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Tuesday, 8 Nov 2016

Written Answers Nos. 56-75

Adoption Data

Questions (56)

Clare Daly

Question:

56. Deputy Clare Daly asked the Minister for Children and Youth Affairs the payments to an agency (details supplied) and indemnity guarantees to Tusla that were part of the negotiations regarding the transfer of 13,000 adoption records from the agency to the State in May 2016; and if she will make a statement on the matter. [33332/16]

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Written answers

I am advised by Tusla, the Child and Family Agency, that it negotiated and concluded an agreement regarding the transfer of records from the agency referred to by the Deputy to Tusla. In this regard, Tusla obtained protection in respect of certain future actions which may be taken. Clause 5.1 of the Deed in relation to the transfer of adoption records between Tusla and the agency in question provides that:

“The Transferor hereby indemnifies and holds harmless the Transferee against any and all claims in respect of any losses, costs, damages or expenses (including legal costs and expenses) (whether or not arising prior, or subsequent to, the Effective Date) arising out of or in connection with:… (b) any matter or act of the Transferor referred to in the Adoption Records;…”

The Agency to which the Deputy refers was an accredited agency under the Adoption Act 2010, and received an annual grant of €110,000 under a service level agreement with Tusla, up until it ceased operations in December 2014. The Agency in question advised of its intention not to renew its accreditation under the Adoption Act 2010 when it fell due in February 2016. Negotiations regarding the transfer of the records began in 2014. Tusla subsequently ceased funding this agency from January 2015 onwards.

A once off payment of €30,000 was made to this Agency in May 2016 post transfer of the records to Tusla. The payment was made for costs incurred in the storage of the adoption records held by this agency and to assist in winding down operations.

Child Care Services Provision

Questions (57)

Thomas P. Broughan

Question:

57. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the measures she is taking to ensure that the newly announced single affordable child care scheme will not impact negatively in any way on lone parents; and if she will make a statement on the matter. [33330/16]

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Written answers

From September 2017 a new Affordable Childcare scheme will be introduced which will provide financial support for parents towards the cost of childcare. The new scheme will provide a system from which both universal and targeted subsidies can be provided towards the cost of childcare. This new scheme will replace the existing targeted childcare programmes with a single, streamlined and more user-friendly scheme and is intended to provide “wraparound care for pre-school and school-age children.

The universal element of the scheme will be available to all families with children between the age of 6 months and 36 months (or until the child qualifies for the free pre-school programme if later than 36 months), who are attending a registered childcare provider.

The targeted element of the scheme will be available to families with children aged between 6 months and 15 years, with eligibility for subsidies based on net parental income. For parents with net incomes up to €22,700 per annum, the maximum rate of childcare subsidy will be payable.

The rate of subsidy will taper downwards as net income rises, with no means-tested / income related subsidy payable when net income reaches €47,500. The income thresholds increase where there is more than one child in a family, so a family with two children under 15 years of age would have a maximum net income threshold of €51,300 and a family with three children under 15 years would have a maximum net income threshold of €55,100.

Under the current programmes there are many families with low income-levels, including lone parents, who are not currently able to access subsidised childcare because of the requirement to be in receipt of certain state benefits or in attendance at certain training programmes.

It is envisaged that the introduction of the new single affordable childcare scheme will increase the accessibility and affordability of childcare for families, including lone parent families.

Interdepartmental Meetings

Questions (58)

Micheál Martin

Question:

58. Deputy Micheál Martin asked the Taoiseach the way his Department is interacting with the EU unit in the Department of Foreign Affairs on a weekly basis. [33239/16]

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Written answers

There is ongoing interaction on EU issues on a daily basis between the Department of the Taoiseach and the Department of Foreign Affairs and Trade.

Under the restructuring I announced in July, a Second Secretary General has been appointed to lead a new integrated Division in the Department of the Taoiseach with responsibility for supporting me on EU, Northern Ireland, British-Irish and International affairs, including through the Cabinet Committee on European Affairs and the new Cabinet Committee on Brexit.

A Second Secretary General has also been appointed to lead a new EU Division in the Department of Foreign Affairs and Trade which, working closely with my Department, now has lead responsibility for coordination of EU affairs generally.

The two Second Secretaries General and their respective teams engage closely on an ongoing basis to ensure that a comprehensive, whole-of-Government approach to EU affairs is provided.

In addition to the regular engagement between the Department of the Taoiseach and the Department of Foreign Affairs and Trade, there is of course ongoing interaction across all Government Departments on the range of EU issues including through regular meetings of the Senior Officials Group on the EU and the Inter-Departmental Group on Brexit.

Departmental Staff Recruitment

Questions (59)

Micheál Martin

Question:

59. Deputy Micheál Martin asked the Taoiseach if the staffing in Government information services has increased since July 2016. [33240/16]

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Written answers

There has been no increase in the posts allocated to the Government Information Services since July 2016. Following the change of Government in May 2016, there was a vacancy in the post of Deputy Government Press Secretary. This vacancy was filled in October 2016.

Departmental Staff Data

Questions (60)

Micheál Martin

Question:

60. Deputy Micheál Martin asked the Taoiseach the section in his Department responsible for organising the civic forum on Brexit; and the number of civil servants and non-established civil servants employed in this section. [33241/16]

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Written answers

The all-island civic dialogue event on Brexit held on 2 November was hosted by me and the Minister for Foreign Affairs and Trade. The Department of Foreign Affairs and Trade led on the organisation of the event, supported by my Department.

Within my Department, officials from a number of sections were involved in preparing for the event and in its organisation on the day, including from International, EU and Northern Ireland Division which has the lead role in my Department in relation to Brexit issues, Economic Policy Division, Protocol Section, Press Office and Government Information Services.

Departmental Staff Data

Questions (61)

Micheál Martin

Question:

61. Deputy Micheál Martin asked the Taoiseach if the overall staff numbers in his Department have remained stagnant since 2015; the number of staff who have retired or been transferred, in tabular form; and if they were replaced. [33242/16]

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Written answers

The overall staff numbers in my Department have fallen by 14 since end December 2015. On 31 December 2015 there were 207 staff in my Department equating to 197.9 whole time equivalents. There are currently 193 staff employed in my Department equating to 186 whole time equivalents. The following table sets out the details requested by the Deputy on staff movements for 2016.

-

No. of staff (headcount)

Retired/career break/contract terminated

13

Transferred out

25

Transferred in

5

New entrants

19

Brexit Issues

Questions (62, 70)

Micheál Martin

Question:

62. Deputy Micheál Martin asked the Taoiseach the reason he is against appointing a Brexit Minister; the way in which he came to this decision; the rationale used; and if he sought advice from his officials. [33243/16]

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Peadar Tóibín

Question:

70. Deputy Peadar Tóibín asked the Taoiseach if negotiations have commenced with the British Government over the future shape of British-Irish economic, travel and political relationships; and if so, the number of staff and their rank who have taken part in these negotiations. [32851/16]

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Written answers

I propose to take Questions Nos. 62 and 70 together.

The issue of Brexit and the challenges arising for Ireland are of such importance and scale that I do not believe it is appropriate or sufficient to allocate overall responsibility to a single Minister, or to have it dealt with as part of one Department's responsibilities. The issues involved concern all Ministers, Departments and Agencies and require a consistent and comprehensive whole-of-Government response.

The Government has considered Brexit issues regularly since the UK referendum result, including on foot of nine separate Memoranda for Government. I am ensuring that a whole-of-Government response to Brexit is being developed, including through a new Brexit Cabinet Committee which I established following the referendum result, which I chair and which will involve all Ministers as required.

I have also restructured my Department to ensure that Brexit is treated as a crucial cross-cutting issue, including my creating a newly amalgamated International, EU and Northern Ireland Division, under a new Second Secretary General. The work of this Division includes supporting the new Cabinet Committee on Brexit and the Cabinet Committee on European Affairs.

Work on Brexit is also supported by the Minister and Department of Foreign Affairs and Trade who now have a greater role in EU matters overall, with a newly created EU Division and the existing Division dealing with Anglo Irish affairs both having important roles to play.

Across Government, relevant Departments, agencies and overseas missions are being strengthened to deal with Brexit.

Article 50 will frame the negotiations on arrangements for the UK’s eventual withdrawal from the EU. We know from PM May that she intends to formally trigger Article 50 no later than the end of March next year. No negotiations will take place until Article 50 has been explicitly triggered.

There is, however, ongoing close political and official engagement, including with the British Government, Northern Ireland and the EU Member States and institutions.

Taoiseach's Meetings and Engagements

Questions (63, 64, 65)

Micheál Martin

Question:

63. Deputy Micheál Martin asked the Taoiseach if he has met the new British ambassador. [33244/16]

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Micheál Martin

Question:

64. Deputy Micheál Martin asked the Taoiseach if he has met or written to the Scottish First Minister, Nicola Sturgeon, recently. [33246/16]

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Micheál Martin

Question:

65. Deputy Micheál Martin asked the Taoiseach his plans to have any bilaterals at the North-South Ministerial Council meeting planned for 8 November 2016. [33247/16]

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Written answers

I propose to take Questions Nos. 63 to 65, inclusive, together.

I look forward to engaging with the First Minister, deputy First Minister and members of the Northern Ireland Executive at the North South Ministerial Council Plenary later this month. The programme for the plenary has not yet been finalised.

I expect to see the Scottish First Minister when I attend the British-Irish Council meeting later this month in Wales.

My officials have met with the new British Ambassador to Ireland, Robin Barnett. While we have not had a formal meeting to date, I have spoken with the Ambassador at a number of events over the past number of weeks.

British-Irish Council

Questions (66)

Micheál Martin

Question:

66. Deputy Micheál Martin asked the Taoiseach the issues he plans to discuss at the November British-Irish Council. [33238/16]

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Written answers

I will be attending the next summit meeting of the British-Irish Council in November where, in addition to discussing progress on the work of the Council, we will consider the latest developments in relation to the UK's exit from the EU in the context of priorities for Member Administrations and implications for the Council as a whole.

This is line with the agreement reached at July's Extraordinary Summit meeting, that an update on developments would be facilitated at the next Council Summit.

Third Level Funding

Questions (67, 68, 69)

Thomas Byrne

Question:

67. Deputy Thomas Byrne asked the Taoiseach further to Question No. 316 of 11 October 2016, if the income for Irish universities that comes indirectly from Exchequer sources, such as via tuition fee grants for maintenance grant and full fee grant students or via research grants or state contracts, is counted as income from general government under EUROSTAT market test rules for determining whether the borrowings by universities are off-balance sheet and do not impact on the level of general government debt. [32370/16]

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Thomas Byrne

Question:

68. Deputy Thomas Byrne asked the Taoiseach further to Question No. 316 of 11 October 2016, if all universities here meet the market test; the outcome if, in a particular year, university income does not meet the market test by generating more than 50% of its income from non-Exchequer sources; and if the debt of a university would be included on the general government balance sheet in such a case. [32371/16]

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Thomas Byrne

Question:

69. Deputy Thomas Byrne asked the Taoiseach if the income for Irish universities that comes indirectly from Exchequer sources, such as via tuition fee grants for maintenance grant and full fee grant students or via research grants, is counted as income from general government under EUROSTAT market test rules for determining whether the borrowings by universities are off-balance sheet and do not impact on the level of general government debt. [32440/16]

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Written answers

I propose to take Questions Nos. 67 to 69, inclusive, together.

The legally binding accounting rules which must be used by all EU Member States for producing Government Finance Statistics (GFS) are those of the European System of Accounts 2010 (ESA 2010). The Manual on Government Deficit and Debt (MGDD) provides further guidance on the implementation of ESA 2010 when reporting GFS.

To test whether a unit is in government, the decision rules that need to be followed are as per ESA 2010 and MGDD. These rules establish that an entity should be classified in the government sector if it is (a) under public (government) control and (b) if it is a non-market entity. The first step in the classification process is therefore to determine if the unit is under public control. Not all publicly controlled entities are in general government. This is because if a publicly controlled unit is a market producer (i.e. selling their output at economically significant prices) it is classified outside government as a public corporation.

Historically the universities were classified as privately controlled non-profit institutions in the National Accounts. The CSO, having reviewed the Universities Act, 1997, concluded that, on balance, the universities have sufficient degree of autonomy under this legislation to be classified as being privately and not publicly controlled. Therefore the universities are not currently included in the list of public corporations published by the CSO.

In 2012 the CSO reclassified the universities as market producers meaning they were classified to the non-financial corporations sector rather than the non-profit sector. Therefore, currently the universities are classified outside Government on the basis that they are (a) privately controlled and (b) market producers. This second assessment currently considers the fee income including the portion paid by the State (which is considered a transfer to households who then pay the fee) as sales. Other income combined with these fees is sufficient to meet over 50% of costs.

According to the rules of the MGDD the market / non-market criterion is applied taking results over a "number of years" - in practical terms usually a three year period is taken. Only when a clear pattern is observed is a reclassification undertaken. This ensures that government figures are not made volatile through reclassifications arising from exceptional events.

In common with other entities in receipt of significant public funds the universities are subject to routine checks on their sector classification by the CSO. If the universities were to be classified as under public control as a result of such a review, only then would the market/non-market criterion apply to the decision as to whether they should be classified in the government sector or not.

Question No. 70 answered with Question No. 62.

Departmental Expenditure

Questions (71)

Thomas P. Broughan

Question:

71. Deputy Thomas P. Broughan asked the Taoiseach the amount that his Department spent on external legal advice in each of the years 2013 to 2015, inclusive; and the names of each of the legal firms that provided advice to his Department in each of those years. [32914/16]

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Written answers

My Department incurred no expenditure on external legal advice in 2013, 2014 or 2015.

Cabinet Committee Meetings

Questions (72)

Micheál Martin

Question:

72. Deputy Micheál Martin asked the Taoiseach when the Cabinet committee on education last met. [33057/16]

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Written answers

The Cabinet Committee on Social Policy and Public Service Reform provides a basis for cross-Departmental co-ordination in delivery of Programme for Government commitments in areas of social policy and social inclusion, including those matters in the area of education. It last met on 27 October, 2016.

Seanad Reform

Questions (73)

Micheál Martin

Question:

73. Deputy Micheál Martin asked the Taoiseach the status of the inter-party group being set up to review Seanad Éireann reform. [33058/16]

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Written answers

One of the recommendations of the Working Group on Seanad Reform was the establishment of an Implementation Group to oversee the implementation of the reforms contained in its Report.

On 28 September, I wrote to Party Leaders indicating my belief that the Group should be based in the Oireachtas and comprise members of the Dáil and Seanad from all parties and groups and seeking their agreement to this approach and their intention to participate. Contacts are continuing with parties to finalise nominations with a view to having the Group up and running as soon as possible.

Gambling Legislation

Questions (74)

Dara Calleary

Question:

74. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the plans she has to progress issues that are outside of the gambling control Bill; and if she will make a statement on the matter. [33369/16]

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Written answers

The General Scheme of the Gambling Control Bill was published in July 2013 following approval by the Government and is currently in drafting by the Office of the Parliamentary Counsel.

The Bill, as proposed, will update all existing laws on the regulation of gambling, including betting and gaming but excluding the National Lottery. It will provide for the licensing of all forms of on-line gambling.

The General Scheme was referred to what was at the time the Oireachtas Joint Committee on Justice, Defence and Equality for consideration and observations. The Joint Committee received 29 submissions and held public hearings following which it issued a report on 6 November 2013 which contained 8 conclusions and was laid before the Houses.

The 2013 General Scheme provides for the conferring of responsibility for all regulatory matters in this area on the Minister for Justice and Equality, including licensing, inspections and prosecutions, and it envisages that these functions would be carried out by a body located within the Department of Justice and Equality.

The General Scheme also provides for a dedicated inspectorate to ensure compliance by licence holders with the terms of their licences and with the new legislation generally.

The Gambling Control Bill will have consumer protection generally as one of its core principles, and it is envisaged that it will include several measures aimed at the protection of vulnerable persons, including children, from risks to their well-being arising from gambling.

The 2013 Scheme includes measures that will require licence holders to act in a socially responsible way. These measures include controls on advertising, promotions and sponsorship.

It would remain the intention to proceed with this legislation at the earliest feasible opportunity. In support of these efforts the Government has delegated powers of the Minister for Justice and Equality under the gaming and lotteries legislation to me as Minister of State. Since my appointment I have requested my departmental officials to review the Scheme published in 2013 by way of taking account of intervening developments and technologies in the gaming sector. This review will help to update policy in this area.

At the same time, and pending the bringing forward of the main Bill, which, I am sure Deputies are aware, is a major undertaking, I have also asked my Department to examine whether there are any individual pressing areas of concern, intended to be dealt with in the Bill, which could be dealt with sooner by separate legislative measures and this is being actively considered. I am aware that there are a number of areas of immediate concern to Deputies and to the wider community. It is my intention, therefore, that work on such early measures will continue in tandem with the wider review of the existing Scheme of a Bill to avoid any undue delay. My officials and I will continue consultations with relevant stake-holders and I intend to move forward as quickly as possible with the appropriate legislation.

Turbary Rights

Questions (75)

Peadar Tóibín

Question:

75. Deputy Peadar Tóibín asked the Tánaiste and Minister for Justice and Equality if she will provide details of ownership for Clonsura, Doon, Carnagh, Moyne and Ballinaloe bogs in north County Westmeath. [33705/16]

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Written answers

I can inform the Deputy that the Property Registration Authority is responsible for the management and control of the Land Registry and Registry of Deeds. When title or ownership is registered in the Land Registry the deeds are filed in the Registry and all relevant particulars concerning the property and its ownership are entered on folios which form the registers maintained in the Land Registry. In conjunctions with folios the Land Registry also maintains Land Registry maps.

To identify the ownership of a particular area of land requires that either the Folio Number of the registered title is known or that the area of interest can be identified clearly on the Land Registry map. Over the last number of years the Property Registration Authority has transferred all the paper records held as part of the Register onto an electronic database. This has been made available for inspection through the landdirect.ie portal, www.landdirect.ie. Through this portal the Land Registry map can be inspected and when the area is identified, the Folio Register, which identifies the registered owner, can be inspected. The Property Registration Authority website, www.prai.ie, gives further details of the services available in this regard.

I am advised by the Property Registration Authority that the information provided in this Question was not sufficient to determine the ownership of the particular lands referred to. However, the Deputy will be aware of the service by the Authority to T.D.s and Senators, which provides information on the current status of registration applications and other related matters, which was introduced in May 2006. Accordingly, the Deputy may wish to contact the Authority directly via that service with any further information which may be available to assist in definitively identifying the land which is of interest and to determine if the Authority can identify the current ownership of the land.

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