Written Answers Nos. 1717-1736
1717. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government if he will investigate the case of the eviction of all tenants from a location (details supplied); and if he will make a statement on the matter. [36660/17]
Amharc ar fhreagraThe Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
Security of tenure under the 2004 Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a ‘Part 4’ tenancy. The Planning and Development (Housing) and Residential Tenancies Act 2016 extended the term of Part 4 tenancies from 4 to 6 years for tenancies that commence after 24 December 2016.
For a Part 4 tenancy, section 34 of the Act provides that the landlord must state in the termination notice the reason the tenancy is being terminated. The termination will not be valid unless that reason is one of the reasons set out in section 34 of the Act, for example, that vacant possession is required for substantial refurbishment of the dwelling.
Notice periods for the termination of a tenancy by the landlord vary, depending on the duration of the tenancy, but periods of up to 224 days are provided for under the Act.
The Residential Tenancies (Amendment) Act 2015 introduced strengthened protections applying to tenancy terminations in order to guard against terminations on false grounds. For instance, if a landlord is terminating the tenancy on the grounds that he intends to substantially refurbish or renovate the dwelling in a way that requires the dwelling to be vacated for that purpose, the notice of termination must contain or be accompanied by a statement:
(a) specifying the nature of the intended works. A copy of the planning permission, where required and obtained, must be attached to the notice or statement. Where planning permission is not required, the notice or statement must specify the name of the contractor employed to carry out the works and the proposed dates and duration of the intended works.
(b) that the landlord is required to offer to the tenant a tenancy of the dwelling if it becomes available for re-letting within a period of 6 months, subject to certain conditions.
Section 56 of the Residential Tenancies Act 2004 provides that where there is an abuse of the termination procedure in section 34, a tenant may bring a complaint to the RTB that they have been unjustly deprived of possession of a dwelling by their landlord. On the hearing of the complaint, the RTB, if it considers it proper to do so, may make a direction that damages are paid to the tenant, that the tenant be permitted to resume possession of the dwelling, or both of the foregoing directions.
1718. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government the number of staff in his Department who are suspended from work on full pay; the reason in each case; the length of time in each case; and if he will make a statement on the matter. [36729/17]
Amharc ar fhreagraThere are currently no employees in my Department who are suspended from work on full pay.
1720. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government the number of protected disclosures received from staff in his Department in 2016 and to date in 2017; the details of same; and if he will make a statement on the matter. [36761/17]
Amharc ar fhreagraNo protected disclosures were received from workers of the Department in 2016 or to date in 2017.
1721. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence if he has delegated all the responsibilities of the Minister for Defence to the Minister of State with responsibility for defence. [35254/17]
Amharc ar fhreagra1722. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the functions and responsibilities he has delegated under section 2 of the Ministers and Secretaries (Amendment) (No. 2) Act 1977 to the Minister of State for defence; and if he will make a statement on the matter. [35902/17]
Amharc ar fhreagraI propose to take Questions Nos. 1721 and 1722 together.
The Defence (Delegation of Ministerial Functions) Order 2017 (S.I. No. 299 of 2017) was approved by Government on 5 July 2017 and came into effect on that date. Pursuant to the Order, statutory responsibility for a wide range of Defence matters has been delegated to me. The principal responsibilities delegated include powers to make Regulations under various provisions of the Defence Acts 1954 to 2015 and powers in respect of personnel-related issues affecting members of the Defence Forces.
As well as specifying the powers that have been delegated, the Order also specifies the Ministerial powers and responsibilities arising under these enactments that have not been delegated. These are as follows:
- the power conferred under the enactments specified in the Order to prosecute an offence;
- powers arising under sections 11, 17, 88 and 88 of the Defence Act 1954.
1723. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the meetings he has had with the Secretary General and other senior officials in his Department as Minister for Defence. [35903/17]
Amharc ar fhreagra1724. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the number of meetings he has attended of the management advisory committee as Minister for Defence. [35904/17]
Amharc ar fhreagraI propose to take Questions Nos. 1723 and 1724 together.
The Defence (Delegation of Ministerial Functions) Order 2017 came into effect on 5 July 2017. The Order delegates statutory responsibility for a wide range of Defence matters to the Minister of State, Paul Kehoe, T.D.
The Secretary General is responsible for the management of the Department and is supported in this role by the Management Board (formerly known as the management advisory committee). The Board normally meets every week and is chaired by the Secretary General. It provides leadership and strategic direction in fulfilling the Department's broad range of business and corporate responsibilities.
Minister Kehoe periodically meets with the Management Board. He is also in daily contact with individual Management Board members on a range of issues as part of the on-going business of the Department and keeps me apprised of relevant matters.
As part of my ongoing discussions with individual Ministers I recently held my Bilateral meeting with Minister Kehoe together with the Secretary General of the Department of Defence. The meeting was held to discuss a wide variety of specific policy issues.
1725. Deputy Eoin Ó Broin asked the Taoiseach and Minister for Defence if he will issue 1916 commemoration medals to all retired members of the Defence Forces who served in United Nations peace keeping missions. [35060/17]
Amharc ar fhreagraAs part of the Programme for Government, it was decided that a 1916 Centenary Commemorative Medal be awarded to all Defence Forces personnel, both Permanent and Reserve, who were recorded as being in service in the course of 2016. The 1916 Centenary Commemorative Medal was awarded as a commemorative medal, personal to an individual’s service in the Defence Forces in the course of 2016.
I met with the Veterans Organisations (Organisation of National Ex-Service Personnel (ONE), Irish United Nations Veterans Association (IUNVA) and Association of Retired Commissioned Officers (ARCO)) on the 15th December last, and whilst I reiterated to them that there are no plans to award the 1916 Centenary Commemorative Medal to Veterans, it was agreed to hold further discussions between the Department and the Veterans’ Organisations to explore alternative means of recognition.
At my request officials from my Department met with representatives of the Veterans’ Organisations on Friday 17th February 2017 and Wednesday 31st May 2017. My officials proposed that a single presentation will be made to the Veterans Organisations of a commemorative plaque or framed medal with an accompanying citation in recognition of the significant contribution of members of the three organisations to the 1916 centenary commemorative events and their service to the State. The plaque or medal would have a bar with the term Veteran inscribed on it.
The Veterans’ Organisations agreed to the proposal to recognise the contribution of veterans in 2016 in this way. They have all since indicated their preference for a plaque. My Department has agreed that a plaque will be given to O.N.E.’s Headquarters and to each of its 40 Branches and to each of IUNVA’s 21 Posts. One plaque will be presented to each Veterans’ Organisation at the Veterans’ Day on Sunday 8th October 2017. The other presentations will be made separately.
1726. Deputy Clare Daly asked the Taoiseach and Minister for Defence the number of Malarone tablets purchased by the Defence Forces in each of the years 2006 to 2013; and the number of malarone tablets in stock at year end in each of those years. [35110/17]
Amharc ar fhreagra1727. Deputy Clare Daly asked the Taoiseach and Minister for Defence the number of Doxycycline tablets purchased by the Defence Forces in each of the years 2006 to 2013; and the number of doxycycline tablets in stock at year end in each of those years. [35122/17]
Amharc ar fhreagraI propose to take Questions Nos. 1726 and 1727 together.
I have been advised by the military authorities that the number of Malarone and Doxycycline tablets purchased each year from 2006 to 2013 is as follows:
Malarone:
|
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
|
|
Total purchased |
3,120 |
11,232 |
0 |
1,728 |
2,304 |
1,416 |
1,632 |
360 |
Doxycycline:
|
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
|
|
Total purchased |
10,400 |
11,200 |
0 |
8,000 |
8,800 |
110 |
5,520 |
3,840 |
In relation to the number of Doxycycline and Malarone tablets in stock at year end from 2006 to 2013, the military authorities have advised me that, due to the complexity of this task and the staffing resources required, it is regretted that it is not possible to provide this information.
1728. Deputy Jan O'Sullivan asked the Taoiseach and Minister for Defence if all security and contract cleaning companies that have obtained contracts from his Department and agencies under the aegis of his Department under public procurement rules are paying the legal employment regulation order, ERO, hourly rate to their security and contract cleaning employees; the steps he has taken to confirm full compliance with the ERO system; if he has cancelled contracts with companies that have been found to be in breach of the ERO system since 1 October 2015; and if he will make a statement on the matter. [35224/17]
Amharc ar fhreagraI can confirm that all security and cleaning companies that have obtained contracts from my Department and agencies under the aegis of my Department are fully compliant with the Employment Regulation Order (ERO) hourly rate of pay to their employees since 1 October 2015.
1729. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence if he will report on the non-payment of Naval Service recruits; the number of persons impacted; the reason for the non-payment; the length of time the recruits went without payment; and the steps he has taken to ensure no repeat of this in the future. [35252/17]
Amharc ar fhreagraMy Department is aware that there were delays in the notification of attestation information required for pay purposes in relation to 29 Naval Service recruits who joined on 29 May 2017. 26 of the 29 recruits were placed on the next available payroll within approximately two weeks of their details being provided to the Department.
There were unusual delays experienced in relation to the notification of details of three of the 29 recruits due to an issue relating to their previous service in the Reserve Defence Force. One of the recruits was paid on the payroll dated 12 July 2017, while the remaining two recruits will be paid on the payroll dated 26 July 2017. In the case of the three recruits, my Department has issued payments to them outside the payroll system as an interim measure, while they are being processed on the payroll.
My Department has written to the military authorities with a view to ensuring that all required documentation relating to recruits is processed without undue delay.
1730. Deputy Brendan Smith asked the Taoiseach and Minister for Defence his plans to deal with the conciliation and arbitration issues raised by PDFORRA; and if he will make a statement on the matter. [35361/17]
Amharc ar fhreagraThe Defence (Amendment) Act 1990 and Defence Force Regulations S6 provided 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.
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.
I can advise the Deputy that I plan to initiate a review of the Conciliation and Arbitration Scheme for members of the Permanent Defence Force, with the review to commence before the end of 2017. The output from the Working Group on Industrial Relations Structures for an Garda Síochána, which has been established by the Department of Justice and Equality, will be considered as part of the review of the arrangements for the Permanent Defence Force.
1731. Deputy Catherine Murphy asked the Taoiseach and Minister for Defence the amount spent by his Department on taxi and-or limousine fares in the past two years to date by year and amount; and if he will make a statement on the matter. [35485/17]
Amharc ar fhreagraThe following table provides details of the total amount spent by Departmental civil servants or civilian employees on taxi and or limousine fares in the years 2015, 2016 and up to 30th June 2017.
|
2015 |
2016 |
2017 (end of June) |
|
€7,592 |
€8,443 |
€4,368 |
1732. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on his Department's survey on whether there is a widespread concern among the focus groups that the loss of experience and corporate knowledge is reaching a critical point in the Defence Forces and that it is already affecting operational readiness and capability; the actions he will take on foot of this finding; and if he will make a statement on the matter. [35499/17]
Amharc ar fhreagra1733. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on the lack of morale within the Defence Forces; and if he will make a statement on the matter. [35500/17]
Amharc ar fhreagra1734. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on specialists leaving the Defence Forces; and if he will make a statement on the matter. [35501/17]
Amharc ar fhreagra1736. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on the reports that there are approximately 60 members of the Defence Forces departing each month; his further views on the attrition rate in the Defence Forces; if he is taking action to address the matter; and if he will make a statement on the matter. [35503/17]
Amharc ar fhreagra1740. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on the finding in the latest Defence Forces climate survey that officers and NCOs at all levels raised the issue of privates' pay; the steps he will take on foot of this finding; and if he will make a statement on the matter. [35507/17]
Amharc ar fhreagra1741. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on the finding in the latest Defence Forces climate survey that it is clear from the data available and from the focus groups that there are significant middle management gaps at barrack and unit level within the Defences Forces; and if he will make a statement on the matter. [35508/17]
Amharc ar fhreagra1742. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on the finding in the latest Defence Forces climate survey that there is a sense of disconnect with the general staff; the steps he will take to address this issue; and if he will make a statement on the matter. [35509/17]
Amharc ar fhreagraI propose to take Questions Nos. 1732 to 1734, inclusive, 1736, and 1740 to 1742, inclusive, together.
The report referred to by the Deputy is a follow up to the first phase of the Climate Study and it further explores the issues raised in the original survey. The Focus Groups engaged in the study were conducted towards the latter end of last year and early this year. The comments quoted therein cover a wide range of issues relating to human resources management including, amongst others, pay and conditions (particularly pay for the lowest paid members of the Defence Forces), vacancies, recruitment and retention, promotion systems, performance management, leadership, culture, morale, stress and work-life balance.
The Deputy has asked a range of questions relating to specific comments within the report. As advised by the University of Limerick, their findings and recommendations are interconnected and caution should apply to reading any one particular finding in isolation. In this context, I have addressed the questions in the round in line with the holistic approach being taken in response to the Study.
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. A total of 100 Cadet inductions are planned to take place in September 2017. The Defence Forces are currently advertising for Apprentice Trainee Technicians and hope to induct new Apprentices from this competition in Sept/Oct 2017.
General Service Recruitment Campaigns for both the Army and Naval Service were launched on 23 February 2017. The competitions have now progressed and general service recruitment has commenced.
Public Service pay is based on collective agreements negotiated with public service trade unions and representative associations. Since the survey was carried out, PDFORRA has signed up to the Lansdowne Road Agreement (LRA), resulting in increases in pay/salary for all their members. In addition, recent adjustments to salary scales will significantly benefit general service recruits and privates who have joined the Defence Forces since January 2013 (increases of between 8% and 24% depending on the scale point). Further benefits are provided for under the extended LRA. The extended LRA proposals are under consideration by the Representative Associations.
I was briefed on the Report at the end of June and I met with the Representative Associations on the 13th July 2017. I will discuss the issues raised in the report further with them in September. The broad range of HR issues raised in the study is being considered by senior management. As the Deputy will be aware, there is a significant ongoing programme of HR development within the Defence Organisation. This study was intended to further inform that work.
I believe that this ongoing programme of HR development, much of which was set out in the White Paper on Defence (2015), will deliver more effective, energetic and sustainable Defence Forces, with an associated beneficial impact on morale into the future. As part of this programme civil and military management will bring forward proposals in respect of retaining specialists, providing for re-entry and, where appropriate, direct entry, for my consideration and I expect to be in receipt of those shortly. The Public Service Pay Commission will further examine the issue of retention of specialist personnel in accordance with the provisions of the recent Pay Agreement. I believe that the Climate Survey process has provided an opportunity for members of the Defence Forces, including the Representative Associations, to express their views. This is to be welcomed.
1735. Deputy Micheál Martin asked the Taoiseach and Minister for Defence his views on shortages within the Air Corps; and if he will make a statement on the matter. [35502/17]
Amharc ar fhreagraThe Government is committed to maintaining the establishment of the Permanent Defence Force at 9,500 personnel, comprising of 7,520 Army, 886 Air Corps and 1,094 Naval Service as stated in the 2015 White Paper on Defence.
The manpower requirements of the Permanent Defence Force are monitored on an ongoing basis in accordance with the operational requirements of the three services. Personnel are posted on the basis of operational need across the organisation both at home and abroad. As there is a significant turnover of personnel in the Defence Forces, targeted recruitment takes place on a regular basis so as to maintain personnel numbers at or near the agreed strength levels.
The Air Corps (Pilot Officer) Cadetship competition was launched at the end of March 2017 and it is planned to induct new Air Corps Cadets in Sept 2017 from this competition. There are currently three Cadet Classes at various stages of their Pilot Officer ‘Wings Course’. Cadets of the Senior Cadet Class are due to be commissioned as Pilot Officers in Q4 of 2017.
On 13 March 2017, a class of 11 new Apprentice Military Aircraft Technicians began their training and there are three classes ongoing. The Defence Forces are currently advertising for Apprentice Military Aircraft Technicians and hope to induct 25 new Apprentices from this competition in Sept/Oct 2017. A new NCO promotion competition, to fill the ranks of Sergeants and above, including those in the Air Corps, has also been launched. There are also General Service Recruits in training.
A Working Group comprised of Civil and Military personnel was established to look at ways of addressing the issue of how to retain sufficiently experienced Pilot Officers within the Air Corps. The Working Group’s report contained a number of recommendations ranging from increasing recruitment levels to examining the current terms and conditions of pilots. Work on the implementation of the Working Group’s recommendations is currently ongoing by both Civil and Military staff of the Defence Organisation. In addition and as part of a wider initiative, the possibility of recruiting former personnel who have left the Defence Forces is also being examined.
There are a number of personnel undertaking ATC training. A gradual extension of operational hours for air traffic control services in Baldonnel has already commenced and it is anticipated that this will continue as newly qualified personnel develop their experience and posts are filled. Options to ensure the longer-term sustainability of Air Traffic Control services in Baldonnel are also being identified.
It is important to note that while there is significant action underway, there is a requirement to continue to build the capacity of the Air Corps and it will take some time for a return to previous levels of capability.
