and to undertake humanitarian search and rescue operations at sea in the Mediterranean. L.É. Eithne was deployed on 23 May 2017 and this year to date, has rescued 1,187 persons from unseaworthy crafts. Overall 16,808 migrants have been rescued since Irish Naval Service vessels were first deployed in the Mediterranean in May 2015.

The despatch of Irish Naval vessels is facilitated as part of a bilateral arrangement with the Italian Government on the deployment and operation of the vessels and on the disembarkation and reception of any persons rescued or vessels in distress, in accordance with the applicable international conventions on the rescue of persons in distress at sea.

L.É. Eithne is due to return home later this month and it is our intention, subject to agreement from the Italian authorities, to deploy a further vessel to the Mediterranean to replace L.É. Eithne.

Ireland is fully supportive of the EU approach to the migration crisis. In this connection, EUNAVFOR MED (Operation Sophia) is another element of a comprehensive approach to addressing the migration crisis in the South Central Mediterranean. Operation Sophia is the EU Naval Operation designed to disrupt the people smuggling operations in the Mediterranean and to enforce the arms embargo on Libya. Potential participation by Ireland in the mission is currently being considered. EUNAVFOR MED is an armed international peace support operation mandated by the United Nations. Any decision to participate in Operation Sophia would also require Government and Dáil approval.

Defence Forces Medicinal Products

Ceisteanna (39)

Brendan Ryan

Ceist:

39. Deputy Brendan Ryan asked the Taoiseach and Minister for Defence his plans to implement the recommendations of the motion taken on 28 June 2017 and agreed by Dáil Éireann regarding the drug lariam. [32345/17]

Amharc ar fhreagra

Freagraí scríofa

As I stated in my reply to the Private Members' Motion which was before the Dáil on 28 June, fundamentally the use of anti-malarial drugs is a medical matter that should be decided by qualified medical professionals. In the Defence Forces these are decisions for highly qualified Medical Officers having regard to the specific circumstances of the mission and the individual member of the Defence Forces. I have already indicated that a Working Group is currently examining issues arising in relation to the use of Lariam. In its earlier work in 2013, the Group obtained advice from leading medical experts who concurred with the practices followed by the Defence Forces in prescribing Lariam.

The Group is continuing to engage with national and international experts and its most recent meeting was held on 28 June 2017.

I understand that the Working Group is considering options to formalise the provision of ongoing external expert medical advice to the Defence Forces in relation to a range of medical matters, including malaria chemoprophylaxis.

I anticipate receiving its Report shortly and I will carefully consider the Group’s recommendations.

I would like to again remind the House that there is ongoing litigation in relation to this matter. The State Claims Agency manages claims on behalf of the Department of Defence and has confirmed that to date 55 claims have been made by members and former members of the Defence Forces who allege personal injury as a result of their consumption of mefloquine (Lariam). The first case was scheduled to be heard in the High Court on 4th July last and has now been adjourned to 3 November 2017. You will therefore appreciate that I am constrained in my discussions on the matter.

I wish to assure the House that the health and welfare of the men and women of the Defence Forces is a high priority for me and the Defence Forces.

Defence Forces Recruitment

Ceisteanna (40, 64)

Brendan Smith

Ceist:

40. Deputy Brendan Smith asked the Taoiseach and Minister for Defence the position regarding recruitment to the Permanent Defence Forces; and if he will make a statement on the matter. [32093/17]

Amharc ar fhreagra

Martin Heydon

Ceist:

64. Deputy Martin Heydon asked the Taoiseach and Minister for Defence the position regarding the general service and cadet recruitment campaigns he launched earlier in 2017; the number of applications received; when the process is expected to be completed; and if he will make a statement on the matter. [32512/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 40 and 64 together.

The Government is committed to maintaining a strength level of 9,500 personnel for the Permanent Defence Force. This comprises 7,520 Army, 886 Air Corps and 1,094 Naval Service personnel, as stated in the 2015 White Paper on Defence.

The manpower requirement of the Defence Forces is monitored on an ongoing basis in accordance with operational requirements. As there is significant turnover of personnel in the Permanent Defence Force targeted recruitment has been and is currently taking place so as to maintain the agreed strength levels. I am advised by the Military Authorities that the Defence Forces are planning to increase the level of recruitment in 2017 and a number of competitions are currently underway in this regard.

The 2017 Cadet Competition was launched on 22 March 2017. In total there were 3,466 applicants for all 7 competitions which are; Army Cadet, Army Engineer Cadet, Army Equitation Cadet, Air Corps Pilot Cadet, Naval Service Operations Cadet, Naval Service Marine Engineer Cadet and Naval Service Electrical Engineer Cadet. The competition has progressed through the Application stage and Online Unsupervised Psychometric Assessments, to the Assessment Centre stage which involves Group Assessment, Fitness Tests and a Realistic Job Preview.  A total of 100 Cadet inductions are planned to take place in September 2017.

General Service Recruitment Campaigns for both the Army and Naval Service were launched on 23 February 2017. The competitions have now progressed and recruitment has commenced. In total there were 5 , 210 applicants for these competitions an increase of 13.5% compared with 2016. The competition has now progressed through the Application and Online Psychometric Assessment stages to Fitness Testing and Competency Based Interviews and inductions are planned to take place in September/October 2017.

There are plans to launch another Air Corps Trainee Military Aircraft Technician Competition shortly and induct up to 25 Apprentices in Quarter 3/Quarter 4 2017.

With the support of the Chief of Staff, it is intended to continue to recruit new personnel in order to ensure that the Defence Forces retain the capacity to operate effectively across all roles and to undertake the tasks laid down by Government, both at home and overseas.

Question No. 41 answered orally.

Defence Forces Courts-Martial

Ceisteanna (42)

Brendan Ryan

Ceist:

42. Deputy Brendan Ryan asked the Taoiseach and Minister for Defence the number of military trials that were held within the past two years; the number of these trials that were subject to judicial review and or appeal; and if he will make a statement on the matter. [32482/17]

Amharc ar fhreagra

Freagraí scríofa

The Defence Act 1954, as amended, provides that members of the Defence Forces are liable to military law. The military law system reflects that of the criminal law system of the State in that it has its own prosecutor, military judge, courts martial system and administrator. These appointees are independent in the performance of their functions and I have no role to play in relation to military trials. The Court of Appeal Act 2014 established the Court of Appeal and gave that Court jurisdiction to hear appeals from all classes of Courts Martial. An appeal can be against conviction or sentence or both.

The military authorities inform me that between 1st January 2015 and 31st December 2016 there were a total of 17 courts martial concluded from which there were two appeals. In addition four of the Courts Martial was subject to judicial review.

Defence Forces Representative Organisations

Ceisteanna (43, 63)

Bríd Smith

Ceist:

43. Deputy Bríd Smith asked the Taoiseach and Minister for Defence his plans to recognise the representative bodies for Defence Forces personnel; and if he will make a statement on the matter. [32595/17]

Amharc ar fhreagra

Gino Kenny

Ceist:

63. Deputy Gino Kenny asked the Taoiseach and Minister for Defence his plans to meet with PDFORRA; his views on the right of the Defence Forces to have a representative body to discuss issues such as low pay; and if he will make a statement on the matter. [32597/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 43 and 63 together.

The Defence (Amendment) Act 1990 and Defence Force Regulations (DFR) provide for the establishment of representative associations for members of the Permanent Defence Force. The associations that have since been established are RACO (for commissioned officers) and PDFORRA (for enlisted personnel).

A Scheme of Conciliation and Arbitration (C&A) for members of the Permanent Defence Force was established in 1993 and provides a formal mechanism for the Defence Forces representative associations. The purpose of the scheme is to provide a means for the determination of claims and proposals from the Associations relating to remuneration and conditions of service.

Having regard to commitments made under pay agreements, members of the Permanent Defence Force can make representations in relation to their pay and conditions of service through their representative bodies, PDFORRA and RACO. Where agreement is not reached it is open to both official and representative sides to refer the matter to an adjudicator or an arbitration Board to settle the matter.

In addition, a framework exists which facilitates the Associations engaging with the official side in talks parallel to those taking place between ICTU and the official side at National level.

Both RACO and PDFORRA participated at the recent negotiations on an extension to the Lansdowne Road Agreement. The Permanent Defence Force Representative Associations attended the plenary sessions which were attended by public sector trade unions, representative associations and management. Sectoral meetings, chaired by officials from the WRC, were also held between management and the representative associations.

The proposals arising from these negotiations are contained within the Public Service Stability Agreement 2018-2020. The proposals have been presented to both PDFORRA and RACO. They will now be subject to ballot by members of the Associations. It is intended that future remuneration of Defence Forces personnel will continue to be dealt with within this process.

I have met with PDFORRA and RACO in the past and attended the PDFORRA Annual Delegate Conference last year. I am also due to meet with the Representative Associations later this week.

Officials from my Department continue to work with the Representative Associations in a positive and collaborative process within the C&A Scheme to resolve issues.

Defence Forces Remuneration

Ceisteanna (44, 50, 59)

Gino Kenny

Ceist:

44. Deputy Gino Kenny asked the Taoiseach and Minister for Defence if the current pay proposals for the public sector will deal with endemic low pay in the Defence Forces; if he will be seeking special arrangements for the Defence Forces to insure an end to low pay and reliance on FIS among those in the Defence Forces; and if he will make a statement on the matter. [32596/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

50. Deputy Thomas P. Broughan asked the Taoiseach and Minister for Defence when there will be full pay restoration for all members of the Defence Forces; and if he will make a statement on the matter. [26043/17]

Amharc ar fhreagra

Bríd Smith

Ceist:

59. Deputy Bríd Smith asked the Taoiseach and Minister for Defence his plans to reduce the dependence of members the Defence Forces on FIS and other income supports to subsidise the low levels of wages; and if he will make a statement on the matter. [32594/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 44, 50 and 59 together.

Rates of remuneration and conditions of employment in each part of the Irish public sector have traditionally been set by reference to levels of pay available in related public sector employments.

The Financial Emergency Measures in the Public Interest Acts of 2009-2015 and the Public Service Stability Agreement 2013-2018 (the Lansdowne Road Agreement) define current pay policy for Public Servants and members of the Permanent Defence Force (PDF).

The measures contained in the Lansdowne Road Agreement which PDFORRA signed up to in March 2017, will be of benefit to their members.

The focus of the increases will be on the lower paid, that is anyone earning up to €31,000 gross per annum. In accordance with the agreement the increases that will be applied from 1 January 2016 are 2.5% on annualised salaries up to €24,000 and 1% on annualised salaries from €24,001 to €31,000.

An increase of €1,000 per annum is due from 1 April 2017 on annualised salaries up to €65,000.

The payments are being processed and personnel should begin to see the effect of the rise in their take home pay in the next few weeks.

The pay of general service recruits and privates who joined the Permanent Defence Force post 1 January 2013 will be increased further following an agreement reached between the official side and PDFORRA earlier this year.

This revised payscale will be backdated to 1 July 2016 and will see the gross pay for general service recruits and privates, who joined the PDF post 2013, rise by between 8% and 24% depending on their point on the payscale. Arrangements are being made to process these payments.

Going forward, there is also potential for further increases arising from the recent negotiations on the extension to the Lansdowne Road Agreement. The Public Service Stability Agreement 2018-2020 contains proposals for :

- a 7.25% increase over the period of the agreement for those earning less than €30,000 per annum

- A 6.75% increase over the period of the agreement for those earning under €32,000 per annum, and

- a 5.75% increase over the period of the agreement for those earning over €32,000 per annum.

The proposals have been presented to both PDFORRA and RACO, who participated in the negotiation process. They will now be subject to ballot by members of the Associations. Future remuneration of Defence Forces personnel will continue to be dealt with within this process.

Officials in my Department continue to engage on a regular basis with both Representative Associations. An example of one of the benefits of these negotiations is that an agreement was reached earlier this year between the Department of Defence, the Department of Public Expenditure and Reform and PDFORRA on a revised payscale for general service recruits and privates who joined the Permanent Defence Force post 1 January 2013.

Defence Forces Reserve

Ceisteanna (45)

Brendan Smith

Ceist:

45. Deputy Brendan Smith asked the Taoiseach and Minister for Defence the position regarding recruitment to the Reserve Defence Forces; and if he will make a statement on the matter. [32092/17]

Amharc ar fhreagra

Freagraí scríofa

The Government appreciates the service of the Reserve Defence Force (RDF) and the White Paper on Defence is clear that there is a continued requirement to retain and develop the Reserve. The White Paper on Defence confirms that the primary role of the Reserve is to augment the Permanent Defence Force (PDF) in times of crisis. In non-crisis situations, the main focus will be on training to prepare for this role. Recruitment to both the PDF and RDF continues to remain a priority in 2017. The last RDF General Service Recruitment Competition was launched in September 2015 and closed on the 31st December 2016. In total, 5,464 (including 726 females) applied for this competition.

Applicants from the 2015/16 competition continue to be processed and inducted once they satisfy all induction criteria. I am informed that security clearance delays remain a barrier to progressing applicants for induction and the delays in the competition stages negatively impact the resilience of the RDF panels. I have requested that these issues be considered with a view to improving the timeframe and I look forward to seeing an improvement in this matter.

The next RDF General Service Recruitment campaigns for both the Army Reserve and Naval Service Reserve will begin in late July 2017. The campaigns will run for several weeks post Leaving Certificate with a view to inducting successful applicants at Easter and in Summer 2018 for camp participation. To-date in 2017, there have been 49 inductions to the RDF. A total of 80 inductions took place in 2016.

I remain committed to increasing recruitment to the PDF and RDF. In the context of both finite resources and personnel, it is necessary to strike an appropriate balance in terms of PDF and RDF recruitment, so as to deliver the desired effects of maintaining the capacity of the Defence Forces to undertake all roles assigned to it by Government.

Questions Nos. 46 and 47 answered orally.
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