Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 12 Dec 2017

Written Answers Nos. 228-248

Prisoners Treatment

Ceisteanna (228)

Jack Chambers

Ceist:

228. Deputy Jack Chambers asked the Minister for Justice and Equality the timeframe for the implementation of therapeutic communities in the prison system; if his statement in this regard will be clarified further to his response to Parliamentary Question No. 253 of 5 December 2017 (details supplied); and if he will make a statement on the matter. [53045/17]

Amharc ar fhreagra

Freagraí scríofa

The Irish Prison Service has advised that the introduction of a Therapeutic Community treatment model within the Irish Prison Service is a new and innovative model of addiction support within the IPS. In order to achieve the best results and optimum outcomes, it is imperative to review the international evidence, and develop an acceptable plan which is true to the values and principles of the Therapeutic Community Approach, balanced with the needs of the Irish Prison Service and statutory expectations therein.

The Irish Prison Service is committed to progressing this initiative in 2018 through a competitive tendering process . To progress the project to tender stage is likely to take 6-9 months.

Customs and Excise Protocols

Ceisteanna (229)

Fergus O'Dowd

Ceist:

229. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if he will examine correspondence (details supplied) brought to the attention of his Department regarding a customs matter; and if he will make a statement on the matter. [53077/17]

Amharc ar fhreagra

Freagraí scríofa

My Department has been in contact with the person in question to inform them that the matters raised do not fall within the responsibility of the Department of Justice and Equality.  These matters are more appropriate for Customs officials in the Office of the Revenue Commissioners and a copy of the correspondence has been sent to that Office for their attention and consideration. 

I am advised by the Office of the Revenue Commissioners that the matters raised in the correspondence are receiving attention and they will be in direct contact with the person in question in due course.  

To be of assistance , a copy has also been sent to the Garda authorities. 

Drugs Crime

Ceisteanna (230)

Aindrias Moynihan

Ceist:

230. Deputy Aindrias Moynihan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 45 of 23 May 2017 and 286 of 27 June 2017, when the statistics requested will be made available; the reason for the delay; and if he will make a statement on the matter. [53120/17]

Amharc ar fhreagra

Freagraí scríofa

Further to my recent correspondence, I am informed by the Garda authorities that, as of 30 November 2017, a total of 371 Garda personnel from the Garda Divisions of Cork City, Cork North and Cork West have received training in testing for the presence of drugs when a vehicle / driver has been stopped at a Mandatory Intoxicant Testing checkpoint or on suspicion of driving under the influence of an intoxicant. 

I am further informed that, in the period April 2017 to 30 November, a total of 74 drug driving tests have been administered in the three Cork divisions, of which 12 produced positive results. 

As the Deputy is aware, the oral fluid test is only one of the options open to members of An Garda Síochána in respect of the detection of drug driving offences. Members of An Garda Síochána may form the opinion that a driver is under the influence of an intoxicant from their observation of the person's driving or the behaviour and appearance of the person when stopped.

In addition, the power to conduct an impairment test is provided under Section 11 of the Road Traffic Act, 2010, as amended, which permits members of An Garda Síochána to require a driver to perform a number of tests in order for the member to establish if the driver is committing an offence. These provisions have been further extended by the Road Traffic Act, 2016, which permits members of An Garda Síochána to perform an impairment test following arrest in respect of certain road traffic offences. As of 30 November 2017, 2,501 members of An Garda Síochána nationwide have received training in conducting impairment testing.

Disabilities Data

Ceisteanna (231)

John Brady

Ceist:

231. Deputy John Brady asked the Minister for Justice and Equality the percentage of persons with disabilities in public service employment in view of the commitment made in the comprehensive employment strategy for persons with disabilities. [53122/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, public bodies are expected to achieve a statutory target of 3% for the number of staff employed with disabilities under Part 5 of the Disability Act 2005.

Implementation of Part 5 of the Act is monitored on an ongoing basis by the National Disability Authority. The Authority reports each year on progress made towards the statutory target for employment in the public sector. 

The Authority's most recently published report shows that at the end of 2015, 3.6% of staff employed in public sector bodies were people with disabilities.  This is an increase from 3.5% in 2014 and is the fourth successive year of exceeding the 3% target.

The provisions under Part 5 of the Act are strengthened in the context of the Comprehensive Employment Strategy for People with Disabilities.

The Strategy sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to, work are supported and enabled to do so.  It is a cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities.

One of the key priorities in the Strategy is to increase the statutory target from 3% to 6% on a phased basis by January 2024.  I can inform the Deputy that Department of Justice and Equality officials are preparing legislation to amend the 2005 Act to provide for this increased statutory target.  It is my intention that these provisions will be included in the Disability (Miscellaneous Provisions) Bill 2016 during its passage through the Oireachtas.  

Pension Provisions

Ceisteanna (232)

Willie Penrose

Ceist:

232. Deputy Willie Penrose asked the Minister for Justice and Equality the steps he will take to end the discrimination in eligibility for pensions in respect of the 19 surviving ex-members of An Garda Síochána who resigned or left the force from 1 October 1976, having served at least five years; if they can be treated in the same way as those that returned post-1976, in terms of their pension entitlements; and if he will make a statement on the matter. [53141/17]

Amharc ar fhreagra

Freagraí scríofa

Prior to 1 October 1976, where a member of An Garda Síochána resigned or was dismissed before reaching the age and service at which he could retire on pension, that member forfeited all superannuation benefits under the then Garda Síochána Superannuation Scheme. This situation was changed following discussions at the Garda Conciliation Council, the industrial relations machinery for members of An Garda Síochána. It was agreed at that time by both sides, the official side and the Garda representative associations, and endorsed by the then Minister for Finance, that the new arrangements should apply to members of An Garda Síochána serving on, or after, 1 October 1976. By extension these new terms did not and cannot apply to members who had left An Garda Síochána prior to that date. Generally speaking, these Agreed Reports provide that a Garda who resigned or was dismissed on or after 1 October 1976 can have superannuation benefits accrued to the date of resignation or dismissal, preserved until the member reached 60 years of age. 

The then Department of Finance, and now Department of Public Expenditure and Reform (DPER), which continues to have overall responsibility for public service pension matters, agreed with the proposals for a cut-off date for eligibility for preserved benefits.

Similar arrangements have also been introduced in pension schemes across the public sector with varying ‘cut-off’ dates depending on the particular organisation involved and the conclusion of negotiations between management and the relevant staff interests.

I must stress that this was an agreed date between all of the parties involved in the discussions and was not imposed. It is an inevitable consequence of the introduction of improvements in pension schemes that members of that scheme who had left it prior to the effective date cannot avail of that benefit.

My Department has consulted the Department of Public Expenditure and Reform and has been advised that the position remains that it is not possible to resolve a case individually on an administrative basis and provide an individual with preserved benefits without changing the terms of the scheme retrospectively. Such amendment would, in equity, have to cover all public servants who resigned prior to the effective date applicable to their schemes.  That Department has further stated that changing the various schemes to change the cut-off date is not a practicable proposition. 

Good Friday Agreement

Ceisteanna (233)

David Cullinane

Ceist:

233. Deputy David Cullinane asked the Minister for Business, Enterprise and Innovation the trade matters contained within the Good Friday Agreement; and if she will make a statement on the matter. [52686/17]

Amharc ar fhreagra

Freagraí scríofa

The Good Friday Agreement of 1998 provided for the establishment of several implementation bodies, including a 'Trade and Business Body'.  The British Irish Agreement Act 1999 and the equivalent UK legislation provided the statutory basis for the establishment of this body, known as InterTrade Ireland.

Since its establishment, InterTrade Ireland - which is co-funded by my Department and the Northern Ireland Department for the Economy - has implemented a range of initiatives and programmes to help businesses develop and enhance cross-border trade.  The Body has also notably been active, since the EU-UK referendum in June 2016, in assisting companies in both jurisdictions prepare for the commercial challenges that Brexit may present.  

Trade Union Recognition

Ceisteanna (234)

Mick Barry

Ceist:

234. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation if she will raise with a company (details supplied) which is engaged by the HSE on State contracts the reason it does not recognise a union which represents its staff in view of the fact that it recognises a union in Northern Ireland; and if she will make a statement on the matter. [53235/17]

Amharc ar fhreagra

Freagraí scríofa

I thank the Deputy for bringing this matter to attention but should point out that under Irish law there is no requirement for an employer to recognise trade unions for the purpose of collective bargaining.

Article 40 of the Irish Constitution guarantees the right of citizens to form associations and unions. It has been established in a number of legal cases that the constitutional guarantee of the freedom of association does not guarantee workers the right to have their union recognised for the purpose of collective bargaining. 

I can assure the Deputy however that it has been the consistent policy of successive Irish Governments to promote collective bargaining through the laws of this country and through the development of an institutional framework supportive of a voluntary system of industrial relations that is premised upon freedom of contract and freedom of association.  There is an extensive range of statutory provisions designed to back up the voluntary bargaining process. 

The Industrial Relations (Amendment) Act 2015 which came into effect in August 2015 provides an improved framework in this area for employees’ right to engage in collective bargaining. The 2015 Act provides a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take place.

The Act ensures that such workers, aided by a trade union, can advance claims about remuneration and conditions of employment and have these determined by the Labour Court based on comparisons with similar companies. It provides definitions of key terms as well as guidelines to help the Labour Court identify if internal bargaining bodies are genuinely independent of their employer, and policies and principles for the Labour Court to follow when assessing the comparability of the remuneration and conditions in dispute.

I trust that this information is helpful to the Deputy.

Land Ownership

Ceisteanna (235)

John McGuinness

Ceist:

235. Deputy John McGuinness asked the Minister for Business, Enterprise and Innovation the process by which land at a location (details supplied) was advertised and sold; and if she will make a statement on the matter. [52633/17]

Amharc ar fhreagra

Freagraí scríofa

I understand that the land to which the Deputy refers is currently under negotiation between IDA Ireland and an interested party that would use the property for industrial activity. The proposed sale of the property is entirely in line with the Agency's statutory obligations.

Trade Agreements

Ceisteanna (236)

Charlie McConalogue

Ceist:

236. Deputy Charlie McConalogue asked the Minister for Business, Enterprise and Innovation if she will be supporting a final agreement with Mercosur countries in which beef is a component. [52780/17]

Amharc ar fhreagra

Freagraí scríofa

An EU-Mercosur Free Trade Agreement (FTA) would be the EU’s largest trade deal to date, and is four times the size of the trade agreement with Japan. It aims to eliminate trade tariffs between the EU and the Mercosur region.  Irish exporters are currently subject to trade tariffs, barriers and restrictions when exporting to Mercosur, while imports from Mercosur, particularly in Agriculture, are currently subject to high tariffs. The proposed FTA should make exports from Ireland more attractive and potentially increase demand for Irish products.

Within the region, Brazil is Ireland’s main trading partner with total exports from Ireland of €715 million and total imports of €634 million in 2014.  Brazil has been highlighted as a ‘High Growth Market’ in the Enterprise Ireland Plan 2016, with Enterprise Ireland client companies’ export value increasing by 84% from 2012 to 2014. In 2014, Ireland exported in excess of €950 million to Mercosur countries, with services representing approximately 60% of the total exports and Chemicals accounting for 49% of Irish exports to Mercosur. 132 Enterprise Ireland client companies exported to Mercosur in 2014.  Year on year growth of exports to the region from 2013-2014 increased by 25%.

On the other hand, Ireland has strong concerns in relation to agriculture, especially the impact that these negotiations present to the EU beef sector. While all Free Trade Agreements include agriculture tariffs, agricultural market access and TRQs (Tariff Rate Quotas), TRQs provided under such agreements are not always fully utilised by our trading partners. Equally, most Member States tend to have sensitivities in relation to certain goods or services to be comprehended under an FTA.

Ireland has continued to highlight the cumulative impact of agricultural market access in relation to all trade agreements. We have done this through engagement with the Trade Policy Committee in Brussels, as well as joining with other Member States in formally writing to the Commission outlining our concerns.  Both my predecessor as Minister and my colleague Minister Creed have also raised the matter in various fora.

Overall, Ireland remains fully committed to this negotiation, especially in view of the important economic and political gains expected for both sides from a comprehensive, ambitious and balanced EU-Mercosur Association Agreement. However, any TRQ offered must be structured - in terms of its size, composition and the application of in-quota tariff rates - in a way that mitigates the potential impact of a Mercosur deal on the EU beef sector.

As negotiations are ongoing, it remains unclear what the final outcome will be, although it must be acknowledged that for the Mercosur countries offers on EU agricultural produce are essential to securing any deal.  In that regard, a further round of high-level talks is taking place the week beginning the 12th December and negotiations are led by the EU Commission on behalf of Member States.

Jobs Data

Ceisteanna (237)

Niall Collins

Ceist:

237. Deputy Niall Collins asked the Minister for Business, Enterprise and Innovation the national and regional job targets under the programme for Government and Enterprise 2025 in each of the years 2016 to 2020; the latest quarterly national household survey data of the most recent rent figures for these targets in each region; the job targets up to 2020 on an annual basis, by region, in tabular form; and if she will make a statement on the matter. [52785/17]

Amharc ar fhreagra

Freagraí scríofa

The goal under the 2016 Programme for a Partnership Government was to deliver an extra 200,000 jobs by 2020, of which 135,000 will be outside of Dublin. With a strong focus on job creation and retention, the annual Action Plans for Jobs provide a framework to achieve this objective.

Between June 2015 and January 2016, my Department published eight Regional Action Plans for Jobs, aimed at raising employment levels in the regions and facilitating them to achieve their economic potential. A key objective of each of the plans is to have a further 10 to 15 per cent at work in each region by 2020, with the unemployment rate of each region within one percentage point of the national average. Each plan contains a series of actions with timelines for delivery between 2015-2017, through improved collaboration between enterprise agencies and other stakeholders supporting enterprise development in the regions. The targets and achievements to date in terms of job creation are provided in the table.

The Regional Action Plans for Jobs are supported by a Regional Enterprise Fund (2017-2020) of up to €60 million, which was launched to drive enterprise development and job creation in the regions. This funding has been provided by my Department, through Enterprise Ireland. I announced the result of the first call in Mullingar on the 11/12/2017. Twenty-one successful applicants representing all regions of the country have secured up to €30.5m for their projects. Over €14m has been approved for projects in the southern region, over €11m for projects in the eastern and midlands region and over €5m has been approved for the northern and western region, subject to grant conditions.

My Department has also granted €150 million over five years to the IDA regional property programme, which invests in property solutions outside Dublin.

Region

Regional targets 2015-2020

Q1 2015

Q2 2017

Change in employment level

North East/North West

28.0

190.7

196.7

6.0

Midlands

14.0

114.0

122.4

8.4

West

25.0

177.0

187.9

10.9

Dublin

66.0

584.9

627.0

42.1

Mid-East

25.0

234.6

247.4

12.8

Mid-West

23.0

148.6

161.9

13.3

South-East

25.0

201.9

214.9

13.0

South-West

40.0

277.8

304.7

26.9

State

246.0

1,929.5

2,063.00

133.5

Manufacturing Sector

Ceisteanna (238)

Joan Burton

Ceist:

238. Deputy Joan Burton asked the Minister for Business, Enterprise and Innovation if there have been inquiries from prospective investors regarding a replacement manufacturing industry for a site (details supplied) in County Kildare; the way in which IDA Ireland is actively promoting the site to existing customers and potential investors; and if she will make a statement on the matter. [53019/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed that the HP site is not in IDA Ireland ownership. I understand, from the IDA, the property was placed on the open market in July 2017 and that HP has engaged agents to handle its sale.

However, the IDA is engaging closely with HP about the facility and the Agency is aware of contact between prospective buyers and the company. The IDA will continue to draw the attention of both existing and potential clients - whether in Ireland or overseas - to the availability of the property.

IDA Ireland Data

Ceisteanna (239, 240)

Maurice Quinlivan

Ceist:

239. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the amount of grant aid awarded by IDA Ireland in each of the years 2013 to 2016, inclusive, and to date in 2017. [53096/17]

Amharc ar fhreagra

Maurice Quinlivan

Ceist:

240. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation the level of grant aid awarded to companies by IDA Ireland in 2016 and to date in 2017, by county, in tabular form. [53097/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 239 and 240 together.

The table provides a breakdown of grants paid by IDA Ireland to its client companies between 2013 and 2016. The figure provided for Dublin includes payments to the National Institute for Bioprocessing Research and Training. Details of grants paid in 2017 will be available early next year.

It is important to note that grants paid in a particular year are not necessarily linked to either the investments won or the jobs created in that 12-month period. Grants are generally drawn down over the lifetime of a project which is normally over a period of three to five years. Some investments which result in job creation may not be grant aided and some well-established firms may no longer be receiving grant payments.

County

2013

2014

2015

2016

Carlow

€5,093,152

€72,000

€2,027,393

€1,080,631

Cavan

€0

€0

€120,622

€418,271

Clare

€0

€3,172,202

€4,463,951

€3,023,557

Cork

€12,380,130

€18,353,580

€13,260,876

€13,220,973

Donegal

€3,071,490

€1,889,800

€1,697,150

€685,500

Dublin

€24,803,491

€19,952,938

€19,826,741

€20,136,706

Galway

€17,277,141

€8,422,227

€18,357,383

€13,611,022

Kerry

€584,145

€16,800

€3,220,609

€1,024,766

Kildare

€4,690,248

€728,457

€5,798,570

€3,573,544

Kilkenny

€0

€0

€350,000

€440,000

Laois

€0

€25,000

€75,000

€5,000

Leitrim

€0

€0

€0

€0

Limerick

€4,434,483

€15,374,032

€10,596,531

€13,589,484

Longford

€0

€0

€397,750

€169,542

Louth

€2,935,800

€3,672,307

€993,000

€3,031,765

Mayo

€4,180,577

€6,376,253

€2,406,422

€1,498,389

Meath

€1,540,920

€0

€300,000

€0

Monaghan

€0

€58,022

€200,000

€200,000

Offaly

€150,042

€324,662

€120,000

€355,540

Roscommon

€110,000

€0

€733,000

€0

Sligo

€796,831

€750,892

€4,229,218

€922,814

Tipperary

€2,729,055

€3,654,309

€2,939,811

€2,580,100

Waterford

€1,938,976

€1,867,329

€1,341,864

€10,914,081

Westmeath

€272,624

€1,948,923

€2,513,508

€1,768,687

Wexford

€934,569

€783,794

€1,534,136

€568,307

Wicklow

€27,623

€43,738

€234,048

€159,372

TOTAL

€87,951,297

€87,487,265

€97,737,583

€92,978,051

Office of the Director of Corporate Enforcement Reports

Ceisteanna (241)

Maurice Quinlivan

Ceist:

241. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation further to Parliamentary Question No. 124 of 21 November 2017, the specific powers she lacks or the legal obstacle preventing the publishing of the report received from the Office of the Director of Corporate Enforcement in regard to an investigation (details supplied); and her plans to introduce changes to ensure she has the ability to publish future reports. [53207/17]

Amharc ar fhreagra

Freagraí scríofa

The Section 955(1)(a) Report from the Director of Corporate Enforcement has been the subject of detailed consultation with the Office of the Attorney General.

On the advice received from the Attorney General, I do not have a legal power to publish statutory reports prepared pursuant to section 955 of the Companies Act, 2014.

The Companies Act 2014 contains strict confidentiality obligations on information in the possession of the Director. Section 956 provides that no person shall disclose information obtained by the Director in performing the function of the Director, unless in accordance with law. Breaches of confidentiality under the Act are treated as category 2 offences, with maximum penalties of 5 years of imprisonment and/or a fine of €50,000.

There is a public interest policy underlining the absence of an express power to publish material used in criminal investigations. The publication of confidential investigative material could have the undesirable effect of damaging any ongoing or future investigations.

I am conscious, however, that the shortcomings identified by Judge Aylmer in his ruling in the case of DPP v Sean Fitzpatrick have been the subject of significant concern. It is important to understand what factors led to such mistakes being made and we must take appropriate steps to address these shortcomings and ensure that they are never repeated.

In view of this, while I cannot publish the Report itself, I intend to publish, as soon as possible, an account of the investigative failures identified by Judge Aylmer and the steps that are being taken to address them. These include ongoing reform within the ODCE and the establishment, as announced by Government in November, of the Office of the Director of Corporate Enforcement as a new independent company law enforcement agency, to provide greater autonomy to the agency and ensure it is better equipped to investigate increasingly complex breaches of company law. Work on the drafting of the necessary General Scheme of a Bill to give effect to this decision has commenced.

Office of the Director of Corporate Enforcement Reports

Ceisteanna (242)

Maurice Quinlivan

Ceist:

242. Deputy Maurice Quinlivan asked the Minister for Business, Enterprise and Innovation further to Parliamentary Question No. 124 of 21 November 2017, when she will publish the account of the investigative failures identified by a person (details supplied); and the steps being taken to address them. [53208/17]

Amharc ar fhreagra

Freagraí scríofa

The Section 955(1)(a) Report from the Director of Corporate Enforcement has been the subject of detailed consultation with the Office of the Attorney General. 

On the advice received from the Attorney General, I do not have a legal power to publish statutory reports prepared pursuant to section 955 of the Companies Act, 2014. 

The Companies Act 2014 contains strict confidentiality obligations on information in the possession of the Director. Section 956 provides that no person shall disclose information obtained by the Director in performing the function of the Director, unless in accordance with law.  Breaches of confidentiality under the Act are treated as category 2 offences, with maximum penalties of 5 years of imprisonment and/or a fine of €50,000.

There is a public interest policy underlining the absence of an express power to publish material used in criminal investigations. The publication of confidential investigative material could have the undesirable effect of damaging any ongoing or future investigations.

I am conscious, however, that the shortcomings identified by Judge Aylmer in his ruling in the case of DPP v Sean Fitzpatrick have been the subject of significant concern.  It is important to understand what factors led to such mistakes being made and we must take appropriate steps to address these shortcomings and ensure that they are never repeated.

In view of this, while I cannot publish the Report itself, I intend to publish, as soon as possible, an account of the investigative failures identified by Judge Aylmer and the steps that are being taken to address them.  These include ongoing reform within the ODCE and the establishment, as announced by Government in November, of the Office of the Director of Corporate Enforcement as a new independent company law enforcement agency, to provide greater autonomy to the agency and ensure it is better equipped to investigate increasingly complex breaches of company law.  Work on the drafting of the necessary General Scheme of a Bill to give effect to this decision has commenced.

Trade Agreements

Ceisteanna (243)

Catherine Connolly

Ceist:

243. Deputy Catherine Connolly asked the Minister for Business, Enterprise and Innovation the position regarding the EU-Mercosur deal; if same is being deferred pending the human rights impact assessment being part of the sustainable impact assessment expected in 2018; and if she will make a statement on the matter. [53218/17]

Amharc ar fhreagra

Freagraí scríofa

The European Commission acts as lead negotiator on behalf of the EU Member States in Trade negotiations. The EU follows closely the situation of indigenous peoples' rights in Brazil. There are regular contacts with indigenous peoples' representatives, civil society, and Brazilian authorities.

Indigenous peoples' rights are addressed in the context of the EU-Brazil High Level Dialogue on Human Rights. During his visits to Brazil, the EU Special Representative for Human Rights regularly meets representatives of indigenous peoples. The next dialogue on human rights will take place in Brussels.

The EU implements several projects in support of indigenous peoples in Brazil for a total of EUR 2.5 million. The EU Delegation and Member States Embassies organise regular visits to different regions of Brazil to get first-hand information on the situation of indigenous groups' rights. The last visit to Mato Grosso do Sul was in April 2016.

In the context of the EU's negotiations with Mercosur, the European Commission has launched a sustainability impact assessment which will, inter alia, look at the potential impacts of the EU-Mercosur Free Trade Agreement on human rights, in line with the Commission's Trade for All Communication and the Guidelines on the analysis of human rights impact in impact assessments of trade-related policy initiatives. Land-related conflicts and indigenous people's rights will feature prominently amongst the human rights analysed. The EU will continue to support the indigenous peoples' rights in Brazil using all the available instruments in its bilateral relations with Brazil, as well as in the context of the EU-Mercosur negotiations for an association agreement.

There are no plans to defer the Trade agreement based on the sustainability impact assessment. Ireland supports the EU efforts in monitoring the situation on human rights. Overall, Ireland remains fully committed to this negotiation, especially in view of the important economic and political gains expected for both sides from a comprehensive, ambitious and balanced EU-Mercosur Association Agreement.

Trade Agreements

Ceisteanna (244, 245)

Catherine Connolly

Ceist:

244. Deputy Catherine Connolly asked the Minister for Business, Enterprise and Innovation if she has satisfied herself that the EU-Mercosur deal adequately addresses climate change; if so, the basis for that satisfaction; the extent to which climate change has been incorporated in each chapter of the EU-Mercosur deal; and if she will make a statement on the matter. [53219/17]

Amharc ar fhreagra

Catherine Connolly

Ceist:

245. Deputy Catherine Connolly asked the Minister for Business, Enterprise and Innovation the extent to which the precautionary principle enshrined in EU law as a cornerstone of its environmental policy has been incorporated in each chapter of the EU-Mercosur deal; and if she will make a statement on the matter. [53220/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 244 and 245 together.

The EU is currently negotiating a trade agreement with the four founding members of Mercosur (Argentina, Brazil, Paraguay, and Uruguay). A further round of high-level talks on the EU-Mercosur FTA took place from 29 November to 8 December 2017. The European Commission acts as lead negotiator on behalf of the EU Member States in Trade negotiations.

An EU-Mercosur FTA would be the EU’s largest trade deal to date, and would be four times the size of the EU-Japan Economic Partnership Agreement, which was recently concluded. An EU-Mercosur trade agreement aims to eliminate trade tariffs between the EU and the Mercosur region. Irish exporters are currently subject to trade tariffs, barriers and restrictions when exporting to Mercosur, while imports from Mercosur, particularly in agriculture, are currently subject to high tariffs. The proposed FTA should make exports from Ireland more attractive and potentially increase demand for Irish products.

EU law requires all relevant EU policies, including trade policy, to promote sustainable development. Sustainable development has three pillars: economic, environmental and social. The EU Mercosur FTA has a defined section on sustainable development which includes climate change. A Sustainability Impact Assessment being carried out on the EU Mercosur FTA will also have a designated section on climate change as part of its environmental analysis.

The precautionary principle is enshrined in the EU treaties and all EU trade agreements must respect those treaties. The EU ensures that all its trade agreements fully respect the right to regulate on the basis of the precautionary principle. Trade agreements must also uphold existing EU food safety regulations and other 'secondary legislation' which includes the precautionary principle.

Overall, Ireland remains fully committed to this negotiation, especially in view of the important economic and political gains expected for both sides from a comprehensive, ambitious and balanced EU-Mercosur Association Agreement that will be good for a range of Irish exporting companies and jobs. However, we also have to be mindful of the cumulative impact of EU FTAs on specific sectors, such as agriculture, and the challenges which they face if having to respond to competition on multiple fronts in a comparatively short space of time.

Disability Services Provision

Ceisteanna (246)

Clare Daly

Ceist:

246. Deputy Clare Daly asked the Minister for Health when funding that an organisation (details supplied) has been requesting for the past five years to source new buildings and upgrade current buildings will be released; and if he will make a statement on the matter. [52869/17]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

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

Disability Support Services Provision

Ceisteanna (247)

Clare Daly

Ceist:

247. Deputy Clare Daly asked the Minister for Health if his Department will provide funding for transport for persons attending a service (details supplied) who are unable to use public transport. [52870/17]

Amharc ar fhreagra

Freagraí scríofa

The Government is committed to providing services and supports for people with disabilities which will empower them to live independent lives, provide greater independence in accessing the services they choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives. This commitment is outlined in the Programme for Partnership Government, which is guided by two principles: equality of opportunity and improving the quality of life for people with disabilities.

The provision of transport to adults with a disability attending HSE-funded day services is not a core health service, and the HSE endeavours to ensure that all service users access public transport, including rural transport services, if possible. This is in keeping with the principle of mainstreaming with a clear focus on ensuring persons with a disability have access to the normal range of services and participate in community life as far as possible. In general, day service users are in receipt of disability allowance and are automatically entitled to the Free Travel Pass, so there should be no additional cost burden at an individual level.

However when all other options are exhausted, and a person cannot avail of a day service because they do not have transport to attend, some transport is provided by disability service providers on a case by case basis as resources allow. Service providers are continuously reviewing their transport arrangements to ensure that they are used as effectively and equitably as possible within available resources. This may result in the provision of a reduced quantum of service to the service user, and the HSE does its best to provide transport in certain cases without reducing services. Service providers continue to keep the matter of transport under review.

The HSE has committed to establishing a high level cross divisional working group to rationalise the provision of transport and to maximise equitable access and efficiencies. The HSE also intends to liaise with the National Transport Authority and disability service providers to explore ways in which the Authority’s services could assist people with disabilities. The National Transport Authority has a total of 17 Transport co-ordinating units called Local Link which provide safe secure and reliable Public Transport services in local and rural areas of Ireland through a combination of scheduled Public Transport services and door to door services. The HSE plans to explore the opportunities these units may provide to people with disabilities to access day services and participate in the social, educational and economic life of their local communities.

As the remainder of the Deputy's relates to an individual case, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply to the Deputy.

Departmental Correspondence

Ceisteanna (248, 360)

Micheál Martin

Ceist:

248. Deputy Micheál Martin asked the Minister for Health if he has received correspondence from a person (details supplied); if so, if his Department or an agency under the remit of his Department is taking action on foot of this correspondence; and if he will make a statement on the matter. [53200/17]

Amharc ar fhreagra

Micheál Martin

Ceist:

360. Deputy Micheál Martin asked the Minister for Health if he has received correspondence from a person (details supplied); if he or an agency under the remit of his Department is taking action on foot of this correspondence; and if he will make a statement on the matter. [53153/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 248 and 360 together.

I, my Department, and an agency under the remit of my Department have received correspondence from the person concerned and have been copied in on related correspondence submitted to other Departments and agencies. My Department and an agency under the remit of my Department are taking action on foot of the correspondence received.

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