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Gnáthamharc

Wednesday, 6 Dec 2017

Written Answers Nos. 146-165

Schools Building Projects

Ceisteanna (146)

Bernard Durkan

Ceist:

146. Deputy Bernard J. Durkan asked the Minister for Education and Skills the progress in respect of the school building programme at primary and secondary level throughout the country with particular reference to the need to meet demographic pressures; and if he will make a statement on the matter. [52316/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department's Capital Programme continues to address the challenge posed by a rapidly increasing school population. To meet this demographic challenge, my Department's Capital Investment Programme (2016-2021), details the school projects that are being progressed through the architectural planning process towards tender and construction. The Capital Programme also provides for devolved funding for additional classrooms for schools where an immediate enrolment need has been identified or where an additional teacher has been appointed.

There is currently a review underway of the need for school places across our 314 school planning areas, which is expected to identify new needs due to the higher than expected population recorded census.

The Action Plan for Education sets out the Government's ambitions for the Education system, including the commitment contained in the Programme for Government, towards the prioritisation of school educational infrastructure. 

Following the Capital Review, additional capital funding of €332m will be available to the schools sector primarily from 2019 onwards, boosting investment in our primary and post-primary schools infrastructure. This significant investment reflects the priority which government has put on education on delivering on our ambition to deliver a fair society and a strong economy.

Third Level Education

Ceisteanna (147)

Bernard Durkan

Ceist:

147. Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which third level education requires ongoing assessment and updating in line with best practice internationally in order to ensure the ability of graduates to compete internationally; and if he will make a statement on the matter. [52317/17]

Amharc ar fhreagra

Freagraí scríofa

Third level education is constantly evolving in accordance with emerging best practices and national priorities to ensure that graduates, and the institutions themselves, are best placed to meet the needs and demands of the global marketplace. 

The system performance framework articulates the expectations from the Third Level system across all areas of activity and from across Government, including commitments made in A Strategy for Growth, Medium Term Economic Strategy 2014-2020, the Action Plan for Jobs (2014), the Report of the Research Prioritisation Steering Group (2011), the National Plan for Equity of Access to Higher Education 2008 – 2013 and the ICT Skills Action Plan 2014 – 2018.  The HEA engages with HEIs on their performance against these domains through a process of strategic dialogue  and through the use of performance funding.  A revised system performance framework is under development and will take account of new national priorities.

Quality assurance procedures are in place within HEIs in accordance with Guidelines as set out by Quality and Qualifications Ireland (QQI).  An Annual Institutional Quality Assurance Report is submitted to QQI which outlines the institution's cycle of internal reviews along with links to published review reports.  These internal reviews comprise of any or all of regular periodic reviews of study programmes; quality reviews of academic, administrative and service Departments; unit-based reviews of schools, faculties and colleges and thematic reviews of institution-wide issues.  QQI has also established a Policy for the Cyclical Review of Higher Education Institutions, which takes place on a periodic scheduled basis.

Support for teaching and learning is a central pillar of the National Strategy for Higher Education 2030 and the promotion of ‘excellence in teaching and learning to underpin a high-quality student experience’ is one of the 7 ‘key system objectives’ in the Higher Education System Performance Framework.

The National Forum for the Enhancement of Teaching and Learning supports the implementation of best international practice in teaching at third level through ensuring that opportunities for better practice are identified, mainstreamed and shared under the guidance of the Higher Education Authority and sectorial representative bodies.  

The Higher Education Authority (HEA) also maintains a watching brief on developments in higher education nationally and internationally in order to inform the on-going development of the Irish higher education system. To date, 7 fora have been held to inform Higher Education Institutions (HEIs) of ongoing developments in the international arena.

UN Convention on the Rights of Persons with Disabilities

Ceisteanna (148)

Bríd Smith

Ceist:

148. Deputy Bríd Smith asked the Minister for Justice and Equality the timeframe for the ratification of the UN Convention on the Rights of Persons with Disabilities (details supplied); and if he will make a statement on the matter. [52150/17]

Amharc ar fhreagra

Freagraí scríofa

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.

I am pleased that, at its meeting yesterday, the Government agreed to ratify the Convention.

The precise timetable for ratification and sequence of events will become clearer after the next Government meeting, and the formal process will commence early in the new year.

I have submitted draft legislation to the Government and, subject to cabinet approval, I intend to publish the deprivation of liberty provisions for public consultation soon thereafter. Deprivation of liberty is a sensitive and important matter which goes to the heart of fundamental freedoms and human rights.   Legislative proposals in this area will have significant implications for families, the operation of the health services and the courts.  It is important the people fully understand what is being proposed.  These provisions are intended to provide safeguards for older people and persons with disabilities and certain categories of people with mental health illnesses to ensure that they are not unlawfully deprived of their liberty in residential facilities.

This Government is making good progress with regard to making the Convention's requirements operational in Ireland in an appropriate manner. Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's full implementation of the Convention as set out in the 2015 roadmap. 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. Section 5 of the Criminal Law (Sexual Offences) Act 1993 was reformed through a 2017 Act of the same name to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.

There are two further priority implementation issues: these are the enactment of the Disability (Miscellaneous Provisions) Bill 2016 and the commencement of the Assisted Decision Making Capacity Act 2015 which requires the Decision Support Service to be operational and ready to roll out the new decision-making support options. The 2018 Budget has provided an allocation of €3 million for the establishment of the Decision Support Service.

Finally, I am continuing to take a wide range of practical measures to improve the lives of people with disabilities.  The Report of the 'Make Work Pay Group' was published in April of this year and already action, as announced by the Minister for Health, has been taken on its recommendations. We have a Comprehensive Employment Strategy in place and 2017 has seen positive action measures being taken to support public sector recruitment of people with disabilities.  I also published the Disability Inclusion Strategy in July of this year containing a wide range of practical commitments to improve the lives of people with disabilities.

Garda Deployment

Ceisteanna (149)

Brendan Smith

Ceist:

149. Deputy Brendan Smith asked the Minister for Justice and Equality when the next Garda recruits will be assigned to Garda divisions; if the particular policing requirements of Border divisions such as Cavan and Monaghan will be given detailed and favourable consideration in the assignment of personnel; and if he will make a statement on the matter. [52206/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it 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.

The Garda strength of the Cavan/Monaghan Division on 31 October 2017 was 324. There are 11 Reserves and 37 civilian staff attached to the Division. 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 Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

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. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

I am 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 have been assigned to the Cavan/Monaghan Division. I look forward to attending the graduation of another 200 trainee gardaí on Friday which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - a net increase of 500 since the end of 2016.

I am also pleased that Budget 2018 maintains this high level of investment in the Garda workforce and ensures 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. This will see Garda numbers reach the 14,000 mark by the end of 2018.

In addition, a further 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 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 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 class-room 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.

Public Sector Pensions Levy

Ceisteanna (150)

Sean Fleming

Ceist:

150. Deputy Sean Fleming asked the Minister for Justice and Equality if the public service pension reduction is payable by members of An Garda Síochána who have worked their full years service and continue to work; and if he will make a statement on the matter. [52096/17]

Amharc ar fhreagra

Freagraí scríofa

It is assumed that the Deputy is referring to the public service Pension-Related Deduction (PRD), which applies to the pay of all pensionable public servants including members of An Garda Síochána, under the terms of the Financial Emergency Measures in the Public Interest (FEMPI) Act 2009, as amended.

It is also assumed that the Deputy is referring to a scenario in which a member of An Garda Síochána attains maximum service for occupational pension purposes and continues to work beyond this while not accruing any further pension entitlements.

PRD applies to the pay, including any non-pensionable pay elements, received in a calendar year. It is a progressively structured reduction whose design ensures that those on higher pay rates are impacted proportionately more than those on lower pay.

The application of PRD is not dependent on the number of years of pensionable service accrued by a Garda member, rather, it is based on the condition that he or she is a member of An Garda Síochána pension scheme and the pay received by them in a calendar year exceeds the relevant PRD exemption threshold.

Specifically, section 2(1)(b) of FEMPI 2009 provides that any public servant who is a member of a public service pension scheme or who is entitled to benefit under such a scheme or receives a payment in lieu of membership of such a scheme is subject to PRD.

As set out in section 6.1 of the Public Service Stability Agreement 2018-2020, an Additional Superannuation Contribution (ASC) is to be introduced from 1 January 2019 as a permanent extra pension contribution to be paid by pensionable public servants; it will displace the Pension-Related Deduction (PRD). The ASC will apply in a similar manner to PRD in that it targets pay received in a calendar year. It differs, however, in that it will apply only to the pensionable element of pay received in that period.

The ASC is provided for in the Public Service Pay and Pensions Bill 2017 which is expected to be enacted before the end of the year.

Pension Provisions

Ceisteanna (151, 152)

Sean Fleming

Ceist:

151. Deputy Sean Fleming asked the Minister for Justice and Equality if there is an index linking to current pay rates for retired members of An Garda Síochána on pensions to recent national pay agreements; and if he will make a statement on the matter. [52101/17]

Amharc ar fhreagra

Sean Fleming

Ceist:

152. Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding pensions paid to retired members of An Garda Síochána and the impact of recent pay agreements on those below pensions of €32,500 and above €32,500, respectively; if his attention has been drawn to the financial difficulties of persons on the lower fixed pensions; and if he will make a statement on the matter. [52102/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 151 and 152 together.

In the past, the pensions of  retired members of An Garda Síochána were generally adjusted in line with changes in the wages or salary of the Garda member’s grade at retirement. Sometimes referred to as "pay parity", this non-statutory linkage lapsed in 2010, when the values of pensions in payment were left unchanged notwithstanding salary cuts at the beginning of that year which affected all public servants, including An Garda Síochána, under the financial emergency legislation.

Due to a grace period associated with the 2010 salary cuts, public servants and members of An Garda Síochána who retired in the 26 months following those cuts, i.e. in the period to end-February 2012, had their pensions based on the higher pre-cut salary levels. This has led to the current situation whereby post-February 2012 retirees, on a like-for-like basis, mostly receive lower pensions than their earlier retired counterparts.

The lapsing of pay parity along with the pension differential arising between pre and post-2012 retirees, has created the conditions under which the issue of how to adjust the post-award value of Garda and public service pensions, through appropriate pay or other linkages has required consideration.

In that context, pension increase policy in An Garda Síochána was considered by Government during the mid-2017 public service pay talks, which led to the recently ratified Public Service Stability Agreement 2018-2020 (PSSA).

Section 6.2 of the PSSA indicates that, over the duration of that agreement, policy on public service pensions in payment will be guided by the following three elements:

- First, the need to adopt an equitable approach to the various public service pensioner cohorts differentiated by date of retirement (in particular pre and post end-February 2012) is affirmed.

- Second, for those who retired or will retire post end-February 2012, to the extent that they retired or will retire on reduced salaries for pension award purposes, they will receive pension increases in line with pay increases received by their peers currently in employment in accordance with the terms of the collective agreement.

- Third, when alignment is achieved between pre and post end-February 2012 pensioners, as will happen progressively for salary ranges up to €70,000 in 2020 under the proposed collective agreement, pay increases will continue to benefit pensions in payment for the duration of the agreement.

The essence of the Government’s pension increase policy over the PSSA lifetime to end-2020 is that pensions in payment will increase in line with pay increases where that is necessary to ensure that underlying salary on which those pensions are based is equal to that of the salary on which new-award pensions of same-grade retiring staff are based.

This effectively represents a limited resumption of the pre-FEMPI "pay parity" model, under which pension rates rose in line with pay increases, and will be applied within strictly controlled terms until end-2020 only.

Tribunals of Inquiry

Ceisteanna (153)

Jim O'Callaghan

Ceist:

153. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if his Department has sworn an affidavit of discovery for the purpose of the disclosures tribunal; if so, if that affidavit contains a claim of legal professional privilege over documents generated in 2014, 2015 and 2016; and if he will make a statement on the matter. [52136/17]

Amharc ar fhreagra

Freagraí scríofa

Discovery orders were issued by the Tribunal to my Department in February, April and September. These orders were complied with fully and the relevant documents were forwarded to the Tribunal in February, May and September 2017. In the course of making discovery, affidavits of discovery were requested by the Tribunal in respect of two of those orders, those in April and September. An official of my Department swore three affidavits in respect of these two discovery orders.

The discovery orders concerned records of the O’Higgins Commission of Investigation; documents related to two cases which had been considered by the Independent Review Mechanism; a copy of a representation to the then Minister which referenced Sergeant McCabe; a report of a GSOC investigation into a complaint that a Garda investigation of an alleged serious assault was not properly carried out; and records related to the allegation of contacts between the Gardaí and TUSLA in relation to Garda Keith Harrison.

The Department has also made voluntary disclosure of other matters including three protected disclosures, reports from the Garda Commissioner under section 41 of the Garda Síochána Act and, most recently, the two email threads that were uncovered following a trawl of documents in the Department. In acknowledging receipt of the emails, the Tribunal made reference to my Department's already extensive discovery which has allowed the Tribunal to place the current documents in context.

When the Disclosures Tribunal was established, my Department notified the Tribunal of the existence of a number of files which might come within the terms of reference of the Tribunal. These included some files relating to on-going civil litigation, in relation to which my Department had been advised that legal professional privilege applied. The Tribunal did not request discovery of these files.

In an affidavit of discovery which related, in part, to records of the O'Higgins Commission of Investigation, my Department did claim legal professional privilege over 2 documents, one of which consisted of a memo from the Commission's senior counsel to the Commission and which contained legal advice. The second was a draft letter from the solicitor to the Commission for issue to one of the parties to the Commission. My Department was advised that these documents did attract legal professional privilege. In line with the standard format of an affidavit of discovery, the Tribunal was provided with sufficient information to identify the type of records in question. The Tribunal did not raise any issue with the affidavit.

I should clarify that no officials of my Department (nor, indeed, my predecessor) have accessed the records of the O'Higgins Commission of Investigation in view of the statutory necessity to maintain confidentiality of those records. Therefore, to comply with the Tribunal's discovery orders my Department engaged documentary counsel to examine those records and to identify the relevant records for the purpose of the discovery order.

Closed-Circuit Television Systems Expenditure

Ceisteanna (154)

Brendan Smith

Ceist:

154. Deputy Brendan Smith asked the Minister for Justice and Equality his plans to reduce the local financial contribution that is needed to provide and maintain community-based CCTV schemes; and if he will make a statement on the matter. [52205/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Programme for a Partnership Government commits to supporting investment in CCTV systems and, in this context, my Department launched the Community-based closed circuit television Grant-aid Scheme in April 2017 as the vehicle to provide financial assistance to community groups looking to establish CCTV systems in their local areas.

Under the Scheme, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000. Upon approval of the grant, the applicant will receive an up-front payment of 50% of the grant with the balance to be paid when the system is fully operational.

The terms of the Scheme were developed on foot of research in relation to such systems undertaken by my Department and having due regard to the finite resources available.

If the Deputy is aware of any Groups that wish to avail of the Scheme but have not done so to date, I would ask him to let me know and I will ensure that they are given whatever support they require in order to make an application. In this context, my officials recently met with Irish Rural Link as well as some community representatives in relation to the Scheme. This level of engagement is encouraging and my Department continues to receive a significant number of enquiries about the Scheme.

Full details of the Scheme, including guidelines, application forms, code of practice and other relevant documentation are available to download from my Department's website - www.justice.ie .

Naturalisation Applications

Ceisteanna (155)

Richard Boyd Barrett

Ceist:

155. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the reason a person (details supplied) who has lived here since the age of nine and has a number of naturalised siblings is still be waiting for a decision on their application for same; and if he will make a statement on the matter. [52209/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that processing of both the applications for a certificate of naturalisation from the persons referred to by the Deputy, is ongoing and will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process.  In some instances, completing the necessary checks can take a considerable period of time. 

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.

Departmental Expenditure

Ceisteanna (156)

Fergus O'Dowd

Ceist:

156. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the expenditure by his Department by heading (details supplied) in each of the years since June 1997 to January 2011, in tabular form; and the miscellaneous expenditure not relating to set Department budgets pertaining to the headings. [52226/17]

Amharc ar fhreagra

Freagraí scríofa

The information sought is being complied and verified and will be provided to the Deputy in due course.

Independent Review Mechanism

Ceisteanna (157)

Bríd Smith

Ceist:

157. Deputy Bríd Smith asked the Minister for Justice and Equality if the families of 320 victims reviewed under the independent review mechanism that commenced in July 2014 will receive their reports prepared by council in view of a promise of transparency in his Department. [52237/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy is referring to the 320 cases which were considered by the Independent Review Mechanism (IRM).

The reports provided by counsel and containing their recommendations to the Minister in each case constitute legal advice and they are, accordingly, subject to legal professional privilege.  Issues of public policy arise here and I do not believe that it would be appropriate that I should waive that privilege in this instance.  I can say, however, that in compliance with a discovery order made by the Disclosures Tribunal, my Department did provide the full reports in relation to those cases covered by the order.

As the Deputy will be aware, the IRM is the process which was set up by the Government in May 2014 to consider allegations of Garda misconduct or deficiencies in the way that Gardaí had carried out investigations. 

A panel consisting of 2 Senior Counsel and 5 Junior Counsel was established for the purpose.  All were selected on the basis of their knowledge of the criminal justice system.  Recommendations were received in all 320 complaints referred to the panel and my predecessor accepted all of the recommendations.  The process of issuing decision letters to the complainants largely concluded in February 2016.

While the report and recommendations from counsel were not provided to complainants, my predecessor sought to ensure that the letters which issued to complainants informing them of the outcome of the review of their particular complaints should not only set out the recommendation of counsel but also outline, in so far as possible, the reasons for that recommendation, subject to any legal constraints there may be. To that end she appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of the letters which issued and independently vouch for the fact that the summaries of counsel’s conclusions and the reasoning behind them, as was outlined in the letters, were a fair reflection of counsel's advice.

Garda Policing Plans

Ceisteanna (158)

Róisín Shortall

Ceist:

158. Deputy Róisín Shortall asked the Minister for Justice and Equality the performance measures used by An Garda Síochána; and if he will make a statement on the matter. [52293/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Policing Authority is an independent statutory body established on 1 January 2016 to oversee the performance of An Garda Síochána in relation to policing services, to promote public awareness of policing matters and to promote and support the continuous improvements in policing in Ireland.

The Policing Authority is required under the Garda Síochána Act 2005, as amended, to determine priorities and targets for An Garda Síochána in performing its functions relating to policing services. The Annual Policing Plan, which is a public document, forms the core of the Garda Síochána performance framework.  It contains a range of performance targets across the key chapters of the Plan. These Chapters are:

- Organisational Development and Capacity Improvement

- National and International Security

- Confronting Crime

- Roads Policing

- Community Engagement and Public Safety.

The performance targets apart from those specific to national and international security issues are established by the Policing Authority with my approval under Section 20(b) of the Garda Síochána Act 2005. There are a number of different types of targets contained in the Policing Plan and the Policing Authority has sought to ensure that they are as specific and measurable as possible. The various types are:

- Recorded crime levels across key crime types

- Detection rates across the key crime types

- Timeframe targets for the completion of particular pieces of work

- Targets set relating to particular pieces of work, ex. numbers recruited, numbers redeployed, numbers trained in a particular area of policing, specific allocation of resources to a particular area e.g. roads policing

- Attitudinal measures coming from the independently conducted Garda Attitudinal survey.

The Plan also has regard to targets contained in national strategies to which the Garda Síochána are a party, for example the National Road Safety Strategy and the COSC Strategy.

I am advised that there are over 80 targets in the draft Policing Plan for 2018 across all the areas of policing.

Garda Policing Plans

Ceisteanna (159)

Róisín Shortall

Ceist:

159. Deputy Róisín Shortall asked the Minister for Justice and Equality if he will report on the outcome of the GRACE programme within An Garda Síochána; the aspects of this programme that remain in place; and if he will make a statement on the matter. [52294/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware there is an extensive programme of reform currently underway affecting all aspects of the administration and operation of An Garda Síochána. This follows the Government's approval in July 2016 of a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the Garda Inspectorate report 'Changing Policing in Ireland' and the commitments in the Programme for a Partnership Government aimed at increasing the visibility, effectiveness and responsiveness of An Garda Síochána.

The Policing Authority is performing an important task in overseeing the current reform process and in supporting the Gardaí in implementing the reform agenda. Its third progress report which I published on 14 September identifies welcome progress in a number of areas including -

- Significant progress in the work of the Garda Victims' Services Offices.

- The establishment of four Protective Services Units on a pilot basis,

- The completion of the Garda Deployment Survey

- Positive progress in the development and implementation of the Divisional/functional model of policing

- Progress on ICT projects,

- The Executive Director of Strategy and Transformation has taken up his post,

- Good progress on the implementation of improved risk management.

I have made it clear that implementation of the ambitious reform programme must continue and, indeed, must move at a greater pace, to ensure the best possible policing services to the people of Ireland. To support An Garda Síochána in addressing the concerns highlighted by the Authority a structured process of engagement is in place between my Department and An Garda Síochána to identify and agree corrective actions. This engagement includes formal monthly meetings at senior official level with the Deputy Commissioner for Strategy and Governance, the Chief Administrative Officer and the newly appointed Executive Director of Strategy and Transformation of An Garda Síochána.

I believe the only way to deliver world class policing in Ireland is to ensure that An Garda Síochána has the resources it needs and that those resources operate in an organisation whose culture is open and responsive and where the best management systems and practices are deployed.  I am confident that the reform plan that is being pursued by An Garda Síochána, supported by the Government and overseen by the Policing Authority, has the capacity to achieve this.  It will not be done overnight but as I have made clear, the implementation of the ambitious reform programme must continue and, indeed, must move at a greater pace, to ensure the best possible policing services to the people of Ireland.

The GRACE (Garda Response to a Changing Environment) programme to which the Deputy refers was introduced in 2011 to co-ordinate a significant number of on-going work streams and programmes. The overall objective of GRACE was to eliminate or substantially reduce the budget deficit within An Garda Síochána and to demonstrate leadership willingness and capability to address immediate, medium and longer-term financial challenges, in collaboration with other agencies. I have asked the Garda Commissioner for the specific information requested in relation to the outcome of this programme and what aspects remain in place and I will revert to the Deputy upon receipt of same.

Garda Inspectorate Reports

Ceisteanna (160)

Róisín Shortall

Ceist:

160. Deputy Róisín Shortall asked the Minister for Justice and Equality the progress report on each of the 81 recommendations made by the Garda Inspectorate in its 11th report, Changing Policing in Ireland; the timeframe for the implementation of the recommendation if it is ongoing; the reason the recommendation has not been implemented, in tabular form; and if he will make a statement on the matter. [52295/17]

Amharc ar fhreagra

Freagraí scríofa

The Government approved a major Five Year Reform and High Level Workforce Plan for An Garda Síochána in July 2016 based on the implementation of the Garda Inspectorate’s recommendations contained in its report "Changing Policing in Ireland" in tandem with the delivery of the Government’s commitments in relation to increasing the overall Garda workforce.

The Policing Authority, at the request of my predecessor is performing an important task in overseeing this process and in supporting the Gardaí in implementing the reform agenda. It is required to report to me, as Minister, on a quarterly basis. To date it has submitted three reports which have been published on my Department's website at www.justice.ie. I would refer the Deputy to the Authority's third progress report for a comprehensive assessment of  progress on the implementation of the recommendations. The report notes welcome progress in a number of areas including:

- significant progress in the work of the Garda Victims' Services Offices,

- the establishment of four Protective Services Units on a pilot basis,

- the completion of the Garda Deployment Survey,

- positive progress in the development and implementation of the Divisional/functional model of policing,

- progress on ICT projects,

- the Executive Director of Strategy and Transformation has taken up his post,

- good progress on the implementation of improved risk management.

As the report makes clear, however, improvements are required in respect of the governance of the reform programme and the pace of implementation.

I have made it clear to the Garda Commissioner that the concerns highlighted by the Authority must be addressed and the reform programme accelerated to ensure the best possible policing services to the people of Ireland. To support An Garda Síochána in addressing the concerns highlighted by the Authority a structured process of engagement is in place between my Department and An Garda Síochána to identify and agree corrective actions. This engagement includes formal monthly meetings at senior official level with the responsible Deputy Commissioner, the Chief Administrative Officer and the recently appointed Executive Director of Strategy and Transformation of An Garda Síochána.

The progress report highlights the critical importance of the Policing Authority's role in delivering the full implementation of the reform agenda. It brings a capacity to engage intensively with An Garda Síochána and maintain a sustained focus on what is actually being done and what is being achieved on the ground. Its reports reflect this rigorous approach and provide a very solid basis for engagement between my Department and An Garda Síochána in relation to the programme.

I am confident that the reform plan that is being pursued by An Garda Síochána, supported by the Government and overseen by the Policing Authority, has the capacity to achieve this.  It will not be done overnight but as I have made clear, the implementation of the ambitious reform programme must continue and, indeed, must move at a greater pace, to ensure the best possible policing services to the people of Ireland.

Work Permits Applications

Ceisteanna (161)

Bernard Durkan

Ceist:

161. Deputy Bernard J. Durkan asked the Minister for Business, Enterprise and Innovation the progress to date in determination of a work permit application by a person (details supplied); and if she will make a statement on the matter. [52169/17]

Amharc ar fhreagra

Freagraí scríofa

The General Employment Permit application in respect of the named individual was received in the Employment Permits Section and was placed in the processing queue on the 20th November 2017.

Applications are processed strictly in date order and the Section is currently processing Standard Employer applications received during the week beginning the 25th October 2017 so we expect a decision to be made in relation to this application in the next five weeks.

Applicants can keep track of our current processing dates at

https://www.dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Current-Application-Processing-Dates/.

They can also check the progress of their specific application online at

https://www.dbei.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Employment-Permit-Status-Form/.

Departmental Expenditure

Ceisteanna (162)

Fergus O'Dowd

Ceist:

162. Deputy Fergus O'Dowd asked the Minister for Business, Enterprise and Innovation the expenditure by her Department by heading (details supplied) in each of the years since June 1997 to January 2011, in tabular form; and the miscellaneous expenditure not relating to set Department budgets pertaining to the headings. [52215/17]

Amharc ar fhreagra

Freagraí scríofa

It is not possible to provide accurate financial information in the format requested by the Deputy for the period June 1997 to January 2011 as the Programme Budgeting Model does not allow for the retrieval of such data prior to its introduction in 2012.

Details of expenditure incurred by my Department in respect of advertising, public relations, and consultancy are, however, available for years going back to 1997 as such details were provided in response to Parliamentary Questions in recent years. The Parliamentary Questions concerned are:

Parliamentary Question Ref No 30213/07 of 21 November, 2007

“To ask the Minister for Enterprise, Trade and Employment the amount his Department spent on advertising and promotional campaigns in each year since 2002; and the amount that was spent on television, radio, print media and internet media in tabular readable form.”

Parliamentary Question Ref No 33552/07 of 11 December, 2007

“To ask the Minister for Enterprise, Trade and Employment the number, cost and name of any media consultants employed by his Department; the cost of such advice for each year since 1997 to date in 2007; the nature of the work done; and if he will make a statement on the matter.”

Parliamentary Question Ref No 28383/08 of 10 July, 2008

“To ask the Tánaiste and Minister for Enterprise, Trade and Employment the expenditure by her Department on consultants for each of the past six calendar years, including to date in 2008; the breakdown of these figures in order to show the amount and proportion of expenditure on consultants which relates to expenditure on public relations, marketing or advertising consultants; and if she will make a statement on the matter.”

Parliamentary Question Ref No 42582/08 of 25 November, 2008

“To ask the Tánaiste and Minister for Enterprise, Trade and Employment the amount of expenditure on consultancy by her Department in 2006 and 2007; the numbers of consultants engaged by her Department in those years; the names of the consultancy companies awarded contracts; the steps which have been taken to reduce the expenditure on consultancy and the reliance on consultants by her Department in these years and for the future; and if she will make a statement on the matter.”

Parliamentary Questions Ref No 40182/11 of 14 December, 2011

“To ask the Minister for Jobs, Enterprise and Innovation the amount of money spent by him on public relations companies each year since 2006.”

Parliamentary Questions Ref No 40198/11 of 14 December, 2011

“To ask the Minister for Jobs, Enterprise and Innovation the amount of money spent by him on advertising with international, national and local media for each year since 2006."

Ministerial Travel

Ceisteanna (163)

Niall Collins

Ceist:

163. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation further to Parliamentary Question No. 50 of 16 November 2017, if the details requested have been compiled; and when this information will be available in tabular form. [52283/17]

Amharc ar fhreagra

Freagraí scríofa

Details of monthly expenses incurred by Ministers in my Department are published on my Department's website at the following address:

https://dbei.gov.ie/en/Who-We-Are/Ministers/Ministers-Expenses/

All expenses in the period to April 2017 have now been published. Details of expenses incurred in more recent months are currently being collated and are being published as they become available.

Company Law

Ceisteanna (164)

Niall Collins

Ceist:

164. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation her views on whether the Companies (Statutory Audits) Bill 2017 is proportionate on small and micro sized businesses (details supplied). [52284/17]

Amharc ar fhreagra

Freagraí scríofa

Prior to the Companies Act 2014, a company could apply only to the High Court for an extension of time to file its annual return.  Where such an Order was given for an extension of the time, the company did not lose its audit exemption.  Separately, a company could apply to the Registrar of Companies for its late filing fees to be waived but it lost the audit exemption as it was still late filing its annual return.

The Companies Act 2014 introduced the option, under section 343(7), for a company to also apply to the District Court for the extension of time to file its annual return and, if obtained, it retained its audit exemption.

Section 343(7) was commenced on 1 June 2015 and since then concerns have arisen regarding its impact on timely filing of annual returns and financial statements by companies which is an important transparency measure and safeguard for third parties such as suppliers, employees and other creditors. The number of Orders granted by the District Court in the course of 2016 was more than double the number of waivers granted by the Registrar in 2014 under the previous scheme.

Section 9 of the Companies (Statutory Audits) Bill 2017 repeals section 343(7) of the Companies Act 2014.  A new section 343A provides that a company may apply to the District Court for an Order waiving the fee required for the late filing of its annual return. This is similar to the position that obtained before the enactment of the Companies Act 2014, whereby a company could apply to the Registrar but that decision now falls within the remit of the District Court.

The loss of audit exemption where an annual return is not filed on time was introduced as a policy response for such failure in the Companies (Auditing and Accounting) Act 2003. Compliance with filing deadlines were at 13% before that time.  Today the compliance level is at 90%, a dramatic increase that is associated with the introduction of the loss of audit exemption.  It has proved central to creating a culture of compliance and acting as a support to good corporate governance practices. 

Companies have a considerable period of time, up to 10 months, to prepare and file their financial statements. The vast majority of companies manage to file within this timeframe.  Any further delay risks making that information less meaningful to the third parties concerned.

This is an important consideration as those third parties may also be small companies that supply or otherwise do business with that company.  Given the time allowed to companies to prepare their financial statements, the fact that the financial reporting obligation has been simplified and reduced in the Companies (Accounting) Act 2017 and that this Act also made more companies eligible for the audit exemption, I consider that proposals in the Companies (Statutory Audits) Bill 2017 to be a proportionate measure to protect the interests of users of company financial statements.

Speech and Language Therapy Provision

Ceisteanna (165)

Bernard Durkan

Ceist:

165. Deputy Bernard J. Durkan asked the Minister for Health the extent to which speech and language therapy continues to be available to pupils with a specific requirement in north County Kildare; and if he will make a statement on the matter. [52313/17]

Amharc ar fhreagra

Freagraí scríofa

As this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.

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