Written Answers Nos. 323-338
323. Deputy Catherine Murphy asked the Minister for Foreign Affairs if he will outline the sanctions that have been imposed by the EU on Belarus following on from Belarus’s involvement in the war with Ukraine. [61885/22]
View answerThe EU has condemned Belarus' involvement in Russia's unprovoked and unjustified military invasion of Ukraine. In response to the invasion, since late February, the EU has adopted a wide range of sanctions targeting both Russia and Belarus. These measures build on separate restrictive measures introduced by the EU following the fraudulent presidential elections in Belarus in August 2020.
Since Russia’s invasion of Ukraine, significant restrictions have been placed on trade between the EU and Belarus, in particular on goods used for the production of tobacco, hydrocarbons, and a range of materials like potash, wood, cement, iron, steel and rubber. Strategic restrictions have been imposed on exports to Belarus of dual-use goods and technology that might contribute to Belarus’ military, technological and security development. Belarussian road transport operators have also been banned from transporting goods by road within the EU.
In addition, a range of measures have been introduced targeting the Belarusian financial sector. Several Belarusian banks have been removed from the SWIFT financial messaging system and transactions with the Central Bank of Belarus are prohibited.
Limits have been placed on financial inflows from Belarus to the EU by prohibiting the acceptance of large deposits from Belarusians, the holding of accounts of Belarusian clients by the EU central securities depositories, as well as a ban on the sale of euro-denominated securities to Belarusian clients. The provision of euro banknotes to Belarus is also now prohibited, while a ban has been placed on the listing and provision of services in relation to shares of Belarusian State-owned entities in EU trading venues.
The sanctions adopted since February 2022 also include asset freezes and travel bans targeting Belarusian military personnel, state officials, members of the judicial branch, businesspeople, as well as those responsible for spreading disinformation and calling for violence.
324. Deputy Catherine Murphy asked the Minister for Foreign Affairs if he plans to invite his Australian counterpart to Ireland in early 2023. [61886/22]
View answerIreland and Australia enjoy close diplomatic relations and our Embassies are engaged in a range of activities to deepen our engagement. In 2021, we celebrated 75 years of diplomatic relations with Australia. Ireland and Australia share a common outlook and shared values on many global issues. We also work closely with Australia in multilateral fora, at the UN and beyond. Bilateral consultations are due to take place next February in Canberra at the level of senior officials, to discuss areas of future cooperation between Ireland and Australia.
Members of the Cabinet have held a number of meetings with the government of Australia this year, at both federal and state level, reflecting our close friendship. In July, the Premier of Western Australia, Mark McGowan met with both the Taoiseach and the President, and Minister Harris met with his Australian counterpart, the Minister for Skills, Brendan O'Connor. In April 2022, the Speaker of the New South Wales Parliament, Jonathan O'Dea, met the Ceann Comhairle in Dublin. A visit by Foreign Minister Wong to Ireland when schedules permit would be most welcome and would offer an opportunity to continue the close dialogue between Ireland and Australia.
325. Deputy Pauline Tully asked the Minister for Foreign Affairs his views on the recent changes introduced to the Northern Ireland Troubles Bill by the British government during its second reading in the House of Lords; if the British government advised the Irish Government of these changes before second reading; if he shares the assessment that the Bill still fails to discharge the British Governments human rights obligations; and the way that the limit of the UK government’s changes inform the plans of the Irish Government in relation to taking an inter-state challenge. [60159/22]
View answerThe Government’s approach to legacy and reconciliation in Northern Ireland has always been that it should be victim-centred, with the starting point the approach agreed by both Governments and the Executive parties in the Stormont House Agreement, further endorsed in the Fresh Start and New Decade, New Approach Agreements.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill as drafted is not fit for purpose, and does not comprehend the approach agreed in Stormont House. If the proposed Bill enters into force, the legislation would have far reaching and negative impacts for victims, their families and communities in Northern Ireland and beyond. Enactment would, in my view, severely damage the process of reconciliation and, also, trust in the rule of law and the justice system in Northern Ireland. This explains the near universal opposition to this Bill in Northern Ireland, including from the five main political parties, those representing victims and their families, civil society groups, and faith leaders. During my visit to Belfast on 7 December, I listened as representatives of a number of victims’ groups, including people who had lost family members to violence, reiterated their opposition to the proposed UK legislation.
The incorporation into Northern Ireland of the European Convention on Human Rights (ECHR) was a key element of the Good Friday Agreement, helping creating confidence and trust in the rule of law and systems of justice. This Bill seeks to introduce an amnesty for crimes amounting to gross human rights violations, which would appear to be contrary to the Convention. All victims deserve, and are entitled to, ECHR Article 2 compliant investigations. It is my firm view that these paths must remain open to victims, survivors and their families.
The UK Government has recently expressed an intention to introduce amendments to the Bill. While this openness is welcome, I have been very clear in my contacts with the UK Ministers, including in my most recent meeting with the Secretary of State for Northern Ireland on 7 December, that any amendments would need to be radical, fundamentally changing the substance of this Bill if core concerns around immunity, compliance with human rights obligations, and victims’ participation are to be met. It must be compliant with our shared obligations under the ECHR.
Although neither I nor my officials have yet seen the text of the signaled amendments, from what NIO Minister Lord Caine has said in the House of Lords they do not seem to go far enough to address my concerns. That said, I remain open to engagement and considering options but will be guided by fundamental human rights principles and the needs of victims and their families.
I will continue to use all avenues to effect change to this legislation. In addition to raising our profound concerns about this Bill directly with British Government, at official and political level, I have ensured that these concerns have also been articulated in relevant multilateral fora, including at the Universal Periodic Review of the UK by the UN Human Rights Council, and most recently at the Council of Europe.
The Government’s current assessment is that initiating an inter-state case at the European Court of Human Rights in relation to the Bill would be premature. The Government, however, continues to keep this matter under active review. In my recent meeting with the Secretary of State, I did draw his attention to the increasing calls for Ireland to take such an inter-state case.
326. Deputy Michael Ring asked the Minister for Foreign Affairs if an application for Foreign Birth Registration can be progressed based on the information submitted (details supplied); and if he will make a statement on the matter. [62005/22]
View answerMy Department is responsible for processing Foreign Birth Registration (FBR) applications for people who are born abroad and claim Irish Citizenship through a grandparent born in Ireland or through a parent who has claimed citizenship also through FBR, Naturalisation or Post Nuptial Citizenship.
Demand for this service increased significantly as a result of the Brexit vote in the UK. In 2015, prior to Brexit, a total of 6,000 entries were made to the register. In 2019, a peak number of 19,000 entries were made to the Foreign Births Register.
The service was also impacted by necessary Covid-19 restrictions in 2020 and 2021 and the unprecedented demand for passports seen to date in 2022.
My Department has put in place a number of measures to address the volume of FBR applications currently on hand with a view to significantly reducing the processing time for these citizenship applications by the end of this year. These measures, which include increased staffing directed towards the processing of FBR applications, are having a positive impact on the number of applications being processed each month.
With regard to the specific application about which the Deputy has enquired, the Passport Service will contact the applicant directly in relation to their query.
327. Deputy Charles Flanagan asked the Minister for Foreign Affairs if he will provide an update on a foreign birth passport (details supplied). [62220/22]
View answerMy Department is responsible for processing Foreign Birth Registration (FBR) applications for people who are born abroad and claim Irish Citizenship through a grandparent born in Ireland or through a parent who has claimed citizenship also through FBR, Naturalisation or Post Nuptial Citizenship.
Demand for this service increased significantly as a result of the Brexit vote in the UK. In 2015, prior to Brexit, a total of 6,000 entries were made to the register. In 2019, a peak number of 19,000 entries were made to the Foreign Births Register.
The service was also impacted by necessary Covid-19 restrictions in 2020 and 2021 and the unprecedented demand for passports seen to date in 2022.
My Department has put in place a number of measures to address the volume of FBR applications currently on hand with a view to significantly reducing the processing time for these citizenship applications by the end of this year. These measures, which include increased staffing directed towards the processing of FBR applications, are having a positive impact on the number of applications being processed each month.
With regard to the specific application to which the Deputy has referred, processing of this application began on 5 December 2022. An email was sent to the applicant on that date requesting further documents.
328. Deputy Jim O'Callaghan asked the Minister for Defence the main policy achievements of his Department since 27 June 2020; and if he will make a statement on the matter. [61645/22]
View answerThe Programme for Government contains an ambitious range of commitments concerning the Defence sector that my Department will continue to implement over the lifetime of the Programme.
One of the key commitments was to establish a Commission on the Defence Forces. On the 15th December 2020, the Government approved terms of reference and the membership of an independent Commission on the Defence Forces, and their report was published on the 9th February 2022.
On the 12th July 2022, Government approval was given for a move to 'Level of Ambition 2' (LOA2), as set out in the capability framework devised by the Commission on the Defence Forces. This will result in the Defence budget rising from €1.1 billion to €1.5 billion, in 2022 prices, by 2028, the largest increase in Defence funding in the history of the State. This will allow for the required substantial transformation and investment in recruitment and equipment that were identified by the Commission. The move to LOA2 will require an additional 2,000 personnel (civil and military) over and above the current establishment of 9,500.
A High-Level Action Plan (HLAP) was also approved. Some specific initiatives include the immediate commencement of planning for military radar capabilities, including primary radar, the establishment of an Office of Reserve Affairs with the priority objective of developing a regeneration plan for the Reserve Defence Force and the commencement of a Strategic Defence Review and officials in my Department are working with the Military Authorities with a view to progressing this action. A civil/military Implementation Management Office (IMO) has been established to support the implementation of the overall transformation programme required to implement recommendations from the report and work on a detailed implementation plan, which will set out how the report’s recommendations will be delivered over the next number of years, is currently at an advanced stage.
An organisational capability review of the Department of Defence commenced in 2021. The Review was conducted by the Organisational Capability Review team which is based in the Department of Public Expenditure and Reform and involved engagement with Departmental staff and key stakeholders in the policy and operational domains of the Department. The report has been published on the Department’s website and an Action plan has been developed to address the recommendations of the review.
My Department continue to implement the rolling 5-year Infrastructure Plan and rolling 5-year Equipment Development Plan for the Defence Forces. Just last week we published an updated Infrastructure Plan for the period 2022- 2027, with over €300m in building investment planned over the next 5 years. Major equipment projects are also being progressed and delivered including the upgrade of the Mowag Armoured Personnel Carriers, the acquisition of Armoured Utility Vehicles for the Army, the acquisition of PC 12 and C-295 aircraft for the Air Corps and the acquisition of refitted second user Inshore Patrol Vessels and progress on the new Multi Role Vessel (MRV) project for the Naval Service.
Recruitment and retention of personnel is a key priority for me. My Department has progressed a number of activities relating to recruitment and retention in the Defence Forces, and related HR issues. The Report of the Public Service Pay Commission (PSPC) on Recruitment and Retention in the Defence Forces was published on the 4th of July 2019. The Report was accepted in full by the Government and an extensive High-Level Plan titled "Strengthening our Defence Forces” was also agreed and published on the same date.
All projects undertaken to facilitate the implementation of the recommendations of the PSPC report have now been completed, and/or are being progressed as part of normal business. A range of other initiatives have been introduced including commissioning from the ranks, the re-entry of former PDF personnel with specific skills, a sea-going commitment scheme for Naval Service Personnel, an Air Corps Service Commitment Scheme, the Naval Service Tax Credit and extending service limits for Privates, Corporals and Sergeants. The recently extended Building Momentum Agreement 2021-2023 provides for increases in pay for all public servants, including members of the Defence Forces of 6.5% over the lifetime of the agreement.
In relation to legislation, the Defence Forces (Evidence) Act 2022 was enacted during 2022. The principal purpose of this Act is to provide for members of the Military Police to take and use DNA samples and other evidence for the purposes of their investigations, including outside the jurisdiction when Defence Forces personnel are deployed overseas. I also signed the Commencement Order for the Defence (Amendment) Act 2021 and all provisions of the Act commenced with effect from 4 April 2022. Comprehensive rewrites of the Defence Forces Regulations relating to the Reserve Defence Forces (R5 and R7) and Boards of Survey (L7) have also been completed.
A three year implementation plan for the Civil Defence policy “Civil Defence-Towards 2030” was approved and as part of this a new Civil Defence Volunteer and Equipment Management System will go live in the coming months. This will allow for more efficient management of around 3,000 Civil Defence volunteers, their training and activities. It will also assist equipment and vehicle management. My Department are also progressing the introduction of a modern aggregated legislative basis for Civil Defence. The General Scheme of the Civil Defence Bill 2022 was approved for drafting by Government during 2022. It is expected that the Bill will be published in early 2023 and it will then progress through the parliamentary process.
With regard to international initiatives, my Departments main focus since June 2020 was Ireland’s policy input into negotiations around the establishment in March 2021 of the European Peace Facility (EPF); the new mechanism to finance Common Security and Defence Policy initiatives, and the Strategic Compass; which sets out the EU’s shared vision for Common Security and Defence Policy that was adopted in March of this year.
Since June 2020, the Office of Emergency Planning (OEP) in my Department has continued to prioritise and enhance interdepartmental strategic emergency management through capacity building and knowledge sharing. This has been achieved by the publication of 4 guideline documents under the Strategic Emergency Management, National Structures and Framework suite of documents. These guideline documents we re produced on the subjects of the National Emergency Coordination Group; Critical Infrastructure Resilience; Climate Adaption and; Planning and Exercising. The OEP has provided specialist training to colleagues from across the Lead Government Departments on the subject of strategic emergency management and crisis communications. Working with the Shared Island Unit of the Department of the Taoiseach, the OEP has hosted an all-island disaster risk reduction conference, bringing together policy area, academic and private sector experts in strategic emergency planning from across the island of Ireland.
My Department also published The National Risk Assessment for Ireland 2020, which identifies and assesses the likelihood and impact of key risks facing the State across a broad range of emergencies. It formed part of the EU-wide risk assessment process. Subsequently, my Department also published an Assessment of Risk Management Capabilities Report in 2021, which identified the capabilities in each of the government departments tasked with dealing with the 16 strategic risks identified in the National Risk Assessment for Ireland.
The Government Task Force on Emergency Planning, which I chair, convened 11 times in the reference period, with another meeting to be convened before the end of 2022. In addition, a number of subgroups were held over the reporting period to deal with issues such as Critical Infrastructure Resilience, Strategic Risk Management, Emergency Communications, Public Information Campaigns, International Engagement and CBRN issues.
I am satisfied that significant progress is being made in implementing the Government’s ambitious programme for Defence and I look forward to ongoing delivery of key commitments.
329. Deputy John Brady asked the Minister for Defence if he will provide details of any instances of near misses, or where safety reviews were carried out into incidents which occurred during live fire training exercises conducted by the Defence Forces; and if he will make a statement on the matter. [61690/22]
View answerI am informed by the military authorities that it was not possible to collate the required information within the timeframe available. I shall provide the information to the Deputy once it becomes available.
330. Deputy Catherine Murphy asked the Minister for Defence the estimated cost in 2023 if the specialised instructor allowance was reinstated within the Defence Forces. [61881/22]
View answerThe Specialised Instructors Allowance for Officers was bought out under the Public Service Agreement 2013-2016 (the Haddington Road Agreement), with the agreement of RACO. There was a negotiated buy-out, essentially, of that specialist instructor allowance under a pay round discussion and negotiation.
It is estimated that the cost of reinstatement would be in the region of €535,000 per annum, taking into account the impact of the 2022 Building Momentum Extension and depending on the numbers of officers to which any reintroduced allowance might apply.
331. Deputy Sorca Clarke asked the Minister for Defence whether the Defence Forces Colour Vision Working Group established to review the colour vision requirements for joining the Defence Forces has completed its review; if a report has been presented to the Department; and if he will make a statement on the matter. [62139/22]
View answerCandidates applying for positions in the Defence Forces are required to meet specific criteria for military service, as laid down in Defence Forces Regulations, made pursuant to the Defence Act 1954, as amended and extended.
The vision standards required for entry to the Defence Forces, as provided for in Defence Force Regulations, include that applicants colour vision must be normal. The Defence Forces colour vision standard is defined by the ability to pass the Ishihara Colour Plates. This is a ‘normal’ or ‘abnormal’ test. It is universally accepted that the Ishihara Test is the ‘Gold Standard’ for the detection of all grades of colour vision deficiencies. To be accepted as an eligible candidate for entry into the Defence Forces, the applicant must have ‘normal results’. The only exception to this are applicants to the Defence Force Instrumentalists Stream.
The conditions for entry to and service in the Permanent Defence Force, including the methodologies used for assessments, are subject to continuous review and modification having regard to the needs of the organisation and the development of best practices. Irrespective of a desire to increase the recruitment pool, health and safety concerns must be satisfied.
At present, all applicants must have normal colour vision to join the Defence Forces.
A Defence Forces Colour Vision Working Group was established to review the colour vision requirements for entry to the Defence Forces, including the potential for persons with functional grade 2 vision to serve. The military authorities have advised that due to a number of competing priorities, the Working Group has not yet concluded its deliberations and recommendations remain under review.
However, I will seek an update from the military authorities on when this body of work is expected to be concluded and I will duly update the Deputy.
332. Deputy Catherine Connolly asked the Minister for Defence if he is satisfied at the way in which the protected disclosure section of the Department operates; if he is satisfied with the way in which protected disclosures are dealt with; and if he will make a statement on the matter. [62284/22]
View answerThe purpose of the Protected Disclosures Act 2014 (the Act) is to provide a mechanism whereby workers can provide information in confidence to employers relating to relevant wrongdoings as set out in the Act. It also protects persons from the taking of action against them in respect of the making of disclosures. In the case of members of the Defence Forces, the Ombudsman for the Defence Forces is empowered to investigate their claims of penalisation.
The Act does not set out a process by which information provided by way of a protected disclosure should be investigated. The process adopted, broadly speaking, is one of assessing whether the information provided meets the criteria of the Act and then assessing the best method to investigate the alleged wrong doing using either internal or external methods. Each disclosure is dealt with on its merits and the time to consider matters can be influenced by the complexity and multiplicity of events outlined. A Discloser is not seen as a Complainant and the protected disclosure process does not involve investigating the Discloser or making findings against the Discloser.
Section 16 of the Act provides that subject to exceptions, a person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made. On this basis, it would be inappropriate for me to give specific detail that may identify a Discloser.
Members of the Defence Forces may also avail of the statutory processes in place for redress of wrongs. I have no statutory role in the process for investigating complaints submitted under the process. I should also underline that this process is separate and distinct to the protected disclosures mechanism.
I am fully committed to compliance with the requirements of the Protected Disclosures Act, 2014 and to the protections contained in that Act. The Deputy may wish to note that the provisions of the Protected Disclosures (Amendment) Act 2022 will commence on the 1st January 2023.
333. Deputy Catherine Connolly asked the Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62285/22]
View answer334. Deputy Catherine Connolly asked the Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62286/22]
View answer335. Deputy Catherine Connolly asked the Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62287/22]
View answer336. Deputy Catherine Connolly asked the Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62288/22]
View answer337. Deputy Catherine Connolly asked the Minister for Defence the status of a protected disclosure (details supplied); and if he will make a statement on the matter. [62289/22]
View answerThe purpose of the Protected Disclosures Act 2014 (the Act) is to provide a mechanism whereby workers can provide information in confidence to employers relating to relevant wrongdoings as set out in the Act. It also protects persons from the taking of action against them in respect of the making of disclosures.
Section 16 of the Act provides that subject to exceptions, a person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made. On this basis, it would be inappropriate for me to give specific detail of any disclosure that may identify a Discloser.
I am fully committed to compliance with the requirements of the Protected Disclosures Act, 2014 and to the protections contained in that Act. The Deputy may wish to note that the provisions of the Protected Disclosures (Amendment) Act 2022 will commence on the 1st January 2023.
338. Deputy Catherine Connolly asked the Minister for Defence the position of the person who makes determinations in respect of internal complaints submitted by members of the Defence Forces; and if he will make a statement on the matter. [62290/22]
View answerI wish to advise the Deputy that the Chief of Staff has overall responsibility for discipline and order within the Defence Forces. The provisions provided in the Defence Act, therefore, with regard to military discipline, operate independently of myself, as the Minister.
A serving member of the Defence Forces may avail of a number of processes to pursue any complaint in relation to their treatment or experiences within the Defence Forces. Defence Forces Regulations A7, in the first instance, provides the regulatory framework for dealing with such matters for serving members of the Defence Forces.
Within this framework, Administrative Instruction A7, Chapter 1 sets out the Defence Forces policy and procedures regarding interpersonal relationships in the Defence Forces including bullying and harassment, in order to deter unacceptable behaviour and promote a service environment based on mutual respect, equality and professionalism. The framework provides for complaints of this nature to be dealt with in both a formal and informal way through a trained Designated Contact Person (DCP) network.
Under this process the individual’s Unit Commander issues a “Commander’s Decision” on the matter following an investigation of a formal complaint.
Chapter 2 of Administrative Instruction A7 provides another formal mechanism for members, under Section 114 (1) and 114 (2) of the Defence Act, 1954, to seek redress of wrongs or to make a complaint. The objective of the process is to resolve grievances at the earliest possible point within the military structure. Complaints may be submitted orally or in writing to the complainants Commanding Officer, or in the case where they feel themselves wronged by their Commanding Officer, may complain to the Chief of Staff. If a complaint cannot be resolved at Formation level, it is forwarded to the Chief of Staff for his considered ruling on the matter. Notifications are sent to my office and the office of Ombudsman for the Defence Forces formally when any Chapter 2 complaint is submitted and of its subsequent outcome.
Under this mechanism there exists also recourse for the complaint to be referred to the Ombudsman for the Defence Forces (ODF) for investigation and recommendation if appropriate. The Ombudsman, as your will be aware, is entirely independent in carrying out his functions in line with the provisions of the Ombudsman for the Defence Forces Act, 2004, and his final report, which may include a recommendation on each complaint, is submitted to me for determination.
A serving member may also, in line with Section 6 of the Ombudsman (Defence Forces) Act 2004, submit a complaint directly to the Ombudsman, without having first initiated a complaint under the Redress of Wrongs process within timelines set down in that Act. Former members of the Defence Forces may also make their complaint directly to the ODF also within given timelines.
In the event that a complaint of a potentially criminal nature is reported, the standard procedure is that the matter is investigated immediately by the Military Police. Where allegations of criminal incidents among serving member are brought to the attention of the Military Police, they are traditionally passed to An Gárda Síochána for their consideration and investigation, who have the lawful authority, skills and resources to investigate such matters.
