Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Wednesday, 6 Mar 2024

Written Answers Nos. 132-150

Road Traffic Offences

Ceisteanna (133, 134)

Sorca Clarke

Ceist:

133. Deputy Sorca Clarke asked the Minister for Justice the number of static roadside speed cameras that detected excessive speeding in County Longford for 2023, 2022 and 2021; and if she will make a statement on the matter. [10884/24]

Amharc ar fhreagra

Sorca Clarke

Ceist:

134. Deputy Sorca Clarke asked the Minister for Justice the number of static roadside speed cameras that detected excessive speeding in County Westmeath for 2023, 2022 and 2021; and if she will make a statement on the matter. [10885/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 133 and 134 together.

As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána,  which includes the enforcement of road traffic legislation. As Minister, I have no role in such matters.

I am informed by Garda authorities that An Garda Síochána is committed to working closely with all road safety agencies to focus on high risk behaviour with the key objective of reducing the number of serious injury collisions and fatalities on our roads.

Budget 2024 provides for 800 - 1000 new Garda recruits. As we continue to increase the number of Gardaí towards our current target of 15,000, I expect that the Commissioner will be in a position to allocate additional Gardaí to specialist units, including the roads policing unit.  

Also as part of Budget 2024, €3.6m additional funding has been allocated for GoSafe speed cameras, to continue the increased level of 9,000 hours a month announced last year through the whole of 2024.

I am advised that the Garda National Roads Policing Bureau reported that there are no static speed cameras deployed in County Longford and County Westmeath.

The role of the Safety Camera Contract is critical in the context of road traffic enforcement, improving road safety by changing driver behaviour. This is in order to reduce road traffic fatalities and serious injuries by reducing the incidence of drivers exceeding stipulated speed limits, in circumstances where speeding is known to be a significant factor behind serious collisions.

The Deputy will be interested to know that An Garda Síochána and GoSafe recorded over 900 detections for speeding during National Slow Down Day which ran from 7am on Thursday 29 February 2024 to 7am on Friday 1 March 2024.

Further information on speed safety cameras can be found on the Garda website at the following link:  garda.ie/en/roads-policing/safety-cameras/

Question No. 134 answered with Question No. 133.

Citizenship Applications

Ceisteanna (135)

Bernard Durkan

Ceist:

135. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in determination of application for citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [10895/24]

Amharc ar fhreagra

Freagraí scríofa

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process, customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.

In a little over two years the Citizenship Division of my Department has gone from processing around 12,000 applications a year to processing over 20,000 applications. This 66% increase in processing has been achieved through digitising and streamlining processes.

Finally, I can advise the Deputy that the Citizenship Division of my Department continues to communicate regularly with all applicants to keep them informed as to updates on processing times and arrangements.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Departmental Staff

Ceisteanna (136)

Carol Nolan

Ceist:

136. Deputy Carol Nolan asked the Minister for Justice to clarify the number of redundancies, or so called ‘exit-packages’, that have been paid to staff or personnel at any level of seniority in her Department, or in any agency or body under the aegis of her Department, from 2018 to date; the value of each and the total value, in tabular form; and if she will make a statement on the matter. [10990/24]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand. 

Departmental Staff

Ceisteanna (137)

Catherine Murphy

Ceist:

137. Deputy Catherine Murphy asked the Minister for Justice the number of exit and or severance and or redundancy packages granted by her Department, and bodies under her aegis, and of bodies he funds in full or in part, of €200,000 and above in the years 2019, 2020, 2021, 2022, 2023 and to date in 2024; and if she will provide the amount of same, body, name and year. [11019/24]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand. 

Paramilitary Groups

Ceisteanna (138)

Éamon Ó Cuív

Ceist:

138. Deputy Éamon Ó Cuív asked the Minister for Justice the progress made since the return of Stormont to implement the strong recommendation of the Independent Reporting Committee which works to end paramilitarism, in relation to structured dialogue with paramilitary organisations; and if she will make a statement on the matter. [11093/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Independent Reporting Commission (IRC) is the body established under the Fresh Start Agreement 2015 to report on measures aimed at ending paramilitarism. The Reports of the Commission provide a comprehensive insight into the work that is being done to tackle paramilitary activity in Northern Ireland and they set out a pathway to achieving progress.

The Commission remains committed to the twin track approach to tackling paramilitarism. That is a policing and justice response, side by side with a comprehensive addressing of the systemic, socio-economic issues facing communities where the paramilitaries operate. The Commission continues to see the need for a third dimension to tackle paramilitarism, namely the undertaking of a process of engagement with the paramilitary groups themselves, aimed at group transition and the end goal of disbandment.

The Governments have discussed the analysis and recommendations of the Commission and acknowledge that additional steps are needed to definitively achieve the ending of paramilitarism. It is simply not acceptable that paramilitarism be allowed to be perpetuated for this and future generations.

One of the recommendations in the fifth report is that the two Governments consider appointing an Independent Person to engage and report in detail on the question of the possible establishment of a formal process of comprehensive group transition. Both Governments agree that the Commission's recommendation has the potential to make a positive contribution, and will continue our joint work to consider this recommendation including at the next meeting of the British Irish Intergovernmental Conference due to take place shortly.

While the IRC recommendation is focussed on the two Governments, it also recognises the role of the Executive. Indeed, the IRC report that Phase Two of the Executive programme for tackling paramilitary activity and organised crime is achieving tangible benefits on the ground. The IRC has been clear that achieving the goal of tackling paramilitarism will require political leadership from every quarter and I welcome that we now have a functioning Executive that can represent the interests of the people of Northern Ireland and deal with the issues and challenges that Northern Ireland faces at present. 

Parole Boards

Ceisteanna (139)

Éamon Ó Cuív

Ceist:

139. Deputy Éamon Ó Cuív asked the Minister for Justice the number of recommendations received by her Department from the Parole Board since its inception; the number of these that are awaiting decision; and if she will make a statement on the matter. [11094/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware the Parole Board, as provided for under the Parole Act 2019, was established on 31 July 2021. The 2019 Act placed the parole process on a statutory footing and established an independent, statutory Parole Board to decide on parole applications. 

The Parole Board makes its decisions to grant or refuse parole independently from the Minister for Justice and as such does not submit recommendations to the Minister.

I can advise the  Deputy that the Parole Board does notify the Minister of decisions it has made to grant parole.

An Garda Síochána

Ceisteanna (140)

Patricia Ryan

Ceist:

140. Deputy Patricia Ryan asked the Minister for Justice for a breakdown of the number of Garda officers, by rank, attached to all south Kildare Garda stations for the years 2020, 2021, 2022 and 2023, in tabular form ; the number of Garda officers who retired from Kildare south Garda stations in 2020, 2021, 2022 and 2023, in tabular form; and if she will make a statement on the matter. [11100/24]

Amharc ar fhreagra

Freagraí scríofa

I have contacted the Garda authorities for the information requested by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand. 

Departmental Staff

Ceisteanna (141)

Alan Kelly

Ceist:

141. Deputy Alan Kelly asked the Minister for Justice to list all staff/management exit packages for staff/management in their Departments that they sanctioned since 2016 (details supplied). [11164/24]

Amharc ar fhreagra

Freagraí scríofa

My Department ensures that staff/management exit packages are managed in compliance with the requirements of DPENDR Circular 09/2018 which sets out standards for arrangements for the offer of severance terms in the civil and public service. 

Severance terms sanctioned by the Department of Public Expenditure, NPD Delivery and Reform are based on salary, aligned to civil service pay scales, and years’ service. All such severance/ex-gratia payments are calculated and paid out by the National Shared Services Office and published each year in the Department’s Appropriation Account.

I am informed that for the period requested the only severance payments relate to Ministerial personal staff who were employed on temporary contracts and were entitled to severance/ex-gratia payments, including statutory redundancy when such contracts were terminated, which occurred following a change of Government in 2016 and again in 2020. 

Details of these severance payments are provided in the table below.

Year

Role

Sanctioned by DPENDR

2020

Special Advisor

Yes

2020

Special Advisor

Yes

2020

Driver

Yes

2020

Driver

Yes

2016

Special Advisor

Yes

2016

Personal Assistant

Yes

2016

Driver

Yes

Legislative Measures

Ceisteanna (142)

Josepha Madigan

Ceist:

142. Deputy Josepha Madigan asked the Minister for Justice for an update on the status of the Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023; and if she will make a statement on the matter. [11182/24]

Amharc ar fhreagra

Freagraí scríofa

My Department has acknowledged the seriousness of spiking and the potentially devastating effects on victims.  

Spiking is already a criminal offence under Section 12 of the Non-Fatal Offences Against the Person Act 1997. This provides for a general offence of administering a substance capable of interfering with the victim’s bodily functions. Where spiking is committed with intent to commit a further offence (such as sexual assault or theft), that further offence, or an attempt to commit it, may also be charged. 

A number of legislative proposals have been made on this issue, including most recently the introduction of a Private Members’ Bill in the Seanad in May 2023, which proposes a new offence covering the administration of a substance with intent to sedate or overpower for the purposes of engaging in a sexual act, make a gain or cause a loss, or commit any other offence. This PMB has passed the Seanad. 

Submissions have been received from the DPP and the Gardaí on the relevant issues which are being considered and this will help inform the next step as regards any legislative change that may be needed. 

In December 2021 Minister Harris and I launched an information campaign with the Union of Students of Ireland to raise awareness of the signs of drink ‘spiking’ and to give guidance on how to help potential victim. The initiative featured on various social media platforms.  

 This was primarily an information campaign. It gave people information on spiking – for example, what exactly spiking is, what signs to look out for, and what to do if you think you or a friend have been targeted. It also spelled out to perpetrators or potential perpetrators that spiking is a very serious offence. Anyone who may have been a victim or witness – assault or sexual assault – is urged to report it to the Gardaí.

Visa Applications

Ceisteanna (143)

Joe Flaherty

Ceist:

143. Deputy Joe Flaherty asked the Minister for Justice the current processing times for de facto partnership visa applications; and if she will make a statement on the matter. [11194/24]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that all De Facto Preclearance applications are processed in the Dublin Visa Office.

The Dublin Visa Office are currently processing De Facto (unmarried) Partner of Irish National applications received, in the Dublin Visa Office, on 13 November 2023.

The Dublin Visa Office are currently processing De Facto (unmarried) Partner of Critical Skills Employment Permit (CSEP/HA) applications received, in the Dublin Visa Office, on 10 November 2023.    

Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:

www.irishimmigration.ie/visa-decisions/

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on the Immigration Service website. When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter and the appeal should include any further information or additional documentation they wish to have considered.

Departmental Licences

Ceisteanna (144)

Michael Ring

Ceist:

144. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a decision will issue on an application (details supplied); and if he will make a statement on the matter. [10930/24]

Amharc ar fhreagra

Freagraí scríofa

My Department considers all applications for aquaculture licences in accordance with the provisions of the Fisheries (Amendment) Act, 1997, the Foreshore Act, 1933(as amended) and applicable National and EU legislation.  The licensing process is complex and involves consultation with a wide range of scientific and technical advisors, as well as various Statutory Consultees.  The legislation also provides for a period of public consultation. 

The time for processing an aquaculture licence varies depending on a number of factors including location, species, scale and intensity of production, statutory status of sites and potential visual impact.  My Department also takes full account of all scientific and technical advice, in addition to all issues identified during the public and statutory consultation phases.  Further factors that can impact the time taken to process an application can include; the requirement for an Appropriate Assessment and whether the application is required to be accompanied by an Environmental Impact Assessment Report; the need for additional underwater or archaeological assessments; consideration of any submissions or observations raised during the public consultation period, etc.

Decisions in respect of aquaculture licence applications are only taken following the fullest consideration of all scientific, legislative, technical and public interest elements of each application.

As the application referred to by the Deputy is currently under consideration it would not be appropriate for me to comment further on individual applications.

Forestry Sector

Ceisteanna (145)

Colm Burke

Ceist:

145. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine what supports are available to an organisation (details supplied) to ensure that their project can continue to thrive; and if he will make a statement on the matter. [10973/24]

Amharc ar fhreagra

Freagraí scríofa

The €1.3 billion funded Forestry Programme 2023-2027 provides a range of schemes to support the establishment and management of forests in Ireland. Sustainably managed forests make a significant contribution to the rural economy and contribute to Irelands climate targets by removing carbon dioxide from the atmosphere through sequestration and the storage of carbon in harvested wood products.

It is important to note that an afforestation licence is required for all new forest projects (with the exception of the Native Tree Area Scheme) where the area involved is greater than 0.1 hectares (approximately 0.25 acres). If a landowner wishes to afforest an area of greater than 0.10 hectare either with or without grant aid, they are required to apply for an afforestation licence which must be submitted through a Registered Forester. My Department assesses all afforestation licence applications, i.e. grant-aided and non-grant aided, in the same manner.

My Department does not currently provide funding to distribute free native trees. However, the new Afforestation Scheme, which opened on the 06th September 2023, offers generous incentives for landowners to engage with forestry. It offers a choice of 12 Forest Types, covering a broad range of planting options. My Department covers 100% of the costs to establish these forest types, alongside an annual premium of up to 20 years for farmers, compared to 15 years for non-farmers across most forest types. All payments and earnings are income tax free.

The annual broadleaf target for this Programme has also increased from 30% to 50% of total annual planting. This is reflected in a substantial increase of 66% in premium rates for the establishment of a native forest with €1,103 per hectare available to plant native forests and €1,142 per hectare payable for native forests for water over a period of 15 or 20 years. In addition, the programme contains a new Native Tree Area Scheme, which builds on a recent amendment to the Forestry Act 2014 that removed the licensing requirement for the planting of native woodland in areas not greater than one hectare. This aims to increase and encourage interest in small-scale planting and offers premiums of up to €2,284 for 10 years. 

The project referenced may also be interested in the “Call for Proposals for Forestry Promotion Projects” within the Forestry Programme 2023-2027. In order to encourage farmers and other landowners to plant and to raise the profile of forestry as a public good and a commercially viable enterprise, the Department invites applications for funding for projects which support and highlight the multiple benefits of Forestry. While applications for the 2023/2024 period have now closed, new calls will open periodically over the duration of the programme.  To date 42 projects have been selected to receive  €1.6 million in funding to promote forestry through a variety of approaches. 

My Department has contacted the organisation in question directly to discuss this matter and in particular to explain the Forestry Promotions initiative.

Further details of the schemes available under the new Forestry Programme 2023 – 2027 are also available on my Departments website www.gov.ie/en/publication/e384e-forestry-grants-and-schemes/ 

Agriculture Schemes

Ceisteanna (146)

Jackie Cahill

Ceist:

146. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if the subsidies paid to farmers affected by ash dieback will be liable for any form of taxation; and if he will make a statement on the matter. [10978/24]

Amharc ar fhreagra

Freagraí scríofa

It is important to point out that  taxation is a matter for the Minister of Finance and the Revenue Commissioners. 

The only funding scheme available to ash forest owners currently is the Reconstitution of Ash Dieback scheme. This scheme is a cost based scheme of grants for site clearance and re-planting and payments under this scheme would not, therefore, be considered income subject to taxation. Many ash owners will be recipients of subsequent premiums under their original ash planting scheme and these will continue along with a top up premium. Premiums are not subject to income tax but may be subject to USC.

Minister of State Pippa Hackett is currently preparing an action plan on ash dieback to bring to Cabinet. The details of this action plan will be published after Cabinet approval. 

Departmental Staff

Ceisteanna (147)

Carol Nolan

Ceist:

147. Deputy Carol Nolan asked the Minister for Agriculture, Food and the Marine to clarify the number of redundancies, or so called ‘exit-packages’, that have been paid to staff or personnel at any level of seniority in his Department, or in any agency or body under the aegis of his Department, from 2018 to date; the value of each and the total value, in tabular form; and if he will make a statement on the matter. [10979/24]

Amharc ar fhreagra

Freagraí scríofa

My Department facilitates  severance and redundancy payments in accordance with the Terms set out by the Department of Public Expenditure, NDP Delivery and Reform.

Details of severance and redundancy payments for former staff in my Department for the years 2018 to date are shown in the table below:

Role in Department

Description of Payment

Year of Payment

Amount of payment

Special   Advisor to Minister of State

Severance

2020

€11,684

Minister’s Civilian Driver

Severance and Redundancy

2020

Severance          €8,772.54

Redundancy      €5,543.46

 

Total:                   €14,316.54

Special Advisor to Minister

Severance and Redundancy

2020

Severance         €85,358.01

Redundancy     €15,876

 

Total:                 €101,234.01

Special Advisor to Minister

Severance and Redundancy

2020

Severance         €67,780.15

Redundancy     €15,828

 

Total:                 €83,608.15

Minister’s Civilian Driver

Severance and Redundancy

2020

Severance         €15,770.64

Redundancy     €7,644

 

Total:                 €23,414.64

Minister’s Civilian Driver

Severance and Redundancy

2020

Severance         €11,424.36

Redundancy     €5,424

 

Total:                 €16,848.36

Minister’s Civilian Driver

Severance and Redundancy

2020

Severance         €8,679.15

Redundancy     €5,496

 

Total:                 €14,175.15

Minister’s Civilian Driver

Severance and Redundancy

2023

Severance         €4,915.18

Redundancy     €3,264

 

Total:                 €8,179.18

 The Question of redundancy payments to staff in the State Bodies under the aegis of my Department is an operational matter for the Bodies themselves.  I have asked the State Bodies to reply directly to the Deputy on this matter.

Forestry Sector

Ceisteanna (148)

Michael Fitzmaurice

Ceist:

148. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the total area of land submitted at form one stage of the 20 licences issued week ending 23 February 2024 and the net area of land actually approved for the same licences, in tabular form; and if he will make a statement on the matter. [10997/24]

Amharc ar fhreagra

Freagraí scríofa

There are a variety of reasons that an application may be reduced in area from what was originally submitted.

Applications are assessed for silvicultural suitability and to ensure they align to DAFM scheme standards. Through the assessment process my Department considers various environmental sensitivities which can require the exclusion of areas from applications to avoid negative effects on the environment. The overall area of land approved can be impacted by, for example,  Blanket peats, Curlew breeding buffer areas or Freshwater pearl mussel Top 8 catchments.  Further information and guidelines can be found on my Departments website at gov - Regulation, Forest Health and Resources (www.gov.ie) which details the various requirements for Afforestation.

The table below details the area submitted and area approved for the 20 licences issued week ending 23rd February, 2024

No. of licences

Total area submitted

Nett area of land approved

20

189ha

164ha

Agriculture Schemes

Ceisteanna (149)

Claire Kerrane

Ceist:

149. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will advise on any delays to payments under the organic farming scheme; if delays to other farm payments such as ACRES have caused delays to payments for organics; if this is the case what measures are his Department taking to address the issue; and if he will make a statement on the matter. [11002/24]

Amharc ar fhreagra

Freagraí scríofa

Organic Farming Scheme (OFS) payments commenced on 7th December 2023. To date, 96% of participants have been paid. The remaining 4% of cases with payments outstanding are a priority for my Department. Payments are issuing on a weekly basis, and it is expected that the majority of these will be paid in the next 4 weeks. The timing of ACRES payments has no impact on OFS payments. 

Agriculture Schemes

Ceisteanna (150)

Claire Kerrane

Ceist:

150. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 95 of 28 February 2024, if he will engage with any farmers whose ACRES payments may be affected by the introduction of this rule and consider them on an individual basis given it has been raised that farmers were unaware of this rule and he confirmed that the implementation of the rule was under review; if a timeline can be provided for when farmers whose ACRES scoring is affected as a result of the rule will be notified; and if he will make a statement on the matter. [11003/24]

Amharc ar fhreagra

Freagraí scríofa

I assume that the Deputy is referring to the assessment of certain commonage lands for payment under the Agri-Climate Rural Environment Scheme (ACRES).

As turf cutting could potentially have a disproportionate impact on commonage scores, a protocol was put in place last year whereby the active turbary area plus a buffer zone of 100 metres was applied when delineating turbary field boundaries. This buffer is not applied where there is a distinct hydrological divide between the active turbary area and the adjacent commonage (such as, for example, a watercourse, a road or an abrupt change in slope to rocky terrain). The protocol, and the buffer as part of this, balanced the need to protect the environmental integrity of the ACRES scheme - and of the CAP Strategic Plan as a whole - and the need to ensure that commonage owners are treated in a fair and proportionate way for effective environmental action.

As previously indicated, my Department’s judgement is that this system will not have a significant overall impact on the payments received by commonage shareholders, although there may be some exceptions.

I would like to reiterate that ACRES payments are made up of other elements, including farm size, scores received on other non-commonage lands and actions chosen. 

My Department is continuing to process the relevant data which will determine the amount of the ACRES payments to be made in June 2024. A summary of the scores achieved, where appropriate, will then be issued to all participants. It would be premature of my Department to inform ACRES participants of any scores before the relevant data has been fully processed.

 

Barr
Roinn