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Thursday, 13 Dec 2018

Written Answers Nos. 66-90

Ireland Strategic Investment Fund Investments

Ceisteanna (66)

Michael McGrath

Ceist:

66. Deputy Michael McGrath asked the Minister for Finance the amount invested by the Ireland Strategic Investment Fund in absolute return funds; the annual return from such funds in each year since 2014; the way in which these returns compare to other investments in equities; the rationale for investing in such funds; and if he will make a statement on the matter. [52649/18]

Amharc ar fhreagra

Freagraí scríofa

The current design of ISIF’s Global Portfolio is the most effective way to meet its requirement to ensure that capital is available as investment opportunities in Ireland are executed and drawn down, while making a significant contribution towards ISIF’s investment return objective.

ISIF’s legislative mandate – to invest on a commercial basis in a manner designed to support economic activity and employment in Ireland – requires it to transition, over a period of years, from a largely global portfolio into an Irish portfolio. Immediately converting the Global Portfolio into cash is not a preferred option, as interest rates on cash are negative. 

Therefore, the overall objective of ISIF’s Global Portfolio is to preserve capital by limiting downside valuation exposure and ensuring that capital is available for investment in Ireland as required over the transition period, while also making a positive contribution towards ISIF’s investment return objective. This requires ISIF, through its investment managers, who are procured on a competitive basis, to implement a dynamic, diversified, highly liquid, low-risk global portfolio that includes a mix of asset classes including cash, debt instruments, equities, property and alternative investments such as absolute return funds. ISIF’s absolute return strategies, by design, have (i) low correlation to global markets, thereby delivering diversification benefits, and (ii) much lower volatility than equity markets. 

As part of the wider Global Portfolio strategy, absolute return strategies comprise €1.8bn (27%) of the Global Portfolio as at end September 2018.  ISIF publicly discloses the investment performance of its Discretionary Portfolio and of the Global and Irish sub-portfolios. Performance numbers for 2018 will be published in early February 2019.

Central Bank of Ireland Properties

Ceisteanna (67)

Michael McGrath

Ceist:

67. Deputy Michael McGrath asked the Minister for Finance the estimated cost of building a skybridge between the Central Bank buildings; if a full cost-benefit analysis has been undertaken for such a project; and if he will make a statement on the matter. [52650/18]

Amharc ar fhreagra

Freagraí scríofa

The Commission of the Central Bank of Ireland is solely and independently responsible for administering the provision of accommodation and office and other equipment with a view to enabling the Bank to perform and exercise its functions and powers, as enshrined in Section 6B of the Central Bank Act, 1942 (as amended).

I am informed that the Central Bank Commission decided in October 2018 to enter into exclusive negotiations to purchase premises at the Dublin Landings development, (directly to the rear of the Bank's North Wall Quay (NWQ) building). This intended purchase is in line with the Bank’s overall long term accommodation strategy and will provide the most cost effective approach to the Bank’s property requirements.  

The vendor has submitted a planning application to provide a foot bridge between the Dublin Landings properties and the Central Bank’s NWQ building. While this planning application has been submitted with the agreement of the Central Bank, there is no obligation to construct the foot bridge and a decision on the matter, which is subject to planning application approval and cost benefit analysis, will be made in due course.  

Garda Stations

Ceisteanna (68)

Brendan Smith

Ceist:

68. Deputy Brendan Smith asked the Minister for Public Expenditure and Reform the status of the reopening of Bawnboy Garda Station, County Cavan; and if he will make a statement on the matter. [52574/18]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government included a ‘pilot programme of Garda Station re-openings’ throughout the country, including Bawnboy Garda Station. OPW undertook technical surveys on the building and issued a report on the works required, indicative costs involved and proposed layout to Garda Estate Management earlier this year.

Subsequently, An Garda Síochána (AGS) has forwarded a revised ‘Brief of Requirements’ containing some minor amendments.  The deliberative process between An Garda Síochána and the OPW to finalise proposals is on-going.  Upon final Garda sign-off, OPW will prepare and submit the  necessary Part 9 planning application and progress the procurement of works required to re-open the Station. 

Children's Science Centre

Ceisteanna (69, 71, 74)

Niamh Smyth

Ceist:

69. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform the status of the development of the national children’s science centre; and if he will make a statement on the matter. [52575/18]

Amharc ar fhreagra

Niamh Smyth

Ceist:

71. Deputy Niamh Smyth asked the Minister for Public Expenditure and Reform the estimated cost of the development of the national children’s science centre; the financial model which will be applied; the funding sources for same; and if he will make a statement on the matter. [52577/18]

Amharc ar fhreagra

Barry Cowen

Ceist:

74. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform the Department that has the responsibility to undertake a cost-benefit analysis for the children’s science centre; if his Department has undertaken such an analysis; if he has or will be publishing a report on the project; the estimated amount it would cost for the initial investment and operational costs, respectively; and if he will make a statement on the matter. [52618/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 69, 71 and 74 together.

Having obtained planning permission for the provision of premises for the proposed interactive Children’s Science Centre at Earlsfort Terrace, the Commissioners of Public Works are in the process of procuring technical consultants to prepare tender/contract documentation with a view to preparing a request for tenders in the latter part of 2019. It is not possible at this stage to provide an accurate estimated cost. The construction cost of the premises, which largely involves the refurbishment of existing State owned buildings, will be met from Exchequer funding. A detailed business plan has been completed by the promoters of the project and further cost benefit analysis will be undertaken in the course of next year in regard to the establishment and operation of the proposed Centre. The financial model for operation of the proposed Centre has not been finalised as yet. It is not proposed to publish a report on the proposed project at this time.

Flood Prevention Measures

Ceisteanna (70)

Michael Healy-Rae

Ceist:

70. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if ongoing flooding at a location (details supplied) will be addressed; and if he will make a statement on the matter. [52505/18]

Amharc ar fhreagra

Freagraí scríofa

Kerry County Council with funding provided by the Office of Public Works is currently undertaking a feasibility study to ascertain what measures could be put in place to protect this property from flooding.

Question No. 71 answered with Question No. 69.

Public Procurement Regulations

Ceisteanna (72)

Clare Daly

Ceist:

72. Deputy Clare Daly asked the Minister for Public Expenditure and Reform if a person (details supplied) who has defaulted on payments to the Revenue Commissioners can hold a public contract with a local authority; and if he will make a statement on the matter. [52579/18]

Amharc ar fhreagra

Freagraí scríofa

Public Procurement is governed by EU legislation and National rules and guidelines. The aim of these rules is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money.

When carrying out procurement procedures, contracting authorities require suppliers to comply with a wide variety of legislation in areas that would include taxation, social policy, the environment and employment law.  Compliance with the legislation covering these areas is rightly a matter for the relevant Departments and/or Agencies.

Public procurement procedures require applicants to meet certain standards when applying for public contracts.  The criteria upon which contracting authorities may exclude applicants from the award procedure of public contracts are set out in Regulation 57 of S.I. No. 284 of 2016 – European Union (Award of Public Authority Contracts) Regulations 2016 and Article 57 (4a) and Recitals (100) and (101) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement.  Before an applicant, in relation to certain breaches, is excluded, they may make a case and provide supporting evidence as to why it should not be excluded.  The contracting authority must consider this evidence before deciding whether to exclude or include an applicant. In addition, the qualifying tenderer must submit signed declarations stating that none of the circumstances (e.g. participation in a criminal organisation, corruption, terrorist offences etc.) outlined in Regulation 57 of S.I. No. 284 or Article 57 of 2014/24/EU apply.

Flood Relief Schemes Status

Ceisteanna (73)

James Browne

Ceist:

73. Deputy James Browne asked the Minister for Public Expenditure and Reform his plans for flood relief schemes in County Wexford; and if he will make a statement on the matter. [52596/18]

Amharc ar fhreagra

Freagraí scríofa

The position on flood relief schemes in County Wexford is as follows:

Work on the development of the proposed Enniscorthy Flood Defence Scheme is progressing well.  A public information day was held in June 2018 which was very well attended and provided some important feedback on the proposed scheme.  A formal Public Exhibition of the scheme is planned for early 2019. Following this the detailed design of the scheme will be finalised which will allow an application to be made to the Minister of Public Expenditure and Reform for confirmation of the scheme under the Arterial Drainage Acts.  Subject to the proposed scheme receiving approval it is anticipated that construction will commence in 2020.  

An outline flood relief scheme has been identified for Wexford Town under the CFRAMS program and this was included among the 50 priority schemes to be progressed in an initial tranche of flood projects announced by Minister of State Moran on 3 May 2018. Wexford County Council (WCC) and the OPW are working in collaboration to bring this scheme forward.  The initial task will be to appoint consultants to develop the detailed design of the scheme and this is in hands.

WCC, in conjunction with its consultants RPS, has investigated the problem of coastal erosion and flooding at Rosslare and has identified initial proposals to address these problems. Further study is required to identify the most financially, environmentally, and technically viable measures, and the OPW and WCC are working together in considering this.

Flood defence works in New Ross are substantially completed by WCC. The OPW is currently considering potential funding support for the WCC scheme in the town.

There are currently no applications on hand from Wexford County Council under the OPW's Minor Flood Works and Coastal Protection Scheme

A coastal minor works project at Arthurstown was completed in 2018, and funding of €126,000 was approved for a project at Wexford Racecourse in 2018. 

Minor Works projects at Donaghmore Graveyard & Ballyhack were completed in 2016.

Question No. 74 answered with Question No. 69.

Public Procurement Regulations

Ceisteanna (75)

Barry Cowen

Ceist:

75. Deputy Barry Cowen asked the Minister for Public Expenditure and Reform if section 38 or section 39 health organisations have an obligation to follow State procurement policies or guidelines; if obligations surrounding procurement policies are outlined in the service level agreement with such organisations; his views on the fact that public money is being spent on procurements that have not followed public sector procurement guidelines; and if he will make a statement on the matter. [52619/18]

Amharc ar fhreagra

Freagraí scríofa

Public procurement is governed by EU and National rules. The rules are transposed into Irish law and apply to tenders for public contracts whose monetary value exceeds certain thresholds.

The National Public Procurement Policy Framework sets out the overarching policy for public procurement in Ireland.  It sets out the procurement procedures to be followed by Government Departments and public bodies under national and EU rules. The Framework covers contracting authorities including individual Departments, Offices, commercial and non-commercial State bodies, and private entities which are subsidised 50% or more by a public body, when awarding contracts for goods and services. 

However, it is a matter for individual contracting authorities to ensure that their public procurement function is discharged in line with their governance and accountability arrangements including procurement rules and procedures.   While the OGP's policy framework and public procurement guidelines facilitate and enable compliance with public procurement rules, it is the responsibility of each contracting authority to ensure they adhere to these rules.

Schools Building Projects Status

Ceisteanna (76)

Róisín Shortall

Ceist:

76. Deputy Róisín Shortall asked the Minister for Education and Skills further to Parliamentary Question No. 119 of 6 December 2018, if the housing of the new school in the existing permanent facility will be addressed; and if he will make a statement on the matter. [52552/18]

Amharc ar fhreagra

Freagraí scríofa

It is not intended that the school will be housed within the existing permanent accommodation on site which is a third level college facility. The intention is to phase the construction of the new school building so as to provide access to newly built permanent accommodation for September 2019

 The School Building project when complete will provide a new 16 classroom school plus ancillary accommodation. The school, through its patron body, will be kept informed as to the progression of the project.

School Transport

Ceisteanna (77)

Robert Troy

Ceist:

77. Deputy Robert Troy asked the Minister for Education and Skills if there is a compulsory retirement age for school bus drivers; and if so, the details. [52562/18]

Amharc ar fhreagra

Freagraí scríofa

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

In the 2017/18 school year over 117,000 children, including over 12,000 children with special educational needs, were transported in over 4,500 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually at a total cost of almost €190 million in 2017.

In response to the expressed wishes of many school bus drivers - both Bus Éireann and private contractor school bus drivers - who wanted to remain in the position upon reaching retirement age at sixty-six years, and following the advice of their Medical Department, the Company decided to alter the compulsory retirement age for school bus drivers who provide services under the School Transport Scheme to enable experienced personnel to remain on in the position for a maximum of four more years if desired.

School bus drivers who opt to remain on after sixty-six years of age may do so up to the age of seventy, if they are satisfied to do so, subject to annual medical review and once they continue to hold the requisite driving licence.

Autism Support Services

Ceisteanna (78)

Éamon Ó Cuív

Ceist:

78. Deputy Éamon Ó Cuív asked the Minister for Education and Skills the schools in Galway city with a dedicated autistic unit; the services available in each unit; the schools that have as part of this service dedicated early intervention services for children under six years of age; and if he will make a statement on the matter. [52592/18]

Amharc ar fhreagra

Freagraí scríofa

Details of all special classes for children with special educational needs, in county order, are available on the NCSE website at the following link:

http://ncse.ie/wp-content/uploads/2018/10/NCSE-List-of-Special-Classes-for-September-2018updated.pdf. 

The National Council for Special Education (NCSE) is responsible for the establishment of special class and special school placements in various geographical areas where there is an identified need, in consultation with the relevant education partners and the Health Service Executive (HSE).

The NCSE is aware of emerging need from year to year, and where special class or special school provision is required, it is planned and established to meet that need.

There are 88 special classes attached to mainstream schools in Galway City and County. Of these, 3 are ASD early intervention classes, 35 are primary ASD classes and 22 are post primary ASD classes. The number of ASD special classes in Galway has increased from 17 in 2011/2012 to 60 in 2018/2019.

While it is not always possible or practical that a special class placement would be available in the child’s local school, the NCSE has informed the Department that, in general, they are satisfied that there are sufficient ASD special class placements to meet existing demand in Galway.

Special classes for students with ASD are staffed with a pupil–teacher ratio of 6:1 at primary level (including early intervention classes) and 6:1.5 at post primary level, and also have a minimum of two SNAs for every class of 6 children.

My Department's policy is to provide for the inclusive education of children with special educational needs, including Autism (ASD), in mainstream school settings, unless such a placement would not be in the best interests of the child concerned, or the children with whom they will be educated.

ASD Early Intervention special classes are available for children aged 3-5 with a diagnosis of Autism Spectrum Disorder (ASD). Early intervention classes are intended to provide early support for children with ASD before they start school. Following early intervention, children will attend a mainstream class unless there is professional guidance that they require a special class or a placement in a special school.

The greater proportion of children with ASD attend mainstream class, where they may access additional supports if required.

Some students with ASD, although academically able to access the curriculum in mainstream, may find it too difficult to manage full-time placement there and placement in an ASD special class should be considered.

Special classes are part of a continuum of educational provision that enables students with more complex special educational needs to be educated, in smaller class groups, within their local mainstream schools. They offer a supportive learning environment to students who are unable to access the curriculum in a mainstream class, even with support, for most or all of their school day.

Students enrolled in special classes should be included in mainstream classes to the greatest extent possible, in line with their abilities.

Special school placements are provided for other students with ASD and very complex special needs who wouldn’t manage in a mainstream school even for part of the week. Enrolment of a child in a special school is based on a professional assessment in consultation with the National Council for Special Education (NCSE).

The Department is aware that the establishment of special provision in some schools and communities can be challenging. The Education (Admission to Schools) Act 2018 will assist in addressing this issue in areas where the NCSE is of the opinion that there is insufficient education provision for children with special educational needs.

Section 8 of the Act, which commenced Monday 3rd December 2018, will provide the Minister with a power, after a process of consultation with the NCSE, the board of management and the patron of the school, to compel a school to make additional provision for the education of children with special educational needs.

Language Schools Closures

Ceisteanna (79)

James Browne

Ceist:

79. Deputy James Browne asked the Minister for Education and Skills the position regarding teachers whose money was taken from them by their employer (details supplied); and if he will make a statement on the matter. [52597/18]

Amharc ar fhreagra

Freagraí scríofa

On Monday 3 December 2018 my Department was informed of the closure of the school referred to by the Deputy.  This school was a private English language school. The relationship between teachers and private providers of education is based on a private contract and issues relating to working conditions including payment are a matter between the two parties and do not come under the remit of the Department of Education and Skills.  I understand that a liquidator is being appointed to the school in question.  I regret that this situation has arisen for the teachers and students of this school. My colleague Minister Mitchell O’Connor and I have separately met with some of the affected teachers.

There is an extensive range of legislation in Ireland which protects the employment rights of workers in relation to equality, employment contracts, payment of wages and related matters. It is the responsibility of the employer in the first instance to ensure that their employees receive their employment rights. Where an employee considers that their rights have been breached, the individual can bring a claim under the appropriate legislation to the Workplace Relations Commission. In addition, the WRC is responsible for monitoring a range of employment rights through its Inspection Service.

The Minister for Employment Affairs and Social Protection is currently progressing a new piece of legislation through the Oireachtas which will further strengthen the regulatory framework in this area. The Employment (Miscellaneous Provisions) Bill 2017 includes requirements that employers provide employees with certain terms of employment within a certain period after commencing employment; to impose sanctions for certain offences; to further provide for a minimum payment due to employees in certain circumstances; to prohibit contracts specifying zero as the contract hours in certain circumstances and to provide for the introduction of banded contract hours; to further provide for prohibition of penalisation and for those purposes to amend the Terms of Employment (Information) Act 1994 and the Organisation of Working Time Act 1997; to amend the Workplace Relations Act 2015.

In addition, the Deputy may be aware that legislation is also being progressed by my Department which will strengthen the regulation of the English language sector. The Qualifications and Quality Assurance (Education and Training) (Amendment) Bill 2018 is currently before the Seanad.  This new Bill will establish the International Education Mark (IEM).  The IEM is a core component of the Government's policy for the English language sector and will provide a full quality framework for the provision of education to international learners in the future.  Only those providers who meet the robust quality assurance procedures of Quality and Qualifications Ireland (QQI) will be allowed to carry the Mark. 

The Bill also contains provisions to provide QQI with additional statutory powers to examine a provider’s financial sustainability and to evaluate a provider’s corporate fitness.  These provisions will enable QQI to examine the bona fides of a provider in addition to assessing that the provider has the capacity and capability to implement the quality assurance processes and provide programmes of education and training consistent with the requirements of the Act.  All providers, including English language providers, will have to satisfy QQI in relation to issues such as the legal personality, ownership and corporate governance arrangements in addition to examining that adequate financial resources are in place to ensure the viability of these businesses.

On Committee Stage reading of the Bill, which was initiated on 5 December 2018, Minister Mitchell O’Connor announced her intention to appoint an experienced mediator to meet with bodies representing employers and employees in the English language education sector to explore the potential for a Registered Employment Agreement to be developed for workers in the English language sector.  The necessary arrangements for the appointment of this mediator are being progressed by my Department.

Early School Leavers

Ceisteanna (80)

Eamon Scanlon

Ceist:

80. Deputy Eamon Scanlon asked the Minister for Education and Skills the supports available for school leavers under 18 years of age still living at home and dependent; and if he will make a statement on the matter. [52622/18]

Amharc ar fhreagra

Freagraí scríofa

There are significant supports in place within the school system to support retention of students to the end of post-primary.  These include the package of measures delivered through DEIS and the various elements of the School Completion programme, managed by Tusla.  These measures have made a significant contribution to the steady and significant improvement in school retention rates over the last number of years.

The most significant intervention for early school leavers delivered by the education and training sector is that the Youthreach programme is available for early school leavers. Youthreach provides up to two years integrated education, training and work experience for unemployed early school leavers without qualifications or vocational training who are between 15 and 20 years of age.   It includes a considerable amount of personal development and exploration, where participants needs, interests and capacities are fully taken into account. There is a strong emphasis on personal development, on the core skills or literacy/numeracy, communications and IT, along with a choice of vocational options and a work experience programme.  The programme offers participants the opportunity to identify and pursue viable options within adult life, and provides them with opportunities to acquire certification. Youthreach includes a work experience element to prepare participants for progression on to further study, further training or working life.

Youthreach participants can receive an allowance of €40 for attending the programme, based on their age. There is also a small meals allowance and, where applicable, a travel allowance.

The treatment of child dependents who are not attending school for the purposes of social welfare payments is a matter for the Department of Employment Affairs and Social Protection.

Parliamentary Questions

Ceisteanna (81)

Bernard Durkan

Ceist:

81. Deputy Bernard J. Durkan asked the Minister for Education and Skills if it is deemed acceptable for SUSI by way of answer to a parliamentary question to refer to an email address rather than a direct reply in line with parliamentary procedure as has been the case of a person (details supplied); and if he will make a statement on the matter. [52663/18]

Amharc ar fhreagra

Freagraí scríofa

As part of a comprehensive customer service and communications strategy provided by Student Universal Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas members. This was established to meet an identified need for applicants who choose to engage the assistance of their public representatives in making enquiries about their grant applications.

This service, which was set up at the behest of Oireachtas members, complements the established channels provided by SUSI which include online application tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and Twitter. Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. Staff in SUSI are responding to email queries within a matter of days.

With regard to the specific application, I have been advised by my officials that the student in question submitted an application to SUSI. The application was subsequently refused last August on the basis that the college attended is not an approved institution under the student grant scheme. There are statutory time limits for making an appeal. I’ve been advised that the applicant did not appeal this decision and is now outside of the statutory time limits for doing so.

Wards of Court

Ceisteanna (82, 100)

Bernard Durkan

Ceist:

82. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if wards of court continue to benefit adequately from their status in the case of children or adults that have been made wards of court; the extent to which questions have been raised on this issue by family members; and if he will make a statement on the matter. [52683/18]

Amharc ar fhreagra

Bernard Durkan

Ceist:

100. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which further legislative changes are anticipated in respect of the legislation affecting wards of court with a view to better recognition of the changes in circumstances over time which may affect detrimentally the families of wards of court; and if he will make a statement on the matter. [52670/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 82 and 100 together.

As the Deputy will be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that between 20 and 30 minors (children under the age of 18) are taken into wardship by the President of the High Court each year. There are a number of reasons why it might be necessary to take a minor into wardship, with some being discharged from wardship when they turn 18. The most common reason is that the child has been awarded substantial damages by the Court and has special housing or care needs.

The Courts Service has advised that wardship is declared only where it is considered to be necessary for the protection and/or benefit of the child. In the cases where there are ongoing care and related needs, it is often more efficient and less costly to the child if such matters can be looked after by the Wards of Court Office in consultation with the child’s guardians and under the direction of the President of the High Court. The guardians appointed by the President of the High Court are usually the child's parents.

The Wards of Court Office appoints a case officer for each ward of court when he/she is brought into wardship. The case officer meets with the guardian(s) and will liaise with them throughout the wardship to ensure that the care and monetary needs of the child are met, taking into account the initial award. Any questions raised by family members regarding any issue or concern are dealt with by direct contact between the guardian(s) and the case officer.

As the Deputy is aware, wardship funds are not public funds. The funds of a person who is taken into wardship move into the custody and supervision of the High Court which then holds and invests those funds as appropriate for the benefit of the ward. The Courts Service has advised that the management of court funds by the Courts Service is sensitive to, and takes full account of, the needs of the wards of court.

The Courts Service has informed me that a conservative investment policy is followed. When deciding where and how to invest court funds, the overriding objective is the achievement of an optimal total financial return having regard to the need for liquidity and capital security, taking account of income generation and capital growth requirements. Where there is a requirement to generate a higher return to sustain the value of the funds for the longest period possible, such funds are invested in longer term growth and income generating strategies.

The Deputy will also be aware that I have signed the Commencement Order bringing Parts 1, 2 and 3 of the Civil Liability (Amendment) Act 2017 into operation with effect from 1 October 2018. The Act, which allows courts the power to award periodic payments rather than a lump sum payment in cases of catastrophic injury, will provide much needed financial security to persons requiring lifelong care and assistance following a catastrophic injury. I believe that the availability of a periodic payment to catastrophically injured persons will ensure that they will receive the care and assistance they require for the rest of their lives.

In terms of other legislation, the Deputy will be aware the Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and provides a modern statutory framework to support decision-making by adults with capacity difficulties. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health), must be put in place before the substantive provisions of the Act can be commenced.

The Act provides for the repeal of the Lunacy Regulation (Ireland) Act 1871 and the Marriage of Lunatics Act 1811. The current Wards of Court system for adults will be phased out over a three year period from the commencement of Part 6 of the Act. The Act offers a continuum of options to support people in maximising their decision-making capability.

Each adult ward (a ward who has attained the age of 18 years by the date of commencement of Part 6 of the Act) will be reviewed in accordance with the new system. A ward who is found to have capacity will be discharged from wardship. A ward who continues to have capacity needs will be discharged from wardship and offered the support option most appropriate to his or her needs.

I wish to inform the Deputy that no further legislative changes are anticipated at this time.

Court Accommodation Provision

Ceisteanna (83)

Michael Healy-Rae

Ceist:

83. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his plans for a new court house in Tralee, County Kerry; and if he will make a statement on the matter. [52488/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that, as part of its provincial capital building programme, one of the objectives is to provide improved court accommodation in Tralee which is one of a number of provincial city/county town venues nationwide still requiring new or upgraded courthouse accommodation. Collectively these venues will be the next priority for investment in courthouse facilities outside the capital. 

The Courts Service has advised that it envisages a courthouse comprising four courtrooms and related facilities (consultation rooms, custody facilities, facilities for juries and vulnerable witnesses, and legal practitioner’s suites) as being required to meet current and future needs in Tralee and that this will require a building significantly larger than the existing courthouse on Ashe Street. The scope for refurbishing and developing the existing courthouse on Ashe Street to provide the envisaged accommodation is extremely limited due to the nature of the building and the constrained nature of the site.

The Courts Service has also advised that it is currently considering a number of options for Tralee Courthouse, including the level of extension and refurbishment achievable within the confines of the existing courthouse site; whether it would be feasible to acquire an adjacent town centre site and the degree of extension and refurbishment this would allow. Previous efforts to acquire adjacent sites on Ashe Street have not been successful as the sites could not be acquired at a price that represented value for money.

A further option is to build a new modern courthouse on a greenfield/brownfield site and a number of potential sites are being considered in this regard. 

The Courts Service has further advised that the Chief Executive of the Courts Service has recently met with the Chief Executive of Kerry County Council in Tralee to discuss the future provision of court facilities there. The Courts Service has informed me that a decision has not yet been made and that all options are under review.

A number of developments in relation to Courts Service accommodation requirements are outlined in the Government's recent National Development Plan 2018-2027. They include:

- Further new or refurbished courthouses in regional cities and county towns where facilities remain substandard (including Galway City, Wicklow Town, Portlaoise, Tralee and Roscommon) and further provincial locations such as An Clochán Liath (Dungloe) to serve as the Gaeltacht court for the region, and Tuam;

- Regional Family Law Centres;

- A nationwide condition survey of all court buildings in the estate will be undertaken to determine their condition and identify works required in relation to any issues identified and meet ongoing maintenance requirements.

The precise allocation and timing of additional funding over the entire ten year period remains to be fully determined. It will be dependent on the outcome of further detailed planning and analysis of costs which will determine prioritisation of projects from a timing and budgetary perspective.

Garda Vetting Applications

Ceisteanna (84)

Jackie Cahill

Ceist:

84. Deputy Jackie Cahill asked the Minister for Justice and Equality if a Garda vetting application will be expedited in the case of a person (details supplied); and if he will make a statement on the matter. [52490/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the processing of vetting applications by the National Vetting Bureau is an operational matter for the Garda Authorities and is carried out in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 and other relevant law. My Department has no role in the processing of individual vetting applications.

I am informed by the Garda Authorities that as of 11 December, records at the National Vetting Bureau indicate that no valid Garda vetting application has been received in respect of the person who is the subject of the Deputy's question. 

 In the circumstances, I would advise the person concerned to contact the relevant registered organisation to ascertain the status of their vetting application.

Garda Recruitment

Ceisteanna (85)

Mick Wallace

Ceist:

85. Deputy Mick Wallace asked the Minister for Justice and Equality his plans to review the maximum age limit of 35 years of age for normal entry into An Garda Síochána in order to maximise recruitment opportunities and diversity as suggested in the review of entry routes to An Garda Síochána advice by the Garda Inspectorate published in May 2018. [52495/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 which provide that the age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years.

In light of the Garda Inspectorate Report referred to by the Deputy and the more recent Report of the Commission on the Future of Policing in Ireland, it is my intention to review the maximum entry age for recruitment to An Garda Síochána as part of the overall response to the recommendations made in both reports in relation to 'entry routes' to An Garda Síochána.

Insurance Fraud

Ceisteanna (86)

Michael McGrath

Ceist:

86. Deputy Michael McGrath asked the Minister for Justice and Equality the estimated cost of establishing a publicly funded Garda insurance fraud unit; and if he will make a statement on the matter. [52497/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Cost of Insurance Working Group proposed exploring the possibility that a specific unit, funded by the insurance industry, be established within the Garda National Economic Crime Bureau (GNECB) to tackle insurance fraud.

I can inform the Deputy that the GNECB had exploratory talks with Insurance Ireland in relation to this matter, and submitted a mechanism for further cooperation to Insurance Ireland in early 2017. Following receipt of the reply from Insurance Ireland in July 2018, I met with the GNECB and the Assistant Commissioner, Special Crime Operations, on 30 August 2018 to discuss this recommendation further. Following those discussions, I understand the recommendation is receiving further consideration within An Garda Síochána.  I am advised that the cost of establishing a publicly funded Garda insurance fraud unit has not as yet been determined.

My officials remain in ongoing contact with An Garda Síochána in relation to this matter. In addition, my colleague, Michael D'Arcy, Minister of State in the Department of Finance, will be meeting with the Garda Commissioner in the coming days to determine what progress can be made on this issue.

Garda Transport Provision

Ceisteanna (87)

Niall Collins

Ceist:

87. Deputy Niall Collins asked the Minister for Justice and Equality the office holders and non-office holders, both political and non-political, provided with a car and driver; the cost associated with each; and if he will make a statement on the matter. [52510/18]

Amharc ar fhreagra

Freagraí scríofa

The use of State cars and Garda drivers is confined to the President, the Taoiseach, the Tánaiste, the Minister for Justice and Equality, the Chief Justice and the Director of Public Prosecutions, the security of such persons being the responsibility of An Garda Síochána. I am informed by An Garda Síochána that total costs for 2017, which include an estimate in respect of the provision of drivers (payroll costs etc.), running costs and capital expenditure (where applicable), are indicated in the following table.

Vote

2017

President's Establishment

€197,005

Taoiseach

€200,698

Justice & Equality (a)

€185,000

Department of Business and Enterprise (a)

€78,000

Foreign Affairs & Trade (a)

€15,000

Director of Public Prosecutions

€186,958

Chief Justice

€179,841

(a)  The Office of Tánaiste was partly held by the Minister for Justice and Equality, the Minister for Business Enterprise and Innovation and the Minister for Foreign Affairs and Trade during 2017.

Separately, within my Department, and in line with similar arrangements for Ministers and Ministers of State across Government,  Minister of State David Stanton has 2 civilian drivers employed on a week-on, week-off basis, at an estimated average weekly cost of €695. 

Furthermore, a driver and vehicle service is available to the State Pathologist/Deputy State Pathologists when they are called to cases outside Dublin. The cost amounted to €29,708.65 in 2017 and to €25,386.25 up to 10th December 2018. The current service provider was selected through a procurement process undertaken in conjunction with the Office of Government Procurement.

A previous arrangement for the provision of a driver to the Office of the Inspector of Prisons, was discontinued in 2016.

State Pathology Service

Ceisteanna (88)

Niall Collins

Ceist:

88. Deputy Niall Collins asked the Minister for Justice and Equality the policy on the provision of transport for persons (details supplied); the cost associated with same; and if he will make a statement on the matter. [52511/18]

Amharc ar fhreagra

Freagraí scríofa

The Office of the State Pathologist (OSP) provides independent expert advice on matters relating to forensic pathology and performs post mortem examinations in cases where foul play is suspected.

The work of the State Pathologist and the Deputy State Pathologists is 24/7 and year round. A driver and vehicle service is available to these officials when they are called to cases outside Dublin. A procurement process for this service is held at regular intervals. The current provider was selected through a procurement process undertaken in conjunction with the Office of Government Procurement (OGP) using its National Framework for Passenger Ground Transportation Services for all public sector bodies.

The cost of the driver and vehicle service so far in 2018, up to 10 December, is €25,386.

Immigration Status

Ceisteanna (89)

Bernard Durkan

Ceist:

89. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the status of the determination of applications pursuant to section 3 of the Immigration Act 1999 (as amended) in the case of persons (details supplied); and if he will make a statement on the matter. [52536/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the persons concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.  

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.

Deportation Orders

Ceisteanna (90)

Bernard Durkan

Ceist:

90. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a deportation order will be deferred in the case of a person (details supplied); if the deportation order will be revoked in order to accommodate a comprehensive review of the case; and if he will make a statement on the matter. [52628/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 29 September 2017.  This Order requires the person to remove themselves from the State and remain outside the State.  The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau. 

Representations were received from the person concerned, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the detailed consideration of the information submitted in support of the request, the Deportation Order was affirmed and notified to Ms. Fernandes by letter dated 27 November 2018.

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.

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