Written Answers Nos. 179-193
179. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal application under the rural environment protection scheme for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [8515/16]
View answerThe basic 2014 REPS4 payment due to the person named was made in March 2015. Penalties were imposed in relation to this payment which meant that the amount was reduced significantly. The Department is conducting a full review of the penalties imposed in this case. It is expected that this review will be concluded within the next two weeks. At that stage, the person named will be informed directly of the outcome of the review. If the person named remains dissatisfied following the outcome of the review, they may appeal that decision to the independent Agriculture Appeals Office within three months of the date of the review letter.
180. Deputy Gerry Adams asked the Minister for Defence when he will commence the application process for recruitment to the Irish Army in 2017; the entrance criteria he will set; the educational criteria he will set for applicants from the North of Ireland; and if he will make a statement on the matter. [8335/16]
View answerThe Government is committed to maintaining the stabilised strength of the Permanent Defence Force at 9,500 personnel, comprising of 7,520 Army, 886 Air Corps and 1,094 Naval Service as stated in the 2015 White Paper on Defence. The manpower requirement of the Defence Forces is monitored on an ongoing basis in accordance with the operational requirements of each of the three services, the establishment of the Permanent Defence Force and available resources. As there is significant turnover of personnel in the Permanent Defence Force targeted recruitment takes place so as to maintain personnel numbers at or near the agreed strength levels as set out above in accordance with available training capacity. This approach is underlined by the recently announced General Service recruitment campaign, which was launched on 13 April 2016 with a closing date of 22 May 2016, and envisages an intake of 600 general services recruits in 2016 and a further 850 in 2017. This recruitment will be phased over the 2016 and 2017 period in a manner designed to restore the established strength and plans are being put in place to this end. Most of the new recruits this year will be drawn from the existing General Service panel. A new panel will be established from the current competition. Recruitment from this new panel is expected to commence towards the end of 2016 and will continue through 2017 and into 2018. It is too early at this stage to predict whether and when a 2017 competition may be required, as it will depend on the numbers who are successful in the current competition and are placed on the panel and the level of turnover in the Defence Forces.
The criteria that apply to all applicants for the 2016 General Service Recruitment Competitions require that they must undergo psychometric tests, a fitness test, a competency based interview, a medical examination and undergo Security Clearance. Applicants must be at least 18 years of age and under 25 years of age on the closing date of applications for the Army, and must be at least 18 years of age and under 27 years of age on the closing date of applications for the Naval Service. No formal education qualifications are required to join the Defence Forces as a recruit. However, applicants must satisfy the Interview Board and the Recruiting Officer that they possess a sufficient standard of education for service in the Permanent Defence Force. I am advised that educational standards for those who do not sit exams in the State are governed by the National University of Ireland set equivalent.
With the support of the Chief of Staff and within the resources available, it is intended to retain the capacity of the Defence Forces to operate effectively across all roles and to undertake the tasks laid down by Government both at home and overseas.
181. Deputy Seán Haughey asked the Minister for Defence if he will restore pay and duty allowances which have been cut in recent years to members of the Permanent Defence Force; and if he will make a statement on the matter. [8450/16]
View answerRates of remuneration and conditions of employment in the Irish public sector have traditionally been set by reference to relative levels of pay across the various sectors of the Irish public sector. The Financial Emergency Measures in the Public Interest Acts of 2009-201 5 and the Public Service Stability Agreement 2013-2018 (Lansdowne Road Agreement) define current pay policy. Under the terms of the Public Service Stability Agreement 2013-2018 (Lansdowne Road Agreement), with effect from 1 January 2016, the exemption threshold for payment of Pension Related Deduction (PRD) increased from €15,000 per annum to €26,083 per annum and on 1 January 2017 it will further increase to €28,750. This means for all public servants, including members of the Permanent Defence Force that by the start of 2017 remuneration below €28,750 will no longer be liable to PRD which will reduce the impact for PRD affected public servants by €1,000.
For the majority of public servants, including members of the Permanent Defence Force (PDF), in addition to the PRD benefits outlined above, there is a significant reduction, weighted in favour of the lower paid, of the pay cuts suffered under the 2009 FEMPI legislation. These come in the form of increases in gross pay in 2016 for those on lower pay (up to €31,000) and in 2017 for all on pay up to €65,000.
For any public servant, including members of the PDF, whose annualised salary is below €24,001 there was an increase in gross pay of 2.5% from 1 January 2016. For those on annualised salaries between €24,001 and €31,000 there was an increase in gross pay of 1% from 1 January 2016. For all those on annualised salaries up to €65,000 there will be an increase in gross pay of €1,000 from 1 September 2017.
Lastly, Paragraph 5.3 of the Public Service Stability Agreement 2013-2018, (Lansdowne Road Agreement), states that “The Parties have agreed that any outstanding adjudications as referred to in paragraph 1.16 of the Public Service Agreement 2010-2014 will be reviewed jointly by the Parties prior to the expiry of this agreement.” The review mechanism is the subject of ongoing consideration in the Department of Public Expenditure and Reform.
182. Deputy Róisín Shortall asked the Minister for Justice and Equality the ownership of a plot of land (details supplied) in Dublin 9, given the ongoing issue regarding right of way on the land. [8052/16]
View answerThe Property Registration Authority (PRA) which manages the Land Registry and Registry of Deeds is the registering body in relation to property in Ireland.
I am advised by the Land Registry that a search has been carried out and it appears that the property referred to in Dublin 9 is unregistered property. While it is possible to conduct a search in the Registry of Deeds, Henrietta Street, it is difficult to establish the name of an owner from the records held there. This is because the Registry of Deeds is a register of grantors and not a register of owners. In order to carry out a search, the person enquiring would usually need to know the name of the grantor (i.e. the name of the person who sold or granted the property to the current owner).
In order to assist the Deputy further with her enquiry, my Department has also raised this matter with the Valuation Office, which provides valuations for rating purposes in relation to the occupation of rateable property. In this case, however, the Valuation Office has advised that there is no rated occupier for the plot of ground in question.
183. Deputy Sean Fleming asked the Minister for Justice and Equality the progress in relation to the employment of persons with a disability in the public service; the target and number which have been employed in each of the past three years; the number being employed with a physical disability; the number employed with an intellectual disability; and if she will make a statement on the matter. [8128/16]
View answerAs well as the prohibition on discrimination contained in the Employment Equality Acts (which apply to all employers), Part 5 of the Disability Act 2005 obliges public bodies in so far as is practicable to take all reasonable measures to support and promote the employment of people with disabilities. The Government agreed in October 2015 that the existing employment target of 3% in the public service should be increased progressively to 6% over the life time of the Comprehensive Employment Strategy for People with Disabilities 2015 - 2024. The number of persons with disabilities employed in the public service is monitored and reported on annually by the National Disability Authority. The Authority's 2014 Report on Compliance with Part 5 of the Disability Act 2005 on employment of People with Disabilities in the Public Service was laid before the House in January last and contains the information sought by the Deputy except for the year 2015 which is not yet available. For ease of reference, the figures for the years 2011-2014 are repeated below and show a continuing upward trend over the period. Given the wide spectrum of disabilities involved and the self-declaratory nature of disclosure by employees, disaggregated data by category of disability is not available.
Table 1: Progress towards 3% Target, 2007-2014
|
Year |
Total staff |
Recorded no. of staff with disabilities |
% of total staff |
|
2011 |
205,067 |
6,171 |
3.1% |
|
2012 |
197,588 |
6,611 |
3.3% |
|
2013 |
192,575 |
6,464 |
3.4% |
|
2014 |
195,278 |
6,771 |
3.5% |
184. Deputy Tony McLoughlin asked the Minister for Justice and Equality the reason for the eight-month delay in responding to an application for a visa by a person (details supplied); when she will issue a decision on this; and if she will make a statement on the matter. [8253/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to by the Deputy was submitted to the Visa Office in Abu Dhabi on the 09/07/2015 and is currently under consideration. Officials will be in contact with the applicant and sponsor as soon as a decision is made. The business target for applications of this type is to issue a decision within 12 months, as per the Policy Document on Non-EEA Family Reunification.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS 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.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
185. Deputy David Cullinane asked the Minister for Justice and Equality her plans to introduce corporate manslaughter legislation; and if she will make a statement on the matter. [8377/16]
View answerFollowing a Government decision which approved in principle the preparation of a general scheme of a Criminal Justice (Corporate Manslaughter) Bill, an inter-departmental working group consulted key stakeholders and prepared a Regulatory Impact Analysis, to assess the cost benefits and impacts associated with such legislation.
The Regulatory Impact Analysis will inform the development of legislative proposals. At this stage it is not possible to indicate when legislation will be introduced.
186. Deputy Pat Deering asked the Minister for Justice and Equality if educational facilities such as speech and drama schools and music schools are exempt from commercial rates. [8391/16]
View answerThe Valuation Act 2001 provides in Schedule 3, Sections 1(a) and (b) that all buildings and lands used and developed for any purpose including constructions affixed thereto are rateable. The basic premise under the Act is that all interests (including buildings) and all developed lands are rateable unless expressly exempted under Schedule 4.
The educational exemption in paragraph 10 of Schedule 4 is stated as follows:
"Any land, building or part of a building occupied by a school, college, university and institute of technology or other educational institution and used exclusively by it for the provision of the educational services referred to subsequently in this paragraph and otherwise than for private profit, being a school, college, university institute of technology or other educational institution as respects which the following conditions are complied with -
(a) (i) it is not established and the affairs of it are not conducted for the purposes of making a private profit, or
(ii) the expenses incurred by it in providing the educational services concerned are defrayed wholly or mainly out of moneys provided by the Exchequer, and
(b) in either case, it makes the educational services concerned available to the general public (whether with or without a charge being made therefor)."
Where a facility such as those referred to by the Deputy meets the criteria described in paragraph 10, it would be exempt from rates. However, the grant of exemption in individual cases will depend on the particular circumstances of the property and without knowing the detail it is not possible to give the Deputy a more precise answer.
The rateable valuation of all property is based on net annual value (NAV) i.e. the rental value of the property. Any ratepayer dissatisfied with the rateability of a property, the valuation assessed on a particular property or the method of calculation can appeal to the Valuation Tribunal, an independent body set up for such purposes. There is also a further right of appeal to the High Court and ultimately to the Supreme Court on a point of law.
187. Deputy Josepha Madigan asked the Minister for Justice and Equality when the Assisted Decision-Making (Capacity) Act 2015 will commence; the funding she has allocated for the decision support service in 2016; and if she will make a statement on the matter. [8629/16]
View answer216. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to commence the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [8312/16]
View answer217. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when funding will be provided to establish a decision support service under the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [8313/16]
View answer231. Deputy Finian McGrath asked the Minister for Justice and Equality her views on correspondence (details supplied) regarding the Assisted Decision-Making (Capacity) Act 2015 and the commencement date of this Act; and if she will make a statement on the matter. [8480/16]
View answerI propose to take Questions Nos. 187, 216, 217 and 231 together.
The Assisted Decision-Making (Capacity) Act 2015 was signed into law by the President on 30 December 2015 but has not yet been commenced. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the legislation comes into force. The Mental Health Commission is an agency under the Department of Health, and the Department of Justice and Equality will be liaising with the Department of Health in bringing the service into operation, including in respect of the financial implications. Minister of State Kathleen Lynch indicated during the debates on the Bill in the Seanad, that commencement of this Act is planned for the latter half of 2016 and this remains the position.
Deputies will appreciate that careful planning and groundwork, and not just funding, has to be put in to ensure that the commencement of the legislation is correctly, appropriately and effectively handled and my officials are working carefully on this at present in consultation with the Department of Health.
188. Deputy Niall Collins asked the Minister for Justice and Equality if the criteria have changed for persons (details supplied) applying for a stamp 0 to remain in the State. [8050/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the criteria for persons wishing to retire in the state was reviewed in 2014 and a notice was placed on the website www.inis.gov.ie in March 2015 aimed at clarifying and standardising the terms and conditions in respect of applications from retired foreign nationals seeking to come and live in Ireland. Prior to that more ad hoc arrangements were applied in this area.
The key financial consideration in respect of a retiree is that the person must have sufficient and sustainable resources to ensure that they will not now, nor in the future become a burden on the State. This is a fair and reasonable expectation on the part of the State and, in the case of retirees, the income level was set at €50,000 per person per annum. The applicant would also be expected to have a lump sum significant enough to cater for unforeseen circumstances, for example, health care and possible nursing home care in the future.
All States operate immigration controls for well established reasons of public policy, including consideration of an economic nature. To this end policies regarding all non-nationals wishing to enter the State are kept under review and revised from time to time. This will have regard to the situation in comparable jurisdictions and in particular the opportunities open to Irish citizens retiring overseas to non EU countries.
The person in question was granted permission to remain for one year in 2014 following a review of an initial refusal decision in 2013. Following a further application at the expiration of this permission, the person was granted an additional permission as an exceptional measure. The person concerned was advised at that stage, that based on their income, which was well below the current threshold of €50,000 per annum and the previous threshold of €35,000 that no further permission would be granted in their case.
As the Deputy will be aware, I have asked my officials to conduct a review of the matter which will include a consideration of the options that might be available to Irish nationals seeking retirement overseas. Any changes to the immigration regime for non-EEA retirees, arising from the review or otherwise would be appropriate to be dealt with by the incoming Minister.
189. Deputy Sean Fleming asked the Minister for Justice and Equality if persons (details supplied) in County Laois can be accommodated in an asylum centre; and if she will make a statement on the matter. [8028/16]
View answerThe Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government's Direct Provision policy. The details supplied refer to a family who, following their initial reception on arrival in 2011, have been living in private accommodation and who are now seeking to be accommodated at Montague accommodation centre, Emo Co. Laois.
RIA has already responded to the family in relation to this request, directly on 22 March, 2016 and through a third party on 6 April, 2016 explaining that based on size and profile of the family unit, there is no suitable accommodation available for them at Montague accommodation centre. RIA has asked the family to indicate any alternative accommodation preference within the RIA accommodation portfolio which RIA will then consider. RIA awaits further communication from the family in this regard.
190. Deputy Pat Deering asked the Minister for Justice and Equality when the Private Security Appeal Board will conclude its deliberations with a company (details supplied) regarding the decision of the Private Security Authority to refuse an application for a renewal of its private security licence. [8057/16]
View answerThe Private Security Appeal Board (PSAB) is an independent body established under the Private Security Services Act 2004, as amended, to consider appeals against decisions of the Private Security Authority. The PSAB is independent in the performance of its functions in accordance with the Act and, accordingly, it would not be appropriate for me to intervene in any way with respect to the conduct of an appeal with the Appeals Board. I am informed that the PSAB has been in correspondence with the appellant in this case.
I wish to inform the Deputy that the current term of office of the Private Security Appeal Board has expired. The necessary arrangements are currently being put in place to appoint a new Board. When the appointments process has been completed the company concerned will be contacted directly by the PSAB regarding its appeal.
191. Deputy Regina Doherty asked the Minister for Justice and Equality the cost of sending wage and payslips for every member of An Garda Síochána by post. [8064/16]
View answerThe payroll for members of An Garda Síochána is now processed by the Payroll Shared Service Centre (PSSC) of the Department of Public Expenditure and Reform. I am informed that the approximate cost of sending pay slips to members of An Garda Síochána by post is in the region of €200,000 per annum.
192. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure for a person (details supplied) in County Kildare to update a passport; and if she will make a statement on the matter. [8075/16]
View answerIssues concerning passports are not a matter for my Department. I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was deemed ineligible for reasons provided to the person concerned in a letter issued on 21 April 2016.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
Queries in relation to the status of individual immigration cases may be made directly to INIS 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 INIS is, in the Deputy’s view, inadequate or too long awaited.
193. Deputy Catherine Murphy asked the Minister for Justice and Equality if she is considering the re-opening of Garda Síochána stations; if she is using crime statistics to evaluate this; and if she will make a statement on the matter. [8079/16]
View answerThe formulation of proposals in relation to the opening and closing of Garda Stations is a matter, in the first instance, for the Garda Commissioner and I, as Minister, have no direct role in the matter.
During 2011 and 2012, An Garda Síochána completed a comprehensive review of its district and station network. The objective of this review was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. The review concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand. As a result, the Garda District and Station Rationalisation Programme was implemented in 2012 and 2013. This was reflected in An Garda Síochána’s Policing Plans for 2012 and 2013 which set out the details of the closure of 39 Garda stations in 2012 and 100 Garda stations in 2013.
The closures have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion particularly with regard to various targeted police operations.
I am informed by the Garda Authorities that the current consolidation process is largely completed. There are no proposals to either re-open or close any Garda stations in the Policing Plan for 2016.
The Garda Station Building and Refurbishment Programme 2016-2021, which I announced in late October with my colleague the Minister of State at the OPW, is based on agreed priorities which are established by An Garda Síochána. Over thirty locations around the country will benefit from the Programme which includes major refurbishment of stations and facilities including facilities for meeting victims of crime, essential remedial works to existing stations, development of large scale property and exhibit management stores, the upgrade of cells and provision of improved custody management facilities. The Programme will be delivered by the Garda Authorities in cooperation with the OPW which has responsibility for capital expenditure in this area.
