Tuesday, 3 Oct 2017

Written Answers Nos. 202-221

School Transport

Ceisteanna (202)

Seán Fleming

Ceist:

202. Deputy Sean Fleming asked the Minister for Education and Skills when a transport grant payment will be made to persons (details supplied); and if he will make a statement on the matter. [41916/17]

Freagraí scríofa

Minister of State at the Department of Education and Skills

School transport is a significant operation managed by Bus Éireann on behalf of the Department. 

During the 2016-17 school year, almost 116,000 children, including some 12,000 children with special educational needs, were transported in over 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.

In general, children with special educational needs are eligible for school transport if they are attending the nearest recognised mainstream or special school that is or can be resourced, to meet their special  educational needs under Department of Education and Skills' criteria.

The children in question are eligible for school transport, however as there is no existing suitable service available to meet the children's needs, my Department has sanctioned a Special Transport Grant, STG, toward the cost of private transport arrangements. 

The STG is being processed and payment will issue shortly.

Schools Building Projects Data

Ceisteanna (203)

Fiona O'Loughlin

Ceist:

203. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the schools in County Kildare that were built in the rapid build period; and if he will make a statement on the matter. [41917/17]

Freagraí scríofa

Minister for Education and Skills

As requested by the Deputy, the following is a list of the schools in County Kildare built under the Department's "Rapid" Design and Build Programme.

The Department's "Rapid" Design & Build Programme was launched in 2008 by the then Minister for Education and Science, Mary Hannafin.

	County	Roll No	School Name	Project	Year Completed/Occupied
1	Kildare	20159C	Gaelscoil Nás na Riogh, Naas, Co. Kildare	New School	2008
2	Kildare	20192A	Occupied by GS Átha Í RN 20192A in 2009. [Initially occupied by Scoil Phadraig Naofa, St. John's Lane, Athy RN 16705E.]	New School	2008
3	Kildare	20292E	Maynooth Educate Together, Celbridge Road, Maynooth,	New School	2008
4	Kildare	20257C	Scoil Naomh Padraig, Hazelhatch Road, Celbridge	New School	2008
5	Kildare	06209J	Occupied by Athy Model School since 2011 RN 06209J. [Initially occupied by Scoil Phadraig Noafa until 2011 RN 16705E.]	New School	2009
6	Kildare	20271T	Phase 1: Scoil na Naomh Uilig, Rickardstown, Newbridge	New School	2010
7	Kildare	16705E	Scoil Phadraig Noafa + GP & Ancillary for GS Atha Í RN 20192A	New School	2011
8	Kildare	06209J	Athy Model School occupied 8 class Building vacated by Sc Phadraig Naofa and got new GP + ancillary	Extension	2011
9	Kildare	20271T	Scoil na Naomh Uilig, Newbridge Phase 11	Extension	2011
10	Kildare	76194S	New PP school Craddockstown, Naas		2014
11	Kildare	20403K	Kildare Town ETNS	New School	2015
12	Kildare	20428S	GS Mhic Aodha	New School	On Site 2017

Schools Health and Safety

Ceisteanna (204)

Fiona O'Loughlin

Ceist:

204. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the way in which his Department is working to alleviate the fire risk in newly built schools that have been found at risk; and if he will make a statement on the matter. [41918/17]

Freagraí scríofa

Minister for Education and Skills

The Deputy will be aware that on 26 September my Department announced that it will be putting in a place a comprehensive package of measures to ensure fire safety measures in schools meet best practice. 

Ensuring the safety of all those who work and learn in our schools is a main priority of the Department of Education and Skills.

These measures are being undertaken as an added precaution by my Department, following on from consultation with stakeholders after recent concerns at home and abroad regarding fire safety in public buildings.

It is important to note that the Department does not believe that there are issues regarding fire safety with schools generally, rather these measures are being taken in order to take an abundance of caution approach in this area.

Firstly, the Department will appoint a fire safety expert to undertake a complete audit of all school buildings constructed by Western Building Systems, WBS. This follows on from the identification of a number of issues in respect of the compliance by a number of schools constructed by WBS with their fire safety certificates. My Department, at this stage, does not have any reason to believe that there are any fire safety issues in respect of any of the other buildings built by Western Building Systems. These audits are a proactive measure being taken, following on from consultation with stakeholders, to satisfy the Department that there are no further issues with school buildings constructed by that company. It is anticipated that this will take approximately six months to complete this number of audits.  However, in each case, the Department will require an early report from the Fire Safety Consultants conducting the audit if any issue of significant concern is discovered.

Further to this and as previously announced, my Department is in the process of commissioning fire safety audits of a representative sample of up to 25 schools constructed over the last 20 years. It should be noted that each school building is already required to have and comply with a fire certificate awarded at time of construction by the local authority.

It is important to note that the selection of a school to be included in the sample for this audit in no way means that my Department has concerns about that particular school. Regarding the timeline for this sample audit, it is expected to be concluded by January 2018. The tender for the appointment of fire safety consultants will be completed by the mid-October. It is expected that the first set of Fire Safety Audit Reports will be provided to my Department by the end of December 2017.

My Department will also contact the representative Professional Associations, principally the Royal Institute of the Architects of Ireland, RIAI, Engineer’s Ireland, IEI, and the Association of Consulting Engineers of Ireland, ACEI, to discuss the operation of the Building Control (Amendment) Regulations (2014) to reiterate the responsibilities of Design Teams to fully engage in a complete and comprehensive way with the inspection and certification requirements of BC(A)R (2014). It is the responsibility of the Design Team appointed to build a school to ensure that a newly constructed building is compliant with it’s Fire Certificate. My Department is writing to these associations to remind them of their members’  legal duties in this regard.

My Department has also written to all Design Teams working on buildings currently under construction to remind them of their responsibilities to ensure that all buildings comply with fire certificates awarded by the local authority

My Department will also issue a new Circular to all schools bringing the attention of the school authorities to their obligations in relation to Fire Safety management protocols. Detailed guidance documents are already in place to advice schools on managing Health and Safety in schools that includes comprehensive advice on the issue of managing the risk of fire.

My Department will, going forward, appoint a Clerk of Works to all future major building projects to enhance the oversight and inspection of works when they are being carried out. This person, who will be appointed by the Department of Education and Skills, will provide an extra layer of checking and oversight during the construction process.

Additionally, an internal fire safety committee is being established within my Department. This group will be made up of both technical and administrative staff, and will monitor any patterns arising from day-to-day interactions with schools, the results from the various audits and their own recent experience to shape any further action in this regard.

Finally, under a new protocol from now on, when my Department receives a fire audit report which demonstrates issues in a building regarding fire safety, my Department will immediately notify the school’s Patron Body, the school’s Board of Management and the Fire Officer in the relevant Local Authority.

These audits and actions will inform any further action which may be required by my Department to ensure that they are satisfied with the fire safety measures in place to protect schools.

My Department will contact the Chief Fire Officers Association to inform them of the above steps which are being taken. A new protocol will also be put in place to keep them up to date with any further developments in this area.

It is worth noting again that my Department has no reason to believe that there are issues with fire safety provisions in schools generally. These additional steps are an added precaution being taken by the Department, prompted by recent concerns in Ireland and abroad regarding fire safety in public buildings.

Emigrant Support Services

Ceisteanna (205)

Darragh O'Brien

Ceist:

205. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade the steps being taken by his Department to facilitate Irish persons living abroad return here; and if he will make a statement on the matter. [41277/17]

Freagraí scríofa

Minister for Foreign Affairs and Trade

The Department of Foreign Affairs and Trade, through the Emigrant Support Programme, provides significant funding and support to organisations, including Crosscare Migrant Project and Safe Home Ireland, which work with citizens who wish to return to Ireland. Over the last decade, over €4 million has been allocated to Irish based organisations working with returning emigrants. In addition, the Minister of State for the Diaspora chairs the Interdepartmental Committee on the Irish Abroad which works to ensure that Government works in a joined up way to realise the objectives of our Diaspora Strategy. This includes addressing issued affecting the Irish abroad and those seeking to return.

Over the past year the Interdepartmental Committee on the Irish Abroad has focused its work on addressing government procedures reported to be negatively affecting returning Irish emigrants. Work is continuing in a number of Departments on addressing issues that have been raised at the Interdepartmental Committee.

To build on the work of this Committee in addressing such barriers the Department of Foreign Affairs and Trade has commissioned an economic report on barriers to return. In particular, the report will review and propose measures to address difficulties in areas that are not immediately within the remit of Departments to alleviate. The report will inform Government policy and actions in relation to difficulties it finds.

In addition to assisting to address potential barriers, the Department of Foreign Affairs and Trade is always looking for new and innovative ways to assist Irish people abroad and those returning.

To support returning emigrants in a practical way, the Department has established a mentoring programme for returning emigrants to help them set up business in Ireland and contribute fully to local communities and economies across the country. The programme will be open for applications next month.

Diaspora Issues

Ceisteanna (206)

Darragh O'Brien

Ceist:

206. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade the detail of the report that has been commissioned by the Government to examine barriers experienced by persons who emigrated and wish to return here; the expected publication date of this report; the cost of commissioning it; and if he will make a statement on the matter. [41278/17]

Freagraí scríofa

Minister for Foreign Affairs and Trade

Indecon was appointed to this project following a competitive tendering process undertaken by the Department of Foreign Affairs and Trade. The report will focus on identifying solutions to disproportionate or unnecessary administrative burdens that negatively affect people wishing to return to Ireland to live. This economic report will complement the work that the Interdepartmental Committee on the Irish Abroad has already done in this area, and in particular, the report will review and propose measures to address difficulties in areas that are not immediately within the remit of Departments to alleviate. The report will inform Government policy and actions in relation to difficulties it finds.

Indecon (Ireland) will be paid €73,627.80 for the report and this will be financed from the Department’s budget for diaspora affairs.

The report is expected to be published before the end of the year.

Anyone wishing to highlight an example of a specific administrative difficulty they may have experienced in moving home to Ireland, that could be of relevance in the context of this report, is invited to write to the Irish Abroad Unit at the Department of Foreign Affairs and Trade or email: [e-mail].

Election Monitoring Missions

Ceisteanna (207)

Michael McGrath

Ceist:

207. Deputy Michael McGrath asked the Minister for Foreign Affairs and Trade the travel advice for Irish citizens wishing to travel to Kenya around the time of the planned elections there on 26 October 2017; and if he will make a statement on the matter. [41282/17]

Freagraí scríofa

Minister for Foreign Affairs and Trade

The Department of Foreign Affairs provides travel advice for around 200 countries on its website at: www.dfa.ie/travel/travel-advice, and also through our free-to-download SmartPhone App TravelWise and via our social media presence. The information provided is continuously reviewed and updated to ensure that it is as accurate and relevant as possible. The travel advice is developed based on assessments and reports from our Embassy and Consulate network, and material available from host countries and local authorities and agencies. My Department also liaises with other countries including EU Member States and other relevant third-country sources, with the objective of ensuring that Irish citizens are able to make informed decisions regarding their travel plans.

In relation to Kenya, our travel advice is under continuous review. It currently states that “as the Presidential Election of August 8th was nullified by the Supreme Court of Kenya, a re-run of this election has now been scheduled to take place on October 26th. Historically elections in Kenya are associated with a build-up of tension and outbreaks of violence. Citizens are advised to exercise caution in the period before, during and after the election. Large public gatherings should be avoided.”

Our travel advice for Kenya will remain under review by our Embassy in Nairobi and should the need arise for the travel advice to be changed then this will be updated on our website. Citizens considering travel to Kenya are encouraged to monitor the website, download the TravelWise App and also follow our dedicated travel advice social media account: @dfatravelwise. They can also register their details through the Citizens Registration facility on our website: www.dfa.ie.

International Relations

Ceisteanna (208, 212)

Brendan Howlin

Ceist:

208. Deputy Brendan Howlin asked the Minister for Foreign Affairs and Trade the steps taken by the Government, including at EU level, to aid organisations offering essential medical and psycho social support in addition to legal support to ensure access to justice and reparation (details supplied); if Ireland contributes to funding the International Commission on Missing Persons in Bosnia and Herzegovina; his views on the recommendations in a recent report (details supplied); and if he will make a statement on the matter. [41311/17]

Brendan Howlin

Ceist:

212. Deputy Brendan Howlin asked the Minister for Foreign Affairs and Trade further to recent Dáil Éireann statements on the 22nd anniversary of the genocide in Srebrenica, the steps he has taken, including at EU level, to aid organisations offering essential medical, psycho-social and legal support to ensure access to justice and reparation; if Ireland contributes to funding the International Commission on Missing Persons in Bosnia and Herzegovina; his views on the recommendations in a recent report by an organisation (details supplied); and if he will make a statement on the matter. [41755/17]

Freagraí scríofa

Minister for Foreign Affairs and Trade

I propose to take Questions Nos. 208 and 212 together.

I am aware of Amnesty International’s report, “We Need Support, Not Pity ”, which gives a very disturbing account of the legacy of wartime violence, and in particular the horrific crimes of sexual violence which were perpetrated against the women and girls of Bosnia during the Balkan Wars. I take this opportunity to recall the appalling atrocities at Srebrenica in July 1995, which have left such a stain on the history of the Balkans.

I greatly appreciate all efforts to ensure that those affected are afforded access to adequate rehabilitation, including the medical and psychological assistance which is so critical to recovery. We fully endorse the assistance that the EU provides to NGOs with particular expertise in this area, for example Medica Zenica, Vive Žene, Udružene Žene and the Agency for Cooperation, Education and Development, ACED, and regard the support they provide as essential.

The Government recognises that International Commissions that assist victims and their families and take a strong role in capacity building are important to efforts to contribute to international peace and security. In this respect, funding totalling €300,000 was provided to the International Commission on Missing Persons, ICMP, in 2005 and 2006 by Irish Aid, for their work in the Western Balkans.

Support for the ICMP in the past formed part of Ireland’s efforts to contribute to an effective and responsive approach to peace-building and the promotion and protection of human rights, which are important elements of Ireland’s Policy for International Development – One World, One Future. My Department has been engaging with ICMP to explore future cooperation, and is currently considering a request for funding for a programme in 2017 which will be decided on shortly.

Ireland also continues to support Bosnia and Herzegovina on its European path – an integral part of which is ensuring that human rights, including the right to justice, are fully respected. The European Council has emphasised “the need to continue handling domestic war crimes cases without discrimination, as well as addressing impunity and ensuring accountability”. Along with our European partners, we will continue to ensure that appropriate benchmarks are met in the key areas of justice and fundamental human rights.

The next country report on Bosnia and Herzegovina is expected to be published by the European Commission in late Spring 2018.

Middle East Issues

Ceisteanna (209, 211)

Seán Crowe

Ceist:

209. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that Bedouin villagers from Khan Al Amar and Susiya in the occupied West Bank are urgently fighting the demolition of the villages by Israeli forces; if his attention has been further drawn to the fact that their case will come before the Israeli High Court soon; his views on the fact that these villages might be demolished in violation of international law; if officials from his Department will visit the villages before the case; and if they will attend the court hearing. [41476/17]

Ruth Coppinger

Ceist:

211. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the planned demolition of the Palestinian villages of Khan al-Ahmer and Susiya in the occupied West Bank; if he will raise the matter with the Israeli authorities; and if he will make a statement on the matter. [41749/17]

Freagraí scríofa

Minister for Foreign Affairs and Trade

I propose to take Questions Nos. 209 and 211 together.

Demolitions, evictions and related policies threatening Palestinian communities in the West Bank are a central focus of the Government’s engagement on the conflict in the Middle East. These policies drive Palestinians off the land in Area C, which comprises the majority of the West Bank, facilitating subsequent occupation by Israeli settlers. The EU has consistently stated that such policies pose a threat to negotiations on a two-state solution. Forcible transfer of this nature is expressly outlawed under international law.

It should also be noted that many of those communities, which are now under threat, are located where they are because they have already been relocated once from their former homes in Israel.

The specific cases cited by the Deputies are just two of many communities so threatened. Both villages have been under threat of demolition for many years, and the Israeli Defence Minister has recently stated that both removals will be carried out within months. There are legal processes still ongoing in both cases, but there is no doubt about the real threat to these communities.

My Department has been engaged with the cases of these two communities for several years, and previous Ministers have reported on our actions in that regard, including visits to the sites and attendance at court hearings. In the case of Khan al-Ahmar, the Irish representative in Ramallah visited the village with a high-level diplomatic group on 20 September, in advance of the court hearing scheduled for 25 September, which was later postponed. He also met with the lawyer defending the community.

It is unfortunately not possible for our missions to follow all these cases in detail, or be present at each hearing, but we cooperate with other EU missions to try and ensure as wide a coverage as possible. Ireland also supports Israeli and Palestinian NGOs involved in defending and assisting threatened communities on the ground.

We also regularly convey to the Israeli authorities our views both on these overall policies and on specific cases. We do this via the Embassy of Israel in Ireland, or directly with the Foreign Ministry and other authorities in Israel, and in other contacts. I also raised these concerns myself in my various meetings during my visit in July. The Government of Israel is very well aware of our views.

Passport Applications Fees

Ceisteanna (210)

Jack Chambers

Ceist:

210. Deputy Jack Chambers asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that the cost of applying for a passport is discouraging some persons from applying; his plans to reduce the cost of passport applications; and if he will make a statement on the matter. [41745/17]

Freagraí scríofa

Minister for Foreign Affairs and Trade

The cost of the standard ten-year Irish passport compares favourably with many other jurisdictions. At a cost of €80, which breaks down to €8 per year, the Irish passport fee compares with approximately €9.60 per year for a French passport, €8.20 per year for a British passport, €9.40 per year for an American passport and €18.50 per year for an Australian passport. Given that any shortfall in revenue would have to be met by the taxpayer, I do not have any plans at this time to reduce the fee for a passport.

Question No. 211 answered with Question No. 209.

Question No. 212 answered with Question No. 208.

Conflict Resolution

Ceisteanna (213)

Catherine Martin

Ceist:

213. Deputy Catherine Martin asked the Minister for Foreign Affairs and Trade if he has discussed the plight of the Rohingya people in Myanmar with that country’s diplomatic representatives and at European level; and the further measures he plans to take to seek on this issue. [41775/17]

Freagraí scríofa

Minister for Foreign Affairs and Trade

I strongly condemn the violence taking place in Rakhine State. I am also deeply concerned about the humanitarian crisis which has developed both within Rakhine State, and in neighbouring Bangladesh, where over 500,000, mostly Rohingya, refugees have arrived since 25 August. This Government has consistently raised its concerns at the situation through our own statements, in the context of our EU membership and through participation in UN fora. On 15 September, I issued a statement on this issue in which I called on the security forces to de-escalate the situation, to respect international human rights law, and to ensure the protection of all civilians in the affected area.

I also raised this in my statement to the UN General Assembly on 23 September, where I stressed the need for the suspension of military activity; an end to violence; the upholding of the rule of law and the recognition of the right of return of all those who have had to leave the country.

Along with other EU Member States, Ireland has consistently urged the Government of Myanmar to restore access to Rakhine State by humanitarian actors and media organisations. I welcome the extension of the mandate of the UN Fact Finding Mission, which took place at the Human Rights Council in Geneva last week, and call on the Government of Myanmar to fully cooperate with it and to grant it the necessary access to Rakhine State and other areas of the country.

The ongoing developments and the EU’s response has been, and continues to be, discussed in detail at official level in Brussels and in Myanmar since the escalation of violence in Rakhine State on 25 August. I have been briefed on these discussions, and Ireland fully supports the statements made by EU High Representative Mogherini on this issue. We will continue to engage closely with our EU partners on this matter as the situation evolves.

Myanmar does not have a resident Embassy in Ireland; the Embassy of Myanmar in London is accredited to Ireland.

Election Monitoring Missions

Ceisteanna (214)

Catherine Martin

Ceist:

214. Deputy Catherine Martin asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that the UK Government is part funding an election observation mission to Somaliland to observe that country's presidential election on 13 November 2017; if funding options and other supports will be examined to enable Irish persons participate in that election observation mission; and if he will make a statement on the matter. [41780/17]

Freagraí scríofa

Minister of State at the Department of Foreign Affairs and Trade

International election monitoring missions play an important role in the promotion of democracy and human rights. The Department of Foreign Affairs and Trade maintains a roster of election observers for such missions. Irish observers participate primarily in missions organised by the European Union and the Organisation for Security and Cooperation in Europe, OSCE. My Department is aware that the UK Foreign and Commonwealth Office is funding the Bartlett Development Planning Unit of the University College London to lead an Election Observation Mission to the Somaliland Presidential Election scheduled to take place on the 13 November 2017.

Somaliland, in the north of Somalia, declared independence in 1991, but has not been recognised by any country to date. The Federal Government of Somalia considers Somaliland as a federal member state. Ireland, in common with our EU partners, the UN and the African Union, considers Somaliland to be a region of Somalia, with a special autonomous status.

The Department deploys members of the election roster in response to calls from the EU and OSCE and this is the only means by which we provide a structure to support Irish Election Observers. A number of independent organisations, as in this case, also deploy monitors to observe elections throughout the world and the Department is aware of a number of Irish nationals who have deployed on such missions. These individuals can avail of consular advice and assistance but would not be eligible for the supports including payment of travel and subsistence costs which are only paid to members of the election roster who have being selected by the Department to deploy on missions.

Human Rights

Ceisteanna (215)

Catherine Martin

Ceist:

215. Deputy Catherine Martin asked the Minister for Foreign Affairs and Trade his plans to raise concerns with regard to the human rights of civilians in Biafra with the Nigerian Government in relation to the ongoing Operation Python Dance II; and if he will make a statement on the matter. [41782/17]

Freagraí scríofa

Minister of State at the Department of Foreign Affairs and Trade

I have noted with concern the recent disturbances which have taken place in South-East Nigeria. Ireland recognises the sovereignty and unity of Nigeria: issues relating to Biafra are matters for the Nigerian Government. However, it is also the responsibility of the Nigerian Government to create a secure environment in which all civilians are protected from violence. Ireland is strongly committed to the promotion and protection of the human rights of all people and encourages Nigeria to meet its international commitments in this regard, including in Biafra.

The situation in South-East Nigeria is complex and involves a number of actors. The Embassy of Ireland in Abuja will continue to closely follow developments in South-East Nigeria in cooperation with government authorities, civil society organisations, and our EU and UN partners.

UN Convention on the Rights of Persons with Disabilities

Ceisteanna (216)

James Lawless

Ceist:

216. Deputy James Lawless asked the Minister for Justice and Equality the steps he has taken to ratify the UN Convention on the Rights of Persons with Disabilities; the timeframe for ratification of same; and if he will make a statement on the matter. [41295/17]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

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

It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.

Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Act 2017 has reformed Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.  

The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities, UNCRPD. Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.

The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of deprivation of liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015. The major issue at this stage is in relation to deprivation of liberty – in the case of persons in nursing homes for example, whose capacity to consent may be in doubt. This is a sensitive and important issue and we must get it right.

Unfortunately, it is taking longer than expected to develop a proposal that is constitutionally sound and operationally effective and reasonable. The Department of Justice and Equality continues to engage with the Department of Health to assist with that work, but there is still some work to be done.  

While Ireland’s not having ratified the CRPD is a recurring point of criticism by the UN as well as by domestic civil society and NGOs, it should be noted that in terms of quality of service and the actual position of people with disabilities in society, Ireland is in many respects in advance of other EU states. This is not to be complacent and we are continuing to take practical measures to improve the lives of people with disabilities. The Report of the Make Work Pay Group was published earlier this year and already action, as announced by Minister Harris has been taken on its recommendations. We have a Comprehensive Employment Strategy in place and the Government recently published a new National Disability Inclusion Strategy (2017-2021). This strategy contains a wide range of practical commitments to improve the position of people with disabilities.

I would like to take this opportunity to assure the Deputy that ratification of the UNCRPD remains a very high priority for me as Minister.

Irish Naturalisation and Immigration Service Staff

Ceisteanna (217)

Catherine Connolly

Ceist:

217. Deputy Catherine Connolly asked the Minister for Justice and Equality the number and grade of staff at the Irish Naturalisation and Immigration Service, INIS; the number and grade of vacancies; his views on whether the service is adequately resourced; and if he will make a statement on the matter. [41312/17]

Freagraí scríofa

Minister for Justice and Equality

Staff in the Irish Naturalisation and Immigration Service, INIS, in my Department are deployed across a wide range of activities including the broad areas of international protection and immigration processing, visa processing, citizenship, border management and policy areas of the organisation. In that context, the management of resources is kept under constant review having regard to business and operational requirements, and staff are deployed accordingly.

As with other areas of the public service we have only relatively recently moved out of a moratorium arising from the financial crisis and are now steadily building staff resource capacity within approved budget limits to meet the demands for services. By its nature, this is a difficult process but I am satisfied that every effort is being made to adequately resource INIS to meet the increasing demand.

The current staff breakdown by grade across INIS, including officers in the International Protection Office and the International Protection Appeals Tribunal is as follows:

Grade	Total
Acting ASec	1
Principal Officer	12
Assistant Principal Officer	30
Administrative Officer	3
Higher Executive Officer	93
Executive Officer	199
Clerical Officer	430
Service Officer	19
Total	787

Commercial Rates Impact

Ceisteanna (218)

Willie Penrose

Ceist:

218. Deputy Willie Penrose asked the Minister for Justice and Equality if his attention has been drawn to the fact that 56% of retail shops in County Westmeath have experienced an increase in rates following the revaluation process, while 9% will experience a reduction; his views on whether such levels of increases will lead to the widespread closures of local shops especially in rural areas; his plans to ameliorate or deal with these excessive increases; and if he will make a statement on the matter. [41871/17]

Freagraí scríofa

Minister for Justice and Equality

The Commissioner of Valuation is independent in carrying out his functions under the Valuation Acts 2001 to 2015 and my Department has no role in this regard.

As the Deputy has referred to rates, it is important to state that the position regarding the payment of rates is that, under Irish law, there is a distinct separation of function between the valuation of rateable property and the setting and collection of commercial rates. The amount of rates payable by a ratepayer in any calendar year is a product of the valuation set by the Commissioner of Valuation multiplied by the Annual Rate on Valuation, ARV, decided annually by the elected members of the local authority. The latter is a reserved function of the elected members and the Commissioner has no function in this regard.

Having a modern valuation base is very important for the levying of commercial rates on a fair and equitable basis across all economic sectors including commercial retail units. This has been the policy of successive Governments for many years and is the express purpose of the National Revaluation Programme now being rolled out by the Valuation Office. The current phase of the national revaluation programme (known as “REVAL 2017”) covers the 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 the South Dublin County Council area. Revaluation in these counties was completed in September 2017 and will become effective for rating purposes from 2018 onwards.

The revaluation provisions in the Valuation Acts 2001-2015 provide for the revaluation of all rateable property within a rating authority area so as to reflect changes in value due to economic factors, differential movements in property values or other external factors such as infrastructural changes in the vicinity of a property and changes in the local business environment. The National Revaluation Programme is the first revaluation of all rating authority areas in over 150 years and is being conducted across the country on a phased basis. This is a welcome development which is long overdue and on which considerable progress has been made. Revaluation is an important instrument in redressing historical anomalies in relation to commercial rates for both urban and rural properties and between particular classes of property within a local authority area.

Following revaluation there is a much closer and uniform relationship between contemporary rental values of all rateable properties in a local authority area and their respective commercial rates liabilities. In essence, the exercise aims to ensure that each ratepayer bears a fair share of the rates burden relative to the modern rental value of the property that they occupy. This applies to retail shops as it does to all other categories of property. A key element of revaluation is to remove anomalies in the system where they exist and establish fair and equitable relativities between the various property classifications.

A valuation for commercial rates purposes is an estimate of the Net Annual Value, NAV, of a property, at a specified valuation date, on the assumption that the occupier is responsible for the payment of commercial rates and for insuring and maintaining the property. The term, “net annual value”, has a legal definition and is set out in section 48 of the Valuation Act 2001 as, “the rent for which, one year with another, the property might, in its actual state, be reasonably expected to let from year to year, on the assumption that the probable average annual cost of repairs, insurance and other expenses (if any) that would be necessary to maintain the property in that state, and all rates and other taxes payable in respect of the property, are borne by the tenant”.

Estimating the NAV of a rateable property is an evidence-based exercise. In this regard, I am informed that the Valuation Office analyses relevant market rental transactions for all rateable properties including retail shops in accordance with the legislation, best practice internationally and well-established valuation principles and case law arising from the independent Valuation Tribunal and the higher Courts and the conclusion drawn from that analysis is applied to similarly circumstanced property using the “comparative” method of valuation which, as the name implies, employs direct comparison with other similar properties.

While some final Valuations Certificates issued as part of REVAL 2017 may result in increases in the rates liability of various property types, including some retail shops, possible reasons for such increases where they occur would be that the valuation of some of these properties had not been revised to take account of improvements, extensions or extensive refurbishment that was not reflected in the valuation immediately before the revaluation that is now in train. I am advised by the Commissioner that the revaluation conducted by the Valuation Office in County Westmeath is likely to result in about 56% of ratepayers having their liability for rates reduced and about 39% having an increase with the remaining 5% of properties covering two categories, i.e. property whose rates liability will remain unchanged and some new properties which have been added to the valuation list for the first time.

With specific regard to the retail sector, the number of ratepayers expected to have reduced rates liability in 2018 will be of the order of 39% with 56% getting an increase. In the case of those getting an increase, about a quarter will get a valuation increase in the lower range, i.e. 5% to 20%. The percentage figures reflect the relative rental growth in some retail property vis-à-vis other property categories such as office and industrial property. In County Westmeath 79% of ratepayers occupying industrial property and 60% of ratepayers occupying office property will have a reduced rates liability post revaluation.

There is an extensive process of redress available to ratepayers who are dissatisfied with the valuations they have received from the Valuation Office. Firstly in this regard, a dissatisfied person could have made representations to the Valuation Office within 40 days of the date of issue to them of the certificate of the proposed valuation earlier this year. The Valuation Office considered the representations which were received and made any changes to the valuations that were necessary. These changes were reflected in the final certificates of valuation which was issued to ratepayers on 7 September 2017. Any ratepayer who is still dissatisfied with the final valuation which has been placed on their property following consideration of the representations, 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. The final date for receipt of appeals by the Tribunal is 12 October 2017 and each ratepayer has been informed of this statutory deadline.

I am aware that certain business owners have stated that they face higher rates bills in 2018. However, it is not the purpose of revaluation to increase or decrease the total amount of commercial rates collected by local authorities but rather to ensure that the valuations used for rating purposes are up-to-date and reflect current market conditions. As a consequence, it is a fact that some ratepayers have seen the rateable valuation of their property increase while other ratepayers have seen a decrease.

Section 56 of the Valuation Acts 2001 to 2015, as amended by section 8 of the Local Government (Business improvement Districts) Acts 2006, provides that the Minister for Housing, Planning and Local Government can make an order directing a rating authority to limit the overall amount of income it could raise through rates in the year following a revaluation to the total amount of rates liable to be paid to it in the previous year, adjusted for inflation. Rate limitation orders have been made in each of the local authorities that have undergone a revaluation to date and I understand that my colleague, the Minister for Housing, Planning and Local Government intends to make further orders later this year in respect of rating authorities which have recently undergone revaluation.

In recent years, local authorities have been asked by the Minister for Housing, Planning and Local Government to exercise restraint in setting the Annual Rate on Valuation, ARV, and they have responded positively in this regard. The Government recognises that these are difficult economic times for many businesses including the retail trade and will continue to keep all matters relating to rates under regular consideration and is determined that every avenue will be pursued to optimise efficiency, and contain and reduce costs in the local government sector.

Courts Service

Ceisteanna (219)

Tony McLoughlin

Ceist:

219. Deputy Tony McLoughlin asked the Minister for Justice and Equality if he has given consideration to the creation of a new regional family law judge position for the north west in view of the large number of family law cases there that are leading to long delays in the system and a large number of cases being listed for hearing on sitting days; and if he will make a statement on the matter. [41246/17]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business is a matter the Presidents of the Circuit and District Courts and the presiding judge who are, under the constitution, independent in the exercise of their judicial functions.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the Presidents of the Circuit and District Courts monitor waiting times and workload across all court lists and seek to ensure the optimum use of court time and judicial resources. Wherever possible, both Presidents target additional judicial resources at the areas of greatest need.

I am also informed that delays in the hearing of cases and the size of court lists can be impacted by a number of factors, many of which are outside the control of the courts and the Courts Service, for example, the unavailability of a witness or vital evidence, delays in the furnishing of reports or because the parties and/or legal practitioners are not ready to proceed on allocated dates. This gives rise to adjournments, which can have a major impact on the time taken to complete the hearing of a case and on the number of cases which are listed in a court sitting.

Domestic violence applications are prioritised in all District Courts throughout the country including the north west. Applications such as Protection Orders are prioritised in the District Court and they are usually granted where the Court so decides on the date the application is made to the Court. Typically interim barring orders, which are also an emergency application, are also made ex parte and granted on the date of application. There are, therefore, no delays in dealing with such applications.

Barring Order applications in the north west are generally for hearing between two and six weeks from the date of issue, which is generally the next sitting of the family law court. Applications for Barring Orders are prioritised within court lists and a decision is generally made on such applications on the first listing date. Where adjournments occur they are generally granted at the request of one or both parties.

The Presidents of the Circuit and District Court as well as the Courts Service will continue to monitor the position in the north west particularly in regard to waiting times and the length of court lists and where possible appropriate consideration will be given to allocating additional judicial resources to address any issues that may arise.

The family law waiting times for the District Court in the North West are provided in the following table:

Office	Family Law	Family Law
	Domestic Violence Applications*	Maintenance/Guardianship Applications
Carrick on Shannon	Next sitting	Next sitting
Donegal	Next sitting	Next sitting
Letterkenny	Next sitting	12 weeks
Sligo	Next sitting	4-6 weeks

The family law waiting times for the Circuit Court in the North Westare provided in the following table:  

Office	Family Law	Family Law
	Contested	Non-contested
Carrick on Shannon	6 months	Next sitting
Letterkenny	6-9 months	Next sitting
Sligo	3 months	Next sitting

The 2011-2016 Programme for Government contained a commitment to establish a, “distinct and separate system of family courts to streamline family law court processes and make them more efficient and less costly”, and draft legislation is in preparation to give effect to this commitment. 

A working group comprised of the Department, the Courts Service and the Legal Aid Board is currently in place to examine, among other things, how the new Family Court would operate on the ground and what are the implications for family law cases.

Naturalisation Eligibility

Ceisteanna (220)

Paul Kehoe

Ceist:

220. Deputy Paul Kehoe asked the Minister for Justice and Equality the location a person can get a postnuptial certificate; and if he will make a statement on the matter. [41247/17]

Freagraí scríofa

Minister for Justice and Equality

The acquisition of Irish citizenship on marriage (postnuptial citizenship) was provided for under Section 8 of the Irish Nationality and Citizenship Act 1956. This provision was however repealed under the Irish Nationality and Citizenship Act 2001 with effect from 30 November 2002, but with the saver that the provision would continue to apply to a person being a non-national who, before 30 November 2002, marries a person who is, or who after the marriage becomes, an Irish citizen (otherwise than by naturalisation, postnuptial citizenship or as a token of honour) and who makes a declaration of postnuptial citizenship before 30 November 2005.

The 2001 Act also amended the 1956 Act by the inclusion of a new Section 15A which provided that the Minister may, in his absolute discretion, grant a certificate of naturalisation to a spouse of an Irish citizen providing certain statutory conditions, such as residency requirements, are met. This section was further amended in 2011 to include civil partners of an Irish citizen.

Detailed information on Irish citizenship and naturalisation, as well as the relevant application forms, is available on the INIS website at: www.inis.gov.ie. 

Garda Stations

Ceisteanna (221)

Niamh Smyth

Ceist:

221. Deputy Niamh Smyth asked the Minister for Justice and Equality the reason for the delay with acquiring the new building for the new Garda station for the Bailieborough district; and if he will make a statement on the matter. [41285/17]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, OPW, which has responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.

As indicated to the Deputy by my colleague the Minister of State at the OPW in response to Parliamentary Question No. 52 on 26 September 2017, the OPW and the Chief State Solicitor’s Office continue to progress the acquisition of the site in question as a high priority and expect the process to reach a conclusion shortly.