Written Answers Nos. 102 - 123
102. Deputy Róisín Shortall asked the Minister for Education and Skills his plans to provide primary and secondary schools in an area (details supplied); and if he will make a statement on the matter. [49728/17]
Amharc ar fhreagraAs the Deputy may be aware, in order to plan for school provision and analyse the relevant demographic data, my Department divides the country into 314 school planning areas. My Department uses a Geographical Information System (GIS) to identify where the pressure for school places across the country will arise. The GIS uses data from a range of sources, including the Central Statistics Office, Ordnance Survey Ireland, the Department of Social Protection and my Department's own databases. With this information, my Department carries out nationwide demographic exercises at primary and post primary level to determine where additional school accommodation is needed.
Where demographic data indicates that additional provision is required, the delivery of such additional provision is dependent on the particular circumstances of each case and may, depending on the circumstances, be provided through either one, or a combination of, the following:
- Utilising existing unused capacity within a school or schools,
- Extending the capacity of a school or schools,
- Provision of a new school or schools.
For school planning purposes Meakstown is located in the Department’s Finglas East_Ballymun_Dublin 11 school planning area. As with other school planning areas nationwide, the demographic data for the Finglas East_Ballymun_Dublin 11 (which includes Meakstown) is being kept under review by my Department to take account of updated child benefit data and updated enrolment data and also the impact of any existing and planned capacity increases in the area. It is anticipated that these exercises will be concluded shortly.
103. Deputy Róisín Shortall asked the Minister for Education and Skills the progress of drafting amendments to the Education (Admission to Schools) Bill 2016; the timeframe for the completion of same; and if he will make a statement on the matter. [49731/17]
Amharc ar fhreagraThe Education (Admission to Schools) Bill 2016 was published on 6th July 2016 and passed Committee Stage on 28th June 2017.
At Committee Stage I indicated that I intend to bring a number of important amendments to the Bill at Report Stage. My officials are continuing to engage with the Office of the Attorney General in relation to these amendments. Once the amendments have been finalised the Bill will then progress to Report Stage.
104. Deputy Aindrias Moynihan asked the Minister for Education and Skills the expected commencement date for the construction of a school (details supplied) in County Cork; and if he will make a statement on the matter. [49743/17]
Amharc ar fhreagraThe building project for the school referred to by the Deputy has been tendered and a preferred bidder was initially selected. However, before the project proceeded to site the preferred bidder withdrew from the tender competition.
The Design Team is currently examining the 2nd lowest tender and subject to no issues arising it is envisaged that the project will commence on site early in 2018.
105. Deputy John Brassil asked the Minister for Education and Skills further to Parliamentary Question No. 384 of 7 November 2017, if he has reviewed the level of disparity in funding arrangements between the three sectors in order that relevant action can be taken to address this issue; and if he will make a statement on the matter. [49746/17]
Amharc ar fhreagraGiven that it has not yet been possible to restore grant funding levels in the schools sector due to the many other competing priorities for available funding the review referred to by the Deputy has not yet taken place.
However, it has been agreed with the JMB that any future improvements in funding should be directed in the first instance at the elimination of the salary grant deduction from the capitation payable to voluntary secondary schools. This salary grant deduction amounts to €563 (inclusive of ER PRSI) per teaching post. The estimated annual cost of eliminating the salary grant deduction is approximately €7m.
106. Deputy Fiona O'Loughlin asked the Minister for Education and Skills the status of a permanent building for a school (details supplied); and if he will make a statement on the matter. [49793/17]
Amharc ar fhreagraThe school to which the Deputy refers is currently located on the Notre Dame campus, Upper Churchtown Road, Dublin 14 pending completion of the permanent accommodation for the school at the St. Tiernan’s Community School site in Balally.
Outline planning permission for a new primary school at the site in Balally was submitted to the relevant local authority in December 2012 but was refused on the grounds of site access. This was appealed by my Department to An Bord Pleanála but subsequently withdrawn to facilitate submission to the local authority of an amended outline planning permission in 2013, which was also refused on similar grounds.
This decision was appealed by my Department to An Bord Pleanála but was refused. However, the Board considered that the matter of assessing alternative means of accessing these lands would benefit from a co-ordinated approach by my Department and the local authority in the interests of achieving a comprehensive and balanced solution to ongoing access issues on this educational campus.
Access to the permanent site for the school to which the Deputy refers is a complex planning issue. Since June 2017, my Department has met with a third-party landowner on a number of occasions with a view to negotiating an acceptable solution to the access issue. As these are commercially sensitive negotiations it is not possible to comment further at this stage. All aspects are being progressed in close liaison with the local authority in order to ensure that a further planning application has the best likelihood of success. My Department is fully committed to bringing this project to a satisfactory conclusion as soon as the planning issues have been resolved.
107. Deputy Jan O'Sullivan asked the Minister for Education and Skills if the roll-out of broadband to all schools has been completed; if not, the timeframe for all schools to be included; the percentage that have access to high-speed broadband; and if he will make a statement on the matter. [49798/17]
Amharc ar fhreagraThrough the Schools Broadband Access Programme the Department provides for the supply of internet connectivity for all recognised primary and post primary schools, and some 98% of schools are included in this scheme. All post-primary schools and some special schools are now included in the 100Mbps programme.
The policy of this Department is to offer the best quality connectivity to all schools in line with the technical solutions available in the market and financial constraints. Broadband capacity can vary due to geographical location and local infrastructure, and thus impact on the service that can be provided.
Under the current primary schools programme the Department continually reviews the availability of services and upgrades schools where the opportunity arises, in line with contractual and budgetary requirements. A recent drawdown from the Framework of Providers of Broadband Services saw some 1,100 primary schools awarded download speeds of 30Mbps or greater (the baseline download speed required under the National Broadband Plan). Some 1,000 of those schools have now been connected with the balance to be in place by the end of 2017. This represents circa one third of all primary schools. This is a significant improvement over recent years, given that fewer than 100 primary schools were on those speeds in 2012.
The need to improve broadband connectivity to primary schools is recognised in the Digital Strategy for Schools 2015-2020, and as noted access to high speed broadband is one of the indicators identified in the Digital Strategy Action Plan. An interdepartmental working group has been established to determine how best to address broadband connectivity to primary schools in collaboration with the Department of Communications, Climate Action and Environment, in the context of the National Broadband Plan and the Intervention Strategy, and proposed industry provision.
108. Deputy Niall Collins asked the Minister for Education and Skills the funding process for the full duration of all craft-based and consortia-led apprenticeships; the breakdown of each separate funding stream between national training levy, Exchequer contributions, employer contributions and other sources of finance in each of the years 2014 to 2016 and to date in 2017, in tabular form; the minimum and maximum duration of such apprenticeships; and the national training qualifications obtained once courses are completed. [49831/17]
Amharc ar fhreagraCurrent funding for apprenticeship training is provided from both Exchequer and National Training Fund (NTF). The NTF is resourced by the NTF levy, currently set at 0.7% of reckonable earnings and rising to 0.8% in 2018.
The allocations are based on costings received during the budgetary process, from both SOLAS and the Higher Education Authority (HEA), to meet cost of apprenticeship provision based on the current apprenticeship population, forecast registrations and planned levels of off-the-job training.
The information requested by the Deputy in relation to National Training Fund (NTF) and Exchequer current allocation and spend in each of the years 2014, 2015, 2016 and to date in 2017 is set out in the following table.
|
Year |
National Training Fund (NTF) allocation (€m) |
NTF expenditure Total (€m) |
Exchequer allocation (€m) |
Exchequer expenditure Total (€m) |
|
2014 |
39.6 |
39.6 |
13.1 |
12.0 |
|
2015 |
49.6 |
42.6 |
12.5 |
12.8 |
|
2016 |
60.1 |
55.1 |
14.6 |
14.5 |
|
2017 (expenditure to 31 Oct 2017) |
80.4 |
50.9 |
19.1 |
18.1 |
In 2018, all funding for craft based and consortia led apprenticeships will be provided from the NTF.
The information requested by the Deputy in relation to apprenticeships is set out in the following table. The minimum duration of an apprenticeship is 2 years.
|
Apprenticeship |
NFQ Level |
Duration |
|
|
CONSTRUCTION |
|||
|
1 |
Brick and Stonelaying |
Level 6 |
4 Years |
|
2 |
Carpentry and Joinery |
Level 6 |
4 Years |
|
3 |
Painting and Decorating |
Level 6 |
4 Years |
|
4 |
Plastering |
Level 6 |
4 Years |
|
5 |
Plumbing |
Level 6 |
4 Years |
|
6 |
Stonecutting and Stonemasonry |
Level 6 |
4 Years |
|
7 |
Wood Manufacturing and Finishing |
Level 6 |
4 Years |
|
ELECTRICAL |
|||
|
8 |
Aircraft Mechanics |
Level 6 |
4 Years |
|
9 |
Electrical |
Level 6 |
4 Years |
|
10 |
Electrical Instrumentation |
Level 6 |
4 Years |
|
11 |
Electronic Security Systems |
Level 6 |
4 Years |
|
12 |
Instrumentation |
Level 6 |
4 Years |
|
13 |
Refrigeration and Air Conditioning |
Level 6 |
4 Years |
|
ENGINEERING |
|||
|
14 |
Farriery |
Level 6 |
4 Years |
|
15 |
Industrial Electrical Engineering |
Level 7 |
2 Years |
|
16 |
Industrial Insulation |
Level 6 |
4 Years |
|
17 |
Manufacturing Engineering |
Level 7 |
3 Years |
|
18 |
Manufacturing Technology |
Level 6 |
2 Years |
|
19 |
Mechanical Automation and Maintenance Fitting |
Level 6 |
4 Years |
|
20 |
Metal Fabrication |
Level 6 |
4 Years |
|
21 |
Pipetting |
Level 6 |
4 Years |
|
22 |
Polymer Processing Technology |
Level 7 |
3 Years |
|
23 |
Sheet Metalworking |
Level 6 |
4 Years |
|
24 |
Toolmaking |
Level 6 |
4 Years |
|
FINANCE |
|||
|
25 |
Accounting Technician |
Level 6 |
2 years |
|
26 |
Insurance Practitioner |
Level 8 |
3 Years |
|
27 |
International Financial Services Associate |
Level 6 |
2 years |
|
28 |
International Financial Services Specialist |
Level 8 |
2 years |
|
MOTOR |
|||
|
29 |
Agricultural Mechanics |
Level 6 |
4 Years |
|
30 |
Construction Plant Fitting |
Level 6 |
4 Years |
|
31 |
Heavy Vehicle Mechanics |
Level 6 |
4 Years |
|
32 |
Motor Mechanics |
Level 6 |
4 Years |
|
33 |
Vehicle Body Repairs |
Level 6 |
4 Years |
|
HOSPITALITY |
|||
|
34 |
Commis Chef |
Level 6 |
2 years |
|
IT |
|||
|
35 |
ICT Associate Professional Network Engineer (* 1stt intake Q1 2018) |
Level 6 |
2 years |
|
36 |
ICT Associate Professional Software Developer (* 1st intake Q1 2018) |
Level 6 |
2 years |
109. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 18 of 16 November 2017, if Ireland is in breach of the 2014 Arms Trade Treaty by continuing to permit the export of arms to Saudi Arabia in view of the fact that he has acknowledged that Saudi Arabia is committing gross violations of human rights in Yemen. [49753/17]
Amharc ar fhreagraI am extremely concerned about the situation in Yemen, the suffering of civilians there, and the humanitarian crisis which the war has triggered. Ireland has raised with Saudi Arabia on numerous occasions its concerns about the situation in Yemen. In November 2016, my predecessor, Minister Flanagan, raised concerns about the appalling humanitarian situation in Yemen, and about attacks which have directly impacted on civilians, with the Saudi Minister of State for Foreign Affairs, Dr Nizar bin Obaid Madani, in November 2016. Following this, he also raised these concerns with the UAE Minister for Foreign Affairs, Abdullah bin Zayed Al Nahyan, both in the UAE and more recently here in Dublin.
More recently, when senior officials from my Department met with the Saudi Chargé d’Affaires earlier this month, they reiterated these concerns, and restated Ireland’s view that there can be no military solution to the crisis in Yemen.
Ireland does not have an arms industry and is not therefore an exporter of conventional weapons. Ireland has signed and ratified the 2014 Arms Trade Treaty (ATT) and we consider ourselves in full compliance with the Treaty. As one of the ATT’s early signatories, Ireland continues to be one of its strongest supporters, given its potential to directly impact and reduce fatalities and injuries caused by conventional arms.
I share a deep concern about violations of human rights in Yemen. At the Human Rights Council in September 2017, I decided that Ireland should join a small core group of countries that drove forward the adoption of a Resolution on Yemen. This Resolution establishes a group of international experts, who will establish the facts in relation to violations of human rights and humanitarian law on the ground. This group will report back to the Human Rights Council, as an important step towards accountability in Yemen.
Ireland will continue to press for a negotiated settlement to the conflict in Yemen, respect for human rights and international humanitarian law, and improved humanitarian access to those in need.
110. Deputy Stephen S. Donnelly asked the Minister for Foreign Affairs and Trade the spend on social media campaigns by his Department and the agencies under its aegis on issues related to Brexit; the spend by campaign per platform and State agency; and if he will make a statement on the matter. [49755/17]
Amharc ar fhreagraMy Department has not incurred any expenditure on social media campaigns on issues related to Brexit.
111. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the outcome of the recent EU Council meeting on Brexit; and if he will make a statement on the matter. [49822/17]
Amharc ar fhreagraAt the General Affairs Council (Article 50) on Monday 20 November, the EU’s Chief Negotiator, Michel Barnier, provided an update to the EU27 Member States on the state of play with regard to the EU-UK negotiations.
This provided an important opportunity to take stock of progress in light of the forthcoming decision by the European Council in December on whether or not sufficient progress has been made on the exit issues in order to enable discussions on the framework for a future EU-UK relationship and transitional arrangements to begin.
In this regard, Mr Barnier reported that, while some progress was made in the latest round of negotiations on 9-10 November, there is a lot of work remaining in order to achieve sufficient progress across all of the exit issues - citizens’ rights, the UK’s financial settlement and the issues unique to Ireland.
During the meeting, I took the opportunity to express Ireland’s strong support for the work of Michel Barnier and his team. I also acknowledged the continuing solidarity and support we are enjoying from our EU partners in relation to the Irish specific issues, which was again in evidence throughout the meeting on 20 November.
I emphasised that the decision on whether or not sufficient progress has been made across all three exit issues is one that the EU27 will take together, on the basis of a recommendation from Mr Barnier.
As concerns the Irish specific issues, I underlined that the negotiations have reached the point where firm, explicit commitments are required from the UK, which will need to be reflected in the Withdrawal Agreement. The achievement of sufficient progress does not mean that all issues need to be definitively settled and the detail worked out. But what is essential is that the path to the final outcome is mapped out.
This includes protecting the Good Friday Agreement in all its parts, and the gains of the peace process, including avoiding a hard border on the island of Ireland. In this regard, I recalled that Ireland continues to believe that the optimal solution would be for the UK to remain in the Customs Union and the Single Market. But this is ultimately a decision for the UK Government to make. If the UK continues to rule out this option, the solutions that it offers must be concrete and workable. This should include an acceptance by the UK that the risks posed by the emergence on the island of Ireland of regulatory divergence from the rules of the Internal Market and the Customs Union must be avoided.
I also welcomed that there has been particular progress on advancing joint principles on the continuation of the Common Travel Area and that officials have also been carrying out detailed work over the last few weeks to map out areas of cooperation that operate on a North South basis on the island of Ireland and which rely on EU law and policies. I noted, however, that there is still more work to be done in this area.
I expressed Ireland’s commitment to continue working closely with the Commission Task Force to advance these issues and our hope that, with hard work and political will, the European Council will be able to take a positive decision next month.
112. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade his plans to have discussions resumed between the Irish and British Governments and the political parties in Stormont on the need to have the Northern Ireland Executive and Assembly restored; and if he will make a statement on the matter. [49823/17]
Amharc ar fhreagraAs a co-guarantor of the Good Friday Agreement, the Government remains committed to doing everything necessary to support and facilitate the parties in Northern Ireland to achieve the effective operation of the devolved institutions.
However, devolved power-sharing government can only operate on the basis of an agreement reached between the two largest parties. The other parties represented in the Assembly - which have shown considerable patience - also have a critical role to play here.
I am disappointed that, after several phases of negotiations in different formats, we still do not have an agreement to form an Executive. The issues under discussion – particularly those on language and culture – go to the heart of the divisions in society in Northern Ireland and agreement on them was always going to be challenging.
However, I have always believed that it is possible for the parties to reach an agreed outcome which ensures implementation of previous agreements and reflects the core principles of the Good Friday Agreement and power-sharing itself - partnership, equality and mutual respect. It remains my conviction that this is achievable.
The Government has consistently affirmed our unwavering commitment to the Good Friday Agreement, and our determination, as a co-guarantor of the Agreement, to secure the effective operation of all of its institutions.
The Taoiseach and I continue to engage with the British Government and the parties in Northern Ireland to give full effect to that commitment.
113. Deputy Eamon Ryan asked the Minister for Justice and Equality his views on the concerns articulated by the IDA regarding the effect that the interception of postal packets and telecommunications messages (regulation) (amendment) Bill could have on the development of the digital technology industry here (details supplied); and if he will make a statement on the matter. [49763/17]
Amharc ar fhreagraAs the Deputy will be aware, the Government last year approved proposals to draft a number of amendments to the Interception of Postal Packets and Telecommunications (Regulation) Act 1993 and other associated legislation.
My Department has been working to develop those proposals, in what is a complex and sensitive area of the law, in conjunction with the Office of the Attorney General. As part of the process of developing those proposals, my officials have engaged with a number of stakeholders, including the IDA, industry interests and privacy and human rights groups, and they maintain ongoing interaction with them.
It will be essential to ensure that any legislation in this area is not only robust and effective in supporting the needs of the authorities combating serious crime and terrorism, but that it is also proportionate in securing that objective and that it takes full account of fundamental rights.
I am fully cognisant of the concerns articulated by the IDA. My officials have had direct interaction with representatives of the tech and communications industry and I know that they share my concern to ensure that a proper, modern legislative framework is put in place in this area to underpin Ireland’s reputation as a safe, secure environment in which to invest and do business.
114. Deputy Noel Rock asked the Minister for Justice and Equality the cost to the State for the day release of prisoners from the State's prisons; and if he will make a statement on the matter. [49685/17]
Amharc ar fhreagraI can advise the Deputy that under the Prison Rules 2007, basic provisions on release of prisoners is provided for as follows:
Rule 61 (1) When a prisoner is discharged from prison whether on temporary release or otherwise, the Governor shall ensure that he or she has sufficient means for travelling to his or her destination within the State.
(2) If, upon being discharged from prison whether on temporary release or otherwise, a prisoner has no clothing of his or her own, or inadequate clothing, he or she shall be provided with suitable clothing, and, in so far as is practicable, of a type that is generally worn by persons of his or her age and gender outside prison.
(3) If the Governor has reasonable grounds for believing that a prisoner who is being discharged from prison, whether on temporary release or otherwise, has insufficient means of subsistence, the Governor shall ensure, in so far as is practicable, that he or she is provided with such means of subsistence as the Governor considers appropriate in the circumstances.
I can inform the Deputy that 6,423 prisoners received day release during 2016 for education, training, work, compassionate and re-socialisation reasons.
It is not possible to provide the exact cost to the State for this cohort of prisoners without a manual examination of the 6,423 files. Such an examination would require an inordinate and disproportionate amount of staff time and resources and could not be considered at this time.
I can advise the Deputy however, that in the majority of day release cases, no subsistence payment is made by the Irish Prison Service. In certain circumstances a prisoner may apply to the Department of Employment Affairs and Social Protection for income support while on day release.
115. Deputy Clare Daly asked the Minister for Justice and Equality if he is satisfied that the Policing Authority has the necessary staffing resources and expertise in place to fully carry out its role, in view of the fact that the authority spent €139,920 on an outside agency to conduct a report (details supplied) regarding mandatory intoxicant testing and the incorrect issuing of summonses by An Garda Síochána. [49695/17]
Amharc ar fhreagraAs the Deputy is aware, the statutory basis for the Policing Authority is the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015.
The Policing Authority is an independent statutory agency and within the context of this independence, the Chief Executive and senior management of the Authority manage and control its staff, administration and business. The Policing Authority has had the support of both my Department and the Department of Public Expenditure and Reform in obtaining sanction for the required staffing resources and a team of appropriately skilled and experienced staff has been put in place over the past 18 months. The Policing Authority has sanction and budget for 39 staff of which 28 staff are currently in place and I understand it is anticipated that remaining posts will be filled during the first half of 2018.
I would draw the attention of the Deputy to the provisions of section 62L of the Act, which entitles the Policing Authority, with the consent of the Minister for Justice and Equality and the Minister for Public Expenditure and Reform, to enter into contracts with persons, or appoint consultants or advisers, as it considers necessary, to assist in the performance of its functions.
In the case of the project undertaken to review the issues arising in the recording of Mandatory Alcohol Tests and Fixed Charge Notices, the Policing Authority took the view that the appropriate approach was to engage an external service provider to undertake the project. Even when the full staffing complement is in place, it is recognised that circumstances will arise where due to time pressures or the need for a particular expertise or specialism, the most efficient and cost-effective approach will be to retain the services of external service providers.
116. Deputy Brendan Smith asked the Minister for Justice and Equality further to Parliamentary Question No. 33 of 12 July 2017, if additional gardaí will be assigned to this division in view of the increase in crime and the particular policing requirements of counties Cavan and Monaghan; and if he will make a statement on the matter. [49704/17]
Amharc ar fhreagraIt is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Garda Commissioner that the number of Gardaí assigned to the Cavan/Monaghan Division on 30 September 2017, the latest date for which figures are readily available, was 321 with 12 Garda Reserves and 38 civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Unit, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 33 of whom were assigned to Cavan/Monaghan Division. In addition, another 200 trainee Garda are scheduled to attest next month which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. The substantial increase in Garda numbers is tangible progress on achieving this Government’s vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say that Budget 2018 will support the continuation of the high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College. An additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Garda Division, including the Cavan/Monaghan Division, in the coming years.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and classroom based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
As the Deputy is aware, Operation Thor, which is effective in all Garda Divisions including the Cavan/Monaghan Division, involves a broad range of activities to tackle organised crime gangs and other prolific offenders as well as working with communities to prevent crime. It is encouraging to note that in parallel with the implementation of Operation Thor burglary figures in particular have shown a significant downward trend. The CSO official recorded crime statistics for Q4 of 2016 show a 30% decrease in burglary for the twelve months of 2016 when compared to the same period in 2015 - which parallels the implementation of Operation Thor.
The Deputy will also be aware that there is close and ongoing cooperation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting security threats and cross-border crime. The Garda Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing cooperation, have repeatedly emphasised the scope and the value of the close and high quality cooperation between the two police services in combating crime, protecting community safety and saving lives. The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island.
117. Deputy James Browne asked the Minister for Justice and Equality his plans to amend the Succession Act 1965; his views on the entitlements of beneficiaries of wills here; the position regarding the duties of a will’s executors; and if he will make a statement on the matter. [49706/17]
Amharc ar fhreagraI intend to introduce, as part of a forthcoming Civil Law (Miscellaneous Provisions) Bill, provisions which will amend section 120 of the Succession Act 1965, which deals with prevention of benefit from homicide. My intention will be to ensure that persons convicted of murder, attempted murder or manslaughter will be precluded from taking any share in the property or other assets of their victim. While I am not in a position at this stage to announce when such legislation will be published, my intention is to proceed quickly with enactment of the legislation following its publication.
I should add that consideration is being given in my Department to the recommendations made by the Law Reform Commission in its Report on Section 117 of the Succession Act dealing with aspects of provision for children under the Act with a view to bringing forward any necessary legislative changes.
With respect to the duties of executors of will, the Succession Act, as amended, contains specific provisions relating to the appointment of an executor or administrator of the estate of a deceased person and the duties and powers of the person so appointed. In general terms, the executor has the power to:
- deal with the estate (for example, to sell it to pay debts or distribute amongst beneficiaries)
- represent the deceased in legal actions and to settle legal actions against the deceased's estate.
In addition, an executor must:
- gather together and protect all the deceased's assets (money, shares, property, etc.) and find out their combined value
- call in any outstanding funds due (money owing to the deceased)
- pay any debts or taxes owed
- pay the funeral expenses
- make sure that the spouse and children know about their legal right share
- make sure the entitled beneficiaries or next of kin get what they are entitled to, and that ownership of property is passed on correctly.
In order to ensure that beneficiaries of a will receive their bequests in a timely fashion, Section 62 of the Succession Act 1965 provides that an executor is obliged to distribute the assets as soon as possible after the death. The section also provides that where the administration of an estate has not been completed within a one year period, it is open to any person or beneficiary to apply to the High Court and for the High Court to summon the executor to explain the non-completion of the administration. I should repeat the longstanding advice that, where a person has an issue as to the manner in which an executor is managing an estate, legal advice should be taken.
118. Deputy Clare Daly asked the Minister for Justice and Equality if a system exists whereby a personal and dedicated advocate for the welfare and needs of a ward of court whose committee is the general solicitor may be appointed in view of the fact that such wards are intensely vulnerable and their needs and welfare may not be adequately provided for in the absence of a dedicated advocate; and, if no such system exists, his plans to introduce same. [49708/17]
Amharc ar fhreagraAs the Deputy is aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that when a person is taken into wardship, the President of the High Court appoints a Committee, usually one person, and that Committee has an important role in relation to the ward's personal welfare and property. In approximately 75% of all cases the ward’s Committee is a family member or a trusted friend.
The Courts Service has also informed me that if there is no suitable or willing relative or friend available, or if there is a conflict of interest between the ward and the person who would otherwise have been appointed, or where there is disagreement among a ward's relatives about how his/her affairs should be managed, the President of the High Court can appoint the General Solicitor for Minors and Wards of Court to act as the Committee. The General Solicitor takes the responsibility of acting as Committee very seriously and strives at all times to act in the best interest of each ward. In so doing the General Solicitor often uses the services of others, including social workers, to assist her.
The Courts Service has advised that the Committee of the Estate is involved in the management of the ward's assets and in matters relating to the ward's income and expenditure needs. The Committee of the Person has a role in matters relating to the welfare of the ward. If a family member, friend or other person close to the ward wishes to have more involvement in the welfare, property and affairs of a ward that person may apply to be appointed as Committee by writing to the Office of the General Solicitor. That person may apply to be a Committee of the Person or of the Estate or a Committee of both the Person and the Estate. The decision whether or not to appoint such person as Committee is a matter for the President of the High Court.
The Deputy will be aware that the Assisted Decision-Making (Capacity) Act 2015 provides for the replacement of the adult wards of court system by a less intrusive system. The proposed new system will offer a continuum of options to support people in maximising their decision-making capability.
Part 6 of the 2015 Act provides that adults currently in wardship will transition to the new decision-making support arrangements provided for in the Act on a phased basis over 3 years from the commencement of Part 6 of the Act. Once Part 6 is operational, each ward will be reviewed by the wardship court in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the decision-making support option most appropriate to his or her needs.
The specific decision making supports available under the Act to adults with capacity difficulties will be decision-making assistants, co-decision-makers and decision-making representatives, all of whom will be supervised by the Director of the Decision Support Service.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of persons (details supplied); and if he will make a statement on the matter. [49712/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the first named person concerned was granted Stamp 1 conditions for two years on 12 October 2017.
The second named person concerned was granted permission to remain in the State, on immigration Stamp 3 conditions, for two years on 12 October 2017 as a dependant of the first named person.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
120. Deputy Sean Sherlock asked the Minister for Justice and Equality the engagement he has had with his counterpart in the United Kingdom, including the devolved administrations of Scotland and Wales, over the past six months. [49723/17]
Amharc ar fhreagra121. Deputy Sean Sherlock asked the Minister for Justice and Equality the engagement he has had with his counterpart in France in the past six months. [49724/17]
Amharc ar fhreagra122. Deputy Sean Sherlock asked the Minister for Justice and Equality the engagement he has had with his counterpart in Germany in the past six months. [49725/17]
Amharc ar fhreagra123. Deputy Sean Sherlock asked the Minister for Justice and Equality the engagement he has had with his counterpart in the United States of America in the past six months. [49726/17]
Amharc ar fhreagraI propose to take Questions Nos. 120 to 123, inclusive, together.
I have regular formal and informal engagement with my EU counterparts, including the relevant French, German and UK Ministers, at meetings of the Justice and Home Affairs Council of Ministers. In this regard, I attended the most recent meetings on 14 September 2017 and 12 October 2017, and plan to attend the next meeting on 7 December 2017.
I can also inform the Deputy that I met with the UK Home Secretary, Amber Rudd MP, Justice Secretary, David Lidington MP and James Brokenshire MP, Secretary of State for Northern Ireland, in London on 11 October 2017 where we discussed the close co-operation between Ireland and the UK on criminal and civil justice, immigration and security issues. I had previously met with Secretary of State Brokenshire in Dublin on 22 August 2017.
There is also ongoing contact on EU Justice and Home Affairs matters, and on other issues of mutual interest, between my officials and EU Embassies in Dublin, and through Ireland's Permanent Representation to the EU.
Since my appointment, I have not had the opportunity to meet with my US counterparts, the US Attorney General and the US Homeland Security Secretary. I have, however, met with Mr Reece Smyth, Charge d’Affaires at the US Embassy, on 22 June 2017 and 2 November 2017. We have had the opportunity to discuss a number of issues of mutual interest, including international co-operation in combatting terrorism and radicalisation, cybersecurity and the UK’s planned exit from the EU.
Officials in my Department maintain contact with the Embassy and with their US counterparts on an ongoing basis across a range of relevant areas of mutual interest in the justice field.
