Written Answers Nos. 207-215
207. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding non-EEA family reunification; and if he will make a statement on the matter. [8874/14]
View answerThe intention of these guidelines is to provide greater transparency and more comprehensive and consistent standards in respect of applications where non-EEA nationals seek to come to live in Ireland on the basis of their relationship with an Irish citizen or with another non-EEA national entitled to reside here.
As the Deputy will appreciate, even if his correspondent does not, this issue must be considered in the wider context of public policy and must strike a fair balance between the sometimes competing interests of the individual and society in general. One of the key principles underpinning this balance of interests is that family reunification should not cause an undue burden on the public finances. The financial capacity of the sponsor is an important condition for family reunification and the guidelines also place greater emphasis on the question of dependency. It is not credible that a person who is unable to support him/herself without assistance from the State can adequately fulfil the role of sponsor nor is it reasonable to assume that in the absence of such capacity, the State should undertake to do so from the public purse.
This is a fundamental principle not alone in Ireland but throughout the EU and indeed in all countries which operate sensible policies and priorities in this regard.
208. Deputy Clare Daly asked the Minister for Justice and Equality if Ireland's legally binding obligations under Article 3.1 of the United Nations convention against torture prohibit the State from extraditing a person wanted on alleged terrorist offences to the USA. [7993/14]
View answerI refer the Deputy to the provisions of the Extradition Act 1965, as amended.
Section 11(2A) of the Act provides that extradition shall not be granted for an offence where there are substantial grounds for believing that, if the request for extradition is granted, the person claimed may be subjected to torture.
Section 33(3) of the Act 1965, as amended, provides that I, as Minister for Justice and Equality, shall not make an order for the surrender of a person where I am of the opinion that the extradition of the person whose surrender is requested would involve transit through any territory where there is reason to believe that he may be subjected to torture.
Section 19 of the Act provides that extradition shall not be granted for an offence which is punishable by death under the law of the requesting country. Where an offence is punishable by death extradition shall not be granted unless the requesting country gives such assurance as I, as Minister for Justice and Equality, consider sufficient that the death penalty will not be carried out.
I trust this information addresses the Deputy’s query.
209. Deputy Billy Timmins asked the Minister for Defence the terms and conditions for members of the Reserve Defence Force; the training to which they have access; the payment they receive; and if he will make a statement on the matter. [8673/14]
View answerI am advised by the military authorities that the Terms and Conditions for members of the Army Reserve (AR) and Naval Service Reserve (NSR) are outlined in Defence Force Regulation R5 and Administration Instruction R5.
Members of the AR and NSR are volunteers who undertake training in their spare time. Training is delivered through evening parades, weekend training days and periods of full time training. In addition career course training and other specialist courses in personnel and logistics administration are conducted in the Defence Force Training College and the Formation Brigade Training Centres.
Members of the AR and NSR undertake unpaid training and there is also provision made for them to avail of paid training. In 2013 1,734 members of the AR and NSR availed of 23,898 paid training man-days. However, members of the AR and NSR are not employed or engaged under a contract of employment which stipulates either weekly hours of work or working time and service with the AR and NSR is not pensionable under the Army Pension Schemes.
In terms of paid training, members of the AR and NSR are generally paid at the 1st point of the pay scale of their equivalent rank in the Permanent Defence Force. Paid training for members of the AR and NSR is subject to PAYE and this requirement has been in place since 2008. They are subject to PRSI contribution class M since 01 January 2011 as the introduction of the Universal Social Charge covers the Health Contribution aspect of PRSI (previously class K1 for Reservists).
In line with the recommendations of the VFM Review of the Reserve Defence Force, gratuities were withdrawn from members of the AR and NSR at the end of 2012. In the 2013 estimates this budget was re-allocated to paid training for members of the AR and NSR. This measure was introduced to ensure an appropriate paid training allocation for the revised organisational establishment of 4,069 personnel and to ensure continued viability of the Reserve.
Terms and conditions for members of the First Line Reserve (FLR) are outlined in Defence Forces Regulation R1 and Defence Forces Regulation R2. Membership of the FLR is confined to personnel who have completed a term of engagement with the Permanent Defence Force and have undertaken, either voluntarily or on foot of a contractual commitment, to complete a period of service in the FLR. The FLR has not actively trained in recent years. In line with the recommendations of the VFM Review of the Reserve Defence Force, the military authorities are currently developing proposals regarding the FLR for my consideration. In the intervening period, members of the First Line Reserve remain eligible for payment of gratuities. In 2013, 93 members of the First Line Reserve received gratuities and were paid a total of €27,106.
210. Deputy Billy Timmins asked the Minister for Defence if members of the Reserve Defence Force are paid a gratuity; if not, when this ceased; if payment for training camp is subject to taxation; and if he will make a statement on the matter. [8674/14]
View answerIn line with the recommendations of the Value for Money Review of the Reserve Defence Force (RDF), gratuities were withdrawn from members of the Army Reserve and Naval Service Reserve at the end of 2012. In the 2013 estimates this budget was re-allocated to paid training for members of the Army Reserve and Naval Service Reserve. This measure was introduced to provide appropriate paid training for the revised organisational establishment of 4,069 personnel (3,869 Army Reserve and 200 Naval Service Reserve) to ensure the continued viability of the Reserve.
In line with the recommendations of the Value for Money Review, the military authorities are developing proposals for my consideration regarding the First Line Reserve. In the intervening period, members of the First Line Reserve remain eligible for payment of gratuities. In 2013, 93 members of the First Line Reserve were paid a total of €27,106.
Paid training for members of the Reserve, including payment for training camps is subject to PAYE. This requirement has been in place since 2008.
211. Deputy Seán Ó Fearghaíl asked the Minister for Defence further to Question No. 10 of 6 February 2014, if he will indicate the titles and locations of the general practitioners and other practices providing medical services to the Defence Forces; if he will indicate the nature of the contract in place in each case; if he will state the amount paid to each practice in 2011, 2012 and 2013, if he will indicate the number of patients seen or treated in each of these practices in each of these years; and if he will make a statement on the matter. [8655/14]
View answerIt has not been possible in the time available to compile the information requested by the Deputy. As soon as the information is available, it will be sent to the Deputy.
212. Deputy Niall Collins asked the Minister for Defence whether he has established an information officer and whether this person is in charge of developing and implementing data protection in his Department; and if he will make a statement on the matter. [8741/14]
View answerMy Department has appointed a Data Protection Officer. Key responsibilities associated with this role include liaising with Branches in relation to data protection matters, responding to queries from Branches on various elements of the Data Protection Acts and liaising with the Department’s Data Controller, as and when required. The Data Protection Officer is also the first point of contact for citizens wishing to submit a Subject Access Request (SAR) to the Department.
My Department’s Data Protection Policy, which sets out the various legal obligations concerning the handling of both personal data and sensitive personal data and the steps taken by the Department to meet these obligations, is available on the Department’s website. I am satisfied that the staff of my Department are aware of their responsibilities in relation to Data Protection through the provision of training and through the role undertaken by the Data Protection Officer.
213. Deputy Terence Flanagan asked the Minister for Defence his plans to deploy the Army to the worst affected areas of counties Cork and Limerick to help residents after the recent floods; and if he will make a statement on the matter. [8765/14]
View answerThe Framework for Major Emergency Management sets out the structure for enabling the Principal Response Agencies (An Garda Síochána, the Health Service Executive and Local Authorities) to provide a coordinated response to major emergencies including severe weather events. The involvement of the Defence Forces arises from requests for assistance received from such Agencies in its Aid to the Civil Authority (ATCA) role under the multi-agency Framework.
Since the onset of the latest period of stormy weather, the Army, the Naval Service and the Air Corps were placed on standby to respond to requests for support received from the Principal Response Agencies. The Defence Forces have been deployed to some of the worst affected areas of Cork and Limerick in recent days and weeks to help with the relief effort as a result of the recent flooding events.
In response to a request from the local authority, assistance was provided in Limerick on Saturday and Sunday the 1st and 2nd of February. Six high wheeled trucks and 25 personnel were deployed each day. On Saturday they were involved in assisting with the evacuation of flooded homes, whilst on Sunday they were involved in the distribution of supplies and assisting with the filling and distribution of sandbags. On Wednesday 5 February, 25 members of the Defence Forces were deployed to fill sandbags in Limerick.
The Naval Service positioned a ship in Cork harbour to be on hand should any assistance be required during the expected high tide in Cork on the evening of the 4th February. Personnel from Collins Barracks, Cork were also on standby for deployment.
In response to a request from the HSE, the Defence Forces transported and installed a generator in a dwelling in West Cork on 14 February 2014 to assist a vulnerable patient who had no electricity.
Civil Defence, which comes under the remit of my Department, was also actively involved in dealing with the effects of the recent severe weather. To date over 500 volunteers from 20 Civil Defence Units across the country have been supporting the efforts of local authorities, the HSE and the Garda in alleviating the effects of the severe weather on local populations. They have been engaged in a wide range of activities including water pumping, evacuating homes, sandbagging, traffic control, transportation of HSE community outreach personnel and the delivery of supplies to isolated homes.
The Department, the Defence Forces and Civil Defence attended all the National Co-ordination meetings held in support of this latest severe weather episode. They are in close liaison with the Principal Response Agencies to determine the assistance that may be sought from the Defence Forces and from Civil Defence. The full spectrum of Defence Forces personnel and equipment, commensurate with operational requirements, is available for deployment in response to emergencies and crises.
214. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine if he will provide funding to compensate fishermen for loss of income due to the severe weather, and if not, if he has applied for access to the European Maritime and Fisheries Fund, EMFF, which provides for such funding; and if he will make a statement on the matter. [8628/14]
View answerFishing through the winter is difficult in normal circumstances but I am acutely conscious that the severe weather has caused the fishing fleet to be tied up for quite an extended period, a longer period than would be the norm with more typical winter weather. As the catching sector is by definition dependent on being able to go out and catch fish, and crews earn their living through a share of the catch, many fishermen are suffering financially because of this extended period restricted to port. With the present long overdue break in the weather, I am happy to report that many of the vessels that were harbour bound due to the severe weather are now back fishing and eagerly seeking to make up for lost time.
I always work very closely with the fishing industry, and I am advised by it when setting catch limits during the year. Each month, a Quota Management Advisory Committee involving industry representatives and experts from my Department meet and examine available quota, uptake levels and the market situation and make recommendations to me on catch limits for the following month. Given the difficult financial situation faced by many fishermen because of their restricted fishing opportunities so far this year, I have asked for the Quota Management Advisory Committee to meet this Friday with a view to immediately reviewing upwards the catch limits for February and March. The objective of the meeting will be to secure industry support with a view to immediately increasing quotas available to fishermen to allow them catch more fish in the coming weeks, if the weather continues to be suitable for fishing, allowing them to increase their income to compensate for their earlier losses.
In relation to any specific payments to compensate for lost earnings, the Minister for Social Protection has the overall responsibility for funding income support to individuals and families in the circumstances that have arisen. Minister Burton’s Department runs a number of schemes to support people in circumstances of loss of income.
While the co-legislators have reached political agreement on the proposed Regulation establishing the European Maritime and Fisheries Fund, it will not be adopted in law until probably June this year. My Department is working to prepare a new Operational Programme for the seafood sector under the EMFF. That Programme is dependent on the progress of the proposed Regulation and so is likely to be finalised towards the end of the year. Decisions on what to do with the finite resources available to Ireland under that Operational Programme will be a key element of that work and I am working closely with all stakeholders in making those hard choices between many competing and worthwhile investment priorities. It is thus premature from both a legal and practical perspective to consider employing the EMFF to assist fishermen in the present situation.
215. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when Lakeland Dairies Co-Op Society Limited will receive payment under the fodder scheme; the reason for the delay; and if he will make a statement on the matter. [8651/14]
View answerIn excess of 18,000 farmers benefited under the Imported Fodder Transport Scheme, under which, to date, payments worth some €2.4 million have issued, with total expenditure expected to be in the region of €2.8 million.
In light of the difficulties experienced by farmers in sourcing fodder supplies in April/May 2013, I announced the allocation of funding for an imported fodder transport scheme, designed to reduce the cost to farmers of imported forage (hay, silage, haylage) from outside the island of Ireland. The aid substantially covered the cost of transport into the country, thus reducing the cost to farmers of a bale of hay by approximately one third.
While the Scheme operated through the co-operatives, marts and other approved agencies, the actual beneficiaries are the individual farmers and primary producers who needed urgent supplies of feed. Operating the scheme in this manner was the quickest and most effective way of getting the fodder to those who needed it.
Of the 78 different concerns which participated in the Scheme, to date, 71 have submitted claims, of which 48 have been fully processed and paid in full, with a further 19 having received a 75% advance payment. The balancing payment will issue to these concerns once all outstanding issues are resolved. These concerns have been contacted directly and are working with my Department to resolve the outstanding issues.
The concern in question has received a 75% advance payment, which issued on 10 October 2013. Since then there has been ongoing direct contact between officials of that concern and officials of my Department regarding a number of outstanding issues. Immediately the remaining issues are resolved, the balancing payment will issue.
