Fiona O'Loughlin
Ceist:104. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence the number of persons that applied for the role as Ombudsman for Defence; and if he will make a statement on the matter. [6508/18]
Amharc ar fhreagraDefence Forces Ombudsman Appointment
Ceisteanna (104, 105, 106, 107)
Fiona O'Loughlin
Ceist:105. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence the number of persons that were short-listed for interview for the role as Ombudsman for Defence by gender. [6509/18]
Amharc ar fhreagraFiona O'Loughlin
Ceist:106. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence the criteria used for short-listing for the role as Ombudsman for Defence; and if he will make a statement on the matter. [6510/18]
Amharc ar fhreagraFiona O'Loughlin
Ceist:107. Deputy Fiona O'Loughlin asked the Taoiseach and Minister for Defence the reason the original closing date for applications for the role as Ombudsman for Defence was extended by a week; and if he will make a statement on the matter. [6511/18]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 104 to 107, inclusive, together.
The process of appointment of the Ombudsman for the Defence Forces is being conducted by the Public Appointments Service which is an independent recruitment and selection service. As my Department has no involvement in the selection process, information for reply to the Deputy's questions was obtained from the Public Appointments Service as follows:
|
Male |
Female |
Total |
|
|
No. Applicants |
23 |
11 |
34 |
|
No. Short-listed |
6 |
4 |
10 |
The Public Appointments Service has also advised it is standard procedure and consistent with good recruitment practice, to adopt criteria based on the job description and the personal requirements of the post for the purpose of assessment. In this case, the following criteria were used in line with the requirements advertised in the campaign Information Booklet:
Senior Leadership/Management experience: Experience which demonstrates leadership, managerial and organisational abilities at senior level, the capacity for innovative thinking, budget and resource management and the ability to operate strategically.
Judgement: Track record of experience which demonstrates sound judgement, analytical and decision making skills.
Specialist Experience: Relevant experience in carrying out investigations and responding to complaints.
Finally, the extension of the original closing date for applications for the role of Ombudsman for the Defence Forces related to a delay in placing an advert on the website Ombudsmanassociation.org. In order to give potential candidates sufficient time to apply my Department and the Public Appointments Service agreed to extend the closing date for one week until 18 January 2018. The Public Appointments Service notified all potential candidates who had either applied or downloaded the application form of the extension of the closing date.
As provided for in the Ombudsman (Defence Forces) Act 2004, the new Ombudsman for the Defence Forces will be appointed by the President on the advice of the Government.
Strategic Communications Unit
Ceisteanna (108)
Micheál Martin
Ceist:108. Deputy Micheál Martin asked the Taoiseach and Minister for Defence if he, his officials or advisers have had meetings with the strategic communication unit since it was set up; the issues that were discussed; and if he will make a statement on the matter. [6521/18]
Amharc ar fhreagraFreagraí scríofa
I have attended one meeting with the Strategic Communications Unit (SCU), on 14 December 2017. The purpose of the meeting was to identify the Department of Defence’s communications priorities for the coming year. I was accompanied at the meeting by the Secretary General of the Department, the Assistant Secretary with responsibility for Strategic Planning, Defence Capability and Corporate Support, the Assistant Principal Officer with responsibility for media and communications and my special advisor.
In addition, the Assistant Secretary with responsibility for Strategic Planning, Defence Capability and Corporate Support, has attended meetings of designated Assistant Secretaries with the Strategic Communications Unit on other two occasions. On 8 November 2017, matters addressed were the work of the SCU and plans to conduct an audit of current government communications; on 14 December attendees were briefed on progress by the SCU.
The Assistant Principal Officer who is assigned as the departmental point of conduct for the SCU attended a briefing meeting on the 11 December 2017, a workshop on Ireland’s Global Footprint on 22 January 2018 and a Masterclass Workshop on Unified Government Identity on 5 February 2018. The Department's Press Officer attended a mobile journalism course organised by the SCU on 19 January 2018.
Defence Forces Medicinal Products
Ceisteanna (109, 110, 111)
Clare Daly
Ceist:109. Deputy Clare Daly asked the Taoiseach and Minister for Defence the number of recommendations the 2013 report of the working group on Lariam contained. [6584/18]
Amharc ar fhreagraClare Daly
Ceist:110. Deputy Clare Daly asked the Taoiseach and Minister for Defence the recommendations of the 2013 Lariam report that are repeated in the latest report of the working group on Lariam. [6585/18]
Amharc ar fhreagraClare Daly
Ceist:111. Deputy Clare Daly asked the Taoiseach and Minister for Defence the papers published in peer reviewed journals by each Defence Forces medical officer involved in malaria chemoprophylaxis on same. [6591/18]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 109 to 111, inclusive, together.
As stated previously, the two reports of the Working Group were produced in the context of current and potential litigation and are legally privileged. Therefore, it would be inappropriate to comment in any detail in relation to these reports. It would also be inappropriate to comment in relation matters such as any papers published by Defence Force Medical Officers, as these matters may arise in the ordinary course of litigation.
Freedom of Information Data
Ceisteanna (112)
Dara Calleary
Ceist:112. Deputy Dara Calleary asked the Taoiseach and Minister for Defence the number of freedom of information requests received by his Department in each of the years 2013 to 2017; the average time taken in these years to complete the requests by his Department; the number of requests to his Department for these years that ran beyond the deadline for the request; and if he will make a statement on the matter. [6889/18]
Amharc ar fhreagraFreagraí scríofa
The number of Freedom of Information requests received in my Department in the years concerned are:
2013 40
2014 29
2015 94
2016 120
2017 154
Time spent dealing with Freedom of Information requests forms part of the normal duties of officials. As this time is not monitored separately, it is not possible to calculate the average time taken to process FOI requests.
The required response time for FOI requests is 20 working days. Where it is not possible, due to the number of records to be searched or released, to respond within the designated time, the assigned decision maker in the Department negotiates and agrees with the requester an extension to the response date of up to 20 further working days as provided for in the FOI Act.
My Department's records show that in 2016 one requester did not receive a response within the initial or agreed deadline.
Passport Controls
Ceisteanna (113)
Bernard Durkan
Ceist:113. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the eligibility for a passport in the case of a person (details supplied); and if he will make a statement on the matter. [6479/18]
Amharc ar fhreagraFreagraí scríofa
All passport applications are subject to the provisions of the Passports Act 2008 (“the Act”). The Act provides, among other things, that a person must be an Irish citizen before a passport can be issued to him/her. In order to meet this legal requirement, each person must demonstrate an entitlement to Irish citizenship in his/her passport application.
The applicant referred to was born in May 2008. Any possible claim to citizenship for the applicant is governed by the terms of the Irish Nationality and Citizenship Act, 1956 as amended (“the 1956 Act”). Section 6A provides that a person born in the State on or after 1 January 2005, where neither parent is an Irish or British citizen or otherwise entitled to reside in the State or Northern Ireland without restriction at the time of that person’s birth, may claim citizenship by birth in the State (and thereby establish eligibility for an Irish passport) only where a parent has been lawfully resident in the State for three years of the four years preceding his/her birth.
In such cases, proofs of lawful residence in the State are required to determine if a parent has the required three year residence. For non-EU parents, permission to remain in the State recorded on passports, and/or registration cards, as issued by the Garda National Immigration Bureau (GNIB), are acceptable proofs of a parent’s lawful residence in the context of a passport application.
In this case, the applicant’s parent did not provide proof of lawful residence in the State for the required time-period prior to the child’s birth. Without such proof of lawful residence, an entitlement to citizenship and therefore eligibility for an Irish passport, was not established.
Citizenship – including naturalisation – comes under the remit of the Department of Justice and Equality (Irish Naturalisation and Immigration Service) and further information is available on the website www.inis.gov.ie
Strategic Communications Unit
Ceisteanna (114)
Micheál Martin
Ceist:114. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he, his officials or advisers have had meetings with the strategic communication unit since it was set up; the issues that were discussed; and if he will make a statement on the matter. [6525/18]
Amharc ar fhreagraFreagraí scríofa
I would refer the Deputy to my reply to Question No. 449 of 7 November 2017.
Since then, officials and advisors from my Department have continued to engage with the Government Strategic Communications Unit [SCU] at the Department of the Taoiseach on an ongoing basis.
Formal meetings have included those of the Assistant Secretary-level Delivery Team Network of all Government Departments chaired by the Department of the Taoiseach, as well those in workshop format on themes such as overall Ireland-related messaging at international level and the visual identities of Government Departments.
Informal meetings and contacts have also taken place between officials and advisors from my Department and the Government Strategic Communications Unit at various levels on these and other communications-related topics.
The SCU Director has also participated in events such as the Team Ireland conference – co-organised by my Department and the Department of Business, Enterprise and Innovation and involving a wide range of other Government Departments and State agencies - held at Croke Park on 16 November 2017. The SCU Director also contributed to a panel discussion session held during a conference of the heads of Ireland’s diplomatic missions abroad on 17 January 2018.
All of these meetings, contacts and exchanges reflect the breadth of policy and operational issues handled by my Department that incorporate a communications dimension. I welcome and value the input and assistance that we receive from the SCU in support of our work on behalf of Ireland and our citizens.
Brexit Issues
Ceisteanna (115)
Brendan Smith
Ceist:115. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the recent comments of the EU Agricultural Commissioner (details supplied) on the possible return of Border checks on goods and persons on the Border following Brexit; and if he will make a statement on the matter. [6592/18]
Amharc ar fhreagraFreagraí scríofa
The Government's priority on protecting the Good Friday Agreement in all its parts and the gains of the peace process, including a hard border on this island, has always been clear. This is also important for the maintenance and protection of North South Cooperation and the all-island economy.
In this regard, the Government welcomed the decision of the European Council on 15 December 2017 that sufficient progress had been made in phase one of the Article 50 negotiations. In phase one we secured clear and strong commitments on avoiding a hard border and the UK Government set out, for the first time, how this will be achieved.
In the event that it is not possible to resolve the border issue as part of a wider EU-UK future relationship agreement, which has always been the Irish Government's preference, or through specific solutions, the UK has committed that "in the absence of agreed solutions, the United Kingdom will maintain full alignment with those rules of the Internal Market and Customs Union which, now or in the future, support North-South cooperation, the all-island economy, and the protection of the 1998 agreement." In the Joint Report, the UK recalled "its commitment to the avoidance of a hard border, including any physical infrastructure or related checks and controls". It has also been agreed that any arrangements put in place will be accompanied by effective mechanisms to ensure implementation and oversight.
The EU and the UK also agreed that the Common Travel Area can continue. In plain terms, it means there will be no change in the right of Irish citizens to move freely North and South, East and West and to live, work, study and access social benefits in the UK on the same basis as UK citizens. This is important for avoiding a hard border.
Irish specific issues will continue to be taken forward in a distinct strand of the negotiations in phase two. This will ensure that they will not be overlooked in this phase and that work will continue on how to protect the Good Friday Agreement and the peace process and avoid a hard border, based on the agreements reached in phase one and in parallel with the wider negotiations on scoping out the EU's future relationship with the UK.
Departmental Staff Recruitment
Ceisteanna (116)
Brendan Smith
Ceist:116. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if additional staff will be recruited for the passport office to try to minimise delays in the processing and issuing of passports; and if he will make a statement on the matter. [6593/18]
Amharc ar fhreagraFreagraí scríofa
The number of Full Time Equivalent (FTE) staff permanently employed by my Department and currently assigned to the Passport Service is 322. In addition, the Passport Service has received sanction for 210 Temporary Clerical Officers (TCOs) this year to respond to the seasonal demand for passports, which is normally between February and September annually. Training for the first intake of TCOs has already commenced, with all expected to be in place and fully trained at latest by the end of March.
While the volume of incoming applications is currently increasing, the turnaround time for applications submitted through the Passport Express postal service for all categories of applicant (first-time applications, renewal applications and applications for renewal of lost, stolen or damaged passports) remains on target at 15 working days.
The new, award-winning Online Passport Renewal Service was launched in March 2017 and offers adult Irish citizens the convenience of an online application system 24 hours a day, 7 days a week from anywhere in the world, without the need for application forms, printed photos or witnesses. Current turnaround times for this service are below ten working days plus postage. Over 125,000 passport applications have been made through the online system since its launch. As take-up of the Online Passport Renewal Service continues to increase, it should enable further efficiencies in the Passport Service and thereby contribute to reducing pressure on other application channels.
All parts of the Passport Service are monitored closely on an ongoing basis to ensure they are sufficiently resourced to meet demand.
Freedom of Information Data
Ceisteanna (117)
Dara Calleary
Ceist:117. Deputy Dara Calleary asked the Tánaiste and Minister for Foreign Affairs and Trade the number of freedom of information requests received by his Department in each of the years 2013 to 2017; the average time taken in these years to complete the requests by his Department; the number of requests to his Department for these years that ran beyond the deadline for the request; and if he will make a statement on the matter. [6893/18]
Amharc ar fhreagraFreagraí scríofa
The number of freedom of information requests received by my Department in each of the years 2013 to 2017 is set out in the table below.
In general, officers of my Department respond to freedom of information requests within 20 working days. However, from time to time due to the nature and/or number of records it is not possible to respond to a request for access within the time limits as set out in the Freedom of Information Act 2014. In such cases the period of consideration is extended in agreement with the requester.
In the time available it is not possible to provide the number of requests responded to outside the typical time limits for the period in question.
|
Year |
Number of FOI requests received |
|
2013 |
88 |
|
2014 |
117 |
|
2015 |
122 |
|
2016 |
214 |
|
2017 |
262 |
Disabled Drivers and Passengers Scheme
Ceisteanna (118)
Caoimhghín Ó Caoláin
Ceist:118. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of applications to the disabled drivers and disabled passengers scheme for tax relief for drivers and passengers with disabilities rejected in the past five years due to not having a family member for the purpose of the application process; his views on whether the condition that this scheme is exclusively available to only family members of a disabled person needs to be re-examined; and if he will make a statement on the matter. [6556/18]
Amharc ar fhreagraFreagraí scríofa
I am advised by Revenue that the qualifying provisions for disabled passengers are contained in Statutory Instrument No. 353 of 1994 (Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. Under Regulation 10, which provides for reliefs for disabled passengers, eligibility is restricted to the qualifying disabled passenger or a family member of such a disabled passenger residing with and responsible for the transportation of that disabled passenger.
I am further advised by Revenue that in the past five years, twenty three applications under the Scheme were refused on the grounds of the applicant not being a family member of the person with disabilities.
I am satisfied that the Scheme is operating appropriately and I have no plans to change the eligibility criteria.
State Claims Agency Data
Ceisteanna (119)
Seán Fleming
Ceist:119. Deputy Sean Fleming asked the Minister for Finance the position regarding the maximum compensation that can be paid in respect of a person with a lifelong enduring disability that has died as a result of negligence of the State; if this ceiling applies to persons that did not have a lifelong enduring disability; the role of the State Claims Agency in this matter; and if he will make a statement on the matter. [6492/18]
Amharc ar fhreagraFreagraí scríofa
The State Claims Agency manages personal injury claims, including fatality claims, on behalf of 146 State Authorities as delegated to it by the National Treasury Management Agency (Amendment) Act 2000 and subsequent delegation orders.
In fatal injuries cases, damages may be awarded under 3 headings: (1) loss of pecuniary benefits which could have been reasonably expected but for the wrongful act of the defendant; (2) reasonable compensation for mental distress to the dependents of someone who has been fatally injured; and (3) funeral and other expenses actually incurred by reason of the death. Whether a person has a disability or not has no bearing on the amount of compensation payable under (1), which is determined by multiple factors, including whether a person leaves dependants, whether they were working, or contributing to the family in some way. Each case is decided on its own facts.
In relation to (2) above, the damages paid to the statutory dependants of a deceased person in a wrongful death case is known as solatium. Since January 2014, the maximum amount that can be awarded is set by statute in the sum of €35,000. Prior to this, the figure was capped at €25,394.76. This limit applies to the statutory dependants of all deceased persons, regardless of the deceased’s ability or disability. In determining the amount of compensation under (3), ability or disability is not considered and has no relevance.
Primary Medical Certificates Provision
Ceisteanna (120)
Bernard Durkan
Ceist:120. Deputy Bernard J. Durkan asked the Minister for Finance when a primary medical certificate will issue in the case of a person (details supplied); and if he will make a statement on the matter. [6505/18]
Amharc ar fhreagraFreagraí scríofa
I have no function in relation to the issuing of primary medical certificates. A Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an applicant satisfies the medical criteria necessary to qualify for a primary medical certificate. I would advise any person who considers they may qualify for a primary medical certificate to contact their local health office in the first instance.
Mortgage Data
Ceisteanna (121)
John McGuinness
Ceist:121. Deputy John McGuinness asked the Minister for Finance the number of mortgage arrears resolved by each bank using the debt for equity solution; and if he will make a statement on the matter. [6559/18]
Amharc ar fhreagraFreagraí scríofa
I have been advised by the Central Bank that it does not collect information on mortgage arrears by each bank using the debt for equity solution.
The Central Bank of Ireland publishes mortgage arrears statistics on a quarterly basis, see: https://www.centralbank.ie/docs/default-source/statistics/data-and-analysis/credit-and-banking-statistics/mortgage-arrears/residential-mortgage-arrears-and-repossessions-statistics-september-2017.pdf?sfvrsn=5, which provides a breakdown of restructures by a number of different categories.
These categories represent the level of granularity that the CBI collects for Primary Dwelling Homes (PDH) and are as follows:
- Interest only - up to one year
- Interest only - over one year
- Reduced Payment (greater than interest only)
- Reduced Payment (less than interest only)
- Term Extension
- Arrears Capitalisation
- Payment Moratorium
- Deferred Interest Scheme
- Payment Interest Rate Reduction
- Split Mortgage
- Trade Down Mortgage
- Temporary Interest Rate Reduction
- Other
For Buy-to-Let (BTL) Mortgage accounts the categories are as above with the exception of Trade Down Mortgages.
Financial Services Regulation
Ceisteanna (122)
Michael McGrath
Ceist:122. Deputy Michael McGrath asked the Minister for Finance the regulation of penny banks here; the number of regulated penny banks in each of the years 2013 to 2017 ; his views on the future of penny banks; and if he will make a statement on the matter. [6660/18]
Amharc ar fhreagraFreagraí scríofa
There are no specific legislative or regulatory requirements relating to penny bank saving clubs (also commonly referred to as savings clubs). Any such group savings scheme with a credit union would be required to comply with the same regulatory requirements that apply to an individual member’s savings account with a credit union.
I am informed by the Central Bank that it does not receive information on the number of penny bank savings clubs operated by credit unions.
Section 27 of the Credit Union Act, 1997 sets out provisions in relation to the ‘raising of funds by shares and deposits’. Section 27A of the Credit Union Act, 1997, requires that ‘a credit union shall maintain appropriate oversight, policies, procedures, processes, practices, systems, controls, skills, expertise and reporting arrangements to ensure the protection of members’ savings and that it complies with requirements imposed under the financial services legislation’.
Under the Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (2016 Regulations) no individual member in a credit union shall have total savings which exceeds €100,000. Under the 2016 Regulations there are a number of credit unions who have been granted approval by the Central Bank to retain individual members’ savings in excess of €100,000 which were held at commencement of the Regulations and a smaller number of credit unions have been granted approval to increase individual members’ savings in excess of €100,000.
Credit unions must also ensure that they are compliant with the customer due diligence requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (the 2010 Act). Section 33 of the 2010 Act requires that appropriate customer due diligence is undertaken to ensure that an entity has a means to identify and verify the identity of its customers. The 2010 Act would therefore require that the identity of all savers in a savings club is known with appropriate customer due diligence undertaken by the credit union.
Financial Services Regulation
Ceisteanna (123)
Michael McGrath
Ceist:123. Deputy Michael McGrath asked the Minister for Finance if his Department or the Central Bank gather data on trading in crypto currencies; if his Department or the Central Bank have undertaken an in-depth analysis on the technology behind crypto currencies; if crypto currencies are traded on platforms here; the number of trades in crypto currencies made here in each of the years 2013 to 2017; the value of those trades; the number of trades in a crypto currency (details supplied) made here in each of the years 2013 to 2017; the value of those trades; the value and quantity of the currency circulating here; the consumer and financial regulation that exists here in relation to crypto currencies; and if he will make a statement on the matter. [6661/18]
Amharc ar fhreagraFreagraí scríofa
I am advised, that due to the nature of the technology underpinning bitcoin and other cryptocurrencies, it remains challenging to measure the number, and value of transactions that take place in any one country or jurisdiction. Cryptocurrencies possess capabilities that allow for individuals to transact anonymously if they so wish. This makes it difficult for regulators and authorities to gain oversight of the beneficial owners associated with each cryptocurrency transaction. This is as true for Ireland, as it is for any other country.
The exchanges and platforms on which cryptocurrencies are traded are currently not regulated, and do not require an authorisation or licence from the Central Bank of Ireland (Central Bank). Consumers should note that virtual currencies remain unregulated, and that there are no regulatory protections for consumers when holding, buying or selling virtual currencies.
In December 2017, the Central Bank issued an “Alert on Initial Coin Offerings” (ICOs). An ICO refers to the process by which newly issued cryptocurrencies can be exchanged for traditional fiat currencies. The Central Bank’s alert outlined numerous risks associated with ICOs, and can be found on the Central Bank’s website at: www.centralbank.ie/consumer-hub/consumer-notices/alert-on-initial-coin-offerings .
With regard to forthcoming regulation, The Fifth EU Anti-Money Laundering Directive (5AMLD) will introduce measures to mitigate some of the money laundering and terrorist financing risks presented by cryptocurrencies. Agreement has been reached at EU level on the 5AMLD proposals. However, transposition into domestic legal frameworks has not yet taken place.
As part of 5AMLD, Virtual Currency Exchanges (providers of exchange services between virtual currencies and fiat currencies) and Custodian Wallet Providers (entities providing services to store and transfer cryptocurrencies on behalf of its owners) act as a gateway between the cryptocurrency “ecosystem” and the traditional financial system. 5AMLD, once implemented, will mean that Virtual Currency Exchanges and Custodian Wallet Providers will be subject to Anti Money Laundering (AML) laws as “designated persons” under Irish law. As such, they will be subject to regulatory supervision and oversight in respect of their anti-money laundering and counter-terrorist financing obligations.
Officials in my Department have been monitoring, and will continue to monitor, any developments that arise in relation to this matter. They have also been liaising with the Central Bank in the context of the National Money Laundering and Terrorist Financing Risk Assessment. Finally, at a European level the Central Bank continues to contribute to the work of the European Supervisory Authorities in this area.