Written Answers Nos. 244-253
244. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if he has given further consideration to the consolidation of road traffic legislation; his plans to proceed with proposed legislation to curb excessive speed on roads; and if he will make a statement on the matter. [21024/19]
Amharc ar fhreagraMy priorities in respect of road traffic legislation have been focused on legislation which is immediately needed. In that context, my Department is currently working on a Road Traffic Bill to provide, in the main, for graduated penalties for speeding offences.
The Government is still considering proposals which I have put forward for the introduction of graduated speeding penalties. Speeding is one of the most dangerous behaviours on our roads and it is clear that further measures are needed to tackle it. I believe that a graduated system of penalties, which would reflect the level of speeding in the level of consequence – much as we already do for levels of alcohol - is the right approach to take.
While not a priority at this time, the consolidation of the Road Traffic Acts must not simply be a matter of re-enacting all current road traffic legislation into one instrument. The benefits of consolidation are too often misunderstood and over-stated. If the project is to be of value, it will be necessary to examine each aspect of the legislation and see where it might be improved upon. Such a project, done properly, could take up to three years to complete.
There is no indication of any failure of prosecutions due to a lack of consolidation, never mind the significant problem which would need to exist to justify diverting resources from more urgent tasks to consolidation at this time. Any decision to undertake such a project in the future will have to be balanced against the value added and the risks associated with undermining the extensive legal precedents established to date. Indeed, I understand that recent significant precedents in court decisions would suggest that consolidation should not be undertaken at this time.
245. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if levels of remuneration to senior officials in civic society organisations mostly made up of volunteer members are taken into account by his Department when evaluating structures of governance on bodies making applications for sports capital and other grants; and if he will make a statement on the matter. [21025/19]
Amharc ar fhreagraThe Sports Capital Programme (SCP) is the primary vehicle for Government support for the development of sports and physical recreation facilities and the purchase of non-personal sports equipment throughout the country.
The detailed terms and conditions of the SCP are available on the Department's website at www.sportscapitalprogramme.ie including a sample copy of the most recent application form and the assessment manual used by officials to evaluate applications. While it is a requirement that applicant organisations are run on a not-for-profit basis and that they are open for new members, the Department does not collect information on the remuneration of officials in the organisations applying for funding. The vast majority of SCP grantees are voluntary and community groups run by volunteers who receive no payment for their work. Details of all allocations under the SCP are also available on the Department's website.
In relation to other grants, Sport Ireland, which is funded by my Department, is the statutory body with responsibility for the development of sport, increasing participation at all levels and raising standards. It also has responsibility for the allocation of funding to sporting organisations across its various grant schemes and for the establishment of the terms and conditions for that grant funding. Accordingly, I have also referred the Deputy's question to Sport Ireland for direct reply in relation to this matter. I would ask the Deputy to inform my office if a reply is not received within 10 days.
246. Deputy Eamon Ryan asked the Minister for Transport, Tourism and Sport if electric scooters are considered to be mechanically propelled vehicles; and the requirements for road use of scooters. [21052/19]
Amharc ar fhreagraThe Road Traffic Act 1961 defines a mechanically propelled vehicle as a vehicle intended or adapted for propulsion by mechanical means, including a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used. It also includes a vehicle the means of propulsion of which is electrical, or partly electrical and partly mechanical. Whether or not a vehicle requires a push-start is legally irrelevant.
Escooters and powered skateboards fall into this category, and are therefore considered to be mechanically propelled vehicles. Any users of such vehicles in a public place (as defined in the Road Traffic Act 1961) must have insurance, road tax and a driving licence, with penalties under road traffic laws (including fixed charge notices, penalty points, fines and possible seizure of the vehicle) for not being in compliance with these requirements.
As it is currently not possible to tax or insure escooters or electric skateboards, they are not considered suitable for use in a public place. There is no anomaly within the law.
I have requested that the Road Safety Authority research how escooters and other such vehicles are regulated in other countries, particularly other Member States. The goal is to understand the road safety implications of the use of such vehicles on public roads, especially when interacting with other vehicles.
I will make a decision on whether or not to amend existing legislation when I have received and considered the outcome of the Authority’s research. I would need to be satisfied that permitting such vehicles on our roads will not give rise to safety concerns, whether for the users of such machines or for other road users including cyclists, pedestrians and motorists.
247. Deputy Thomas Pringle asked the Minister for Children and Youth Affairs if she will seek to preserve a service (details supplied) in County Donegal for women and children seeking refuge from domestic abuse; if a reply will issue to its request for urgent funding; and if she will make a statement on the matter. [20999/19]
Amharc ar fhreagraUnder the Child and Family Agency Act, 2013, Tusla, the Child and Family Agency, has statutory responsibility for the provision of care and protection to victims of domestic, sexual and gender-based violence (DSGBV). In discharging its statutory responsibility, Tusla supports 59 organisations nationally that deliver a range of services to victims of domestic, sexual and gender based violence.
Two specific services, Donegal Women’s Domestic Violence Service and Donegal Women’s Centre, are funded by Tusla to provide services to domestic violence victims in County Donegal, including Inishowen. At this time, Tusla is not seeking to commission additional services in County Donegal.
A wide range of Tusla services are provided and commissioned across County Donegal, mindful of the rural nature of the county. Accessibility is an issue for service users in many rural areas across the country, and Tusla has been supporting services in developing and enhancing outreach services in order to improve access to services.
Many organisations have moved from a clinic-based response to more flexible responses, where services arrange to meet service users at times and places that are safe and convenient for them. Tusla-funded services in County Donegal have demonstrated this approach in providing an outreach service to service users in different areas of the county, including Inishowen.
In 2018, Tusla provided €3,200 in funding to Lifeline Inishowen for the delivery of counselling to both adults and children.
I am committed to the development of domestic violence services. Tusla will continue to work with service providers throughout the country to improve services for victims of domestic violence.
248. Deputy Dara Calleary asked the Minister for Rural and Community Development the supports available via the CLÁR programme or other programmes within his Department to a school in a rural area planning to refurbish outdoor play areas on the school grounds to incorporate play equipment in the interests of promoting physical activity within the school community; his views on whether a CLÁR-funded playground must be made available to the wider community; if his attention has been drawn to the fact that this condition is imposing extensive insurance costs on school communities; and if he will make a statement on the matter. [20949/19]
Amharc ar fhreagraThe CLÁR programme provides funding for small scale infrastructure projects in rural areas that have experienced significant levels of de-population.
Since I reintroduced the programme in 2016, funding has been provided for a range of measures, including for the enhancement or development of Play Areas and Multi-Use Games Areas (MUGAs). Eligible applicants under this measure include both schools and communities. Given that CLÁR is providing public money for these projects, I believe that the facilities should be available to the general community.
In the case of schools, I appreciate that the use of play areas and MUGAs by the general community may need to be restricted to times outside of school hours.
My Department was established to promote rural and community development throughout Ireland. In order to do achieve this objective, funding provided to projects should have the widest possible benefit for communities. It is in this context that the CLÁR programme stipulates that play areas and MUGAs must be available to all members of the community.
249. Deputy Michael Healy-Rae asked the Minister for Rural and Community Development if he will address a matter regarding funding for a local community project (details supplied) in County Kerry; and if he will make a statement on the matter. [20961/19]
Amharc ar fhreagraLEADER is a multi-annual programme covering the period 2014-2020 which is delivered through Local Action Groups (LAGs) in each of the 28 LEADER sub-regional areas around the country. In order for a project to be eligible for LEADER funding, it must be compatible with the actions outlined in the approved Local Development Strategy for the relevant LEADER area, and it must comply with the Operating Rules and EU Regulations in place for the programme.
LAGs may award LEADER funding up to a maximum of 50% of the total project costs. This percentage may be increased to 75% for analysis and development type projects, and to 100% for training type projects. In addition, higher maximum rates of aid may be applied for community-based projects where the applicant satisfies certain additional criteria and where there is no commercial basis for the project.
I understand that an Expression of Interest for LEADER funding has been submitted to the LAG in Co. Kerry in respect of the project referred to by the Deputy.
The Kerry Local Action Group, through its Implementing Partner South Kerry Development Partnership Ltd., has advised my Department that the community group associated with the project referred to by the Deputy was successful on two previous occasions in their applications for financial support through LEADER. In both instances, the approved projects were awarded a rate of aid above the standard maximum rate as the projects contained no commercial element.
With regard to the proposed new project referred to by the Deputy, the LAG has advised my Department that, based on their assessment of the Expression of Interest submitted by the applicant, the project would involve commercial activity. Therefore the appropriate maximum rate of aid for the proposed project, if approved, would be 50%.
The decision to approve a project, or otherwise, is a matter for the LAG which administers the programme in each LEADER area and my Department has no role in this matter. However, each LAG and each project promoter must comply with the Operating Rules and the EU Regulations which govern LEADER, including with regard to the levels of support which can be provided.
250. Deputy Fiona O'Loughlin asked the Minister for Employment Affairs and Social Protection if the stamps of a person (details supplied) can be reviewed. [21069/19]
Amharc ar fhreagraCarer's Benefit (CARB) is a PRSI based payment made to a person who leaves the workforce to care for a child or an adult in need of full-time care and attention. An increased payment can be made where full-time care is being provided to two people.
In order to qualify, the applicant must have paid a certain number of PRSI contributions. Only contributions at Class A, B, C, D, H and E can be counted towards Carer's Benefit. Class S (self-employed contributions) do not count.
Instead the person concerned may have an entitlement to Carer's allowance (CA). CA is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
In order to qualify, applicants must show that they are habitually resident in the State, that their means are less than the statutory limit, that they are providing full-time care and attention and that the person being cared for requires that level of care.
Means are any income belonging to the carer and their spouse, civil partner, or cohabitant, property, (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.
The person being cared for must have such a disability that as a result they require full-time care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.
In addition the carer must be providing this level of care.
Applications forms for CA can be found at any Intreo or Citizens' Information Office Nationwide or can be downloaded from my Department's website, www.welfare.ie.
I hope this clarifies the matter for the Deputy.
251. Deputy Kevin O'Keeffe asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied). [20951/19]
Amharc ar fhreagraThe Carers' Support Grant is an annual payment made by the Department of Employment Affairs and Social Protection to full-time carers, who satisfy certain conditions.
The application for the Grant by the person concerned was received on 2nd May 2019. The application will be processed in advance of the payment date for the grant, of the 6th of June and the person concerned will be notified of the outcome directly.
I trust this clarifies the matter for the Deputy.
252. Deputy Aengus Ó Snodaigh asked the Minister for Employment Affairs and Social Protection the status of an application by a person (details supplied); and when they can expect a decision on their case. [20952/19]
Amharc ar fhreagraOn receipt of additional medical evidence submitted in support of a review of the invalidity pension claim from the gentleman referred to, he has been awarded invalidity pension with effect from 01 February 2018. Payment will issue to his nominated bank account on 16 May 2019. Any arrears due from 01 February 2018 to 15 May 2019 (less any overlapping social welfare payment) will issue as soon as possible. The gentleman in question was notified of this decision on 13 May 2019.
I hope this clarifies the matter for the Deputy.
253. Deputy Niamh Smyth asked the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [20953/19]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred on 10th April 2019 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
