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Tuesday, 13 Oct 2020

Written Answers Nos. 175-192

Planning Issues

Ceisteanna (182)

Holly Cairns

Ceist:

182. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if floating storage regasification units (details supplied) qualify as infrastructure developments under the Planning and Development (Strategic Infrastructure) Act 2006. [30334/20]

Amharc ar fhreagra

Freagraí scríofa

My Department has responsibility for the regulation of the foreshore under the Foreshore Act 1933, as amended. Foreshore is the shore and seabed between High Water Mark and the territorial seas (12 nautical miles from the shore).

It is not clear from the question where the proposed development will occur, therefore two options will need to be considered:

- In accordance with foreshore legislation if it is within the foreshore limits with no ancillary terrestrial elements, ie moored, then it will need Foreshore consent but Planning Permission from a Planning Authority or from An Bord Pleanála [Strategic Infrastructure Development] would not apply as it is not contiguous to the functional area of the Local Authority.

- If the proposed development had a terrestrial element, such as cables or other infrastructure, it has to be considered jointly so potentially Planning Permission from the relevant Planning Authority or An Bord Pleanála may apply under the Planning and Development legislation.

It should be noted under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case, with which a Planning Authority or An Bord Pleanála is or may be concerned.

Question No. 183 answered with Question No. 173.

Foreign Conflicts

Ceisteanna (184)

John Brady

Ceist:

184. Deputy John Brady asked the Minister for Foreign Affairs the planned response and action to deal with the crisis between Armenia and Azerbaijan. [29697/20]

Amharc ar fhreagra

Freagraí scríofa

At EU level the situation in the Nagorno-Karabakh region was discussed at the European Council on the 1st of October, where leaders called for an immediate cessation of hostilities and urged parties to recommit to a lasting ceasefire and the peaceful settlement of the conflict. The European Council clearly stated that there can be no military solution to the conflict, nor any external interference and called on Azerbaijan and Armenia to engage in substantive negotiations without preconditions. Leaders expressed support for the OSCE Minsk Group Co-Chairs and asked the EU High Representative to examine further EU assistance for the settlement process.

The UN Security Council Members also expressed support for Secretary-General Guterres’s call for an immediate halt to the fighting, and for the central role of the OSCE Minsk Group Co-Chairs. Ireland will continue to endorse these efforts, including when we join the United Nations Security Council in January of next year.

France, the United States and Russia held talks on 8 October. However Armenia did not attend. Russian mediated talks in Moscow followed on Saturday 10th October. This resulted in an agreement for a cease-fire for humanitarian purposes that has been under pressure since coming into force, with both sides accusing each other of violating its terms. Further talks are planned led by Russia, the United States and France this week with officials from the OSCE Minsk group.

Ireland joins those calling for an immediate cessation of hostilities and a return to the negotiating table, and we welcome and support the statements of the European Council and the OSCE Minsk Co-Chairs calling for this. I am deeply concerned by the recent clashes in the Nagorno-Karabakh region, in particular along the line of contact, which have regrettably led to the loss of life and severe injury, including civilian casualties. The alleged use of Cluster Munitions in any situation is deeply concerning. They pose unacceptably high risks to civilians, especially when used in populated areas. Furthermore, any indiscriminate use of, or impacts from, cluster munitions would be in contravention of International Humanitarian Law to which both Armenia and Azerbaijan must abide.

Ireland urges both sides to de-escalate tensions by refraining from inflammatory rhetoric and strictly observing the ceasefire. Only through negotiation, can there be a sustainable resolution and eventual reconciliation. The road to a peaceful resolution can be long and complex, as Ireland knows well, but progress grows from dialogue. Ireland fully supports the Minsk Process and we thank both the High Representative and the Co-Chairs Group for their efforts to de-escalate tensions over recent months.

We will continue to monitor this evolving situation closely.

Overseas Development Aid

Ceisteanna (185)

Cian O'Callaghan

Ceist:

185. Deputy Cian O'Callaghan asked the Minister for Foreign Affairs if he will preserve and enhance the Overseas Development Aid budget; and if he will make a statement on the matter. [29880/20]

Amharc ar fhreagra

Freagraí scríofa

The Government is firmly committed to growing Ireland's Official Development Assistance (ODA) programme. In 'Our Shared Future', the Programme for Government, the Government committed to making incremental, sustainable progress towards achieving the UN target of 0.7% of Gross National Income (GNI) to ODA by 2030. In making this commitment, the Government recognised that reaching 0.7% would require a significant expansion in ODA volumes over the next decade and that, at times, difficult choices would be required between competing priorities.

Progress is being made. From 2014 to 2020 Ireland's allocations to ODA grew from €614 million to almost €838 million, an increase of almost €21 million on the 2019 budget allocation and the sixth consecutive year allocations to ODA were increased.

Disability Act Employment Targets

Ceisteanna (186, 187, 188)

Cian O'Callaghan

Ceist:

186. Deputy Cian O'Callaghan asked the Minister for Foreign Affairs if there is provision for persons with a disability in the rapid response and election observer public competitions; and if he will make a statement on the matter. [29884/20]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

187. Deputy Cian O'Callaghan asked the Minister for Foreign Affairs his plans to reform the election observation roster; and if he will make a statement on the matter. [29885/20]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

188. Deputy Cian O'Callaghan asked the Minister for Foreign Affairs further to Parliamentary Question No. 109 of 23 September 2020, if the application forms of roster members that contain their addresses have been retained; if so, if he will provide a breakdown between roster members that gave an address in the island of Ireland versus those that live overseas; and if he will make a statement on the matter. [29886/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 186 to 188, inclusive, together.

The Department of Foreign Affairs enables participation in a range of volunteering opportunities overseas, typically involving placement with, or by, third party organisations and which are facilitated by the Department through a range of rosters, registers, initiatives and programmes, including the Election Observation Roster and the Rapid Response Corps.

The current, five-year Election Observation Roster of volunteers for nomination to EU and/or OSCE election observation missions was established on the basis of an open application process in 2018. It is effective as of 1 January 2019 and is set to run through 2023. Information on the Overseas Election Observation Roster is set out in the Note prepared for the Joint Committee on Foreign Affairs and Trade (JCFATD) attached to this response, as well as in the Composite Note published on the election observation pages of the Irish Aid website, also attached to this response.

As outlined in response to Parliamentary Question No. 109 of 23 September 2020, all Irish citizens are eligible to apply for inclusion on the Election Observation Roster irrespective of their place of residence, consistent with the principles of the Good Friday Agreement as well as Government policy on the diaspora. The Department of Foreign Affairs does not, as also outlined in the same response, keep any database of roster members' addresses or hold any breakdown by place of residence. The creation of a standalone record of addresses provided would constitute additional processing and storage of roster members' data contrary to data protection considerations, given that, as outlined, there is no residency requirement for roster members and, consequently, no business need to process residency/address data in this way. Further, it is likely that members of either roster could change address over its lifetime.

As highlighted above the Department of Foreign Affairs facilitates participation in a range of volunteering opportunities overseas. Although Ireland nominates observers, the final selection decision rests with the relevant third party organisation. Depending on the role and local context, volunteers may need to be able to operate in challenging circumstances. With regard to provisions for people with a disability in the application processes for the Election Observation Roster and the Rapid Response Corps, the Department of Foreign Affairs is committed to giving applicants' requests for reasonable accommodation at the application stage all due consideration, and to making accommodations as appropriate to ensure that applicants with a disability enjoy equal opportunity in the application process. Both rosters are currently closed to new members, both having been mustered through open, competitive processes in 2018.

Attachments:

1. https://www.irishaid.ie/media/irishaid/getinvolved/electionroster/Composite-Response.pdf

2. https://data.oireachtas.ie/ie/oireachtas/debates/questions/supportingDocumentation/2019-07-10_pq108-10-7-19_en.pdf

Visa Agreements

Ceisteanna (189)

Patrick Costello

Ceist:

189. Deputy Patrick Costello asked the Minister for Foreign Affairs the date on which and the reason it was decided that embassies would refuse to process the issuing of visas that have been granted for travel here; if this decision was made in relation to all embassies; and if not, the embassies to which it relates. [30003/20]

Amharc ar fhreagra

Freagraí scríofa

In line with advice from the Department of Justice and Equality, all our Embassies and Consulates abroad ceased accepting new visa applications or issuing visa stickers from 20 March 2020. The decision was taken as part of combined efforts to tackle COVID-19, in line with overall Government policy.

Throughout the COVID-19 pandemic, certain priority/ emergency visa applications continued to be processed by our Embassies and Consulates abroad, where possible and in accordance with local public health restrictions. The criteria for priority/ emergency visa applications were set out in the notice of 21 March on the website of Immigration Service Delivery (http://www.inis.gov.ie/en/INIS/Pages/COVID-19-updates-and-announcements).

In line with the advice from the Department of Justice and Equality, it remains the case that our Embassies abroad are not in a position to accept short-stay visa applications other than for priority/emergency cases. As per the notice of 25 September (http://www.inis.gov.ie/en/INIS/Pages/visas-updates), the Department of Justice and Equality expanded the priority/ emergency criteria to include those specific categories of travellers identified in the EU Council Recommendation (EU) 2020/912 of 30 June 2020 as having an essential function or need.

These include the following:

- Healthcare professionals, health researchers, and elderly care professionals;

- Immediate family members of Irish citizens (who are returning to their ordinary place of residence in Ireland);

- Persons legally resident in the State;

- Persons entitled to avail of the provision of the EU Free Movement Directive;

- Transport personnel engaged in haulage of goods and other transport staff to the extent necessary;

- Frontier workers;

- Seasonal workers in agriculture;

- Diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and humanitarian aid workers and civil protection personnel in the exercise of their functions;

- Passengers in transit;

- Passengers travelling for critical family reasons;

- Seafarers;

- Persons in need of international protection or for other humanitarian reasons;

- Third-country nationals travelling for the purpose of 3rd level study;

- Highly qualified third-country workers if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad.

A limited resumption of visa services for certain long-stay visa applications was announced by the Department of Justice and Equality at the end of June. It is intended that our Embassies and Consulates abroad will resume the full visa service once public health concerns have abated, in accordance with advice from the Department of Justice and Equality and in line with overall Government policy.

EU Issues

Ceisteanna (190)

Aengus Ó Snodaigh

Ceist:

190. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he has outlined the Irish position on the move by the EU to qualified majority voting with regard to the EU and foreign policy to the EU Commission (details supplied). [30046/20]

Amharc ar fhreagra

Freagraí scríofa

Ireland is strongly supportive of efforts to develop a more coherent, effective and strategic EU Common Foreign and Security Policy. The Member States of the EU can be most influential in addressing the increasingly complex and protracted crises the world faces today when they act and speak in unison.

If the EU is to successfully promote its founding values of human dignity, freedom, democracy, equality, the rule of law and human rights in matters of foreign policy, it needs to be able to use all the instruments at its disposal in a strategic and agile manner. This is particularly true in the current geopolitical environment, where, regrettably, these values are being challenged and undermined with ever greater frequency.

In this context, consideration has been given in EU discussions to extension of the use of qualified majority voting (QMV). As stated in Article 31 (3) of the Treaty on European Union (commonly referred to as the passarelle clause), the extension of the use of QMV in matters of EU Common Foreign and Security Policy would have to be agreed unanimously by the European Council. Unanimous support for such a decision does not currently exist within the European Union. In certain limited circumstances, as outlined in Article 31 (2) of the Treaty on European Union, there is already scope for the Council to act by QMV in matters of EU Common Foreign and Security Policy.

I should stress that QMV will of course never be our preference for the adoption of Common Foreign and Security Policy actions, not least to ensure that the full weight of EU Member States is behind any decisions we take. Ireland will continue to advocate for all Member States to demonstrate flexibility, solidarity and unity in the adoption of timely and appropriate measures, in order to allow for the EU to act in support of its core principles, interests and values.

Defence Forces Operations

Ceisteanna (191)

Gino Kenny

Ceist:

191. Deputy Gino Kenny asked the Minister for Defence if he will address a matter (details supplied); and if he will make a statement on the matter. [29569/20]

Amharc ar fhreagra

Freagraí scríofa

I am advised that the Defence Forces have issued guidance for the use of workspaces and accommodation. This guidance was designed taking into consideration the public health guidelines that are currently in operation, with priority to ensuring protection of personnel and equipment. The guidance is based on the scientific advice that social distancing, along with the maintenance of personal and environmental hygiene standards, remains the best way to stop the spread of COVID-19, including in workplaces, shared facilities and accommodation.

My Department is further advised by the Defence Forces that 16 personnel in a room is not contrary to their Covid 19 Guidance.

Defence Forces Properties

Ceisteanna (192)

Neale Richmond

Ceist:

192. Deputy Neale Richmond asked the Minister for Defence the status of the former married quarters in the Curragh military camp; and if he will make a statement on the matter. [29574/20]

Amharc ar fhreagra

Freagraí scríofa

When former married quarters become vacant, their future use is considered in the context of ongoing military requirements, including the provision of Single Living In (SLI) accommodation for serving personnel. The provision of married quarters to serving personnel is no longer provided. This has been a long standing policy.

In relation to overholders, my Department continues to seek to regularise overholding matters without recourse to legal action where possible. The provision of housing for members of the public is a matter in the first instance for the Minister for Housing, Planning and Local Government.

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