Dáil Eireann Debate OF PESCO EU ARMY IN SECRET

Dáil Eireann Debate OF PESCO EU ARMY IN SECRET
Written Answers Nos 1-57 - Oireachtas

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13/12/2016WRA00100
The following are questions tabled by Members for written response and the ministerial replies as
received on the day from the Departments [unrevised].
Questions Nos. 1 to 7, inclusive, answered orally.
Questions Nos 8 to 27, inclusive, resubmitted.
Questions Nos. 28 to 37, inclusive, answered orally.
13/12/2016WRA00600European Security Strategy13/12/2016WRA0070038. Deputy Bríd Smith asked
the Taoiseach and Minister for Defence his views on the joint German French paper calling for a new
European security contract. [39830/16]13/12/2016WRA00800Minister of State at the Department of
Defence (Deputy Paul Kehoe):
The joint paper prepared by the German and French Defence Ministers ‘A strong Europe in a world of
uncertainties’ is one of a number of papers written by Member States setting out their priority areas for
discussion on the implementation of the EU Global Strategy on Foreign and Security Policy. This paper,
along with others, was considered as part of the discussions on future developments in the area of security
and defence.
The way forward for the implementation of the EU Global Strategy was agreed in Council Conclusions
adopted on the 14 November. Ireland shares the views of other member states on the need for coherence
in internal/external security policies and increased investment in addressing external conflicts through a
range of instruments including diplomatic, economic development, peace support and crisis management
tools. Ireland remains fully committed in these areas including through an active contribution to EU
Common Security and Defence Policy (CSDP) as it has developed to date.
We will continue to participate in the ongoing development of CSDP, as provided for in the EU Treaties,
in support of the UN and international peacekeeping and crisis management.
Questions Nos. 39 and 40 answered orally.
13/12/2016WRA00950Civil Defence13/12/2016WRA0100041. Deputy Robert Troyasked the Taoiseach
and Minister for Defence if he will make the necessary arrangements with Westmeath County Council to
ensure that Westmeath Civil Defence is adequately accommodated in a premises that fully meets its needs
and passes health and safety regulations; and if he will make a statement on the matter. [39654/16]
13/12/2016WRA01100Minister of State at the Department of Defence (Deputy Paul Kehoe):
The provision of accommodation for local Civil Defence Units is the responsibility of the relevant local
authority. This is a longstanding position which was reaffirmed in the 2015 White Paper on Defence.
As Minister with responsibility for Defence I provide policy direction for Civil Defence and the
Department of Defence manages and develops Civil Defence at national level. The Civil Defence Branch
of the Department provides centralised training, administrative support and guidance and centralised
procurement of major items of uniform and equipment in support of local authority Civil Defence efforts.
At local level, Civil Defence Units are based in each local authority area under the operational control of
the relevant local authority. On a day to day basis these Units operate under the control of a Civil Defence
Officer, who is a fulltime employee of the local authority.
Civil Defence in each county is generally funded on a 70:30 basis, by way of an annual grant from the
Department of Defence with the balance being funded by the local authority.
Senior officials from the Department of Defence have met with senior officials from Westmeath County
Council earlier this year. This has been in keeping with efforts by the Department, since the closure of
Columb Barracks in 2012, to explore a number of avenues to try and secure the long term future of the
former barracks for the benefit of the local community. To date, Westmeath County Council has declined
the option of availing of Columb Barracks for use, including for use by Civil Defence.
I met recently with a number of volunteers from Westmeath Civil Defence who outlined their concerns
with the existing accommodation arrangements. I understand that this has also been raised at a meeting of
Westmeath County Council.
Westmeath County Council have advised officials in the Department of Defence that they are conducting
a review of the accommodation for Civil Defence in Westmeath. While the provision of accommodation
is a matter for Westmeath County Council, department officials have offered to provide any advice
required by the Council in developing their outline plan for Westmeath Civil Defence.
13/12/2016WRA01200Military Aircraft Landings13/12/2016WRA0130042. Deputy Clare Daly asked
the Taoiseach and Minister for Defence the number of occasions that aid to civil power functions were
carried out by Defence Forces personnel at Shannon airport, Dublin airport and Cork airport, in respect of
the protection of US military aircraft, and any other reason for each of the years 2011 to 2016 to date; and
the nature of the arrangement when foreign military aircraft land at Casement Aerodrome; and if he will
make a statement on the matter. [39707/16]13/12/2016WRA01400Minister of State at the Department of
The Department of Justice and Equality and An Garda Síochána have primary responsibility for the
internal security of the State. Among the roles assigned to the Defence Forces is the provision of Aid to
the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so.
The number of occasions that the aid to civil power functions were carried out by Defence Forces
personnel at Shannon airport, Dublin airport and Cork airport, in relation to the protection of US military
aircraft for each of the years 2011 to date in 2016 is as follows:
YEAR Shannon Dublin Cork 2016 (as of 9 December
2016) 385 0 0 2015 322 0 0 2014 372 0 0 2013 324 0 0 2012 381 0 0 2011 327 0 0
With regard to Casement Aerodrome, in accordance with the legislative requirements of the Air
Navigation (Foreign Military Aircraft) Order 1952, all foreign military aircraft wishing to overfly or land
in the State require the permission of the Minister for Foreign Affairs and Trade. A request is received by
the Department of Foreign Affairs and Trade from the relevant embassy of the visiting/overflying foreign
aircraft. This request is then forwarded to a number of parties including the Department of Defence and
the Department of Justice and Equality for observations and confirmation that the aircraft can be
facilitated for landing at Casement Aerodrome.
13/12/2016WRA01500Maternity Leave13/12/2016WRA0160043. Deputy Mick Barry asked
the Taoiseach and Minister for Defence if he will legislate to end the situation whereby maternity leave
taken by female members of the Defence Forces is not reckonable for pension purposes; and if he will
make a statement on the matter. [39825/16]13/12/2016WRA01700Minister of State at the Department of
Female members of the Permanent Defence Force are entitled to take maternity leave in the same way as
all other employees in the State.
Defence Forces Regulations specifically provide for 26 weeks paid maternity leave and 16 weeks
additional unpaid maternity leave for Permanent Defence Force personnel.
I can confirm that the 26 consecutive weeks’ maternity leave with pay and allowances reckons as
qualifying service for pension purposes for Permanent Defence Force personnel.
On the expiration of paid maternity leave, up to 16 consecutive weeks additional maternity leave without
pay and allowances may be taken. This unpaid leave does not reckon for pension purposes.
The foregoing arrangements are the same as for all other public servants. They are also in accordance
with the relevant legislation governing maternity leave. Any amendments to that legislation would be a
matter for the Minister for Justice and Equality.
Question No. 44 answered with Question No. 36.
13/12/2016WRA01850Defence Forces Personnel Data13/12/2016WRA0190045. Deputy Lisa
Chambers asked the Taoiseach and Minister for Defence the number of Defence Forces personnel
currently on overseas missions in tabular form; and if he will make a statement on the matter. [39805/16]
As of 1 December 2016, Ireland is contributing 661 Defence Forces personnel to 11 different missions
throughout the world, along with deployments to two standby Battlegroup Headquarters and a range of
international organisations and National Representations
The main overseas missions in which Defence Forces personnel are currently deployed are the United
Nations Interim Force in Lebanon (UNIFIL) with 379 personnel, the United Nations Disengagement
Observer Force (UNDOF) in Syria with 136 personnel and the Naval Service humanitarian mission in the
Mediterranean with 57 personnel.
The 379 personnel in UNIFIL serve alongside Finnish Armed Forces as part of a joint Battalion of which
Ireland recently has taken over command. As a consequence of taking over command we deployed an
additional Company of some 150 personnel as part of Ireland’s contribution to this mission.
Ireland has a long and continuous record of contributing to peacekeeping missions. Participation in these
missions demonstrates Ireland’s strong support for the role of the United Nations in international
peacekeeping. The current contribution of some 661 personnel to overseas missions reflects the
Government’s continued commitment to our responsibilities in this area.
Full details of all personnel currently serving overseas are listed in the following tabular statement which
will be circulated with the Official Report:
Members of the Permanent Defence Force Serving Overseas As of 1 December 2016
1. UN MISSIONS
(i) UNIFIL (United Nations Interim Force in Lebanon) HQ 30
UNIFIL 109th Infantry Battalion 341
UNIFIL Sector West HQ 8
(ii) UNTSO (United Nations Truce Supervision Organisation) Israel & Syria 13
(iii) MINURSO (United Nations Mission for the Referendum in Western Sahara) 3
(iv) MONUSCO (United Nations Stabilisation Mission in the Democratic 4
Republic of the Congo)
(v) UNOCI (United Nations Mission in Ivory Coast) 1
(vi) UNDOF (United Nations Disengagement Observer Force) HQ, 6
Golan Heights, Syria
UNDOF 54th Infantry Group 130
TOTAL 536
UN MANDATED MISSIONS
(vii) EUFOR (EUled Operation in Bosnia and Herzegovina) 7
(viii) EUTM Mali (EULed Training Mission) 18
(ix) KFOR (International Security Presence in Kosovo ) HQ 12
TOTAL NUMBER OF PERSONNEL SERVING WITH UN MISSIONS 573
2. OTHER DEPLOYMENTS
Naval Service Humanitarian Mission in Mediterranean L.É. Samuel Beckett 57
3. ORGANISATION FOR SECURITY AND COOPERATION IN EUROPE (OSCE)
(i) OSCE Mission to Bosnia and Herzegovina 1
(ii) Staff Officer, High Level Planning Group, Vienna 1
TOTAL NUMBER OF PERSONNEL SERVING WITH OSCE 2
4. EU MILITARY STAFF
Brussels 4
5. EU BATTLE GROUP
Germanled Battle Group 2016 HQ, STRASBOURG 10
UKled Battle Group 2016, UK 5
6. MILITARY REPRESENTATIVES/ADVISERS/STAFF
(i) Military Adviser, Permanent Mission to UN, New York 1
(ii) Military Adviser, Irish Delegation to OSCE, Vienna 1
(iii) Military Representative to EU (Brussels) 4
(iv) Liaison Officer of Ireland, NATO /PfP (Brussels) 2
(v) EU OHQ Operation Althea, Mons, Belgium 1
(vi) Irish Liaison Officer to SHAPE & Military CoOp Division, Mons, Belgium 1
TOTAL NUMBER OF DEFENCE FORCES PERSONNEL SERVING OVERSEAS 661
13/12/2016WRA02100Defence Forces Personnel13/12/2016WRA0220046. Deputy Lisa Chambers asked
the Taoiseach and Minister for Defence his proposals to compensate Defence Forces members for lost
leave in circumstances in which members that travelled overseas had significant leave to take and in
which it was not possible to take that leave for various reasons such as training commitments or a
shortage of personnel to provide cover and in view of the fact that members cannot carry over this leave
to the next year. [39807/16]13/12/2016WRA02300Minister of State at the Department of
The provisions for the granting of annual leave to members of the Permanent Defence Force (PDF) are
set out in Paragraph 16 of Defence Forces Regulations A.11. The current provision in relation to annual
leave that cannot be availed of is that Officers can carryover a maximum of 24 days and Other Ranks can
carryover a maximum of 19 days.
The Deputy may wish to note that personnel who serve overseas are also in receipt of leave from the
mission in accordance with the mission’s Standard Operating Procedures during their deployment, which
is generally three weeks. In addition, all personnel serving overseas also receive special leave
immediately upon their return from overseas service, which is six days per calendar month that the
individual served overseas up to a maximum of 30 days. This is in addition to the facility to carryover
leave stated earlier.
The Department received a claim from PDFORRA under the Conciliation and Arbitration scheme to have
the provisions for the carrying over of annual leave, currently capped at 19 days, set aside. Having
considered the matter, the Department advised PDFORRA on the 23 November 2016 that, on the basis of
the case made by them, it was not in a position to accede to their claim.
I have been advised by my officials that legal proceedings have been commenced recently in relation to
this matter and, as the matter is before the courts, it would not be appropriate for me to comment further.
13/12/2016WRA02400Defence Forces Representative Organisations
13/12/2016WRA0250047. Deputy Lisa Chambers asked the Taoiseach and Minister for Defence the
discussions or correspondence he or his Department has had with Defence Forces representative
organisations on both the conciliation and arbitration scheme and the parallel process; and if he will make
a statement on the matter. [39806/16]13/12/2016WRA02600Minister of State at the Department of
The Conciliation and Arbitration scheme for members of the Permanent Defence Force (PDF) provides a
formal mechanism for the PDF Representative Associations, RACO and PDFORRA, to engage with the
Official side. The purpose of the scheme is to provide a means for the determination of claims and
proposals from the Associations relating to remuneration and conditions of service. Since 1993, there
have been significant developments and improvements in the pay and conditions of military personnel.
The Representative Associations have been to the fore in advancing the interests of their members in this
regard, bringing them in line generally with the pay and conditions available in other public service
employments.
Officials from my Department continue to work with the Representative Associations in a positive and
collaborative process within the C and A Scheme which points to the effectiveness of the scheme for
resolving IR issues. It is open to the Representative Associations to submit claims to the Official side in
relation to matters falling within the C and A scheme, generally claims relate to pay and conditions,
award of allowances etc. When submitted these claims are generally the subject of negotiations and where
agreement is not reached it is open to both sides to seek the assistance of an adjudicator to settle the
matter.
In relation to the parallel process referred to by the Deputy, I should firstly outline that under the terms of
the Defence (Amendment) Act, 1990 the Defence Forces Representative Associations are prohibited from
being associated with, or affiliated to any trade unions, or any other body without the consent of the
Minister. Accordingly, the Representative Associations cannot be affiliated to ICTU at present. The basis
for the prohibition is that it would be inappropriate to apply the provisions of the Industrial Relations Act,
1990 to members of the Defence Forces. The taking of any form of industrial action is irreconcilable with
military service. This is a long standing policy position taken by respective Governments since the
foundation of the State. The Defence Forces may be called on to contribute to maintaining vital services
in times of industrial action. The potential for serious difficulties and conflicts could arise in these
circumstances if the Defence Forces Representative Associations were associated with, or affiliated to
ICTU, given ICTU rules in relation to such matters.However, a number of mechanisms have been put in
place through the Defence Forces Conciliation and Arbitration Scheme which provides the Representative
Associations with structures and processes, which enable them to make representations and negotiate on
behalf of their members.
In addition, a framework exists which facilitates the Associations engaging with the official side in talks
parallel to those taking place between ICTU and the official side at National level.
I have recently received a detailed submission from RACO in which they put forward their views and
recommendations in relation to the future development of both processes. My officials are currently
examining this submission with a view to appraising me of same in the coming weeks.
13/12/2016WRA02700European Defence Capabilities13/12/2016WRA0280048. Deputy Paul
Murphy asked the Taoiseach and Minister for Defence his views on the European Commission’s
proposals for a common EU military research and development fund and common military procurement
fund; his further views on the use of EU institutions for military purposes; and if he will make a statement
on the matter. [39831/16]13/12/2016WRA02900Minister of State at the Department of
The College of Commissioners adopted the European Defence Action Plan on 30 November last. I should
point out at the outset that this is simply a proposal from the Commission. It has not been discussed or
agreed by the member States or the European Parliament. As such, it has yet to go through the wide
ranging and extensive EU procedures before any part of it becomes a reality. The aim of the Plan is to
explore how EU policies and instruments can ensure that the EU’s industrial and skills base will be able
to deliver required defence capabilities in view of current and future security challenges. As part of this
Plan, the Commission has proposed the creation of a European Defence Fund. There are also proposals in
the Plan to increase transparency in relation to Defence procurement.
The purpose of the Defence Fund is to promote research and innovation and contribute to the
strengthening of the European defence technological and industrial base, and to further stimulate the
development of key defence capabilities. The Commission has proposed that the fund would have
research and capability windows.
Under the research window, it is proposed that €90 million in funding will be made available for
collaborative defence research projects over the period 20172020 in what is known as the “Preparatory
Action”. The 2017 allocation of €25 million has already been approved. The Commission also propose
that post 2020, a European Defence Research Programme will be established which will require funding
of €500m per annum. It should be noted that this has yet to be negotiated as part of the post 2020
Multiannual Financial Framework.
Under the capability window, the Commission has proposed the establishment of a fund which would
facilitate Member States in purchasing capability platforms together through the pooling of national
contributions and where possible supported by the EU Budget. The Commission estimate that this fund
would be in the region of €5 billion per year. Any capabilities developed as a result of this plan would
continue to be owned by the relevant Member State. It is important to highlight that this would depend on
Member States agreeing to initiate joint projects which they would cofund from national resources.
It should be noted that the proposals contained in the Plan, in particular in relation to the creation of
European Defence Fund, have yet to be defined in full and negotiated with Member States.
13/12/2016WRA03000European Council Meetings13/12/2016WRA0310049. Deputy Mick
Wallace asked the Taoiseach and Minister for Defence if he attended the European Council joint session
of Defence and Foreign Affairs on 14 November 2016, at which the implementation of the EU global
strategy in the area of security and defence was discussed; his views on the Council conclusions adopted
at this meeting regarding the deepening of defence cooperation between EU states, particularly in view
of Ireland’s stated policy of military neutrality; and if he will make a statement on the matter. [39838/16]
I attended the recent joint Foreign Affairs and Defence Council along with my colleague Minister Dara
Murphy who represented Minister Flanagan, at the meeting. At this meeting Council Conclusions were
adopted on implementing the EU Global Strategy in the area of security and defence.
Ireland is supportive of the range of actions set out in the conclusions and is committed to the EU’s
Common Security and Defence Policy and the key role that it can play in international peacekeeping and
crisis management. Global threats require coordinated approaches, including within the EU, and between
the EU and its international partners.
The EU has a long track record of cooperation with the UN, NATO, OSCE, AU and other organisations. I
welcome in particular the continued commitment to work closely with United Nations. As set out in the
Global Strategy, “the EU will promote a rulesbased global order with multilateralism as its key principle
and the UN at its core”.
It is also essential that our military have the necessary interoperable capabilities to participate effectively
and safely in UN mandated international peacekeeping operations and crisis management, be they UN,
EU or NATO led missions. In that context, I welcome the proposals in the conclusions in relation to
capability development in support of CSDP.
Within the EU, it is accepted that defence and security is a national competence and that each sovereign
State has the right to choose its own defence policy, which in Ireland’s case is one of military neutrality.
The Council Conclusions, at Ireland’s instigation, include a commitment that the specific character of the
security and defence policy of all EU Member States will be fully respected. Accordingly, the
conclusions have no implications for Ireland’s neutrality.
13/12/2016WRA03300Defence Forces Equipment13/12/2016WRA0340050. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the degree to which the Army, Naval Service and
Air Corps continue to be upgraded to the highest international standards in respect of training, transport,
air and seagoing craft and technology with a view to ensuring maximum performance ability in all
situations and deployments; and if he will make a statement on the matter. [39803/16]
My priority as Minister with Responsibility for Defence is to ensure that the operational capability of the
Defence Forces is maintained to the greatest extent possible so as to enable the Army, Air Corps and
Naval Service to carry out their roles as assigned by Government.
The acquisition of new equipment and equipment upgrades for the Defence Forces remain a clear focus
for me, and the White Paper on Defence published in 2015 recognises that there are several new and or
enhanced platforms to be procured. Future equipment priorities for the Army, Air Corps and Naval
Service are being considered in the context of the lifetime of the White Paper on Defence as part of the
capability development and equipment planning priorities planning process.
There will be continued investment in the development of suitable network enabled communications in
order to meet the challenges of an increasingly complex operational environment. This is also a priority
area for investment if additional funding, beyond that required to maintain existing capabilities, is made
available.
Training standards in the Defence Forces are constantly benchmarked against international best practice.
Participation in overseas operations also necessitates multilateral training and assessment. This facilitates
ongoing review of Defence Forces training methods and standards within an international military
context.
I am satisfied that the Defence Forces training techniques and the most modern methods and effective
range of equipment which is line with best international standards are available to ensure that personnel
are fully equipped to meet their roles.
13/12/2016WRA03600Legislative Measures13/12/2016WRA0370051. Deputy Mick Barry asked
the Taoiseach and Minister for Defence if he will legislate to end the situation whereby the Organisation
of Working Time Act 1997 does not apply to members of the Defence Forces; and if he will make a
statement on the matter. [39826/16]13/12/2016WRA03800Minister of State at the Department of
The implications of the Working Time Directive and its implementation, in respect of the Defence
Forces, under the Organisation of Working Time Act, 1997, have been the subject of an intensive and
ongoing review by my Department for some time. I understand and accept that the current blanket
exemption in respect of Defence Forces activities under the Act in implementing the Directive is no
longer tenable. The task now is to ensure maximum compliance with the Directive.
A detailed review of Defence Forces activities was initiated some time ago in this regard. The Defence
Forces recently concluded an audit of its activities with a view to determining what activities may require
derogations or exemptions under the terms of the Directive.
A list of activities undertaken by the Defence Forces which may qualify for a derogation or exemption
under the terms of the Working Time Directive will soon be submitted to the Attorney General for advice
with a view to implementing appropriate provisions in the planned amending legislation. Subject to that
advice, amendments to deal with these issues in respect of the Defence Forces will be included in the
proposed amendments to the Organisation of Working Time Act, 1997 which is being brought forward by
the Department of Jobs, Enterprise and Innovation.
I have been advised by the Minister for Jobs, Enterprise and Innovation that her Department will shortly,
following the recent approval of the Government, amend the Organisation of Working Time Act, 1997,
insofar as it provides for a specific exclusion for members of An Garda Síochána and it is liaising with
my Department regarding issues arising for the Defence Forces in any such amendments. My
Department, subject to legal advice, will deal with potential issues for exemption and derogation for the
Defence Forces in this legislation.
13/12/2016WRA03900Defence Forces Strength13/12/2016WRA0400052. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the extent to which the strength of Army, Naval
Service and Air Corps continues to remain adequate at all levels to meet challenges or emergencies likely
in the future; and if he will make a statement on the matter. [39804/16]13/12/2016WRA04100Minister of
State at the Department of Defence (Deputy Paul Kehoe):
The Government is committed to maintaining the stabilised strength of the Permanent Defence Force at
9,500 personnel, comprising of 7,520 Army personnel, 886 Air Corps personnel and 1,094 Naval Service
personnel , as stated in the 2015 White Paper on Defence.
The strength of the Permanent Defence Force (PDF) is calculated in terms of wholetime equivalents.
This data is collated on a monthly basis. I am advised by the military authorities that the strength of the
Permanent Defence Force at 31 October 2016, the latest date for which details are available, was 9,110
personnel (whole time equivalent), comprising of:
7,331 Army Personnel
713 Air Corps Personnel and
1,066 Naval Service Personnel.
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. Personnel are posted on the basis of operational
needs across the organisation both at home and abroad.
Members of the Defence Forces are assigned to specific units, which are stationed at various military
installations throughout the country, each having a defined area of taskings in line with the roles of the
Defence Forces outlined in the White Paper.
With the support of the Chief of Staff and within the resources available, I am satisfied that our Defence
Forces continue to develop in line with the requirements needed to fulfil all roles that are assigned to
them by Government in any emergency situations that may arise.
Questions Nos. 53 and 54 answered with Question No. 34.
13/12/2016WRA04250Military Neutrality13/12/2016WRA0430055. Deputy Bríd Smith asked
the Taoiseach and Minister for Defence if there are any implications for Ireland’s neutrality as a result of
recent joint European Union defence plans; and if he will make a statement on the matter. [39829/16]
13/12/2016WRA04400Taoiseach and Minister for Defence (Deputy Enda Kenny):
I am assuming that the Deputy is referring to: The Council conclusions from 14 November on
implementing the EU Global Strategy in the area of Security and Defence;
The European Defence Action Plan as the European Commission’s contribution to developing European
security and defence policy; and,
The Council conclusions of 6 December on a common set of proposals designed to implement the EU
NATO Warsaw Joint Declaration of 08 July.
Ireland will continue to support initiatives, through the Common Security and defence Policy (CSDP),
which improve the capacity of the Union to contribute to international peace and security, particularly in
support of the UN. We support cooperation with international partners where this adds value and
contributes to the achievement of these objectives.
All three elements take account of the specific character of Ireland’s security and defence policy and have
no implications for Ireland’s neutrality.
13/12/2016WRA04500Army Barracks Closures13/12/2016WRA0460056. Deputy Robert Troy asked
the Taoiseach and Minister for Defence the engagement his Department has undertaken, or plans to
undertake, with the Department of Education and Skills regarding the use of Columb Barracks.
Mullingar; and if he will make a statement on the matter. [39653/16]13/12/2016WRA04700Taoiseach
and Minister for Defence (Deputy Enda Kenny):
Following the closure of Columb Barracks in 2012, my Department has explored a number of avenues to
try and secure the long term future of the former barracks for the benefit of the local community.
Government Departments and other Public Bodies, including Westmeath County Council, have been
invited to declare any interest in acquiring the property. No such interest was expressed at that time.
Recently Officials from my Department met with the CEO and officials of Longford and Westmeath
Educational and Training Board regarding possible use of Mullingar Barracks. The meeting included a
visit to the Barracks. To date I have received no proposals from the Board regarding their future use of
the barracks.
While the Department supports the ongoing use of the Barracks by the Public Sector on behalf of the
local community, the current financial and administrative burden resulting from the retention of the
Barracks cannot be sustained given that the Barracks is no longer required for military purposes.
I would be happy to receive proposals from the Department of Education and Skills regarding the
possible purchase and future development of the site for the benefit of the local community. This is in
keeping with the Department’s policy to dispose of surplus property no longer required for military
purposes.
13/12/2016WRA04800Defence Forces Medicinal Products13/12/2016WRA0490057. Deputy Clare
Daly asked the Taoiseach and Minister for Defence his views on a request sent to the director of the
medical corps by a senior member of the Defence Forces in 2009 and 2010 for a medical risk assessment
of the safety of Lariam to be carried out, including a comparative survey of personnel returning from
Chad and Kosovo (details supplied), which was not acceded to; and if he will make a statement on the
matter. [39706/16]13/12/2016WRA05000Taoiseach and Minister for Defence (Deputy Enda Kenny):
The Director Medical Branch provides military medical advice to the Chief of Staff and the General Staff
and is responsible for clinical governance and the development of clinical policy, medical education and
training in the Defence Forces. In relation to the documents referred to by the Deputy, I note that only one
of the documents was addressed to the Director Medical Branch.
In relation to that document or indeed any documents sent to the Director Medical Branch, it is a matter
for the Director to assess and consider in his professional capacity as clinical advisor the content of such
documents. I note that the Director responded to the issue, when it came to his attention, clearly outlining
his considerations at the time.
I am also advised by the military authorities that risk assessments are carried out for all mission areas.
These risk assessments are intended to identify all hazards that might exist in a mission area, including
health risks. Suitable control measures are then put in place to minimise identified risks. Where a health
risk is identified the control measures will include preventative medication where appropriate.
Where malaria has been identified as a risk in a particular mission area, the choice of chemoprophylaxis
medication is dependent on a number of factors including the type of malaria in the destination, resistance
to particular drugs, the profile of the traveller (contraindications, underlying health conditions, purpose
of travel), the duration of travel and adherence issues.
The choice of medication for overseas deployment, for both officers and enlisted personnel, including the
use of Lariam, is a medical decision made by Medical Officers in the Defence Forces, having regard to
the specific circumstances of the mission and the individual member of the Defence Forces.
Significant precautions are taken by Defence Forces Medical Officers in assessing the medical suitability
of members of our Defence Forces to take any of the antimalarial medications. It is the policy of the
Defence Forces that personnel are individually screened for fitness for service overseas and medical
suitability i.e. a medical risk assessment for Lariam is carried out on an individual basis.
The health and welfare of the men and women of the Defence Forces is a high priority for me and the
Defence Forces. The use of and the information on medications is kept under ongoing review.
13/12/2016WRB0010013/12/2016WRB00200European Security Strategy
13/12/2016WRB0030058. Deputy Paul Murphy asked the Taoiseach and Minister for Defence his views
on the establishment of a joint EU military headquarters; his further views on the increased militarisation
of the European Union; and if he will make a statement on the matter. [39832/16]
13/12/2016WRB00400Minister of State at the Department of Defence (Deputy Paul Kehoe):
The proposal being advanced is not of an EU joint military headquarters but rather the development of a
joint civil/military operational headquarters, which can support the effective planning and operations of
CSDP operations. As I previously advised the House, there have been proposals around for some time,
that the EU should establish a joint operational headquarters to support the planning and conduct of its
civil and military operations. A permanent joint civilmilitary operational headquarters, appropriately
configured, could potentially deliver more effective and responsive CSDP operations in support of the
UN and international peace and security, a position which Ireland supports.
This is a matter which EU Member States, including Ireland, will consider in the context of the Council
Conclusions of 14 November on implementing the EU Global Strategy on Foreign and Security Policy.
Ireland will participate fully in that process and in the ongoing development of the EU Common Security
and Defence Policy (CSDP) in support of the UN and international peacekeeping and crisis management.
Current proposals are designed to improve the effectiveness of operational planning and conduct capacity
within the EU for both civil and military operations under CSDP. I do not believe that that represents an
increase in or a move towards militarisation of the EU. The Lisbon Treaty provides that the Common
Security and Defence Policy “shall provide the Union with an operational capacity drawing on assets civil
and military. The Union may use them on missions outside the Union for peacekeeping, conflict
prevention and strengthening international security in accordance with the principles of the United
Nations Charter. The performance of these tasks shall be undertaken using the capabilities provided by
the Member States”.
I am satisfied that the issue of having an effective joint planning and operational capacity to support
CSDP civil and military operations is one which is reasonable to consider in this regard, particularly
having regard to the EU’s comprehensive approach to international crises.
13/12/2016WRB00500Defence Forces Medicinal Products13/12/2016WRB0060059. Deputy Clare
Daly asked the Taoiseach and Minister for Defence the number of experts being referred to in the
responses to Parliamentary Question No. 11 of 18 June 2013 and No. 69 of 24 November 2015, in which
it is stated that those experts concur with the prescribing practices for Lariam followed by the Defence
Forces; and the names of the experts involved. [39703/16]13/12/2016WRB00700Minister of State at the
Department of Defence (Deputy Paul Kehoe):
The Working Group on Malaria Chemoprophylaxis was established in January 2011 and reported in April
2013. The purpose of the Group is to review, inter alia, issues arising in relation to the use of Lariam,
particularly in the context of the current and potential litigation. The Group was reconvened in August
2015 and is due to complete its report shortly. As with the Group’s original report, the current report is
being produced in the context of current and potential litigation and is, therefore legally privileged, as is
information about the working group.
13/12/2016WRB00900Defence Forces13/12/2016WRB0100061. Deputy Fiona O’Loughlin asked
the Taoiseach and Minister for Defence the way in which partnerships have been encouraged between the
Defence Forces and the private sector in the County Kildare area with a view to increased research,
innovation and enterprise development; and if he will make a statement on the matter. [39822/16]
13/12/2016WRB01100Taoiseach and Minister for Defence (Deputy Enda Kenny):
There is an ongoing requirement to examine new and innovative means of improving capabilities in the
security and the defence domain, so that the Defence Forces are in a position to undertake the roles
assigned by Government.
On that basis, the Government approved arrangements in July 2011, whereby Enterprise Ireland (EI)
would support the Department of Defence and Defence Forces capability development through
engagement with Irishbased enterprise and research institutes on the use and application of innovative
civilian technologies in the military sphere.
The Government decision allowed for greater engagement with EI and EI supported companies which
could contribute to Defence Forces capabilities across the full range of its activities.
The Government’s White Paper on Defence states that my Department will “identify opportunities for
cooperativecollaborative engagement between the Defence Forces and Irishbased enterprise and
research institutes, including third level colleges”. In line with this, work is ongoing to further develop the
Defence Enterprise Initiative.
Projects proposed by institutes and companies, where they are seeking to partner with, or involve,
Defence Forces participation are submitted to the Defence Enterprise Committee for consideration. The
Defence Enterprise Committee consists of personnel from the Department of Defence, the Defence
Forces and Enterprise Ireland. All capabilities to be researched are vetted and agreed at the highest level
in the Defence Organisation to ensure compatibility with the roles assigned to the Defence Forces by the
Government.
The engagement is targeted at companies and research institutes which have relevant technologies or are
developing technologies which can support Defence Force capabilities and does not target specific
geographical area. However, I am aware of two projects involving the Defence Forces and Kildare based
companies, one of which was part of a successful bid for Horizion 2020 funding in 2016.
Another Kildare company has been involved with the Irish Maritime Energy and Resource Cluster
(IMERC) on an ongoing basis since 2010. IMERC is a partnership of the Naval Service, University
College Cork, and Cork Institute of Technology. This research and commercial cluster aims to realise
Ireland’s economic potential in the global, maritime and energy markets and brings together expertise in
the fields of energy engineering, maritime operations, maritime technology and ecosystem governance. In
collaboration with IMERC, the Naval Service is involved in a number of research initiatives in the
maritime domain.
My Department and the Defence Forces will continue to provide assistance to EI and companies
supported by EI in 2017 and beyond.
13/12/2016WRB01200Tribunals of Inquiry Expenditure13/12/2016WRB0130062. Deputy Thomas P.
Broughan asked the Taoiseach the total cost to his Department to date of the Moriarty
Tribunal. [39416/16]13/12/2016WRB01400The Taoiseach:
The Moriarty Tribunal was established in 1997 and published its Final Report in March 2011. Following
publication of that Report, the Tribunal’s backup team was substantially reduced. A small legal and
administrative staff remains in place to deal with applications for thirdparty costs and with the ongoing
business of winddown. The Tribunal is also subject to a number of legal proceedings for which it uses its
own legal resources as much as possible.
Total expenditure by my Department from the establishment of the Moriarty Tribunal in 1997 to end
November 2016 was €54.652 million.
13/12/2016WRB01500Brexit Issues13/12/2016WRB0160063. Deputy Micheál Martin asked
the Taoiseach the status of the preparations on Brexit. [39813/16]13/12/2016WRB01700The Taoiseach:
The Government has considered Brexit issues regularly since the UK referendum result, including on foot
of ten separate Memoranda for Government. I am ensuring that a wholeofGovernment response to
Brexit is being developed, including through the Brexit Cabinet Committee which I established following
the referendum result, which I chair and which will involve all Ministers as required. The issues involved
concern all Ministers, Departments and Agencies and require a consistent and comprehensive wholeof
Government response.
The Cabinet Committee on Brexit has met on a number of occasions, most recently on 24 November, to
continue overall coordination of our preparations for the negotiations on Brexit which will take place
once the British Government submit their Article 50 notification. The Committee also considers the
potential impact of Brexit for Ireland, as well as any economic opportunities that may arise. Separately,
a special Government meeting was held on 16 November to consider Brexit issues and, in particular, to
prepare for an important plenary meeting of the North South Ministerial Council in Armagh on 18
November.
I have also restructured my Department to ensure that Brexit is treated as a crucial crosscutting issue,
including by creating a newly amalgamated International, EU and Northern Ireland Division, under a new
Second Secretary General. The work of this Division includes supporting the 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.
13/12/2016WRB01800Departmental Agencies Data13/12/2016WRB0190064. Deputy Fiona
O’Loughlin asked the Taoiseach the number of State boards under the remit of his Department or its
agencies in tabular form; the total number of members of each board; the number of women on each
board; and the percentage of each board that is made up of women. [39352/16]13/12/2016WRB02000The
Taoiseach:
Table
No Board Total Members Number of Women % of Women 1 National Statistics Board
(NSB) 8 3 37.5% 2 National Economic and Social Council (NESC) Term of Office expired.
13/12/2016WRB02100Departmental Expenditure13/12/2016WRB0220065. Deputy Niall Collins asked
the Taoiseach the total photography costs for his Department per annum since March 2011 inclusive of
costs incurred from use of the ministerial allowance in tabular form; the occasions for which
photographers were booked; the photographers used; the breakdown of costs associated with each
occasion that a photographer was used; if there is a policy regarding the booking of photographers within
his department; and if he will make a statement on the matter. [39477/16]13/12/2016WRB02300The
Taoiseach:
The total expenditure by my Department on photography from 9 March 2011 to 7 December 2016 is
provided in the following table:
Year Amount spent on photography 2011 (9 March to
December ) €28,069 2012 €13,449 2013 Department €6,778EU Presidency
€38,172 2014 €12,750 2015 €9,820 1 January to 7 December 2016 €22,805.60
The increase in costs for 2016 over 2015 is due to a requirement to have an official record of the
ceremonies to mark the centenary of Easter 1916 and other historic Commemoration events.
Photography costs in my Department have reduced significantly in recent years. The 2016 expenditure to
date represents over 70% of a reduction when compared with expenditure of €83,398 in 2008.
Increasingly my Department utilises its own staff to take photographs inhouse, thereby reducing costs.
The use of local photographers on international trade missions is required to distribute images to the
domestic media to accompany the coverage of domestic journalists who are travelling on behalf of their
organisations. Utilising local agencies is cost efficient and costs are kept to a minimum.
In relation to the EU Presidency costs as is standard for all Presidencies there is a host photographer to
capture the images for the Presidency and to distribute them around the world.
The table below lists the occasions for which photographers were used and costs associated with each
occasion:
Photography Costs from 9 March 2011 to 7 December 2016 Vendor Name Description Cost The Press
Association The Press Association, Nottingham €139.30 Hackett’s Reprographics Visa photos for 1 of the
Taoiseach’s delegation for USA Mar 2011, 10 Mar 2011 €20.25 Maxwell Photography 1916
Commemoration 24/04/2011 €502.45 Maxwell Photography SDLP 14/04/2011 €371.17 Maxwell
Photography Launch of Census 10/3/2011 €357.25 Maxwell Photography Newly appointed Ministers
15/03/2011 €478.25 Maxwell Photography Jesse Jackson 21/03/2011 €409.58 Maxwell
Photography Book of Condolence Japan 22/03/2011 €401.42 Maxwell Photography US Ambassador
Dan Rooney 28/03/2011 €401.42 Maxwell Photography Jpegs 1916 Commemoration
04/04/2011 €60.50 Maxwell Photography Mass New Dail 09/03/2011 €508.50 Maxwell
Photography Taoiseach Office Photo Call 09/03/2011 €538.75 Maxwell Photography Reception New
Ministers 09/03/2011 €391.13 Maxwell Photography New Cabinet Meeting 10/03/2011 €492.17 Maxwell
Photography New Ministers Appointments 09/03/2011 €780.75 Maxwell Photography The Late Dr.
Garret Fitzgerald’s Funeral 2122 May 2011 €2,359.50My Photobook.ie 27 May 2011 My
PhotoBook.ie €140.80 Maxwell Photography President Obama Visit 23 May 2011 €4,537.50 Maxwell
Photography Taoiseach Enda Kenny & Church Leaders on 19 May 2011 at Government
Buildings €409.58 Maxwell Photography British PM Visit to Gov. Buildings on 18 May
2011. €629.50 Maxwell Photography US Congressman on 16 May 2011. assignment covering attendance,
taking colour, processing, digital contact sheet. €280.42 Maxwell Photography Hungarian Prime Minister
010611 €409.58 Maxwell Photography Excellence Awards 09/06/2011 €857.59 Maxwell
Photography North South Ministerial Council 10611 €812.21 Maxwell Photography President of
European Council 17/6/11€562.04 Maxwell Photography President Obama Visit 23 May
2011 €260.15 Maxwell Photography Obama and Cabinet Ministers 23 May 2011 €740.52 Maxwell
Photography Maxwells Invoice New Ambassadors 30611 €332.75 Maxwell Photography Chinese
Delegation €357.25 Maxwell Photography Saudi Minister 14 June 2011 €280.42 Maxwell
PhotographyRichard Haass meets Taoiseach Enda Kenny on 01/04/2011 €371.17 LK Photo Costs relating
to St. Patricks Day Visit to Washington 2011 €2,106.14 Maxwell Photography New Sec Gen and Ian
Paisley on 26/07/2011. €318.84 Maxwell Photography Meeting EU Parliament President 12 July
2011. €696.05 Maxwell Photography Strategy for International Services Industry 147
2011 €349.08 Hackett’s Reprographics Product code FPP75DIG1015, (QTY 1015) 7x5 Digital
Prints. €30.76 J. Higgins Photos Photos Taoiseach 4/5 May 2011 visit to New York€303.30 Maxwell
Photography Arvato meeting with Taoiseach 21 Sept 2011. €560.84 BANK OF IRELAND 19 November
2011 www.gettyimages.com €212.96 Maxwell PhotographyPhotocall TAOISEACH & New SDLP
Leader 09/11/2011. €340.92 Maxwell Photography Photographer for the Presidential Inauguration on
11/11/2011. €3,956.70 2012 Maxwell Photography Taoiseach signs Book of condolence 20 Dec
2011. €371.17 Maxwell Photography Taoiseach Christmas Media Meeting 22 Dec 2011. €296.75 The
Press Association 12 January 2012 Photos of Prime Minister David Cameron with Taoiseach Enda
Kenny 10 Downing Street. €122.01 Maxwell Photography British Irish council 13/01/12 €531.05 Maxwell
Photography Photos/Taoiseach meeting with Deputy PM Nick Clegg €377.30 Maxwell Photography Blue
Star Programmes on 07/02/2012. €539.36 Maxwell Photography EU Presidency Job winning logo on
02/02/2012. €687.26 Maxwell Photography Taoiseach & Tánaiste attend ‘Progress to date’ launch
07/03/2012. €195.57 Frank Fennell Photography Ltd Launch of the Stability Treaty Website, 19 April
2012. €409.63 Frank Fennell Photography Ltd Olympic Torch Photocall at Govt Buildings on
06/06/2012. €268.45 QiLai Photographer for Taoiseach’s visit to China 25/28 March
2012 €2,817.49 Maxwell Photography Carers Strategy Launch in the Italian Room on 19th July
2012. €439.11 LK Photos Taoiseach’s visit to US 1921 March 2012. €1,774.78 Lafayette Photography
Ltd NSMC in Farmleigh on 15/06/2012 €174.24 Lafayette Photography Ltd National Day of
Commemoration 08/07/2012 €555.75 Lafayette Photography Ltd Olympic Reception at Farmleigh
15/08/2012 CD of photographs €330.16 Lafayette Photography Ltd Official Photography services for
visit of Secretary of State Northern Ireland on 01 Oct 2012. €87.66 Michael Hudson Photos Taoiseach’s
Visit to Chicago, 17 March 2012 €302.35 Lafayette Photography Ltd 18hrs of photography over 4 days
for the JPEGs for Whos Who on the Irish Presidency Website €3,168.51 2013 Frank Fennell Photography
Ltd EU Conference of Presidents, Dublin Castle on 31 December 2012 €116.85 Frank Fennell
Photography Ltd Presidency meeting of European Parliament Leaders, Dublin Castle 29th Nov
2012 €430.51 Maxwell Photography Photography Prints for Convention Inaugural Meeting on 1st Dec
2012. €1,763.46 Mac Innes Photography Ltd Family photo shot, post production touch up + prints
(36copies) for the EU Directors General Informal meeting (1314/1/2013)€512.62 Maxwell Photography 2
JPEG images of the Taoiseach/Cyprus President Nov 2005 28 Jan 2013. €34.44 Lafayette Photography
Ltd Eucharistic Congress Reception Dublin Castle 1st July 2012 €171.01 Lafayette Photography
Ltd Visit of Secretary of State Northern Ireland on 01 Oct 2012, 18 images sent to media €19.43 Mac
Innes Photography Ltd Photocall for 40 years in the EU, Art Exhibition, 25 February 2013. €318.54 Mac
Innes Photography Ltd Informal Justice and Home Affairs meeting, Dublin Castle,
18/01/13 €1,471.99 Mac Innes Photography Ltd EU Council President Herman Van Rompuy visit, Dublin
Castle, 9/1/2013 €1,645.47 Mac Innes Photography Ltd Informal Justice and Home Affairs meeting,
session 2, Dublin Castle, 17/1/2013 €1,449.89 Mac Innes Photography Ltd Informal EU Affairs meeting,
Dublin Castle 21/01/13. €1,564.62 Mac Innes Photography Ltd Informal meeting of Employment 8th Feb.
2013 Dublin Castle. €817.91 Mac Innes Photography Ltd Informal meeting of Employment 7th Feb. 2013
Dublin Castle. €1,573.31 Levon Biss Photography LtdPrints of Taoiseach’s Time Magazine cover
26/11/2012 €111.95 Mac Innes Photography Ltd 31st Dec 2012 for EU Flag Raising Ceremony attended
by Taoiseach at Dublin Castle. €669.09Mac Innes Photography Ltd Visit of Presidents Barroso & Schulz
at Government Buildings on 28/2/2013. Post Production Fee €257.43 Mac Innes Photography
Ltd Informal meeting of Defence Ministers 13/2/2013, Dublin Castle. €817.91 Mac Innes Photography
Ltd Informal meeting of Development & Cooperation Ministers 12/2/2013, Dublin Castle. €1,559.45 M
M McNally Photographer Taoiseach’s visit to Downing Street on 11 March 2013. €335.03 E Hill
Photography Taoiseach’s visit to Enniskillen, 11 November 2012. €700.60 Peter Cavanagh
Photography Whos Who for Presidency. 27/28 Sept. 2012 & 16 Oct 2012. €1,600.00 Magnum
Computers Photos of Taoiseach’s visit to Cleveland, Ohio. October 2012. €192.41 Mac Innes Photography
Ltd Gymnich meeting 23rd March 2013. €484.58 Mac Innes Photography Ltd Prints, Presentation
Folders, Envelopes relating to Host Photography for Informal Meeting of Energy Ministers at Dublin
Castle 24 April, 2013 €1,181.62 Mac Innes Photography Ltd Prints, Presentation Folders, Envelopes
relating to Host Photography for Informal Meeting of Environment Ministers at Dublin Castle 23 April,
2013 €1,307.04 Mac Innes Photography Ltd Informal Meeting of Environment Ministers at Dublin Castle
on 22nd April 2013 €821.57Mac Innes Photography Ltd Prints, Presentation Folders, Envelopes relating
to Host Photography for Informal Meeting of Ministers for Trade at Dublin Castle 18 April,
2013 €1,535.67Mac Innes Photography Ltd HungerNutrition Conference at Dublin Castle 15
April,2013 €968.41 Mac Innes Photography Ltd ECOFIN Ministerial Informal meeting on
13/4/2013€1,870.49 Mac Innes Photography Ltd Prints, Presentation Folders, Envelopes relating to Host
Photography for Informal Meeting of ECOFIN Ministerial Informal 12 April 2013.€4,126.55 Mac Innes
Photography Ltd HungerNutrition & Climate Change at Dublin Castle on 16th April 2013. €817.91 Mac
Innes Photography Ltd Commission College meeting Dublin Castle on 10 Jan 2013 Prints & Digital
Imaging €2,042.61 Mac Innes Photography Ltd Health Informal Ministerial Meeting 4th March, Dublin
Castle attendance €276.75 Mac Innes Photography Ltd EU Presidency Team Group Shot on 01 May
2013. €302.58 Mac Innes Photography Ltd Health Informal Ministerial Meeting 5th March 2013 Dublin
Castle. €1,134.33Mac Innes Photography Ltd Gymich meeting 22nd March 2013, Photography & high
resolution imaging €1,570.00 Mac Innes Photography Ltd Ministerial Informal, Agriculture Ministers on
27th & 28th May 2013 €2,453.74 Mac Innes Photography Ltd Ministerial Informal Competitiveness
[Dept. DJEI ] 2nd May 2013 €817.91 Mac Innes Photography Ltd Informal meeting of Competitiveness
Council day on 03 May 2013. €1,134.34 Mac Innes Photography Ltd Family photos of Presidency team at
Government Buildings on 01 May 2013. €31.38Mac Innes Photography Ltd Presidency Liaison Officers
Photos at Dublin Castle on 27 May 2013. €162.01 Marty Katz Photography & James Higgins
Photography St Patrick’s Day Visit, New York 1617 March 2013 €2,235.66 Maxwell
Photography North South Ministerial Meeting on 05/07/2013 at Dublin Castle Sundays F.T.P. images to
Media outlets €706.02 Maxwell Photography EU Presidency staff event on 05/07/2013 at Dublin Castle
Upload of images to online gallery €292.74 Maxwell Photography Round table discussion with the
Taoiseach and on Online Retailers on 06 Sept 2013. €292.74 Maxwell Photography Taoiseach’s meeting
with Bill Clinton at Government Buildings 09/10/2013 €249.69 2014 Maxwell PhotographyExtra copies
of prints of the Queen & President Obama’s visit, May 2011 ordered for Taoiseach €77.18 Maxwell
Photography Photography assignment, Taoiseach’s Address of the Nation, 15th December
2014 €956.94 Maxwell Photography Photography Services for the Convention on the Constitution final
plenary meeting 22nd & 23rd February 2014 €511.68 DNP ServiceTaoiseach’s visit to Japan, 34
December 2013. €244.23 Maxwell Photography Photography assignment for the visit of the Spanish on
the 6th March 2014 €519.06 Maxwell PhotographyPhotography assignment for the visit of the German
Prime Minister on the 7th March 2014 €396.06 Maria Photography Taoiseach’s visit to Abu Dhabi &
Dubai, January 2014. €2,695.80Dan Hallissey Photography Taoiseach’s visit to Boston, 16 March
2014. €506.77 Marty Katz Photography Photography for Taoiseach Enda Kenny & delegation’s trip to
Washington DC on 13 & 14 March 2014 €1,740.64 Maxwell Photography Official Photography at State
Funeral of the late Albert Reynolds 23rd Aug 2014 at Mansion House and Donnybrook
Church€2,841.30 James Higgins Photography Photographs of the Taoiseach’s visit to New York on 17
March 2014. €252.71 Dowlings Pharmacy Passport photos for Pat Shelly 04 Sep 2014 €6.00Boots
Chemist Photo’s for Taoiseach 13 July 2014 €2.10 Getty Images International EU, All About Jobs
campaign, purchase of iStock photo subscription for 3 months, 7th Oct 2014€207.87 Maxwell
Photography Photography for North South Ministerial Council on 3rd Oct 2014, Dublin
Castle. €547.35 CreativeShot Photography United Irish Cultural Center San Francisco 4 June
2014. €753.07 Mac Innes Photography Ltd EU Photography of Minister Ged Nash at 2 events in Carlow
26th November 2014 €491.14 2015 Mac Innes Photography LtdEU 10 Low Resolution images from
Minister Ged Nash events in Carlow 26 November 2014 €124.85 Getty Images International EU ‘All
About Jobs campaign’ purchase of monthly iStock photo subscription for January
2015 €207.87 Department of Foreign Affairs Photographs of the Taoiseach Enda Kenny attending Youth
Reception Irish Consulate New York September 2014 €198.68 Mr John Kingman Photography for
Taoiseach’s visit to New York, 2224 September 2014. €317.89 Getty Images International All About
Jobs purchase of one year iStock subscription for stock photos for All About Jobs section of Merrion St,
25 Feb 2015 €1,966.77 Dowlings Pharmacy Dowlings Pharmacy Passport photos 26 Feb 2015 €6.00Mac
Innes Photography Ltd Photography costs for the visit of Mr. Manuel Valls Prime Minister of France to
Government Buildings 24 April 2015 €160.00 Mac Innes Photography LtdPhotography costs for the visit
of Mr. Manuel Valls Prime Minister of France to Government Buildings 24 April 2015 €181.50 Marty
Katz Photographer St. Patrick’s Day 2015. Taoiseach’s visit to Washington, DC, USA. 1617 March
2015. €2,459.34 Allison Shirref Photographer Taoiseach’s visit to Atlanta, USA, 13 & 14 March
2015. €1,112.10 Lensmen & AssociatesMinister J. Deenihan TD photoshoot with Soyna O’Sullivan on 30
April 2015 at Government Buildings €553.50 Conor McKeown Photographer Photographer for US
Ambassador’s visit to Castlebar April 2015 €120.00 Maxwell Photography Photography costs for Data
Protection Event on 2 July 2015 €447.72 Maxwell Photography Photography Assignment for State
Funeral of Thomas Kent 18 September 2015 €1,475.80 Fotogioberti Studio Taoiseach’s photos with PM
Renzi, 10 July 2015. €488.00 1 January to 7 December 2016 Maxwell Photography Extra copies of Ceann
Comhairle with Queen, taken during her visit to Ireland in 2011 €17.22 Maxwell
Photography Photography assignment for FlagRaising Ceremony, 1 January 2016 €644.52 Getty Images
International All About Jobs purchase of one year iStock subscription for stock photos for All About
Jobs section of Merrion St, from 18th February 2016 to 18th February 2017 €1,966.77 M McNally
Photographer Photographs of the Taoiseach’s visit to London, 9 November 2015. €278.47 AM
Photography Photographs of the Taoiseach’s visit to Paris, France, 9 September 2015 €250.00 Maxwell
Photography Photography assignment for Commemoration Ceremony and Parade and Kilmainham Gaol
WreathLaying Ceremony, Easter Sunday 27 March 2016 €3,099.60 Irish Gallery of Photography
Ltd Photograph presentation for State Reception Dublin Castle 27th March 2016 €4,674.00Lensmen &
Associates Photography assignment for Interfaith Ceremony and Unveiling of Remembrance Wall,
Glasnevin, Sunday 3 April 2016 €430.50 Maxwell Photography Photographs of new Cabinet at first
meeting, 11 May 2016. Including syndication to media outlets €873.76 British Irish Council Official Photo
of the British Irish Council Summit Dublin 2015 €751.10Mac Innes Photography Ltd Photography
assignment for Somme Centenary Commemoration Ceremony and National Day of Commemorations, 9
and 10 July 2016 €3,109.44 Maxwell Photography Photography for Visit of VP Biden, 2126 June
2016 €3,047.94 Marty Katz Photography Photography for Taoiseach Enda Kenny St Patrick’s Day visit to
Washington DC 1415 March 2016 and Ireland 100 at Kennedy Centre, Washington DC on 1718 May
2016 €3,108.78 Lensmen & Associates Photography for inaugural meeting of Citizens’ Assembly on 15th
October 2016 €553.50
13/12/2016WRB02400Consultancy Contracts Data13/12/2016WRB0250066. Deputy Niall Collins asked
the Taoiseach the external consultant reports commissioned by his Department since March 2011 per
annum in tabular form; the costs per report; the company involved; the title of the report; and the
publication date. [39493/16]13/12/2016WRB02600The Taoiseach:
The following table details the external consultant reports commissioned by my Department since March
2011:
Name Costs Date of Commission Date of Publication Consultant Health and Safety Statement
2011 €1,270 2011 2011 QTS Limited Health and Safety Statement 2012 €1,270 2012 2012 QTS
Limited Personal Emergency Evacuation Plan Assessment and Disabled Access
Review €307 2013 2013 QTS Limited Health and Safety Statement 2013 and Risk
Assessment €1,783 2013 2015 QTS Limited Local Diaspora Toolkit €14,300 2015 2015 Clinton Institute,
UCD
13/12/2016WRB02700Public Relations Contracts Data13/12/2016WRB0280067. Deputy Niall
Collins asked the Taoiseach the details of the use of external public relations firms employed by his
Department per annum since March 2011 in tabular form; the list of uses of the external public relations
firm; the internal Department policy with regard to employing external groups. [39509/16]
13/12/2016WRB02900The Taoiseach:
The following table provides details of external public relations firms employed by my Department from
9 March 2011 to 7 December 2016:
Year Name of Consultant Purpose of Consultancy 2012 and 2013 Caroline Erskine, Media and Public
Affairs Consultant To assist in the implementation of the communications plan for Ireland’s Presidency of
the Council of the European Union and Associated Projects 2013 and 2014 Q4 Public Relations Support
for the Convention on the Constitution 2016 Q4 Public Relations Media liaison services for the Citizens’
Assembly
My Department ensures that it gets best value for money in the procurement of all goods and services and
keeps to a minimum the engagement of public relations firms. In the cases set out above, the use of
external public relations firms was limited to work carried out for Ireland’s EU Presidency in 2013 and
the Constitutional Convention. In September of this year a contract was awarded to a public relations
firm, following a competitive tendering process, to provide support for the newly established Citizens’
Assembly.
13/12/2016WRB03000Ministerial Staff13/12/2016WRB0310068. Deputy David Cullinaneasked
the Taoiseach the number of staff employed by him and each Minister of State, including parliamentary
assistants, secretarial assistants, special advisers, press secretaries and other positions in tabular form; and
the pay rate for each assistant and total cost. [39561/16]13/12/2016WRB03200The Taoiseach:
There are 21 political staff employed by my Department, details as follows:
Position Annual Salary Chief of Staff €156,380 Special Adviser to the Taoiseach for Policy and
Programme Implementation €87,258 Special Adviser to the Taoiseach for Policy and Programme
Implementation €87,258 Special Adviser to the Government Chief Whip €87,258 Special Adviser to the
Government Chief Whip €79,401 Personal Assistant to the Taoiseach €77,275 Personal Assistant to the
Taoiseach €68,293 Personal Assistant to the Taoiseach €68,293 Personal Assistant to the
Taoiseach €55,415 Personal Assistant to the Taoiseach €65,000 Personal Assistant to the
Taoiseach €72,546 Personal Secretary to the Taoiseach €46,315 Personal Secretary to the
Taoiseach €37,588 Government Press Secretary€118,931 Assistant Government Press
Secretary €65,000 Deputy Government Press Secretary €91,624 Chief Strategist to the Independent
Alliance €91,624 Political Coordinator to the Ministers in Government €91,624 Civilian Driver for the
Government Chief Whip €32,965 Civilian Driver for the Government Chief Whip €34,700 Civilian Driver
for the Leader of the Seanad €34,700 Total: €1,549,448
The political staff working with Minister of State Paul Kehoe, Minister of State Dara Murphy and
Minister of State Joe McHugh are not on the payroll of my Department.
13/12/2016WRB03300Ministerial Staff13/12/2016WRB0340069. Deputy David Cullinane asked
the Taoiseach if any staff employed in the public and civil service are seconded to work with him or any
Minister of State in their constituencies; and the number of same and cost to his Department [39576/16]
There are six staff assigned to work in my Constituency Office. Three are based in Government
Buildings, two of whom are established civil servants, and one who is on contract. One of the established
civil servants is on secondment from the Department of Social Protection. The three remaining staff are
based in Castlebar and are on contract.
There are three staff assigned to work in the Chief Whip’s Constituency Office, two of whom are
established civil servants based in Government Buildings, and one who is on contract (paid by the
Oireachtas) and based in Ratoath, Co. Meath. One of the two civil servants working in the Chief Whip’s
Constituency Office is on secondment from the Legal Aid Board.
Minister of State Murphy has three staff in his Constituency Office in Cork. One established civil servant
(paid by my Department and seconded from the Central Statistics Office) and two contract staff (both
paid by the Oireachtas).
Minister of State Kehoe has four staff in his Constituency Office. Two established civil servants are
seconded by my Department to the Department of Defence and are assigned to the office. They are based
in Government Buildings and are paid by the Department of Defence. Minister of State Kehoe also has
two contract staff (both paid by the Oireachtas) who are based in Enniscorthy, Co. Wexford.
Minister of State McHugh has three contract staff in his Constituency Office (equating to two whole time
equivalent positions). They are based in Donegal and are paid by the Oireachtas.
The annual cost to my Department of staff working in Constituency Offices (9 staff members in total) is
€433,129.
13/12/2016WRB03600Taoiseach’s Communications13/12/2016WRB0370070. Deputy John Brady asked
the Taoiseach if he has used any private unsecured email accounts for official business. [39591/16]
I have a private email account that I use for personal correspondence. I generally use my corporate email
account for official purposes but I have on occasion used my private email account for official purposes
for operational reasons.
13/12/2016WRB03900Departmental Staff Remuneration13/12/2016WRB0400071. Deputy David
Cullinane asked the Taoiseach the aggregate amount of employer’s PRSI paid in respect of Civil Service
workers in gross income ranges (details supplied) in his Department for each of the years, 2007 to 2015,
in tabular form. [39700/16]13/12/2016WRB0410072. Deputy David Cullinane asked the Taoiseach the
aggregate amount of employee’s PRSI paid in respect of Civil Service workers in gross income ranges
(details supplied) in his Department for each of the years, 2007 to 2015, in tabular form. [39701/16]
13/12/2016WRB0420073. Deputy David Cullinane asked the Taoiseach the aggregate net pay of Civil
Service workers in gross income ranges (details supplied) in his Department for each of the years, 2007 to
2015, in tabular form. [39702/16]13/12/2016WRB04300The Taoiseach:
The following table sets out the aggregate net pay (gross pay less deductions); employer PRSI and
employee PRSI for employees in my Department for the years 2007 to 2015 in the income ranges
requested.
Department of the Taoiseach
Payroll Year Band Range Aggregate Net Pay Aggregate Employers PRSI Aggregate Employees
PRSI 2007 01: €0 to €30,000 €1,343,649.20 €146,234.14 €57,848.05 02: €30,000 to
€40,000 €1,013,548.55 €107,682.16 €57,995.95 03: €40,000 to
€50,000€1,621,929.03 €138,541.30 €89,230.11 04: €50,000 to
€60,000 €1,046,591.15 €73,351.02 €51,440.41 05: €60,000 to
€70,000 €679,793.87 €45,726.34 €33,086.16 06: €70,000 to
€80,000 €574,269.06 €42,334.36 €28,050.65 07: €80,000 to
€90,000 €655,250.55 €22,859.55 €25,258.82 08: €90,000 to
€100,000 €299,479.97 €9,272.57 €11,399.17 09: €100,000 to
€125,000 €1,006,561.34 €59,792.87 €43,263.01 10: €125,000 to
€150,000 €167,776.72 €17,147.93 €7,940.89 11: Over €150,000 €644,639.36 €51,107.71 €25,094.612007
Total €9,053,488.80 €714,049.95 €430,607.83 2008 01: €0 to
€30,000 €1,424,178.68 €154,632.39 €62,228.31 02: €30,000 to
€40,000 €1,071,262.76 €107,230.67 €58,313.9303: €40,000 to
€50,000 €1,234,001.63 €119,606.45 €72,303.22 04: €50,000 to
€60,000 €1,480,040.34 €109,542.90 €76,221.49 05: €60,000 to
€70,000 €918,556.42 €53,228.13€42,289.83 06: €70,000 to
€80,000 €465,076.55 €32,335.55 €23,045.70 07: €80,000 to
€90,000 €437,060.45 €20,035.63 €17,951.39 08: €90,000 to
€100,000 €424,269.45€19,170.57 €17,341.48 09: €100,000 to
€125,000 €1,084,544.51 €61,369.73 €46,384.78 10: €125,000 to
€150,000 €354,114.18 €35,075.62 €16,560.53 11: Over
€150,000€796,069.00 €48,704.14 €26,622.68 2008
Total €9,689,173.97 €760,931.78 €459,263.34 2009 01: €0 to
€30,000 €856,632.18 €88,863.08 €33,362.90 02: €30,000 to
€40,000€1,017,262.98 €103,168.61 €71,424.71 03: €40,000 to
€50,000 €1,156,858.46 €119,033.97 €90,794.62 04: €50,000 to
€60,000 €1,301,605.35 €103,211.97 €99,015.97 05: €60,000 to
€70,000 €613,519.95 €37,086.77 €42,671.13 06: €70,000 to
€80,000 €544,753.87 €45,061.37 €44,459.64 07: €80,000 to
€90,000 €374,511.35 €24,338.36 €28,163.14 08: €90,000 to
€100,000 €341,843.24 €33,028.09 €27,498.34 09: €100,000 to
€125,000 €901,078.99 €57,321.06 €67,755.77 10: €125,000 to
€150,000 €441,858.59 €37,435.23€34,751.29 11: Over
€150,000 €591,262.15 €32,590.04 €46,042.30 2009
Total €8,141,187.11 €681,138.55 €585,939.81 2010 01: €0 to
€30,000 €1,017,971.42 €109,366.83€50,020.50 02: €30,000 to
€40,000 €1,103,028.81 €119,024.38 €88,712.87 03: €40,000 to
€50,000 €995,663.92 €77,136.69 €82,375.02 04: €50,000 to
€60,000 €964,761.65€79,948.83 €85,887.35 05: €60,000 to
€70,000 €462,534.70 €23,968.55 €36,985.22 06: €70,000 to
€80,000 €472,255.12 €43,359.90 €46,243.55 07: €80,000 to
€90,000€234,159.98 €13,951.11 €20,116.01 08: €90,000 to
€100,000 €331,074.95 €17,703.63 €26,994.61 09: €100,000 to
€125,000 €453,470.31 €39,566.22 €43,135.85 10: €125,000 to
€150,000 €559,414.66 €37,838.84 €51,305.52 11: Over
€150,000 €325,679.44 €29,033.74 €30,774.93 2010
Total €6,920,014.96 €590,898.72 €562,551.43 2011 01: €0 to
€30,000€1,040,431.06 €106,407.85 €38,737.71 02: €30,000 to
€40,000 €1,049,077.77 €117,197.31 €41,091.77 03: €40,000 to
€50,000 €1,030,784.71 €102,671.66 €40,922.43 04: €50,000 to
€60,000 €836,285.75 €79,861.28 €31,910.24 05: €60,000 to
€70,000 €386,224.73 €17,918.86 €8,293.27 06: €70,000 to
€80,000 €498,812.78 €35,308.46 €16,396.41 07: €80,000 to
€90,000 €354,841.12 €12,966.45 €10,127.54 08: €90,000 to
€100,000 €388,736.05 €14,970.05 €10,965.72 09: €100,000 to
€125,000 €426,359.24 €32,121.27€16,952.35 10: €125,000 to
€150,000 €284,459.49 €18,006.44 €14,909.37 11: Over
€150,000 €231,612.70 €10,028.45 €6,993.17 2011
Total €6,527,625.40 €547,458.08€237,299.98 2012 01: €0 to
€30,000 €880,074.93 €96,151.28 €29,892.28 02: €30,000 to
€40,000 €966,376.15 €104,197.73 €36,354.54 03: €40,000 to
€50,000 €946,491.00€102,251.90 €36,642.94 04: €50,000 to
€60,000 €805,636.57 €92,236.24 €35,794.49 05: €60,000 to
€70,000 €468,459.49 €47,089.76 €18,105.61 06: €70,000 to
€80,000€534,654.71 €36,964.69 €16,196.88 07: €80,000 to
€90,000 €607,645.52 €61,866.58 €27,469.43 08: €90,000 to
€100,000 €314,806.93 €18,648.30 €11,706.37 09: €100,000 to
€125,000 €318,461.64 €19,208.33 €15,878.34 10: €125,000 to
€150,000 €194,017.05 €7,607.22 €9,628.58 11: Over €150,000 €334,212.62 €39,467.21 €23,261.30 2012
Total€6,370,836.61 €625,689.24 €260,930.76 2013 01: €0 to
€30,000 €897,465.16 €108,076.57 €43,476.59 02: €30,000 to
€40,000 €823,531.64 €94,266.94 €37,390.36 03: €40,000 to
€50,000 €1,133,794.92 €122,876.84 €49,984.84 04: €50,000 to
€60,000 €719,589.05 €81,829.61 €35,553.77 05: €60,000 to
€70,000 €655,881.45 €64,544.44 €27,272.40 06: €70,000 to
€80,000 €580,487.94 €51,340.66 €22,659.53 07: €80,000 to
€90,000 €481,234.91 €57,375.06 €25,173.43 08: €90,000 to
€100,000 €357,380.95 €19,404.38 €12,668.9809: €100,000 to
€125,000 €305,678.43 €19,106.40 €15,832.59 10: €125,000 to
€150,000 €250,711.73 €9,831.00 €12,191.74 11: Over €150,000 €325,844.16 €38,372.52€22,933.70 2013
Total €6,531,600.34 €667,024.42 €305,137.93 2014 01: €0 to
€30,000 €731,549.60 €90,226.60 €34,461.29 02: €30,000 to
€40,000 €893,502.74 €103,587.46€41,390.33 03: €40,000 to
€50,000 €1,030,719.35 €109,979.74 €45,650.71 04: €50,000 to
€60,000 €823,496.80 €97,374.88 €42,371.79 05: €60,000 to
€70,000 €702,534.21€71,922.43 €30,423.03 06: €70,000 to
€80,000 €653,464.45 €51,762.47 €22,996.94 07: €80,000 to
€90,000 €256,338.78 €43,386.88 €17,936.60 08: €90,000 to
€100,000€454,415.53 €18,503.41 €16,892.02 09: €100,000 to
€125,000 €218,119.54 €17,992.69 €12,923.25 10: €125,000 to
€150,000 €200,469.68 €5,615.04 €6,220.92 11: Over €150,000€243,822.35 €33,730.35 €17,437.66 2014
Total €6,208,433.03 €644,081.95 €288,704.54 2015 01: €0 to
€30,000 €942,226.33 €124,896.44 €46,776.35 02: €30,000 to
€40,000€756,218.48 €90,030.50 €36,782.76 03: €40,000 to
€50,000 €910,360.55 €98,068.21 €39,907.99 04: €50,000 to
€60,000 €1,047,940.04 €112,256.63 €48,012.17 05: €60,000 to
€70,000 €671,023.83 €80,831.90 €33,135.59 06: €70,000 to
€80,000 €493,821.97 €46,415.66 €19,747.06 07: €80,000 to
€90,000 €754,818.45 €82,150.63 €35,626.38 08: €90,000 to
€100,000 €468,598.28 €31,067.08 €18,601.40 09: €100,000 to
€125,000 €257,159.30 €17,353.91 €13,756.25 10: €125,000 to
€150,000 €253,605.51 €9,909.80 €11,956.95 11: Over
€150,000 €454,820.11 €39,597.45 €23,102.28 2015
Total €7,010,592.85 €732,578.21 €327,405.18 Total €66,452,953.07 €5,963,850.90 €3,457,840.80
13/12/2016WRB04400Departmental Legal Cases13/12/2016WRB0450074. Deputy Peadar Tóibín asked
the Taoiseach if his Department has been involved in any court proceedings that involved nondisclosure
agreements in the past five years; and if so, if the specific court ruling prevented knowledge of the court
proceeding being known and knowledge of the participants to the court proceeding from being made
known for each of these agreements. [39874/16]13/12/2016WRB04600The Taoiseach:
My Department has not been involved in any court proceedings that involved non disclosure agreements
in the past five years.
13/12/2016WRB04700Syrian Conflict13/12/2016WRB0480075. Deputy Micheál Martin asked
the Taoiseach if he mentioned Aleppo when he spoke to Presidentelect Trump. [39879/16]
I reported comprehensively to the House on my 10minute conversation with Mr. Trump in my answers
to Parliamentary Questions on Tuesday 22 November 2016. The Dáil transcripts of my response to those
questions and my responses to the supplementary questions that followed, may be of interest to the
Deputy. Aleppo was not discussed.
13/12/2016WRB05000Legislative Programme13/12/2016WRB0510076. Deputy Michael
Moynihanasked the Taoiseach the name and number of Bills in preparation in his Department and
published by his Department since May 2016; the stage each Bill is at in the Houses of the Oireachtas;
and the number of Bills from his Department signed into law [40142/16]13/12/2016WRB05200The
Taoiseach:
No Bills from my Department have been published or enacted since May 2016.
The only Bill for my Department at present is the National Economic and Social Council (NESC) Bill.
When drafted, the Bill will provide for the dissolution of the NESDO (National Economic and Social
Development Office) and the placing of the NESC on a statutory footing.
13/12/2016WRB05300Departmental Staff Redeployment13/12/2016WRB0540077. Deputy Marc
MacSharry asked the Taoiseach if he will provide all examples of entire units that have been re
centralised back to Dublin from within his Department; his Department’s rationale for such moves; and if
Cabinet approval was sought and given in each case. [40481/16]13/12/2016WRB05500The Taoiseach:
My Department is based in Dublin and has always been based in Dublin. No Sections of my Department
were moved outside of Dublin under the decentralisation programme (20032011).
13/12/2016WRB05600Mortgage Arrears Proposals13/12/2016WRB0570078. Deputy Brendan
Griffin asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied)
regarding repossessions; and if she will make a statement on the matter. [39454/16]
13/12/2016WRB05800Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald):
The position is that the Programme for Government contains a series of commitments in relation to
housing, including a commitment to keeping families in their homes and avoiding repossessions as far as
possible; establishment of a new national service to standardise supports available to borrowers in
mortgage arrears; establishment of a dedicated new court to handle mortgage arrears and other personal
insolvency cases; a review of the thresholds and processes for Personal Insolvency Arrangements; and a
review the Central Bank’s Code of Conduct on Mortgage Arrears. I will be working closely with my
Government colleagues in the coming months towards achievement of these aims.
A number of measures have already been put in place with the aim of providing assistance to those
finding themselves in mortgage arrears. These include:
development of the Money Advice and Budgeting Service (MABS) as the Government’s ‘onestop
shop’ point of information and guidance for homeowners in mortgage arrears, working closely with the
Insolvency Service;
establishment and staffing of Dedicated Mortgage Arrears centres in key locations with nationwide
coverage, which offer specialised expertise on mortgage debt;
the presence of MABS and the Insolvency Service at courthouses to provide information and
‘signposting’ support for householders issued with repossession proceedings involving their homes
(operating nationwide since 1 October last, following a successful pilot scheme in July 2015). This
initiative is facilitated by the Courts Service, and is currently provided for all Circuit Court repossession
hearings.
I should also mention the new, innovative mortgage arrears resolution service Abhaile which the
Minister for Social Protection and I officially launched recently. The new nationwide service marks a
departure in State assistance by providing free, independent expert advice and support on financial and
legal issues. The objective of the Scheme is to ensure that a person who is at risk of losing their home due
to their mortgage arrears can access independent expert financial and legal advice, which will help them
to identify their best options for returning to solvency with priority to their remaining in the home,
where that is a sustainable option. It aims, in particular, to reach those in arrears greater than 2 years. The
scheme started in late July and is already proving very effective.
Under the scheme, eligible clients are given vouchers to obtain expert advice from financial and legal
advisers in order to resolve their debt issues. In addition, they can get assistance in court where needed,
have access to solicitors, and get help obtaining legal aid. Since the establishment of the scheme in July,
over 2,100 home owners have received assistance. A major Government information campaign will be
launched in the coming weeks to raise awareness of the scheme. I believe that the introduction of the
scheme will help people get out of debt and, wherever possible, to stay in their own homes and would
strongly encourage anyone worried about mortgage arrears on their home to contact MABS, the
Government gateway for accessing free expert help and advice.
This new service builds on the protections set out in the Land and Conveyancing Law Reform Act 2013
which assists homeowners in mortgage arrears by granting the Circuit Court specific powers to adjourn
repossession proceedings in order to allow such a borrower to consult with a personal insolvency
practitioner (PIP) with a view to making a Personal Insolvency Arrangement (PIA) under the Insolvency
Acts and to instruct the PIP to make such a proposal. In addition, the Personal Insolvency (Amendment)
Act 2015 has been enacted in order to further assist homeowners in mortgage arrears. The Act has
introduced a new “court review” process applicable in cases where creditors such as a lending institution
refuse a proposal for a PIA drawn up to resolve the homeowner’s debts, including the mortgage on their
home.
Regarding the Courts Bill 2016, currently before the Oireachtas, the position is that the Bill does not have
any implications for applications for repossession of principal private residences by the banks and
financial institutions. The Land and Conveyancing Law Reform Act 2013 already gives the Circuit Court
jurisdiction to deal with repossession proceedings involving principal private residences, irrespective of
when the mortgage was created or the value of the property. The Courts Bill 2016 does not seek to change
that position in any way.
13/12/2016WRC0010013/12/2016WRC00150Garda Data13/12/2016WRC0020079. Deputy Robert
Troy asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 130
of 1 December 2016, if she will address a matter (details supplied) regarding the reply. [39386/16]
13/12/2016WRC00300Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald):
I welcome the decision by Garda Representative Association and Association of Garda Sergeants and
Inspectors members to accept the recommendation of the Labour Court which sought to address the
concerns that have been articulated in relation to their pay and conditions, the pay and conditions of new
recruits, and their access to the statutory dispute resolution bodies.
The Government fully respects the decision of the Labour Court as the independent industrial relations
body of last resort in the State and has agreed to accept its recommendation.
In making its recommendation the Court acknowledged the uncertainty that Garda members face in
availing of approved annual leave due to the requirement to attend Court even at short notice when on
annual leave, resulting in the cancellation of their leave and any plans they may have made. To
compensate for the uncertainty attaching to the taking of annual leave by members of An Garda Síochána
the Recommendation provides for a payment of a €15 premium payment per annual leave day to the
ranks of Garda, Sergeant and Inspector on commencement of the next leave year. The implementation of
this is to be agreed among all parties. The recommendation also provides for:
the restoration of the rent allowance of €4,155 per annum to new recruits as of the date of acceptance,
the 5 December;
an increase in the value of the rent allowance by €500 bringing it to €4,655 per annum with effect from
1 January 2017;
the integration of the rent allowance in the new amount of €4,655 into salary with consequential
increases in unsocial hours and overtime payments also with effect from 1 January 2017;
the implementation of a longstanding recommendation of the Garda Inspectorate by way of the
introduction of paid 15 minute pretour briefing or tasking sessions with effect from 1 January 2017.
In relation to the information previously requested by the Deputy, it is the Garda Commissioner who is
responsible for carrying on and managing and controlling generally the administration and business of An
Garda Síochána. As advised in my reply to Parliamentary Question No 130 of 1 December 2016, the
Commissioner has informed me that the information requested by the Deputy is not readily available and
would require a disproportionate amount of Garda time and resources to compile.
13/12/2016WRC00350Naturalisation Applications13/12/2016WRC0040080. Deputy Dara Calleary asked
the Tánaiste and Minister for Justice and Equality the reason an application for naturalisation has been
returned to a person (details supplied). [39399/16]13/12/2016WRC00500Tánaiste and Minister for
Justice and Equality (Deputy Frances Fitzgerald):
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Section
17 of the Irish Nationality and Citizenship Act 1956, as amended, provides that an application for a
certificate of naturalisation shall be in the prescribed form and accompanied by the prescribed fee. An
application for naturalisation from the person concerned was deemed ineligible as the Statutory
Declaration, which forms part of the prescribed application form, was not properly completed.
I am informed by officials of the Irish Naturalisation and Immigration Service (INIS) that, as this was
apparently due to an omission by the applicant’s legal representative, should the individual wish to submit
a new fully completed application, the supporting documentation supplied with her previous application
will be associated with the new application.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain
rights and entitlements not only within the State but also at European Union level and it is important that
appropriate procedures are in place to preserve the integrity of the process.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be
made directly to INIS by email 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 email service except in cases where the response from INIS is, in the Deputy’s view, inadequate or
too long awaited.
13/12/2016WRC00550UN Convention on the Rights of Persons with Disabilities
13/12/2016WRC0060081. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and
Equality the reason for the delay in the ratification of the UN Convention on the Rights of Persons with
Disabilities; the actions required before ratification will take place; the steps she is taking to address the
delay; and the timeframe she is working to. [39430/16]13/12/2016WRC00700Tánaiste and Minister for
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland’s
ratification of the Convention. The Assisted DecisionMaking (Capacity) Act 2015 was signed into law
on 30 December 2015 and is a comprehensive reform of the law on decisionmaking capacity. The
Criminal Law (Sexual Offences) Bill 2015 passed Committee Stage in the Dáil on 7 December 2016.
When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to
facilitate the full participation in family life of persons with intellectual disabilities and the full expression
of their human rights. Achieving the necessary balance between those rights and ensuring appropriate
protection is crucial.
Work is under way on drawing up the Equality/Disability (Miscellaneous Provisions) Bill to progress
miscellaneous legislative amendments necessary to proceed to ratification. The Bill will address issues
such as the Convention’s requirements in relation to reasonable accommodation and deprivation of
liberty. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the
Department of Justice and Equality website. The Bill is at the final stages of drafting and while I am not
in a position to give an exact date, I expect the Bill to be published very shortly so as to facilitate early
ratification of the Convention.
13/12/2016WRC00750Passport Services13/12/2016WRC0080082. Deputy Róisín Shortall asked
the Tánaiste and Minister for Justice and Equality if she will establish the details of the case of a person
(details supplied); the options open to the person to enable renewal of a passport; and if she will make a
statement on the matter. [39435/16]13/12/2016WRC00900Tánaiste and Minister for Justice and
Equality (Deputy Frances Fitzgerald):
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the
person referred to has been granted temporary permission to remain in the State following consideration
of his or her case pursuant to Section 3 of the Immigration Act 1999, as amended. The person concerned
was refused an Irish travel document by decision dated 22nd November 2016 which issued to the
person’s legal representatives.
Irish travel documents are not issued for the purpose of supplementing the passport procurement
processes of other countries whose citizens have decided to take up residency in Ireland and who are
unable to renew their national passports. Countries that do not have a physical embassy presence in
Ireland normally assist their citizens resident here through a variety of methods such as the provision of
mobile consular clinics, provision of laissezpasser type documentation, etc via their nearest embassy
with accreditation for Ireland.
The person referred to should further engage their own consular authorities to seek effective assistance in
this matter given that they are resident in Ireland without a valid national passport.
made directly to the INIS of my Department by email 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 email service except in cases where the response from the INIS is, in the
Deputy’s view, inadequate or too long awaited.
13/12/2016WRC00950Naturalisation Eligibility13/12/2016WRC0100083. Deputy Ruth Coppinger asked
the Tánaiste and Minister for Justice and Equality her views on changing the residency requirements for
naturalisation to residency on the island of Ireland as opposed to residency just in the State (details
supplied); and if she will make a statement on the matter. [39443/16]13/12/2016WRC01100Tánaiste and
Minister for Justice and Equality (Deputy Frances Fitzgerald):
The Irish Nationality and Citizenship Act 1956, as amended, sets out the law governing citizenship of
Ireland. The Act distinguishes between the entitlement to citizenship by birth and descent and to the
acquisition of citizenship through the naturalisation process.
In relation to citizenship through birth in the island of Ireland where the child is born to nonnationals, the
Act specifies certain residence requirements to be met immediately preceding the birth of the child.
Citizenship through naturalisation on the other hand is based on the individual having the required lawful
residence in the jurisdiction of this State.
The provisions of the Irish Nationality and Citizenship Act 1956 were amended having due regard to the
Good Friday Agreement and I have no plans to further amend the Act at this time.
13/12/2016WRC01150Departmental Expenditure13/12/2016WRC0120084. Deputy Niall Collins asked
the Tánaiste and Minister for Justice and Equality the total photography costs for her Department per
annum since March 2011, inclusive of costs incurred from use of the ministerial allowance in tabular
form; the occasions for which photographers were booked; the photographers used; the breakdown of
costs associated with each occasion that a photographer was used; if there is a policy regarding the
booking of photographers within her Department; and if she will make a statement on the
matter. [39474/16]13/12/2016WRC01300Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
Photography costs were incurred by my Department in the relevant years, as follows:
Year Cost 2011 €1,841.93 2012 €1,446.70 2013 €2,089.39 2014 €966.78 2015 €1,222.62 2016 €2,486.47
I can inform the Deputy that photographic services are only used by my Department to mark and provide
a record of significant occasions. Consideration is given at all times to the costs involved and best value
for money is always a priority when sourcing such services.
The list of occasions when photographers were engaged and the associated costs are as follows:
Occasion YearPhotographer Cost Opening of Monaghan Court House 2011 Adrian
Donohoe €302.50 Appointment of Garda Commissioner 2011 Maxwell
Photography €431.67 Appointment of Deputy Garda Commissioner 2011 Maxwell
Photography €500.34 Launch of Visa Waiver Scheme 2011 Maxwell Photography €607.42 Joint
Statement with UK Immigration Minister, on Visa Data Exchange 2012 Maxwell
Photography €92.25 Joint Statement with UK Immigration Minister, on Visa Data
Exchange 2012 Maxwell Photography €526.35 Launch of conference “Regulatory Reform for Legal
Profession in 21st Century”. 2012 Maxwell Photography €276.75 Deployment of Civilian Immigration
Officers to Dublin Airport 2012 Maxwell Photography€551.35 Meeting with Romanian Minister for
Internal Affairs 2013 MAC INNES Photography €344.51 Justice Home Affairs Committee
event 2013 MAC INNES Photography €50.18EU Presidency 2013 MAC INNES
Photography €200.40 EU Presidency 2013 MAC INNES Photography €387.93 Bilateral meeting of EU &
US delegates 2013 MAC INNES Photography€1,106.37 National Missing Persons Day 2014 Maxwell
Photography €413.28 Appointment of Chief Executive Designate to Charities Regulatory
Authority 2014 Maxwell Photography€123 First Board Meeting of the Charities Regulatory
Authority 2014 Maxwell Photography €275.52 Promote safety on Fireworks Night 2014 Maxwell
Photography €154.98 International Women’s Day 2015 Maxwell Photography €120.54 Website and other
Department Publications 2015 Maxwell Photography €516.60 Website and other Department
Publications 2015Maxwell Photography €585.48 International Women’s Day 2016 Maxwell
Photography €231.98 Launch of Report on Prison Culture 2016 Maxwell
Photography €464.94 Posthumous Pardon to Harry Gleeson 2016 Maxwell Photography €964.32 2106
Annual Justice Conference 2016 Maxwell Photography €136.43 Launch of Call for Proposals for EU
Funded Projects2016 Maxwell Photography €464.94 Launch of Legal Services Regulatory
Authority 2016 Maxwell Photography €223.86
The Deputy may wish to note that questions concerning Ministerial allowances are solely a matter for the
Oireachtas.
13/12/2016WRC01350Consultancy Contracts Data13/12/2016WRC0140085. Deputy Niall Collins asked
the Tánaiste and Minister for Justice and Equality the external consultant reports commissioned by her
Department since March 2011 per annum, in tabular form; the costs per report; the company involved; the
title of the report; and the publication date. [39490/16]13/12/2016WRC01500Tánaiste and Minister for
The information requested by the Deputy is set out in the following table:
Year Title of Report Name of Consultancy Cost of Report Publication Date 2011 2015 Annual Review
of Garda Investigative Interview Training for the Smyth Committee (which is charged with developing
proposals on Garda interviewing of suspects) Professor Gisli Gudjonsson and Dr John Pearse of Forensic
Navigation Services, UK €59,729 (Vat incl) over 5 years The purpose of the research was to inform the
deliberations of the Smyth Committee. 2011 Audit of security arrangements for state visits in 2011 and
associated costs Capita Consulting €6,598 Given the nature of the report not appropriate to
publish. 2011 Security Review Penetration Testing RITS Bianconi Research Ltd €10,083 Not for
Publication 2011 Feasibility study into Circles of Support and Accountability for Ireland, 2011
(Probation) Eustace Patterson Ann Clarke €9,983 December 2011 2011 Drug and Alcohol Misuse among
Adult Offenders on Probation Supervision in Ireland Michelle Martyn €9,958 May
2012 2011 Investigations into Deaths in Custody(6 reports completed by two person investigation
team) Dr Ide Delargy, MB, MICGP, MRCGP. Director of the Substance Misuse Programme, Irish College
of General Practitioners and National GP Coordinator, HSE Addiction ServiceMr. Hugh Kane, Former
CEO of the Mental Health Commission €11234.34€10714.46 Unpublished – Internal
Review 2011 Investigation into Death in Custody Dr. J.J. Kennedy Roberts Bsc MB ChB OBE
FRCGP €1,634.76 Unpublished – Internal Review 2011 Midlands Prison Facilitation Hensey Consulting
and Associates €3,267.00 Unpublished – Internal Review 2011 Follow up audit on HR payroll
procedures. Mazars €5,955 Not for Publication 2011 & 2012 Strategy Development Quality control
process to review and assist in implementing audit recommendations to ensure effective internal controls
in financial management and payroll systems Tribal/Helm taken over by Capita €44,227 Not for
Publication 2012Midterm review of the Implementation of the National Strategy on Domestic, Sexual
and Gender based Violence 20102014 The Institute of Public Administration €24,539 December,
2012 2012 National evaluation report on the results and impacts of actions cofinanced by the European
Refugee Fund concerning the period 20082010. Capita Consulting €14,760(This is the joint cost of this
report and the one immediately following. No individual costs.) Not published to date. 2012 National
evaluation report on the results and impacts of actions cofinanced by the European Fund for the
Integration of thirdcountry nationals concerning the period 20072010. Capita Consulting 14,760(This is
the joint cost of this report and the one immediately above. No individual costs.) Not published to
date. 2012 Software Asset Management 360 Microsoft Baseline Report SAM360/OpenPlain €6,458 Not
for Publication 2012 Security Review Penetration Testing RITS Bianconi Research Ltd €6,874 Not for
Publication 2012 Audit of AISIP Capita €4,920 Not for Publication 2012 Audit of ICT Shared Services in
Justice Capita€9,225 Not for Publication 2012 Audit of ICT in Probation Service Capita €3,997 Not for
Publication 2012 An audit on the Financial Shared Service Payroll and Financial Management
Systems Capita €12,677 Not for Publication 2012 Department of Justice Safety Statement, 51 St Stephen’s
Green Safecon Training and Consultancy €984 Not for publication Internal doc2012 Report on the
workshop of National Traveller Committees Mr Owen McCarthy €2,450 November 2012 2012 Report of
‘Ethnicity and Travellers an Exploration’ conference proceedings Mr Owen McCarthy €2,200 December
2012 2013 IT Infrastructure Architecture Report Hibernia Evros €24,631 Not for Publication 2013 Dignity
at Work in the Irish Prison Service Report on Staff Perceptions Sue Corbett and Jacinta Kitt €10,500 June
2014 2013 Strategy Development Audit on ICT in FSS. These are specialist audits to ensure that key
systems have effective controls in place Capita €3,338 Not for Publication 2013 Review of the Drug
Treatment Court Programme Support and Advisory Committee for the Drug TreatmentNo Cost The report
has been overtaken by the proposal to develop a Community Court. This proposal has now been examined
by a Working Group of Justice Sector officials, and a decision made to consider the setting up a
Community Justice Intervention Initiative. 2014 Review of Harry Gleeson Case (2014) Mr. Shane Murphy
S.C. €83,305 Mr. Murphy’s report has not been published on the basis that it represents legal advice to the
Attorney General and to me as Minister. 2014 Information Security Expert Opinion provided to
Minister RITS Bianconi Research Ltd €10,096 Not for publication. For internal use. 2014 Facilitation of
and Reporting on a Consultative Forum for the National Strategy on Domestic, Sexual and Genderbased
Violence on 17 November 2014 Ms. Maureen P. Lynott €4,900 June 2015 2014 Information Security
Expert Opinion provided to Minister RITS Bianconi Research Ltd €10,096 Not for
Publication2014 Facilitators report of the workshop on Irish Sign Language held 14 December
2013 Internal Report not for publication €1,374 Not for Publication 2014 Evaluation of the Stable and
Acute 2007 Risk Assessment and Supervision Model in Use in Ireland and Northern Ireland
(Probation) Professor Tim Trimble, TCD €12,373 Not for publication 2014 Review of Irish Prison Service
ICT Security 2014 RITS €29,410 Unpublished – Internal Review 2014 Audit of Healthcare in certain
prisons/institutions Dr. J.J. Kennedy Roberts Bsc MB ChB OBE FRCGP €6,389 Unpublished – Internal
Review 2014 Review of the Employee Assistance Programme Karen McManus
Consulting €18,450 Unpublished Internal review 2015 National evaluation report on the results and
impacts of actions cofinanced by the European Fund for the Integration of thirdcountry nationals
concerning the period 20112013. Capita Consulting€15,015(This is the joint cost of this report and the
two immediately following. No individual costs.) The reports on the European Integration Fund are
required under Article 48(2)(b) of Decision 2007/435/EC. Not for publication by Dept, may be published
by Commission. 2015 National evaluation report on the results and impacts of actions cofinanced by the
European Refugee Fund concerning the period 20112013. Capita Consulting €15,015 (This is the joint
cost of this report and the one immediately above and the one immediately following. No individual
costs.) The reports on the European Refugee Fund are required under Article 50(2) of Decision
573/2007/EC. Not for publication by Dept, may be published by Commission.2015 National evaluation
report on the results and impacts of actions cofinanced by the European Return Fund concerning the
period 20112013 Capita Consulting €15,015 (This is the joint cost of this report and the two immediately
above. No individual costs.) The reports on the European Return Fund are required under Article 50(2)(b)
of Decision 575/2007/EC. Not for publication by Dept, may be published by Commission. 2015 ESRI
Research in Equality and Integration Due January 2017 €25,000 No 2015 Review of Drug and Alcohol
Treatment Services for Adult Offenders in Prison and in the Community Eustace Patterson €9,471 (50%
paid by Probation Service) Complete not published to date 2015 Feasibility Study of Laundry Service
Mountjoy Archie Kerr, Tarheel Training Centre, Scotland €973.00 Unpublished – In Progress. Internal
Review. 2015 Independent verification of saving and costings under the Haddington Road Agreement in
IPS Grant Thornton €7,926.12 Finalised May 2015 2015 Review of Irish Prison Service Psychology
2015 Frank Porporino €7,200 plus vat November 20152015 Development of Cleaning
Manual Cleanpass €6,000 Work In Progress. Will be unpublished For internal use. 2015 Menu
Review Calista Nutrition €2735 Unpublished Internal review 2015 Review of Drug and Alcohol
Treatment Services for Adult Offenders in Prison and the Community Eustace Patterson €9,471 (50% by
the IPS unpublished 2016 Developments in the gambling area University College Dublin €10,899 Not
completed yet 2016 Report on Build to Share Environment RITS Bianconi Research Ltd €3,819 Not for
Publication 2016Review of IASIO (Irish Association for Social Integration of Offenders) Eustace
Patterson €19,618.50 (jointly funded by Probation Service and Irish Prison Service €9,809.25 paid by
Probation Service) Not yet complete 2016 External Review of IASIO Eustace Patterson €15,950 To be
published March 2017 2016 Value for money review of IPS Canine GSS
International£14,441 Unpublished Internal review 2016 Review of the IPS Fleet Operations Automobile
association €10,000 Unpublished Internal review
13/12/2016WRC01550Public Relations Contracts Data13/12/2016WRC0160086. Deputy Niall
Collins asked the Tánaiste and Minister for Justice and Equality the details of the use of external public
relations firms employed by her Department per annum since March 2011 in tabular form; the list of uses
of the external public relations firm; the internal Department policy with regard to employing external
groups; and if she will make a statement on the matter. [39506/16]13/12/2016WRC01700Tánaiste and
It is my Department’s policy to use inhouse resources as much as possible and to restrict the use of
external support to a minimum. My Department has not incurred any cost in relation to the provision of
public relations services since March 2011.
13/12/2016WRC01750Tribunals of Inquiry Data13/12/2016WRC0180087. Deputy Thomas P.
Broughan asked the Tánaiste and Minister for Justice and Equalitythe amount of moneys recovered to
date by the State relating to the findings of the Flood Mahon tribunal by the Criminal Assets Bureau and
the Revenue Commissioners; and if she will make a statement on the matter. [39414/16]
13/12/2016WRC0190088. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and
Equality the amount of moneys recovered to date by the State relating to the findings of the Moriarty
tribunal by the Criminal Assets Bureau and the Revenue Commissioners; and if she will make a statement
on the matter. [39416/16]13/12/2016WRC0200089. Deputy Thomas P. Broughan asked the Tánaiste and
Minister for Justice and Equality if inquiries are continuing by the Criminal Assets Bureau into matters
relating to the findings of the Flood Mahon tribunal; the level of CAB resources allocated to this work;
and if she will make a statement on the matter. [39418/16]13/12/2016WRC0210090. Deputy Thomas P.
Broughan asked the Tánaiste and Minister for Justice and Equality if inquiries are continuing by the
Criminal Assets Bureau into matters relating to the findings of the Moriarty tribunal; the level of CAB
resources allocated to this work; and if she will make a statement on the matter. [39419/16]
I propose to take Questions Nos. 87 to 90, inclusive, together.
I can inform the Deputy that inquiries by the Criminal Assets Bureau are continuing at this time arising
from the referral of the reports of the Moriarty and Mahon Tribunals to the Criminal Assets Bureau.
The Deputy will appreciate that the deployment of personnel within the Bureau is primarily a matter for
the Chief Bureau Officer and I would have no role in relation to the conduct of particular Bureau
inquiries. I can however inform the Deputy that there is currently designated staff allocated to the
Criminal Assets Bureau in order to conduct the necessary inquiries. I can further inform the Deputy that
the Bureau will report to the Garda Commissioner in relation to these matters at the earliest possible time.
The Deputy will appreciate that as these matters are the subject of ongoing investigations at this time it
would not be appropriate to comment further. While I do appreciate that there is considerable public
interest in these matters, the primary concern for the Bureau is to ensure that inquiries are carried out as
comprehensively and effectively as possible.
13/12/2016WRC02250Garda Investigations13/12/2016WRC0230091. Deputy Thomas P.
Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Questions
Nos. 76 and 77 of 2 November 2016 and the subsequent letter of 11 November 2016, the level of Garda
resources in the Garda bureau of fraud investigation and other Garda units which are being applied to
investigations relating to the findings of the Flood Mahon tribunal; and if she will make a statement on
the matter. [39420/16]13/12/2016WRC0240092. Deputy Thomas P. Broughan asked the Tánaiste and
Minister for Justice and Equality further to Parliamentary Questions Nos. 76 and 77 of 2 November 2016
and the subsequent letter of 11 November 2016, the level of Garda resources in the Garda bureau of fraud
investigation and other Garda units which are being applied to investigations relating to the findings of
the Moriarty tribunal; and if she will make a statement on the matter. [39421/16]
13/12/2016WRC0250093. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and
Equality further to Parliamentary Questions Nos. 76 and 77 of 2 November 2016 and the follow up letter
of 11 November 2016, if she expects there will be an interim report to her Department and to Dáil
Éireann on investigations into the findings of the Flood Mahon and Moriarty tribunals in 2016 or early in
2017. [39422/16]13/12/2016WRC0260094. Deputy Thomas P. Broughan asked the Tánaiste and
Minister for Justice and Equality further to Parliamentary Questions Nos. 76 and 77 of 2 November 2016
and the follow up letter of 11 November 2016, when there will be final reports to her Department and to
Dáil Éireann from An Garda Síochána and the DPP relating to investigations into the findings of the
Flood Mahon and Moriarty tribunals; and if she will make a statement on the matter. [39423/16]
The Deputy will appreciate that the manner in which Garda resources, including personnel, are deployed
is an operational matter for the Garda Commissioner and her management team and I have no function in
this regard. Similarly, investigations into the matters referred to by the Deputy are properly dealt with by
An Garda Síochána in the first instance and I, as Minister, have no role in relation to the conduct of
particular Garda investigations.
I have been advised by the Garda authorities that investigations relating to the findings of the Flood and
Mahon Tribunals, as well as the investigation of certain matters arising from the report of the Moriarty
Tribunal, are ongoing. I am also advised that relevant liaison is maintained with the Office of the Director
of Public Prosecutions.
While I appreciate that there is considerable public interest in these investigations and their outcome, you
will appreciate that the overriding concern for An Garda Síochána is to ensure that these investigations
are carried out as comprehensively and effectively as possible. The Deputy will also appreciate that it is
not possible me to set a timescale in relation to the outcome of these or other Garda investigations.
13/12/2016WRC02750Garda Data13/12/2016WRC0280095. Deputy Niall Collins asked the Tánaiste and
Minister for Justice and Equality the number of Garda stations and the number of gardaí in each in the
Limerick Garda division on 30 November 2016 or the latest date for which the information is
available. [39546/16]13/12/2016WRC02900Tánaiste and Minister for Justice and
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources,
including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the
matter. Garda management keeps this distribution of resources under continual review in the context of
crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a
distribution model is used which takes into account all relevant factors including population, crime trends
and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer
to allocate personnel within his/her Division.
I am further informed that the Garda strength of the Limerick Division, on the 31 October 2016, the latest
date for which figures are readily available, was 549. There are also 38 Garda Reserves and 51 civilians
attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda
national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National
Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Garda National
Drugs and Organise Crime Bureau. For the Deputy’s information I have set out below in tabular form the
number of Garda stations and number of Gardaí assigned to the Limerick Division on 31 October 2016.
This Government is committed to ensuring a strong and visible police presence throughout the country in
order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.
To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce
of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000
civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500
civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also
be made to the Garda Reserve of approximately 300.
Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new
Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will
have been recruited by the end of this year since the reopening of the Garda College in September 2014.
This is an ambitious target and will require a continuous pipeline of suitable candidates. I am pleased to
say that the recruitment campaign launched by the Public Appointments Service on behalf of the
Commissioner last September, the second campaign this year, again received a strong response.
I am informed by the Garda Commissioner that since the reopening of the Garda College, 679 recruits
have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide
including 23 to the Limerick Division.
Garda Strength Limerick Division 31 October 2016
District Garda
Stations Strength BRUFF BALLYLANDERS 1 BRUFF 25 BRUREE 1 CAPPAMORE 3 HOSPITAL
2 KILMALLOCK 6 MURROE 2 PALLASGREEN 2 TOTAL 42HENRY
STREET ARDNACRUSHA 3 CASTLECONNELL 4 HENRY STREET 237 MAYORSTONE
PARK 65 TOTAL 309 NEWCASTLE
WEST ABBEYFEALE 8 ADARE 2ASKEATON 10 ATHEA 1 CROOM 3 DRUMCOLLOGHER 2 F
OYNES 2 NEWCASTLE WEST 36 PALLASKENRY 1 RATHKEALE 10 TOTAL 75 ROXBORO
ROAD BALLYNEETY 2 CAHERCONLISH 2 PATRICKSWELL 2 ROXBORO
ROAD 117 TOTAL 123 Total Limerick Division 26 Garda Stations 549
13/12/2016WRC02950Ministerial Correspondence13/12/2016WRC0300096. Deputy John Brady asked
the Tánaiste and Minister for Justice and Equality if she has used any private unsecured email accounts
for official business; and if she will make a statement on the matter. [39588/16]
The Deputy will wish to be aware that access for all staff to web based emails is restricted by security
infrastructure deployed by the Department of Justice and Equality. The Department provides a secure
remote access service to staff who require access to Departmental emails and other applications outside of
work hours. I use my Departmental email address to conduct official business related to my role. I also
operate an Oireachtas email account which is primarily used by my constituency office. Like most
people, I also have a personal email address and have, on very rare occasions, used this address in relation
to my role.
13/12/2016WRC03150Garda Recruitment13/12/2016WRC0320097. Deputy Mattie McGrath asked
the Tánaiste and Minister for Justice and Equality the avenue available to a person diagnosed with
dyslexia who is interested in pursuing a career with An Garda Síochána but is having difficulty
progressing to interview stage as a result of the diagnosis (details supplied); and if she will make a
statement on the matter. [39615/16]13/12/2016WRC03300Tánaiste and Minister for Justice and
Recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments)
Regulations 2013.
The Public Appointments Service (PAS), on behalf of the Garda Commissioner, manages the initial
recruitment stages for selection of Garda Trainees and I, as Minister, have no direct involvement in the
matter. I have, however, been informed that PAS, which conducts tests as part of the competitive
selection process, carefully considers all requests for reasonable accommodations. In considering such
requests, PAS is conscious of the rights of people with disabilities and of the obligations on it to observe
those rights and to act in accordance with the provisions of the relevant equality legislation.
As a public body established under the Public Service Management (Recruitment and Appointments) Act,
2004, PAS is also obliged under section 34(1)(b) of that Act to ensure that “standards of probity, merit,
equity and fairness” apply to all of its recruitment and selection work. These binding standards are set out
in the Code of Practice for Appointment to Positions where the Garda Commissioner has Statutory
Responsibility, as published by the Commission for Public Service Appointments.
I am advised that in considering requests for reasonable accommodations, PAS has a fundamental duty to
ensure it is being fair to all candidates who have entered a particular competition and that the key
principle of appointment on merit is being observed. To assist PAS in considering a request for
accommodations in a fair and balanced way, its policy is to ask candidates to indicate on their application
that they require special accommodations and to submit evidence in support of their request. PAS will
consider letters or reports from relevant professionals which clearly indicate the nature of the disability
and the type of accommodation(s) that may be relevant to the person. PAS has given additional time to
people with dyslexia where they have supporting evidence. However, having made reasonable
accommodations, candidates must reach the required standard in order to be considered for further
progression in a competition.
13/12/2016WRC03350Direct Provision Data13/12/2016WRC0340098. Deputy Mick Wallace asked
the Tánaiste and Minister for Justice and Equality the number of children under 10 years of age who have
been living under direct provision in 2016. [39631/16]13/12/2016WRC03500Minister of State at the
Department of Justice and Equality (Deputy David Stanton):
I am advised that there are just under 850 children aged ten years or under currently residing with their
families in State provided accommodation.
13/12/2016WRC03550Immigration Data13/12/2016WRC0360099. Deputy Niall Collins asked
the Tánaiste and Minister for Justice and Equality the number of persons granted citizenship here from
2000 to 2016 to date in tabular form (details supplied); and if she will make a statement on the
matter. [39634/16]13/12/2016WRC03700Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
number of persons that have been naturalised from 2000 to 2016 to date is 128,500 approximately. I am
also informed that the retrieval and compilation of the information requested by the Deputy for the
complete period in question would necessitate a disproportionate use of time and resources which could
not be justified in circumstances where the priority is to deal with the cases on hand.
In total 17,400 persons received certificates of naturalisation from 2000 to 2009. These figures are
compiled from an older database which does not facilitate the aggregation of the data in the manner
requested by the Deputy.
The following table shows the breakdown by gender of minor and adult persons naturalised in the years
2010 to 2016 inclusive.
Year 2010 2011 2012 2013 2014 2015 2016 Total Total 6,319 10,799 25,110 24,243 21,103 13,565 9,938
111,077 Minor male 670464 2,617 3,306 3,112 1,283 991 12,443 Minor
female 665 439 2,550 3,019 2,988 1,285 972 11,918 Adult
male 2,367 5,040 8,446 7,797 7,196 5,682 3,943 40,471 Adult
female 2,617 4,85611,497 10,121 7,807 5,315 4,032 46,245
13/12/2016WRC03750Garda Deployment13/12/2016WRC03800100. Deputy Jim O’Callaghan asked
the Tánaiste and Minister for Justice and Equality the status of the Dublin armed response unit; if it is
now operational; the number of gardaí assigned to it; if any of its members have been reassigned from
existing Garda units; if so, the number of such gardaí; if all the vacancies arising in those units from
reassignment have been filled; and if she will make a statement on the matter. [39651/16]
At the request of the Garda Commissioner earlier this year, the Government moved decisively to
strengthen Garda resources to deal with gangrelated crime in the Dublin area. In particular funding was
approved for the establishment of a dedicated Armed Support Unit for the Dublin Metropolitan Region
(DMR) in order to enhance armed support capability in Dublin and to free up the resources of the ERU.
I am informed by the Garda Commissioner that following a selection and training process, the Armed
Support Unit for the DMR will be fully operational imminently.
I am further informed that the information requested by the Deputy in relation to the number of Gardaí
assigned to the ASU is deemed to be operationally sensitive and cannot be disclosed for security reasons.
13/12/2016WRC03950Garda Industrial Relations13/12/2016WRC04000101. Deputy Michael
McGrath asked the Tánaiste and Minister for Justice and Equality her plans to fund the circa €50 million
cost of the Garda pay deal, following the recommendations of the Labour Court, from within her
Department’s resources in 2017; the areas in which she plans to make the required savings; and if she will
make a statement on the matter. [39737/16]13/12/2016WRC04100Tánaiste and Minister for Justice and
I welcome the decision by Garda Representative Association and Association of Garda Sergeants and
Inspectors members to accept the independent recommendation of the Labour Court which sought to
address the concerns that have been articulated in relation to their pay and conditions, the pay and
conditions of new recruits, and their access to the statutory dispute resolution bodies. The
Recommendation provides for:
the restoration of the rent allowance of €4,155 per annum to new recruits as of the date of acceptance,
the 5 December;
an increase in the value of the rent allowance by €500 bringing it to €4,655 per annum with effect from
1 January 2017;
the integration of the rent allowance in the new amount of €4,655 into salary with consequential
increases in unsocial hours and overtime payments also with effect from 1 January 2017;
the introduction of a €15 premium payment per annual leave day to compensate for the uncertainty
attaching to the taking of leave by Gardaí.
the implementation of a longstanding recommendation of the Garda Inspectorate by way of the
introduction of paid 15 minute pretour briefing or tasking sessions with effect from 1 January 2017.
I can inform the Deputy that arising from recent discussions with the Department of Public Expenditure
and Reform, the cost of the recent Labour Court recommendation in relation to Garda pay is being met
through a combination of additional exchequer funding and funding from within the existing budgetary
allocation for the Justice Vote Group.
13/12/2016WRC04150Legislative Measures13/12/2016WRC04200102. Deputy Anne Rabbitte asked
the Tánaiste and Minister for Justice and Equality when she will publish legislation to provide for
disclosure by gardaí of details on sex offenders where they consider public safety concerns exist,
including disclosure in relevant circumstances to individual parents. [39756/16]
In exceptional circumstances, such as an immediate risk to a person’s welfare and safety, it is already
possible for Gardaí to provide appropriate information regarding a sex offender to the public. Currently,
this is done on an administrative basis but these arrangements are to be put on a statutory footing in a Sex
Offenders (Amendment) Bill which will be published next year.
13/12/2016WRD0010013/12/2016WRD00200Legal Aid Service13/12/2016WRD00300103. Deputy Jim
O’Callaghan asked the Tánaiste and Minister for Justice and Equality when responsibility for criminal
legal aid will be transferred to the Legal Aid Board. [39757/16]13/12/2016WRD00400Tánaiste and
Work on the drafting of a Criminal Justice (Legal Aid) Bill is at an advanced stage in my Department.
The key purpose of the legislation is to transfer the administration of the Criminal Legal Aid Scheme to
the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal
legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid,
provision for contributions, and new sanctions. It is my intention to seek approval of Government for a
General Scheme of the Bill and submit it to the Oireachtas for prelegislative scrutiny as early as is
feasible in 2017.
13/12/2016WRD00500Legal Aid Service13/12/2016WRD00600104. Deputy Jim O’Callaghan asked
the Tánaiste and Minister for Justice and Equality the status of her Department’s examination of the
feasibility of a new public defender system. [39758/16]13/12/2016WRD00700Tánaiste and Minister for
The Programme for a Partnership Government contains a commitment to examine the feasibility of a new
Public Defender system. The necessary work to give effect to this commitment is under way in my
Department. In particular, the Department is in contact with relevant agencies and work on the research
and review of a Public Defender system, including previous reports in the matter and the position in other
jurisdictions, is ongoing. I expect to be in a position to report to the Government on this matter early in
2017.
13/12/2016WRD00800Garda Stations13/12/2016WRD00900105. Deputy Jim O’Callaghan asked
the Tánaiste and Minister for Justice and Equality when the pilot scheme to reopen six Garda stations will
commence. [39760/16]13/12/2016WRD01000Tánaiste and Minister for Justice and
The Deputy will be aware that the Government has, in the Programme for a Partnership Government,
recognised community policing as the embodiment of An Garda Síochána, providing a means of
recognising that every community, both urban and rural, has its own concerns and expectations. It
commits the Government to ensuring visible, effective and responsive policing in every community,
including the most minimal response times possible.
Under the Programme, the Government is committed to asking the Policing Authority to oversee a review
of, amongst other things, the dispersement of Garda stations in rural areas. In addition, the Government is
committed to launching a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine
possible positive impacts that such openings will have on criminal activity, with special emphasis on
burglaries, theft and public order.
In relation to the proposed pilot scheme, I have requested the Garda Commissioner, while fully cognisant
of her statutory functions in relation to the distribution of Garda resources in the State, to identify for
reopening 6 stations that were closed under the Garda Síochána District and Station Rationalisation
Programme. I have also asked the Authority to initiate the proposed review.
13/12/2016WRD01100Joint Policing Committees13/12/2016WRD01200106. Deputy Jim
O’Callaghan asked the Tánaiste and Minister for Justice and Equality the resources provided by her
Department to local joint policing committees in 2015 and 2016; and the amount being provided in
2017. [39761/16]13/12/2016WRD01300Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
It is important to note that the JPCs were established to act as a forum to improve collaboration and
engagement rather than a new administrative function with corresponding budgets and other resources.
There are already substantial resources deployed to addressing local policing and community safety
issues and the JPCs are intended to enhance how these resources are deployed, not to supplement them.
Each agency involved in the Committees is generally expected to meet the expenses arising for itself in
establishing and operating the Committees from within its own budget. As the Deputy is aware, the
Government has allocated very substantial increases in Garda resources, underpinned by the commitment
to increase Garda number to 15,000 overall. These investments will support all policing activities
including community engagement and Garda participation on consultative fora, including Joint Policing
Committees.
13/12/2016WRD01400Garda Strength13/12/2016WRD01500107. Deputy Jim O’Callaghan asked
the Tánaiste and Minister for Justice and Equality the current strength of each specialist unit in An Garda
Síochána involved in the fight against all forms of serious crime with regard to the programme for
Government commitment on the need to build up to full strength at the earliest opportunity; and the target
level for each. [39762/16]13/12/2016WRD01600Tánaiste and Minister for Justice and
have attested as members of An Garda Síochána and have been assigned to mainstream duties
nationwide. I expect that the specialist units will, like all policing activities, benefit as a result of these
new resources coming on stream.
For the Deputy’s information I have set out below the strength of the specialist units which form Garda
Special Crime Operations (formerly National Support Services) as of the 31 October 2016 ( the latest date
for which figures are available) as provided by the Commissioner. I am advised that for security and
operational reasons the strength of other specialist units, namely: the Armed Response Units, Emergency
Response Unit, Special Detective Unit and Security and Intelligence Section, cannot be provided.
Strength of Garda Special Crime Operations 31 October 2016
No. Garda National Economic Crime Bureau 55Garda National Technical Bureau 72 Garda National
Bureau of Criminal Investigation 45 Garda National Drugs & Organised Crime Bureau 105 Criminal
Assets Bureau 34 Garda National Protective Services Bureau 30 Garda National Immigration Bureau 115
13/12/2016WRD01700Garda Data13/12/2016WRD01800108. Deputy Jim O’Callaghan asked
the Tánaiste and Minister for Justice and Equality the number of Garda business fora established since
May 2016. [39763/16]13/12/2016WRD01900Tánaiste and Minister for Justice and
I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I
will contact the Deputy directly when the report is to hand.
13/12/2016WRD02000Courts Service13/12/2016WRD02100109. Deputy Jim O’Callaghan asked
the Tánaiste and Minister for Justice and Equality the status of her plans to resource the courts,
particularly the Circuit Court, to deal with increased nonsummary prosecutions of serious crimes; and
the additional resources being provided for this in 2017. [39764/16]13/12/2016WRD02200Tánaiste and
As the Deputy may be aware, at its meeting of 6 December 2016, the Government decided to reassign, by
appointment, three specialist judges of the Circuit Court as ordinary judges of the Circuit Court. These
judges will fill the three existing vacancies in the Circuit Court and so, following their appointment, there
will be no vacancies in the Circuit Court.
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the
courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has
informed me that while there was an increase in the number of prosecutions in the courts of nonsummary
serious crime offences in 2015, the full picture across the courts system for 2016 will be compiled early
in 2017 and the trends carefully examined at that point.
The Courts Service has also advised me that the allocation of judicial resources and the scheduling of
court cases is a matter for the Presidents of the courts and the judiciary who are, under the Constitution,
independent in the exercise of their judicial functions. The Courts Service continue to work with the
Presidents and the judiciary to support the efficient disposal of court cases and to ensure that waiting
times are kept to a minimum and, where specific issues are identified, resources are targeted at areas of
greatest need.
13/12/2016WRD02300Probation and Welfare Service13/12/2016WRD02400110. Deputy Jim
O’Callaghan asked the Tánaiste and Minister for Justice and Equality the measures being put in place to
strengthen supervision of prolific repeat offenders after they have served their prison
sentences. [39765/16]13/12/2016WRD02500Tánaiste and Minister for Justice and
Prolific offenders may be subject to a range of supervision measures. It is open to the Courts to impose a
Post Release Supervision Order under the Sex offender Act 2001 or a Part Suspended Sentence
Supervision Order under the Criminal Justice Act 2006. The supervision of offenders in the community
post release is based on the outcome of a formal risk assessment process conducted by the Probation
Service.
In an effort to strengthen the overall management of prolific offenders a Joint Agency Response to Crime
(JARC) was developed. JARC is a strategic response to the management of prolific offenders. As part
of this strategy a number of pilot initiatives have been developed to address the offenders’ behaviour and
reduce crime. JARC cases are managed on an interagency basis by An Garda Síochána, the Probation
Service and the Irish Prison Service.
In November 2015 I formally launched JARC which four interagency initiatives in Dublin. This is now
being extended to three additional areas; Dundalk, Waterford and Limerick.
On 22 September this year I launched the first Joint Strategy between the Department of Justice and
Equality, An Garda Síochána, The Probation Service and the Irish Prison Service. The Joint Strategy,
drawn up by the three agencies and with the full support of my Department recognises that in order to
protect the public and reduce victimisation in Irish society, a joint approach to the management of
offenders is essential. The Joint Strategy sets out a range of agreed key objectives and supporting actions
for the enhanced management of offenders, to be advanced on an interagency basis in the period 2016
2018. It places particular emphasis on the management of highvolume offenders, sex offenders,
perpetrators of domestic violence, combined with a strong focus on the rights and protection of crime
victims.
13/12/2016WRD02600Courts Service Administration13/12/2016WRD02700111. Deputy Jim
O’Callaghan asked the Tánaiste and Minister for Justice and Equality when she commissioned the annual
study on court efficiency and sitting times benchmarked against international standards to provide
accurate measurements for improving access to justice; and when it will be published. [39766/16]
13/12/2016WRD02800Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald):
The Programme for a Partnership Government contains a commitment to commission an annual study on
court efficiency and sitting times as outlined by the Deputy and my Department is currently examining
options to develop the most effective approach to implementing this commitment.
As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the
responsibility of the Courts Service, which is independent in exercising its functions, and the scheduling
and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges. The times
at which court hearings take place and the length of hearing days are matters falling within the
responsibility of the judiciary. Court hearing times are arranged to enable judges to prepare for the case,
read the papers where appropriate in the case or cases listed before them for hearing and to complete
other preparatory work associated with their lists. Judges, in individual cases, regularly arrange earlier
times for commencement of hearings and extend hearings beyond the usual finishing time to facilitate
parties, witnesses and legal representatives, and to ensure hearings are completed within the time
allocated to them in the court’s calendar.
Business is scheduled in so far as possible with a view to ensuring that the court has sufficient business
for the full duration of a scheduled sitting. The Court normally has no advance notice of matters that will
not proceed, matters that will proceed as expected and matters that overrun their expected duration.
Inevitably, on occasions, cases listed for hearing may settle and the Court will finish early. The Court, in
scheduling cases, endeavours to strike a balance between managing the expectations of parties that their
cases will get listed for hearing and the realistic possibility of such occurring. The Presidents of the
Courts, in consultation with the Courts Service, keep waiting times under regular review. Where specific
issues are identified additional judicial resources are targeted at the areas of greatest need.
The Supreme Court continues to make significant progress in dealing with the backlog of cases awaiting
hearing with the proactive review and management of its caseload under the direction of the Chief
Justice. Management of the Court of Appeal list is overseen by the President of the Court of Appeal and
judges have been designated by him to actively manage both the civil and the criminal appeals list on a
weekly basis to ensure cases are dealt with as efficiently as possible and delays are kept to a minimum.
The establishment of the Second Special Criminal Court this year has also impacted positively on waiting
times.
Waiting times in the High Court remain generally low and the President of the High Court continues to
keep the waiting times under review and has introduced measures to assist in prompt disposal of cases.
New measures introduced in the Bail List have had a positive impact on hearings with almost all matters
now heard on the first day listed or the following day resulting in improved case conclusion times as well
as in significant efficiencies for the Irish Prison Service. Waiting times in the Central Criminal Court
have also been significantly reduced following the introduction by the President of a fifth sitting of the
court.
Sittings of Circuit and District Courts are being held as scheduled and waiting times are kept under
ongoing review in consultation with the Presidents of the courts to ensure waiting times are kept to a
minimum. Earlier this year arrangements were put into place to redistribute the work of the District Court
in Dublin to allow the use of three courtrooms in Chancery Street Courthouse for District Court Family
Law child care business. This increased from five to eight the available courtrooms in Dublin to hear
family law matters in the District Court. As the Deputy will be aware, it is my intention, subject to
Government approval, to bring forward proposals in the coming months regarding a dedicated Family
Court and issues relating to access to the Family Courts and optimising the use and availability of court
time are likely arise for discussion in the course of discussions and consultations on those legislative
proposals.
As the Deputy will also be aware, a Family Law and Children Court complex is being developed which
will include a new Supreme Court facility and accommodation for court offices. The project will allow
for the much needed replacement of facilities currently in Dolphin House, Phoenix House, Áras Uí
Dhálaigh and the Children Court in a single location with custombuilt facilities and will also provide
appropriate accommodation for the Supreme Court.
I also intend to bring forward legislative proposals during 2017, in the form of a Civil Law and Courts
(Miscellaneous Provisions) Bill, which among other things will make provision for electronic case filing
in the courts.
Finally, a Criminal Procedure Bill is currently being drafted by the Office of the Parliamentary Counsel.
The primary aim of the Bill is to reduce delays and increase efficiency and fairness in the criminal trial
process. The Bill will in particular provide for new Preliminary Trial Hearings to allow for procedural
arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving
time and allowing juries to focus on the facts of the case. My officials are working closely with the Office
of the Parliamentary Counsel to progress the Bill.
Against the overall backdrop of these and other developments, and bearing in mind the considerable
number of legislative priorities already in train, including many relating to the courts, I intend in the new
year to revisit the particular Programme for Government commitment referred to by the Deputy with a
view to identifying a process for delivering on that item in 2017.
13/12/2016WRD02900Court Sittings13/12/2016WRD03000112. Deputy Jim O’Callaghan asked
the Tánaiste and Minister for Justice and Equality when she plans to publish legislation to reduce
excessive delays in trials and court proceedings, including pretrial hearings. [39767/16]
A Criminal Procedure Bill is currently being drafted by the Office of the Parliamentary Counsel. The
primary aim of the Bill is to reduce delays and increase efficiency and fairness in the criminal trial
process. The Bill will in particular provide for new Preliminary Trial Hearings to allow for procedural
arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving
time and allowing juries to focus on the facts of the case.
My officials are working closely with the Office of the Parliamentary Counsel to progress the Bill.
13/12/2016WRD03200Coroners Service13/12/2016WRD03300113. Deputy Joan Collins asked
the Tánaiste and Minister for Justice and Equality if she will support an immediate inquest followed by a
commission of inquiry into the case of a person (details supplied). [39770/16]
I can assure the Deputy that I am aware of the various concerns which have been raised about the case
referred to. I am advised that the Garda investigation in relation to this case is ongoing and that the Garda
Commissioner has requested the Serious Crime Review Team (SCRT) to examine the case, as a matter of
priority, ensuring that all avenues of enquiry are fully explored and addressed. In this context, the Deputy
will appreciate that it would not be appropriate for me to make any more detailed comment on the matter.
In relation to the holding of an inquest, the Deputy may be aware that, under the Coroners Act 1962, as
amended, a coroner is a statutory officer exercising quasijudicial functions, in relation to which he or she
is independent. A Coroner is responsible for the scheduling and conduct of inquests in his or her district
and it is not open to me, as Minister, to intervene in this regard.
13/12/2016WRD03500Suicide Prevention13/12/2016WRD03600114. Deputy Jonathan O’Brien asked
the Tánaiste and Minister for Justice and Equalitythe suicide prevention training available to gardaí; and
the percentage of Gardaí that have taken this training up. [39846/16]13/12/2016WRD03700Tánaiste and
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and
managing and controlling generally the administration and business of An Garda Síochána, including by
arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the
matter.
I have requested the information sought from the Garda Commissioner and when it is to hand I will
provide it to the Deputy.
the Tánaiste and Minister for Justice and Equality the suicide prevention training available to prison staff;
and the percentage of prison staff that have taken this training up. [39847/16]
I am informed by the Irish Prison Service that it developed an updated Mental Health Awareness
Programme for staff in 2014. The development of this programme was overseen, and approved, by the
Mental Health Training Oversight Group, comprising representatives of the healthcare, psychiatry,
psychology services, staff support services and the Irish Prison Service College. The programme provides
training on all aspects of mental health, including suicide prevention training.
This programme is currently being delivered to all prison staff, and to date 665 staff have been trained.
This Programme is also being delivered to all Recruit Prison officers as part of their mandatory training
schedule.
13/12/2016WRD04100Departmental Funding13/12/2016WRD04200116. Deputy Éamon Ó Cuív asked
the Tánaiste and Minister for Justice and Equality when a decision will be made on an application for
funding to the Commission for the Support of Victims of Crime by a group (details supplied); if this will
include funding for a fulltime worker; and if she will make a statement on the matter. [39852/16]
My Department is currently considering applications for funding for victims of crime for 2017. I am
aware of the organisation’s application, and it is my intention that all organisations who have applied for
funding will be notified of the decision on their application before the end of the year.
13/12/2016WRD04400Court Judgments13/12/2016WRD04500117. Deputy Peadar Tóibín asked
the Tánaiste and Minister for Justice and Equality if her Department has been involved in any court
proceeding that involved nondisclosure agreements in the past five years; and if so, if the specific court
ruling prevented knowledge of the court proceeding being known and knowledge of the participants to
the court proceeding from being made known for each of these agreements. [39871/16]
The Chief State Solicitors Office (CSSO) may, in appropriate cases, enter settlement agreements with the
legal representatives of individuals who have applied for a Judicial Review of an executive decision. Such
a letter will propose terms of settlement and will generally include a clause setting out that the applicant
and their legal representatives will, as part of the agreement, jointly agree not to disclose or reveal the
contents of the settlement. This is a routine practice in litigation, not unique to this jurisdiction and such
settlements are agreed between the CSSO and various solicitors representing applicants on a case by case
basis. These agreements relate to legal representatives of private individuals and many of these
individuals may have at some stage applied for asylum or protection status in the State. I would therefore
not be in a position to disclose the details of such individual cases. Indeed, as the Deputy may be aware,
in cases brought by a person seeking asylum, the Court withholds the identity of the applicants from its
published judgment in order to protect their confidentiality.
In addition, in circumstances where the State is defending proceedings involving claims for damages, it is
commonplace for legal proceedings to be settled on the basis of confidentiality being maintained by way
of agreement between the parties in relation to the terms of any settlement. Once a confidentiality clause
becomes part of a settlement, it is commonplace that these proceedings are then struck out either with
/without an Order, in accordance with the agreement between the parties.
It should be noted that my Department seeks to ensure that feedback from court cases and/or judgments is
conveyed to the relevant policy or operation division in order to have any lessons learned applied to
processes or policy.
13/12/2016WRD04700UN Convention on the Rights of Persons with Disabilities
13/12/2016WRD04800118. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and
Equality the nature of the significant blockages or barriers to ratification and enactment of the 2007
Convention on the Rights of Persons with Disabilities in view of the fact that there is no legal impediment
to ratification from the United Nations perspective; the measures taken to address the putative barriers or
blockages to date; when ratification can be expected; and if she will make a statement on the
matter. [39886/16]13/12/2016WRD04900Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
Ireland is a dualist State, Article 29.6 of the Constitution providing that international agreements have the
force of law to the extent determined by the Oireachtas . It is essential therefore that the State is in a
position to meet the obligations it assumes under the terms of an international agreement from the
moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of
Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required
to ensure obligations will be met upon entry into force for Ireland. The previous Government published a
Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements,
along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland’s
ratification of the Convention. The Assisted DecisionMaking (Capacity) Act 2015 was signed into law
on 30 December 2015 and is a comprehensive reform of the law on decisionmaking capacity. The
Criminal Law (Sexual Offences) Bill 2015 completed Committee Stage in the Dáil on 7 December. When
enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the
full participation in family life of persons with intellectual disabilities and the full expression of their
human rights. Achieving the necessary balance between those rights and ensuring appropriate protection
is crucial.
Work is underway on drawing up the Equality/Disability (Miscellaneous Provisions) Bill to progress
miscellaneous legislative amendments necessary to proceed to ratification. The Bill will address issues
such as the Convention’s requirements in relation to reasonable accommodation and deprivation of
liberty. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the
Department of Justice and Equality website. The Bill is at the final stages of drafting and while I am not
in a position to give an exact date, I expect the Bill to be published very shortly so as to facilitate
ratification of the Convention as early as possible.
13/12/2016WRD05000Charitable and Voluntary Organisations13/12/2016WRD05100119. Deputy John
Halligan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No.
90 of 13 July 2016, the number of organisations that have still not registered with the Charities
Regulation Authority despite deadlines of 16 April 2016 and 31 October 2016 in tabular form; the
number of charities that have registered and the level or overall registration compliance for organisations
with a 31 December year end now that the 31 October reporting deadline has now passed; and if she will
make a statement on the matter. [39888/16]13/12/2016WRD05200Tánaiste and Minister for Justice and
The Charities Regulatory Authority (‘Charities Regulator’) was established in October 2014 to regulate
all charitable organisations in Ireland in accordance with the provisions of the Charities Act 2009. On
establishment date, all charities with a valid CHY number, i.e. those with tax exemption status from the
Revenue Commissioners, were automatically entered on the statutory Register of Charities. Part 4 of the
2009 Act, providing for new investigatory and enforcement powers allowing the Regulator to investigate
the affairs of a charitable organisation and to take enforcement action if necessary, was commenced on 5
September 2016.
I am advised by the Charities Regulator that a total of 7,942 charities with CHY numbers are deemed to
be registered. In order for charities to be in compliance with the Charities Act they must:
(a) engage with the Charities Regulatory Authority and establish an online account;
(b) complete and submit details for the Public Register of Charities; and
(c) on an annual basis prepare and file annual reports and accounts.
The following table provides details on the current status of the 7,942 charities:
Status Charities % of total % Change from end 2015 a) Engaged and Established Account 5,736 72% Up
57% b) Submitted details for Public Register 5,027 63% Up 282% c) Annual Report & Accounts
Filed 4,410 55% Up 509%
I am advised that the Regulator has begun a final phase of contacting those who have yet to engage to
establish if they are still operating. The removal from the Register of charities which are no longer
operating will result in a reduction of the total number of deemed registered charities. By not ensuring
that they are in compliance with the Charities Act, they put their organisations at risk of financial and
reputational damage and both the Regulator and I have urged charities to take steps to ensure compliance.
Charities that continue to operate but which have not yet engaged with the Charities Regulator will be
subject to potential enforcement action by the Regulator.
13/12/2016WRD05300Legal Services Regulation13/12/2016WRD05400120. Deputy Clare Daly asked
the Tánaiste and Minister for Justice and Equality further to parliamentary question number 108 of 1
December 2016, her views on the fact that the assurances she received from the body concerned do not
tally with allegations contained in a letter from a person (details supplied) dated 5 November 2016 and
forwarded to her by An Taoiseach; the steps she is taking to investigate these conflicting accounts of
events. [39901/16]13/12/2016WRD05500Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
The allegations to which the Deputy refers relate to the respective conduct of business by the body
concerned under its general constitution, disciplinary code and code of conduct and in relation to the
body’s making available of certain statutory forms and like matters. As I have previously conveyed to the
Deputy in my Written Reply of 1 December 2016 to which she has referred, it remains for the governing
body of the entity concerned, being as it is a private body, to competently conduct the indoor
management and to oversee the conduct of its own business in accordance with its own rules and
procedures and, as I have also already conveyed to the Deputy, the body concerned has confirmed to my
Department on 14 October 2016 that it is satisfied that it has followed its internal procedures. As well as
recognising the internal jurisdiction of the private body concerned over the running of its own affairs,
including under its own rules of association, I also have to be cognisant of the reputational implications of
allegations being made where, as in this case, named individuals may be concerned. Moreover, these are
matters which could, in their resolution, give rise to possible litigation or judicial review.
It is for the person making the allegations concerned to take them up in an appropriate manner with the
body concerned. It is also my understanding that the allegations in the letter cited by the Deputy refer,
among other matters, to the modalities of appointment of a professional conduct tribunal the specific
proceedings of which are subject to ongoing court proceedings to which both the person making these
allegations and the private body concerned are parties and I will not, therefore, be commenting further on
this matter.
The Legal Services Regulation Act 2015 provides that one member of the Legal Services Regulatory
Authority shall be nominated by the Bar Council. Such a nomination was duly received from the Director
of the Bar Council on behalf of the Council and the procedures having been followed in accordance with
section 9 of the 2015 Act, the person concerned was appointed to the Legal Services Regulatory
Authority on 27 September 2016.
13/12/2016WRD05600Suicide Incidence13/12/2016WRD05700121. Deputy Jonathan O’Brien asked
the Tánaiste and Minister for Justice and Equality the number of suicides and parasuicides during each of
the past ten years in Irish prisons. [39902/16]13/12/2016WRD05800Tánaiste and Minister for Justice and
I am advised by the Irish Prison Service that there have been 16 deaths in custody which have been
determined as death by suicide in the period from 2006 to 2016 inclusive. The Irish Prison Service has
also advised that there are 25 inquests pending; no cause of death has been determined in those cases as
the coroners inquest has not been completed.
The Irish Prison Service has confirmed that it does not currently collate data on para suicide in the
manner requested. However, it has recently developed a matrix on incidents of self harm which will allow
it to differentiate between the levels of intent in incidents of self harm and identify incidents of para
suicide in the future.
the Tánaiste and Minister for Justice and Equality the details of members of each local suicide and self
harm prevention group in each Irish prison; and the number of times and the dates each of those groups
has met during each year since their establishment. [39908/16]13/12/2016WRD06100Tánaiste and
The Irish Prison Service has advised me that the circumstances of each death in custody and incident of
selfharm are examined by a suicide prevention group in each institution. The groups are chaired by a
Prison Governor, and include representatives from the various services, which can include the Prison
Doctor, Psychiatry, Psychology, Chaplaincy, Probation, Education, and Prison staff. The Groups are
required to meet quarterly, or more often if necessary.
Their examinations fully cover the background and circumstances of each death. Their objective is to
identify, where possible, measures which might be implemented to contribute to a reduction in the risk of
deaths in the future. In addition, the National Suicide and Harm Prevention Steering Group chaired by the
Director General, Irish Prison Service, provides a forum for collating the reports of the local Suicide
Prevention Committees and disseminating significant findings throughout the prison system.
13/12/2016WRD06200Garda Inspectorate Reports13/12/2016WRD06300123. Deputy Pearse
Doherty asked the Tánaiste and Minister for Justice and Equality the number of recommendations from
the Garda Inspectorate report of 2009 on missing persons that have been implemented; if she will provide
an explanation for each recommendation not yet implemented; and if she will make a statement on the
matter. [39946/16]13/12/2016WRD06400Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
In line with a commitment in the Programme for Government 2007, the Garda Síochána Inspectorate
examined Garda practice with regard to missing persons. The Inspectorate found overall that Garda
systems for handling missing persons cases are in line with international best practice. The Inspectorate’s
Report contained 18 recommendations on how these systems could be further enhanced and 17 of these
recommendations have been implemented.
Recommendation 11, which states that ‘the Garda Síochána ensure that missing persons technology
allows for collaboration and coordination with the Police Service of Northern Ireland and other police
services across Europe’, has been deferred with the acknowledgment of the Garda Inspectorate.
To identify the optimum technology required to support effective collaboration, coordination and
communication with other police services, An Garda Síochána has observed a cross border alert involving
Belgium, France, the Netherlands and the United Kingdom. However, current technology allows for the
collaboration by An Garda Síochána with the International Centre for Missing and Exploited Children
(ICMEC) on its international website for missing children and in all cases with an international
dimension, the services of INTERPOL are utilised.
In 2012, the Child Rescue Ireland (CRI) Alert was launched, which enables An Garda Síochána to seek
the assistance of the public where a child has been abducted and where there is a reasonable belief that
there is an immediate and serious risk to the health or welfare of a child. In 2013, a mobile ‘app’ for CRI
Alert was launched and to date over 20,000 people have downloaded it.
13/12/2016WRD06500Missing Children13/12/2016WRD06600124. Deputy Pearse Doherty asked
the Tánaiste and Minister for Justice and Equality the time a website (details supplied) has not been
working; and if she will make a statement on the matter. [39947/16]13/12/2016WRD06700Tánaiste and
The website in question is hosted by the Global Missing Children Network (GMCN) and while An Garda
Síochána contribute to the site, neither my Department nor An Garda Síochána have a direct role in its
administration. I am advised by the Garda authorities that a new GMCN website was launched in May
2015. The cases from www.missingkids.ie have been moved to this new system and further information is
available at http://internationalmissingchild.org.
13/12/2016WRD06800Missing Persons13/12/2016WRD06900125. Deputy Pearse Doherty asked
the Tánaiste and Minister for Justice and Equality the reason all missing persons, as per her reply on 6
December 2016 on the issue, are not on the section of the Garda website for missing persons; and if she
will make a statement on the matter. [39948/16]13/12/2016WRD07000Tánaiste and Minister for Justice
and Equality (Deputy Frances Fitzgerald):
The website in question is operated by An Garda Síochána and I have no direct role in its administration.
However, I am informed by the Garda authorities that the missing persons section on the Garda website is
managed and maintained by the Missing Persons Bureau which is part of the Garda National Protective
Services Bureau.
As the Deputy will be aware, the District Officer of a District where a person is reported missing is
responsible for the investigation of that incident. They also provide details on any missing persons to the
Missing Persons Bureau, including any information to be displayed on the Garda website. The District
Officer requires both the written consent of the family of the person reported missing and a recent
photograph before an individual can be included in the missing persons section on the Garda website.
If the family of any person reported missing wishes to have their loved ones details included on the
website, they should contact their local Garda station for further information.
13/12/2016WRD07100Missing Persons13/12/2016WRD07200126. Deputy Pearse Doherty asked
the Tánaiste and Minister for Justice and Equality if An Garda Síochána is carrying out a full review of
all missing persons cases since 1951; and if she will make a statement on the matter. [39950/16]
The Deputy will appreciate that management of particular Garda investigations, including the allocation
of resources, and the identification of lines of inquiry, are matters in the first instance for the Garda
authorities and I have no direct role in this regard. All incidents where persons have been reported
missing remain under investigation until such time as the person is located.
District Officers in the area where person has gone missing take direct responsibility for all investigations
/ searches carried out. Local investigation teams are appointed by the District Officer and all means
necessary, including the services of specialist units, are deployed to assist in these investigations, when
considered appropriate. The Missing Persons Bureau is responsible for all data relating to missing persons
and provides expert assistance and advice to District Officers in all high risk missing person cases.
13/12/2016WRE0010013/12/2016WRE00150Residency Permits
13/12/2016WRE00200127. Deputy Robert Troy asked the Tánaiste and Minister for Justice and
Equality if she will review the decision to grant a person (details supplied) a oneyear visa with a view to
extending this term; and if she will make a statement on the matter. [39958/16]
13/12/2016WRE00300Tánaiste and Minister for Justice and Equality (Deputy Frances Fitzgerald):
person concerned applied for a right of residency, accompanied by a right to work, based on their
parentage of an Irish citizen child. The application was received in the relevant section of the INIS on 15
September, 2015. The Deputy will appreciate that applications are considered on a case by case basis
having regard to the particular individual circumstances, including, inter alia, information and supporting
documentation setting out the role the applicant plays in the Irish citizen child’s life.
Based on the information submitted, the application was refused on 22 December 2015. Leave to Remain
was granted, however, for one year as an exceptional measure which was renewable and has been
subsequently renewed up to 22 November, 2017.
made directly to the INIS of my Department by email 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 email service except in cases where the response from the INIS is, in the
Deputy’s view, inadequate or too long awaited.
13/12/2016WRE00350Garda Data13/12/2016WRE00400128. Deputy Thomas P. Broughan asked
the Tánaiste and Minister for Justice and Equality the number of gardaí in each Garda division that have
received advanced driving courses in each of the years 2014, 2015 and to date in 2016; and if she will
make a statement on the matter. [39968/16]13/12/2016WRE00500Tánaiste and Minister for Justice and
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and
managing and controlling generally the administration and business of An Garda Síochána including by
arranging for the training of the members and civilian staff of An Garda Síochána and I, as Minister, have
no direct role in the matter.
I have requested the information sought from the Garda Commissioner and when it is to hand I will
provide it to the Deputy.
13/12/2016WRE00550Garda Equipment13/12/2016WRE00600129. Deputy Thomas P. Broughanasked
the Tánaiste and Minister for Justice and Equality the full cost of fitting an automatic number plate
recognition system to all Garda vehicles; and if she will make a statement on the matter. [39969/16]
As the Deputy will be aware, decisions in relation to the provision and allocation of resources is a matter
for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I am advised by the Garda authorities that the current cost of purchasing and installing an automatic
number plate recognition (ANPR) system is some €6,000 per vehicle. Given that the Garda fleet
comprises some 2800 vehicles, the cost of fitting all Garda vehicles with ANPR would amount to some
€16.8 million. The Deputy will appreciate that Garda vehicles are used for a range of purposes and not all
Garda vehicles would require ANPR.
As the Deputy will be aware, the Garda Síochána Modernisation and Renewal Programme 20162021
envisages the expansion of the number of ANPR units and all units being 3Genabled to provide Gardaí
with realtime information. It also envisages that An Garda Síochána will examine the introduction of
fixed ANPR sites at strategic locations across the road network.
13/12/2016WRE00750Garda Operations13/12/2016WRE00800130. Deputy Thomas P. Broughan asked
the Tánaiste and Minister for Justice and Equality if she will report on the Garda operation clave; the
number of persons arrested and charged to date; the number of successful convictions obtained to date; if
she will report on Garda operation scales; the number of persons arrested and charged to date; the number
of successful convictions obtained to date; and if she will make a statement on the matter. [39970/16]
I have requested a report from the Garda authorities on the matter raised by the Deputy and I will be in
contact again when that report is to hand.
13/12/2016WRE00950Irish Naturalisation and Immigration Service Staff
13/12/2016WRE01000131. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and
Equality if she will report on the recruitment of immigration officers for the Irish Naturalisation and
Immigration Service for Dublin Airport; the number of officers to be recruited; when she expects the
recruitment process to be completed; and when she expects newly recruited staff to commence
employment. [39985/16]13/12/2016WRE01100Tánaiste and Minister for Justice and
The process to civilianise border control functions at Dublin airport and the transfer of these
responsibilities from An Garda Síochána to the Irish Naturalisation and Immigration Service (INIS) of my
Department is well underway. The first phase of the project was completed at the end of June 2015, with
civilian staff of INIS operating all passport controls in Terminal 1 on a 24/7 basis.
In order to ensure that my Department can sustain the staffing levels required to undertake immigration
control functions and to move to a 24/7 civilian operation in Terminal 2 a recruitment competition for
Immigration Control Officers has recently been completed by the Public Appointments Service (PAS).
Arrangements for the first appointments from this panel are at an advanced stage with initial
appointments expected to be made in Quarter 1 of 2017.
The deployment of civilian staff to carry out border functions at Dublin Airport is proving successful and
I can assure the Deputy that I am committed to the continuing civilianisation of these functions at Dublin
airport.
13/12/2016WRE01150Garda Deployment13/12/2016WRE01200132. Deputy Brian Stanley asked
the Tánaiste and Minister for Justice and Equality the number of new gardaí out of training that have been
deployed in counties Laois and Kildare in the past year. [40026/16]
13/12/2016WRE01300133. Deputy Brian Stanley asked the Tánaiste and Minister for Justice and
Equality when the next batch of Garda will come out of training; and the number that will be deployed to
Garda stations in counties Laois and Kildare. [40027/16]13/12/2016WRE01400Tánaiste and Minister for
I propose to take Questions Nos. 132 and 133 together.
I am assured by the Garda Commissioner that in regard to the deployment of personnel, a distribution
model is used which takes into account all relevant factors including population, crime trends and the
policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to
allocate personnel within his/her Division.
Laois forms part of the Laois/Offaly Division. I am informed that the number of personnel assigned to
that Division on the 31 October 2016, the latest date for which figures are readily available, was 294
members, 22 Garda Reserves and 22 civilians. I am further informed that the personnel assigned to the
Kildare Division was 307 members, 22 Garda Reserves and 29 civilians. When appropriate, the work of
local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal
Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud
Investigation) and the Garda National Drugs and Organise Crime Bureau.
have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide
including 29 to Laois/Offaly Division, and 35 to the Kildare Division.
In so far as the allocation of newly attest Gardaí next year is concerned, this is a matter for the Garda
Commissioner and I, as Minister has no direct role in it. I am assured by the Commissioner that the needs
of all Garda Divisions are fully considered when determining the allocation of resources. However, it is
important to keep in mind that newly attested Gardaí have a further 16 months of practical and classroom
based training to complete in order to receive their BA in Applied Policing. To ensure that they are
properly supported and supervised and have opportunities to gain the breadth of policing experience
required, the Commissioner’s policy is to allocate them to specially designated training stations which
have the required structures and resources in place, including Garda tutors.
13/12/2016WRE01450Immigration Status13/12/2016WRE01500134. Deputy Bernard J. Durkan asked
the Tánaiste and Minister for Justice and Equality if leave to remain will be facilitated in the case of a
person (details supplied); and if she will make a statement on the matter. [40034/16]
I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that
this person originally arrived in the State on 23 December 2008 and registered as a student on 7 January
2009 and that their permission expired on 31 March 2015.
An application was received in this Department on 12 March 2015 and on 17 May 2016, this person was
informed that their application was refused.
If this person chooses to leave the State voluntarily, then it would then be open to them to apply for a D
reside visa from outside the State. At that point, any family circumstances would be taken into account
along with any other reasons why they believe they should be granted permission to reside in Ireland. If
this person were unsuccessful in the application for a D reside visa it would not affect their entitlement to
apply for a visa in the future to reenter this State or to enter any other State.
If there are any relevant exceptional circumstances which would justify granting this person permission to
remain in the State, they will be taken into account if the Minister issues them with an intention to deport
letter under Section 3 of the Immigration Act 1999 (as amended). If the Minister issues such a letter to
this person, and if she decides to make a deportation order against them, please note that an Irish
deportation order would have the effect of barring them from the State unless the order is subsequently
revoked by the Minister. Such an order may also prevent this person from applying to reside in any of the
other European Union Member States.
Please be informed that it is illegal under the Immigration Act 2004 to reside in the State without
permission from the Minister for Justice and Equality. A person found guilty of such an offence is liable,
under section 13 of the Immigration Act 2004, to a fine not exceeding €3,000 or to imprisonment for a
term not exceeding 12 months or to both. As this person does not have current immigration permission
they are not entitled to work.
made directly to INIS by email using the Oireachtas Mail facility which has been 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 Parliamentary Question process. The Deputy may consider using the email
service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long
awaited.
13/12/2016WRE01650Immigration Status13/12/2016WRE01700135. Deputy Róisín Shortall asked
the Tánaiste and Minister for Justice and Equality if she will issue a temporary stamp 4 and an updated
GNIB card to a person (details supplied) to allow them to continue to work while a review of their case is
being carried out in view of the inadvertent miscommunication between the person and INIS. [40042/16]
I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the
person concerned was refused an application for a residence card, under the provisions of the European
Communities (Free Movement of Persons) Regulations 2015, on 14 November, 2016.
A request by the applicant for a review of this decision was received on 07 December, 2016. The request
for a review has been accepted for consideration, and the person concerned has been informed of this by
letter of 9th December 2016. The person concerned has also been informed that they may obtain
temporary permission to reside in the State while their review is under consideration. The EU Treaty
Rights Review Unit will be in further contact with the person in question in due course.
made directly to the INIS by email using Oireachtas Mail facility which has been specifically established
the email service except in cases where the response from the INIS is, in the Deputy’s view, inadequate
or too long awaited.
13/12/2016WRE01850Naturalisation Applications13/12/2016WRE01900136. Deputy Bernard J.
Durkan asked the Tánaiste and Minister for Justice and Equality the progress to date in determination of
an application for naturalisation in the case of a person (details supplied); and if she will make a statement
on the matter. [40057/16]13/12/2016WRE02000Tánaiste and Minister for Justice and
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an
application for a certificate of naturalisation has been received from the person referred to by the Deputy.
This application has entered the final stage of processing. A letter has issued to the person concerned
requesting him to submit the prescribed certificate fee and other documents. When the fee and
documentation have been received an invitation will be issued to attend a citizenship ceremony at which
the person concerned will make a declaration of fidelity to the Irish Nation and loyalty to the State and
receive his certificate of naturalisation.
made directly to INIS by email using the Oireachtas Mail facility which has been specifically established
the email service except in cases where the response from INIS is, in the Deputy’s view, inadequate or
too long awaited.
13/12/2016WRE02050Garda Investigations13/12/2016WRE02100137. Deputy Michael McGrath asked
the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 175 of 12 July
2016, if she will provide information for the period requested in respect of all technologyrelated
cybercrime affecting businesses here; the number of convictions; and if she will make a statement on the
matter. [40071/16]13/12/2016WRE02200Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
I previously advised that the particular statistical information sought by the Deputy is not available from
the CSO. However, to be of assistance to the Deputy, I have had further inquiries made but I am advised
that it is not possible to provide the particular disaggregation of data within the relevant crime categories
as sought by the Deputy.
13/12/2016WRE02250Garda Station Closures13/12/2016WRE02300138. Deputy Jim O’Callaghanasked
the Tánaiste and Minister for Justice and Equality when she proposes to make an announcement on the
reopening of Garda stations, including Cloughjordan Garda Station, County Tipperary. [40082/16]
The Deputy will appreciate that the Garda Commissioner is primarily responsible under statute for the
effective and efficient use of the resources available to her. This includes responsibility for the
formulation of proposals in relation to the opening and closing of Garda Stations, taking into account
crime trends and policing priorities, so as to ensure that the best possible use is made of these resources.
In this context, I understand that Cloughjordan Garda station is operating with limited opening hours.
Under the Programme for a Partnership Government, the Government is committed to launching a pilot
scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such
openings will have on criminal activity, with special emphasis on burglaries, theft and public order.
I have requested the Garda Commissioner, while fully cognisant of her statutory functions, to identify for
reopening 6 stations that were closed under the Garda Síochána District and Station Rationalisation
Programme.
I am informed that work is ongoing in An Garda Síochána in this regard and that consultations have taken
place with relevant stakeholders including, I understand, the Policing Authority.
It is intended that the results of the pilot scheme will feed into the wider review being overseen by the
Authority into, amongst other things, the dispersal of Garda stations in rural areas. In this regard, I
understand that the Authority has formally requested the Garda Síochána Inspectorate to examine the
dispersal and use of resources available to the Garda Síochána in the delivery of policing services to local
communities and to make recommendations to provide a more effective, visible and responsive policing
service.
13/12/2016WRE02450Asylum Applications13/12/2016WRE02500139. Deputy Joan Collins asked
the Tánaiste and Minister for Justice and Equality the number of asylum seekers who requested
permission to leave the State temporarily under section 9(4)(a) of the Refugee Act 1996 since 2011, in
tabular form; the gender of these persons; the country that these persons travelled to; and the reasons
permission to leave the State temporarily was granted or refused. [40084/16]
As a general rule applicants seeking international protection are not permitted to leave the State without
the consent of the Minister.
On rare occasions such permission has been sought and I am advised by the Irish Naturalisation and
Immigration Service (INIS) of my Department that requests are dealt with on an individual and
exceptional basis and that statistics for such requests are not captured automatically. It would not be
possible to collate the information requested by the Deputy without diverting very significant resources
away from processing applications which remains the priority.
13/12/2016WRE02650Garda Deployment13/12/2016WRE02700140. Deputy David Cullinane asked
the Tánaiste and Minister for Justice and Equality the numbers assigned to each Garda divisional drugs
unit here for each of the years 2008 to 2015 and to date, in 2016; and if she will make a statement on the
matter. [40105/16]13/12/2016WRE02800Tánaiste and Minister for Justice and Equality (Deputy Frances
Fitzgerald):
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of
resources, including personnel, among the various Garda Divisions and Units and I, as Minister, have no
direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is
continually monitored and reviewed taking into account all relevant factors including crime trends,
demographics, and security assessments relating to the area in question so as to ensure optimal use is
made of Garda human resources.
I have been informed by the Garda Commissioner that as of the 31 October 2016, the latest date for which
figures are readily available, there were 237 members assigned to the Garda Divisional Drugs Units.
It is important to note that all Gardaí have a responsibility in the prevention and detection of criminal
activity whether it be in the area of drug offences or otherwise. I can assure the Deputy that An Garda
Síochána continues to proactively and resolutely tackle all forms of drug crime in this jurisdiction. The
Garda National Drugs and Organised Crime Bureau leads out the policing strategy for tackling drugs
supply. This approach allows for the coordinated use of Garda resources in tackling all forms of
organised crime, including illicit drug activity nationwide.
Since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána,
and have been assigned to mainstream duties nationwide. It is expected that Garda drug law enforcement
activities and all other Garda activities will undoubtedly benefit from these resources coming on stream.
For the Deputy’s information the table sets out the number of Garda members assigned to Divisional
Drugs Units as of 31 December for the years in question, and as of 31 October, in the case of this year.
The Deputy may wish to note that there has been some restructuring of Garda Divisions within An Garda
Síochána within the time period requested and that this is reflected in the tables.
Garda Divisional Drugs Unit Strength 2008
2016 Division 2008 2009 2010 2011 2012 2013 2014 2015 2016 D.M.R.South
Central 22 18 19 16 13 11 19 19 11 D.M.R.North
Central 15 16 15 18 20 13 20 20 19 D.M.R.North 25 31 34 32 31 27 16 25 22 D.M.R.East 10 9 13 15 13 1
3 10 10 9 D.M.R.South 28 26 30 31 3023 17 16 17 D.M.R.West 32 35 36 35 28 26 24 26 21 *Waterford /
Kilkenny 15 Waterford 12 12 10 10 9 5 5 5 Wexford 13 12 12 11 6 4 1 6 6 Kilkenny/Carlow
8 11 8 7 7 5 7 4Tipperary 14 10 10 9 8 7 7 8 9 Cork City 26 25 27 24 26 29 28 15 14 Cork
North 8 8 9 7 9 9 5 5 5 Cork
West 6 5 6 7 5 4 3 4 4 Kerry 11 11 10 10 6 8 10 9 7 Limerick 14 19 22 20 12 11 1214 11 Donegal 8 10 8 1
2 10 10 8 7 7 Cavan/Monaghan 11 10 11 8 5 0 0 0 0 Sligo/Leitrim 8 8 2 7 8 6 8 7 6 Louth 8 6 7 6 7 6 6 6 6
Clare 6 8 9 9 7 6 7 5 5 Mayo 6 6 7 5 5 5 5 5 5 Galway 8 1312 12 11 12 8 12 10 *Roscommon / Galway
East 3 *Longford /
Westmeath 12 Roscommon/Longford 8 7 7 6 7 6 6 6 Westmeath 7 9 9 7 7 6 5 7 Meath 3 10
10 7 64 4 5 5 *Carlow /
Kildare 8 Kildare 5 6 7 2 2 6 7 8 Laois/Offaly 10 10 13 6 3 0 3 0 3 Wicklow 11 11 11 11 3 4
4 4 5 Total 341 357 378 359 304 270 253 258 237
* These Garda Divisions were restructured in with in the period 20082016
13/12/2016WRE02850Legislative Programme13/12/2016WRE02900141. Deputy Michael
Moynihan asked the Tánaiste and Minister for Justice and Equality the name and number of Bills in
preparation in her Department and published by her Department since May 2016; the Stage each Bill is at
in the Houses of the Oireachtas; the number of Bills from her Department signed into law; and if she will
Last year was an extremely productive year on the legislative front with 17 Bills enacted – the highest
number in my Department’s history.
Since the formation of the Partnership Government in May of this year, my Department has published
and progressed a number of important pieces of legislation.
The following Bills were published and signed into law in the period concerned:
Proceeds of Crime (Amendment) Act 2016
Commission of Investigation (Irish Bank Resolution Corporation) Act 2016
Paternity Leave and Benefit Act 2016
The following Bills have been published since May and are making their way through the Houses:
Bill Stage in Houses of the Oireachtas Criminal Justice (Suspended Sentences of Imprisonment) Bill
2016 Completed all Stages in Seanad Éireann. Awaiting Second Stage in Dáil Éireann. Bail Bill
2016 Awaiting Second Stage in Dáil Éireann.Courts Bill 2016 Awaiting Report Stage in Dail Éireann.
I should also make reference to two other pieces of legislation that were previously published but which
remain active. The Criminal Law (Sexual Offences) Bill 2015 has completed Committee Stage in Dáil
Éireann and the Criminal Justice (Offences Relating to Information Systems) Bill 2016 is awaiting
Second Stage in that House.
The Criminal Justice (Victims of Crime) Bill, the Civil Liability (Amendment) Bill, the
Disability/Equality (Miscellaneous Provisions) Bill, the Domestic Violence Bill and the general scheme
of the Independent Reporting Commission Bill will be published imminently.
Over 40 pieces of legislation, at various stages of preparation in my Department and drafting in the Office
of the Parliamentary Counsel, are listed in the Government’s Legislative Programme.
13/12/2016WRE03050Property Services Regulatory Authority Remit
13/12/2016WRE03100142. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and
Equality the steps being taken to ensure the PRSA is in a position to fully meet its statutory requirements
in view of the fact that by its own admission it was unable to do so over the past years; and if she will
The Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012, pursuant
to the Property Services (Regulation) Act, 2011. One of the main statutory functions of the PSRA is the
licensing of Property Service Providers, i.e. auctioneers, letting agents and property management agents.
The Authority is independent in the performance of its functions.
The PSRA experienced some resource challenges in recent years, in common with other public service
bodies, as a result of the moratorium on public service recruitment. During 2016, the Authority was
assigned some additional staff and also availed of external resources in order to get its inspection
functions fully operational. My Department, in consultation with the Authority, is committed to providing
the appropriate and necessary resources to the PSRA into the future, either directly or on a contracted
basis, having regard to pressures on public service staff numbers and competing demands.
13/12/2016WRE03250Asylum Applications13/12/2016WRE03300143. Deputy Bernard J. Durkan asked
the Tánaiste and Minister for Justice and Equality if she will review an appeal in the case of a person
(details supplied) with a view to taking account of all the circumstances in an effort to ensure a fair
resolution and accept this Parliamentary Question as a basis for appeal; and if she will make a statement
on the matter. [40168/16]13/12/2016WRE03400Tánaiste and Minister for Justice and
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, if the
person whose details were supplied has made an application for asylum or subsidiary protection in the
State, the Deputy will be aware that it is not the practice to comment on such applications until they have
fully completed the protection process. This is in accordance with Section 19(1) of the Refugee Act 1996,
as amended which provides for the protection of the identity of protection applicants.
13/12/2016WRE03450Legal Aid Applications13/12/2016WRE03500144. Deputy Willie Penrose asked
the Tánaiste and Minister for Justice and Equality the income eligibility criteria which is applicable to a
person that wishes to apply for legal aid pursuant to the civil legal aid scheme; and if she will make a
statement on the matter. [40190/16]13/12/2016WRE03600Tánaiste and Minister for Justice and
The Legal Aid Board provides civil legal aid and advice under the Civil Legal Aid Act 1995. Section 29
of the 1995 Act provides that a person shall not qualify for legal aid or advice unless he or she satisfies
the requirements in respect of financial eligibility specified in the Act and in regulations made under the
Act.
The eligibility criteria are applicable to the vast majority of applicants that apply for civil legal aid under
the Civil Legal Aid Act 1995. There are a handful of matters for which there are no financial eligibility
criteria and these include:
Legal advice to a complainant in a prosecution for rape and certain other sexual offences
Legal advice to an alleged victim of human trafficking
Legal aid where the State is obliged to provide legal aid under an international instrument
Legal aid for an Applicant in child abduction and foreign maintenance proceedings who is referred by
the respective Central Authority
Legal aid to a complainant in a prosecution for rape and certain other sexual offences for the purposes of
an application under section 4A of the Criminal Law (Rape) Act 1981
Legal services provided as part of Abhaile, the Government’s Mortgage Arrears Resolution Service, to a
person who satisfies the criteria for admission to that scheme.
Conveyancing (for which legal services are only provided where legal aid has already been provided to
the person in relation to a connected matter)
For all other matters the financial eligibility criteria is provided for under the Civil Legal Aid Regulations
1996 to 2016 and in particular Regulations 13 to 21 of same. These provide that a person whose
disposable income exceeds €18,000 shall not be financially eligible for legal services. A person’s
disposable income is calculated by reference to their gross income less certain deductions prescribed in
the Regulations. In calculating a person’s gross income certain social welfare payments, namely Child
Benefit, Carer’s Benefit, Carer’s Allowance, Domiciliary Care Allowance, Foster Care Allowance and
Guardians Payment will not be taken into account. A disregard of €20 per week will be applied to income
received from a child of the applicant residing with the applicant.
The deductions which will be made from gross income in order to calculate disposable income are:
A deduction of €3,500 in respect of the applicant’s spouse or partner; or alternatively a deduction of up
to €3,500 of maintenance payments made for the benefit of the Applicant’s (former) spouse, in respect of
an applicant who is separated or divorced;
A deduction of €1,600 for each of the applicant’s dependent children; or alternatively a deduction of up
to €1,600 per child in respect of maintenance payments made for the benefit of children of the applicant
who do not live with the applicant;
Deductions equivalent to the amount of all of the applicant’s Income Tax, PRSI, and USC payments for
the next twelve months;
A deduction of up to €8,000 equivalent to the applicant’s annual payments towards their mortgage or
rent;
A deduction of up to €6,000 per child for the applicant’s childcare expenses, where the applicant is
working;
A deduction equivalent to all of the applicant’s Public Service Pension Related Deduction payments for
the next twelve months, in respect of an applicant employed in the Civil or Public Service or who is
otherwise required under the provisions of the Financial Emergency Measures in the Public Interest Act
2009 to pay PRD.
In certain circumstances the Board will aggregate the applicant’s spouse/partner’s income with that of the
applicant. It should be noted that such circumstances are rare and in practice are applied only where the
Board deems the spouses to have a common interest in the outcome of the proceedings. In this regard it
should be noted that over 80% of the cases taken on by the Board are in the area of family law.
The Board has a policy role in relation to the provision of civil legal aid and periodically it brings
proposals to my Department in relation to the financial eligibility and other criteria in relation to civil
legal aid. I understand that the Legal Aid Board are to consider making proposals in relation to revising
the financial eligibility criteria for civil legal aid early in 2017.
13/12/2016WRE03650Garda Stations13/12/2016WRE03700145. Deputy Marc MacSharry asked
the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that an
independent engineers report has condemned the existing Garda station in Sligo town. [40198/16]
13/12/2016WRE03800146. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and
Equality if her attention has been drawn to the fact that on arrest prisoners in County Sligo must be taken
to the south County Sligo Garda station of Ballymote as the prisoner facilities in Sligo town have been
condemned. [40199/16]13/12/2016WRE03900Tánaiste and Minister for Justice and
The Deputy will appreciate that the Office of Public Works has the primary responsibility for the
provision and maintenance of Garda accommodation and works closely with the Garda authorities in this
regard.
I am aware that a number of significant fire, health and safety issues were identified at Sligo Garda
station and I am assured that local Garda management and the Office of Public Works are working
closely to address these issues. I understand that specific functions carried out at Sligo Garda Station are
to be relocated to external accommodation to allow for a reconfiguration of the station to meet the needs
of front line operational personnel and to address the health and safety concerns. In this context, I am
informed that An Garda Síochána and OPW are working closely to settle the requirements for the external
accommodation that has been sourced.
An Garda Síochána and the OPW are also working closely to identify how the existing Garda Station at
Sligo should be reconfigured and I am informed that this reconfiguration will require refurbishment
works in areas such as the public office, custody management facilities and welfare facilities for the
station party. It is obviously important that the custody facilities meet standards that ensure the proper
treatment of persons in custody.
In addition, a number of short term measures to address and improve the accommodation situation at the
station have taken place this year, including works to fully refurbish toilets and to replace the kitchen with
an industrial standard facility.
While steps are being taken to address the particular issues that have arisen in relation to the existing
station, the Deputy will be aware that, in the longer term, a new station is to be built in Sligo as part of the
Garda Síochána’s Building and Refurbishment Programme 2016 – 2021.
13/12/2016WRE03950Departmental Staff Redeployment13/12/2016WRE04000147. Deputy Marc
MacSharry asked the Tánaiste and Minister for Justice and Equality if she will provide all examples of
entire units that have been recentralised to Dublin from within her Department; her Department’s
rationale for such moves; and if Cabinet approval was sought and given in each case. [40480/16]
As the Deputy will be aware, the decentralisation programme was initiated in 2003 and a number of areas
of my Department were regionalised as part of that programme. None of these units have since been
recentralised in their entirety back to Dublin.
In November 2014, the Equality Authority merged with the Irish Human Rights Commission to form the
Irish Human Rights and Equality Commission. At the time of the merger, staff of the Equality Authority
were based in both Dublin and Roscrea. Upon the merger of the two organisations, the 12 staff based in
Roscrea were reassigned to undertake other functions of the Department. The 14 staff based in Dublin
were transferred to the new Irish Human Rights and Equality Commission which is based in Dublin.
13/12/2016WRE04150Revenue Commissioners13/12/2016WRE04200148. Deputy Gerry Adams asked
the Minister for Finance if his attention has been drawn to any changes to the public opening hours or
services provided in the Revenue Commissioners’ offices, Millennium Centre, Dundalk; and if he will
make a statement on the matter. [40007/16]13/12/2016WRE04300Minister for Finance (Deputy Michael
Noonan):
I am advised by Revenue that no changes have been made to the public opening hours at their offices in
the Millennium Centre, Dundalk.
An additional facility is now available for the benefit of customers whereby a specific appointment can be
made in advance of attending the office. This will eliminate any time delays for customers in queueing
especially at busy periods.
13/12/2016WRE04350Tax Reliefs Eligibility13/12/2016WRE04400149. Deputy Paul Kehoe asked
the Minister for Finance the rationale behind refusing the rental income tax relief for the owner of lands
to their sibling or spouse’s sibling once a bona fide lease exists and rent is agreed at the current market
value; his plans to alter this exemption in order that if all conditions are adhered to, apart from the
relationship point, this relief could be made available; and if he will make a statement on the
matter. [39387/16]13/12/2016WRE04500Minister for Finance (Deputy Michael Noonan):
Section 664 of the Taxes Consolidation Act 1997 provides relief from income tax for certain income from
the longterm leasing of agricultural land. The relief is available, subject to a maximum limit, where farm
land is leased to a qualifying lessee for a period of 5 years or more. In order to qualify for the purpose of
the relief, the lessee must not be connected with the lessor or with any of the lessors if there is more than
one. The rules for establishing whether or not persons are connected are laid down by section 10 of the
Taxes Consolidation Act 1997. Effectively this means that a lessor is not entitled to relief where the land
is let to family members or family members of their spouse or civil partner.
The restriction on the availability of the relief in relation to leases to closely connected relatives is a
standard antiavoidance measure without which the relief would be potentially open to abuse, for example
with the passing back to the lessee of rent on which tax relief had been claimed. This would not arise
on transactions made at arm’s length.
I would also point out that there are reliefs from stamp duty and capital acquisitions tax available in the
case of permanent transfers of land between family members, such as by gift or sale. I also introduced
succession farm partnerships in Finance Act 2015, which will be commenced in early 2017, to assist
succession planning and the transfer of farms between family members.
13/12/2016WRE04550NAMA Portfolio13/12/2016WRE04600150. Deputy Barry Cowen asked
the Minister for Finance the percentage of total available development land in which NAMA has a
financial interest in each of the ten strategic development zones. [39439/16]
13/12/2016WRE04700Minister for Finance (Deputy Michael Noonan):
As the Deputy will be aware, NAMA does not directly own or manage properties. NAMA has acquired
loans and its role is that of a lender with claims over security for its loans, like a bank, rather than a
property owner or lessor. In that capacity, NAMA holds security over properties that are owned by its
debtors or, in the case of enforcement, which are managed on behalf of those debtors by duly appointed
insolvency practitioners.
I am advised that, through its debtors and receivers, NAMA has an interest in lands in five of the 10
Strategic Development Zones, as set out in the table.
In particular, the Deputy will be aware of the significant office and commercial development that is being
carried out in the Grand Canal and North Lotts (Dublin Docklands) SDZ, where NAMA currently holds
an interest in 63% of the developable land area of 22 hectares. A key NAMA objective is to facilitate the
delivery of Grade A office accommodation in the Dublin Docklands SDZ. NAMA expect that this will
deliver up to 4m sq. ft. of office space and 2,000 apartments, which I am sure will prove hugely attractive
to Foreign Direct Investment (FDI) and domestic businesses. I am advised that, to date, construction has
commenced on over a third of the lands controlled by NAMA debtors or receivers, with planning
permission granted on a further 22%.
In addition, the Deputy will be aware that in May 2016, the Minister for Housing, Planning, Community
and Local Government, Deputy Simon Coveney TD, designated 34 acres of land in the Poolbeg peninsula
as an SDZ. Currently Dublin City Council is in the process of preparing a Planning Scheme for the
Poolbeg SDZ which will ultimately be submitted for approval to the elected members of Dublin City
Council. The Poolbeg SDZ is expected to have the potential to deliver up to 3,000 homes, along with
commercial and retail development. However, this will be dependent on the provision of essential
infrastructure to improve access links to the area. NAMA, through its receivers, has an interest in 15
hectares of land within the Poolbeg SDZ.
The table summarises the position:
SDZ % of total developable land (by volume) within each SDZ in which NAMA has an
interestCherrywood 3.2% Clonburris 12% Poolbeg West 44% Hansfield 9% North Lotts and Grand Canal
Dock 63%
13/12/2016WRF0010013/12/2016WRF00200Departmental Expenditure
13/12/2016WRF00300151. Deputy Niall Collins asked the Minister for Finance the total photography
costs for his Department per annum since March 2011, inclusive of costs incurred from use of the
ministerial allowance in tabular form; the occasions for which photographers were booked; the
photographers used; the breakdown of costs associated with each occasion that a photographer was used;
if there is a policy regarding the booking of photographers within his Department; and if he will make a
statement on the matter. [39470/16]13/12/2016WRF00400Minister for Finance (Deputy Michael
Noonan):
In response to the Deputy’s question the total photography costs for my Department and the details of the
occasions on which photographers were used since March 2011 are contained in the following table:
Photography Costs
Year List of OccasionsPhotographer Used Cost € Total Cost per annum 201 1 Signing of Taxation
agreement with Germany Engaged on 31st March, 2011 Maxwell Photography
Ltd 400.21 400.21 2012 Signing ceremony for Double Taxation Agreement with Uzbekistan Engaged on
11th July, 2012 Maxwell Photography Ltd 147.60 432.65 2012 Signing ceremony for Double Taxation
Agreement with Switzerland: Minister of State Hayes and the Swiss Ambassador Engaged on 26th
January, 2012 Maxwell Photography Ltd 285.05 2014 Department of Finance graduation ceremony for the
Diploma in Taxation Policy and Practice, the Diploma in Project Management, and the Refund of Fees
attended by Minister Noonan Engaged on 3rd September, 2014 Maxwell Photography
Ltd 510.75 510.75 2015 Irish Institute of Training and Development (IITD) award to Department of
Finance for “Best Learning and Development Organisation”: 2 staff members Engaged on 6th March,
2015 by IITD Events Portraits Ltd 95.75 558.28 2015 Department of Finance Learning and Development
Recognition of Awards Ceremony, attended by Minister Noonan Engaged on 29th October, 2015 Maxwell
Photography Ltd 462.53 2016 Irish Institute of Training and Development (IITD) award photo 26th
February, 2016 Brendan Lyon Photography 105.00 105.00
For the sake of completeness, the Deputy may also wish to note that photographic training was supplied
by the Gallery of Photography ADS Studio to a staff member during 2016 at a cost of €200.
The Department’s policy regarding the booking of photographers is to follow the relevant public
procurement guidelines and procedures.
13/12/2016WRF00500Consultancy Contracts Data13/12/2016WRF00600152. Deputy Niall
Collins asked the Minister for Finance the external consultant reports commissioned by his Department
since March 2011 per annum in tabular form; the costs per report; the company involved; the title of the
report; and the publication date. [39486/16]13/12/2016WRF00700Minister for Finance (Deputy Michael
Noonan):
The information requested by the Deputy in relation to external consultant reports commissioned by my
Department since March 2011 is listed in the following table:
Year External Consultant Report Name Cost Published 2016 Review of Corporation Tax Code Seamus
Coffey Review ongoing Review ongoing 2016 SME Lending Survey October 2015 March 2016 Red
C €58,979.00 Published June 2016** 2015 Review of Local Property Tax Dr Don Thornhill NilPublished
October 2015 2015 Tax breaks and the residential property market ESRI €30,677.43 Published October
2015 2015 Spillover analysis of the effects of the Irish tax system on the economies of developing
countries IBFD €94,678.00 Published October 2015 2015 Review of marine
taxation Indecon €106,887.00 Published October 2015 2015 SME Lending Survey May 2015 October
2015 Red C €58,979.00 Published September 2015** 2015 Assessment of special regeneration areas for
the Living City Initiative John Martin €2,500.00 Not published. Used as input to the decisions made on the
special regeneration areas. The details of these areas were published when the Living City Initiative was
launched. 2015 The provision of a review of the current Health and Safety Arrangements within the
Department of Finance and the Department of Public Expenditure and Reform. The final objectives are to
update the Health and Safety Management Systems within both Departments in order to build on existing
Health and Safety culture and practices within both Departments Antaris Consulting €16,113.00 Not
published. Internal Health & Safety report only. While the Department of Finance is the client the service
is being provided to both the Department of Finance and the Department of Public Sector and
Reform. 2015 SME Lending Survey November 2014 April 2015 Red C Research & Marketing
Ltd €58,978.50 Published April 2015** 2014 Cost benefit analysis of Irish Agritaxation measures and
international benchmark against other Agritaxation incentives Indecon €103,689.00 Published October
2014 2014 Effective rates of corporation tax in Ireland Seamus Coffey €4,900.00 Published April
2014 2014 Importance of tax policy in the location choices of multinationals ESRI €30,750.00 Published
October 2014 2014 Research Programme on funding for Small, Medium
Enterprises ESRI €122,833.96 Published October 2014 2014 The historical development and
international context of the Irish corporate tax system Ernst & Young €6,150.00 Published October
2014 2014 SME Lending Survey AprilOctober 2014 Red C Research & Marketing
Limited €58,978.50 Published November 2014** 2014 SME Lending Survey OctoberMarch 2014 Red
C Research & Marketing Limited €58,978.50 Published June 2014** 2014 Review of existing facilities
management processes MKF Property Services €28,720.50 Published June 2014 2013 Assistance and
Analysis in the Preparation of the MediumTerm Economic Strategy 20142020 PMCA Economic
Consulting €49,043.00 Not published. It was commissioned to provide evidencebased economic
analysis as an input to the MTES. This analysis is reflected in the text of the MTES. 2013 Spatial
Development Patterns Implications for the Medium Term Economic Strategy (MTES) ESRI €4,624 Not
published. Used as input to MTES and analysis is reflected there. 2013 Report to Department in respect of
a survey of R&D Active Companies 2013 Crowe Horwath €36,850.80 Published 2013 Ex ante cost benefit
analysis of proposed Living City Initiative Indecon €28,290.00 Published 2014 Reviews into Mortgage
Servicing Citibank Europe plc €0.00 Cancelled 2013 SME Lending Survey OctoberMarch 2013 Red C
Research & Marketing Limited €59,593.50 Published** 2013 SME Lending Survey AprilSeptember
2013 Red C Research & Marketing Limited €58,978.50 Published** 2013Remuneration Review of
Covered Institutions Mercer (Ireland) Limited €146,370.00 Published 2012 External Review of the
Compilation of General Government Debt Statistics Deloitte & Touche € 61,553.00 Published 2012 (a)
Survey of audiovisual producers (b) Review on international review of audiovisual state supports BDO
and Amarach €64,575.00 Published 2012Assessment of Credit Review Office Grant
Thornton €31,807.80 Published 2012 SME Lending Survey OctoberMarch
2012 Mazars €60,885.00 Published** 2011 SME Lending Survey AprilSeptember
2011 Mazars €52,453.50 Published** 2012 SME Lending Survey AprilSeptember 2012 Red C Research
& Marketing Limited €61,438.50 Published** 2011 Acquisition by AIB of EBS Building Society Charles
River Associates €50,000.00 Published 2011 Mortgage arrears report commissioned to feed into
Government strategy ARAM International Partners €100,000 Not published. It informed the deliberations
of the Keane Group and fed into the Keane Report on Mortgage Arrears.
**Reimbursed by AIB & Bank of Ireland
The Deputy may wish to note that the list does not include research outputs under the joint Macro
economy and Taxation research programme between the Department of Finance and the Economic and
Social Research Institute (ESRI).
In order to comply with the Department’s safety, health and welfare at work obligations the Department
also commissioned a number of assessments/audits over the period and will forward the details of these to
the Deputy if required.
Finally, the Deputy may also wish to note that the response does not capture expert witness
statements/evidence/reports which were commissioned for the purposes of providing evidence to the
courts and would never have been intended for publication but would instead be exhibited to the courts.
13/12/2016WRF00800Public Relations Contracts Data13/12/2016WRF00900153. Deputy Niall
Collins asked the Minister for Finance the details of the use of external public relations firms employed
by his Department per annum since March 2011 in tabular form; the list of uses of the external public
relations firm; the internal Department policy with regard to employing external groups; and if he will
make a statement on the matter. [39502/16]13/12/2016WRF01000Minister for Finance (Deputy Michael
Noonan):
I take it that the Deputy is referring solely to external public relations and not to advertising that would be
incurred by my Department in the normal course of business, such as entries into telephone directories,
the placing of advertisements in national newspapers, recruitment advertising, etc.
The use of external public relations firms in respect of my Department since March 2011 is outlined in
the following table:
Year Commenced Use of External Public Relations Firms Public Relations Firm 2015 Following the
Government decision of 13 May 2015 on mortgage arrears, my Department was asked to coordinate the
development and implementation of a communications strategy around the Governmentfunded and other
available supports for borrowers in arrears. The duration of the contract was from October 2015 until June
2016. Responsibility for the mortgage arrears publicity campaign now rests with the Abhaile Mortgage
Arrears Resolution Service. Carr Communications was the successful tenderer following a public
procurement exercise advertised on Etenders. 2015 Under the Action Plan for Jobs 2015, action 110
required an “advertising campaign to leverage support for and drive utilisation of the Supporting SMEs
Online Tool and increase awareness of the existence of State supports for business.” This advertising
campaign was coordinated by the SME Communications Group a subgroup of the SME State Bodies
Group which is chaired by my Department. ICAN was the successful tenderer following a public
procurement exercise. 2016 As part of a range of competition measures agreed with the European
Commission under their respective EURestructuring plans AIB and Permanent TSB are required to
provide funding to a public awareness campaign (such campaign to be facilitated by Ireland through an
appropriate state body) to raise awareness and promote customer switching. As such my Department are
currently managing a contract for the provision of Research, Design and Media Buy Services (Public
awareness and customer switching campaign) in retail banking markets. This is being funded in its entirety
by the two banks. Language Communications Ltd was appointed as Prime Contractor for this campaign
following a public procurement competition advertised on Etenders and the Official Journal of the EU.
The Department’s policy regarding employing external groups is to follow the relevant public
procurement rules and procedures.
13/12/2016WRF01100Fiscal Policy13/12/2016WRF01200154. Deputy Thomas P. Broughan asked
the Minister for Finance the way in which the recent EU Commission decision on the fiscal rules
objectives debttoGDP ratios will impact on his fiscal plans for 2017; and if he will make a statement on
the matter. [39520/16]13/12/2016WRF01300Minister for Finance (Deputy Michael Noonan):
As I am not aware of any recent decisions from the EU Commission changing the debt to GDP objectives
under the Stability and Growth Pact, I’m assuming the Deputy is referring to the recent draft Council
recommendation on the economic policy of the euro area (COM(2016) 726 final) proposed by the
European Commission.
For the euro area as a whole, the Commission suggests that in order to strengthen economic recovery, a
fiscal expansion of up to 0.5% of GDP at the level of the euro area as a whole in 2017 is desirable.
I would point out that several Member States have questioned firstly, the legal basis for the Commission’s
recommendation and secondly, the appropriateness of such a policy. In this regard, the draft
recommendation has not yet been formally adopted.
The recommendation notes the need for appropriate differentiation of fiscal effort depending on the
Member State’s position with regard to the requirements under the Stability and Growth Pact as set out
below:
“(i) for Member States which are overachieving their fiscal objectives, use their fiscal space to support
domestic demand and quality investments, including crossborder ones, as part of the Investment Plan for
Europe;
(ii) for Member States that need further fiscal adjustments under the preventive arm of the Pact, make
sure to be broadly compliant with the requirements of the Stability and Growth Pact;
(iii) for Member States under the corrective arm, ensure a timely correction of their excessive deficits,
including by providing fiscal buffers against unforeseen circumstances. Improve the composition of
public finances by creating more room for tangible and intangible investment and ensure the effective
functioning of national fiscal frameworks.”
The recommendation stops short, however, of advocating specific loosening by respective Member States
to support the 0.5% of euro area GDP looser fiscal stance.
Ireland falls into category (ii) and the euro area recommendation emphasises that is essential that Member
States that need further fiscal adjustment under the preventive arm remain broadly compliant with the
Stability and Growth Pact.
Government policy is to utilise the fiscal space available to Ireland under the rules and this is reflected in
Budget 2017 and approved in the 16th November Commission Opinion.
13/12/2016WRF01400Exchequer Returns13/12/2016WRF01500155. Deputy Thomas P. Broughan asked
the Minister for Finance if he now expects the Exchequer outturn for 2016 to be in line with his October
budget predictions; and if he will make a statement on the matter. [39521/16]
13/12/2016WRF01600Minister for Finance (Deputy Michael Noonan):
Based on the recent endNovember Exchequer Returns, we are currently on track to achieve our Budget
2017 forecast in respect of the Exchequer outturn for 2016. As the Deputy will be aware, an overall
Exchequer deficit of c. €1.4 billion is projected for this year.
In relation to our revised tax revenue forecast for 2016 of €48.1 billion, the position at endNovember
was that approximately 93 per cent of our overall targeted tax receipts had been collected, which is very
much in line with expectations. By way of contrast, 92 per cent of overall taxes were collected in the
corresponding period last year.
It is also worth pointing out that at endNovember, c. 87 per cent (€49.1 billion) of the overall projected
gross voted expenditure for 2016 had been issued. By comparison, at endNovember 2015, approximately
88 per cent (€48.2 billion) of the overall gross voted allocation had been issued.
Finally, it should be noted that the other components of the Exchequer are broadly in line with
expectations at endNovember 2016. However, it is important to point out that assuming expenditure
comes in on target, a strong tax revenue performance will be required this month in order to ensure that
overall Exchequer 2016 target is attained.
13/12/2016WRF01700Revenue Commissioners13/12/2016WRF01800156. Deputy Michael
McGrath asked the Minister for Finance if the Revenue Commissioners have launched a review of tax
opinions issued to multinationals; the number of tax opinions which have been provided to the European
Commission’s state aid directorate in recent years; the period covered by those opinions; and if he will
make a statement on the matter. [39527/16]13/12/2016WRF01900Minister for Finance (Deputy Michael
Noonan):
I am informed by Revenue that Revenue has updated its guidance to confirm that opinions issued to
taxpayers, whether multinational companies or other taxpayers, will remain valid for a maximum period
of five years. If a taxpayer wishes for a confirmation to continue after that time, an application for a
renewal or extension must be made. It has always been the case that an opinion will only remain valid for
so long as the facts and circumstances on which it is based continue to exist and the relevant legislation
and practice remains in place.
Revenue has confirmed that it has begun reviewing a number of opinions that were provided more than
five years ago.
In response to a request for information from the European Commission, in the context of its State Aid
enquiries into ruling practices in different Member States, Ireland provided the Commission with details
of opinions provided to over 300 companies, including all opinions issued in the years 2010, 2011 and
2012 on a range of issues.
13/12/2016WRF02000Banking Sector Data13/12/2016WRF02100157. Deputy Michael McGrath asked
the Minister for Finance the number and value of business loans that are now owned by unregulated non
bank lenders; and if he will make a statement on the matter. [39529/16]13/12/2016WRF02200Minister
for Finance (Deputy Michael Noonan):
I have been informed by the Central Bank that it does not publish data on this basis. However, the SME
Credit Demand Survey, conducted on behalf of the Department, monitors the credit requirements of
SMEs. The latest published survey indicates that demand for nonbank finance for SMEs is considerably
lower than bank finance. For the period October 2015 to March 2016, the survey indicates that seven
percent of SMEs sought nonbank finance, this represented a reduction of three percentage points on the
previous period.
The Government remains committed to the SME sector, as reflected in the Programme for a Partnership
Government, and sees it as a key engine of ongoing economic growth. Consequently, my Department and
the Credit Review Office, working with the other relevant Departments and Agencies, will continue to
monitor the availability of both bank and nonbank credit on both a macro and sectoral basis in order to
ensure that sufficient access to finance is available to facilitate participants in the SME sector to reach
their full potential in terms of growth and employment generation. In this context, the Action Plan for
Jobs 2016 includes a dedicated chapter and associated integrated set of actions to support the financing
for growth in the SME sector.
13/12/2016WRF02300Mortgage Repayments13/12/2016WRF02400158. Deputy Michael McGrath asked
the Minister for Finance the maximum age of the borrower that the mortgage repayment period may be
extended to in relation to the restructuring of a residential mortgage between a borrower and a lender; the
number and value of such mortgage restructurings in which the repayment period has been extended to at
least 70 years of age; and if he will make a statement on the matter. [39530/16]
I am informed by the Central Bank that their internal guidelines on “Sustainable Mortgage Arrears
Solutions” specify that an age limit above 70 years can apply to mortgage restructure arrangements where
there is appropriate evidence to support it. With regard to the sustainability of solutions to address
mortgage arrears, the guidelines obligate the lender, in circumstances where a borrower subject to a
compulsory retirement age is seeking a term extension beyond that term, to conduct an assessment with a
view to providing evidence to demonstrate that the borrower can service the revised loan repayments to
maturity on an affordable basis. An overall ceiling of 70 years of age will apply for the Central Bank to
consider a term extension sustainable unless such evidence of affordability for loan repayments to
maturity is available.
The Deputy will be aware that the Central Bank publishes quarterly bulletins on Residential Mortgage
Arrears and Repossessions Statistics which provides the number and value of accounts categorised as
restructured, including information on term extensions. The latest bulletin was released on 12th
December. The Central Bank does not, however, publish restructuring information broken down by age
characteristics. It is not possible, therefore, to provide the numerical breakdown of mortgage
restructurings for mortgages that have been extended to at least 70 years sought by the Deputy.
Finally, it is worth noting that Mortgage Arrears and Repossessions data released by the Central Bank for
quarter 32016 provided further evidence that progress is being made in addressing mortgage arrears,
with the number of PDH mortgage accounts in arrears continuing to fall for the 13th consecutive quarter.
In addition, over 121,000 PDH mortgage accounts were classified as restructured, of which 88% were
deemed to be meeting the terms of their restructure arrangement. This shows that where a borrower
actively engages with their lender with a view to agreeing a sustainable arrangement to address their
mortgage arrears, it is more likely that an equitable arrangement will be found and that borrower will be
able to remain in their family home.
13/12/2016WRF02600Central Bank of Ireland Supervision13/12/2016WRF02700159. Deputy Michael
McGrath asked the Minister for Finance the number and value of car finance arrangements known as
personal contract plans entered into for each year since 2012; the role of the Central Bank in terms of the
regulation of these financial products; and if he will make a statement on the matter. [39531/16]
Personal Contract Plans are in effect a type of hirepurchase agreement and my Department does not
collate statistics on the number and value of such plans that are entered into.
The Consumer Credit Act, 1995, applies to the provision of hirepurchase agreements. Both the Central
Bank and the Competition and Consumer Protection Commission (CCPC) have certain functions and
legal powers in relation to the regulation of hirepurchase agreements.
While hirepurchase providers are not required to be authorised by the Central Bank, they are subject to a
number of legislative and regulatory requirements supervised by the Central Bank and listed in Schedule
2 to the Central Bank Act 1942. In addition, to the extent that an entity is a ‘regulated financial service
provider’, the powers in the Central Bank (Supervision and Enforcement) Act 2013 and the
administrative sanctions procedure will apply.
If the Central Bank has a concern in relation to the form and content of hirepurchase agreements, it can,
after obtaining the consent of the Minister for Finance, make regulations in respect of the form and
content of hirepurchase agreements under Section 60 of the Consumer Credit Act, 1995. Section 28 of
the 1995 Act also allows the Central Bank to make regulations amending the relevant sections of the Act
covering the form and/or content of advertisements. Furthermore, the Central Bank has a power under the
Consumer Credit Act, 1995, to apply to the courts to require a person to cease breaching the CCA.
Any intermediary who is arranging credit for a consumer is acting as a credit intermediary and an
intermediary arranging such credit must seek authorisation from the CCPC to act as a credit intermediary.
A list of authorised credit intermediaries is available on the CCPC website.
13/12/2016WRF02900Tax Code13/12/2016WRF03000160. Deputy Peter Fitzpatrick asked the Minister
for Finance if he will consider delaying the proposed new treatment of dwelling house relief from capital
acquisitions tax, CAT, to 1 November 2019 to allow those persons that have already put arrangements in
place under the old system not be penalised; and if he will make a statement on the matter. [39545/16]
The Finance Bill 2016 has been passed by Dáil Éireann and is currently being considered by the Seanad.
In Section 52 of the Bill, I have provided for an amendment to section 86 of the Capital Acquisitions Tax
Consolidation Act 2003, the section that provides an exemption from capital acquisitions tax on the
inheritance or gift of a dwelling house in certain circumstances. I consider that this particular relief has
lost focus since its introduction because of changes made to how it operates over the years. The purpose
of my amendment is to realign the exemption with its original policy objective i.e. to alleviate the
hardship of an inheritance tax liability for a person who inherited a house in which he or she had been
living with the deceased and to ensure that the person did not have to sell the house to pay the tax
liability. The changes I have proposed will have two principal effects.
Firstly, the dwelling house exemption will only be available for inheritances. With one exception, it will
no longer be possible to receive a taxfree gift of a dwelling house. The exception will be where a person
gifts a dwelling house to a dependent relative. For this purpose, a dependent relative is a direct relative of
the donor, or of the donor’s spouse or civil partner, who is permanently and totally incapacitated because
of physical or mental infirmity from maintaining himself or herself or who is over the age of 65.
Secondly, the inherited dwelling house must have been the deceased person’s principal private residence
at the date of his or her death. This requirement will be relaxed in situations where the deceased person
had to leave the house before the date of death because of ill health; for example, to live in a nursing
home.
If my amendment is accepted by the Oireachtas and enacted in the Finance Bill, it will take effect from
the date of enactment. There will not be any provision for transitional arrangements for those people who
may have already acquired a dwelling house for another person to live in with the intention of making a
gift of the house to that person when the required threeyear period of occupation comes to an end. As the
provision was intended to alleviate hardship it is not my intention to delay the introduction of the new
arrangements to facilitate individuals who intended to make use of the previous arrangements to avoid
tax.
13/12/2016WRF03200Ministerial Correspondence13/12/2016WRF03300161. Deputy John Brady asked
the Minister for Finance if he has used any private unsecured email accounts for official business; and if
he will make a statement on the matter. [39584/16]13/12/2016WRF03400Minister for
Finance (Deputy Michael Noonan):
In response to the Deputy, I wish to advise that I do not use any private unsecured email accounts for
official business.
13/12/2016WRF03500Tax Code13/12/2016WRF03600162. Deputy Pearse Doherty asked the Minister
for Finance if dividend withholding tax, DWT, is exempted under tax legislation, Revenue
Commissioners guidance and the IrelandMalta double tax treaty, in the circumstances in which the
recipient of the dividend, shareholder 29.9%, is a Maltese tax resident shareholder with a 29.9%
shareholding in the Irish resident company that is quoted on the Irish Stock Exchange (details supplied);
and if he will make a statement on the matter. [39635/16]13/12/2016WRF03700163. Deputy Pearse
Doherty asked the Minister for Finance if DWT is exempted under tax legislation and Revenue
Commissioners guidance in the circumstances in which the recipient of the dividend, shareholder 15%, is
an Irish investment fund that is regulated by the Central Bank with a 15% shareholding in the Irish
resident company that is quoted on the Irish Stock Exchange (details supplied); and if he will make a
statement on the matter. [39636/16]13/12/2016WRF03800164. Deputy Pearse Doherty asked the Minister
for Finance if DWT is exempted under tax legislation and Revenue Commissioners guidance in the
circumstances in which the recipient of the dividend, shareholder 15%, is an Irish limited company with a
15% shareholding in the Irish resident company that is quoted on the Irish Stock Exchange (details
supplied); and if he will make a statement on the matter. [39637/16]13/12/2016WRF03900Minister for
The primary purpose of Dividend Withholding Tax (DWT) is to collect tax at source from dividend
payments and other distributions made by Irish resident companies to Irish resident individuals who are
chargeable to income tax on such distributions (with a credit allowed for DWT deducted).
The legislation dealing with DWT, which is contained in Chapter 8A of Part 6 of the Taxes Consolidation
Act 1997, provides for a number of exemptions from the requirement to operate DWT. These statutory
exemptions apply where the recipient of a dividend from an Irish resident company would not be subject
to Irish tax in respect of that income. In those cases, if exemptions from DWT were not available, any
DWT deducted would have to be refunded. Deducting DWT in cases where there is no liability to Irish
tax on the dividend income would result in an unnecessary burden for the recipient of the dividend, with
no net additional yield to the Exchequer.
A dividend paid by an Irish resident company to another Irish resident company is not subject to
corporation tax in the hands of the recipient company on the basis that the profits from which the
dividend is paid will already have been subject to corporation tax in the hands of the paying company.
Therefore, Irish tax legislation does not require DWT to be applied in respect of dividends paid by one
Irish resident company to another. In circumstances where the paying company is not a ‘51% subsidiary’
of the company in receipt of the dividend, the exemption from DWT is not automatic and must be
established by means of an appropriate declaration of entitlement to exemption completed by the
applicant company.
DWT also does not apply where a dividend is paid by an Irish resident company to a shareholder that is a
collective investment undertaking such as an investment fund regulated by the Central Bank. In order for
the exemption to apply the collective investment undertaking must make an appropriate declaration of
entitlement to the exemption.
Certain nonresident persons, who are not chargeable to tax in respect of the dividend income concerned,
are also specifically exempted from DWT under the legislation. An individual shareholder who is resident
in a country with which Ireland has a double tax treaty, such as Malta, and who is neither resident nor
ordinarily resident in the State, is exempt from income tax, under Irish tax legislation, in respect of
dividends received from an Irish resident company. Similarly, the individual would also be exempt from
DWT in respect of such dividends provided he or she makes an appropriate declaration confirming
entitlement to the exemption.
13/12/2016WRF04000Tracker Mortgage Data13/12/2016WRF04100165. Deputy Jim Daly asked
the Minister for Finance further to his written request to the Governor of the Central Bank on 9 July 2015
to provide him with information in respect of the number of mortgages that were switched from a tracker
to a variable rate since 2008 to date, if he will now confirm this figure or provide the reason for this
information not being available as per his written request; and if he will make a statement on the
matter. [39726/16]13/12/2016WRF04200Minister for Finance (Deputy Michael Noonan):
I note that the Deputy previously raised this matter in a Topical Issues Debate in July 2015 and
subsequently in Parliamentary Question 34323/15 in October 2015. The Central Bank has also
written to the Deputy on this subject and the Central Bank has informed me that the position as outlined
in its letter of July 2015 still stands.
However, as the Deputy is aware, the Central Bank has commenced an industry wide examination of
tracker mortgage related issues covering among other things transparency of communications with and
contractual rights of tracker mortgage customers. The Tracker Mortgage Examination is a key priority for
the Central Bank and it continues to challenge lenders to ensure that progress is being made and fair
outcomes are being achieved for customers.
The review is currently ongoing and while all lenders are currently in the process of carrying out their
internal reviews it is important to note that some lenders may have their internal reviews completed
sooner than others depending on the size of their mortgage books and the complexities associated with
them completing the Examination.
As groups of impacted customers are identified, in the first instance the lender must stop charging the
incorrect rate of interest on the customer’s account and then communicate this to the customer to ensure
that any further customer detriment is stopped as early as possible.
Once a full review of the customer’s account is complete, following external independent third party
assurance, the lender will then issue a letter to the customer explaining the nature of the error, the correct
rate to apply to the customer’s account and information on the next steps in the Examination, including
the redress and compensation process.
The Central Bank will provide an update on progress on the Examination before the year end and it has
indicated that it can provide a copy of this update to the Deputy.
13/12/2016WRF04300Tax Code13/12/2016WRF04400166. Deputy Brendan Ryan asked the Minister for
Finance the way in which Irish and international artists performing at major concert venues such as Croke
Park, the Aviva Stadium, the 3Arena and so on are treated for tax purposes; and if he will make a
Noonan):
I am informed by Revenue that Irish resident artistes are taxable in Ireland on their worldwide income.
Artistes who are not resident in the State for tax purposes have a liability to Irish tax on income arising
from the exercise of their profession in the State. However, because foreign resident artistes merely have
a transitory presence in the State, there are numerous practical difficulties associated with enforcing such
a liability. For example, the vast majority of nonresident entertainers do not file an Irish tax return and
there is therefore no effective mechanism to quantify the potential tax exposure of such entertainers on
the income related to their Irish performances and to collect any tax owing. Similarly, an alternative
system which would impose an obligation on paying agents to deduct tax from payments made to foreign
entertainers and account for the tax to Revenue, would also present many difficulties such as the
requirement to identify the paying agent, in order to enforce collection, as well as placing a costly
compliance burden, both on Revenue and the nonresident artistes and paying agents. Imposing tax
therefore would be administratively cumbersome relative to the potentially small prospective yield and
would also undoubtedly discourage some artistes from performing in the State.
I can however advise the Deputy that in general where a concert takes place in Ireland, the artists
performance fee is subject to Irish VAT. Where an international performer is engaged by a promoter, it is
the responsibility of the promoter to account for the VAT due on the performance fee. This means that
where the promoter is established in Ireland, the promoter is required to account for Irish VAT on the
performance fee. In circumstances where the artist and promoter are both established outside the State,
the promoter is required to account for VAT on the performance fee where she/he is established.
Where a premises provider allows a promoter who is not established in the State to hold a concert on their
premises, the provider must report details of the event to Revenue. Failure to do so can make the premises
provider jointly liable for any VAT arising. This is a safeguard provision to ensure the correct VAT is
collected and paid in relation to any merchandise sold at the concert venue.
13/12/2016WRF04600NAMA Portfolio13/12/2016WRF04700167. Deputy Mick Barry asked
the Minister for Finance if he will direct NAMA to engage with the Irish Glass Bottle Housing Action
Group that have been seeking a meeting regarding the potential for building significant quantities of
social and affordable housing on that site, which they own; and if he will make a statement on the
It is important to stress that NAMA is not a property developer and does not own the site to which the
Deputy refers. Rather, NAMA’s role is that of a secured lender to the property owner. As a secured
lender, NAMA may provide funding to its debtors and receivers where it is shown that this will increase
the overall recovery for NAMA from the security being funded. Such funding is entirely consistent with
NAMA’s mandate to secure maximum return to the Irish taxpayer.
NAMA was established as a commercially independent body mandated to achieve its Purposes under
the NAMA Act. Chapter 2 of the NAMA Act provides for the establishment of the NAMA Board whose
functions are to operate NAMA in accordance with the Act, and to oversee the commercial operation of
NAMA. Under Section 14 of the NAMA Act, the Minister may issue directions concerning the
achievement of the Purposes of the Act as set out in Section 2 of the Act. The Deputy will note that all
previous Directions issued to NAMA have been technical in nature and did not relate to individual assets
nor NAMA’s commercial decisions. The list of directions is available from the NAMA website:
https://www.nama.ie/aboutus/governance/legislation/.
The NAMA Act bars political interference for good reason. There is no role for political interference
with the commercial decisions of NAMA, such as any proposed funding strategy for the site the Deputy
references. From the outset, the Oireachtas worked to ensure NAMA would be independent in its
decisionmaking to avoid a position where others, whether for political or commercial selfinterest or for
other reasons, would seek to influence decisionmaking in a way that would serve vested interests.
As such, issuing a direction to NAMA is not a measure that I take lightly. I have no reason to believe that
NAMA is not operating within its mandate and progressing its objectives, as required by the NAMA Act
in achieving the Purposes of the Act. Therefore, I do not propose to issue a direction, regarding the
achievement of the purposes of the Act, at this time.
Perhaps more importantly for the Deputy’s question, Dublin City Council is specified as the Development
Agency for the purposes of the Planning Scheme under the Poolbeg West Strategic Development Zone
designation in accordance with Part IX Section 166(3) of the Planning and Development Act 2000 and
accordingly intends to prepare a Planning Scheme.
I am informed by Dublin City Council that as part of its initial research, Dublin City Council has
undertaken a consultation process in relation to this scheme. This nonstatutory phase has helped to
inform the process, ensuring that all relevant considerations are taken into account in the preparation of a
Draft Planning Scheme. On 5 July 2016 a newspaper notice prepared by Dublin City Council was
published in the Irish Times to advertise the consultation period. It invited interested individuals and
bodies to submit ideas or comments on matters relevant to the preparation of the Draft Planning Scheme.
The deadline for submissions was 4 August 2016. It was also emphasised that all comments/submissions
would become a matter for public record and would be taken into account in preparing the scheme. To
coincide with the consultation period, a series of public information sessions was organised in the local
area during July.
The consultation sessions provided an opportunity for members of the public to discuss aspects of the
SDZ with Dublin City Council staff. I understand that these sessions were well attended and those in
attendance raised a broad range of issues and concerns which related not only to the area within the SDZ
boundary, but also to the surrounding areas. In addition to these sessions, representatives of groups who
wished to discuss the content of a submission made could arrange to meet a member of the planning
team. These meetings were then held during the week of the 8th12th of August.
The Council’s SDZ planning team is now preparing a report on the consultation process and the content
of all submissions received. In parallel, research work is continuing and this includes consultation with
relevant statutory bodies. These research processes, along with the development parameters defined in the
Government Order and Draft City Development Plan 20172022 will inform the early development Draft
Planning Scheme through the analysis stage, to the development of a concept plan(s) for the site.
Further updates will be provided on the Dublin City Council website (http://www.dublincity.ie/main
menuservicesplanningurbandevelopmentplans/poolbegwestsdz#july/august) on how this process is
proceeding along with details of further public consultation. Once the Draft planning scheme is complete
a statutory public display period will take place and this will last for 6 weeks during which
time submissions will again be invited. I would suggest that the Irish Glass Bottle Housing Action Group
actively participate in the consultation phases of this planning process.
Separately, I have consistently explained that NAMA cannot subvent the supply of social housing.
Section 10 of the NAMA Act requires NAMA to act in a commercial manner to obtain the best financial
return for taxpayers. In line with NAMA’s obligations under Section 10, all residential projects, including
any which may be envisaged for the Glass Bottle site, will be required to pass a stringent commercial
viability threshold before NAMA approves funding and funding will only be made available if it is
expected to increase the overall recovery for NAMA from the security being funded. NAMA is obliged to
act akin to a private sector commercial entity.
With NAMA estimating that 20,000 residential units may be delivered under its Residential Funding
Programme between 2016 and 2020, the corresponding Part V contribution of 2,000 social housing
units should not be forgotten. As with any delivery of housing, the Part V contribution is a meaningful
contribution to social housing supply. However, for the reasons outlined above, it is not appropriate
to direct or dictate a particular strategy to NAMA. The Agency cannot fund the development of
residential units, private or social, on anything other than commercial terms.
13/12/2016WRF04900Tax Data13/12/2016WRF05000168. Deputy Róisín Shortall asked the Minister for
Finance the number of persons assessed for tax on foreign social security pensions for each of the tax
years 2010 to 2015; and the number of persons assessed for tax on foreign occupational pensions for each
of the tax years 2010 to 2015. [39778/16]13/12/2016WRF05100Minister for Finance (Deputy Michael
Noonan):
I am advised by Revenue that on the basis of income tax returns filed, the following table sets out those
income earners that have been assessed to tax on Foreign State Pensions or Foreign Other Pension. There
are other individuals that report foreign pensions but these are not assessable for Irish tax.
Due to the manner in which such returns are received by Revenue it is not possible to separately identify
occupational pensions within the other foreign pensions category. The information is provided for the
years 2010 to 2014, the latest year for which data are available.
YearForeign State Pension Foreign Other
Pension* 2014 12,177 6,440 2013 10,896 6,043 2012 9,777 5,761 2011 8,402 5,237 2010 6,191 4,233
*Includes foreign occupational pensions
13/12/2016WRF05200Legislative Measures13/12/2016WRF05300169. Deputy Róisín Shortall asked
the Minister for Finance if he will instruct the Revenue Commissioners to initiate immediately a wide
ranging publicity campaign concerning the enactment of section 54 of the Finance Bill 2016. [39779/16]
As the Deputy is aware, the provision in question, Section 56 of the Bill as passed by Dáil Éireann, is not
yet signed into law. Once the provision is signed into law, I am advised by Revenue that they will be
undertaking an appropriate campaign as regards the provision and its implications. In the meantime I am
aware that detailed information on the proposed legislative change, as well as a number of Frequently
Asked Questions, are provided on the Revenue website (see
www.revenue.ie/en/business/disclosure.html). I am also advised that Revenue have also engaged with
relevant professional bodies through the Tax Administration Liaison Committee (TALC) to discuss the
proposed legislative change and its implementation.”
13/12/2016WRF05500Central Bank of Ireland Staff13/12/2016WRF05600170. Deputy Michael
McGrath asked the Minister for Finance if there is a specific recruitment drive by the Central Bank of
Ireland financial regulator in response to Brexit; his views on whether the regulatory regime here is fully
prepared to deal with the additional financial services that may be moved to Ireland as a result of Brexit;
and if he will make a statement on the matter. [39802/16]13/12/2016WRF05700Minister for
I am informed by the Central Bank that by the end of this year it will have increased staff numbers by
approximately 115 (on a net basis). The Central Bank Commission has recently approved additional
complement for 2017 to bring its set complement to 1,801 fulltime equivalents, which will be a target net
increase of 170 staff.
The 2017 expansion includes dedicated resources of an additional 28 staff to address specific Brexit
related new business needs. The Bank also plans to assess on a regular basis the need for contingency
based extra Brexitrelated hiring in response to additional business volumes.
The Bank adopts a riskbased approach to supervision across all of the sectors that it regulates, articulated
in its “PRISM” framework. This is a dynamic approach to supervision which means that priority areas of
focus are kept under constant review with resources being deployed to meet the evolving priorities.
The Governor has previously indicated that where further resources are necessary due to an expanded
universe of regulated and supervised firms, the Bank has the ability to effectively reprioritise where it
needs to meet the increased level of demand and also to increase staff numbers as necessary.
13/12/2016WRF05800Departmental Legal Cases13/12/2016WRF05900171. Deputy Peadar Tóibín asked
the Minister for Finance if his Department has been involved in any court proceedings that involved non
disclosure agreements in the past five years; and if so, if the specific court ruling prevented knowledge of
the court proceeding being known and knowledge of the participants to the court proceeding from being
made known for each of these agreements. [39867/16]13/12/2016WRF06000Minister for
My Department has been involved in court proceedings that involved non disclosure agreements in the
past five years but in no case has the specific court ruling prevented knowledge of the court proceedings
being known or knowledge of the participants being made known.
13/12/2016WRF06100Tax Treaties13/12/2016WRF06200172. Deputy Paul Murphy asked the Minister
for Finance his views on Ireland’s tax treaties with developing countries; his further views on a Eurodad
report (details supplied) which shows that Ireland’s tax treaties have, on average of EU states, introduced
the highest amount of reductions of developing country tax rates; his views on the impact this has on tax
takes in developing countries; and if he will make a statement on the matter. [39892/16]
Double Tax Treaties are agreements voluntarily entered into by countries to eliminate double taxation and
to facilitate cross border investments. Countries typically agree in such treaties to allocate taxing rights in
respect of activity carried out in one country by residents of the other country. This will be done to
encourage trade and investment between the two countries. The exact allocation of taxing rights is a
matter for negotiation between the Governments of the two countries concerned and a treaty will only be
agreed if both countries are satisfied with the outcome.
As an OECD member country, Ireland’s treaties are typically based on the OECD Model Treaty.
However, in any of our treaties negotiated with developing countries, the final treaty contains a mix of
OECD Model and UN Model Treaty provisions, which are considered favourable to developing
countries. Both countries must be happy that a proposed treaty strikes an appropriate balance for it to be
agreed.
Very positive efforts have been made by Ireland in recent years in the area of tax treaties and developing
countries. The Department of Finance commissioned the IBFD to undertake a spillover analysis to look at
the possible effects of the Irish tax system on Developing Economies. The Report was published on
Budget Day in October 2015 and is available on the Department’s website. Ireland is only the second
country in the world to undertake such a spillover analysis and I have consistently called on all countries
to undertake a similar analysis.
Some points of concern in relation to our treaties with Zambia and Pakistan were noted in the spillover
analysis. Those treaties were two of Ireland’s oldest double taxation agreements and were both already
under renegotiation when the study started. They have now been renegotiated and the new treaties were
signed and ratified by Ireland in 2015.
I note the publication of the report ‘Survival of the Richest’ by a number of civil society organisations.
The report also references a previous report by ActionAid which had included in its analysis those older
tax treaties which have been replaced. It is unclear exactly which Irish tax treaties were included in the
analysis in this new report and the inclusion, for example, of treaties which have been replaced would
clearly distort any analysis. As the report has just been published, my Department intends to seek further
information from the authors of the report providing further clarity on the analysis.
13/12/2016WRF06400Tax Avoidance13/12/2016WRF06500173. Deputy Paul Murphy asked
the Minister for Financehis views on reported dramatic increases of socalled sweetheart deals between
states and corporations to minimise tax in the EU and, in particular, in Luxembourg and Belgium (details
supplied); his further views on whether such facilitation of aggressive tax planning and avoidance is
negative; if he will support measures at an EU level to prevent these practices; and if he will make a
Noonan):
I reject the assertion in the report mentioned that Advanced Pricing Agreements are “sweetheart deals”
with taxpayers. Ireland does not do “deals” with taxpayers. Our tax system is founded on the strict
application of the law, as enacted by the Oireachtas, without exception.
Revenue do not issue unilateral Advance Pricing Agreements. The Apple case concerns two advance
opinions issued by Revenue in 1991 and 2007.
Revenue has published detailed guidelines on the provision of tax opinions which are available on
Revenue’s website at www.Revenue.ie. While it is open to any taxpayer to seek an opinion from Revenue
on the tax treatment of a particular transaction or activity, the circumstances in which a taxpayer should
require an opinion from Revenue are relatively limited. This is because Revenue already publishes
extensive detailed information on the application of tax legislation in various tax briefings and guidelines
which are available on the Revenue website.
An opinion will be provided by Revenue where the issues are complex, information is not readily
available or there is genuine uncertainty in relation to the applicable tax rules as set down in the
legislation. An opinion will provide Revenue’s view of the correct application of tax law to a particular
transaction or situation so that the taxpayer can file a correct tax return as required under the legislation.
In no case has Revenue the authority or discretion to depart from the applicable rules as set out in tax law.
In relation to Advanced Pricing Agreements more generally, I would highlight that they are a standard
feature of the international tax system. Taxpayers can seek such an agreement where they want
certainty that they are correctly applying transfer pricing rules. One of the recommendations from the
OECD Base Erosion and Profit Shifting (BEPS) Project was that countries should implement bilateral
APA programmes to provide greater certainty in relation to the taxation of crossborder transactions.
Acting on this OECD recommendation, Revenue introduced a formal bilateral Advance Pricing
Agreement programme and the guidance on how the programme is operated is available on the Revenue
website. As I have already mentioned, Revenue do not issue unilateral Advance Pricing Agreement so
such agreements will only be issued if the tax authorities in both countries impacted by a transaction are
satisfied that the correct pricing is being applied.
At EU level, Member States have agreed a Directive to require the automatic exchange of both tax
opinions or ‘rulings’ and Advanced Pricing Agreements between tax authorities in Member States. I was
an enthusiastic supporter of this Directive. I expect to have completed the transposition of this
Directive into Irish law through a combination of Regulations and Finance Bill changes by the end of this
year.
13/12/2016WRF06700Primary Medical Certificates13/12/2016WRF06800174. Deputy Paul Kehoe asked
the Minister for Finance further to the reply to Parliamentary Question No. 208 of 1 December 2016, if he
will direct the Revenue Commissioners to locate and forward a primary medical certificate in respect of a
person (details supplied) in view of the circumstances outlined; and if he will make a statement on the
My Department has been involved in court proceedings that involved non disclosure agreements in the
past five years but in no case has the specific court ruling prevented knowledge of the court proceedings
being known or knowledge of the participants being made known.
13/12/2016WRG0010013/12/2016WRG00150Tax Reliefs Application
13/12/2016WRG00200175. Deputy Michael McGrath asked the Minister for Finance if persons (details
supplied) in County Cork are being taxed appropriately in line with the marginal relief that applies where
the annual income exceeds the exemption limit for persons aged 65 years of age and over. [40023/16]
13/12/2016WRG00300Minister for Finance (Deputy Michael Noonan):
An individual or a couple in a marriage or civil partnership, aged 65 or over whose total income from all
sources is slightly over the exemption limit may qualify for marginal relief. The current exemption limits
are €18,000 for single or widowed individuals and €36,000 for a couple in a marriage or civil partnership.
Marginal relief is applied if it is more beneficial than the granting of tax credits.
In the case of the persons concerned, their income exceeds the exemption level by a varying amount year
on year. This makes it difficult to determine, in advance, if applying marginal relief would be more
beneficial than granting tax credits for that year. During 2016 they have been taxed in accordance with
the ordinary Tax Credits and SRCOP (Standard Rate Cut off Point). Revenue will arrange to contact the
persons concerned in January to review their position for 2016 and make sure that they are taxed in the
most beneficial way for 2016.
13/12/2016WRG00350Property Tax Collection13/12/2016WRG00400176. Deputy Róisín Shortall asked
the Minister for Finance if he will clarify the 2017 local property tax liability for surrendered property
(details supplied); and if he will make a statement on the matter. [40036/16]
I am advised by Revenue that the Local Property Tax (LPT) ‘liability date’ is set down in the Finance
(Local Property Tax) Act 2012 (as amended) as 1 November in the preceding year. For example, 1
November 2016 is the ‘liability date’ for 2017 and the owner of a relevant residential property on that
date is obliged to pay the LPT due. This remains the case even if the property is sold or transferred after
the ‘liability date’.
Where a financial institution takes legal ownership of a residential property, it becomes liable for LPT
from the next ‘liability date’. However where the legal transfer of ownership is not fully completed or,
where the terms of a Personal Insolvency arrangement are not formally confirmed before the ‘liability
date’, then responsibility for payment in respect of the following year remains with the surrendering
party.
Revenue has confirmed that it recently had contact from the person in question advising of a change in
the ownership of the property. The person was requested to send in the relevant supporting documentation
which has not been received to date. As soon as the supporting documentation is received, Revenue will
make contact with the person to bring matters to a conclusion.
13/12/2016WRG00550Tax Agreements13/12/2016WRG00600177. Deputy Joan Burton asked
the Minister for Finance when EU Directive 2011/16/EU as regards mandatory automatic exchange of
information in the field of taxation will be transposed into law; and if he will make a statement on the
matter. [40045/16]13/12/2016WRG00700Minister for Finance (Deputy Michael Noonan):
The EU Directive 2011/16/EU was transposed into Irish law by virtue of the European Union
(Administrative Cooperation in the Field of Taxation) Regulations 2012.
This Directive has subsequently been amended three times to introduce greater exchange of information
between tax authorities. These subsequent Directives will be fully transposed in Ireland by the end of
this year. The final steps required to transpose these three Directives will be completed by Finance Bill
2016 and by Regulations amending the European Union (Administrative Cooperation in the Field of
Taxation) Regulations 2012 which I intend to issue before the end of the year.
A further amendment to the Directive was proposed by the European Commission in July 2016 to ensure
that tax authorities have access to antimoney laundering information that financial institutions are
required to hold. Agreement was reached on this new Directive at the November ECOFIN and
transposition of this will take place during 2017.
Ensuring that tax authorities have access to all relevant information is a vital step in combatting tax
evasion and aggressive tax planning. I have strongly supported all of these Directives.
13/12/2016WRG00750Revenue Commissioners Enforcement Activity
13/12/2016WRG00800178. Deputy Joan Burton asked the Minister for Finance the number of tax
determinations that have been made by the Revenue Commissioners since 1991 to date in 2016; and if he
will make a statement on the matter. [40046/16]13/12/2016WRG00900179. Deputy Joan Burton asked
the Minister for Finance the reform recently agreed by Government in respect of tax opinions,
determinations and letters of comfort; and if he will make a statement on the matter. [40047/16]
The Deputy has referred to tax opinions, determinations and letters of comfort. I would clarify that while
Revenue may issue nonbinding advisory opinions in certain circumstances and may make determinations
in respect of certain VAT matters, Revenue does not issue “letters of comfort”.
There has been a focus on tax opinions, or ‘rulings’ as they are sometimes called, over the last number of
years, in particular as a result of the European Commission State aid investigations in a number of
countries. Ireland does not have a statutory system of binding tax ‘rulings’ and there is no provision in
Irish law for the issuing of such rulings.
Revenue may provide nonbinding opinions on the application of tax law to specific transactions or
situations. The provision of such opinions comes within the general administrative functions vested in
Revenue under tax legislation. While it is open to any taxpayer to seek an opinion from Revenue on the
tax treatment of a particular transaction or activity, the circumstances in which a taxpayer should require
an opinion from Revenue are relatively limited. This is because Revenue already publishes extensive
detailed information, on the application of tax legislation, in various tax briefings and guidelines which
are available on the Revenue website. Revenue has published detailed guidelines on the provision of tax
opinions, which are also available on the Revenue website. Guidelines relating to opinions for cases dealt
with by Revenue’s Large Cases Division (LCD) are available on www.revenue.ie under “[37.0.40] Large
Cases Division: Opinions/Confirmations on Tax/Duty Consequences of a Proposed Course of Action”.
Guidelines relating to requests for opinions submitted for nonLCD cases through the Revenue Technical
Service (RTS) are available on www.revenue.ie under “Guidelines on Revenue’s Service to Practitioners
and Business Taxpayers”.
An opinion will be provided by Revenue where the issues are complex, information is not readily
available or there is genuine uncertainty in relation to the application of the tax rules as set down in the
legislation.
An opinion will provide Revenue’s view of the correct application of tax law to a particular transaction or
situation and will assist the taxpayer in filing a correct tax return as required under the legislation. In no
case has Revenue the authority or discretion to depart from the applicable rules as set out in tax law.
In addition to providing opinions, Revenue may make determinations on certain VAT matters such as the
appropriate rate of VAT that applies to a particular supply of goods or services or on whether a particular
activity is exempt from VAT. Information on the circumstances in which such determinations are made
and the process is available at http://www.revenue.ie/en/tax/vat/guide/vatrates.html#section11.
Statistics have not been compiled on the number of tax opinions issued by Revenue and determinations
made by Revenue in relation to certain VAT matters each year. However, in responding to the European
Commission enquiries in relation to tax ruling practice in the various Member States, Revenue identified
that, in the period 2010 to 2012, the total number of opinions issued to companies on various matters
relating to corporation tax was as follows:
Year Total 2010 99 2011 128 2012 108
To facilitate accountability Revenue has committed to publishing in its future Annual Reports the number
of opinions it issues each year. Where Revenue makes a determination in respect of a VAT matter, that
determination may be published in Iris Oifigiúil.
On 7 September 2016 I confirmed in the Dáil that Revenue would be amending its guidance and
instructions to provide that tax opinions will not remain valid beyond five years without a full review.
I am informed by Revenue that it has updated its guidance to confirm that opinions issued to taxpayers
will remain valid for a maximum period of five years. Previously the maximum period was seven years.
However, depending on the particular circumstances, a shorter period than five years may be specified.
After the maximum validity period, whether five years or less, an application for a renewal or extension
must be made if the taxpayer wishes for the opinion to continue. It has always been the case that an
opinion will only remain valid for so long as the facts and circumstances on which it is based continue to
exist and the relevant legislation and practice remains in place.
Revenue has also confirmed that it has begun reviewing a number of opinions that were provided more
than five years ago.
13/12/2016WRG01050Employment Data13/12/2016WRG01100180. Deputy Joan Burton asked
the Minister for Finance when the results of the consultation process into the impact of bogus self
employment arrangements will be published; and if he will make a statement on the matter. [40048/16]
The Deputy will be aware that earlier this year, she as Minister for Social Protection and I as Minister for
Finance launched a consultation process on the use of intermediarytype employment structures and self
employment arrangements, and their impact on tax and PRSI. The consultation invited submissions from
interested parties on possible measures to address the loss to the Exchequer that may arise under
arrangements (i) where an individual, who would otherwise be an employee, establishes a company to
provide his or her services, and (ii) where an individual, who is dependent on, and under the control of, a
single employer in the same manner as an employee, is classified as a selfemployed individual. Twenty
three submissions were received.
As we discussed during the Finance Bill 2016 debates recently in the Dáil, a report on the consultation is
being been finalised by a working group of officials. Once the report has reached me, and my colleague
the current Minister for Social Protection, we will consider its contents and then I expect we will publish
it. Therefore I cannot give the Deputy an exact date for publication but, as I should receive the draft soon,
I would be confident that this will happen in the New Year.
13/12/2016WRG01250Common Consolidated Corporate Tax Base Negotiations
13/12/2016WRG01300181. Deputy Joan Burton asked the Minister for Finance the discussions he has
had with his ECOFIN colleagues in view of the recent developments in respect of the common
consolidated tax base; the steps he has taken in the interests of protecting Ireland’s tax sovereignty; and if
he will make a statement on the matter. [40049/16]13/12/2016WRG01400Minister for
The European Commission’s proposal for a Common Consolidated Corporate Tax Base (CCCTB) was
discussed at the November ECOFIN meeting. During the discussion, which was held in public session, a
number of my fellow Ministers gave some initial impressions of the proposal. At this discussion
I indicated that Ireland will engage constructively with the proposal while ensuring that Ireland’s long
term interests are protected. At December ECOFIN, Council Conclusions were approved in respect of the
Commission’s wider package which includes the CCCTB proposal but there was no discussion of the
proposals at that meeting.
As the proposal was only published at the end of October, detailed analysis of it is now underway by my
officials and by the Revenue Commissioners. The proposal is complex and technical discussions with
other Member States in Council Working Parties are only just beginning. These discussions by necessity
will take some time as countries work through the detail of the proposal and consider the potential impact
on their tax systems.
13/12/2016WRG01450Legislative Measures13/12/2016WRG01500182. Deputy Fergus O’Dowd asked
the Minister for Finance his views on an issue regarding a change in the recent Finance Bill (details
supplied); and if he will make a statement on the matter. [40051/16]13/12/2016WRG01600Minister for
The Finance Bill 2016 has been passed by Dáil Éireann and is currently being considered by the Seanad.
In Section 52 of the Bill, I have provided for an amendment to section 86 of the Capital Acquisitions Tax
Consolidation Act 2003, the section that provides an exemption from capital acquisitions tax on the
inheritance or gift of a dwelling house in certain circumstances. I consider that this particular relief has
lost focus since its introduction because of changes made to how it operates over the years. The purpose
of my amendment is to realign the exemption with its original policy objective i.e. to alleviate the
hardship of an inheritance tax liability for a person who inherited a house in which he or she had been
living with the deceased and to ensure that the person did not have to sell the house to pay the tax
liability. The changes I have proposed will have two principal effects.
Firstly, the dwelling house exemption will only be available for inheritances. With one exception, it will
no longer be possible to receive a taxfree gift of a dwelling house. The exception will be where a person
gifts a dwelling house to a dependent relative. For this purpose, a dependent relative is a direct relative of
the donor, or of the donor’s spouse or civil partner, who is permanently and totally incapacitated because
of physical or mental infirmity from maintaining himself or herself or who is over the age of 65.
Secondly, the inherited dwelling house must have been the deceased person’s principal private residence
at the date of his or her death. This requirement will be relaxed in situations where the deceased person
had to leave the house before the date of death because of ill health; for example, to live in a nursing
home.
If my amendment is accepted by the Oireachtas and enacted in the Finance Bill, it will take effect from
the date of enactment. There will not be any provision for transitional arrangements for those people who
may have already acquired a dwelling house for another person to live in with the intention of making a
gift of the house to that person when the required threeyear period of occupation comes to an end. As the
provision was intended to alleviate hardship it is not my intention to delay the introduction of the new
arrangements to facilitate individuals who intended to make use of the previous arrangements to avoid
tax.
13/12/2016WRG01650Tax Code13/12/2016WRG01700183. Deputy Paul Murphy asked the Minister for
Finance if the unemployment benefits paid to former staff of the EU institutions under article 29(a) staff
regulations of officials of the European Communities are subjected to PRSI and USC in view of the fact
they are on unemployment benefit which is normally exempted when paid by the State; if those persons
in receipt of this EU unemployment benefit can avail of the PAYE tax credit on a par with those in receipt
of Irish unemployment benefits; and if he will make a statement on the matter. [40052/16]
Following clarification with the Deputy’s Office, it is understood that his question refers to article 28(a)
of Staff Regulations of Officials of the European Communities. Under article 12 of the Protocol on the
Privileges and Immunities of the European Union (formerly article 13), the unemployment allowance
paid to a former member of the temporary staff of the EU institutions under article 28(a)(8) of the EU
Staff Regulations is liable to tax for the benefit of the Union. Consequently, no charge to income tax or
USC arises in the State. In the circumstances, the question as to whether or not the PAYE tax credit is due
does not arise. Furthermore, I am advised by the Minister for Social Protection that, as the payment does
not attract income tax, it is not subject to PRSI.
13/12/2016WRG01850HelpToBuy Scheme13/12/2016WRG01900184. Deputy Sean Fleming asked
the Minister for Finance the situation in respect of persons that are ordinarily resident here but are
employed outside of the State in Northern Ireland or England and their income tax is deducted in those
areas; if they are eligible to obtain the income tax refunds scheme for up to €20,000 for persons who are
firsttime purchasers of new houses; and if he will make a statement on the matter. [40056/16]
I assume the Deputy is referring to the Help to Buy Incentive which is provided for in Finance Bill 2016
and is designed to assist firsttime buyers with obtaining the deposit required to purchase or build their
first home.
The Incentive will take the form of a refund of income tax (including DIRT) paid in the State by a first
time buyer over the previous 4 tax years. Eligibility for a refund will depend on the particular
circumstances of each firsttime buyer.
Where no income tax has been paid in the State by an individual in the 4 tax years prior to application for
the Incentive, there will be no tax available to refund. However, where an individual has paid income tax
in any of those years, such sum would, subject to the individual meeting the conditions of the Incentive,
be available for refund.
13/12/2016WRG02050Financial Services Regulation13/12/2016WRG02100185. Deputy Michael
McGrathasked the Minister for Finance if the Central Bank is currently considering any application for a
licence by a financial service provider hoping to enter the residential mortgage lending market here; and
if he will make a statement on the matter. [40103/16]13/12/2016WRG02200Minister for
The Deputy will be aware that this matter was discussed at the Central Bank’s appearance before the
Oireachtas Joint Committee on Finance, Public Expenditure and Reform and Taoiseach’s meeting on
Thursday 8th December. However, the Central Bank has advised that for confidentiality reasons the
Central Bank of Ireland is prevented from further discussing applications for authorisation. A full list of
authorised institutions is available on the Central Bank’s website at http://registers.centralbank.ie/.
13/12/2016WRG02250Central Bank of Ireland Staff13/12/2016WRG02300186. Deputy Brendan
Griffin asked the Minister for Finance his views on a matter related to the Central Bank (details supplied);
and if he will make a statement on the matter. [40115/16]13/12/2016WRG02400Minister for
I am informed by the Central Bank that staff numbers are expected to grow to 1,631 at end 2016, with
planned expansion to 1,801 by end 2017. The 2017 expansion includes dedicated resources to address
specific Brexitrelated new business needs. The Bank also plans to assess on a regular basis the need for
contingencybased extra Brexitrelated hiring in response to additional business volumes.
While the Bank can sometimes experience difficulties in hiring and retaining staff in certain
areas because there is significant labour market competition, the Governor has previously indicated that
where further resources are necessary due to an expanded universe of regulated and supervised firms, the
Bank has the ability to effectively reprioritise where it needs to meet the increased level of demand and
also to increase staff numbers as necessary.
13/12/2016WRG02450Legislative Programme13/12/2016WRG02500187. Deputy Michael
Moynihan asked the Minister for Finance the name and number of Bills in preparation in his Department
and published by his Department since May 2016; the Stage each Bill is at in the Houses of the
Oireachtas; the number of Bills from his Department signed into law; and if he will make a statement on
the matter. [40135/16]13/12/2016WRG02600Minister for Finance (Deputy Michael Noonan):
One Bill has been published by my Department since May 2016. The details of that Bill are set out as
follows:
No. of Bill Title of Bill Stage of Bill 83 of 2016 Finance Bill 2016 Seanad Committee Stage was
completed on 7 December 2016, Seanad Report Stage is scheduled for 14 December 2016.
Since May 2016 one Act brought forward by my Department has been signed into law the Finance
(Certain EU and Intergovernmental Agreements) Act 2016 (Act No. 13 of 2016) was signed into law on
26 October 2016.
13/12/2016WRG02650VAT Registration13/12/2016WRG02700188. Deputy Shane Cassells asked
the Minister for Finance if he will review the VAT threshold of €37,500 for sole traders providing
services (details supplied); and if he will make a statement on the matter. [40159/16]
I am advised by Revenue that VAT is governed by the EU VAT Directive (Council Directive
2006/112/EC), with which Irish VAT law must comply. The thresholds for Ireland and the UK date from
accession into the EU and the Directive only provides for the raising of those thresholds by Member
States to maintain their value in real terms, that is, they may only be increased in line with inflation. The
Irish VAT thresholds were increased to their current values on 1 May 2008. As Central Statistics Office
figures show the consumer price index is below the level it reached in 2008, it is not possible to increase
the thresholds.
Furthermore, Ireland’s VAT registration threshold for traders supplying services is the seventh highest in
the EU.
13/12/2016WRG02850Departmental Staff Redeployment13/12/2016WRG02900189. Deputy Marc
MacSharry asked the Minister for Finance if he will provide all examples of entire units that have been
recentralised back to Dublin from within his Department; his Department’s rationale for such moves; and
if Cabinet approval was sought and given in each case. [40477/16]13/12/2016WRG03000Minister for
I wish to inform the Deputy that my Department has not recentralised any of the units, for which it is
now responsible, following their decentralisation to Tullamore in 2006. However, in addition to units that
transferred to the Department of Public Expenditure and Reform on the establishment of that Department
in 2011, certain units of my Department have transferred more recently to the National Shared Service
Office in Tullamore, which is part of the Department of Public Expenditure and Reform and further such
transfers are planned. That would leave a number of small but important residual functions belonging
to my Department located in Tullamore and, as this would not be a safe or viable situation, these will be
recentralised to Headquarters in Dublin.
13/12/2016WRG03050School Curriculum13/12/2016WRG03100190. Deputy Caoimhghín Ó
Caoláin asked the Minister for Education and Skills the status of the second level religious education
programme; if it is an academic study subject, in line with his Department’s memo following a meeting
with the NCCA on 27 January 1995, confirmed by the NCCA in writing to his Department on 11 April
1995; if the State religious education course at second level is optional for students; and if the teaching of
this course must be conducted on an objective basis and not in adherence to any particular belief system,
including that of the school patron. [39376/16]13/12/2016WRG03200Minister for Education and
Skills (Deputy Richard Bruton):
The Junior Certificate Religious Education syllabus was published in 2000. It is offered by schools as an
optional subject at Junior Certificate level.
In 2016, in excess of 27,000 students sat the examination in Religious Education (from a total cohort of
approximately 60,000).
The aim of the syllabus is to provide students with a framework for encountering and engaging with the
variety of religious traditions in Ireland and elsewhere and the expectation is that it is taught in this spirit.
The guidelines on teaching provided for teachers and schools states explicitly that learning and teaching
should set out to promote an understanding and appreciation of why people believe, as well as tolerance
and respect for the values and beliefs of all.
The guidelines also refer to the fostering of awareness that the human search for meaning is common to
all peoples, of all ages and at all times. It encourages appreciation of the richness of religious traditions
while acknowledging the nonreligious interpretation of life.
Leaving Certificate Religious Education is also an optional subject for students. In 2016 a total of 1,320
students sat an examination in the subject.
Like its Junior Certificate equivalent, it is a broadlybased course of study focusing on the value of
religious belief and on diversity and mutual respect and is of particular relevance for national and global
citizenship. The subject calls on the student to explore issues such as meaning and value, the nature of
morality, the development and diversity of belief, the principles of a just society, and the implications of
scientific progress.
Both courses are designed to be experienced as educationally valuable and coherent programmes,
independent of the dominant beliefs in the learning environment.
Caoláin asked the Minister for Education and Skills the arrangements that should be in place in
circumstances in which a second level student opts out of the State religious education course; and his
views on whether that should include access to an alternative subject and that being requested to sit at the
back of a classroom does not meet the standards of pluralism and inclusivity. [39377/16]
13/12/2016WRG03400Minister for Education and Skills (Deputy Richard Bruton):
In relation to the teaching of religion in schools, under the Constitution and in accordance with Section 30
of the Education Act 1998, parents have a right to have their children opt out of religion classes if they so
wish.
The manner in which any school ensures that the right to opt out of religion classes is upheld is a matter
for the school concerned.
Each individual school must determine the particular arrangements which are most appropriate in its
individual circumstances having regard to local issues such as available space, supervision requirements
and how the school concerned organises classes etc.
My view is that schools should consult parents and students about such matters as religious education and
worship and assess demand rather than continue to assume that all students should participate. Schools
need to prepare for situations where a majority of students may wish to withdraw and where religious
instruction and worship may be required only by a minority.
The Education (Admission to Schools) Bill 2016, which passed second stage on the 17th November 2016,
also includes a specific requirement that school enrolment policies must include details of the school’s
arrangements for any students who do not wish to attend religious instruction.
I believe this is an important measure which will help ensure transparency from the outset as to how a
school will uphold the rights of parents in this regard.
On 5 December 2016, I published the General Scheme of an Education (Parent and Student Charter) Bill
2016. The Government have approved the draft outline of a new law, which will require every school to
consult with parents and students, and publish and operate a Parent and Student Charter.
The Parents and Students Charter Bill essentially deals with how schools communicate with parents and
will provide a greater opportunity for dealing with such issues.
The publication of this draft legislation will fulfil a key commitment in the Action Plan for Education to
improve information and complaint procedures for parents and students relating to schools.
The draft legislation defines the principles that will guide how schools will engage with students and
parents. Some of the issues which schools will be required to deal with under the charter include:
Inviting feedback from students and parents and
Providing better information about School Management and School Policies.
Following consultation with our education partners, including the National Parents Council (Primary),
National Parents Council (Post Primary) and the Irish Secondlevel Students Union, I will finalise
national guidelines on a Parent and Student Charter.
The draft Bill will now go to the Oireachtas Committee on Education and Skills for prelegislative
scrutiny.
Caoláin asked the Minister for Education and Skills the terms of reference of the NCCA’s forthcoming
review of the religious course at second level; if it will be impartial as to the beliefs and interests of
religious and nonreligious students and their parents or guardians; if this review will address both the
content and the method of delivery in the State funded school system; and if he will make a statement on
the matter. [39378/16]13/12/2016WRG03600Minister for Education and Skills (Deputy Richard
Bruton):
There is an existing Junior Certificate syllabus for Religious Education, the aim of which is to provide
students with a framework for encountering and engaging with the variety of religious traditions in
Ireland and elsewhere.
In accordance with the schedule set out in the Framework for Junior Cycle (2015) a new syllabus
specification for junior cycle will be introduced in 2019.
In that context, the NCCA will initiate its review of Junior Cycle Religious Education in the coming
year.
The practice of the NCCA in this regard is to initially publish a background paper as part of its review
process. The Background Paper for Religious Education will be published in mid 2017 and will be the
subject of a public consultation.
The background paper will, among other things:
describe the learning and teaching experiences of students and teachers as they encounter the existing
syllabus;
detail how the examination of the subject as part of the Junior Certificate has evolved over time and the
trends in student achievement in that context;
explore international trends in Religious Education;
review any relevant research on the operation of the existing syllabus;
set out a draft brief for the representative development group which will be formed to develop a new
curriculum specification.
The existing syllabus is recognised as impartial in its treatment of the area and it is the intention that the
new specification will be developed along similar lines. The rigour and transparency of the development
process will ensure that the deliberations of the development group will, at all times, be open to scrutiny.
The specification, when drafted, will also be the subject of a public consultation, following which, on the
basis of feedback, it will be finalised.
13/12/2016WRG03650School Accommodation13/12/2016WRG03700193. Deputy Catherine
Murphy asked the Minister for Education and Skills when funding to provide an ASD class in a school
(details supplied) will be released; and if he will make a statement on the matter. [39392/16]
I am pleased to inform the Deputy that the school to which she refers has been approved funding for the
conversion of an existing vacant classroom into an ASD Classroom under my Department’s Additional
Accommodation Scheme 2016.
The project has been devolved for delivery to the school authority and it is now a matter for the school
authority to progress the project as quickly as possible. The first tranche of funding will be released when
the project goes on site.
13/12/2016WRG03850Early School Leavers13/12/2016WRG03900194. Deputy Fiona O’Loughlin asked
the Minister for Education and Skills the examination of additional supports to groups working with early
school leavers that has taken place; and if he will make a statement on the matter. [39408/16]
As the Deputy may be aware, policy for school attendance, participation and retention comes within the
remit of my colleague the Minister for Children and Youth Affairs. The Programme for a Partnership
Government includes a number of commitments in relation to school attendance and completion,
including the one referred to by the Deputy in relation to early school leavers.
Officials of my Department will engage with the Department of Children and Youth Affairs and Tusla in
any examination of this policy area, and are already committed to working with them on the development
of a new School Completion Strategy, which is also a Programme for Government commitment.
My Department has a number of schemes to support young people who have left school early in their
continuing engagement with education. These include Youthreach which is an education and training
programme targeting in particular those between 16 and 20 years of age who have left the mainstream
school system with poor qualifications or none. The Youthreach programme is operated by Education and
Training Boards with funding provided by my Department through SOLAS, the Further Education and
Training Authority.
13/12/2016WRG04050Departmental Expenditure13/12/2016WRG04100195. Deputy Niall Collins asked
the Minister for Education and Skills the total photography costs for his Department per annum since
March 2011 inclusive of costs incurred from use of the ministerial allowance, in tabular form; the
occasions for which photographers were booked; the photographers used; the breakdown of costs
associated with each occasion that a photographer was used; if there is a policy regarding the booking of
photographers within his Department; and if he will make a statement on the matter. [39468/16]
The following tabular statement contains the information requested by the Deputy.
Press Office:
Occasion Photographer Cost Breakdown Total Cost Net Vat Gross 17 October 2016 Photography for
EIB Loan Agreement Signing Maxwell Photography 98 22.54 120.54 15 September 2016 Photography
for Launch of the Action Plan for Education 20162019 Maxwell Photography 798 183.54 981.54 10 June
2016 Photography for awards to recipients under the Nonmainstream Music Education Bursary Scheme
2016 Maxwell Photography 406 93.38499.38 03 June 2016 Photography for announcement regarding
Action Plan for Disadvantaged Schools Maxwell Photography 420 96.6 516.6 15 August 2015
Photography for Minister Jan O’Sullivan Seal of Office Maxwell Photography 14 3.22 17.22 29 May
2014 Photography for Winners of Irish History Competition Maxwell Photography 294 67.62 361.62 23
May 2014 Photography for Launch of Irish Second Level Students Union (ISSU) Maxwell
Photography 336 77.28 413.28 2 December 2013 Photography for Launch of Digital Strategy for
Schools 335 69.93 404.93 7 October 2013 Photography with Brazilian students studying in Ireland ahead
of Minister Quinn’s trade mission to Brazil Maxwell Photography 126 28.98154.98 6 September 2013
Photography with National Parents Council to publicise antibullying funding available to
parents Maxwell Photography 140 32.2 172.2 24 July 2013 Photography with Migrant Rights Centre
Ireland to publicise beneficial changes to third level fees for migrant students Maxwell
Photography 126 28.98 154.98 12 June 2012 Photography for visit of the UN Special Representative on
Violence Against Children to participate in an international jury to oversee the design competition of a
memorial to victims of childhood abuse in institutions in Ireland Fennel Photography 245 56.35 301.35 30
June 2011 Copies of photographs of a school project and their use on an A1 display board for the joint
RIAI/Department colloguium on school design Donal Murphy
Photography 315 66.15 381.15 TOTAL 4479.77
In addition to this a sum of approximately €7,400 was paid in July 2014 by my Department for the
restoration, framing and installation of photographs in order to establish a photo gallery of Ministers and
Secretaries General who have served in the Department. 2014 marked the 90th anniversary of the
Department in its modern form since the establishment of the Ministers and Secretaries Act, 1924.
My Department uses external photographers sparingly with a view to keeping costs to a minimum and
regularly uses its own facilities and staff to take photographs in house. My Department adheres to
appropriate procurement guidelines when engaging the use of external photography services.
13/12/2016WRG04250Consultancy Contracts Data13/12/2016WRG04300196. Deputy Niall
Collins asked the Minister for Education and Skills the external consultant reports commissioned by his
Department since March 2011 per annum, in tabular form; the costs per report; the company involved; the
title of the report; and the publication date. [39484/16]13/12/2016WRG04400Minister for Education and
Details of all consultancy payments made by my Department for the years 2011, 2012, 2013, 2014 and
2015 are available on the Department’s website http://www.education.ie/en/Publications/Corporate
Reports/FinancialReports/ExpenditureonConsultancy/.
Information in relation to consultancy expenditure is compiled annually in respect of the previous year.
Details for the year 2016 will be collated in early 2017 and will be published on the website
during Quarter 1, 2017.
13/12/2016WRG04450Public Relations Contracts Data13/12/2016WRG04500197. Deputy Niall
Collins asked the Minister for Education and Skills the details of the use of external public relations firms
employed by his Department per annum since March 2011 in tabular form; the list of uses of the external
public relations firm; the internal Department policy with regard to employing external groups; and if he
will make a statement on the matter. [39500/16]13/12/2016WRG04600Minister for Education and
In relation to my Department’s policy for the engagement of external expertise, this is generally only
considered where the matters involved require expert skills or capabilities that are not readily available
within my Department. Such engagement is done in accordance with the provisions of the Department of
Finance “Guidelines for the Engagement of Consultants and other External Support by the Civil
Service”.
The information sought by the Deputy in respect of the period from 2014 to October 2016 is set out in the
table. This information is not readily available for the period prior to 2014.
The table provides details of external public relations firms employed by my Department:
Year Name of Firm Purpose 2014MitchellKane, Belfast Consultancy, Creation of brand, guidelines and
logo 2014 ZOO Digital, D2 Creation of online banner advertising Design,Development and project
management of websiteSet up Hosting for 1 year 2014 Phd, Clonskeagh, D14 Digital advertising and
online media awareness campaign 2014 Prontaprint Printing of Flyers and Business Cards 2014 Careers
Unlimited Stand at Jobs Expo 2014, Cork and Dublin 2014 Gds, Tallaght Pullup stands for graphic
display 2014 Carr Communications Interview board training & interviewee skills training2015 Carr
Communications Interview board training & interviewee skills training 2015 Phd, Clonskeagh,
D14 Digital advertising and online media awareness campaign 2015 Zoo Digital D2 Skills to Work
website 2016 Carr Communications Interview board training & interview skills training 2016 Zoo Digital
D2 ToolTip Skills to Work website popup installation 2016 Carr Communications To provide
professional advice on communications support to develop an information campaign on reform initiatives
in the second level school system 2016 Carr Communications Communications/interview skills training
and Communications workshop 2016 Career Zoo Cost of stand space at Career Zoo, IFSC
13/12/2016WRG04650Ministerial Correspondence13/12/2016WRG04700198. Deputy John Brady asked
the Minister for Education and Skills if he has used any private unsecured email accounts for official
business; and if he will make a statement on the matter. [39582/16]13/12/2016WRG04800Minister for
Education and Skills (Deputy Richard Bruton):
I have several email addresses including an Oireachtas address, a number of Department of Education &
Skills addresses and a personal email address, each of which is used as appropriate. On occasion in the
past I have used my personal email account for non sensitive official correspondence.
13/12/2016WRH0010013/12/2016WRH00200Departmental Legal Cases
13/12/2016WRH00300199. Deputy Peadar Tóibín asked the Minister for Education and Skills if his
Department or the agencies that report to his Department entered into any nondisclosure or
confidentiality agreements, existent within the past five years, with any organisation due to court action
or a threatened court action; and, if so, the persons or groups with which these agreements
exist. [39598/16]13/12/2016WRH00400Minister for Education and Skills (Deputy Richard Bruton):
My Department has not entered into any nondisclosure or confidentiality agreements with any
organisation due to court action or threatened court action in the last five years. However, an agency of
my Department, SOLAS, paid a small sum to defray legal costs incurred by a potential litigant. This
payment was made on a confidential basis at the litigant’s solicitor’s request. As the Deputy will
understand, I cannot provide any further details as this would undermine and possibly breach the terms of
the payment.
13/12/2016WRH00500Emergency Works Scheme Applications
13/12/2016WRH00600200. Deputy Kevin O’Keeffe asked the Minister for Education and Skills the
position regarding the provision of funding which is urgently required for a school (details supplied) in
County Cork. [39646/16]13/12/2016WRH00700Minister for Education and Skills (Deputy Richard
Bruton):
I wish to advise the Deputy that funding has already been approved by my Department under the
Emergency Works Grant Scheme (EWGS) for various works for a building on the school site, referred to,
that was not impacted by the fire and hence not covered by the school’s insurance. Following a site visit
by my Department officials, a further EWGS application has been received from the school concerned for
further works to that building. This application is currently under consideration and a decision in the
matter will issue directly to the school authority shortly.
13/12/2016WRH00800Minor Works Scheme Applications13/12/2016WRH00900201. Deputy John
McGuinness asked the Minister for Education and Skills if all of the minor works grants approved for
schools will be paid by the end of December 2016. [39721/16]13/12/2016WRH01000Minister for
I am pleased to inform the Deputy that the Minor Works Grant 2016/2017 has recently been issued to
schools in the primary sector.
13/12/2016WRH01100Special Educational Needs13/12/2016WRH01200202. Deputy Michael Healy
Rae asked the Minister for Education and Skills the status of an application for assisted technology in
respect of a person (details supplied); and if he will make a statement on the matter. [39724/16]
13/12/2016WRH01300Minister for Education and Skills (Deputy Richard Bruton):
I can confirm that following receipt of all necessary documentation and consideration of the application,
officials from my Department have issued sanction to the school for funding in respect of assistive
technology for the child in question, in accordance with my Department’s Circular 0010/2013.
13/12/2016WRH01400Youth Services13/12/2016WRH01500203. Deputy Mick Barry asked the Minister
for Education and Skills the guidelines that exist for staff in Youthreach centres designated as centres of
education in circular letter No. F49/04, who are confronted with physical altercations between students in
the classroom and during times of supervision, from the point of view of the teacher employing
reasonable force to stop an altercation and, conversely, any liability that might be incurred on their part
for failing to intervene in such a scenario; and if he will make a statement on the matter. [39741/16]
13/12/2016WRH01600204. Deputy Mick Barry asked the Minister for Education and Skills if circular
letter M18/99 Guidelines on Violence in Schools, issued by his Department, is applicable to designated
centres of education as per circular letter number F49/04; and if he will make a statement on the
matter. [39742/16]13/12/2016WRH01700Minister of State at the Department of Education and
Skills (Deputy John Halligan):
Circular letter M18/99 provides guidelines on violence in schools for second level schools and is not
applicable to designated centres of education.
The Operator Guidelines for the Youthreach Programme provide that all centres should have in place an
up to date health and safety statement, based on the ETB master statement and that staff should
implement health and safety procedures as required by legislation including all of the requirements of the
Safety, Health and Welfare at Work legislation.
The Guidelines include information for centres on the development of codes of behaviour that outline
expectations for learner behaviour and indicate that learners joining the programme should be made
aware of the code and commit to following it. The Guidelines recommend that all participants (and their
parents if they are under 18) sign a contract on recruitment setting out the responsibilities of the
programme and registering their commitment to observe the code of behaviour. The guidelines set out a
range of issues that should be included in the contract which includes health and safety and also provision
for the suspension or expulsion of learners where the safety and welfare of staff or learners is a concern.
Supporting good behaviour among learners is a core element of the programme provided in Youthreach.
Information on how staff should deal with behaviour problems are included in the Guidelines,
acknowledging that prevention is important and that staff may require training in order to respond
appropriately.
The Guidelines indicate that the support of staff and the maintenance and development of skills are the
responsibility of Education and Training Boards (ETBs). Training in this area may be carried out under
the CPD allocation made by ETBs.
13/12/2016WRH01800Site Acquisitions13/12/2016WRH01900205. Deputy Darragh O’Brien asked
the Minister for Education and Skills the status of the provision of a new site for a school (details
supplied) as announced in November 2015; and if he will make a statement on the matter. [39849/16]
As the Deputy may be aware, a project for a new school building for the school to which he refers is
included on my Department’s capital programme.
Officials in my Department have been liaising with officials in the relevant Local Authority under the
Memorandum of Understanding for the acquisition of school sites in relation to the procurement of a site
to accommodate the school. A preferred site option has been identified and officials are working to
advance its acquisition.
Due to the commercial sensitivities which attach to site acquisitions generally I am unfortunately not in a
position to provide further information at this time. However, the patron of the school in question will be
informed of the location as soon as it is possible to do so.
13/12/2016WRH02100Emergency Works Scheme Applications
13/12/2016WRH02200206. Deputy Éamon Ó Cuív asked the Minister for Education and Skills when a
decision will be made on an application for funding for emergency works by a school (details supplied);
and if he will make a statement on the matter. [39853/16]13/12/2016WRH02300Minister for Education
and Skills (Deputy Richard Bruton):
The application to which the Deputy refers is under review in my Department. A decision will be taken as
quickly as possible and the school will be notified directly of the outcome.
13/12/2016WRH02400Third Level Funding13/12/2016WRH02500207. Deputy Thomas Pringle asked
the Minister for Education and Skills if he will ensure that an income contingent loan system is not put in
place considering the effects this will have on students from rural counties who have to factor in high
transport, accommodation and living costs; and if he will make a statement on the matter. [39859/16]
The Report of the Expert Group on Future Funding for Higher Education, published in July,
identifies incomecontingent loans as being one of the possible options for the future funding of the
higher education sector. Other options include a predominantly Statefunded system or a Statefunded
system supplemented with continuing student fees.
As committed to in the Programme for Government, I have referred the report to
the Oireachtas Education Committee and this engagement will form part of the process for formulating a
plan for the future funding of the sector. I do not want to preempt the work of the Committee, however,
I look forward to working with it as it analyses all of the options put forward by the Expert Group and
hears the voice of all stakeholders.
While Cassells deals with the medium and long term funding needs of higher education we also have to
consider the immediate challenges and in that context I am pleased that we placed a particular focus on
this area in Budget 2017. I secured additional funding for the sector for the first time in recent years. In
2017 an additional €36.5 million will be made available with €160 million additional over the next three
years. This will allow the sector keep pace with demographic increases and introduce targeted initiatives
in areas such as disadvantage, skills, research and flexible learning. Among those who will benefit from
the additional third level funding being made available are, students from disadvantaged backgrounds,
lone parents and Travellers.
In Budget 2017 the Minister for Public Expenditure and Reform and I, announced a policy review with
the aim of designing and implementing a sustainable and predictable multiannual funding model for
higher and further education and training involving increased Employer and Exchequer contributions
from 2018. This review will be undertaken as part of the overall response to meeting the anticipated skills
needs in the economy over the coming years, in line with the policy framework set out in the National
Skills Strategy.
This review will include an analysis of the business case for enhanced investment in the higher and
further education and training sectors. In this context it will identify key elements of the new funding
model and of the expected impacts including those on employers. The review will include consultation
with stakeholders.
The policy review will be published by the end of April 2017, and will complement the ongoing work by
the Oireachtas Committee in relation to the Cassells report.
13/12/2016WRH02700Departmental Legal Cases13/12/2016WRH02800208. Deputy Peadar
Tóibín asked the Minister for Education and Skills if his Department has been involved in any court
proceedings that involved nondisclosure agreements in the past five years; and, if so, if the specific court
I can confirm to the Deputy that my Department has been involved in court proceedings in the past five
years that involved nondisclosure agreements. As cases may involve sensitive matters regarding minors,
the terms of the settlement and/or the identity of the minor may be covered by such nondisclosure
agreements.
13/12/2016WRH03000Site Acquisitions13/12/2016WRH03100209. Deputy Fergus O’Dowd asked
the Minister for Education and Skills his views on the issues raised in correspondence (details supplied)
regarding a petition; and if he will make a statement on the matter. [39878/16]
The correspondence to which the Deputy refers relates to the provision of a site to facilitate a school
building project which is included on my Department’s capital programme.
Officials in my Department have engaged with officials in the relevant Local Authority under the
Memorandum of Understanding for the acquisition of school sites in relation to the procurement of such a
site. A number of site options were comprehensively assessed and a preferred site option has been
identified. Officials are currently working to progress this matter.
13/12/2016WRH03300Student Grant Scheme Appeals13/12/2016WRH03400210. Deputy Kevin
O’Keeffe asked the Minister for Education and Skills if he will investigate a case which has arisen in
relation to a person (details supplied) and their higher education grant application to SUSI. [39889/16]
As part of a comprehensive customer service and communications strategy provided by Student Universal
Support Ireland (SUSI), to ensure that all necessary avenues are open to applicants to receive the
information they need, a dedicated email and phone line service is provided by SUSI for Oireachtas
members. This was established to meet an identified need for applicants who choose to engage the
assistance of their public representatives in making enquiries about their grant applications.
This service complements the established channels provided by SUSI which include online application
tracking, a dedicated website, a telephone helpdesk, email and social media, including Facebook and
Twitter.
Enquiries may be emailed direct to SUSI at oireachtas@susi.ie. Staff in SUSI are responding to email
queries within a matter of days.
If an individual applicant considers that she/he has been unjustly refused a student grant or that the rate of
grant awarded is not the correct one, she/he may appeal, in the first instance, to SUSI.
Where an individual applicant has had an appeal turned down in writing by SUSI and remains of the view
that the scheme has not been interpreted correctly in his/her case, an appeal form outlining the position
may be submitted by the applicant to the independent Student Grants Appeals Board within the required
timeframe.
13/12/2016WRH03600Disadvantaged Status13/12/2016WRH03700211. Deputy Billy Kelleher asked
the Minister for Education and Skills if the DEIS programme is under review by his Department; if so,
the details of the review; the length of time it will take; the measures he expects to implement on its
completion; and if he will make a statement on the matter. [39957/16]13/12/2016WRH03800Minister for
As the Deputy may be aware, a process to review the DEIS Programme, which began last year is nearing
completion and it is the my intention to publish a new Action Plan for Educational Inclusion in the
coming weeks.
The review process is looking at all aspects of DEIS, including the range and impact of different elements
of the School Support Programme, the potential for innovation within and between schools and its scope
for increased integration of services provided by other Departments and Agencies, in order to improve
effectiveness.
Among the measures to be included in the plan are a series of pilot schemes aimed at introducing
measures, which have been shown to work well in improving results for disadvantaged children and
students. The plan is expected to include targeted measures in the area of:
School leadership
School networks and clusters
Teaching methodologies
Integration of schools and other State supports within communities
Greater use of Home School Community Liaison services
A new assessment framework is also being developed using centrally held CSO and DES data for the
identification of schools for inclusion in a new Programme. The number of schools to receive supports
under a new School Support Programme will be determined by this proposed new identification process,
which will assess all schools in the country. Schools will not be required to submit an application for
assessment as the methodology being applied involves the use of centrally held data already available
to my Department.
Implementation of actions arising from the Action Plan for Educational Inclusion will begin in the
2017/18 school year, and will be a continuing theme in our wider Annual Action Plan for Education.
Further information on the DEIS Review process is available on the Department’s website at
http://www.education.ie/en/SchoolsColleges/Services/DEISDeliveringEqualityofOpportunityin
Schools/.
13/12/2016WRH03900School Accommodation Provision13/12/2016WRH04000212. Deputy Thomas P.
Broughanasked the Minister for Education and Skills his plans to provide an urgently needed new second
level school in the north fringe, Dublin city council and south fringe, Fingal county council districts; and
if he will make a statement on the matter. [39972/16]13/12/2016WRH04100Minister for Education and
The areas to which the Deputy refers takes in a number of School Planning Areas, including Portmarnock
and DonaghmedeHowth. These defined school planning areas facilitate the orderly planning of school
provision and accommodation needs. The Department uses a Geographical Information System (GIS) to
identify where the pressure for school places will arise. The GIS uses data from the Central Statistics
Office, Ordnance Survey Ireland and the Department of Social Protection, in addition to the Department’s
own databases. With this information, the Department carries out nationwide demographic analyses at
primary and post primary level to determine where additional school accommodation is needed.
On foot of the last nationwide demographic analyses, the establishment of four new primary schools and
nine new postprimary schools to open in 2017 and 2018 was announced. One of the new 1,000pupil
postprimary schools will serve the Swords school planning area and one will serve the Malahide and
Portmarnock school planning areas, which are adjacent to the school planning areas which cross the
Dublin Bay North area and will provide regional solutions. As part of this announcement, it was also
stated that a range of areas nationwide are experiencing increased demographic pressure and will be kept
under ongoing review by the Department and that new schools may be necessary in the years after 2018
at postprimary level. NorthWest Dublin City and the Dublin 13 and Dublin 17 areas are included in this
ongoing review.
13/12/2016WRH04200Teachers’ Remuneration13/12/2016WRH04300213. Deputy Michael Healy
Rae asked the Minister for Education and Skills the status of the case of a person (details supplied) who is
seeking an upgrade to salary; and if he will make a statement on the matter. [40013/16]
The Government implemented a recruitment and promotion moratorium across the civil and public sector
which included the civil service, local authorities, noncommercial state bodies with effect from 27
March, 2009. These measures had an impact for schools in relation to the filling of promotional posts
other than those of Principal and Deputy Principal. This is set out in departmental Circular 0022/2009
entitled ‘Implementation of Moratorium on Promotions in the Public Service’.
To date, this moratorium remains in place. This post is covered by the moratorium. There can be no
change to the decision unless it is sanctioned by the Department of Public Expenditure and Reform as
part of a wider determination on the lifting of the moratorium which would be linked to other sectors in
the public service.
13/12/2016WRH04500Third Level Funding13/12/2016WRH04600214. Deputy Thomas Byrne asked
the Minister for Education and Skills the exact distribution of increased third level funding announced in
the recent budget. [40039/16]13/12/2016WRH04700Minister for Education and Skills (Deputy Richard
Bruton):
Funding of the Higher Education Sector is a key concern for me particularly in light of the additional
pressure that will fall on the system over the next decade or so. In seeking to address the issue in the short
term, I have as part of Budget 2017 secured additional funding of 36.5m for the first time in nine years for
the sector.
As announced on Budget Day, this will include over 3000 students from disadvantaged groups will
benefit from an additional package of €8.5million to support more disadvantaged students, including lone
parents and Travellers, to attend higher level. This includes the introduction of full maintenance grant
(worth almost €6000) from September 2017 for 1100 postgraduate students in the lowest income
category. New targeted initiatives to provide skills, and additional flexible learning places.
Funding to commence a New Frontiers Research Programme and a new initiative to attract worldleading
researchers in the context of Brexit for the first time in recent years, specific additional funding is being
allocated for 2017, 2018 and 2019 to cover the impact of increasing enrolments. Funding for 2017 will
support 179,000 fulltime enrolments, provision for expansion in apprenticeship, provision to implement
the new International Education Strategy and increase the value of the sector by €500million per year and
attract 37,000 additional students by 2020.
In addition, in Budget 2017 the Minister for Public Expenditure and Reform and I, announced a policy
review with the aim of designing and implementing a sustainable and predictable multiannual funding
model for higher and further education and training involving increased Employer and Exchequer
contributions from 2018. The review will be undertaken as part of the overall response to meeting the
anticipated skills needs in the economy over the coming years, in line with the policy framework set out
in the National Skills Strategy.
It will include an analysis of the business case for enhanced investment in the higher and further
education and training sectors. In this context it will identify key elements of the new funding model and
of the expected impacts including those on employers. The review will include consultation with
stakeholders. The policy review will be published by the end of April 2017, and will complement the
ongoing work by the Oireachtas Committee in relation to the Cassells report.
13/12/2016WRH04800Teaching Contracts13/12/2016WRH04900215. Deputy John Curranasked
the Minister for Education and Skills the way in which he plans to address the anomaly whereby teachers
who have taught outside of the EU are capped at seven years’ credits, while teachers who have taught in
other countries inside the EU receive credits on a year for year basis; and if he will make a statement on
the matter. [40055/16]13/12/2016WRH05000216. Deputy John Curran asked the Minister for Education
and Skills if he will review Circular 10 of 2001, in particular section 4.2 thereof, which caps credit in
respect of service given in States outside the EU at seven years; and if he will make a statement on the
matter. [40058/16]13/12/2016WRH05100217. Deputy Gino Kenny asked the Minister for Education and
Skills the way in which he will address the anomaly whereby teachers that have taught outside of the EU
are capped at seven years’ credits, while teachers that have taught in other countries inside the EU receive
credits on a year for year basis; and if he will make a statement on the matter. [40061/16]
13/12/2016WRH05200218. Deputy Gino Kenny asked the Minister for Education and Skillsif his
Department will review Circular 10 of 2001, in particular section 4.2 thereof, which caps credit in respect
of service given in states outside the EU at seven years; and if he will make a statement on the
matter. [40062/16]13/12/2016WRH05300Minister for Education and Skills (Deputy Richard Bruton):
The criteria for the award of incremental credit to recognised primary teachers under Circular 10/2001
was agreed under the auspices of the Teachers Conciliation Council. This Council is comprised of
representatives of teachers, school management, the Department of Public Expenditure and Reform, the
Department of Education and Skills and is chaired by an official of the Workplace Relations Commission.
Therefore the issue of teaching service given outside the EU would need to be considered at the Teachers
Conciliation Council, in the first instance.
13/12/2016WRH05400Earcaíocht agus Soláthar Foirne Tríú Leibhéal
13/12/2016WRH05500219. D’fhiafraigh Deputy Thomas Byrne den an Aire Oideachais agus
Scileanna an bhfuil dualgas sa dlí ar Bhord Ollscoil na hÉireann, Gaillimh, uachtarán a bhfuil Gaeilge
líofa aici nó aige a fhostú; agus an ndéanfaidh sé ráiteas ina thaobh. [40074/16]
Mar is eol don Teachta, is comhlachtaí neamhspleácha iad institiúidí Tríú Leibhéal agus is ar Bhoird
Rialaithe agus ar fhoireann bhainistíochta na ninstitiúidí bainteacha atá freagracht as cúrsaí oibríochta
laethúla, lena náirítear ceisteanna a bhaineann le gnásanna earcaíochta agus roghnúcháin.
Maidir leis an gceist áirithe atá idir lámha, tá curtha in iúl ag an Ollscoil dom go mbeidh folúntas ann i
leith Uachtaránacht OÉ Gaillimh i mí Eanáir 2018. Le déanaí, chuir an Ollscoil tús le hullmhúchán chun
comórtas a eagrú le hUachtarán nua a cheapadh. Sa chomhthéacs sin, tionóladh cruinniú d’Údarás na
hOllscoile Dé hAoine 2 Nollaig 2016 agus rinneadh cinneadh comhthola gan leanúint de riachtanas
cumas sa Ghaeilge a bheith ag sealbhóir an phoist.
Is den tábhacht a shonrú nach néilítear in Acht na nOllscoileanna, 1997 ná in Acht an Choláiste
Ollscoile, Gaillimh (Leasú), 2006 cumas Gaeilge a bheith ag Uachtarán OÉ Gaillimh. Is ceanglas de
chuid an reachta Ollscoile infheidhme reatha é an riachtanas cumas Gaeilge a bhaineann leis an
Uachtarán reatha. Tá Údarás na hOllscoile i dteideal, faoi alt 33 d’Acht na nOllscoileanna, 1997,
reachtanna nua a dhréachtú agus reachtanna reatha a leasú de réir mar a mheasann sé bheith riachtanach.
Is í an réasúnaíocht atá taobh thiar den chinneadh seo chun an reacht reatha Uachtaránachta faoi mar a
bhaineann sé leis an nGaeilge a leasú, riar ar an léiriú spéise is iomláine in Éirinn agus thar lear sa
chomórtas Uachtaránachta atá le teacht. Tá ceanglas ar an Ollscoil faoi alt 18 (2) d’Acht na
nOllscoileanna, 1997, rannpháirtíocht a chinntiú i bpróiseas roghnúcháin na hUachtaránachta ag iarrthóirí
ardcháilíochta ón taobh istigh agus ón taobh amuigh den Ollscoil araon. Tá an ollscoil rangaithe faoi
láthair i measc an 250 ollscoil is fearr ar domhan ag Ranguithe Ollscoileanna an Domhain 2016/2017 an
TIMES HIGHER EDUCATION agus ag Ranguithe Ollscoileanna an Domhain 2016/2017 an QS. Ar an
mbonn sin, tá an Ollscoil ag dúil go gcuirfidh réimse suntasach d’iarrthóirí, idir inmheánach agus
sheachtrach, iarrthóirí idirnáisiúnta san áireamh, suim san fholúntas le haghaidh Uachtarán nua.
Ní mór a chuimhneamh freisin go bhfuil freagrachtaí reachtúla ar leithligh ar OÉ Gaillimh maidir le cur
chun cinn agus saothrú na Gaeilge ar an gcampas agus i bpobail Ghaeltachta. Feidhmítear é seo go
príomha trí obair thábhachtach Acadamh na hOllscolaíochta. Feidhmíonn sé go hiomlán trí mheán na
Gaeilge agus tá sé freagrach as forbairt agus soláthar cláir acadúla, taighde agus seirbhísí eile trí mheán
na Gaeilge. Is in Acht an Choláiste Ollscoile, Gaillimh, 1929 a leagadh amach den chéad uair tiomantas
na hOllscoile i leith na Gaeilge agus athdhearbhaíodh é seo in Acht an Choláiste Ollscoile, Gaillimh
(Leasú), 2006. Maítear sa dara hAcht gur bunaidhm i gcomhair oibríocht agus fhorbairt an Choláiste
soláthar oideachais sa Choláiste trí mheán na Gaeilge agus go léireofar an dualgas reachtúil seo san uile
phlean straitéiseach a fhorbróidh an Ollscoil. Faoin Acht is ar ‘Údarás Rialaithe agus Uachtarán an
Choláiste’ a thiteann sé, trína bhfeidhmeanna féin faoi seach agus trí chur i bhfeidhm a gcumhachtaí féin
faoi seach, a chinntiú go ngnóthaítear an bhunaidhm faoi mar atá leagtha amach san Acht.
Ar an mbonn sin, beag beann ar cé acu atá nó nach bhfuil cumas sa teanga ag Uachtarán na hOllscoile, tá
ceanglas air/uirthi bheith i gceannas ar phobal na hOllscoile agus é ag feidhmiú pholasaí Gaeilge an Stáit
agus na hOllscoile go cuimsitheach.
13/12/2016WRH05700Teacher Exchange Scheme13/12/2016WRH05800220. Deputy Thomas
Byrne asked the Minister for Education and Skills his plans to initiate a teacher job exchange programme
for permanent exchange as opposed to temporary exchange. [40114/16]13/12/2016WRH05900Minister
for Education and Skills (Deputy Richard Bruton):
The provisions of the teacher exchange scheme are set out by my Department in Circular Letter
0017/2015 the contents of which were agreed under the auspices of the Teacher Conciliation Council.
The Teacher Conciliation Council is part of the scheme of Conciliation and Arbitration for Teachers and
was set up to deal with claims and proposals relating to the Terms and Conditions of employment of
teachers. The Council is composed of representatives of teachers, school management, the Department of
Education and Skills, the Department of Public Expenditure and Reform and is chaired by an official of
the Workplace Relations Commission.
The Teacher Exchange scheme is open to primary teachers who are registered with the Teaching Council,
have completed probation and who wish to exchange their posts for educational purposes. Educational
purposes would include enabling teachers in primary schools to gain experience of teaching in different
types of settings. The concept is that teachers will gain a different experience, enrich their knowledge and
understanding of their professional work and share this understanding with colleagues.
The minimum period for which an exchange may occur is one year and the maximum is five years.
In the current year the issue of this limit and the purpose of the scheme was reviewed under the auspices
of Teachers Conciliation Council. Having considered the matter in detail and taking into account all
circumstances both the union and management partners considered that their preferred option is to retain
the existing scheme as set out in the published circular.
Available teaching posts are to be filled by redeployment, in the first instance, in accordance with the
redeployment schemes or by the agreed recruitment and appointment procedures as published in
Governance Manual for Primary Schools 2015 – 2019.
13/12/2016WRH06000Legislative Programme13/12/2016WRH06100221. Deputy Michael
Moynihan asked the Minister for Education and Skills the name and number of Bills in preparation in his
Department and published by his Department since May 2016; the Stage each Bill is at in the Houses of
the Oireachtas; the number of Bills from his Department signed into law; and if he will make a statement
on the matter. [40133/16]13/12/2016WRH06200Minister for Education and Skills (Deputy Richard
Bruton):
There are eight Bills at various stages in my Department, as indicated on the Legislation Programme
published by the Chief Whip’s Office. Details on these bills are given below.
There are two Bills before the Oireachtas.
The Technological Universities Bill has completed Second Stage in the Dáil.
The Education (Admission to Schools) Bill was published in July 2016 and completed Second Stage in
the Dáil in November 2016.
The General Scheme of the Education (Parent and Student Charter) Bill was published on 5 December
2016. It has been referred to the Oireachtas Committee on Education for prelegislative scrutiny.
Work on drafting the following Bills is under way in my Department.
Universities (Amendment) Bill.
Qualifications and Quality Assurance (Amendment) Bill.
Retention of Records Bill.
Higher Education (Reform) Bill.
Education (Miscellaneous Provisions) Bill.
Since May 2016, I have signed 7 Commencement Orders in relation to the Teaching Council Act 2001.
These were Statutory Instruments numbers 407, 408, 410, 411, 444, 556 and 557.
13/12/2016WRH06300Departmental Staff Redeployment13/12/2016WRH06400222. Deputy Marc
MacSharry asked the Minister for Education and Skills if he will provide all examples of entire units that
have been recentralised back to Dublin from within his Department; his Department’s rationale for such
moves; and if Cabinet approval was sought and given in each case. [40476/16]
There are no examples of the scenario described by the Deputy in his question.
13/12/2016WRJ00100Tribunals of Inquiry Expenditure13/12/2016WRJ00050223. Deputy Thomas P.
Broughan asked the Minister for Housing, Planning, Community and Local Government the total cost to
the State to date of the Flood Mahon tribunal; and if he will make a statement on the matter. [39414/16]
13/12/2016WRJ00400Minister for Housing, Planning, Community and Local Government (Deputy
Simon Coveney) (Deputy Simon Coveney):
The Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal) was
established by Order of the Minister for the Environment and Local Government to inquire into and
report on various planning matters, set out in resolutions passed by Dáil Éireann and Seanad Éireann on 7
and 8 October 1997, respectively.
The final report of the Tribunal was published in March 2012, with Volume V (Chapter 19 The
Carrickmines Module) of the Final Report published on 31 July 2013.
The following table sets out details of the amounts paid by my Department in respect of the Tribunal’s
costs which total €119,534,923 up to 28 November 2016.:
YEAR ADMINISTRATION LEGAL FEES COURT COSTS 3rdPARTY
COSTS TOTAL € € € € € 1997 395,698 0 0 0 395,698 1998 1,026,3721,856,794 0 0 2,883,166 1999 1,13
7,717 2,481,365 0 0 3,619,082 2000 1,608,085 2,401,482 1,011,264 0 5,020,831 2001 2,359,882 3,354,13
0 192,215 0 5,906,227 2002 2,557,0713,087,483 222,854 0 5,867,408 2003 2,554,434 4,174,443 23,898 0
6,752,775 2004 2,872,195 4,217,340 67,254 0 7,156,789 2005 2,513,027 5,899,775 80,144 44,500 8,537,4
46 20062,803,828 5,747,046 999,534 6,623,570 16,173,978 2007 2,817,566 5,792,147 430,607 1,431,277
10,471,597 2008 2,607,203 5,523,611 1,004,369 2,101,169 11,236,352 2009 1,832,4582,723,581 726,307
627,526 5,909,872 2010 1,383,365 1,580,246 76,076 241,381 3,281,068 2011 1,572,829 1,064,688 1,437,
086 62,072 4,136,675 2012 1,432,776 844,220 418,486 586,0763,281,558 2013 714,200 561,848 124,649
3,919,916 5,320,613 2014 462,312 348,369 323,434 4,191,443 5,325,558 2015 266,915 348,635 67,650 4,
057,123 4,740,323 2016 Jan
Nov246,741 394,081 0 2,877,085 3,517,907 Totals 33,164,674 52,401,284 7,205,827 26,763,138 119,534
,923
13/12/2016WRJ00500Fire Safety Regulations13/12/2016WRJ00600224. Deputy Aengus Ó
Snodaigh asked the Minister for Housing, Planning, Community and Local Government the persons or
bodies that specifically hold responsibility for ensuring tenants adhere to fire safety regulations within
council properties. [40290/16]13/12/2016WRJ00700258. Deputy Aengus Ó Snodaigh asked the Minister
for Housing, Planning, Community and Local Government the body that specifically holds responsibility
for ensuring tenants adhere to fire safety regulations within council properties. [40101/16]
13/12/2016WRJ00800Minister for Housing, Planning, Community and Local
Government (Deputy Simon Coveney):
The Building Regulations 19972014, in particular Part B Fire Safety, impose requirements in relation to
fire safety in the construction of new buildings and works to existing buildings. However, there are no
regulations imposing requirements on the tenants of residential properties.
Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented
Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment)
Regulations 2009.
The Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary
facilities, heating, ventilation, natural light and fire safety. With very limited exemptions, these
regulations apply to local authority and voluntary housing units as well as private rented residential
accommodation.
Article 11 relates specifically to fire safety and the requirements with regard to houses and multiunit
buildings and provides that
a house shall contain a fire blanket and either a mainswired smoke alarm or at least two 10year self
contained batteryoperated smoke alarms.
each selfcontained unit in a multiunit building shall contain a mainswired smoke alarm, a fire blanket
and an emergency evacuation plan.
emergency lighting shall be provided in all common areas within a multiunit building.
It is open to a local authority to include a condition in a tenancy agreement in relation to the notification
of defects in a smoke alarm to the local authority.
13/12/2016WRJ00900Social and Affordable Housing Eligibility
13/12/2016WRJ01000225. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning,
Community and Local Government if he will take the high rents in Dún Laoghaire Rathdown and their
impact on families into consideration and instruct the local authority to employ flexibility with income
limits in the assessment of eligibility for social housing; and if he will make a statement on the
matter. [39391/16]13/12/2016WRJ01100Minister for Housing, Planning, Community and Local
For the purpose of assessing households under the income eligibility criteria, the Social Housing
Assessment Regulations 2011 prescribe the maximum net income limits that can be set by each housing
authority to be applied in assessing an applicant’s eligibility for social housing support. The 2011
Regulations do not provide housing authorities with any discretion to exceed the thresholds that apply to
their administrative areas.
Income is assessed under the Household Means Policy, which applies in all housing authorities. Under
the policy, net income for social housing assessment is defined as gross household income less income
tax, PRSI and the universal social charge. The policy provides for a range of income disregards, and
housing authorities also have discretion to disregard income that is temporary, shortterm or once off in
nature.
I am satisfied that the current income limits generally provide for a fair and equitable system of
identifying those households unable to provide accommodation from their own resources. However, these
limits will continue to be kept under review by my Department, as part of the broader social housing
reform agenda set out in Social Housing Strategy 2020.
13/12/2016WRJ01200Commercial Rates13/12/2016WRJ01300226. Deputy Brendan Smith asked
the Minister for Housing, Planning, Community and Local Government his plans to overhaul the present
commercial rates system; and if he will make a statement on the matter. [39398/16]
Local authorities are under a statutory obligation to levy rates on any property used for commercial
purposes in accordance with the details entered in the valuation lists prepared by the independent
Commissioner of Valuation pursuant to the Valuation Act 2001. The levying and collection of rates are
matters for each individual local authority.
Commercial rates form an important element of the funding of all local authorities. However, the
legislative basis for the levying of rates is spread over a number of enactments, some dating back to the
19th century. I have asked my Department to develop proposals for the preparation of a consolidated
Rates Bill to modernise and consolidate the legislation in this area. I hope to bring proposals in this area
to Government shortly.
13/12/2016WRJ01500Development Contributions13/12/2016WRJ01600227. Deputy Barry Cowen asked
the Minister for Housing, Planning, Community and Local Government the development contribution
scheme for each local authority, including the development contributions per square metre of residential
and of commercial property for each class of infrastructure development, in tabular form. [39402/16]
Section 48 of the Planning and Development Act 2000, as amended, provides the legislative basis for the
application of development contributions by local authorities. These contributions are applied as
conditions attached to planning permissions for the purpose of contributing to the costs associated with
the provision of public infrastructure and facilities benefitting development in the area of the planning
authority concerned.
In the case of residential development, for example, the development contributions applied – depending
on the floor area of a house can vary from approximately €10,000 per housing unit in the Dublin area to
€3,0004,000 in certain other local authority areas. Similar variations, but not quite of the same
magnitude, also apply in respect of commercial development.
Section 49 of the 2000 Act provides for the application of supplementary development contributions in
respect of ancillary public infrastructure or projects benefitting developments in specific areas. Such
supplementary development contributions are generally applied in respect of the provision of largescale
infrastructure such as road projects, connections to motorways and light rail facilities servicing specific
developments.
Details of the development contribution schemes applied by local authorities are published on their
respective websites, and include therein the detailed statistical information requested. It is not possible to
itemise the requested information into tabular form as differing development contribution charging
regimes are applied by local authorities , depending on local circumstances in terms of the charges
applied per square metre of residential and commercial development or for different classes of
infrastructure development.
13/12/2016WRJ01800Legislative Measures13/12/2016WRJ01900228. Deputy Brendan Griffin asked
the Minister for Housing, Planning, Community and Local Government his views on a matter (details
supplied) regarding the Planning and Development (Housing) and Residential Tenancies Bill 2016; and if
he will make a statement on the matter. [39449/16]13/12/2016WRJ02000Minister for Housing, Planning,
Community and Local Government (Deputy Simon Coveney):
Addressing the underprovision of housing is one of the key objectives in the Programme for a
Partnership Government and the Government has underpinned its commitment to tackling the housing
supply shortage by publishing Rebuilding Ireland – An Action Plan for Housing and Homelessness in
July.
The provisions of the Planning and Development (Housing) And Residential Tenancies Bill 2016 intend
to give early effect to a number of priority legislative measures in Rebuilding Ireland, including inter
alia:
the introduction of temporary fasttrack planning arrangements in respect of largescale housing
developments, and
introducing certain legislative amendments to enhance the functioning of the private rented sector.
Under the proposed new planning arrangements, planning applications for largescale housing
developments (100+ units), including student accommodation developments (200+ units), will be made
directly to An Bord Pleanála and determined within a specified timeframe. This is intended to provide
greater certainty for developers and facilitating the earlier provision of increased housing supply and
helping to address the current housing supply shortage situation.
Under the new arrangements, the local planning authority will retain a major role in the planning process
for large housing developments, with a statutory input into both the preplanning application
consultations conducted with the developer and the subsequent examination by the Board of the
substantive planning application, in terms of advising whether or not the proposed development is
broadly in compliance with the development plan or local area plan and is serviced by necessary
supporting infrastructure .
Furthermore, members of the public will continue to be able to make submissions to the Board about
applications for large housing developments in the same manner as currently applies in respect of
planning applications submitted to the local planning authority or appealed to the Board.
In relation to the rental sector, the Bill proposes amendments to the Residential Tenancies Acts. One of
the most significant proposals provides that, where a landlord proposes to sell multiple units within a
single multiunit development at the same time, the sale will be subject to the existing tenants
remaining in situ. The purpose of this provision is to prevent a future recurrence of situations where
numbers of residents in a single development have had their tenancies terminated simultaneously .
The Bill further improves security of tenure for tenants by providing for the abolition of a landlord’s
right, during the first 6 months of a further Part 4 tenancy, to terminate that tenancy for no stated ground.
This is an important amendment and one that has been welcomed both by those working with tenants and
those working to prevent homelessness. It also provides for a number of other early actions which will
enhance the Residential Tenancies Board’s enforcement and dispute resolution powers, including
accelerated dispute resolution timeframes.
As committed to in Rebuilding Ireland , the provisions in the Bill will be supplemented by a new Rental
Strategy, which I am launching today with a view to delivering a mature and stable rental sector,
providing a balance between the rights and responsibilities of landlords and tenants.
13/12/2016WRJ02100Departmental Expenditure13/12/2016WRJ02200229. Deputy Niall Collins asked
the Minister for Housing, Planning, Community and Local Government the total photography costs for
his Department per annum since March 2011 inclusive of costs incurred from use of the ministerial
allowance in tabular form; the occasions for which photographers were booked; the photographers used;
the breakdown of costs associated with each occasion that a photographer was used; if there is a policy
regarding the booking of photographers within his Department; and if he will make a statement on the
My Department engaged the services of photographers on a number of occasions since March 2011. The
details are set out as follows:
Year Event Photographer Cost 2011 Irelands Best Kept Towns Ceremony Maxwell
Photography €932 2011 Tidy Towns national Awards ceremony The Picture Rooms €600 2011 Meeting
of the National Directorate for Fire and Emergency Management Lensmen
Photography €302 2012 Launch of framework for Sustainable Development Maxwell
Photography €485 2012 Putting People First launch Maxwell Photography €363 2012 Launch of
CEDRA Maxwell Photography €170 2012 Minister Jan O’Sullivan visiting NAMA properties leased to
L/A, Scotch Hall, Drogheda Paul Connor Photography €172 2012 Long Service Awards for Fire
Personnel, including cost of providing print copies to 200+ award recipients Maxwell
Photography €3,429 2013 EU Presidency: Informal Council of EU Environment Ministers Clean Tech
Cluster Forum and Expo, Wood Quay Maxwell Photography €103 2013 EU Presidency: Senior Officials
Meeting of Water and Marine Directors, Dublin Castle Maxwell Photography €308 2013 Irelands Best
Kept Town Ceremony Maxwell Photography €448 2013 Min O’Sullivan visit to Fingal Co Co housing
insulation retro fit project in Corduff, Blanchardstown Maxwell Photography €362 2014 Launch of Social
Housing Strategy Maxwell Photography €551 2015 Rural policy launch in Caherciveen MacMonagle
Photography €369 2015 Social Housing Construction Programme Kenny Photo
Graphics €107.83 2015 Launch of Diversity Award 2015 Redmonds of Roscrea €246.00 2015 Ireland’s
Best Kept Town Awards Lensmen Press & Public Relations Photographic
Agency €239.85 2015 Photograph of Minister Alan Kelly and Pope Francis at the EU Environment
Minister s ’ meeting on Climate Change in the Vatican Information not available €80 2015 Photographs of
Dublinbased senior managers for the Whodoeswhat.gov.ie website Lafayette Graduation
Services €326.91 2015 Photographs of Wexfordbased senior managers for the Whodoeswhat.gov.ie
website Gerard Hore Photography €184.50 2016 Photographs of Ballinabased senior managers for the
Whodoeswhat.gov.ie website Corrine Beatty Photography €90 2016 Announcement of ERDF grant
assistance to local authority capital works under the Designated Urban Centres Grants Scheme 2014 –
2020 Maxwell Photography €602.70 2016 Launch of the 20162020 Fire Services Capital
Programme Maxwell Photography €430.50 2016 Material for public display in the reopened Custom
House Visitor Centre Maxwell Photography €308.42 2016 Announcement of €25m for the first phase of
the Dolphin House Regeneration Project Maxwell Photography €413.28
My Department’s Press Office generally provides photographic services. However, if external
photography services are required, they are obtained in line with the WholeofGovernment Optional
Framework for Photography Services, details of which are available from the Office of Government
Procurement.
13/12/2016WRJ02400Consultancy Contracts Expenditure13/12/2016WRJ02500230. Deputy Niall
Collins asked the Minister for Housing, Planning, Community and Local Government the external
consultant reports commissioned by his department since March 2011 per annum in tabular form; the
costs per report; the company involved; the title of the report; and the publication date. [39485/16]
The information requested is set out in the following table:
Year Commissioned Consultant/Author etc. Name/Description of Report/Review/Study Date or Expected
Date of Publication Amount Spent Since March 2011 2011 ARUP Consulting Engineers Study in respect
of provision of fire detection and alarms systems in dwellings. Not intended for publication. It is a
technical report, to inform work in the Department. €29,935 2011 Barrow Archaeological
Services Archaeological reports on Met Éireann site at Valentia. Not intended for publication as it is a
technical report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring
Facility. €1,210 2011 Building Research Establishment Ltd Retrofitting Code of Practice. Published
March 2014. (1) €21,190 2011 Dr. Eoin O’Sullivan, Trinity College Dublin Review of the Homeless
Strategy 20082013. Published November 2012. €6,000 2011 Housing & Sustainable Communities
Ltd. Toolkit for Local Authorities on regeneration. Not intended for publication. This was a report
intended to provide assistance to Local Authorities in drawing up proposals for the regeneration of their
areas. €12,300 2011 Malachy Walsh & Partners EIS Screening Report for site at Valentia. Not intended
for publication as it is a technical report relating to a site on Valentia Island where Met Éireann are
building an Air Monitoring Facility. €6,336 2011 Marine Institute Marine Strategy Framework Directive
(1) Initial Assessment; (2) Development of a Monitoring Programme; and (3) Development of a
Programme of Measures necessary to achieve Good Environmental Status in Irish Marine Waters. (1)
Initial Assessment the technical report was published on the Department’s website in Q2 2013 and the
summary report was published in Q4 2013. (2) Monitoring Programme – sent to the EU Commission in
April 2015. (3) Drawing up of programme of Measures completed and published July 2016. (2)
€2,676,479 2011 Murtagh & Partners Review of Dublin Region Homelessness Services and Funding in
2011. Published October 2011. €27,800 2011 National Standards Authority of Ireland (NSAI) Audit
reports for ISO9001:2008 in 2011 and 2012. Not intended for publication. These reports are for internal
use only as an input for ongoing development of a Divisional Quality Management
System. €6,699 2011 Price Waterhouse Coopers Independent assessment on establishment of National
Water Utility. Irish Water Phase 1 report and appendices published January 2012. Implementation
Strategy published December 2012. €179,584 2011 Pyrite Panel Report of the Pyrite Panel Independent
report to provide options for the Minister to deal with the pyrite problem. Published July
2012. €22,719 2012 AECOM Cost optimal study for nondomestic buildings. Published March
2013. €53,517 2012 DKM Economic Consultants Review of Part V of the Planning and Development Act
2000. Published July 2013. €39,690 2012 Economic and Social Research Institute (ESRI) Analysis
of Property Tax Options a report to the Interdepartmental Expert Group on Property Tax. Published
December 2012. €60,280 2012 Flynn Furney Consultants Ltd. Environmental Management Services re:
review of CEMP at Valentia Site (Method Statement). Not intended for publication as it is a technical
report relating to a site on Valentia Island where Met Éireann are building an Air Monitoring
Facility. €3,167 2012 Glas Ecology Environment Management Plan (Breeding Chough and Peregrine
Survey, Valentia Island, Co. Kerry). Not intended for publication as it is a technical report relating to a site
on Valentia Island where Met Éireann are building an Air Monitoring
Facility. €4,920 2012 Housing and Sustainable Communities Agency Review of leasing
model. Not Intended for publication. Report for internal use only. €1,937 2012 Indecon Feasibility
study on a Tenancy Deposit Protection Scheme. Published November 2012. (3) €42,706 2012 Mr. Hendrik
W van der Kamp Independent Evaluation of the Planning Review Report 2012. Published January
2013. €12,096 2012 Mr. Seamus Woulfe SC Review of the management by the Department of an
application by Wicklow County Council for loan approval in respect of the compulsory purchase of land
at Charlesland, Co. Wicklow Phase 1. Published March 2012. €19,680 2012 Mr. Seamus Woulfe
SC Review of the compulsory acquisition of land by Wicklow County Council at Charlesland, Co.
Wicklow Phase 2. Published April 2013. €49,200 2012 Munster Archaeology Report on archaeological
investigation/survey of Met Éireann site at Valentia. Not intended for publication as it is a technical report
relating to a site on Valentia Island where Met Éireann are building an Air Monitoring
Facility. €47,289 2012 Padraic Thornton Planning & Environmental Consultancy Preparation of EIA
Guidelines. Published March 2013. €7,200 2012 Version 1 Evaluation of ICT Disaster Recovery
configuration and capability. Internal Management Report. Not intended for
publication. €9,363 2013 Economic and Social Research Institute (ESRI) Affordability aspects of the
provision of water services in Ireland and subsequent analysis. Published in May 2014 as Appendix 2 and
Appendix 5 of the “Report of the InterDepartmental Working Group on Affordability
Measures”. €57,655 2013 Environmental Protection Agency (EPA) Article 29(2) Report on Progress on
Implementation of the EC (Good Agriculture Practices for the Protection of Waters) Regulations
2010. Published April 2014. Nil 2013 Garrett Fennell Solicitor Independent Review of the registration
arrangements for Architects under the Building Control Act 2007. Published on the Department’s
website. Nil (report produced on a probono basis) 2013 Housing and Sustainable Communities
Agency Review of CALF assessment process. Not Intended for publication. Report for internal use
only. €11,675 2013 Housing and Sustainable Communities Agency Business Process Design of the
Housing Assistance Payment. Not Intended for publication. Report for internal use
only. €54,938 2013 Indecon Assessment of Potential Merits of New Initiative re Purchase of Local
Authority Houses by Existing Tenants. This report is available on request from the Department. Nil (report
produced on a probono basis) 2013 KW Research & Associates NTACC Research into why Travellers
leave Travellerspecific accommodation. Published on the Department’s website April
2014. €11,938 2013 RPS Group Public consultation process on the Marine Strategy Framework Directive
and producing a report. Published November 2013. €9,000 2013 Userneeds Usage survey on the Met
Éireann website. Internal Management Report. Not intended for publication. Nil (provided as a free
sample) 2014 Glas Ecology Environment Management follow up Report (Breeding Chough and Peregrine
Survey, Valentia Island, Co. Kerry). Not intended for publication as it is a technical report relating to a site
on Valentia Island where Met Éireann are building an Air Monitoring Facility. €1,599 2014 MacCabe,
Durney Barnes Independent Planning Review. Published December 2015. €94,521 2014 Padraic Thornton
Planning & Environmental Consultancy Independent Review of Draft S31 Directions in
Westmeath. Published May 2014. €5,000 2014 Patricia Thornton Tom Philips Associates Independent
Review of Draft S31 Directions in Limerick. Published August 2014. €4,151 2015 AECOM Additional
cost optimal calculations for domestic and nondomestic buildings. Published February
2015 €33,683 2015 Behaviour & Attitudes Ltd. Market Survey to determine weather forecast consumption
behaviour of the Irish public. Not intended for publication. Report for internal purposes, primarily to
inform strategic business decisions. €19,865 2015 Deloitte Business Case Review for the Housing
Assistance Payment (HAP). Not intended for publication. Undertaken as part of technical work to update
financial modelling related to the preparation of the original business case. €28,939 2015 Dr. Dagmar
Stengel Best practice in relation to the sustainable exploitation and management of intertidal seaweed
resources. Not intended for publication. Informative research sought to address a gap in knowledge at the
time. €14,391 2015 Independent Review Group An Bord Pleanala Organisational Review. Published
March 2016. €18,760 2015 IT Executive Focus Review of the Structure and Delivery Model of the ICT
Services for the Department of the Environment, Community and Local Government. Internal
Management Report. Not intended for publication. €55,289 2015 MartinPlan Consulting To consider the
implications of the C50 judgment in the context of waste water discharge licensing and to make any
necessary recommendations. Not expected to be published. Report forms part of an ongoing deliberative
process. €1,750 2015 Mazars Consulting Independent Review of Homeless Services (2015). Published on
the Department’s website January 2016. €27,075 2015 Rory Mulcahy, Senior Counsel Review Report in
relation to Certain Planning Matters in respect of Donegal County Council. Issue of publication to be
considered following completion of report. €0 2015 Steering Group on Fire Safety Review (Chaired by
Martin Riordan) Review of Fire Safety arrangements in multiunit developments where concerns arise
regarding noncompliance with statutory requirements. Date of publication to be decided. The report
remains under consideration pending clarification on a number of issues. €34,905 2016 Bruce
McCarthy Independent Review of Draft S31 Direction in Westmeath. Published in August
2016 €1,970 2016 Des Johnson Independent Review of Draft S31 Direction in Louth. Published February
2016 €3,000 2016 Des Johnson Independent Review of Draft S31 Direction in Kildare. Published in June
2016. €3,000 2016 Housing and Sustainable Communities Agency Review by the Housing Agency of the
scheme of loans & grants for purchase of caravans by Travellers. Not Intended for publication. Report for
internal use only. Nil 2016 Housing and Sustainable Communities Agency/PACEC Independent Review
of funding for Travellerspecific Accommodation since 2000 in the context of the delivery and
implementation of Local Authority Traveller Accommodation Programmes. Expected to be published in
Q2 2017. Nil 2016 Mr. Hendrik W van der Kamp Independent Review of Draft S31 Direction in
Donegal. Published in August 2016 €2,688 2016 RPS Group Strategic Environmental Assessment and
Appropriate Assessment of the draft River Basin Management Plans. Will be published with the River
Basin Management Plans in December 2017. €171,503 2016 School of Psychology, Trinity College
Dublin Review of CISM (Critical Incident Stress Management) in fire service. Not intended for
publication. It is a technical report, to inform work in the Department. Nil
(1) The contract was in conjunction with the Sustainable Energy Authority of Ireland. Total cost of the
study is €169,302 (inclusive of VAT). My Department’s contribution was €21,190 (inclusive of VAT)
with the balance met by the Sustainable Energy Authority of Ireland (i.e. €148,112 inclusive of VAT).
(2) The Initial Assessment report, monitoring programme and programme of measures each arise from a
broader process connected with Ireland’s obligation to implement the EU Marine Strategy Framework
Directive (MSFD). The work primarily consists of a determination of the status of Ireland’s marine
waters, the measures necessary to achieve, or maintain, the required Good Environmental Status by 2020
and a programme to monitor this. The preparation of a draft Initial Assessment (under Art. 8 of the
MSFD) including proposals for Good Environmental Status (Art. 9) and for draft Environmental Targets
(Art.10) is underpinned by a suite of monitoring measures to measure the maritime environment against
these targets (Art. 11). Where human activities are preventing these targets from being met, a Programme
of Measures to mitigate the effect of these activities, or halt them as appropriate (Art.13) has been
finalised.
(3) This report was cofunded by my Department and the Private Residential Tenancies Board. The cost
to my Department of €42,706 represents 50% of the total cost.
13/12/2016WRJ02700Public Relations Contracts Data13/12/2016WRJ02800231. Deputy Niall
Collins asked the Minister for Housing, Planning, Community and Local Government the details of the
use of external public relations firms employed by his Department per annum since March 2011 in tabular
form; the list of uses of the external public relations firm; the internal Department policy with regard to
employing external groups; and if he will make a statement on the matter. [39501/16]
My Department has not engaged any external public relations firms since March 2011.
In relation to my Department’s policy for the engagement of external expertise, this is generally only
considered where the issues involved require expert skills or capabilities that are not readily available
within my Department.
13/12/2016WRJ03000Local Authority Housing Funding13/12/2016WRJ03100232. Deputy Michael
Fitzmaurice asked the Minister for Housing, Planning, Community and Local Government the amount
that was allocated by his Department or otherwise to Roscommon county council for the refurbishment of
local authority housing in each of the years 2013 to 2015. [39512/16]
13/12/2016WRJ03200233. Deputy Michael Fitzmaurice asked the Minister for Housing, Planning,
Community and Local Government the amount that was invested by Roscommon county council for the
refurbishment of local authority housing in each of the years 2013 to 2015. [39513/16]
In addition to the local authorities’ own maintenance programmes, my Department supports local
authorities to upgrade their social housing stock via targeted funding programmes, such as support for
returning vacant social housing units back to productive use and a programme to undertake insulation
retrofitting.
The following is the funding provided to Roscommon County Council under these initiatives from 2013
to 2015:
Funding Scheme 2013 2014 2015 Remediating Vacant Units Programme commenced
2014 €224,028 €258,773 Insulation Retrofitting Programme €186,232 €472,438 €232,886
The amount that each local authority has invested in its own housing stock is a matter for the authority, as
housing authority for their area, and my Department does not hold that information.
13/12/2016WRJ03400Compulsory Purchase Orders13/12/2016WRJ03500234. Deputy Thomas P.
Broughan asked the Minister for Housing, Planning, Community and Local Government if he will
consider introducing emergency legislation to permit local authorities to compulsory purchase zoned land
in the four Dublin, Cork and Limerick and other local authority areas with great housing shortages; and if
he will make a statement on the matter. [39517/16]13/12/2016WRJ03600235. Deputy Thomas P.
Broughan asked the Minister for Housing, Planning, Community and Local Government if he will
consider introducing emergency legislation to permit local authorities to compulsory purchase land with
planning permissions in the four Dublin, Cork, Limerick, Galway and other urban regions to build these
permissions to eliminate homelessness and up to 10 years plus waiting times on housing lists; and if he
will make a statement on the matter. [39518/16]13/12/2016WRJ03700Minister for Housing, Planning,
Community and Local Government (Deputy Simon Coveney):
I have no powers in relation to the initiation of Compulsory Purchase Orders, this being the responsibility
of relevant local authorities.
The issues raised in the Questions relate, essentially, to the adequacy of land supply to address the current
housing supply shortage. In broad terms, the Government does not believe that acquisition, compulsory or
otherwise, of significant levels of additional land for public housing building programmes is required at
this time and considers that local authorities have sufficient lands upon which to deliver the commitments
under Rebuilding Ireland, including the delivery of 47,000 additional social housing units between now
and 2021 through a number of means as part of an overall Exchequer commitment of €5.35 billion.
In addition, the active pursuit of progressing housing developments on Stateowned lands, including local
authority lands, is a major part of the new approach to housing provision under Rebuilding Ireland –
Action Plan for Housing and Homelessness. This involves identifying and mapping sites in local
authority and public ownership with appropriate lands to be masterplanned to deliver increased mixed
tenure housing, including social and more affordable housing. Overall, between the Land Aggregation
Scheme sites and Local Authority lands approximately 700 sites in total have been identified, which are
referenced on page 50 of Rebuilding Ireland, in the context of the potential for mixedtenure development
on Stateowned and other lands. These sites are being mapped in detail and in accordance with the
timelines outlined in Rebuilding Ireland and the Housing Agency is preparing a Strategic Management
Plan for all 73 Land Aggregation Scheme sites which will be completed in Quarter 1 2017.
My Department has already written to all key Departments and State Agencies and to relevant local
authorities to gather information and assess further prospective sites in State ownership to be mapped on
an effective and easytouse database of publically owned lands, suitable for housing, collated in one
location. This work will provide a further indication of the extent of the sites available that may be
suitable for housing, in particular in areas of highest need.
During this data gathering phase, a number of early actions have already been undertaken by local
authorities and the Housing Agency to progress housing development on sites in public ownership,
particularly in areas of high housing demand. One such proposal was announced by South Dublin County
Council at the recent launch event for Pillar 3 of Rebuilding Ireland in relation to a local authority owned
site with the potential to yield almost 1,000 new homes in Kilcarberry, Clondalkin. I expect further
proposals to be brought forward by other local authorities in the coming months.
13/12/2016WRJ03800Emergency Accommodation Provision13/12/2016WRJ03900236. Deputy Thomas
P. Broughan asked the Minister for Housing, Planning, Community and Local Government when he will
ensure that all homeless families and children are rehoused from emergency accommodation in 2017; and
if he will make a statement on the matter. [39519/16]13/12/2016WRJ04000Minister for Housing,
Planning, Community and Local Government (Deputy Simon Coveney):
The longterm solution to homelessness is to increase the supply of homes. A range of measures are being
progressed in this regard under the Rebuilding Ireland Action Plan for Housing and Homelessness which
was launched in July 2016 and provides a multistranded, actionoriented approach to achieving the
Government’s key housing objectives, including tackling homelessness in a comprehensive
manner. Rebuilding Irelandfully recognises that the period of time that families spend in emergency hotel
and bed and breakfast accommodation should be minimised.
This is reflected in the commitment that by mid2017, hotels should only be used in limited
circumstances for emergency accommodation for families. It is intended that this will be achieved by
meeting their housing needs through the enhanced Housing Assistance Payment (HAP) scheme and
general housing allocations, and by providing new supply to be delivered through an expanded Rapid
Build Housing Programme and a Housing Agency initiative to acquire vacant houses.
13/12/2016WRJ04100Election Management System13/12/2016WRJ04200237. Deputy Pearse
Doherty asked the Minister for Housing, Planning, Community and Local Government the dates on which
polling was designated to take place on each of the offshore islands for general election 2016 and for the
local and European elections 2014 in tabular form; if he will provide the deadline dates for those wishing
to register for the postal vote in respect of each of these types of elections; and if he will make a statement
on the matter. [39537/16]13/12/2016WRJ04300Minister for Housing, Planning, Community and Local
The information requested is set out in the following table:
Election Donegal islands Mayo islands Galway islands Cork islands General election Friday 26 February
2016 Thursday 25 February 2016 Thursday 25 February 2016 Thursday 25 February 2016 Friday 26
February 2016 European Parliament and Local Elections Friday 23 May 2014 Thursday 22 May
2014 Thursday 22 May 2014 Thursday 22 May 2014 Friday 23 May 2014
Completed application forms for inclusion in the supplement to the postal voters’ list had to be received
by the local registration authorities by 5 February 2016 in the case of the general election in February
2016 and by 3 May 2014 in the case of the European and local elections in May 2014.
13/12/2016WRJ04400Water and Sewerage Schemes13/12/2016WRJ04500238. Deputy Thomas P.
Broughan asked the Minister for Housing, Planning, Community and Local Government the situation
with regard to measures to address the sewage discharges at Doldrum Bay, Howth; the timeframe he
envisages to deliver a longterm solution for the cessation of sewage discharges near this location and
from the Howth peninsula generally; and if he will make a statement on the matter. [39538/16]
Neither I nor my Department has any role in monitoring or supervising the delivery of water services.
Irish Water has statutory responsibility for the planning, delivery and operation of public water and
wastewater services at national, regional and local levels. The EPA is responsible for licensing and
regulating urban waste water discharges.
Irish Water has informed my Department that it has completed works on site as part of a short term
solution to address the historic discharge of wastewater from a small number of houses to the beach at
Doldrum Bay, Howth, Co. Dublin. These works included the construction of a replacement pipeline on
the beach and upgrade works to the distribution chamber. The new outfall pipeline is now fully functional
with the discharge point below the spring low water mark. The visual and aesthetic impact of the
discharge is, therefore, now substantially alleviated.
Irish Water is evaluating options for a long term strategy to entirely remove the Doldrum Bay discharge.
The longer term solution will involve diverting the discharge via two pumping stations and connecting it,
ultimately, to the Ringsend Wastewater Treatment Plant. The design of a permanent scheme has been
commenced by Irish Water. This long term solution will be subject to statutory planning and
environmental processes that will be carried out as part of the detailed design programme.
Irish Water has established a dedicated team to deal with representations and queries from public
representatives. The team can be contacted via email at oireachtasmembers@water.ie or by telephone on
a dedicated number, 1890 578 578.
13/12/2016WRJ04700Local Authority Staff Recruitment13/12/2016WRJ04800239. Deputy Brendan
Griffin asked the Minister for Housing, Planning, Community and Local Governmentthe reason all local
authority job vacancies are not advertised on the local government jobs website; if he will make the
advertising of all positions compulsory; and if he will make a statement on the matter. [39540/16]
Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the
staffing and organisational arrangements necessary for carrying out the functions of the local authorities
for which he or she is responsible. Each Local Authority is an individual employer in its own right.
Therefore, the methodology to be used in recruitment for posts, other than those which are recruited
directly through the Public Appointments Service, is a matter for each local authority.
Local Authorities will generally use a mixture of local and national advertisement where appropriate. I
am aware that there is a dedicated website www.localgovernmentjobs.ie which is available for local
authorities to use in the recruitment process. The Local Government Management Agency has written to
each local authority to confirm their awareness of this site and to advise of the benefits that can be
accrued in using this site in order to maximise awareness of the roles that are available within the local
authority sector.
13/12/2016WRJ05000Ministerial Correspondence13/12/2016WRJ05100240. Deputy John Brady asked
the Minister for Housing, Planning, Community and Local Government if he has used any private
unsecured email accounts for official business; and if he will make a statement on the matter. [39583/16]
My Department’s ICT function provides a private and secure email service to staff. I use a private email
account for political and constituency purposes. For reasons of operational convenience, arrangements are
made for this account to also be used for communications on certain matters, such as diarying issues,
speeches and information updates, but generally not for the purposes of confidential official business.
13/12/2016WRJ05300Social and Affordable Housing Provision
13/12/2016WRJ05400241. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning, Community
and Local Government when his Department received an application for funding in respect of phase 2
Clúid housing project for Letterfrack, County Galway; when a decision is likely to be made on this
application in view of the current housing crisis in County Galway; and if he will make a statement on the
An application for the provision of 11 new social units by Cluid Housing Association as a phase 2
development at Letterfrack, County Galway was received by my Department from Galway County
Council on 29 November 2016. The proposal is now being assessed following which a decision will issue
to Galway County Council.
I am pleased to see the recent completion and tenanting of 13 new units at this site to cater for persons
with disabilities and older persons at a capital cost of €2.8 million.
13/12/2016WRJ05600Foreshore Licence Applications13/12/2016WRJ05700242. Deputy Joan
Collins asked the Minister for Housing, Planning, Community and Local Government if his Department
has received an application from Sligo County Council for a foreshore licence in respect of the
development of the proposed pier and pontoon scheme in Rosses Point, County Sligo; when it is expected
that the license will be signed and issued; and if he will make a statement on the matter. [39649/16]
The application to carry out pier enhancement works at Rosses Point which will involve the extension to
the slipway and remedial works to the existing slipway, provision of a floating pontoon and access
gangway and mooring/anchoring arrangements at the pier from Sligo County Council was approved in
principle by me on 8 December 2016.
The Chief State Solicitor’s Office has now been requested to prepare the requisite legal documentation.
13/12/2016WRJ05900Housing Agency Portfolio13/12/2016WRJ06000243. Deputy Eoin Ó Broin asked
the Minister for Housing, Planning, Community and Local Government the reason for the low takeup of
house purchases by the Housing Agency from banks (details supplied) as detailed in Parliamentary
Question No. 145 of 1 December 2016; and if he will provide additional funding to the Housing Agency
to increase the number of these properties to be purchased as a matter of urgency. [39725/16]
The Housing Agency currently acts as a central coordination body at national level for banks/investors to
interact with. This activity began in early 2015 and to date has yielded 174 properties across 29 local
authorities at a total value of over €25m. Rebuilding Ireland, the Action Plan for Housing and
Homelessness, provides for a new acquisitions initiative under which the Housing Agency is to be
provided directly with capital funding with the specific focus of engaging with banks and investment
companies to acquire properties for social housing nationally, thereby increasing social housing delivery.
Under this acquisitions programme, the Agency will use a rotating fund of €70m, which was provided for
in Budget 2017, to acquire vacant properties in areas with high levels of social housing demand.
In doing this, the Agency will work in close consultation with local authorities to ensure that suitable
properties are only purchased in areas where there is a demand for social housing. It is estimated that this
mechanism, implementation of which is already underway, will deliver some 1,600 units over the period
to 2020.
In relation to properties that have been forwarded for consideration from banks to date, some of these
properties were deemed unsuitable for different reasons including quality, price limits, and location. In
respect of the 500+ vacant properties forwarded by AIB for consideration by the Agency at the end of
November 2016, approximately 55% were of interest to the local authorities concerned. However, local
authorities were still reviewing some of the property information provided to them by the Agency so that
proportion may increase.
Details of the progress under this initiative will be outlined in future Rebuilding Ireland quarterly
progress reports.
13/12/2016WRJ06200Residential Property Sales13/12/2016WRJ06300244. Deputy Niall Collins asked
the Minister for Housing, Planning, Community and Local Government if he has received an application
(details supplied) to the €200 million fund to service residential lands; when a decision on this will be
made; and if he will make a statement on the matter. [39728/16]13/12/2016WRJ06400Minister for
Housing, Planning, Community and Local Government (Deputy Simon Coveney):
The aim of the Local Infrastructure Housing Activation Fund is to relieve critical infrastructural
blockages to enable the accelerated delivery of housing on key development sites and to improve the
economic viability of new housing projects in Dublin and in urban areas of high demand for housing. The
€200m Fund will be composed of an Exchequer allocation of €150 million, matched by a €50 million
contribution from participating local authorities.
A call for proposals under the fund was issued to local authorities on 26 August 2016, with a closing date
for receipt of proposals of 14 October . It was open to all local authorities to apply, with funding to be
allocated on the basis of a competitive bid process. Twentyone local authorities have submitted a total of
74 project applications, relating to specific sites or development land areas. Limerick City and County
Council submitted a proposal in relation to Greenpark which includes the former Limerick racecourse.
The overall total cost of the 74 funding bid applications is approximately €800m, with funding of some
€600 million being sought from the Exchequer and local authorities agreeing to fund approximately €200
million as part of their matching fund requirements. It will not be possible to approve all applications,
given the scale and value of applications received.
The viability of the applications is currently being examined in detail against the assessment criteria set
out in the Call for Proposals, with a focus on the level of funding required and what it might leverage, the
number of housing units that could be delivered, their strategic location and speed of delivery, and
affordability levels of a proportion of the homes. I intend to make an initial announcement on progress on
the assessment of the proposals before the end of the year.
13/12/2016WRJ06500Social and Affordable Housing13/12/2016WRJ06600245. Deputy Mick
Barry asked the Minister for Housing, Planning, Community and Local Government if he will meet with
representatives from the Irish Glass Bottle Housing Action Group that have been seeking a meeting with
him regarding the potential for building significant quantities of social and affordable housing on that
site; and if he will make a statement on the matter. [39743/16]13/12/2016WRJ06700246. Deputy Eoin Ó
Broin asked the Minister for Housing, Planning, Community and Local Government his plans to meet
with representatives of the Ringsend Glass Bottle Site Housing Action Group (details supplied) to discuss
their plans for the old glass bottle site portion of the SDZ in Ringsend, Dublin; and if he will consider
their proposals for maximising the provision of social and affordable housing in that location. [39771/16]
The Poolbeg West Strategic Development Zone (SDZ) site has significant potential to deliver additional
housing supply, including for social housing purposes, at a pace and scale that will greatly assist in
addressing the current critical shortage of housing supply in the Dublin Region.
The Government Order, designating the Poolbeg West area as a Strategic Development Zone, with
Dublin City Council as the relevant development agency , pursuant to the provisions of Section 166 of the
Planning and Development Act 2000 (as amended), provides for, inter alia, the provision of social and
affordable housing.
As is required under the SDZ process, a Planning Scheme must now be prepared and adopted by Dublin
City Council for the planned development of these lands, including providing in excess of 2,000 – 2,500
new homes, which will include social and affordable housing, as well as supporting social, educational
and recreational infrastructure.
As this process is about to be undertaken by Dublin City Council with full statutory consultation with the
local community and other stakeholders, and having regard to the provisions of Section 30 of the
Planning Act, which prevent the Minister from becoming involved in individual planning cases, it would
not be appropriate at this stage of the process for me to engage with stakeholders outside of my statutory
role in formally commenting on the draft Planning Scheme.
Nevertheless, I expect the site to provide for the delivery of residential and appropriate commercial
development, with supporting infrastructure and facilities, in a timely, sustainable and coordinated
manner. Moreover, I am confident that the draft Planning Scheme, to be considered fully by the members
of Dublin City Council, will enable significant delivery of all housing types, including housing that is
intrinsically affordable for the broad range of households likely to settle in the area, including low and
middleincome earners seeking properties to rent or buy.
I urge all interested stakeholders to engage with the Planning Scheme process within the statutory
framework laid out in the Planning Act.
13/12/2016WRK0010013/12/2016WRK00200Water and Sewerage Schemes Grants
13/12/2016WRK00300247. Deputy Éamon Ó Cuív asked the Minister for Housing, Planning,
Community and Local Government if it is intended to change the eligibility conditions for the grant for
the upgrade of private domestic waste water treatment plants to ensure that all registered owners of such
plants are eligible for grant aid for necessary works following inspection; and if he will make a statement
on the matter. [39854/16]13/12/2016WRK00400Minister for Housing, Planning, Community and Local
The Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013, a copy of which
is available in the Oireachtas library, brought into operation a grant scheme to assist with the cost of
remediation of septic tanks and domestic waste water treatment systems which are deemed, following
inspection under the Environmental Protection Agency’s National Inspection Plan, to require repair or
upgrading. The grant scheme ensures that the limited financial resources available are targeted towards
householders, particularly those on lower incomes, who incur expenditure directly as a result of the
implementation of the Water Services (Amendment) Act 2012.
The Regulations provide that, subject to the applicant meeting all qualification criteria, a local authority
may pay a grant to a person who is required, following an inspection, to undertake repairs or upgrades to,
or replacement of, a septic tank or other domestic waste water treatment system. Applications for grant
aid are administered by the local authorities in whose functional area the particular domestic waste water
treatment system requiring remediation is situated. Where a local authority pays a grant under the
scheme, my Department will recoup 100% of the amount paid by the local authority. Full details of the
scheme, including eligibility criteria, are set out in the explanatory leaflet and application form published
on my Department’s website at the following link:http://www.housing.gov.ie/water/water
quality/domesticwastewatersystemsseptictanks/domesticwastewatertreatment0.
It is not proposed to make any changes to the grant scheme at this time.
More generally, householders who do not meet the eligibility criteria for the grant under the
aforementioned Regulations and who wish to remediate or upgrade their onsite treatment systems may
qualify for relief under the Home Renovation Incentive (HRI) Scheme introduced pursuant to Section 5
of the Finance (No. 2) Act 2013. The HRI Scheme covers main residence repairs, renovations and
improvements, including the repair or replacement of septic tanks. The Scheme is administered by the
Revenue Commissioners and full details are published on the Revenue Commissioner’s website at
www.revenue.ie.
13/12/2016WRK00500Planning Issues13/12/2016WRK00600248. Deputy Éamon Ó Cuív asked
the Minister for Housing, Planning, Community and Local Government if his Department received an
application from Galway County Council for the provision of 42 units of accommodation on the site of
the old convent in Clifden; if such an application was received, the date of receipt of the application;
when a decision will be made on it; and if he will make a statement on the matter. [39855/16]
13/12/2016WRK00700Minister for Housing, Planning, Community and Local
My Department has not received a proposal in respect of the provision of 42 units of accommodation on
the site of the old convent in Clifden. I understand that an approved housing body is currently carrying
out a feasibility assessment on such a proposal and is liaising with Galway County Council in this regard.
If any such proposal is received by my Department, it will be assessed in the normal manner.
13/12/2016WRK00800Departmental Legal Cases Data13/12/2016WRK00900249. Deputy Peadar
Tóibín asked the Minister for Housing, Planning, Community and Local Government if his Department
has been involved in any court proceedings that involved nondisclosure agreements in the past five
years; and if so, if the specific court ruling prevented knowledge of the court proceeding being known and
knowledge of the participants to the court proceeding from being made known for each of these
agreements. [39866/16]13/12/2016WRK01000Minister for Housing, Planning, Community and Local
In the past five years my Department was involved in court proceedings in one case involving a
confidentiality agreement. This case was the subject of an out of court settlement and the agreement did
not prevent knowledge of either the court proceedings or the participants to the court proceedings, from
being made known.
13/12/2016WRK01100Rainwater Harvesting Systems Provision13/12/2016WRK01200250. Deputy Jim
O’Callaghan asked the Minister for Housing, Planning, Community and Local Government if Irish Water
can facilitate meaningful study or cooperation on the area of the right to harvest and return rain water to
the sewer system; and if he will make a statement on the matter. [39896/16]
I am fully supportive of technologies which contribute to the conservation of water. Rainwater harvesting
has the potential to contribute to reducing the cost of water services for certain uses as well as benefitting
the environment.
Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning,
delivery and operation at national, regional and local levels. Irish Water will continue to examine ways to
promote more sustainable use of water services, including rainwater harvesting.
Irish Water has established a dedicated team to deal with representations and queries from public
representatives. The team can be contacted via email at oireachtasmembers@water.ie or by telephone on
a dedicated number, 1890 578 578.
13/12/2016WRK01400Pyrite Remediation Programme13/12/2016WRK01500251. Deputy Louise
O’Reilly asked the Minister for Housing, Planning, Community and Local Governmentthe situation that
exists for households that wish to access the pyrite remediation scheme but whose builders are currently
going through the bankruptcy process in the courts; and if he will make a statement on the
matter. [39943/16]13/12/2016WRK01600252. Deputy Louise O’Reilly asked the Minister for Housing,
Planning, Community and Local Government if his attention has been drawn to the situation with an
estate (details supplied) which cannot get access to the pyrite remediation scheme; if there is facility in
the scheme or legislation to deal with these situations; the action he will take to assist; and if he will make
a statement on the matter. [39944/16]13/12/2016WRK01700Minister of State at the Department of the
Environment, Community and Local Government (Deputy Damien English):
The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite
Resolution Board for certain dwellings affected by significant pyrite damage. The pyrite remediation
scheme is a scheme of “last resort” and is limited in its application and scope. The scheme is applicable to
dwellings which are subject to significant damage attributable to pyritic heave established in accordance
with I.S. 3981:2013 Reactive pyrite in subfloor hardcore material – Part 1: Testing and categorisation
protocol. In addition, applicants under the scheme must be able to demonstrate to the Board that they
have no practicable options, other than under the scheme, to secure the remediation of their homes. It is a
condition of eligibility under the scheme that an application to the Board must be accompanied by a
Building Condition Assessment with a Damage Condition Rating of 2.
In this regard, there is no impediment for any householder, for whom the builder of their home is
currently going through a bankruptcy process, to make an application under the pyrite remediation
scheme.
The Pyrite Resolution Board, with the support of the Housing Agency, is responsible for the
implementation of the pyrite remediation scheme. In accordance with the provisions of the Act, the Board
is independent in the performance of its functions, and as Minister, I have no role in the operational
matters pertaining to the implementation of the scheme. The Board may be contacted by phone at Lo call
1890 252842 or by email to info@pyriteboard.ie.
13/12/2016WRK01800Wind Energy Guidelines13/12/2016WRK01900253. Deputy Brian Stanley asked
the Minister for Housing, Planning, Community and Local Government the reason for the delay in
bringing forward guidelines for wind farm developments. [38504/16]13/12/2016WRK02000Minister for
In December 2013, my Department published proposed draft revisions to the noise, setback distance and
shadow flicker aspects of the 2006 WindEnergy Development Guidelines. These draft revisions
proposed:
the setting of a more stringent day and nighttime noise limit of 40 decibels for future wind energy
developments,
a mandatory minimum setback distance of 500 metres between a wind turbine and the nearest dwelling
for amenity considerations, and
the complete elimination of shadow flicker between wind turbines and neighbouring dwellings.
A public consultation process was also initiated on these proposed draft revisions to the 2006 Wind
Energy Development Guidelines, which ran until February 2014. The Department received submissions
from 7,500 organisations and members of the public during this public consultation process.
In light of the commitment in the Programme for A Partnership Government to finalise the Guidelines
and on going policy and legal developments in this area, my Department is continuing to advance work
on the Guidelines and related matters in conjunction with the Department of Communications, Climate
Action and Environment, in order to bring the various issues to a conclusion as early as possible. It is
intended to make a statement on the matter before the end of the year, outlining the timelines for the
implementation of the various elements.
13/12/2016WRK02100Social and Affordable Housing Funding13/12/2016WRK02200254. Deputy Bríd
Smith asked the Minister for Housing, Planning, Community and Local Government if there are limits
placed on the amount local authorities may borrow from the Housing Finance Agency for the purpose of
building social housing. [39991/16]13/12/2016WRK02300Minister for Housing, Planning, Community
and Local Government (Deputy Simon Coveney):
My Department has responsibility for the provision of funding for social housing delivered through local
authorities and approved housing bodies. The overall strategic objective of Government housing policy is
to enable all households to access good quality housing appropriate to their household circumstances and
in sustainable communities of their choice. The main focus of social housing supports is on meeting the
most acute housing needs among the population, within the resources available. Thus, State funded
housing supports will continue to be targeted at those people who are unable to provide for their
accommodation from their own resources, as measured by their annual net income.
To support the implementation of Rebuilding Ireland: Action Plan for Housing and Homelessness, I have
secured €5.35 billion in Exchequer investment to deliver 47,000 social housing units through build,
refurbishment, acquisitions and leasing, over the period 2016 to 2021. This €5.35 billion investment
comprises some €4.5 billion in capital funding and €844 million in support of programmes funded from
current expenditure. In addition, €200 million is being provided for the Local Infrastructure Housing
Activation Fund through investment in key enabling infrastructure.
Under Budget 2017, some €1.3bn will be invested across the broad range of housing programmes next
year, including those covered by the Rebuilding Ireland investment programme. The annual allocations
for the years 2018 to 2021 will be finalised in the context of the annual budgetary process.
My Department monitors the impact of NonMortgage borrowing by local authorities on the General
Government Balance (GGB) on an ongoing basis. While there is a requirement for the overall borrowing
of the local government sector to remain within the GGB parameters, should there be a requirement to
borrow for social housing purposes, my Department will consider any sanction request in the context of
supporting priority infrastructural investment, meeting contractual commitments and ensuring appropriate
projects can proceed. Borrowing is a reserved function of each local authority; a local authority must
demonstrate that any borrowing is matched by appropriate repayment capacity. However, given the
funding being made available through Rebuilding Ireland, I am satisfied that sufficient capital funding is
being made available to local authorities for social housing.
13/12/2016WRK02400Library Services Funding13/12/2016WRK02500255. Deputy Jan
O’Sullivan asked the Minister for Housing, Planning, Community and Local Government if he will
provide a list of the second round of library services applying to his Department for funding for the open
library initiative in 2017; the locations that were included in these applications; the amounts applied for in
each application; and if he will make a statement on the matter. [40041/16]
I refer to the reply to Question No. 201 of Tuesday, 6 December, 2016 which sets out the position in this
matter.
13/12/2016WRK02700Dumping at Sea13/12/2016WRK02800256. Deputy Éamon Ó Cuív asked
the Minister for Housing, Planning, Community and Local Government the steps proposed to be taken in
relation to ensuring that dumped material in the Old Mud Dock, Galway is removed; if he has yet
received the final legal advice from the Chief State Solicitor’s office; and if he will make a statement on
the matter. [40078/16]13/12/2016WRK02900Minister for Housing, Planning, Community and Local
My Department has received further legal advice on this matter. Efforts are continuing through
correspondence and otherwise to narrow the identity of the appropriate parties involved in placing
material on State owned foreshore without consent. This is necessary as any parties against whom legal
proceedings are contemplated are obliged to be put on notice.
13/12/2016WRK03000Water and Sewerage Schemes Grants13/12/2016WRK03100257. Deputy Michael
McGrath asked the Minister for Housing, Planning, Community and Local Government if there is any
grant support available to persons who may have the opportunity to connect into the main sewerage
system as part of a major investment project by Irish Water (details supplied). [40099/16]
Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning,
delivery and operation at national, regional and local levels. rish Water has established a dedicated team
to deal with representations and queries from public representatives. The team can be contacted via email
to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
Under my Department’s new Rural Water Multiannual Programme 20162018, funding is provided for
demonstration Group Sewerage Schemes, through Measure 4(d), where clustering of households on
individual septic tanks is not a viable option, particularly from an environmental perspective.
Local authorities were invited in January 2016 to submit bids under the programme. The invitation
envisaged no more than two demonstration sewerage projects being brought forward under the measure in
any one year of the three year programme. The demonstrations will allow my Department, over the
course of the programme, to determine the appropriate enduring funding levels and relationship with the
current grant scheme.
Following examination of all local authorities’ proposals under this measure by the Expert Panel
convened for this purpose, schemes were recommended for funding under the Programme. A copy of the
Expert Panel’s report and consideration of all proposals under the Programme including details of grants
under the Programme are available on my Department’s website at the following link:
http://housing.gov.ie/water/waterservices/ruralwaterprogramme/groupwaterschemesandruralwater
issues .
13/12/2016WRK03400Pyrite Remediation Programme13/12/2016WRK03500259. Deputy Thomas
Byrne asked the Minister for Housing, Planning, Community and Local Government if he will review the
pyrite remediation scheme to deal with the issue of category one homeowners and others that find
themselves in limbo due to the fact they live in a pyrite estate. [40106/16]
13/12/2016WRK03600260. Deputy Thomas Byrne asked the Minister for Housing, Planning,
Community and Local Government the number of category one pyrite affected homes here. [40107/16]
13/12/2016WRK03700262. Deputy Thomas Byrne asked the Minister for Housing, Planning,
Community and Local Government if a review is underway of the pyrite remediation scheme. [40109/16]
13/12/2016WRK03800Minister of State at the Department of the Environment, Community and Local
Government (Deputy Damien English):
I propose to take Questions Nos. 259, 260 and 262 together.
The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite
Resolution Board for certain dwellings affected by significant pyrite damage. The Report of the Pyrite
Panel (June 2012) provided the overarching framework for the pyrite remediation scheme and its
eligibility criteria are broadly reflective of the conclusions and recommendations of that report. The
independent Pyrite Panel was clear in its view that only dwellings with significant damage due to pyritic
heave should be remediated and that it would be unreasonable to expect dwellings not exhibiting such
damage to be remediated unless or until they exhibit significant pyritic damage. This remains the position
with regard to dwellings which do not display significant pyritic damage.
The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The
scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave
established in accordance with I.S. 3981:2013 Reactive pyrite in subfloor hardcore material – Part 1:
Testing and categorisation protocol. It is a condition of eligibility under the scheme that an application to
the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of
2. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the
scheme. I have no proposals to amend this eligibility criterion nor do I propose to review the scheme in
this regard.
Given that the scheme does not apply to dwellings which have a Damage Condition Rating of 1, the
Pyrite Resolution Board does not maintain records on the number of properties that fall into this category.
Nevertheless, the Board is aware that 10 dwellings, which had a Damage Condition Rating of 1 when
their building condition assessments were first completed, and which were refused under the scheme,
have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the
pyrite remediation scheme following the submission of new applications.
13/12/2016WRK03900Pyrite Resolution Board Data13/12/2016WRK04000261. Deputy Thomas
Byrne asked the Minister for Housing, Planning, Community and Local Government the number of pyrite
damaged houses in County Meath that have applications for remediation under the pyrite remediation
scheme; and the number that have been remediated. [40108/16]13/12/2016WRK04100Minister of State at
the Department of the Environment, Community and Local Government (Deputy Damien English):
The latest figures available from the Pyrite Resolution Board indicate that 1,458 applications have been
received under the pyrite remediation scheme, of which 1,077 have been approved for inclusion in the
scheme as follows:
275 are at remedial works planning stage,
44 are at tender / tender analysis,
35 are at tender decision,
211 are under remediation, and
512 are complete.
Specifically, having regard to the area of Meath County Council, the latest figures available from the
Board indicate that 379 applications have been received under the pyrite remediation scheme from
homeowners, of which 180 have been completed and a further 19 are under remediation.
Ultimately, the Board, together with the Housing Agency, will arrange for all eligible dwellings to be
remediated to a high standard and at no additional cost to the affected homeowners. Remediation works
will continue to be carried out at the earliest possible opportunity having regard to the existing demands
of the scheme and the optimum use of available resources.
13/12/2016WRK04300Electoral Commission Establishment13/12/2016WRK04400263. Deputy Ruth
Coppinger asked the Minister for Housing, Planning, Community and Local Government his views on the
establishment of an electoral commission to take over many of the functions related to the conduct of
elections; and if he will make a statement on the matter. [40113/16]13/12/2016WRK04500Minister for
In 2015, on the basis of a consultation paper prepared by my Department, and at the invitation of the then
Minister, the Joint Oireachtas Committee on Environment, Culture and the Gaeltacht undertook a public
consultation process on the establishment of an electoral commission. The Committee published a report
on the consultation in January 2016. This report contains a series of recommendations regarding the
establishment of an electoral commission, including functions which should be assigned to it;
independence, membership and accountability mechanisms; and the establishment process. The report
will inform the implementation of the commitment in A Programme for a Partnership Government on
establishing an electoral commission. The establishment of an electoral commission will bring a
fundamentally changed approach to the management and administration of elections and will require
detailed consideration and analysis prior to legislating for its establishment. The matter is currently under
consideration in my Department.
13/12/2016WRK04600Legislative Programme13/12/2016WRK04700264. Deputy Michael
Moynihan asked the Minister for Housing, Planning, Community and Local Government the name and
number of Bills in preparation in his Department and published by his Department since May 2016; the
stage each Bill is at in the Houses of the Oireachtas; the number of Bills from his Department signed into
law; and if he will make a statement on the matter. [40134/16]13/12/2016WRK04800Minister for
Six Bills are in preparation in my Department; two Bills have been published and are currently before the
Oireachtas; and two Bills have been signed into law. Information on the Bills is set out in the tables
below.
Bills in Preparation Building Control Bill Electoral Commission Bill Housing (Regulation of Approved
Housing Bodies) Bill Maritime Area and Foreshore (Amendment) Bill Rates Bill Water Environment
Bill
Bills published Stage in the Oireachtas Planning and Development (Amendment) Bill 2016 Currently at
Second Stage in the Dáil. Planning and Development (Housing) and Residential Tenancies Bill
2016 Scheduled for Dáil Committee Stage on 13th December.
Bills signed into law Electoral (Amendment) Act 2016 Water Services (Amendment) Act 2016
13/12/2016WRK04900Rent Supplement Scheme Eligibility13/12/2016WRK05000265. Deputy Richard
Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government if Dún
LaoghaireRathdown County Council is within its rights to assess carer’s allowance for rent purposes;
and if he will make a statement on the matter. [40167/16]13/12/2016WRK05100Minister for Housing,
Planning, Community and Local Government (Deputy Simon Coveney):
The making and amending of rent schemes is the responsibility of local authorities as an integral part of
their housing management functions, subject to broad principles laid down by my Department in Circular
letter HRT 3/2002 of 6 March 2002. It is a matter for local authorities, when assessing individual
households, to consider whether rents payable are in accordance with the authority’s rent scheme.
Therefore, decisions on whether or not to disregard either a proportion of income or particular sources of
income for the purposes of calculating rents are matters for each individual local authority to consider in
accordance with their own rent scheme.
Section 31 of the Housing (Miscellaneous Provisions) Act 2009 allows the Minister to make regulations
in respect of various matters to be included in a rent scheme. These can include the sources of household
income that may be assessed for the purpose of determining rent levels.
Considerable work has been carried out by my Department in developing a draft framework for a
harmonisation of the approach to be taken by local authorities in regard to various aspects of rent
schemes. This includes providing for a common set of income disregards to be applied by all housing
authorities in determining a household’s assessable income for rent calculation purposes.
These proposals are now being examined further in the light of the broader commitment given in the
Rebuilding Ireland Action Plan for Housing and Homelessness, to review the disparate systems of
differential rents for social housing in place across local authorities to ensure that housing supports are
fair and sustainable, prioritise those on lowest incomes and avoid creating social welfare traps that may
prevent people from either returning to work or to the private housing market. This review will be
completed by the end of the second Quarter 2017.
13/12/2016WRK05200Departmental Staff Redeployment13/12/2016WRK05300266. Deputy Marc
MacSharry asked the Minister for Housing, Planning, Community and Local Government if he will
provide all examples of entire units that have been recentralised back to Dublin from within his
Department; his Department’s rationale for such moves; and if Cabinet approval was sought and given in
each case. [40550/16]13/12/2016WRK05400Minister for Housing, Planning, Community and Local
Following an overall review of decentralisation, in November 2011, a Government decision gave effect to
the winding down of a number of individual decentralisation projects. As part of the implementation of
this decision the original proposal to designate the then Department of Environment, Community and
Local Government’s Wexford office as Headquarters was rescinded. The reconfiguration of my
Department in 2011 and again earlier this year has resulted in a number of reviews and restructurings of
divisions and sections generally, including the further expansion of the Housing function and the creation
of new sections to support delivery of this important priority for Government. These restructurings have
resulted in the movement of pieces of work between the Department’s three locations in some cases but
no entire unit has been recentralised back to Dublin as a result.
13/12/2016WRK05500Domiciliary Care Allowance Appeals13/12/2016WRK05600267. Deputy Pearse
Doherty asked the Minister for Social Protection the reason a person (details supplied) in County Donegal
was refused domiciliary care allowance; and if he will make a statement on the matter. [39381/16]
13/12/2016WRK05700Minister of State at the Department of Social Protection (Deputy Finian
McGrath):
An application for Domiciliary Care Allowance (DCA) was received from this lady on the 4th May 2016.
A decision issued to her on the 25th August 2016 advising that the application was not allowed, as it was
considered that her daughter did not meet the qualifying conditions for the scheme.
An appeal of the decision to disallow the application has been submitted to the Social Welfare Appeals
Office (SWAO). As part of that appeal process, a review of the decision was undertaken by another
deciding officer. This lady was notified on the 2nd December 2016, that following a reexamination of
the application the original decision was upheld. The DCA application file, together with the additional
information she supplied, was forwarded to the SWAO on the 5th December 2016 for their consideration.
The SWAO will be in contact with her in due course on the outcome of her appeal.
I hope this clarifies the matter for the Deputy.
13/12/2016WRK05800Domiciliary Care Allowance Review13/12/2016WRK05900268. Deputy Michael
HealyRae asked the Minister for Social Protection the status of an application for domiciliary care
allowance in respect of a person (details supplied); and if he will make a statement on the
matter. [39733/16]13/12/2016WRK06000Minister of State at the Department of Social
Protection (Deputy Finian McGrath):
An application for domiciliary care allowance (DCA) was received in respect of this child on the 26th
July 2016. The application was not allowed as it was considered that the child did not meet the eligibility
criteria for the allowance. A letter issued on 9 November 2016 outlining the decision in this case.
A request for a review of this decision was received on 16 November 2016. The application will be re
examined by a deciding officer and a revised decision will be made if warranted. The person concerned
will be notified of the outcome of this review as soon as it is completed. Such reviews can take up to 12
weeks to complete at present.
13/12/2016WRK06100Domiciliary Care Allowance Applications
13/12/2016WRK06200269. Deputy Michael HealyRae asked the Minister for Social Protection the
status of an application for domiciliary care allowance in respect of a person (details supplied); and if he
will make a statement on the matter. [39735/16]13/12/2016WRK06300Minister of State at the
Department of Social Protection (Deputy Finian McGrath):
An application for domiciliary care allowance (DCA) was received in respect of this child on 23
November 2016. This application has been forwarded to one of the Department’s Medical Assessors for
their medical opinion. Following receipt of this opinion, a decision will be made by a Deciding Officer
and notified to the applicant. Applications are processed in date of receipt order. It can currently take 14
weeks to process an application for DCA.
13/12/2016WRK06400Departmental Staff Redeployment13/12/2016WRK06500270. Deputy Marc
MacSharry asked the Minister for Social Protection further to the rerecentralisation of the information
section of the Department of Social Protection, the costs associated with such a move in terms of new unit
establishment in Dublin, for recruitment, training and redeployment. [40169/16]
13/12/2016WRK06600271. Deputy Marc MacSharry asked the Minister for Social Protection his
Department’s rationale for the recentralisation of an entire unit of his Department, the information
section; if Cabinet approval was sought and given in this case; and if he will make a statement on the
matter. [40170/16]13/12/2016WRK06700343. Deputy Marc MacSharry asked the Minister for Social
Protection if the Cabinet approved the recentralisation of the information section of his Department from
Sligo back to Dublin; if so, the basis on which; and if not, the reason therefor. [40162/16]
13/12/2016WRK06800344. Deputy Marc MacSharry asked the Minister for Social Protection when he or
the Cabinet devolved powers to enable the recentralisation of the information section of his Department
to the Secretary General and other officials within his Department (details supplied). [40163/16]
13/12/2016WRK06900345. Deputy Marc MacSharryasked the Minister for Social Protection the body of
work to be decentralised or transferred to Sligo to facilitate the 32 persons who, heretofore, have worked
within the information section of his Department that will now be redeployed. [40164/16]
13/12/2016WRK07000346. Deputy Marc MacSharry asked the Minister for Social Protection if, in view
of the recentralisation of the information section back to Dublin from Sligo and his Department’s stated
position that each of the 32 individuals working within it in Sligo will be redeployed within the
departmental office in Sligo, the positions these persons will take up; if it is it to existing and future
vacancies in his Department; if so, if this will mean that any transfer request to Sligo from within the
Civil Service or external applications for jobs within his Department will only be dealt with after the 32
former information section workers in Sligo are placed; if the 32 positions that exist in the departmental
office in Sligo will cease to exist; if the 32 persons displaced by this recentralisation require training to
enable redeployment; and if so, the costs associated with this. [40165/16]
13/12/2016WRK07100347. Deputy Marc MacSharry asked the Minister for Social Protection the precise
costs associated with the reestablishment of hisDepartment’s information section in Dublin following its
recentralisation from Sligo back to Dublin; the recruitment costs associated with it; and the training costs
which will be incurred. [40166/16]13/12/2016WRK07200Minister for Social Protection (Deputy Leo
Varadkar):
I propose to take Questions Nos. 270, 271, 343 to 347, inclusive, together.
At the outset it is very important to note that no jobs will be leaving Sligo rather staff will be reassigned
roles within the area.
The Department of Social Protection is responsible for the administration of 70 separate schemes and
services at a cost of some €20 billion a year, which affect the lives of almost every person in the State. As
the nature of our business changes, the organisation must adapt and structure itself in the most efficient
way for effective service delivery. Functions move between locations in the Department to deal with
business efficiencies.
A number of elements of the Communications and Customer Services functions are being brought
together within a new unit in Dublin. One of the consequences of this reorganisation is that over the
coming months 25 staff in the information section Sligo will transition to other important roles in the
area. Government approval is not required for such internal reorganisations.
Sligo is a key location for Departments Services with 654 staff located there. The Department’s office in
College Road in Sligo administers national schemes including State and other Pensions, Household
Benefits, the School Meals Programme and Supplementary Welfare Allowance Policy. Since 2013 the
Department’s office in College Road has taken on all of the following additional functions
administering the deduction at source facility from welfare benefits for Local Property Tax, payments to
the women under the Magdalen Commission Scheme and the Back to School Clothing and Footwear
Allowance (BSCFA). The administration of the BSCFA in Sligo, since 2015, involves the recruitment of
some 50 staff, mainly local, for a period of up to 6 months. More recently payment of the Water
Conservation Grant was administered from the Sligo Offices. The Department also has an Intreo Centre
in Sligo, located at Cranmore Road.
The change to Information section location is in no way a diminution in the Department’s regional office
structure; 65% of the Department’s 6,300 staff are located outside of Dublin. Sligo was among the first
locations within the Department selected for decentralisation, with 450 posts earmarked to decentralise to
Sligo in 1989. A further seven successful decentralisation initiatives have followed, with staff and
schemes areas administered from Letterkenny, Buncrana, Roscommon, Longford, Dundalk and
Waterford.
Within the Department, the movement of staff between roles is ongoing and actively managed to allow
the Department respond to changing demands while promoting staff development and better succession
planning. Such moves, including the movement of staff from Information Section to other business areas,
are supported where necessary by the provision of training and other supports. Other than such costs, the
staff changes mentioned will incur no additional cost to the Exchequer. The transfer of staff between
locations, whether by way of internal or external transfer lists or redeployment will continue to take place
in accordance with all relevant agreements.
13/12/2016WRL00100
13/12/2016WRL00450Disability Allowance Applications13/12/2016WRL00500272. Deputy Michael
HealyRae asked the Minister for Social Protection the status of an application for a disability allowance
in respect of a person (details supplied); and if he will make a statement on the matter. [39388/16]
13/12/2016WRL00600Minister of State at the Department of Social Protection (Deputy Finian
McGrath):
I confirm that my Department received an application for disability allowance from this man on 12
October 2016. On completion of the necessary investigations on all aspects of the claim a decision will be
made and the person concerned will be notified directly of the outcome. The processing time for
individual disability allowance claims may vary in accordance with their relative complexity in terms of
the three main qualifying criteria, the person’s circumstances and the information they provide in support
of their claim.
I trust this clarifies the matter for the Deputy.
13/12/2016WRL00650Disability Allowance Payments13/12/2016WRL00700273. Deputy Martin
Kenny asked the Minister for Social Protection if he will prioritise the case of a person (details supplied)
in order that they will receive payment in time for Christmas. [39393/16]13/12/2016WRL00800Minister
of State at the Department of Social Protection (Deputy Finian McGrath):
This lady has been awarded disability allowance with effect from 13 April 2016. The first payment will
be made by her chosen payment method on 4 January 2017.
Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and
applied in respect of any overlapping payments or in respect of outstanding overpayments (if applicable).
13/12/2016WRL00850Disability Allowance Eligibility13/12/2016WRL00900274. Deputy Richard Boyd
Barrett asked the Minister for Social Protection the status of a disability allowance in respect of a person
McGrath):
I confirm my department received a request for a review from this man on 13 February 2016 regarding
his Disability Allowance (DA)application. In order to determine the circumstances of the person
concerned, his file was forwarded to his local Social Welfare Inspector (SWI). The SWI will arrange to
meet with the person in question as soon as possible.
A decision on his entitlement to DA will be made on receipt of the Social Welfare Inspector’s report. The
person concerned will be notified directly of the outcome.
13/12/2016WRL01050Family Income Supplement13/12/2016WRL01100275. Deputy Robert Troy asked
the Minister for Social Protection if he will review a family income supplement payment for a person
13/12/2016WRL01200Minister for Social Protection (Deputy Leo Varadkar):
The person concerned was awarded Family Income Supplement (FIS) from 11 February 2016 to 8
February 2017.
The rules governing the payment of FIS state that once granted, it is payable at the same rate for a 52
week period as long as the underlying employment conditions are satisfied regardless of a change in
circumstances.
There are only two exceptions to this rule which are set out in legislation. The exceptions are:
(i) Where there is an additional qualified child through birth/fostering/adoption
(ii) Where One Parent Family (OFP) ceases due to the youngest child reaching the age threshold for that
scheme.
As the change in circumstances in this case is not one of the specified changes that may trigger a review
of FIS rate, FIS will remain in payment to her at the present rate until her renewal date in February 2017,
provided the underlying employment conditions remain satisfied. She then may apply for a renewal of
FIS based upon her circumstances at that time.
I trust that this clarifies the matter for the Deputy.
13/12/2016WRL01250Disability Allowance Applications13/12/2016WRL01300276. Deputy Tom
Neville asked the Minister for Social Protection the status of an application for a disability allowance in
McGrath):
I confirm that my Department received an application for disability allowance from this man on 11
October 2016. On completion of the necessary investigations on all aspects of the claim a decision will be
made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative
complexity in terms of the three main qualifying criteria, the person’s circumstances and the information
they provide in support of their claim.
13/12/2016WRL01450Rural Social Scheme13/12/2016WRL01500277. Deputy Thomas Pringle asked
the Minister for Social Protection his views on concerns by the IFA regarding changes made to the rural
social scheme in budget 2017, including the threeyear time limit and the minimum age set at 25 years of
age; and if he will make a statement on the matter. [39428/16]13/12/2016WRL01600Minister for Social
Protection (Deputy Leo Varadkar):
The Rural Social Scheme (RSS) provides opportunities for farmers and fishermen and women who are
currently in receipt of specified social welfare payments to work to provide certain services of benefit to
rural communities. While communities benefit from the skills and talents of local farmers and fishermen,
participants also have the opportunity to improve existing skills, or develop new skills, while performing
valuable work in their local communities. Since it was introduced in 2004, community groups have
benefitted from the many projects undertaken through the scheme with minimal cost to the Exchequer. It
has also played an important role in sustaining rural communities.
As part of the social welfare budget package for 2017, I announced an increase of €5 a week in the
personal rate of payment for RSS participants from March 2017. I also announced an additional 500
places on the scheme to be rolled out in 2017 which will increase the overall number to 3,100. My
Department intends allocating these places as early as possible in 2017, taking into account a number of
factors. These include the number of places already allocated, the demand for places in particular areas,
work opportunities available and the numbers of farmers and fishermen and women in receipt of income
support. In allocating the additional places, the Government recognises the valuable contribution the RSS
is making to the provision of services to communities across Ireland.
Eligibility for participation on the scheme will continue to be limited to those in receipt of certain
specified social welfare payments and all participants must be also actively engaged in farming or fishing.
In future, all new entrants to the RSS will have to be over 25 years of age. I believe this is appropriate as
it will give younger people an opportunity to explore other training or education options before entering a
longterm work programme.
In addition, a 6 year overall participation limit will be introduced on the scheme. This will ensure that
there will be a throughput of places available. In this context, the Deputy should note that almost 50% of
the current participants have been on the RSS for over 10 years so opportunities for new people to go on
the scheme are limited. It should also be remembered that income support will still be available to eligible
farmers and fishermen in the form of Farm or Fish Assist.
Existing RSS participants will remain on the scheme as long as they continue to satisfy the eligibility
conditions of the scheme. The new conditions outlined above will only apply to new RSS entrants.
13/12/2016WRL01650Disability Allowance Applications13/12/2016WRL01700278. Deputy Tom
Neville asked the Minister for Social Protection the status of a disability allowance application in respect
of a person (details supplied); and if he will make a statement on the matter. [39429/16]
McGrath):
The application for disability allowance, based upon the evidence submitted, was refused on medical
grounds and this lady was notified in writing of this decision on 11 July 2016. The person in question
requested a review of the decision by a deciding officer (DO) and submitted additional evidence for
consideration. The review has now been concluded by a DO but the outcome is that the decision to refuse
on medical grounds has been confirmed. The person in question is being notified directly of the outcome
of this review. They will also be advised of their right to appeal this decision to the independent social
welfare appeals office.
13/12/2016WRL01850Invalidity Pension Payments13/12/2016WRL01900279. Deputy Willie
O’Dea asked the Minister for Social Protection when a decision will be made in relation to an application
for an invalidity pension by a person (details supplied); and if he will make a statement on the
matter. [39433/16]13/12/2016WRL02000Minister for Social Protection (Deputy Leo Varadkar):
The gentleman referred to has been awarded invalidity pension with effect from the 13 October 2016.
Payment will issue to his nominated bank account on the 05 January 2017. Any arrears due from 13
October 2016 to 04 January 2017 (less any overlapping social welfare payment and/or outstanding
overpayment) will issue in due course. He was notified of this decision on the 08 December 2016.
13/12/2016WRL02050Jobseeker’s Allowance Appeals13/12/2016WRL02100280. Deputy Martin
Kenny asked the Minister for Social Protection if an appeal for a jobseeker’s allowance will be prioritised
for a person (detail supplied); and if a decision will issue before Christmas 2016. [39445/16]
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred
to an Appeals Officer on 22 November 2016, who will make a summary decision on the appeal based on
the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals
Office functions independently of the Minister for Social Protection and of the Department and is
responsible for determining appeals against decisions in relation to social welfare entitlements.
13/12/2016WRL02250Carer’s Allowance Applications13/12/2016WRL02300281. Deputy Brendan
Griffin asked the Minister for Social Protection if a decision has been made on a review of a carer’s
allowance application in respect of a person (details supplied) in County Kerry; and if he will make a
statement on the matter. [39446/16]13/12/2016WRL02400Minister for Social Protection (Deputy Leo
Varadkar):
I confirm that my Department received an application for carer’s allowance (CA) from the person
concerned on 2 June 2016 in respect of two care recipients. It is a condition for receipt of a CA that the
person being cared for must have a disability whose effect is that they require fulltime care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance
throughout the day in connection with normal bodily functions or continuous supervision in order to
avoid danger to him or herself and likely to require that level of care for at least twelve months.
The evidence submitted in support of this application was examined and the deciding officer decided that
this evidence did not indicate that the requirement for fulltime care was satisfied in respect of both of the
care recipients concerned. The person concerned was notified on 29 September 2016 of this decision, the
reason for it and of her right of review and appeal.
Subsequently, the person concerned requested a review of this decision and submitted additional evidence
in support of her application in respect of both care recipients. The review now has been completed and
the outcome is that CA is awarded to the person concerned in respect of one of the care recipients but, in
the case of the second care recipient, the original decision to disallow has been confirmed. The person
concerned has been notified of these decisions and of her right of appeal to the independent social welfare
appeals office.
13/12/2016WRL02450Disability Allowance Applications13/12/2016WRL02500282. Deputy Robert
Troy asked the Minister for Social Protection if he will expedite a disability allowance application in
13/12/2016WRL02600Minister of State at the Department of Health (Deputy Finian McGrath):
This man is currently being reviewed for continued eligibility for disability allowance (DA). I confirm
receipt of his medical diagnostic report and this report is being considered by a deciding officer. In the
meantime, the person in question will continue to receive payment of DA. I trust this clarifies the matter
for the Deputy.
Question No. 283 withdrawn.
13/12/2016WRL02650Domiciliary Care Allowance13/12/2016WRL02700284. Deputy Kevin
O’Keeffe asked the Minister for Social Protection if he will expedite an application in respect of a person
(details supplied) in view of the medical circumstances of the person. [39452/16]
McGrath):
An application for domiciliary care allowance (DCA) was received in respect of this child on the 10th
November 2016. The application will be consider by a Deciding Officer and the decision notified to the
applicant as soon as possible. Applications are processed in date of receipt order and it can currently take
up to 14 weeks from date of receipt to process an application for DCA.
13/12/2016WRL02850Departmental Expenditure13/12/2016WRL02900285. Deputy Niall Collins asked
the Minister for Social Protection the total photography costs for his Department per annum since March
2011 inclusive of costs incurred from use of the ministerial allowance in tabular form; the occasions for
which photographers were booked; the photographers used; the breakdown of costs associated with each
his Department; and if he will make a statement on the matter. [39476/16]13/12/2016WRL03000Minister
for Social Protection (Deputy Leo Varadkar):
Since taking office as Minister for Social Protection there has only been two occasions organised by the
Department whereby photography services where used at an event that I attended as Minister.
Photography services are used on occasion, in conjunction with some press releases and conferences, to
communicate the Department’s initiatives, schemes and services to customers and to the regional and
national media. I do not use my ministerial allowance for this purpose. The costs for photography for
2011 to 2016 are as follows:
Date of InvoiceCompany Event Cost € 29/07/2011 Maxwell Photography Launch of
JobBridge 1,035.16 07/11/2011 Ark Photography Mortgage Arrears Seminar 254.10 09/11/2011 Ark
PhotographySocial Inclusion Forum 254.10 21/11/2011 Ark Photography 2 Social Inclusion
Projects 326.70 2011 Total 1,870.06
Date of Invoice Company Event Cost € 13/02/2012 Maxwell Photography Launch of “Partial Capacity”
and “EmployAbility” 338.25 23/02/2012 Maxwell Photography Launch of Pathways to
Work 536.28 27/04/2012 Lensmen Photography AgencyOpening of Community Campus in
Phibblestown 280.44 06/09/2012 Ark Photography Launch of Mortgage Information
Helpline 258.30 13/09/2012 Ark Photography Launch of Good Practice Guide for Breakfast
Clubs 184.50 17/09/2012 Ark Photography Presentation of Report of the Actuarial Review of the Social
Insurance Fund 184.50 15/10/2012 Joe Travers Launch of Intreo, Sligo 300.00 19/10/2012 Picsure Ltd
Kieran Clancy Intreo roadshow in Limerick 233.70 26/10/2012 Joe Travers Employer roadshow in
Galway 125.00 01/11/2012 Tony O’Connell Photography Employer roadshow in
Cork 227.00 16/11/2012 Ark Photography Employer Roadshow in Dublin 258.30 2012 Total 2,926.27
Date of Invoice Company EventCost € 22/03/13 Lensmen Photographic Agency Launch of Intreo in
Tallaght by Minister Burton on 22/03/13 323.48 16/04/13 MacMonagle Photography Launch of JobBridge
Arts in Killarney 338.25 19/04/13 Lensmen Photographic Agency Launch of Intreo in Blanchardstown on
19/04/13 851.25 01/05/13 Lensmen Photographic Agency Publication of Indecon Report on JobBridge on
01/05/13 589.79 23/07/13 Maxwell Photography Ltd Launch of Pathways to Work 2013 on
18/07/13 482.16 30/09/13 Maxwell Photography Ltd Labour Market Advisory Council Meeting on
25/09/13 424.35 22/11/13 Joe Travers Launch of Intreo in Loughrea by Minister Burton and An Taoiseach
on 22/11/13 225.00 2013 Total 3,234.28 15/01/14 Ark Photography Launch of Benefit of Work ready
reckoner and official opening of Ballyfermot Intreo Office 322.88 20/01/14 Kieran Clancy Official
Opening of Limerick Intreo Office 221.4021/02/14 Joe Travers Official Opening of Castlebar Intreo
Office and Castlebar Employer Briefing 300.00 03/06/14 Ark Photography Launch of Interim Report of
Labour Market Council 258.30 10/10/14 Ark Photography Launch of Pathways to Work
2015 387.45 2014 Total 1,490.03
Date of Invoice Company Event Cost € 29/12/14 Mac Innes Photography Ltd Official Launch of
secondment of 20 Gardai to SIU 378.84 30/04/15 Mac Innes Photography Ltd Photography: Meeting of
Tánaiste with French PM Manuel Valls 246.32 30/09/15 Maxwell Photography Limited Photography:
Launch of Jobs Week 2015 413.28 11/11/15 Joe Travers Photography: Official Opening of Intreo Centre
Galway 175.00 2015 Total 1,213.44 02/11/15Robbie Reynolds Photography Ltd Official Opening of
Clondalkin Intreo Centre 553.50 22/01/16 Maxwell Photography Ltd Launch of Pathways to Work 2016
2020 645.75 29/11/16Photocall Ireland Official opening of Elizabeth O’Farrell
House 92.25 06/09/16 Jason Clarke Photography Intreo Careers Fair in Dublin
Castle 492.00 22/11/16 Fennel PhotographyDSP/National College of Ireland education
initiative. 504.00 2016 Total 2,287.50
13/12/2016WRL03050Consultancy Contracts Data13/12/2016WRL03100286. Deputy Niall Collinsasked
the Minister for Social Protection the external consultant reports commissioned by his Department since
March 2011 per annum, in tabular form; the costs per report; the company involved; the title of the report;
and the publication date. [39492/16]13/12/2016WRL03200Minister for Social Protection (Deputy Leo
Varadkar):
The information requested by the Deputy is set out in the following table:
Reports commissioned by Department of Social Protection since March 2011 (PQ 39492/16)
Report Name of Consultants Commissioned Publication Date Cost € 2011 Social Welfare Appeals Office
– Research on Insurability Issues & Access to Legal Resources Mel Cousins &
Associates 2011 2011 €7,744 Report on electronic access to GRO Records for genealogy research John
Grenham Apr2011 Internal Management Report €3,557 Investigation of odour/smells, Belmullet Local
Office Wright Environmental Services Apr2011 Internal Management Report €1,699 Investigation of
odour/smells, DSP Cobh Employment Health Advisors Ltd May2011 Internal Management
Report €2,023 Development & implementation of the National Employment & Entitlements
Service Accenture June2011 Aug2011 €186,563 Report on Pension Charges in Ireland PWC Oct
2011 Oct2012 €61,500Social Inclusion Forum – Conference Report Aidan Lloyd Nov2011 Aug
2012 €1,500 2012 FÁS IS Applications Systems Review Accenture Jan2012 Internal Management
Report€44,772 Analysis & Measurement of Poverty & Deprivation 2012:1.Work & Poverty in Ireland: An
Analysis of CSO Survey on Income & Living Conditions 20042010 (2012 annual report)2. Technical
Paper on Poverty Indicators – [Appendix C of Report of the Review of the National Poverty Target]3.
Implications of Income Pooling & Household DecisionMaking for Poverty & Deprivation (2012
technical paper) ESRI Jan2012 1. Dec20122. Oct20123. Oct 2013 €81,230 Review of Irish Pensions
Policy OECD Jan2012 Apr2013 €130,000 Actuarial Review of the Social Insurance Fund KPMG Feb
2012 Jun2012 €153,750 Evaluation of JobBridge (National Internship Scheme) Indecon International
Economic Consultants Apr2012Apr2013 €59,555 Developing system architecture for the National
Employment & Entitlements Service Compass Point June2012 Internal Management Report €4,600 Risk
assessments regarding reception areas [Arklow, Tallaght, & Kings Inn, Dublin Local Offices] Nifast June
2012 Internal Management Report €1,845 Air Quality Investigation, Ballymun Local OfficeWright
Environmental Services Aug2012 Internal Management Report €3,644 Air Quality Investigation, Áras
Mhic Dhiarmada Wright Environmental Services Aug2012 Internal Management Report €3,383 Report
on Pension Priority Order Mercer Sep2012 Feb2013 €18,450 Contracted Employment Service
Model Centre for Economic & Social Inclusion Nov2012 Internal Management
Report €140,989 2013 Mobile ApplicationsOpportunity Exploration Accenture Feb2013 Internal
Management Report €33,388 Social Inclusion Forum – Conference Report Aidan Lloyd Mar2013 Sep
2013 €1,500 Health & Safety Review of DSP premises, Upper Gardiner St, Dublin 1 CPL Training Ltd,
trading as Nifast Health & Safety Training Apr2013 Internal Management Report €1,100 Diet
Supplement Diet Costings Update Irish Nutrition & Dietetic Institute Apr2013 Sep2013 €4,000 Analysis
& Measurement of Poverty & Social Exclusion (AMPSE) 2013 programme:1. Social Transfers & Poverty
in Boom & Recession (for 2013 annual report) 2. Indicators of Economic Strain in the Great Recession
(for 2013 technical paper) ESRI June2013 1. Dec2013 2. Apr2014 €67,979 Auto
Enrolment & Applicability to Ireland (Pensions) TOR Financial Consulting Ltd. Mid2013 Internal
Management Report €9,900 A Review of Inwork Supports for the Advisory Group on Tax and Social
Welfare Mel Cousins & Associates July2013 €10,000Delivery of Administrative Profiling Models to
Identify those at Risk of Labour Market Disadvantage ESRI July2013 June2014 €33,745 Report on
Organisation Development Axiom Consultants Sept 2013 Internal Management
Report €122,692 Advisory report on implementation of European Youth Guarantee in Irish
circumstances Organisation for Economic cooperation & Development (OECD) Sept 2013 Jan
2014 €50,000 Evaluation of the Youth Guarantee Pilot Franklin Research Ltd Oct 2013 Jan
2015 €20,000* Evaluation Research (Back to Education Allowance) ESRI Nov2013 Internal
Management Report €24,809 Survey Air quality in Nutgrove Local Office Wright Environmental
Services Nov2013 Internal Management Report €2,900 Social Welfare Appeals Office – Research into
Revising Decisions Mel Cousins & Associates Dec 2013 Internal Management
Report €2,400 2014 Social Inclusion Forum – Conference Report Aidan Lloyd Mar2014 Dec
2014 €1,650 Analysis & Measurement of Poverty & Social Exclusion 2014 programme: 1. Transitions
into and out of household joblessness using CSO SILC data 2. Measuring Irish joblessness: The SILC and
LFS data sources ESRI Q12014 1. Sept20152. May2015 €80,000 Security Partner Services IT
Forensics Deloitte Mar2014 Internal Management Report €2,398 Forensic Services Rits Apr
2014 Internal Management Report €2,340 Forensic Services Rits Apr2014 Internal Management
Report €4,201 Identification & containment of malicious software Deloitte Apr2014 Internal
Management Report €15,699 Assessment for Application Lifecycle Management Microsoft Ireland May
2014 Internal Management Report €22,586 Exante Evaluation to support the preparation of the
Operational Programme for the European Fund for the Most Deprived 20142020 Mel Cousins &
Associates July2014 Internal report required by EU Regulation (EU) No 223/2014 €16,000 Microfilm
Condition Report Martin Bradley, Archives and Records Management Consultant Nov 2014 Internal
Management Report €1,691 Report on the effectiveness & efficiency of the guidance model used during
Youth Guarantee Pilot NUI Maynooth Nov2014 Internal Management Report €14,145* Survey Air
quality in Waterford Intreo Wright Environmental Services Dec 2014 Internal Management
Report €6,863 2015 Review of the EmployAbility (Supported Employment) Service Indecon International
Economic Consultants Jan2015 Review complete December; Publication date to be
decided €59,280 Policy and practice report: Key lessons learned from the Ballymun Youth Guarantee
Project NUI Maynooth Jan2015 March 2015 €11,135* Evaluation of the Disability Activation
Project Indecon International Economic Consultants Feb2015 November 2015 €29,520 Forensic
Services Rits Mar2015 Internal Management Report €11,480 Windows Tablet PC Hardening Review
(Limited Scope)Windows Laptop PC Hardening Review (Limited Scope)Windows Phone Device
Hardening Review (Limited Scope) Deloitte Mar2015 Internal Management Report €4,151 Project
coordination of Critical Incident Stress Management (CISM) Work Positive Framework Sharon
Gallagher Mar 2015 To be determined following completion of the review €3,000 Social Inclusion Forum
– Conference Report Aidan Lloyd Mar2015 Q3 2016 €1,650 Confidential Information Security
Report Deloitte July2015 Internal Management Report €7,749 Technical review of rent supplement under
the Equal Status Acts. Mel Cousins & Associates July 2015 Internal Management
Report €18,000 Jobseeker Customer Satisfaction Survey W5 Marketing Intelligence Ltd Aug2015 Q1
2016 €71,463 Analysis & Measurement of Poverty & Social Exclusion 2015 Programme:1. Changes in
social risks by lifecycle group2. Developing a multidimensional quality of life indicator ESRI Q3 2015
Q3 2015 Q3 2016 Q4 2016 €80,000 Evaluation of the Suitability, Effectiveness and Relevance of the
JobBridge Activation Programme Indecon International Economic Consultants Sept 2015 Published
October 2016 €134,895 Evaluation of the Effectiveness of Activation Reforms ESRI Oct 2015 Q1
2017 €118,315 External quality assessment of DSP Internal Audit under the D/PER Internal Audit
standards 2012 EisnerAmper Ireland Nov2015 Internal Management Report €5,535 Information Security
Reports Grant Thornton Dec 2015 Internal Management Report €10,332 2016 Review of the Local
Employment Services and Job Club services Indecon International Economic Consultants Nov2016 To be
determined following completion of the review. Est. €87,232 Review of the Predictive Analytic
Modelling Solutions for the Dept. of Social Protection. The Analytics Store Ltd. Jul2016 Internal
Management Report €9,471 Back to Education Allowance Qualitative Study BMG Research Oct2016 Q1
2017 €50,670 Jobseeker and JobPath Customer Satisfaction Survey 2016 – (this is the next annual round
of Jobseeker Customer Satisfaction Survey which was originally commissioned in Aug 2015.) W5
Marketing Intelligence Ltd Jun2016 Q1 2017 €124,549.80 (includes €71,463 expenditure on report
commissioned Aug 2015 and published Q1 2016)
* EU Funded Reports
13/12/2016WRL03250Public Relations Contracts Data13/12/2016WRL03300287. Deputy Niall
Collins asked the Minister for Social Protection the details of the use of external public relations firms
employed by his Department per annum since March 2011 in tabular form; the list of uses of the external
public relations firm; the internal Department policy with regard to employing external groups; and if he
will make a statement on the matter. [39508/16]13/12/2016WRL03400Minister for Social
Since my appointment as Minister for Social Protection on 6 May this year, my Department has not
employed any external public relations firms.
It is the policy of the Department of Social Protection that its Press Office deals with all media queries
and public relations matters. My Department’s policy is to use inhouse resources as much as possible
and to restrict the use of external public relations firms to a minimum.
During the period referred to by the Deputy, prior to my appointment to this office, the Department has
used the services of one external public relations firm for training purposes, details of which are outlined
in the following table:
Year Company Function 2012 Carr Communications, 5 Northumberland Road, Ballsbridge, Dublin
4Communications training for senior management. 2014 Carr Communications, 5 Northumberland Road,
Ballsbridge, Dublin 4Media Skills oneday training for a group of officials. 2015Carr Communications, 5
Northumberland Road, Ballsbridge, Dublin 4Interview training for a group of managers
13/12/2016WRL03450Community Employment Schemes Review
13/12/2016WRL03500288. Deputy Thomas P. Broughan asked the Minister for Social Protection if his
attention has been drawn to the fact that many useful community and socioeconomic functions have lost
community employment workers that have not been replaced; if important civic roles carried out by these
workers will be maintained; and if he will make a statement on the matter. [39514/16]
My Department is conscious of the valuable contribution employment schemes, such as Community
Employment (CE), are making in the provision of services to individuals and communities across Ireland.
As the Deputy is aware, these schemes provide a very important and valued contribution to social
employment, training and progression to employment and further education for unemployed people.
Furthermore, many CE schemes provide vital community services across the country.
CE is a demandled scheme. With the Live Register numbers falling, some schemes may have issues
filling available places. In this regard, my Department’s Intreo staff can assist CE sponsors in ensuring
maximum utilisation of CE places and if any scheme is experiencing particular difficulties filling
vacancies, they should contact their local Intreo office as soon as possible.
13/12/2016WRL03650Community Employment Schemes Data
13/12/2016WRL03700289. Deputy Thomas P. Broughan asked the Minister for Social Protection the
number of community employment places provided in each of the years from 2013 to date in 2016; the
number of these that were unfilled for periods during each of those years; and if he will make a statement
on the matter. [39515/16]13/12/2016WRL03800Minister for Social Protection (Deputy Leo Varadkar):
The aim of the community employment (CE) programme is to enhance the employability of
disadvantaged and unemployed people by providing work experience and training opportunities for them
within their communities. My Department is also very conscious of the valuable contribution the schemes
are making in the provision of services to individuals and communities across Ireland.
The number of people on CE fluctuates on an ongoing basis as vacancies arise and are filled on schemes.
With reducing numbers on the Live Register, which is the main target cohort for CE, demand for places
may also vary.
The numbers of people employed on CE at the end of December 2013 to 2015 and at end November 2016
are as follows:
Year Amount2013 23,943 2014 24,645 2015 24,218 2016 23,590
The Deputy should note that the Live Register for the same period fell from 12.4% (December 2013) to
7.3% (November 2016). I hope this clarifies the matter for him.
13/12/2016WRL03850Community Employment Schemes Data
13/12/2016WRL03900290. Deputy Thomas P. Broughan asked the Minister for Social Protection his
plans for the community employment scheme for 2017; and if he will make a statement on the
matter. [39516/16]13/12/2016WRL04000Minister for Social Protection (Deputy Leo Varadkar):
My Department provides a range of activation supports and programmes catering for longterm
unemployed jobseekers and those most distant from the labour market. These include programmes such
as Community Employment (CE) and Tús. As the Deputy will be aware, CE schemes provide parttime
temporary work in their local communities, including opportunities for training and development as a
steppingstone back to employment, for people in receipt of a range of social welfare payments, including
those on a longterm jobseeker’s payment.
CE schemes help to break the cycle of unemployment and improve a person’s chances of returning to the
labour market. My Department is also very conscious of the valuable contribution the schemes are
making in the provision of services to individuals and communities across Ireland.
With the ongoing welcome reductions in the Live Register, issues such as the appropriate level of
expenditure, the number of places and the criteria for participation on employment schemes, including
CE, are all being considered. I hope to be in a position to bring a Memorandum to Government on these
matters in the coming weeks. If there are any changes to be made, consultations with stakeholders will be
facilitated.
13/12/2016WRL04050Defined Benefit Pension Schemes13/12/2016WRL04100291. Deputy Michael
McGrath asked the Minister for Social Protection the number of defined benefit pension schemes being
administered here; the number of these that are in deficit; the total of the combined deficit; his plans to
address the issue; and if he will make a statement on the matter. [39528/16]
The latest figures from the Pensions Authority show that the number of Defined Benefit schemes subject
to the funding standard is 681. Within this group there are 184 schemes in deficit that are subject to the
funding standard. The total combined deficit of these schemes is€3.049 billion. It is the responsibility of
the trustees of a pension scheme to ensure compliance with the funding standard and other obligations set
out in the Pensions Act 1990, as amended. The purpose of the funding standard is to give an indication as
to whether a scheme is properly funded and to highlight issues that may need addressing either by the
trustees or the employer or, failing that, intervention by the regulatory authority established to oversee the
pension sector, the Pension Authority.
Once a scheme fails to comply with the funding standard, pensions legislation sets out the necessary steps
to be taken by the scheme. The Authority both advises on and supervises the process but ultimately it is
up to the scheme to take all steps to put in place the supports or changes to once again enable the scheme
comply with the funding standard. Should the scheme fail to take all actions required to comply with the
funding standard, the Authority has the necessary statutory powers to require the scheme to do so.
13/12/2016WRL04250Social Welfare Overpayments13/12/2016WRL04300292. Deputy Willie
O’Dea asked the Minister for Social Protection the number of persons in 2016 to date that have been
subject to sanctions by his Department; the savings made by his Department in 2016 to date due to
sanctions; the administrative cost to his Department of applying sanctions; and if he will make a
statement on the matter. [39536/16]13/12/2016WRL04400Minister for Social Protection (Deputy Leo
Varadkar):
In order to qualify for a jobseeker payment, a person must meet certain conditions, including that they are
unemployed and are available for, capable of and genuinely seeking fulltime work. In addition to
providing this income support the Department also provides employment services and supports to
unemployed jobseekers and expects jobseekers who are in receipt of a payment to engage with these
services in order to improve their prospects of securing employment and achieving financial self
sufficiency.
This approach is in line with the principle of ‘rights and responsibilities’ whereby an unemployed
jobseeker has a right to receive income and employment supports from the State but also has a
responsibility to engage with those State service if requested to do so. All jobseekers acknowledge this
responsibility in writing when they claim a jobseeker payment.
Failure of a jobseeker to engage, without good cause, with the Department’s employment services can
have consequences for the jobseeker’s payments. Legislation provides that a Department deciding officer
can apply a reduced payment in such circumstances.
The process of applying a penalty rate includes written and verbal warnings and an opportunity for the
jobseeker to reengage with the services prior to the application of a reduced payment rate. The number of
penalty rates applied from 1 January 2016 to 4 December 2016 was 10,428. Reductions in payments due
to penalty rates are not recorded or considered as control savings. Therefore, a savings figure is not
available.
However, on the basis that there are 1,100 – 1,300 penalty rates of payment in force at any one time, the
weekly reduction in payments is estimated at circa €48,000 €57,000 or approximately €2.5m €3m per
annum. It should be noted that the application of penalty rates of payment can be appealed and payments
reinstated with refunds.
The length of time involved in the application of each penalty rate varies from case to case, depending on
individual circumstances. The average administrative cost of the application of a penalty rate has been
estimated at €19.73.
This calculation is based on the assumption that the decisions are made at Executive Officer level and that
the process takes an hour on average, including the meeting at which a verbal warning is given, the
decision to apply and the application of the penalty rate.
13/12/2016WRL04450Debt Collection13/12/2016WRL04500293. Deputy Bernard J. Durkan asked
the Minister for Social Protection if debt can be deferred in the case of a person (details supplied); and if
he will make a statement on the matter. [39544/16]13/12/2016WRL04600Minister of State at the
My department is in contact with the person concerned with proposals for the recovery of the debt. The
debt recovery officer is still awaiting a response to the recovery proposal sent to the person concerned on
16 November 2016. I trust this clarifies the matter for the Deputy.
13/12/2016WRL04650Ministerial Correspondence13/12/2016WRL04700294. Deputy John Brady asked
the Minister for Social Protection if he has used any private unsecured email accounts for official
business; and if he will make a statement on the matter. [39590/16]13/12/2016WRL04800Minister for
Social Protection (Deputy Leo Varadkar):
I want to advise the Deputy that I have a private email account for personal and party business. I do not
use it for Departmental business. I hope this clarifies the matter for the Deputy.
13/12/2016WRM0010013/12/2016WRM00200School Meals Programme
13/12/2016WRM00300295. Deputy Joan Burton asked the Minister for Social Protection if his attention
has been drawn to the fact that the school canteen is closed in a school (details supplied) and that hot
meals are no longer being served to the children after 40 years of unbroken service; the steps he will take
to ensure that the hot meal service is resumed as a matter of urgency; and if he will make a statement on
the matter. [39595/16]13/12/2016WRM00400Minister for Social Protection (Deputy Leo Varadkar):
As the Deputy will be fully aware the school meals programme provides funding towards the provision of
food services to schools and organisations at a cost of €42 million in 2016. There are two schemes
operated under the school meals programme. The first is the school meals local projects scheme through
which funding is provided directly to participating schools and local and voluntary community groups
who run their own school meals projects. The second scheme is the urban school meals scheme which is
operated by local authorities and partfinanced by my Department.
The school in question has participated in the school meals local projects scheme since 2002 providing a
breakfast and a homework club up to and including the last academic year. For the current academic year
the school applied to run a breakfast and a lunch club and their application has been approved. The
application was received on 5 December 2016 and funding for the current academic year has been
significantly increased over that in the previous year from some €11,500 to €43,000.
Department officials have been advised that the hot meals supplied previously by the school were
supplied by Dublin City Council and was administered with the aid of community employment (CE)
staff.
Schools are not permitted to sponsor CE schemes and CE participants cannot be employed by schools to
work in areas that are directly related to the schools. In 2014, my Department became aware that CE
participants were working in this school and subsequently advised the local sponsor of their obligations
with regard to the placement of participants. It is understood that an agreement was reached between the
sponsor and the school in 2014 to put an exit strategy in place whereby the participants would be left in
the school for an appropriate period to afford the school the opportunity to put the necessary
arrangements in place. In late October 2016, my Department was advised that the Sponsor Board of the
CE scheme had decided to withdraw the final CE Participant from the School. This CE position cannot be
reinstated.
It is a matter for the school to determine how the provision of this service continues to be resourced. I
trust this clarifies the matter for the Deputy.
13/12/2016WRM00500Dietary Allowance Administration13/12/2016WRM00600296. Deputy Richard
Boyd Barrett asked the Minister for Social Protection the documentation that a recipient of dietary
supplement is required to provide when a review is being carried out; and if he will make a statement on
the matter. [39601/16]13/12/2016WRM00700298. Deputy Richard Boyd Barrett asked the Minister for
Social Protection the reason the dietary supplement was closed for new applicants; his plans to reinstate
this supplementary allowance; and if he will make a statement on the matter. [39603/16]
13/12/2016WRM00800Minister for Social Protection (Deputy Leo Varadkar):
Diet supplement, administered under the supplementary welfare allowance (SWA) scheme, is payable to
qualifying persons, in receipt of the supplement prior to February 2014, who have been prescribed a
special diet as a result of a specified medical condition. There are currently 3,400 in receipt of the diet
supplement.
Following the outcome of a review of the costs of healthy eating and specialised diets by the Irish
Nutrition and Dietetic Institute commissioned by the Department during 2013, the scheme has been
closed to new applicants from 1 February 2014. The research showed that the average costs of the diets
supplemented under the scheme could be met from within one third of the current rate of personal social
welfare payments. A decision was taken to allow existing recipients to continue to receive the diet
supplement at the current rate of payment for as long as they continue to have an entitlement to the
scheme or until their circumstances change. This measure ensured that nobody was immediately worse
off by the closure of the scheme. I have no plans to reinstate this allowance.
The Deputy should be aware that in cases of particular hardship that may present, officials in my
Department have the legislative power to award a payment under the SWA scheme in cases of
exceptional need.
In reviewing a person’s continued entitlement to diet supplement, both medical and financial need must
be established. This can be established by producing the appropriate medical evidence. However, if a
permanent need for the diet was originally established no further medical evidence is required and the
review is concerned with financial means only.
In relation to verification of financial means, documentation required on review of diet supplement can
include bank statements, payslips, certified accounts, stocks, shares or any other document that shows
proof of means.
13/12/2016WRM00900Dietary Allowance Applications13/12/2016WRM01000297. Deputy Richard
Boyd Barrett asked the Minister for Social Protection the documentation that is outstanding from the
review of a dietary supplement which has been suspended in respect of a person (details supplied); and if
he will make a statement on the matter. [39602/16]13/12/2016WRM01100Minister for Social
As part of an annual review of Diet Allowance payment, requests was issued to the person concerned to
submit completed documentation on 8 February 2016 and 2 March 2016. Despite a further request on 7
April 2016 the requested documentation remained outstanding and the Diet Allowance payment was
suspended on 21 July 2016. On 9 December 2016 a letter together with the necessary forms was resent to
the person concerned requesting the outstanding documentation. Upon receipt the review can be
completed and a decision regarding payment of the Diet Allowance will be made.
I hope that this clarifies the matter for the Deputy.
13/12/2016WRM01400Carer’s Allowance Payments13/12/2016WRM01500300. Deputy Tom
Neville asked the Minister for Social Protection when payment of carer’s allowance will issue to a person
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of
the available evidence including that adduced at the oral hearing, has decided to allow the appeal of the
person concerned. The person concerned has been notified of the Appeals Officer’s decision. The Social
Welfare Appeals Office functions independently of the Minister for Social Protection and of the
Department and is responsible for determining appeals against decisions in relation to social welfare
entitlements.
13/12/2016WRM01700Local Employment Service13/12/2016WRM01800301. Deputy John Brady asked
the Minister for Social Protection further to Parliamentary Question No. 153 of 29 September 2016, the
way in which figures on referrals to the local employment service provided for 2015 and 2016 were
arrived at; the person who supplied these figures; and if he will make a statement on the
matter. [39626/16]13/12/2016WRM01900Minister for Social Protection (Deputy Leo Varadkar):
The figures provided in the answer to the relevant parliamentary question were obtained from my
department’s Activation Case Management (ACM) computer system. The ACM system replaced the
former FAS Client Services System (CSS) on a phased basis during 2015. The figures provided represent
the number of referred clients who were on the caseload of the Local Employment Services (LES) at the
end of 2015 and at end August 2016. Due to the changeover in computer systems the cumulative number
of referred clients is not available for 2015.
13/12/2016WRM02000Carer’s Allowance Applications13/12/2016WRM02100302. Deputy John
McGuinness asked the Minister for Social Protection if carer’s allowance will be approved in respect of a
person (details supplied). [39627/16]13/12/2016WRM02200Minister for Social Protection (Deputy Leo
Varadkar):
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered
in that office on 27 July 2016. It is a statutory requirement of the appeals process that the relevant papers
and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the
Department of Social Protection. These papers have been received in the Social Welfare Appeals Office
on 11 November 2016 and the case will be referred to an Appeals Officer who will make a summary
decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing. The
Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the
Department and is responsible for determining appeals against decisions in relation to social welfare
entitlements.
13/12/2016WRM02300Carer’s Allowance Applications13/12/2016WRM02400303. Deputy Kevin
O’Keeffe asked the Minister for Social Protection the status of a carer’s allowance in respect of a person
(details supplied). [39628/16]13/12/2016WRM02500Minister for Social Protection (Deputy Leo
Varadkar):
I confirm that my department received an application for carer’s allowance (CA) from the person
concerned on 8 September 2016. The application was referred to a local social welfare inspector (SWI) to
assess the level of care being provided, assess means and confirm that all the conditions for receipt of
carer’s allowance are satisfied. Once the SWI has reported, a decision will be made and the person
concerned will be notified directly of the outcome.
13/12/2016WRM02600Illness Benefit Appeals13/12/2016WRM02700304. Deputy Michael Healy
Rae asked the Minister for Social Protection the status of an illness benefit appeal in respect of a person
13/12/2016WRM02800Minister of State at the Department of Social Protection (Deputy Finian
McGrath):
The person concerned was found to be capable of work on 10 May 2016 and appealed the decision. On
review of this decision during the appeal process, the person concerned was found incapable of work 12
August 2016 and the appeal was therefore withdrawn. The person concerned will be aware that a number
of other issues remain to be resolved in relation to her claim for Illness Benefit. The person concerned
also made an application for Partial Capacity Benefit (PCB). In accordance with the processing
procedures for PCB claims, the application was referred to a medical assessor on 12 December 2016 to
provide an opinion on the capacity of the person concerned to work. When this opinion is provided, it will
feed into the overall entitlement of the person concerned under PCB scheme qualification conditions.
Regard will also be had to the conclusion of the engagement with her regarding her previous Illness
Benefit claim.
13/12/2016WRM02900Community Employment Schemes Data13/12/2016WRM03000305. Deputy Pat
Casey asked the Minister for Social Protection the progression figures by region of community
employment, Tús and JobPath, in 2016; the budgets allocated for each of these schemes in tabular form;
and if he will make a statement on the matter. [39632/16]13/12/2016WRM03100Minister for Social
JobPath is a relatively new approach whereby the Department has procured additional resources, under
contract, to enable it to provide a high quality casemanaged employment support service to people who
are longterm unemployed. JobPath supplements the internal case management capacity of the
Department’s Intreo service and the Local Employment Service. Over the past year, this additional
capacity has enabled the Department to provide an intensive employment support and advisory service to
over 60,000 longterm unemployed jobseekers who would otherwise not have received such a service.
JobPath aims to place people into fulltime sustainable employment. The period of engagement with the
service for any individual is typically 52 weeks. During that time they receive intensive individual
support to help them to overcome barriers to employment and, if a person is placed into a job, they will
continue to receive support for at least three months and up to an additional twelve months while in
employment. The JobPath service was rolled out on a phased basis from mid2015. Data in respect of the
first groups who have completed their engagement period is currently being compiled and is expected to
be available shortly.
Community Employment (CE) and Tús are both employment programmes funded by my Department.
Their main purpose is to help longterm unemployed people to reenter the active workforce by breaking
their experience of unemployment through a return to work routine. The budgets for 2016 for CE and Tús
are €376.5m and €121.08m respectively.
The progression rate into employment (based on total exits from CE) was 34.6% in November 2016,
while overall progression (including entry to further education) was 40.3% (see table 1). This is in the
context of 8,619 participants exiting CE in the year up to November 2016.
Table 1: Progression from CE by Division November 2016
Community Employment Progression to Employment (%) Progression to Education (%) Total
Progression (%) Cork Central 33.7 8.7 42.4 Dublin Central 33.1 5.3 38.4 Dublin
North 40.2 4.3 44.5 Dublin South 37.6 9.9 47.5 Mid Leinster 52.2 6.7 58.9 Midlands
North 47.8 4.7 52.5 Midlands South 32.7 6.038.7 Mid West 27.4 3.7 31.1 North East 34.0 4.9 38.9 North
West 21.3 3.8 25.1 South East 37.6 6.3 43.9 South West 33.0 7.8 40.8 West 28.2 4.2 32.4 National
Total 34.6 5.7 40.3
Source: CSM Extracts November 2016
The progression rate for Tús for 2016 will not be available until early in 2017.
13/12/2016WRM03200State Pension (Contributory)13/12/2016WRM03300306. Deputy Anne
Rabbitte asked the Minister for Social Protection the reason a person (details supplied) does not qualify
for maximum rate pension despite having 1,690 reckonable paid and credited contributions; the reason it
is calculated as a yearly average; and the way in which this person can qualify for maximum rate
pension. [39663/16]13/12/2016WRM03400Minister for Social Protection (Deputy Leo Varadkar):
In social welfare legislation, the eligibility conditions for state pension (contributory) stipulate that an
applicant must have entered insurable employment before attaining the age of 56 years, have at least 520
paid contribution weeks since entry into insurance, and:
(for a maximum rate pension) have a yearly average of 48 paid and/or credited contributions from 1979,
or from their date of entry into insurable employment, to the end of the last complete tax year preceding
their 66th birthday, or
(for a reduced rate pension) have a yearly average of at least 10 paid and/or credited contributions
recorded from 1953, or from their date of entry into insurable employment (whichever is the later), to the
end of the tax year preceding their 66th birthday.
According to the records of the Department, the person concerned has a total of 1,690 paid and credited
contributions over a 49year period from 1965 to December 2013. This gives her a yearlyaverage of 34
contributions and entitlement to a reduced rate of state pension (contributory). To qualify for a maximum
rate pension, a minimum yearly average of 48 (that is at least 2,352 paid/credited contributions in this
case) would be required.
It is open to the applicant to provide details relating to any gaps or omissions in her insurable employment
history between 1978 and 1991. If sufficient information is furnished, an Inspector of the Department will
be asked to investigate the matter. In some cases, an Inspector’s findings may result in a claimant’s
insurance record being updated and their pension entitlement reviewed by a Deciding Officer.
13/12/2016WRM03500Carer’s Allowance Applications13/12/2016WRM03600307. Deputy Peter
Burke asked the Minister for Social Protection if he will expedite an application for carer’s allowance for
a person (details supplied); and if he will make a statement on the matter. [39713/16]
concerned on 20 April 2016. The application was referred to a local social welfare inspector (SWI) to
assess the level of care being provided, assess means and confirm that all the conditions for receipt of
carer’s allowance are satisfied. I can confirm that the SWI has completed the investigation and has
received all outstanding documentation requested. The SWI will submit the report on this case to the
deciding officer as soon as possible so that a decision on the case may be made. The person concerned
will be notified directly of the outcome.
Should you need further assistance with this query please do not hesitate to contact Philip in my office.
13/12/2016WRM03800Social Welfare Benefits13/12/2016WRM03900308. Deputy Shane Cassells asked
the Minister for Social Protection if the Christmas bonus will be extended to families that receive the
family income supplement in view of the fact the Christmas period is a difficult and expensive time for
lowincome families; and if he will make a statement on the matter. [39714/16]
On Budget Day, I announced an 85% Christmas bonus, which was paid earlier this month to over 1.2
million beneficiaries of all the weekly schemes to which the bonus previously applied, such as
pensioners, people with disabilities, carers, lone parents and longterm jobseekers. Family Income
Supplement (FIS) recipients were never eligible for the bonus in the past and similar arrangements apply
this year. As a result of Budget 2017, FIS recipients may benefit from the improvements to the USC rates
introduced by my colleague, the Minister for Finance. FIS recipients with younger children may also
benefit from the Single Affordable Childcare scheme introduced by my colleague, the Minister for
Children and Youth Affairs.
13/12/2016WRM04100Invalidity Pension Applications13/12/2016WRM04200309. Deputy Michael
Ring asked the Minister for Social Protection when the review of an invalidity pension application by a
person (details supplied) will be complete in view of the fact that it has been ongoing for some time; and
if he will make a statement on the matter. [39731/16]13/12/2016WRM04300Minister of State at the
Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness
or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions. The
department received a claim for IP for the gentleman concerned on 03 June 2016. He was refused IP on
the grounds that the medical conditions for the scheme were not satisfied. He was notified on the 26 June
2016 of this decision, the reasons for it and of his right of review or appeal.
The gentleman requested a review of this decision and submitted further medical evidence in support of
his request. Following a recent review of all the information available a deciding officer has confirmed
the original decision to disallow the claim on medical grounds. He was notified on 07 December 2016 of
the outcome of the review and of his right to appeal the decision to the Social Welfare Appeals Office
within 21 days.
13/12/2016WRM04400Invalidity Pension Applications13/12/2016WRM04500310. Deputy Pat
Breen asked the Minister for Social Protection when a decision will issue to a person (details supplied);
and if he will make a statement on the matter. [39750/16]13/12/2016WRM04600Minister of State at the
The gentleman referred to has been awarded invalidity pension with effect from the 10 November 2016.
Payment will issue to his nominated bank account on the 05 January 2017. Any arrears due from 10
November 2016 to 04 January 2017 (less any overlapping social welfare payment and/or outstanding
overpayment) will issue in due course. The gentleman in question was notified of this decision on the 12
December 2016. I hope this clarifies the matter for the Deputy.
13/12/2016WRM04700Invalidity Pension Applications13/12/2016WRM04800311. Deputy Pat
and if he will make a statement on the matter. [39751/16]13/12/2016WRM04900Minister of State at the
or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions. A claim for
IP was received from the lady concerned on the 08 November 2016. In order to establish medical
eligibility two medical report forms have issued to her for completion. On receipt of the completed forms,
the IP claim will be processed as quickly as possible and the lady concerned will be notified directly of
the outcome.
13/12/2016WRM05000Disability Allowance Appeals13/12/2016WRM05100312. Deputy Kevin
O’Keeffe asked the Minister for Social Protection the position regarding an appeal for disability
allowance by a person (details supplied). [39752/16]13/12/2016WRM05200Minister for Social
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered
in that office on 14 September 2016. It is a statutory requirement of the appeals process that the relevant
Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When
these papers have been received from the Department, the case in question will be referred to an Appeals
Officer who will make a summary decision on the appeal based on the documentary evidence presented
or, if required, hold an oral appeal hearing. The Social Welfare Appeals Office functions independently of
the Minister for Social Protection and of the Department and is responsible for determining appeals
against decisions in relation to social welfare entitlements.
13/12/2016WRM05300Pensions Data13/12/2016WRM05400313. Deputy Róisín Shortall asked
the Minister for Social Protection the number of persons in receipt of a secondary UK state pension as
notified to his Department by the UK’s Department for Work and Pensions in each of the years 2013 to
2016 to date; the number of persons here in receipt of a US social security pension, as notified by US
authorities in each of the years 2013 to 2016 to date; and the number of persons in receipt of pensions
from other EU/EEA states as notified to his Department in each of the years 2013 to 2016 to date, by
country, in tabular form. [39775/16]13/12/2016WRM05500Minister for Social Protection (Deputy Leo
Varadkar):
The information requested is not available as my Department is not notified of the number of recipients of
a secondary pension from the United Kingdom by the Department of Work and Pensions; nor is it
notified of the number of recipients of a pension from other EU/EEA states. As a result of the bilateral
social security agreement with the United States, the US authorities provide an annual summary of all US
benefits paid to residents in Ireland. However, it is not possible to provide a breakdown of the number of
beneficiaries of a US social security pension from this data. The following table shows the number of
persons in receipt of US benefits as notified by the US authorities to my Department in December of each
of the years 2013, 2014 and 2015:
Year Total number of beneficiaries of US Benefits paid to residents in
Ireland 2013 10,025 2014 10,127 2015 10,194
the Minister for Social Protection the number of meetings his staff have held in each of the years 2013 to
2016 with staff of the Revenue Commissioners specifically to discuss the issue of nondisclosure of
foreign pensions here. [39776/16]13/12/2016WRM05800Minister for Social Protection (Deputy Leo
Varadkar):
My Department and the Revenue Commissioners have an ongoing relationship around the provision of
services to the public and to secure the respective welfare and revenue systems against fraud.
Arrangements between the two bodies, including the exchange of customer information and joint anti
fraud operations, are overseen by a High Level Group of officials drawn from both organisations which
meets on average 45 times per year.
There have been no discussions on the issue of the nondisclosure of foreign pensions.
the Minister for Social Protection the number of persons that are in receipt of pensions from other
EU/EEA states as notified to his Department in each of the years 2013 to 2016 to date, by country, and
who are also in receipt of a noncontributory pension from his Department, in tabular form. [39777/16]
The only data formally notified to the Department by another EU/EAA State on this matter is from the
Department of Work and Pensions (DWP) in the United Kingdom. Since 2014, DWP sends the
Department a complete list each year of the people residing in the State who are in receipt of a British
Retirement Pension. This list is then matched against the Department’s records to identify those who are
in receipt of an Irish State pension noncontributory.
The following table sets out, for each year since 2014, the number of such cases notified to the
Department and the total number of those still in receipt of State pension noncontributory at end
November 2016.
Year Cases notified Still in payment at end November,
2016 2016 10,250 10,119 2015 10,132 9,241 2014 9,382 7,838
13/12/2016WRM06200Traveller Accommodation13/12/2016WRM06300316. Deputy Pat Buckley asked
the Minister for Social Protection the amount of the funding allocated for the Cork County Council
Traveller accommodation programme that has been drawn down in 2016; and if his attention has been
drawn to the fact that a number of Traveller families are homeless in the area without any plans for them
to be provided with housing at this time. [39783/16]13/12/2016WRM06400Minister for Social
This is a matter for my colleague the Minister for Housing, Planning, Community and Local Government.
13/12/2016WRM06500Rural Social Scheme Eligibility13/12/2016WRM06600317. Deputy Michael
Fitzmaurice asked the Minister for Social Protection the reason a son cannot nominate his father to use
their herd number, even though that herd number was passed from his father to him for the purposes of
obtaining a placement on a rural social scheme, in view of the fact that other Departments are
encouraging the older generation to pass on family farms to the younger generation; and if he will make a
statement on the matter. [39793/16]13/12/2016WRM06700318. Deputy Michael Fitzmaurice asked
the Minister for Social Protection the reason a son cannot nominate his herd number for his father to
obtain a placement on a rural social scheme, in view of the fact that a wife can nominate her herd number
for her husband and a sister can nominate her herd number for a brother; and if he will make a statement
on the matter. [39794/16]13/12/2016WRM06800Minister for Social Protection (Deputy Leo Varadkar):
The Rural Social Scheme (RSS) is an income support initiative to provide parttime employment
opportunities for farmers or fishermen who are in receipt of certain social welfare payments and are
underemployed in their primary occupation. The work undertaken is primarily to support local service
provision via community, voluntary and notforprofit organisations, provided that this does not displace
existing service provision or employment.
In order to retain eligibility for participation on the RSS, participants must continue to be actively
farming/fishing and retain entitlement to the underlying qualifying DSP payment. An eligible farmer must
also have a valid herd number. Participation is by voluntary selfselection and is dependent on the
availability of vacancies in the relevant locality.
Eligible RSS participants are offered contracts of one year’s duration. Contracts are reviewed annually
subject to participants continuing to satisfy the underlying criteria for the scheme and subject to local
demands.
There are provisions under the scheme for an eligible applicant to use a herd number belonging to a
spouse, parent or a sibling provided they satisfy the other conditions of the scheme, including being
actively farming. There are no provisions under the scheme for a son to pass his herd number to his father
for the purposes of participation on the scheme and there are no plans to change these rules and
conditions. This is to ensure that access to limited places is available for those who need it most.
The Deputy will appreciate that there is significant demand for places on the RSS and only people who
satisfy the conditions can be considered for participation.
As part of Budget 2017, I announced an additional 500 places on the RSS and I plan on allocating these
early in the New Year.
13/12/2016WRN0010013/12/2016WRN00200Pensions Reform
13/12/2016WRN00300319. Deputy Michael McGrath asked the Minister for Social Protectionhis plans to
introduce new rules whereby solvent companies have to cover pension deficits as in the United Kingdom;
and if he will make a statement on the matter. [39801/16]13/12/2016WRN00400Minister for Social
In Ireland, occupational pension schemes are generally set up under trust and are maintained by the
employer on a voluntary basis. The trust deeds and rules of a scheme differ from one to another and, as
with any contractual situation, reflect the level of obligation on the parties involved. While the Pensions
Act provides a framework for the regulation and supervision of occupational pension schemes, it does not
impose any requirement on an employer to fund scheme benefits or maintain an existing scheme.
These matters have been considered many times during comprehensive reviews of the pensions system in
Ireland. The introduction of a debt on employer would raise a range of issues and possible consequences
for defined benefit schemes, some of which may not be beneficial for members.
It is not clear whether a change in the law could be applied to existing Schemes as well as new ones and it
is not clear that any change in the law could apply to deficits already accrued as opposed to future ones.
There are strong arguments both for and against the introduction of an employer obligation. While such
an obligation may seem to provide stability and certainty for scheme members it may result in less
desirable outcomes such as:
prompting wellfunded schemes to wind up to avoid the new obligations being imposed thus making the
change in the law counterproductive;
threatening the company’s financial stability and in some circumstances rendering employers insolvent
thus resulting in the loss of job or a diminution in pay, terms and conditions of employees;
impacting on the company’s creditors, including debts owed to other businesses, SMEs, and/or
individuals impacting on the company’s shareholders and share values, many of which may be held by
other pension funds, credit unions or small scale investors;
impacting on company debt, investment and growth and the employers’ ability to raise funds, to expand
or create new employment;
giving a competitive advantage to employers who never provided a pension and those with ‘riskfree’
defined contribution schemes.
I would like to assure the Deputy that the issues in relation to defined benefit schemes are continuously
scrutinised by the Department, especially in the present environment.
I hope this clarifies the issue for the Deputy.
13/12/2016WRN00500Departmental Legal Cases13/12/2016WRN00600320. Deputy Peadar
Tóibín asked the Minister for Social Protection if his Department has been involved in any court
proceedings that involved nondisclosure agreements in the past five years; and if so, if the specific court
ruling prevented knowledge of the court proceeding from being made known and knowledge of the
participants to the court proceedings from being made known for each of these agreements. [39873/16]
13/12/2016WRN00700Minister for Social Protection (Deputy Leo Varadkar):
My Department is examining the relevant records to assess the feasibility of providing the Deputy with all
of the information requested. The Deputy will be provided with the outcome of this exercise as soon as
possible.
13/12/2016WRN00800Farm Assist Scheme Applications13/12/2016WRN00900321. Deputy Willie
Penrose asked the Minister for Social Protection the status of an application by a person (details supplied)
in County Kildare for farm assist; and if he will make a statement on the matter. [39891/16]
In relation to the client’s application for Farm Assist, a request for documentation was sent to the person
concerned on 05/12/2016. When these documents are received and assessed by the Social Welfare
Inspector, arrangements will be made to visit the farm to complete the means assessment and a decision
on his claim will follow.
13/12/2016WRN01100Domiciliary Care Allowance Applications
13/12/2016WRN01200322. Deputy Robert Troy asked the Minister for Social Protection if he will
expedite an application for domiciliary care allowance for a person (details supplied) who urgently
requires this payment; and if he will make a statement on the matter. [39903/16]
13/12/2016WRN01300Minister of State at the Department of Social Protection (Deputy Finian
McGrath):
An application for domiciliary care allowance (DCA) was received from this lady on the 10th October
2016. This application has been forwarded to one of the Department’s Medical Assessors for their
medical opinion. Following receipt of this opinion, a decision will be made by a Deciding Officer and
notified to the applicant. Applications are processed in date of receipt order. It can currently take 14
weeks to process an application for DCA.
13/12/2016WRN01500Disability Allowance Applications13/12/2016WRN01600324. Deputy Pat
and if he will make a statement on the matter. [39919/16]13/12/2016WRN01700Minister of State at the
I confirm that my department received an application for disability allowance from this man on 1
November 2016. On completion of the necessary investigations on all aspects of the claim a decision will
be made and the person concerned will be notified directly of the outcome.
The processing time for individual disability allowance claims may vary in accordance with their relative
complexity in terms of the three main qualifying criteria, the person’s circumstances and the information
they provide in support of their claim.
13/12/2016WRN01800Disability Allowance Payments13/12/2016WRN01900325. Deputy Tom
Neville asked the Minister for Social Protection if arrears due from a disability allowance claim will issue
to a person (details supplied); and if he will make a statement on the matter. [39954/16]
McGrath):
This lady was in receipt of another social welfare payment during the period 10 August 2016 to 22
November 2016. Consequently, the amount of social welfare already paid required calculation and was
deducted from any arrears due. This process was completed by my department as quickly as possible.
Disability allowance arrears issued to the person in question on 7 December 2016.
I trust this clarifies the matter for the deputy.
Breen asked the Minister for Social Protection when a decision on a disability allowance application will
issue to a person (details supplied); and if he will make a statement on the matter. [39955/16]
McGrath):
I can confirm that my department received an application for disability allowance from this man on 6
October 2016.
On 9 December 2016 the person concerned was requested to supply supporting documentation required
by the deciding officer in order to make a decision on his eligibility. On receipt of this information a
decision will be made and the person concerned will be notified of the outcome.
Breen asked the Minister for Social Protection when a decision on a disability allowance application will
issue to a person (details supplied); and if he will make a statement on the matter. [39956/16]
McGrath):
I confirm that an application from the person concerned for disability allowance (DA) was received by
my department on 26 October 2016. The application has been referred to a Social Welfare Inspector
(SWI) for a report on the person’s means and circumstances. Once the SWI has submitted his/her report
to DA section, a decision will be made on the application and the person concerned will be notified
directly of the outcome.
13/12/2016WRN02700Invalidity Pension Applications13/12/2016WRN02800328. Deputy Kevin
O’Keeffe asked the Minister for Social Protection if he will review a decision taken on an application for
an invalidity pension in respect of a person (details supplied). [39959/16]13/12/2016WRN02900Minister
of State at the Department of Social Protection (Deputy Finian McGrath):
or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
The department received a claim for IP for the lady concerned on the 09 August 2016. She was refused IP
on the grounds that the medical conditions for the scheme were not satisfied. She was notified on the 11
November 2016 of this decision, the reasons for it and of her right of review and appeal. The lady
concerned requested an appeal of this decision and submitted further medical evidence in support of her
request. Following a review of all the information available the DO is now satisfied that the medical
conditions for the scheme are satisfied.
The lady concerned has been awarded invalidity pension with effect from the 11 August 2016. Payment
will issue to her nominated bank account on the 15 December 2016. Any arrears due from 11 August
2016 to 14 December 2016 (less any overlapping social welfare payment and/or outstanding
overpayment) will issue in due course. She was notified of this decision on the 09 December 2016.
13/12/2016WRN03000JobPath Implementation13/12/2016WRN03100329. Deputy Gerry Adams asked
the Minister for Social Protection if it is a requirement of the JobPath scheme that participants must
attend JobPath offices in order to do job searches; if this is the case for participants with small children
who must pay for child care while they attend JobPath meetings; and if he will make a statement on the
matter. [39986/16]13/12/2016WRN03200Minister for Social Protection (Deputy Leo Varadkar):
All jobseekers are required to engage with the Department’s activation service and this obligation applies
irrespective of whether the service is provided by the department’s own case officers or those employed
by the Local Employment Service or by JobPath.
Participants on JobPath receive intensive individual support to help them tackle barriers to employment
and to assist them in finding fulltime sustainable jobs. Each participant is assigned to a personal adviser
who assesses a person’s skills, experience, challenges and work goals. The personal adviser works with
the jobseeker to agree a personal progression plan that includes a schedule of activities, actions and job
focused targets. Participants receive the JobPath service for a period of 12 months (which can be
extended by up to six months to facilitate the jobseeker completing training programmes) or until such
time as they find employment whichever is the sooner. If the jobseeker secures employment during this
period they will continue to receive support for at least three months and up to twelve months while in
employment.
Participants must attend the JobPath offices to engage with the service but there is nothing to prevent a
person from searching for jobs from their own home or elsewhere. The JobPath companies offer expert
job application advice and assistance on an individual basis so attendance at a JobPath office provides a
better opportunity for a person to secure suitable employment.
The JobPath companies take account of individual circumstances and can structure appointments to
accommodate such things as child care and may, on a case by case basis, provide financial support
towards childcare costs.
13/12/2016WRN03300Departmental Properties13/12/2016WRN03400330. Deputy Gerry Adams asked
the Minister for Social Protection if, commencing on 11 December 2016, a security company will be
responsible for opening and closing Government buildings in the Millennium Centre, Dundalk, which
currently accommodates a number of State offices (details supplied); if this function was to date
performed by public servants at the service officer level; if this change contravenes the Lansdowne Road
agreement; and if he will make a statement on the matter. [40006/16]13/12/2016WRN03500Minister for
Social Protection (Deputy Leo Varadkar):
While the Department of Social Protection has a presence in Government Buildings, Millennium Centre,
Dundalk, the Revenue Commissioners are the main tenant of the building. As such they are responsible
for arranging the opening and closing of the building. The Minister for Social Protection has therefore no
statement to make on the matter.
13/12/2016WRN03600Supplementary Welfare Allowance Data
13/12/2016WRN03700331. Deputy Michael Fitzmaurice asked the Minister for Social Protection the
number of persons currently in receipt of the supplementary welfare allowance, jobseeker’s allowance
and jobseeker’s benefit, broken down by the recipients’ age, gender, ethnic background andor
nationality, and the length of time for which they have been in continuous receipt of a social protection
payment, in tabular form; and if he will make a statement on the matter. [40008/16]
The following table shows jobseeker’s allowance recipients as at the end of November 2016:
Age Bands by Sex Duration <3mths 36mths 612mths 12yrs 23yrs >3yrs Grand Total Under
25 5961 3082 53745031 2411 2871 24730 M 3651 1840 3152 2909 1471 1700 14723 W 2310 1242 2222
2122 940 1171 10007 2529 3867 2339 4357 4806 2760 10098 28227 M 2392 1394 2568 2838 16105890
16692 W 1475 945 1789 1968 1150 4208 11535 3034 2918 1995 4234 4932 3091 12310 29480 M 1716
1169 2417 2829 1836 7084 17051 W 1202 826 1817 2103 1255 5226 124293539 2546 1706 3537 4687 2
898 12624 27998 M 1575 999 2016 2677 1699 7520 16486 W 971 707 1521 2010 1199 5104 11512 40
44 2069 1424 3021 4174 2829 12598 26115 M 1259871 1743 2291 1641 7625 15430 W 810 553 1278 18
83 1188 4973 10685 4549 1885 1248 2786 3914 2614 11865 24312 M 1156 731 1697 2112 1470 7452 1
4618 W 729 517 1089 18021144 4413 9694 5054 1539 1056 2305 3352 2366 10302 20920 M 975 622 1
391 1880 1364 6942 13174 W 564 434 914 1472 1002 3360 7746 5559 1152 810 1717 2331 1828 8584 1
6422M 737 516 1039 1369 1077 5989 10727 W 415 294 678 962 751 2595 5695 6064 612 476 1075 177
1 1590 9298 14822 M 425 294 722 1158 1016 6669 10284 W 187 182 353 613 5742629 4538 65 &
over 54 53 128 259 290 1867 2651 M 40 42 92 183 193 1367 1917 W 14 11 36 76 97 500 734 Grand
Total 22603 14189 28534 35257 22677 92417 215677
Jobseeker’s Allowance Recipients as at end of November 2016
Nationality Number of
Recipients AFGHANISTAN 174 ALGERIA 151 ANGOLA 103 BRAZIL 215 BULGARIA 204 CHINA
101CONGO 207 CROATIA 147 CZECH REPUBLIC 595 DEMOCRATIC REPUBLIC OF
CONGO 212 ENGLAND 1787 ESTONIA 257 FRANCE 279 GERMANY 450 GHANA 129HUNGARY
590 IRAN 115 IRAQ 129 IRELAND 177329 ITALY 371 LATVIA 2221 LITHUANIA 3737 MOLDOV
A 121 NETHERLANDS 224 NIGERIA 1289 Other 2057 PAKISTAN256 PHILIPPINES 117 POLAND 9
430 PORTUGAL 280 ROMANIA 2262 RUSSIA 126 SCOTLAND 229 SLOVAKIA 1053 SOMALIA 25
0 SOUTH AFRICA 215 SPAIN 289 SUDAN125 SYRIA 164 UKRAINE 175 UNITED
KINGDOM 7112 USA 277 ZIMBABWE 123 Grand Total 215677
N.B. Nationalities with under 100 recipients respectively have been collated together as “Other”
Jobseeker’s Benefit Recipients as at end November 2016
Age Bands by Sex Duration <3mths 36mths 612mths 12yrs 2yrs >3yrs Grand Total Under
25 855 384231 23 1493 M 445 205 103 6 759 W 410 179 128 17 734 2529 1675 780 739 117 9 5 3325 M
821 371 292 41 3 2 1530 W 854 409 447 76 6 3 1795 3034 2228 1089 1347 223 29 3 4919M 1046 489 5
24 67 13 1 2140 W 1182 600 823 156 16 2 2779 3539 2156 1079 1581 300 24 10 5150 M 1059 461 664
109 7 4 2304 W 1097 618 917 191 17 6 2846 4044 1803 950 1354256 28 7 4398 M 959 468 657 109 14
4 2211 W 844 482 697 147 14 3 2187 4549 1570 750 1163 238 28 11 3760 M 846 392 593 105 12 6 195
4 W 724 358 570 133 16 5 1806 5054 1411737 1078 284 34 11 3555 M 717 378 517 94 19 2 1727 W 69
4 359 561 190 15 9 1828 5559 1301 588 1024 240 31 11 3195 M 623 297 506 103 13 1 1543 W 678 291
518 137 18 10 16526064 1114 515 1000 209 22 9 2869 M 553 245 452 100 10 6 1366 W 561 270 548 10
9 12 3 1503 65 &
over 708 508 1227 205 7 2655 M 326 241 563 102 3 1235 W 382 267 664 103 41420 Grand
Total 14821 7380 10744 2095 212 67 35319
Jobseeker’s Benefit Recipients as at end November 2016
Nationality Number of Recipients CZECH
REPUBLIC 106 ENGLAND225 FRANCE 117 GERMANY 107 HUNGARY 142 IRELAND 29066 ITA
LY 143 LATVIA 342 LITHUANIA 692 Other 780 POLAND 2196 ROMANIA 255 SLOVAKIA 228 SP
AIN130 UNITED KINGDOM 790 Grand Total 35319
N.B. Nationalities with under 100 recipients respectively have been collated together as “Other”.
Supplementary Welfare Allowance (Basic Payments) Recipients as at end November 2016
Age Bands by Sex Duration <3m 36m 6m1y 12y 23y 34y 45y 5y+ Grand Total Under
25 1058 426 383 297 78 29 10 4 2285 M 544225 212 188 43 20 6 1 1239 W 514 201 171 109 35 9 4 3 10
46 2529 838 374 367 366 118 48 22 26 2159 M 458 217 234 253 70 30 16 19 1297 W 380 157 133 113 4
8 18 6 7 862 3034779 393 444 448 147 60 25 68 2364 M 438 217 257 289 87 42 13 48 1391 W 341 176
187 159 60 18 12 20 973 3539 789 348 394 388 150 73 42 77 2261 M 433 191 243 235 85 42 29 431301
W 356 157 151 153 65 31 13 34 960 4044 686 350 395 366 149 75 34 71 2126 M 391 196 226 207 89 54
16 51 1230 W 295 154 169 159 60 21 18 20 896 4549 598 287 383 309 12549 39 63 1853 M 317 156 19
3 155 68 31 22 38 980 W 281 131 190 154 57 18 17 25 873 5054 545 268 334 296 124 54 27 75 1723 M
284 141 175 127 51 23 14 44 859 W 261 127 159 16973 31 13 31 864 5559 417 256 238 218 105 42 23 5
4 1353 M 237 136 122 105 56 25 13 29 723 W 180 120 116 113 49 17 10 25 630 6064 228 134 149 142
54 34 28 46 815 M 132 91 7273 29 19 15 17 448 W 96 43 77 69 25 15 13 29 367 65+ 166 59 44 34 11 13
2 17 346 M 112 39 27 21 5 8 2 9 223 W 54 20 17 13 6 5 8 123 Grand
Total 6104 2895 3131 2864 1061 477 252501 17285
N.B. Nationalities with under 100 recipients respectively have been collated together as “Other”.
13/12/2016WRN03900Social Welfare Benefits Data13/12/2016WRN03950332. Deputy Michael
Fitzmaurice asked the Minister for Social Protection the number of persons who have availed of
education courses, training programs and labour activation programmes, such as Tús and Gateway, who
were previously in receipt of the supplementary welfare allowance, jobseeker’s allowance or jobseeker’s
benefit, broken down by the recipients’ age, gender, ethnic background andor nationality, and the time
for which they were in continuous receipt of a social welfare payment prior to taking up a position in
tabular form; and if he will make a statement on the matter. [40009/16]13/12/2016WRN03975Minister
for Social Protection (Deputy Leo Varadkar):
The information requested by the Deputy in relation to the number of persons that have availed of
education, training and labour market activation programmes such as Tús and Gateway who were
previously in receipt of the supplementary welfare allowance is not readily available in my Department.
The Central Statistics Office publishes the number of persons who are participating on activation schemes
monthly on their website.
The tabular statement details recipients of Jobseeker’s Allowance and Jobseeker’s Benefit whose claim
ended due to having found work, broken down by the recipient’s age, broad nationality grouping, and
length of time in continuous receipt of a social welfare payment prior to finding work. A further
breakdown by sex is not given, due to the statistical disclosure risk associated with the small cell sizes
which would result in some cases.
Number of persons whose Jobseekers Allowance or Jobseekers Benefit Claim was closed for the
specified reason of having found work 1 January to 31 October 2016
<3mths 36mths 6mths1yr 12yrs 23yrs 35yrs >5yrs Grand
Total IRELAND <20 715 537 479 215 1,946 2024 4,842 2,595 1,874 1,342 600 385 91 11,729 2534 1
2,175 5,598 3,871 2,578 1,195 1,338 1,436 28,191 3544 9,106 3,829 2,868 1,641 828 990 1,064 20,326 4
554 11,811 3,063 2,162 1,437 631 652 686 20,442 5559 5,375 1,167 767 471 232 210 203 8,425 6064 4
,074 757 459 244 136 142 94 5,906 Total 48,098 17,546 12,480 7,928 3,622 3,717 3,574 96,965 United
Kingdom <20 18 13 17 5 53 2024 64 63 44 41 14 5 4 235 2534 182 106 78 68 28 31 39 532 3544 29
6 155 101 66 31 39 42 730 4554 604 207 153 92 47 48 61 1,212 5559 167 67 49 35 11 17 11 357 6064
93 36 18 8 2 4 8 169 Total 1,424 647 460 315 133 144 165 3,288 EU
Countries <20 48 38 41 7 134 2024 373 217 141 86 41 8 3 869 2534 2,253 1,207 832 514 226 2
06 132 5,370 3544 2,149 1,081 747 483 281 235 261 5,237 4554 659 367 242 164 99 95 85 1,711 5559
188 81 66 30 24 28 28 445 6064 75 35 15 7 9 7 4 152 Total 5,745 3,026 2,084 1,291 680 579 513 13,918
Number of persons whose Jobseekers Allowance or Jobseekers Benefit Claim was closed for the
specified reason of having found work 1 January to 31 October 2016
Other Countries <20 7 3 2 10 0 0 13 2024 47 32 28 24 5 6 1 143 25
34 220 126 98 66 43 23 19 595 3544 344 186 116 101 41 61 33 882 4554 174 77 75 42 29 18 14 429 55
59 59 15 17 14 4 6 4 119 6064 22 6 4 3 23 1 41 Total 873 445 340 251 124 117 72 2,222 Grand
Total 56,140 21,664 15,364 9,785 4,559 4,557 4,324 116,393
13/12/2016WRN04000JobPath Data13/12/2016WRN04100333. Deputy Michael Fitzmaurice asked
the Minister for Social Protection the total amounts paid to the companies administering the JobPath
programme on behalf of his Department; and if he will make a statement on the matter. [40010/16]
13/12/2016WRN04200334. Deputy Michael Fitzmaurice asked the Minister for Social Protection the
total number of social protection recipients who have participated in the JobPath programme; and if he
will make a statement on the matter. [40011/16]13/12/2016WRN04300335. Deputy Michael
Fitzmaurice asked the Minister for Social Protection the number of persons that have been successfully
placed in gainful employment as a direct result of participation on the jobpath programme broken down to
indicate the numbers placed successfully by each company administering the scheme. [40012/16]
As the deputy will be aware, JobPath is an employment activation service that supports people who are
longterm unemployed (over 12 months) and those most at risk of becoming longterm unemployed to
secure and sustain paid employment.
JobPath supplements the internal case management capacity of my Department’s Intreo service and the
Local Employment Service (LES). JobPath aims to place people into fulltime sustainable employment.
The period of engagement with the service for any individual is typically 52 weeks. During that time they
receive intensive individual support to help them to overcome barriers to employment and if a person is
placed into a job they will continue to receive support for at least three months and up to an additional
twelve months while in employment.
Some 62,000 jobseekers have engaged with the service to date. The JobPath service was rolled out on a
phased basis from mid2015. Job placement data in respect of the first groups who have recently
completed their engagement period are currently being compiled and are expected to be available shortly.
Payments to the JobPath companies amounted to €1.2m in 2015 and €25.2m in 2016.
13/12/2016WRN04500Credit Union Services13/12/2016WRN04600336. Deputy Noel Rock asked
the Minister for Social Protection if his attention has been drawn to the limits that individual credit unions
are placing on the it makes sense scheme, which is designed to drive loan sharks out of the market; if his
attention has been drawn to the fact that a number of institutions have ceased operating the scheme before
Christmas 2016 as they have hit their annual limit; if his attention has been drawn to the number of
institutions that have ceased lending under this scheme for the remainder of 2016; and if he will make a
statement on the matter. [40014/16]13/12/2016WRN04700Minister for Social Protection (Deputy Leo
Varadkar):
A Personal Micro Credit (PMC) Scheme providing for small scale loans by Credit Unions to borrowers
who have difficulty accessing low cost credit was piloted in 30 credit unions for a six month period from
November 2015. Over 1,200 loans were drawn down under the Scheme during the pilot with an overall
value of over €720,000.
The Programme for a Partnership Government provides for the rollout and extension of the Personal
Micro Credit Scheme. Following an evaluation of the pilot, an Implementation Group, which is chaired
by my Department and comprises all relevant stakeholders, is working towards this aim.
While the pilot scheme was targeted towards social welfare customers with access to the Household
Budgeting facility operated by An Post, the scheme has now also been extended to social welfare
recipients who receive their payment electronically into accounts in financial institutions, provided the
loan repayments are made by direct debit or standing order to the credit union.
Incremental progress is being made towards extending the geographical coverage of the Personal Micro
Credit Scheme through efforts to recruit Credit Unions to participate in the scheme.
Accordingly, 94 Credit Unions have signed up to participate in the scheme, resulting in the availability of
the It Makes Sense loan in over 170 local Credit Union offices. Not all of the 94 are currently offering the
loan. Seventeen (17) Credit Unions have decided not to offer loans under the scheme until the New Year
for a number of reasons, including mergers, training requirements and internal resource constraints. A
small number (4) have placed a limit on the number of loans available under the Scheme due to the high
level of demand and the additional administrative work associated with setting up payment through the
Household Budgeting facility. In addition, in order for Credit Unions to be guaranteed payments coming
through the Household Budgeting facility, applications had to be submitted by 12 December to allow for
the timely transfer of loan repayment from An Post to the relevant Credit Union.
Each Credit Union is an independent entity and the approach taken to implementation of the scheme is a
matter for each Credit Union Board, at local level. Credit Unions which have signed up to participate are
committed to making the PMC scheme a success, building on the experience of the pilot and working
towards broadening the reach of the scheme. However, as Credit Unions are bearing all of the risk, a
cautious approach is being taken, in order to ensure that the scheme is sustainable in the longer term.
The list of participating Credit Unions is updated regularly on the website for the It Makes Sense loan
scheme at www.itmakessenseloan.ie/participatingcreditunions and on the It Makes Sense Facebook
page.
I hope this clarifies the matter for the Deputy. Please feel free to contact Philip in my office if you require
any further assistance with this query.
13/12/2016WRN04800Social Welfare Benefits Waiting Times
13/12/2016WRN04900337. Deputy Michael HealyRae asked the Minister for Social Protection the
waiting time for processing applications for payments (details supplied); and if he will make a statement
on the matter. [40035/16]13/12/2016WRN05000Minister for Social Protection (Deputy Leo Varadkar):
The table indicates the social welfare claims by average waiting times on 31 October 2016.
Scheme Average Waiting Time (weeks) Jobseeker’s Benefit 1 Jobseeker’s Allowance 2 Carer’s
Allowance N/A Carer’s Benefit N/A Invalidity Pension 9Disability Allowance 12 Domiciliary Care
Allowance 16 State Pension Contributory 5 State Pension NonContributory 14 Child Benefit (Domestic
& FRA) 3 Child Benefit (EU Regulation)37
13/12/2016WRN05100Disability Allowance Applications13/12/2016WRN05200338. Deputy Joe
Carey asked the Minister for Social Protection when he expects a decision with regard to an application
for disability allowance in respect of a person (details supplied); and if he will make a statement on the
matter. [40037/16]13/12/2016WRN05300Minister of State at the Department of Social
Protection (Deputy Finian McGrath):
This man submitted an application for disability allowance on 28 September 2016.
The application, based upon the evidence submitted, was refused on means grounds and the person in
question was notified in writing of this decision on 9 December 2016 and of his rights of review and
appeal.
13/12/2016WRN05400Carer’s Allowance Applications13/12/2016WRN05500339. Deputy Willie
O’Dea asked the Minister for Social Protection when a decision will be made on a carer’s allowance
application in respect of a person (details supplied); and if he will make a statement on the
matter. [40083/16]13/12/2016WRN05600Minister for Social Protection (Deputy Leo Varadkar):
concerned on 18 August 2016.
The application was referred to a local social welfare inspector (SWI) to assess the level of care being
provided, assess means and confirm that all the conditions for receipt of carer’s allowance are satisfied.
Once the SWI has reported, a decision will be made and the person concerned will be notified directly of
the outcome.
13/12/2016WRN05700Carer’s Allowance Applications13/12/2016WRN05800340. Deputy Michael
HealyRae asked the Minister for Social Protection the status of an application for carer’s allowance by a
person (details supplied); and if he will make a statement on the matter. [40104/16]
concerned on 12 July 2016. Unfortunately, the medical part of the form was not fully and appropriately
completed so it had to be returned. Following a reminder from my Department, this part of the form was
returned on 2 December 2016. The application is currently being processed and once completed, the
person concerned will be notified directly of the outcome.
13/12/2016WRN06000Legislative Programme13/12/2016WRN06100341. Deputy Michael
Moynihan asked the Minister for Social Protection the name and number of Bills in preparation in his
Department and published by his Department since May 2016; the Stage each Bill is at in the Houses of
the Oireachtas; the number of Bills from his Department signed into law; and if he will make a statement
on the matter. [40141/16]13/12/2016WRN06200Minister for Social Protection (Deputy Leo Varadkar):
My Department’s normal legislative cycle involves the enactment of two or more Social Welfare Bills
each year: (a) a Bill in November/December to implement the annual social welfare changes announced
in the October Budget, and (b) a Bill in spring/early summer to provide a legal basis within the social
welfare code for policy, administrative and operational changes (and Budget measures, if required).
I have prepared and published one Bill since May 2016, namely the Social Welfare Bill 2016. The Bill
provides for a range of Budget measures, including increases in weekly welfare rates and the extension of
eligibility for Treatment Benefit and Invalidity Pension to the selfemployed. It also contains a series of
nonBudgetary amendments to the Social Welfare Consolidation Act 2005 across a range of social
welfare schemes.
The Bill was published on 4 November and was passed by the Dáil on 24 November. The Bill is at Report
Stage in the Seanad today, 13 December.
13/12/2016WRN06300Carer’s Benefit Applications13/12/2016WRN06400342. Deputy Brendan
Griffin asked the Minister for Social Protection if a decision has been made on a review of a decision on a
carer’s benefit application in respect of a person (details supplied) in County Kerry; and if he will make a
statement on the matter. [40161/16]13/12/2016WRN06500Minister for Social Protection (Deputy Leo
Varadkar):
I confirm that my department received an application for carer’s benefit from the person concerned on 26
September 2016.
It is a condition for receipt of carer’s benefit that the person being cared for must have a disability whose
effect is that they require fulltime care and attention.
This is defined as requiring from another person, continual supervision and frequent assistance
throughout the day in connection with normal bodily functions or continuous supervision in order to
avoid danger to him or herself.
The evidence submitted in support of this application was examined and the deciding officer decided that
this evidence did not indicate that the requirement for fulltime care was satisfied.
The person concerned was notified on 28 October 2016 of this decision, the reason for it and of her right
of review and appeal.
The person concerned has requested a review of this decision and submitted additional evidence in
support of her application. The review is currently being processed and once completed, the person
concerned will be notified directly of the outcome.
If you require any further assistance with this query please do not hesitate to contact Philip in my office.
13/12/2016WRO00100
Questions Nos. 343 to 347, inclusive, answered with Question No. 270.
13/12/2016WRO00800Overseas Missions13/12/2016WRO00900348. Deputy Jack Chambers asked
the Minister for Foreign Affairs and Trade the status of a review his Department is undertaking relating to
the work and potential remuneration of the 11 special Irish peace monitors on secondment to the OSCE in
eastern Ukraine; and if he will make a statement on the matter. [39390/16]
13/12/2016WRO01000Minister for Foreign Affairs and Trade (Deputy Charles Flanagan):
The OSCE Special Monitoring Mission to Ukraine performs vital work in extremely difficult
circumstances, particularly in Eastern Ukraine. As I outlined in response to a Parliamentary Question No.
343 on 25 October 2016, there is currently no funding for supplementary payments by the Government to
Irish monitors. However, my Department continues to keep the issue under review.
13/12/2016WRO01100Departmental Expenditure13/12/2016WRO01200349. Deputy Niall Collins asked
the Minister for Foreign Affairs and Trade the total photography costs for his Department per annum
since March 2011 inclusive of costs incurred from use of the ministerial allowance, in tabular form; the
My Department only avails of the services of external photographic agencies where it is warranted, in
particular for major events and State occasions. This is a service which my Department provides so that
the media can easily and freely avail of photography where their own staff photographers cannot be fully
accommodated. Events such as the visit of Prince Charles and the Duchess of Cornwall in May 2016, the
visits of US Vice President Joe Biden in June 2016 and US Secretary of State John Kerry in October
2016, resulted in positive overseas media coverage of Ireland.
In September 2011, my Department led a collaborative advertised tender process for the procurement of a
multisupplier competitive framework of photographic service providers. T his is now available for use
by all Government Departments. Details of the framework arrangements and the photographers used are
posted on the National Procurement Service website: www.procurement.ie/suppliers/contracts/1298. The
purpose of this framework is to ensure Departments’ compliance with EU procurement rules and to
ensure value for money by having a competitive process for photographic assignments. In addition, my
Department now makes greater use of inhouse resources for photography, including, for example, at the
AfricaIrish Economic Forum last June.
The total cost of photography to my Department for events which took place over the period to which the
Deputy refers is listed below in tabular form. A small number of invoices for photography at events held
during 2016 have yet to be received. It has not proved possible to give a complete breakdown of the costs
by event for years 2011 and 2012. Nor has it proved possible in the time available to compile a
breakdown of all the photography costs associated with the large number of events organized by Ireland’s
network of 80 diplomatic missions abroad.
2011
HQ Total: €54,224.90
Missions Total: €6,436.63
Total: €60,661.53
2012
HQ Total: €31,638.34
Mission Total: €6,512.64
Total: €38,150.98
2013
HQ Total: €22,602.45
Department Total 2013: €35,354.79
EVENT DATE COST PRINCIPAL(S) PHOTOGRAPHY Photography Visit by German Opposition
Leader Peer Steinbruck 05/03/2013 194.88 Tánaiste and Minister for Foreign Affairs & Trade Fennell
Photography Photography Visit and meeting with Bill Gates 05/03/2013 195.2 Tánaiste and Minister for
Foreign Affairs & Trade Fennell Photography Photography Irish Aid Fellowship training
programme 12/04/2013 204.30 Minister of State Joe Costello, T.D. Liam Burke, Press 22 Photography
Launch of 100 Objects 11/04/2013 206.64 Tánaiste and Minister for Foreign Affairs & Trade Maxwell
Photography Photography Official visit by Chinese Vice Premier Ma 21/11/2013 223.86 Tánaiste and
Minister for Foreign Affairs & Trade Maxwell Photography Photography Visit and meeting with
Norwegian Foreign Minister 05/03/2013 322.89Tánaiste and Minster for Foreign Affairs & Trade Fennell
Photography Photography Official visit US First Lady, Michelle Obama 03/07/2013 327.18 Tánaiste and
Minister for Foreign Affairs & Trade Maxwell Photography Photography Visit by Governor of
Massachusetts 07/06/2013 361.62 Tánaiste and Minister for Foreign Affairs& Trade Maxwell
PhotographyPhotography Visit of Elders 07/06/2013 430.5 Tánaiste and Minister for Foreign Affairs &
Trade Maxwell Photography Photography Western Balkans Conference 07/06/2013 482.16Tánaiste and
Minister for Foreign Affairs & Trade and MoS Lucinda Creighton T.D. Maxwell
Photography Photography Visit of Tánaiste to Belfast 20/06/2013 1036.12 Tánaiste and Minister for
Foreign Affairs & Trade Paul Mcerlane Photography Presidential Distinguished service Awards
2013 26/11/2013 1,074 Tánaiste & Minister for Foreign Affairs & TradeMaxwell
Photography Photography Iveagh House Lecture and event with Kennedy
family 03/07/2013 1198.02 Tánaiste and Minister for Foreign Affairs & Trade Maxwell
PhotographyGlobal Irish Economic Forum 2013 045/10/2013 2,176 Tánaiste & Minister for Foreign
Affairs & Trade Fennell Photography Photography Visit of Canadian Prime
Minister 03/07/20132253.36 Tánaiste and Minister for Foreign Affairs & Trade Maxwell
Photography Photography Visit of Japanese Prime Minister 13/09/2013 2555.94 Tánaiste and Minister
for Foreign Affairs & Trade Maxwell Photography Simon Cumbers Fund Exhibition
Report 17/01/2013 350.86 Minister of State Joe Costello, T.D. Maxwell Photography EU Working group
on Humanitarian Aid Group Shot, Dublin Castle 05/04/2013 154.98 n/a Maxwell Photography Irish Aid
One World One Future 02/05/2013 637.14 Tánaiste and Minister for Foreign Affairs & Trade and MoS
Joe Costello T.D. Maxwell Photography Irish Aid Awards 21/05/2013 364.08 N/A Maxwell
Photography Africa Day 26/05/2013 478.45 Tánaiste and Minister for Foreign Affairs & Trade and MoS
Joe Costello Maxwell Photography Our World Awards Finals 18/06/2013 757.68 n/a Maxwell
Photography EU Multilateral Section Photo (Irish Aid AWEPA
Conference) 27/06/2013 120.54 n/a Maxwell Photography Irish Aid Annual
Report 12/09/2013 206.64 Minister of State Joe Costello, T.D. Maxwell Photography Students
Visit 19/09/2013483.52 N/A Maxwell Photography Irish Aid Volunteer Fair 12/10/2013 137.76 Minister
of State Joe Costello, T.D. Maxwell Photography Irish Aid Chanel College
Boys 25/10/2013 258.30N/A Maxwell Photography Presentation of Credentials by Diplomatic
Corps 27/02/2013 430.8 MoS Jan O’Sullivan, T.D., representing the Government Fennell
Photography Presentation of Credentials by Diplomatic Corps 16/01/2013 359.03 MoS Joe Costello, T.D.
representing the Government Lensmen Photography Presentation of Credentials by Diplomatic Corp Mar
13353.39 MoS Alex White, T.D., representing the Government Lensmen Photography New Year
Greetings Ceremony by President for Diplomatic Corps 971.7 President Higgins Lensmen
Photography Presentation of Credentials by Diplomatic Corps 14/11/2013 266.72 MoS Dinny McGinley,
T.D., representing the Government Maxwell Photography Presentation of Credentials by Diplomatic
Corps 28/11/2013 351.85 MoS Fergus O’Dowd, T.D., representing the Government Maxwell
Photography Presentation of Credentials by Diplomatic Corps27/06/2013 266.72 MoS John Perry, T.D.,
representing the Government Maxwell Photography Presentation of Credentials by Diplomatic
Corps 21/05/2013 334.83 MoS Joe Costello, T.D., representing the Government Maxwell
Photography Presentation of Credentials by Diplomatic Corps 12/09/2013 351.85 MoS Paschal Donohoe,
T.D., representing the Government Maxwell Photography Presentation of Credentials by Diplomatic
Corps 03/10/2013 351.85 MoS Paschal Donohoe, T.D., representing the Government Maxwell
Photography Presentation of Credentials by Diplomatic Corps 10/10/2013 351.85 MoS Alex White, T.D.
representing the Government Maxwell Photography
2016 – to date
HQ Total: € 20,076.40
Department Total 2016 to date: € 30,106.76
EVENT DATE COST PRINCIPAL(S) PHOTOGRAPHY Photography: TRI LATERAL MEETING
WITH SOSNI, NI EXC18/01/2016 568.26 Minster Flanagan and Minister
Fitzgerald Maxwells PHOTOGRAPHY: COMMEMORATIONS EVENT MOS DEENIHAN in Iveagh
House 21/01/2016 676.5 MoS Deenihan Lensmen Photography: UN60 SYMPOSIUM IN IVEAGH
HOUSE with Mary Robinson, Kofi Annan and Peter Sutherland 18/01/2016 895.44 Minister for Foreign
Affairs & Trade, Charlie Flanagan T.D. Maxwells Minister Flanagan Visit to NY – USA 2016 Programme
Launch 08/02/2016 458 Minister for Foreign Affairs & Trade, Charlie Flanagan T.D.Maxwells 4 JPEGS
OF IRISH AID AWARDS 16/06/15 18/01/2016 69 Minister for Foreign Affairs & Trade, Charlie
Flanagan T.D. Maxwells MAXWELL PHOTOGRAPHY Minister attending
networking 16/02/2016 551 Minister for Foreign Affairs & Trade, Charlie Flanagan
T.D. Maxwells Maxwell Photography BT Young Scientist 16/02/2016 672 Minister for Foreign Affairs &
Trade, Charlie Flanagan T.D. Maxwells Photography for Minister Flanagan
Reception 14/04/2016 691 Minister for Foreign Affairs & Trade, Charlie Flanagan
T.D.Maxwells Photography for US delegation 24/03/2016 14/04/2016 913 Minister for Foreign Affairs &
Trade, Charlie Flanagan T.D. Maxwells 1916 Centenary Good Friday Agreement/Abbey Theatre
10/04/16 17/05/2016 1,628 Minister for Foreign Affairs & Trade, Charlie Flanagan T.D. Maxwells jpegs
Min Flanagan Reception 26/03/16 17/05/2016 52Minister for Foreign Affairs & Trade, Charlie Flanagan
T.D. Maxwells Photography at Grangegorman cemetery 26/05/16 17/06/2016 947 Minister for Foreign
Affairs & Trade, Charlie Flanagan T.D. Maxwells Euro 2016 Soccer Championships Safety leaflet launch
27/05/16 17/06/2016 844 Minister for Foreign Affairs & Trade, Charlie Flanagan T.D. Maxwells Min Flan
photo new cabinet 06/05/2016 17/06/2016 17 Minister for Foreign Affairs & Trade, Charlie Flanagan
T.D. Maxwells Prince Of Wales Visit 25/05/16 23/06/2016 1,422 MoS Joe Mc Hugh
T.D. Maxwells Photography For Travelwise App Launch 14/07/2016 551 Minister for Foreign Affairs &
Trade, Charlie Flanagan T.D. Maxwells Photography For Joe Biden Visit June
201614/07/2016 1,412 Minister for Foreign Affairs & Trade, Charlie Flanagan
T.D. Maxwells Photography for Italian Foreign Minister Visit 24/08/2016 964 Minister for Foreign
Affairs & Trade, Charlie Flanagan T.D. Maxwells Photography for Dutch Foreign Minister
31/08/16 26/09/2016 758 Minister for Foreign Affairs & Trade, Charlie Flanagan
T.D. MaxwellsPhotography for UN USG for Peacekeeping Herve Ladsous 14/10/2016 258 Minister for
Foreign Affairs & Trade, Charlie Flanagan T.D. Maxwells Photography Northern Ireland Sec
Visit14/10/2016 499 Minister for Foreign Affairs & Trade, Charlie Flanagan T.D. Maxwells Photography
for UN Youth Delegates 14/10/2016 207 Minister for Foreign Affairs & Trade, Charlie Flanagan
T.D. Maxwells Photography for UK SoS David Davis 14/10/2016 517 Minister for Foreign Affairs &
Trade, Charlie Flanagan T.D. Maxwells Presentation of Credentials by Diplomatic
Corps 22/02/2016 €351.85 Ms. Ann Phelan, T.D.,Minister of State at the Department of the Agriculture,
Food and the Marine and the Department of Transport, Tourism and Sport Maxwell
Photography Photography for New Year Greetings 27 Jan 2016 22/02/2016 €882 Maxwell
Photography Presentation of Credentials by Diplomatic Corps 14/04/2016€351.85 Mr. Seán Sherlock,
T.D.Minister of State for Development, Trade Promotion & NorthSouth Cooperation @ DFAT Maxwell
Photography Presentation Credentials by Diplomatic Corps 14/05/2016 €351.82 Mr. Jimmy
DeenihanMinister of State for the Diaspora at the Ds/Taoiseach and Foreign Affairs and Trade Maxwell
Photography Presentation of Credentials by Diplomatic Corps 14/07/2016 €351.85 Mr. Joe McHugh,
T.D.Minister of State for the Diaspora and Overseas Development Aid at D/Foreign Affairs and
Trade Maxwell PhotographyPresentation of Credentials by Diplomatic Corps 01/09/2016 €351.85 Mr.
Eoin Murphy, T.D.Minister of State for Financial Services, eGovernment and Public Procurement at
D/Finance, Public Expenditure & Reform Maxwell Photography Presentation of Credentials by
Diplomatic Corps 14/10/2016 €351.85 Mr. Sean Canney, T.D.Minister of State for the Office of Public
Works and Flood Relief Maxwell Photography Photography HOMS
Conference 31/08/2016 €1429.26 Minister for Foreign Affairs & Trade, Charlie Flanagan T.D. Maxwells
13/12/2016WRO01400Consultancy Contracts Data13/12/2016WRO01500350. Deputy Niall
Collins asked the Minister for Foreign Affairs and Trade the external consultant reports commissioned by
his Department since March 2011 per annum in tabular form; the costs per report; the company involved;
the title of the report; and the publication date. [39487/16]13/12/2016WRO01600Minister for Foreign
Affairs and Trade (Deputy Charles Flanagan):
This Department is responsible for two votes Vote 28 (Foreign Affairs and Trade) and Vote 27
(International Cooperation).
My Department commissions external expertise where highly specialised skills are not available within
the Department and, in particular, where ongoing independent evaluation of programmes and projects is
required. During the course of their engagements, these consultants/experts may prepare reports and other
documentation for the Department.
Indepth analysis of issues by external experts has informed and continues to inform my Department’s
policies, allowing for a more targeted use of resources and greater accountability in the allocation of
budgets.
These services are procured by open competitive tendering processes in accordance with EU and national
rules and comply with the overall value for money objective of the Department.
Commission Experts/Consultants Report/Subject Cost (€) Date of publication 2011 Kevin
Moore Support to the Governments of Zambia and South Africa to develop Special Economic Zones for
the promotion of inward investment and employment 17,861 Not Applicable – see footnote* 2011 Paul
Sheane Support to the Governments of Zambia and South Africa to develop Special Economic Zones for
the promotion of inward investment and employment 9,965 * 2011 Stefanie Meredith Review of Irish Aid
Support for Product Development Partnerships in developing countries 10,100 * 2011 Samia Saad Review
of Irish Aid Support for Product Development Partnerships in developing countries 9,198 *
Commission Experts/Consultants Report/Subject Cost (€) Date of publication 2011 Paud
Murphy Development Education Reviews to examine the current funding support and engagement in
each of the priority areas identified in the Development Education strategy (primary, post primary, third
level, adult, community and youth work) 9,064 * 2011 80:20Development Education Reviews to
examine the current funding support and engagement in each of the priority areas identified in the
Development Education strategy (primary, post primary, third level, adult, community and youth
work) 9,870 * 2011 Eilis Murray Development Education Reviews to examine the current funding
support and engagement in each of the priority areas identified in the Development Education strategy
(primary, post primary, third level, adult, community and youth work) 6,068 * 2011 ISOS Development
Education Reviews to examine the current funding support and engagement in each of the priority areas
identified in the Development Education strategy (primary, post primary, third level, adult, community
and youth work) 42,247 * 2011 Bernard McLoughlin Review of the Irish Aid Centre,
Dublin 6,143 * 2011 Cathal Higgins Preparation of a report on the programme of education sector budget
support towards school infrastructural development in Karamoja region and skills development in the oil
sector (Uganda) 5,000 * 2011 Mike Williams Review of Humanitarian Programme Plan for Irish
Aid 18,742 * 2011 Humanitarian Policy Ltd Review of Security Policy & Practice among Irish Aid
Humanitarian Partners 33,930 * 2012 Mike WilliamsEvaluation of the Glencree Centre for Peace and
Reconciliation 12,247 July 2013 2012 PA Consulting Group Evaluating the value of the economic
relationship between the United Kingdom and Ireland 73,083 July 2013 2012 Cathy Roche Review of the
Our World Awards 20052011 6,300 * 2012 Everywhere Consulting Feasibility Study on the
Establishment of a Humanitarian Hub at Shannon Airport 74,982 December 2012 2012 Fintan
Farrelly Review of the Irish Aid Strategic Environmental Partnership Programme 6,000 * 2012 Mike
Williams Review of Misean Cara 15,099 * 2012 Pham Quang Hoa Local consultancy contract ‘Review of
P135 infrastructure projects funded by Irish Aid’ 5,453 * 2012 IOD Parc South Africa Country Strategy
Programme 20082012 Final Report 73,256 January 2013 2012 Itad Evaluation of the Irish Aid Ethiopia
Country Strategy Programme 20082012 143,886 May 2013 2013 Peter McEvoy Evaluation of a number
of Organisations funded by the Emigrant Support Programme(ESP) 13,075 July 2013 2013 Wright
Consultancy Ltd Gender Equality Audit 14,000 * 2013 Mary Jennings Review of HRD (Human Rights
and Democratisation) Scheme Irish Aid Palestine 15,500 * 2013 Bronagh Hinds & Karen McMinn
Consultants Report on the implementation of Ireland’s National Action Plan on UNSCR (United Nations
Security Council Resolution) 1325 on Women, Peace and Security 20,811 June 2013 2013 Gareth
Williams Review of Financial and Programme of the Camara Education Programme 20,000 * 2013 John
Geraghty Review of University College Cork’s Programme of Technical Support Internships for Food
Security7,568 * 2013 Natural Research Institute Review of Irish Aid Support to Fair and Ethical Trade
Initiatives 19,292 * 2013 Pham Quang Hoa Review Programme 135 (for Ethnic Minorities) of Irish Aid
funded infrastructure projects 5,588 * 2013 Gareth Singleton Review of Irish Forum for Global
Health 8.395 * 2013 IOD Parc Evaluation of Irish Aid’s Sierra Leone Strategy Paper, 2011
2013 77,907 August 2014 2013 Mokoro Evaluation of Ireland’s Support to Timor Leste, 2001
2014 85,203 August 2014 2014 Gareth Singleton Review of Royal College of
Surgeons 25,756 * 2014 Tierney & Associates, Risk & Governance Consultants Audit of grants awarded
under Emigrant Support Programme 19,934 * 2014 Hogan Lovells, WashingtonReview of tax, social
insurance and health obligations and other conditions of service in respect of locallyrecruited staff
members at our missions in the United States 57,756 * 2014 Gallup Korea (Korea Gallup Poll Co.
LTD) Working Holiday Agreement Report 7,217 March 2015 2014 Andy Pollak Review of Irish Aid
support for Initial Teacher Education 11,564 * 2014ADETEF OECD DAC EVALNET Study on
Collaborative Partner Donor Evaluation Work 25,000 * 2014 Tran i Ngoc Diep Local input into Review
of Irish Aid scholarship programmes1,502 * 2014 Tom Collins Feasibility Study Celebrating and
Sustaining Ireland’s relationship with Africa 5,000 * 2014 ITAD Limited Mid Term Review of the Civil
Society Support Programme 68,135 * 2014 David Goodman Payne Review of Irish Aid Civil Society
Facility in Vietnam 8,589 Ongoing 2014 Cathy Gaynor/Niamh O’Grady/Gill Roe Evaluability
Assessment of the Programme of Strategic Cooperation 43,200 * 2014 Willis Risk Services (Ireland)
Limited Consultancy for insurance policy report and tender documentation for the Rapid Response
Corps 6,150 * 2014 Mekong Dev Research Institute Impact assessment of Irish Aid funded infrastructure
projects under P135 in 2011 & 2012 43,912 * 2014 Karen McMinnReport and final review on the
implementation of Ireland’s National Action Plan on UNSCR (United Nations Security Council
Resolution) 1325 on Women, Peace and Security 9,750 20152014 Mokoro Evaluation of Irish Aid’s
Uganda Country Strategy Paper 20102014 113,739 * 2014 ASM (B) Ltd Payroll System
Audit 11,636 * 2014 Ground Work Consultancy Review of Nutrition Options for Irish Aid in
Mozambique 5,000 2014 Ground Work Consultancy Review of performance and lessons learned for Irish
Aid funded OFSP projects 3,500 2014 Ground Work Consultancy Review of Irish Aid Nutrition
programming in Vietnam, Cambodia and Laos PDR 13,829 2015 ASM Audit of grants awarded under
Emigrant Support Programme€9,800 * 2015 Peter McEvoy Professional Services for the appraisal of Irish
Aid fellowship Training Programme 16,560 * 2015 Coffey International Development Ltd Review of the
Irish Aid Programme Grant Mechanism 23,588 * 2015 Tran i Ngoc Diep Local input into scoping study to
explore Ireland’s cooperation in the agriculture & agribusiness sector under the IDEAS
programme 4,442 * 2015 Johnny O ‘Regan Organisational Assessment of Mary Robinson Foundation –
Climate Justice 4,400 * 2015 ASM e provision of audit services to examine grants awarded under the
ESP 14,700 * 2015 Mazars ICT Audit 27,552 * 2015 Crowleys DFK Payment System
Audit 19,004 * 2015 Saferworld Conflict Analysis input to the Embassy of Ireland Country Strategy
Paper(CSP) development process Uganda 15,450 * 2015 Dr Cornelius Chipoma Review of the education
Sector programme in the context of Irish Aid Zambia 20132017 CSP Zambia 3,738 * 2015 Charles
Abola Review of Irish Aid support to Acholi Education initiative (AEI) Zambia 12,000 * 2015 Firetail
Ltd Evaluation of the MVIWATA Strategic Plan 20102014 Tanzania 21,450 * 2015 Centre for Social
Research Review of Irish Aid’s support of the Forum from Women’s Educationalist – Uganda
Chapter(FAWEU) 18,942 * 2015Gemma O’Reilly UNFCCC Reporting and Climate Finance Mapping
20142015 27,041 * 2015 Wilberforce MUHWANA Design of the Quality Education Component for the
Development of the Country Strategy Paper 2016 2020 14,400 * 2015 Transparency
international Consultancy to assess the current Governance and Management status of institutions in
Education Sector to appraise Performance, and propose Recommendations to improve Accountability and
Transparency 15,362 * 2015 Stephens Moore Audit and Verification of Grants awarded to the Platform
for Social Protection Zambia for 2013 and 2014 31,550 * 2015 Ann Nolan Review of the Irish Aid – HSE
collaboration 2015 6,300 October 2015 2015 Sebastian Kevany Review of Irish Aid Clinton Health
Access Initiative (CHAI) Partnership 20112015 21,368 * 2015 Ms Mpala Nkonkomalimba Mid Term
Review Process Irish Aid Zambia Country Strategy 201317 6,300 * 2015 Kate Bridges Review of
Partners Logic Models/ theories of change Zambia 6,680 November 2015 2015 Mr Isaac Ngoma Mid
Term Review Public Financial Management (PFM) Assessment Zambia 5,000 November
2015 2015 Lahluva Consultores Annual Planning Report of G19 and Government of Mozambique and
Assessment of Irish Aid Annual Comm to GBS Mozambique 24,000 March
2016 2015 OPTIMOZ Facilitation & Capability Strengthening for Niassa Provincial Leadership Team re
Design of Niassa Provincial Strategic Framework for the PEN – 2027 Mozambique 25,000 November
2015 2015 OPTIMOZ Capability Assessment and Initial Facilitation of Planning Exercise for Niassa
Provincial Leadership Team 201727 Mozambique 4,900 October 2015 2015 Option Consultancy
Services Ltd Review of Social Accountability Approaches in Health 12,872 January 2016 2015 Anne
Nolan Review of HSE MOU 8,100 * 2015 Alasdair Collins DP Evaluation Evaluation of IDEA’s (Irish
Development for Education Association) Capacity Development Programme 20132015 5,212 * 2015 Dr.
Mary Gannon Evaluation of the Worldwise Global Schools Programme 20132016 17,060 Publication
expected in the next few weeks 2015 Cathal Reidy A review of Ireland’s Humanitarian Emergency Relief
Supplies 36,290 * 2015 Ground Work Consultancy Review of Irish Aid Nutrition programmes in
Tanzania 6,558 2016 Right to Change Planning of Irish Aid Country Strategy Programme Tanzania 2017
2022 13,974 * 2016 Grant ornton Audit Services 100,000 * 2016 Emily Mates Stocktake of Nutrition
Engagement 13,612 * 2016Noel Casserly UNFCC Reporting and Climate Finance Mapping 2015
2016 25,370 * 2016 REEV Consult International Evaluation of the CSF and the Partnership
Fund 25,000 * 2016Kevin Carroll Irish Aid Tanzania end of CSP Review 17,250 * 2016 Muriel
Visser Phase III Evaluation of Ireland’s Development Cooperation Programme Vietnam 2011
2015 17,500 *2016 Emmanuel Sulle Land Rights Scoping Study/ Consultancy 7,500 * 2016 Ishihaka
Mwandalima Gender Based Violence scoping study 3,750 * 2016 McQuillans Accounting, Audit and
Financial Services 6,240 * 2016 Alaisdair Collins DP Evaluation Evaluation of the SUas Global Schools
Programme 20122015 10,879 Publication expected shortly 2016 Áine FortuneEvaluation of the 8020
Programme 1,000 Publication expected shortly 2016 PWC Internal audit of Embassy, and external audit of
selected projects/programmes 75,000 * 2016 Dr Cornelius Chipoma Review of the Irish Aid Zambia
Education programme 9,000 * 2016 Luiz Genedio Mendes Jorge Review of the Supreme Audit
Institution’s report and opinion on the State Accounts 2014 4,800 * 2016 Southern Cross
Consulting Review of Embassy of Ireland’s approach to Fellowship in Tanzania 11,430 * 2016 Willis
Towers Watson Study of Compensation Levels Locally engaged staff in diplomatic missions
(USA) 3,150 * 2016 Mercer International Study of Compensation Levels Locally engaged staff in
diplomatic missions (Irish Aid)13,200 * 2016 Eamon Brehony, Alais Nakuyukuyo Morindat Review of
Irish Aid support to Pastoralism in Tanzania 10,450 * 2016 Centre for Law and Democracy Analysis of
anticorruption legislation in Tanzania 2,670 * 2016 ASM Accounting, audit and financial
services 40,000 * 2016 CASE International Consultancy to evaluate the Civil Society
Fund 49,800 *2016 Ingrid Obery Review of partner results and internal capacity building on results based
Management 25,000 * 2016 Anne Nolan/Janet Gruber Review of Global Health and HIV AIDS
Review 39,535 * 2016 Technopolis Review of Product Development partners 19,375 * 2016 Caoimhe
Hughes Review of Annual Reports of Programme Grant Partners 4,000 * 2016 Mr. Sean Mc
Gearty Review of CoOperation Ireland Est. €10,000 + vat.Final cost on completion of the report in
2017 * 2016 M Horizon (UK) Ltd Analysis of recent recommendations issued by the UN Commission on
the Limits of the Continental Shelf €1,788 Not Applicable – see footnote*
*Reports commissioned by the Department in relation to Irish Aid matters are generally for internal
management usage and not for publication. However, many are published on the Irishaid.ie website or, in
appropriate cases, can be made available on request.
13/12/2016WRO01700Public Relations Contracts Data13/12/2016WRO01800351. Deputy Niall
Collins asked the Minister for Foreign Affairs and Trade the details of the use of external public relations
firms employed by his Department per annum since March 2011 in tabular form; the list of uses of the
external public relations firm; the internal Department policy with regard to employing external groups;
and if he will make a statement on the matter. [39503/16]13/12/2016WRO01900Minister for Foreign
Affairs and Trade (Deputy Charles Flanagan):
A table containing the information is set out below. My Department has not incurred expenditure on
external public relations services since March 2011. The expenditure in question has rather arisen in the
context of specific initiatives under Ireland’s overseas development programme for which we have from
time to time commissioned companies with a public relations and communications background to provide
other professional services such as project management, logistics and event management.
DHR Communications has been contracted to manage and administer grants to journalists reporting on
international development issues under the Simon Cumbers Media Fund (SCMF) and to manage and
administer annual Africa Day celebrations. The SCMF involves managing three funding rounds each
year, including the annual SCMF student competition. This typically involves the following activities:
Convening national and regional information workshops;
Managing and administering the application process;
Organising the judging process
Providing detailed feedback to all applicants;
Processing grant payments and keeping detailed administrative and financial records;
Maintaining and updating the SCMF website.
It should be noted that expenses paid to third parties account for approximately 30% of the total paid to
DHR for managing and administering the Simon Cumbers Media Fund. This includes costs associated
with maintaining and updating the SCMF website, facilitating the judging process and raising awareness
of the Fund among journalists.
Following a competitive tendering process, DHR was also engaged to plan, manage and execute a
national Africa Day flagship event in Dublin. This includes the administration of a small grants scheme
for regional events which DHR managed on behalf of the Department in partnership with a number of
local authorities. DHR also worked to raise public awareness of the Africa Day events, including through
the use of social media and the Africa Day website. This public awareness work represented a very minor
element of the overall project and was conducted in close cooperation with my Department’s
communications office.
Africa Day Family Days were hosted by the Department in Iveagh Gardens in 2009 and 2010, in CHQ in
Georges Dock in 2012 and at the Farmleigh Estate annually since 2013. In 2011, the Department
supported a series of smallerscale performances, family events, art exhibitions, debates and educational
activities instead of hosting a flagship event.
In relation to the expenditure on Africa Day, expenses paid to third parties accounted for between 70%
and 80% of the total costs listed below. This included expenditure on security, sanitation, venue setup,
health and safety issues and small grants to facilitate the participation of community groups.
DHR also provided shortterm management support services for the Review of the White Paper on Irish
Aid, including the logistical management of the nationwide public consultation activities.
The table below sets out the payments for project and event management since 2011.
Payments for Project and Event Management 2011 to 2016
Name of Project/Event 2011 2012 2013 2014 2015 2016 (to date) DHR Communications:
SCMF €73,237 €47,430 €73,836 €60,338 €83,757 €131,344 DHR Communications: White Paper
Review €25,000 €26,026 Nil Nil Nil Nil DHR Communications: Africa
Day €6,806 €90,851 €118,644 €143,829 €179,221 €206,126 Total €105,043€164,307 €192,480 €204,167
€262,978 €337,470
13/12/2016WRO02000Ministerial Correspondence13/12/2016WRO02100352. Deputy John Brady asked
the Minister for Foreign Affairs and Trade if he has used any private unsecured email accounts for
official business; and if he will make a statement on the matter. [39585/16]
I have not used any private unsecured email accounts for official business.
13/12/2016WRO02300Foreign Conflicts13/12/2016WRO02400353. Deputy Seán Crowe asked
the Minister for Foreign Affairs and Trade his views on the increase in the assassination of human rights
defenders, HRDs, in Colombia and regarding ongoing threats and intimidation against them (details
supplied); and if he will call on the Colombian government to immediately implement the protection
mechanisms for HRDs that are enshrined in the peace accords and in national law. [39639/16]
I am aware of the reports of violence and the deaths of human rights defenders in Colombia to which the
Deputy refers. These developments are of great concern and are being closely monitored by my
Department and by the Embassy of Ireland in Mexico, which is accredited to Colombia. I condemn
unreservedly any intimidation or violence perpetrated against human rights defenders in Colombia and
elsewhere.
Officials from my department regularly meet representatives of human rights organisations which are
active in Colombia and last month hosted a delegation from Peace Brigades International. This meeting
discussed the worrying increase in assassinations and attempts on the lives of local leaders and human
rights defenders in Colombia.
Officials from our Embassy in Mexico also regularly interact with organisations working to promote and
defend human rights in Colombia. In this context Ireland has provided more than €5 million to
international and local civil society organizations in Colombia since 2009, including to the Office of the
UN High Commissioner for Human Rights and Christian Aid, amongst others.
In addition, Ireland regularly raises issues relating to human rights directly in Bogotá and via the UN and
European Union.
International support for the implementation of the peace agreement between the Government of
Colombia and the FARC (Fuerzas Armadas Revolucionarias de Colombia) will be vital to ensuring the
long term stability of Colombia. Ireland has pledged to contribute €3 million to the European Union Trust
Fund for Colombia, which was formally established on 12 December of this year. This Fund will support
the implementation of the peace agreement and Ireland has been closely involved in discussion of its
governance structures and strategic direction.
In this context, Ireland has advocated a strong human rights perspective in the Fund’s strategic plan, in
keeping with our commitment to the promotion and protection of human rights internationally. We will
continue to prioritise this issue as the agreement between the Government of Colombia and the FARC is
implemented in the months and years ahead.
13/12/2016WRO02600Undocumented Irish in the USA13/12/2016WRO02700354. Deputy Michael
Harty asked the Minister for Foreign Affairs and Trade if the Government has plans to defend the
undocumented Irish in the United States should there be any attempt to deport them; and if he will make a
statement on the matter. [39667/16]13/12/2016WRO02800Minister for Foreign Affairs and
Trade (Deputy Charles Flanagan):
Achieving relief for undocumented Irish migrants in the US and agreement on a facility for future
pathways for migration between Ireland and the US have been key objectives for the Government.
Notwithstanding the changing political context in the United States, the Government’s commitment to
these objectives remains constant.
The Taoiseach availed of his recent separate telephone conversations with President Elect Trump and
Vice President Pence to raise our concerns in regard to immigration matters. I was also able to raise the
issue of Immigration Reform in the United States with Speaker Paul Ryan in a courtesy phone call on
Wednesday, 23 November.
The new Administration does not take office until 20 January and the process of considering and
announcing nominations to its senior posts is ongoing. Nevertheless, during the transition period, the
Government will avail of all opportunities for contact with the incoming Administration to sensitise them
to our concerns and interests in regard to immigration reform, and the plight of the undocumented in
particular.
The Government has raised the issue of immigration reform with US interlocutors – including at the
highest levels – on many occasions. It will continue to use highlevel visits to and from the US, as well as
Ireland’s diplomatic representation in the United States, to advance these aims. The Embassy in
Washington has worked closely with members of the US Congress in both the House of Representatives
and the US Senate, and on both sides of the aisle – to advance progress on this matter and will continue to
do so. We are fortunate to be able to draw on the assistance of the Friends of Ireland in Congress and the
many representatives of Irish America who share our commitment to immigration reform.
Conscious of the challenges that may lie ahead, the Government will continue to support, through my
Department’s Emigrant Support Programme, the work of the Irish Immigration Centres across the US,
who do so much to help undocumented Irish citizens in the US. This year we are committing almost € 1
million to support their work.
The Government, the Department of Foreign Affairs and Trade and our Embassy in Washington continue
to work closely with IrishAmerican community leaders in actively pursuing all viable opportunities to
advance immigration reform. A new Administration and a new Congress will take time to settle in. We
will of course pursue this issue in our contacts with the incoming Administration and Congress and
encourage and promote any realistic possibilities for a solution that may arise.
13/12/2016WRO02900Departmental Legal Cases13/12/2016WRO03000355. Deputy Peadar
Tóibín asked the Minister for Foreign Affairs and Trade if his Department has been involved in any court
My Department has not been involved in any court proceedings in the past five years that involved non
disclosure agreements.
13/12/2016WRO03200Common Security and Defence Policy13/12/2016WRO03300356. Deputy Joan
Burton asked the Minister for Foreign Affairs and Trade the discussions he has had with the Foreign
Minister of Germany and Foreign Minister of France regarding defence cooperation between EU
member states. [38304/16]13/12/2016WRO03400Minister for Foreign Affairs and Trade (Deputy Charles
Flanagan):
In recent months I have had discussions with my German and French counterparts in the framework of
EU Foreign Affairs Councils and in direct bilateral meetings. The bilateral meetings have primarily
focused on Brexit and its implications.
On 8 July I met the Foreign Minister of Germany, FrankWalter Steinmeier, in Berlin, and on 1
December I met the Foreign Minister of France, JeanMarc Ayrault, in Paris.
Where EU security and defence has been discussed, the focus has been on the EU Global Strategy. The
Global Strategy, which the High Representative/VicePresident Federica Mogherini presented to the
European Council in June 2016, commits the EU to promoting the objectives of peace, security,
prosperity, democracy, human rights and the rule of law through a comprehensive approach using the
range of instruments available to the European Union, including political, diplomatic, economic
development, trade, peacekeeping and crisis management tools.
Ireland’s approach to these issues is framed within the scope of the Treaties, and of the Lisbon Protocol
which protects Ireland’s military neutrality.
Ireland supports the comprehensive approach to conflict prevention and resolution.
We will continue to work closely and constructively with other Member States to achieve the goals
established in this area by Heads of State or Government at successive European Councils.
13/12/2016WRO03500Election Monitoring Missions13/12/2016WRO03600357. Deputy Stephen S.
Donnelly asked the Minister for Foreign Affairs and Tradethe election roster members and separately
nonroster members sent abroad from 2013 to date for monitoring elections and referenda in tabular form;
the cost to his Department of members sent to each election and referendum observation; and the process
by which election observers are selected for particular election observation missions. [40066/16]
13/12/2016WRO03700358. Deputy Stephen S. Donnelly asked the Minister for Foreign Affairs and
Trade the weight given to factors such as language, gender and length from last assignment for election
monitoring roster members; and if he will make a statement on the matter. [40067/16]
13/12/2016WRO03800Minister of State at the Department of Foreign Affairs and Trade (Deputy Joe
McHugh):
International election monitoring missions play an important role in the promotion of democracy and
human rights. The Department of Foreign Affairs and Trade maintains and administers a roster of
observers for such missions. The aim is to ensure that Ireland is represented at an appropriate level in
international election observation missions organised in the main by the OSCE and the EU.
A full list of observers who have served on election observation missions from 2013 to midNovember
2016, together with the costs arising, is set out in the tables below. Those names marked with an asterix
are officials from the Department, who work on relevant geographic desks, or election Focal Points who
on occasion also participate in such missions.
The European Union covers the costs associated with EU Election Observation Missions. For OSCE
missions, the Department covers all costs incurred by the individual Irish election observers. This
includes a daily allowance based on OSCE guidance, to cover the cost of food, accommodation and local
transport costs in country. A return air fare is also provided. In addition, all Irish election observation
roster members undertaking a mission, receive a onceoff grant annually of €600 from the Department to
cover predeparture mission expenses. Insurance cover is also provided by the Department for all
observers. The costs incurred by officials are paid on the same basis as other election roster members, but
no predeparture grant is provided.
For each election observation mission, the EU or OSCE set out their specific requirements and, on the
basis of expressions of interest and application form submitted by roster members, the Department draws
up a list of observers. In selecting nominees to be put forward, the specific criteria set by the EU or
OSCE, including relevant local and regional experience and language proficiency, form the principal
basis for decisionmaking. Issues of gender balance and length of time since serving on a mission are also
taken into account. In many cases, the EU and OSCE also invite Member States to nominate observers
with limited experience. Following consideration of the applicants, a draft list of nominees is submitted
for Ministerial approval.
For EU missions, the final selection of observers submitted by the Department rests with the European
Commission. In the case of OSCE election missions, all of the observers nominated by the Department
are usually selected. By the end of 2016, it is envisaged that 67 observers will have participated on
missions this year, compared to 46 in 2015.
Election Observation Missions 2013
Country Organisation Role Forename Surname Total Cost
€ Jordan EU LTO MaryO’Shea 600 Jordan EU STO Abdi
H Ibrahim* 0 Armenia OSCE STO Dermot Ahern 3447 Armenia OSCE STO Maca Hourihane 3447 Arme
nia OSCE STO John Purcell 3447 ArmeniaOSCE STO Edward Naessens 3447 Armenia OSCE STO Eliza
beth Mullan 3447 Armenia OSCE STO Simon Deignan 2400 Armenia OSCE STO Pat Carroll 3447 Keny
a Carter
Centre STOJohn Lynam 0 Paraguay EU LTO Grattan Lynch 762 Paraguay EU STO Chiara Popplewell* 0
Paraguay EU STO Ciaran Kinsella 45 Pakistan EU LTO Edward Horgan 227 Pakistan EU LTODonal Bla
ke 827 Pakistan EU STO Sheena McMahon 827 Pakistan EU STO Mary Boland 725 Pakistan EU STO W
illiam Bulman 725 Albania OSCE STO John Mulvihill 3727 AlbaniaOSCE STO Catherine Brophy 3727
Albania OSCE STO Brendan Gogarty 3727 Albania OSCE STO James McCarthy 3727 Albania OSCE ST
O Padraic McDunphy 3727 Albania OSCESTO Andrew Richardson 3788 Albania OSCE STO Jerry O’Br
ien 3788 Albania OSCE STO Patrick O’Reilly 2990 Mongolia OSCE STO Theresa Reidy 5781 Mongolia
OSCE STO Joseph Scanlon 5781 Mongolia OSCE STO Ronan O’Brien 5781 Mali EU LTO Dorcha Lee 7
97 Mali EU STO Mary Dowling 642 Guinea EU LTO Colm Fahy 190 Guinea EU STO Philippe Carr649
Azerbaijan OSCE LTO Geraldine Power 2941 Azerbaijan OSCE LTO Seamus Martin 5388 Azerbaijan O
SCE STO John
Thomas Kelly 3382 Azerbaijan OSCE STO Joseph Mangan3382 Azerbaijan OSCE STO Christopher And
rews 3476 Azerbaijan OSCE STO Maria Kiernan 3338 Azerbaijan OSCE STO Asa
Karl Cusack 3433 Azerbaijan OSCE STO AnnettaFlanigan 3382 Azerbaijan OSCE STO Cathal Kelly 338
2 Azerbaijan OSCE STO Paul Brennan 3382 Madagascar EU LTO Mary Boland 296 Madagascar EU LT
O Grattan Lynch 296Madagascar EU LTO Traolach Sweeney 896 Madagascar EU STO Aidan O’Shea 65
3 Madagascar EU STO Robert Sampson 653 Georgia OSCE LTO Peter McMahon 6726 Georgia OSCES
TO Eamonn Walsh 3638 Georgia OSCE STO Peter Cotter 3587 Georgia OSCE STO Kevin Cronin 3883
Georgia OSCE STO Fergus Gleeson 3723 Georgia OSCE STO Fidelma McHale3723 Georgia OSCE STO
Caroline Brennan 3784 Georgia OSCE STO Una McGurk 3784 Georgia OSCE STO Vincent McCorley 3
784 Georgia OSCE STO Suhail Ahmad 3883 GeorgiaOSCE STO Ann Ormonde 3978 Honduras EU LTO
Celeste MacKenzie 801 Honduras EU STO Patrick Maher 664 Honduras EU STO Ciaran Kinsella 664 Ko
sovo EU LTO Paul O’Shea843 Kosovo EU STO James Somers 642 Nepal EU LTO Frank Scott 797 Nepa
l EU STO Terry Duffy 664 Nepal EU STO Victoria Somers 664 Mali EU LTO Thomas Earlie 831 Tajikis
tanOSCE STO Fergal McCusker 4039 Tajikistan OSCE STO Cecilia Keaveney 4039 Tajikistan OSCE ST
O Anne Donnellan 4039 Tajikistan OSCE STO Gerard Buckley 4039
€ Serbia OSCE LTO Cecilia Keaveney 5001 Former Yugoslav Republic of
Macedonia OSCE STOSean O’Callaghan 5949 Former Yugoslav Republic of
Macedonia OSCE STO John Durnin 2720 Former Yugoslav Republic of
Macedonia OSCE STO Eric Byrne 2720 Former Yugoslav Republic of
Macedonia OSCE STO Gabrielle Brocklesby 2720 Former Yugoslav Republic of
Macedonia OSCE STO John Paul Coakley 2720 Former Yugoslav Republic of
MacedoniaOSCE STO Almha O’Keefe 2720 Former Yugoslav Republic of
Macedonia OSCE STO Aisling Schorderet* 1982 Guinea
Bissau EU STO Diarmuid Cunniffe 642 Egypt EU STO MichaelBoyle 649 Malawi EU LTO Aidan O’She
a 155 Malawi EU STO Michael Kavanagh 657 Malawi EU STO Ellen McCabe 657 Ukraine OSCE LTO
Michael Verling 15136 Ukraine OSCESTO David Denny 3785 Ukraine OSCE STO Finbar O’Sullivan 37
85 Ukraine OSCE STO Frank Kennefick 3785 Ukraine OSCE STO James Doody 3785 Ukraine OSCE ST
O John Moore3785 Ukraine OSCE STO John Cousins 3785 Ukraine OSCE STO Kevin Grogan 3785 Ukr
aine OSCE STO Noel Brennan 3785 Ukraine OSCE STO Peter Donovan 3785 Ukraine OSCESTO John L
ynch 3785 Ukraine OSCE STO Peter Emerson 3785 Ukraine OSCE STO Andrew Richardson 3785 Ukrai
ne OSCE STO Fidelma MacHale 3185 Ukraine EU STO DeirdreGrogan 638 Ukraine EU STO Patrick Mc
Daniel* 38 Ukraine EU STO Patrick Mulvihill 638 Kosovo EU LTO Nicholas Murphy 600 Kosovo EU S
TO Adrienne Boyle 600 Turkey OSCELTO Barbara O’Shea 5711 Tunisia EU LTO Dorcha Lee 975 Tunis
ia EU STO Robert Sampson 638 Bosnia Herzegovina OSCE LTO Diarmuid Peavoy 5686 Bosnia
Herzegovina OSCE STOEithne MacDermott 3047 Bosnia
Herzegovina OSCE STO Jack Purcell 3047 Bosnia
Herzegovina OSCE STO Geraldine O’Neill 3047 Ukraine OSCE LTO Andrew Richardson 8548Ukraine
OSCE STO Marie Cross 3373 Ukraine OSCE STO Kevin Grogan 2773 Ukraine OSCE STO Dominic Han
nigan 3373 Ukraine OSCE STO Elizabeth Mullen 3373 Ukraine OSCESTO Finbar O’Sullivan 2773 Ukrai
ne EU STO Kieran Dalton 638 Ukraine EU STO Brian Fagan 638 Ukraine EU STO Ciara Gilvarry 638 M
oldova OSCE STO Caroline Brennan 2486Moldova OSCE STO Mary O’Shea 2486 Moldova OSCE STO
Paddy Donnelly 2486 Moldova OSCE STO Patrick Quinlan 2486 Moldova OSCE STO Terry Duffy 2486
€ Nigeria EU LTO Cecilia Keaveney 600 Tajikistan OSCE LTO Sheena Walsh
McMahon 8123Tajikistan OSCE STO Maria Kiernan 3819 Tajikistan OSCE STO Gerard Buckley 3819 T
ajikistan OSCE STO Donal MacDonald 3819 Tajikistan OSCE STO Denis Kirby 3819 TajikistanOSCE S
TO Eimear O’Casey 3819 Uzbekistan OSCE LTO Seamus Martin 6626 Kazakhstan OSCE LTO Michael
Verling 10513 Kazakhstan OSCE STO Deirdre* Bourke 2660 KazakhstanOSCE STO Kieran Dalton 2660
Kazakhstan OSCE STO John Burke 3260 Kazakhstan OSCE STO Marga Foley 3260 Kazakhstan OSCE S
TO Fergus Gleeson 3260 Turkey OSCE LTOEdward Horgan 6071 Haiti EU LTO Colm Fahy 600 Haiti E
U STO Diarmuid Peavoy 600 Haiti EU LTO Dorcha Lee 600 Guinea EU LTO Thomas Earlie 600 Guinea
EU STO Peter Ballagh600 Sri Lanka EU LTO Mary Boland 600 Sri Lanka EU STO McGrath Jean
Marie 600 Belarus OSCE LTO Peter McMahon 12241 Belarus OSCE STO Eithne Mac
Dermott 2723 BelarusOSCE STO John Mulvihill 2723 Belarus OSCE STO Noel Brennan 2723 Belarus O
SCE STO Frances Ball 2723 Belarus OSCE STO Dermot Ahern 2723 Tanzania EU LTO Philippe Carr60
0 Tanzania EU STO Audrey Ryan 600 Tanzania EU STO Andrea Breslin 600 Kyrgyzstan OSCE STO Joh
n Lynch 3380 Kyrgyzstan OSCE STO Almha O’Keefe 3380 Kyrgyzstan OSCESTO Michael Coyne 3380
Turkey OSCE LTO Barbara O’Shea 6753 Myanmar EU LTO Marion Roche 600 Myanmar EU STO Mich
ael Boyle 600 Myanmar EU STO Helen Keogh 600Burkina Faso EU STO Traolach Sweeney 600 Burkina
Faso EU STO Asa
Karl Cusack 600 Guinea EU LTO Thomas Earlie 600 Guinea EU STO Peter Ballagh 600 Belarus OSCE L
TO PeterMcMahon 12241 Belarus OSCE STO Eithne MacDermott 2923 Belarus OSCE STO John Mulvi
hill 2923 Belarus OSCE STO Noel Brennan 2923 Belarus OSCE STO Frances Ball 2923Belarus OSCE S
TO Dermot Ahern 2923 Tanzania EU LTO Philippe Carr 600 Tanzania EU STO Audrey Ryan 600 Tanza
nia EU STO Andrea Breslin 600 Kyrgyzstan OSCE STO John Lynch 3636 Kyrgyzstan OSCE STO Almha
O’Keefe 3636 Kyrgyzstan OSCE STO Michael Coyne 3636 Turkey OSCE LTO Barbara O’Shea 6753 Uk
raine EU STO Terence Fleming 600Ukraine EU STO Annetta Flanigan 600 Ukraine EU STO Ruadhan M
ac
Aodhain 600 Ukraine OSCE STO Geraldine Power 5452 Ukraine OSCE STO John Mulvihill 4849 Ukrain
e OSCESTO Mark Long 3341
Total Cost
€ Surname Forename Role Organisation Country 0 Flanigan Annetta LTO EU Uganda 600 Doody James
STO EUUganda 600 Nolan William STO EU Uganda 0 Crowe* John STO EU Uganda 12398 McCusker
Fergal LTO OSCE Kazakhstan 4707 Kelly Cathal STO OSCE Kazakhstan 4707 DowlingMary
Jo STO OSCE Kazakhstan 4707 Moynihan Rebecca STO OSCE Kazakhstan 4707 Byrne Eric STO OSCE
Kazakhstan 4707 Choiseul Anne STO OSCE Kazakhstan 4707 CroninKevin STO OSCE Kazakhstan 600
Mac Kenzie Jean
Celeste LTO EU Peru 0 Boland Mary LTO EU Peru 6978 Blake Donal LTO OSCE Serbia 7577 Keaveney
Cecilia LTO OSCE FYROM5156 Byrne Elaine STO OSCE Mongolia 5156 Ahmad Suhail STO OSCE M
ongolia 5156 O’Luain Fiachra STO OSCE Mongolia 5156 Donnelly Patricia STO OSCE Mongolia 5156G
ogarty Brendan STO OSCE Mongolia 0 Roche Marion LTO EU Zambia 0 O’Shea Barbara STO EU Zam
bia 0 Boyle Michael STO EU Zambia 600 Cunniffe Diarmuid STO EU Gabon8201 Burke John LTO OSC
E Belarus 2951 Donnellan Anne STO OSCE Belarus 2951 Fagan Brian STO OSCE Belarus 2951 Kitt To
m STO OSCE Belarus 2951 Tighe Paul STO OSCEBelarus 3099 Kelly John STO OSCE Belarus 2951 Bl
acking Lelia STO OSCE Belarus 18219 MacDermott Eithne LTO OSCE Russia 3970 Donnelly Paddy ST
O OSCE Russia 3970 O’NeillGeraldine STO OSCE Russia 3970 Coakley John
Paul STO OSCE Russia 3970 Maher Patrick STO OSCE Russia 3970 Smith Colin STO OSCE Russia 337
0 O’Sullivan* John STO OSCERussia 600 O’Shea Paul STO EU Jordan 600 Brennan Paul STO EU Jorda
n 8528 Donovan Peter LTO OSCE Georgia 2957 O’Cinnseala Niall STO OSCE Georgia 2957 Foley Marg
a STOOSCE Georgia 2957 Scanlon Joseph STO OSCE Georgia 2957 Naessens Edward STO OSCE Geor
gia 2957 Mullan Elizabeth STO OSCE Georgia 3022 Daly Brian
Bernard STO OSCEMontenegro 3022 Barker Patricia STO OSCE Montenegro 6707 McMahon Peter LT
O OSCE Moldova 2280 Mangan Joseph STO OSCE Moldova 2280 Carroll Pat STO OSCE Moldova2280
Kinsella Ciaran STO OSCE Moldova
13/12/2016WRO03900Election Monitoring Missions13/12/2016WRO04000359. Deputy Stephen S.
Donnelly asked the Minister for Foreign Affairs and Trade the review procedures which are open when a
person is dissatisfied with the selection process for election monitoring roster members. [40068/16]
13/12/2016WRO04100360. Deputy Stephen S. Donnelly asked the Minister for Foreign Affairs and
Trade the number of election monitoring roster members that have not been selected for any missions and
the reasons for their nonselection. [40069/16]13/12/2016WRO04200361. Deputy Stephen S.
Donnelly asked the Minister for Foreign Affairs and Trade if the current election monitoring roster can be
amended in any way before a new roster is established; if any additions have been or can be made to the
existing roster; and if so, the additions that have been made. [40070/16]13/12/2016WRO04300Minister
of State at the Department of Foreign Affairs and Trade (Deputy Joe McHugh):
I propose to take Questions 359 to 361, inclusive, together.
The current Election Observation Roster maintained and administered by the Department of Foreign
Affairs and Trade was established in May 2013 for a period of five years. This followed a review of the
previous roster and a public call for applications. Following the independent appraisal and ranking of the
263 eligible applications, the 200 individuals who achieved the highest scores were selected to serve on
the new roster and a reserve panel of the next 10 highest scoring individuals was also established, from
which replacements would be drawn should any members leave the roster during the five year period.
Taking account of members who have left the roster, and those who have been added from the reserve
panel, the current roster complement stands at 198 and the reserve panel has been fully utilised. Of this
current roster, 128 members have undertaken missions since 2013 while 70 members have not yet served
on a mission. In the vast majority of cases, the reason for nonparticipation is that members have not yet
applied to go on a mission.
In the case of EU missions, the final selection of nominees submitted by the Department rests with the
European Commission. In the case of OSCE election missions, all of the observers nominated by the
Department are usually selected.
Officials of the Department’s Election Desk do take into account any feedback received from roster
members, but are also mindful that the numbers of applicants for election missions are always higher than
the available places.
Ireland actively participates in the European Commission and European External Action Service led
European Observation network, which brings together election observation Focal Points from all EU
Member States, together with Norway, Switzerland and Canada. The network facilities exchange of
information and international best practice on all aspects of election monitoring and roster administration
and helps to ensure that Ireland is acting in accordance with best practice in the operation of the roster.
I am confident that the current roster is well equipped to deal with the requisite requirements of the EU
and OSCE. It is envisaged that the current roster will operate until May 2018, but will be kept under
review.
13/12/2016WRO04400Foreign Conflicts13/12/2016WRO04500362. Deputy Ruth Coppinger asked
the Minister for Foreign Affairs and Trade his views on the conflict in Yemen; and if he will report on
interaction he and his officials have had with authorities in Yemen and the region regarding the
conflict. [40110/16]13/12/2016WRO04600363. Deputy Ruth Coppinger asked the Minister for Foreign
Affairs and Trade the assistance he and his officials have given to humanitarian relief in Yemen; and if he
will make a statement on the matter. [40111/16]13/12/2016WRO04700364. Deputy Ruth
Coppinger asked the Minister for Foreign Affairs and Trade if he has discussed the conflict in Yemen
with his European Union counterparts; and if he will make a statement on the matter. [40112/16]
I have been monitoring the situation in Yemen with growing concern. Last spring, when a ceasefire was
announced after over a year of fighting, it seemed like the conflict might come to an end. However,
efforts to broker peace were unsuccessful and, since August, the situation has continued to deteriorate.
UN Special Envoy Ismail Ould Cheikh Ahmed and his team continue to try to draw the parties to the
negotiating table, and I commend them for all of their efforts to date. However, time continues to pass
and it does not seem that there is an end to the conflict in sight. Those with influence in the region need to
use their sway to convince the parties to lay down weapons and negotiate in earnest.
This war is having a devastating impact on the civilian population of the Gulf’s poorest country. The UN
has described the humanitarian situation as “catastrophic”. About 80% of the population is dependent on
humanitarian aid. There are reports of a cholera epidemic, and the country is one step away from famine.
In 2015, Irish Aid provided €1,850,000 in response to the humanitarian crisis in Yemen. This included €1
million to the UN Humanitarian Pooled Fund in Yemen, which provides rapid, flexible funding to NGOs
and UN agencies; €750,000 to the International Committee of the Red Cross in Yemen; and €100,000 to
Oxfam Ireland, to assist displaced people. To date in 2016, Ireland has provided €2 million to the UN
Humanitarian Pooled Fund in Yemen, and €100,000 to Goal. Total Irish humanitarian response since
2015 is €3,950,000.
This conflict has also been characterised by allegations of violations of International Humanitarian Law
and the Law of War by all sides. Reports abound of airstrikes on civilian infrastructure, including homes,
hospitals and even a funeral. I cannot comment on the intent of these attacks, but I strongly condemn the
killing and injuring of innocent civilians in all circumstances. At the Human Rights Council in
September, Ireland supported calls for the establishment of an independent international investigation into
the situation in Yemen.
Ireland does not have an Embassy in Yemen, but the Ambassador to Saudi Arabia is also accredited to
Yemen. I myself recently travelled to the Gulf, where I met with the UAE Minister for Foreign Affairs,
Abdullah bin Zayed Al Nahyan, and with the Saudi Minister of State for Foreign Affairs, Dr Nizar bin
Obaid Madani. While the detail of these conversations is confidential I can confirm that I expressed my
concern about the appalling humanitarian situation in Yemen, resulting from the conflict, and about
attacks which have directly impacted on civilians.
I have also discussed the Yemeni situation with my EU counterparts. In November 2015, we passed
Council Conclusions on the conflict, urging the parties to respect International Humanitarian Law and
International Human Rights Law, and to begin negotiating a peace settlement in accordance with UN
Security Council Resolution 2216. The humanitarian situation was also discussed several times in
Brussels in 2016 at official level.
I encourage the parties to this conflict to lay down arms and return to the negotiating table. As I have said
before in this House, a resolution will not come through continued fighting. The only way to end the
suffering of the Yemeni people is through peace.
13/12/2016WRO04900Legislative Programme13/12/2016WRO05000365. Deputy Michael
Moynihan asked the Minister for Foreign Affairs and Trade the name and number of Bills in preparation
in his Department and published by his Department since May 2016; the Stage each Bill is at in the
Houses of the Oireachtas; the number of Bills from his Department signed into law; and if he will make a
statement on the matter. [40136/16]13/12/2016WRO05100Minister for Foreign Affairs and
Trade (Deputy Charles Flanagan):
No Bills prepared in my Department since May 2016 have been signed into law.
The Protection of Cultural Property in the event of Armed Conflict (Hague Convention) Bill 2016 was
presented to Seanad Éireann on 18 July. The purpose of the Bill is to make provision in domestic law
enabling the State to ratify the 1954 Hague Convention on the Protection of Cultural Property in the event
of Armed Conflict and its 1999 Protocol. The second stage debate on the Bill was taken in the Seanad on
27 October and it is expected that the committee, report and final stages will be fixed for a date in the
early New Year.
13/12/2016WRO05200Departmental Staff Redeployment13/12/2016WRO05300366. Deputy Marc
MacSharry asked the Minister for Foreign Affairs and Trade if he will provide all examples of entire units
that have been recentralised back to Dublin from within his Department; his Department’s rationale for
such moves; and if Cabinet approval was sought and given in each case. [40478/16]
No such recentralisation of units has happened in my Department.
13/12/2016WRP0010013/12/2016WRP00200Public Sector Pay
13/12/2016WRP00300367. Deputy Michael Collins asked the Minister for Public Expenditure and
Reform his plans with regard to the unwinding of FEMPI; and if he will provide a timeframe by which
this legislation will no longer be in existence. [39396/16]13/12/2016WRP00400Minister for Public
Expenditure and Reform (Deputy Paschal Donohoe):
I refer the Deputy to my answer to Parliamentary Question No. 36530/16 on 24 November 2016.
13/12/2016WRP00500State Properties13/12/2016WRP00600368. Deputy Michael McGrath asked
the Minister for Public Expenditure and Reform the current number of certain properties (details
supplied) that remain in public ownership; if there are plans for their sale on the open market; and if he
will make a statement on the matter. [39403/16]13/12/2016WRP00700Minister of State at the
Department of Public Expenditure and Reform (Deputy Seán Canney):
There are nine former coastguard cottages in Crosshaven, Co. Cork in State ownership, seven of which
have been identified for disposal.
The necessary legal documentation has been submitted to the Chief State Solicitor’s Office who are
preparing the Contracts for Sale. The properties will be sold by public auction during the first half of
2017.
13/12/2016WRP00800Minor Works Scheme Eligibility13/12/2016WRP00900369. Deputy Pat
Casey asked the Minister for Public Expenditure and Reform the status of an application for flood relief
works at North Beach, Arklow submitted by Arklow municipal district council to the OPW under the
coastal flooding minor works scheme in May 2016; and if he will make a statement on the
matter. [39431/16]13/12/2016WRP01000Minister of State at the Department of Public Expenditure and
Reform (Deputy Seán Canney):
The application received from Wicklow County Council under the Minor Flood Mitigation Works and
Coastal Protection Scheme for funding to undertake a project at North Beach, Arklow has been assessed
by the Office of Public Works and is not eligible for funding under the scheme as it does not meet the
scheme criteria. The works proposed relate to maintenance works on an existing structure which works
are not eligible for funding nor does the proposal meet the cost benefit criteria of the scheme.
It is open to Wicklow County Council to submit a revised application which satisfies the criteria.
13/12/2016WRP01100Public Sector Pensions13/12/2016WRP01200370. Deputy Michael McGrath asked
the Minister for Public Expenditure and Reform further to Parliamentary Question No. 397 of 29
November 2016, if a public servant due to retire in May 2017 will have their pension based on their salary
level pre the FEMPI cuts; if not, if the pension will be based on the salary inclusive of the restoration of
salary due in September 2017; and if he will make a statement on the matter. [39432/16]
13/12/2016WRP01300Minister for Public Expenditure and Reform (Deputy Paschal Donohoe):
Public servants who retire in May 2017, in line with normal pension award arrangements, will have their
pensions awarded on the basis of the salary they are paid at retirement time.
However for persons retiring then whose pay was affected by the FEMPI 2013 cuts, this pension award
will reflect a higher salary, being that which would apply had those cuts not occurred. This discounting of
the FEMPI 2013 pay cuts, which affected persons with annualised salaries over
€65,000, reflects the operation of a “grace period”, instituted under section 9 of FEMPI 2013
and extended to 1 April 2019 under the terms of the Public Service Pension Rights (No. 2) Order 2015
(S.I. No. 547 of 2015).
The €1,000 salary increase due on 1 September 2017 will apply to public servants on annualised salaries
up to €65,000. For retirements from then on, this salary increase will be reflected in the rates of pension
awarded.
Reductions to public service pensions under the financial emergency legislation are being
significantly reversed in three stages under FEMPI 2015, with Public Service Pension Reduction (PSPR)
affected pensioners getting pension increases via substantial restoration of the PSPR reductions on 1
January 2016, 1 January 2017 and 1 January 2018. As I have previously indicated, it will be for
Government in due course to consider the issue of how to adjust the postaward value of public service
pensions through appropriate pay or other linkages, as we move beyond FEMPI and PSPR restoration
towards more normal pay and pension setting conditions in the public service.
13/12/2016WRP01400Departmental Expenditure13/12/2016WRP01500371. Deputy Niall Collins asked
the Minister for Public Expenditure and Reform the total photography costs for his Department per
annum since March 2011, inclusive of costs incurred from use of the ministerial allowance in tabular
booking of photographers within his Department; and if he will make a statement on the
matter. [39475/16]13/12/2016WRP01600Minister for Public Expenditure and Reform (Deputy Paschal
Donohoe):
In response to the Deputy’s question, the table below outlines photography costs incurred by my
Department since 2011. The Department’s Internal Procurement Policy and Procedures applies to all
purchases made by my Department operating under the key principles of best value for money,
compliance with EU, National Law and National guidelines and maximising the use of centrally
established framework agreements.
Event/Occasion Name of Photographer Breakdown of Costs Total Cost Irish Presidency EUPAN
HRWG/IPSG meeting Fennell Photography Event photographer per hour: €75Medium resolution image:
€10Vat@13.5%: €19.55 €104.55 Irish Presidency EUPAN Directors General meeting Fennell
Photography Event photographer per hour: €75Medium resolution image: €10Vat@13.5%:
€19.55 €104.55 Public Service Excellence Awards 2012 Maxwell Photography Photographer hired to take
photographs of the award recipients and provide copies for them €811.52 ONE HR Learning and
Development Strategy 20152017 Marc O’Sullivan Photography Photographer hired to take photographs
of staff launching the ONE HR Learning and Development Strategy. €369 Implementation of Action 13
Civil Service Renewal Plan Steven Langan t/a City Headshots Services provided to illustrate a range of
civil servants at work in different roles to inform “Pride in the Civil Service” project and the first Civil
Service Excellence and Innovation Awards supporting employee reward and recognition as part of the
implementation of the Civil Service Renewal Plan €1,500 Official opening event for the OGP Offices at
Spencer Dock Noel Hillis Photography First hour on site: €130Additional half hour: €50Post production
and supply of set of images: €40 €220 2015 Implementation of Action 13 Civil Service Renewal
Plan Maxwell Photography Limited Photography at the Civil Service Excellence & Innovation Awards
Ceremony in December 2015Cost: €430VAT@ 23%: €98.90 €528.90 NSSO photography head
shots Maxwell Photography Limited Photography Assignment covering attendance, taking colour, and
processing: €70.00Upload of Images to online gallery (4 x €14): €56.00Email of JPEG (2 x €14):
€28.00VAT@ 13.50%: €35.42 €189.42 2016 Implementation of Action 13 Civil Service Renewal
Plan Fennell Photography Services for illustrating the work of civil servants in the booklet for the 2016
Civil Service Excellence and Innovation Awards Cost: €690.00VAT@23%: €158.70 €848.70
13/12/2016WRP01700Consultancy Contracts Data13/12/2016WRP01800372. Deputy Niall
Collins asked the Minister for Public Expenditure and Reform the external consultant reports
commissioned by his Department since March 2011 per annum, in tabular form; the costs per report; the
company involved; the title of the report; and the publication date. [39491/16]
In response to the Deputy’s question, the table below outlines the total amount spent on external
consultant reports commissioned by my Department since 2011. My Department only uses external
consultants where essential and the contracts are negotiated with a view to achieving best value for
money. When external consultants are used, the staff in my Department ensure that appropriate skills
transfer takes place to reduce such requirements going forward.
Name of Report Costs Date or Expected Date of Publication Name of External Consultant Independent
verification of savings arising under the Public Service Agreement €35,819 June 2011 MKO Partners
Ltd Report on Reasons Behind Voter Behaviour in the Oireachtas Inquiry Referendum
2011 €41,043 January 2012Red C Research and Marketing Ltd. Independent verification of savings
arising under the Public Service Agreement €31,586 13 June 2012 Grant Thornton Capacity and
Capability Review of Central Procurement Function €30,750 6 September 2012 Accenture ITCapability
Maturity Framework Executive Assessment €30,750 November 2012 Innovation Value Institute,
NUIM Independent verification of savings arising under the Public Service Agreement €24,206 3 July
2013 Grant Thornton Debt Management Final Report €135,514 Published 24 July
2014 BearingPoint Report of a Consultation with Civil Society Representatives and Citizens on Ireland’s
Participation in the Open Government Partnership Funding of €25,735.25 was provided to Transparency
International Ireland in 2013 following a competitive tender process to support a public consultation with
civil society and the preparation of a report of their recommendations and proposals for potential inclusion
in Ireland’s Open Government Partnership National Action Plan. Published on 2 October
2013 Transparency International, Ireland Open Data project (Best Practice Handbook; Data Audit Report;
Roadmap for Open Data; Evaluation Framework; Open Data Publication Handbook) €19,188 July
2014 Insight Centre for Data Analytics, NUI Galway OGP Development of Training & Organisation
Development €22,900 Internal report Baker Tilly Ryan Glennon.Trinity House, Charleston Road,
Ranelagh, Dublin 6 Value for Money Report of Dublin Castle’s Conference Facilities €4,674 Qtr 3,
2014 Newmarket Consulting Fund Structuring Services Agreement for Social Housing and Energy
Efficiency in Ireland €26,767 5 November 2014 European Investment Bank Baseline Report Single
Pension Scheme €24,900 9 December 2014 Mr. Seamus O’Dwyer Civil Service Disciplinary Code
Review (action identified under Civil Service Renewal Plan €30,750 March 2015 Byrne Wallace Civil
Service Disciplinary Code Review (action identified under Civil Service Renewal Plan) €23,985 May
2015 Clarion Consulting Comparative Report on European National Identification
Numbers €37,500 Publication pending the completion of the work of the PPSN review Group Hans Graux
of time.lex CVBA, Brussels, Belgium Provision of legal expertise to assist and advise the Department in
the preparation of Guidance to Public Bodies under section 21(3) of the protected Disclosures Act
2014 €12,500 Provision of legal expertise only. Not for publication. Lauren Kierans BL Analysis of
Business Processes for European Structural and Investment Funds and Development of a Detailed
Specification for EU Structural Funds 20142020 €46,371 Internal report which formed the basis of a
request for tender published on 4 March 2016 Dovetail Options for the next National Lottery
licence €615 Internal report Davy Corporate Finance Recommendations to DPER for Clare River
(Claregalway) Flood Relief Scheme €23,917 November 2015 JBA Consulting Continuous Improvement
Report €36,900 November 2015 Ernst & Young Business case to deliver a new shared service model to
deliver learning and development for the Civil Service external expert advice sought to assess the costs,
benefits, risks and implications associated to the components elements of the new model €106,063 Report
is not published yet Knowledge Pool as part of CAPITA Consulting Building Strategic HR in the Civil
Service €8,000 Internal report McGrath Associates PeoplePoint: Optimal Resourcing Review reflecting
present and future organisational requirements €49,200 Internal report Equita Consulting Baseline
Research 2015 Usage, Resourcing and costs of ICT across selected Public Service
Bodies €148,781 Internal report Price Waterhouse Cooper Develop and agree a service delivery model for
Government ICT Shared Services €339,188 Internal report Accenture River Ilen (Skibbereen) drainage
scheme: environmental impact statement recommendations to DPER €12,417 January 2016 Ryan Hanley
Consulting Engineers OGP ICT Category Strategies (8 in total) €153,000 Internal report Accenture Public
Service Spend & Tendering Analysis for 2014 €98,400 September 2016Accenture Strategic Market
Assessment Phase 1 €200,010 Internal report Deloitte Strategic Market Assessment Phase
2 €484,450 Internal report Deloitte Strategic Market Assessment Phase 3 €196,333 Internal
report Deloitte eInvoicing Recommendation Report €160,327 TBC KPMG Review of environmental
impact statement of the Bandon River (Bandon) drainage scheme including
recommendations €7,196 March 2016 CAAS Limited Research and recommendation on a fit for purpose
HR model/structure for the NSSO €21,000 April 2016 Sile O’Donnell Payroll Shared Services operational
review €44,280 June 2016 Deloitte A critical review of the applicability of the performance related
remuneration approach to the Irish Public Service €15,375 July 2016 Institute of Public
Administration Business case shared model for Learning and Development in the Irish Civil
Service €106,063 Internal report Knowledge Pool as part of Capita Consulting Appropriate HR model for
OGP €17,589 Internal reports John O’Hehir Consulting Ltd. Economic assessment of issues raised in
relation to the tendering process for the supply of printing devices €37,597 Internal report Peter Bacon &
Associates Economic Consultants OGP Audit of Methodologies for 2013 Spend Data
Analysis €13,550Internal reports KOSI Corporation Ltd. eCatalogue Readiness Assessment
Report €17,454 Internal report Science Warehouse
13/12/2016WRP02000Public Relations Contracts Data13/12/2016WRP02100373. Deputy Niall
Collins asked the Minister for Public Expenditure and Reform the details of the use of external public
relations firms employed by his Department per annum since March 2011, in tabular form; the list of uses
groups; and if he will make a statement on the matter. [39507/16]13/12/2016WRP02200Minister for
Public Expenditure and Reform (Deputy Paschal Donohoe):
In response to the Deputy’s question, my Department has not engaged the services of an external public
relations firm since its formation in 2011.
13/12/2016WRP02300Ministerial Correspondence13/12/2016WRP02400374. Deputy John Brady asked
the Minister for Public Expenditure and Reform if he has used any private unsecured email accounts for
official business; and if he will make a statement on the matter. [39589/16]
I do not use any such accounts for official business.
13/12/2016WRP02650Flood Prevention Measures13/12/2016WRP02700375. Deputy John
McGuinness asked the Minister for Public Expenditure and Reform the status of the seven schemes
(details supplied) in County Kilkenny being considered under the CFRAM flood risk management
measures; the timeframe for bringing the schemes through the full process to funding stage; and if he will
make a statement on the matter. [39842/16]13/12/2016WRP02800Minister of State at the Department of
Public Expenditure and Reform (Deputy Seán Canney):
The core strategy for addressing areas of potentially significant risk from flooding is the OPW’s
Catchment Flood Risk Assessment and Management (CFRAM) Programme. Three hundred locations
nationwide are being assessed under the Programme, the purpose of which is to implement the EU Floods
Directive and national flood policy.
The CFRAM Programme, which is being undertaken by engineering consultants on behalf of the OPW
working in partnership with the local authorities, involves the production of predictive flood risk mapping
for each location, the development of preliminary flood risk management options and the production of
flood risk management plans.
Twelve locations in Co. Kilkenny were identified as Areas for Further Assessment (AFA) in the
Programme. The twelve are Ballyhale, Ballyragget, Callan, Fiddown, Freshford, Graiguenamanagh,
Inistioge, Kilkenny Nore, Kilkenny – Bregagh, Mullinavat, Piltown, & Thomastown. These locations
fall under the South Eastern CFRAM Study and under the Suir CFRAM Study. The statutory public
consultation on the draft flood risk management plans for the South Eastern CFRAM Study closed on the
28 of October, 2016. The statutory public consultation on the draft flood risk management plans for the
Suir CFRAM Study closes today 13 December, 2016 .
The draft flood risk management plans will now be finalised taking account of comments and
observations received and the plans will contain a prioritised list of feasible measures, both structural and
nonstructural, to address flood risk in an environmentally sustainable and cost effective manner .
The target date for finalisation of all these plans for approval by the Minister for Public Expenditure and
Reform is Spring 2017.
A €430 million, 6 year programme of capital investment on flood defence measures was announced as
part of the Government’s overall Capital Investment Plan 2016 – 2021. During this time, the annual
allocation for flood defence schemes will more than double to €100m.
13/12/2016WRP02900Minor Works Scheme13/12/2016WRP03000376. Deputy Niamh Smyth asked
the Minister for Public Expenditure and Reform the status of the review of the minor works scheme;
when this is expected to be complete; if funding will be increased to areas applying for same; and if he
will make a statement on the matter. [39848/16]13/12/2016WRP03100Minister of State at the
Department of Public Expenditure and Reform (Deputy Seán Canney):
A review of the Minor Works Scheme is currently underway with a view to examining the criteria for
consideration within the Scheme, including for example the various thresholds for the assessment of
benefit and the financial limits for applications under the Scheme. The review, which includes
consultations with Local Authorities, is examining any potential improvements, administrative or
financial, which will encourage applications under the scheme.
The review will be completed in the shortest possible timeframe.
13/12/2016WRP03200Departmental Legal Cases13/12/2016WRP03300377. Deputy Peadar Tóibín asked
the Minister for Public Expenditure and Reform if his Department has been involved in any court
In response to the Deputy’s question, my Department has not been involved in any court proceedings that
involved nondisclosure agreements over the past five years.
13/12/2016WRP03500Garda Stations13/12/2016WRP03600378. Deputy Aindrias Moynihan asked
the Minister for Public Expenditure and Reform the different stages of the Garda building and
refurbishment programme 20162021; the stage the proposed development of Macroom Garda station is
at; and if negotiations have been completed on a proposed site. [39995/16]13/12/2016WRP03700Minister
of State at the Department of Public Expenditure and Reform (Deputy Seán Canney):
The OPW has completed the acquisition of the proposed site in Macroom for a new Garda station. It has
been decided to deliver this Station by means of a Public Private Partnership (PPP), to be managed by the
Dept. of Justice and Equality and the NDFA.
13/12/2016WRP03800Flood Prevention Measures13/12/2016WRP03900379. Deputy Éamon Ó
Cuív asked the Minister for Public Expenditure and Reform the reason a follow up reply did not issue to
this Deputy regarding a query raised at the beginning of 2016 (details supplied); the reason for the delay
in issuing this response; and if he will make a statement on the matter. [40028/16]
13/12/2016WRP04000Minister of State at the Department of Public Expenditure and
I regret the lack of a response to the representation referred to by the Deputy. I am advised by my
officials that this was due to the large volume of correspondence being dealt with at the time in this
Office due to the unprecedented storms and floods experienced around the country last winter.
The area referred to by the Deputy, Turloughmore, County Galway, is not part of any Office of Public
Works (OPW) Arterial Drainage Scheme or Catchment Drainage Scheme therefore the OPW has no
maintenance responsibility at this location. The Office of Public Works has maintenance responsibility
only for those Catchment Drainage Schemes completed by this Office under the Arterial Drainage Acts
1945 and 1995.
Local flooding issues are a matter, in the first instance, for each Local Authority to investigate and
address, and Galway County Council may carry out flood mitigation works using its own resources. I am
advised by my officials locally that any flood relief works carried out at the time were carried out by
Galway County Council Roads Division. I would suggest that you contact Galway County Council for
more information on these works.
13/12/2016WRP04100Legislative Programme13/12/2016WRP04200380. Deputy Michael
Moynihanasked the Minister for Public Expenditure and Reform the name and number of Bills in
preparation in his Department and published by his Department since May 2016; the stage each Bill is at
in the Houses of the Oireachtas; the number of Bills from his Department signed into law; and if he will
make a statement on the matter. [40140/16]13/12/2016WRP04300Minister for Public Expenditure and
Reform (Deputy Paschal Donohoe):
In response to the Deputy’s question, the table below outlines the current position in relation to Bills
being prepared and those published by my Department since May 2016.
Title Status of Bill Appropriation Bill, 2016 Published 7 December, 2016 Statute Law Revision Bill,
2016 Referred to Select Committee on 30 November, 2016 Public Sector Standards Bill, 2015 Referred to
Select Committee on 20 January, 2016 National Shared Services Office Bill, 2016 Published 29 January,
2016 Order for second stage Data Sharing and Governance Bill The draft legislation will be submitted for
prelegislative scrutiny during Q1 2017 Public Service Management (Amendment) and Civil Service
Regulation (Amendment) Bill Government has agreed to preparation of Heads of Bill. Awaiting
appointment of drafter.
A complete list of legislation published by my Department since it was established in 2011 is available
at http://www.per.gov.ie/en/legislation.
13/12/2016WRP04450Departmental Staff Redeployment13/12/2016WRP04500381. Deputy Marc
MacSharry asked the Minister for Public Expenditure and Reform if he will provide all examples of entire
units that have been recentralised back to Dublin from within his Department; his Department’s rationale
for such moves; and if Cabinet approval was sought and given in each case. [40170/16]
My Department was established in 2011 and no unit within the Department has been recentralised back
to Dublin.
13/12/2016WRP04700Departmental Staff Recruitment13/12/2016WRP04800382. Deputy Brendan
Griffin asked the Minister for Public Expenditure and Reform his views on a matter (details supplied);
and if he will make a statement on the matter. [40171/16]13/12/2016WRP04900Minister for Public
Expenditure and Reform (Deputy Paschal Donohoe):
As the Deputy will be aware, the Public Appointments Service (PAS) is the centralised recruiter for the
Civil and Public Service. It is an independent, statutory body which provides professional recruitment and
selection services.
I understand that all Candidates were issued with detailed pretest information outlining the selection
process for stage 1 for Administrative Officer competition 2016. Candidates were also reminded to
complete all three tests in a message which issued to their message boards with the links for each test.
The onus is on candidates to read the pretest information prior to sitting the actual tests. Unfortunately
the test window has closed. It is not possible to include scores from a previous test as they were for two
different roles, HEO and AO. The HEO tests are different from the AO tests so scores cannot be carried
over.
With regard to the HEO Irish panel, please note that successful candidates from stage 3 are attending for
Irish tests on 15 December, 2016 from which a panel will be formed.
13/12/2016WRP05000Garda Stations13/12/2016WRP05100383. Deputy Marc MacSharry asked
the Minister for Public Expenditure and Reform if he will confirm that no site as yet been acquired or
even selected for a new Garda station for Sligo town. [40184/16]13/12/2016WRP05200384. Deputy Marc
MacSharry asked the Minister for Public Expenditure and Reform the status of the acquisition and
selection of a site for a new Garda station for Sligo town. [40185/16]
13/12/2016WRP05300387. Deputy Marc MacSharryasked the Minister for Public Expenditure and
Reform the timeframe targets his Department is working to secure a site, design, planning, building and
operation for the provision of a new Garda station for Sligo town; and if he will provide a datebydate
breakdown of deadlines that his department has adopted in this regard. [40188/16]
The OPW is looking for a suitable site for the construction of a new Garda Station in Sligo town. Until a
suitable site has been identified it will not be possible to advise on timescales.
the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that an
independent engineer’s report has condemned the existing Garda station in Sligo town. [40186/16]
OPW technical staff have reviewed the independent report and are considering options in conjunction
with local Garda management. In addition OPW is currently considering all options available regarding
the acquisition of a suitable site for the construction of a new Garda Station in Sligo town and possible
short term office accommodation to allow for the transfer of non operational staff from the station.
the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that on arrest,
prisoners in County Sligo must be taken to the south County Sligo Garda station of Ballymote as the
prisoner facilities in Sligo town have been condemned. [40187/16]13/12/2016WRP06000Minister of
State at the Department of Public Expenditure and Reform (Deputy Seán Canney):
I am advised by the Commissioners of Public Works that matters relating to custody in Garda Stations is
an operational matter and should be referred to the Department of Justice and Equality and An Garda
Síochána.
13/12/2016WRP06200Animal Welfare13/12/2016WRP06300388. Deputy Clare Daly asked the Minister
for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if her attention has been drawn to the second
dead seal database report, covering the period 2014 to 2016 (details supplied), in particular the reports in
it of a cluster of sub adult seals found dead with massive tissue loss; and if her department will take steps
to investigate the cause of these deaths. [39607/16]13/12/2016WRP06400Minister for Arts, Heritage,
Regional, Rural and Gaeltacht Affairs (Deputy Heather Humphreys):
My Department has had sight of the second Dead Seal Database report and my officials have been in
communication with the organisation referred to by the Deputy about the database.
I am advised that the deaths referred to may have been caused by one or more large bull seals. Such
behaviour has been recorded in Scotland over a number of years.
My Department intends to keep abreast of research findings.
13/12/2016WRP06500Departmental Expenditure13/12/2016WRP06600389. Deputy Niall Collins asked
the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the total photography costs for her
Department per annum since March 2011, inclusive of costs incurred from use of the ministerial
regarding the booking of photographers within her department; and if she will make a statement on the
matter. [39464/16]13/12/2016WRP06700Minister for Arts, Heritage, Regional, Rural and Gaeltacht
Affairs (Deputy Heather Humphreys):
The Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs was established under that title
on 7 July 2016. It has responsibility for all the matters that previously came within the remit of the
Department of Arts, Heritage and the Gaeltacht, which was itself established on 2 June 2011, and in
addition is also responsible for certain functions transferred from the Department of the Environment,
Community and Local Government and from the Department of Communications, Energy and Natural
Resources. Accordingly, the information requested by the Deputy is set out in the table below in respect
of the period from 2 June 2011.
No costs were incurred from use of the Ministerial allowance.
The hiring of photographers for Ministerial or Departmental events is dependent on a number of factors,
including the nature of the engagement, the expected level of media interest and the national/regional
scope of the subject. At all times, value for money is a critical consideration in the context of the booking
of photographers.
2011 Total: €1,055
Occasion Photographer Cost National Famine Commemoration, Clones 2011 Philip
Fitzpatrick €400 2011 Open House Dublin, Lir Theatre, in conjunction with the Irish Architecture
Foundation(Second of a package of two events for the price of one, the first of which took place in
2010) Alice Clancy €0.00Launch of National Biodiversity Plan, Botanic Gardens Dublin (2011) Mac
Innes Photography €284 2011 National Famine Conference, Dublin Mac Innes €371
2012 Total: €3,606
Occasion Photographer Cost Edinburgh Festival Fringe event Alastair Devine €362 Launch of
Introduction of Architectural Heritage of County Galway Joe Travers €100 Culture Night,
Dublin Maxwell Photography €599 BritishIrish Council Ministerial Meeting (Minority Languages
Sector), Co Donegal Tommy Curran €80 Launch of Treaty Online Project, National Archives, Dublin Mac
Innes Photograhy €342 Ballycroy National Park Whaling Exhibition Eamonn O’Boyle €320 Official
Opening of Burren National Park Information Centre, CorofinNicholas Mac Innes €550 Release of the
whitetailed sea eagles, Killarney National Park Valerie O’Sullivan €120 Association of Performing Arts
Presenters Conference 2012 event Erin Baiano €348 CITES meeting March 2012 Mac Innes
Photography €284 Commemoration at Teampallín Bán Famine Graveyard 2012 Domnick Walsh
Photography €206 National Famine Commemoration, Drogheda 2012 Paul Connor Photography €295
2013 Total: €3,944
Occasion Photographer Cost Launch of Ireland’s Memorial Records 19141918 at National
MuseumLensmen €209 Launch of Culture Connects initiative for Ireland’s EU Presidency Maxwell
Photography €397 Presentation of coin find to National Museum Maxwell Photography €466Launch of
Arts in Education initiative Maxwell Photography €277 Display of coin find in National Museum at
Collins Barracks Maxwell Photography €413 Launch of Century Ireland website Maxwell
Photography €363 Launch of Scéim Oiliúna Peile agus Iománaíochta, An Cheathrú
Rua Pixsheáin €148 Dublin launch of Venice Artist Biennale April 2013 Lensman &
Associates €308 International Famine Commemoration 2013 Maxwell Photography €311 Presentation of
European Diploma of Protected Areas (Burren, Co. Clare) Eamon Ward €332Europeana Conference on
Digitisation, Dublin Castle Maxwell Photography €357 Photocall for successful artists attending the
Edinburgh Festival Fringe 2013 Maxwell Photography €363
2014 Total: €4,016
Occasion Photographer Cost Contract signing for works at Killarney House Press 22 €426 Built Heritage
Jobs Leverage Scheme Naoise Culhane €535 National Gallery – commencement of refurbishment
works Naoise Culhane €461 Launch of 1916 Rising Oral History Collection Maxwell
Photography €486 Opening of Grantstown Wood and Nature Reserve, Co. Laois Denis Byrne
Photography €220 National Famine Commemoration 2014 Farrell Photography €720 Photocall with
winner of Herald Archangel Award at Edinburgh Festival 2014 Maxwell Photography €486 Launch of
Ireland 2016 commemorative programme at G.P.O. Maxwell Photography €482 Photographs of Minister
and two Ministers of State for official Departmental use Philip Fitzpatrick Photography €200
2015 Total: €15,489
Occasion Photographer Cost European Heritage Heads Forum 10th Anniversary Annual Meeting in
Dublin Castle Con Brogan €200 Launch of the High Island, Monograph Con Brogan €150 Visit to
Cartoon Saloon in Kilkenny Dylan Vaughan Photography €271 Event to commemorate the funeral of
O’Donovan Rossa, Glasnevin Cemetery Lensmen €554 Launch of Culture Ireland supported artists
attending Edinburgh International Festivals Lensmen €258Launch of Culture Ireland I AM IRELAND
2016 programme Maxwell Photography €503 John Redmond commemoration Maxwell
Photography €138 Launch of Ireland 2016 Commemorative Programme Maxwell Photography €861 10th
Anniversary of Culture Ireland Maxwell Photo €103 Dublin launch of Venice Artist Biennale
2015 Maxwell Photography€637 Moore Street – meeting with Lord Mayor and traders Maxwell
Photography €362 Photography for WhoDoesWhat Website Maxwell Photography €327 Annual Famine
Commemorationand related events Paul Faith €781 Spanish Armada Find Sligo Picsell8 Ltd €450 Teach
an Phiarsaigh Cultural and Exhibition centre, Rosmuc, Connemara / Global and Diaspora Programme (2
separate events) Reg Gordon €960 Photography for WhoDoesWhat Website Tain Bo Media
Teo €148 Launch of the High Island Monograph Con Brogan €150Local Authorities CEOs and Ireland
2016 Coordinators meeting Royal College of Surgeons Lensmen €689 Launch of the High Island
Centenary Programme, Collins Barracks Big O €3002016 Children’s Consultations Maxwell
Photography €258 2016 Community Participation video And Photography, Thurles Big O €615 Local
Authorities Ireland 2016 County Plans Big O€1,920 2016 events: A Announcement of Arts Council
Bursaries, Áras an Úachtaráin, Delivery of first Flags for Schools, Launch of Youth Imagination
Programme Strand, Schools Supplement launch, Local Authority Coordinators, Monaghan, Photography
for Ireland Launch of An Teanga Beo Programme Strand IMMA Big O €4,379 Additional funding
support for 2016 by IPB Big O €475
2016 Total: €9,819
Occasion Photographer Cost Launch of design phase for archives storage in National Archives Conor
McCabe €431 Launch of website of compensationclaims for property losses during 1916 Rising Conor
McCabe €431 Commemorating Women of 1916 Conor McCabe €431 2016 Post Primary Schools Flag
Ceremony Robbie Reynolds €553 Launch of Action Plan for Historic Houses Lorraine Teevan €310 EU
Language Jobs Announcements, RHA Gallery Maxwell Photography €395 Centre of Excellence for
EUIrish Language Careers meeting with Minister of State Andrew Downes €250 Moneen Cave
Excavation Thorsten Kahlert €1,300 Ireland 2016 Peace Proms Big O €400 Wreath Laying at South
Dublin Union, Easter Monday Big O €212 State Ceremonial for Women of 1916 Maxwell
Photography €775 2016 Last Flag for School Delivery, Tallaght Hospital Maxwell
Photography €689 2016 images for Participating Children and Staff Maxwell Photography €499 2016
Liberty Hall (additional images) Maxwell Photography €138 Opening screening of 1916 Documentary,
National Concert Hall Maxwell Photography €590 LEADER Programme Launch Lorraine
TeevanPhotography €564 Roger Casement Event Maxwell Photography€590 Thomas Kettle Memorial
Service Maxwell Photography €486 Ionad an Phiarsaigh Offical Opening Táin Bó Media Teo €221 St
Enda’s Rathfarnham Conor McCabe €554
13/12/2016WRP06800Consultancy Contracts Data13/12/2016WRP06900390. Deputy Niall
Collins asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the external
consultant reports commissioned by her Department since March 2011 per annum, in tabular form; the
costs per report; the company involved; the title of the report; and the publication date. [39480/16]
13/12/2016WRP07000Minister for Arts, Heritage, Regional, Rural and Gaeltacht
Department of Arts, Heritage and the Gaeltacht, which was itself established on 2 June 2011, and in
addition is also responsible for certain functions transferred from the Department of the Environment,
Resources. Accordingly, the information requested by the Deputy is set out in the table below and
provided in respect of the period from 2 June 2011.
Accordingly, the details requested by the Deputy in respect of the eleven reports commissioned since
June 2011 are set out below. Contracts for the provision of services are not included.
For completeness, I wish to bring to the Deputy’s attention that the University of Birmingham was
commissioned in 2010 by the then Department of the Environment, Heritage and Local Government,
prior to the establishment of my Department, to undertake a review relating to peatlands. The resulting
report, “Review of Archaeological Survey and Mitigation Policy relating to Bord na Móna Peatlands”
was published in June 2013 and the associated costs of €34,337 were met by my Department.
I would also point out that my Department also commissions engineering or environmental experts from
time to time to provide technical reports on specific issues, as required. While the providers of these
services are consultant engineers, environmental consultants or may describe themselves in other such
terms, their work is not classified as consultancy services and is not funded from my Department’s
Administrative Budget.
Commissioned Company Title of Report Cost € 2011 Avia Solutions Review of financial submissions
relating to the Public Service ObligationAir Service for the Aran IslandsNot published due to reasons of
commercial sensitivity 6,300 2012 Bonnar Keenlyside Review of Dublin Contemporary
2011Commissioned to inform future consideration of any similar projects – not intended for
publication 10,959 2013 Dorgan Associates Cost Benefit Analysis of National Archives Development
PlanPublished on Department’s website 12,669 2013 Dorgan Associates Cost Benefit Analysis of National
Gallery Redevelopment ProjectPublished on Department’s website 12,731 2013/2014 Dorgan
AssociatesExamination of capital incentives to promote investment in film studio
infrastructureCommissioned to inform future consideration of projects in that sector – not intended for
publication6,765 2014 EY Review of PSO Air Service for the Aran IslandsPublished in May
2014 41,795 2014 Fitzpatrick Assocs Updated Business Case Restoring theUlster Canal from Lough Erne
to Clones €15,191 Updated Business Case Restoring the Ulster Canal from Lough Erne to Clones
Published on Department’s website 15,191 2014 The VAT Practice Advisory service on UK
VATCommissioned to inform administrative decisions in relation to compliance with tax obligations – not
intended for publication 2, 963 2015 Public Affairs Ireland (PAI) Review of Management Structure and
Ireland (PAI) Grading of Senior Management Posts within Údarás na GaeltachtaPublished on
Department’s website 17,617 2015 Acadamh na hOllscolaíochta Gaeilge Coimriú ar an tSeirbhís
Rapporteur don Díospóireacht Oscailte ar Pholasaí faoin Straitéis Fiche Bliain don Ghaeilge, 2010 –
2030.Expected to be published in near future. 5,9942015 ILC Sports & Recreation Review of Comhairle
na Tuaithe and the implementation of the National Countryside Recreation Strategy.Expected to be
published in the near future. 15,341
13/12/2016WRQ0010013/12/2016WRQ00200Public Relations Contracts Data
13/12/2016WRQ00300391. Deputy Niall Collins asked the Minister for Arts, Heritage, Regional, Rural
and Gaeltacht Affairs the details of the use of external public relations firms employed by her Department
per annum since March 2011 in tabular form; the list of uses of the external public relations firm; the
internal Department policy with regard to employing external groups; and if she will make a statement on
the matter. [39496/16]13/12/2016WRQ00400Minister for Arts, Heritage, Regional, Rural and Gaeltacht
Department of Arts, Heritage and the Gaeltacht, which was itself established on 2 June 2011 and, in
addition, is also responsible for certain functions transferred from the Department of the Environment,
Resources. Accordingly, the information requested by the Deputy is set out in the table below in respect
of the period from 2 June 2011.
Value for money is a critical consideration in assessing whether external firms should be engaged to
provide public relations services or any other services. No external public relations firms were engaged
by my Department at any time over the past four years. A public relations firm was engaged on two
occasions in earlier years to provide services that the Department, which was newly established at that
time, was not in a position to provide itself.
Year Company Service Provided Cost 2011 Zoetrope Provision of press and publicity, online and social
media services to Culture Ireland for the duration of the Imagine Ireland programme
2011 €84,000 2012 Zoetrope Provision of PR and Media services to Culture Ireland for the Venice
Architecture Biennale 2012 €7,000 2016 Q4PR Publicity campaign for Irish Language employment
opportunities in the European Institutions €17,000 Total €108,000
13/12/2016WRQ00500Ministerial Correspondence13/12/2016WRQ00600392. Deputy John Brady asked
the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if she has used any private
unsecured email accounts for official business; and if she will make a statement on the
matter. [39578/16]13/12/2016WRQ00700Minister for Arts, Heritage, Regional, Rural and Gaeltacht
Official email business in my role as Minister is conducted via Department and Oireachtas email
accounts. On occasion, when outside the office, I make use of a private Gmail account on my mobile
phone to forward information of a nonsensitive nature, generally relating to diary appointments or
constituency matters, to my private office.
13/12/2016WRQ00800Deer Hunting13/12/2016WRQ00900393. Deputy Martin Ferris asked the Minister
for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the circumstances under which red deer stags
were shot and killed by trophy hunters in Killarney National Park; and if she will make a statement on the
There is an annual Open Season during which deer can be legally shot under licence. The Open Season
generally operates from 1 September to 28 February, depending on the species and gender of deer.
Hunters need to have permission from the landowner and/or the sporting rights holder where they hunt.
The hunting of both male and female red deer in county Kerry is prohibited under the Open Seasons
Order. However, there is a facility under the Wildlife Acts whereby landowners may apply to my
Department for a special permission to cull deer where this is necessary outside the annual open seasons.
These permissions offer a facility whereby a person can obtain a permit, on a casebycase basis, to
prevent serious damage caused by individual deer on specific lands. Permissions are only issued where
there is evidence of such damage. Such permits are granted to a particular landowner and specify the
person (deer stalker) who is permitted to carry out the cull. As such, the permits are non transferable and
may not be sold.
Officials of my Department have investigated the allegation that an overseas hunter reputedly “bought” a
permit to shoot red deer in the Killarney area. It is my understanding that this allegation has also been
reported to An Garda Síochána. To date, my Department has found no evidence or concrete information
in relation to this allegation. If, however, the Deputy wishes to forward any specific information he may
have, I will be glad to have the matter given further consideration.
13/12/2016WRQ01100Deer Hunting13/12/2016WRQ01200394. Deputy John Brady asked the Minister
for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if her attention has been drawn to the fact that
permits that have been granted to a person to shoot an animal have been sold on; and if she will make a
statement on the matter. [39610/16]13/12/2016WRQ01300Minister for Arts, Heritage, Regional, Rural
and Gaeltacht Affairs (Deputy Heather Humphreys):
Under the Wildlife Acts, there are various hunting activities which are licensing by my Department,
including the hunting of deer. Deer hunting licences are issued by my Department on an annual basis to
individuals to hunt deer during the Open Season. The annual Open Season during which deer can be
legally shot under licence generally operates from 1 September to 28 February, depending on the species
and gender of deer. Some 4,600 deer hunting licences have been issued by my Department in 2016 to
date. Licences are granted to a particular individual and are nontransferable and may not be sold.
Investigations by my Department have not, to date, uncovered evidence regarding the reselling of any
license. If, however, the Deputy wishes to forward any specific information he may have, I will be glad to
have the matter given further consideration.
13/12/2016WRQ01400Architectural Heritage13/12/2016WRQ01500395. Deputy Donnchadh Ó
Laoghaire asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if Vernon Mount
House is on the National Inventory of Architectural Heritage. [39672/16]
13/12/2016WRQ01600396. Deputy Donnchadh Ó Laoghaire asked the Minister for Arts, Heritage,
Regional, Rural and Gaeltacht Affairs her responsibilities and duties regarding buildings or structures that
are on the National Inventory of Architectural Heritage. [39673/16]
Regional, Rural and Gaeltacht Affairs if she received correspondence from an organisation (details
supplied) regarding the situation in Vernon Mount House in June 2016 and the concerns that existed
regarding its safety and security; and the action her Department took on foot of that. [39674/16]
Regional, Rural and Gaeltacht Affairs if the Government or her Department must approve any alterations,
renovations, removals or demolitions pertaining to structures on the National Inventory of Architectural
Heritage. [39675/16]13/12/2016WRQ01900399. Deputy Donnchadh Ó Laoghaire asked the Minister for
Arts, Heritage, Regional, Rural and Gaeltacht Affairs the actions her Department has taken, or intends to
take, to secure Vernon Mount House following the fire there earlier in 2016. [39676/16]
Regional, Rural and Gaeltacht Affairs if she will secure the future of Vernon Mount House and take
action to ensure no further damage happens there. [39677/16]13/12/2016WRQ02100Minister for Arts,
Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Heather Humphreys):
I propose to take Questions Nos. 395 to 400, inclusive together.
My role, as Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, with regard to the
protection and management of our architectural heritage, is set out in the provisions of relevant
legislation, as are the role of local authorities and the responsibilities of owners as regards heritage assets.
Part IV of the Planning and Development Act 2000, as amended, provides for the protection of
architectural heritage. The Act gives primary responsibility to planning authorities to identify and protect
the architectural heritage by including relevant structures on the Record of Protected Structures. Inclusion
on the Record of Protected Structures places a duty of care on the owners and occupiers of protected
structures and also gives planning authorities powers to deal with development proposals affecting them
and to seek to safeguard their future.
As Minister, I draw on information provided by the National Inventory of Architectural Heritage,
maintained by my Department, to recommend structures for inclusion on the Record of Protected
Structures. However, the final decision in regard to inclusion is a reserved function of the planning
authority.
Under section 54 of the Planning and Development Act 2000, a planning authority may add to or delete
from its Record of Protected Structures a structure, a specified part of a structure or a specified feature of
the attendant grounds of a structure. Such a structure, specified part of a structure, or specified feature
remains on the Record of Protected Structures until such time as the planning authority deletes it.
There is a duty on owners and occupiers to protect structures from endangerment. Where structures
become endangered or unauthorised development has been or is being carried out, the planning authority
has the powers to take appropriate action.
The structure referred to by the Deputy is listed on both the National Inventory of Architectural Heritage
and on the Record of Protected Structures. The destruction of the house, which I understand is the subject
of a Garda investigation as a criminal matter, is most regrettable.
My Department has issued guidance circulars previously on disaster management/security of derelict
protected structures to local authorities and follows up as appropriate in individual circumstances. In this
case, officials of my Department met with the local authority in the week following the fire to initiate
discussions on all the issues arising from the loss. Correspondence was received from the organisation
referred to by the Deputy in relation to the structure mentioned and a reply was issued by my Department.
I understand that the local authority has been acting with the relevant parties to seek to protect the
building. In 2012 and 2014, the council carried out urgent conservation works to the roof of the house
with financial assistance from my Department.
There are a number of ways in which my Department acts in respect of possible heritage sites/buildings
deemed to be at risk. One of these is the receipt of applications for funding for the repair, conservation,
preservation or safeguarding of protected structures, sites or monuments.
Financial support is provided by my Department through a number of structured schemes for the
conservation and protection of heritage buildings. My Department itself operates a Structures at Risk
Fund (SRF) to enable conservation works to heritage structures, in both private and public ownership,
that are protected under the Planning and Development Acts.
In 2015, I launched a new €2 million scheme the Built Heritage Investment Scheme (BHIS) for the
repair and conservation of protected structures. The 2016 BHIS scheme has operated via the local
authorities, on the same model as the very successful Built Heritage Jobs Leverage Scheme, which ran in
2014. In 2016, BHIS has supported over 270 projects across the country, creating over 17,000 days of
employment in the conservation and construction industries, while helping to regenerate urban and rural
areas. The scheme has also leveraged just under €5.5 million, more than double the scheme’s allocation
of €2 million. Both schemes will run again in 2017.
The Heritage Council, which my Department funds, also provides grants for the protection and
preservation of the built heritage. For 2016, the Council is administering a communitybased heritage
grants scheme available for projects that contributed to particular heritage themes. Further details can be
found at www.heritagecouncil.ie.
My Department will continue its ongoing support and engagement with local authorities as regards their
functions for the protection and management of our built heritage as set out under the Planning and
Development Acts, having regard to the available resources.
13/12/2016WRQ02200Urban Renewal Schemes13/12/2016WRQ02300401. Deputy Pat Casey asked
the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the funding allocations to projects
under the town and village schemes by county; the total allocation to date; and if she will make a
Last August, I launched the Town and Village Renewal Scheme with an allocation of €10 million in
funding for this year. A sum of €380,000 was made available to each of the 26 counties for 2016 under
this initial phase of the scheme. Local Authorities, in conjunction with local communities and businesses,
were invited to submit up to 8 proposals to my Department for approval.
Following an assessment of the proposals received, I announced on 4 November details of 172 towns and
villages which were approved for funding under this year’s Town and Village Renewal Scheme. The total
amount allocated through these approvals is €9.865 million. A full list of towns benefitting under the
scheme, by county, is available on my Department’s website at the following
link: http://www.ahrrga.gov.ie/morethan170townsandvillagesbenefitfromfundingundere10m
townandvillagerenewalschemeministerhumphreys/.
I have secured increased funding of €12 million for an enhanced Town and Village Renewal scheme as
part of Budget 2017. This represents a trebling of the original 2016 baseline allocation of €4 million.
Under the 2017 scheme, I intend to run a pilot to encourage increased residential occupancy in town and
village centres.
13/12/2016WRQ02500Regeneration Projects13/12/2016WRQ02600402. Deputy Pat Casey asked
the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the status of the rollout of town
centre health checks on a county basis; and if she will make a statement on the matter. [39754/16]
13/12/2016WRQ02700Minister for Arts, Heritage, Regional, Rural and Gaeltacht
The rollout of a pilot programme for town centre health checks is primarily a matter for the Heritage
Council. The Council, in collaboration with my Department, the Department of Housing, Planning,
Community and Local Government, related agencies and professional practitioners who are experienced
in towncentre revitalisation, urban design, heritage and environmental management in Ireland and
elsewhere, have developed a collaborative pilot Town Centre Health Check (TCHC) training programme
in late 2016. This pilot programme follows on from a heritage–led regeneration approach to towns within
my own Department during the development of the Historic Towns Initiative Pilot and other urban
regeneration schemes, such as the Living City Initiative.
I view the pilot TCHC training programme as another tool which will assist in Rural Development and
Urban Regeneration and the revitalisation of our historic towns and villages.
The pilot is being monitored and evaluated as it progresses and a process evaluation report will be
prepared in May 2017 for review by the Heritage Council and my Department. Further information is
available from the Heritage Council and on their website www.heritagecouncil.ie.
13/12/2016WRQ02800National Monuments13/12/2016WRQ02900403. Deputy Peadar Tóibín asked
the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if consents which have been given
to a person (details supplied) with regards to sub aqua dives on the Lusitania demand that trained
underwater archaeologists using an archaeological methodology be used; if not the occasions the person
and their associates have been given consents by her without accompaniment by underwater
archaeologists and the use of archaeological methodology; if this represent a radical departure from the
State’s policy and practice on underwater archaeology as it has operated for decades; and if not if she will
detail comparable consents at other archaeological sites or other war graves. [39780/16]
13/12/2016WRQ03000404. Deputy Peadar Tóibín asked the Minister for Arts, Heritage, Regional, Rural
and Gaeltacht Affairs if any archaeological requirements have been removed from the license conditions
of a person (details supplied); and if this was this done with the approval of the UAU. [39781/16]
Under section 3 of the National Monuments (Amendment) Act 1987, a person wishing to dive, survey or
undertake various other specified activities in relation to a shipwreck that is subject to an underwater
heritage order or that is more than 100 years old is required to obtain a licence from me, as Minister Arts,
Heritage, Regional, Rural and Gaeltacht Affairs. A licence may be granted subject to certain conditions as
appropriate.
Conditions associated with licences granted under section 3 of the Act are structured to reflect the
particular nature, circumstances and objectives of the licensable activity, consistent with the State’s
policy for the protection of historic wrecks and in accordance with the Framework and Principles for the
Protection of the Archaeological Heritage first published in 1999. Each application is viewed in the
context of the specific circumstances prevailing in relation to the diving objective and is subject to full
review and input from the relevant professional services of my Department.
In the instance referred to by the Deputy, the Underwater Archaeology Unit of my Department, under the
remit of the Acting Chief Archaeologist, contributed in full to the consideration of the application in
question and to the comprehensive terms and conditions attached to the licence.
I am satisfied that the licence issued in this case was appropriate to the circumstances and properly
reflected the input of the professional archaeologists in my Department. I believe that the approach taken
is consistent with the policy of licence input and supervision by my Department.
Ultimately, an important recovery was made in this case, which will be available to the public once
conservation work is completed.
13/12/2016WRQ03200Departmental Budgets13/12/2016WRQ03300405. Deputy Éamon Ó Cuív asked
the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the underspend against profile by
her Department at 30 November 2016, broken down by subhead in tabular form; the reason for the
underspend; the projected outturn broken down the same way against the total revised estimate for the
end of the year; and if she will make a statement on the matter. [39851/16]
There is an underspend of approximately 13% against profile within my Department’s Vote for the year
to 30 November 2016.
All of the subheads showing an underspend against profile as at 30 November 2016 are listed in the table
below. Expenditure profiles do not take account of virement of savings between subheads within my
Department’s Vote with the sanction of the Department of Public Expenditure and Reform.
The underspend has occurred because of timing issues and also delays in the drawdown of funding in
relation to
the Arts Programme in respect of certain onceoff Decade of Centenary projects; and
the Rural and Regional Programme that transferred to my Department in June.
All expenditure within my Department’s Vote continues to be carefully monitored to ensure the best use
of available financial resources. All current funding is expected to be expended in full and no capital
savings beyond those which can be carried forward by deferred surrender into 2017 are envisaged.
Subheads showing an underspend against profile at 30 November 2016 A.4 General Expenses of the
National Archives and National Archives Advisory Council A.5 General Expenses of the Irish Museum of
Modern Art, Chester Beatty Library, National Concert Hall and the Crawford Gallery A.6 Regional
Museums, Galleries, Cultural Centres and Projects A.12 Irish Film Board A.13 General Expenses of the
National Gallery of IrelandA.15 Decade of Centenaries 19121922 A.16 Cork Event Centre B.4 Built
Heritage B.7 Built Heritage Jobs Leverage Scheme B.8 Peatlands Restoration C.3 Gaeltacht Support
Schemes C.4 Irish Language Support Schemes C.5 An Coimisinéir Teanga C.10 20 Year Strategy for the
Irish Language 20102030 E.3 Dormant Accounts Measures E.4 Western Development Commission E.6
LEADER Rural Economy Sub Programme
13/12/2016WRQ03500Departmental Legal Cases13/12/2016WRQ03600406. Deputy Peadar
Tóibín asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if her Department has
been involved in any court proceedings that involved non disclosure agreements in the past five years;
and if so, if the specific court ruling prevented knowledge of the court proceeding being known and
agreements. [39861/16]13/12/2016WRQ03700Minister for Arts, Heritage, Regional, Rural and Gaeltacht
Department of Arts, Heritage and the Gaeltacht, which was itself established on 2 June 2011 and, in
addition, is also responsible for certain functions transferred from the Department of the Environment,
Resources.
No nondisclosure agreements have been entered into with any organisation due to court action since the
establishment of the Department in 2011.
For completeness, I wish to advise as set out in my reply to question number 481 of 29 November 2016,
that there is a confidential legal agreement in place with Meath Partnership relating to the delivery of the
Leader Programme 20072013, which was entered into by the then Department of the Environment,
Community and Local Government in 2015. This agreement is not related to any actual or prospective
court proceedings. Responsibility for the LEADER programme was transferred to my Department earlier
this year.
13/12/2016WRQ03800Commemorative Events13/12/2016WRQ03900407. Deputy Catherine
Murphy asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs her plans to extend
the work of the Decade of Centenaries Oireachtas AllParty Consultation Group on Commemorations to
encompass the State’s history from the years 1913 to 1923; and if she will make a statement on the
matter. [39907/16]13/12/2016WRQ04000408. Deputy Catherine Murphy asked the Minister for Arts,
Heritage, Regional, Rural and Gaeltacht Affairs her plans to establish a new Oireachtas allparty
consultation group on commemorations (details supplied); and if she will make a statement on the
The Government will continue to mark significant events throughout the Decade of Centenaries. This will
be based on the inclusive, open and consultative approach that has worked so well this year. At all times,
the Government has been supported in its plans by the guidance and advice of the Expert Advisory Group
on Commemorations and the Oireachtas AllParty Consultation Group on Commemorations.
For example, next year, we will remember the battle of Messines. In 2018, we will mark the end of the
First World War and the General Election of 1918 and then moving on to commemorate the First Dáil in
January 2019. Commemorating the period of the War of Independence and the Civil War will present its
own challenges. However, I strongly believe the same open and honest approach which we used for this
year’s successful commemorations, allowing all narratives to be heard, will ensure that we will be able to
reflect appropriately on the all of the major historical events as they unfolded.
To this end, I can advise the Deputy that a number of new appointments have recently been made to the
Expert Advisory Group on Commemorations and that Group is currently considering the issue of
guidance around the approach to the second half of the Decade of Centenaries. As the Deputy will be
aware, the term of office of the AllParty Consultation Group on Commemorations expired on 3 February
of this year, with the dissolution of the 31st Dáil and Seanad. I am currently considering the steps
necessary to reestablish the Oireachtas AllParty Consultation Group on Commemorations and I am
committed to ensuring that we will be able to reflect appropriately and respectfully on all of the major
historical events to be commemorated over the remainder of the Decade.
13/12/2016WRQ04200Departmental Schemes13/12/2016WRQ04300409. Deputy Niamh Smyth asked
the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the application process and
deadlines for a scheme (details supplied); the persons and bodies eligible to apply; the process involved;
and if she will make a statement on the matter. [39974/16]13/12/2016WRQ04400Minister of State at the
Department of Arts, Heritage and the Gaeltacht (Deputy Michael Ring):
The programme referred to by the Deputy is a targeted investment programme which provides funding
for small scale infrastructural projects in rural areas which have suffered the greatest levels of population
decline.
I launched the 2016 programme on 6 October 2016, with a focus on three separate measures: Safety
Measures for Schools and Community/Sports Facilities, Playgrounds and MultiUse Games Areas, and
Local Access Roads. All Local Authorities which have designated programme areas were invited to
apply; this includes all counties except Dublin, Wexford and Kildare. The closing date for receipt of
applications was 4 November 2016.
On 1 December, I announced the allocation of €8.24 million to 651 successful projects under the
programme. The programme for 2016 is now closed. However, I have secured an allocation of €5 million
for the programme for 2017. Decisions regarding the particular measures to be implemented through the
programme in 2017 will be taken in the New Year.
13/12/2016WRQ04500Leader Programmes Funding13/12/2016WRQ04600410. Deputy Brendan
Griffin asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs if funding will be
available through Leader for a project (details supplied) in County Kerry; and if she will make a
Leader funding is delivered through Local Action Groups in each of the 28 Leader subregional areas
around the country. The Leader programme funds projects under three policy themes:
Economic Development, Enterprise Development and Job Creation,
Social Inclusion, and
Rural Environment.
In order for a project to be eligible for Leader funding, it must be compatible with the actions outlined in
the approved Local Development Strategy in the subregional area concerned, and it must comply with
the Operating Rules and EU Regulations in place for the programme.
The decision to approve a project, or otherwise, is a matter for the Local Action Group in the relevant
area. In this particular case, the Local Action Group is Kerry Local Community Development Committee
(LCDC).
In order to progress an application for funding in this particular case, the applicant should, in the first
instance, contact the Local Action Group’s Implementing Partner, North East and West Kerry
Development, to obtain an Expression of Interest form for completion.
North East and West Kerry Development will be in a position to advise the applicant if the project is
eligible for Leader funding, based on a more detailed consideration of the project.
The contact details for North East and West Kerry Development are as follows:
North East and West Kerry Development, Áras an Phobail, Croílár na Mistéalach, Tralee. Email:
info@newkd.ie. Phone: 066 7180190.
13/12/2016WRQ04800Scéimeanna Rannach13/12/2016WRQ04900411. D’fhiafraigh Deputy Pat The
Cope Gallagher den an Aire Ealaíon, Oidhreachta, Gnóthaí Réigiúnacha, Tuaithe agus Gaeltachta cén líon
iomlán clubanna óige atá cláraithe le hÓige na Gaeltachta Teo. sna limistéir Ghaeltachta éagsúla ó 2013 i
leith nuair a aistríodh obair Óige na Gaeltachta go dtí Muintearas Teo. agus an gcuirfidh sí an teolas seo
ar fáil agus é briste síos de réir líon Bhallraíocht A agus líon Bhallraíocht B; céard í an tsuim airgid atá
íoctha, i gcomhair ballraíochta, ag gach club a luaitear thuas, ón mbliain 2013 i leith; an bhféadfaí taifead
agus miondealú cuimsitheach a thabhairt ar na suimeanna airgid a sholáthair Óige na Gaeltachta Teo.,
agus Óige na Gaeltachta faoi choimirce Muintearas Teo., aisti féin do gach club as Tír Chonaill; an
bhféadfaí taifead agus miondealú cuimsitheach a thabhairt ar an deontas iomlán airgid atá soláthartha ag
Ranna Stáit d’Óige na Gaeltachta Teo. agus d’Óige na Gaeltachta faoi choimirce Muintearas Teo. as an
státchiste ón mbliain 2013 i leith; an bhféadfaí taifead cuimsitheach a fháil ar an gcaoi ar caitheadh na
deontais iomlána airgid thuasluaite; agus an ndéanfaidh sí ráiteas ina thaobh. [40075/16]
13/12/2016WRQ05000Minister of State at the Department of Arts, Heritage and the
Gaeltacht (Deputy Seán Kyne):
Mar go bhfuil eolas cuimsitheach iarrtha ag an Teachta, tuigfidh sé nach bhfuil sé indéanta an teolas seo
a chur le chéile laistigh den amscála atá ar fáil.
Tá iarrtha ar Údarás na Gaeltachta an teolas ábhartha a chur ar fáil laistigh den amscála atá leagtha síos
sna Buanorduithe agus beifear i dteagbháil arís leis an Teachta chomh luath agus is féidir.
13/12/2016WRQ05100Legislative Programme13/12/2016WRQ05200412. Deputy Michael
Moynihan asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the name and
number of Bills in preparation in her Department and published by her Department since May 2016; the
Stage each Bill is at in the Houses of the Oireachtas; the number of Bills from her Department signed into
law; and if she will make a statement on the matter. [40129/16]13/12/2016WRQ05300Minister for Arts,
Heritage, Regional, Rural and Gaeltacht Affairs (Deputy Heather Humphreys):
There are two published Bills in progress at present relating to my Department. The Heritage Bill,
published in January 2016, is on Committee Stage in Seanad Éireann and the Wildlife (Amendment) Bill,
published in July, has completed Committee Stage in Dáil Éireann.
Other legislation planned by my Department includes the National Archives (Amendment) Bill and the
National Monuments Bill. The proposed Official Languages (Amendment) Bill is under review by my
Department at present.
13/12/2016WRQ05400Medical Card Eligibility13/12/2016WRQ05500413. Deputy Bernard J.
Durkan asked the Minister for Health the eligibility for a medical card in the case of a person (details
supplied); and if he will make a statement on the matter. [39374/16]13/12/2016WRQ05600Minister for
Health (Deputy Simon Harris):
The Health Service Executive has been asked to examine this matter and to reply to the Deputy as soon as
possible.
The Health Service Executive operates the General Medical Services scheme, which includes medical
cards and GP visit cards, under the Health Act 1970, as amended. It has established a dedicated contact
service for members of the Oireachtas specifically for queries relating to medical cards and GP visit
cards, which the Deputy may wish to use for an earlier response. Contact information was issued to
Oireachtas Members.
13/12/2016WRQ05700Health Services Provision13/12/2016WRQ05800414. Deputy Brendan
Smith asked the Minister for Health when the refurbishment and upgrading of a health facility will
commence (details supplied); the reason for the delay in these necessary improvement works being
undertaken; when work is likely to commence; the timescale for work to be completed; and if he will
make a statement on the matter. [39383/16]13/12/2016WRQ05900Minister of State at the Department of
Health (Deputy Helen McEntee):
As this is a service matter it has been referred to the Health Service Executive for direct reply.
13/12/2016WRR0010013/12/2016WRR00200Respite Care Services
13/12/2016WRR00300415. Deputy Brendan Smith asked the Minister for Health the number of respite
beds available in counties Cavan and Monaghan; the waiting lists for such facilities; his plans to increase
the number of respite beds; and if he will make a statement on the matter. [39384/16]
13/12/2016WRR00400Minister of State at the Department of Health (Deputy Finian McGrath):
The Government is committed to providing services and supports for people with disabilities which will
empower them to live independent lives, provide greater independence in accessing the services they
choose, and enhance their ability to tailor the supports required to meet their needs and plan their lives.
This commitment is outlined in the Programme for Partnership Government, which is guided by two
principles: equality of opportunity and improving the quality of life for people with disabilities.
The Programme for Partnership Government states that the Government wishes to provide more
accessible respite care to facilitate full support for people with a disability.
The particular issue raised by the Deputy is a service matter for the Health Service Executive (HSE).
Accordingly, I have arranged for the question to be referred to the HSE for direct reply to the Deputy.
13/12/2016WRR00500Hospital Appointments Status13/12/2016WRR00600416. Deputy Pat
Deeringasked the Minister for Health when a person (details supplied) who was referred to University
Hospital Waterford on 9 January 2015, their referral was triaged as urgent, will be scheduled for
surgery. [39385/16]13/12/2016WRR00700Minister for Health (Deputy Simon Harris):
Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or
arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE
Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a
personal service to any individual or to confer eligibility on any individual.
The National Waiting List Management Policy, A standardised approach to managing scheduled care
treatment for inpatient, day case and planned procedures, January 2014, has been developed to ensure
that all administrative, managerial and clinical staff follow an agreed national minimum standard for the
management and administration of waiting lists for scheduled care. This policy, which has been adopted
by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to
you directly.
13/12/2016WRR00800Hospital Appointments Delays13/12/2016WRR00900417. Deputy Robert
Troy asked the Minister for Health the reason for the delay in a hospital appointment for a person (details
supplied). [39406/16]13/12/2016WRR01000Minister for Health (Deputy Simon Harris):
The scheduling of appointments for patients is a matter for the hospital to which the patient has been
referred. Should a patient’s general practitioner consider that the patient’s condition warrants an earlier
appointment, he or she should take the matter up with the consultant and the hospital involved. In relation
to the specific case raised, I have asked the HSE to respond to you directly.
13/12/2016WRR01100Hospital Appointments Status13/12/2016WRR01200418. Deputy Catherine
Connolly asked the Minister for Health when an MRI and lumbar puncture appointment will be provided
for a person (details supplied); and if he will make a statement on the matter. [39425/16]
13/12/2016WRR01300Minister for Health (Deputy Simon Harris):
you directly.
13/12/2016WRR01400Hospital Facilities13/12/2016WRR01500419. Deputy Peter Burke asked
the Minister for Health if the laundry at St. Loman’s Hospital, Mullingar, County Westmeath, will be
closed and outsourced. [39426/16]13/12/2016WRR01600Minister of State at the Department of
As this is a service issue, this question has been referred to the HSE for direct reply.
13/12/2016WRR01700LongTerm Illness Scheme Coverage13/12/2016WRR01800420. Deputy John
Brassil asked the Minister for Health when the freestyle libre system (details supplied) of blood testing
will become available on the Irish market; if the HSE has plans to provide the technology on the long
term illness scheme; and if he will make a statement on the matter. [39438/16]
13/12/2016WRR01900426. Deputy Marc MacSharry asked the Minister for Health the reason the free
style libre device (details supplied) for type 1 diabetes patients is not currently covered on the list of
eligible items for the medical card or long term illness scheme; if his attention has been drawn to the
impact of this blood sugar monitoring system on type 2 diabetes patients, particularly children; if he will
include this in items covered by the medical card and longterm illness scheme; and if he will make a
statement on the matter. [39511/16]13/12/2016WRR02000460. Deputy Kathleen Funchion asked
the Minister for Health if his attention has been drawn to the new technology for young children with
diabetes, the freestyle libre (details supplied); if he will consider investing in this technology to improve
blood sugar control in young diabetics; and if he and the HSE will consider approving the freestyle libre
on the longterm illness scheme. [39747/16]13/12/2016WRR02100519. Deputy John Curran asked
the Minister for Health if he will consider providing access to the freestyle libre, a blood sugar level
meter for children with type 1 diabetes, on the longterm illness scheme; and if he will make a statement
on the matter. [40060/16]13/12/2016WRR02200Minister for Health (Deputy Simon Harris):
I propose to take Questions Nos. 420, 426, 460 and 519 together.
The HSE has statutory responsibility for decisions on pricing and reimbursement of medicinal devices
under the community drug schemes in accordance with the provisions of the Health (Pricing and Supply
of Medical Goods) Act 2013.
The manufacturer must make a completed application to the HSE for reimbursement of the device under
the Community Drugs Schemes. A health technology assessment may then be required to assess its
clinical benefits and costeffectiveness.
13/12/2016WRR02300Health Services Staff Recruitment13/12/2016WRR02400421. Deputy Gino
Kenny asked the Minister for Health the assurances he can provide that community employment schemes
in the health and social care service will not be used to replace permanent positions in the service nor to
exploit jobseekers along the lines of previous discredited schemes such as JobBridge; and if he will make
a statement on the matter. [39448/16]13/12/2016WRR02500Minister for Health (Deputy Simon Harris):
I have asked the HSE to respond to the Deputy directly on this matter.
13/12/2016WRR02600Mortality Data13/12/2016WRR02700422. Deputy Jan O’Sullivan asked
the Minister for Health if there statistics are gathered on incidents of sudden death as a result of heart
conditions in the context of ensuring that staff in these locations are appropriately trained and that
defibrillators are available; and if he will make a statement on the matter. [39453/16]
13/12/2016WRR02800Minister of State at the Department of Health (Deputy Marcella Corcoran
Kennedy):
As the Deputy’s question relates to service matters, I have arranged for the question to be referred to the
Health Service Executive for direct reply to the Deputy.
13/12/2016WRR02900Departmental Expenditure13/12/2016WRR03000423. Deputy Niall Collins asked
the Minister for Health the total photography costs for his Department per annum since March 2011,
inclusive of costs incurred from use of the ministerial allowance in tabular form; the occasions for which
photographers were booked; the photographers used; the breakdown of costs associated with each
his Department; and if he will make a statement on the matter. [39472/16]13/12/2016WRR03100Minister
for Health (Deputy Simon Harris):
No photography costs are met from my Ministerial Allowance. Details as requested are presented in the
following table for 2011 2015.
I will forward details for departmental photography expenditure for 2016, as soon as they are collated.
Year Event Photographer € Cost ex vat 2015Department of Health Consultation Event 2015 Robbie
Reynolds Photography 600 2015 Photography for the launch of National Sexual Health Strategy Mark
Stedman 450 2015Photography for launch of the Healthy Ireland Survey 2015 Marc
O’Sullivan 450 2015 Photography for new Healthy Ireland website and social media Conor
O’Mearain 150 2015 Purchase of stock photography for Healthy Ireland
website Shutterstock 39 2014 All Ireland Chief Nursing Officers’ Conference Conor McCabe
Photography Ltd 369 2014 HSE Aviva Stakeholder Consultation Conor McCabe Photography
Ltd 308 2014 All Ireland Chief Nursing Officers’ Conference Robbie Reynolds Photography
Ltd 308 2014 Portrait of Council Members Healthy Ireland Conor McCabe Photography
Ltd 1046 2014 Launch of the National Rare Disease Plan for Ireland Conor McCabe Photography
Ltd 431 2014 A Ministerial Meeting of the British Irish Council – Misuse of Substances Sectoral Group,
Dublin Castle Robbie Reynolds Photography Ltd 246 2013 Symposium for Senior Pharmaceutical Policy
makers on 2930 August 2013 Robbie Reynolds Photography Ltd 738 2013 Joint Meeting of Chief
Medical Officers and Chief Nursing Officers Fennells 105 2013 National Drugs Coordinators Meeting
April 2013Fennells 117 2013 NPHDB /CHGB Joint Induction Day Photo Session 1/10/13 1Image
Photography 314 2013 Photography Costs for John Higgins Chair of the Strategic Board on Hospital
Groups Donagh Glavin Photography 234 2013 Tobacco Free Ireland Launch Conor McCabe Photography
Ltd 554 2013 First National Clinical Effectiveness Symposium Derek Speirs 4372013 Launch of the
Healthy Ireland Report Photocall Ireland 559 2013 Launch of Healthy Ireland Report Robbie Reynolds
Photography Ltd 615 2012 2nd National Patient Safety Conference Derek Speirs 317 2012 Consultation
Day on Rare Disease Plan for Ireland Conor McCabe Photography Ltd 430 2012 Closing Conference to
mark the end of the European Year for Active Ageing and Solidarity between Generations 2012 in Ireland
(in which the Department of Health was coordinating) Tommy Clancy Photography 584 2011 Seminar:
Parental Substance Misuse – Addressing its Impact on Children A review of the Literature Conor
Healy 800
It is the policy in the Department only to engage external services, including photography, where it is felt
to be appropriate and costeffective, e.g., to promote awareness of new schemes or to invite public
consultations on policy matters. In doing so, the Department takes account of Government decisions and
policy.
13/12/2016WRR03200Consultancy Contracts Data13/12/2016WRR03300424. Deputy Niall
Collins asked the Minister for Health the external consultant reports commissioned by his Department
since March 2011 per annum in tabular form; the costs per report; the company involved; the title of the
report; and the publication date. [39488/16]13/12/2016WRR03400Minister for Health (Deputy Simon
Harris):
Since my appointment as Minister for Health I have not directly commissioned any reports.
Published reports for the years in question are available on the Department’s website at:
http://health.gov.ie/publicationsresearch/publications/.
Presented in the following table are details from the Department’s A7 expenditure for consultant reports
commissioned by the Department from March 2011 to December 2015 together with associated costs and
publication status as of the latter date. Data for 2016 are not yet available and will be collated and
forwarded as soon as possible.
It is the policy in my Department only to engage the services of external consultants where it is felt to be
appropriate and costeffective, taking account of Government decisions and policy including procurement
protocols on the matter. Should the Deputy have a particular report for which additional details are
required please contact my office and I will arrange for the matter to be followed up.
Year Commenced Organisation/ Consultants Name of ReportStatus as at December 2015 Cost to
December 2015 2015 Amarach Research Alcohol Labelling Research Report being
drafted. €86,138 2015 NUIG Suite of Literature Reviews to support National Clinical Guidelines Work
commenced €159,645 2015 UCC Systematic literature review National Early Warning Score
update Ongoing €22,743 2015 ICF Consulting Services/DKM Economic Consultants An assessment of
the economic costs of smoking in Ireland Ongoing €12,449 2015 Prospectus Code of Conduct for Health
and Social Service Providers Extracts will be published within clinical
guidelines €86,138 2015 UCD Clinical Handover Guideline Work
ongoing €86,292 2015 DCU Management of the Acute Adult Asthma Patient – provision of
research Extracts to be published within clinical guideline €9,973 2015 DCU Paediatric Early Warning
Score – Preimplementation research Extracts to be published within clinical
guideline €24,000 2015 INDECON Economic Consultants Analysis of potential measures to encourage
the provision of Primary Care facilities Work ongoing €0 2015 DKM Economic Consultants Analysis of
potential measures to encourage the provision of Nursing Homes and Community Nursing Unit
facilities Work ongoing €40,221 2014 DCU School of Nursing Report to support the Taskforce on
Staffing and Skill mix for nursing Will be used to inform the final Report on the Taskforce on Staffing and
Skill Mix €7,418 2014 DCU School of Nursing Literature Review and Nursing Workforce Evaluation to
Support the Taskforce on Staffing and Skill Mix Will be used to inform the Report of the Taskforce on
Staffing and Skill Mix €19,845 2014 Crowe Horwath Thematic Analysis of Submissions in response to a
Public Consultation on the White Paper for Universal Health Insurance Published on Department’s
website €39,176 2014 NUI Galway Systematic literature review Maternity Early Warning Score Extracts
published within clinical guideline €23,935 2014 DCU Systematic literature review Paediatric Early
Warning Score Extracts will be published within clinical guideline €20,095 2014 UCC Systematic
literature review Clinical Practice Guidance Published on Department’s website €20,712 2014 Sinéad
Shannon Review of the international evidence and literature on selection criteria for the Outcomes
Framework Ongoing €5,000 2013 Prospectus Strategy Consultants Review of Staffing Resources and
Organisational Structure of the Department of Health Report completed but not published, for
Department’s use only €72,940 2013Deloitte and Touche Consultants Ltd Review of the Nursing Homes
Support Scheme Ongoing €36,900 2013 Matheson Ormsby Prentice Legal Research and advisory services
on the design and implementation of an insurance based health system providing universal coverage in
Ireland Not Published €123,000 2013 Prof Oonagh Walsh Report on symphysiotomy in Ireland, 1944
1984 Not published €49,500 2013 Ernst & Young Reports relating to the development of the Programme
Management Office (cost includes a range of consultancy services) Ongoing – internal
reports €79,212 2013 Dr Sinead Hanafin & Associates Review of the Traveller Health Advisory
Committee Finalised €6,150 2013 Prospectus Overview of the development of the Health & Wellbeing
Programme Finalised €15,156 2013 Research Matters Provision of Research Management
Services Ongoing €74,490 2013 Institute of Public Health Analysis re Consultation (Tobacco Products
Directive) Completed not yet published €5,000 2013 Professor Hammond Research on Standardised
Packaging Irish Context Ongoing €5,000 2013 CJP Consultants Preparation of report on the efficacy of
minimum pricing and other public policies for alcohol. Published on website €31,488 2013 Advertising
Standards Authority of IrelandAnnual Report of the Alcohol Marketing Communications Monitoring
Body (AMCMB) Published €21,115 2012 McGee Pharma International Labelling of Medicinal Products
in both Irish and English Completed €13,644 2012 Goodbody Stockbrokers and Matheson Ormsby
Prentice Solicitors Further Analysis of Options in relation to the restructuring of the Irish Private Health
Insurance Market Report completed €62,349 2012 Department of Public Expenditure and Reform with the
assistance of PwC Review of the Department of Health’s Parliamentary and Legislative Processes Report
completed but not published for Department’s use only €18,020 2012 Department of Public Expenditure
and Reform A survey of experience and qualifications in the Department of Health Report completed but
not published for Department’s use only None 2012 Michael Collins Associates Supplementary Report
and Addendum on Cost Comparison for the Dolphin Review Group Completed not published,
commercially sensitive €12,423 2012 John Martin Further assessment of planning issues in relation to
proposed sites for the Dolphin Review Group Published €6,000 2012 Simon Clear Further assessment of
planning issues in relation to proposed sites for the Dolphin Review Group Published €9,4752012 The
Department of Epidemiology and Public Health, UCC, in conjunction with the Centre for Health Policy
and Management, TCD. The Efficiency Review of the BreastCheck Screening
Programme Published €71,270 2012 Mr Gerard Mullaly Reforming Chronic Care: Financing and
Delivering Integrated Chronic Care Not published €5,227 2012 Mr Gerard Mullaly The Integrated
Continuing Care System (ICCS): Reforming Elderly Care in Ireland Not published €7,558 2012 Matheson
Ormsby Prentice Options Appraisal of multipayer universal health insurance models: Preliminary
advice Not Published €6,150 2012 Department of Health / SIRA Consulting Report on the baseline
measurement of the administrative burden from the Department of Health (as part of a cross Departmental
project coordinated by Department of Jobs, Enterprise and Innovation) Published
2013 €14,000 2011 Goodbody Stockbrokers and Matteson Ormsby Prentice Solicitors Commissioned to
undertake are review of the Irish Private Health Insurance Market in Relation to the options which may
exist for rebalancing Report completed €300,000
13/12/2016WRR03500Public Relations Contracts Data13/12/2016WRR03600425. Deputy Niall
Collins asked the Minister for Health the details of the use of external public relations firms employed by
his Department per annum since March 2011 in tabular form; the list of uses of the external public
relations firm; the internal Department policy with regard to employing external groups; and if he will
make a statement on the matter. [39504/16]13/12/2016WRR03700Minister for Health (Deputy Simon
Harris):
Between March 2011 and December 2014, my Department did not spend any money on public relations
or communications consultants.
Details of external PR companies engaged between January 2015 and July 2016, are presented in the
following table. I will advise the Deputy separately if any public relations companies were engaged since
July 2016.
Year Name of Company Tendered Contract 2016 RPS Consulting Engineers Ltd Public consultation
process to inform the development of a new National Drugs Strategy. This work has a public relations
dimension, as it involves a range of different public activities and events to publicise the consultation
process in order to optimise public participation 2015 DHR CommunicationsDevelopment of strategy to
support communication of the Healthy Ireland Framework and toolkit for Healthy Ireland Council
It is the policy in my Department only to engage the services of external consultants where it is felt to be
appropriate and costeffective, taking account of Government decisions and policy on the matter.
13/12/2016WRR03900Elder Abuse13/12/2016WRR04000427. Deputy Mary Butler asked the Minister
for Health when the review of legislation on elder abuse will be completed. [39411/16]
13/12/2016WRR04100Minister of State at the Department of Health (Deputy Helen McEntee):
There is currently no specific legislation on elder abuse . In December 2014, the Health Service Executive
(HSE) launched Safeguarding Vulnerable Persons at Risk of Abuse – National Policy and Procedures.
This new national policy applies to all HSE and HSEfunded services for older people and people with
disabilities. It incorporates the previously existing HSE elder abuse service into a single structure for
older people and people with disabilities. The policy outlines the procedures to be followed when there is
a concern of abuse, neglect or selfneglect of a vulnerable adult.
The HSE has established a number of structures to implement the policy, including a National
Safeguarding Office and a National Safeguarding Committee. Safeguarding and Protection Teams to deal
with suspected abuse have been established in each of the nine Community Healthcare Organisation
Areas. These Teams are managed and led by a Principal Social Worker and staffed by Social Work team
leaders and Professionally Qualified Social Workers. Staff training is under way and over 900 Designated
Officers have been appointed in service settings within the HSE’s Social Care Division to receive
concerns or referrals of abuse.
The National Safeguarding Committee was established in December 2015 with the overarching remit to
support the development of a societal and organisational culture which promotes the rights of persons
who may be vulnerable and safeguard them from abuse. It is a multiagency and intersectoral body with
an independent chair and will publish its Strategic Plan 2017 – 2021 later this month. This Plan includes
the strategic objective of informing and influencing Government policy and legislation to safeguard the
rights of people who may be vulnerable, including a focus on issues such as adult safeguarding,
advocacy, the use of chemical restraint and deprivation of liberty. Minister Harris met with the Chair of
the Committee on 5 December to discuss a number of issues, including the possibility of a consultation
document on the development of legislation to include adult safeguarding.
With regard to residents of nursing homes, all public and private nursing homes must comply with
Regulations under the Health Act 2007 and with National Standards prepared by HIQA and subject to
Ministerial approval. The Regulations contain provisions in relation to the prevention, detection and
response to abuse. National Standard 3.1 specifically states that each resident must be safeguarded from
abuse and neglect and their safety and welfare promoted.
The Health Service Executive has operational responsibility for planning, managing and delivering home
and other communitybased services for older people and people with a disability. Homecare services are
currently not formally regulated. It is accepted that there is a need to regulate the sector and the
Department has asked the Health Research Board to review how homecare services are funded and
regulated in comparable jurisdictions. The HRB review is expected to be completed by the end of 2016.
13/12/2016WRR04200LongTerm Illness Scheme Coverage13/12/2016WRR04300428. Deputy Niall
Collins asked the Minister for Health if he will amend the terms of the longterm illness scheme to cater
for persons (details supplied); and if he will make a statement on the matter. [39526/16]
of Medical Goods) Act 2013; therefore, the matter has been referred to the HSE for reply to the Deputy.
13/12/2016WRR04500Hospital Appointments Status13/12/2016WRR04600429. Deputy Robert
Troy asked the Minister for Health the status of a hospital appointment for a person (details
supplied). [39535/16]13/12/2016WRR04700Minister for Health (Deputy Simon Harris):
Under the Health Act, 2004, the Health Service Executive (HSE) is required to manage and deliver, or
Governance Act, 2013, bars the Minister for Health from directing the HSE to provide a treatment or a
you directly.
13/12/2016WRR04800Proposed Legislation13/12/2016WRR04900430. Deputy Peter Burke asked
the Minister for Health when legislation is due on the matter of surrogacy; the timeframe for the
implementation of the planned legislation; and the conditions for surrogacy in which the child is being
brought into the State; and if he will make a statement on the matter. [39547/16]
Officials in my Department are currently drafting the General Scheme of legislative provisions on
assisted human reproduction (AHR) and associated research, which will include provisions relating to
surrogacy. It is envisaged that the General Scheme will be completed in 2017. Once the General Scheme
has been completed, and has been approved by Government, I intend to submit it to the Joint Oireachtas
Committee on Health and Children for prelegislative scrutiny. It is not possible to give a definitive
timeframe for the completion of the draft Bill and its subsequent passage through the Houses of the
Oireachtas.
The proposed legislation will take cognisance of the 2014 Supreme Court judgment in the MR and Anor
v An tArd Chláraitheoir & Ors (surrogacy) case, which found that the birth mother, rather than the
genetic mother, is the legal mother. It is envisaged that the legislation will establish a mechanism for
transfer of parentage from the surrogate (and her husband, if she has one) to the intending parents.
In relation to the issue of Irish citizens engaging in surrogacy outside of the State, a guidance document
was published on this matter in February 2012 by the Minister for Justice, Equality and Defence. This
guidance document is entitled “Citizenship, parentage, guardianship and travel document issues in
relation to children born as a result of surrogacy arrangements entered into outside the State”. The
guidance document provides information to people who intend to enter surrogacy arrangements outside
the State on the practical and legal considerations arising under Irish law where the intending parents
intend to bring the child to live with them in the State.
13/12/2016WRR05100Ministerial Correspondence13/12/2016WRR05200431. Deputy John Brady asked
the Minister for Health if he has used any private unsecured email accounts for official business; and if
he will make a statement on the matter. [39586/16]13/12/2016WRR05300Minister for
I conduct official business through my official Department of Health secure email account. The
Department’s email policy does not allow access to webmail services from its network. I have on
occasions used my gmail account for nonsensitive correspondence. While a review is underway, there is
currently no policy preventing members of Government using personal accounts.
13/12/2016WRR05400Services for People with Disabilities13/12/2016WRR05500432. Deputy Joan
Burton asked the Minister for Healthif his attention has been drawn to the fact that an organisation
(details supplied) applied to the HSE for a parttime service coordinator more than 12 months ago to
facilitate independent living for their members; if he will ensure that there is no further delay in
expediting this request; and if he will make a statement on the matter. [39593/16]
13/12/2016WRR05600Minister of State at the Department of Health (Deputy Finian McGrath):
choose and enhance their ability to tailor the supports required to meet their needs and plan their lives.
This commitment is outlined in the Programme for Partnership Government which is guided by two
13/12/2016WRR05700Hospital Appointments Status13/12/2016WRR05800433. Deputy Brendan
Griffin asked the Minister for Health if a date for an operation will be provided to a person (details
supplied) in County Kerry; and if he will make a statement on the matter. [39613/16]
treatment for inpatient, day case and planned procedures, January 2014, has been developed to ensure that
all administrative, managerial and clinical staff follow an agreed national minimum standard for the
you directly.
13/12/2016WRR06000Parliamentary Questions13/12/2016WRR06100434. Deputy Jack Chambers asked
the Minister for Health the maximum timeframe allowed for the HSE to respond to parliamentary
questions which have been redirected for response by him; if it is still 15 working days or if this has been
changed; and if he will make a statement on the matter. [39618/16]13/12/2016WRR06200Minister for
All Ministers are mandated to follow Dail Standing Order 42A which states:
“(1) Where a member of the Government (including the Taoiseach), in replying to a Question asked on
notice, either (a) states that he or she has referred or will refer the Question to a body under the aegis of
his or her Department for reply (a “referred reply”), or (b) confirms that more detailed information can
and will be supplied to the member in whose name the Question appears on the Order Paper at a later date
(a “deferred reply”), that member of the Government shall cause such referred or deferred replies to be
provided within ten days after the Question has been answered, not reckoning a Saturday, Sunday or
public holiday.
(2) Each and every reply received pursuant to paragraph (1) shall be included in or otherwise associated
with the Official Report of the Debates (alongside the Question and the original reply) to which it relates
and shall be laid before the Dáil.”
Compliance with the new standing order is challenging and there is ongoing contact with the Oireachtas
on this.
13/12/2016WRR06300Hospital Appointments Administration13/12/2016WRR06400435. Deputy Niamh
Smyth asked the Minister for Health the reason a person (details supplied) has not received an urgent
appointment; if an appointment can be arranged as soon as possible; and if he will make a statement on
the matter. [39620/16]13/12/2016WRR06500Minister for Health (Deputy Simon Harris):
you directly.
13/12/2016WRR06600LongTerm Illness Scheme Coverage13/12/2016WRR06700436. Deputy Pearse
Doherty asked the Minister for Health his plans to add new lowprotein foods to the longterm illness
scheme; and if he will make a statement on the matter. [39623/16]
13/12/2016WRR06800437. Deputy Pearse Doherty asked the Minister for Health if his attention has been
drawn to the fact that there has been no revision to the number and type of lowprotein foods on the long
term illness scheme over a number of years for the metabolic disorder, PK, phenylketonuria, in which
treatment involves a strict lowprotein diet and supplement; if he had any consultation with the PKU
Association of Ireland concerning same. [39624/16]13/12/2016WRR06900Minister for
The HSE has statutory responsibility for decisions on pricing and reimbursement of medicinal products
13/12/2016WRR07000Ministerial Meetings13/12/2016WRR07100438. Deputy Joan Collins asked
the Minister for Health if he will reply to an appeal for a meeting with him and CF Ireland or if the
meeting has been set up (details supplied). [39640/16]13/12/2016WRR07200Minister for
Officials from my Department and the HSE, including the NCPE, met with Philip Watt, CEO of CF
Ireland on 30 November last. Officials provided a detailed briefing on the statutory assessment process
for Orkambi and the negotiations that had been undertaken with Vertex to date. Due to the commercial
confidentiality constraints applied by the company, the HSE was unable to share details of current pricing
proposals.
I was pleased to learn that Vertex since has responded to the HSE with a view to reengage in
negotiations with them on Orkambi.
13/12/2016WRS0010013/12/2016WRS00150Nursing Home Accommodation Provision
13/12/2016WRS00200439. Deputy Mary Butler asked the Minister for Health if he will provide for each
of the 90 public nursing homes to be replaced and refurbished; the progress made in 2016 in respect of
each in tabular form. [39641/16]13/12/2016WRS00300Minister of State at the Department of
The Government’s “Building on Recovery: Infrastructure and Capital Investment Plan 20162021” which
was published on 30 September 2015 included an investment programme in health infrastructure. Based
on this, the HSE prepared its Capital Plan and on 26 January 2016 details of the programme of investment
in public nursing home facilities were announced.
The programme includes the replacement of 33 existing facilities and refurbishment/extension of 57
others. Operational responsibility for delivering the programme is a matter for the HSE and I have asked
the HSE to reply directly to the Deputy in relation to progress made this year with the programme.
13/12/2016WRS00350Nursing Homes Support Scheme Eligibility
13/12/2016WRS00400440. Deputy Mary Butler asked the Minister for Health when he will introduce
changes to remove discrimination against small business and family farms under the fair deal nursing
homes support scheme. [39642/16]13/12/2016WRS00500Minister of State at the Department of
The Nursing Homes Support Scheme (NHSS) is a system of financial support for those in need of long
term nursing home care. Participants contribute to the cost of their care according to their income and
assets while the State pays the balance of the cost. The Scheme aims to ensure that longterm nursing
home care is accessible and affordable for everyone and that people are cared for in the most appropriate
settings. A financial assessment is carried out by the HSE to determine how much a participant in the
Scheme will contribute to the cost of their care. The Programme for a Partnership Government has
committed to reviewing the NHSS to remove any discrimination against small businesses and family
farms.
When the NHSS commenced in 2009, a commitment was made that it would be reviewed after three
years. The Report of the Review was published in July 2015. Arising out of the Review, a number of key
issues have been identified for more detailed consideration across Departments and Agencies, including
the treatment of business and farm assets for the purposes of the financial assessment element of the
Scheme. This work is currently underway and the IFA has made a submission in this context to the
Interdepartmental Group which is overseeing the implementation of certain recommendations contained
in the Review. The proposals put forward by the IFA are currently being considered. Once all of the
relevant Review recommendations have been considered, any amendments required to the Scheme will be
identified. Changes which require legislative implementation will be addressed collectively.
13/12/2016WRS00550Nursing Home Services13/12/2016WRS00600441. Deputy Mary Butler asked
the Minister for Health the new mechanism he has put in place to incentivise private nursing home
investment and new supported living and assisted living arrangements; and the engagement he has had
with the strategic investment fund to provide loan finance for new and additional residential
options. [39643/16]13/12/2016WRS00700Minister of State at the Department of Health (Deputy Helen
McEntee):
The lead Department in relation to incentivising investment is the Department of Finance. In 2015 the
Minister for Finance announced changes to the Employment and Investment Incentive Scheme (EIIS) to
allow for investment in the extension, management and operation of nursing homes.
The Department of Housing, Planning, Community and Local Government, in conjunction with the
Department of Health is developing policy options for supported housing/housing with care so that older
people have a wider range of residential care choices available to them. Both Departments, the HSE and
Dublin City Council are currently working on developing a demonstration project to provide housing with
support for older people in line with Rebuilding Ireland Action Plan for Housing and Homelessness.
13/12/2016WRS00750Care of the Elderly Provision13/12/2016WRS00800442. Deputy Mary
Butler asked the Minister for Health when he will introduce a uniform home care service in order that all
recipients can receive a quality support. [39644/16]13/12/2016WRS00900Minister of State at the
Department of Health (Deputy Helen McEntee):
Homecare is an increasingly important part of the supports that we offer to older people, and will
continue to increase in importance into the future. In this context it is essential that we consider how
homecare services should be provided and regulated.
The Programme for Partnership Government includes commitments to increase funding for home support
services, to improve these supports, to introduce a uniform homecare service so all recipients can receive
a quality support, 7 days per week, where possible and to review the management, operation and funding
of national homehelp services.
I am committed to legislating for the financing and regulation of homecare, however I do not
underestimate the extent and the complexity of the work involved which will involve very significant
legislative, operational and financial resources. In this context additional resources are being provided to
the Older People’s Division of the Department so that this legislation can be progressed as quickly as
possible. Preparatory work has already commenced and the Health Research Board has carried out an
evidence review of the approaches to the regulation and financing of home care services in four European
countries. This review is being finalised at present.
In terms of quality assurance in the homecare sector, a significant step was taken in 2012 when the HSE
introduced a single procurement framework for external providers. This included quality standards
covering governance and accountability, personcentred care, complaints management, training and
qualifications. Providers are monitored through Service Level Agreements with the HSE and are required
to provide a range of information in relation to the services they provide. From the 1st September 2016 all
new Home Care Packages approved by the HSE will be provided by organisations that have been
approved by the HSE following a detailed tender process. The 32 approved providers appointed under
this process meet a required level of quality based on consistent national standards.
13/12/2016WRS00950Home Help Service Data13/12/2016WRS01000443. Deputy Mary Butler asked
the Minister for Health the number of home help hours provided in each local health office area for each
month in 2016 to date, in tabular form; and the way it compares against target. [39647/16]
13/12/2016WRS01100Minister of State at the Department of Health (Deputy Helen McEntee):
13/12/2016WRS01150Nursing Staff Data13/12/2016WRS01200444. Deputy Billy Kelleher asked
the Minister for Health the number of public health nurses in each local health area as of 30 November
2016; and the equivalent figures for the same date in 2014 and 2015. [39648/16]
13/12/2016WRS01300Minister for Health (Deputy Simon Harris):
13/12/2016WRS01350Services for People with Disabilities13/12/2016WRS01400445. Deputy Frank
O’Rourke asked the Minister for Health the status of an application for a residential place for a person
13/12/2016WRS01500Minister of State at the Department of Health (Deputy Finian McGrath):
As the Deputy’s question relates to an individual case, I have referred the question to the Health Service
Executive (HSE) for direct reply to the Deputy.
13/12/2016WRS01550Vaccination Programme13/12/2016WRS01600446. Deputy Mattie McGrath asked
the Minister for Health the reason for the delays in accessing the meningitis B vaccine; the reason high
risk groups have not been prioritised, leading to a situation whereby children most susceptible will now
have to purchase the vaccine; and if he will make a statement on the matter. [39657/16]
The HSE Service Plan included additional funding of €2.5 million for the expansion of the Primary
Childhood Immunisation Schedule in 2016. Two changes were made to the Primary Childhood
Immunisation Schedule which came into effect on 1 December, 2016 with the introduction of Men B and
Rotavirus for all babies born on or after 1 October, 2016. All vaccines administered through the Primary
Childhood Immunisation Schedule are provided free of charge. Ireland is the second country in Europe to
make the vaccine available free of charge as part of its national immunisation programme.
NIAC makes many recommendations in relation to “at risk groups” but not all of these are included in the
current immunisation schedule. The introduction of the vaccine to the childhood immunisation
programmes means that all children born on or after 1 October 2016, including those in “at risk groups”,
will automatically receive the vaccine. However, there are no plans at this stage to introduce a catchup
programme for older children. Those who have a medical card are eligible to have the vaccine
administered by their GP free of charge. However the purchase of the vaccine is not covered by the
medical card scheme.
13/12/2016WRS01750Mobility Allowance13/12/2016WRS01800447. Deputy Charlie
McConalogue asked the Minister for Health the status of the structure of the replacement scheme for the
motorised transport and mobility allowance; when he expects this to be finalised and announced; and if he
will make a statement on the matter. [39658/16]13/12/2016WRS01900Minister of State at the
Department of Health (Deputy Finian McGrath):
Conscious of the reports of the Ombudsman in 2011 and 2012 regarding the legal status of both the
Mobility Allowance and Motorised Transport Grant Scheme in the context of the Equal Status Acts, the
Government decided to close both schemes in February 2013. The Government is aware of the continuing
needs of people with a disability who rely on individual payments which support choice and
independence. In that regard, monthly payments of €208.50 have continued to be made by the Health
Service Executive to 4,700 people who were in receipt of the Mobility Allowance at the time the scheme
closed.
The Government decided that the detailed preparatory work required for a new Transport Support
Scheme and associated statutory provisions should be progressed by the Minister for Health. I am pleased
to inform the Deputy that the Programme for Partnership Government acknowledges the ongoing drafting
of primary legislation for a new Transport Support Scheme. I can confirm that work on the policy
proposals in this regard is at an advanced stage and I anticipate that this will be brought to Government
shortly.
The proposals seek to ensure that:
There is a firm statutory basis to the Scheme’s operation;
There is transparency and equity in the eligibility critieria attaching to the Scheme;
Resources are targeted at those with greatest needs; and
The Scheme is capable of being costed and is affordable on its introduction and on an ongoing basis.
13/12/2016WRS01950Hospital Appointments Status13/12/2016WRS02000448. Deputy Niamh
Smyth asked the Minister for Health the status of a medical appointment in respect of a person (details
supplied); and if he will make a statement on the matter. [39668/16]13/12/2016WRS02100Minister for
13/12/2016WRS02150Hospital Appointments Status13/12/2016WRS02200449. Deputy Robert
Troy asked the Minister for Health if he will schedule an operation in respect of a person (details
supplied). [39716/16]13/12/2016WRS02300Minister for Health (Deputy Simon Harris):
13/12/2016WRS02350Health Insurance Company Payments13/12/2016WRS02400450. Deputy Noel
Rock asked the Minister for Health his plans to tackle the issue of health insurance providers charging
consumers inaccurately for services, for example, a consumer paying for a private room but staying in a
public ward; and if he will make a statement on the matter. [39717/16]13/12/2016WRS02500Minister for
The Health Act 1970 provides that all persons ordinarily resident in the country are eligible, subject to
certain charges, to all inpatient public hospital services in public wards including consultant services and
outpatient public hospital services. Persons can opt to be treated privately on admission to a public
hospital, in which case they are liable for the consultants fees and hospital charges arising for that episode
of care, whether paid for by the patient or by a health insurer on their behalf.
The Health (Amendment) Act 2013 revised the charging regime in respect of private patients in public
hospitals. Previously, the cost of providing private services in public hospitals were not reflected in the
charges levied on private patients, as only a €75 statutory inpatient charge applied. The private inpatient
charge applicable now takes account of all the services which a public hospital provides, for example,
accommodation, nursing, diagnostics (such as Xrays, CT scans, MRI etc.) and other overheads and
maintenance costs. The 2013 Act makes it clear that it is not where the private service is received that
matters, but rather it is the receiving of such private services that makes patients liable for the charges and
obliges the charges to be raised.
Regarding the broader issue of charging in respect of customers for inaccurate services, it is my
understanding that health insurers issue a statement of benefit to each customer detailing the payments
made by that insurer on their behalf. If customers think that there is a mistake on their statement or that
their insurer has been charged for treatments not received, they can notify the insurer accordingly. The
insurer can then examine the individual case, on behalf of their customers, to ensure the claim details are
accurate. In this way, incidences of error or overcharging by healthcare providers can be identified, fully
investigated and rectified as appropriate.
13/12/2016WRS02550Medical Aids and Appliances Provision
13/12/2016WRS02600451. Deputy Michael HealyRae asked the Minister for Health the status of the
case of a person (details supplied) who is waiting to receive HSE equipment; and if he will make a
statement on the matter. [39720/16]13/12/2016WRS02700Minister for Health (Deputy Simon Harris):
As this is a service matter, it has been referred to the HSE for reply to the Deputy.
13/12/2016WRS02800452. Deputy Michael HealyRaeasked the Minister for Health when a person
(details supplied) will receive HSE equipment; and if he will make a statement on the matter. [39723/16]
13/12/2016WRS03000453. Deputy Michael HealyRae asked the Minister for Health when a person
13/12/2016WRS03200454. Deputy Michael HealyRae asked the Minister for Health when a person
13/12/2016WRS03350Care of the Elderly Provision13/12/2016WRS03400455. Deputy Kevin
O’Keeffe asked the Minister for Health if longterm care will be provided for a person (details supplied)
in County Cork. [39730/16]13/12/2016WRS03500Minister of State at the Department of
13/12/2016WRS03550Hospital Appointments Status13/12/2016WRS03600456. Deputy Robert
Troy asked the Minister for Health if he will expedite an appointment for hand surgery for a person
13/12/2016WRS03750Hospital Appointments Status13/12/2016WRS03800457. Deputy Michael Healy
Rae asked the Minister for Health when a cataract operation will be provided for a person (details
supplied); and if he will make a statement on the matter. [39739/16]13/12/2016WRS03900Minister for
you directly.
13/12/2016WRS03950Services for People with Disabilities13/12/2016WRS04000458. Deputy Paul
Kehoe asked the Minister for Health the plans in place to accommodate the 60 persons with an
intellectual disability currently on the waiting list for a residential place in County Wexford, 19 of whom
are deemed as priority 1 cases; and if he will make a statement on the matter. [39740/16]
The particular issue raised by the Deputy is a service matter for the Health Service Executive (HSE).
Accordingly, I have arranged for the question to be referred to the HSE for direct reply to the Deputy.
13/12/2016WRS04150Mental Health Services13/12/2016WRS04200459. Deputy Jack Chambers asked
the Minister for Health if he will address concerns raised by health staff concerning the location of a
proposed new mental health rehabilitation service (details supplied) in Dublin 15; the reason there has
been no consultation with service users or providers regarding the proposal; if any alternative locations
have been identified; and if he will make a statement on the matter. [39746/16]
13/12/2016WRS04300Minister of State at the Department of Health (Deputy Helen McEntee):
13/12/2016WRS04450Home Help Service Provision13/12/2016WRS04500461. Deputy Pat Breen asked
the Minister for Health when persons (details supplied) will be facilitated with home help hours; and if he
will make a statement on the matter. [39748/16]13/12/2016WRS04600Minister of State at the
13/12/2016WRS04650Services for People with Disabilities13/12/2016WRS04700462. Deputy Frank
O’Rourkeasked the Minister for Health the status of an application for a residential placement for a
13/12/2016WRT0010013/12/2016WRT00150Hospitals Building Programme
13/12/2016WRT00200463. Deputy David Cullinane asked the Minister for Health the status of plans to
develop a 100bed community nursing unit on the grounds of St. Patrick’s Hospital; the start time for
construction and proposed completion date; and if he will make a statement on the matter. [39755/16]
13/12/2016WRT00300Minister of State at the Department of Health (Deputy Helen McEntee):
13/12/2016WRT00350Hospital Appointments Delays13/12/2016WRT00400464. Deputy Niamh
Smyth asked the Minister for Health the reason a person (details supplied) has not received an urgent
appointment for cataract removal; if an appointment can be arranged as soon as possible; and if he will
make a statement on the matter. [39768/16]13/12/2016WRT00500Minister for Health (Deputy Simon
Harris):
you directly.
13/12/2016WRT00550Hospital Appointments Status13/12/2016WRT00600465. Deputy Bernard J.
Durkan asked the Minister for Health if he will facilitate an appointment with a dermatologist in the case
of a person (details supplied) who has been referred by their GP; and if he will make a statement on the
matter. [39769/16]13/12/2016WRT00700Minister for Health (Deputy Simon Harris):
13/12/2016WRT00750Prescriptions Charges13/12/2016WRT00800466. Deputy Róisín Shortall asked
the Minister for Health further to Parliamentary Questions Nos. 204 of 30 June 2016, 412 of 27 January
2015, 120 of 2 December 2015 and 334 of 2 February 2016, the status of the response by the Health
Service Executive to this issue; if he will request an update from the pharmacy interface project; his plans
with regard to resolving this anomaly; and if he will ensure that a final answer is issued without further
delay. [39782/16]13/12/2016WRT00900Minister for Health (Deputy Simon Harris):
13/12/2016WRT00950Hospitals Discharges13/12/2016WRT01000467. Deputy Pat Buckley asked
the Minister for Health if his attention has been drawn to instructions given to nurses to physically
remove patients from beds; the details of such instructions, if they are still in place; the rationale for these
instructions; and if he will make a statement on the matter. [39789/16]13/12/2016WRT01100Minister for
I became aware of a memo of legal advice, issued by the HSE’s legal advisors, to the National Director
for Acute Hospitals on 27 October. Immediately, my Department contacted the HSE, and the HSE
confirmed that it had been rescinded.
I have stated publicly that the memo was offensive and unacceptable and is utterly out of line with
Government policy on the care of patients and its vision for the health service. The HSE has confirmed
that the memo does not reflect the policy of the HSE. It is not in accordance with the HSE’s espoused
values of care, compassion and trust. It was written as legal advice and should never have been circulated
at hospital and staff level.
A core aim of our health service is to ensure that every person can access safe, compassionate and high
quality healthcare. With that in mind, the HSE are implementing measures under the Winter Initiative
Plan 2016/17 that are reducing delayed discharges, by increasing capacity within our Healthcare system.
The Initiative provides €40 million of additional funding to manage the expected winter surge in demand
for hospital care.
Under the Winter Initiative to date, over 3,343 patients have availed of aids and appliances, enabling
them to be discharged from hospital sooner. Over 475 additional home care packages have been made
available, and over 251 additional transitional care beds have been approved. In addition, 18 stepdown
beds, and 10 acute beds have been opened to date. Community Intervention Teams, as a whole, have
received almost 25,000 referrals by end November, with 262 additional referrals enabled by the Winter
Initiative.
The HSE are on target to meet the target of less than 500 delayed discharges by 1 January 2017. Delayed
discharges are currently at 553 as of 6 December 2016. In order to maintain a tight focus on
implementation, I am meeting the HSE on a weekly basis to monitor progress on the Initiative.
13/12/2016WRT01150Medicinal Products Licensing13/12/2016WRT01200468. Deputy Pat
Buckley asked the Minister for Health the position regarding the licensing of the drug naltrexone; and
when it will be available on the GMS scheme to a person (details supplied) [39790/16]
13/12/2016WRT01300Minister for Health (Deputy Simon Harris):
The HSE has statutory responsibility for decisions on pricing and reimbursement of medicines under the
community drug schemes, in accordance with the provisions of the Health (Pricing and Supply of
Medical Goods) Act 2013; therefore, the matter has been referred to the HSE for reply to the Deputy.
13/12/2016WRT01350Medicinal Products Reimbursement13/12/2016WRT01400469. Deputy Pat
Buckley asked the Minister for Health his plans to provide funding for alpha1 patients to receive
treatment with Respreeza or Zemaira; if he will reimburse those that have already started treatment; and if
he will make a statement on the matter. [39791/16]13/12/2016WRT01500516. Deputy Brendan
Griffin asked the Minister for Health his views on a matter (details supplied) regarding the drug
Respreeza; and if he will make a statement on the matter. [40043/16]
13/12/2016WRT01600530. Deputy Mattie McGrath asked the Minister for Health if he will support
urgent funding for the Respreeza or Zemaira drug for alpha1 patients; and if he will make a statement on
the matter. [40094/16]13/12/2016WRT01700533. Deputy Alan Kelly asked the Minister for Health the
status of the situation with the Respreeza drug; and if he will deal with this urgent situation immediately
I propose to take Questions Nos. 469, 516, 530 and 533 together.
community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act
2013.
In reaching its decision, the HSE examines all the evidence which may be relevant in its view for the
decision (including the information /dossier submitted by the Company) and will take into account such
expert opinions and recommendations which may have been sought by the HSE at its sole discretion (for
example, from the National Centre for Pharmacoeconomics).
In considering an application, the HSE will also have regard to Part 1 and Part 3 of Schedule 3 of the
2013 Act. Part 3 requires the HSE to have regard to the following criteria:
1. the health needs of the public;
2. the costeffectiveness of meeting health needs by supplying the item concerned rather than providing
other health services;
3. the availability and suitability of items for supply or reimbursement;
4. the proposed costs, benefits and risks of the item or listed item relative to therapeutically similar items
or listed items provided in other health service settings and the level of certainty in relation to the
evidence of those costs, benefits and risks;
5. the potential or actual budget impact of the item or listed item;
6. the clinical need for the item or listed item;
7. the appropriate level of clinical supervision required in relation to the item to ensure patient safety;
8. the efficacy (performance in trial), effectiveness (performance in real situations) and added therapeutic
benefit against existing standards of treatment (how much better it treats a condition than existing
therapies); and
9. the resources available to the HSE.
I am informed that the HSE received a request and economic dossier from the manufacturer of Respreeza
for maintenance treatment of emphysema in adults with documented severe alphaproteinase inhibitor
deficiency.
In June of this year the HSE asked the NCPE to carry out a health technology assessment on the cost
effectiveness of this treatment. The NCPE completed its assessment and made a recommendation on 9
December 2016. The NCPE determined that the manufacturer failed to demonstrate costeffectiveness of
the drug and did not recommend it for reimbursement.
A summary of the health technology assessment has been published on the NCPE website and is available
at: www.ncpe.ie/wpcontent/uploads/2016/02/NCPEwebsitesummary_Final.pdf .
The HSE will consider the NCPE assessment, and other expert advice, as part of its decisionmaking
process for reimbursement. This decision will be made on objective, scientific and economic grounds by
the HSE in line with the 2013 Act.
I understand that the NCPE is arranging to meet the patient representative group, the Alpha One
Foundation, as soon as possible to provide them with an update in relation to the recommendation of the
NCPE.
In relation to compassionate access schemes, I have previously asked manufacturers to show compassion
and to maintain access compassionate access schemes for patients during the assessment process by the
HSE and this remains the position. However, the operation of these schemes is at the discretion of
manufacturers. My Department has asked the NCPE to contact the company to seek clarification for those
patients currently receiving this drug.
13/12/2016WRT01850Hospital Appointments Status13/12/2016WRT01900470. Deputy John
McGuinness asked the Minister for Health if an early appointment for an assessment at the orthopaedic
department of Waterford regional hospital will be arranged for a person (details supplied); and if he will
make a statement on the matter. [39843/16]13/12/2016WRT02000Minister for Health (Deputy Simon
Harris):
appointment, he or she should take the matter up with the consultant and the hospital involved . In
relation to the specific case raised, I have asked the HSE to respond to you directly.
13/12/2016WRT02050Services for People with Disabilities13/12/2016WRT02100471. Deputy Michael
Harty asked the Minister for Health if he will expedite a response for a person (details supplied) in
County Clare; and if he will make a statement on the matter. [39850/16]13/12/2016WRT02200Minister
of State at the Department of Health (Deputy Finian McGrath):
13/12/2016WRT02250Hospital Equipment13/12/2016WRT02300472. Deputy Éamon Ó Cuív asked
the Minister for Health the progress made to date with preparing and evaluating the business plan for a
second MRI scanner at Galway University Hospital; when it is expected to provide this necessary
resource; and if he will make a statement on the matter. [39856/16]13/12/2016WRT02400Minister for
you directly.
13/12/2016WRT02450Departmental Legal Cases13/12/2016WRT02500473. Deputy Peadar Tóibín asked
the Minister for Health if his Department has been involved in any court proceedings that involved non
disclosure agreements in the past five years; and if so, if the specific court ruling prevented knowledge of
the court proceeding being known and knowledge of the participants to the court proceeding from being
made known for each of these agreements. [39869/16]13/12/2016WRT02600Minister for
To the best of my knowledge I am not aware of any court proceedings that involved nondisclosure
agreements.
The State Claims Agency, within the National Treasury Management Agency, which is under the aegis of
the Department of Finance, manages personal injury, property damage and clinical negligence claims
brought against certain State authorities, including Government ministers and health enterprises. The vast
majority of claims under the remit of the State Claims Agency are resolved without confidentiality/non
disclosure agreements attaching. Confidentiality/non disclosure agreements typically apply to claims in
respect of minors or claims associated with abuse or specific medical negligence issues. The agreements,
where entered into at the behest of either party, preclude the disclosure of settlement details by either
party.
13/12/2016WRT02650Services for People with Disabilities13/12/2016WRT02700474. Deputy Barry
Cowen asked the Minister for Health when a person (details supplied) can expect an appointment for
learning supports from the early intervention unit, Riverside, Tullamore, County Offaly. [39890/16]
13/12/2016WRT02800Minister of State at the Department of Health (Deputy Finian McGrath):
Health Service Executive (HSE) for direct reply to the Deputy.
13/12/2016WRT02850Medicinal Products Availability13/12/2016WRT02900475. Deputy Catherine
Murphy asked the Minister for Health the process in respect of prescribing and dispensing Ritalin; the
duration of usual prescriptions; the restrictions there are on pharmacists dispensing numbers of individual
Ritalin doses; if this varies by region in respect of dispensing or prescribing; and if he will make a
statement on the matter. [39894/16]13/12/2016WRT03000Minister for Health (Deputy Simon Harris):
Ritalin contains the active ingredient methylphenidate hydrochloride. Methylphenidate is indicated as a
part of a comprehensive treatment programme for attention deficit hyperactivity disorder (ADHD) in
children aged 6 years and over when remedial measures alone prove insufficient. Treatment must be
under the supervision of a specialist in childhood and/or adolescent behavioural disorders.
Under the Misuse of Drugs Acts 1977, as amended, methylphenidate is a schedule 2 controlled drug and
as such can only be supplied on foot of an original valid prescription which must be physically presented
to and reviewed by the pharmacist prior to dispensing to the patient. The prescription must be signed and
dated by the prescriber. The prescriber must be a registered practitioner with an address within the State.
The prescription must specify, in the prescribers own handwriting: full name and address of the person
for whom the prescription is issued; form and strength, where appropriate, of the preparation;
amount/total quantity prescribed in words and figures and the dose to be taken. Methylphenidate
prescriptions must also contain the name, address and telephone of the practitioner and detail the type of
practitioner.
A prescription for a methylphenidate is valid for 14 days from the date of issue indicated on the
prescription. Repeat prescriptions are not permitted. However, prescriptions may be prescribed and
dispensed in instalments, if the practitioner specifies the amount of the instalment and the intervals at
which the instalments is to be dispensed. The first instalment must be dispensed within 14 days and no
instalment may be supplied later than two months after the date specified on the prescription. A
pharmacist supplying a controlled drug must be satisfied as to the identity of the patient and the signature
of the practitioner. Dispensed medication may only be supplied to the patient or to a bona fide
representative of the patient.
All prescriptions for Ritalin are required to comply with the legislative requirements outlined above.
13/12/2016WRT03050Hospital Facilities13/12/2016WRT03100476. Deputy Maurice Quinlivan asked
the Minister for Health when the new emergency department proposed for University Hospital Limerick
is scheduled to be opened [39895/16]13/12/2016WRT03200Minister for Health (Deputy Simon Harris):
As this is a service matter, I have asked the HSE to respond to you directly.
13/12/2016WRT03250Mental Health Services Staff13/12/2016WRT03300477. Deputy Catherine
Murphy asked the Minister for Health the number of staff members and the grades at which they are
employed to provide services in respect of child and adolescent mental health services per region in
tabular form; and if he will make a statement on the matter. [39897/16]13/12/2016WRT03400Minister of
State at the Department of Health (Deputy Helen McEntee):
Detailed information in respect of HSE mental health services is published on a regular basis by the
Executive. The most relevant Report in this regard would be “Delivering Specialist Mental Health
Services 201415”, which was produced by the HSE Mental Health Division, and is available on the HSE
website at www.hse.ie/eng/services/publications/.
While this report indicates data such as staffing levels for community based CAMHS Teams versus those
recommended in A Vision for Change , along with other comprehensive staffing details for community or
inpatient units, this is broken down by CAMHS grades rather than by region. The report also includes
significant information, by each CHO area, relating to CAMHS such as catchment populations, referrals,
attendances, waiting lists, inpatient statistics, etc. Detailed information in respect of Mental Health
staffing numbers is also available in the monthly Performance Reports, also published on the HSE
website, but this is in respect of Whole Time Equivalent figures overall for the care programme, rather
than CAMHS specific.
Separate to the above, the HSE collate information on staffing in CAMHS Community Teams according
to Community Health Organisation. The latest available figures are for September last, as outlined as
follows:
CHO Consultant Psychiatrist Senior Registrar Registrar/SHO Nurse Social Worker Clinical
Psychologist Speech & Language Therapist Occupational Therapist Other Staff Other
Therapist Child/Social Care Worker Non Nursing Administrative Support
Staff Total 1 4.85 0.00 5.00 13.35 7.90 6.00 3.80 5.90 0.00 0.00 4.70 0.00 8.60 60.10 2 5.90 2.00 9.00 9.10
8.80 5.60 5.00 4.90 0.00 2.40 5.64 0.00 10.5068.84 3 5.80 0.00 5.00 11.00 8.80 7.40 3.00 3.00 0.00 0.00 3.
00 0.00 7.00 54.00 4 6.89 1.10 7.49 7.71 12.77 11.32 6.45 7.19 1.50 0.00 6.89 0.00 10.99 80.30 5 6.00 0.0
0 3.70 8.80 5.90 4.207.80 3.00 1.50 0.45 2.80 1.00 7.45 52.60 6 6.54 1.42 4.60 12.00 6.80 6.92 8.60 4.50 0
.00 0.00 2.00 0.00 12.10 65.48 7 7.10 1.50 6.00 9.10 5.30 3.12 5.60 4.20 0.00 0.20 6.50 0.00 8.00 56.628 1
0.80 4.00 12.00 23.70 11.14 9.60 3.45 6.60 0.00 3.60 7.00 0.00 12.38 104.27 9 10.00 1.00 10.60 8.30 8.00
12.30 8.30 6.40 0.20 0.20 0.00 0.00 7.20 72.50 10 63.88 11.02 63.39 103.0675.41 66.46 52.00 45.69 3.20
6.85 38.53 1.00 84.22 614.71
The HSE indicate the Whole Time Equivalent (WTE) figures above remain to be finalised in respect of
four Community Health Organisation areas, but the Executive estimates that this would relate to an
additional 4 WTE’s in CHO 4; 11 in CHO 5; 8 in CHO 7; and 10 in CHO 9. Therefore, the total WTE
figure for HSE CAMHS staff nationally would be in the region of 648 posts (i.e. 615 plus 33).
13/12/2016WRT03450Mental Health Services Provision13/12/2016WRT03500478. Deputy Catherine
Murphy asked the Minister for Health his plans to increase the resources allocated to the child and
adolescent mental health services; the improvements he has planned to increase capacity per region, in
tabular form; and if he will make a statement on the matter. [39898/16]13/12/2016WRT03600Minister of
State at the Department of Health (Deputy Helen McEntee):
Budget 2017 provided significant additional funding for mental health, which means that the HSE
funding for this key care programme will increase from around €826 million in 2016 to €851 million next
year. New service initiatives on Child and Adolescent Mental Health services are being progressed in the
context of finalising both the overall HSE Service Plan 2017 and the more detailed regional Operational
Plan for Mental Health. These will be published by the HSE in the near future.
The agreed 2016 mental health development priorities cover improvement of counselling services;
enhanced Community Mental Health teams; improved 7/7 response and Liaison Services; and Perinatal
Mental Health. We have introduced also two new mental health clinical programmes ADHD in Adults
and Children, and Dual Diagnosis of those with Mental Illness and Substance Misuse. Priorities to be
addressed in the new HSE Service Plan include Positive Mental Health and Early Intervention
enhancements for youth mental health; improvements to Child & Adolescent communitybased services;
developing the Eating Disorders Clinical Programme for young people, and expanded CAMHS forensic
mental health care. There will be continued enhancement of OutofHours responses, and development of
Primary Care counselling services for those under age 18. In addition, the HSE will continue to develop
the existing 10 Jigsaw sites, and the development of new sites in Dublin, Cork and Limerick.
These initiatives are all relevant to supporting the wider objectives of the National Taskforce on Youth
Mental Health. Development of service user and carer engagement at CHO level, including that relating
to young people, and the Advancing Recovery Ireland programme with recruitment of peer support
workers, is also being provided for over 2017.
13/12/2016WRT03650Mental Health Services Funding13/12/2016WRT03700479. Deputy Catherine
Murphy asked the Minister for Health his plans to increase the resources allocated to the child and
adolescent mental health services in County Kildare, in view of the fact there is no child psychologist in
situ and referrals are only able to go through the service; the improvements he has strategically planned to
increase capacity in the county; and if he will make a statement on the matter. [39899/16]
13/12/2016WRT03850Hospital Accommodation Provision13/12/2016WRT03900480. Deputy Fergus
O’Dowd asked the Minister for Health the status of the proposed new 100 bed unit at the St Mary’s site,
Dublin Road, Drogheda; and if he will make a statement on the matter. [39900/16]
13/12/2016WRT04050Primary Care Centres Provision13/12/2016WRT04100481. Deputy Fergus
O’Dowd asked the Minister for Health the status of the proposed primary care centre in Bettystown and
Laytown, County Meath; and if he will make a statement on the matter. [39905/16]
As this question relates to service matters, I have arranged for the question to be referred to the Health
Service Executive (HSE) for direct reply.
13/12/2016WRT04250Primary Care Centres Provision13/12/2016WRT04300482. Deputy Fergus
O’Dowd asked the Minister for Health the status of the proposed primary care centre for Drogheda,
County Louth; and if he will make a statement on the matter. [39906/16]13/12/2016WRT04400Minister
13/12/2016WRT04450Health Services13/12/2016WRT04500483. Deputy Michael HealyRae asked
the Minister for Health his views on the loco parentis 30minute rule; and if he will make a statement on
the matter. [39909/16]13/12/2016WRT04600Minister for Health (Deputy Simon Harris):
13/12/2016WRT04650Hospital Services13/12/2016WRT04700484. Deputy Mattie McGrath asked
the Minister for Health the status of the future of Our Lady’s Hospital, Cashel, specifically, reports from
the southern health forum that it will never be used to facilitate stepdown bed facilities; and if he will
make a statement on the matter. [39912/16]13/12/2016WRT04800Minister of State at the Department of
13/12/2016WRT04850Hospital Equipment13/12/2016WRT04900485. Deputy Pearse Doherty asked
the Minister for Health if an application has been made by a hospital (details supplied) in County Donegal
for an xray imagining machine; if so, if this application is currently under consideration; when it is
anticipated that a decision will be made in respect of same; and if he will make a statement on the
matter. [39913/16]13/12/2016WRT05000Minister of State at the Department of Health (Deputy Helen
McEntee):
13/12/2016WRT05050Hospital Services13/12/2016WRT05100486. Deputy Pearse Doherty asked
the Minister for Health the status of the reinstatement of gynaecology services at Dungloe Community
Hospital; when it is expected that services will resume for patients; and if he will make a statement on the
matter. [39914/16]13/12/2016WRT05200Minister for Health (Deputy Simon Harris):
In relation to this particular query, as this is a service matter, I have asked the HSE to respond to you
directly.
13/12/2016WRU0005013/12/2016WRU00100Hospital Appointments Administration
13/12/2016WRU00200487. Deputy Kevin O’Keeffe asked the Minister for Health if he will arrange an
urgent appointment for a person (details supplied) in County Cork. [39945/16]
13/12/2016WRU00300Minister for Health (Deputy Simon Harris):
13/12/2016WRU00400Ministerial Meetings13/12/2016WRU00500488. Deputy Louise O’Reilly asked
the Minister for Health if he will report on the outcome of the roundtable meeting of European ministers
for health and pharmaceutical companies in Lisbon on 7 December 2016; the main outcomes and action
points of the meeting; if any bilateral or followup meetings were arranged arising from this; and if he
will make a statement on the matter. [39951/16]13/12/2016WRU00600Minister for
I participated in the second Round Table meeting for European Health Ministers and CEOs/Heads of
Europebased pharmaceutical companies, coorganised by Portugal and the Netherlands, in Lisbon on 7th
December 2016. This meeting afforded me a very good opportunity to engage with Ministers from other
member states on the key issues of access to and affordability of new and innovative medicines and to
discuss further the potential for collaboration between Ireland and other member states.
I took the opportunity to raise directly the situation of Orkambi, and the manner in which the company
was treating patients and their families in Ireland. I also spoke on the margin of the meeting with the
Dutch Health Minister regarding Orkambi and the potential for collaboration at official level between
Ireland, the Netherlands and others in relation to the reimbursement of medicines.
13/12/2016WRU00700Blood Donations13/12/2016WRU00800489. Deputy Catherine Connolly asked
the Minister for Health when the amended policy regarding deferral of blood donations by men who have
sex with men will be implemented; and if he will make a statement on the matter. [39960/16]
13/12/2016WRU00900490. Deputy Catherine Connolly asked the Minister for Health if he will review
the requirement for a 12month deferral period for blood donation by men who have sex with men in
view of the fact that there is no such deferral period in other jurisdictions such as Italy, Poland, Spain,
Portugal, Ukraine, Russia, South Africa, Latvia, Bulgaria, Mexico and Peru; and if he will make a
statement on the matter. [39961/16]13/12/2016WRU01000491. Deputy Catherine Connolly asked
the Minister for Health his plans to extend an equal 12month blanket deferral policy for sexually active
heterosexual blood donors in view of the rapid rise in HIV diagnoses in this population and the possibility
of HIV infection of heterosexual blood donors; and if he will make a statement on the matter. [39962/16]
At present the Irish Blood Transfusion Service (IBTS) imposes a lifelong ban on men who have sex with
men (MSM) from donating blood.
In June of this year, I accepted a recommendation from the IBTS that (a) the deferral policy for men who
have sex with men (MSM) from donating blood should be reduced to a period of one year following their
last sexual encounter with a man and (b) all donors who have had a sexually transmitted infection (STI)
should be deferred from donating blood for a period of at least five years from that infection. A similar
one year deferral policy has been adopted by the UK, US, Canada, Finland, New Zealand, the
Netherlands, France and Australia. This change will come into effect before the end of January 2017.
The IBTS will continue to keep all deferral policies under active review in the light of scientific evidence,
emerging infections and international experience.
13/12/2016WRU01200LongTerm Illness Scheme Administration
13/12/2016WRU01300492. Deputy Kevin O’Keeffe asked the Minister for Health if in the case of person
(details supplied) he will consider including specific food items under the longterm illness
card. [39964/16]13/12/2016WRU01400Minister for Health (Deputy Simon Harris):
The HSE has statutory responsibility for decisions on pricing and reimbursement of medicinal products
13/12/2016WRU01500Mental Health Services Data13/12/2016WRU01600493. Deputy Thomas P.
Broughan asked the Minister for Health the number waiting for a child and adolescent mental health
service appointment in community care area, CCA, 9; the numbers waiting between three and six months,
six and 12 months, and more than 12 months; and if he will make a statement on the matter. [39965/16]
13/12/2016WRU01700Minister of State at the Department of Health (Deputy Helen McEntee):
13/12/2016WRU01800Hospital Appointments Administration13/12/2016WRU01900494. Deputy Robert
Troy asked the Minister for Health if he will expedite an appointment for cataract surgery for a person
Under the Health Act, 2004, the Health Service Executive (HSE) is required to manage and deliver, or
Governance Act, 2013, bars the Minister for Health from directing the HSE to provide a treatment or a
you directly.
13/12/2016WRU02100Disability Support Services Provision13/12/2016WRU02200495. Deputy Carol
Nolan asked the Minister for Health if he will arrange for the HSE and relevant personnel from
RehabCare to meet with persons (details supplied) in respect of the immediate reinstatement of support
services for their child; and if he will make a statement on the matter. [39982/16]
13/12/2016WRU02300496. Deputy Carol Nolan asked the Minister for Health if he will instruct the HSE
and RehabCare to reinstate support services for a person (details supplied); and if he will make a
statement on the matter. [39983/16]13/12/2016WRU02400503. Deputy Carol Nolan asked the Minister
for Health if he will instruct the Director General of the HSE to meet with persons (details supplied) to
discuss issues relating to the supports for their child; and if he will make a statement on the
matter. [39998/16]13/12/2016WRU02500Minister of State at the Department of Health (Deputy Finian
McGrath):
Health Service Executive (HSE) for direct reply to the Deputy.
13/12/2016WRU02600Health Services Staff Recruitment13/12/2016WRU02700497. Deputy Peter
Burke asked the Minister for Health the status of the national supplementary recruitment campaign for
physiotherapists, staff grade; if the HSE is recruiting from the panels formed from this campaign or if it
intends to recruit in the near future for positions in counties Kerry, Cork, Limerick, Waterford, Tipperary,
Clare and Galway; and if he will make a statement on the matter. [39984/16]
13/12/2016WRU02900Hospital Appointments Status13/12/2016WRU03000498. Deputy Barry
Cowen asked the Minister for Health the status of the case of a person (details supplied) including when
the person can expect an appointment. [39987/16]13/12/2016WRU03100Minister for
13/12/2016WRU03200Mental Health Services Staff13/12/2016WRU03300499. Deputy Thomas
Pringle asked the Minister for Health the status of the appointment of a clinical psychologist as part of the
CAMHS team in Donegal town; the number of CAMHS staff currently employed in County Donegal;
and if he will make a statement on the matter. [39989/16]13/12/2016WRU03400Minister of State at the
13/12/2016WRU03500Mental Health Services Expenditure13/12/2016WRU03600500. Deputy Thomas
Pringle asked the Minister for Health the expenditure on mental health services in each county in 2015
and 2016 to date, in tabular form; and if he will make a statement on the matter. [39990/16]
13/12/2016WRU03700Minister of State at the Department of Health (Deputy Helen McEntee):
13/12/2016WRU03800Mental Health Services Staff13/12/2016WRU03900501. Deputy John
McGuinness asked the Minister for Health the reason there has not been a consultant psychologist or
psychologist in west Kilkenny for over two years; and if he will make a statement on the
matter. [39992/16]13/12/2016WRU04000Minister of State at the Department of Health (Deputy Helen
McEntee):
13/12/2016WRU04100Medical Aids and Appliances Provision
13/12/2016WRU04200502. Deputy Brendan Griffin asked the Minister for Health if a sleep apnea
machine will be provided for a person (details supplied) in County Kerry; and if he will make a statement
on the matter. [39997/16]13/12/2016WRU04300Minister for Health (Deputy Simon Harris):
13/12/2016WRU04500Hospital Waiting Lists13/12/2016WRU04600504. Deputy Brendan Howlin asked
the Minister for Health if his attention has been drawn to the fact that persons prioritised as urgent on the
outpatient list for urology services at University Hospital Waterford have been informed that they can
expect to be seen within four years (details supplied); his views on whether this waiting time is
appropriate; and if he will make a statement on the matter. [39999/16]13/12/2016WRU04700Minister for
13/12/2016WRU04800Patient Transport Provision13/12/2016WRU04900505. Deputy Michael
Fitzmaurice asked the Minister for Health if the HSE pays for taxi and hackney transfers for persons from
their homes or from nursing homes to hospital or clinic appointments; and if he will make a statement on
the matter. [40000/16]13/12/2016WRU05000Minister for Health (Deputy Simon Harris):
Fitzmaurice asked the Minister for Health the exact circumstances under which the HSE will pay for a
taxi or hackney for a person in order for the person to attend an appointment; and if he will make a
statement on the matter. [40001/16]13/12/2016WRU05300Minister for Health (Deputy Simon Harris):
Fitzmaurice asked the Minister for Health the types of appointments in respect of which the HSE will pay
for taxi and hackney transfers to and from hospital for persons; and if he will make a statement on the
matter. [40002/16]13/12/2016WRU05600Minister for Health (Deputy Simon Harris):
13/12/2016WRU05700Patient Transport Expenditure13/12/2016WRU05800508. Deputy Michael
Fitzmaurice asked the Minister for Health the cost to the HSE in providing taxi and hackney transfers for
persons to dialysis appointments; the number of round trips paid for by the HSE for dialysis
appointments; and if he will make a statement on the matter. [40003/16]13/12/2016WRU05900Minister
13/12/2016WRU06000Hospitals Data13/12/2016WRU06100509. Deputy Michael Fitzmaurice asked
the Minister for Health the cost to the HSE for procedures which at short notice, that is, under 24 hours,
were cancelled due to a bed not being available for the incoming persons requiring the procedure; and if
he will make a statement on the matter. [40004/16]13/12/2016WRU06200Minister for
you directly.
13/12/2016WRU06300Hospitals Data13/12/2016WRU06400510. Deputy Michael Fitzmaurice asked
the Minister for Health the exact number of procedures which have been cancelled by the HSE with less
than 24 hours’ notice being given to persons for which the reason for the cancellation was that there was
no bed available to accommodate the persons; and if he will make a statement on the matter. [40005/16]
you directly.
13/12/2016WRV0010013/12/2016WRV00200Accident and Emergency Departments
13/12/2016WRV00300511. Deputy Brian Stanley asked the Minister for Health the timeframe for his
Department to complete its consideration of the plan it has received again on the future of services at
Portlaoise Hospital. [40024/16]13/12/2016WRV00400512. Deputy Brian Stanley asked the Minister for
Health the details of the Government policy regarding the continuation of emergency department services
at Portlaoise Hospital; his views on the matter in the context of under capacity in the system across the
State; and if he will make a statement on the matter. [40025/16]13/12/2016WRV00500Minister for
My Department and the HSE are committed to securing and developing the role of Portlaoise Hospital
within the Dublin Midlands Hospital Group.
The most important issue in relation to any changes at Portlaoise Hospital is that patient safety and good
quality outcomes must come first. Reports on Portlaoise Hospital in recent years point to the need for
reconfiguration of some services to ensure that patients are treated in the most appropriate setting by
specialist staff that can safely meet their needs.
The Group has been working for some time on a draft plan for a new model of clinical service delivery at
Portlaoise Hospital which takes account of the need to develop services at Portlaoise in the context of
developing the model of service provision for the entire Hospital Group.
The HSE has now submitted the draft plan to my Department and it will now be reviewed in detail by the
Department. Any changes to services at Portlaoise, once approved, will be undertaken in a planned and
orderly manner and will take account of existing patient flows and demands in other hospitals and the
need to develop particular services at Portlaoise in the context of overall service configuration in the
Dublin Midlands Group.
13/12/2016WRV00600Orthodontic Services Waiting Lists13/12/2016WRV00700513. Deputy Ruth
Coppinger asked the Minister for Health the measures he is taking to reduce the waiting time for
specialist orthodontists which is currently over four years (details supplied); and if he will make a
statement on the matter. [40031/16]13/12/2016WRV00800Minister for Health (Deputy Simon Harris):
As this is a service matter it has been referred to the HSE for reply to the Deputy.
13/12/2016WRV00900Hospital Beds Data13/12/2016WRV01000514. Deputy Sean Fleming asked
the Minister for Health if his Department told the Committee on the Future of Healthcare that based on
current tender returns and space standards, the construction costs of a replacement hospital bed is in the
region of €325,000 not including equipping costs, and that annual ongoing revenue costs of operating an
additional hospital bed run to €78,000 per year; and if so, if the information provided by the HSE in
response to Parliamentary Question No. 425 of 17 December 2015 is accurate in view of his
Department’s submission. [40033/16]13/12/2016WRV01100Minister for Health (Deputy Simon Harris):
The submission to the Dáil Committee for the Future of Healthcare quoted €325,000 for the capital cost
of a bed, and €78,000 for running costs. The figure of €325,000 is based on the capital costs of building
new ward space to accommodate an additional bed, and does not include additional equipping costs, or
the costs of providing the necessary associated hospital infrastructure (theatres, laboratories etc.) that
would be required to service large expansions in bed capacity.
In the context of a larger expansion of hospital bed capacity, the HSE estimate that the total costs of the
development of a bed could be around €1 million per bed.
Similarly, the figure of €78,000 annual running costs (€500 per week) provided to the Dáil Committee for
the Future of Healthcare is derived from estimates for the provision of additional beds within existing
infrastructure, and not those associated with any substantial expansion of facilities and staffing. In the
context of a major expansion of bed capacity, the HSE estimate that the running cost of a bed would be in
the region of €839 per day, giving a total annual cost per bed of €306,000.
The figures quoted in the submission to the Committee for the Future of Healthcare, and the information
provided by the HSE in response to Parliamentary Question No. 425 of 17 December 2015, apply in
different circumstances.
All costings above are subject to very significant caveats, as considerations such as the bed type (e.g.
intensive care, coronary care, high dependency, and general ward), specialty usage (e.g. orthopaedics,
neurosurgery, general medicine) and current location, infrastructure and layout of individual hospital
sites, all of which impact on the prospective costs of bed capacity provision.
13/12/2016WRV01200Drugs Payment Scheme Coverage13/12/2016WRV01300515. Deputy Jan
O’Sullivanasked the Minister for Health if negotiations are to commence between a company (details
supplied) and the HSE on 15 December 2016; and if he will make a statement on the matter. [40040/16]
13/12/2016WRV01400Minister for Health (Deputy Simon Harris):
community drugs schemes, in accordance with the Health (Pricing and Supply of Medical Goods) Act
2013.
In line with the 2013 Act, if a company would like a medicine to be reimbursed by the HSE pursuant to
the community drug schemes or as a hospital medicine, the company must first submit an application to
the HSE to have the new medicine added to the reimbursement list or to be priced as a hospital medicine.
The company must submit a separate application to extend a treatment to a new cohort of patients. Each
application is considered separately on its merits and in line with the 2013 Act.
In reaching its decision, the HSE examines all the evidence which may be relevant in its view for the
decision (including the information /dossier submitted by the company) and will take into account such
expert opinions and recommendations which may have been sought by the HSE at its sole discretion (for
example, from the National Centre for Pharmacoeconomics).
In considering an application, the HSE will also have regard to Part 1 and Part 3 of Schedule 3 of the
2013 Act. Part 3 requires the HSE to have regard to the following criteria:
1. the health needs of the public;
2. the costeffectiveness of meeting health needs by supplying the item concerned rather than providing
other health services;
3. the availability and suitability of items for supply or reimbursement;
4. the proposed costs, benefits and risks of the item or listed item relative to therapeutically similar items
or listed items provided in other health service settings and the level of certainty in relation to the
evidence of those costs, benefits and risks;
5. the potential or actual budget impact of the item or listed item;
6. the clinical need for the item or listed item;
7. the appropriate level of clinical supervision required in relation to the item to ensure patient safety;
8. the efficacy (performance in trial), effectiveness (performance in real situations) and added therapeutic
benefit against existing standards of treatment (how much better it treats a condition than existing
therapies); and
9. the resources available to the HSE.
I am informed that the HSE received a request and economic dossier from the manufacturer of Ivacaftor,
brand name Kalydeco, for the treatment of cystic fibrosis patients aged 2 years and older and weighing
less than 25 kg. In March of this year, the HSE asked the NCPE to carry out a health technology
assessment of the applicant’s economic dossier on the cost effectiveness of this treatment.
The NCPE completed its assessment and made a recommendation in October 2016. The NCPE
determined that the manufacturer failed to demonstrate costeffectiveness of the drug for its intended
cohort of patients and did not recommend that it should be reimbursed for this indication at the submitted
price. In the economic dossier submitted to the NCPE, the manufacturer estimates that there are 18
patients who may be eligible for early Ivacaftor treatment.
A summary of the health technology assessment has been published on the NCPE website and is available
at: www.ncpe.ie/wpcontent/uploads/2015/12/Ivacaftor25yearswebsummary.pdf.
As the HSE is responsible for negotiations with manufacturers, I have asked it to reply to the Deputy
directly in relation to the status of negotiations with the manufacturer.
I understand how patients and their families must feel in these circumstances, as they await the decisions
by the HSE in relation to reimbursement. However as with all new drugs developed, the HSE must follow
a statutory process, as set out in the 2013 Act.
13/12/2016WRV01600Hospital Consultant Recruitment13/12/2016WRV01700517. Deputy Paul
Murphy asked the Minister for Health the plans in place to provide a consultant to deal with chronic
fatigue syndrome; if plans are in place to open a HSE clinic or unit specialising in the illness; and if he
will make a statement on the matter. [40044/16]13/12/2016WRV01800Minister of State at the
Department of Health (Deputy Marcella Corcoran Kennedy):
13/12/2016WRV01900Medicinal Products Licensing13/12/2016WRV02000518. Deputy Peter
Burke asked the Minister for Health if he will address a matter (details supplied) regarding a drug that
treats ME; and if he will make a statement on the matter. [40050/16]13/12/2016WRV02100Minister for
Rintatolimod (brand name Ampligen) is an experimental drug in development for the treatment of a
variety of chronic diseases and viral disorders, including Chronic Fatigue Syndrome or Myalgic
Encephalomyelitis (ME).
The drug has not been authorised by the European Medicines Agency for the treatment of ME in the
European Union. If the drug should receive marketing authorisation in Ireland, it would then be open to
the marketing authorisation holder to make the drug available for prescribing, and to apply to the HSE to
have the product reimbursed under the State drugs schemes.
I understand that the U.S. Food and Drug Administration (FDA) has declined to approve rintatolimod for
use in the U.S., despite conducting several reviews of the drug over the last decade.
13/12/2016WRV02300Primary Care Centres Provision13/12/2016WRV02400520. Deputy Éamon Ó
Cuív asked the Minister for Health the proposals in place to replace the substandard health centre on
Inishbofin Island with a suitable purposebuilt building; the reason for the inordinate delay with this
project; and if he will make a statement on the matter. [40079/16]13/12/2016WRV02500Minister for
13/12/2016WRV02600Health Services Staff Training13/12/2016WRV02700521. Deputy Éamon Ó
Cuív asked the Minister for Health the details of his discussions with the Minister for Education and
Skills to ensure that the shortage of persons with QQI level 5 qualifications in health care support is
overcome in view of the shortage of care assistants available to public and private home care and other
health care providers; the results of such discussion; and if he will make a statement on the
matter. [40080/16]13/12/2016WRV02800Minister for Health (Deputy Simon Harris):
In November 2016, a working group, with an independent chair, was established by the HSE to conduct a
comprehensive review of the role and function of the Health Care Assistant in the health service. It is
expected that the work of the group will include a consideration of the educational qualification
requirements for the role. The group will engage, as appropriate, with relevant bodies during the course of
its work.
13/12/2016WRV02900Protected Disclosures13/12/2016WRV03000522. Deputy Donnchadh Ó
Laoghaire asked the Minister for Health his views on reports of significant risks being caused by failure
of infection controls at University Hospital Limerick; and if he will make a statement on the
matter. [40086/16]13/12/2016WRV03100523. Deputy Donnchadh Ó Laoghaire asked the Minister for
Health if he has received a protected disclosure regarding risks of infection controls at University
Hospital Limerick; and the action he has taken in this regard. [40087/16]
13/12/2016WRV03200524. Deputy Donnchadh Ó Laoghaire asked the Minister for Health if the person
who has made the protected disclosure to him regarding University Hospital Limerick has returned to
work at the hospital. [40088/16]13/12/2016WRV03300525. Deputy Donnchadh Ó Laoghaire asked
the Minister for Health if he will consider a full inquiry if it is established that the failure of infection
controls at University Hospital Limerick led to avoidable deaths. [40089/16]
13/12/2016WRV03400526. Deputy Donnchadh Ó Laoghaire asked the Minister for Health the action
taken by his Department following the concerns expressed by HIQA regarding infection controls at
University Hospital Limerick; and if any actions remain outstanding. [40090/16]
13/12/2016WRV03500527. Deputy Donnchadh Ó Laoghaire asked the Minister for Health if the HPSC
made a report into infection control at University Hospital Limerick and if he received it; if it was
published; the action taken by his Department following receipt of this report; and his views on the detail
stated in this report. [40091/16]13/12/2016WRV03600528. Deputy Donnchadh Ó Laoghaire asked
the Minister for Health if there have been more deaths due to infection at University Hospital Limerick
than the average at major hospitals. [40092/16]13/12/2016WRV03700529. Deputy Donnchadh Ó
Laoghaire asked the Minister for Health if his attention has been drawn to the fact that there has been a
significant turnover of staff in infection control at University Hospital Limerick in the past two years; if it
is of the order of 50%; and his views on staff leaving positions in infection control. [40093/16]
13/12/2016WRV03800Minister for Health (Deputy Simon Harris):
Multidrugresistant infections and resistance to antibiotics are an ongoing and evolving international risk
for all healthcare providers. I can assure the Deputy that the prevention and control of healthcare
associated infections and antimicrobial resistance is a significant patient safety and public health priority
for the Government.
I am advised that Irish hospitals, like other hospitals internationally, are taking steps to reduce healthcare
associated infections and antimicrobial resistance including the prudent use of antibiotics. I am aware of
the challenges in relation to tackling multidrugresistant superbug infection rates in all hospitals including
at University Hospital Limerick (UHL). UHL has confirmed that a focused Quality Improvement Plan is
in place to tackle the issues of control of healthcare associated infections and antimicrobial resistance,
commonly known as HCAIs and AMR. This is in line with the recommendations of the HIQA
unannounced inspection reports at the Hospital on 28 November 2014 and 13 January 2015.
This includes:
An intensive screening programme for the detection of Carbapenem Resistant Enterobacteriaceae, CRE
among high risk patients;
An isolation ward for the mitigation of any risk of crosstransmission of newly detected or known
positive patients;
Adoption of strict contact precautions, dedicated equipment and a highly intensive cleaning regimen;
Speedy laboratory procedures to ensure results regarding infections available within 24 hours;
Good communication amongst microbiologists and with all relevant parties on detection of a new case.
Good communication with patients and GPs and other health care worker contacts to inform GPs of
their patients’ status.
A wide range of initiatives has been put in place in the Irish health system over several years to tackle
healthcare associated infections and antimicrobial resistance, covering improved surveillance of
infections and prescribing and infection prevention and control processes.
It also includes antimicrobial stewardship initiatives, public and professional awarenessraising with a
significant emphasis on the education and training of healthcare professionals.
Ireland is also developing a National Action Plan on Antimicrobial Resistance in line with the World
Health Organisation’s 2015 Global Action Plan on AMR and the European Council’s 2016 Conclusions :
‘The next steps under a ‘One Health’ approach to combat antimicrobial resistance’.
The National Action Plan is being developed with the oversight and guidance of the Interdepartmental
AMR Consultative Committee. The Committee was established in 2014 by my Department’s Chief
Medical Officer and the Chief Veterinary Officer of the Department of Agriculture, Food and the Marine
in recognition of the need for a ‘whole of Government’ approach to tackling the issue of AMR. This
intersectoral approach crosses the health, veterinary and environmental spheres to encompass all
stakeholders’ efforts to address what is a worldwide concern. It is intended that the National Action Plan
will be published in 2017.
The Health Protection Surveillance Centre (HPSC) is Ireland’s specialist agency for the surveillance of
communicable diseases and is part of the Health Service Executive. HPSC works in partnership with
health service providers and sister organisations in Ireland and around the world and collates, interprets
and disseminates data and information on communicable diseases.
Tackling AMR will require the whole system to prioritise key initiatives, working with our international
colleagues. Ireland is fully committed to and engaged in addressing resolution of the problem of AMR
and will continue to collaborate at international, EU and national levels to this end.
Nationally, I expect that the HSE will place particular emphasis on prevention and management of
healthcare associated infections and antimicrobial resistance in its service planning for 2017.
Protected disclosures received by the Minister for Health are managed in accordance with the
requirements under the Protected Disclosures Act 2014. It would not be appropriate for me to comment
on such matters.
The Deputy’s detailed queries in relation to the publication of an HPSC report into infection control at
UHL, deaths due to infection at the hospital relative to deaths at other major hospitals, and regarding staff
turnover are operational issues and have, therefore, been referred to the HSE for direct reply.
13/12/2016WRV04000Drugs Payment Scheme Coverage13/12/2016WRV04100531. Deputy Michael
McGrath asked the Minister for Health his plans to make a certain device (details supplied) available
under the general medical card scheme; if so, when he expects this to happen; and if he will make a
statement on the matter. [40100/16]13/12/2016WRV04200Minister for Health (Deputy Simon Harris):
13/12/2016WRV04300Legislative Programme13/12/2016WRV04400532. Deputy Michael
Moynihan asked the Minister for Health the name and number of Bills in preparation in his Department
and published by his Department since May 2016; the stage each Bill is at in the Houses of the
the matter. [40137/16]13/12/2016WRV04500Minister for Health (Deputy Simon Harris):
The information requested by the Deputy is shown in the following tables:
May 2016 to date Bills published, current stage and Bills enacted Bill Enacted/current stage Health
(Amendment) Bill 2016 Enacted Misuse of Drugs (Amendment) Bill 2016 Enacted The Health Insurance
(Amendment) Bill 2016 Passed by Dáil Eireann and scheduled for Committee and Report Stages in
Seanad Eireann week beginning 12 December 2016
Bills in preparation 1. Health (Amendment) (No. 2) Bill 2. Misuse of Drugs (Supervised Injecting
Facilities) Bill (formerly Misuse of Drugs (Amendment) (No. 2) Bill) 3. Health Information and Patient
Safety Bill 4. Health (Transport Support) Bill 5. Health (Miscellaneous Provisions) (No. 2) Bill 6. Assisted
Human Reproduction Bill 7. Health & Wellbeing (Calorie Posting and Workplace Wellbeing)
Bill 8. Health Act 2007 (Amendment) Bill 9. Human Tissue Bill 10. New Children’s Hospital
Establishment Bill 11. Patient Safety (Licensing of Healthcare Facilities) Bill 12 Public Health (Sale of
Tobacco Products & NonMedical Nicotine Delivery Systems) Bill 13. Provisions to support open
disclosure of patient safety incidents to patients, for inclusion in the Department of Justice and Equality’s
Civil Liability (Amendment) Bill
13/12/2016WRV04700GLAS Payments13/12/2016WRV04800534. Deputy Michael HealyRae asked
the Minister for Agriculture, Food and the Marine the status of a 2016 GLAS payment in respect of a
13/12/2016WRV04900Minister for Agriculture, Food and the Marine (Deputy Michael Creed):
The person named was approved into Tranche 1 of GLAS (GLAS 1) with effect from 1 October 2015 and
all payments due have issued in respect of the 2015 scheme year.
Applications are currently being processed in respect of the 2016 scheme year with a view to issuing the
first instalment on applications that successfully complete the necessary prepayment checks shortly.
13/12/2016WRW0010013/12/2016WRW00150Basic Payment Scheme Payments
13/12/2016WRW00200535. Deputy Peter Burke asked the Minister for Agriculture, Food and the
Marine to set out the status of a Scottish derogation payment in respect of a person (details supplied); and
if he will make a statement on the matter. [39404/16]13/12/2016WRW00300Minister for Agriculture,
Food and the Marine (Deputy Michael Creed):
The person named submitted an application for an allocation of entitlements under the ’Scottish
Derogation’ measure of the 2015 Basic Payment Scheme.
Under EU Regulations governing the Scottish Derogation measure of the Basic Payment scheme,
processing of applications involves administrative checks to verify that the applicant had been actively
farming in the Beef, Dairying, Sheep or Arable sectors on 15 May 2013.
The administrative checks subsequently found that the person named did not have evidence of
agricultural production on 15 May 2013 but did have evidence of production later in 2013. Consequently
the application under the Scottish Derogation measure of the Basic Payment Scheme was deemed to be
ineligible. The person named was notified of this decision in writing and advised of the option to appeal
this decision. To date no appeal has been received by my Department.
13/12/2016WRW00350Single Payment Scheme Payments13/12/2016WRW00400536. Deputy Michael
D’Arcyasked the Minister for Agriculture, Food and the Marine when a person (details supplied) in
County Wexford will receive a single farm payment in view of the fact there has been no payment to
date; and if he will make a statement on the matter. [39437/16]13/12/2016WRW00500Minister for
Agriculture, Food and the Marine (Deputy Michael Creed):
The person named submitted a 2016 Basic payment/ Areas of Natural Constraint scheme’s application on
13 May 2016. EU Regulations governing the administration of these schemes require that full and
comprehensive administrative checks, including in some cases remote sensing (i.e. satellite) inspections,
be completed before any payments issue.
The application of the person named was selected for a Remote Sensing eligibility inspection. This
inspection is currently being processed with the intention of issuing any payments due as soon as
possible. In the event that any queries arise officials in my Department will be in contact with the person
named.
13/12/2016WRW00550Young Farmers Scheme13/12/2016WRW00600537. Deputy Peter Burke asked
the Minister for Agriculture, Food and the Marine to set out the status of an appeal for a person (details
supplied). [39444/16]13/12/2016WRW00700Minister for Agriculture, Food and the
Marine (Deputy Michael Creed):
The person named submitted an application under the 2015 National Reserve ‘Old Young Farmer’
category to my Department. This application was not successful as the person named was deemed to have
commenced his agricultural activity prior to the eligible period of 1 January 2008 to 31 December 2009
as required under the ‘Old Young Farmer’ category of the 2015 National Reserve.
My Department’s records show that the person named was registered as a herd owner since 2007. He was
notified of this decision and was offered the opportunity to submit an appeal.
The person named subsequently submitted an appeal. This appeal was considered on the basis of the
information provided by the person named and the records held by my Department. The outcome of the
appeal was that the original decision was upheld. The person named was notified of this decision in
writing and was offered the opportunity of a further appeal to the Basic Payment Scheme Appeals
Committee. The person named has submitted this appeal to the Appeals Committee. The Agricultural
Appeals Office is currently dealing with this appeal and the person named will be notified in writing of
the outcome of his appeal once completed.
13/12/2016WRW00750Fishery Harbour Centres13/12/2016WRW00800538. Deputy Michael
McGrath asked the Minister for Agriculture, Food and the Marine to outline the statutory basis that
provides for the imposition of mooring fees and the confiscation and retention of boats by the appropriate
harbour authorities in respect of cases where such fees have not been paid; and if he will make a
statement on the matter. [39450/16]13/12/2016WRW00900Minister for Agriculture, Food and the
The Fishery Harbour Centres Act, 1968 (as amended) vests the responsibility for the six Fishery Harbour
Centres at Castletownbere, Dingle, Dunmore East, Howth, Killybegs and Ros an Mhíl in me as Minister
for Agriculture, Food and the Marine.
In respect of the six Fishery Harbour Centres, I have, under Section 4 of the Act, the power to fix, by
order, rates, tolls and other charges for the use of available facilities (including the harbour) and services
in the Fishery Harbour Centres. The Statutory Instrument currently applicable is the Fishery Harbour
Centres (Rates and Charges) Order 2012. The imposition of fees for swing moorings are included in the
Order at Charge 9 of Schedule 2. The Order provides for the payment and collection of dues but also for
the penalties and remedies for nonpayment. These measures include distress and sale of ships, boats and
goods in respect of which the rate or charge is payable.
Section 4 of the Fishery Harbour Centres Act 1968 also confers powers on me to make such byelaws as I
deem necessary or desirable for the management, control, operation and development of the Fishery
Harbour Centres. Section 85 of the Fishery Harbour Centres (Management, Control, Operation and
Development) Bye Laws 1979 provide that the Harbour Master may detain a vessel in a port until he is
satisfied that all monies due in respect of the vessel and the cargo have been paid or sufficient security
has been given.
My Department is not responsible for charges levied for the use of facilities and services at other harbours
throughout the country.
13/12/2016WRW00950Crop Losses13/12/2016WRW01000539. Deputy Billy Kelleher asked
the Minister for Agriculture, Food and the Marine to outline his plans to introduce a compensation
scheme for costal grain growers following the problems with the 2016 harvest (details supplied); and if he
will make a statement on the matter. [39455/16]13/12/2016WRW01100Minister for Agriculture, Food
and the Marine (Deputy Michael Creed):
I fully acknowledge and accept that difficulties have been experienced by the farming community, not
least by our tillage farmers. This sector is a very important area in the agricultural economy but it has
been a challenging year both in terms of market returns and variable weather conditions experienced
during the harvest.
While there is no specific funding available for losses due to poor weather conditions I wish to confirm
that at Agriculture Council I have repeatedly called for the situation on agricultural markets to be kept
under ongoing review, and have said that we should be ready to deploy support measures if the
circumstances require it. At the October Council Minister of State Doyle followed this up with a specific
request that market support efforts be extended to the cereals sector.
However, I know the Deputy will be aware that I recently chaired a meeting with the main stakeholders in
the tillage sector. As I said at the time and I wish to repeat here, again this meeting provided a platform
for the stakeholders to express their views and concerns on the challenges they are facing but equally to
discuss the opportunities that lie ahead for the industry.
At that meeting and in direct response to the difficulties being experienced, I outlined that one of my
chief priorities was to provide lowcost more flexible finance and in this regard I was happy to announce
on Budget Day, my plans for a €150 million Agri Cash Flow Loan Support Scheme. This has been
developed in conjunction with the Strategic Banking Corporation of Ireland (SBCI), by leveraging EU
and Exchequer funding totalling €25 m from my Department, to deliver a total loan fund of €150 million,
which will support highly flexible loans for up to six years, for amounts up to €150,000. The interest rate
applying is 2.95% and the product will be available to livestock, tillage and horticulture farmers. Loans to
tillage and horticulture farmers will be provided in line with the EU’s agriculture State Aid de minimis
requirements.
This is a cash flow support facility, to improve the working capital position of farmers and other viable
primary agriculture SMEs. The loans will be unsecured and are primarily to pay down expensive forms of
credit such as merchant credit and other shortterm financing facilities such as overdrafts. I recently
welcomed the SBCI “Open Call” for financial intermediaries to deliver the Scheme. The SBCI is
targeting that the loans will be available in the market by the end of January 2017. I am encouraging
farmers to consider their cash flow and borrowings situation now and, if appropriate to their
circumstances, to be prepared to apply for these loans when they become available.
The loan scheme is part of a “three pillar strategy” in response to income volatility that I announced in the
recent Budget, along with additional tax measures and farm payments. Among the tax measures, I agreed
with my colleague the Minister for Finance, for an adjustment to the current ‘Income Averaging’ system,
which will allow for an optout in an exceptional year. This will be available immediately, for this year’s
tax liability, and this will go some way towards addressing current cash flow concerns.
As an additional support to cash flow on farms, including Tillage farms, I also confirmed that advance
payments would be made this year in respect of the Basic Payment and Greening Payment schemes.
Advance payments commenced on the 17th October last, the earliest possible date by which payments
can begin under the governing EU Regulations, with the addition of balancing payments from the 1st
December.
To date €1,141 billion has been paid out to 121,508 farmers and payments are ongoing. I was also pleased
to note that the processing of the Areas of Natural Constraints payment scheme is on schedule and
payments have already commenced during the third week in September. It is expected that approx 96,500
will fulfil the scheme eligibility requirements. My Department will also be opening a measure under the
TAMS Scheme specifically for the Tillage Sector.
I also stressed at the recent Tillage stakeholders meeting and I want to restate my view that in this
changing landscape we need to take a fresh look at our tillage industry to ensure that it is best positioned
to withstand possible future threats and to avail of the new opportunities which may present themselves.
13/12/2016WRW01150Departmental Expenditure13/12/2016WRW01200540. Deputy Niall
Collins asked the Minister for Agriculture, Food and the Marine to set out in tabular form the total
photography costs for his Department per annum since March 2011 inclusive of costs incurred from use
of the ministerial allowance; the occasions for which photographers were booked; the photographers
used; the breakdown of costs associated with each occasion that a photographer was used; if there is a
policy regarding the booking of photographers within his Department; and if he will make a statement on
the matter. [39463/16]13/12/2016WRW01300Minister for Agriculture, Food and the
The information requested by the Deputy is available on my Departments website at
www.agriculture.gov.ie/aboutus/ministers/photographycosts. This information is regularly updated by my
Department. Wherever possible, the Department avails of internal photography skills.
13/12/2016WRW01350Consultancy Contracts Data13/12/2016WRW01400541. Deputy Niall
Collins asked the Minister for Agriculture, Food and the Marine to set out in tabular form details of the
external consultant reports commissioned by his Department since March 2011 per annum; the costs per
report; the company involved; the title of the report; and the publication date. [39479/16]
13/12/2016WRW01500Minister for Agriculture, Food and the Marine (Deputy Michael Creed):
The information requested by the Deputy is provided in the following tables. Some of the reports outlined
are mandatory in the context of EU obligations.
2011: March December
Company Title of Report Date or Expected Date of Publication Costs€ University College
Dublin Evaluation of the EU School Fruit Scheme/Food Dude Programme in Ireland 2011 Commission
Regulation 288 of 2009 10 January 2012 4,500 University College Dublin EU School Fruit Scheme/Food
Dude Programme in Ireland – A review of evaluations completed to date Commission Regulation 288 of
2009 6 February 2012 6,388 Drima Marketing Ltd Joint Forest Sector Questionnaire (JSFO) 2010Joint
Wood Energy Enquiry (JWEE) 2010Market Report for Ireland for the Timber Committee 2010 May
2011January 2012Sept 2011 12,792 Rockwell Automation Hazard and Operability Study 13 December
2011 3,740 Fitzpatrick Associates Interm Evaluation, of 20072013 SDP 3 June 2011 39,325 Brendan
Riordan, Research Economist The Net Contribution of the AgriFood Sector to the Inflow of Funds into
Ireland: a New Estimate 23 July 2012 6,000 Accenture An analysis of an internal review of
procurement. Not for external publication. Work done on a probono basis Accenture An examination of
the opportunities and capacity for further shared services between the Department and its noncommercial
state agencies. Not for external publication. Work done on a probono basis AccentureA review of the
Department’s role in regulating meat plants Not for external publication. Work done on a probono
basis KPMG An examination of the administration of the Single Payment Scheme. 13 October 2011 Work
done on a probono basis Fitzmaurice Tingle Ltd. Refrigeration Consultancy on 6 Fishery Harbour Centre
Sites Not for external Publication 3,505 Brian Scott Port Security Assessment Castleownbere Fishery
Harbour Centre Not for external Publication 4,680 Deloitte Ireland To examine recommendations of the
Report of the Review Group on State Assets and Liabilities as applicable to this Department to value the
assets referred to and to make a series of recommendations. For internal Departmental information Not for
external publication Work done on a probono basis Michael Dowling Beef 2020 Activation Group:
Growing the Beef Sector June 2011 – for input into FH 2020 Committee 10,000 Stiofan Nutty Report on
the Development of Ireland’s Organic Industry and an Organic and an Irish Organic Trade Board. For
internal Departmental informationNot for external publication 29,040Briggs Environmental Services Oil
Spill Contingency Plans Not for external Publication 4,424 Deloitte Ireland Department of Agriculture,
Food and the Marine – Annual Accounts Certification. Required by EU Legislation. Not for external
publication. 509,830
2012: January December
Company Title of Report Date or Expected Date of Publication Costs€ Drima Marketing Ltd Joint Forest
Sector Questionnaire (JSFO) 2011Joint Wood Energy Enquiry (JWEE) 2011Market Report for Ireland for
the Timber Committee 2011) May 2012,3 July 2012Sept 2012 12,792 Irish Equine Centre Demographic
study on the unwanted horse population in Ireland March 2012 10,000 Indecon Review of certain aspects
of the Irish Horse Racing Industry 20 July 2012 59,225 CMG Crime Management Ltd ISPS Port Security
Plan Castleownbere Fishery Harbour Centre Not for external Publication 3,198 Philip Farrelly & Co.
LtdFood Harvest 2020 – Environmental Analysis Report January 2014 229,610 Team BDS Lean Review
of the Meat Inspection Service The report has not been formally published but has been issued to
stakeholders in final draft version. 98,597 Compass Informatics Ltd Independent specialist review of all
Geographical Information based computer systems in the Department, carried out as part of the effective
and efficient administration of the Department’s EU Common Agricultural Policy (CAP) based payment
schemes. Not for external publication. 16,254Deloitte Ireland Department of Agriculture, Food and the
Marine – Annual Accounts Certification. Requirement of EU Legislation. Not for external
publication 514,169
Company Title of Report Date or Expected Date of Publication Costs€ Norfolk Marine Survey works
report to Killybegs Fishery Harbour Centre Not for external Publication10,828 Brian Scott Port Facility
Review, Killybegs Not for external Publication 1,200 Drima Marketing Ltd Joint Forest Sector
Questionnaire (JSFO) 2012Joint Wood Energy Enquiry (JWEE) 2012Market Report for Ireland for the
UNECE Timber Committee 2012) May 2013July 2013 October 2013 11,400 Fitzpatrick Associates
Economic Consultants Ex Ante Evaluation, Strategic Environmental Assessment and Appropriate
Assessment of the 2014 – 2020 Rural Development Programme July 2015 48,401 Judith A Annett
Countryside Consultancy Irish Deer Management Policy Vision Not for external publication 2,500 Forest
Solutions NPV and IRR analysis for New afforestation scheme Not for external publication1,968 Deloitte
Ireland Department of Agriculture, Food and the Marine Annual Accounts Certification. Requirement of
EU legislation Not for external publication 468,277
Company Title of Report Date or expected Date of Publication Cost Indecon Review of certain matters
relating to Bord na gCon 7 July 2014 60,885 Deloitte Department of Agriculture, Food and the Marine
Annual Accounts Certification as required by EU legislation Not for external publication 452,699 RSM
McClure Watters Ex Ante Evaluation, SEA and AA of Seafood Development Programme 20142020 24
June 2015 64,083 NTA Monitor Ltd Independent assessments of the Department’s IT security measures
and security review of the Department’s infrastructure. Required for EU accreditation purposes. Not for
external publication. 18,382 Drima Marketing Ltd Joint Forest Sector Questionnaire (JSFO) 2013Joint
Wood Energy Enquiry (JWEE) 2013Market Report for Ireland for the Timber Committee 2013 Joint
Forest Sector Questionnaire completed May 2014 and submitted to the EUROSTAT/FAO Joint Wood
Energy Enquiry (JWEE) 2013 published as part of COFORD Woodflow 2013 in July 2014UNECE report
was completed September/October 2014 for submission to the UNECE Committee on Forests and the
Forest industry. 11,780 RSM McClure Watters (Consulting) Ex Ante Evaluation Strategic Environmental
Assessment and Appropriate Assessment of 20142020 Forestry Published in 2014 as part of the
consultative process on the new Forestry programme 97,508 Forest Solutions NPV and IRR analysis for
new forestry for Fibre scheme Was not specifically published but formed part of the deliberative and
consultative process on the new Forestry programme 2,214 Forest Solutions Cost Benefit Analysis Forest
Roads Programme 20142020 Was not specifically published but formed part of the deliberative and
consultative process on the new Forestry programme 2,952 Freshwater Bivalve InvestigationsFreshwater
Bivalve Investigations Site Assessment of the River LickeySite Assessment of the River Lickey Not for
external publicationNot for external publication 5,0402,769 Occupational Physiotherapy Solutions To
conduct an ergonomic assessment of tasks in Cork Blood Testing Laboratory. Internal use only. Not for
external publication 1,347 Crime Management Services Ltd ISPS Port Security Assessment:
Castletownbere FHC Not for external Publication 4,735 Crime Management Services Ltd ISPS Port
Security Assessment: Killybegs FHC Not for external Publication 4,735 Fitzpatrick Associates RDP
20142020 Ex Ante. Evaluation Strategic Environmental Assessment & Appropriate Assessment June
201448,401
Company Title of Report Date or expected Date of Publication Cost € Philip Farrelly & Co AgriFood
Strategy 2025. Environmental Analysis Report (Provisional
Title) December2015 89,790 Deloitte Department of Agriculture, Food and the Marine Annual
Accounts Certification as required by EU legislation Not for external
publication 137,111 BDO Department of Agriculture, Food and the Marine Annual Accounts
Certification. Not for publication. Report is a requirement of EU Legislation. 381,743 NTA Monitor
Ltd Independent assessments of the Department’s IT security measures and security review of the
Department’s infrastructure. Required for EU accreditation purposes Not for external
publication. 16,279 Fitzpatrick Associates RDP 20142020 Ex Ante. Evaluation Strategic Environmental
Assessment & Appropriate Assessment July 2015 50,130 Drima Marketing Ltd Joint Forest Sector
Questionnaire (JSFO) 2014Joint Wood Energy Enquiry (JWEE) 2014Market Report for Ireland for the
Timber Committee 2013 May 2015Joint Wood Energy Enquiry (JWEE) 2014 published as part of
COFORD Woodflow note. Sept/Oct 2015 12,398 Bearing Point Technical code review of the Animal
Health and Welfare System Q1 2016Not for external publication. 126,198 Deloitte Technical code review
of the Integrated Fisheries System Q1 2016Not for external publication. 79,827 NTA Monitor
publication. 35,611 Captain Alan Coghlan Draft Report on the use of Tugs and Associated Pilotage at
Killybegs Fishery Harbour Centre Not for external publication 4,800 CMG Crime Management Ltd ISPS
Port Security Plan: Killybegs FHC Not for external Publication 4,245 CMG Crime Management
Ltd Port Security Plan: Killybegs FHC Not for external Publication 4,362 Martin
Heraghty Confidential Report to Minister for Agriculture, Food and the Marine. Commercial Mushroom
Producers (CMP) participation as a Producer Organisation in the Fruit and Vegetable Producer
Organisation Scheme Not for external Publication 2,000 Dr. Claire Sansford, Independent Plant Health
Consultant, York, UK. Revised assessment of the risk of spread of Hymenoscyphus fraxineus on untreated
wood of ash (Fraxinus spp., particularly Fraxinus excelsior). 4 September 2015Published on the DAFM
website in January 2016 18,691 McCarthy Keville O’Sullivan Strategic Environmental Assessment (SEA)
and Appropriate Assessment (AA) of Freshwater Pearl Mussel Plan for Ireland 27 May
2016 54,710 Smith Carter Structural Report on Amelioration Works Commissioned in December 2015.
Not for Publication 27,060 Presidion Aim Calf Survival Herd of Origin Deliverables
Report Commissioned in December 2015. Not for Publication 4,500 Gavin & Doherty Geosolutions
Ltd Longford Slope Stability Appraisal Not for external Publication 29,446 Clare Mulligan
Consulting DAFM Culture and Gender Review Not for external Publication 18,000
2016: January To Date
Company Title of Report Date or expected Date of Publication Cost € NTA Monitor Ltd Independent
assessments of the Department’s IT security measures and security review of the Department’s
infrastructure. Required for EU accreditation purposes Not for external publication 12,694NTA Monitor
Ltd Independent web application testing Not for external publication 4,133 Indecon
InternationalEconomic Consultants ExPost Evaluation of the 20072013 Rural Development
Programme November 2016 146,997 University College Dublin Evaluation of the Food Dudes Healthy
Eating Programme (implementing EU School Fruit & Vegetables Scheme) January
2017 84,235 BDO Department of Agriculture, Food and the Marine Annual Accounts Certification. Not
for publication. Report is a requirement of EU Legislation.338,555 PEFC (Ireland) Ltd(Programme for the
Endorsement of Forest Certification) Pilot Project on Group Certification July 2016 2,500 Henry
Philips Roundwood Production Forecast 20162035Assessment of the impact of forest felling age on
overall financial return to forest owners On web Q1 2016Print Q3 2016Commissioned March
2016Completion Q4 12,00046,800Drima Marketing Ltd Joint Forest Sector Questionnaire (JSFO)
2015Joint Wood Energy Enquiry (JWEE) 2015Market Report for Ireland for the UNECE Timber
Committee May 2016Joint Wood Energy Enquiry (JWEE) 2015 published as part of COFORD
Woodflow note. Expected date of publication July 2016.October 2016 14,071 NTA Monitor
publication 6,790 NTA Monitor Ltd Independent web application testing Not for external
publication 1,181 NTA Monitor Ltd Independent assessments of the Department’s IT security measures
and security review of the Department’s infrastructure. Required for EU accreditation purposes Not for
external publication 6,790 NTA Monitor Ltd Independent web application testing Not for external
publication 2,362 NTA Monitor Ltd Application Security Testing 2015/16 Not for external
publication 1,181 HydroEnvironmental Services, Dungarvan, Co. Waterford Hydrological review and
recommendations regarding felling licence consent conditions for water quality protection for 5 no.
Forestry sites in Co. Kerry Jan/Feb2017 13,161 FERS Ltd Assessment and update of species and related
trials on industrial cutawaypeatlands with a view to afforestation July 2017 67,748 Indecon International
Economic Consultants Ex Ante Assessment for the use of Financial Instruments within Ireland’s European
Agricultural Fund for Rural Development & European Maritime & Fisheries Fund Operational
Programmes December 2016 71,826McCutcheon Halley Walsh Chartered Planning Consultants Planning
report on property at the pier, Dunmore East Harbour. Not for external publication 9,391 ADAS UK
LTD An Evaluation of the Green Low –Carbon AgriEnvironment Scheme (GLAS) Final Report
2021 212,371
13/12/2016WRW01550Public Relations Contracts Data13/12/2016WRW01600542. Deputy Niall
Collins asked the Minister for Agriculture, Food and the Marine to outline in tabular form the details of
the use of external public relations firms employed by his Department per annum since March 2011; the
list of uses of the external public relations firm; the internal Department policy with regard to employing
external groups; and if he will make a statement on the matter. [39495/16]
My Department does not employ External Public Relations firms. Public Relations advice is provided by
my Department’s Press Office.
13/12/2016WRW01750Ministerial Correspondence13/12/2016WRW01800543. Deputy John
Brady asked the Minister for Agriculture, Food and the Marine if he has used any private unsecured e
mail accounts for official business; and if he will make a statement on the matter. [39577/16]
The Deputy may wish to note that my official business is carried out in the main through secure official
email accounts. I have occasionally used my personal Gmail account for official correspondence that is
not sensitive.
There is currently no policy preventing members of Government from using personal accounts for official
business. However, this situation is under review.
13/12/2016WRW01950AgriEnvironment Options Scheme Payments
13/12/2016WRW02000544. Deputy Pat Breen asked the Minister for Agriculture, Food and the
Marine when payments will issue to a person (details supplied); and if he will make a statement on the
matter. [39599/16]13/12/2016WRW02100Minister for Agriculture, Food and the
The person named commenced their AEOS 2 contract on 1 September 2011. Payment has issued in
respect of the 20112015 Scheme years.
Under The EU Regulations governing the Scheme and other areabased schemes, a comprehensive
administrative check, including crosschecks with the Land Parcel Identification System must take place
before payments can issue. As 2016 is the final scheme year of payment for the person named, rechecks
on payments made for all scheme years must be completed before the final payment can be processed. It
is expected that these checks will be finalised shortly and payment will issue when these checks are
completed.
13/12/2016WRW02150Single Payment Scheme Payments13/12/2016WRW02200545. Deputy Pearse
Doherty asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in
County Donegal will receive a single farm payment for 2015 and 2016; and if he will make a statement
on the matter. [39621/16]13/12/2016WRW02300Minister for Agriculture, Food and the
The person named submitted a 2013 Transfer of Entitlements application to my Department seeking the
transfer of land and entitlements by gift as transferee. This application could not be processed due to an
issue relating to the date of amendment of the herd number. This issue has been resolved and the transfer
has been completed to facilitate payment. Confirmation has issued in writing to the person named.
The establishment of the entitlements position of the person named under the Basic Payment Scheme is
now being finalised and payment will issue for 2015 and 2016 as soon as possible.
13/12/2016WRW02350Basic Payment Scheme Applications13/12/2016WRW02400546. Deputy Robert
Troy asked the Minister for Agriculture, Food and the Marine if he will award a single farm payment to a
The person named submitted a 2016 Basic Payment/Areas of Natural Constraint Schemes application on
21 April 2016. EU Regulations governing the administration of these schemes require that full and
comprehensive administrative checks, including in some cases remote sensing (i.e. satellite) inspections,
be completed before any payments issue.
The application of the person named was selected for a remote sensing eligibility inspection. This
inspection is currently being processed with the intention of issuing any payments due as soon as
possible. In the event that any queries arise officials in my Department will be in contact with the person
named.
13/12/2016WRW02550Animal Welfare13/12/2016WRW02600547. Deputy Josepha Madigan asked
the Minister for Agriculture, Food and the Marine to outline the current regulations to safeguard animal
welfare with regard to live animal circuses; and his plans to ban animal circuses. [39625/16]
The conditions under which all species of animals in circuses are kept and managed come under the scope
of the Animal Health and Welfare Act 2013, which contains rules relating to the welfare of all animals,
including wild animals in circuses. Section 25 of the Act provides for the adoption of codes of practice in
relation to, inter alia, matters concerning the welfare of animals, and this is being kept under review in the
context of use of animals in circuses. My Department continues to engage with stakeholders, including
circus groups, animal welfare organisations, in relation to the welfare of wild animals in circuses.
According to the information available to my Department, there are in fact very few wild animals
currently performing in Irish circuses. I have no plans at this juncture to ban the use of wild animals in
circuses.
13/12/2016WRW02750Single Payment Scheme Payments13/12/2016WRW02800548. Deputy Michael
D’Arcy asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to
a person (details supplied) in County Wexford; and if he will make a statement on the matter. [39629/16]
The person named submitted three 2016 Transfer of Entitlements applications to my Department seeking
the transfer of entitlements by lease. As the herd number shown had been changed from an individual to a
Company name after the submission of the 2016 Basic Payment Scheme application, it was necessary to
have a Declaration of Undertaking form completed in order to allow the transfer applications to be
processed.
A letter issued with a Declaration of Undertaking form to the person named on 12 November 2016. The
completed Declaration of Undertaking from has since been returned to my Department. The applications
have now been finalised and payment under the Basic Payment Scheme will issue shortly.
13/12/2016WRW02950Competition and Consumer Protection Commission
13/12/2016WRW03000549. Deputy Michael Harty asked the Minister for Agriculture, Food and the
Marine to outline his views on whether an acquisition (details supplied) is in the longterm interests of
County Clare farmers; and if he will make a statement on the matter. [39660/16]
The State, through the Competition and Consumer Protection Commission, has an existing and well
established infrastructure for oversight of competition matters and for dealing with allegations of anti
competitive practices or abuse of a dominant position. The acquisition referred to by the Deputy will be
subject to the relevant statutory requirements under competition law, if relevant.
13/12/2016WRW03150Beef Exports13/12/2016WRW03200550. Deputy Michael Harty asked
the Minister for Agriculture, Food and the Marine if negotiations on Irish beef access to China are
progressing satisfactorily; when Irish beef might be allowed into China; his views on and the estimated
impact this access would have on Irish beef prices; and if he will make a statement on the
The process of access for Irish beef to third country markets requires work at technical, diplomatic and
political levels. Ultimately, the pace of progress is determined by the receiving country.
In relation to China, I am satisfied that we are making steady progress. The formal lifting of the BSE ban
by the Chinese authorities in respect of Ireland in early 2015 was followed by the submission of a detailed
questionnaire to the Chinese authorities. In January 2016 my Department hosted a tenday inspection visit
by a team from the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ).
We received a copy of their report relatively recently and have replied to their findings.
Assuming that our response to these findings is positive the next steps are to agree a protocol and a
veterinary health certificate. It will also be necessary for Irish meat establishments to be individually
approved by the Certification and Accreditation Administration (CNCA) before they are able to export to
China. Although timelines are very difficult to predict in this process, I hope that such inspections will
take place in 2017.
Third country markets are an increasingly important alternative outlet for the industry. I am acutely aware
of the need to develop new and alternative markets, given the changing global demographics and
emerging economies in Asia and elsewhere. Indeed this is a crucial component of the Food Wise 2025
Strategy and has been given an added impetus by the outcome of the UK referendum on Brexit. Having
greater market access options to choose from is always an advantage as exporters are able to choose to
export their products to a wider range of markets. However there are many other factors that will impact
on the beef price including the global supply and demand dynamics, currency fluctuations and so on.
While beef access to China is a very high priority, my department is also pursuing beef access to a
number of other Third Countries including Korea, Vietnam, Thailand and Ukraine, and is working to
simplify certification procedures in a number of markets to which we already have access. My
Department will continue to work very closely with the Department of Foreign Affairs, Bord Bia, the
industry and the European Commission on these issues.
13/12/2016WRW03350Bovine Disease Controls13/12/2016WRW03400551. Deputy Michael
Harty asked the Minister for Agriculture, Food and the Marine to outline his plans to introduce two
annual animal tuberculosis tests in certain areas as part of a plan to eradicate the disease by 2030; if
County Clare is under consideration for two annual tests; and if he will make a statement on the
The Bovine TB Eradication Programme as implemented by my Department includes a range of measures
such as annual testing of all herds in the country, testing of herds contiguous to TB breakdowns, blood
testing of certain animals, the restriction of herds which have experienced a breakdown, removal of
sources of infection in wildlife, etc. These measures have proven to be extremely effective in recent
years in reducing the incidence of TB in the country from 5.9% in 2008 to 3.4% in 2015, the lowest level
on record since the programme commenced in the mid 1950’s. With regard to County Clare, the
implementation of the programme has reduced herd incidence in that county from 7.21% in 2008 to
4.10% last year. To date in 2016, herd incidence in County Clare is at 3.6%, slightly above the national
average of 3.2%.
In view of this very considerable progress in reducing the incidence of the TB, my Department believes
that complete eradication of the disease by 2030 is now a practicable proposition. However,
notwithstanding the success of the current range of measures in the programme, the programme is not
static and has and will continue to be reviewed and revised in light of developments in the disease
situation, improvements in scientific knowledge etc. However, I have no plans to introduce two annual
TB tests.
13/12/2016WRW03550Young Farmers Scheme13/12/2016WRW03600552. Deputy Robert Troy asked
the Minister for Agriculture, Food and the Marine if he will expedite a payment to a person (details
supplied) under the young farmers scheme; and if he will make a statement on the matter. [39745/16]
An official from my Department has contacted the person named with regard to his intention to apply for
the 2016 Young Farmers Scheme. Following clarification received as a result of this contact, an
Agricultural Adviser submitted documentation to my Department on behalf of the person named. This
enabled his Young Farmers Scheme application to be processed and payment will issue shortly to the
person named.
13/12/2016WRW03750Basic Payment Scheme13/12/2016WRW03800553. Deputy Michael Healy
Rae asked the Minister for Agriculture, Food and the Marine if the national reserve scheme will be open
again in 2017; if funding will be available for it; and if he will make a statement on the
In 2015 the National Reserve fund was based on a 3% cut to the Basic Payment Scheme financial ceiling
and provided some €24 million in funding which was the maximum financing rate available under the
relevant EU Regulations. Some 8,000 farmers received an allocation of entitlements under the 2015
National Reserve. There was no National Reserve in 2016 as all available funding had been utilised under
the 2015 scheme. In order to provide for a National Reserve in 2017 funding is required to replenish the
Reserve. EU Regulations governing the scheme provide that funding for the replenishment of the
National Reserve may be obtained by means of surrender of entitlements that remain unused by farmers
for two consecutive years and by clawback derived following the sale of entitlements without land. It is
envisaged that funding derived from these two sources in 2017 will be very limited. The Regulations also
provide for the application of a linear cut to the value of all farmers’ entitlements to replenish the
National Reserve. Decisions in relation to the National Reserve for 2017 will be considered once the
position on potential funding has been established.
Consultation between Department officials and the Direct Payments Advisory Committee comprising
members of the main farming organisations, agricultural education and farm advisory bodies takes place
annually as part of the decision making process for the National Reserve. The consultation process in
relation to the 2017 National Reserve will take place early in 2017.
13/12/2016WRW03950Rural Development Programme Funding
13/12/2016WRW04000554. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the
Marine if he will provide in tabular form a breakdown of expenditure incurred to date in 2016 and the
annual allocation of funds in the Revised Estimates for 2016 under the rural development fund 20142020
and if he will provide certain detail for schemes (details supplied); and if he will make a statement on the
The information requested by the Deputy is set out in the following table.
Of the schemes listed by the Deputy no allocation was made for the Knowledge Transfer Scheme in 2016.
A substantial amount of further expenditure will take place in the coming weeks.
Title of Scheme 2016 allocation€000 2016 Outturn – 13 December€000 Areas of Natural Constraint
Scheme 202,000 199,536 Beef Data and Genomics
Programme 52,000 29,689 AEOS 40,850 22,893 GLAS 139,500* 5,406 Targeted Agricultural
Modernisation Scheme 35,800 9,110 Early Retirement Scheme 4,602* 4,408 Organic Farming
Schemes 10,000 2,529 REPS (including Agricultural Catchment Programme)2,194 2,634 Locally Led
Environmental Schemes (Burren) 1,200 1,178 Technical assistance 1,000 687 Collaborative
Farming 500 229 Speciality Foods Scheme 989 10 Targeted Advisory Service for Animal
Disease 700 183 Totals 491,335 278,492
*Revised allocation post 2016 Supplementary Estimate Process
13/12/2016WRW04150Departmental Legal Cases13/12/2016WRW04200555. Deputy Peadar
Tóibín asked the Minister for Agriculture, Food and the Marine if his Department has been involved in
any court proceedings that involved nondisclosure agreements in the past five years; and, if so, if the
specific court ruling preventing knowledge of the court proceeding being known and knowledge of the
participants to the court proceeding from being made known for each of these agreements. [39860/16]
I wish to advise the Deputy that all court proceedings that my Department has been involved in are open
to the public and the identity of the parties are available.
My Department has settled 4 cases with confidentiality clauses in the past 5 years.
13/12/2016WRW04350Basic Payment Scheme13/12/2016WRW04400556. Deputy Éamon Ó Cuív asked
the Minister for Agriculture, Food and the Marine when payments under the basic payment scheme and
area of natural constraints scheme for 2016 will issue to a person (details supplied) in County Cork; the
reason for the delay in issuing the payments; and if he will make a statement on the matter. [39876/16]
In 2015 the person named formed a Registered Farm Partnership with two other individuals. My
Department has received three Transfer of Entitlement applications in 2016 seeking the transfer of
entitlements out of this Registered Farm Partnership by Division of Entitlements. My Department has
also received two Transfer of Entitlement applications in 2016 seeking the transfer of entitlements by
merger of two or more holdings into a separate Registered Farm Partnership of which the person named is
a member.
An official from my Department has been in direct contact with the herd owners in this case to discuss the
processing of these applications and will further contact herd owners as the case is finalised for payment
shortly.
An application under the 2016 Areas of Natural Constraints Scheme was received from the Partnership
named on 13 May, 2016. Processing of this application has been finalised and payment has issued to the
nominated bank accounts.
13/12/2016WRW04550GLAS Eligibility13/12/2016WRW04600557. Deputy Charlie
McConalogue asked the Minister for Agriculture, Food and the Marine the reason farmers who did not
have commonage included as part of a 2014 basic application cannot avail of the GLAS scheme, yet
farmers who have acquired land since 2014 are able to avail of the GLAS scheme; and if he will make a
statement on the matter. [39877/16]13/12/2016WRW04700Minister for Agriculture, Food and the
My Department revised commonage eligibility requirements for GLAS 3 applications from those which
applied for GLAS 1 and GLAS 2 and issued a circular to all advisors and also published the circular on
the Department’s website. This update states that for GLAS 3 commonage land declared for the Basic
Payment Scheme (BPS) in 2015 whether declared in previous years or not is eligible.
In addition new entrants to farming in 2016 who declared commonage in their first BPS application in
2016 will also qualify. Farmers with commonage receive priority access to the GLAS Scheme.
13/12/2016WRW04750Animal Welfare13/12/2016WRW04800558. Deputy Catherine Murphy asked
the Minister for Agriculture, Food and the Marine his plans to ban wild non domestic animal circus
performances here in view of the fact that Dublin City Council has banned these types of shows; and if he
will make a statement on the matter. [39920/16]13/12/2016WRW04900Minister for Agriculture, Food
and the Marine (Deputy Michael Creed):
circuses.
13/12/2016WRX0010013/12/2016WRX00200Forest Roads Scheme
13/12/2016WRX00300559. Deputy Peter Burke asked the Minister for Agriculture, Food and the
Marine the number of applications that have been made for the forest road grant scheme in County
Limerick in 2016 to date; the number of these that have been approved; the number that have been paid;
when those which have not been paid are expected to receive payment; and if he will make a statement on
the matter. [39981/16]13/12/2016WRX00400Minister for Agriculture, Food and the
In 2016, 39 applications were received from County Limerick for grantaid under the Forest Road
Scheme; of these, 29 have been approved. The remaining 10 are in various stages of the application
process and a decision will issue on these when that process is complete.
On the payments side, 10 of the applications made in 2016 have received payment, an additional
two have payments in progress and a further application from a previous year received payment in 2016.
Of the remainder, payment will be processed when applications are received.
13/12/2016WRX00500Young Farmers Scheme13/12/2016WRX00600560. Deputy Michael Healy
Rae asked the Minister for Agriculture, Food and the Marine the status of the case of a person (details
supplied) who has appealed a decision in respect of payment under the young farmers scheme and
national reserve; and if he will make a statement on the matter. [39988/16]
13/12/2016WRX00700Minister for Agriculture, Food and the Marine (Deputy Michael Creed):
The person named submitted an application under the 2015 National Reserve ‘Old Young Farmer’
category to my Department. This application was not successful as the person named did not meet the
educational criteria required under the terms and conditions of the National Reserve and Young Farmers
Scheme. He was notified of this decision and was offered the opportunity to submit an appeal.
The person named subsequently submitted an appeal. This appeal was considered on the basis of the
information provided by the person named and the records held by my Department. The outcome of the
appeal was that the original decision was upheld. The person named was notified of this decision in
writing and was offered the opportunity of a further appeal to the Basic Payment Scheme Appeals
Committee. The person named has submitted this appeal to the Appeals Committee. The Agricultural
Appeals Office is currently dealing with this appeal and the person named will be notified in writing of
the outcome of his appeal once completed.
13/12/2016WRX00800Young Farmers Scheme13/12/2016WRX00900561. Deputy Tony
McLoughlin asked the Minister for Agriculture, Food and the Marine the reason for the delay in
processing young farmers payments (details supplied); and if he will make a statement on the
matter. [40022/16]13/12/2016WRX01000Minister for Agriculture, Food and the Marine (Deputy Michael
Creed):
The person named submitted applications under the ‘young farmer’ category of the 2015 National
Reserve and the Young Farmers Scheme. He also submitted a 2015 Transfer of Entitlements Allocation
Right and Reference Value application. Issues relating to the registration details of the above herd number
have caused a delay in processing these applications. These issues have now been resolved, processing
has been finalised and payment is due to issue shortly.
13/12/2016WRX01100Single Payment Scheme Payments13/12/2016WRX01200562. Deputy Sean
Fleming asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue
to a person (details supplied); and if he will make a statement on the matter. [40059/16]
An application in respect of the 2013 Single Farm Payment was received from the person named on 11
May 2016 thus incurring a 100%late penalty. An appeal was submitted and has been reviewed.
It has been decided to waive the late penalty in this case. The application will now be processed on this
basis and any payments due will issue to the nominated bank account of the person named as soon as
possible.
13/12/2016WRX01400Greyhound Industry13/12/2016WRX01500563. Deputy Maureen
O’Sullivan asked the Minister for Agriculture, Food and the Marine if, in view of the announcement of
significant funding for the greyhound industry, if he will provide the attendance figures at greyhound
meetings for each of the years 2005 to 2015 and the number of active owners of racing greyhounds
here. [40065/16]13/12/2016WRX01600Minister for Agriculture, Food and the Marine (Deputy Michael
Creed):
Bord na gCon is a commercial State body, established in 1958, under the Greyhound Industry Act, 1958,
chiefly to control greyhound racing and to improve and develop the greyhound industry.
As the information requested is an operational matter for Bord na gCon, the body has been requested to
forward the relevant information directly to the Deputy as soon as possible.
Information regarding attendances at race meetings is contained in Bord na gCon’s published annual
accounts.
13/12/2016WRX01700Animal Welfare13/12/2016WRX01800564. Deputy Joan Collins asked
the Minister for Agriculture, Food and the Marine his plans to initiate legislation to ban animal circuses
here; in view of the fact that other countries are introducing legislation to ban these circuses. [40085/16]
circuses.
13/12/2016WRX02000Legislative Programme13/12/2016WRX02100565. Deputy Michael
Moynihan asked the Minister for Agriculture, Food and the Marine the name and number of Bills in
preparation in his Department and published by his Department since May 2016; the stage each Bill is at
in the Houses of the Oireachtas; the number of Bills from his Department signed into law; and if he will
make a statement on the matter. [40128/16]13/12/2016WRX02200Minister for Agriculture, Food and the
My Department has not published any Bills during the period in question. In the coming session there are
plans to make two amendments to the Sea Fisheries and Maritime Jurisdiction Act 2006 and to introduce
the Greyhound Industry Bill in January 2017. Details outlined in the following table:
Name of Bills Expected date of PreLegislative Scrutiny Sea Fisheries (Amendment) Bill 2016 As soon
as possible Draft General Scheme of the Greyhound Industry Bill 2016 January 2017
13/12/2016WRX02300Pesticide Use13/12/2016WRX02400566. Deputy Willie Penrose asked
the Minister for Agriculture, Food and the Marine the policy considerations that are undertaken by his
Department in relation to the applications of glyphosate as part of the dessication process; if his
Department has had consultations with the Department of Health in relation to its safety from a health
perspective and its efficacy; if it’s use has been reassessed in the context of reports from the WHO, New
Zealand, Australia and the United States; and if he will make a statement on the matter. [40195/16]
My Department is the “Competent Authority” responsible for the approval of pesticides (Plant Protection
Products & Biocide Products). A cohort of specialists including human toxicologists, environmental
toxicologists, chemists, environmental chemists, efficacy experts and biologists enable all necessary
decisions to be made without routine consultation with the Department of Health.
The use of products containing Glyphosate as a desiccant is currently restricted to use in oilseed rape. All
risk assessments supporting this use, conducted internally or by our EU or international equivalents,
support the fact that this use is safe not only from an environmental perspective but also from a human
toxicology point of view.
To facilitate continued approval of glyphosate in the EU, an evaluation was performed by Germany and
peer reviewed by the European Food Safety Authority (EFSA) and Member State experts. This review
clearly identified the safety profile of glyphosate and considered a recent review conducted by World
Health Organisation (WHO). Reviews conducted by the relevant authorities in New Zealand, Australia
and the United States derive similar but less conservative conclusions. In addition a further review of
glyphosate by the European Chemicals Agency is currently ongoing. This review will consider the
classification of the active substance and should be available in the later part of 2017.
13/12/2016WRX02600Departmental Staff Redeployment13/12/2016WRX02700567. Deputy Marc
MacSharry asked the Minister for Agriculture, Food and the Marine if he will provide all examples of
entire units that have been recentralised back to Dublin from within his Department; his Department’s
No entire units have been recentralised back to Dublin within my Department.
13/12/2016WRX02900Compensation Schemes13/12/2016WRX03000568. Deputy Peter Burke asked
the Minister for Communications, Climate Action and Environment the status of a compensation scheme
13/12/2016WRX03100Minister of State at the Department of Communications, Energy and Natural
Resources (Deputy Seán Kyne):
Ireland’s Eel Management Plan (EMP) under EU Regulation 1100/2007, which included a closure of
commercial fishing, was approved by the European Commission in 2009. Ireland’s EMP and its
conservation measures were reviewed in 2012 and again in 2015 in accordance with the EU Regulation.
Both reviews involved an examination of the latest scientific data and the conservation measures, the
results of which were the subject of public consultation processes. Based on management advice from
Inland Fisheries Ireland (IFI) and having considered all aspects of the 2015 review, the existing
conservation measures remain in place up to mid2018 at which time a further review is required. IFI
have been provided funding for a new collaborative research initiative involving IFI scientists and a
number of former eel fishermen to further develop national knowledge of the species and its medium to
longer term potential for recovery. This scientific fishery was commenced this year and is expected to
continue for three years to increase data and knowledge ahead of further review of eel management
measures in 2018.
The latest advice from the International Council for the Exploration of the Seas (ICES) for 2016
(published October 2015) is that “the status of eel remains critical and that all anthropogenic mortality
(e.g. recreational and commercial fishing, hydropower, pumping stations, and pollution) affecting
production and escapement of silver eels should be reduced to – or kept as close to – zero as possible.
There is no change in the status of the stock as being critically endangered”.
While I recognise fully the difficulty facing eel fishermen, there is no property right attaching to public
eel licences and currently there are no plans to introduce a hardship scheme as outlined by the Deputy,
given that the closure of the fishery was applied for conservation reasons under the Fisheries Acts.
13/12/2016WRX03200Waste Disposal Charges13/12/2016WRX03300569. Deputy John Brassilasked
the Minister for Communications, Climate Action and Environment the position regarding the
introduction of the pay by weight system for refuse collection, both in Dublin and the remaining counties;
and if he will make a statement on the matter. [39409/16]13/12/2016WRX03400570. Deputy John
Brassil asked the Minister for Communications, Climate Action and Environment the position regarding
households paying for recycling material per kg (details supplied); and if he will make a statement on the
matter. [39410/16]13/12/2016WRX03500571. Deputy John Brassil asked the Minister for
Communications, Climate Action and Environment if a commitment given at the time of the disputes
regarding refuse collection earlier in 2016 by the refuse collection industry that no household would pay
more in 2016 than in 2015 is binding; if so, the person or body the companies are answerable to if they
are non compliant; and if he will make a statement on the matter. [39424/16]
13/12/2016WRX03600Minister for Communications, Climate Action and Environment (Deputy Denis
Naughten):
My Department is currently reviewing, together with the regulatory authorities and industry
representatives, the introduction of an incentivised pricing system, such as pay by weight, for household
waste collection. The review is due to be completed by July 2017. Incentivised pricing aims to encourage
householders to prevent, reduce and segregate their waste and also facilitates the industry in providing
householders with a range of options to manage their waste costs. Given that we are undertaking a
broader review than was originally envisaged, there is no necessity for companies to now provide for
‘dual billing’ and ‘opt in/ opt out’ arrangements from January 2017 for the “pay per kilogramme”
arrangement that had been envisaged in mid2016.
The charges applied by waste management companies are a matter between those companies and their
customers, subject to compliance with all applicable environmental and other relevant legislation,
including contract and consumer legislation. However, the waste collection industry in general has
indicated that it will not increase regular charges for the 12 months to 1 July 2017 for the same level of
service.
In advance of the planned introduction of per kilogramme pay by weight charging last summer, it was
indicated that there would be no mandatory per kilogramme charge for mixed dry recyclate, effectively
maintaining the status quo in terms of how collectors charge for this type of material.
13/12/2016WRX03700Waste Management Regulations13/12/2016WRX03800572. Deputy Brian
Stanley asked the Minister for Communications, Climate Action and Environment the position regarding
waste facilities that continue to receive and process commercial waste after their licence has
expired. [39436/16]13/12/2016WRX03900573. Deputy Brian Stanley asked the Minister for
Communications, Climate Action and Environment his views on and the position taken with regard to
commercial waste being accepted and processed in a facility that An Bord Pleanála has adjudicated does
not have the benefit of planning permission and requires an environmental impact assessment. [39440/16]
Naughten):
The treatment and management of waste material is subject to a registration and permitting system by
local authorities or licensing by the Environmental Protection Agency (EPA), as appropriate, and
governed by the Waste Management (Facility Permit & Registration) Regulations 2007 or the Waste
Management (Licensing) Regulations 2004, as appropriate. Environmental standards in relation to the
collection of waste, and their enforcement, are the responsibility of local authorities and are governed by
the Waste Management (Collection Permit) Regulations 2007.
The primary purpose of the registration, permitting, and licensing system is to facilitate appropriate
controls on waste facilities and activities so as to ensure good and consistent waste management practice
and the implementation of high standards of environmental protection.
Enforcement of conditions attaching to waste collection permits, certificates of registration, waste facility
permits or waste licences are matters for the relevant local authority or the EPA as appropriate. Under
section 60(3) of the 1996 Act, I am precluded from exercising any power or control in relation to the
performance, in specific cases, by a local authority or the EPA of their statutory functions under the Act.
13/12/2016WRX04100Departmental Expenditure13/12/2016WRX04200574. Deputy Niall Collins asked
the Minister for Communications, Climate Action and Environment the total photography costs for his
Department per annum since March 2011 inclusive of costs incurred from use of the ministerial
regarding the booking of photographers within his Department; and if he will make a statement on the
matter. [39466/16]13/12/2016WRX04300Minister for Communications, Climate Action and
Environment (Deputy Denis Naughten):
I can confirm to the Deputy that the engagement of photography service providers by my Department
operates within the parameters of value for money. Where possible, every effort is made to minimise
costs. The policy of selection and contracting of photography services for the Department is carried out as
part of competitive procurement processes in line with Office of Government Procurement guidelines.
The following table sets out the Department of Communications, Climate Action and Environment
photography costs in relation to media services since March 2011:
Photography Costs – Department of Department of Communications, Climate Action and
Environment March 2011 – todate
Company Event Date Event Cost €Maxwell Photography 13/06/2011 Government convenes Next
Generation Broadband Taskforce 340.92 Maxwell Photography 27/07/2011 Age Action Silver Surfer
Launch (pre shoot)274.97 Maxwell Photography 23/09/2011 Minister Rabbitte stock photos available for
widespread media use 409.58 Maxwell Photography 24/10/2011 Minister Rabbitte welcomes EU
Commission Telecoms specialists to Dublin 552.67 Maxwell Photography (1) 27/11/11 Publication of the
Government’s Affordable Energy Strategy (2) 16/11/11 Launch of Irish Anti Botnet Website (anti cyber
crime initiative) 1,052.70 2011 Total 2630.84 Jason Clarke Photography 10/01/2012 Launch of
Community Outreach Campaign Digital TV Switchover 492 Jason Clarke
Photography 13/01/2012 Launch of the SMS 112 emergency service 492 Jason Clarke
Photography 06/02/2012 Nationwide rollout of high speed broadband to second level schools492 Jason
Clarke Photography 01/03/2012 Minister Rabbitte welcomes 23 Digital Outreach
Champions 492 Maxwell Photography 02/05/2012 Next Generation Broadband Taskforce
launch485.85 Jason Clarke Photography 28/05/2012 Launch of the Renewable Energy Strategy
Report 492 Jason Clarke Photography 22/08/2012 Third Central & North Atlantic Conjugate Margins
Conference 492 Jason Clarke Photography 30/08/2012 Launch of the National Broadband Plan 492 Jason
Clarke Photography 15/10/2012 Minister Rabbitte visits Kippure TV mast for Digital Switchover with
media 492 Phocus 08/11/2012 Minister Rabbitte inspects high speed broadband in St. Colman’s
School 359.78 Jason Clarke Photography 17/12/2012Announcement of Ireland’s Digital
Champion 492 2012 Total 5273.63 Jason Clarke Photography 24/01/2013 Signing of Energy MoU with
Britain 492 Maxwell Photography 28/02/2013Launch of National Energy Efficiency Action
Plan 499.38 Maxwell Photography 05/03/2013 Announcement of phase II of Schools Broadband in
Warrenmount School 361.62 Maxwell Photography 11/07/2013 Launch of the National Digital
Strategy 327.18 Maxwell Photography 26/11/2013 Appointment of the New Chairman and
Commissioners in Comreg 137.76 2013 Total 1817.94 Maxwell Photography 12/05/2014 Launch of
Energy Green Paper 327.18 Hany Marzouk (freelance photographer) 25/04/2014 Announcement of
National Broadband Plan state intervention 273 Maxwell Photography 11/06/2014 Launch of the Trading
Online Voucher Scheme with Local Enterprise Offices 309.96 Maxwell Photography 24/06/2014 Launch
of the report of the Internet Content Governance Advisory Group 309.96 JMAC
Photography 26/06/2014 100,000th participant receiving digital training under BenefIT scheme –
Arranmore Island 227 Maxwell Photography 22/12/2014 National Digital Strategy Award of Grants to
Benefit IIII projects 499.38 Fennell Photography 26/06/2014 National Digital Strategy Showcase, Dublin
Castle 411.50 2014 Total 2357.98 Photography Costs – 1 January 2015 – 3rd December 2015 Maxwell
Photography 02/02/2015 Post Office Network Business Development Group – press event at Rathangan
Post Office 533.82 Maxwell Photography 01/07/2015 National Broadband Plan 447.72 Maxwell
Photography 15/07/2015 1000th Trading Online Voucher 551.04Maxwell
Photography 16/12/2015 Launch of Energy White paper 430.50 2015 Total 1963.08 Photography Costs –
1 January 2016 – 31st July 2016 Maxwell Photography 18/1/2016 Post office Network
group 585.48 Maxwell photography 25/05/2016 Hodson Bay Hotel Athlone 717.92 Maxwell
Photography 31/05/2016 Digital Economy Report 602.70 2016 Total 1906.10Total 20112016 15,949.57
13/12/2016WRX04400Consultancy Contracts Data13/12/2016WRX04500575. Deputy Niall
Collins asked the Minister for Communications, Climate Action and Environment the external consultant
reports commissioned by his Department since March 2011 per annum, in tabular form; the costs per
report; the company involved; the title of the report; and the publication date. [39482/16]
Naughten):
I refer to the reply to Question No. 800 of 19 July 2016 relating to this matter which gives details of
reports commissioned between March 2011 and July 2016. The additional information required in
relation to reports commissioned since then is being compiled and will be forwarded to the Deputy as
soon as possible.
13/12/2016WRX04700Public Relations Contracts Data13/12/2016WRX04800576. Deputy Niall
Collins asked the Minister for Communications, Climate Action and Environment the details of the use of
external public relations firms employed by his Department per annum since March 2011 in tabular form;
the list of uses of the external public relations firm; the internal Department policy with regard to
employing external groups; and if he will make a statement on the matter. [39498/16]
Naughten):
My Departmental remit includes complex policy areas, oversight of State regulation and service provision
across key strategic services such as energy, public broadcasting and the environment, and regulation of
sectors such as mining and hydrocarbon exploration. Given the technical complexity, economic
significance and community interest in these areas, there is a requirement to disseminate information and
to address specific issues as they arise. The Department therefore necessarily incurs some expenditure on
public relations from time to time.
In procuring these services, my Department always seeks to ensure value for money and the keeping of
expenditure to the minimum necessary.
The information which the Deputy requested is outlined in the following table:
CompanyThe year in which the companies services were procured Purpose of
Consultancy 2011 2012 2013 2014 2015 2016 Morrow Communications
Ltd Yes Yes Yes Yes Yes Yes Provision of services in relation to outreach in rural communities with
respect to low flying geophysical survey and soil geochemical survey. Murray
Consultants Yes No No No No No Media Services to the Department. McConnells Advertising
Agency Yes Yes No No No No Public information campaign on the Digital Switchover moving from
analogue TV to Digital TV. Communications Consultants Ireland No No Yes No No No Management of
two Public Information Meetings on new Inland Fisheries Legislation
13/12/2016WRX05000Mobile Telephony Services13/12/2016WRX05100577. Deputy Michael Healy
Rae asked the Minister for Communications, Climate Action and Environment his views on a matter
(details supplied) regarding mobile phone coverage; and if he will make a statement on the
The management of radio spectrum is a statutory function of the independent regulator of the
telecommunications sector, the Commission for Communications Regulation (ComReg). Licences issued
by ComReg impose terms and conditions on mobile network operators – including minimum population
coverage obligations. ComReg monitors compliance in this regard by means of biannual drive tests. I am
critically aware of the frustration currently being experienced across Ireland, where mobile networks are
not always delivering the services people expect. Any customer, including those in County Kerry, who
experiences service difficulties should raise the matter with the service provider in the first instance. If
this fails to resolve matters, customers can refer a complaint to ComReg, who will investigate the service
provider’s compliance with its contractual obligations.
Mobile operators have invested significantly in rolling out improved services, following ComReg’s multi
band spectrum auction. At least one operator now has in excess of 90% 4G population coverage. The rate
of demand for data services has however increased by 500% in the last four years and this presents a
continuing challenge for mobile operators, regulators and policy makers both in Ireland and
internationally.
Recognising this challenge, I specifically included in the Programme for Government, a commitment to a
Mobile Phone and Broadband Taskforce. In July, I established the Taskforce, together with Minister
Humphreys, which aims to unlock barriers to investment in mobile and broadband services. The Terms of
Reference of the Taskforce state that it will identify and recommend practical actions that can be taken to
improve mobile reception and broadband access. The Taskforce has already met approximately twenty
times, with a number of helpful initiatives emerging in the areas of planning, local authority engagement,
and consumer information and engagement.
The Taskforce involves Government Departments and agencies, as well as engagement with ComReg and
telecoms operators. I anticipate that we will bring a report later this month, on foot of its work. This
report will set out specific timelines for the delivery of the recommendations and actions, including a key
role for Local Authorities in supporting the rollout of telecoms infrastructure.
Under the Programme for Government, Minister Humphreys has also established two regional action
groups to work with Local Authorities, Local Enterprise Offices, LEADER Groups and other relevant
agencies in helping accelerate the rollout of broadband and mobile services at local level.
In addition, I recently signed Regulations allowing ComReg to proceed with an early 2017 allocation of
spectrum in the 3.6GHz radio spectrum band. This will provide an 86% increase in total spectrum
available for mobile and fixed wireless services.
In my Department’s estimates for 2017 I have secured an €8m provision for RTÉ to allow it to free up the
700MHz spectrum band. ComReg in turn will make plans to allocate this spectrum, to provide for
significantly enhanced mobile coverage. The 700 MHz band is particularly suited to rural environments
where the signal can travel long distances.
These initiatives should assist in enhancing the quality of mobile phone and data services across Ireland,
and particularly in rural Ireland.
In parallel, the National Broadband Plan aims to deliver high speed broadband services to every city,
town, village and individual premises in Ireland, through private investment and a State intervention in
areas where commercial investment have not been fully demonstrated.
The procurement process is underway and the three bidders in the process have indicated that they are
proposing a predominantly fibretothehome solution for rural Ireland. Intensive dialogue with bidders is
ongoing, with a view to putting in place contract(s) that will deliver the NBP network and put Ireland to
the forefront internationally in terms of connectivity.
13/12/2016WRX05300Television Reception13/12/2016WRX05400578. Deputy Michael Healy
Rae asked the Minister for Communications, Climate Action and Environment his views on a matter
(details supplied) regarding television reception; and if he will make a statement on the
RTÉ is responsible for the rollout, coverage and operation of the SAORVIEW digital terrestrial
television (DTT) network and I, as Minister, have no function in this matter. The Broadcasting Act
2009 requires RTÉ to provide digital coverage to the same extent as provided over the previous analogue
network, i.e. 98% population coverage, and I am advised by RTÉ that this level of coverage is being
provided by the SAORVIEW TV network. For the remaining 2% of the population, RTÉ launched
SAORSAT in March 2012. The development and provision of SAORSAT, which is a “free to air”
satellite system providing access to the RTÉ channels and TG4, was undertaken by RTÉ on its own
initiative and, as in the case of the SAORVIEW DTT network, is not a matter in which I have a function.
Ireland is not the only country to have introduced a national TV network on both a terrestrial and satellite
platform. Many countries, including the UK, have developed their digital networks on both the traditional
terrestrial platform and also over satellite. The reason for this is simple. It is technically and financially
impossible to provide 100% coverage using a terrestrial TV platform. However, through SAORVIEW
and SAORSAT, Ireland now has 100% “free to air” coverage of the RTÉ channels and TG4. I would
advise the Deputy that any signal reception issues should be directed to 2rn in the first place. 2rn can be
contacted at 2rntech@2rn.ie or at (01) 2082175.
Officials from my Department contacted 2rn on this individual’s behalf, who in turn made contact to
discuss the reception issues. She was advised that she would need to hire a competent local installer to fix
any issue.
13/12/2016WRX05600Broadband Service Provision13/12/2016WRX05700579. Deputy Bernard J.
Durkan asked the Minister for Communications, Climate Action and Environment when high speed
broadband will be fully operational throughout Thomastown, Enfield, County Meath with particular
reference to the needs of local residents; and if he will make a statement on the matter. [39542/16]
Naughten):
The National Broadband Plan (NBP) aims to deliver high speed broadband services to every city, town,
village and individual premises in Ireland. The Programme for Government commits to the delivery
of the NBP as a matter of priority. This is being achieved through a combination of commercial
investment by the telecommunications sector and a State intervention in those areas where commercial
investment has not been fully demonstrated. The High Speed Broadband Map, which is available at
www.broadband.gov.ie shows the extent of the State Intervention area:
The areas marked BLUE represent those areas where commercial telecommunications providers are
either currently delivering or have previously indicated plans to deliver high speed broadband services.
The areas marked AMBER on the High Speed Broadband Map represent the target areas for the State
Intervention, which are the subject of the current procurement process.
My Department is now in a formal procurement process to select a company or companies who will roll
out a new high speed broadband network within the State Intervention Area comprising over 750,000
premises, approximately 31,000 premises of which are in Co. Meath, covering 100,000km of road
network and 96% of the land area of Ireland.
The area referred to by the Deputy falls within the AMBER area and will therefore be included in the
State intervention procurement process.
Intensive dialogue with bidders is continuing and the three bidders have indicated that they are proposing
a predominantly fibretothehome solution. Householders and businesses can expect speeds of at
least 30 megabits per second and potentially much higher with businesses potentially availing of
symmetrical upload and download speeds.
The timeframe for the procurement continues to be dependent on a range of factors including the
complexities that may be encountered by the procurement team and bidders, during the procurement
process. Bidders need adequate time to prepare detailed proposals and their final formal bids. In addition,
bidders need adequate time to get the relevant shareholder and funding approvals at key stages of the
process. It is also important to ensure that risks in this multimillion euro procurement are carefully
managed. I do not propose to comment any further on timelines at this juncture, given that discussions are
ongoing in the procurement process. I can assure the Deputy, however, that the procurement process is
being intensively managed, to ensure an outcome that delivers a futureproofed network that serves
homes and businesses across Ireland, for at least 25 years. The Government considers the NBP to be one
of the most significant investments in rural Ireland for decades, and one which will transform society,
akin to rural electrification in the last century.
During the Department’s extensive stakeholder consultations in 2015, telecommunications service
providers indicated a 35 year timeline to rollout a network of the scale envisaged under the NBP. As part
of the competitive process, the Department will engage with winning bidder(s) on the best rollout
strategy, in order to target areas of particularly poor service, business needs and/or high demand. This
will need to be balanced with the most efficient network rollout plan. A prioritisation programme will be
put in place in this regard, in consultation with the Minister for Arts, Heritage, Regional, Rural and
Gaeltacht Affairs. A detailed rollout plan for the network will be published once contract(s) are in place.
The Programme for Government also commits to measures to assist in the rollout of the network once a
contract is awarded. In this regard, Minister Humphreys is leading on the establishment of two regional
action groups, working with Local Authorities, Local Enterprise Offices and other relevant agencies to
help accelerate the broadband network build in rural Ireland, once a contract(s) has been awarded.
In a further positive initiative, last July, I established a Mobile Phone and Broadband Taskforce with my
colleague Minister Humphreys to address immediate issues in relation to the quality of mobile phone and
broadband coverage. I expect the Taskforce to report by end 2016.
I recently signed Regulations allowing ComReg to proceed with an early 2017 auction of the 3.6GHz
radio spectrum band, to provide an 86% increase in total spectrum available for mobile and fixed wireless
services. I have also secured €8m for RTE which will allow it to free up the 700MHz spectrum band,
to provide enhanced mobile services.
In the meantime, my Department continues to liaise closely with industry and relevant other Departments
and agencies to assist in the commercial deployment of telecommunications networks. The commercial
telecommunications sector has invested over €2.5bn in upgrading and modernising networks which
support the provision of high speed broadband and mobile telecoms services.
These investments should assist in significantly improving the coverage and quality of broadband and
mobile voice and data services throughout the country, including County Meath.
13/12/2016WRX05900Ministerial Correspondence13/12/2016WRX06000580. Deputy John Brady asked
the Minister for Communications, Climate Action and Environment if he has used any private unsecured
email accounts for official business; and if he will make a statement on the matter. [39580/16]
Naughten):
I wish to inform the Deputy that I use both my Department and Oireachtas email accounts for work
purposes. I do not use an unsecured account to receive or send official business emails.
13/12/2016WRX06200National Broadband Plan Implementation
13/12/2016WRX06300581. Deputy Catherine Murphy asked the Minister for Communications, Climate
Action and Environment his plans to have in place broadband in all parts of the State as part of the
national broadband plan by the year 2023 in view of the fact Ireland may be in the position of hosting the
Rugby World Cup (details supplied) in that year; and if he will make a statement on the
investment has not been fully demonstrated.
A key principle of the NBP is to support and stimulate commercial investment through policy and
regulatory measures. Commercial investment since the publication of the NBP has considerably exceeded
expectations. To date, the commercial telecommunications sector has invested c. €2.5bn in upgrading and
modernising networks which support the provision of telecoms services.
It is estimated that up to 70% or c. 1.6 m premises in Ireland will have access to commercial high speed
broadband services provided by telecommunications operators, while the remaining 30% consisting of
just over 750,000 premises will fall within the proposed State led intervention under the National
Broadband Plan. Currently approximately 1.4m premises in Ireland can access high speed broadband
from commercial service providers.
The High Speed Broadband Map, which is available at www.broadband.gov.ie shows the extent of the
State Intervention area:
out a new high speed broadband network within the State Intervention Area comprising over 750,000
premises, covering 100,000km of road network and 96% of the land area of Ireland.
a predominantly fibretothehome solution. The timing of each stage of the procurement continues to be
dependent on a range of factors including the complexities that may be encountered by the procurement
team and bidders, during the procurement process. Bidders need adequate time to prepare detailed
proposals and their final formal bids. In addition, bidders need adequate time to get the relevant
shareholder and funding approvals at key stages of the process. It is also important to ensure that risks in
this multimillion euro procurement are carefully managed. I do not propose to comment any further on
timelines at this juncture, given that discussions are ongoing in the procurement process. I can assure the
Deputy, however, that the procurement process is being intensively managed, to ensure an outcome that
delivers a futureproofed network that serves homes and businesses across Ireland, for at least 25 years.
The Government considers the NBP to be one of the most significant investments in rural Ireland for
decades, and one which will transform society, akin to rural electrification in the last century.
In a further positive initiative, last July, I established a Mobile Phone and Broadband Taskforce
with Minister Humphreys to address immediate issues in relation to the quality of mobile phone and
broadband coverage . I expect to publish the report of the Taskforce in the coming weeks.
services . I have also secured €8m for RTE which will allow it to free up the 700MHz spectrum band, to
provide enhanced mobile services.
These initiatives should assist in significantly improving the quality of broadband and mobile phone
services across Ireland, putting Ireland to the forefront internationally in terms of connectivity, and
directly benefitting major sporting events such as that referred to by the Deputy.
13/12/2016WRX06500Broadcasting Sector13/12/2016WRX06600582. Deputy Róisín Shortall asked
the Minister for Communications, Climate Action and Environment the status of the proposed
outsourcing of children’s programming from RTÉ to private production companies; his views on this
decision and the manner in which it was presented to staff members; and if he will make a statement on
the matter. [39711/16]13/12/2016WRX06700Minister for Communications, Climate Action and
RTÉ is an independent national public service broadcaster whose remit and obligations are set out in the
Broadcasting Act 2009. Section 114 (1) of the Broadcasting Act 2009 states the principal objects and
associated powers of RTÉ and Section 98 provides that it shall be independent in the pursuance of these
objects, subject to the requirements of the Act.
While it remains subject to discussion with the RTÉ Trade Union Group, RTÉ’s recent announcement
that it intends to commission its young people’s programmes from the independent sector is solely a
matter for the Board and management of RTÉ and, as such, it is not one that I, as Minister, have a role.
13/12/2016WRY0010013/12/2016WRY00150Waste Disposal Charges
13/12/2016WRY00200583. Deputy Peter Burke asked the Minister for Communications, Climate Action
and Environment if contractors (details supplied) will be reimbursed for refitting their machinery if a pay
byweight waste collection system is not made law; and if he will make a statement on the
matter. [39718/16]13/12/2016WRY00300Minister for Communications, Climate Action and
My Department is currently reviewing, together with the regulatory authorities and industry
representatives, the introduction of an incentivised pricing system, such as pay by weight, for household
waste collection. The review is due to be completed by July 2017. Incentivised pricing aims to encourage
householders to prevent, reduce and segregate their waste and also facilitates the industry in providing
householders with a range of options to manage their waste costs.
Under the Waste Management (Collection Permit) Regulations 2015 household kerbside waste must be
weighed by appropriate weighing systems and this weight reported to the householder at a frequency of at
least once a month and that only vehicles fitted with approved weighing mechanisms are authorised to
collect such waste.
Regardless of the form of incentivised pricing structure which is ultimately introduced, the weighing and
reporting of weights are vital elements of waste management policy and legislation which will drive the
prevention and segregation of waste. Such data will also greatly assist and inform current and future
developers of policy and legislation and help ensure that we deliver on the State’s waste statistics
and reporting obligations.
13/12/2016WRY00350Bord na Móna13/12/2016WRY00400584. Deputy Barry Cowen asked
the Minister for Communications, Climate Action and Environment if he will confirm that both Bord na
Móna briquette factories in Littleton, County Tipperary and Derrinlough, County Offaly will remain in
operation in the coming years and continue to supply peat briquettes here; and if he will make a statement
on the matter. [39797/16]13/12/2016WRY00500Minister for Communications, Climate Action and
Bord na Móna is a commercial State company operating under the Turf Development Acts 1946 to 1998.
The matters raised by the Deputy are operational in nature and not ones in which I, as Minister, have any
function.
13/12/2016WRY00550Bord na Móna13/12/2016WRY00600585. Deputy Barry Cowen asked
the Minister for Communications, Climate Action and Environment the position regarding progress on a
biomass briquette; the impact it will have on the briquette factories (details supplied); and if he will make
a statement on the matter. [39798/16]13/12/2016WRY00700Minister for Communications, Climate
Action and Environment (Deputy Denis Naughten):
Bord na Móna is a commercial State Company operating under the Turf Development Acts 1946 to 1998.
The matters raised by the Deputy are operational in nature and not ones in which I as Minister, have any
function.
13/12/2016WRY00750Broadband Service Provision13/12/2016WRY00800586. Deputy Michael
McGrath asked the Minister for Communications, Climate Action and Environment if his Department has
plans to extend broadband to cover an area (details supplied) in County Cork; and if he will make a
statement on the matter. [39800/16]13/12/2016WRY00900Minister for Communications, Climate Action
and Environment (Deputy Denis Naughten):
The High Speed Broadband Map, which is available at www.broadband.gov.ie, shows the extent of the
The areas marked BLUE on the High Speed Broadband Map represent those areas where commercial
telecommunications providers are either currently delivering or have previously indicated plans to deliver
high speed broadband services.
Monkstown Co. Cork, in its entirety, falls within a BLUE area and is therefore expected to be covered by
commercial operators. Individuals can check whether their premise is in a BLUE or an AMBER area
by accessing the High Speed Broadband Map and entering their Eircode.
While I cannot compel any operator to provide services to particular premises, the National Broadband
Plan aims to ensure that all premises can access high speed broadband. My Department is therefore
closely monitoring the rollout of services in the BLUE area, including Monkstown. I would encourage
consumers in Monkstown who cannot access high speed broadband services to contact my Department
directly at broadband@dccae.gov.ie, quoting their address and Eircode, and giving details of providers
they have contacted with a view to obtaining services. This information will assist the Department in
keeping track of progress in those areas and following up if necessary.
out a new high speed broadband network within the State Intervention Area including approximately
86,000 premises in Co. Cork, covering 100,000km of road network and 96% of the land area of Ireland.
broadband coverage. I expect the Taskforce to report shortly by end 2016.
services. I have also secured €8m for RTE which will allow it to free up the 700MHz spectrum band, to
provide enhanced mobile services.
telecommunications sector has invested over €2.5bn in upgrading and modernising networks which
support the provision of high speed broadband and mobile telecoms services.
These investments should assist in significantly improving the coverage and quality of broadband and
mobile voice and data services throughout the country, including County Cork.
13/12/2016WRY00950Renewable Energy Incentives13/12/2016WRY01000587. Deputy Brendan
Smith asked the Minister for Communications, Climate Action and Environment the commencement date
for the introduction of the renewable heat incentives; and if he will make a statement on the
The introduction of a Renewable Heat Incentive (RHI) is a commitment in the Programme for
Government and will be the primary support mechanism in the heating sector designed to meet Ireland’s
renewable energy obligations. The aim of the RHI is to build on the progress already made in the
renewable heating sector and to help reach Ireland’s 12% target by 2020. In 2015, 6.5% of heat was
derived from renewable sources in Ireland.
The proposed RHI scheme is aimed at supporting larger industrial and commercial installations outside of
the EU Emissions Trading System (ETS) to change to heating solutions that produce heat from renewable
sources.
Before a final decision is taken on the renewable heat technologies to be supported, there will be an
additional public consultation phase on the design of the new support scheme. The next consultation will
be published before the end of 2016 and details will be posted to the Department’s website
www.dccae.gov.ie.
Before the RHI scheme is opened for applications, the overall costs and technologies to be supported will
be subject to Government approval and State aid clearance from the European Commission. I hope to be
in a position to announce the introduction of the new scheme in the latter half of 2017.
13/12/2016WRY01150Departmental Legal Cases13/12/2016WRY01200588. Deputy Peadar
Tóibín asked the Minister for Communications, Climate Action and Environment if his Department has
been involved in any court proceedings that involved nondisclosure agreements in the past five years;
and if so, if the specific court ruling prevented knowledge of the court proceeding being known and
agreements. [39863/16]13/12/2016WRY01300Minister for Communications, Climate Action and
Following legal advice, it is considered that the provision of the information requested would undermine
and possibly breach any agreement that may have been entered into by my Department.
13/12/2016WRY01350Waste Tyre Disposal13/12/2016WRY01400589. Deputy Declan
Breathnach asked the Minister for Communications, Climate Action and Environmentthe new regulations
he expects to have in place early in 2017 pertaining to producer responsibilities for environmentally
sound management of waste tyres; the details of his proposed mandatory compliance scheme to ensure
that the vEMC levy is actually used for the measures intended by the scheme, that is, for waste
management of end of life tyres; if his attention has been drawn to the fact that there is a section of the
industry that continues to impede the producer responsibility model; and if he will make a statement on
the matter. [39880/16]13/12/2016WRY01500Minister for Communications, Climate Action and
It is my intention to introduce new regulations early in 2017 to address Ireland’s chronic waste tyres
problem.
These regulations will enable me to put in place a full compliance scheme for tyre operators, which will
be financed by a visible Environmental Management Charge (vEMC).
The Compliance Scheme will be operated by Repak End of Life Tyres (ELT) with a registration and
reporting role for the Producer Register Limited. The scheme will carry out all regulatory functions on
behalf of its members. All operators will be obliged to provide data on the numbers of tyres coming on
and off the market. This will be the first time that there will be clarity in this regard. It will be mandatory
for anyone placing tyres on the market in Ireland to join the compliance scheme.
The visible Environmental Management Charge (vEMC) will formalise the current charge which
consumers pay to retailers when purchasing new tyres. Currently the fee paid by consumers only covers
the cost of the collection of waste tyres. The new vEMC will cover the following:
Collection fee,
Transport fee,
recycling/recovery fee,
Scheme management costs,
Auditing,
Retail handling fee,
Marketing costs,
educations/awareness costs (information for public and the industry), and
Contingency Reserve.
I met with some tyre industry representatives recently. I listened to their concerns and I have done my
best to address as many of them as possible. I have also received a lot of support during the extensive
consultation that has taken place with the industry for the introduction of the scheme from other operators
in the tyre market
By introducing these new structures, I am implementing the recommendations of the Review of Producer
Responsibility Initiatives in Ireland which was published by my Department in 2014. I am convinced that
the new structures will address the lack of regulation in this market to date and address the occurrences of
stockpiles of waste tyres that could have a detrimental effect on the environment and human health.
13/12/2016WRY01550Broadband Service Provision13/12/2016WRY01600590. Deputy Tom
Neville asked the Minister for Communications, Climate Action and Environment when broadband will
be available in Monagea, County Limerick; and if he will make a statement on the matter. [39918/16]
13/12/2016WRY01700Minister for Communications, Climate Action and Environment (Deputy Denis
Naughten):
The High Speed Broadband Map, which is available at www.broadband.gov.ie shows the extent of the
Intervention, which are the subject of the current procurement process. It is intended that premises within
this area will have access to services of at least 30Mbps when the procurement process is completed and
the network rolled out.
The area referred to by the Deputy falls within the AMBER area and will therefore be included in the
State intervention procurement process. Over 750,000 premises are currently within the State
intervention area.
out a new high speed broadband network within the State Intervention Area including approximately
34,000 premises in Co Limerick, covering 100,000km of road network and 96% of the land area of
Ireland.
a predominantly fibretothehome solution. Householders and businesses may get speeds not just of 30
megabits per second but potentially up to 1000 megabits per second with businesses potentially availing
of symmetrical upload and download speeds.
Earlier this year, before I came into office, the Department announced that it would be June 2017 before
contract(s) were awarded under the NBP. The bidders in the process have recently indicated that they
may need more time to conclude the procurement process. The timing of each stage of the procurement
continues to be dependent on a range of factors including the complexities that may be encountered by
the procurement team and bidders, during the procurement process. Bidders need adequate time to
prepare detailed proposals and their final formal bids. In addition, bidders need adequate time to get the
relevant shareholder and funding approvals at key stages of the process. It is also important to ensure that
risks in this multimillion euro procurement are carefully managed. I do not propose to comment any
further on timelines at this juncture, given that discussions are ongoing in the procurement process. I can
assure the Deputy, however, that the procurement process is being intensively managed, to ensure an
outcome that delivers a futureproofed network that serves homes and businesses across Ireland, for at
least 25 years. The Government considers the NBP to be one of the most significant investments in rural
Ireland for decades, and one which will transform society, akin to rural electrification in the last century.
broadband coverage. I expect the Taskforce to report shortly.
radio spectrum band, to provide an 86% increase in total spectrum available for mobile and fixed
wireless services. I have also secured €8m for RTE which will allow it to free up the 700MHz spectrum
band, to provide enhanced mobile services.
telecommunications sector has invested over €2bn in upgrading and modernising networks which support
the provision of high speed broadband and mobile telecoms services.
These investments will further improve the coverage and quality of broadband and mobile voice and data
services throughout the country, including County Limerick.
13/12/2016WRY01775Commission for Energy Regulation13/12/2016WRY01800591. Deputy Michael
HealyRae asked the Minister for Communications, Climate Action and Environment his views on a
matter (details supplied) regarding the use of 1850 numbers; and if he will make a statement on the
The Commission for Communications Regulation (ComReg) manages and administers the National
Numbering Scheme which lists all numbers and codes that are available for use on public
telecommunications networks. ComReg, which is independent in the exercise of its functions, has
established a variety of access code types, in accordance with international norms, including:
geographic numbering where charges are incurred by the caller at a local or national rate;
1850 numbers which share the costs between the caller and the service provider at a fixed rate when
called from a fixed line number, and
1890 numbers which share the costs between the caller and the service provider having regard to the
duration of the call when called from a fixed line number.
While I cannot compel public bodies to use or display any particular telephone access codes in preference
to alternative codes available, I would draw the Deputy’s attention to arrangements in my Department
which operates an 1890 locall option for users contacting my Department from fixed line numbers and a
standard 016782000 access code which allows mobile phone users to contact my Department at the
standard rate charged by their service provider or within their bundled minutes package.
I understand that ComReg is currently reviewing the use of the 1850 number together with four other
classes of nongeographicnumbers in Ireland: ‘1800’, ‘1890’, ‘0818’ and ‘076’. The purpose of the
review is to gather and analyse information that will allow it to substantiate, or otherwise, concerns
regarding the use of nongeographic numbers at the retail level. The review will also take into account
the requirement to ensure that these classes of numbers are used in a manner which promotes competition
and protects consumers.
I understand that ComReg intends to publish a Consultation document in Q1 2017, which will set out the
findings from the review and, where regulatory issues have been identified, may include a range of
regulatory options designed to improve the functioning of nongeographic numbers for consumers.
13/12/2016WRY01950Postal Services13/12/2016WRY02000592. Deputy Thomas P. Broughan asked
the Minister for Communications, Climate Action and Environment when he last met formally with the
CEO and chairperson of An Post; the issues discussed; when he will next meet the CEO and chairperson;
and if he will make a statement on the matter. [39966/16]13/12/2016WRY02100Minister for
Communications, Climate Action and Environment (Deputy Denis Naughten):
My most recent formal meeting with the Chairman and Chief Executive of An Post took place on 24
November 2016. We had a wide ranging discussion on the postal sector and, in particular, the challenges
facing An Post in light of the acceleration of the trend in mail volume decline and the impact of the
recent pay increase on the company financials.
In light of the challenges facing An Post, I have secured Government approval to bring forward
legislation to provide for the repeal of section 30 of the Communications Regulation (Postal Services) Act
2011 in order to give An Post greater pricing freedom for mail products.
Last week An Post announced that it was undertaking a major strategic review which will consider the
scale, scope and structure of the company for the longterm, taking into account major technology and
market shifts. An Post expects this review will be completed by May 2017.
Both I and my Department will continue to maintain ongoing communication with An Post and further
meetings with the Chairperson and Chief Executive will be arranged as required.
13/12/2016WRY02150Renewable Energy Incentives13/12/2016WRY02200593. Deputy Charlie
McConalogue asked the Minister for Communications, Climate Action and Environment his plans for the
introduction of a renewable heat incentive for the production of solar electricity; and if he will make a
statement on the matter. [40032/16]13/12/2016WRY02300Minister for Communications, Climate Action
and Environment (Deputy Denis Naughten):
The Programme for Government contains a commitment to facilitate the development of solar
photovoltaic (PV) projects for electricity production in Ireland. This builds on the Energy White Paper
published in December 2015 and recognises that solar PV also has the potential to provide a community
dividend, thereby also enhancing citizen participation in Ireland’s energy future. With this in mind, solar
PV is one of the technologies being considered in the context of a new support scheme for renewable
electricity generation, which is under development by my Department.
The new Renewable Electricity Support Scheme (RESS) will be subject to Government approval and
State aid clearance from the European Commission, and pending those decisions is expected to become
available in late 2017.
A Renewable Heat Incentive (RHI) support scheme is also under development by my Department.
This Scheme is aimed at supporting larger industrial and commercial installations outside of the EU
Emissions Trading System (ETS) to change to heating solutions that produce heat from renewable
sources, including solar thermal heating solutions.
Before a final decision is taken on the renewable heat technologies to be supported under the RHI, there
will be an additional public consultation phase on the design of the new support scheme. The next
consultation will be published before the end of this year and details will be posted to the Department’s
website www.dccae.gov.ie. The RHI is expected to be open for applications in the latter half of 2017.
The Deputy might also be interested to know that the Sustainable Energy Authority of Ireland currently
provides supports for the use of solar thermal heating technology to both large industry and SMEs.
Households can also avail of grant support for investment in renewable energy installations, including
solar thermal, under the Better Energy Homes Scheme.
13/12/2016WRY02350Grant Payments13/12/2016WRY02400594. Deputy Brendan Griffin asked
the Minister for Communications, Climate Action and Environment if grant aid is availiable to businesses
or farmers to connect a three phase electricity supply; and if he will make a statement on the
My Department does not administer grant aid for such a scheme.
The Farm Electrification Grant Scheme (FEGS) was administered and funded through the former
Department of Community Equality and Gaeltacht Affairs (DCEGA) and then by the Department of
Environment, Community and Local Government from January 2005 to 31 December 2011. The scheme
is no longer in operation. In that time, however, some €511,000 was paid to farmers under the scheme to
subsidise the installation of electricity supply to farms located in disadvantaged areas which were without
supply or where supply was inadequate to facilitate their development and modernisation. The maximum
grant payable was €508 for singlephase supply and €1,016 for 3phase supply.
Currently, the levying of connection charges is an operational matter for ESB Networks. ESB Networks
operates the distribution network on the electricity grid. This is the medium and low voltage electricity
network used to deliver electricity to connection points such as houses, offices, shops, business premises,
and street lights. ESB Networks is responsible for building, maintaining and operating the distribution
level network infrastructure including all overhead electricity lines, poles and underground cables used to
bring power to Ireland’s customers.
Tariffs and charges levied by ESB Networks are regulated by the Commission for Energy Regulation
(CER), a statutorily independent body. In order to ensure that only equitable levels costs are collected
through these tariffs, the CER carries out annual reviews of ESB Networks’ costs incurred in developing,
maintaining and operating the distribution system.
Further information on the levying of charges on electricity customers and complaints in relation to
connection the electricity network should be addressed to the CER who may be contacted at 01 4000800,
1890 404 404, energycustomers@cer.ie or Commission for Energy Regulation, The Exchange, Belgard
Square North, Tallaght, Dublin 24.
13/12/2016WRY02550Legislative Programme13/12/2016WRY02600595. Deputy Michael
Moynihan asked the Minister for Communications, Climate Action and Environment the name and
number of Bills in preparation in his Department and published by his Department since May 2016; the
Stage each Bill is at in the Houses of the Oireachtas; the number of Bills from his Department signed into
law; and if he will make a statement on the matter. [40131/16]13/12/2016WRY02700Minister for
Communications, Climate Action and Environment (Deputy Denis Naughten):
The Energy Act 2016 (No. 12 of 2016) was signed into law on 30 July 2016.
The Minerals Development Bill, which aims to modernise and consolidate mineral development
legislation, was published on 9 July 2015. The Bill passed the Report Stage in the Seanad on 14 October
2015. The Drafting of the Committee Stage amendments, including certain complex legal provisions, are
currently being progressed with the Parliamentary Council before progressing to second stage in the Dail.
I expect, subject to Government approval, to be in a position to publish the Communications Regulation
(Postal Services) (Amendment) Bill 2016 next week. This Bill will repeal section 30 of the
Communications Regulation (Postal Services) Act 2011 in order to remove the price cap mechanism
currently applying in respect of certain postal services.
There are a number of other Bills currently in preparation in my Department which are listed in
the following table:
Communications Climate Action and Environment
Bill Purpose Stage of each Bill Amendment to the radiological protection act 1991 Primary Legislation to
deal with the Mulcreevy issues in the Radiological Protection Act 1991 and to give effect to the transfer of
the functions therein from the Minister for Housing to the Minister for Communications, Climate Action
and EnvironmentConsideration of the best legislative solution to address this matter is
ongoing. Broadcasting (Amendment) Bill To amend the Broadcasting Act 2009 to implement the
Government Decision of July 2013 on the BAI 5 year review of public funding. The General Scheme of a
Bill is currently being prepared. Digital Hub Development Agency (DHDA) (Dissolution) Bill To
dissolve the DHDA, repeal the DHDA Act 2003, and to give effect to the merger between the DHDA and
Dublin City Council It is anticipated that the General Scheme of Bill will be submitted to Government in
Quarter 1 2017. Geothermal Energy Development Bill To provide a legislative framework for the vesting,
licensing and regulation of the development of geothermal energy The drafting of the Bill is currently
underway. Many of the provisions proposed are based on aspects of the Minerals Development Bill, which
updates a range of Acts dating from 1940. It was decided therefore to proceed with the Minerals
Development Bill first. Foyle Fisheries (Amendment) Bill To modernise the Foyle Fisheries Act 1952. All
amendments are required to be mirrored in the Irish Statute Book and in the legislation of Northern
Ireland. Due to implications arising from the UK Referendum and other concerns on the Northern side,
the drafting of Heads of the Bill has been postponed. Inland Fisheries (Amendment) Bill To confirm that
IFI has the power to prosecute under the Inland Fisheries Act 2010 and the power to prohibit purchase and
possession of certain fish It is anticipated that the text of the Bill will be submitted to Government in
Quarter 2 2017. Inland Fisheries (Modernisation & Consolidation) Bill To modernise and consolidate
existing provisions of legislation governing the inland fisheries sector It is anticipated that the Heads of
the Bill will be submitted to Government in the first half of 2017.
Details of the Government’s full Legislation Programme is available on www.taoiseach.gov.ie.
13/12/2016WRY02788Charitable and Voluntary Organisations
13/12/2016WRY02800596. Deputy Eamon Ryan asked the Minister for Communications, Climate
Action and Environment the requirement which his Department is placing on environmental organisations
to register as charities will not in any way restrict their abilities to advocate for the policy changes needed
to end biodiversity loss, stop climate change and protect human health and the environment. [40183/16]
13/12/2016WRY02900Minister for Communications, Climate Action and Environment (Deputy Denis
Naughten):
The Charities Act 2009, under which the Charities Regulatory Authority was established, falls under the
remit of the Minister for Justice and Equality.
It is my understanding that once an organisation promotes charitable purpose(s) only, it is permitted to
engage in advocacy, lobbying and/or campaigning work once this work relates directly to furthering these
charitable purpose(s). However, I have no function in the decisions relating to the granting of charitable
status by the Charities Regulatory Authority.
13/12/2016WRY02950Departmental Staff Redeployment13/12/2016WRY03000597. Deputy Marc
MacSharry asked the Minister for Communications, Climate Action and Environment if he will provide
all examples of entire units that have been recentralised back to Dublin from within his Department; his
Department’s rationale for such moves; and if Cabinet approval was sought and given in each
case. [40474/16]13/12/2016WRY03100Minister for Communications, Climate Action and
My Department has decentralised offices situated in Cavan and Wexford Towns and these offices have
responsibility for delivering on a range of the Department’s business areas. No business units from this
Department have been recentralised back to Dublin from regional locations.
13/12/2016WRY03150Environmental Policy13/12/2016WRY03200598. Deputy John Brady asked
the Minister for Transport, Tourism and Sport if his Department has considered a possible ban on diesel
vehicles; and if he will make a statement on the matter. [39606/16]13/12/2016WRY03300Minister for
Transport, Tourism and Sport (Deputy Shane Ross):
My Department has not considered introducing a ban on diesel vehicles.
Policy in relation to alternative fuels and air quality falls primarily within the remit of my colleague the
Minister for Communications, Climate Action and the Environment. Our Departments work together
closely on matters of mutual interest.
Ireland has expressed its intention, through a national policy position, to transition to a low carbon
economy by 2050. Switching to the use of alternative fuels and technologies will be an integral part of
the transport sector’s efforts to decarbonise. This will be reflected in Ireland’s first National Mitigation
Plan, which is due to be published in 2017. It is also reflected in my Department’s recent draft policy
framework on infrastructure for alternative fuels, on which a public consultation recently closed.
Transitioning away from the use of oil over the coming decades will not only help to meet climate
objectives but it will also have cobenefits in terms of air quality. It is expected that the transport sector
will move predominantly to electricity for passenger cars, commuter rail and taxis by 2030. Natural gas,
along with some electrification, will provide an interim alternative solution for larger road vehicles
freight and buses. It is envisaged that biofuels will continue to play a role over the next ten years or so.
In the future, to fulfill our national ambition for transition to lower emitting vehicles (LEVs), a wide
range of measures will be required. The potential benefits of introducing low emissions zones in urban
areas will be considered in this context. To date, the introduction of low emissions zones in other
countries have been spearheaded by city authorities for air quality purposes. It may also be necessary, in
future years, to consider a ban on the sale or import of petrol and diesel fuelled cars, particularly if there
is a need to accelerate the low carbon trajectory for transport or if a similar approach to restricting sales of
such vehicles is being adopted across the rest of Europe.
Such measures can be given consideration over time and as required to underpin the transition to
alternative fuels.
13/12/2016WRY03350Road Traffic Offences13/12/2016WRY03400599. Deputy James Browne asked
the Minister for Transport, Tourism and Sport his plans to increase the maximum sentence for drink
driving from ten years to 14 years in line with the UK laws; and if he will make a statement on the
matter. [39722/16]13/12/2016WRY03500Minister for Transport, Tourism and Sport (Deputy Shane
Ross):
At present, the maximum penalty for drink driving offences is six months in prison and a fine of up to
€5,000. There is also a consequential disqualification which is based on a scale, depending on the level
of alcohol and whether or not it is a first offence. Disqualifications on this scale range from a minimum
of 6 months to a minimum of 6 years.
The 10year sentence to which the Deputy refers is for dangerous driving causing death or serious injury.
In this case the maximum penalty is 10 years and/or a fine of up to €20,000. There is also a
disqualification of at least 4 years in the case of a first offence and at least 6 years in the case of a second
or subsequent offence. I would remind the Deputy that these disqualification periods are the minimum a
lifetime ban is a possibility, at the discretion of the Judge, having regard to the facts of the case.
While there are no plans at present to extend the imprisonment term for drink driving offences, road
traffic law is constantly under review.
13/12/2016WRY03550Rail Services13/12/2016WRY03600600. Deputy Micheál Martin asked
the Minister for Transport, Tourism and Sport the steps he has taken to ensure implementation of
Ireland’s commitment within the Fresh Start agreement to improve crossBorder rail services. [39917/16]
13/12/2016WRY03700Minister for Transport, Tourism and Sport (Deputy Shane Ross):
The Northern Rail Line plays an important role in linking communities North and South of the
Border. I met with Northern Ireland’s Infrastructure Minister, Chris Hazzard, on Monday the 12
December under the auspices of the North South Ministerial Council. This provided an opportunity to
further develop cooperation between our respective Departments on strategic transport priorities. The
rail link between Belfast and Dublin was among the issues discussed. Iarnród Éireann and Translink have
established a joint Enterprise Board chaired by the CEO’s of both companies aimed at implementing
improvements to the Enterprise cross border Dublin/Belfast service.
While the main emphasis of funding for the rail network in the Capital Plan is on the maintenance of the
existing network to ensure it remains safe and fit for purpose, funding has been allocated for
electrification of the Northern Line as far as Balbriggan. Funding has also been allocated for the
completion of the City Centre Resignalling Programme and the construction of a new Central Traffic
Control Centre which will enable the DART expansion projects to progress as well as generally
improving national rail movements including the Enterprise service. As the Deputy will be aware, the
National Transport Authority (NTA) recently launched a public consultation process on the Rail Review
report which was jointly prepared by NTA and Iarnród Éireann. The purpose of the consultation exercise
is to open up a public discussion on the role of rail in Ireland and the funding of the rail network and
services. The public consultation process will run until 18 January and the NTA will then prepare a
report about the process which I intend to bring to Government. No decisions will be made on the future
of the rail network until the public consultation process has concluded and been evaluated.
13/12/2016WRY03750Vehicle Clamping13/12/2016WRY03800601. Deputy Michael McGrath asked
the Minister for Transport, Tourism and Sport if all the provisions of the Vehicle Clamping Act 2015
have now been signed into law; the rules that now apply in relation to maximum clamp release charges;
the provisions for an appeal mechanism; and if he will make a statement on the matter. [39375/16]
The Vehicle Clamping Act has not yet been commenced. The Act requires amendment in order to correct
an error in how it deals with the consultation process before making required Regulations. This necessary
amendment is being introduced within the Road Traffic Bill 2016 which last week completed Dáil
Committee Stage and is expected to complete all Oireachtas stages before the Christmas recess, subject to
Oireachtas scheduling. Once that Bill is enacted I will then be able to commence the Vehicle Clamping
Act.
Upon commencement it will be the function of the National Transport Authority (NTA) to regulate
clamping activities wherever they take place, including the determination of maximum clamp release fees
in private car parking areas, as well as the establishment of a twotier clamping appeals process and
separate complaints procedure to consider complaints from members of the public in relation to clamping.
I look forward to commencing this Act very shortly.
13/12/2016WRY03950Sports Events13/12/2016WRY04000602. Deputy Thomas Pringle asked
the Minister for Transport, Tourism and Sport the reason there is no competition licence here for younger
shooters that wish to compete at international skeet events on behalf of Ireland unlike in other
jurisdictions in which younger shooters can acquire a special licence while under special guidance of a
team manager; and if he will make a statement on the matter. [39434/16]13/12/2016WRY04100Minister
of State at the Department of Transport, Tourism and Sport (Deputy Patrick O’Donovan):
Neither I nor Sport Ireland have any responsibility in relation to the matter raised by the Deputy. The
Deputy may wish to enquire with the Irish Clay Pigeon Shooting Association (ICPSA), which is the
National Governing Body for clay shooting. All National Governing Bodies, including the ICPSA, are
independent, autonomous bodies and are responsible for the competition rules for their sports.
13/12/2016WRY04150Departmental Expenditure13/12/2016WRY04200603. Deputy Niall Collins asked
the Minister for Transport, Tourism and Sport the total photography costs for his Department per annum
since March 2011 inclusive of costs incurred from use of the ministerial allowance in tabular form; the
The details of photography bookings from 2011 to 2015, including the cost of these incurred by my
Department, are published on the Department’s website at the following
link:http://www.dttas.ie/corporate/english/photographycosts.
The details and costs for 2016 will be collated and published in early 2017.
It is the policy of the Department that photography costs are kept to a minimum and services are provided
inhouse by staff. Where services are contracted, best value is sought and a number of quotes are
obtained. Services are contracted out on an exceptional basis only.
13/12/2016WRY04350Consultancy Contracts Data13/12/2016WRY04400604. Deputy Niall
Collins asked the Minister for Transport, Tourism and Sport the external consultant reports commissioned
by his Department since March 2011 per annum in tabular form; the costs per report; the company
involved; the title of the report; and the publication date. [39494/16]
13/12/2016WRY04450605. Deputy Niall Collins asked the Minister for Transport, Tourism and Sport the
details of the use of external public relations firms employed by his Department per annum since March
2011 in tabular form; the list of uses of the external public relations firm; the internal Department policy
with regard to employing external groups; and if he will make a statement on the matter. [39510/16]
Details of external services, including consultancies and public relations firms as requested by the
Deputy, are available from my Department’s website at the following
link http://www.dttas.ie/corporate/publications/english/expenditureexternalservices2016. This
document is updated twice yearly, the information for January to June 2016 is currently available and
information relating to the second half of 2016 will be available early in 2017.
It is the policy of the Department in the exercise of its functions to use internal resources as far as
possible. Consultants are hired occasionally in circumstances where particular expertise is not available
internally and/or where it is deemed to add value and independence to the overall work of the
Department. Procurement is undertaken in accordance with the Department’s procurement policy and
procedures manual which provides for the implementation of the national procurement
guidelines published at: http://etenders.gov.ie/Media/Default/Page/Public_Procurement_Guidelines_
_Competitive_Process_2010.pdf
13/12/2016WRY04650Road Traffic Offences13/12/2016WRY04800606. Deputy Thomas P.
Broughan asked the Minister for Transport, Tourism and Sportif he has liaised with his colleague, the
Tánaiste and Minister for Justice and Equality, in respect of the seemingly serious inconsistencies in
District Court decisions on speeding offences; and if he will make a statement on the matter. [39522/16]
I appreciate the Deputy’s concerns and share them. Therefore, I intend to engage with my colleague, the
Tanaiste and Minister for Justice and Equality to assess how best, as legislators, the government may
assess the consistency and effectiveness of sentencing regarding road traffic offences.
13/12/2016WRZ0010013/12/2016WRZ00200Road Safety13/12/2016WRZ00300607. Deputy Thomas P.
Broughan asked the Minister for Transport, Tourism and Sport his plans to address the increase in road
deaths in 2016 and to ensure 2017 will be a much safer year on Irish roads; and if he will make a
statement on the matter. [39523/16]13/12/2016WRZ00400Minister for Transport, Tourism and
Sport (Deputy Shane Ross):
While road fatalities in 2015 at 162 matched those in 2012, making it Ireland’s joint safest year on record,
the reality is that each of those deaths is one too many, and there has been an overall upward trend in road
fatalities in Europe and in the US over the last few years, and regrettably in Ireland this year.
The RSA and all relevant stakeholders met on 21 November 2016, to carry out a midterm review of the
Road Safety Strategy 2013 2020. The focus of this review was on the measures already introduced and
the initiatives required to improve the country’s road safety performance. While there is good progress on
implementation of much of the Srategy, more recent trends are concerning and challenges remain in many
areas. I expect the RSA to submit the review to me early in the new year. At a Ministerial Committee on
Road Safety last month, we focused on the rise in fatalities in 2016 and all stakeholders undertook
to explore what further measures can be taken to address these, including in the light of the midterm
review. We agreed that there was a case for a more concentrated focus on the four principal causes of
fatal accidents, namely speed, the presence of intoxicants, nonwearing of seatbelts and the use of mobile
phones.
In an effort to address some of these issues, I have been committed to progressing the Road Traffic Bill
2016 through the Oireachtas as a matter of urgency. It contains relevant provisions to tackle speed and the
presence of intoxicants. It is hoped that this Bill will be signed into law within the coming weeks.
I hope that the efforts by the RSA to launch renewed road safety campaigns including regarding lowlevel
speeding, alcohol and driving, and the midterm review of the Road Safety Strategy, together with greater
enforcement by An Garda Síochána, will have an impact on road safety in 2017 and beyond.
13/12/2016WRZ00500Road Safety13/12/2016WRZ00600608. Deputy Thomas P. Broughan asked
the Minister for Transport, Tourism and Sport if he and his Department have held any meetings with the
Society of the Irish Motor Industry, SIMI, and major manufacturers of vehicles selling here with regard to
improving vehicle safety systems; and if he will make a statement on the matter. [39524/16]
13/12/2016WRZ00700Minister for Transport, Tourism and Sport (Deputy Shane Ross):
The RSA has statutory responsibility for the oversight and development of standards for the construction,
equipment and use of vehicles, including the drafting of regulatory proposals and the furnishing of advice
to my Department in relation to same. It is in this capacity that they attend quarterly technical meetings of
the Society of the Irish Motor Industry where evolving vehicle safety and other technologies are
discussed.
Improved vehicle safety standards is one of the key pillars of road safety, the importance of which is
reflected in action 64 of the Government’s Road Safety Strategy 20132020 which commits the RSA to
research emerging invehicle road safety technologies and to make recommendations on their
introduction. The RSA is currently investigating the road safety effectiveness of such technologies,
including pedestrian and cyclist detections systems, with a view to their possible introduction to the
national fleet. It must be noted though that mandatory EUwide improvement in vehicle safety systems is
regulated through EU Type Approval Regulations.
Given that a comprehensive approach to improved road safety requires ever improving vehicle safety
standards, the road safety benefits that can be accrued from the application of advanced vehicle
technologies to both the national and EU vehicle fleet (passenger cars, light and heavy commercial
vehicles etc.) are substantial. It is with this in mind that I have joined with my European counterparts in
requesting that the EU Commission speed up their review of the EU’s General and Pedestrian Safety
Regulations, and that they come forward with a proposal for ambitious new vehicle safety standards in
2017 to assist Member States to halve the number of road deaths across the EU by 2020.
13/12/2016WRZ00800Driver Licences13/12/2016WRZ00900609. Deputy Thomas P. Broughan asked
the Minister for Transport, Tourism and Sport the current position with regard to the licensing of self
drive cars; if his attention has been drawn to the fact that any of the new sensor technology on selfdrive
vehicles can be applied generally to normally driven vehicles; and if he will make a statement on the
matter. [39525/16]13/12/2016WRZ01000Minister for Transport, Tourism and Sport (Deputy Shane
Ross):
Irish driver licensing law, which operates within a framework of EU driver licensing law, currently works
on the assumption that a vehicle is under the control of a driver. Any future approach to the question of
who would be responsible for an autonomous vehicle would have to be considered carefully, and I would
anticipate that this would be addressed ultimately at EU level.
Around the world, industry and research groups are working on technologies which are transferring
driving functions from human drivers to computer systems. While some of these new technologies are
taking over certain parts of the driving function, others are intended to fully replace the human driver.
Transferring more of the traditional manual driving function to automated systems may mitigate the risks
associated with human error as a factor in many road traffic collisions. However, the potential impact of
the deployment of autonomous vehicles raises many questions, the answers to which are multifaceted
involving ethical, legal, technical and economic dimensions.
The European Commission is looking to develop a European strategy on connected and automated
driving and is currently in the process of developing Regulations to support its future implementation. It
is expected that the Commission’s Connected Intelligent Transport Systems (CITS) deployment platform
will furnish EU Member States with various policy recommendations for the development of a roadmap
for CITS and the identification of solutions for critical areas of concern in relation to such vehicles, as
well as facilitating the development of a shared vision for the interoperable deployment of CITS.
13/12/2016WRZ01100Ministerial Correspondence13/12/2016WRZ01200610. Deputy John Brady asked
the Minister for Transport, Tourism and Sport if he has used any private unsecured email accounts for
official business. [39592/16]13/12/2016WRZ01300Minister for Transport, Tourism and
I have an official Oireachtas email account and, since my appointment as Minister, an official
Departmental email account. I have not, and do not, use private email accounts for official business.
13/12/2016WRZ01400Taxi Data13/12/2016WRZ01500611. Deputy Joan Burton asked the Minister for
Transport, Tourism and Sport the number of wheelchair accessible taxis in each county; the number of
wheelchair accessible taxis which became available under the new grant system set up in 2014; the
number of grants which were given to individual drivers; the number and size of the grants given to multi
plate holders; and if he will make a statement on the matter. [39596/16]13/12/2016WRZ01600Minister
for Transport, Tourism and Sport (Deputy Shane Ross):
The regulation of the small public service vehicle (SPSV) industry, including the granting of wheelchair
accessible taxi/hackney licences and the administration of grant schemes for wheelchair accessible
vehicles, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi
Regulation Act 2013.
I have referred your question to the NTA for direct reply to you. Please advise my private office if you do
not receive a response within 10 working days.
13/12/2016WRZ01700Taxi Regulations13/12/2016WRZ01800612. Deputy Joan Burton asked
the Minister for Transport, Tourism and Sportthe number of vacancies on the Taxi Advisory Council; the
time each vacancy has been left unfilled; when he proposes to fill the vacancies; and if he will make a
There are currently five vacancies on the Taxi Advisory Committee (TAC), four of which are vacant
since 31st July 2015, when the term of office of the membership of the last TAC expired.
I am currently reviewing these appointments and will be making an announcement shortly. The fifth
vacancy arose on 19th September 2016 with the resignation of the Local Authority representative on the
Committee, arising from his move to another area of responsibility. I have recently approved the filling of
this position.
13/12/2016WRZ02000Sports Events13/12/2016WRZ02100613. Deputy Catherine Murphy asked
the Minister for Transport, Tourism and Sport the funding he has made available for the Rugby World
Cup bid 2023 to date in 2016; the amount he has committed to 2017; the organisations that are in receipt
of funding broken down by amount and organisation in tabular form; and if he will make a statement on
the matter. [39611/16]13/12/2016WRZ02200Minister for Transport, Tourism and Sport (Deputy Shane
Ross):
The Irish Rugby Football Union (IRFU) is engaged in the preparation of an allisland bid to host the
Rugby World Cup in 2023. The Government is committed, in cooperation with the Northern
Authorities, to support the bid. As part of that commitment, the Government has agreed to contribute just
over €1.2 million to the overall cost of preparing the bid. The remainder is being funded by the Northern
Ireland Executive and the IRFU.
To date, an amount of €800,000 has been provided by my Department to Fáilte Ireland to enable that
Agency to provide grant aid to the IRFU to assist in the development of the bid. This grant aid is
provided in stages to the IRFU subject to the delivery of the milestones in its contract with Fáilte Ireland.
The balance of the Government’s contribution of €420,000 is due to be paid to Fáilte Ireland in 2017
and, subject to delivery of the terms of the contract, will be paid to the IRFU.
13/12/2016WRZ02300Irish Coast Guard Issues13/12/2016WRZ02400614. Deputy Brendan Griffin asked
the Minister for Transport, Tourism and Sport his views on a matter (details supplied); and if he will
make a statement on the matter. [39638/16]13/12/2016WRZ02500Minister for Transport, Tourism and
I refer the Deputy to my response to PQ Ref: 38795/16 on 7 December 2016, which outlined the
legislative provisions that underpin the activities of the Irish Coast Guard and my views on the matters to
which he refers.
13/12/2016WRZ02600Driver Licences13/12/2016WRZ02700615. Deputy Clare Daly asked the Minister
for Transport, Tourism and Sport if his attention has been drawn to the fact that the legal requirements for
driving licence applications are set out in the Road Traffic (Licensing of Drivers) Regulations 2006, SI
537 of 2006, as amended; if his attention has been further drawn to the fact that the regulations include
the statutory application form for a driving licence, known as form D401; if his attention has been drawn
to the fact that the most recent update to the statutory form was by SI 420 of 2013; if his attention has
been further drawn to the fact that the driving licence application form currently being used by the
National Driver Licence Service differs from the statutory form contained in SI 420 of 2013; if the
National Driver Licence Service or any other agency has the authority to change or alter the statutory
driving licence application form as contained in SI 420 of 2013; and if he will make a statement on the
Ross):
I am aware of these matters, and I am in the process of preparing regulations to update this form.
I have taken legal advice, and I am satisfied that the form D401 being used at present by the National
Driver Licensing Service, while not in every respect identical to that currently specified in regulations, is
a valid version of the form in light of section 12 of the Interpretation Act.
13/12/2016WRZ02900Transport Infrastructure Ireland Projects
13/12/2016WRZ03000616. Deputy Thomas Pringle asked the Minister for Transport, Tourism and
Sport when the N56 Mountcharles to Inver Bridge realignment will receive funding to go to construction;
and if he will make a statement on the matter. [39656/16]13/12/2016WRZ03100Minister for Transport,
Tourism and Sport (Deputy Shane Ross):
As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in
relation to the national roads programme. The planning, design and operation of individual national road
projects is a matter for the Transport Infrastructure Ireland (formerly known as the NRA) under the Roads
Acts 19932015 in conjunction with the local authorities concerned.
Noting the above position, I have referred your question to TII for direct reply. Please advise my private
office if you don’t receive a reply within 10 working days.
13/12/2016WRZ03200Rail Services Provision13/12/2016WRZ03300617. Deputy Michael Harty asked
the Minister for Transport, Tourism and Sport the steps he will take to ensure the future of the Ennis to
Athenry rail line; and if he will make a statement on the matter. [39665/16]
The National Transport Authority (NTA) is currently running a public consultation on rail in Ireland. It
was launched with the publication of the Rail Review 2016 which the NTA undertook in conjunction
with Iarnród Éireann together with an NTA consultation document “The Role of Rail in Ireland and
Funding its Delivery”. Both documents are available on the NTA’s website.
The NTA’s public consultation will run until 18th January. Through the consultation process, the public
and interested parties have an opportunity to contribute to the debate on the future of rail. The purpose of
the public consultation is to open up a public discussion on the role of rail and its funding and to provide
factual material to inform that discussion. The NTA will then prepare a report about the consultation
process which I intend to bring to Government.
While there has been much speculation regarding the future of individual rail lines, I want to stress that
no decisions will be taken on any of the options identified in the Review in advance of the full process of
public consultation.
13/12/2016WRZ03500Flood Relief Schemes13/12/2016WRZ03600618. Deputy Michael Harty asked
the Minister for Transport, Tourism and Sport if a plan is being developed with the Office of Public
Works and Clare County Council to prevent recurring flooding on the Ennis to Limerick rail line; and if
he will make a statement on the matter. [39666/16]13/12/2016WRZ03700Minister for Transport,
As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in
relation to public transport. The maintenance of the heavy rail network is an operational matter for
Iarnrod Éireann (IÉ).
My Department provides funding to IÉ for the maintenance and renewal of the heavy rail network
nationwide under a contract, the Infrastructure Manager MultiAnnual Contract (IMMAC), in accordance
with EU law. The current contract covers a five year period from 2014 2018. Funding of €126m was
provided to IÉ under the provisions of the IMMAC in 2016.
The Deputy will also be aware that additional funding of €96.1m was allocated to my Department for
flood repairs to storm damaged roads and rail lines. €8m was specifically ringfenced for repair of flood
damage to the rail network, and has been directed to IÉ to carry out the necessary repair and remediation
works.
In view of IE’s responsibility for maintenance of the rail network, I have referred the Deputy’s question
to the company for direct reply. Please advise my private office if you don’t receive a reply within 10
working days.
13/12/2016WRZ03800Rail Services Provision13/12/2016WRZ03900619. Deputy Catherine
Murphy asked the Minister for Transport, Tourism and Sport the rail stations at which wheelchair users
can independently access train services; the rail stations at which wheelchair users are required to give
advance notice in order to access the train service; the number in each of the cases of hours that the
station is unmanned; his plans to upgrade stations in order that rail services are fully accessible by
wheelchair users without having to give advance notice; his estimate of the cost; and if he will make a
Accessibility is a fundamental consideration when developing the public transport network. Accessibility
features are built into all new infrastructure projects and vehicles from the design stage and newer
systems such as the Luas are fully accessible. With regard to existing infrastructure, my
Department funds an ongoing programme of accessibility improvement grants to upgrade existing public
transport infrastructure and facilities. This programme is being managed by the National Transport
Authority (NTA) on behalf of my Department.
I understand that at present at least 84 out of the 143 railway stations on the Iarnród Éireann network
have received accessibility upgrades or were constructed new to accessibility standards. Accessibility
upgrades are planned for several stations in 2017 and recently construction works commenced at
Rathdrum, Mullingar and Leixlip Louisa Bridge stations. Some lightly used stations may not be fully
upgraded and instead, passengers with mobility impairments within the catchment area of these
stations will continue to be facilitated by Iarnród Éireann through the provision of a taxi or hackney to the
nearest accessible station; this is arranged at a local level.
Details regarding rail stations at which wheelchair users can access train services, the amount of advance
notice required to access the train service and the hours during which certain stations are unmanned are
operational matters for Iarnród Éireann. Future plans and allocation of funding for upgrade to rail
stations are matters for the NTA who, as mentioned above, administer the accessibility grants
programme.
I have therefore forwarded the Deputy’s question to both Iarnród Éireann and the NTA for direct reply in
relation to the matters raised within their respective spheres of of responsibility. Please advise my private
office if you do not receive replies within ten working days.
13/12/2016WRZ04100Road Improvement Schemes13/12/2016WRZ04200620. Deputy John
McGuinness asked the Minister for Transport, Tourism and Sport if he will initiate an analysis of the
work required to be undertaken to make safe the Piltown Fiddown, County Kilkenny, bypass N24 in
view of the number of fatal accidents and other accidents that have occurred on this stretch of road; if
priority will be given to solving the safety issues at the Piltown / Tower Road Junction, N24, County
Kilkenny in view of the number of fatalities that have occurred at this junction; if a flyover will be
considered as part of the solution as requested by the local community in 2006; if he will visit the location
to view the issues and meet the local community; and if he will make a statement on the
Ross):
relation to the national roads programme.
The planning, design and operation of individual national road projects is a matter for the Transport
Infrastructure Ireland (formerly known as the NRA) under the Roads Acts 19932015 in conjunction with
the local authorities concerned.
13/12/2016WRZ04400Departmental Legal Cases13/12/2016WRZ04500621. Deputy Peadar Tóibín asked
the Minister for Transport, Tourism and Sport if his Department has been involved in any court
proceedings that involved non disclosure agreements in the past five years; and if so, if the specific court
My Department has been involved in one court case during the timeframe mentioned by the Deputy
which was settled in full and final settlement and without admission of liability. It was agreed by
the parties involved that the terms of the settlement were to remain confidential. The proceedings were
subsequently struck out.
13/12/2016WRZ04700Rail Services Provision13/12/2016WRZ04800622. Deputy Declan
Breathnach asked the Minister for Transport, Tourism and Sport the explanation he has been given from
Irish Rail following reports that the Enterprise crossBorder rail service experienced a total of 1,700
delays in the past year, adding to a total of 15 days; and if he will make a statement on the
Ross):
The issue raised is a matter for the National Transport Authority (NTA) and I have forwarded the
Deputy’s question to the NTA for direct reply. Please advise my private office if you do not receive a
response within ten working days.
13/12/2016WRZ05000Rail Services Provision13/12/2016WRZ05100623. Deputy Declan
Breathnach asked the Minister for Transport, Tourism and Sport his plans to invest in improving the
crossBorder rail service going forward, as agreed by the Government in the 2015 Fresh Start Agreement;
and if he will make a statement on the matter. [39882/16]13/12/2016WRZ05200Minister for Transport,
The Northern Rail Line plays an important role in linking communities North and South of the Border. I
met with Northern Ireland’s Infrastructure Minister, Chris Hazzard on Monday the 12th December under
the auspices of the North South Ministerial Council. This provided an opportunity to further develop co
operation between our respective Departments on strategic transport priorities. The rail link between
Belfast and Dublin was among the issues discussed. Iarnród Éireann and Translink have established a
joint Enterprise Board chaired by the CEO’s of both companies aimed at implementing improvements to
the Enterprise cross border Dublin/Belfast service.
While the main emphasis of funding for the rail network in the Capital Plan is on the maintenance of the
existing network to ensure it remains safe and fit for purpose, funding has been allocated for
electrification of the Northern Line as far as Balbriggan. Funding has also been allocated for the
completion of the City Centre Resignalling Programme and the construction of a new Central Traffic
Control Centre which will enable the DART expansion projects to progress as well as generally
improving national rail movements including the Enterprise service.
As the Deputy will be aware, the National Transport Authority (NTA) recently launched a public
consultation process on the Rail Review report which was jointly prepared by NTA and Iarnród Éireann.
The purpose of the consultation exercise is to open up a public discussion on the role of rail in Ireland and
the funding of the rail network and services. The public consultation process will run until 18 January and
the NTA will then prepare a report about the process which I intend to bring to Government. No decisions
will be made on the future of the rail network until the public consultation process has concluded and
been evaluated.
13/12/2016WRZ05300NorthSouth Ministerial Council13/12/2016WRZ05400624. Deputy Declan
Breathnach asked the Minister for Transport, Tourism and Sport the number of formal bilateral meetings
he has had with Northern Ireland’s Minister for Infrastructure since his appointment; the issues discussed
at any such meetings; and if he will make a statement on the matter. [39883/16]
I had a bilateral meeting with Minister Chris Hazzard yesterday in advance of the Transport Sectoral
meeting of the North South Ministerial Council. We discussed a range of issues relating to current and
future infrastructural projects on both sides of border, including the multimodal transport hub in Derry
and the A5 road.
In addition to the meetings yesterday, I also met Minister Hazzard in July and November, 2016 at the
North South Ministerial Council. Separately my officials continue to be in regular contact with Minister
Hazzard’s Department on transport matters.
13/12/2016WRZ05600Bus Éireann Services13/12/2016WRZ05700625. Deputy Michael Healy
Rae asked the Minister for Transport, Tourism and Sport his view on Bus Éireann’s restructuring of the
Expressway service (details supplied); and if he will make a statement on the matter. [39904/16]
I have been consistently clear since assuming office that issues relating to pay and conditions in any
particular State owned company under my Department’s aegis are a matter for discussion and agreement
between the employer and the employees.
I am aware that Bus Éireann is considering options designed to address its significant financial losses
which result from its commercial Expressway service. The formulation and progression of those plans is a
matter for Bus Éireann. Bus Éireann has engaged consultants to independently review the options
available to it as it seeks to address these losses.
In addition the Deputy is also aware that the Company has indicated its desire to discuss the Expressway
issue with trade unions. I am firmly of the belief that difficult issues such as this can only be resolved
through open, constructive and realistic engagement between the company and its employees and I do not
propose to comment on the detail of any proposals that might be put to Trade Unions to address the
serious challenges facing Bus Eireann.
As shareholder, however, I do have a view that Bus Eireann’s serious financial challenges should
be tackled decisively and effectively so that the company can be viable and serve its customer base on a
sustainable basis.
The Deputy will know that, at last week’s Labour Court hearing, the Court decided it will not issue a
recommendation on the basis that the company is finalising its reorganisation plan which is due for
completion by the end of January 2017. I hope that both sides engage in realistic and constructive
discussions which can address the difficult challenges Bus Éireann faces and I know the Court has
indicated its willingness to assist if required.
13/12/2016WRZ05900Road Improvement Schemes13/12/2016WRZ06000626. Deputy Thomas P.
Broughan asked the Minister for Transport, Tourism and Sport the position regarding funding and
construction of the Malahide Road bypass at Clare Hall, Dublin 13, which is a key infrastructural
development for the completion of the north fringe of Dublin city; and if he will make a statement on the
Ross):
The improvement and maintenance of regional and local roads, in its area, is a statutory function of each
road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such
roads are a matter for the relevant local authority to be funded from its own resources supplemented by
State road grants, where applicable.
Arising from the introduction of the Local Property Tax and the Government commitment that local
authorities will retain 80% of the tax revenues, the four Dublin Councils became self funding for regional
and local roads under the main road grant categories from 2015.
However, in relation to infrastructure for development, as part of the Government’s Housing Action Plan,
the Minister for Housing, Planning and Local Government and the Minister for Public Expenditure
Reform have put in place the Local Infrastructure Housing Activation Fund (LIHAF) target investment in
enabling infrastructure to activate large housing development areas to deliver additional supply of social
and private housing.
The Deputy may wish to ask the Minister for Housing, Planning and Local Government if any proposal
has been put forward by the relevant local authority regarding the infrastructure he refers to.
13/12/2016WRZ06200Transport Infrastructure Ireland13/12/2016WRZ06300627. Deputy Aindrias
Moynihan asked the Minister for Transport, Tourism and Sport the reason for the delay in the official
naming of the road with regard to both Cork city and county councils’ decision to honour the women of
Cumann na mBan by naming the national road from the Jack Lynch Tunnel south westwards to the
Ballincollig bypass; and if he will make a statement on the matter. [39994/16]
relation to the national roads programme. The planning, design and operation of individual national road
projects is a matter for the Transport Infrastructure Ireland (formerly known as the NRA) under the Roads
Acts 19932015 in conjunction with the local authorities concerned.
13/12/2016WRZ06500Vehicle Testing13/12/2016WRZ06600628. Deputy Michael HealyRaeasked
the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding the
CVRT process; and if he will make a statement on the matter. [40029/16]13/12/2016WRZ06700Minister
for Transport, Tourism and Sport (Deputy Shane Ross):
I understand that as part of the response to Dáil Question 622 of 2016 on a similar issue, that Bus Éireann
previously corresponded with the Deputy in relation to the differences between the inspections carried out
by the Freight Transport Association (FTA) on behalf of Bus Éireann, and those carried out as part of the
Commercial Vehicle Roadworthiness Test (CVRT).
As you will be aware, the FTA inspection forms part of Bus Éireann’s audit of the ongoing contractual
compliance, performance and safety of subcontracted vehicle operators and their fleets engaged for the
specific purposes of the School Transport Scheme; whereas annual inspections carried out as part of the
CVRT form part of the national regulatory system that monitors all commercial vehicle operators’,
including School Transport Scheme operators’, annual compliance with national roadworthiness testing
requirements on the day of the test.
In addition to meeting certain standards on the day of the CVR test, all commercial vehicle operators,
including bus operators carrying our children to and from school, are legally obliged to have preventative
maintenance and inspection systems in place to ensure that their vehicles are maintained in a safe and
roadworthy condition throughout their lifetime.
It should be noted that there are no public funds being provided for the CVRT system. Given the
the fundamental differences underlying each of these inspection regimes it would not be appropriate to
combine them.
13/12/2016WRZ06800Public Service Vehicles13/12/2016WRZ06900629. Deputy Michael Healy
Rae asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied)
regarding the coach passenger industry; and if he will make a statement on the matter. [40030/16]
The identification and assessment of proposals to reform the current licensing regime for large public
service vehicles is ongoing since last year with a view to eliminating the overlap and duplication that
currently exists in the current LPSV licensing regime. As my Department is still examining the overall
approach to the reform package, I am not in a position to give further details until recommendations are
submitted to me for consideration.
13/12/2016WRZ07100Public Transport Provision13/12/2016WRZ07200630. Deputy Seán
Haughey asked the Minister for Transport, Tourism and Sport his plans to improve the public transport
infrastructure in north Dublin; and if he will make a statement on the matter. [40053/16]
The National Transport Authority (NTA) has statutory responsibility for the implementation and
development of public transport infrastructure projects in the Greater Dublin Area (GDA), including
Dublin North.
The Fingal/North Dublin Transport Study and the NTA’s recommendations on the study, identified
a lightrail link as the optimum long term public transport solution on the Swords/airport/city centre
corridor. The decision to proceed with new Metro North followed. Funding for the project is provided
under the Government’s current Capital Plan, allowing initially for the planning and design phases of the
project, followed by the construction phase which is expected to commence in 2021 with a view to
delivering the project by 2026/27.
The DART Underground project remains a key element of integrated transport for the GDA and
implementation of the overall DART Expansion programme is proposed in the NTA’s Transport Strategy
for the GDA 2016 2035. The Capital Plan provides funding for redesign and planning for the revised
lower cost DART Underground. It also funds other elements of the overall DART Expansion Programme
including electrification of the Northern line to extend the DART to Balbriggan. Subject to availability of
funding and approval of the business case for the project, it is envisaged that the Balbriggan DART
extension will commence in 2020.
Obviously, I would like to see some of these projects progressed sooner, but funding remains quite
constrained. If additional funding becomes available in the next few years, although there will be many
competing demands, I will be making a strong case for additional investment in public transport to
support economic growth, social needs, and contribute to our climate mitigation targets.
13/12/2016WRAA0010013/12/2016WRAA00150Taxi Licences
13/12/2016WRAA00200631. Deputy Donnchadh Ó Laoghaire asked the Minister for Transport, Tourism
and Sport if he is considering issuing new standard car taxi plates in the Cork city region. [40095/16]
and Sport if he will consider issuing new standard car taxi plates in the Cork city region to drivers who
have been renting plates for a long time, for example, for more than two years. [40096/16]
and Sport the actions he intends to take to assist taxi drivers who are renting taxi plates; his views on the
lack of control they have over their own work; the implications this has for their income and working
conditions; his plans to remedy this by the issuing of additional plates or otherwise; and if he will make a
statement on the matter. [40097/16]13/12/2016WRAA00500Minister for Transport, Tourism and
The regulation of the small public service vehicle (SPSV) industry, including issues pertaining to vehicle
licences, is a matter for the National Transport Authority (NTA) under the provisions of the Taxi
Regulation Act 2013.
I have therefore referred the Deputy’s Questions to the NTA for direct reply. Please advise my private
office if you do not receive a response within 10 working days.
13/12/2016WRAA00550Motor Insurance13/12/2016WRAA00600634. Deputy Donnchadh Ó
Laoghaire asked the Minister for Transport, Tourism and Sport if he has had any discussions with the
Minister for Finance regarding insurance for the taxi industry; if he has considered any action regarding a
no claims bonus for those with fleet insurance; and the way in which this could be
implemented. [40098/16]13/12/2016WRAA00700Minister for Transport, Tourism and
I am acutely aware that the rising costs of motor insurance for drivers generally are also affecting the taxi
industry. There are reports of large increases for existing policy holders and significant difficulties in
obtaining insurance for new operators. The implications of the current insurance difficulties faced by
those in the taxi sector are of serious concern to me.
The Minister for Finance has established a task force to review policy in the insurance sector. As part of
its work, it is examining the factors which have led in recent times to the significant increase in motor
insurance costs and will be recommending steps to influence the situation. The difficulties of taxi and
hackney operators in obtaining insurance have been highlighted to the task force by my Department and
the National Transport Authority (NTA). I am advised that the NTA has also had a bilateral meeting with
the Department of Finance to apprise them of the situation pertaining to small public service vehicle
(SPSV) licence holders in relation to both the availability and cost of SPSV insurance. I understand that a
report of the work of the task force will be completed in the coming weeks and the Government will then
consider the appropriate actions to be taken.
13/12/2016WRAA00750Public Transport13/12/2016WRAA00800635. Deputy Sean Sherlock asked
the Minister for Transport, Tourism and Sport if he has given consideration to upgrading public transport
ticketing systems with Payment Card Industry Data Security Standard, PCIDSS, compliant equipment to
enable visa debit contactless travel; the amount such an upgrade would cost; and if he will progress a trial
in a city area to ascertain uptake. [40102/16]13/12/2016WRAA00900Minister for Transport, Tourism
and Sport (Deputy Shane Ross):
The National Transport Authority (NTA) has statutory responsibility for the development, operation and
maintenance of the Leap Card system.
Noting the NTA’s responsibility in the matter, I have referred the Deputy’s question to the NTA for a
more detailed reply. Please advise my private office if you don’t receive a reply within 10 working days.
13/12/2016WRAA00950Legislative Programme13/12/2016WRAA01000636. Deputy Michael
Moynihan asked the Minister for Transport, Tourism and Sport the name and number of Bills in
preparation or published by his Department since May 2016; the stage each Bill is at in the Houses of the
the matter. [40143/16]13/12/2016WRAA01100Minister for Transport, Tourism and Sport (Deputy Shane
Ross):
There are currently three Bills undergoing preparation in my Department. The titles and current status are
as follows:
Merchant Shipping (International Conventions and Maritime Safety) Bill a scoping exercise is
currently being undertaken by my Department.
Large Public Service Vehicle Bill 2017 the Road Safety Authority and An Garda Síouchána are
working together to further analyse the administrative changes that will be needed to deliver the
regulatory change. Work is simultaneously ongoing in my Department in defining the precise dimensions
of the legislative changes required.
Irish Aviation Authority (Amendment) Bill 2016 my Department has commenced a consultation for a
regulatory impact analysis concerning extending the current legislative provision concerning charging for
safety regulation to also cover charges for aviation security regulation by the IAA.
There is one Bill before the Oireachtas from my Department as follows:
Road Traffic Bill 2016 this has passed the committe stage and the report stage is due in mid
December.
The National Tourism Development Authority (Amendment) Act 2016 (Act No. 14 of 2016) was
signed into law on 16 November 2016.
13/12/2016WRAA01150Departmental Staff Redeployment13/12/2016WRAA01200637. Deputy Marc
MacSharry asked the Minister for Transport, Tourism and Sport if he will provide details of entire units
that have been recentralised back to Dublin within his Department; his Department’s rationale for such
13/12/2016WRAA01300Minister for Transport, Tourism and Sport (Deputy Shane Ross):
No unit of my Department has been recentralised back to Dublin.
13/12/2016WRAA01350Foreign Direct Investment13/12/2016WRAA01400638. Deputy Micheál
Martin asked the Minister for Jobs, Enterprise and Innovation her views on the possible EUwide
screening regime to keep foreign money out of sensitive sectors, as proposed by Chancellor Merkel
recently. [39373/16]13/12/2016WRAA01500Minister for Jobs, Enterprise and Innovation (Deputy Mary
Mitchell O’Connor):
I have brought this to the attention of IDA Ireland, the State Agency under my Department with
responsibility for foreign direct investment. The Agency is not aware of any such proposal.
13/12/2016WRAA01550Departmental Expenditure13/12/2016WRAA01600639. Deputy Niall
Collins asked the Minister for Jobs, Enterprise and Innovation the total photography costs for her
Department per annum since March 2011 inclusive of costs incurred from use of the ministerial
allowance, in tabular form; the occasions for which photographers were booked; the photographers used;
regarding the booking of photographers within her Department; and if she will make a statement on the
matter. [39473/16]13/12/2016WRAA01700Minister for Jobs, Enterprise and Innovation (Deputy Mary
I can advise the Deputy that the total photography costs incurred by my Department and its Offices since
9 March, 2011 are as follows:
2011 €2,017
2012 €4,100
2013 €4,455
2014 €4,534
2015 €6,153
2016 (to date) – €4,130
The details for each year are set out in the following table.
No expenditure for photography was incurred from Ministerial allowances.
2011
Occasion for which Photographer booked Name of Photographer Breakdown of costs associated with
each event Small Business Advisory Group Launch Mac Innes Photography €409 Irish Ambassadors for
Female Entrepreneurship Mac Innes Photography €223 One Millionth Document Filed Online at the
Companies Registration Office Jason Clarke Photography €484 Ministerial image shot for Repeat use Mac
Innes Photography €245 Launch of the Final Report of the Sales Law Review Group Mac Innes
Photography €252 Launch of the Report of “The Voice of Small Business” Mac Innes
Photography €284 Junior Inventor Awards Hot Shotz Photographers €120 Total €2,017
2012
Occasion for which Photographer booked Name of Photographer Breakdown of costs associated with each
event Launch of Action Plan for Jobs 2012 Mac Innes Photography €438 Action Plan for Jobs Forum,
Limerick Press 22 €312 Action Plan for Jobs Roadshow, Cork B.L. Mac Gill Photography €200 Launch of
Research Prioritisation Report Jason Clarke Photography€492 Action Plan for Jobs Roadshow,
Waterford Gerry O’Carroll Photography €298 Capital Investment Announcement Mac Innes
Photography €284 Launch of IP Protocol Fennell Photography €301 Launch of Business Regulation
Portal Fennell Photography €319 Establishment of Clustering Development Team Fennell
Photography €331 Launch of “Managing out of the Crisis” Guide Fennell Photography €257 Publication
of Micro Enterprise Loan Fund Bill Fennell Photography €283 Launch of €90 Million Microfinance
Scheme Fennell Photography €321 Launch of Green Economy Policy Statement Fennell
Photography €264 Total €4,100
2013
each event Launch of Action Plan for Jobs Q4 Results Fennell Photography €264 Launch of Action Plan
for Jobs 2013 Fennell Photography €318 Meeting with Chinese Ambassador Fennell
Photography €308 Launch of New Work Permit Legislation Fennell Photography €264 Launch of
Manufacturing Report Fennell Photography €342Unveiling of new Local Enterprise Office, Swords and
announcement of details of improved new service for micro and small enterprises Fennell
Photography €326 Announcement of membership of the Entrepreneurship Forum Fennell
Photography €369 Launch of Action Plan for Jobs Q2 Results Fennell Photography €273 Launch of
Copyright Review Report Fennell Photography €251 Appointment of Chairman of USIreland
Partnership Fennell Photography €232 IDA Announcement Fennell Photography €270 Conference for EU
High Level Group for Innovation Fennell Photography €290 Informal meeting of EU High Level
Employment Committee in Dublin Castle Maxwell Photography €579 Group Photograph of Labour Court
Members Tommy Clancy Photography €369 Total €4,455
2014
each event Launch of Entrepeneurship Forum report Fennell Photography €291 Taking Care of Business
2014 Fennell Photography €291 Action Plan for Jobs 2014 Launch Fennell Photography €321 Launch of
National Corporate Social Responsibilty Plan Fennell Photography €137 Publication of OECD report on
the Action Plan for Jobs Fennell Photography €229 Launch of young entrepreneur competition Fennell
Photography €397 Transatlantic Trade and Investment Partnership Conference Fennell
Photography €457 Domestic Workers Group Fennell Photography €321 EU SME Week Fennell
Photography €203 Launch of the Horizon 2020 Strategic Research Proposals Group Fennell
Photography €460 Retirement of labour Court member Tom Clancy Photography €369 Signing of MOU
between NERA and the HSA Karl McDonagh €57 Senior Management Forum UCD €400 Taking Care of
Business Launch Fennell Photography €275CD Copy of Taking Care of Business Mac Innes
Photography €203 Preparation of stock photo image for new Registrar of Companies for inclusion in CRO
publications Fennell Photography €123 Total €4,534
2015
each event Launch of Action Plan for Jobs 2015Fennell Photography €312 Launch of Action Plan for Jobs
Regional Fennell Photography €489 Launch of EGFSN Report Fennell Photography €291 EI Trade
Mission & St Patrick’s day schedules Fennell Photography €138 Launch of APJ.ie website Maxwell
Photography €431 Launch of Low Pay Commission Maxwell Photography €448 Launch of Transatlantic
Trade and Investment Partnership Impact in Ireland study Fennell Photography €336 Launch of Prompt
Payments Code of Conduct Maxwell Photography €344 Photocall with Dr. Francis Gurry, Director
General of the World Intellectual Property Organisation Fennell Photography €291 Launch of Start UP
Refunds for Entrepreneurs (SURE) Fennell Photography €306 Launch of CSR Hub Website Fennell
Photography €352 Launch of Manufacturing Brochure Fennell Photography €137 Living Wage
Forum Maxwell Photography €413 Launch of Enterprise 2025 Strategy Fennell Photography €381 Launch
of EGFSN Report on Skills in the Hospitality Sector Fennell Photography €336 Photographer for CSR
Website Launch Fennell Photography€99 Distribution of Photos of CSR Website Launch Fennell
Photography €261 Launch of Workplace Relations Commission Fennell Photography €291 Launch of
LPC Recommendations on the NMW – 21/7/15 Maxwell Photography €482 Launch of Manufacturing
Brochure Fennell photography €15 ( cost of additional photo) Total €6,153
2016
each event Photocall for increase to the National Minimum Wage Fennell photography €291 Launch of
APJ 2016 Fennell photography €586 Launch of Workplace Relations Commission Strategy
Statement Fennell photography €137 Visit of Johann Dietrich Woerner DG European Space
Agency Fennell photography €565 Headshot of Oonagh Buckley new DG Workplace Relations
Commission Fennell photography €183 Photocall EGFSN report on Biopharma IndustryFennell
photography €321 Photocall with NCBI Fennell photography €414 Visit of Jean Pierre Bourguignon
President of The European Research Council (ERC) Fennell photography€122 Opening of new offices for
Workplace Relations Commission and Labour Court Fennell photography €291 Photographic Services for
outgoing Director General, WRC event Tommy Clancy Photography €231 Photographic Services for
outgoing Chairman of the Labour Court event Tommy Clancy Photography €231 Stock photo Chairman
Labour Court Fennell Photography €77 Stock photo Labour Court Members Tommy Clancy
Photography €681 Total €4, 130
The Department uses external photographers sparingly and, with a view to keeping costs to a minimum,
regularly uses its own facilities and staff to take photographs inhouse. My Department also avails of the
panel of photography firms, selected following a procurement process undertaken by the Department of
Foreign Affairs and Trade, which is available for use by all Departments.
13/12/2016WRAA01750Consultancy Contracts Data13/12/2016WRAA01800640. Deputy Niall
Collins asked the Minister for Jobs, Enterprise and Innovation to detail the external consultant reports
commissioned by her Department since March 2011 per annum, in tabular form; the costs per report; the
company involved; the title of the report; and the publication date. [39489/16]
13/12/2016WRAA01900Minister for Jobs, Enterprise and Innovation (Deputy Mary Mitchell
O’Connor):
The names of external reports commissioned by my Department and Offices of my Department, the costs,
the date or expected date of publication and the name of the external consultants are set out below for the
years 2011, 2012, 2013, 2014, 2015 and to 12th December 2016. In some cases, the costs of the reports
were shared with other bodies and these are noted below. The data in respect of 2014 includes research
and analysis which was commissioned by Forfás prior to the date of its integration into my Department in
August 2014, and for which my Department held the 2014 budget. This research and analysis has
subsequently been carried out in the Strategic Policy Division in my Department.
1 January – 12 December 2016
Name of external Consultant/Organisation Report Title Date of Commission Publication Status Cost of
Report€ Sabeo Health check on email archive system December 2015 Awaiting final report, Internal ICT
assessment – not for publication 1,750.00 Gas Package Solutions (GPS) Ltd., Assessment of application
for recognised third party recognition status under EU Pressure Equipment Directive 97/23/EC 22 June
2015 Technical assessment report not for publication 6,685.00 Capita Business Services Ltd Review of
Science and Technology Development Programme – Draft Audit Report October 2015 Operational report
not for publication 8,250.00 Ward Solutions ICT Security Reviews Various Dates Internal ICT security
assessments – not for publication 3,198.00 Sabeo Patents Office ICT System Architecture Review March
2016 Internal ICT architecture – not for publication 4,305.00 Insight Statistical Consulting Annual Survey
of Economic Impact 2015 December 2015 Due for publication Q1 2017 46,125.00 ESRI Research
Programme with DJEI & EI Research Programme – Innovation & Productivity & Services export
diversification July 2016 Due for publication Q4 2016 50,000.00 (DJEI)50,000.00(EI) Indecon Economic
Consultants Study to Examine the Affordability of Irish Housing and its impact on economic
competitiveness. March 2016 To be published July 2016 25,239.60 Indecon Economic
Consultants Review of RD&I Supports available to businesses in Ireland 24th May
2016 Ongoing 59,133.80 (23,645.52 paid to date) Insight Statistical Consulting Data Analysis to feed into
Knowledge Based Capital study 29th April 2016 For internal use – not for publication 13,776 Ward
Solutions ICT Security Reviews 29 June 2016 and 10 August 2016 Internal ICT assessments not for
publication 16,186.80 Storm Technology Limited Health Check on Microsoft SQL server systems 29th
August 2016 Internal ICT assessment not for publication3,690.00 Chartered Institute of Internal Auditors
(CIIA) External Quality Assessment for Internal Audit Unit DJEI September 2016 Published December
2016 for Audit Committee – internal use only – not for publication €16,974
1 January – 31 December 2015
Report€ Technopolis Evaluation of Ireland’s Participation in FP7 and Horizon 2020 December
2015 Ongoing 97,237.65(29,171.30 paid in 2015) University of Limerick Study on the prevalence of zero
hour and low hour contracts and their impact on employees February 2015 Published 3 November
2015 96,670.00 Planet21 Communications Ltd. Strategic Review of Network January 2015 Internal ICT
network assessment – not for publication 9,932.25 Ward Solutions ICT security review Various
Dates Internal ICT security assessments – not for publication 54,765.75 Version 1 Software Oracle
eBusiness Suite Release 12 Upgrade Assessment November 2014 Internal ICT system assessment – not
for publication 8,079.92Copenhagen Economics TTIP Impact in Ireland December 2013 Published on
27th March 2015 84,896.04 Insight Statistical Consulting Annual Business Survey of Economic Impact
(ABSEI) December 2014 ABSEI 2014 – Report published June 2016 46,740.27(DJEI)46,740.27
(EI)46,740.27 (IDA) Insight Statistical Consulting Annual Employment Survey 2015 July 2015 Survey
Report published June 2016
5,965.50 (DJEI) 10,737.90 (EI) 1,193.10 (IDA)
Technopolis Enterprise demand survey and analysis for report on Strengthening Ireland’s Market
Focussed Research Centre Capacity February 2015 Technical input to development of successor to SSTI
Complete 30,750.00 Mazars LLP Not in public domain. September 2014 This report forms part of the
evidence in a criminal prosecution by the DPP and will be detailed in court when the case is
heard. 177,545.80 Mason Hayes Curran Tables of Destinations and Origins to Companies Act 2014 April
2015 15th June 2015 123,000.00 Crowley’s DFK Audit of funds transfer as part of Forfás
restructuring December 2014 Operational report not for publication 7,000.00 Capita Business Services
Ltd Review of Agency case January 2015 Not for publication. 9,809.25 CMI A study on the role and
importance of Design in Irishbased firms in NonDesign Intensive Sectors June 2015 Complete to be
published shortly (underpinned the publication “Policy Framework for Design in Enterprise in Ireland” –
published 26th of January 48, 454.65 Dr Christian Ketels Review of Competitiveness
Frameworks August 2015 Published April 2016 34,045.00 ESRI Research Programme with DJEI &
EI Review of Expansion & Diversification of Irish Exports Manufacturing November 2015 Completed –
due for publication Q3 2016 30,000.00 (DJEI) 30,000.00 (EI)
January – December 2014
Report€ Technopolis Ireland’s Future Infrastructure Needs Q2 2015 Published as part of Innovation 2020
in December 2015 47,203.17 Ward Solutions ICT security reviews Various dates Internal ICT security
assessments – not for publication 35,178.00 Rits Mobile Device Policy Assessment September
2014 Internal ICT security assessments – not for publication 2,236.00 Version 1 Oracle eBusiness Suite
R12 Upgrade Assessment November 2014 Internal ICT assessment – not for publication 4,174.13 Clarion
Consulting Limited Employment Permits Administration Section Business Process Improvement Project
Report July 2014 Not for publication 52,275.00 CIRCA Group Europe Limited Review of Ireland’s
membership of international research organisations Q1 2015 Published as part of Innovation 2020 in
December 2015 61,131.00 CM International Assessment of Public Funded RD&I Supports for Innovation
in Services and Business Processes January 2014– commissioned by Forfás Input to Forfás report on
Services Innovation published April 2014 6,000.00 Harvard University, Kennedy School of
Government Ireland’s Competitiveness Scorecard 2014 Q1 2014 – Commissioned by Forfás Input on
economic complexity to competitiveness analysis. 2,600.00 Insight Statistical Consulting / Fitzpatrick
Associates Evaluation of IDA Training Grants November 2013 – commissioned by Forfás Input to
programme of evaluations publication Q1 2015 29,250.00(19,188.00 paid by DJEI in 2014: balance paid
by Forfás) DCU/Fitzsimons Consulting Global Entrepreneurship Monitor 2014 (GEM) Q4
2013 Ongoing GEM 2014 report will be published 20,000.00 Insight Statistical Consulting Annual
Employment Survey 2014 (AES) July 2014Published Feb 2015 5,882.60(DJEI)
11,337.40 (IDA/EI)
Indecon Economic Consultants Analysis of direct & indirect economic impacts on an exportled growth
enterprise policy December 2014 Complete – input to Enterprise 2025 48,275.00(14,482.00 paid in 2014:
balance paid in 2015) IDC Harnessing Big Data for innovation led growth: an assessment of Ireland’s
progress and further policy requirements July 2014– commissioned by Forfás Complete – publication Q2
2015 56,690.00 CM International Optimising Policy Intervention to Strengthen the Impacts of Enterprise
RD&I in Ireland August 2014 Complete – input to development of successor to SSTI analysisPublish 8th
December 2015 36,469.00 Fitzpatrick Associates Econometric analysis of effectiveness & impacts of
agency supports December 2014 Input to DJEI Evaluations of agency programmes. Published Q2
2015 47,970.00 (14,391.00 paid in 2014; balance paid in 2015) Insight Statistical Consulting Annual
Business Survey of Economic Impact (ABSEI) December 2013 ABSEI 2013 report published January
2015 44,034.00 (DJEI)44,034.00 (IDA)44,034.00 (EI) PWC Role of Intellectual Property Q4 2013 Input
to competitiveness analysis 15,612.00 PWC Review of Insurance Costs August 2014 Input to published
Costs of Doing Business 2015 & Competitiveness Bulletin published Jan 2016 34,440.00 PWC The role
of public procurement in driving Ireland’s competitiveness, whilst delivering value for moneyQ4
2013 Published as input to Competitiveness Challenge 2014 31,340.00 Technopolis Strengthening
Ireland’s MarketFocussed Research Centre Capacity July 2014– commissioned by Forfás Complete –
input to development of successor to SSTI analysis 84,255.00 Tom Martin & Associates Higher Education
Engagement by EGFSN October 2014 Completed for EGFSN – not for
publication €11,931.00 AECOM Assessing the Demand for Skills in the Freight Transport, Distribution
and Logistics Sector in Ireland over the period 20142020 May 2014 – commissioned by Forfás Input to
EGFSN review publication Q1 2015 €78,702.00(National Training Fund contribution €60,601.00) DKM
RPS Water Services & Environmental waste Issues & Priorities for Enterprise Commissioned by Forfás in
early 2014 Ongoing input to Forfás/DJEI submissions to regulator and competitiveness
reports 50.353.00 Technopolis A Mapping of Smart Ageing activity in Ireland and an assessment of the
potential smart ageing opportunity areas July 2014– commissioned by Forfás Input to DJEI analysis –
published Q2 2015 89,605.00 Cambridge IP An Analysis of Intellectual Property Activity in Ireland based
on the existing data Phase 1 April 2014– commissioned by Forfás Input to DJEI analysis publication Q1
2015 40,966.38 Technopolis A Study on enhancing the Intellectual Property activities in the firm base in
Ireland September 2014 Input to DJEI analysis – publication Q2 2015 49,138.00 E&Y Analysis of
Sectoral Ecosystems Input to Enterprise Policy 2025 Q2 2014 – Commissioned by Forfás Enterprise
2025 Published November 2015 61,461.00 RSM McClure Watters Study of the Current and Future skills
requirements of the Marine/Maritime Economy to 2020 June 2014 commissioned by Forfás Input to
EGFSN review – published Q1 2015 €82,502.25(National Training Fund contribution €63,527) Indecon
Economic Consultants Hospitality Sector Hotels, Tourism & Catering November 2014 Input to EGFSN
review – published Q4 2015 €78,289.50 (€39,145.00 paid in 2014, balance payable 2015)National
Training Fund Contribution €60,282.92
Report€ Ward Solutions ICT security reviews Various dates Internal ICT security assessments – not for
publication 24,627.00 Fitzpatrick Associates Export Licensing Administration Process Review July
2012 Complete 47,417.00 Tom Martin & Associates/TMA Youth UnemploymentA review of wage costs
and other factors which may affect the employment of young people in Ireland. Q4 2013 Not for
publication Presented to the Troika in line with the terms of the Memorandum of Economic and
Financial Policy which is a component of the Memorandum of Understanding, September 2013, as part of
which the Irish Government undertook to present a report in December 2013. 5,547.30 Janet
Hughes Labour Court Review of Joint labour Committees February 2013 Published 17,835.00 RSM
McClure Watters The evaluation of the Workplace Relations Pilot Early Resolution Service February
2013 Published September 2013 35,498.00 First Choice Financial Services Ltd and AJS Financial Advice
Ltd Credit Guarantee Scheme “Findings and Recommendations” July 2013 September 2013 24,600.00
Name of external Consultant/Organisation Report Title Date of CommissionPublication Status Cost of
Report€ Ward Solutions Security reviews of ICT systems Various dates Internal ICT security assessments
– not for publication 39,095.00 Version 1 ICT systems review – Patents Office November 2011 Internal
technology review – not for publication 29,667.00 Achilles Procurement Services Ltd. Recommended
Procurement Strategy for a Customer Relationship Management System (CRMS) from the Workplace
Relations Commission and the Labour Court July 2012 Published internally August
2012 2,560.00 Deloitte Feasibility Study: Making Ireland an International Centre for Intellectual
Property Ongoing 102,872.62
March – December 2011
Report€ Rits IT Security assessment of new hosting site in Revenue Hosting Centre May 2011 Internal
ICT security assessment – not for publication7,093.00 Maxima Ireland Computer Server Virtualisation
Strategy Review June 2011 Internal technology review – not for publication 8,276.00 UCD (Dr Frank
Walsh) Review of ERO and REA Wage Setting Mechanisms Q1 2011 Published May
2011 15,000.00 Greater Heights Ltd Learning Need Analysis (NERA Staff) October
2010 Published 15,645.00 Capital for Enterprise Ltd. Design of Temporary Partial Credit Guarantee
Scheme August 2011 Not for publication 59,565.00
13/12/2016WRAA01950Public Relations Contracts Data13/12/2016WRAA02000641. Deputy Niall
Collins asked the Minister for Jobs, Enterprise and Innovation for details on the use of external public
for the external public relations firms; the internal departmental policy with regard to employing external
organisations; and if she will make a statement on the matter. [39505/16]
O’Connor):
My Department awards contracts and procurements based on the most economically advantageous tender
and strives to ensure that all contracts or procurements offered provide the greatest value for money
possible. Officers of my Department closely monitor these contracts for their full duration. My
Department has entered into the following contracts with public relations companies since March 2011:
2011
PR Company Purpose of Contract Barberry Ltd T/A Keating & Associates19 Fitzwilliam PlaceDublin
2 To provide NERA with Communications Services,(including PR; Media Monitoring; advising on the
design, content and production of reports & brochures and assisting with website content).
2012
2 To provide NERA with Communications Services, (including PR; Media Monitoring; advising on the
design, content and production of reports & brochures and assisting with website content
2013
2 To provide NERA with Communications Services, (including PR; Media Monitoring; advising on the
2014
2 To provide NERA with Communications Services,(including PR; Media Monitoring; advising on the
2015
PR Company Purpose of Contract Atomic Advertising LtdCampaign to raise awareness of a range of
Government provided enterprise supports among business owners, and potential startups. Barberry Ltd
T/A Keating & Associates19 Fitzwilliam PlaceDublin 2 To provide the National Employment Rights
Authority (and from 1st October 2015, the Workplace Relations Commission) with Communications
Services (including PR; Media Monitoring; advising on the design, content and production of reports &
brochures).
2016
PR Company Purpose of Contract Fuzion Communications Provision of communications services to the
Workplace Relations Commission.
13/12/2016WRAA02150Ministerial Correspondence13/12/2016WRAA02200642. Deputy John
Brady asked the Minister for Jobs, Enterprise and Innovation if she has used any private unsecured email
accounts for official business; and if she will make a statement on the matter. [39587/16]
O’Connor):
ICT provision is made by my Department for the official business of Ministers to be conducted through
official email accounts, and equipment is provided with appropriate security protocols to enable
confidentiality to be maintained to the best standards possible and in so far as is possible within a
challenging technological environment.
There is no set policy in place regarding use of personal accounts for official business by members of
Government but this is currently under review. Whilst I have on occasion in the past used my personal
email for account for nonsensitive correspondence, my official business is done through official email
accounts.
13/12/2016WRAA02350IDA Site Visits13/12/2016WRAA02400643. Deputy Mattie McGrath asked
the Minister for Jobs, Enterprise and Innovation the number of times Enterprise Ireland and the IDA have
visited Tipperary town and County Tipperary; and if she will make a statement on the matter. [39608/16]
O’Connor):
IDA Ireland maintains statistics in relation to site visits by potential investors on a county by county basis
only. The latest data available shows that at the end of quarter three this year there were eight site visits
by potential investors to County Tipperary. It is important to note, however, that data on site visits is not
necessarily an accurate measure of the level of Foreign Direct Investment (FDI) activity in a region or
county, partly because approximately 70% of all FDI won by IDA Ireland comes from its existing client
base, rather than new companies.
As Enterprise Ireland’s core focus is supporting the internationalisation of indigenous companies, it does
not arrange site visits of a similar type to IDA Ireland. However, Enterprise Ireland’s regional executives
frequently visit Tipperary. For example, Enterprise Ireland staff regularly meet with the Local
Authority/LEO/Tipperary Economic Forum to discuss issues in connection with balanced regional
development. Enterprise Ireland is also represented on the Tipperary Local Enterprise Office Evaluation
Committee.
13/12/2016WRAA02550Job Creation13/12/2016WRAA02600644. Deputy Mattie McGrath asked
the Minister for Jobs, Enterprise and Innovation the status of the efforts to provide employment at a site
(details supplied) in Clonmel, County Tipperary; and if she will make a statement on the
matter. [39609/16]13/12/2016WRAA02700Minister for Jobs, Enterprise and Innovation (Deputy Mary
The loss of jobs in Clonmel earlier this year was deeply regrettable. There is a clear need to create other
employment opportunities in the region and both IDA Ireland and Enterprise Ireland are working hard
with that goal in mind.
As part of this work, IDA Ireland has developed a detailed brief on the former Suir Pharma facility which
is helping to inform the Agency’s intensive marketing of the site. In addition, the remit and scope of the
South Tipperary Interagency Group has been expanded to include Suir Pharma. This group will help
ensure that state agencies and relevant training bodies provide the maximum support possible to former
employees of the company.
The progress made by the wider South East region, however, has been heartening. A number of Pharma
companies, for example, have created new jobs there in recent years. Unemployment in the South East
has fallen from 20.1% in 2011 to 10.4% by the end of September 2016. Efforts are continuing to reduce
joblessness further, including through the Action Plan for Jobs for the South East. This plan targets, in
particular, the creation of new jobs in manufacturing and international financial services and I am
confident that we will see continued investment in these sectors there in the future.
13/12/2016WRAA02750IDA Supports13/12/2016WRAA02800645. Deputy Michael Harty asked
the Minister for Jobs, Enterprise and Innovation the status of the IDA’s progress in securing a
replacement industry for a company (details supplied) or any other activity the development agency might
be generating in County Clare; and if she will make a statement on the matter. [39664/16]
O’Connor):
Prior to the announcement of the company closure in November 2015, IDA Ireland engaged with its
management to try to find a way to retain the facility in the county. The company undertook then to work
closely with IDA Ireland to find an alternative buyer for the site. While such a buyer has not yet been
identified, the Agency continues to actively market the facility for new investors as a going concern. The
IDA is aided in this by a detailed brief it has developed on the facility and its existing workforce.
More broadly, the Agency has been very active in its attempts to secure new foreign direct investment
projects for the MidWest over the past 18 months. IDA Irelandsponsored site visits to the county, for
example, have increased. There were nine in 2014, which rose to twelve in 2015. By the end of
September this year, there had already been thirteen. Progress is also being made in terms of job creation.
In 2015, employment in IDA Ireland client companies in the region increased by 6%, representing a net
change of 1,052 jobs.
13/12/2016WRAA02950Brexit Issues13/12/2016WRAA03000646. Deputy Alan Kelly asked
the Minister for Jobs, Enterprise and Innovation the meetings that she has held to date with her Cabinet
colleagues, her Department, departmental agencies and external stakeholders to address the challenges
facing businesses in the wake of the Brexit referendum and specifically in view of the decline in the value
of sterling. [39670/16]13/12/2016WRAA03100Minister for Jobs, Enterprise and
Innovation (Deputy Mary Mitchell O’Connor):
Since the result of the UK Referendum in June, I have held an extensive series of meetings.
I am a member of the Cabinet Committee on Brexit, which has met on 4 occasions.
With regards to my own Department and its agencies, I have established a Coordination Group on
Brexit, consisting of the CEOs of both IDA Ireland and Enterprise Ireland, and relevant enterprise, single
market and trade officials from my Department. This group, which I chair, oversees the management of
our response to the Referendum result and has met on 8 occasions.
I have met with a wide range of representative organisations and stakeholders, including Ibec, ICTU,
ISME, the SFA, the Irish Exporters Association, American Chamber of Commerce Ireland, Dublin
Chamber of Commerce and the Irish Farmers Association. I have also had discussions about the impacts
of Brexit at the Retailers Forum which I chair and it is a regular item for discussion at the Regional
Action Plan for Jobs implementation Committees.
Given the impact of currency fluctuations since the UK Referendum, the issue of business financing
requirement has been a regular topic for discussion at internal meetings and meetings with external
stakeholders.
In November I met with my UK Trade and Business ministerial counterparts to ensure that the
importance of the unique circumstances for Ireland is fully understood at Cabinet level in the UK. In
September I travelled to Brussels, where I had a series of meetings with the European Commissioner for
the Internal Market, Industry, Entrepreneurship and SMEs, Elzbieta Bienkowska and the Commissioner
for Trade, Cecelia Malmstrom and also Vicky Ford MEP, Chair of the Internal Market Committee of the
European Parliament. Finally, I have asked my Department to organise a major stakeholder seminar,
including Oireachtas members early in the new year.
13/12/2016WRAA03150IDA Site Visits13/12/2016WRAA03200647. Deputy Alan Kelly asked
the Minister for Jobs, Enterprise and Innovation if she will provide a breakdown of all IDA visits by
region and county; and if she will make a statement on the matter. [39671/16]
O’Connor):
IDA Ireland collates data on site visits on a quarterly basis. In the first three quarters of 2016, there were
489 site visits countrywide. The breakdown of those visits by region and county is provided in the
enclosed table, which also includes figures for 2015 for comparison. Data on site visits for the final
quarter of 2016 will be available early next year.
I want to stress that regional development is a priority of mine, as it is for this Government. Growing and
sustaining foreign direct investment outside of the country’s main urban areas is a key part of our efforts
in this context. To achieve that, we have to continue to make the case to prospective investors that
regional Ireland can be a suitable location for their businesses. Increasing site visits to regional locations
forms part of that approach. In 2015, 57% of site visits were to locations outside Dublin, up from 43% in
2014. The figures available for 2016 indicate that this trend is continuing.
We must remember, however, that a company’s ultimate choice of location can be influenced by a
number of factors. This includes access to talent, proximity to transport hubs and the supply of suitable
property. IDA Ireland actively tries to encourage client companies to locate outside Dublin but the final
decision of where to situate always rests with the company itself.
Site Visits by County and Region 2015 to end Quarter 3 of 2016
Region County 2015 2016 to Q3 Dublin Dublin 242 204 MidEast Kildare 7 7 MidEast Meath 7 7 Mid
East Wicklow7 4 NorthEast Cavan 0 1 NorthEast Louth 20 17 NorthEast Monaghan 2 2 NorthWest Do
negal 5 6 NorthWest Leitrim 8 6 NorthWest Sligo 15 13 Midlands Laois 4 6 MidlandsLongford 2 5 Midl
ands Offaly 8 4 Midlands Westmeath 28 24 MidWest Clare 12 13 MidWest Limerick 40 39 MidWest &
SouthEast Tipperary* 12 8 SouthEast Carlow 1 8 SouthEastKilkenny 10 10 SouthEast Wexford 4 6 So
uthEast Waterford 31 15 South –West Kerry 6 3 South –
West Cork 48 43 West Galway 41 33 West Mayo 3 4 West Roscommon 2 1 Total 565489
*Tipperary is divided into two ridings – north and south. The north riding is in the MidWest region and
the south riding is in the SouthEast region. IDA Ireland does not break down its site visits figure further
than county level so it is listed separately to cover both regions.
13/12/2016WRAA03350Departmental Legal Cases13/12/2016WRAA03400648. Deputy Peadar
Tóibín asked the Minister for Jobs, Enterprise and Innovation if her Department has been involved in any
court proceedings that involved nondisclosure agreements in the past five years; and if so, if the specific
court ruling prevented the court proceedings and participants from being made known for each of these
agreements. [39870/16]13/12/2016WRAA03500Minister for Jobs, Enterprise and
My Department has not entered into any nondisclosure agreements as a result of court proceedings in the
last five years.
13/12/2016WRAA03550Counterfeit Goods13/12/2016WRAA03600649. Deputy Sean Sherlock asked
the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to incidents in which fake
mobile phone chargers have been known to catch fire; and if so, her plans to regulate or legislate on this
issue to address public health and safety concerns. [39887/16]13/12/2016WRAA03700Minister for Jobs,
Enterprise and Innovation (Deputy Mary Mitchell O’Connor):
Mobile phone chargers are classified as electrical equipment and the current product safety legislation
covering electrical equipment is the European Union (Making Available on the Market of Electrical
Equipment Designed for Use within Certain Voltage Limits) Regulations 2016 (S.I. 345 of 2016), which
was signed into law on 29 June 2016. These regulations transposed the requirements of the Low Voltage
Directive 2014/35/EU into Irish law and replaced the European Communities (Low Voltage Electrical
Equipment) Regulations 1992 and 1994 which implemented the requirements of the previous Low
Voltage Directive 73/23/EEC.
The Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for the
enforcement of domestic and EU competition and consumer law in the State and, as such, is charged with
enforcing S.I. 345 of 2016. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides
that the CCPC is independent in the performance of its functions, including carrying out investigations.
As investigations and enforcement matters generally are part of the daytoday operational work of the
CCPC, I, as Minister for Jobs, Enterprise and Innovation have no direct function in the matter.
However, I understand from the CCPC that it examined a number of consignments (including mobile
phone chargers) that were referred by the Customs authorities under Regulation (EC) no 765/2008 of the
European Parliament and of the Council of 9 July 2008 (setting out the requirements for accreditation and
market surveillance relating to the marketing of products). In these consignments where phone chargers
were found to be unsafe or not compliant with the requirements of the regulations, the CCPC instructed
the Customs authorities to suspend the importation and the products were detained in order to protect
consumers.
Matters relating to fake or counterfeit products do not come within the remit of the legislation enforced
by the CCPC: they come under the remit of An Garda Síochána, or Revenue and Customs authorities.
However, where the CCPC receives information relating to fake or counterfeit products in the course of
an investigation that information is forwarded to the relevant authority by the CCPC. I understand that in
July 2014 the CCPC uncovered information relating to the sale of possible counterfeit mobile phone
chargers in the Cork area and forwarded that information to An Garda Síochána in Cork. An Garda
Síochána subsequently conducted their own investigation which resulted in the successful prosecution of
the retailer in 2015.
13/12/2016WRAA03750Foreign Direct Investment13/12/2016WRAA03800650. Deputy Eamon
Scanlon asked the Minister for Jobs, Enterprise and Innovation if her Department and IDA Ireland have
identified a client to invest in the new facility at the Finisklin industrial estate in County Sligo which is
due for completion at the end of 2016; when an announcement is expected regarding same; and if she will
make a statement on the matter. [39963/16]13/12/2016WRAA03900Minister for Jobs, Enterprise and
At present, clients have not yet been identified for the new Advance Technology Building at the Finisklin
Industrial Estate in County Sligo.
IDA Ireland has assured me, however, that it continues to promote this new facility through its network of
overseas offices and in response to specific client queries.
13/12/2016WRAA03950Legislative Programme13/12/2016WRAA04000651. Deputy Michael
Moynihan asked the Minister for Jobs, Enterprise and Innovation the name and number of Bills in
preparation or published by her Department since May 2016; the stage each Bill is at in the Houses of the
Oireachtas; the number of Bills from her Department signed into law; and if she will make a statement on
the matter. [40138/16]13/12/2016WRAA04100Minister for Jobs, Enterprise and
My Department has a total of 9 Bills listed in the Government legislation programme for the current Dáil
Session and they are as follows:
Knowledge Development Box (Certification of Inventions) Bill
Hallmarking (Amendment) Bill
Industrial Development (Amendment) Bill
Copyright and Related Rights (Amendment) (Miscellaneous Intellectual Property) Bill
Amendment of the Constitution (Unified Patent Court) Bill
Personal Injuries Assessment Board (Amendment) Bill
Statutory Audits Bill
Organisation of Working Time (Amendment) Bill
Legislation to improve protections for workers on insecure, low hour contracts
My Department has published two Bills since the Government came to Office on 6 May 2016. The
Companies (Accounting) Bill was published on 5 August 2016 and it completed Committee Stage in the
Dáil on 22 November 2016. The Knowledge Development Box (Certification of Inventions) Bill was
published on 4 November and the Bill is currently at Committee stage in the Seanad. I intend publishing
the Hallmarking (Amendment) Bill 2016 before the end of 2016.
No Bills from my Department have been signed into law since 6 May 2016.
13/12/2016WRAA04150Departmental Staff Redeployment13/12/2016WRAA04200652. Deputy Marc
MacSharry asked the Minister for Jobs, Enterprise and Innovation if she will provide details of entire
units that have been recentralised back to Dublin in her Department; her Department’s rationale for such
O’Connor):
My Department has decentralised certain functions to a variety of locations as outlined in tabular format
below.
Functions and locations as stated have not been recentralised to Dublin.
Department of Jobs, Enterprise and Innovation, and its Offices
Location Office Decentralisation Dublin Head Office Carlow and Dublin Companies Registration
Office. Decentralised from Dublin to Carlow in stages over the period 2007 to 2010.Kilkenny Patents
Office. Decentralised from Dublin to Kilkenny in 1998. Carlow, Cork, Dublin, Shannon, Sligo Workplace
Relations Commission (WRC) (formerly National Employment Rights Authority (NERA)). NERA was
established in 2007, with headquarters in Carlow and regional offices located in Dublin, Cork, Shannon
and Sligo. The WRC was established with effect from 1/10/15, incorporating the National Employment
Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions
of the Labour Court and the Employment Appeals Tribunal into a new Body of First Instance.
13/12/2016WRAA04350European Solidarity Corps13/12/2016WRAA04400653. Deputy Darragh
O’Brien asked the Minister for Children and Youth Affairs her views on the scope of the EU wide youth
corps, the European Solidarity Corps; if young persons are being invited to enlist now; if the range of
activities are predefined or if young persons are signing up to unspecified tasks and commitments which
might include defence; and if she will make a statement on the matter. [39652/16]
13/12/2016WRAA04500Minister for Children and Youth Affairs (Deputy Katherine Zappone):
The European Solidarity Corps (ESC), which was recently launched by the European Commission, is
conceived to offer people under 30 in Europe the chance to support a nongovernmental organisation
(NGO), local authority or private company active in addressing challenging situations across the
European Union – for instance: rebuilding communities following natural disasters; addressing social
challenges such as social exclusion, poverty, health and demographic challenges; or working on the
reception and integration of refugees. The ESC will build on existing EU professional and volunteering
programmes for youth such as the European Voluntary Service, as well as the mobilisation of established
networks of employment, education and civil society actors across Europe. It will be developed in close
partnership with Member States, local authorities and NGO’s.
Candidates wishing to join the ESC, and entities willing to call on members, will be able to do so via one
single entry point: the dedicated European Solidarity Corps webportal. The objective is to get 100,000
young people signed up to the Corps by 2020. The Corps was subject of discussion and input from young
people from across Europe at the recent European Youth Conference. The European Commission
provided an input on the proposals at the Youth Working Party meeting in October and the ESC was also
raised for information by the Commission at the recent EYCS Council. My Department looks forward to
hearing further detail on the development of the Corps and the role young people and youth organisations
from Ireland might play in it.
13/12/2016WRAA04550Commissions of Investigation13/12/2016WRAA04600654. Deputy Clare
Daly asked the Minister for Children and Youth Affairs the legal course of action available to forced or
illegally adopted persons here who have been effectively excluded from the commission of
investigation. [39380/16]13/12/2016WRAA04700Minister for Children and Youth
Affairs (Deputy Katherine Zappone):
The term illegal adoption is sometimes used to cover a wide range of situations, including the incorrect
registration of a birth. So the Deputy will appreciate that I am not in a position to provide legal advice to
individuals. Any person requiring advices on the legal remedies that may be available to their specific
circumstances should consult with an appropriate legal professional.
By way of general advices I would encourage any person seeking information on adoption, or an
incorrect registration of a birth, to contact the Adoption Authority of Ireland or the Child and Family
Agency’s Community Services in the first instance.
If a person believes that their birth was incorrectly registered they should inform the General Register
Office (GRO) as the body responsible for registration of births, who in turn may refer cases of incorrect
registrations to the Gardaí for investigation of potential criminal wrongdoing. It is also open to any person
with information relating to matters of a potentially criminal nature to report these concerns directly to the
Gardaí.
The present Commission of Investigation into Mother and Baby Homes is examining the arrangements
for the placement of children from such institutions and former county homes. In examining exit
pathways, the Commission is investigating the nature of the relationship between mother and baby homes
and other key institutions – these include children’s homes; orphanages; and adoption societies, involved
in the placement of children. This investigation, and its social history module, will provide a significant
insight into the practices and arrangements in being for over almost threequarters of a century following
the foundation of the State.
This examination will identify the extent to which children’s welfare and best interests were considered
and whether mothers were facilitated to participate in such decisions. The Commission has sufficient
scope to examine both the issue of placing children for adoption at home and abroad, as well as to
examine situations in which the child’s parentage was concealed, either by omission or sometimes, by
illegal means.
However, it is important to be clear that a Commission of Investigation is not designed or structured to
adjudicate on individual behaviours, nor impose penalties, as the legislative basis for a factfinding
Commission does not provide the same constitutional and legal protections for individuals as are present
in the criminal justice system. Therefore, a Commission’s investigations are not criminal investigations.
That being said, if the Commission’s reports reveal concerns of a potentially criminal nature these will of
course be referred to the appropriate investigative and prosecution authorities for further any appropriate
action.
13/12/2016WRBB0010013/12/2016WRBB00200Youth Services Funding
13/12/2016WRBB00300655. Deputy Kevin O’Keeffe asked the Minister for Children and Youth
Affairs the status regarding the provision of funding for a youth officer for Mitchelstown, County
Cork. [39405/16]13/12/2016WRBB00400Minister for Children and Youth Affairs (Deputy Katherine
Zappone):
The Youth Affairs Unit of my Department provides a range of funding schemes, programmes and
supports to the youth sector. Funding of €51m for current expenditure is available from my Department in
2016 to support the provision of youth services and programmes to young people throughout the country
including those from disadvantaged communities. The funding schemes support national and local youth
work provision to some 380,000 young people. It is estimated that the voluntary youth services involve
approximately 1,400 youth work staff in 477 projects and 40,000 volunteers working throughout the
country.
I am aware that in 2014, proposals were made to provide shortterm funding towards the cost of a youth
worker post in Mitchelstown, and that my Department was not in a position to provide funding at that
time.
The Deputy will be aware that a number of funding schemes supporting youth services were the subject
of a Value for Money and Policy Review in 2014. The review involved an indepth scrutiny of the impact
youth service provision has on young people’s lives. The review made a number of recommendations for
the future operation of the youth schemes and their development in the years ahead.
Work on the development of a new funding scheme has been prioritised by my Department and
consultations with youth services are continuing with a view to introducing the new youth funding
programme in line with the review over the coming years.
My Department has embarked on an exercise, in conjunction with Pobal and each Education and Training
Board (ETB) Youth Officer, which will map youth service provision across the State. This mapping
exercise will assist my Department and the relevant ETB in developing a detailed sociodemographic
profile in terms of both population numbers and deprivation levels. It is my intention that this mapping
exercise will inform future development and investment in youth services.
13/12/2016WRBB00500Departmental Expenditure13/12/2016WRBB00600656. Deputy Niall
Collins asked the Minister for Children and Youth Affairs the total photography costs for her Department
per annum since March 2011 inclusive of costs incurred from use of the ministerial allowance in tabular
booking of photographers within her Department; and if she will make a statement on the
matter. [39465/16]13/12/2016WRBB00700Minister for Children and Youth Affairs (Deputy Katherine
Zappone):
Please find in the following table, as requested, the information you require. It is the policy of my
Department to keep costs in relation to the use of photographers to a minimum. My Department has a
detailed project planning process for each event and the decision to book a photographer is based on the
merits of the event. Increasingly my Department utilises its own staff to take photographs inhouse
thereby reducing costs. My Department actively promotes the participation of children and young people
including through mechanisms such as Comhairle na nÓg and Dáil na nÓg. Photography is used on
occasion at such events in order to highlight the work of the children and young people and in recognition
of the particular technical skills required. Events marking children and young people’s participation are
highlighted below.
Photographers were booked for the following events:
Children and Young Peoples Participation Events
Date of Event Event Cost 11/07/11 Report on consultations with young people on Reform of the Junior
Cycle in 2nd level schools €590.20 27/07/11 Report of consultations with children living in the care of the
State. €590.20 18/11/11 Dáil na nÓg Event €820.00 15/10/12 How we see it: Report of a survey on
Teenagers Body Image €436.9707/11/12 Life as a Child and Young Person in
Ireland €493.72 09/11/12 Comhairle na Óg National Showcase €828.55 15/11/13 Dáil na Óg
Event €1,094.70 20/11/14 Comhairle na Óg National Showcase €522.75 27/11/15 Dáil na nÓg
Event €424.35 20/11/16 Comhairle na Óg National Showcase €528.90
Other Events
Date of Event Event Total Cost 23/11/11 Research Launch €375.00 28/08/12 Report of Task
Force €493.72 23/09/12 to 25/09/2012 Visiting Vietnamese Delegation with Vietnamese Minister for
Justice, Adoption Authority and Irish Vietnamese Society €1409.22 04/10/12 to 5/11/2012 Children’s
Referendum Information €1709.70 04/03/13 Standards for Local Youth Groups €436.97 20/06/13 EU
Presidency International Conference Event €120.00 19/09/13 Dublin Castle Networking of Four Youth
Organisations €500.00 20/09/13 Launch of Board of Child & Family Agency €300.00 16/04/14Launch of
Better Outcomes Brighter Futures €189.80 12/02/15 Establishment of Mother and Baby Homes
Commission €90.08
13/12/2016WRBB00800Consultancy Contracts Data13/12/2016WRBB00900657. Deputy Niall
Collins asked the Minister for Children and Youth Affairs the external consultant reports commissioned
by her Department since March 2011 per annum, in tabular form; the costs per report; the company
involved; the title of the report; and the publication date. [39481/16]13/12/2016WRBB01000Minister for
Children and Youth Affairs (Deputy Katherine Zappone):
I have set out in the following table the full range of external consultant reports commissioned by my
Department. Costs may include, where applicable, copy editing, design and other costs relating to
publication. Separate material is provided in respect of the Growing Up in Ireland study.
Name of External Report Date of Commission Date/expecteddate of Publication Name of External
Consultant Cost of Report Audit of Children and Young People’s Participation in Decision Making in
Ireland November 2009 November 2011 Cnag ar an Doras and Sandra Roe (joint
contract) €19,890.42 National Consultation with Children Living in the Care of the State November
2010 July 2011 Cnag ar an Doras €25,610.00 Body Image Survey Report March 2011 October
2011 Anam Cara €6,800.00 Youth Work: A Systematic Map of the Research Literature September
2011 June 2013Social Science Research Unit, Institute of Education, University of (EPPICentre)
London. €67,000.00 Valuation report November 2011 Internal use only Elliott Fitzgerald
Ltd. €1,230.00 Needs Assessment for the Redevelopment of www.childrensdatabase.ie December
2011 Internal use only Centre for Effective Services €18,400.00 Every Child a Home: A Review of the
Implementation of the Youth Homelessness Strategy December 2011 July 2013 Centre for Effective
ServicesPenhouse DesignIntacta Print Carole Devaney for proofing of report and of briefing
note €6,000.00€5,522.70€4,706.57€1,360.00Total:€17,589.27 Comhairle na nÓg and Garda Siochana
survey on the Attitudes of Gardaí to Young People. Questionnaire for Gardaí and Young People July
2012 Internal use only Anam Cara €7,650.00 Public Knowledge and Attitudes Relating to Children’s
Rights, Welfare, Protection and Services July 2012Internal use only Behaviour and AttitudesQualitative
Research – Group FacilitationQuantitative Research – InterviewsBarometer
Research €42,864.98€59,040.00€1,107.00Total:€103,011.98 Ireland’s Consolidated 3rd and 4th Report to
the United Nations Committee in the Rights of the Child July 2012 July 2013 Ms. Carmel Corrigan –
Drafting of ReportMs. Carol Devaney – Editing, Formatting and Indexing €12,600.00€4,760.00Total:
€17,360.00 Strategic Human Resources December 2012 April 2013 Mazars €20,602.50 Internal Audit
Report: Early Childhood Care and Education Scheme Internal Audit Report: ICT Shared Services
Arrangements December 2012December 2012 Internal Use onlyInternal Use only Capita Business
Services LtdCapita Business Services Ltd Combined for both reports €23,803.00 Summary Report for
Young Voices Have Your Say Structured Dialogue January 2013 March 2013 Cnag ar an
Doras €4,918.00 Care Issues Review March 2013 Internal use only Victor McElfatrick €3,556.56 Report
on Structural Damage March 2013 Internal use only Frontier Engineering Group Ltd. €7,668.74 Staff
Roster Review April 2013 Internal use only McGuinness Killen Partnership €6,715.80 Role Review for
Child & Family Agency May 2013 November 2013Mazars €16,512.75 Care Issues Review September
2013 Internal use only Conal Devine & Associates €13,636.21 Internal Audit Report: Community
Childcare Subvention / Childcare Education and Training Supports Programmes January 2014 Internal
Use only Capita Business Services Ltd €8,200.00 Care Issues Review February 2014 Internal use
only Kieran McGrath€13,500.00 Policy Analysis and Development on Remission of Sentence March
2014 Internal use only Bramell Lane Ltd €29,151.00 Land Valuation Report August 2014 Internal use
onlyLisney Chartered Surveyors €2,152.50 Internal Audit Report:National Children’s Detention
Facility October 2014 Internal use only Capita Business Services €12,623.00 Report on the process,
methodology and work of the Comhairle na nÓg National Executive 20142015 November 2014 Internal
report University College Dublin €7,915.05 Internal Audit Report: Programme Integration
Platform November 2014 Internal use only Capita Business Services €15,675.00 Internal Audit Report:
Transactions Audit November 2014 Internal use – Not yet complete Capita Business
Services €16,858.00 Report on Ireland’s Implementation of EU Youth Strategy November 2014 Internal
use only Carmel Corrigan €6,300.00 “Becoming an Active Player” Report on meeting of Better
Outcomes, Brighter Futures Advisory Council December 2014 Internal use only The Change Exploratory
Ltd. €1,600.00 Internal Audit Report: Programme Integration Platform January 2015 Internal use
only Capita Business Services €16,858.00 Internal Audit Report: DCYA Governance of Child and Family
Agency (Tusla)(Working Title) February 2015 Internal use – Not yet complete Capita Business
Services €12,100 (to date) Report on the National Youth Strategy for online survey results, consultation
events with stakeholders and consultation event with young people February 2015 September 2015 Sandra
Roe €4,800.00 Report of the involvement of children and young people in the recruitment of the
Ombudsman for Children March 2015 December 2015 Sandra Roe €6,000.00 A report of consultations
with children and young people for Ireland 2016 May 2015 March 2016 Ursula Kelly
UCC €9,827.70 Review of Public Spending Code Return (Quality Assurance) June 2015 Internal use
only Capita Business Services €4,125.00 Report of the process of consulting children and young people
living in Direct Provision July 2015 January 2016 Ursula Kelly UCC €9,948.00 Audit of education and
training on children’s rights and children’s and young people’s participation in decisionmaking in all
third level and further education programmes and continuing professional development programmes in
Ireland September 2015March 2016 Ursula Kelly UCC €19,978.00 Report of the workshop discussions
at Dáil na nÓg 2015 October 2015 January 2016 Sandra Roe €4,000.00 Updating the Comhairle na nÓg
Toolkit November 2015 June 2016 Cnag ar an Doras Per diem rate – number of days to be
determined Provision of Services Pursuant to A National Consultation with Children (aged 35) on the
National Early Years Strategy December 2015 For internal use to inform the Early Years Strategy. Imelda
CoyneTrinity College,Dublin €23,865.00 Scoping Report on the Development of Data Relating to
Children December 2015 February 2016 Research Matters Ltd €20,726.55 A review of public policy on
play and recreation in Ireland May 2016 Internal use only DIT €13,200.00 Evaluation of the strategic
options to deliver an ICT system to support the Single Affordable Childcare Scheme July 2016 Internal
use only IT Executive Focus €27,950.00 Phase 1 Review for the Strategic Development of the National
Quality Standards Framework October 2016 February 2017 Middlequarter Not finalised Report of the
workshop discussions at the Comhairle na nÓg Showcase 2016 October 2016 January 2017 Marino
Institute of Education €9,203.00 Report of consultations and meetings of Phase 1 of the Children’s
Poverty Truth Commission October 2016 July 2017 University College Dublin Per diem rate – number of
days to be determined Report of Evaluation of Phase 1 of the Children’s Poverty Truth
Commission October 2016 July 2017 Queens University Belfast Per diem rate – number of days to be
determined
Growing Up in Ireland
Note on Growing Up on Ireland
In 2006 a contract to carry out the first phase the National Longitudinal Study of Children in Ireland was
awarded by the Department of Health and Children (through the Office of the Minister for Children &
Youth Affairs) to a consortium comprising the ESRI and TCD. Since then the Study has adopted the
working title of ‘Growing Up in Ireland’. Following another public procurement competition a contract
was awarded to the ESRI/TCD consortium to carry out the second phase of the study over the period
20152019. As part of the overall contract the ESRI/TCD are required to prepare and publish reports from
time to time. The Department of Children and Youth Affairs meets the costs of printing these reports.
Since the establishment of this Department in 2011 the total cost of printing has been €31,967.14.
13/12/2016WRBB01100Public Relations Contracts Data13/12/2016WRBB01200658. Deputy Niall
Collins asked the Minister for Children and Youth Affairs the details of the use of external public
groups; and if she will make a statement on the matter. [39497/16]13/12/2016WRBB01300Minister for
Children and Youth Affairs (Deputy Katherine Zappone):
Please find in the following table, as requested, the information you require. With regard to my
Department’s internal policy on external groups providing public relations services, such groups are hired
as needs arise, where it is felt their professional expertise can be of assistance to my Department.
Name of Public Relations Firm Details of Service Supplied Date of Service Expenditure MKC
Communications Service to assist with information and communications initiatives for the Children’s
Referendum, Report of the Child Death Review Group and the Child & Family Agency. 2012 to
2013 €39,595.00
13/12/2016WRBB01400Ministerial Correspondence13/12/2016WRBB01500659. Deputy John
Brady asked the Minister for Children and Youth Affairs if she has used any private unsecured email
accounts for official business; and if she will make a statement on the matter. [39579/16]
13/12/2016WRBB01600Minister for Children and Youth Affairs (Deputy Katherine Zappone):
I have not used any private unsecured email accounts for official business.
13/12/2016WRBB01700Child Care Services Funding13/12/2016WRBB01800660. Deputy Jim
Daly asked the Minister for Children and Youth Affairs whether a round of funding will be made
available in 2017 under the early years capital grant scheme (details supplied); and if she will make a
statement on the matter. [39795/16]13/12/2016WRBB01900Minister for Children and Youth
Capital funding of €4.5m in respect of the Childcare Sector was made available in Budget 2017 and I
intend to bring forward proposals for a grant funding scheme to access this funding in early 2017. I intend
that this funding will be available to childcare services seeking to improve the capacity, quality and/or
efficiency of their services.
Over 1,000 services received capital funding under the 2016 capital programme one of my first
decisions as Minister was to provide a €2.5M increase in the funding allocation for this programme,
enabling all qualifying applications to be fully funded. The grants that were awarded this year were used
to build/fit out/refurbish rooms or extensions to childcare facilities, make alterations to buildings or to
buy additional play equipment (to a maximum of €5,000) to facilitate an increase in childcare places. I am
pleased that this funding has been fully utilised and a significant number of new childcare places will be
available to children entering the ECCE programme in January 2017 as a result.
13/12/2016WRBB02000Recreational Facilities Provision13/12/2016WRBB02100661. Deputy Jim
Daly asked the Minister for Children and Youth Affairs if she will confirm the financial supports that are
available for investment in capital infrastructure for a community playgroup (details supplied); and if she
will make a statement on the matter. [39796/16]13/12/2016WRBB02200Minister for Children and Youth
My Department administers a Capital Grant Funding Scheme for Play and Recreation. The Scheme was
introduced in 2013 to support new and existing play and recreation facilities for children and young
people. The total amount of funding available under the Scheme in any year is €250,000, with a
maximum grant of €20,000 to any Local Authority.
Applications are invited for projects providing:
New and innovative play and recreation spaces and facilities (New and innovative projects can include
new facilities, equipment, designs and /or the utilisation of non traditional play spaces)
Refurbishment or upgrading of existing play and recreation spaces and facilities
Funding criteria for the Scheme were developed in conjunction with the Local Area Play and Recreation
Network (LAPRN), a group established in 2012 to introduce a more coordinated and interagency
approach to achieving the main goals of the play and recreation policies, at both national and local level.
The following criteria are applied to applications:
Play and recreation spaces and facilities must be available for use by all children and young people in
the locality at times when they are free to use them i.e. outside of school hours
All facilities and equipment must be accessible to children and young people with additional needs
All facilities and equipment must be youthfriendly and safe
All projects funded under the scheme must provide evidence, or a commitment to providing evidence,
that children and young people have been or will be consulted about the project for which funding is
requested
All projects funded under the scheme must provide confirmation that No Smoking signage will be
displayed in play spaces and facilities funded under this scheme.
Community groups can apply to this Scheme through the Local Authority in which the facility/equipment
will be available. Matched funding is a requirement of the Scheme and can be in the form of funds raise
by voluntary groups, or a Local Authority contribution of finance or in kind funding.
Subject to the availability of funds, applications will be invited in early 2017.
13/12/2016WRBB02300Foreign Adoptions13/12/2016WRBB02400662. Deputy John McGuinness asked
the Minister for Children and Youth Affairs the action she has taken to date to prioritise the completion of
an agreement between her Department and the Kazakhstan authorities under the Hague Convention to
authorise the adoption of children from Kazakhstan; when an agreement is likely to be concluded; and if
she will make a statement on the matter. [39841/16]13/12/2016WRBB02500Minister for Children and
Youth Affairs (Deputy Katherine Zappone):
The Adoption Authority of Ireland has advised me that a delegation from the Embassy of Kazakhstan in
London attended a meeting in the Dublin with the Authority on 25th February 2016 to discuss the
possibility of future adoptions from Kazakhstan.
At that meeting Kazakhstan indicated their openness to receiving an application for accreditation from an
Irish adoption agency. The Authority requested Helping Hands Adoption Mediation Agency to begin the
process of seeking accreditation in Kazakhstan. Helping Hands has submitted an application to Ministry
of Justice in Kazakhstan and a decision on the application is pending. The Authority has advised that for
intercountry adoption to be undertaken, the Kazakhstan authorities have stated that any accredited
agency will be required to establish a permanent presence in Kazakhstan. The need, if any, for an
administrative arrangement is not currently being addressed by the Authority pending the outcome of
application for accreditation by Helping Hands.
13/12/2016WRBB02600Departmental Legal Cases13/12/2016WRBB02700663. Deputy Peadar
Tóibín asked the Minister for Children and Youth Affairs if her Department has been involved in any
court proceedings that involved nondisclosure agreements in the past five years; and if so, if the specific
court ruling that prevented knowledge of the court proceeding being known and knowledge of the
participants to the court proceeding from being made known for each of these agreements. [39862/16]
No agreements as referred to by the Deputy have been entered into by my Department.
13/12/2016WRBB02900Community Childcare Subvention Programme
13/12/2016WRBB03000664. Deputy Charlie McConalogue asked the Minister for Children and Youth
Affairs the status of an application under the community child care subvention programme by an
organisation (details supplied) in County Donegal; the reason for the delay in processing same; when
payment can be expected; and if she will make a statement on the matter. [39915/16]
Child registrations for the 2016/2017 Community Childcare Subvention programme were submitted by
childcare service providers referenced by Deputy during the period of 19th September to 14th October
2016.
As with all providers, once these registrations are submitted, the PPSNs therein are subject to a
verification process to check for DSP allowances and HSE Medical/GP visit cards held during that
period. This verification process can take a number of weeks.
Information was published by Pobal on 25th November that CCS funding, based on these verifications
and the identification of specific entitlements accruing to each child, would issue on 9th December
2016.
In respect of the service in question they submitted 64 child registrations for which the entitlements were
confirmed on 25th November. Payments for 3 remaining eligible children will issue next week, with a
fourth to be paid shortly thereafter.
13/12/2016WRBB03200Children and Family Services Provision
13/12/2016WRBB03300665. Deputy Gerry Adams asked the Minister for Children and Youth Affairs the
status of the additional supports for families in emergency accommodation and in particular the additional
access to early years services, school completion programmes and free public transport that has been
provided to families; and the costs of these additional supports. [35450/16]
My Department is currently preparing to rollout administrative changes to the Community Childcare
Subvention Scheme to provide access for homeless children. I will be announcing this in the coming
days.
Under Tusla, the Home School Community Liaison Coordinators and School Completion Programme
staff are prioritising extra supports to children whose families are living in emergency accommodation.
These supports are provided as part of existing provision and no extra cost is associated with either
support.
Examples of supports currently in place include food provision (breakfast, lunch), accommodating
children to arrive in and leave school at times that facilitate parents, provision of uniforms, books etc.
where required, provision of in school and after school supports and activities where appropriate,
checking in with parents regularly and assisting parents in accessing other services, checking in with
children daily and being available to meet and talk to the child.
In certain cases School Completion Programmes organises transport on a short term basis while other
provision is being arranged to enable children to attend school.
Transport costs can be an additional burden upon families residing in hotel accommodation on an
emergency basis. As provided for in Rebuilding Ireland: An Action Plan on Housing and
Homelessness, arrangements are being put in place to provide access to free public transport for family
travel and for school journeys for those homeless families in the Dublin Region that are residing in hotel
accommodation. Accordingly, each family will be given five 24hour family LEAP cards, which will be
valid for use on all Dublin transport systems, allowing for family days out at weekends or during holiday
periods. Furthermore, arrangements are also being put in place to provide for free public transport, where
required, for school children travelling between hotel emergency accommodation and school.
The Dublin Region Homeless Executive is implementing these initiatives. It is currently overseeing the
distribution of the initial tranche of family LEAP cards though their Family Homeless Action Teams, who
will also identify the families’ needs in relation to school journey cards and arrange for their distribution
as early as possible following the distribution of the family cards.
13/12/2016WRBB03500Early Childhood Care and Education Funding
13/12/2016WRBB03600666. Deputy Sean Fleming asked the Minister for Children and Youth
Affairs when a payment in respect of a child care facility (details supplied) will be made; and if she will
make a statement on the matter. [40054/16]13/12/2016WRBB03700Minister for Children and Youth
I believe the Deputy is referring to the Higher Capitation payment under the Early Childhood Care and
Education (ECCE) Programme. The service in question were notified that their application for the Higher
Capitation payment was successful on 19th October 2016. Officials from my Department have made
enquiries with Pobal, who administer payments on behalf of my Department for the ECCE Programme,
and I can confirm that this service have received the appropriate payment, and are fully paid up to 20th
January 2017.
The service should be advised that the information pertaining to Higher Capitation payments is displayed
differently on the Programme Implementation Platform (PIP) to previous years. This information can now
be found in the “Special Allocations” section on PIP.
Should this service have any further queries I would urge them to contact Pobal.
13/12/2016WRBB03800Legislative Programme13/12/2016WRBB03900667. Deputy Michael
Moynihan asked the Minister for Children and Youth Affairs the name and number of Bills in preparation
in her Department and published by her Department since May 2016; the stage each Bill is at in the
Houses of the Oireachtas; the number of Bills from her Department signed into law; and if she will make
a statement on the matter. [40130/16]13/12/2016WRBB04000Minister for Children and Youth
Since May 2016, the Minister has published the Adoption (Amendment) Bill 2016 and the Adoption
(Information and Tracing) Bill 2016. The Adoption (Amendment) Bill was passed by Dáil Eireann on 30
November 2016 and will proceed to the Seanad early in the New Year. The Adoption (Information and
Tracing) Bill 2016 was published on 23 November 2016. In addition, work is at an advanced stage in
relation to the development of the Heads of the Guardian Ad Litem reform proposals. It is anticipated that
draft Heads containing these proposals, the Child Care (Amendment) Bill 2016, will be circulated to other
government departments before the end of this session.
Eight Bills from the Department of Children and Youth Affairs have been signed into law as follows:
1. Child Care (Amendment) Act 2015
2. Children First Act 2015
3. Children (Amendment) Act 2015
4. Adoption (Amendment) Act 2013
5. Child and Family Agency Act 2013
6. Child Care (Amendment) Act 2013
7. ThirtyFirst Amendment of the Constitution (Children) Act 2012
8. Child Care (Amendment) Act 2011.
13/12/2016WRBB04100Child Care Costs13/12/2016WRBB04200668. Deputy Maureen
O’Sullivan asked the Minister for Children and Youth Affairs the initiatives either activated or planned
by her Department to reduce preschool child care costs for parents; and if she has examined models used
in other countries as a possible template. [40193/16]13/12/2016WRBB04300Minister for Children and
Youth Affairs (Deputy Katherine Zappone):
Reducing the cost of childcare is a key priority for me and for the Government. We have a number of
commitments in the Programme for Government relating to enabling access to high quality and affordable
childcare. I am determined to deliver on these commitments.
The introduction of the Affordable Childcare Scheme (ACS) in September 2017 will provide more
accessible and more affordable childcare both on a universal and a targeted basis, to families. This will
represent a major milestone in childcare in Ireland.
Since September 2016, the extension of ECCE had made free preschool available, for 15 hours per week,
to all children from the time they turn three, until they go to school. Children can enter at three points in
the year. On average, children will benefit from 61 weeks, up from the current provision of 38 weeks.
Access to the average 61 weeks of ECCE can reduce the cost of childcare by €4,000 per child. The
current ECCE programme is accommodating 67,000 children and this figure will increase to 127,000 next
year.
My Department extended the terms of the Community Childcare Subvention (CCS) Programme in March
2016 so that it could be provided by private childcare providers across the country as well as
community/notforprofit providers. This was to ensure that eligible families, regardless of where they
live, can access this important childcare subvention. The full rate of CCS reduces childcare costs by €95
per week, and is available to parents in receipt of social welfare payments including the One Parent
Family Payment or Family Income Supplement. This Scheme will continue in existence until the new
Scheme is introduced in September 2017.
The Programme for Government includes a commitment to carrying out an independent review of the
cost of providing childcare. This review will be overseen by my Department and will include analysis of
the potential benefits and risks of imposing price caps on childcare providers. The results will be
considered in the context of the new Affordable Childcare Scheme.
The Department is committed to the provision of childcare options for families that reflect international
evidence on how to attain the best outcomes for children. The InterDepartmental Group (IDG) on Future
Investment in Childcare in Ireland was established in 2015 to identify and assess policies and future
options for increasing the affordability, quality and supply of early years and schoolage care and
education services in Ireland. The IDG examined international evidence on childcare provision,
specifically those that addressed affordability and quality. Supply side measures were found to be more
optimal for reform and quality improvement. The Affordable Childcare Scheme is an example of a supply
side approach and reflects a core recommendation of the IDG to replace the existing targeted childcare
schemes, which are administratively complex and inadequate in terms of accessibility, with a single,
streamlined and more userfriendly scheme. The Affordable Childcare Scheme responds to a specific
need to increase the affordability, quality and supply of early years and schoolage care and education
services in Ireland.
13/12/2016WRBB04400Children and Family Services Provision
13/12/2016WRBB04500669. Deputy Maureen O’Sullivan asked the Minister for Children and Youth
Affairs if Tusla has a dedicated working group providing support for children and parents living in
emergency accommodation in view of their needs, due to the specific impacts on children in emergency
accommodation; and if she will make a statement on the matter. [40194/16]
My Department, as part of a wholeGovernment approach to homelessness is committed to helping
families by supporting implementation of Rebuilding Ireland: the Action Plan for Housing and
Homelessness. Tusla, in addition to the measures set out below, is represented in the structures overseeing
the implementation of this Action Plan
Together with Tusla, we are working to support parents and children in order to minimise, as much as
possible, the impacts of living in emergency accommodation. This year, Tusla provided funding to Focus
Ireland for additional child support workers to assist with the challenges facing families in emergency
accommodation and I will be requesting Tusla to examine the possibility of funding similar initiatives in
2017.
Tusla is providing guidance for Home School Community Liaison and School Completion staff on
helping children and families experiencing homelessness to maintain regular school attendance and has
also appointed a Homelessness Liaison Officer to lead on its engagement with homeless services,
particularly in respect of child protection issues. The joint protocol between Tusla and the Dublin Region
Homeless Executive (DRHE) governing child welfare and protection matters is fully operational and it is
intended to replicate this protocol across the State.
A number of other initiatives are underway to help families in emergency accommodation. The DRHE is
working to provide free public transport for family travel and for school journeys for those homeless
families in the Dublin Region who are residing in hotel accommodation. My Department is funding
research to identify issues regarding access to food and potential nutritional impacts on these families and
we are also enhancing access to early years services for homeless children. I will announce this new
scheme in the coming days.
13/12/2016WRBB04700Departmental Staff Redeployment13/12/2016WRBB04800670. Deputy Marc
MacSharry asked the Minister for Children and Youth Affairs if she will provide all examples of entire
units that have been recentralised back to Dublin from within her Department; her Department’s
My Department is located entirely in Dublin. None of its units have been decentralised or recentralised.
13/12/2016WRBB05000Emergency Planning13/12/2016WRBB05100671. Deputy Aengus Ó
Snodaigh asked the Taoiseach and Minister for Defence the contingency plans his Department has drawn
up to allow the rapid deployment of troops to respond effectively to flooding emergencies and other
natural disasters. [39979/16]13/12/2016WRBB05200Minister of State at the Department of
In accordance with the Framework for Major Emergency Management, primary responsibility for
responding to severe weather events including flooding rests with the three designated principal response
agencies. These are the relevant Local Authority, An Garda Síochána, and the Health Service Executive.
In accordance with agreed arrangements, all of the available resources of the Defence Forces are made
available, upon request and subject to operational requirements, to support these principal response
agencies.
At National level, representation on the Government Task Force on Emergency Planning, by both my
Department and the Defence Forces, ensures the fullest coordination and cooperation in the event of an
emergency.
Major Emergency Plans have been developed by local and regional authorities and these Plans identify
the procedures for requesting assistance from the Defence Forces. The role of the Defence Forces in these
situations is dependent on the nature of the incident and the type of assistance requested.
My Department has put in place Memorandum of Understandings and Service Level Agreements with
other Governments Departments and Agencies to ensure the maintenance of essential services and to
capture the wide ranging supports in both routine and nonroutine and emergency scenarios that the
Defence Forces may provide.
In November 2016 a detailed letter was prepared by my Department officials to inform the Local
Authorities regarding the wide range of capabilities that the Defence Forces can bring to an emergency
response. They were also advised of the local callout arrangements. The call out procedure provides for
24/7/365 contact with the Department of Defence and the Defence Forces.
I am satisfied that when requested, assistance provided by the Defence Forces is provided in a co
ordinated way and that the tried and tested arrangements work well in response to emergency situations.
13/12/2016WRBB05300Naval Service Vessels13/12/2016WRBB05400672. Deputy Eamon Ryan asked
the Taoiseach and Minister for Defence the proposed programme for the purchase of new naval vessels;
and the role it is expected that they will undertake. [40173/16]13/12/2016WRBB05500Minister of State
at the Department of Defence (Deputy Paul Kehoe):
The most significant investment of recent years by the Defence Organisation has been on the procurement
of the new OffShore Patrol Vessels for the Naval Service. The third ship in the programme, LÉ William
Butler Yeats was commissioned in to service in October 2016. A contract for an additional sister ship was
placed with Babcock International in June 2016 at a cost of €54.3m, bringing investment in the new ships
programme to over €250 million since 2010. The fourth ship is scheduled for delivery in mid 2018.
This aligns with the project planning process in place under the White Paper on Defence which will
determine the Defence Organisation’s maritime capability requirements.
The requirement for a fourth ship is regarded as urgent and expedient given the age of the older remaining
ships in the fleet, LÉ Orla, LÉ Ciara and LÉ Eithne all of which are over thirty years of age. The
additional ship will allow the Naval Service meet its patrol day targets with due cognisance to the
significant additional operational requirements for the Naval fleet under Operation Pontus in the
Mediterranean Sea.
The White Paper provides for the replacement of the current flagship, LÉ Eithne, by a multirole vessel
(MRV). LÉ Eithne was built in 1984. It is the Government’s intent that this new vessel will provide a
flexible and adaptive capability for a wide range of maritime tasks, both at home and overseas.
In addition, the two existing Coastal Patrol Vessels, LÉ Ciara and LÉ Orla are due for replacement in the
coming years (also built in 1984). It is outlined in the White Paper that these ships will be replaced with
similar type vessels with countermine and counter IED capabilities.
Work has commenced in the Department of Defence on the next phase of the Naval Service Vessel
Replacement Programme. The specifications for the replacement vessels will be drawn up and a public
tender competition will be instigated to cover the supply of the future ships within the overall available
funding envelope.
13/12/2016WRBB05600Departmental Expenditure13/12/2016WRBB05700673. Deputy Niall
Collins asked the Taoiseach and Minister for Defence the total photography costs for his Department per
annum since March 2011 inclusive of costs incurred from use of the ministerial allowance in tabular
booking of photographers within his Department; and if he will make a statement on the
matter. [39467/16]13/12/2016WRBB05800Taoiseach and Minister for Defence (Deputy Enda Kenny):
The total costs for photography paid by the Department in 2011, 2012, 2013, 2014, 2015 and 2016 to date
is set out in the following table:
Date Company Cost 25/3/2011 Maxwell Photography €393.25 (Including VAT) 9/11/2011 Maxwell
Photography €849.42 (Including VAT) 21/11/2012 Fennell Photography €116.85 (including
VAT) 10/07/2013 Maxwell Photography €17.22 (including VAT) 21/11/2014 Maxwell
Photography €713.40(including VAT)
The Department of Foreign Affairs and Trade, following an EUlevel advertised procurement process,
has established a Framework Agreement comprising five firms for the provision of photography services.
The Framework was established in February 2012 and is open for use by all Government Departments
and Offices. My Department avails of this Framework Agreement for photography needs.
13/12/2016WRBB05900Consultancy Contracts Data13/12/2016WRBB06000674. Deputy Niall
Collins asked the Taoiseach and Minister for Defence the external consultant reports commissioned by
his Department since March 2011 per annum in tabular form; the costs per report; the company involved;
the title of the report; and the publication date. [39483/16]13/12/2016WRBB06100Minister of State at the
The information requested by the Deputy in relation to external consultant reports commissioned by my
Department since March 2011 is set out in the following table:
Report Cost Company Publication Date An independent review of United Nations Interim Force in
Lebanon (UNIFIL) fatalities in 1989 €51,660 Mr. Frank Callanan, S.C. 19 September 2011 Irish Air
Corps Safety Management Systems Review €20,000 Mr. Jacques Michaud 14 November 2013 Research
on vessels linked to Roger Casement €4,605 Mr. John Kearon Not published Third Report of the
Independent Monitoring Group (IMG) €22,500 Dr. Eileen Doyle 3 September 2014 Consultancy report to
access the impact of an upgrade of Departments financial application software €24,870.60 Fujitsu Ltd 30
January 2015 Review of the civil Defence Branch €7,200 Mr. Jim Blighe Not published Review of the
safe operation of Civil Defence watercraft. €26,400 MarMan & Associates, Marine Consultants. Not yet
published Review of communications in Civil Defence Review Ongoing Mr. Ciaran Motherway Not yet
published Independent Review of the investigation of the death of Pte Hugh Doherty and the
disappearance of Pte Kevin Joyce (Caomhán Seoighe) on 27 April 1981 while serving with IRISHBATT
in the United Nations Interim Force in the Lebanon (UNIFIL) Review ongoing Mr. Roderick
Murphy Review ongoing. Publication due in 2017.
13/12/2016WRBB06200Public Relations Contracts Data13/12/2016WRBB06300675. Deputy Niall
Collins asked the Taoiseach and Minister for Defence the details of the use of external public relations
firms employed by his Department per annum since March 2011 in tabular form; the list of uses of the
external public relations firm; the internal Department policy with regard to employing external groups;
and if he will make a statement on the matter. [39499/16]13/12/2016WRBB06400Taoiseach and Minister
for Defence (Deputy Enda Kenny):
My Department has not incurred any expenditure on external public relations since March 2011.
13/12/2016WRBB06500Ministerial Correspondence13/12/2016WRBB06600676. Deputy John
Brady asked the Taoiseach and Minister for Defence if he has used any private unsecured email accounts
for official business; and if he will make a statement on the matter. [39581/16]
13/12/2016WRBB06700Minister of State at the Department of Defence (Deputy Paul Kehoe):
I can confirm that I have not used any private unsecured email accounts for official business.
13/12/2016WRBB06800Defence Forces Medicinal Products13/12/2016WRBB06900677. Deputy Charlie
McConalogue asked the Taoiseach and Minister for Defence the status regarding the Defence Forces’ use
of the drug Lariam; if a distinction was made as to which serving members of the Defence Forces were
provided with the drug; if the Defence Forces will continue to use the drug; and if he will make a
statement on the matter. [39645/16]13/12/2016WRBB07000Minister of State at the Department of
Defence Forces. Malaria is a serious disease which killed approximately 438,000 people in 2015, with
90% of deaths occurring in subSaharan Africa as reported by the World Health Organisation. It is a
serious threat to any military force operating in the area.
There are three antimalarial drugs in use by the Defence Forces, namely Lariam (mefloquine), Malarone
and Doxycycline. The choice of medication for overseas deployment, for both officers and enlisted
personnel, including the use of Lariam, is a medical decision made by Medical Officers in the Defence
Forces, having regard to the specific circumstances of the mission and the individual member of the Irish
Defence Forces. Rank is not a consideration.
suitability.
There are no plans at this time to withdraw Lariam from the range of antimalarial medications available
to the Defence Forces. The use of and the information on medications is kept under ongoing review.
Antimalarial medications, including Lariam, remain in the formulary of medications prescribed by the
Medical Corps for Defence Forces personnel on appropriate overseas missions, to ensure that our military
personnel can have effective protection from the very serious risks posed by this highly dangerous
disease.
13/12/2016WRBB07100Defence Forces Medicinal Products13/12/2016WRBB07200678. Deputy Clare
Daly asked the Taoiseach and Minister for Defence if the broad range of studies demonstrating the
neurotoxic effects of mefloquine, Lariam, (details supplied) have been reviewed and taken into account
by the chief medical officer in coming to the conclusion that the benefits of Lariam as a first line anti
malarial for the Defence Forces outweigh the costs. [39772/16]13/12/2016WRBB07300Minister of State
at the Department of Defence (Deputy Paul Kehoe):
training in the Defence Forces. In this context, I am advised that the Director Medical Branch is aware of
a broad range of studies relating to Lariam and indeed he is also aware of studies relating to the
alternative antimalarial medications and their side effects and contraindications.
The Deputy will be aware that the choice of medication for overseas deployment, is a medical decision
made by the Medical Officers in the Defence Forces, having regard to the specific circumstances of the
mission and the individual member.
suitability. Lariam remains in the formulary of medications prescribed by the Medical Corps for Defence
Forces personnel on appropriate overseas missions, to ensure that our military personnel can have
effective protection from the very serious risks posed by malaria.
There are no plans at this time to withdraw Lariam from the range of antimalarial medications available
to the Defence Forces. The use of and the information on medications is kept under ongoing review.
The health and welfare of the men and women of the Defence Forces is a high priority for myself and the
Defence Forces and this remains the case.
13/12/2016WRCC0010013/12/2016WRCC00150Defence Forces Properties
13/12/2016WRCC00200679. Deputy Róisín Shortall asked the Taoiseach and Minister for Defence the
current situation surrounding the former Columb Barracks site in Mullingar; if he has received any
proposals regarding an alternative use for the barracks; and if he will make a statement on the
matter. [39773/16]13/12/2016WRCC00300680. Deputy Róisín Shortall asked the Taoiseach and Minister
for Defence the timeframe that is remaining to submit proposals regarding the former Columb Barracks
site in Mullingar; and if he will make a statement on the matter. [39774/16]
13/12/2016WRCC00400Minister of State at the Department of Defence (Deputy Paul Kehoe):
try and secure the longterm future of the former barracks for the benefit of the local community.
invited to declare any interest in acquiring the property. To date no interest has been identified.
However, in the context of its potential future use contributing to the positive development of Mullingar,
my Department remains open to viable proposals to these ends from Westmeath County Council. Earlier
this year, on my instructions, officials from my Department attended a public meeting in Mullingar on the
future use of the barracks. Both at that meeting and subsequently the position as outlined herein was
clearly stated. Following that meeting a local group was established in order to prepare a feasibility study
on the future use of the barracks, to date no such report has been furnished to my Department. Also
Officials from my Department recently met with the CEO and officials of Longford and Westmeath
Educational and Training Board regarding possible use of Mullingar Barracks. To date I have received no
proposals from the Board regarding their future use of the barracks.
As the Barracks is no longer required for military purposes the current financial and administrative
burden resulting from the retention of the Barracks cannot be sustained. The disposal of the property by
public auction will now be actively progressed in keeping with the Government’s policy and recent
practice to dispose of surplus property no longer required for military purposes. My officials will be
contacting all existing occupants of the Barracks to discuss their future occupation of the Barracks.
13/12/2016WRCC00450Departmental Legal Cases13/12/2016WRCC00500681. Deputy Peadar
Tóibín asked the Taoiseach and Minister for Defence if his Department has been involved in any court
As I have previously indicated to the Deputy in my response to PQ No. 804, reference No. 37625 of 29th
November last, nondisclosure agreements may be attached to legal cases taken against the Minister for
Defence on a case by case basis, depending on various factors. My Department does not hold separate
statistics in relation to cases involving nondisclosure agreements and each case file would have to be
individually examined in order to ascertain the information requested. As this task would involve
inordinate effort, it is not possible to supply you with this information.
The Chief State Solicitor’s Office and the State Claims Agency manage and provide legal representation
in relation to all cases taken against the Minister for Defence. In cases where the State is considered liable
or which involve an apportionment of liability as between the State and the claimant, I am informed that
both the State Claims Agency and Chief State Solicitor’s Office approach is to settle such cases
expeditiously in so far as it is possible and to do so on reasonable terms. In cases where liability is fully
disputed by the State, all necessary resources are applied to defending such claims robustly.
13/12/2016WRCC00650Defence Forces Recruitment13/12/2016WRCC00700682. Deputy Thomas P.
Broughan asked the Taoiseach and Minister for Defence if a new recruitment drive for the Army, Air
Corps and Naval Service will commence early in 2017; and if he will make a statement on the
matter. [39967/16]13/12/2016WRCC00800Minister of State at the Department of Defence (Deputy Paul
Kehoe):
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. I am advised by the Military Authorities that the strength of the Permanent
Defence Force, at 31 October 2016, was 9,110, comprising 7,331 Army, 713 Air Corps and 1,066 Naval
Service. These figures exclude 72 personnel who are on secondment/career break.
the operational requirements of each of the three services. As there is significant turnover of personnel in
the Permanent Defence Force targeted recruitment has been and is currently taking place so as to maintain
the agreed strength levels. An intake of approximately 600 General Services Recruits is envisaged in
2016.
It is intended that this targeted recruitment will continue in 2017, from the recruitment panels formed
from the current General Service recruitment competition, launched in April 2016, until they are
exhausted. Plans are being put in place to run a new General Service recruitment competition for the
Army and for the Naval Service in the first quarter of 2017. Details of these competitions will be
available on the Defence Forces website www.military.ie when the competitions commence. Air Corps
General Service Recruits are drawn from the Army General Service Recruit campaign panels as
required.
The intake of Cadets into the Permanent Defence Force is normally carried out on an annual basis, taking
into consideration the operational requirements of the Defence Forces and the resource envelope allocated
to Defence. It is planned to launch the 2017 Cadetship competitions in the first quarter of 2017.
Direct Entry Competitions are also held as required from which specialist appointments are filled. An Air
Corps Apprentice Aircraft Technician competition was launched on 9 August 2016, from which it is
planned to enlist 11 Apprentice Aircraft Technicians by the end of December 2016. It is intended to
advertise a further competition in the first quarter of 2017.
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.
13/12/2016WRCC00850Defence Forces Medicinal Products13/12/2016WRCC00900683. Deputy Mick
Wallace asked the Taoiseach and Minister for Defence further to his decision to continue the use of
Lariam for Defence Forces personnel serving in subSaharan Africa, if he will publish the medical advice
that informed his decision on the matter; his views on continued use of Lariam, considering that it has
been widely discredited in view of its negative psychological effects, which have been acknowledged by
the UK Ministry of Defence; and if he will make a statement on the matter. [40063/16]
Malaria is a serious disease which killed approximately 438,000 people in 2015, with 90% of deaths
occurring in subSaharan Africa as reported by the World Health Organization. It is a serious threat to any
military force operating in the area.
There are three antimalarial drugs in use by the Defence Forces, namely Lariam (mefloquine), Malarone
and Doxycycline. The choice of medication is a medical decision made by Medical Officers in the
Defence Forces, having regard to the specific circumstances of the mission and the individual member of
the Irish Defence Forces. That position has not changed
training in the Defence Forces. The Defence Forces Director Medical Branch issues instructions on
matters of medical policy including the use of malaria prophylaxis. This has already been outlined by me
in my response to Questions Nos 683 and 684 of 18th October 2016.
suitability. I am advised that Mefloquine is listed by the World Health Organization in its International
Travel and Health Handbook as one of the antimalarial drugs for use as prophylaxis. The use of and
information on medications is kept under ongoing review.
The choice of malaria chemoprophylaxis for use by other armed forces is an internal matter for those
forces. It would be inappropriate for me to comment on other State’s policy in this regard.
Defence Forces.
13/12/2016WRCC01050Overseas Missions13/12/2016WRCC01100684. Deputy Mick Wallace asked
the Taoiseach and Minister for Defence his views on whether the continued presence of the Defence
Forces in the Golan Heights as part of the UNDOF mission, could make Ireland complicit in a breach of
international law by effectively facilitating the illegal occupation by Israel of Syrian land; his further
views on whether the expertise and skills of the Defence Forces could be better used in DRC, Darfur or
South Sudan; and if he will make a statement on the matter. [40064/16]13/12/2016WRCC01200Minister
of State at the Department of Defence (Deputy Paul Kehoe):
The United Nations Disengagement Observer Force (UNDOF) was established on 31 May 1974 by the
United Nations Security Council Resolution 350 (1974), following the agreed disengagement of the
Israeli and Syrian forces in the Golan Heights in May 1974.
UNDOF was established to:
Maintain the ceasefire between Israel and Syria;
Supervise the disengagement of Israeli and Syrian forces; and
Supervise the areas of separation and limitation, as provided in the May 1974 Agreement on
Disengagement.
Since 1974, the mandate of UNDOF has been renewed every six months, most recently renewed in June
2016 until 31 December 2016 under UNSCR 2294 (2016).
A contingent of the Permanent Defence Force has been deployed to the United Nations Disengagement
Observer Force (UNDOF) on the Golan Heights since 2013. The current Irish contingent, the 54th
Infantry Group, comprising 130 personnel, is based in UNDOF Headquarters in Camp Ziouani on the
Israeli side of the Area of Separation. It operates in the role of a Quick Reaction Force, which is on
standby to assist with ongoing operations within the UNDOF Area of Responsibility. Six (6) other
Defence Forces personnel are also deployed in UNDOF Headquarters.
Since its temporary relocation from a number of positions in September 2014 and pending the time when
UNDOF returns fully to the area of separation, UNDOF has, in line with its mandate from UNSCR 350,
continued to maintain credible presence in the Golan and use its best efforts to implement its mandate. On
14 November 2016, UNDOF completed the initial phase of the incremental return of the mission to Camp
Faouar on the Syrian side of the Area of Separation where Fijian and Nepalese troops are now based.
In this context, UNDOF continues to engage with the parties on practical arrangements to allow the Force
to continue to maintain the ceasefire, monitor, verify and report on violations of the Disengagement of
Forces Agreement and exercise its critical liaison functions with the parties in order to implement its
mandate.
In the most recent report on UNDOF, the UN SecretaryGeneral has stated that the continued presence of
UNDOF in the area remains essential and that both Israel and the Syrian Arab Republic have stated their
continued commitment to the Disengagement of Forces Agreement and the presence of UNDOF.
Participation by the Defence Forces in UNDOF is reviewed by the Government on an annual basis. On 21
June 2016, the Government approved continued participation in the UNDOF mission for a period of
twelve months up to June 2017. The Defence Forces are making a valuable contribution to this important
mission. The presence of the UNDOF mission remains an important element in ensuring the continuing
ceasefire between Israel and Syria and in the wider Middle East region.
Defence Forces have in the past been deployed to Darfur and South Sudan. Currently, four Irish officers
are serving as Military Observers with the United Nations Stabilisation Mission in the Democratic
Republic of the Congo (MONUSCO).
13/12/2016WRCC01250Legislative Programme13/12/2016WRCC01300685. Deputy Michael
Moynihan asked the Taoiseach and Minister for Defence the name and number of Bills in preparation in
his Department and published by his Department since May 2016; the Stage each Bill is at in the Houses
of the Oireachtas; the number of Bills from his Department signed into law; and if he will make a
statement on the matter. [40132/16]13/12/2016WRCC01400Minister of State at the Department of
The Government’s Legislation Programme includes details of the Bills that are currently under
preparation within my Department. The Bills in question are as follows:
1. Defence Forces (Forensic Evidence) Bill;
2. Red Cross Bill;
3. Defence (Amendment) Bill.
There have been no Bills from my Department that have been published or enacted into law since May
2016.
13/12/2016WRCC01450Overseas Missions Data13/12/2016WRCC01500686. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the current level of deployment and location of
Irish troops overseas on UN or EU related missions; the extent to which further missions are planned or
required; the extent to which the need for any upgrading of equipment has been noted arising from such
deployment; and if he will make a statement on the matter. [40145/16]13/12/2016WRCC01600Minister
of State at the Department of Defence (Deputy Paul Kehoe):
As of 1 December 2016, Ireland is contributing 661 Defence Forces personnel to 11 different missions
throughout the world, along with deployments to two standby Battlegroup Headquarters and a range of
international organisations and National Representations.
The main overseas mission in which Defence Forces personnel are currently deployed is the United
Nations Interim Force in Lebanon (UNIFIL) with 379 personnel. Since 22 November 2016, when Ireland
assumed the lead of the joint Battalion in UNIFIL from Finland, Ireland’s contribution to UNIFIL was
increased by some 150 personnel. Ireland is also contributing 136 personnel to the United Nations
Disengagement Observer Force (UNDOF) in Syria.
Full details of all personnel currently serving overseas are shown in the following tabular statement.
With regard to the deployment of Naval Service vessels to the Mediterranean mission, L.É. Samuel
Beckett, with a crew of 57, has recently completed her mission in the Mediterranean and is scheduled to
return to the Naval Base, Haulbowline on Friday next, 16 December. To date, Irish participation in the
humanitarian mission has resulted in the rescue of over 15,600 migrants, which clearly demonstrates the
value of Ireland’s involvement in this important humanitarian response. The question of further
deployment to the Mediterranean in 2017 will be considered in due course.
The Department of Defence constantly reviews the deployment of Defence Forces personnel overseas.
With regard to any future deployments of Defence Forces personnel overseas, Ireland receives requests,
from time to time, in relation to participation in various missions and these are considered on a caseby
case basis.
Defence Forces personnel serving on all overseas missions are equipped with the most modern and
effective equipment to carry out their mission. The Defence Forces equipment is upgraded on a continual
basis. This equipment enables troops to fulfill the roles assigned to them, as well as providing the
required protection specific to the mission.
Members of the Permanent Defence Force Serving Overseas as of 1st December 2016 Defence Forces
Personnel deployed Nos. 1. UN MISSIONS (i) UNIFIL (United Nations Interim Force in Lebanon)
HQ 30 UNIFIL 109th Infantry Battalion 341 UNIFIL Sector West HQ 8 (ii) UNTSO (United Nations
Truce Supervision Organisation) Israel and Syria 13 (iii) MINURSO (United Nations Mission for the
Referendum in Western Sahara) 3 (iv) MONUSCO (United Nations Stabilisation Mission in the
Democratic 4 Republic of the Congo) (v) UNOCI (United Nations Mission in Ivory Coast) 1 (vi) UNDOF
(United Nations Disengagement Observer Force) HQ, 6 Golan Heights, Syria UNDOF 54th Infantry
Group 130 TOTAL 536 UN MANDATED MISSIONS (vii) EUFOR (EUled Operation in Bosnia and
Herzegovina) 7 (viii) EUTM Mali (EULed Training Mission) 18 (ix) KFOR (International Security
Presence in Kosovo ) HQ 12 TOTAL NUMBER OF PERSONNEL SERVING WITH UN
MISSIONS 573 2. OTHER DEPLOYMENTS Naval Service Humanitarian Mission in Mediterranean L.É.
Samuel Beckett 57 3. ORGANISATION FOR SECURITY AND COOPERATION IN EUROPE
(OSCE) (i) OSCE Mission to Bosnia & Herzegovina 1 (ii) Staff Officer, High Level Planning Group,
Vienna 1 TOTAL NUMBER OF PERSONNEL SERVING WITH OSCE 2 4. EU MILITARY
STAFF Brussels 4 5. EU BATTLE GROUP Germanled Battle Group 2016 HQ,
STRASBOURG 10 UKled Battle Group 2016, UK 5 6. MILITARY
REPRESENTATIVES/ADVISERS/STAFF (i) Military Adviser, Permanent Mission to UN, New
York 1 (ii) Military Adviser, Irish Delegation to OSCE, Vienna 1 (iii) Military Representative to EU
(Brussels) 4 (iv) Liaison Officer of Ireland, NATO /PfP (Brussels) 2 (v) EU OHQ Operation Althea,
Mons, Belgium 1 (vi) Irish Liaison Officer to SHAPE & Military CoOp Division, Mons,
Belgium 1 TOTAL NUMBER OF DEFENCE FORCES PERSONNEL SERVING OVERSEAS661
13/12/2016WRCC01650Defence Forces Training13/12/2016WRCC01700687. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the extent to which Army, Naval Service and Air
Corps training continues to be in line with modern and international best practice; if any particular
procedures are shown to be in need of updating; and if he will make a statement on the matter. [40146/16]
13/12/2016WRCC01800690. Deputy Bernard J. Durkan asked the Taoiseach and Minister for
Defence the degree to which current ongoing training of the Army, Naval Services and Air Corps,
including reserves, is scheduled in the course of the next three years; the extent to which such ongoing
training meets international best practice; and if he will make a statement on the matter. [40149/16]
13/12/2016WRCC01900Taoiseach and Minister for Defence (Deputy Enda Kenny):
The primary function of training and education in the Defence Forces is to develop and maintain the
capabilities necessary to enable it to fulfil the roles laid down by Government.
The Defence Forces conducts training and education under four broad categories namely; leadership,
skills, career and collective training. Leadership training is the medium through which the Defence Forces
ensures that personnel are prepared for exercising command authority across the full range of military
functions both at home and overseas in international operations. Skills training is the medium through
which the Defence Forces ensures that its personnel have the requisite individual, specialist, and crew
skills. Career training and education provides the organisation with the necessary pool of leaders and
commanders at all levels. Collective Training allows military personnel to use their individual, crew,
specialist and career training together to develop integrated and coherent combat forces.
The scheduling of training in the Defence Forces, including the Reserve, is underpinned by an analysis of
training needed to meet operational output requirements and capability development needs. A longterm
strategy is adopted with current planning horizons out to 2021.
The Defence Forces seek to constantly benchmark training across all three arms against best military and
academic practice. Military best practice is ensured by implementing a policy of standardisation that is in
line with EU and NATO/Partnership for Peace partners. Academic best practice is ensured by
benchmarking courses through accreditation under the National Framework of Qualifications which is
validated by Quality and Qualifications Ireland. The Defence Forces delivers military programmes and
modules meeting national and international standards. The Defence Forces also engages with external
educational institutions in order to facilitate organisational learning. This engagement with national and
international educational institutions, military and civilian, aims to ensure that the Defence Forces retains
currency with regards to best international practice.
13/12/2016WRCC01950Defence Forces Equipment13/12/2016WRCC02000688. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the extent to which military equipment including
transport, communications and procedures in the Army continues to be upgraded and improved; and if he
will make a statement on the matter. [40147/16]13/12/2016WRCC02100Minister of State at the
The acquisition of new equipment and equipment upgrades for the Defence Forces remains a focus for me
as Minister for Defence, and I am satisfied that the Defence Forces have a modern and effective range of
equipment which is in line with best international standards, as required to fulfil all roles that are assigned
to them by Government.
The future equipment priorities for the Army are being considered in the context of the lifetime of the
recently published White Paper, which recognises that there are several new and or enhanced platforms to
be procured.
The Army will continue to retain allarms conventional military capabilities, and the principal aim over
the period of the White Paper will be to replace and upgrade, as required, existing capabilities in order to
retain a flexible response for a wide range of operational requirements at home and overseas. There will
be a focus on the essential force protection provided by armoured vehicles and the most cost effective
option of upgrading or replacing the current fleet of armoured personnel carriers will be identified. A
small number of armoured logistical vehicles will be procured for force protection overseas and in
addition, my Department expects to place a contract in the near future for the procurement of twenty four
armoured utility vehicles for deployment overseas.
There will be continued investment in the development of suitable network enabled communications in
order to meet the challenges of an increasingly complex operational environment. This is also a priority
area for investment if additional funding, beyond that required to maintain existing capabilities, is made
available.
I am satisfied that the current provisions, together with the courses of action in the White Paper, will
ensure that the Army is suitably equipped to fulfil all roles assigned by Government.
13/12/2016WRCC02150Defence Forces Strength13/12/2016WRCC02200689. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the total strength of the Defence Forces including
reserves, Army, Naval Services and Air Corps; the number of women in each branch of the services; the
likelihood of recruitment or replacements following retirements now and over the next five years; and if
he will make a statement on the matter. [40148/16]13/12/2016WRCC02300691. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the extent to which membership of the local
Defence Forces continues to be maintained at a required level; the extent to which ongoing training
standards and requirements are met; and if he will make a statement on the matter. [40150/16]
The following tabular statement sets out the total strength of the Defence Forces, as of 31st October 2016,
the latest date for which figures are available, broken down by service (Army, Naval Service and Air
Corps) and including the Reserve with the associated numbers of female personnel in each as requested
by the Deputy.
Reserve Army Naval Service Air Corps Total 2,092 7,331 1,066 713 No. of Females 281 471 60 33
It should be noted that figures for the Reserve (above) are for effective members, while figures for the
Army, Naval Service and Air Corps are for Whole Time Equivalent positions.
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. As of the 31st October 2016, the strength of the PDF (wholetime equivalent)
was 9,110 personnel and the total effective strength of the Reserve was 2,092.
the operational requirements of each of the three services. Personnel are posted on the basis of operational
needs across the organisation both at home and abroad. The significant turnover of personnel that is the
norm in military services requires targeted recruitment so as to maintain personnel numbers at or near the
agreed strength levels. It is envisaged that there will be a total intake of circa 700 inductees to the
Defence Forces, consisting of General Service recruits and Cadets, in 2016.
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. To that end, it is envisaged that momentum will be
maintained to encourage new entrants with the anticipated launch in early 2017 of a series of Defence
Forces recruitment competitions.
In terms of ongoing training standards for the Reserve, the 2015 White Paper on Defence sets out a
developmental path for the organisation. On a day to day basis, the Reserve undertakes training in
preparation to assist the PDF, when required. Training across all three arms of the Defence Forces is
constantly benchmarked against best military and academic practice. Training procedures are constantly
reviewed in order to ensure that the men and women of Óglaigh na hÉireann are fully prepared to meet
the challenges of the ever changing security environment.
With regard to RDF training, a key recommendation of the Value for Money Review of the RDF,
published in November 2012, was to ensure that all effective members of the Reserve were afforded the
opportunity to undertake annual training. In 2015, a total of 1,475 Reservists utilised 22,548 mandays in
pursuit of professional development through career courses at all levels, including recruit training, skills
courses, continuous professional development seminars and participation in integrated exercises. In 2016,
Subhead A.5 provided for a budget of €2.150m of which €2.068m provides for a total of 30,000 Paid
Training Mandays for members of the Reserve. This provision is sufficient having regard to the existing
strength of the RDF and the voluntary nature of Reserve training.
A key challenge is to recruit and train sufficient personnel to meet the Reserve establishment provided for
in the White Paper. Recruitment to the Reserve remains ongoing. I am committed to accelerating
induction into the Reserve, in tandem with expanded recruitment into the PDF.
13/12/2016WRCC02650Defence Forces Operations13/12/2016WRCC02700692. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the extent to which the Defence Forces are
adequately equipped to deal with emergencies in respect of which they might be called upon; and if he
will make a statement on the matter. [40151/16]13/12/2016WRCC02800Minister of State at the
My priority as Minister with Special Responsibility for Defence is to ensure that the operational capacity
of the Defence Forces, including the availability of specialised equipment, is maintained to the greatest
extent possible to enable the Defence Forces to carry out their roles both at home and overseas.
In accordance with the Framework for Major Emergency Management, primary responsibility for
responding to emergencies caused by severe weather events, such as the storms and flooding, rests with
the three designated principal response agencies, namely, the relevant Local Authority, An Garda
Síochána, and the Health Service Executive. The Defence Forces provide the fullest possible assistance to
the appropriate Lead Department in the event of a natural disaster or emergency situation in its Aid to the
Civil Authority (ATCA) role.
At National level, representation on the Government Task Force on Emergency Planning, by both the
Department of Defence and the Defence Forces, ensures the fullest coordination and cooperation in the
event of an emergency and that the command structure within the Defence Forces is compatible with the
requirements in this area.
The full spectrum of Defence Forces personnel and equipment, commensurate with operational
requirements, is available for deployments in response to emergency situations. The most important asset
that the Defence Forces can provide is personnel, equipped with personal protective equipment, to operate
during extreme weather events and with the capacity to support and sustain those personnel if deployed.
I am satisfied that the Defence Forces have the necessary resources available to them, including a modern
and effective range of equipment which is line with best international standards in order to fulfil all roles
that are assigned to them by Government. This includes the provision of relevant assistance in response to
any emergency situations that may arise.
Durkan asked the Taoiseach and Minister for Defence the extent to which the Defences Forces can be
mobilised in the event of natural disasters, including flooding, in view of the preferability of early
deployment and the need for the use specified equipment in such situations; and if he will make a
My priority as Minister for Defence is to ensure that the operational capacity of the Defence Forces is
maintained to the greatest extent possible.
In relation to nonsecurity related emergencies, whilst the Defence Forces are not a Principal Response
Agency as defined in the Framework for Major Emergency Management, they provide the fullest possible
assistance to the appropriate Principle Response Agency in the event of a natural disaster or emergency
situation in the Aid to the Civil Authority (ATCA) role.
At National level, representation on the Government Task Force on Emergency Planning, by both my
Department and the Defence Forces, ensures the fullest coordination and cooperation in the event of an
emergency.
To facilitate support to the principal response agencies locally, the Defence Forces are also represented on
the eight Regional Working Groups that have been established under the Framework and, on an ongoing
basis, designated members of the Defence Forces, based around the country, act as Liaison Officers to
Local Authorities. This facilitates effective planning and mobilisation when required.
I am satisfied that Defence Forces personnel have a modern and effective range of equipment to fulfill all
roles that are assigned to them by Government.
13/12/2016WRCC03050Search and Rescue Service Provision
13/12/2016WRCC03100694. Deputy Bernard J. Durkan asked the Taoiseach and Minister for
Defence the extent to which the Air Corps and the Naval Service continue to cooperate in airsea rescue
missions; and if he will make a statement on the matter. [40153/16]13/12/2016WRCC03200Minister of
State at the Department of Defence (Deputy Paul Kehoe):
With reference to Search and Rescue, the Irish Coast Guard has overall responsibility for the provision of
Search and Rescue services within the Irish search and rescue region. Both the Naval Service and the Air
Corps provide support to the Irish Coast Guard in maritime Search and Rescue operations and a Service
Level Agreement is in place setting out their roles and responsibilities in this regard.
13/12/2016WRCC03250Defence Forces Recruitment13/12/2016WRCC03300695. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the extent to which young unemployed persons
have been able to join the Defence Forces; if a specific programme exists in this regard; and if he will
make a statement on the matter. [40154/16]13/12/2016WRCC03400Minister of State at the Department
of Defence (Deputy Paul Kehoe):
There is no specific recruitment campaign aimed at young unemployed persons. Applications to join the
Defence Forces are open to all persons who fulfil certain criteria. The criteria that apply to all applicants
for 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.
Recruitment to the Army and Naval Service is ongoing from a General Service Recruitment competition
which was launched in April 2016. Cadetships competitions are normally held on an annual basis.
In line with the Government’s commitment to a strengthened approach across the economy to social
responsibility, the Programme for Partnership Government and the White Paper on Defence included a
commitment to introduce a pilot Defence Forces employment support scheme with the direct involvement
of the Defence Forces. The pilot scheme successfully ran from Monday 20 June 2016 to Friday 26 August
2016 in Gormanston Camp, with 25 participants.
The objective of the scheme is to help develop a path to economic independence for participants, aged
between 18 and 24 years, who are at a serious disadvantage owing to their current socioeconomic
situation. It encompassed an innovative training programme of 10 weeks duration, consisting of 5 weeks
of training by the Defence Forces interspersed with 5 weeks of educationorientated training by the
Baldoyle Training Centre of the Dublin and Dún Laoghaire Education and Training Board. The scheme
provided participants with new skills, knowledge, competencies and selfdevelopment that have enhanced
their capacity to pursue employment, work experience or further educational opportunities. An evaluation
of the pilot scheme has recently been completed and I expect to receive a report on this shortly. When I
have considered the report I will make a final decision on the rollout of the Scheme, however it is
expected that up to two programmes could be run in 2017.
For the duration of the programme participants were in close contact with a military environment.
Although this should help them become more familiar with what it is like to be a soldier and also help
them to decide whether they might like to be one, it should be noted there is not a direct route from this
programme into the Defence Forces. Those who would like to join the Defence Forces would have to
apply through the normal recruitment competitions but I would expect that their exposure to a military
environment together with the skills they will attain through participation in the scheme and the
improvement in their standard of physical fitness should be an advantage to them.
13/12/2016WRCC03425International Terrorism13/12/2016WRCC03500696. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence if he expects to be in a position to augment any
deficiencies in the Defence Forces in the context of a terrorist attack; and if he will make a statement on
the matter. [40155/16]13/12/2016WRCC03600Minister of State at the Department of
Primary responsibility for the internal security of the State rests with the Department of Justice and
Equality and An Garda Síochána. Among the roles assigned to the Defence Forces in the White Paper on
Defence is the provision of Aid to the Civil Power (ATCP) which, in practice, means to provide
assistance and support to An Garda Síochána when requested to do so. The Defence Forces retain a wide
range of specialist skills which can be deployed in such circumstances, including for terrorist incidents.
There is ongoing and close liaison between An Garda Síochána and the Defence Forces regarding
security matters, including ATCP deployments and a wide variety of military training activities are
specifically designed to counter or respond to possible security emergencies. Regular coordination and
liaison meetings also take place between the Defence Forces and An Garda Síochána in relation to ATCP
issues.
The full spectrum of Defence Forces personnel and equipment are available for deployment in response
to any security and other emergencies that may arise. Within the Defence Forces, both the Ordnance
Corps and the Army Ranger Wing specialise in providing an immediate response to emergency incidents
that might require their highly specialised capabilities.
The Ordnance Corps consists of a number of Explosive Ordnance Disposal teams which are on standby
24/7 to respond when a request for assistance is received from An Garda Síochána to deal with suspect
devices.
The Army Ranger Wing is an integral unit of the Defence Forces whose roles include provision
of specialist ATCP support to An Garda Síochána. The need for a high level of preparedness to deal with
any requests for Special Forces operations is inherent in the unit’s mission. Members are trained to the
highest levels of motivation, physical fitness and skill at arms for their specialist role. The ARW is on
standby 24/7 to be called upon to undertake duties in any part of the country.
I can confirm that the Defence Forces keep their operational plans and response capabilities for dealing
with a wide range of threats under constant review. It is my priority as Minister with responsibility for
Defence to ensure that the operational capacity of the Defence Forces is maintained to the greatest extent
possible. On an ongoing basis I receive advice in this regard from the Chief of Staff and he has confirmed
to me that he is satisfied that the Defence Forces are equipped and resourced to respond as appropriate to
any such events were they to occur in this State.
13/12/2016WRCC03650Defence Forces Equipment13/12/2016WRCC03700697. Deputy Bernard J.
Durkan asked the Taoiseach and Minister for Defence the extent to which he is confident that facilities
such as advanced training, stateoftheart technology and any specific military equipment is available
throughout the Defence Forces with a view to ensuring a competence to deal with national or
international security incidents; if he is satisfied that the Defence Forces have adequate liaison with other
defence forces throughout Europe in the context of any potential threat to national security; and if he will
make a statement on the matter. [40156/16]13/12/2016WRCC03800Minister of State at the Department
of Defence (Deputy Paul Kehoe):
The Department of Justice and Equality and An Garda Síochána have primary responsibility for the
internal security of the State and in the event of a national security incident, An Garda Síochána would be
the first responders. An Garda Síochána may request assistance from the Defence Forces in the context of
Aid to the Civil Power (ATCP). Significant and continuous effort is put into ensuring that the Defence
Forces remain uptodate with regard to best national and international practice in terms of military
thinking and practice and to ensure that the operational capacity of the Defence Forces is maintained to
the greatest extent possible.
On the issue of training, considerable training expertise exists within the Defence Forces and this
expertise is continually benchmarked against best international practice. Where the capability exists,
relevant training is delivered inhouse by highly trained and knowledgeable training instructors. Where
appropriate, Defence Forces personnel are also sent on relevant external courses, both within Ireland and
internationally.
Ireland participates in NATO Partnership for Peace (PfP) which has provided the Defence Forces with the
opportunities to enhance their capabilities for peacekeeping and preventative and crisis management
operations under UN mandates. Membership of the Partnership for Peace has allowed the Defence Forces
to gain access to NATO standards – which are internationally recognised as representing best military
practice. The scope of Ireland’s involvement is focused on enhancing interoperability and familiarity with
operating procedures in a multinational environment and is but one means by which the Defence Forces
liaise with other European Defence Forces on matters of mutual interest.
I am satisfied that the level of resources available to the Defence Forces, including access to equipment
and modern technologies and training, enables the Defence Forces to carry out their numerous roles both
at home and overseas, including any roles that are assigned to them by Government in any emergency
situations that may arise in the role of Aid to the Civil Power.
13/12/2016WRCC03850Air Corps13/12/2016WRCC03900698. Deputy Bernard J. Durkanasked
the Taoiseach and Minister for Defence the extent to which the Air Corps is adequately equipped to
detect and or intercept any activity posing a threat to national security; and if he will make a statement on
the matter. [40157/16]13/12/2016WRCC04000Minister of State at the Department of
The Air Corps is not tasked or equipped to monitor aircraft overflying the entirety of Irish airspace.
However, on a routine basis the Air Corps monitors and communicates with foreign military aircraft
where such aircraft are flying in the airspace in the vicinity of Casement Aerodrome, Baldonnel, where
air traffic control is provided by the Defence Forces.
The Government’s White Paper on Defence (2015) provides for periodic updates to consider progress
with implementation and any revisions required. As stated in the White Paper, should additional funding
beyond that required to maintain existing Air Corps’ capabilities become available, the development of a
radar surveillance capability is a priority for the Air Corps. Funding for this is not provided in the current
resource envelope and any future decisions in this regard will be in the context of the ongoing security
environment and any associated developments. The Air Corps’ existing Pilatus PC9 aircraft provide a
very limited air to air and air to ground capacity. Whilst the development of a more capable air combat
intercept capability will be considered over the lifetime of the White Paper, at this stage there are no plans
in this regard. However, these matters are kept under constant review.
Durkan asked the Taoiseach and Minister for Defence the extent to which specialist skills in dealing with
security threats remain available to the Army, Naval Service and Air Corps; and if he will make a
Primary responsibility for the maintenance of law and order including the protection of the internal
security of the State rests with An Garda Síochána. However, one of the roles assigned to the Defence
Forces is to provide Aid to the Civil Power (ATCP) which, in practice means to assist An Garda Síochána
when requested to do so. My priority as Minister with Responsibility for Defence is to ensure that the
operational capacity of the Defence Forces, including the availability of specialised equipment and
trained personnel, is maintained to the greatest extent possible to enable the Defence Forces to carry out
their roles both at home and overseas.
A wide variety of military training activities are specifically designed to counter or respond to possible
security emergencies and the Defence Forces hold regular coordination and liaison meetings with An
Garda Síochána in relation to ATCP issues.
The full spectrum of Defence Forces personnel and equipment, commensurate with operational
requirements, is available for deployment in response to security threats. In this regard, the Defence
Forces hold a wide range of engineering, transport plant and equipment for military purposes along with
niche capabilities.
I am satisfied that the Defence Forces are fully equipped and trained in line with best international
practice to fulfil all roles that are assigned to them by Government. This includes the provision of relevant
assistance as required in the event of a security threat.
13/12/2016WRCC04250Defence Forces Properties13/12/2016WRCC04300700. Deputy Willie
Penrose asked the Taoiseach and Minister for Defence the steps he will take to ensure that adequate time
is provided to community organisations to devise and submit proposals pertaining to the use of Columb
Barracks, Mullingar, County Westmeath for the use of local community and voluntary organisations
which are currently in situ and other organisations that wish to avail of the facilities in order to provide
essential and vital services to the wider community; and if he will make a statement on the
matter. [40189/16]13/12/2016WRCC04400Minister of State at the Department of Defence (Deputy Paul
Kehoe):
try and secure the longterm future of the former barracks for the benefit of the local community.
invited to declare any interest in acquiring the property. To date no interest has been identified. However,
in the context of its potential future use contributing to the positive development of Mullingar, my
Department remains open to viable proposals to these ends from Westmeath County Council.
Earlier this year, on my instructions, officials from my Department attended a public meeting in
Mullingar on the future use of the barracks. Both at that meeting and subsequently the position as outlined
herein was clearly stated. Following that meeting a local group was established in order to prepare a
feasibility study on the future use of the barracks, several months have passed since that meeting to date
no such report has been furnished to my Department.
As the Barracks is no longer required for military purposes the current financial and administrative
burden resulting from the retention of the Barracks cannot be sustained. The disposal of the property by
public auction must therefore be actively progressed in keeping with the Government’s policy and recent
practice to dispose of surplus property no longer required for military purposes. My officials will be
contacting all existing occupants of the Barracks to discuss their future occupation of the Barracks.
13/12/2016WRCC04450Civil Defence13/12/2016WRCC04500701. Deputy Peter Fitzpatrick asked
the Taoiseach and Minister for Defence his plans for recognising members of the Civil Defence that
provided medical care for members of the Defence Forces and the general public during the 1916
celebrations in 2016; and if he will make a statement on the matter. [40192/16]
Civil Defence is a volunteer based organisation which supports the frontline emergency services. It
operates in partnership between the Department of Defence and local authorities throughout Ireland.
The Department of Defence manages and develops Civil Defence at national level. The Civil Defence
Branch of the Department provides centralised training, administrative support and guidance and
centralised procurement of major items of uniform and equipment in support of local authority Civil
Defence efforts.
At local level, Civil Defence Units are based in each local authority area under the operational control of
the relevant local authority. On a day to day basis these Units operate under the control of a Civil Defence
Officer, who is a fulltime employee of the local authority.
The work of the volunteers benefits society at large, it reaches into every community, be that in support of
the local authorities in flooding incidents, support to An Garda Síochána in searches for missing persons
or providing first aid cover at major events. Civil Defence is involved in numerous community events
right across the country throughout the year. These include State, local authority, charity, cultural and
sporting events. They range from major national events to much smaller local events.
The Government values highly the spirit of service and voluntarism of members of Civil Defence. I fully
recognise and appreciate the time and effort which they freely give through participation in training and
on active duties.
The Department of Defence issues awards to recognise volunteers with 10, 20, 30, 40 and 50 years
service in Civil Defence. These awards recognise the service of Civil Defence volunteers and their
contribution to their communities.
13/12/2016WRCC04650Departmental Staff Redeployment13/12/2016WRCC04700702. Deputy Marc
MacSharry asked the Taoiseach and Minister for Defence if he will provide all examples of entire units
that have been recentralised back to Dublin from within his Department; his Department’s rationale for
such moves; and if Cabinet approval was sought and given in each case. [40475/16]
Following the decentralisation of my Department to Newbridge, Co. Kildare in November 2010, the
Office of Emergency Planning (OEP) was bilocated with offices in both Newbridge and Dublin. The staff
however, were located in Newbridge on a day to day basis but due to the operational requirements of the
National Emergency CoOrdination Centre (NECC) the staff moved back to the Dublin Offices in July
2012.
A National Emergency CoOrdination Centre (NECC) was established in 2007 where Ministers and/or
Senior Civil Servants can convene to coordinate national responses to a major emergency. The NECC
has been used on an ongoing basis since it was established and the NECC is equipped with robust
communications systems and support facilities and is managed by the OEP. The NECC is available to all
Government Departments and Agencies for use in emergency planning and response. It is the venue for
meetings of the Government Task Force on Emergency Planning, Subgroups on Emergency Planning and
the National Steering Group for the implementation of the Framework for Major Emergency
Management. The Severe Weather National Coordination Group and other similar National Co
ordination Groups for other emergencies meet in the Centre when the need arises. The Centre is also used
by a number of Departments and Agencies to hold meetings and briefings. In 2012, in order to support the
Government Task Force on Emergency Planning and service the Departments and Agencies who avail of
the Centre, the Office of Emergency Planning consolidated to one location in Dublin and is based
permanently in the NECC, Agriculture House (2 East), Kildare Street, Dublin 2.
Cabinet approval was not sought for this relocation.
http://oireachtasdebates.oireachtas.ie/Debates
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TwentyEighth Amendment of the Constitution (Treaty of Lisbon) Bill
2009: Second Stage
Wednesday, 8 July 2009
Minister for Foreign Affairs (Deputy Micheál Martin): Tairgim: “Go léifear an Bille an Dara hUair
anois.”
I move: “That the Bill be now read a Second Time.”
It is an honour for me to introduce this Bill. Its purpose is to provide for the holding of a referendum on 2
October 2009, which would allow the people to vote on the Lisbon treaty.
The people voted last June not to ratify the Treaty of Lisbon, by 53.4% to 46.6%. The turn out was 53%.
The Government respects the decision of the people, as expressed in that refer[768]endum. Everything we
have done since last June has been motivated by a desire to understand the reasons behind the referendum
result and to find ways of accommodating the concerns that arose last year. Democracy is about providing
leadership. It is what we are elected to do. In respecting the will of the people, the Government has also
had regard to the desire of other member states, our European partners, to see the Lisbon treaty enter into
force. As members of the Union, we could not just walk away from the treaty as some would have us do.
That is not the way the Union works. It depends on agreement between the member states and thrives on
an unremitting search for consensus, no matter how difficult the situation may be.
In the past 12 months, the Government has worked hard to find a way forward that would give us what
we wanted and could be accepted by all 27 member states. The allparty Oireachtas subcommittee
delivered a comprehensive report on Ireland’s future in the European Union on 27 November. The
Government also began a process of consultation with the other member states, especially the Presidency,
and with the Union’s institutions, aimed at identifying a solution that would deal with Ireland’s concerns
and also enable the Lisbon treaty to come into effect. Our research found that the main reason for voting
“No” or abstaining in last year’s referendum was a lack of knowledge of the treaty. “Yes” and “No”
voters were united in their criticism of what they viewed as a dearth of clear, accessible information on
the treaty’s merits.
After intensive contacts and negotiations, the European Council in December 2008 defined a path to
allow the treaty to enter into force by the end of 2009. Our EU partners stated that this would allow time
to address the concerns of the Irish people. The Council agreed that, provided the treaty enters into force,
a decision will be taken to the effect that the Commission shall continue to include one national per
member state. This represents a clear and positive response to a key concern that arose last year. This was
a considerable win for Ireland, as some member states favoured a smaller Commission. However, they
were willing to accommodate Ireland on this point because they accepted that it had been a real issue
during our referendum campaign last year.
The European Council also agreed that legal guarantees would be given on three key points highlighted
by the Taoiseach as being of significance to Irish voters. These were that nothing in the treaty of Lisbon
makes any change of any kind to the extent or operation of the Union’s competences regarding taxation,
the treaty does not prejudice the security and defence policies of member states, including Ireland’s
traditional policy of military neutrality, and the provisions of the Constitution in respect of the right to
life, education and the family are not in any way affected by the treaty. In addition, it was agreed that the
high importance attached by the Union to social progress, the protection of workers’ rights and public
services would be confirmed.
The legally binding guarantees that Ireland negotiated are in the form of a decision of the Heads of State
and Government. The Council further agreed that the contents of this decision will be incorporated in a
protocol to be attached to the EU treaties after the entry into force of the Lisbon treaty. This will occur at
the time of the next EU accession treaty. The guarantees make clear beyond doubt that the protections in
the Constitution on the right to life, education and the family are not in any way affected by the Lisbon
treaty, Ireland retains control of our own tax rates and Ireland’s traditional policy of military neutrality is
unaffected.
The Council also adopted a substantive solemn declaration on workers’ rights and social policy. The
solemn declaration is designed to deal with the confusion that exists about the impact of the Lisbon treaty
on workers’ rights. Let me be clear, in that the treaty represents a real advance for workers’ rights thanks
to its new horizontal social clause, which was originally inserted at Ireland’s behest, and because it gives
legal effect to the Charter of Fundamental Rights. We should remember that much of the development of
Irish labour law has come about [769]on the back of our EU membership. The Lisbon treaty represents a
genuine further advance in this area.
The decision of the Heads of State and Government on the legal guarantees constitutes an international
agreement. The European Council has made clear that the guarantees are legally binding and that they
will take effect on the date of entry into force of the treaty. If we want to have legally binding agreements
on the right to life, the protection of the family, taxation and our traditional policy of military neutrality,
and if we want to retain our Commissioner, we should move to ratify the treaty. Without the Lisbon
treaty, we will have no automatic right to a Commissioner and no legal guarantees.
If a second referendum is successful, both the treaty and the decision will be registered with the United
Nations under Article 102 of the Charter of the United Nations. Article 102 provides that all international
agreements to which UN member states are party should be registered with the UN Secretariat after their
entry into force.
The Heads of State and Government agreed that the legal guarantees will be set out in a protocol to the
Treaty on European Union and the Treaty on the Functioning of the European Union at the time of——
An LeasCheann Comhairle: I ask Deputies to take a moment to turn off all mobile telephones.
Deputy Micheál Martin: That would be wise. I apologise.
Deputy Dick Roche: This is the thing with new telephones.
Deputy Joan Burton: Is that a BlackBerry or a mobile telephone?
Deputy Joe Costello: A BlackBerry.
Deputy Joan Burton: The notice only refers to mobile telephones, not BlackBerrys.
Deputy Micheál Martin: We are not allowed BlackBerrys in the Department of Foreign Affairs.
An LeasCheann Comhairle: Please.
Deputy Joe Costello: The Minister is a cut above the usual.
Deputy Micheál Martin: Perhaps I will remove the stapler as well. It has been causing me immense
grief.
The Heads of State and Government agreed that the legal guarantees will be set out in a protocol to the
Treaty on European Union and the Treaty on the Functioning of the European Union at the time of the
conclusion of the next accession treaty, which will probably be in 2010 or 2011. As a protocol, the legal
guarantees will enjoy the same status in EU law as the treaties. They will form part of the fundamental
law of the Union.
The Government is of the view that we should put the Lisbon treaty and the package of measures
provided for in the proposed constitutional amendment to the people again for their approval. We trust
that the House will support us in this view. The Government’s firm opinion is that the treaty is good for
Ireland and Europe. Since last year, the situation has changed considerably. We now have explicit, legally
binding guarantees. The treaty will allow us to retain our Commissioner, we have the solemn declaration
on workers’ rights and we will have a protocol at the time of the next accession treaty. The context in
which we will be making our [770]decision about the Lisbon treaty has also changed. Economic
circumstances are dramatically different from the situation that applied 12 months ago and the reforms
provided for in the Lisbon treaty are, therefore, now more important than ever.
The onus is on each and every Deputy who believes in our European future to take this treaty to the
people and to explain its importance for Ireland. We need to engage with the public more effectively than
we did last year. We need to inform them about our much improved package and ask them for their
endorsement so that the Lisbon treaty can come into effect by the end of this year. Our future in Europe,
indeed, our future as a country, depends on being able to join with our 26 EU partners in ratifying this
treaty.
The Bill before the House is relatively short, containing only two sections. Section 2 of the Bill simply
provides the citation of the proposed amendment and the Title. The substance of the Bill is contained in
section 1, which proposes that Articles 29.4.3° to 29.4.11° of the Constitution be amended and I am
happy to explain to the House how we propose to do so.
Article 29 of the Constitution covers Ireland’s international relations and the provisions I have just
mentioned deal with our membership of the EU. It is more than 35 years since Ireland joined the
European Union. In that period, the Union has been at the centre of our engagement with our fellow EU
members and the rest of the world. For the first time, the Lisbon treaty sets out a clear and succinct
statement of the Union’s values, which are our values.
After 35 years of membership, the Government considers it both timely and appropriate to set out an
updated version of our constitutional arrangements relating to the EU. Accordingly, the relevant
provisions of Article 29.4, which have been amended four times since joining the EU, becoming
increasingly complex each time, are being replaced in their entirety. The new provisions set out in a
streamlined and more userfriendly form how our engagement with the EU is to be governed. It is
proposed that part of subsection 3° dealing with the European Coal and Steel Community, the European
Economic Community and the Single European Act be deleted as well, since the references are
redundant. The other subsections dealing with our membership of the EU — subsections 4° to 11°— will
be replaced with new subsections, 4° to 9°, which are set out in a Schedule to the Bill. Part 1 of the
Schedule contains these new texts in the Irish language and Part 2 contains the text in English.
A proposed new subsection 4° would contain a short statement of our commitment to the Union “within
which the member states . . . work together to promote peace, shared values and the wellbeing of their
peoples”. This reflects our highly positive experience of membership going back to 1973. It is in keeping
with the values set out in Article 29.1, which affirms Ireland’s devotion to peace and friendly co
operation among nations founded on international justice and morality.
The proposed new subsection 5° of Article 29.4 provides that the State may ratify the Lisbon treaty and
be a member of the Union established by that treaty. Since the treaty establishes a new Union with legal
personality, it is proposed that the current subsections 4°, 5° and 7° providing for the ratification of the
treaties of Maastricht, Amsterdam and Nice be deleted as they will be made redundant by Lisbon.
The proposed new subsection 5° would take effect after a successful referendum whereas the rest of the
amendments provided for in the Bill would have effect only when and if the treaty enters into force,
following its ratification by all 27 member states. The proposed new subsection 6° ensures legal
compatibility between the Lisbon treaty and the Constitution. It carries forward constitutional cover for
laws, Acts and measures necessitated by the obligations of our EU membership.
[771]This provision is not new and is as old as our EU membership. Every time we ratify a European
treaty — be it the Single European Act or the Maastricht, Amsterdam, Nice or Lisbon treaties — we
make the same point. Every time we do so, opponents claim suddenly that EU law will be superior to
Irish law and the treaty will put the Irish Constitution out of business. They have been wrong each time
and they are wrong again this time.
4 o’clock
The idea of primacy reflects a general principle of international law, recognised since 1937 by Article
29.3 of the Constitution of Ireland. This provides that states must comply with international legal
obligations freely undertaken by them in the exercise of their sovereignty. The practical effect of the
principle of primacy is that it offers certainty and clarity regarding the relationship between the Union’s
laws and those of the member states. It applies only in those specific areas where the member states have
conferred powers on the Union.
This principle of conferral is an important feature of the Lisbon treaty. It makes it clear that the Union
does not have any powers of its own. Its powers derive from sovereign decisions by the member states to
give the Union certain powers. These powers are carefully set out in the EU treaties. This is why EU
treaties tend to be somewhat complex. They need to regulate relations between 27 sovereign states and
their unique partnership within the Union.
Let me make it absolutely clear that the Constitution of Ireland will continue to be the basic legal
document of the State and will continue to determine, in the final instance, the precise relationship
between Irish and EU law. The ultimate locus of sovereignty will continue to reside with the member
states rather than the Union.
The proposed new subsection 7° reflects similar subsections introduced to facilitate ratification of the
Amsterdam and Nice treaties. It replaces the current subsections 6° and 8°. It allows the State to exercise
certain options and discretions provided for in the EU treaties. These include special arrangements Ireland
has negotiated with respect to the area of justice and home affairs, which is referred to in the Lisbon
treaty as the EU’s “area of freedom, security and justice”. The Government may only exercise these
options and discretions after obtaining the approval of both Houses of the Oireachtas.
These arrangements provide for the participation of Ireland and the UK on a casebycase basis in the
following policy areas: general provisions for cooperation in the area of freedom, security and justice;
policies on border checks, asylum and immigration; judicial cooperation in civil matters; judicial co
operation in criminal matters; and police cooperation.
We have consistently given strong support for EU action against terrorism and organised crime and we
made a declaration at the Intergovernmental Conference in 2007 that makes clear our intention to
participate to the maximum extent possible in the relevant proposals in these areas. Furthermore, we have
made a commitment that we will study the evolution of EU policy in this area and review our optout
within three years. Ending the optout, in whole or in part, is one of the options covered in the proposed
new subsection 7°.
The options and discretions also include the possibility of participating in a process known as “enhanced
cooperation”. Enhanced cooperation allows a group of nine or more member states to choose to co
operate on a specific matter in areas in which the Union has nonexclusive competence. Enhanced co
operation cannot expand the Union’s competence.
The proposed new subsection 8° relates to the socalled “passerelle clause” under which the European
Council can decide on a unanimous basis to extend the scope of qualified majority voting in the Council
of Ministers or to extend the scope of codecision arrangements between the Council of Ministers and the
European Parliament. The mechanism may be applied in the following areas: the adoption of qualified
majority voting or codecision, subject to a right of veto by each national parliament; the common foreign
and security policy, but not decisions [772]having military or defence implications; judicial cooperation
in regard to family law, in respect of which Ireland has an optout clause with the right to opt in on a
casebycase basis; social policy; fiscal measures relating to the environment; the adoption of the multi
annual financial framework; and within the ambit of an enhanced cooperation process.
The subsection also gives specific cover for certain measures taken in the area of freedom, security and
justice. These are the extension of the scope of judicial cooperation on aspects of criminal procedure
with a crossborder dimension, the identification of other areas of serious crime with a crossborder
dimension, and the establishment of a European public prosecutor or the expansion of this prosecutor’s
role.
Areas relating to freedom, security and justice covered in subsection 7° are mentioned again in subsection
8°. This is being done to retain control by the Houses of the Oireachtas over these measures, if we should
decide at some point to end our optout in the area of freedom, security and justice. During the
negotiation of the treaty, it was recognised that the role of national Legislatures would be crucial in this
respect. The treaty will give the national parliaments of the member states a direct input for the first time
into EU legislation. These new provisions are contained in two additional protocols, one on the role of
national parliaments and the other on the application of the principles of subsidiarity and proportionality.
Under the protocol on the role of national parliaments, all Commission Green and White Papers, the
Commission’s annual legislative programme and all draft legislation will be sent directly to national
parliaments. This will be done at the same time as they are being sent to the Council and the European
Parliament. This requirement for direct and simultaneous transmission is new. It is intended to give
national parliaments more time for consideration of Commission proposals. The same procedure will
apply to the annual report of the Court of Auditors.
The agendas for and outcomes of meetings of the Council of Ministers must also go directly to national
parliaments. Except in cases of urgency, at least eight weeks must elapse between the forwarding to
national parliaments of draft EU legislation and its being placed on a Council agenda for decision. There
should normally be a tenday gap between the publication of an agenda and the taking of a decision. This
is intended to give national parliaments more time for the consideration and debate of proposals.
The treaty provides that national parliaments must have at least six months’ notice of any intention on the
part of the European Council to use the provisions of the treaty relating to voting in the Council of
Ministers and extension of the codecision procedure between the Council and the European Parliament.
Unanimity is also required in the European Council for any such move. This means that, under the treaty,
Ireland has a double veto, exercisable by either the Government or the Houses of the Oireachtas.
Furthermore, under the terms of the proposed new subsection 8°, the prior approval of both Houses of the
Oireachtas will be required before the Government can proceed with any such proposal. This means Irish
parliamentarians have more than the negative veto provided by the treaty; the Government will be
required to seek affirmatively their permission before the Taoiseach can commit himself to any change at
the European Council.
The Protocol on the Application of the Principles of Subsidiarity and Proportionality further develops the
role of national parliaments regarding the implementation of these important principles. The principle of
subsidiarity is designed to ensure that the EU takes action only when this is necessary and appropriate.
Within eight weeks of the transmission to it of a draft legislative Act, any national parliament, or any
chamber of a parliament, may send to all EU institutions a “reasoned opinion” stating [773]why it
considers that the draft does not comply with the principle of subsidiarity. Account must be taken of these
reasoned opinions. If, within eight weeks, at least one third of national parliaments, or chambers of
national parliaments, issue such reasoned opinions, the draft proposal must be reviewed. It may thereafter
be maintained, amended or withdrawn.
In the case of proposals in the areas of judicial cooperation in criminal matters and police cooperation,
the threshold is one quarter. This socalled “yellow card” system is a major development which will bring
national parliaments directly into the EU decisionmaking process.
In recognition of the particular sensitivity of freedom, security and justice matters, the Lisbon treaty
contains a number of specific provisions associating national parliaments more closely with the Union’s
activities in this area. National parliaments are to be kept informed of evaluations of the member states’
implementation of Union policies in the area of freedom, security and justice, in particular to facilitate
full application of the principle of mutual recognition. They are also to be kept informed about the work
of a standing committee established to promote and strengthen cooperation on internal security
A separate procedure applies where EU legislation is adopted by means of the socalled ordinary
legislative procedure. If a simple majority of national parliaments takes the view that a proposal breaches
the principle of subsidiarity, the proposal can be maintained, amended or withdrawn. If the Commission
decides to maintain its proposal, it must submit its reasons to the Council and the European Parliament,
which will take a majority decision on how to proceed. The European Parliament will act by a majority of
votes cast and the Council will act by a majority of 55% of its members. This is the socalled “orange
card” procedure.
The various provisions I have mentioned will expand very significantly the role of the Oireachtas in EU
affairs. In order to meet these responsibilities and reforms, it is essential that every Minister appear before
the Oireachtas committees prior to and after Council meetings to brief Members.
I am aware of proposals from Fine Gael and Labour on scrutiny and how directives are transposed in
Ireland and I look forward to further discussions in the Oireachtas in the months ahead on the
arrangements for discharging these new responsibilities. It is essential that every Minister appear before
the Oireachtas committees before and after Council meetings to brief Members and as a way to account
for the business they conduct at EU Council meetings.
The proposed new subsection (9) repeats the prohibition on Irish participation in any EU common
defence. This provision was originally inserted in the Constitution at the second referendum on the treaty
of Nice. A change in Ireland’s position can come about only if the Irish people decide so in a referendum.
As I have already explained to the House, the Government has now secured an additional legal guarantee
which makes clear that the Lisbon treaty, “does not affect or prejudice Ireland’s traditional policy of
military neutrality”. The same guarantee makes clear that the treaty, “does not provide for the creation of
a European army or for conscription to any military formation.”
In May, the Peace and Neutrality Alliance said there would be a “Yes” vote on Lisbon if there was a legal
guarantee on neutrality. We got that last month. In April, the same alliance urged us to insist on a
protocol. We got that too. Let me quote again from our legallybinding guarantee, soon to be enshrined in
a protocol:
The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality . . .
The Treaty of Lisbon does not provide for the creation of a European army or for conscription to any
military formation . . . It does not affect the right of Ireland to determine the nature and volume of its
defence and security expenditure.
[774]I repeat: no European army; no conscription; and no obligation to increase our defence spending.
These represent important, explicit guarantees. Fairminded people will, I believe, see them as putting to
rest the various concerns about defence and security that surfaced last year.
The proposed amendment would delete Article 29.4.11°, which allows the State to ratify the agreement
relating to Community patents. This agreement never came into force. The text of this constitutional
amendment is relatively accessible. It is available on our website www.lisbontreaty.ie together with the
texts of the treaties and our White Paper which we launched this morning and which endeavours to
explain as clearly as possible the provisions of the treaty. We circulated this to every Member of the
House. We have a duty to inform voters of the treaty’s contents and implications. We will spare no effort
over the coming months in helping voters make their own assessment of the Lisbon treaty and the
important legal guarantees that now accompany it.
I hope that the electorate will go beyond the detail and look at the big picture. Who can dispute the
enormous positive influence that membership of the European Union has had on our country? Our
farming community has benefited to the tune of €41 billion from the Common Agricultural Policy and
from an expansion of markets over the years. A further €20 billion has come to Ireland in Structural and
Cohesion funding. The Luas from Connolly Station to Tallaght is a product of EU funding. We can thank
the EU for its contribution to the 550 km of motorway in this country. Thanks to the European Single
Market, Irish companies have doubled their exports over the past ten years and we have attracted a huge
amount of foreign investment. Cutting red tape and transaction costs across the market of 500 million
consumers has brought enormous opportunities for Ireland and created hundreds of thousands of jobs.
Membership of the euro means our exporters face no exchange rate risks when they sell their products
within the eurozone. The European Central Bank has kept interest rates low and has provided valuable
liquidity to our banks during the financial crisis. The European Union has funded 5,300 projects to help
the peace process in Northern Ireland and many of these have transformed communities in the Border
counties. Only yesterday we discussed the Kelvin project bringing broadband to the northwest and its
significance for Derry and Donegal which was not lost on any of those representing the parties to the
talks. That is a good illustration of the impact that the European Union has had on the peace process and
on improving infrastructure in the North.
Funding from the European Union for the LEADER programme has given rural communities greater
control over their own futures. Irish universities and research groups in the public and private sectors are
involved in a €600 million research programme, that is the €50 billion Framework 7 research programme
for which Ireland’s target is €600 million and we are well on the way to achieving that. This is cutting
edge research aimed at supporting industry and creating the jobs of the future.
The Union has poured millions of euro into waste recovery and recycling facilities across the country and
as a result, we have a cleaner environment. Thanks to the European Social Fund, FÁS, the Vocational
Education Committees and our universities are able to provide training and upskilling for 160,000 people
in the workforce. Europe is backing the national broadband scheme which is involved in providing access
to affordable broadband services in rural communities. Thanks to action by the European Commission,
following lobbying from Ireland, mobile telephone roaming charges are coming down.
EU membership has helped transform our country. We would not be what we are today without our
tradition of active and constructive European engagement. This is something we need to continue.
Looking back at our experience, we can safely say that the European Union [775]has been faithful to the
commitment it shares with the member states to work together to promote peace, shared values and the
wellbeing of their peoples.
The Lisbon treaty is the culmination of almost ten years of discussion about institutional issues. These
issues are important. Europe needs a properly functioning Union if it is to cope with the challenges of the
future. Now that we have 27 member states, we need to adjust the way the Union operates. Getting the
balance right means making sure the Union can deliver better for us in the years ahead. The Union has a
very positive track record, but it can do better. The Lisbon treaty will give it the capacity to do better.
In the past year our European partners have shown great understanding for Ireland as they listened
carefully to our concerns and agreed to accommodate them. Europe said “Yes” to us last month. I hope
that when the time comes, our people will be able to say “Yes” to Europe. A positive outcome in the
autumn will be vital for Ireland and for Europe.
I look forward to the day when we can turn away from debates about the EU’s structures and concentrate
on its deeds. There is much to be done in dealing with the economic and financial crisis, with the
challenges of climate change and with the risks we face in the area of energy security. I look forward to
today’s debate. Deputies from all parties have much to offer. I hope today’s proceedings will set the tone
for a mature, factbased debate in the months ahead.
Deputy Billy Timmins: I wish to share time with Deputy Breen.
An Ceann Comhairle: Is that agreed? Agreed.
Deputy Billy Timmins: Fine Gael supports this Bill and welcomes its publication, and welcomes
Deputy McGrath’s decision to support a “Yes” vote. I also acknowledge the work of my constituency
colleague, the Minister of State at the Department of Foreign Affairs, Deputy Roche, who has worked
tirelessly to push the project over the past few months.
Selfinterest, with some rare exceptions, is the greatest motivating factor for mankind and while we like
to genuflect to the common good and theorise about compassion, history shows us that in the final
analysis selfinterest will always prevail. Although generally unspoken this is the main driving force
behind our foreign policy formulation. Such a practice is not necessarily a bad thing but in ideal
circumstances it intersects with the common good. The Lisbon treaty presents such a case. It is more than
a housekeeping exercise or tidying up of other treaties and we should not seek to undersell its importance.
If ratified it will create a more efficient and accountable Europe in addition to developing many
progressive policy areas.
Why then did the Irish people reject the proposal last year? Research by Millward Brown IMS outlined a
myriad reasons why this was so, concerns about taxation, neutrality, ethical issues and a loss of power
were some areas highlighted. Another factor in the “No” vote was the subliminal view that Europe is far
removed from the citizen and there is little recourse for one to have an input or question policy. There
was a belief that a “No” vote would have no consequences. All these ingredients, aligned to a collapse in
the economy and a disdain for the perceived establishment, particularly politicians, when stirred in the
melting pot created a force that resulted in a “No” vote. For others it was the seasonal thing to do.
I was a member of the Oireachtas subcommittee on Ireland’s Future in Europe established after the “No”
vote. Those who appeared before the subcommittee ranged from the political to the industrial, members
of the media and civil society. There was an overwhelming view that to ratify the treaty was in Ireland’s
best interest. It was interesting to note that many of the witnesses before the subcommittee changed their
view when questioned on how Ireland had benefited from Europe and the realisation dawned on them that
it was right to vote “Yes”. [776] I welcome the fact that some have come to realise that the arguments
they used in the last campaign were not accurate or helpful.
It was also clear that the “Yes” side had failed to engage people and that there was not enough
information available. I welcome the fact that the Minister has decided to distribute the detail of the
guarantees to all households. It is important that people have the information before them. The complaint
about making it available is not logical. The former MEP, Ms McKenna, complained about this and I
vaguely recall her saying in the runup to the last referendum that if the post of Commissioner was to be
retained she would be happy to vote “Yes” to the treaty. I may be doing her a disservice and she might
like to clarify her position. If I am doing her a disservice I will be the first to withdraw the remark. My
memory is of her making such a claim.
I am very careful to distinguish between “No” voters and many of the “No” campaigners. Many “No”
voters had genuine concerns while many “No” campaigners are opposed to the concept of the European
Union and will dress themselves as proEuropean but opposed to this treaty on some spurious ground,
imparting inaccurate information as if it caused no difficulty. Not all of them run around waving placards.
I do not intend to dwell on this aspect any longer and the inclination of the “Yes” campaign to do so on
the last occasion did not serve our purpose. This should not blind us to the necessity and duty to engage
with those who voted “No” along with those who voted “Yes”. We must outline the benefits of the treaty
to Ireland, Europe and their citizens. The emphasis must be on what the treaty does rather than what it is.
The Lisbon treaty is positive but the real benefit will come from what it will achieve. We are familiar
with the concept of the G8 and G20 but the globe is moving to a G2 of the United States and China. The
economic reality requires Europe to be cohesive but this does not come at the expense of sovereignty.
Since joining the EU, Ireland has pooled its sovereignty in areas where it has benefited both us and
Europe. The only power that Europe has is that which we bestow upon it.
This referendum is also about whether we want to be an influential player within Europe or if we want to
adopt an isolationist policy. It is definitely about whether we want to be in or out, no matter what way we
seek to dress it up. That is not a scare tactic, as this is a fundamental vote on whether we want to play a
part in Europe or be on the sidelines. The choice is ours.
Voting strength will never give us power but the building of alliances will; it is no different for any other
member state. Our strength is in our positive participation, and the waving of vetoes is the antithesis of
democracy. Remaining at the heart of Europe is essential in order to attract investment. Political
uncertainty creates economic instability and now more than ever we need both political and economic
stability. The European Union does much of its business through the community method, where proposals
are prepared by the Commission, which looks to the interests of all member states in order to formulate a
single fair proposal.
The community method, as opposed to the intergovernment approach, favours smaller states. The Lisbon
treaty would have greatly strengthened the community method by adding to its area of operation.
There are measures in the treaty which assist in the fight against crossborder crime and terrorism.
Currently, decisions in this area must be taken by unanimity among 27 countries. Crime does not
recognise borders and Europe is plagued with drug and gun crime, so crossborder cooperation will assist
in dealing with them. Prosecution will be facilitated. The Charter of Fundamental Rights asserts that
human dignity is inviolable. Measures to deal with energy security, climate change and the health check
are also included. All of these are positive aspects.
[777]Being a member of the eurozone is very advantageous to Ireland, particularly in the current
economic climate. The strength of the euro is based on a stable and strong economic and fiscal policy,
and the Lisbon treaty enhances this.
National Parliaments will play a greater role. Fine Gael has identified certain measures which need to be
implemented and others which require consideration, and the Minister alluded to this concept in his
speech. I welcome the fact that he has called on Ministers to appear before committees, similar to the
actions he takes before going to GAERC meetings. It is important for something more formal to be
outlined in this respect.
We have raised concerns regarding enhanced security and the need to carry out an audit of directives
which may have been implemented incorrectly. We must also consider where somebody could have
access to a EU citizens’ officer or a scrutiny committee in order to raise issues of concern. I welcome the
Minister’s reference to this in his speech and I look forward to concrete proposals in the autumn to deal
with such measures.
Some of the “No” campaigners have stated that this is exactly the same treaty. That may well be
technically correct but following the guarantees which will eventually result in protocols to another
treaty, there should be an understanding that this referendum takes place in changed circumstances. The
text of the treaty may not have changed but we have the political commitment to keep a Commissioner
and there will be protocols dealing with guarantees and various areas referred to by the Minister.
This should change the understanding that many of the “No” campaigners had on what the treaty
amounted to. We had guarantees on taxation, for example. It is clear from the treaty that we have
exclusive power over our own taxation measures. Nevertheless, it is welcome that a guarantee can spell
that out. The same applies to social issues and the defence policy.
I welcome the comments by UN Secretary General Ban Kimoon yesterday. He indicated that our
peacekeeping through the mechanism of the regional force of the EU is compatible with our UN
membership. Workers’ rights will no doubt be a big issue in this campaign as the “No” group will focus
on the solemn declaration. It is a reflection on us in this House that virtually all progressive social and
working legislation emanated in Europe.
The Minister has given a commitment to bring forward legislation to deal with the European Defence
Agency, with any programme that Ireland would participate in needing the prior approval of both Houses
of the Oireachtas. Membership of the European Defence Agency will ultimately lead to less spending on
armaments in Europe, and it is more to do with interoperability and cutting back spending rather than
promoting the arms industry.
The Bill seeks to make an amendment to Article 29 of the Constitution to allow Ireland to ratify the
Treaty of Lisbon. Specifically, the Bill proposes to delete the current Article 29.4.4° to Article 29.4.11°,
inclusive, and a part of Article 29.4.3°. Most of the deletions — Article 29.4.3° to Article 29.4.8°,
inclusive — remove references that would become redundant once the Lisbon treaty came into force. The
current Article 29.4.9° prohibits the State from adopting a decision of the European Council to establish a
common defence under the Nice treaty. This prohibition is carried forward by the new Article 29.4.9° of
the 2009 Bill.
The current Article 29.4.10° ensures legal compatibility between the treaties and the Constitution,
providing constitutional cover for laws, acts and measures “necessitated by the obligations” of
membership of the EU and the European Communities. This constitutional cover is carried forward in the
new subsection 6° from the 2009 Bill.
The new subsection 4° recalls the principles motivating Ireland’s membership of the Union, confirming
Ireland’s commitment to playing a part of the European Union, within which member states work
together to promote peace, shared values and the wellbeing of their [778]peoples. This is a new measure
incorporated in the Constitution and a very clear political message of Ireland’s commitment to the
European project.
The new subsection 5° simply allows the State to ratify the Lisbon treaty and to be a member of the
European Union as established by it. The new subsection 6° ensures legal compatibility between EU law
and the Constitution and would carry forward constitutional cover for laws, Acts and measures
“necessitated by the obligations” of EU membership, before and after the Treaty of Lisbon enters into
force. It is the same as the current subsection 10°.
The new subsection 7° provides that the State may avail of certain options and discretions under the
treaty, subject to the prior approval of both Houses of the Oireachtas. This subsection ensures that the
prior approval of both Houses of the Oireachtas is required for the exercise of options and discretions
referred to therein. The options deal with enhanced cooperation and action to be taken in the areas of
freedom, security and justice.
Subsection 7° makes specific provision for the possibility of withdrawing in whole or in part from the
optout provided for the protocol on the area of freedom, security and justice. Any such withdrawal would
require prior approval of both Houses of the Oireachtas. We look forward in the not too distant future to
implementing that measure.
The new subsection 8° states that prior approval of the Houses of the Oireachtas would be a condition for
action under a small number of other areas. This provides for the enhanced role for the Houses of the
Oireachtas in respect of relevant issues. Subsection 8° refers to a position where the European Council,
acting unanimously, seeks to the change the decision making process in certain areas defined in the treaty.
This is the socalled passerelle mechanism.
We in Fine Gael look forward to campaigning for a “Yes” vote in the forthcoming referendum.
Heretofore, a great deal of emphasis was placed on the technical aspects of the treaty. It is important to
outline the benefits of the treaty to this country. The treaty is all about being a player in Europe. It also
relates to participation. Ireland has benefited enormously as a result of its membership of the European
Union. There is no doubt that we cannot operate in isolation. We cannot deal alone with global matters
such as energy security, climate change and possible health threats.
Under Article 46 of the Constitution, the Government has the prerogative to hold referenda as often as it
so desires. In the past week or two, one of the prominent “No” campaigners stated that there might be a
constitutional challenge if this legislation is passed. That individual’s assertion went unchallenged. It is
important to note that the Oireachtas can pass legislation which would allow a referendum on the same
subject to be held on each day of the week.
Fine Gael looks forward to engaging with the public and with those on the “No” side who have expressed
concerns. It also looks forward to returning to those on the “Yes” side to reiterate the positive aspects of
the treaty. It is important that as much information as possible relating to the treaty be disseminated.
However, it is vital that this information should be userfriendly in nature. We must recognise people’s
genuine concerns and seek to address them.
When the second referendum on the Nice treaty was passed, we closed the hatch and declared the matter
done and dusted. We did not really learn our lesson in that regard. I hope we will succeed in obtaining a
“Yes” vote. If such a result is forthcoming, we must put in place measures to ensure that we never again
find ourselves in the position we now occupy. Membership of the EU is, by any stretch of the
imagination, the only game in town for Ireland.
Deputy Pat Breen: I thank Deputy Timmins for sharing time. I welcome the Taoiseach’s
announcement earlier today that the second referendum on the Lisbon treaty will be held on Friday, 2
October. This will, I hope, provide the many young people who did not vote in the [779]previous
referendum an opportunity to do so on this occasion. In addition, I hope the Government has learned
lessons from the way in which it mishandled the previous campaign. In the wake of the first referendum,
many post mortems were held. Last June, the European Union was thrown into an institutional crisis
when 53% of the people of Ireland voted “No” in the referendum. However, I am happy to state — as I
have done on previous occasions — that the Members of the Oireachtas who represent Clare played their
part in the campaign by ensuring that it was one of the few counties which voted “Yes”. I am sure that if
those Members show similar resolve, there will be another “Yes” vote in County Clare on 2 October.
The previous campaign was badly timed and the relevant issues were not communicated to the people in
an effective manner. A series of badly timed interventions added further to the confusion. It was never a
good idea to hold the referendum when the office of Taoiseach was being transferred from one Leader of
Fianna Fáil to another. Fine Gael always contended that the timing was wrong and that insufficient time
was given to explain the extremely complex issues that were involved.
Those on the “No” side communicated their message far more effectively than those in the “Yes” camp.
Their posters, literature and media appearances succeeded, even if much of what was said in respect of
the treaty amounted to simple scaremongering. Many of the points raised by those on the “No” side were
not contemplated by the treaty and, in fact, had nothing to do with it. Many people will recall the famous
poster which showed three monkeys and carried the legend “The new EU won’t see you, won’t hear you,
won’t speak for you”. That was the “No” side’s version of Europe. The poster to which I refer and others
— including those which stated that people would lose money, that Ireland would lose its Commissioner
and that which displayed a reprint of the 1916 Proclamation and asked if this was for what our forefathers
died — proved extremely effective. These various elements contributed to the success of the “No”
campaign and the “Yes” lagged far behind in this regard.
Fine Gael is extremely proEurope and has been since Ireland joined the then EEC in 1973. I have always
been strongly of the view that Ireland’s place is at the heart of Europe and that is where it should be for
the foreseeable future.
During the previous referendum campaign, however, when I was on the campaign trail in Clare
explaining the treaty and drumming up support for it, I was taken aback by the three illtimed
interventions to which I referred earlier and which had a massively negative impact on the campaign. The
first of these interventions occurred when the Taoiseach informed the people that he did not read the
Lisbon treaty in full and yet he expected them to ratify it. In light of the fact that he, as the then Minister
for Foreign Affairs, was involved in drafting the treaty, that statement was extremely surprising. The
second intervention came when the Tánaiste and Minister for Enterprise, Trade and Employment
appeared to be confused with regard to the number of European Commissioners there are at present. The
final intervention, by our EU Commissioner, Mr. McCreevy, added salt to the wound. The latter flew
home to inform us that he had not bothered to read the treaty and that he would not expect any sane,
sensible person to do so.
The ink was hardly dry on the agreement the Taoiseach and the Minister for Foreign Affairs concluded at
the recent EU Council meeting in Brussels in respect of rerunning the referendum when Commissioner
McCreevy again intervened and informed a gathering of accountants that all the politicians of Europe
“would have known quite well that if a similar question had been put to their electorates by referendum,
the answer in 95% of the countries would probably have been “no“ as well”. That may well be the case
but I doubt if all politicians in Europe would have explained the treaty in as poorly a manner as
Commissioner McCreevy or the Government.
[780]I hope Commissioner McCreevy, the Taoiseach and the Tánaiste and Minister for Enterprise, Trade
and Employment will take time to read the treaty in full and will familiarise themselves with the
institutions of Europe and how they work. In that context, I suggest they each pack a copy of the treaty
when they go on holidays in August.
Ireland is not the only country which has encountered problems in ratifying the treaty. In Germany, for
example, a number of MPs and lawmakers — they are mainly from the leftwing Linke party — went to
the Constitutional Court to try to stop the treaty. They claimed that it is undemocratic and undermines the
German Parliament — that is, it cedes too much to Brussels. The German Parliament has already ratified
the treaty, but President Horst Koehler has not yet signed it. The decision of the court was interesting in
that it stated that the Lisbon treaty “could not be adopted until the sufficient legal groundwork for
parliamentary participation as foreseen in the constitution has been laid”. This means that the court has
spelled out in law that any changes to the Lisbon treaty or any expansion of the EU that will impact on
German sovereignty must be voted on in that country’s parliament. The court has required that additional
legislation be introduced in the German Parliament. German MPs will be obliged to vote on this when it
is enacted prior to a general election to be held on 27 September next.
To date 23 of the 27 member states have ratified the treaty. The other two countries which have not yet
signed on the dotted line are the Czech Republic and Poland. President Vaclav Klaus of the Czech
Republic says that he will be last man standing and that he will only sign after the Irish referendum and
when the President of Poland has signed. Now that the German court has made its decision, the only thing
delaying the Polish President is the outcome of the referendum here.
Once again, the eyes of all Europe will be on us in September and October. However, that is not the
reason we should vote “Yes” in the forthcoming referendum on the Lisbon treaty. We should vote “Yes”
because Europe has been good to us. It has been positive in respect of our infrastructure and our farming
community and has been good to the people since Ireland joined in 1973. However the principal reason
for voting “Yes” is because most of the concerns that were raised during the previous campaign now have
been addressed in the new protocol negotiated in Brussels by the Taoiseach. I do not believe it ever was
the case that either military neutrality or abortion law in Ireland was threatened by the adoption of the
Lisbon treaty. Nevertheless, as Deputy Timmins noted, when a Millward Brown poll was commissioned
as to the reason for the treaty’s rejection in Ireland, 33% of the electorate believed the claims that the
introduction of conscription to a European army was included in the treaty, while 34% believed we would
lose control over our country’s abortion policy. The fact that the EU is to enshrine these matters in a new
protocol is helpful in allaying fears on this occasion and it is to be hoped that such issues will not be
raised by the “No” campaigners this time and that they will focus on the facts in respect of the treaty,
rather than trying to frighten people as to what might happen.
Among the other main issues of concern was our rate of corporation tax, the prospect of losing a
European Commissioner and workers’ rights. We have succeeded in retaining a Commissioner and when
the position becomes available, the Taoiseach should consider someone with great experience who could
do the job properly and who could secure a prominent portfolio. It will be important to secure a good
portfolio for Ireland as there will be 27 Commissioners next time around. Consequently, it will be
important to secure one of the five most prominent posts, particularly given developments in respect of
the world trade talks. Although many names have been suggested today, I suggest to the Minister, Deputy
Martin, that on his retirement next year, the present Ambassador of the European Commission to the
United [781]States would be a good candidate. Moreover, an additional important consideration for the
Minister is that such an appointment would not cause a byelection.
Another important issue is that Ireland has the right to determine its own taxation policy. However, the
solemn declaration on workers’ rights does not go far enough and the general secretary of the European
Trade Union Confederation has voiced his disappointment in this regard. I argue, however, that this
declaration is a step forward and that in tandem with the Lisbon treaty and the Charter on Fundamental
Rights, great importance is being placed right across Europe on furthering social issues, public services
and the protection of workers’ rights. It is a stepping stone that can be built on.
The failure to understand the Lisbon treaty was cited by 42% of Irish voters as the main reason they voted
“No” last year, while 46% of those who did not vote stated that the main reason they stayed away from
the polling booths was because they did not understand the treaty either. It is imperative that the
Government get it right this time. The failure to communicate and explain the details of the Lisbon treaty
was the Government’s single biggest failure during the last campaign. As I stated earlier, it was highly
frustrating for those of us who worked hard during the last campaign and who thought that everyone
understood the treaty’s content. Unfortunately, as the Millward Brown polling exercise revealed, the
people did not. One must get the message right and to succeed in so doing this time, the treaty must be
read, understood and above all else, be communicated properly.
We now live in an era of instant communication in which Twitter, YouTube, Facebook and many other
social networking sites are used widely to communicate. The Obama presidential campaign showed how
effective the use of the Internet and social media can be in modern communications. His campaign used
the Internet and the social web in particular in a manner that had been unprecedented heretofore.
Consequently, it was able to build on relationships with voters across the social web by using multiple
social media channels. Voters engaged with the Obama campaign by, for instance, connecting with him
through Facebook and then used their own Facebook pages to build support for the candidate. As issues
will arise rapidly during the campaign on the Lisbon treaty in September, it is instructive to recall that an
issue arose in respect of the authenticity of President Obama’s birth certificate. Voters were able to check
out the facts on the issue instantly and the response was distributed instantly, which could not have been
done through traditional media outlets.
I urge the Government to take a leaf out of the Obama campaign experience for the purposes of the
referendum, rather than for Fianna Fáil purposes.
Deputy Billy Timmins: Not even such methods can save Fianna Fáil.
Deputy Pat Breen: However, there will be no point in trying to get the Government’s message
across using such social media outlets unless people can understand it, which is an extremely important
point. I understand that a postcard is to be distributed to every household nationwide and I hope it will
explain the treaty, rather than leaving voters more confused. I also hope that Government Deputies will be
out campaigning for a “Yes” vote this time.
William Butler Yeats once wrote “all changed, changed utterly”, and how true this is of the period since
the last Lisbon referendum was put to the people. The position has changed radically over the past 12
months. More people are unemployed and inflation has fallen by 4.7%, the sharpest decline since 1933. I
thank the Ceann Comhairle for the opportunity to speak and I look forward to working with my Fine Gael
colleagues and my colleagues from County Clare on the benches opposite to ensure that Clare again votes
“Yes” in the referendum on 2 October.
[782]Deputy Joe Costello: I welcome the opportunity of discussing the TwentyEighth Amendment
of the Constitution (Treaty of Lisbon) Bill 2009. There has been a great flurry of activity in the past day
or two, with the publication of the White Paper today, the announcement of the chair of the referendum
commission, Mr. Justice Frank Clarke, who I believe will do an excellent job, the proposed postcards and,
finally, the longawaited legislation has been brought before Members. The Bill itself appears to be pretty
straightforward and is an improved version of the previous legislation from last year. The Government
has benefited from a few suggestions made by the Labour Party on tightening up parts of the approach to
the Bill. Certainly, the removal of the redundant parts of Article 29 of the Constitution pertaining to
previous matter that has been overtaken by newer treaties is welcome. Moreover, it also is welcome that
the proposed amendment contains a more simplified version in terms of the new provisions.
Part 2 of the Bill starts with an affirmation of apple pie and motherhood. I refer to section 4, where:
Ireland affirms its commitment to the European Union within which the member states of that Union
work together to promote peace, shared values and the wellbeing of their peoples.
It is worth making that statement and I welcome it. The Bill then goes on to describe the conferral of
competences and how “no provision of this Constitution invalidates laws enacted, acts done or measures
adopted . . . that are necessitated by the obligations of membership”. It continues by describing the
options and discretions that are subject to the prior approval of the Oireachtas. Finally, it deals with the
decisions, regulations and other acts that the State may agree to, again subject to the approval of the
Oireachtas, as well as the prohibition on common defence, which again repeats what was there before.
All of these provisions, in a more simplified fashion, are welcome. The Labour Party will campaign for
another “Yes” vote this time, as it did the last time. If one considers the main players from the “No” side
in the last referendum, the main thrust of the Libertas campaign was on the issue of taxation. This matter
has been dealt with comprehensively in the legal guarantees.
The Minister referred to the Peace and Neutrality Alliance, PANA, which made a commitment to support
a “Yes” vote if it received the necessary legal assurances on military neutrality and defence. These are in
place so we wait to see what my good friend Mr. Roger Cole will have to say. Sinn Féin and the National
Platform EU Research and Information Centre, which is one of the platforms used by Patricia McKenna,
were great champions of retaining the Commissioner. They did not want to lose the Commissioner. We
did not lose a Commissioner but I have not heard too many words of approval from them. Coir was
concerned with the threat of abortion and we must wait and see if that group is now satisfied. Mr. Joe
Higgins and the Socialist Party was concerned with two issues, militarism and workers’ rights. The threat
of military involvement has receded and we must wait and see if he is satisfied with the solemn
declarations on workers rights. The Independent Deputy, Finian McGrath, takes an all sorts of everything
approach and we must wait and see on which side of the fence he lands on this occasion.
It is a shame the Government is pursuing the same guillotine process it pursued for the past two weeks on
end of term legislation. This is not end of term legislation, it is too important to be dealt with in the same
fashion. This involves an amendment to our constitution and it is unacceptable that all stages of any Bill,
but certainly a constitutional amendment Bill, should be dealt with in the same sitting. It will be done in a
short space of time, given that we started at 3.45 p.m., leaving only five or six hours. We have an
opportunity to have a proper debate in [783]this House. The only people who will get an opportunity to
speak are spokespersons and people who are very much associated with the European Union. In the next
three months this will be one of the singular issues of the day. It will be discussed abroad, on the radio,
through electronic media and on chat shows. This was an opportunity to launch the campaign properly
whereby Deputies have the opportunity to articulate their views and, for some, their concerns on the
matter. It was an opportunity to put their first articulations on this new referendum proposal. That we did
not have a full scale debate, allowing every Deputy and Senator to make a statement of intent, represents
a lost opportunity. They are elected by constituents and I imagine constituents would like to give
Members this opportunity to represent them. Perhaps the Minister will refer to this in his reply.
Yesterday the Secretary General of the UN, Ban Kimoon, came to this country, addressed Members of
this House and spoke in Dublin Castle. He spoke about Ireland’s impressive role in peacekeeping
missions abroad under the United Nations mandate since Lebanon in 1958. He said that of the 16 United
Nations missions in progress, seven have Irish involvement. Almost 50% of the totality of military and
civilian missions involving the UN had Irish participation. This is a formidable record of participation in
peacekeeping and conflict resolution. This will be carried over into Ireland’s participation in the EU. This
has resulted in getting a strong Irish character, and a sense of the particular place from which we are
coming, to the development of foreign and security policy in the EU.
No EU member state retains conscription for its citizens, which was a major issue in the last referendum
even though no country imposes it. Nor does any EU member state speak of an EU army. Even France,
the longterm champion of a stand alone, common EU defence force, has gone cold on the idea. It is
abundantly clear from the legal guarantees, which will become a protocol at the next treaty, that any
decision to move to a common defence would require a unanimous decision of the European Council.
Even if a Taoiseach was tempted to sign up for a common defence at a European Council, he or she could
not do so as the new subsection 9, amending Article 29 of the Constitution, makes clear.
The legally binding guarantee on security and defence makes it clear that the principles of the United
Nations charter and international law are the basis for the EU’s action on the international scene under the
Lisbon treaty. The Union’s common security and defence policy is an integral part of the common foreign
and security policy and provides the EU with an operational capacity to undertake missions outside the
Union for peacekeeping, conflict prevention and strengthening international security. Participation in
permanent structured cooperation or the European Defence Agency are matters for each member state.
We always said they were but the contrary was asserted in the previous debate. The Government has
already announced that it will shortly introduce legislation imposing the triple lock mechanism on Irish
participation in the European Defence Agency. This is the mechanism that applies for Irish participation
in military missions at present. The Minister did not state when this legislation is due and I ask him to do
so.
Ireland’s policy of active military neutrality is not prejudiced but enhanced by the Lisbon treaty. The Irish
interpretation of the military role of the EU under Lisbon as expressed in the guarantee on security and
defence has been signed by the 26 other member states. Thus, peacekeeping missions in accordance with
the principles of the United Nations charter are clearly the way forward for EU military action.
Mr. Kofi Annan, the former UN Secretary General expressed his hope in May 2008 that the Lisbon treaty
would come into force because it would strengthen EU peacekeeping capabilities by providing greater co
ordination among member states. The UN Secretary General, Ban Kimoon, went a step farther when
speaking in Dublin Castle yesterday. He said that the EU was [784]one of the world’s most important
regional political and economic entities for the United Nations because it provided the UN with a vehicle
for fulfilling its mission under the charter to keep the worlds’ peace. He stated:
I know how carefully Ireland considers its overseas military deployments. I know as well that a U.N.
mandate is one of the requirements not just as a matter of policy but as a matter of law. Let me assure you
that Ireland’s participation in EU military and civilian missions is fully compatible with its traditional
support of the United Nations.
Article 3, subsection 5 of the Lisbon treaty restates the EU’s international values:
In its relations with the wider world the Union shall uphold and promote its values and interests and
contribute to the protection of its citizens. [This statement is second to none.] It shall contribute to peace,
security, the sustainable development of the earth, solidarity and mutual respect among peoples, free and
fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child,
as well as to the strict observance and the development of international law, including respect for the
principles of the United Nations’ Charter.
In a very real sense Ireland and the United Nations have made common cause in ensuring that the EU
holds the same world view on military actions as they do. Active participation by Ireland at the heart of
EU decision making is the key to that success. People who express concern at the threat to Ireland’s
neutrality by the proposed strengthening of the EU’s military capabilities under the Lisbon treaty should
not and cannot see it as a threat but rather as an opportunity to enhance the United Nations capabilities in
keeping the world peace through, as Ban Kimoon stated, “an everexpanding relationship” with the EU,
which he described as “one of our most important partners”.
The ruling of the German constitutional court on the Lisbon treaty was one of the more interesting
developments in recent times.
Just over a week ago, on 30 June, the German constitutional court ruled that the Lisbon treaty was
compatible with German law. It also ruled that it would not create a European Union superstate — how
often have we heard about a superstate being created by the Lisbon treaty? The court also ruled that the
European Union would remain an association of sovereign states to which “the principle of conferral”
applied.
5 o’clock
However, the court also determined that the national parliament had to assert itself in the areas of
democracy, sovereignty and the construction of the European institutional framework. The German
Government must address those issues in a new law which will be needed to accompany the treaty’s
ratification; this will probably be introduced in August or September prior to the country’s general
election on 27 September. The contents of the new law will be revealing and may be farreaching.
Effectively, the constitutional court has declared that German parliamentarians have failed to take
adequate responsibility for asserting their national democratic rights and playing an active role in the
European Union integration process.
The court’s decision has a strong resonance in Ireland where it is generally agreed that our national
Parliament has not played its full role in the development of the European Union institutions or
participated properly in European Union decision making. Undoubtedly our Government has been active,
but not our Parliament. The Lisbon treaty recognises this democratic deficit and makes provision and
provides encouragement for national parliaments of the [785]member states to engage with the European
Union institutions in devising, determining and implementing policy.
It is estimated that at present 75% of all legislation has its origins in the European Union yet our national
parliamentary structures have scarcely altered since we joined the European Community in 1973. A Joint
Oireachtas Committee on European Affairs was established then. Thirty years later the Joint Oireachtas
Committee on European Scrutiny was established but only after the defeat of the Nice treaty in 2001
when the democratic deficit between the operation of the European institutions, the governments of the
member states and the operation of national parliaments became obvious. Parliamentary participation is
thus confined to two committees of the Oireachtas. In this respect, only a very limited number of
Deputies can participate in European Union affairs.
I welcome today’s statement by the Minister for Foreign Affairs that the Cabinet Ministers should appear
before the committees of the House. However, they are merely committees of the House and there is no
recourse to the Oireachtas in plenary session until the work programme of the Commission has been
approved for transposition into domestic law. The only time the European Union appears directly on the
floor of the Houses of the Oireachtas is for a 60 or 80 minute session to discuss the conclusions of the
European Council four times annually. Our only parliamentary participation is that of two committees
with a very limited number of Members represented there. This is a handsoff rather than a handson
approach by the national Parliament, which is what the German constitutional court referred to with
regard to German parliamentarians.
The Lisbon treaty envisages a strong participative role by national parliaments at all stages of the
decisionmaking process. The Government must sit down with Opposition Members and MEPs after the
Lisbon treaty referendum, which it is hoped will be a success, and agree new structures to ensure that the
Oireachtas plays its full role in the activities of the European Union and adequately scrutinises the
Government’s actions in this regard. Moreover, the protocol on the principles of subsidiary and
proportionality should be bedside reading for all Members of the Oireachtas.
The Government’s proposals for reform of the Dáil are a small step in the right direction. I do not know
whether the Minister has seen these proposals but it is envisaged that the Dáil will sit more often on
Fridays to discuss issues including EU matters. Friday or another sitting day should be dedicated solely to
EU business in full plenary session. This is the only way we can begin to address European Union matters
in a serious way. It will not be easy to deliver on this type of approach but the only response we can make
is to restructure our business in such a way that we fully integrate European matters into the plenary
sessions and workings of the Parliament. It will require substantial restructuring if we are to do so
effectively.
I wish to speak on the thorny issues of workers’ rights, social policy and public services. The issue of
workers’ rights is significant for the Irish electorate, as was demonstrated in the Millward Brown survey
which showed that 40% of voters in the previous referendum on the Lisbon treaty expressed significant
concern in this regard. A number of high profile cases decided in the European Court of Justice, namely,
Laval, Viking, Rüffert and Luxembourg, gave rise to concerns that the hardwon rights of workers in
member states could be undermined by the court’s interpretation of the free movement of labour. These
were very much to the fore during the debate in the last referendum.
The Labour Party is particularly anxious that the European Union is a bastion of support for social
progress, the protection of workers’ rights and the prevention of exploitation in the workplace. The
Charter of Fundamental Rights is a key reason the Labour Party so quickly and readily supported the
Lisbon treaty. It is a legallybinding document which is particularly [786]strong on social solidarity and a
comprehensive range of citizens’ rights, including the right of workers to information and consultation in
the workplace; the right to collective bargaining and industrial action including strike action; the right to
protection against unfair dismissal; the right to fair and just working conditions and the prohibition of the
exploitation of workers.
Once the Lisbon treaty is adopted these will become part of European law. If and when the Lisbon treaty
becomes law all further EU law must be informed by and have regard to those fundamental rights and we
consider this to be a very important development. Speaking at the Irish Congress of Trade Unions
Congress in Tralee yesterday, Deputy Eamon Gilmore, the leader of the Labour Party, made it clear that
the Labour Party in government would legislate to enshrine the provisions of the Charter of Fundamental
Rights into Irish law. Among other measures, this would provide for collective bargaining rights for
workers. This would mean that where workers opted to join a trade union, management would have to
recognise this and negotiate with them.
The Labour Party commitment was warmly welcomed by the general secretary of ICTU, David Begg,
and by Jack O’Connor, the president of SIPTU, as one of the most important developments for the trade
union movement in decades. Last week, when speaking in the House, Deputy Eamon Gilmore further
specified the eight legislative proposals in the social partnership agreement, Towards 2016, which need to
be passed into law and on which the Government is dragging its heels. I have also raised this matter in the
House on quite a number of occasions as the Minister well knows. We need to get our domestic house in
order with regard to workers’ rights rather than relying on Europe, although Europe has a good track
record of contribution in this regard.
The eight areas to which Deputy Gilmore referred include the temporary agency workers’ directive,
which is now a year old and must be transposed one way or another by 2011 at the latest and should be
fasttracked. It gave rise to much difficulty in the previous referendum. Another area is the Employment
Law Compliance Bill 2008, which is almost two years old and provides for statutory supervision of the
workplace. It is in the House doing the rounds but it is time to put it to bed and establish the authority on
a statutory basis. The areas also include the Industrial Relations Bill which provides protection in the
hotel, catering and construction industries and the Employment Agency Regulation Bill.
Further areas referred to include antivictimisation legislation to protect workers who choose to join a
trade union, which was promised in March 2009 and which has still not been published; legislation to
address employee representation at work, which was supposed to be enacted last month but has not yet
been published; the amendment of section 4 of the Competition Act 2002, to exempt freelance journalists,
musicians and actors from competition rules; and the transposition of the optional pension provision of
the transfer of undertakings directive into Irish law, a directive that should be in place at this stage. We
could add a ninth piece of legislation to this list, the posting of the workers’ directive, which was
transposed into Irish law in 2001 but which has given rise to much grief in other countries. It is something
that should be revisited to ensure that the existing rights of workers in Ireland cannot be undermined.
We would prefer that the Government would establish a timetable for enacting these pieces of legislation,
because that is part of the Towards 2016 social partnership agreement. It would be best if the Government
came up with the timeframe for the enactment of the proposals before we enter into full debate on the
referendum. Failing that, the Labour Party has pledged that in Government it will deal with the issue of
workers’ rights once and for all. We will put the issue to bed so that our domestic legislation will not
tolerate a situation such as that which arose in the case of some of the European Court judgments to
which we have referred.
[787]The Lisbon treaty provides for the first time a legal basis to distinguish between public services that
are not suitable for competition and other services of a general economic nature where competition is
allowed. The protocol on services of general interest spells things out and makes clear “the essential role
and the wide discretion of national, regional and local authorities in providing, commissioning and
organising services of general economic interest as closely as possible to the needs of the users”.
Therefore, services must be provided in a democratic fashion within the national, regional and local
authorities and must take into consideration the needs of the users. Furthermore, it promotes “a high level
of quality and affordability, equal treatment and the promotion of universal access and users rights”
where these services are provided.
Article 2 of the same protocol makes it clear that “The provisions of the Treaties do not affect in any way
the competence of Member States to provide, commission and organise noneconomic services of general
interest”. The clear intention of the protocol is to protect public services and not to undermine them, as
has been suggested by some people. This interpretation is reinforced by the solemn declaration on
workers’ rights, social policy and public services. Furthermore, Article 9 of the Lisbon treaty specifically
states: “In defining and implementing its policies and actions, the Union shall take into account
requirements linked to the promotion of a high level of employment, the guarantee of adequate social
protections, the fight against social exclusion, training and protection of human health”.
In reality, the Lisbon treaty provides the most farreaching support and protection for workers, through
the protocols and the Charter of Fundamental Rights, and commits the European Union through its
policies and laws to a social agenda beyond anything we have seen to date anywhere in the world. People
who state the contrary are not facing the facts or the reality of the situation.
It is now time to begin the campaign for a “Yes” vote. I welcome the fact that civic organisations have
become involved and that we will have a stronger approach from that area than during the previous
campaign. We must eliminate the uncertainty in regard to Ireland’s future relations with the European
Union. We must restore international confidence and quell fears regarding foreign direct investment. We
must reestablish ourselves as partners in the Union with our 26 EU colleagues.
A halfhearted commitment is not enough. We must treat the forthcoming referendum as though it were
an election. There must be a fullblooded commitment to winning the referendum. There must be no half
hearted measures. It must not be a case of paying lip service to working towards a successful conclusion,
but not doing the work on the ground. We must knock on doors and persuade the electorate as though we
were asking for a personal vote. The only way to ensure the referendum is won is to treat it as though it
was a local, European or general election. The Acting Chairman, Deputy O’Connor, would know better
than most what that requires. It means strong, personal activity involving knocking on doors, pounding
the pavement, persuading the electorate this is the right way to go and right for Ireland and Europe. Only
then can we be sure of a positive result and Ireland’s full engagement in the EU for the future.
I hope we all work and cooperate together on this and that this time we will finish with a successful
outcome to the referendum so as to ensure Ireland’s place remains at the heart of Europe.
Minister of State at the Department of Foreign Affairs (Deputy Dick Roche): I am very pleased by
the tone taken by Deputies Billy Timmins and Joe Costello. It is of critical importance to the nation that
we operate as a united force on this. There is no doubt that this is an issue of such national importance
that the political differences which may sometimes separate [788]us in the House should not separate us
on this. We must have a united effort and a single focus because the wellbeing of the nation is in the
balance.
I agree with both Deputies that this is a critical moment. It will not just determine our relationship with
Europe and its relationship with us, but will have a determining effect on the way Europe develops in the
next five or ten years. We have reached a crossroads. We must make the right decisions and put those
divisions that sometimes exist in this House behind us.
It is often interesting and instructive on occasions such as this to consider how we got to where we are
now and how this situation arose. When one thinks about it, the vote of the people in the referendum on
12 June last year sent shock waves across Europe. I recall receiving telephone calls on that day and the
next from counterparts who were stunned. They simply could not believe what had happened. The points
they made were very interesting. They never pointed the finger at Ireland but asked how it was that a
people that is such a part of Europe, so respected in Europe, whose destiny is so tied up in Europe and
that is so positive about Europe could have made the decision that was made. That was also a question we
asked ourselves. Almost a decade’s work at the Convention on the Future of Europe on the constitutional
treaty and subsequently on the Lisbon treaty looked as if it could be lost. That would have been a
catastrophic loss to Europe and to each of its almost 500 million citizens.
Without the relatively modest institutional changes provided in the Lisbon treaty, Europe would be a less
democratic place than it could be if the treaty was not to apply. Europe would undoubtedly be less
efficient and less effective if the treaty was not implemented. The changes being introduced in the treaty
would allow Europe deal more effectively with the energy challenge, challenges of climate change and
the emerging economic challenge. Those changes, if not implemented, would be lost opportunities to deal
with those issues. This was a bigger issue than any one of us, and a much bigger issue than any domestic
political politics that would divide us here. It was an issue that was going to affect the lives, the well
being and livelihood of hundreds of millions of fellow Europeans. It is important, therefore, that we
consider deeply what it was that brought about the decision on 12 June 2008.
When the Taoiseach went to the European Council in June 2008, just a week after the Irish vote, he made
a number of points clear. The first was a point on which every Member of this House would agree,
namely, that the Irish people had spoken and their decision would determine the Government’s response
because we, the Members elected to this House, have but one master in this matter, which is the people of
Ireland. Second, he made the point that before any way forward could be charted, he, the Irish
Government and the Members of this House would have to study very closely the messages that had been
sent by the Irish people and study what prompted the people, who were and still are so immensely
positive about Europe and who see huge advantage to being at the heart of Europe, to vote as they did.
The Taoiseach made it clear to the other Heads of State and Government at the European Council that
reaching a policy decision on the way forward would take time and could not be rushed and that the
decision of the people would require very detailed analysis, which would also take time. Between June
and December 2008, in the period between two European Councils, a substantial amount of time and
effort was invested in analysing the concerns and the issues that informed the decisions which were made
by individual voters on 12 June 2008. The response to the “No” vote was prepared methodically. In the
history of this nation, few if any public policies in my experience were constructed so painstakingly. I
would go further and say, having lectured as I did for many years on public policy, that I cannot think of
an occasion when more detailed and thoughtful preparation went into the evolution of a public policy.
One of the great things about that preparation was that it was not just confined to the Admini[789]stration
or the Government in that Members of this House played a very real role, which again augurs well for the
future.
First, the people were consulted in a major opinion poll survey. When the votes were counted and the
results announced on 13 June 2008, we knew what way the people had voted but we did not know why
they had voted that way. The first challenge before putting together any response was to try to get inside
the minds of the people who cast their vote on 12 June. There was inevitably a significant amount of
comment in the media, some informed and some not so well informed, and political analysis as to why
the vote had gone as it did. None of this analysis was, however, scientifically based and not all of it was
objective. There was a good deal of fingerpointing, which was and is particularly unhelpful.
The first of a number of steps aimed at establishing as objective as possible an analysis of the reasons that
people voted “No” or “Yes”, and why some abstained from voting, was to study those factors
scientifically in an opinion poll conducted by Millward BrownIMS. The opinions highlighted in that
survey were then subject to further testing and analysis in a series of focus group studies, which we are
absorbing in terms of how this process was operated. All of the data produced from this research was
further analysed by a team from University College Dublin’s Geary Institute. The analysis did not stop
there. In addition to the results of the research and analysis, the Government in formulating its response to
the 12 June decision of the people had available to it the truly superb work of the allparty Oireachtas
SubCommittee on Ireland’s Future in the European Union. It is often said that Members of this House do
not engage themselves very productively but if there was ever a case where that was untrue, it is in the
work of this subcommittee, which did the nation some significant service.
That report recommended that voters’ key concerns should be addressed and that public understanding of
the European Union must be improved, including through the Oireachtas playing an active role in EU
affairs. It recognised that the people wanted to stay fully committed to and involved in Europe and not be
removed to the sidelines and isolation. Deputy Costello picked up on this very point in his contribution.
There is a real role for this Parliament to play. There is a functional, absorbing, interesting and intriguing
role that will win respect for us and will make absolutely certain that the rules that come down through
our involvement in Europe are much more focused and more in tune with the wishes of the Irish people.
The Lisbon treaty opens an exciting prospect for national parliaments to operate horizontally across the
whole of the Union and vertically within the administrations. It provides a challenge, which, if we rise to
it, will win respect from the people.
When the Taoiseach went to the December 2008 European Council, he carried with him a policy which
was undoubtedly one of the most meticulously prepared in the history of the State, and rightly so, because
we faced an important crossroads point. At the European Council in December 2008, the Taoiseach made
it clear that the concerns of the Irish people would have to be met in a way which was robust and capable
of withstanding any legal challenge. If a commitment to another referendum could be entered into, it
could only be entered into in those circumstances. The people are our masters in this and responding to
their concerns must be any Irish Government’s priority — this would be true irrespective of the parties in
an Irish Government.
Specifically, he argued that the Irish people’s concerns regarding the rotation of Commission membership
would need to be addressed. It will be recalled that in the Convention on the Future of Europe, we, a
small country, and some of the other small countries cautioned that this was an area where the siren call
of efficiency should perhaps not be heeded against the reality of the democracy that people feel comes out
of the Commission. He also made it clear that the arrangements would have to be legally binding
guarantees on those articles in the Irish [790]Constitution which deal with the right to life, family and
education, which would have to be respected. Specifically, he said the concerns of the Irish people
regarding taxation would have to be addressed in a way that was legally robust. This was not just the view
of the leader of the Executive or Cabinet; it was, he was able to point out, also the view of the Members
of this Parliament. Concerns which had arisen during the course of the referendum campaign on security
and defence would also have to be addressed, again, in a legally binding way. Finally, the Taoiseach
picked up the matter just addressed by Deputy Costello, namely, that the concerns about workers’ rights
that had arisen during the course of the referendum campaign and that had been measured in the post
referendum surveys would have to be addressed.
The response from the European Council in December 2008 to the Irish concerns and proposals was a
remarkable example of the solidarity which Europe has shown in times of crisis and of the willingness of
our European partners to address constructively and thoroughly the concerns of the Irish people. The
abusive poster which was designed first by the extreme right wing in Austria, showing three monkeys
delivering a message, was referred to in an earlier contribution. If there was ever an example of action by
a European leadership which belied the cynicism of that message, it was to be found in the December
conclusions and subsequent conclusions of the European Council. The member states did listen, they did
engage, they did absorb the message and they did show a willingness to put out their hand to assist us,
and to respect us as a nation and our decisions.
The conclusions of the December 2008 European Council included a commitment to the retention of a
Commissioner per member state in the event of the Lisbon treaty being ratified. It agreed that legally
binding guarantees and assurances in areas of common concern to the Irish voters would be given. I wish
to note how significant this decision on the Commission was. Over the preceding period, there had been a
substantial debate in Europe on the Commission, the Commissioner’s role and the number of
Commissioners. At one time, there had been suggestions that a Commission of perhaps nine members
was the optimum. There was then an argument that we needed to make sure there was equality within the
Commission, and this argument was won.
The overwhelming argument, however, was for a smaller Commission. It was a measure of the degree of
respect the European Union and member states hold for the Irish people and their decision that in spite of
all the debate and the concerns raised by individual member states about the size of an overly large
Commission they decided to reverse the original proposal. They did so because they respected, listened to
and absorbed the message of the Irish people. They were generous also in their anxiety to support the
Irish people.
At the European Council of 18 to 19 June it was confirmed that when the treaty of Lisbon enters into
force a decision will be taken to provide for the Commission to continue to include one national
Commissioner per member state. In my view that is an extraordinarily generous act by the other member
states. More important, it was an extraordinary victory by the Irish people.
The decision made by the Heads of State at the Council contains the most specific guarantees addressing
the concerns of the Irish people. On the issues of the right to life, education, and the family the decision is
clear beyond debate and nothing in the treaty of Lisbon, the Charter of Fundamental Rights or the
provisions of the treaty in the areas of freedom, security or justice affect in any way the scope of
applicability or the protection of the right to life as set out in Article 40 of the Constitution. I was
personally affronted by some of the arguments made on this issue last year because I pride myself as
someone who strongly supports the right to life and I make no apology for that. Sometimes it is regarded
as a conservative viewpoint but it is my viewpoint and it was also the viewpoint of the majority of the
people. The changes [791]to the Constitution under Article 40 were put in place by the will of the people
and this has been put beyond debate or doubt regarding this sensitive matter. That is a wonderful
achievement because it shows that Europe respects our view although many member states differ with us
on these issues. Whatever decision is made in this area will be made by the Irish people alone.
I hold the same view regarding the protection of the family, dealt with in Article 41 of the Constitution
and the protection of rights in respect of education in Articles 42 and 44. Our achievement and the
guarantees given put beyond any doubt or honest debate these issues; they are for the people alone to
decide.
The guarantees could not be put in clearer terms. The European Union is frequently, often justifiably,
criticised for the complexity of its language. However, when trying to draw up agreements between 27
different countries with different legal systems and very different histories, frequently the documents
produced are, of necessity, complex. The idea that somehow they could be otherwise is a delusion.
However, when addressing the issue of taxation and the concerns expressed by the people in June 2008
on taxation the language could not be simpler. The treaty has nothing to do with this area. One sentence
emerges and puts the issue beyond doubt and honest debate and the language is crystal clear. The Council
decision states, “Nothing in the treaty of Lisbon makes any change of any kind, for any member state, to
the extent or operation of the competence of the European Union in relation to taxation”. Let us hope that
puts the canard about taxation to rest once and for all. The guarantee provides that none of the fears or
concerns expressed last year to the effect that the treaty of Lisbon could open a Pandora’s box on taxation
could ever materialise. We can only welcome this clarity but we should not consider such clarity in a
political way as a triumph for us. It is a triumph for common sense and a response by the European Union
to the people. If credit is due, it is due to the people who voted on 12 June 2008.
In every referendum held here, the issue of Ireland’s traditional military neutrality has been a hot topic for
debate and it mystifies me that this continues to be the case. I agree with John Hume’s view that Europe
is about peace, not war and about progress not militarisation. The European Union has been a remarkable
example of how nations once locked in war then embraced peace. The decision of the June Council on the
area of security and defence should put to rest once and for all any reasonable concerns in this area. The
opening paragraph of the decision makes clear that the Union’s actions on the international scene are
guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights
and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect
for the principles of the United Nations charter and international law. I perceive no threat in this. The
paragraph continues in reference to the other areas and the guarantee makes clear that the Lisbon treaty
would not prejudice in any way our traditions nor is it anything we should fear.
With the indulgence of the House I refer to some other issues and concerns. We should ask ourselves why
we should encourage the people to vote “Yes”. We should do so because if we vote “Yes” Europe would
be come a more democratic place, we would retain a permanent Commissioner, the people would have
put the issue of taxation sovereignty beyond doubt, we would give Europe a clear voice on the
international stage and we would give legal effect to the Charter of Fundamental Rights. I agree with
Deputy Costello that it is one of the most uplifting documents ever produced by Europe and provides a
very real set of rights for trade unions throughout Europe. A “Yes” vote would put in place the reforms
which would help to make Europe more efficient and more capable of dealing with the challenges that lie
ahead, it would empower the Union to tackle the major challenges that none of the individual member
[792]states could solve on their own and it would create specific legal guarantees which deal with all the
concerns of the people.
I refer to how we should conduct the referendum. I agree with the previous speakers in this regard and it
is imperative that the campaign in the weeks ahead should be fact based. A referendum commission will
be put in place and will be well funded to establish the facts. I am very pleased several civic groups have
been formed. However, a special responsibility lies on the Members of the Oireachtas and political
parties. Above all it is imperative that those who believe a “Yes” vote is best for Ireland and its future
should put any differences to one side and focus on a common message. Last year’s campaign was not
our best hour. Squabbling deflected from the message supported by more than 95% of the Members of the
Oireachtas and that must not be allowed to happen again. There is a collective responsibility to deal
honestly and objectively with the issues arising. We must listen with respect to those who take a different
view from that which we espouse. We should also be fearless in putting forward the facts. I believe
passionately in Europe and that our future lies there, as do 95% of the men and women in the Houses and
we should be proud to make those points in a respectful way. There is no room for complacency and what
is needed is a united effort to achieve the common purpose of keeping Ireland at the heart of Europe and I
am heartened from what I have heard.
Deputy Lucinda Creighton: I concur with the remarks of Deputies Costello, Timmins and Breen and
the Minister of State, Deputy Roche, which referred to the absolute need to put aside political differences,
squabbling and varying positions on the economy in the context of this very important debate, Bill and
the referendum we face on 2 October. We must work together, cooperate and show absolute commitment
to ensure the ratification of the treaty which is fundamental, not only for the 4.2 million people living in
the country but also for the 500 million people living throughout the continent of Europe who are part of
the EU 27 members states. It is crucial that we show cooperation with and commitment to that cause and
put our differences to one side.
It needs to be said that nothing has changed in the Lisbon treaty and it would be dishonest to suggest
otherwise. We should not shy away from the fact that the people are being asked to vote on what is
essentially the same treaty as was voted on last year. The treaty is unchanged although the legal
guarantees have clarified aspects of it. I hope they have allayed fears that were aroused last year during
the course of the first Lisbon referendum campaign. However, they do not change the content of the
treaty.
On the other hand, something has fundamentally changed in this country since the last referendum. The
world in which we live has changed utterly since June 2008. Ireland is heading toward a situation where
half a million people will be unemployed by the end of this year and it would be irresponsible of us as
public representatives and Members of this House to ignore that significant fact. We, the Irish people,
have a right to change our minds on the Lisbon treaty, particularly in the context of the economic
catastrophe in which we find ourselves today. It is only common sense to give the Irish people an
opportunity to change their minds in light of the current economic situation. We have not changed the
Lisbon treaty but the conditions and the context in which we will be voting on this treaty are a thousand
light years away from the economic conditions of June 2008.
I welcome the guarantees negotiated by the Government and by our esteemed officials in the Department
of Foreign Affairs, and I welcome their incorporation into the Bill. I commend those involved on ensuring
that it happened. The legal guarantees as espoused in the Bill address most of the concerns expressed by
the people and by my constituents whom I canvassed for a “Yes” vote in 2008. They also reflect the
concerns that were highlighted by the Millward [793]Brown research carried out in the wake of the
referendum last year. Along with my colleague, Deputy Joe Costello, I participated in 45 to 50 meetings
of the SubCommittee on Ireland’s Future in the European Union. I am well aware of the serious
reservations and doubts expressed on a range of issues in advance of the last referendum. It would be
foolish to deny that these concerns were deeply felt, that they were close to the hearts of many people and
they deserved to be addressed by public representatives and by the Government. The guarantees which
have been secured address these concerns by clarifying areas of ambiguity and affording people the
opportunity to vote for this treaty in the certain knowledge that it will not adversely affect the specific
interests of the Irish people with regard to taxation, ethical and social issues and Irish neutrality and the
concern about the loss of the permanent Irish EU Commissioner. These legal guarantees are very
important in the context of the Millward Brown research. Referenda are blunt instruments and it would be
a very unwise politician who would purport to look at a “No” vote and explain how it came about.
However, the results of the research show the main issues of concern. A total of 39% of those who voted
“No” believed the loss of a Commissioner was very important when it came to making up their mind on
how to vote. A total of 32% felt it was somewhat important. On the issue of abortion, 33% believed it was
very important and 33% believed it was somewhat important. Similarly, on corporation tax, 34%
regarded it as important and 38% as somewhat important. On neutrality, a very significant 47% regarded
it as very important and 35% regarded it as somewhat important. The guarantees which were negotiated
very specifically and methodically address these concerns headon and they provide a new context in
which to ask the Irish people to vote again.
When the Irish Government went to the European Council and asked for these legal guarantees in
response to the concerns and issues that were raised during the last Lisbon referendum campaign, our
European partners answered in the affirmative in a resounding fashion. I sincerely hope we will respond
with a similar positive answer when we go to the polls in October.
The economic context is very important. We are living in a very different world now, 13 months on. Even
more important than these clarifications in the legal guarantees is the dramatically changed economic
situation in Ireland. We can no longer afford the luxury of saying “No” to our most important economic
partner. This is not scaremongering nor bullying but rather it is a reality check. Europe is the major
recipient of Irish exports and we rely on Europe for our economic prosperity. If we are to claw our way
out of the catastrophic recession, it will be due, in no small part, to our membership of the European
Union and all the attendant advantages and benefits that go with it.
Unemployment has reached 11.9%. The number seeking jobseeker’s allowance has increased by 100,000
in the past year. In May 2008, 100 people were loosing their jobs each day and today, 400 people are
loosing their jobs. The context has changed completely. Taxes are down by 17%. The Government deficit
at €7 billion is almost three times what it was a year ago when we voted on this treaty. We are in dire
economic straits and we need Europe’s help to get out of it.
Europe’s contribution to the success of Ireland’s economy in the past is not insignificant. The European
Central Bank has loaned approximately €39 billion to Irish retail banks. Any small amount of credit
flowing into the economy from banks is due directly to the European Central Bank and we need to
acknowledge this fact. Ireland has received €68 billion in transfer payments from the EU since we joined
it. We have seen a market of 500 million people open up to Irish products and Irish services. The average
income in Ireland has gone from 70% of the EU average in 1973 to 120% in 2008. We need to be at the
centre of Europe now more than ever. The EU is essential to our economic recovery as it will bring about
certainty to our place in Europe, reassuring domestic and foreign companies. It will bring confidence to
those [794]who create jobs, both indigenous business and overseas investors and it will send a strong
message that we are an integral part of the Common Market.
I suggest we listen to the opinion of Paul Rellis of Microsoft and the chamber of commerce, who came
before the joint committee and told us this. We should listen to IBEC, ISME and all the organisations that
deal with employers and investment and that deal significantly with job creation. We should take the
word of Chambers Ireland and the various chambers of commerce throughout the country. All of them
will echo the same message. This is in our national and economic interest. Everybody knows that. The
Taoiseach has said it, and Deputy Enda Kenny repeated it this morning during Leaders’ Questions. The
only issue people are concerned about right now are jobs and more jobs. We should not cut off our nose
to spite our face.
As a small island country on the fringes of Europe we face major global challenges, and I want to touch
on a few of them. We live in an increasingly globalised world where all of the big players work together
as significant economic blocs. Europe must challenge in the face of global competitiveness. We must
compete with China, India, South America, Brazil, Argentina and all of those developing and growing
economies and we cannot do it on our own. Our only chance is to do it as part of a strong and influential
political and economic bloc such as the European Union.
We are in a unique position because ours is a pooling of sovereign states. In most other unions across the
world or in cases of cooperation between states in particular parts of the world, they are done by the
intergovernmental model. We have a very democratic decisionmaking process in the European Union
that enables us to work with our partners, retaining our individual identity and our sovereignty while
pooling in those areas where we must compete and challenge. That is extremely important in the context
of what is happening across the world.
On the issue of international crime, for example, we have a major problem. We have been debating a
gangland Bill in this House for the past two days and we are all conscious of the fact that criminals
operating in Ireland — drug dealers and so on — operate as part of an international network. There are
Irish gangs based in Spain and elsewhere. We must tackle that problem, and the Justice and Home Affairs
element of the Lisbon treaty is essential in that regard.
I will point to some examples of where the process of cooperation with our European partners has been
held up and we have been unable to deal with international crime. We have failed to implement the EU
US extradition and mutual legal assistance agreements, to give one example. There is also the issue of the
European evidence warrant, which has been stalled. We have failed in our task to step up crossborder co
operation and, in particular, combat terrorism and crossborder crime. They are just some examples of
where the rules of unanimity have prevented the European Union cooperating and prevented Ireland
from benefiting from that cooperation. We must start thinking in those terms to ensure that our interests
are served best by cooperation.
Similarly, on the question of climate change, there is not much Ireland can do on its own to tackle CO2
emissions. It would be a needle in a haystack escapade but as part of the European Union we can do that.
We can do it through our cooperation, which will be enhanced via the Lisbon treaty.
On energy security, one of the biggest challenges facing us on this planet, and particularly in the
European Union, is that we have different supply lines and we are reliant on countries that can essentially
switch off the tap in the morning, so to speak. Where do we go if that happens? [795] We will have a
greater legal capacity to act in the area of energy security through Article 194 of the Lisbon treaty. We
must enable that. It is in our interests to do so.
On a variety of other spheres, peacekeeping has already been referred to by the Minister of State, Deputy
Dick Roche. In terms of tackling world poverty, it is not all about selfinterest. We have a role to play and
Irish people are benevolent and committed to the idea of tackling poverty in the Third World, and we
have a better chance of achieving that through cooperation with our partners.
What needs to happen in Ireland? To be honest, we need to stop pussyfooting around this issue. It is time
for a stark realisation here that it is time to wake up and smell the coffee in terms of our place in Europe
and our role in the European Union. We need Europe. We are part of Europe. We freely chose to join
Europe, the EEC, in 1973. That was our free choice and we now need to start living up to our
responsibilities within the European Union.
The fallacy emerged during the last referendum campaign that Ireland can go it alone and that we can
show those big, bad, nasty Europeans what we are made of. A fantasy emerged that those bullying
Europeans will try to hoodwink us into whimpering submissiveness, that they would pull our strings and
undermine our independence and our sovereignty. Nothing could be further from the truth. Gay Mitchell
MEP repeatedly said during the last campaign — unfortunately, I do not know if the message got through
— that Ireland only became fully sovereign when we joined the European Union. That is so true.
The attitude that developed during the last Lisbon referendum campaign was Alice in Wonderland
nonsense. We, the Irish people, must start living in the real world — a world where Ireland and Europe
face huge global challenges together. Ireland, a small sovereign state, needs the extended hand of
friendship. We live in a globalised world where the big players call the shots. We can be a partner of a big
player through the European Union or, on the other hand, we can choose to walk away from it. That is the
choice facing us but we must be sure that if we turn our backs on the EU, it will not be the fully
committed 26 member states which are integrated and working hand in hand in the European Union who
will lose out. It will be the small state of 4 million people on the margins of Europe that will miss out on
the opportunity to shape Europe’s future and, in so doing, shape its own destiny.
We must establish that we, the Irish people, want to be part of the real world where our people can benefit
from partnership with other sovereign countries. To turn our backs on that opportunity at a time of
economic crisis such as the one we face would be an act of fantasy.
We must answer our calling in this country and shape our destiny. We must secure a “Yes” vote for
Lisbon to enhance our place in Europe, improve the way the EU works, make the EU more democratic
and make it deliver better for us. Most importantly, let us secure the future of our children, our children’s
children and future generations because ultimately that is the legacy upon which we will be tested.
Acting Chairman (Deputy Charlie O’Connor): The next speaker is the Tánaiste and Minister for
Enterprise, Trade and Employment, Deputy Mary Coughlan. There are 20 minutes in the slot and I
understand the Tánaiste wishes to share time.
Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Sea.
Gabhaim buíochas leis an Aire Stáit as a cuid ama a roinnt liom.
The Government is convinced that the Irish people’s interests are best met by remaining closely
connected to the decisionmaking processes of the European Union. We believe that this requires that we
join with the other member states in ratifying the Lisbon treaty. We strongly believe there are vital
national as well as EU interests at stake.
[796]In facing up to the lessons of the last campaign, we also recognise the need to build a greater
awareness of the nature and extent of the EU’s extremely positive role in the world, especially in this time
of economic recession. We must, therefore, do our utmost to dispel the myths and half truths which some
on the “No” campaign were engaged in on issues such as defence, foreign policy, workers’ rights, social
issues, tax issues and competition policy.
The global nature of the current economic downturn underlines in a stark way the necessity of the
founding logic of the European Union. The Union has a long record of overcoming difficulties and
building consensus that respects diversity while exploiting its shared interests and joint solutions.
If recent months have taught us anything, it is that the EU does not exist in a vacuum. It is a part of an
increasingly interlinked and interdependent world. In this time of crisis, financial and economic upheaval
worldwide, it is vital that we pull together both as a nation and as part of the EU to restore confidence and
bring about recovery.
In order to chart the way forward, the EU as an entity must be fit for purpose. The central objective of the
Lisbon treaty is to ensure that Europe has the cohesion and the institutional structures to tackle the global
challenges that lie ahead.
6 o’clock
It is clear that Ireland’s future within Europe depends on increasing the openness of the European
economy and its linkages with other parts of the world. The key role of international trade and investment
generating growth will be central to the implementation of our key strategies for the future. The treaty
recognises the growing importance of outward investment from Europe to the rest of the world. In that
regard, Irish enterprises and business will gain from the strengthened EU position in relation to the
negotiation of free trade agreements with third countries. Ireland will also benefit from a fair and
balanced deal, which, hopefully, will eventually be agreed at the trade negotiations taking place under the
WTO. These agreements will boost trade, technology transfer and lead to better integration by Irish
companies into global markets.
It is of critical importance for Ireland, being a small open economy, to be directly engaged in these trade
and investment negotiations involving the Commission and the other member states. In that context,
failure to ratify the Lisbon treaty risks placing Ireland at the political and economic periphery of the
European Union, with a danger that economic policies and institutional rules would be decided without
taking Ireland’s interests into account. This will cast serious doubts on Ireland’s attractiveness as a good
place to invest, with obvious related negative effects for job creation.
Ireland has been a significant beneficiary of EU integration and enlargement and the EU continues to be
crucial to our future wellbeing and prosperity. That is why a more effective EU is in Ireland’s best
interests and why ratification of this treaty is so important.
Access to EU Structural Funds and participation in the EU’s research and development programmes has
done much, for example, to enable researchers in Ireland to access funds, collaborate with European
partners in leadingedge research, develop a national system of innovation and upgrade the national
science and technology infrastructure. EU supports have been used in addition to steadily increasing
national supports and to lay the foundations for a knowledgebased economy. In overall terms,
researchers and enterprises in Ireland received approximately €210 million of research funding from the
Sixth Framework Programme, FP6, the largest monetary sum received to date from the framework
programme. Funding provided under previous rounds of the framework programme, going back to the
early 1980s, was a key element in building up the research capacity that is in place in the country today.
The programme is also directly linked with the emergence of some key Irish startup enterprises that
[797]have progressed to become important global players in a number of industry sectors. Under the EU’s
existing programme, FP7, a target of €600 million in research funding to Irish researchers and enterprises
has been set for the period 2007 to 2013.
We sometimes forget that the EU has consistently upheld the rights of workers, to the extent that it has
one of the highest levels of protection for workers in the world. Indeed, EU labour standards have been a
major influence on the evolution of individual and collective workers’ rights in Ireland. A solid
foundation of employment rights now exists as a result of the membership of the European Union.
Legislation emanating from the EU in the employment sphere has covered a wide range of areas,
including organisation of working time, protection of young persons at work, safety, health and welfare at
work, parttime workers’ entitlements and fixedterm workers’ entitlements. The area of employment
equality and in particular tackling discrimination based on gender and marital status received a timely
impetus in the middle 1970s from the series of equal pay and equal treatment directives that were adopted
soon after Ireland’s entry into the then EEC.
The Lisbon reform treaty offers even more improvements on social protection and workers’ rights. The
ratification of the Lisbon treaty will contribute to a significant strengthening of social rights throughout
Europe. Its social clause will make social objectives such as the promotion of a high level of employment,
adequate social protection, or the fight against social exclusion, more prominent when defining and
implementing EU policies.
The Government fully supports the formal adoption of the Charter of Fundamental Rights which spells
out basic rights of citizens. The treaty also formally recognises the special role of social partners and
includes a tripartite social summit, where the social partners will meet the EU Presidency.
The European model is characterised by social dialogue and partnership and European values, as
recognised in successive EU treaties. It is a model that rejects all forms of discrimination and
demonstrates a strong adherence to social justice and fairness. The leadership shown by the unions has
both inspired and strengthened the legitimacy of the European Union in this regard. We are encouraged
that the European Trade Union Confederation, ETUC, has consistently said that its continuing ambitions
for a new social progress protocol and for a strengthening of the posting of workers directive should not
constitute a barrier to completing the current ratification process for the Lisbon treaty.
I emphasise the importance that the European Commission, member states and social partners attach to
the work currently being conducted by way of joint analysis of the implementation of the current posting
of workers directive. I also point to the important work of the newly created EU committee of experts,
which is to review problems of implementation of the posting of workers directive and to promote the
importance of enhanced administrative cooperation between member states and enhanced monitoring,
control and enforcement arrangements in individual member states as a core element of the way forward.
I am aware that the Oireachtas Joint Committee on European Affairs has carried out valuable research on
the situation in this regard in Sweden and Finland and is currently preparing a report on the Lisbon treaty
and workers’ rights. I look forward to the publication of this report in the near future.
Ireland now finds itself with very significant challenges on many fronts in terms of our economy, our
firms, our unemployment position and the public finances. This means that we have very significant
problems to address. We have taken some measures already and we will be enhancing and developing
these significantly. To do so, we need the support of the EU to help us address these problems. That is
why the European Globalisation Fund and the Commission proposals to allow member states more
flexibility around accessing and spending the European Social Funds will be crucial for us. In addition,
the EU has also permitted increased special [798]measures for state aids to companies which will have
direct benefits for workers. My Department will also be exploring the availability of funding under the
EU Commission’s recent proposal establishing a new European microfinance facility for employment and
social inclusion.
During my recent meeting with EU Commissioner of Employment, Social Affairs and Equal
Opportunities, Mr. Vladimir Spidla, the Commissioner signalled his positive support in relation to
Ireland’s use of these funds and underlined the European Commission’s focus on keeping people in jobs.
The European Globalisation Fund will provide vital training and other supports for workers affected by
the recent large scale redundancies in the Limerick and wider midwest region.
Almost no aspect of our public life has been untouched by the benefits of EU membership. The European
Union has contributed to the modernisation of the Irish economy and society, and the Union, under the
Lisbon reform treaty, will continue to be a positive influence in our move towards building and
implementing the smart economy framework. In the months ahead, we will need to hear informed,
sensible and rational debate. We need to ensure that the economic benefits of membership of the Union
are reinforced and extended and, above all, we must aim to build on what has been achieved and avoid
falling into a negative frame of mind about Europe.
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Conor Lenihan):
I thank the Tánaiste for sharing time with me.
The European Union had a vital part in our national development in the past 20 to 30 years. It is
important that we nail some of the familiar fallacies which infest the speaking and thought processes of
those who opposed the EU in almost every referendum since we joined in 1973. First is the idea that the
EU has materially diminished our sovereignty. This is not the case. In fact, our sovereignty could not be
more strong. Since joining the European Union we have delinked from the sterling area. At one period
we had our own currency and now we have harnessed to a much stronger and more stable currency at a
global and European level. The other fallacy is that we have been deindustrialised by the European
Union. Technically, this is correct. We have had two waves of deindustrialisation because of our
membership of the EU. Initially, in the 1970s some low value added industries, tanning being a typical
example, left. We were forced to compete and produce more sophisticated and competitive goods and
services to compete in the large single European market. This deindustrialisation, which occurred in the
1970s and again with the introduction of the euro, has forced us to be more competitive and to look at the
competitive factors which underpin our economic national performance. The competitive pressures of
being part of a European market have been extremely good for Ireland. The figure that demonstrates this
fact most illustratively is a simple one, namely, 80% of what we physically produce is for export. This is
a far cry from our situation in 1973 or the situation faced by the late Seán Lemass in 1959 when people
predicted the disappearance of the Irish race and Ireland itself in a postindependence fog of economic
underachievement. Our sovereignty, economic outcomes and material welfare have improved
significantly since joining the EU.
Most importantly in terms of the morale and selfesteem of the people, we should consider how we and
our place in the world are considered. In terms of foreign policy and other areas, Ireland was so minor
and insignificant a place globally prior to our EU membership that larger powers could have blocked us
from joining it. At one stage, we were blocked by larger powers from joining the UN. Far from that
situation, Dublin as our capital is frequently the destination of choice for great statesmen to lobby Ireland,
which can express its opinion at the EU table. [799] Most notably, the Secretary General of the UN, Mr.
Ban Kimoon, visited yesterday. He was not in Ireland because he had a marvellous opinion about the
country and what it does in international matters. Mainly, he visited because he knows that we are a part
of the most influential economic bloc in the world, the EU, which acts as a good global citizen and is
multilateral in its approach to the resolution of international problems.
The character and commitments we convey through the Department of Foreign Affairs and our
commitment to neutrality, development aid and multilateral resolutions of global conflicts make Ireland a
respected country. One could argue that this respect would exist none the less, but no one would bother to
visit us were we not a member of the EU, irrespective of our views. I do not want to mention countries
that, while not member states, have similar attitudes towards multilateralism. They are not lobbied and are
ignored. They are in a culdesac or backwater in foreign policy terms. We are in the global mainstream
because Ireland is a member of the EU.
It is important to remember that Ireland gained disproportionately from the famous Delors package of
1985. Places like Greece, Portugal and Spain were demonstrably poorer and should have gained more
from the 1985 allocation of structural funds. They did not get more because our officials and politicians
negotiated a good package that assisted us in upgrading our infrastructure. People discuss the economy’s
boom years, but the 0.5% added to our GNP by the 1985 Structural Funds was critical because the
Exchequer could not have afforded such an infrastructural spend. Therefore, the package’s commitment
to our economy is greater than the 0.5% attributed to it in purely statistical terms.
In my area of science, technology and innovation, Framework Programme 7 is giving the same type of
impetus to our enhancement of economic productivity through its financial contribution. It is a telling
story of how Ireland is achieving in the multilateral bloc called the EU. Since the programme’s
commencement two years ago, we have gained €104 million to help scientific and academic research
institutions to cooperate with industry and enhance what they produce. Some €1 million per week since
the programme’s commencement is not a small amount of money. We have an overarching target of
gaining €600 million over the programme’s duration to 2013. Every €1 million gained will add to the
productivity of the economy and the country, moving us to a position championed by the Taoiseach since
he assumed office, particularly in his smart economy document. We must move to a higher order of
goods and services. We must be more productive and harness technology and science to aid small
businesses and inward investors. Some 41% of the new businesses won by the IDA last year were in the
research and development and technological fields.
We have a twofold challenge. In terms of the small to mediumsized enterprise, SME, sector, how do we
harness more sophisticated forms of technology to enhance productivity and the ability to compete and
trade domestically and externally? Most importantly, how do we retain internationally mobile capital in
the form of the foreign direct investment attracted through the work of the Tánaiste on her many visits
abroad on behalf of the IDA and the State to bring large, highprofile investors to Ireland? They will stay
for a while if we can produce quality graduates, be they scientists, technologists or otherwise, but we
cannot depend on that situation. We must ensure that those investors sink more than just a plant, facility
or 200 or 400 jobs here or there. We must ensure that they embed their presence by investing heavily in
research and development.
Some 40% of the investments made this year, compared with 41% last year, fall in the technology and
research and development areas. While the capital will remain mobile — we must be competitive — it
will be more anchored in Ireland because people will be prepared to make world class research and
development investments. Typically, such investments have [800]longer payback periods between the
research’s origination and the final payback, that is, five to seven or, in some cases, ten years. This
depends on the industry. For example, there are quicker cycles in the ICT area and longer cycles in the
large pharmaceutical area, the socalled big pharma, from the time when investment is sunk in research to
when a product, service, drug or innovative technological solution is commercialised and produced. We
must continue to invest if we are to ensure that foreign direct investment flows into and stays in Ireland.
It is beneficial that our small companies live in a wider market of 350 million people. In recent years, we
have tripled our research and development spend because the EU has assisted us as part of a wider
European research agenda. There are jobs involved and it is inconceivable that we should contemplate
isolating ourselves from the EU, which is what we did by rejecting the treaty. I suspect an element of
national hubris in the original decision, in that we were at the top of an economic cycle. Given this
difficult recession, I suspect that people are rapidly reviewing the hubris that infected or influenced their
decisions.
The main difference between then and now is that we have significant legal guarantees on the issues of
major concern. There is no point in dwelling on them but the most important is on tax. Most people,
particularly those in the business community, rejected the last referendum because of the serious concerns
surrounding tax. We have become comfortable and happy with our low tax status, particularly in terms of
corporate taxes. If we keep with this programme, we will succeed in overcoming the recession, but we
need and should stick with our friends in Europe. They continue to provide us with money and assistance
in every way possible. I include the President of the European Central Bank, Mr. Trichet, who has been of
significant assistance to Ireland in weathering the storm of recent months.
Deputy Jim O’Keeffe: With the Chair’s permission, I want to share my time with Deputies Durkan
and Deenihan.
Acting Chairman (Deputy Jack Wall): Is that agreed? Agreed.
Deputy Jim O’Keeffe: I also ask that the Chair signal me after five minutes have passed.
The referendum debate is one of the most important for our country’s future that I have been involved in
since entering politics many years ago. Never has it been more crucial that a signal be sent to the people
that they should put the country first when voting and deciding on whether to vote, as they must vote to
ensure the treaty goes through. If they do not, they will be neglecting their duty to our country. It is no
time for the people involved in the debate to be peddling unfounded prejudices, as occurred previously. It
is no time for people to indulge themselves in fairytale notions. It is a time for hard reality, namely, to do
what is in the best interests of our country. The Tánaiste will be glad to hear me say this is no time for
having a go at Fianna Fáil and the Government.
Deputy Mary Coughlan: My God.
Deputy Jim O’Keeffe: It pains me to say it but I must. There was an opportunity to have a go at
them during the local and European elections and other opportunities to do so will arise. This is not the
time to have a go at the Government, irrespective of the damage it has done, and we should put our
country first by ratifying the treaty.
I nail my colours to the mast and say “Yes” to Lisbon and “No” to Iceland. I am a committed European
and say “Yes” to Lisbon because I am absolutely convinced it is in the interest of our country to accept
the treaty. It will be a disaster if we do not. When I say “No” to Iceland, I am not saying “No” to a little
country that is now in the throes of a deep recession but to the [801]factors that resulted in the dreadful
condition it is now in. It is in this condition because it is outside the Union and does not have the kinds of
supports we have to compensate for some of the disasters visited on the country, in our case by our
Government. We have the full support of the Union and Iceland does not. Iceland now wants to join the
Union and must be encouraged to do so. Its people have now recognised the benefit of having the support
of the Union and of becoming fully committed Europeans.
The Lisbon treaty is very important. The changes it proposes are not considerable but it makes the Union
more democratically accountable. This is clear from many points of view. If ratified, it will lead to a more
transparent and efficient Union. The rights in the charter will be justiciable, and legally binding force will
be given to the values and freedoms contained therein. The Union will have a much stronger role as an
actor on the world stage.
The issue of the Commissioner has been dealt with. If Ireland wants to retain its Commissioner, it should
vote in favour of the treaty. The Union clearly reflects the views and values of the Irish people.
The subjects under discussion are not new and are not being included in the treaty for the first time. The
Council has clarified and copperfastened absolutely the issues raised during the last referendum in
respect of tax rates, neutrality and the protection of the right to life under our Constitution. Let us,
therefore, agree to the treaty.
When I hear people questioning how democratic it is to return to the people with the treaty, I contend it is
correct to do so given our new circumstances. Ireland is one of 27 member states and every one apart
from Ireland has ratified it; there might be one exception in respect of which there are a few minor
questions to be dealt with. That is democracy to me.
In the coming months, we must have an honest debate on the content of the treaty and not circulate fairy
tales about matters that are not in it. Above all, let us not be led by the UK media in Ireland, particularly
by Mr. Rupert Murdoch.
Deputy Bernard J. Durkan: Hear, hear.
Deputy Jim O’Keeffe: Who the bloody hell does he think he is to be telling the Irish people what to
do? He is quite entitled to sell his newspapers here and I confess I read The Sunday Times. I feel I should
seek absolution for so doing when I see some of the antiUnion content at times. I do not read The Sun,
the News of the World or The People but am aware of the line they take. Mr. Murdoch exercises overall
editorial control and this was exposed by the suppression of an article by Ms Sarah Carey, who had the
temerity, when working with The Sunday Times, to voice a view that was vaguely in favour of the Lisbon
treaty. Her article was spiked and could not be published. The Sunday Times is a supposedly independent
newspaper that allows people freedom to express their views. There was no freedom afforded to Ms
Carey because Mr. Murdoch is pandering to Eurosceptic populism in Britain and exporting it here. He
expects the poor Irish voters to take it holusbolus. He is entitled to his view but is not entitled to lecture
the Irish on what is in their best interest.
During the last debate on this matter, I mentioned the monthly Catholic newspaper Alive. I had occasion
to refer to some of the rubbish printed in it. It stated passing the treaty will lead to abortion, euthanasia
and the loss of freedom to promote the Catholic faith. This is utterly untrue and it is vital that the truth
prevail, particularly in a Catholic newspaper. I ask the publishers of such newspapers to be more truthful
and honest in their presentation.
If we are to recover from the recession, it is essential that we pass the treaty. If we want foreign direct
investment and to continue exporting to the European Union — I hope the rate of export can be increased
with the restoration of competitiveness — we must pass the treaty. [802] If we want to survive and
prosper, we need to be fully committed to the Union. Therefore, we must ensure we pass the treaty and
send out a signal loud and clear that we are committed Europeans who deserve even further support from
the Union.
Deputy Bernard J. Durkan: I support the remarks of Deputy Jim O’Keeffe. The referendum presents
an interesting opportunity to the people. I welcome the fact that we have a second chance but I hope we
do not always need to seek second chances regarding issues of this nature. We had a second chance in
respect of the Nice treaty. We are and should be grateful to our EU colleagues for entertaining us for the
second time and for encouraging us and giving us the support we need at present. We should be
particularly grateful for the guarantees to which our EU colleagues agreed regarding the concerns
expressed by the Irish at the last referendum.
We must now dispense with complicated Eurospeak and simplify the debate. It is simply a question of
asking the people whether we want to be at the centre of decision making in the EU scene, whether we
were happy with where we were, whether we have progressed well since 1973 or whether we would be
better outside the Union, as proposed by some. Some say they are proEuropean but contend the Union
that will prevail in the aftermath of the ratification of the treaty is not the kind they want. When
questioned, they call for a more democratic Union. To that I say Ireland has done well as a member of the
Union and has been influential. It has been influential because it has been at the centre of the decision
making process. In any organisation, it is better to be at the centre making decisions and amending them
where necessary than to be outside the centre circle expecting others to make the decisions, which
decisions could exclude one’s views altogether.
The opportunity we have is unique and welcome. We must proceed positively and address the issues that
have been of concern. They have been addressed already by the guarantees given by our EU colleagues. I
congratulate the Taoiseach, Deputy Cowen, the Minister for Foreign Affairs, Deputy Martin, and the
Minster of State, Deputy Roche, on their work in this area.
We must dispel the myth that prevailed during the last referendum campaign that led people to say, “They
are out to get us and there are secret agendas.” We must dispel the view that if one is in doubt, one should
vote “No”. On this occasion there is no doubt about where our interests lie; we should, therefore, vote
“Yes”. Our interests lie in the European market, to which we have had access for some years. We have
prospered in that market and are no longer dependent on a market for goods and services involving only
our next door neighbour. We have done extremely well and we must continue to proceed in this way.
I was alarmed after the last referendum when I saw people who purported to be representatives of the
Irish proceed to Whitehall to be congratulated by Eurosceptics. They said a great deal had been done for
Ireland and that Ireland’s interests had been well served by the outcome of that referendum. What an
extraordinary statement and what extraordinary circumstances. People who had from the very beginning
opposed the European project and who were wellknown Eurosceptics whose only agenda was to
undermine the Union, Ireland’s position therein and the interests of the Irish proclaimed the “No” vote
was a great victim for democracy. I reject this, as do many other Members of the House. We know where
we stand now. We have been proud Europeans and Europe has benefited from our existence because we
have been a positive influence within the European Union and will continue so to be, provided that our
vision is clear.
Several people have mentioned the McKenna judgment and how a campaign will progress. The majority
of the 166 Members of this House are in favour of the Lisbon treaty and when it comes to equal treatment
in broadcasting and access to the media to promote this case, [803]notwithstanding the McKenna
judgment, all broadcasters are obliged to recognise proportionally the majority view of the Members.
There must be some degree of integrity in what we have to say, and it is necessary to recognise our views,
and that we are thinking and working in the national interest because we could not all be wrong. The
cynics have suggested that if all the politicians were in favour of the treaty only those against could be
right. What an appalling statement. That is a ridiculous attitude. It undermines confidence in the
institutions of the State and of the European Union. We should know better. We should have learned very
well and taught others and given them the benefit of our experience within the European Union.
We need to call on the Members of this and the other House to do their utmost to ensure that we achieve
success this time. We must appeal to the business community, the trade unions, the farmers and
everybody who has an interest in the wellbeing of our economy, our people and in the independence of
our nation within the Union. We must work vigorously towards that end.
A series of issues was raised surreptitiously during the last campaign, most of which had no basis in truth
or fact and were merely put forward by those who claim to be proEurope but had voted against the
European project on every occasion since and including 1973. It stretches the imagination that people
should say they are in favour of Europe but not this kind of Europe. What kind of Europe do they want
and is it in the national interest? It is not. We must stand up and be counted. We must assert ourselves and
show the people of Europe that we are serious about membership of the European Union and the progress
of the European project and we want to be at the centre of the decisionmaking process where we can
count.
Deputy Jimmy Deenihan: We cannot lose this referendum. That would do irreparable damage to our
country. The first referendum damaged our status in Europe, putting a question mark over our
commitment to Europe and people who are actively involved at Commission level say that the Irish are
not being treated as well as they were in the past. As one politician said, the Irish simply did not stand
their round in the previous referendum. This time we must ensure that the treaty is ratified.
That is up to all of us who are proEurope and recognise what Europe has done for us, who are
knowledgeable enough and have the capacity to appreciate what this country would be like were it not for
the European Union. We have gained real cultural and economic independence since joining the
European Union. Ireland has become an internationally recognised independent state. Until recently we
were the shining light of Europe but hopefully with Europe’s help we will regain our economic
independence. We will do this only within the context of the Union and with EU support.
The arguments that the “no” side put forward on defence really annoyed me in the last referendum but
they were never fully clarified. That was a weakness in the campaign. It was a disastrous campaign. On
this occasion the Government side should embrace and work with the Opposition and make sure that
people do not go on solo runs. That happened the last time. There were too many egos involved and put
on the line and they got their answer. This campaign will be handled much better than the last.
Many voters in the last referendum were won over by arguments put forward by the “No” side, or were
rather less convinced by the “Yes”, side. That reflects a shared feeling here because the arguments on the
“No” side were shallow and misleading. We must let voters hear the truth clearly and honestly and not let
myths and lies be used to damage Ireland’s interests. The “No” side deliberately used the treaty’s contents
on defence to spread myths and inaccuracies. One of the most bizarre claims was that the Lisbon treaty
would introduce conscription. This was totally misleading.
[804]I tried to clarify it with people then but it was never fully clarified from on high. This was one of the
reasons people voted against the treaty. The European Union can only exercise powers known as
‘competences’ given to it in treaties. Conscription has never been an EU competence and cannot become
one under the Lisbon treaty. There is no European army to which one can be conscripted. People in effect
claimed that the EU could exercise a power that it does not have to put people into an army that does not
exist. I am sure the Government will make clear to any parents who worry about this that conscription
does not and will not exist.
We were told that the Lisbon treaty would mark the end of neutrality and Ireland would find itself
dragged into conflicts and lose its power of veto. None of this is true. Our constitutional prohibition on
joining a common defence force remains. The amendment to the Constitution states unambiguously that
the State shall not adopt a decision taken by the European Council to establish a common defence
pursuant to Article 42 of the treaty on European Union where that common defence would include the
State. People were told that the mutual defence clause in particular would threaten Ireland’s neutrality. In
fact the obligation to assist is qualified by the statement that each state must contribute by “all means in
their power”. Our Constitution strictly limits the power of the Irish Government in that area. The phrase
“in their power” indicates a restriction, not a freedom to act. The key line on defence in European states is
that nothing in the treaty can “prejudice the specific character of the security and defence policy of certain
member states”. In other words, we are bound only to do things that do not prejudice our neutrality. If
something would prejudice it we cannot do it. This is clear, unambiguous and certain.
Membership of the European Defence Agency is good for Ireland because through it we can buy
equipment for less. The equipment is the same as that used in all other European countries. For example,
it was easy for us to be part of EUFOR in Chad because we all use the same equipment. All the defence
issues raised in the first referendum campaign were misleading and inaccurate. They have been clarified
to some extent as we are now discussing a second referendum. I ask the Government to be very clear in
its clarification of the issues, which will arise again before the referendum.
Minister of State at the Department of Finance (Deputy Martin Mansergh): I wish to share five
minutes of my time with Deputy Mary O’Rourke.
Acting Chairman: Is that agreed? Agreed.
Deputy Martin Mansergh: I am very glad that Ireland and the Irish people have been given the
opportunity to revisit their decision on the EU Lisbon treaty. I welcome the clear statement of principle to
be put into the Constitution which prefaces the more technical legal provisions and which states: “Ireland
affirms its commitment to the European Union within which the member states of that Union work
together to promote peace, shared values and the wellbeing of their peoples.”
Ratification of the treaty this autumn forms a crucial part of the much larger task of rebuilding confidence
in this country and our economy and restoring a sense of direction in our relationship with Europe. While
the initial decision made by the people in June 2008, at the end of a long boom, did not and could not take
account of the horrendous global and domestic financial crisis only three months around the corner, the
state of limbo in which it has left Ireland’s longterm relationship with its EU partners arguably
compounded the loss of confidence and the scepticism with which Ireland and its economy have since
been regarded in many quarters.
[805]The Irish people are sovereign but emerging from our current difficulties could be even more
problematic without ratification of the Lisbon treaty. For many investors, particularly from the US, an
important source of jobs, any uncertainty, whether justified or not, about Ireland’s future position within
the EU must be cleared up. This would mean there could be no mixed messages about Ireland’s good
standing at the heart of the European Union and ability to influence EU decision making rather than as a
country which has decided to opt out of many issues, relegate itself to the sidelines and which would have
the dubious honour of preventing the institutional consolidation of a European Union of 27 members
under the Lisbon treaty as well as any further enlargement.
I congratulate the Taoiseach, the Minister for Foreign Affairs and the Minister of State with responsibility
for European affairs, as well as the Civil Service negotiators working with them, on the manner in which
they have picked up the pieces over the past 12 months. They have demonstrated skill and patience in
identifying and obtaining from the European Council the decision guarantees, protocols and reassurances
that Ireland needs.
The voice of the people has been listened to and their principal concerns have been addressed. Having
secured a hearing for Ireland’s concerns, it is entirely logical that the Government and Oireachtas should
take the EU’s response back to the Irish people to give them the opportunity to review the position both in
the light of concerns raised and addressed, and the very difficult economic, financial and employment
position which has developed since the Irish people last voted in a referendum. Basic information, both
on the Lisbon treaty and the guarantees and reassurances, is contained in the excellent White Paper,
which I am sure will be reduced to a more general and accessible form.
I also express warm appreciation for the consistently proEuropean position maintained by the Fine Gael
and Labour parties, which belong to the Christian Democrat and Socialist groups in the European
Parliament. I look forward to our partners, the Green Party, reaching a decision on whether it can now
recommend support for the treaty. That party belongs to another European group, the Greens, which is in
the main strongly proEuropean and even federalist, especially within France and Germany.
I am glad that my own party’s representatives in the European Parliament are now joining the mainstream
European Liberal group and I look forward to the further development in our party of the liberal
republican tradition, the origins of which go back to the United Irishmen.
Deputy Seán Sherlock: We look forward to that enlightenment.
Deputy Martin Mansergh: It is never an affront to the Irish people to solicit their opinion on a
constitutional matter. As I have stated on previous occasions, treaty ratification where unanimity is
required is implicitly a twostage process. In the first stage, every member state’s opinion is canvassed
and nobody has a veto on others deciding what is their position. As provided in the Lisbon treaty when it
comes into effect, if there are at most only two or three dissenting countries, the European Council will
consider the position, including what can be done to remove obstacles preventing ratification, as it has
done on this occasion. This gives the lie to the notion that this is the last ratification that would be
submitted to the Irish people.
The original constitutional treaty was successfully negotiated under the 2004 Irish Presidency, which was
a source of considerable pride at the time because it was beyond the capacity of Italian Prime Minister
Berlusconi. All member governments signed the treaty but France and the Netherlands rejected it in
subsequent referendums. Adaptations and curtailments were made and the revised Lisbon treaty which
emerged received parliamentary ratification in both countries without subsequent popular protest.
[806]In France’s case, President Sarkozy during the course of the May 2007 election which brought him
to power won a mandate for parliamentary ratification. However, none of our partners was prepared to go
through a second negotiation but in any case what we needed was not a change in the terms of the Lisbon
treaty but authoritative clarification to eliminate any excuse for mistrust, misunderstanding or
misrepresentation, accepting that some would continue to oppose it regardless.
Representative democracy is just as valid as direct democracy, with which some of our continental
partners have had bad experiences, leading to or contributing to forms of dictatorship. Our experience has
been good but we must respect the democratic institutions and procedures that exist in other countries and
not presume that our way is the only way or the best way for other people.
The voice of the people is not suppressed in other EU countries and is expressed, as it is on most issues in
this country, through parliamentary representatives. Every other country has either ratified or has the
intention of completing ratification of the Lisbon treaty. The history of the EEC, EC and EU since 1957
has been that no one country — large, medium or small — has had the right to fix its boundary and say
thus far shall it go and no further. We are part of a common enterprise that embraces — or soon will
embrace — nearly all the nations of Europe, many of which suffered horrible historical experiences over
the past 100 years.
It is beyond my comprehension how the President of the Czech Republic, a selfavowed disciple of Mrs.
Thatcher, can liken the EU to the former Soviet bloc, which was held down by force, where the Soviet
Union suppressed the Prague Spring of 1968 and where border troops of the GDR shot wouldbe escapees
to the West.
It is also beyond my comprehension that there are hardleft organisations and groups in this country,
many of which were close enough to Sovietstyle socialism until its collapse, and which accused the
European Union — the greatest force for peace, prosperity and democracy that the world has ever seen —
of imperial or militaristic ambition. The only ambition I see is a desire to reduce and rationalise defence
expenditure while giving the EU an effective peacekeeping and, where appropriate, peace enforcement
capacity, with military force being only one instrument among many in a tradition of soft diplomacy.
It is too often forgotten by many people that the de Valera legacy is not only one of neutrality in regard to
military alliances but one of support for collective security at international level. On UN membership, he
said in the Dáil on 25 July 1946:
Therefore our people should realise that when we enter into an organisation of this sort we are
committing ourselves to take collective action with other people. The difference between a war such as
may arise under the obligations of the charter and other wars is this: that that type of war would be a war
of enforcement, enforcement of obligations, and also enforcement of rights. If there is ever to be a rule of
law, nations must make up their minds that they will take part in such enforcement.
The EU undertakes at a regional level actions on behalf of and with the sanction of the UN, of which we
can partake subject to Oireachtas approval. There is no problem of principle in this regard for any
follower of Eamon de Valera. His idea was to bring about a state of affairs in which large as well as small
nations would accept the rule of law. This is what happens in the EU and unlike the UN, the EU has no
great power directorate where only five countries have power of veto.
When Ireland won its independence after generations of struggle, it was for most people in order that, in
the words of Robert Emmet, we should take our place among the nations. There [807]were some
advocates on the antitreaty side of an isolated republic but de Valera was not among them.
We would do well to heed President Sarkozy’s advice when he addressed not us but his own people. He
stated:
A nation needs to decide which family it belongs to. A nation alone is a nation with no influence. We
have to stop deluding ourselves that by burying our heads in the sand we are capable of protecting
anything.
If one looks back over Irish history from the Flight of the Earls to the Wild Geese to Young Ireland and
the Easter Rising, our patriots were looking for friends, allies and partners in Europe. When Thomas
Davis wrote “foreign alliances have ever stood among the pillars of national power. . .intimacy with the
great powers will guarantee us from English influence” he had in mind France and the leading German
states. Equally, there are other traditions which value a close relationship between Britain and Ireland.
The European Union transcends these differences and makes us partners of both Britain and the
continental countries. It makes no sense, from any Nationalist or republican perspective, however, to
confine ourselves within what was a claustrophobic relationship between the two islands. The EU freed
us from that relationship, both politically and economically.
By common consent, EU membership has played a major role in the transformation of Ireland. That is the
case because, unlike Britain and Denmark, we have, since 1973, adopted a positive, committed and
enthusiastic attitude to Europe. Our attitude is not that of suspicious, almost xenophobic, British
eurosceptics, most of whom hail from the right wing of the Tory Party where Ireland has traditionally had
few friends. During a lull in peace negotiations at Chequers in the year 2000 or so, Tony Blair expatiated
informally on the unhealthy hold on British public opinion of three newspaper managers, Rupert
Murdoch, Lord Rothermere and Conrad Black, who between them had deterred new Labour from holding
the promised referendum on the euro.
In the previous referendum on the Lisbon treaty, The Sunday Times, the Irish Daily Mail and some of the
Britishowned tabloids reflected the prejudices of their owners and campaigned against ratification on the
basis that it was not in Ireland’s interests. In view of the fact that at that time Irish public opinion was the
subject of a massive and wellfunded assault by the now nearly defunct Libertas organisation, which had
close links to American neoconservatives, the arms industry and rightwing eurosceptics, we should
guard against any sort of manipulation on this occasion. We should be clear with regard to one thing,
namely, in their eyes the alternative to full EU partnership would be an independent Ireland that is a
convenient lowtax haven and wholly in the AngloAmerican sphere of interest. These elements view
Ireland as a country which had high ambitions, which enjoyed outstanding success but which should now
be placed firmly back in its box.
Sinn Féin, which, as with all previous EU treaties, is opposed to the Lisbon treaty while proclaiming that
it is proEuropean, appears to be inspired by longoutdated conceptions of national sovereignty and also a
belief that this is a political opportunity for it to expand its small base in the Republic. This is a mirage
which separates it from all the mainstream parties. I wonder about the coherence of that party’s approach
in the context of its desire to have the single currency extended to the entire island while opposing the
Lisbon treaty.
Europe has no desire to impose secular norms on our sociomoral legislation. The principle of subsidiarity
applies and how we order legislation affecting the family or life is entirely a choice for us. The inspiration
behind the European Union was largely Christian, and, indeed, Catholic. It would, therefore, be a great
pity if the EU were to be rejected on foot of a mistaken [808]belief that it is inimical to such values. The
EU has been far more socially progressive and favourable towards workers’ rights and equality. The same
could probably not have been said of Ireland if it had been left to its own devices. The EU’s ethos is
based on the social market economy and trade unions have a far better chance of exerting influence by
working from within rather than by opting out.
Subject to the will of the people, I look forward to Ireland fully rejoining the European mainstream in the
aftermath of the referendum on 2 October. I also look forward to picking up the threads of what has been
by far our most successful foreign policy initiative since Independence. There is not a single thing to be
gained by placing ourselves offside with our friends and partners. A positive vote will assist in putting us
back on the road to recovery and will restore our selfconfidence and our faith in the European project.
Deputy Mary O’Rourke: I thank the Minister of State, Deputy Mansergh, for generously sharing
time. I heartily endorse the holding of a second referendum on the Lisbon treaty, particularly in light of
the guarantees obtained through the brilliant strategic and diplomatic skills of the Taoiseach, the Minister
for Foreign Affairs and the officials of their Departments. There is no doubt that the winwin agreement
with which they returned from Europe represents a masterstroke. Anyone who believes that we should fly
in the face of that agreement is very foolish indeed.
I wish to compliment President Sarkozy of France, who travelled to Ireland immediately after the defeat
of the previous referendum on the Lisbon treaty. He was warm and supportive and met everyone while he
was here. I have no way of knowing for sure but I believe that he was responsible for developing matters
relating to Ireland when he returned to France.
The Minister of State referred to de Valera and Lemass. I jotted down points that are extremely similar to
those he made. However, the Minister of State and I did not speak about the matter until we entered the
Chamber this evening.
Deputy Charles Flanagan: Great minds.
Deputy Billy Timmins: Or script writers.
Deputy Mary O’Rourke: A recent television documentary correctly depicted Seán Lemass as an
expansionist who looked to Europe. However, de Valera was no isolationist. He wanted Ireland to join
the United Nations and strove hard to ensure that this came to pass. Equally, he laid the groundwork —
admittedly the project came to fruition under a different Government — for this country to become a
member of the Council of Europe in 1949. We are, therefore, upholding a very fine tradition.
The White Paper that has been published is extremely good. I suggest that we put forward the facts in
plain language. Ordinary people do not want to hear turgid, dense language because it means nothing to
them. In addition, no one should be the subject of condescension during the forthcoming referendum
campaign because people are entitled to their points of view. However, there should be a policy of instant
rebuttal from our side. During the previous campaign, some outrageous remark would be made and this
would not be rebutted for three or four days.
I wish to highlight the lies being peddled in a monthly newspaper, Alive!, which is handed out, free of
charge, at the Catholic churches some of us attend each Sunday. I do not know if this publication is
available at Church of Ireland churches. The Minister of State is shaking his head so I presume it is not.
Something should be done about this publication because those responsible for it are peddling lies.
[809]Of all the positives we have gained as a result of our membership of the European Union, that
relating to education is the most important. As everyone is aware, in the past Irish people, for reasons of
missionary zeal and also because, from time to time, they heard the call of distant drums, travelled abroad
to proselytise. When they left, they brought with them their ideas and ideals. Through the European
Social Fund, young people here were provided with funding which enabled them to attend our wonderful
institutes of technology and certain universities and also to pursue courses on the ERASMUS programme.
These were the new Europeans who travelled abroad — admittedly with stars in their eyes — to be
educated and who returned home to disseminate the knowledge they obtained.
7 o’clock
There has been much debate with regard to whether the report of Colm McCarthy’s an bord snip nua
should be published. I am of the opinion that it should. If it is not published, it will become a potent
weapon in the armoury of those who oppose the Lisbon treaty. If we do not publish it, the unspoken will
become everyday coinage because no one will be aware of the report’s actual contents. The unwritten will
prove to be as delicious as forbidden fruit. I do not care what the mandarins at the Department of Foreign
Affairs have to say on the matter. If an bord snip nua’s report is not published, it will become an albatross
around our necks. It should be published in order that people will be made aware of the various options
that have been put to the Government. Rather than this being a hindrance, I believe it will prove to be a
help.
I look forward to the forthcoming campaign on the second referendum on the Lisbon treaty with relish. I
am particularly looking forward to engaging with people on a onetoone basis. I hope the campaign will
succeed. There is no doubt that hard work and honesty will be required from those on all sides.
Cuireadh an díospóireacht ar athló.
Debate adjourned.
Dáil Eireann Debate

Vol. 687 No. 4
Wednesday, 8 July 2009 22
Page of 344
Atairgeadh an cheist: “Go léifear an Bille an Dara hUair anois.”
Question again proposed: “That the Bill be now read a Second Time.”
Deputy Aengus Ó Snodaigh: Gabhaim buíochas as an am a bheith againn chun labhairt ar an cheist
ríthábhachtach seo. Is trua nach bhfuil deis níos faide agam chun na pointí atá agam a leagan amach agus
is trua ach go háirithe toisc sinn an taon pháirtí sa Teach seo atá ag cur i gcoinne an mholta atá os ár
gcomhair inniu, go rithfear an reachtaíocht seo a thabharfaidh cead reifreann eile ar chonradh Liospóin a
dhéanamh athuair. Ba chóir go mbeimís tar éis an deis chéanna a fháil agus gach aon pháirtí eile.
Go fisiciúil, is ar imeall na hEorpa atá muid. Le linn anchuid dar stair is ar imeall imeachtaí móra a stroic
an Mhórroinn as a céile nó a mhúnlaigh an áit ina bhfuil muid inniu a bhíÉire. Sin ráite, is minic chomh
maith inár stair go raibh Éire i gcroílár na hEorpa. Ní ghá ach smaoineamh ar leathnú na Críostaíochta —
bhí alt suimiúil faoi sin ag Beresford Ellis, agus “Untilled Fields”, scéal faoi chomh mór agus a bhíÉire ag
tréimhsí difriúla. I rith thréimhse an ghorta agus eachtraí eile, bhíÉire i gcroílár na hEorpa.
Le déanaí bhí muid i gcroílár na hEorpa dhá uair — an tAontas atá i gceist agam, seachas an Eoraip
stairiúil — nuair a chuir muid spanner in inneall ailtirí thodhchaí an Aontais, todhchaí a bhí siad ag triail a
mhunlú mar ollstát. Is cuimhin liom an alltacht a bhí orthu siúd go raibh sé de dhánacht ann ag tír bheag
ar imeall na hEorpa, mar sin an tslí a fhéachann siad ar Éirinn, fód a sheasamh ina gcoinne. Tharla sin
nuair a dhiúltaigh muid conradh Nice den chéad uair agus tharla sé anuraidh nuair a bhí sé d’éirim ag
muintir na hÉireann conradh nach raibh ar a leasa a dhiúltú— sin an conradh Liospóin.
In ainneoin nach bhfuil aon duine ag rá nár chóir go mbeadh Éire i gcroílár na hEorpa, tá urlabhraithe an
Rialtais ag cur inár leith gur sin an seasamh atá againn. Ar eagla nár chuala siad mé nó mo pháirtí le
blianta anuas, is í croílár na hEorpa áit cheart na tíre seo ach is é an sórt Eorpa atá faoi chaibidil — agus
ba cheart go mbeadh sin faoi chaibidil — ach go háirithe tar éis an vóta i gcoinne chonradh Liospóin
anuraidh agus i gcoinne chonradh Nice roimhe sin. Sin an díospóireacht atá ar lorg timpeall na Mór
roinne ach tá sé ar lorg go háirithe sa tír seo.
Ireland’s place is at the heart of Europe. Those of us who campaigned against the Lisbon treaty and the
overwhelming number of people who voted against it last year did so because we believe a better Europe
is possible, a Europe that is democratic and accountable, promotes workers’ rights, protects public
services and seeks to play a positive and progressive role in the wider world.
In June 2008 when almost 1 million people rejected the Lisbon treaty, we gave the Taoiseach, Deputy
Cowen, and the Government a mandate for change. We gave him a strong hand to play at the Council of
Ministers. Following the example of the people of France and The [829]Netherlands, we called on our
Government to reopen the treaty negotiations and to secure a better deal, not only for Ireland, but for the
EU as a whole. The Government had the mandate to seek that from its EU partners. While it might not
have liked this, it would have understood.
Once again, the Taoiseach and the Government failed the people. Like their disastrous mismanagement of
the economy, Fianna Fáil and the Green Party have squandered an opportunity to secure a better treaty
and a better future of the EU for all of us. They could have taken the steps demanded by the vote in June
2008. They could have renegotiated a better deal for Ireland. They could have built alliances with those in
other EU countries who were seeking a better EU, namely, social and trade union movements, cultural
and political organisations and individuals who endorsed the progressive “No” vote. They could have
demanded a more democratic and accountable EU.
In the Taoiseach’s statement to the House on 24 June, following the European Council meeting, An
Taoiseach showed that he had failed miserably to do what the mandate had demanded of the Government.
He told us the Council had agreed a package of legally binding guarantees that responded
comprehensively to the concerns of the people. I wish that were true. If it were true, Sinn Féin would be
taking a different position in this debate. The most salient fact to be drawn from the Council of Ministers
meeting of last month is that the Government failed to secure a single change to the text of the Lisbon
treaty.
When we vote on this matter on 2 October, we will vote on exactly the same treaty as was rejected by
53% of the electorate on 12 June 2008 — no amendments, additions or deletions. The socalled legally
binding guarantees are nothing more than clarifications of the treaty. For those of us who took the time to
read it the first time around, they tell us nothing new and in no way alter the content or our analysis of the
treaty. They are simply an attempt to provide the Government with sufficient political cover to rerun a
referendum on a treaty that already has been democratically rejected by the people.
Before dealing with the detail of the socalled guarantees, let me say a word about the Government’s
claim that, if the treaty comes into force, each member state will keep its Commissioner. Unfortunately, I
suspect a slight of hand, that is, rather than having secured each member state’s right to a permanent
Commissioner, the Government has secured a deal that will last only five years, at which time the Lisbon
treaty formula of a smaller rotating membership Commission will come into force in 2014. I call on the
Minister for Foreign Affairs to clarify the position. Has he secured Ireland’s right to a permanent
Commissioner or, as I suspect, has he secured a stay of execution lasting only five years?
Two of the key reasons a majority of the electorate rejected the Lisbon treaty in June were concerns over
workers’ rights and public services. For the past decade, both the European Commission and the
European Court of Justice have increasingly adopted rightwing neoliberal policies and decisions in an
attempt to “complete the internal market”. Adopting a rigid interpretation of EU treaty law, both the
Commission and the court actively campaigned against what they believed to be “distortions to
competition”. These included key aspects of workers’ rights, such as minimum pay agreements and rights
to collective bargaining. They also included attempts to prize open public services such as health and
education to the vagaries of the market.
Across the EU, trade unions and citizens understood these threats. In France and The Netherlands, the
forerunner of the Lisbon treaty was defeated primarily, although not exclusively, because of these
concerns. They were not addressed in the subsequent Lisbon treaty. In Ireland, the country’s largest
union, SIPTU, could not endorse the treaty because of its con[830]cerns on these matters. Two of the
state’s largest unions, Unite and the TEEU, actively opposed it. According to the opinion polls, even a
majority of Labour Party voters were opposed to the treaty because of concerns over workers’ rights and
public services.
Only hours after the result of last year’s referendum was known, the Labour Party leader, Deputy
Gilmore, understanding that many of his own supporters did not agree with him on the issue, was quick to
tell anyone who was listening that the treaty was dead. Shortly after that referendum, he told the media
the people had spoken and the result of the referendum must be fully respected. It is a pity he has not
continued to espouse that view. He later said there can be no question of putting the same package to the
people as was put to them before, yet he is supporting legislation in the House today that will put exactly
the same package to them later this year. The referendum in October will be on exactly the same treaty as
was rejected by more than 53% of the electorate in June 2008. I oppose the Bill.
Deputy Seán Sherlock: The date 2 October 2009 will be a seminal moment in our relationship with
the European Union. If we pass the Lisbon treaty, we will say to our EU neighbours that we are on board
and intend to proceed in partnership with them. By passing it, we will say to our EU partners that we want
to see the establishment of areas of cooperation or shared competences, particularly in respect of the
internal market, energy and economic and social cohesion. These are the areas on which we must focus if
we are to be assisted in putting our economy back together and getting people back to work. Without
these areas of cooperation, we will be forced to proceed alone. We cannot afford such a policy. We rely,
from this juncture, on our EU partners to assist us in getting back on track. These provisions are built into
the treaty and if we reject it for a second time, any assistance to be garnered from our EU partners will be
nullified.
We are a shrewd people and have built our country on the management of relationships, either socially,
politically or from a business perspective. Adopting the treaty will assist those relationships, particularly
in the areas of foreign direct investment and EU research programmes, two areas that are vital to our
economic growth and which are encompassed by the treaty. I hope we can continue to play a qualitative
role as a member of the European Union in this regard and that we can continue what has been a long and
fruitful relationship. I am grateful for our membership of the European Union because mine is the
generation that has benefited most therefrom.
Membership of the Union and protection of our national interests are not mutually exclusive. In spite of
the economic constraints upon us now, it will be through a deepened relationship with our EU partners
that we will restore our economic vitality.
At the EU Foreign Ministers meeting held after the last referendum, our Minister for Foreign Affairs
spoke on the diverse nature of the Irish debate and the overlap in that debate between issues that were
relevant to the treaty and others that were not. Some of those extraneous issues, which have no part in the
debate on treaty revision, have now been put to bed. The guarantees are secured and we should
acknowledge that.
Our national interest is a strong Ireland within a strong European Union and one that is concerned with
jobs, families and social solidarity. The Union consists of 27 countries and 490 million people and I make
no apologies for contending we should be part of an integrated union that challenges the hegemony of the
United States, China and Russia.
Our views in the Labour Party have been always tempered by a belief in social solidarity, as espoused in
the European social model. That model of social solidarity has come under attack [831]from people such
as our own Commissioner. Those who argue in favour of the retention of a Commissioner should ask
themselves if the incumbent Irish Commissioner has acted in the best interest of this country or
propagated an agenda that is contrary to our largely social democratic principles. I hope our next
Commissioner will possess the egalitarian republican ideals once espoused by the Taoiseach. I am glad to
note we have retained our Commissioner nonetheless.
The EU Commission, by its composition, has shifted to the right. That provides clear evidence of the need
for the Union to reform its structures. The primacy of interinstitutionalism, that is, of an allpowerful
Commission, must be challenged. I am not espousing intergovernmentalism per say because there must
be a finely tuned balance between the two. The treaty provides such a compromise. That balance, as
contained within this treaty, is provided for by extending the decisionmaking powers of the European
Parliament, an institution that reflects the wishes of the peoples of Europe.
We, the peoples of Europe, must understand that the model underpinning the workings of the European
Union has been dominated by those who have sought to deregulate every aspect of our lives, especially
within the realm of public services or services of general interest, as they are referred to in the treaty. I am
glad we have made progress on that matter and that these services are recognised within the treaty.
We have seen the fruits of the Commission’s labours — a European financial structure that is in tatters
and an EU economy that is floundering. This is unsustainable and unbalanced. The way to redress the
imbalance is to give more powers to the European Parliament. This will shift the power back to the
people, the same people who are currently unemployed and face an uncertain future and who are rightly
suspicious of their Governments and want to see jobs and the economy put to the forefront of the political
agenda. The European Parliament will at least provide a counterweight that will be more reflective of the
wishes of the European peoples, even if it is dominated by the right. The Parliament, by its nature,
because it does not govern unilaterally, is closer to the people and will reflect their concerns.It will ensure
that job creation throughout Europe remains the first priority. That is provided for within the treaty.
The Lisbon treaty provides that the “ordinary legislative procedure” involves codecision between the
Council of Ministers and the European Parliament, with qualified majority voting in the Council of
Ministers. This mechanism, by its nature, increases democratic control over legislation. This concept,
however, is not debated widely because there is still a serious deficit of knowledge among legislators and
the public as to the general powers of the European Parliament. Until every citizen has as much
knowledge of how the Union works as they do of their local councils or even the Houses of the
Oireachtas, treaty revisions will be dominated by issues such as those on which legal guarantees have
been obtained and which form no part of the treaty.
The fact remains that we still do not understand how the whole mechanism works. Before I am accused of
patronising anybody, I must state every single person to whom I spoke prior to the last referendum stated
he or she did not understand the treaty or how it worked. That is a fact. How can I sell this treaty to
anyone if the majority of us do not understand qualified majority voting or codecision or know the
difference between a directive, a regulation and a decision? We must inculcate our fellow citizens with
knowledge of the workings of the institutions in a positive way. This must start in every school and from
a young age. Until such time as this is achieved, there always will be opportunities for Governments and
selfinterested groups to take advantage of people’s lack of knowledge.
[832]There is still a dearth of knowledge. It is not sufficient for the Government to suggest it has
delivered the goods in terms of legal guarantees or solemn declarations. There are many who were never
exercised by these issues in the first instance. Most were exercised by the fact that they did not know
what was in the treaty. There are many who were never exercised by these issues in the first instance.
We, in this House, are to blame for this. We have never set out to have a meaningful educational dialogue
with our fellow citizens on the fundamentals of how the European Union works. That is partly why the
referendum fell the last time. It could do so again unless we engage in a meaningful way with our fellow
citizens.
Deputy Timmy Dooley: I wish to share time with Deputies Edward O’Keeffe and Michael Kitt.
Deputy Timmy Dooley: I welcome the opportunity to speak in this important debate and to
recognise the good work of our negotiators at Government and official level. The Lisbon treaty charts the
future direction of Europe, characterised by member states working together more efficiently and
effectively to exploit shared opportunities and resolve common problems. The biggest issue the Union
faces is how to bring about economic recovery, to provide jobs for our people and to protect those already
in employment. We are required to improve financial regulation to protect the fabric of our economic
structure which has come under considerable strain in the past 12 months. The treaty also concerns
energy security, climate change, conflict resolution and judicial and police cooperation in civil and
criminal matters. This country is bedevilled by the plague of drugs trafficked through and imported from
other member states. It is vitally important to develop a cooperative environment between member states
so that we can deal with those who continue to ply such an evil trade.
The Lisbon treaty does not concern some hidden agenda to destroy this country. It does not mean that
some rogue state or bureaucracy is trying to undermine or dispossess Ireland, an idea that some on the
“side seek to advance as a reason to reject the treaty. It involves updating the legal basis on which the
relationship between the 27 member states is governed. It entails improving democracy through the
increased participation of the European Parliament in decisionmaking. The parliaments of the member
states will be involved in a manner that gives rise to increased input from national politicians and
enhances transparency in a complex decisionmaking process. It feeds into the notion that we are
somewhat removed and our citizens do not understand the EU institutions. I often wonder whether they
have a full view of the operation of national and local institutions notwithstanding that they form part of
the general discourse. Ireland’s media is to an extent removed from what happens in Brussels which
creates a deficit in the flow of information. There is a good and compelling reason to have more debate
here on issues dealt with at EU level that are important to this State. The involvement through the
Oireachtas Joint Committee on European Affairs and the discussions in the plenary session of the House
of EU issues will improve the public discourse and give people a better understanding of the issues which
will help to deal with the knowledge deficit.
The treaty is designed to improve democracy within the Union by ensuring that the concerns of small
member states are not ignored or overruled by the large blocs. Qualified majority does that. A veto is not
democratic. To suggest that one country can hold up 26 others is undemocratic. It is a blocking
mechanism and it does not serve the Union well. That is why the double [833]majority whereby 15
member states representing over 65% of the population is an effective mechanism to protect small states
and prevent the large ones having their way. At the same time it allows the Union to progress on
important issues because one country cannot prevent the entire Union from developing solutions to its
problems. The citizens’ initiative is an important aspect of improving the democratic process or ensuring
that citizens can advance a case before the Commission that their national government has ignored.
The treaty also defines the competences of the Union and makes it clear that a competence not explicitly
conferred on the Union remains with the member state. In the “No” campaign people sought to introduce
extraneous issues which had no basis in any of the legal documentation and suggest in a convoluted way
that the European Court of Justice might determine a particular matter that would have a negative impact
on the citizens of this State. That is not the case although it has been put forward at almost every
opportunity. I am not aware of any group of people that seeks to do that.
A large factor in the previous campaign was that collectively on the “Yes” side we failed to communicate
our message although almost all the political parties, except Sinn Féin, supported the treaty. The parties
who supported it took for granted that it would pass. There did not appear to be anything particularly
contentious in it and we all expected that it would be alright on the night but it was not. We left the way
open for the conspirators to influence public opinion. Sure enough there were plenty of farfetched
theories, of notions that some external body would collect up children as young as three years if their
parents were not managing their families in the way certain groups believed they should. There were
those who suggested that our corporation tax, which is so valuable to the protection of our jobs would be
abolished, that young men and women would be conscripted into an EU army, that not only would the
abortion issue be back but that we would have euthanasia too and stem cell research with all sorts of
outrageous individuals crawling around the State. These conspirators sought to create something that did
not exist anywhere in the text and was not in the minds of anybody within the socalled bureaucracy. We
all stand indicted of a failure to promote the treaty, although a few of us succeeded in getting a “Yes”
vote in our constituencies but perhaps we should have been able to get a greater majority and assist those
who had difficulties in achieving it.
Deputy Aengus Ó Snodaigh: The Deputy got no thanks for that.
Deputy Timmy Dooley: We will see how that works out the next time, maybe the smile will be on
the other side of our faces.
9 o’clock
After the campaign the Government undertook significant research to find out what caused people who
might otherwise have voted “Yes” to drift into the “No” camp. These included the abortion issue, which
had been covered in the Maastricht treaty, social and ethical issues. Militarisation and taxation were
important and the loss of influence through the loss of a Commissioner. This reflects a lack of
understanding of the EU institutions and the roles of the Commission, the Council of Ministers, the EU
Council and the European Court of Justice. Some believed that without a Commissioner we would not
have influence. Notwithstanding that, I met many who felt there were too many rules, regulations and
directives coming from Europe and the fewer Commissioners, the smaller the body of rules and
directives. That point was lost in the debate.
The work of our committee on European affairs, and particularly that of the Subcommittee on Ireland’s
Future in Europe, helped us to develop a model to ensure that we get over this information deficit. It was
also helpful in identifying the price that we will pay if we fail to ratify the treaty. Some suggest that there
is no price to pay but there is. Paul Rellis of Microsoft [834]and representatives of other multinationals
who came before the committee said that if Ireland failed to ratify the treaty there would be implications
for foreign direct investment because the lack of certainty from an investor’s point of view would affect
our capacity not just to create jobs but to retain the jobs we have. That was going to impact on our
capacity not just to create jobs but to retain the jobs we already have.
There are reforms necessary within this House and they can be studied again at a later stage. All
Oireachtas Members must be encouraged to take on a more active role in EU issues, and regular debates
in this House will ultimately lead to a greater level of understanding in what goes on within the European
institutions.
This is our chance to regain a central role as committed Europeans, gaining for our country through active
participation and decision making. We must show leadership and move into this to a point where we do
not feel fearful. We must bring certainty to our position as a leader rather than a follower in Europe and
we must retain an active participatory role in shaping the future of the European Union. We must protect
our advances, cooperate to resolve our difficulties and stand proud as an equal in a Union of diverse
nations sharing common goals and objectives, and working to resolve differences within a framework
based on the rule of law and set out and updated in the Lisbon treaty.
Deputy Michael P. Kitt: I support this treaty and congratulate the Minister and his officials on their
negotiations. The treaty amends the two treaties upon which the Union is founded. I recall that when we
discussed the issue before we voted the last time, we spoke about having an effective and efficient Europe
and it is important to promote that in plain language.
We have seen the Union growing from six to 27 member states and we are very concerned about
enhancing the role of national parliaments and the European Parliament while maintaining equal rights
for all member states, particularly in the nomination of a Commissioner. The reduction in the number of
Commissioners was dealt with in the Nice treaty and although it is not the most important issue to my
mind, people felt there should be a voice for every country and it is important that the matter be
considered.
I was glad to a see a citizens’ initiative in the treaty, where citizens of the Union would have a more direct
say on EU matters. That is to be welcomed, along with the Charter of Fundamental Rights, which is
legally binding for the Union institutions and member states when they implement European Union law.
For the first time there is reference to a provision for combating climate change. I am glad this is to be
considered, particularly as it regards developing countries. I know the Minister is interested in developing
countries and helping the poorest of the poor. It is a major issue and it is welcome in that context. There is
a retention of unanimous voting in the Council of Ministers in policy areas such as taxation and defence.
There has been much debate over the years about the need for the European Union to speak with one
voice internationally and I welcome the appointment of a high representative for foreign affairs and
security policy. That person will have the responsibility to make the Union have a clearer voice in
international affairs.
The guarantees which have been fought for are very welcome and these assurances meet the people’s
concerns. They were finalised at the June 2009 European Council. Every speaker has referred to the
nomination of a Commissioner, which is very important, as there were posters in the last campaign
outlining that concern. There are also legal guarantees on the right to life, family and education, taxation
and security and defence. The confirmation of the importance [835]which the Union attaches to workers’
rights and social policy is one of the very welcome guarantees which have been given.
Some of the research carried out has been mentioned and I note the research done by Millward Brown. It
shows a bigger turnout for the Lisbon treaty referendum compared to previous treaty votes, and the
proportion of those voting “No” increased. There was also an issue concerning the amount of potential
“Yes” voters who stayed at home, with one reason being the lack of understanding and knowledge of the
issues. Those of us promoting a “Yes” vote in this instance must address that.
It is interesting that 60% of Irish voters believe Ireland’s interests are best served by remaining fully
involved in the European Union. Despite the outcome of the first Lisbon treaty referendum, Irish people
are among the most positive in their attitudes toward the European Union. I understand 73% of people
considered European Union membership to be very good and even among “No” voters, 63% saw the
European Union as a good thing. That is well ahead of the European average of 52%. Many positive
messages come from that research.
Concerns about Irish neutrality and possible conscription into a European army have been dealt with,
along with issues relating to abortion. These matters were not contained in the treaty but they came up, so
they have been dealt with through the guarantees. The research also addressed issues arising from
advocating a referendum based on institutional reform, as this can be difficult. There is much more
information available now in the national media and even among families, friends and colleagues. When
we discussed issues such as institutional reform in the past, it was a big turnoff, so we must ensure the
language is plain and simple on the next occasion.
I welcome the additional legal guarantees and assurances which will address the concerns of the Irish
people. They have been confirmed by the European Union and I look forward to the referendum on 2
October.
Deputy Edward O’Keeffe: I am glad to have the opportunity to speak in this important debate. I
canvassed very strongly in the last referendum campaign and to my disappointment, we were not
successful. There was not enough hard work done in that campaign by political and interested parties on
the island. Be that as it may, I congratulate the Minister for Foreign Affairs, Deputy Micheál Martin, on
promoting this second referendum on the Lisbon treaty. He did a great job in getting the guarantees in
Europe and I wish him well in the campaign, which I hope will be successful. It will not be any easy sell
to the people.
The Minister has presented a very fine White Paper on the treaty but is any work being done in schools to
educate our kids at all levels — including primary and postprimary levels — on the issue? They will
speak to their parents and educate them on the importance of Europe from an Irish context.
We have gone through a very difficult period on this island in the past few months in the financial area. If
we had been more generous in our support of the Lisbon treaty, we may have received much more
support from Europe. If it were not for the European Central Bank, we would be in great difficulty in the
country. Mr. JeanClaude Trichet has been very helpful to Ireland in making funding available to help the
economy and get us over this difficult period in our financial and economic history.
We are part of the bigger picture in the European Union. I read in a magazine this evening that 4 million
people work in the agriculture industry in Germany, which is a significant number equivalent to the
current Irish population. The Common Agricultural Policy is very important for Ireland but we have seen
a great watering down of it in the past number of years. We have [836]seen the effect of the health check
on rural life in Ireland and I would sound a warning on the difficulties in agriculture.
The farming and commercial sectors were the mainstay of Europe in 1973 and 1974 and they put us into
the Union. The campaign was fought by Jack Lynch, Paddy Hillery and others, and it was a great boost
and success for Ireland. Many of the peripheral parties, including that on my left, were opposed to it at the
time. There will always be peripheral parties to oppose the good economic decisions. We are a peripheral
nation surrounded by water. There is a high cost to get goods from this country to mainland Europe.
Deputy Martin Ferris: We fought a good campaign.
Deputy Edward O’Keeffe: The Deputy is in a peripheral party and can only stand up tonight to
make a protest. He will not be able to divide the House.
Deputy Aengus Ó Snodaigh: We represent 54% of the people on this issue.
Deputy Edward O’Keeffe: The Deputy can keep quiet. I am glad there is a united approach in the
House, apart from the smaller groupings, as that is very important. We should not be complacent because
if we had more debate, we could better educate people. There are many relevant points in the White
Paper.
I had the privilege of travelling through Munster and meeting many Deputies and councillors in the last
European election campaign. I got a handful of votes in that so I got some recognition. Rural areas of
Munster — from Nenagh to Castletownbere and from Kenmare to the border of Waterford and Wexford
— are completely dependent on agriculture. Industry in many rural towns in these areas is based on
agriculture. That fact is often forgotten. Some 4 million people out of a total population of 90 million in
Germany work in agriculture, particularly in the area of farming.
The economic scene in Ireland is driven by the dairy industry, which is in difficulty at present. We have
the support of the German Chancellor at meetings of the Council of Ministers and the Heads of
Government in respect of this matter. However, we do not have that of Commissioner Fischer Boel who
is pursing a different agenda. Emergency aid is required in order that rural farming and the rural dairy
industry might be supported. European agriculture cannot survive without such support. We cannot
compete with countries in the south Atlantic, such as Brazil, or those in the Pacific, such as New Zealand.
There is no point in stating that matters are different.
This will become an issue for those who live in rural areas during the forthcoming campaign. I am a good
friend of the Minister for Foreign Affairs and I want to speak fairly and honestly to him. Many farmers
are not able to make ends meet because they are being paid only 20 cent or less a litre in respect of the
milk they produce. New Zealand currently produces 17 million tonnes of milk, while Ireland produces 5
million. As a result, there is a real issue of concern for those involved in agriculture in Ireland and
throughout Europe.
People who live in rural areas have always been one of the mainstays of this country. In addition, rural
industry is extremely important. I ask the Minister for Foreign Affairs, who is an able negotiator, who has
enjoyed great success in the portfolios he has held and of whom we are very proud, to use his influence in
respect of this matter. If the referendum is carried, I hope he and I will be able to celebrate his success in
Cork on 3 October. I wish him well.
[837]Deputy Tom Hayes: That would be a good occasion for the Minister to announce he intends to
take a shot at becoming party leader.
An Ceann Comhairle: It will be a good occasion for drinking Murphy’s stout.
Deputy Paul Connaughton: There will be fireworks that night, please God. I wish to share time with
Deputies Perry and Tom Hayes.
Deputy Paul Connaughton: Like almost every other Member of the House, I am of the view that the
referendum on 2 October will be a crucial test for the Irish nation and its people. I have been a Deputy for
some time and I cannot recall a more important test.
Despite the complexities of the EU laws deemed necessary to help direct the lives of 500 million people
across 27 countries, there are few enough questions which arise to be answered in respect of those laws.
When the referendum is held on 2 October, everyone will be required to answer a central question,
namely, whether the 4.2 million people who live in this country, which is located on the periphery of
Europe, should enjoy the benefits — and in some instances the shortcomings — of having access to the
potentially massive market that exists across the 27 countries of the Union. They must also evaluate
whether we have a better chance of selling, at a premium, the vast array of goods and services we produce
inside or outside the European Union. In other words, we must ask whether we need the EU more than it
needs us.
Will Ireland’s participation as a fully integrated member of the EU lead to low interest rates? There is no
question that Ireland will be always a member of the Union but we must ask whether we will be at the
centre of things if we reject the Lisbon treaty. If Ireland remains on the periphery of Europe, literally and
otherwise, will that be good or bad for the countless thousands of young couples that are up to their
eyeballs in debt as a result of the large mortgages they took out to purchase their homes?
Will the changes that have been introduced to the Lisbon treaty make the mood more conducive in the
context of allowing people to make up their own minds or will the famous slogan “If in doubt, leave it
out” so successfully employed by the antiLisbon treaty lobby during the previous campaign again hold
sway. I heard that slogan on a thousand occasions when campaigning on the previous occasion. Many
people said they did not fully understand the treaty and that those opposing it must be right so, therefore,
they voted “No”. That is a trap into which we cannot fall on this occasion.
As already stated, the laws governing the EU are extremely complex. Hundreds of students write PhDs on
the subject each year. However, I am concerned with regard to the fundamental questions that arise for
the ordinary man and woman which will have to be answered prior to 2 October. If one were to research
and study the myriad laws deemed necessary to run Galway County Council, not to mention a
Department, one would easily come to understand how seemingly complex are the laws required to order
the lives of 500 million people across 27 countries. That does not mean, however, that we should not try
to bring the EU closer to every citizen of the Union.
In 1971 I was involved with Macra na Feirme, which canvassed extensively to bring about Ireland’s
access to the then EEC. The principles behind the EU, which I do not have time to discuss in detail at this
point, are the same now as they were then.
We must ask whether the new version of the Lisbon treaty is more appropriate than that which was
rejected by the people. Many people either did not vote on the previous occasion [838]or they voted
“No”. In fairness to the Minister, the Government, the leaders of Fine Gael and the Labour Party and
everyone else involved, I am genuinely of the view that the new version is more appropriate. I wish to
provide a number of examples in that regard. I know the Minister has heard them a thousand times but
there is no harm in placing them on record again.
I have always believed that preventing each country from having a Commissioner was a major mistake
and I said so during the previous referendum campaign. Not only did those on the Minister’s side of the
House disagree with me, so too did certain Members on this side. Irish people and those of most other
nationalities like to see their man at the centre of power. Whether they are right or wrong in this regard is
another story altogether. The fact is, however, that many Irish people want to see one of their compatriots
representing them in the green jersey. It can be argued that this is not what EU Commissioners do.
However, countless hundreds of people in my constituency did not vote on the previous occasion because
Ireland was going to lose its Commissioner. I sincerely hope that the fact that this will no longer be the
case will make a major difference to the result on 2 October.
The issue with which we are dealing is extremely complex. The European Union is comprised of separate
countries which have many and diverse interests and among which there are vast cultural differences.
These countries are joined by a strong thread which demands a Europe of rights and values, freedom,
solidarity and security. Citizens’ rights, the Charter of Fundamental Human Rights and the freedom of
European citizens surely must be core democratic principles to which all lawabiding people in Europe —
and their counterparts throughout the world — would aspire. In light of the principles it espouses, it is
fitting that Irish people are at the heart of something as great as the European Union.
I agree with Deputy Ned O’Keeffe’s assertions in respect of farming and agriculture. However, I do not
have time to deal with that matter now. Although it was presented as being otherwise, it always has been
the case that, under the Lisbon treaty, we will retain control over our tax rates. That is a major issue for
the Irish people. If I succeeded in doing nothing else other than getting that message across, I would be
satisfied. This is an extremely important matter.
We must move forward and run the referendum campaign on the basis that we have respect for those who
wish to vote “No”. We must take into account their views but we must also get our point across and
ensure there is a resounding “Yes” vote.
Deputy Tom Hayes: Like other Members, I am glad to have the opportunity to express my views on
the rerunning of the referendum on the Lisbon treaty. Like many Members, I canvassed during the last
referendum but as was noted earlier, collectively they took their eyes off the ball in respect of the issues
with which they were being confronted. As politicians and parliamentarians and people with their ears to
the ground, Members should have known the reason that 53% of the electorate voted against it. They
should have been more in touch and should have been able to understand the people’s thinking. However,
Members also failed to tell or explain to the people what was involved in the Lisbon treaty. Barely a week
elapsed after the vote before people began to state they voted “No” or abstained because they did not
understand the treaty. Consequently, a great number of people did not understand the treaty and as we
face into another referendum, it would be naïve to allow the same thing to happen.
Members should consider how this country has gained so much from its membership of the European
Union. However, more than 418,000 people are unemployed at present and that number is rising. Last
Tuesday, I was in Tipperary town before leaving for Dublin and saw hundreds or perhaps thousands of
people standing on the footpaths in the dole queue. I won[839]dered what such people will do when the
Lisbon treaty referendum is put before them. While I do not know, I believe Members have a duty and a
responsibility to find out what they will do and what are their concerns. These people who now find
themselves unemployed have never been out of work previously. Only recently, I read that our stock in
the United States of America, particularly in respect of industrialists who might be considering locating
here, never has been so low. I spoke to someone who has been involved with such individuals recently
and it was explained to me that because we voted “No” in the last referendum, American industrialists are
not coming to Ireland as a result. Is this true or false? The people on the live register and in the dole
queues should be made aware of the real consequences for Ireland if there is another “No” vote. This is a
vital issue that must be explained to people. The population is educated and if people understand the
consequences of a “No” vote, many will go to the polling booths and do what both the Minister and Fine
Gael wants them to do. It is of major concern to me that the Minister should get over this hurdle.
The second issue I wish to address is that of agriculture. A huge number of farmers voted against the
Lisbon treaty in the last referendum and the IFA must bear some responsibility in this regard. At a protest
march it held not too far from Leinster House, it stated it would recommend a “No” vote unless the
Government did what it was asked. Many people left Dublin and went back to places like Tipperary,
having decided to take it out on the Government by voting “No”, which they did. I believe the
Government has a responsibility to point out what is happening.
However, matters were not helped today when the Minister for Agriculture, Fisheries and Food
announced the REP scheme would be stopped. I was amazed to receive a call to that effect from a
constituent this afternoon. The REP scheme is extremely valuable to many people across every county in
Ireland and Deputies Ned O’Keeffe and Connaughton spoke previously on the importance of agriculture
and rural communities. However, making such a statement within a few months of another Lisbon treaty
referendum will drive a wedge between the Government and all members of the farming community who
have become involved in a REP scheme. They associate it with Europe and perceive it to be of European
origin but today’s news was like driving a nail into that coffin. Many people in rural areas believe that
Europe has been hard on them and that directives and legislation has made their life more difficult.
Members must bring such people with them because Ireland needs Europe. I understand, just as well as
any other representative of a rural constituency, how much we have gained from Europe over the years. I
have listened to the arguments of those who assert we would be better off outside the Union or by
standing up to Europe or that we would be better off without the Lisbon treaty. They are the same people
as those who, when the referendum was first held on joining Europe, argued that Ireland should not do so.
Deputy Connaughton spoke earlier of the time when he was a member of Macra na Feirme. As a young
man, I attended a Macra na Feirme rally in Listowel. I walked through its streets and I will never forget
the number of people there who argued for a “No” vote and that we should not join Europe. Ireland was a
poor country then and we were badly off. However, the same people were putting up identical arguments
again during the last referendum and will be arguing against the treaty when it comes before the people in
the next few months.
I wish to make two suggestions to the Minister. The unemployed people who can be found in every town,
village and county across this country should be given an explanation of how they would be better off,
were we in Europe, as well as of the consequences were we to be left behind, because that is what is
happening. The second group of real concern are those people associated with agriculture and who are
involved in the farming industry. Whatever happens [840]between now and October 2, there should be no
further clangers, such as the one made this afternoon. All Members will work and will do what they can.
While they will canvass and campaign, and I am giving a commitment in the House this evening that I
will do more canvassing than ever, I ask the Government to give Members a hand in respect of those
issues.
Deputy John Perry: I compliment Deputy Tom Hayes on the important points he has just made. The
Minister will have taken on board the point that the reactions from the farming, business and other sectors
are very important. I compliment the Minister on the White Paper, which is a highly readable document
and welcome this opportunity to debate the Bill. If approved, the Bill will allow Ireland to ratify the
Lisbon treaty. It is therefore of vital importance in defining Ireland’s future in the European Union and
the economic and social future of this country. I will be wholeheartedly supporting the treaty and will
urge the people of my constituency to agree to ratify it in the referendum to be held on 2 October.
When Ireland joined the EEC in 1973 there were nine member state. Now that the Union has expanded to
27, common sense dictates that a larger organisation, like any business, must revise its rules to advance
the common good and streamlining the decisionmaking process of the EU institutions will make them
more effective, efficient and flexible. In our capacities as the chairs of the Oireachtas joint committees
pertaining to European matters, Deputy Durkan and I visited Stockholm last weekend. On visiting the
Parliament there, we encountered great expectation and determination and there will be bitter
disappointment unless this measure is ratified for the benefit of the entire Union.
The Irish people have a unique chance in the referendum on 2 October to give their verdict on the
proposed modernisation of the EU institutions as set out in the Lisbon Treaty. The treaty offers the best
deal for Ireland and for Europe. The treaty represents the best balance of interest between cooperating
with other EU member states and the protection of our national interests. These national interests have
been further protected on foot of the European Council decision of 19 June, on which I compliment the
Minister, which put beyond any doubt that the Lisbon treaty will not affect in any way Ireland’s taxation
policy, which is critically important, our traditional policy of military neutrality and our constitutional
provisions in respect of the right life, education and family. There is also agreement that Ireland will
retain its Commissioner if the treaty is ratified, which is highly important.
However, it is not simply for these reasons that I consider the treaty to be good for Ireland and for
Europe. The Lisbon treaty goes further than any other treaty in enhancing the democratic accountability
and legitimacy of the European Union. I refer in particular to its new title on democratic provisions,
which for the first time will give national parliaments, including the Oireachtas, a formal standing within
the European Union’s institutional architecture. A point that was not sold the last time was that of the role
of Dáil and Seanad Éireann and the enhanced powers were not explained effectively. This issue is dealt
with well in chapters 2 and 4 of the White Paper.
As part of the overall package, the Lisbon treaty seeks to involve national Parliaments more closely in EU
policy making. The treaty aims to encourage the involvement of Dáil Éireann and Seanad Éireann as a
means to ensure that decisions are taken as closely as possible to the citizens of Ireland and the Union.
According to Article 5, national Parliaments will become the guardians of the principle of subsidiarity,
dealt with in chapters 2 and 4 of Annexe A. Subsidiarity ensures the EU only acts within the limits of the
powers conferred on it by the member states. All draft EU laws will have to be forwarded to Dáil Éireann
for scrutiny. Eight [841]weeks will have to pass before draft laws can be put on the agenda and a further
ten days must elapse before a position can be taken.
I refer to holding the Government to account. Under a yellow and orange card mechanism, Dáil Éireann
can oblige the European Commission to rethink a draft legislative proposal. The proposal can even be
defeated if the Council of Ministers or the European Parliament support the opinion of a majority of the
national parliaments.
The Joint Committee on European Scrutiny published a report in May 2008 on the new provisions of the
Lisbon treaty enhancing the role of national Parliaments, which was debated in this House in June 2008.
In this report, the committee strongly supports the Lisbon treaty provisions that would enhance the role of
Dáil Éireann in the EU political process. The committee noted that the proposals have been supported by
the European Parliament. The committee strongly recommends that significant reforms are made to Dáil
and Seanad procedures to ensure regular consideration of EU matters in plenary session. The Ceann
Comhairle has also examined this matter. As an important start, we recommend that the Dáil and Seanad
should allocate at least one day a month to consider EU business.
If the treaty is approved by the people, which I hope it is, the Oireachtas will have to decide how to
implement these important democratic provisions. The Joint Committee on European Scrutiny has
already built up much knowledge and expertise in the area of checking that draft EU laws respect the
principle of subsidiarity. I envisage this committee having a role in implementing the new powers given
to the Oireachtas under the Lisbon treaty. The treaty will also enable national parliaments, including the
Oireachtas, to take part in any future treaty revisions. If the proposed amendment to the treaties involves a
change from unanimous decision making to qualified majority voting or codecision, any individual
parliament has the right to veto the proposal. This is an important debate. We cannot get it wrong on this
occasion. There is an obligation on all parliamentarians to canvass so that this referendum is passed.
Deputy Niall Collins: I wish to share time with Deputy Finian McGrath.
Deputy Niall Collins: I am grateful for the opportunity to contribute to a discussion on the future of
this country. The forthcoming referendum on the Lisbon treaty represents a significant crossroads for our
society and our country as a member state of the European Union. It is clear to those who live here and
visit that we have derived many benefits since our membership of the EU began. One can travel to any
part of the country for physical examples such as road and other infrastructural projects and read the
information boards that demonstrate the contribution membership of the EU has made to these projects.
The business and farming sectors have benefitted greatly over the years. Membership is imperative from
that point of view.
Last week the Commissioner for Employment, Social Affairs and Equal Opportunities, Vladimír Spidla,
visited the midwest, where an application to the globalisation fund by the Government is under
consideration by the European Commission. A significant amount of funding will be made available to
those in the midwest arising from the many job losses we have experienced over the years.
Members of the farming community will be honest in saying that membership of the EU has benefitted
them. There is a downside but the benefits have outweighed it. We have an issue with regulation and red
tape but having a diminished influence on the EU will not help the cause of rectifying that issue. In the
constituency of Limerick West, approximately 18,000 [842]people voted in favour while 21,000 people
voted “No”. The margin was 3,000 people and I, along with my Oireachtas colleagues, will be making a
determined effort to deliver a majority “Yes” vote on this occasion. It is important to point out to those
who had doubts on the last occasion that issues such as taxation, the Commissioner, social issues such as
abortion and religion, common defence and Irish neutrality have been copperfastened and protected. A
number of people who I spoke to have greater confidence since the Minister for Foreign Affairs, Deputy
Micheál Martin, and the Taoiseach returned with the declarations on legal undertakings. They are moving
towards the “Yes” side of the campaign.
We must take on board the lessons learned from the last campaign. There is an onus on all political
parties to engage fully. We did this to some degree last time and the criticism of political parties that
advocated a “Yes” vote on the last occasion was not all fair. Fianna Fáil organised a number of public
meetings in my constituency. In one case I sent out 4,000 communications to members of the public
inviting them to an information session on the Lisbon treaty but only 80 people showed up. It is difficult
to engage the public on this matter but there is also an onus on members of the public to inform
themselves. In the fallout from the last referendum, people said they did not know what the referendum
was about and did not understand it. It is a complex issue but I must ask whether they took the time to
read the documentation supplied by the referendum commission or consulted the websites of political
parties to see how they attempted to explain the issues. There is a responsibility on members of the public
to inform themselves.
As Deputy Tom Hayes stated, there is a responsibility on organisations such as the IFA, the trade unions
and the church to play their part. In the last campaign I was campaigning outside a church, when a
number of people unknown to me appeared and distributed “No” literature with pictures of Pope Benedict
on it.
Deputy Finian McGrath: It definitely was not me.
Deputy Niall Collins: It is very important for the future of this country that the Lisbon treaty is
carried with a positive message that our place is at the heart of Europe and that we maintain our influence
in it.
Deputy Finian McGrath: I thank the Ceann Comhairle for the opportunity to speak on this very
important debate on the Lisbon treaty. All politicians should listen to the people and, at the same time, be
open to change. I voted “No” in the last referendum on the Lisbon treaty because I had serious concerns
about the lack of an Irish voice on the EU Commission, the incorporation of the European Defence
Agency into the treaties, the threat to our neutrality, tax issues, workers’ rights, the threat to the
Oireachtas and the need to build a more democratic and peaceful Europe. I set out my stall to the Irish
people and voted “No”. The vast majority of people supported that position.
I am in the middle of a detailed consultation process with my election team and supporters. I have met the
Minister for Foreign Affairs twice and I will probably meet him again. I am not happy with some of the
people involved in the “Yes” campaign, especially those who claim to be democrats but act in an arrogant
manner. However, this debate is bigger than me and I have a duty to put the interests of the Irish people
first. I will not play politics and I will do my best to make an informed decision. I always have been an
internationalist, supporting human rights across the globe and not just in the EU. During the debate I
wanted firm and legal guarantees. I also wanted a commitment to a protocol. We appear to have achieved
these objectives as there is now a package of legally binding guarantees on the table. I must examine
[843]them seriously; I cannot walk away and say “No” for the sake of saying “No”. For me, the second
treatment of the Lisbon treaty is a step in the right direction. We appear to remain in control of our own
tax rates, Ireland’s traditional policy of military neutrality seems to be guaranteed and there is a solemn
declaration making clear the importance of workers’ rights and public services. Can I ignore castiron
legal guarantees on taxation or neutrality?
In the coming weeks I will work closely with my election team and participate in the debate. I will remain
open and make up my mind on the facts. I will ignore the spin and challenge any politicians who use the
issues for personal or political gain. It was disgraceful in the last referendum when politicians used
posters to push themselves rather than to explain the issues to our people. It is time to grow up and be
straight with our citizens. The Irish electorate is sophisticated and can spot the game players. I urge
everyone to listen to the debate and then to make up their minds; do not be bullied by misinformation.
I still have major concerns about the Lisbon treaty and the activities of some people in the European
Union. However, this will not stop me making a decision in the interests of the Irish people. I have moved
from being a “No” voter to being a floating voter. I am open to the development of a more peaceful and
democratic Europe; that is my clear position. As a democrat I must be extremely respectful of the fact that
53.4% of the Irish people voted “No” the last time compared to a “Yes” vote of 46.6%, although the
turnout was 53%. All democrats in the House must seriously consider this position.
During the previous campaign I strongly supported the Peace and Neutrality Alliance, PANA. In May it
stated there would be a “Yes” vote on the Lisbon treaty if there was a legal guarantee on neutrality and
we now appear to have this. In April, it urged people to insist on a protocol and we seem to have obtained
that. It is important that we reexamine the details of the legally binding guarantee. The Lisbon treaty
does not affect or prejudice Irish traditional policy of military neutrality. It does not provide for the
creation of a European army or for conscription to any military formation. It does not affect the right of
Ireland to determine the nature and volume of its defence and security expenditure. I welcome the
Government’s proposal on the European Defence Agency and the legislation. I urge people to listen to the
debate. I call for a balanced debate in which people deal with facts and let the Irish people make up their
minds.
Deputy Andrew Doyle: I thank the Deputies for making time for me. I listened with interest to the
debate for most of the afternoon. In response to some of the points raised, the European model replaced
centuries of anything but neutrality. We had allied nations, nations behind the Iron Curtain, and nations
being as neutral as they could, such as Ireland, Holland and Belgium. Every neutral country got rolled
over by one of the axis, allied or Iron Curtain states and we had centuries of this. The reason the European
model has worked is that it was totally different; it set about bringing peace and stability, food security,
employment and a better life for the now 500 million citizens.
When we joined in 1973 it comprised nine states and there are now 27. Any organisation, company or
business that expands threefold will have to change how it does its business and operates. The voters of
this country are sophisticated but they do not want a simple message made complicated. They want what
is involved explained honestly in black and white. Since the first referendum on the Lisbon treaty was
defeated, clarity has been brought to a certain number of issues which were of concern to many people,
namely, tax, neutrality, qualified majority voting, defence, and the determination of our social and moral
policy issues.
[844]The danger is that from now on we will state we have done all that and people should vote for it. We
have to continue to engage with people. Unfortunately, the previous referendum date was announced by a
Taoiseach who was about to leave office. The way in which it was announced this time is much more
helpful and we know what we have to do. I ask all sides to pull back from political brinkmanship —
Independent Members as well as party Members — and let us engage in a true, proper and informed
campaign to convince the people honestly that this is the best road to go.
Minister for Foreign Affairs (Deputy Micheál Martin): I thank all Deputies for their contributions to
today’s debate. By and large it was constructive and I will endeavour to respond to a number of issues
that Members raised. To cut to the chase, Deputy Ó Snodaigh raised a number of points that need to be
dealt with quickly. He put forward the idea that we had negotiated a behind the scenes deal which would
mean having a commissioner for only five years. In response to Irish concerns about the Commission, it
is now agreed by the European Council of Ministers that each member state will continue to have the
right to nominate a commissioner. This will be a permanent arrangement and the formal decision on it
will be taken after the Lisbon treaty enters into force. If the Lisbon treaty is not ratified the Commission
to be appointed in November 2009 will need to have fewer than 27 members; not all countries can be
represented if we stick to the Nice treaty rules. The only way in which we can be guaranteed to keep our
commissioner is to ratify the Lisbon treaty and let us have no ifs or buts about that.
Deputy Arthur Morgan: There is no guarantee.
Deputy Micheál Martin: If one votes “No” this time we will lose our commissioner. I will quote
from the Council’s conclusions which state:
Having carefully noted the concerns of the Irish people as set out by the Taoiseach, the European
Council, at its meeting of 1112 December 2008, agreed that, provided the Treaty of Lisbon enters into
force, a decision would be taken, in accordance with the necessary legal procedures, to the effect that the
Commission shall continue to include one national of each Member State.
Nothing could be clearer than that and Deputy Ó Snodaigh should not raise false hares on this issue.
Deputy Ó Snodaigh also contends that the Government will put the very same treaty before the people for
a second time. The package to be put to the people this year will be different from last year; it will
involve the retention of an Irish commissioner, which is a fundamental difference. We should recall that
every poster on the lamp posts last time called for a “No” vote to keep the commissioner.
Deputy Arthur Morgan: Last time the Minister told us we could not do so.
Deputy Micheál Martin: We have negotiated and now we can.
Deputy Arthur Morgan: So the Minister was wrong.
Deputy Micheál Martin: That is a product of the campaign and I acknowledge it.
Deputy Aengus Ó Snodaigh: The Minister should have negotiated harder.
[845]Deputy Micheál Martin: The bottom line is that it would be honest of Deputy Ó Snodaigh to
acknowledge it.
Deputy Arthur Morgan: We acknowledge the wisdom of the people to reject it so the Minister could
achieve having a commissioner.
Deputy Micheál Martin: A “Yes” vote will enable us and every other member state to retain a
commissioner.
The package we are putting forward will also include legally binding guarantees on ethical issues,
taxation and our traditional policy of military neutrality. Those who were concerned about those issues
last year can be completely reassured by the guarantees we have secured. The commitments and legal
guarantees are clear and unambiguous. To ensure that these legal guarantees have full European Union
treaty status our European Union partners have agreed that they will be incorporated into a protocol to the
European Union treaties at the time of the next EU accession treaty which will most likely be 2010 or
2011. That was not on the table on the previous occasion and it is a significant additional element to the
package we are putting before the people.
With regard to amendments to Article 48 of the Treaty on European Union, TEU, which according to
Deputy Ó Snodaigh will allow for changes to be made to the treaties without recourse to a full democratic
process of negotiation, that is not true. Article 48 of the TEU as amended by the treaty of Lisbon provides
that any future move to confer additional powers on the EU or to alter the provisions of the treaties will
continue to require an intergovernmental conference and this is known as the ordinary revision procedure.
A proposal to amend the European Union internal policies in a way that does not increase the Union’s
competencies would not require an intergovernmental conference and this procedure is referred to as a
simplified revision procedure. Any such decision would still have to be ratified in accordance with the
constitutional requirements of each member state. In Ireland, this means that advice will be sought from
the Attorney General on each occasion as to whether a referendum is required.
The Lisbon treaty also contains another simplified revision procedure. This provides that the European
Council, acting unanimously, can decide that a policy should in future be decided by qualified majority
voting rather than unanimity. Any such decision can be vetoed by any government or any national
parliament. This procedure cannot be used with respect to security and defence matters. The procedure is
intended for cases where all member states and all parliaments are of the opinion that a certain issue can
be decided by qualified majority voting. The need for complete unanimity means that this procedure will,
probably, be rarely used. It is key that even in these limited circumstances, nothing can be done without
all governments and parliaments being in agreement.
I agree with the point made by Deputy Ned O’Keeffe with regard to schools and the ongoing need to
provide information to the generation to come. As part of the communicating Europe initiative, we have
provided funding for a number of schoolbased projects and for curriculum development activities. In
particular, we are working with the Department of Education and Science and the NCCA in terms of the
European content of the SPHE curriculum. Our website, eumatters.ie, will be a valuable resource for
teachers and students looking for accessible information on Europe. We will also forward copies of the
White Paper to all primary and secondary schools in September for their libraries as a resource for
children doing projects on Europe and so on. The websites on both the Lisbon treaty and EU matters will
provide a comprehensive resource for our teachers and schools on the European Union generally.
[846]I appreciate the comments made by Deputy Finian McGrath. He made an interesting contribution
this evening in so far as he voted “No” on the last occasion. He has indicated that he has an open mind on
this occasion. I have had two meetings with him and he acknowledged then that substantial change had
occurred in terms of the legal guarantees. He was particularly impressed with the guarantees with regard
to the traditional policy on military neutrality and the defence issues, about which he and his team had
concerns. He has indicated that he wishes to meet me again and I will respond positively. That is
important.
Deputy Billy Timmins: If Deputy McGrath is happy, we are all happy.
Deputy Joe Costello: He is on the road to Damascus.
Deputy Micheál Martin: It is important we engage with people who voted “No” the last time. It is
important we acknowledge the points raised by those who voted “No”. The guarantees we have secured
do that in a comprehensive way. We must reach out to and engage with people to make progress on the
big picture. The big picture is the economic situation.
People may not realise it, but the Lisbon treaty is the outcome of almost ten years discussion. As the
Minister of State, Deputy Roche, said today, no work has ever been more painstakingly gone through
than all of the preparatory work that went into the Lisbon treaty. Deputies will recall it was born out of a
declaration on the future of the European Union agreed with the then 15 member states back in 2000.
They declared an enlarged Union would need better institutions and structures, would need to come closer
to its citizens and be more responsive to their needs and expectations.
This early proposal was followed by a convention, which was a major innovation. The convention
included not just representatives of the member state governments, but also national parliamentarians and
representatives of the European Commission and European Parliament. Their draft treaty was then the
focus of an Intergovernmental Conference in 2003 and, after a period of reflection, a second one in 2007.
The outcome of each step in the process was made public. Therefore, the treaty is not the property of men
in grey suits hiding in smokefilled rooms. It is the creation of people like us and our counterparts across
the Continent. In other words, it was parliamentarians from all across Europe who created the Lisbon
treaty. It was created by parliamentarians and public representatives of all political colours doing what
they do best, searching for agreement on matters of common concern that will serve the interests of the
people they represent.
I say all this because there are people outside this House who try to dismiss the entire European Union
reform process as an autocratic power grab. They ignore the evidence of 50 years of European solidarity
and burdensharing and try to pass it all off as part of an elaborate conspiracy theory. Can anyone really
imagine that we would have spent the last ten years doing anything other than seeking to serve the best
interests of our electorate? Can it be seriously believed that elected politicians would conspire to hand
over authority to unelected bureaucrats, as some eurosceptics claim? Where is the evidence that the big
member states have done a smash and grab job at the expense of smaller states like Ireland? If the Union
is such a bad deal, where did the agricultural subsidies and structural funds come from?
Today, we have spent time discussing voting rights, qualified majority voting, double majority voting, co
decisions, the ordinary legislative procedure and the passerelle clause. It is true we need to look at these
closely and, no doubt, we will need to spend time over the coming months explaining them to voters.
However, let us not lose sight of reality. The reality is that the Union [847]works best when it operates by
consensus. Issues seldom go to a vote, and if they do, it is often a sign of poor chairmanship more than
anything else. Indeed, for all the talk about losing the veto, we have only ever used it once and that was in
the 1980s.
The European Union is, fundamentally, a democratic organisation, and let noone say otherwise. The
Lisbon treaty makes a democratic organisation even more democratic. As we have heard today, it gives
more to us as national parliamentarians elected by the people. Our colleagues in the European Parliament
are given a greater role too. The citizens, the people who elect us, will benefit from a new citizens
initiative which will allow them to petition the institutions in Brussels, Luxembourg and Strasbourg on
the issues that matter most to them. Citizens would also be given greater rights of access to the European
Court of Justice.
What is so objectionable about giving power to the people and about bringing the institutions and
decisionmaking process closer to the people we serve? The Lisbon treaty is based on equality between
the member states. I know that because the treaty itself says so. It also sets out the Union’s aims and
values in a very clear manner. These include, respect for human dignity, freedom, democracy, the rule of
law and respect for human rights. This is what the treaty says. Who can reasonably object to these aims?
Is there anyone in this House who is ready to present himself or herself as the voice for opponents of
dignity, freedom or democracy in the forthcoming campaign? Who will climb lampposts across the
country to put up posters for the antihuman rights lobby?
The Union’s aims are, according to the treaty, to “promote peace, its values and the wellbeing of its
peoples”. When voters are told that the European Union is a neoliberal conspiracy, where is the evidence
for that? The treaty states otherwise. It talks about a social market economy, full employment and social
progress, combating social exclusion and social justice. Those who rattle on about the European Union’s
neoliberal agenda should read the treaty, where they will discover a very different Union from the one
their pet conspiracy theory conjures up.
It will be the responsibility of every Deputy in the House to ensure that the provisions in the Charter of
Fundamental Rights on collective bargaining, protection in the event of unjustified dismissal, the right to
fair and just working conditions, parental leave and rights on social security and assistance are not
airbrushed out of this campaign. The charter will be given legal status by the treaty. Over the next few
months, we should not let the eurosceptics prevent us from getting the message across about the
horizontal social clause in the treaty. For the first time ever, the Union will be obliged to consider the
social consequences of decisions when making policy. If the treaty is ratified, the Union’s aims will
include full employment and social progress.
The European Union is a force for good at home and abroad. It is the world’s largest aid donor to the
developing world, with the Commission and member states combined giving assistance worth €49 billion.
The creation of a new post, the High Representative for Foreign Affairs and Security Policy, would
improve the Union’s capacity to carry out its international responsibilities. This extends to the Union’s
peace support role. Indeed, Deputies will have noted the tribute paid by the United Nations Secretary
General, Ban KiMoon, who hailed the European Union yesterday as one of the UN’s most important
partners. The European Union can also play a major role in global challenges such as climate change and
the energy crisis. The Lisbon treaty gives us the tools we need to deliver on these issues.
This is a crucial time in the country’s history for the next generation. We need to pass the Lisbon treaty to
open up the possibilities it provides for new initiatives that will encourage the participation of young
people in the democratic life of Europe. If we are to successfully address [848]climate change, the energy
crisis and the global recession, we need the talents of all, young and old, on board. Lisbon is the vehicle
which can bring us all together more effectively and that can open up new horizons and new opportunities
across the Continent.
10 o’clock
I would like to comment on the issue of the German Constitutional Court judgment, which was raised
today. It confirms what the Government has been saying about the Lisbon treaty. The German
Constitutional Court states that the Lisbon treaty does not create an EU superstate, that the member
states remain sovereign and are the masters of the European Union, that the European Union can only
operate on the basis of the competences conferred on it by the member states and that member states
retain control of areas such as tax and defence. The German court was completely satisfied that the treaty
of Lisbon was fully in accordance with the German basic law.
The German court went on to say that domestic legislation would be required in advance of ratification of
the treaty. It was anxious to ensure that the German Parliament exercises control over matters such as the
use of the passerelle clause, enhanced cooperation and justice and home affairs, the very issues covered
by subsections 7° and 8° of the Bill before the House today.
I appreciate the Chair’s forbearance and tolerance and thank all Members for their contributions. The
European Defence Agency Bill will be published shortly. The heads have gone to Government and it will
be available well in advance of the date of the referendum.
On the workers’ rights issue, in terms of the Laval and other judgments, it is important to note that these
judgments are case and country specific. They could not arise in Ireland because we have a strong body
of employment rights legislation, the national minium wage, registered employment agreements and
employment regulation orders, all of which protect the rights of Irish workers. This is why the Laval
judgment could not have happened in Ireland, so let us not spread confusion about this.
I appreciate all of the contributions that have been made. To conclude, ratification of the Lisbon treaty
will strengthen Ireland’s position within the Union and will be a significant factor in contributing to Irish
economic recovery.
An Ceann Comhairle: As it is now 10 p.m. I am obliged to put the following question in accordance
with an order of the Dáil of this day: “Go léifear an Bille an Dara hUair anois.”“That the Bill be now read
a Second Time.”
Cuireadh an cheist.
Question put.
Deputies: Votáil.
An LeasCheann Comhairle: Will the Deputies claiming a division please rise?
Deputies Martin Ferris, Arthur Morgan, Coimhghín Ó Caoláin, Aengus Ó Snodaigh and Maureen
O’Sullivan rose.
An LeasCheann Comhairle: As fewer than ten Deputies have risen I declare the question carried. In
accordance with Standing Order 68, the names of the Deputies dissenting will be recorded in the Journal
of the Proceedings of the Dáil.
Faisnéiseadh go rabhtas tar éis glacadh leis an gceist.
Question declared carried.

Vol. 687 No. 4
Page of 344
An LeasCheann Comhairle: I wish to deal with a procedural matter. The substance of the debate on
Committee Stage relates to the wording of the proposed constitutional amendment which is contained in
the Schedule. In accordance with longstanding practice on Bills to amend the Constitution, consideration
of the sections is postponed until consideration of the Schedule has been completed as the sections are
merely technical and the main object of the legislation is contained in the Schedule. Is that agreed?
Agreed.
I ask Deputies who are not involved in the debate to either clear the lobbies or take a seat.
AN SCEIDEAL.
SCHEDULE.
Minister for Foreign Affairs (Deputy Micheál Martin): Tairgim leasú a a1:
I leathanach 9, línte 10 agus 11, “ar acquis Schengen arna chomhtháthú isteach” a scriosadh agus “maidir
le acquis Schengen arna lánpháirtiú” a chur isteach.
I move amendment No. a1:
In page 8, lines 10 and 11, to delete “ar acquis Schengen arna chomhtháthú isteach” and insert “maidir le
acquis Schengen arna lánpháirtiú”.
I wish to make a general comment on the amendments for the benefit of the House. I outlined on Second
Stage the drafting approach we took in respect of the Bill and I do not propose to trespass any further on
the time of the House by repeating myself. In any case the explanatory memorandum which I have
circulated gives a clear section by section overview of our approach. However, I seek the approval of the
House for two housekeeping amendments recommended by the Attorney General and the Oireachtas
translators. They amount to the deletion of two superfluous “by”s contained in subsection 6° of the
Schedule and in the reference to Protocol No. 19 of the European Union Irish language consolidated
version of the treaties as amended by the treaty of Lisbon. Apart from this I trust the House will agree to
allow the Bill proceed to the next Stage. Two sets of technical amendments are proposed. The first on the
advice of the Attorney General, is to eliminate a duplication of the word “by” and the second refers to the
Irish language title of Protocol No. 19 of the Schengen acquis.
Aontaíodh an leasú.
Amendment agreed to.
Deputy Micheál Martin: Tairgim leasú a 1:
I leathanach 11, líne 14, “by” a scriosadh.
I move amendment No. 1:
In page 10, line 14, to delete “by”.
Amendment agreed to.
[850]Deputy Micheál Martin: Tairgim leasú a 2:
I leathanach 11, líne 17, “by” a scriosadh.
I move amendment No. 2:
In page 10, line 17, to delete “by”.
Amendment agreed to
Aontaíodh an Sceideal mar a leasaíodh.
Schedule, as amended, agreed to.
Aontaíodh ailt 1 agus 2.
Sections 1 and 2 agreed to.
Aontaíodh an Réamhrá.
Preamble agreed to.
Aontaíodh an Teideal.
Title agreed to.
Tuairiscíodh an Bille le leasuithe agus glacadh é chun an breithniú deiridh a dhéanamh air.
Bill reported with amendments and received for final consideration.
Cuireadh an cheist: “Go rithfear an Bille anois.”
Question put: “That the Bill do now pass.”
Deputies: Vótáil.
An Ceann Comhairle: Will Deputies claiming a division please rise?
Deputies Caoimhghín Ó Caoláin, Aengus Ó Snodaigh, Arthur Morgan, Martin Ferris and Maureen
O’Sullivan rose.
An Ceann Comhairle: As fewer than ten Members have risen I declare the question carried. In
accordance with Standing Order 70, the names of the Deputies dissenting will be recorded in the Journal
of the Proceedings of the Dáil.
Faisnéiseadh go rabhthas tar éis glacadh leis an gceist
Question declared carried.
Vol. 687 No. 4
Page of 344
Minister for Foreign Affairs (Deputy Micheál Martin): Tairgim:
I move:
THAT the statement set out in the Schedule to this Resolution be prescribed for the information of voters
pursuant to section 23 of the Referendum Act 1994 (No. 12 of 1994), in relation to the proposal to amend
Article 29 of the Constitution which is contained in the TwentyEighth Amendment of the Constitution
(Treaty of Lisbon) Bill 2009, and is the subject of a constitutional referendum.
Schedule
Treaty of Lisbon Referendum
The Treaty of Lisbon will effect certain changes to the functioning of the European Union. In Ireland the
Treaty of Lisbon can only be ratified if an amendment of the Constitution is approved by referendum.
You will be asked whether or not you approve of the TwentyEighth Amendment of the Constitution
(Treaty of Lisbon) Bill 2009 which proposes to amend and update the provisions of the Constitution
relating to Ireland’s membership of the European Union. The proposed amendment would—
(a) affirm Ireland’s commitment to the European Union,
(b) enable Ireland to ratify the Treaty of Lisbon and to be a member of the European Union established by
that Treaty,
(c) update the provisions of the Constitution that will ensure legal compatibility between Irish law and the
law of the European Union,
(d) allow Ireland to agree to certain measures under the treaties being amended by the Treaty of Lisbon,
subject to prior approval of both Houses of the Oireachtas, and
(e) restate the prohibition on Ireland joining any European Union common defence arrangement,
and for ease of reference the proposed amendment is set out hereunder.
The TwentyEighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009 proposes
(a) to insert the following subsections in section 4 of Article 29 of the Constitution:
‘4o Ireland affirms its commitment to the European Union within which the member states of that Union
work together to promote peace, shared values and the wellbeing of their peoples.
5° The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty
establishing the European Community, signed at Lisbon on the 13th day of December 2007 (“Treaty of
Lisbon”), and may be a member of the European Union established by virtue of that Treaty.
6° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the
State, before, on or after the entry into force of the Treaty of Lisbon, that [854]are necessitated by the
obligations of membership of the European Union referred to in subsection 5° of this section or of the
European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by—
(i) the said European Union or the European Atomic Energy Community, or institutions thereof,
(ii) the European Communities or European Union existing immediately before the entry into force of the
Treaty of Lisbon, or institutions thereof, or
(iii) bodies competent under the treaties referred to in this section,
from having the force of law in the State.
7° The State may exercise the options or discretions—
(i) to which Article 20 of the Treaty on European Union relating to enhanced cooperation applies,
(ii) under Protocol No. 19 on the Schengen acquis integrated into the framework of the European Union
annexed to that treaty and to the Treaty on the Functioning of the European Union (formerly known as
the Treaty establishing the European Community), and
(iii) under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of
freedom, security and justice, so annexed, including the option that the said Protocol No. 21 shall, in
whole or in part, cease to apply to the State,
but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
8° The State may agree to the decisions, regulations or other acts—
(i) under the Treaty on European Union and the Treaty on the Functioning of the European Union
authorising the Council of the European Union to act other than by unanimity,
(ii) under those treaties authorising the adoption of the ordinary legislative procedure, and
(iii) under subparagraph (d) of Article 82.2, the third subparagraph of Article 83.1 and paragraphs 1
and 4 of Article 86 of the Treaty on the Functioning of the European Union, relating to the area of
freedom, security and justice,
but the agreement to any such decision, regulation or act shall be subject to the prior approval of both
Houses of the Oireachtas.
9° The State shall not adopt a decision taken by the European Council to establish a common defence
pursuant to Article 42 of the Treaty on European Union where that common defence would include the
State.’,
(b) to delete the following text from the first sentence of subsection 3° of section 4 of Article 29 of the
Constitution:
‘the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April,
1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of
March, 1957) and’,
(c) to delete the second sentence of the said subsection 3°, and
(d) to delete subsections 4°, 5°, 6°, 7°, 8°, 9°, 10° and 11° of section 4 of Article 29 of the Constitution.
IF YOU APPROVE of the proposal, mark X opposite the word YES on the ballot paper.
IF YOU DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.
A copy of the Bill can be inspected or obtained free of charge at any Post Office.”
Faisnéiseadh go rabhthas tar éis glacadh leis an gceist
Question put and declared carried.
Revisions to the Irish Constitution – Lisbon Treaty ... Treaty referred to in

subsection 5° of this section and ... or of the European Atomic Energy Community,
http://www.statewatch.org/news/2009/jul/lisbonirishconstitution.pdf
Bill for an amendment to the Irish Constitution (2009)
... Treaty of Lisbon, that are necessitated by the obligations of membership of the
EuropeanUnion referred to in subsection 5 ... Union or the European Atomic Energy
https://www.cvce.eu/content/publication/2013/10/22/e8f3d6d3a09e40f8bc17
e9b46440c77a/publishable_en.pdf
House of the Oireachtas – Documents –Text of the Twentyeight Amendment of the Constitution – Bill
2009. TWENTYEIGHTH AMENDMENT OF THE CONSTITUTION (TREATY OF LISBON) BILL
2009
http://www.oireachtas.ie/documents/bills28/bills/2009/4909/B4909D.english.pdf
Caption: After the Irish ‘no’ vote in the referendum held in June 2008, a new referendum is scheduled
for 2 October 2009. On 8 July 2009, in order to ratify the Treaty of Lisbon, the Irish Government
introduces a bill for the 28th amendment to the Constitution.
Source: House of the Oireachtas – Documents –Text of the Twentyeight Amendment of the Constitution
– Bill 2009. [ONLINE]. [Dublin]: Office of the Houses of the Oireachtas, [01.10.2013]. Number 49 of
2009, 12 p. http://www.oireachtas.ie/documents/bills28/bills/2009/4909/B4909D.english.pdf.
Copyright: (c) Houses of the Oireachtas
URL:
http://www.cvce.eu/obj/bill_for_an_amendment_to_the_irish_constitution_2009ene8f3d6d3a09e40f8
bc17 e9b46440c77a.html
Publication date: 19/12/2013
Why Ireland rejected the Lisbon Treaty the ... of the European Union referred to in
subsection 5of this section or of the European Atomic Energy Community,
European Constitution for just one second. Let's have a look at our own
constitution. Which provision in our constitution ensures our right to refuse
compliance with a European law? Let's look at the 28th Amendment, Article 29.4.6
which was voted on at the same time as the Lisbon Treaty.
6. No provision of this Constitution invalidates laws enacted, acts done or measures

adopted by the State, before, on or after the entry into force of the Treaty of
Lisbon, that are necessitated by the obligations of membership of the European
Union referred to in subsection 5 of this section or of the European Atomic Energy
Community, or prevents laws enacted, acts done or measures adopted by—
i. the said European Union or the European Atomic Energy Community, or by

institutions thereof,
ii. the European Communities or European Union existing immediately before the
entry into force of the Treaty of Lisbon, or by institutions thereof, or
iii. bodies competent under the treaties referred to in this section,
from having the force of law in the State.
So here we see that there are actually no provisions in our constitution that
guarantee our right as a sovereign nation to make our own laws. This is quite
contrary to the "Yes" side that claim we will retain sovereignty in matters of law.
The EU now has the constitutional right to implement any law they wish.
from the constitution before the treaty of lisbon
Quote:
10° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State
which are necessitated by the obligations of membership of the European Union or of the Communities, or
prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or
by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from
having the force of law in the State.
source: http://www.constitution.ie/reports/C...nofIreland.pdf
someone should update the constitutions website...

Again, false. The EU is governed by Treaties. These set out the specific areas it can
operate in. All other areas belong to the member states. If the EU acts in these
areas, it is acting ultra vires.
Indeed, if you did some research, you'd see that the EU's laws are passed by the
MEPs (almost always) and/or the member states. Your claim makes about as much
sense as saying that the Oireachtas can pass laws without having TDs and Senators
involved in the process.
There is no such provision. There is not much point in being a member of an organization if you are going
to refuse to accept its rules and procedures. And, lest you forget, the people voted in favour of this back in
1972 in the referendum on membership of the then European Communities.
Now we get to the heart of the matter. There is nothing in our constitution which
guarantees our right to sovereignty as a member of the EU. In fact, article Article
29.10 expressly states that our constitution is essentially worthless when it come to
EU law.
The ban on capital punishment will not stand if the EU passes a law to allow it.
Conscription is now possible. The implications of Article 29.10 are mind-boggling.
Our constitution isn't worth the paper it was written on.
I really don't care what people voted on in 1972. They were probably as well
informed as we were about the Amsterdam Treaty back in 1998.
The Yes campaign ensured us that our military would not be forced into service by
the EU as provided by our constitution. Well, we've established that the constitution
is now worthless.
Again, false. The EU is governed by Treaties. These set out the specific areas it can operate in. All other
areas belong to the member states. If the EU acts in these areas, it is acting ultra vires.
I have no idea what safeguards other European nations have to protect sovereignty
rights but our own safeguards have been rendered null and void. How do we know
our troops won't be conscripted into the EU army? How do we know we won't be
burdened by EU taxes? Oh, they gave us their word.
Indeed, if you did some research, you'd see that the EU's laws are passed by the MEPs (almost always)
and/or the member states. Your claim makes about as much sense as saying that the Oireachtas can pass
laws without having TDs and Senators involved in the process.
Yes, yes. Our government can't pass laws without involving corrupt TDs and
Senators. Haven't you been following the tribunals at all? Even our former
Taoiseach Bertie was involved in illegal activity. Tell me I'm wrong.
So what makes MEPs any different? Are they so incorruptible? Let's not forget our
own Charlie McCreevy is an MEP
. Treaty of Lisbon, that are necessitated by the obligations of membership of the
EuropeanUnion referred to in subsection 5 ... Union or the European Atomic Energy
http://www.oireachtas.ie/documents/bills28/bills/2009/4909/B4909D.english.pdf
Constitutional Exclusion Clauses, Article 29.4.6.
the constitutional reception of European ... the European Union referred to in
subsection 5 of this section or of the European Atomic Energy Community,
European Union, Launch and opening ceremony PESCO
(Permanent Structured Cooperation)
Dec 14, 2017
Ceremony for the launch of the Permanent Structured Cooperation (PESCO), with a statement by Donald
TUSK, President of the European Council, and General Riho TERRAS, Chief of Defence of Estonia,
followed by a family photo, at the European Council, taking place on 14 November 2017, in Brussels. EU
heads of state or government meet on 14 December 2017 in Brussels to address defence matters. The
European Council is also adopting conclusions on social issues, education and culture, building on the
discussions held in Gothenburg during the Social Summit and the Leaders' Agenda debate on culture and
education. In the light of events, leaders may address specific foreign policy issues. As part of the
Leaders' Agenda, the heads of state or government are holding a debate on the way forward on migration
policy, including both the internal and external dimensions.
https://www.youtube.com/watch?v=Yu45ZX_qW6g
Varadkar to commit Ireland to join PESCO (EU Army)
Dec 6, 2017
The final nail in the coffin for Irish neutrality. Taoiseach Leo Varadkar is questioned by Independent TD
Mick Wallace about his desire (and Fianna Fail's!) for Ireland to join PESCO. This is being rushed
through the Dail with little or no debate and almost no discussion in the Irish media! For more
information about PESCO, see this video: https://www.youtube.com/watch?v=R375c...
Wallace is absolutely right , soldiers children going to food banks ,no eu army no eu tax, if
so no varadkar,so much for Martin and Adam s I if this happens the people of Ireland must
be consulted ,your stelth didn't work with Arlene what makes you think that the Irish people
are dumber than her,
seems like Varadkar has been taking political lessons from the EU and implementing policy
by stealth without consulting the public
Bolshevik USSR tyranny returns, this time under guise of EU, they bring in unlimited
migrants, increased false flag terrorism, pesco will be their solution to problem they created
As warned by Farage. Instead of a referendum on abortion we should have a referendum
to have neutrality in our constitution. Suppose the Eu army would be useful to quell
domestic unrest.
You cannot even feed your own army ,north korean soldiers are better fed, ,,,,The only
people ever to have defended this country north and south were Sinn Fein while most of
the dail cowards criticised them from under their beds,your still won't you want the eu to do
it ,,cop on varadkar or walk
Remember ! Irish people, Russia was the first country to recognise Ireland as a NATION,
this gave us Legitimacy with the League of Nations which was the forerunner for the UN.
WE were told even after the 2nd vote for the Lisbon Treaty that Ireland would never be
forced to become part of a Pan European Federalist Military. The whole world seems to be
polarising and as usual the lower classes of both sides will be radicalised to see everybody
who doesn't think like them as an enemy, so by default the people in the middle get
slaughtered, if your just a Liberal you have both Far Left Communists saying " Liberals get
the bullet too" and Far Right saying "we have to get rid of the Liberals so we can deport
Immigrants and Brown people. To be honest I know the Internet has brought a lot people
together but it has become a Swamp of Misinformation and PROPAGANDA for All sides
involved, I have a feeling this whole Shit show is a massive distraction for something else.
I'm absolutely disgusted we've agreed to sign up for this nonsense. How on earth is this for
the benefit of Irish people? I've really grown to hate Leo varadkar and fine geal in general
between this shit, water charges and the weak stance they took with Europe. I really hope
in the next general election that we vote these European puppets out and vote in people
who have the interest of Ireland and Ireland alone and not be a lap dog for Europe anymore
Varad car crash. That's where we are heading with our continued support of the EU Mafia.
This is seriously troubling and if it wasn't for YouTube and the channel sending me this I
wouldn't know anything about it. It is not in any of the Irish papers today, and after reading
one (the Independant) and scanning others I see that they are too busy demonizing
Brexiteers and presenting that Varadkar has caused FG to increase massively in popularity
too tell us about this. I was verbally attacked by a civil service troll yesterday for
commenting about the EU Superstate and Irish government involvement against us the
people, this troll continually goes on about "tin foil hats and being mad to suspect our
government of wrong doing. Any mention of us joining the EU army was sneered at by him
and his ilk. Well done Mick Wallis at least we have some TD's brave enough to speak out.
We need an election fast to get rid of Varadkar and FG.
We shud do like Denmark and reject this promptly! We should be exempt on account of our
neutrality. But then we aren't neutral the EU has ensured that
https://www.youtube.com/watch?v=CtuGBrkoLQc
PESCO and the assault on Irish neutrality

Dec 8, 2017
The Government and Fianna Fáil have bounced Ireland into the PESCO military alliance with minimal
public or parliamentary scrutiny, a decision that will be will be viewed in time as one of the most
treacherous decisions that the Dáil has ever taken
Clare, please just keep doing what you're doing!!! honestly when I see politicians fighting
for their people it makes me proud. if everyone took no notice of the scaremongering,
wouldn't politics be different. now please let me ask, as I am just a layman, if the eu
demand is to go to war, under the pesco treaty, does Ireland have to comply?
https://www.youtube.com/watch?v=zQnFVfgUp50
Say No To PESCO
Dec 6, 2017
SUBSCRIBE 135
In the midst of the ongoing controversy regarding Brexit and the fate of the Irish border, a very
significant move by the Cabinet has gone almost unnoticed. This is the decision to give the goahead for
Ireland to take part in EU plans for closer cooperation on ‘security and defence’ matters, which the
government expects the Dáil to ratify on the basis of limited information and after a disgracefully short
debate on Thursday afternoon. This plan, known as PESCO, is justified under the catchall excuse of
combating the growing threat of terrorism, and comes with the ritual assurance that this poses no threat to
our traditional and highlyregarded policy of neutrality. One of the consequences of our joining PESCO is
that we would be asked to increase spending on weapons and military affairs, requiring a leap in defence
spending from the currently planned €946 million for 2018 to an estimated €3 billion+ annually by 2020,
constituting a further abandonment of our traditional nonaggressive foreign policy. The single greatest
action that Ireland can take to combat terrorism is to withdraw the facilities of Shannon airport from the
US military for use in their wars of aggression, wars which have played a major part in increasing the
global terrorist threat in the first place. Rather than joining military structures which proclaim the efficacy
of military ‘solutions’ to complex political problems we should be using the experience of our own
history to offer solutions to such problems through dialogue and negotiation. With the everincreasing
numbers of homeless people on our streets – and unprecedented numbers of refugees seeking safety on
European shores, many forced from shattered homes as a result of Westernbacked wars and weaponry –
it is scandalous that the government plans to spend more money on militarism, further destabilising an
already impoverished and warweary world.
https://www.youtube.com/watch?v=dNHycdRCB6A
If we ain't feeding billions into the military, then where is the money going? Why am I and
thousands more on the street homeless? It can't be going to unemployment benefits is it's
supposed to by 4% unemployment in ROI at the moment. This country is a disgrace.
Catherine Connolly: PESCO 07.12.17
Dec 7, 2017
The Government is attempting to rush through the Dáil the most serious instrument with the most serious
implications. This is an insult to the people of Ireland. Hear Catherine's contribution to the debate on
Ireland's participation in Permanent Structured Cooperation (PESCO) in Dáil Éireann.
https://www.youtube.com/watch?v=ZwtDck4SQY
Irish Referendum Count at Cork City Hall NULL AVOID
UNCONSTITUTIONAL AND ILLEGAL TREASON
Oct 3, 2009
SUBSCRIBE 24
Video taken at Cork City hall Ireland during Irish Referendum ballot box deliveries to the central ballot
count center showing a man removing a ballot box from where they were to be stored to be ready for the
referendum count next morning
https://www.youtube.com/watch?v=t764ACqXK3M
Reuters knew Irish referendum result before the count
Jun 6, 2012
SUBSCRIBE 1.4K
How could Reuters have reported the exact result of the irish Referendum on Euro News before the count
even started ?? something stinks
https://www.youtube.com/watch?v=r3DLYJS1fFU
Maria C Cahill, University College ... credibility of the Irish constitutional order and ...
of a ‘constitutional exclusion clause’, namely Article 29.4.6, ...
Irish European Law Forum Changing Sovereignty in Europe Friday 6th December 2013
https://www.ucd.ie/t4cms/IELF%20Programme%202013.pdf
REJECTION OF THE FRUIT OF THE POISONOUS TREE
DOCTRINE IN AUSTRALIA: A RETREAT FROM
PROGRESSIVISM
http://www.austlii.edu.au/au/journals/UNDAULawRw/2011/3.pdf
Article 29.4.6 of the Constitution of Ireland provides that no provision of the ... of
the TKG 2003 was unconstitutional in so far as ... clause ’), it is the duty
http://curia.europa.eu/juris/document/document.jsf?docid=145562&doclang=en
Delegated Legislation and Article 15.2 « eParliament

Jun 13, 2011 · Delegated Legislation and Article 15.2. ... and would
be unconstitutional except for Article 29.4. ... Henry VIII clauses are invalid,
Delegated Legislation and Article 15.2
Posted by bollinsl on 14 June 2011
Paper submitted to TCD
The impact of Article 15.2 on the power of a Minister to make delegated legislation.
Leo Bollins
14 June 2011
CONTENTS
Introduction.. 3
Administrative power or legislative power?.. 5
The principles and policies test. 5
Comments on Article 15.2.. 11
Summary.. 13
Appendix 1: References. 14
Appendix 2: List of Cases. 15
Exhibit A Check List. 17
Exhibit B: Extracts from the Constitution of Ireland.. 19

Exhibit C: Extracts from the Provisional Collection of Taxes Act 1927 20
Exhibit D: Extract from the European Communities Amendment Acts 1972 –

2009 22
Exhibit E: Extract from the Programme for Government 2011.. 24
Introduction
Article 6.1 of the 1937 Constitution establishes the separation of powers principle:
“All powers of government: legislative, executive, and judicial, derive from the people…”
Article 15.2 states that only the Oireachtas can make laws for the State:
“The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other
legislative authority has power to make laws for the State.”
However, in practical terms, the legislature would not have the time to legislate for every detail. The
courts have accepted that it may be necessary to delegate certain limited legislative functions. [Kelly
2003, p 235]
The Cityview test states that the parent act must contain “principles and policies” while the delegated
legislation may only fill in the details. However, the courts have taken a pragmatic approach in practice
by not being too stringent when applying the test.
Nevertheless, the powers of a Minister to make delegated legislation are severely limited by Article 15.2
as interpreted by the courts.
The Constitution Review Group is of the opinion that the Article makes it difficult to fill in gaps left in an
Act or to deal with specific details which were not anticipated. [CRG p 39]
There are provisions for parliamentary scrutiny and annulment of statutory instruments implementing
EU law (see exhibit D).
A suggested checklist of questions to be asked when considering if a delegated legislation proposal is
valid is included in Exhibit A, and the major issues are discussed below.
Definition of delegated legislation
Delegated legislation may be defined as legislation made by a body authorised to do so by the
Oireachtas, in this case by the executive (members of the Government (Cabinet Ministers)).
The Statutory Instruments Act 1947 includes this definition:

“… the expression “statutory instrument” means an order, regulation, rule, scheme or bye-law made in
exercise of a power conferred by statute.”
Another form of delegated legislation is the set of financial resolutions proposed by the Minister for
Finance following his Budget speech and passed by the Dáil hours later. These amendments to Acts of
the Oireachtas in relation to taxation are effective for four months unless they are confirmed by an Act
of the Oireachtas.
See Exhibit C: Extracts from the Provisional Collection of Taxes Act 1927.
Administrative power or legislative power?
The first question that arises is whether the power in question is legislative power delegated or
administrative power assigned.
The former is questionable under Article 15.2, the latter is permissible constitutionally as the
Constitution does not assign administrative power to the Oireachtas.
In Re Article 26 and the Health Amendment (No. 2) Bill 2004 the Supreme Court held that power given
to the CEO of a Health Board to remit nursing home charges was not a delegation of legislative power
but merely an administrative function.
The court did not precisely define the difference between legislative and administrative powers, but
Doyle [Doyle 2008 p313 [11-08]] said that
“… the distinction surely turns on the power to lay down generally binding rules.”
In this case the CEO’s discretion covered certain cases only, and as an administrative power it would not
fall foul of Article 15.2.
The principles and policies test
The idea is that principles and policies should be dealt with by primary legislation of the Oireachtas while
details may be handled by secondary legislation.
This test is easy to state but difficult to apply.
In Cityview Press v An Comhairle Oiliúna [1980] IR 381 the Supreme Court had to consider whether
levies imposed on a designated industry were an unauthorised delegation of parliamentary power or
merely giving effect to principles and policies contained in the statute itself, that is the law is contained
in the statute and the Minister or subordinate body is only filling in the details.
The court found that there was no unauthorised delegation of authority because:
“The Act contains clear declarations of policies and aims and establishes machinery for the carrying out
of those policies and the achievement of those aims…
This is doing no more than adding the final detail bringing into operation the general law which is laid
down by the section…
In addition the Oireachtas has taken care to ensure that a levy order made under this section will
continue to be under the supervision of either house of the legislature itself…. A levy order may be
annulled by either House of the legislature.” [O’Higgins, CJ] [Doyle 2008, p314]
However, it is suggested that this test is not applied with stringent rigour. David Gwynn Morgan says
[Morgan 1997, p 239], writing about the judgment,
“And yet there is nothing here, or in the Act itself which tells us anything about the principles to be used
in fixing the amount of the levy…”
Morgan goes on to quote Professor Casey (Casey, Constitutional Law inIreland, p181):
“If provisions of such vagueness can pass muster it is not easy to imagine what would not.”
McDaid v Sheehy [1991] was a case where the High Court did find provisions of an act (Imposition of
Duties Act 1957) unconstitutional having applied the principles and policies test. However, this was
overturned on appeal on the grounds that the delegated legislation was granted retrospective validity
because it was referenced in the Finance Act 1976, and the principles and policies text should not apply.
[Doyle 2008, p314, [11-13].
The Laurentiu v Minister for Justice [1999] case was the only case where legislation (s 5(1)(e) of
the Aliens Act 1935) was struck down because it failed the principles and policies test. Keane J (with
whom Hamilton CJ concurred) found that
“The Oireachtas of Saorstát Éireann did not legislate for deportation. It merely permitted the Minister for
Justice to legislate for deportation.”
Keane J also found that the parliamentary control procedure (annulment resolution of either House)
could save an enactment which was otherwise clearly in breach of Article 15.2. [Doyle 2008, p 317, [11-
17]]
In the High Court Leontjawa v DPP and Chang [2004] Finlay Geoghean J held that the Aliens Order
1946 made under S 5(1)(h) of the Aliens Act 1935 fell foul of the principles and policies test for much
the same reasons as stated by Keane J in Laurentiu.
However on appeal this was overturned by the Supreme Court on the grounds that the policy enunciated
in 5(1)(h) was clear.

Thus it seems that the courts apply the principles and policies test in a restrictive way,
“and draw the false inference that if the primary legislation deals with some matters of policies and
principles then all the primary legislation deals with all matters of principle and policy.” [Doyle 2008, p
318, [11-23]]
Henry VIII Clauses: Non delegation & Ultra Vires doctrines
The Oireachtas cannot delegate power to amend legislation.
In East Donegal Co-operative Ltd v Attorney General [1970] the Supreme Court following on from the
presumption that all post 1937 acts are constitutional, held that where two or more interpretations of a
statutory provision are open, and where only one is constitutional, the court ought to adopt the
constitutional reading. This will limit the scope of the provision and increase the likelihood that the public
authority will have acted ultra vires. [Doyle 2008, p321]
In Cooke v Walsh [1984] the Supreme Court found that regulations made by the Minister for Health
providing that health services would not be available to persons injured in a car crash unless they can
establish that they are not entitled to compensation or damages from a third person were ultra
vires the Health Act 1970, as the legislative could not have delegated such power. [Doyle 2008, p322]
O’Higgins CJ reasoned that
“This is, in reality, an attempt to amend the two sections by ministerial regulation instead if by
appropriate legislation. In my view the National Parliament could not and did not intend to give such a
power to the Minister for Health when it enacted section 72 of the Health Act 1970.”
The effect of this case and Harvey v Minister for Social Welfare [1990] is that the Supreme Court has
outlawed the so called Henry VIII clauses. That is a Minister may not amend primary legislation by using
delegated legislation, and may not act inconsistent with primary legislation. [Doyle 2008, p 324, [11-34
– 11-36]]
Effect of EU Membership
Section 2 of the European Communities Act 1972 (see Exhibit D) grants legal status to Community law
withinIreland, and is protected by Article 29.4.
Section 3 of the European Communities Act 1972 enables a Minister to make regulations to implement
Community law.
Section 3 is clearly a Henry VIII clause as it allows a Minister of State to amend primary legislation by
regulation, and would be unconstitutional except for Article 29.4.

This was decided by the Supreme Court in Meagher v Minister for Agriculture [1994] where the applicant
had been prosecuted under regulations that amended primary legislation. [Doyle 2008, p393]
Finlay CJ delivering the judgement of the court said
“The court is accordingly satisfied that the power to make regulations in the form in which it is contained
in section 3(2) of the Act is necessitated by the obligations of the State of the Communities and now of
theUnionand is therefore virtue of Article 29.4 subsections 3, 4 and 5 immune from constitutional
challenge.”
While the constitutionality of S 3 of the Act was upheld, it does not mean that this is appropriate in all
cases.
In the context of the regulations at issue Denham J formulated her approach in terms of
the Cityview case:
“Where there is in fact no choice on a policy or a principle the matter is appropriate for delegated
legislation. If the directive or the Minister envisaged a choice then it would require legislation by the
Oireachtas…”
In Maher v Minister for Agriculture [2001] the Supreme Court found that even though there was some
choice open to the Minister, the principles and policies were to be found in European Law and
consequently the making of the regulation was not an impermissible use of the Oireachtas legislative
power. [Doyle 2008, p396]
In Browne v Attorney General [2003] the Supreme Court found that S 3 of the European Communities
Act 1972 could not be used to make regulations creating an indictable offence. However, Browne was
reversed by the European Communities (Amendment) Act 1997 and indictable offences may be created
now. [Doyle 2008, p399]
Comments on Article 15.2
The Constitution Review Group (CRG) felt that Article 15.2.1 as interpreted in the Cityview Press Ltd v
AnCO [1980] case severely restricts the power of Ministers to make statutory instruments or subordinate
legislation, by subjecting the delegated legislation to the “principles and policies” test. Subsequent cases
have taken both a broad and narrow interpretation of this test. [CRG 1996, p39]
The CRG felt that
“… the effect of the test was to make it difficult to make secondary legislation to fill gaps left by a Act of
the Oireachtas or to deal with specific details which may not have been anticipated when the Act was
passed… for example with matters such as rapidly developing technology or matters of detail affecting
different areas in different ways”.

The CRG spoke of the attractions of subordinate legislation
“… in view of the complex, intricate and ever changing situations which confront both the legislature and
the executive in the modern state”.
The CRG noted that
“The court referred to the practice of making secondary legislation subject to annulment by either House
of Parliament but while this was a measure of control the two Houses of the Oireachtas are not the
Oireachtas as such.”
The CRG said that consideration should be given to amending Article 15.2.1 to extend the limits of what
the Government or a Minister (and no others) may legislate using a statutory instrument beyond
the Ctyview test, to include matters of substance in the parent Act. However, safeguards should be
included to maintain the supremacy of the Oireachtas, such as a requirement that a positive resolution
of both Houses of the Oireachtas must be passed before the secondary legislation comes into force.
There was some concern that such a procedure by bypassing the normal legislative process would
undermine the power of the President to refer a bill to the Supreme Court under Article 26 of the
Constitution.
Article 15.2.2 provides for the Constitution to accommodate an “agreedIreland”. This subsection could
also be used to delegate certain limited rule or law making powers to local authorities. [CRG 1008, p42]
Summary
The power of a Minister to make delegated legislation is limited by Article 15.2.
Delegated legislation must pass the principles and policies (Cityview) test.
However, the courts have allowed certain flexibility in the application of the Cityview test, preferring to
accept the presumption of constitutionality of the parent Act (if post 1937) and reply on the ultra
vires doctrine.
Henry VIII clauses are invalid, except where necessitated by EU membership.
Appendix 1: References
[Byrne 2009] Byrne and McCutcheon on the Irish Legal System,BloomsburyProfessional, 2009
[CRG 1996] Constitution Review Group, Report of the Constitution Review Group, 1997
[Donovan 2010] Donovan, Dorothy, The Irish Legal System, Round Hall, 2010
[Doyle 2008] Doyle,Oran, Constitutional Law: Text, Cases and Materials, Clarus Press Limited, 2008
[Kelly 2003], Kelly J.M., The Irish Constitution, Fourth Edition, Tottel Publishing Ltd., 2006
[Morgan 1997], Morgan, David Gwynn, Separation of Powers in the Irish Constitution, Round Hall Sweet
and Maxwell, 1997
Appendix 2: List of Cases
Browne v Attorney General [2003]
The Supreme Court found that s 3 of the European Communities Act 1972 could not be used to make
regulations creating an indictable offence.
Cityview Press v An Comhairle Oiliúna [1980] IR 381
Supreme Court – “the test as to whether delegated power is constitutional or not is whether the power is
no more than merely giving effect to principles and policies which are contained in the parent Act”
[Donovan 2010, p26]
Also parliamentary scrutiny
[Doyle 2008, p313-314]
Laurentiu v Minister for Justice [1999]
This is the only case where legislation has actually struck down as a breach of Article 15.2.1.
Leontjawa v DPP and Chang [2004]
Finlay Geoghegan J held that s 5(1)(h) fell foul of the principles and policies test for much the same
reasons as stated by Keane J in Laurentiu.
McDaid v Sheehy [1991]
Section of Act found unconstitutional under Article 15.2 and principles and policies test but overturned
by the Supreme Court because retrospective validity by reference granted to section of Act.
Meagher v Minister for Agriculture [1994]
Supreme Court held that it was constitutional for a Minister to amend primary legislation by regulation
where it was necessitated by membership of the European Community, nowUnion.
Re Article 26 and the Health Amendment (No. 2) Bill 2004

The Supreme Court held that power given to the CEO of a Health Board to remit nursing home charges
was not a delegation of legislative power but merely an administrative function [Doyle 2008, P 313, [11-
07 – 11-08]]
Exhibit A Check List
Check list to determine if a proposal (delegated legislation) is valid in terms of Article 15.2
The following series of questions could be asked in relation to delegated legislation to determine if it falls
foul of Article 15.2. The questions need not necessarily be asked in this order.
1) Is the proposal delegated legislative power or assigned administrative power?
1. If administrative power it is presumed to be valid (at least under this article 15.2)
2. If it is delegated legislative power then further consideration is necessary – go to 2
2) Is the proposal necessitated by EU membership with little discretion given to the State?
1. Yes
i. Apply principles and policies test (using EU law to source
principles and policies) – if yes
1. Use European Communities Act 1972 – 2007 to make SI

2. Or use other relevant Act to make SI
ii. If no go to 3
1. No – go to 3
3) Does the proposal satisfy the principles and policies (Cityview) test?
1. Yes – go to 4
2. No – invalid (only if there are no principles or policies in the parent Act)
4) Does the proposal use a Henry VIII clause in the parent Act? (Power to amend a law)
1. Yes – invalid
2. No – go to 5
5) Is the proposal ultra vires the parent act? (if the act is post 1937 it is presumed constitutional, and
if more than one reading of the Act is possible use the constitutional reading)
1. Yes – invalid
2. No – go to 6
6) Is the relevant section in the parent Act unconstitutional?
1. Yes – invalid
2. No – go to 7
7) Is the proposal male fides?
1. Yes – invalid
2. No – go to 8
8) Is the proposal coming from a subordinate legislature in accordance with law? (Article 15.1.2 but
no cases or statute law so far)
1. Yes – valid
2. No – go to 9
9) Is the proposal (or the effect if implemented) unconstitutional?
1. Yes – invalid
2. No – valid
Exhibit B: Extracts from the Constitution of Ireland
Article 6.1
All powers of government, legislative, executive and judicial, derive, under God, from the people, whose
right it is to designate the rulers of the State and, in final appeal, to decide all questions of national
policy, according to the requirements of the common good.
Article 15.2.1
The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other
legislative authority has power to make laws for the State.
Article 15.2.2
Provision may be made however, by law for the creation r recognition of subordinate legislatures and for
the powers and functions of these legislatures.
Exhibit C: Extracts from the Provisional Collection of Taxes Act 1927
Resolutions of the Dáil relating to tax and amending Acts of the Oireachtas to have statutory effect for
up to four months.
Extract from the Act follows.
Certain resolutions to have statutory effect.
2.—Whenever a resolution (in this Act referred to as a resolution under this Act) is passed by the
Committee on Finance resolving—
(a) that a new tax specified in the resolution be imposed, or

(b) that a specified permanent tax in force immediately before the end of the previous financial year be
increased, reduced, or otherwise varied, or be abolished, or
(c) that a specified temporary tax in force immediately before the end of the previous financial year be
renewed (whether at the same or a different rate and whether with or without modification) as from the
date of its normal expiration or from an earlier date or be discontinued on a date prior to the date of its
normal expiration,
and the resolution contains a declaration that it is expedient in the public interest that the resolution
should have statutory effect under the provisions of this Act, the resolution shall, subject to the
provisions of this Act, have statutory effect as if contained in an Act of the Oireachtas.
Duration of statutory effect of resolution.
4.—(1) A resolution under this Act shall cease to have statutory effect in or upon the happening of
whichever of the following events first occurs, that is to say:—
(a) if the resolution is not agreed to, with or without modification, by Dáil Eireann within the next ten
days on which Dáil Eireann sits after the resolution is passed by the Committee on Finance;
(b) if Dáil Eireann disagrees with the resolution;
(c) if a Bill containing provisions to the same effect (with or without modification) as the resolution is
not read a second time by Dáil Eireann within the next twenty days on which Dáil Eireann sits after the
resolution is agreed to by Dáil Eireann;
(d) if those provisions of the said Bill are rejected by Dáil Eireann during the passage of the Bill through
the Oireachtas;
(e) the coming into operation of an Act of the Oireachtas containing provisions to the same effect (with
or without modification) as the resolution;
(f) the dissolution of Dáil Eireann before any such Act as aforesaid is passed by the Oireachtas;
(g) the expiration of a period of four months from the date on which the resolution is expressed to take
effect or, where no such date is expressed, from the passing of the resolution by the Committee on
Finance.
(2) When a resolution under this Act is agreed to by Dáil Éireann with modifications, the resolution
shall have statutory effect under this Act with and subject to such modifications.
Exhibit D: Extract from the European Communities Amendment Acts 1972 – 2009
Annulment procedures are included.
General 2. From the 1st day of January, 1973, the treaties governing the European Communities and
provision.
(1)the existing and future acts adopted by the institutions of those Communities and by
bodies competent under the said treaties shall be binding on the State and shall be part of
the domestic law thereof under the conditions laid down in those treaties.
Without prejudice to subsection (1) of this section, from the coming into force of the EEA
(2)Agreement, the provisions of that Agreement and the acts to be adopted by institutions
established by that Agreement which, pursuant to the treaties governing the European
Communities, will be binding on the State and an integral part of the legal order of those
Communities, shall have the force of law in the State on the conditions laid down in those
treaties and in that Agreement.
Power to make3. A Minister of State may make regulations for enabling section 2 of this Act to have full
regulations.
(1)effect.
Regulations under this section may contain such incidental, supplementary and
(2)consequential provisions as appear to the Minister making the regulations to be necessary
for the purposes of the regulations (including provisions repealing, amending or applying,
with or without modification, other law, exclusive of this Act).
Regulations under this section shall not create an indictable offence.
(3)
Regulations under this section may—
(3)
make provision for offences under the regulations to be prosecuted on
(a)indictment, where the Minister of the Government making the regulations
considers it necessary for the purpose of giving full effect to—
a provision of the treaties governing the European Communities, or
(i)
an act, or provision of an act, adopted by an institution of the European
(ii)Communities or any other body competent under those treaties,
and
make such provision as that Minister of the Government considers necessary for
(b)the purpose of ensuring that penalties in respect of an offence prosecuted in that
manner are effective and proportionate, and have a deterrent effect, having
regard to the acts or omissions of which the offence consists, provided that the
maximum fine (if any) shall not be greater than €500,000 and the maximum term
of imprisonment (if any) shall not be greater than 3 years.
Regulations under this section may be made before the 1st day of January, 1973, but
(4)regulations so made shall not come into operation before that day.
Annulment of an SI which applied EU law and creates an indictable offence
3.A Every regulation to which subsection (3) (inserted by section 2(a) of the European Communities
Act 2007) of section 3 of this Act applies shall be laid before each House of the Oireachtas as soon
as may be after it is made and, if a resolution annulling the regulation is passed by either such
House withinthe next 21 days on which that House sits after the regulation is laid before it, the
regulation shall be annulled accordingly but without prejudice to the validity of anything
previously done thereunder.
Annulment of and SI which applied EU law
4. Regulations under this Act shall have statutory effect
(1) (a)
If the Joint Committee on the Secondary Legislation of the European Communities Joint
(b)Committee on Foreign Affairs Joint Committee on European Affairs (1995 amendment)
recommends to the Houses of the Oireachtas that any regulations under this Act be annulled
and a resolution annulling the regulations is passed by both such Houses within one year
after the regulations are made, the regulations shall be annulled accordingly and shall cease
to have statutory effect, but without prejudice to the validity of anything previously done
thereunder.
https://ccrjustice.org/sites/default/files/assets/2011.09.29%20Bush%20Canada%20Indictment.pdf
The Economic Adjustment Programme ... General Government balance and ...
background to the programme and builds on the documents agreed with the Irish .
http://ec.europa.eu/economy_finance/publications/occasional_paper/2011/pdf/ocp76_en.pdf
new national aviation policy for Ireland ... In 2011, Irelandwas ... It is
the Government‘s intention that Ireland‘s .
http://www.dttas.ie/sites/default/files/publications/aviation/english/draft-national-aviation-policy/draft-
aviation-policy.pdf
Rebuilding Ireland_Action Plan Irish Refugee Protection Programme ... Programme for a Partnership
Government. The publication of this Action Plan on Housing and Homelessness,
http://rebuildingireland.ie/Rebuilding%20Ireland_Action%20Plan.pdf
Exhibit E: Extract from the Programme for Government 2011
http://www.finegael.ie/upload/ProgrammeforGovernmentFinal.pdf
Transposing EU Legislative Measures
The situation can no longer be tolerated where Irish Ministers enact EU legislation by statutory
instrument. The checks and balances of parliamentary democracy are by-passed. The parliamentary
treatment accorded home-produced draft legislation must be extended to draft legislation initiated within
the EU institutions.
The Regulatory Impact Assessments prepared for Ministers on all EU Directives and significant
Regulations will be forwarded automatically to the relevant sectoral Oireachtas Committees. These
Committees should advise the Minister and the Joint Committee on European Affairs as to whether the
transposition should take place by Statutory Instrument or by primary legislation. Where primary
legislation is recommended the full Oireachtas plenary process should be followed.
https://eparl.wordpress.com/2011/06/14/delegatedlegislationandarticle152/
The Treaty of Lisbon after the Second Irish Referendum
http://www.voltairenet.org/IMG/pdf/Treaty_of_Lisbon_after_the_Second_Irish_Referendum.pdf
British Brinkmanship and Gaelic Games EU Treaty Ratification in the UK and Ireland from a Two Level
Game Perspective April 2, 2013
http://www.bbk.ac.uk/politics/ourstaff/academic/bjpi12015.pdf
When Charlie Haughey went on national television in 1980 to give a 'State
of the Nation' address he began in solemn tones as he painted a bleak
economic picture.
Haughey made it abundantly clear that the country was living at too high a
standard -- he said that the nation was 'LIVING BEYOND IT'S MEANS'.
Decades later, it is the most oft-quoted part of his speech, gaining added
significance as it emerged he was advocating belt-tightening and heralding
a hairshirt Budget as he continued to live like a king, enjoying fine dining and
favouring Parisian-tailored Charvet shirts.
Fast forward to 2017 / 2018 and the present Taoiseach is conveying the same
message. But while Varadkar prefers fancy socks to Charvet shirts the 'tighten
your belts' message is the same. But austerity is only for the ordinary people.
Varadkar telling workers that wages are rising too quickly while he pockets a
salary of €190,233 which will rise to €211,588 by 2020. (if you add in Varadkar's
expenses and other benefits he is actually earning more than €200,000 per
annum)
Haughey and Varadkar have one thing in common. Necks like a jockey's bollocks
https://www.youtube.com/watch?v=GoXYTHlWXvQ
Liars the Government and its faithful are living beyond our
means.
Manage
Apr 5, 2012
SUBSCRIBE 331
When a broadcast by the Taoiseach, Charles J. Haughey, warned that, "...as a community, we are living
away beyond our means", the nation braced itself for Michael O'Kennedy's budget. This increased PAYE
allowances and widened tax bands, but it also increased indirect taxation. Taxes on cigarettes, alcohol and
petrol all went up, while duties on cars, television sets and gramophone records were also raised. The
Irish Farmers Association felt that the budget was, "extremely harsh on the farming community".
https://www.youtube.com/watch?v=GoXYTHlWXvQ
British Brinkmanship and Gaelic Games: EU

Treaty Ratification in the
UK and Ireland from a Two Level
Game Perspective
Dermot Hodson and Imelda Maher
Research Highlights and Abstract
 Viewed from the theory of two-level games, the European Union (EU) Act (2011) is a
rare example of a government tying its hands in international diplomacy.
 The UK government could find its hands more tightly bound than anticipated under
the EU Act, inter alia, due to the enhanced role of the courts in EU treaty ratification.
 The EU Act could convey bargaining advantages to the UK, but it could also encour-
age other EU member states to walk away from the negotiating table.
 The risks posed by tighter ratification rules are borne out by Ireland’s experience of
EU treaty ratification since the Supreme Court ruling Crotty v. An Taoiseach (1987).
 David Cameron’s ‘veto’ of plans for a new EU treaty in December 2011 illustrates the
difficulties of knowing ex ante when a referendum is required under the EU Act.
The European Union (EU) Act (2011) provides for greater parliamentary oversight and
the possibility of a referendum before EU treaties can be ratified. This article explores
the EU Act from a two-level game perspective, seeing it as a rare example of a
government tying its hands in international diplomacy. That the UK government
could find its hands more tightly bound than anticipated is suggested by Ireland’s
turbulent experience of treaty ratification in the light of Crotty v. An Taoiseach
(1987), a landmark ruling by the Irish Supreme Court and an inspiration for the EU
Act. This situation could, the theory of two-level games predicts, bolster the UK’s
bargaining position in Brussels, but it could also damage the country’s credibility and
encourage other member states to walk away from the negotiating table. This last
point helps to shed some light on the UK’s ‘veto’ of the Fiscal Compact in December
2011.
Keywords: ratification; two-level game; tying hands; Crotty; EU act; fiscal compact
Introduction
Robert Putnam’s theory of two-level games posits that a government can, under
certain conditions, boost its bargaining position in international negotiations by
1
adopting more stringent ratification rules at home (Putnam 1988, 441). Two decades
of scholarship have generated numerous theoretical insights into what these condi-
tions are (e.g. Mo 1995; Milner and Rosendorff 1996; Leventog l ̆ u and Tarar 2005)
alongside evidence that domestic ratification constraints can be an advantage in
international deal making (e.g. Clark et al. 2000; Konold 2010). There are
© 2013 The Authors. British Journal of Politics and International Relations © 2013 Political Studies Association
2 DERMOT HODSON, IMELDA MAHER nonetheless comparatively few concrete examples of

governments making it more
difficult to ratify international agreements (Pahre 1997; Hug and Schulz 2007).
Viewed against this backdrop, the European Union (EU) Act 2011, which became law in the
United Kingdom in July 2011, is significant. Although the passage of the Act provoked little
public debate, Members of Parliament (MPs) made much of its ‘sovereignty clause’, which
states that EU law can take effect in the UK only through an Act of Parliament (House of
2
Commons European Scrutiny Committee 2010). This clause places the common law doctrine
of parliamentary sovereignty on a statutory footing, and in doing so codifies the orthodox
position of the UK courts that the supremacy of EU Law is based on national law (Gordon and
3
Dougan 2012; Craig 2011, 1937; House of Lords Constitution Committee 2011). Altogether
more radical are the Act’s provisions for approving EU treaty revisions, which give Parliament
a greater say in the ratification process, specify the conditions under which a referendum
must be held and enhance the scope for judicial review in cases where the government
4
chooses not to hold a public vote.
There is more than one way to interpret this ‘referendum lock’. Murkens (2012, 396–397), for
example, sees the EU Act as sending ‘an important political signal to the Europhobic wing of
the Conservative Party ... that its concerns would in the future be taken seriously’. Lynch and
Whitaker (2012, 18) disagree on the grounds that the Act is likely to leave ‘the Eurosceptic
appetite for a referendum unsatisfied’ for now because the May 2010 Coalition Agreement
between the Conservatives and Liberal Democrats has effectively ruled out support for the
5
kind of treaty change that would trigger a referendum. Either way, this remains a fast-
moving and fractious area of UK politics, with David Cameron announcing in January 2013
that he would, if the Conservatives win the next general election, seek a ‘new settlement’
with the EU before holding an in-out referendum on remaining in the Union (Cameron 2013).
This article explores the scope and limits of treaty ratification under the EU Act from a two-
level game perspective using Ireland’s experience of ratification in the light of Crotty v. An
Taoiseach (1987), a landmark ruling by the Irish Supreme Court, as a comparative case study.
It seeks, in the first instance, to show that the Act significantly reduces the core executive’s
discretion over how to ratify EU treaty changes and is thus a seldom seen instance of a
government tying its hands in international negotiations.
Students of the EU Act have already looked to the German Federal Constitutional Court’s
ruling on the Lisbon Treaty in June 2009 for inspiration (Gordon and Dougan 2012; Craig
2011) but comparison with Crotty is also valid here. Ireland is one of a small minority of EU
member states with a ‘referendum lock’—France, Denmark and Slovakia are also typically
included on this list—and the only one to require a mandatory referendum on all
constitutional changes. Ireland’s approach to treaty ratification was, moreover, cited by UK
Prime Minister David Cameron (2009) as a spur for the EU Act. The lesson from the Irish case,
this article argues, is that the UK could find its hands more tightly bound than anticipated as
a result of the EU Act but without the same options for overcoming ratification failures. EU
member states could respond to the resulting risks of involuntary defection from treaty
revisions, the theory of two-level games implies, by walking away from the negotiating table.
© 2013 The Authors. British Journal of Politics and International Relations © 2013 Political Studies Association BJPIR, 2013
TYING HANDS IN TREATY NEGOTIATIONS 3
The remainder of this article is divided into four sections. The first recalls the logic of tying
hands in two-level games and introduces the EU Act. The second section discusses the
potential pitfalls of the Act’s tighter ratification rules, drawing on Ireland’s experience of
treaty ratification since Crotty. The third section looks at two early test cases of the EU Act
and the final section summarises the key findings of this investigation and considers their
implications for students of international, EU and UK politics.
The EU Act as an Instance of Tying Hands
Putnam’s (1988) point of departure is that international negotiations will succeed if and only
if the win sets of the parties involved overlap. By ‘win set’ he means the set of all deals that
can be struck in the international arena, which he calls ‘Level 1’, and ratified in a state’s
domestic arena, which he calls ‘Level 2’. Ratification refers here to the process whereby the
outcome of negotiations in Level 1 is approved by the relevant actors in Level 2. Win sets,
Putnam suggests, can be determined by exogenous factors, such as the distribution of power
or preferences on particular policy issues, or endogenous factors, where governments seek to
alter formal or informal ratification procedures. Putnam (1988, 440–1) says little about how
such ratification procedures work, but he does speculate that a government may, under
certain conditions, make it more difficult to ratify an agreement in Level 2 so as to drive a
harder bargain in Level 1. Moravcsik (1993a, 28) refers to this strategy as ‘tying hands’ and
contrasts it with a policy of ‘cutting slack’, where the chief negotiator takes steps to expand
the set of agreements acceptable to domestic constituents in Level 2.
Examples of cutting slack are plentiful, with the United States Congress’s ability to expedite
the ratification of trade agreements by granting trade promotion authority to the President
among the best known. Instances of tying hands are harder to come by. Evans, Jacobsen and
Putnam (1993), in an early attempt to put the theory of two-level games to the test, provide
some evidence that constraints in Level 2 matter for Level 1 negotiations but find no cases in
which such constraints were endogenous. More recent work by Leventog ̆lu and Tarar (2005)
suggests that governments do tie their hands by making public pronouncements on their bar-
gaining position before and during international negotiations but this argument is about
rhetoric rather than ratification per se.
The EU’s recurring recourse to treaty changes over the last quarter century lends itself to the
analysis of two level games but scholars have thus far found little conclusive evidence of
hand tying. In a landmark study, Hug and König (2002) find a link between the negotiation
and ratification of the Amsterdam Treaty, with the final text shown to be more conservative
on those issues where national parliaments with a veto over ratification favoured the status
quo. The authors do not say, however, whether member states were tying their hands or
having their hands tied by parliaments or other bodies. The same is true of Hug and Schulz’s
(2007) study of the European Constitution, which finds that the decision by eleven member
states to call a referendum secured concessions in some cases but remains agnostic as to
how and why these referenda were called. König and Finke (2009) model member states’
reasons for calling a referendum on the European Constitution,
4 DERMOT HODSON, IMELDA MAHER
although their analysis indicates that governments did so by exploiting the flexibility within
existing ratification procedures rather than tying their hands through more stringent rules.
Such was this flexibility, indeed, that all member states with the exception of Ireland opted to
ratify the Lisbon Treaty via parliamentary channels in spite of the many areas of
commonality between this treaty and the European Constitution.
Thought of in these terms, the EU Act can be understood as a rare example of a government
attempting to tie its own hands. Before the Act became law, the UK’s win set was shaped by
essentially exogenous factors, with the need for parliamentary approval being the most
important of these. Historically, Parliament had no formal role, the ratification of treaties
being a matter for the Foreign Secretary acting as representative of the Crown. Following the
1924 Ponsonby Rule, Parlia- ment debates (most) treaties to which the UK is a signatory
(Miller 2001, 9). For EU treaties, the fact that the European Communities Act (1972) has to be
amended has also ensured parliamentary involvement.
Calls for a referendum on treaty changes have been commonplace since the UK entered the
European Economic Community (EEC) in 1973 but the lack of a codified constitution has
generally allowed the government of the day to brazen it out in the face of such demands.
Prime Ministers Thatcher, Major, Blair and Brown all insisted that treaties negotiated under
their watch entailed no significant loss of sovereignty and hence that no referendum was
needed. Tony Blair eventually agreed to a referendum on the European Constitution but he
rescinded this offer after a ‘no’ vote in France and the Netherlands. Brown reverted to the
traditional Prime Ministerial approach by refusing to put the Lisbon Treaty to a referendum
despite the many similarities between it and the European Constitution. Although this move
was vociferously opposed by Cameron’s Conservatives and, indeed, by many in the Labour
Party, Parliament approved the European Union (Amendment) Act 2008, allowing the Lisbon
Treaty to take effect in the UK. A last minute legal challenge by the entrepreneur Stuart
6
Wheeler, one of several such challenges over the years, stalled but did not stop ratification.
The EU Act distinguishes between treaty revisions made via the Ordinary Revision Procedure
7
and the Simplified Revision Procedure, under the Treaty on European Union (EU). The
Ordinary Revision Procedure allows the European Council to convene a convention or an
8
intergovernmental conference to decide on all categories of treaty amendment. The
Simplified Revision Procedure allows the European Council to amend Part III of the Treaty on
the Functioning of the European Union (TFEU) on the basis of a unanimous vote if the
9
amendments confer no new competences on the Union. The EU Act: (i) requires an Act of
Parliament on all treaty amendments; (ii) necessitates a referendum on treaty changes via
the Ordi- nary Revision Procedure unless the exemption condition is met; (iii) allows for treaty
changes via the Simplified Revision Procedure that do not meet this exemption condition to
be ratified without a referendum provided the significance condition is met; and (iv) requires
that a Minister must give a reasoned opinion on a decision to ratify a treaty without a
10
referendum; (see Figure 1).
From a two-level game perspective, these changes tie the UK government’s hands in relation
to EU treaty revisions in three principal ways.
TYING HANDS IN TREATY NEGOTIATIONS 5 Figure 1: The Ratification Procedure

under the EU Act (2011)
(1) Increased Parliamentary Oversight
The provision that all treaty changes require an Act of Parliament arguably gives MPs and
peers a greater say over the ratification process, whether a referendum ultimately takes
place or not. Under the EU (Amendment) Act (2008), a Minister could not support a decision
11
under the Simplified Revision Procedure unless s/he had first put a motion before both
Houses of Parliament and the Houses had positively approved the motion. This has now
12
been changed so that, at a minimum, an Act of Parliament will be required.
(2) Increased Scoped for Judicial Reviews
The Ministerial statement requires that a Minister give a reasoned opinion concerning a
decision not to hold a referendum. That this opinion would have the status of a ministerial
13
decision opens up the possibility of a judicial review before the Act becomes law, or the Act
itself might be challenged on the basis that it did not comply with the form and manner set
down for enactment. This latter possibility is an unsettled area of English law so it is not clear
that the courts would entertain it given their traditionally strongly held view that they cannot
review the validity of an Act of Parliament. This is why a review of the ministerial decision
(given with reasons) is more likely but would need to be triggered before the final Bill
becomes law to be effective (Craig 2011, 1935–6).
6 DERMOT HODSON, IMELDA MAHER (3) Qualified Commitment to Hold a

Referendum
The narrowly drawn exemption condition reduces the scope for treaty ratification without a
referendum. The exemption condition applies only if treaty amendments do not fall under one
of thirteen headings listed. One set of headings refers to changes extending the EU’s
competence in any area. Specific mention is made here of coordination in the area of
14
economic or employment policy and the common foreign and security policy. A second set
15
of headings requires a referendum where the EU imposes new requirements, obligations or
sanctions on the UK. A final set of headings requires a referendum for treaty changes that
16
alter existing requirements to act by unanimity, consensus or common accord or remove the
17
‘emergency brake’, whereby an EU Member State can refer a draft measure to the European
Council suspending the ordinary legislative procedure and the use of qualified majority
voting. This brake can be used in relation to some aspects of the EU’s common foreign and
18
security policy and in sensitive domains such as social security, judicial cooperation in
criminal matters and serious crime of a cross-border character.
The significance condition, finally, applies where (i) where treaty changes under the
Simplified Revision Procedure fall within either of two specific headings listed under the
exemption condition and (ii) ‘the effect of that provision in relation to the United Kingdom is
not significant’. The headings under (i) refer to (a) ‘the conferring on an EU institution or
19
body of power to impose a requirement or obligation on the United Kingdom, or the removal
of any limitation on any such power of an EU institution or body’ and (b) ‘the conferring on
20
an EU institution or body of new or extended power to impose sanctions on the United
Kingdom’. The meaning of ‘significance’ under (ii) is not defined, this being a matter for the
21
Minister to decide upon and explain in the statement to be laid before Parliament.
22
Crotty v. An Taoiseach and the Risks of Involuntary Defection
A strategy of deliberately contracting a win set so as to secure concessions, Putnam (1988,

441) insists, is not without risks. Tightening ratification rules, he notes, brings the possibility
of involuntary defection, i.e. a situation where a government supports an agreement reached
in the international arena only to see it overturned at home. Mo (1995) questions this logic on
the grounds that a government would be unlikely to delegate responsibility for ratifying an
international agreement to an agent with divergent preferences from its own. Governments
do not always have complete information about the preferences of parliaments or the public,
however, making it difficult to strike a deal at the international level that will eliminate
entirely the risk of involuntary defection domestically (Milner and Rosendorff 1996).
Whether the EU Act will bolster the UK’s bargaining position in relation to EU treaty changes
or heighten the risk of involuntary defection will be known only in due course, but Ireland’s
experience of EU treaty ratification in the wake of Crotty v. An Taoiseach (1987) offers some
clues on what to expect. There are categorical similarities and differences between the EU
Act and Crotty from a two-level game
perspective. The most obvious difference is that the UK government instigated the EU Act, a
detailed piece of legislation that seeks to be comprehensive as to the circumstances where a
referendum will be necessary. Crotty is, to state the obvious, judge-made law, stemming from
the actions of a private citizen and a degree of activism on the part of the Supreme Court
(Barrett 2009, 35). Nonetheless, both the EU Act and Crotty contract the win set of their
respective states by drawing a legal line (however blurred in the Irish case) between treaty
changes that require a referendum and those that do not.
In Crotty, Raymond Crotty, an agricultural economist and activist, challenged the ratification
of the Single European Act by statute only without a referendum to amend the Irish
Constitution. The challenge was rejected at the first hearing of the case, but Crotty won on
appeal before the Supreme Court, Ireland’s apex constitutional court. In a single judgment,
the Supreme Court saw no reason why the European Communities (Amendment) Act (1986),
which sought to transpose the Single European Act into Irish law, was unconstitutional. In
separate judgments, however, the Court held that Title III, providing for co-operation in
foreign policy, was in fact a new treaty that went beyond ‘the essential scope or objectives of
the Community’ and not merely an extension of the integration objective at the core of the
[then] EEC project (Barrett 2009). A majority of three judges went on to hold, therefore, that
Title III could only be ratified by referendum as it curtailed the sovereign powers of the state
in foreign affairs in a way not sanctioned by the constitution. The government was thus
required to put the ratification of the Single European Act on hold until it held a referendum.
Perhaps the most striking feature of the Irish case from a two-level game perspective is the
extent to which the government found its win set curtailed with respect to subsequent treaty
changes. The Supreme Court, it should be recalled, gave no indication in Crotty that
referenda should be the default way to decide treaty changes. Chief Justice Finlay, in
delivering the single judgment on the Single Act, acknowledged the case for steering a
course between giving the state open-ended authority to agree treaty changes without
23
seeking a change to the constitution and no authority at all. Because such a low threshold
was set in relation to sovereignty transfer, however, it was legally risky for any government
not to hold a referendum. Thus, successive governments put the Maastricht, Amsterdam,
Nice and Lisbon Treaties to the people rather than make the case that the proposed changes
fell within the essential scope and objectives of the Communities.
One reason for this risk aversion is that the judiciary clouded rather than clarified the size of
the state’s win set in relation to treaty changes. The members of the Supreme Court, it is
important to note, were divided in Crotty as to the precise significance of the Single European
Act’s provisions on foreign policy. Whereas Chief Justice Finlay saw nothing in the treaty that
could ‘override or veto the ultimate decision of the State on any issue of foreign policy’,
Justice Walsh foresaw a situation in which member states ‘are no longer to have separate
foreign policies’. In the end, Finlay found himself in the minority, even though Walsh’s
prediction proved wide of the mark given the incremental, intergovernmental approach to
foreign policy cooperation that flowed from this and subsequent treaties. The Court’s decision
to focus on non-binding elements of the Single European Act can,
8 DERMOT HODSON, IMELDA MAHER moreover, only have added to the government’s
uncertainty about whether future
treaty changes would survive a judicial review.
A second lesson from the Irish case is that the government, having had its hands tied,
eventually experienced the attendant risks of involuntary defection. In spite of the
controversy surrounding the Single European Act, its ratification proved to be a
straightforward exercise, with 70% of voters backing the proposed amendments to the Irish
Constitution. Comprehensive though this result was, it represented a sharp fall in support for
European integration compared to the referendum in May 1972 on Ireland’s accession to the
EEC (see Table 1). This trend continued in subsequent referenda, with Ireland sending
shockwaves through the EU in June 2001 when close to 54% of voters rejected the Nice
Treaty. Although the ‘yes’ vote rebounded to nearly 63% when this referendum was rerun in
October 2002, a little over 53% of voters rejected the Lisbon Treaty at the first time of asking
in June 2008. This result was overturned, once again, with more than 67% backing the Lisbon
Treaty in a second poll in October 2009.
A third lesson from the Irish case concerns the problems posed by imperfect information in
securing the successful ratification of EU treaties. As a small member state, Ireland’s ability
to steer treaty negotiations may be limited but other member states have shown a
willingness to offer concessions in the hope of securing ratification (Hug and König 2002; Hug
and Schulz 2007). During the drafting of the Maastricht Treaty, for example, the government
negotiated a protocol protecting Article 40.3.3 of the Irish Constitution, which guarantees the
right to life of the unborn, a provision that has been carried over in all subsequent treaties.
This guarantee was not enough, however, to prevent concerns over abortion from recurring in
24
the first referendum on Lisbon, forcing the Irish government to secure agreement on a
25
second, legally-binding guarantee in advance of the re-run Lisbon referendum. This
agreement also included guarantees on taxation, education, the family and neutrality, the
last of these measures coming in addition to a declaration by the European Council at Seville
in June 2002 concerning Ireland’s neutrality
Table 1: Irish Referenda on EU Treaty Changes, 1973–2009
Date
10 May 1972 26 May 1987
18 June 1992
22 May 1998
7 June 2001
19 October 2002 12 June 2008
2 October 2009
Amendment to Irish Constitution
3
th
rd 10
th th th th th th
11 18 24 26 28 28
Treaty
Accession Single European

Act Maastricht Amsterdam Nice
Nice Lisbon Lisbon
Yes No (%) (%)
83.09 16.91 69.92 30.08
69.05 30.95 61.74 38.26 46.13 53.87 62.89 37.11 46.60 53.40 67.13 32.87
Result
Accepted Accepted
Accepted Accepted Rejected Accepted Rejected Accepted
Turnout (%)
70.88 44.09
57.31 56.20 34.79 49.47 53.13 59.00
and sovereignty in military matters (Costello 2005). Ireland also secured a declaration by
the European Council on, inter alia, workers rights and social policy and a commitment that
26
one European Commissioner should continue to be appointed from each EU member state.
That the Lisbon protocols were not put in place when the original treaty was negotiated owes
less to the intransigence of Ireland’s EU partners than the difficulties of knowing in advance
what domestic constituents want. Putnam (1988, 452), it should be recalled, allows for the
possibility that governments can be badly informed about their own political situation, with
Moravcsik (1993b, 158) going further in his suggestion that domestic constituents have an
incentive to conceal their preferences until a late stage of negotiations so as to maximize
their leverage. A striking example of the latter phenomenon was the Irish Farmers’
Association’s decision to 2008 to withhold support for the Lisbon Treaty until the government
declared is willingness to exercise a veto over World Trade Organization negotiations.
Eurosceptic groups threw their own curve ball during the Lisbon Treaty campaign by going
beyond longstanding concerns about abortion and defence to stoke fears about corporate
taxation and the minimum wage (e.g. Coir 2008). Whereas Irish farmers were amenable to
the politics of quid pro quo, Eurosceptic groups sought to defeat the treaty at all costs and so
had little interest in seeking concessions. This speaks to Putnam’s (1988, 445) point about
side-payments being a useful tactic in Level 2 games but only in relation to marginal voters.
It also chimes with Moravcsik’s (1993b, 156) observation that attempts to manipulate
domestic win sets are likely to struggle in the presence of concentrated opposition.
A fourth and final lesson from the Irish case is that the government, having had its hands tied
by Crotty, eventually sought to loosen them. This response was not quick to materialise, with
the Irish government waiting until the second referendum on the Lisbon Treaty in October
2009 before successfully proposing a new text be added to the Irish Constitution that
‘affirms ... [the country’s] commitment to the European Union within which the Member
States of that Union work together to promote peace, shared values and the well-being of
their peoples’ (Article 29.4.4). Although the rationale for this revision by Minister for Foreign
Affairs Micheál Martin was to reflect ‘Ireland’s highly positive experience of membership
27
going back to 1973’ it can be understood as an attempt by the government to increase its
room for manoeuver in relation to the Crotty test. Quite how successful this attempt will be in
the long run is unclear (see Barrett 2012, 25) but the Irish government’s decision to ratify the
Article 136 TFEU revision—a treaty change approved by the European Council in March 2011
under the simplified revision procedure with a view to establishing a stability mechanism for
the euro area— without recourse to a referendum is suggestive of a more assertive approach
28
to treaty ratification.
Whether Crotty holds lessons for the EU Act will, of course, depend to some degree on
differences between the two states’ political and legal systems. A key difference concerns
party political cleavages over Europe. The fact that Ireland’s main parties are moderately pro-
European makes parliamentary approval for EU treaty changes a largely pro forma affair. In
Benoit’s study of Irish political party policy on Europe, Fianna Fáil, Fine Gael and Labour score
11.0, 10.4 and 10.6 respectively on the
question of EU accountability, where a score of 1.0 denotes a preference for the direct
accountability of the EU to citizens via the European Parliament, for example, while a score of
20.0 favours indirect accountability via national governments (Benoit 2009, 465). The
corresponding score for UK political parties in Benoit and Laver (2006, 251) was 11.8 for the
Labour Party, as compared with 4.6 for the Liberal Democrats and 17.8 for the Conservatives.
This difference of political opinion complicates the parliamentary stage of ratification in the
UK. Whereas Fianna Fáil, Fine Gael and Labour have generally backed EU treaty changes,
neither Labour nor the Conservatives have ever unequivocally supported a major treaty
change while in opposition. The effects of such inter-party differences are magnified by
intraparty differences, particularly in the case of the Conservatives, with John Major facing a
backbench rebellion over the ratification of the Maastricht Treaty in 1992 and party members
remaining divided on the question of Europe to this day (Web and Childs 2011). That the EU
Act strengthens parliamentary control over the ratification of EU treaties thus increases the
prospects of involuntary defection by the UK even before the role of the courts and the
possibility of a referendum are taken into account.
Turning to the courts, another key issue here is whether the UK government might be more
willing than its Irish counterpart to lock horns with the judiciary over a decision to ratify treaty
changes without resorting to a referendum. Judicial reviews, Sterett (1994) observes, are now
part and parcel of the UK’s system of governance, but they clearly lack the status of
constitutional reviews in Ireland because of the principle of parliamentary sovereignty on
which Westminster was built. This can be seen most clearly in the European Convention on
Human Rights Act (ECHR) (1998) where even if a court finds a statute is in breach of the
ECHR, it is referred back to Parliament. The English courts, in other words, cannot strike such
legislation down. Similarly, the nature of review is different in relation to the specific issue of
whether or not to hold a referendum. While both systems allow for judicial review of
administrative action, only the Irish courts can find statutory provisions void because they are
unconstitutional.
In principle, this might make the UK government less risk averse than the Irish government
when it comes to treaty changes but a judicial review has the potential to delay ratification in
the UK. This was apparent during the passage of the Lisbon Treaty, with Lord Justice Richards
making it clear that ratification should not, in his view, be concluded until the High Court had
ruled on Stuart Wheeler’s challenge (Parker 2008). The UK government might also be wary of
litigation because the EU Act makes it easier to challenge a government decision not to hold
a referendum. Whereas Wheeler’s case hinged on the inherently political question of whether
the government had delivered on an election manifesto pledge, the EU Act provides greater
leverage to future judicial reviews by setting out a detailed set of criteria concerning the
circumstances under which a public vote is required, with the fulfilment of any one of these
conditions sufficient to trigger a referendum. Such detail ensures that the UK courts have
29
considerably less room for interpretation than Irish judges enjoy, but neither does it
eliminate the possibility of judicial discretion entirely. A key question is whether the courts will
share the government’s interpretation of the EU Act’s significance condition, which waives
the need

for a referendum when the treaty imposes new requirements, obligations or sanctions on
the UK that are not deemed significant without defining the meaning of significance.
Another unknown is whether Ireland’s practice of running a second referendum on rejected

EU treaty changes would be open to the UK. Precisely how the UK electorate would decide in
an as-yet hypothetical referendum cannot, of course, be known, but persistently low levels of
popular support for EU membership in the UK provide few grounds for optimism. Whereas
Ireland, in spite of its reticence towards treaty changes, saw popular support for EU
membership average 66% between 1973 and 2009, this figure stood at just 37% for the UK
(Figure 2). Although it was unable to prevent a ‘no’ vote against the Nice and Lisbon Treaties,
the Irish people’s enthusiasm for EU membership provided a pretext for the government to
return to the polls and made a ‘yes’ vote more likely than not. The UK government would find
it considerably more difficult to construct such an argument given the EU’s low standing
among the electorate, with Eurosceptics likely to seize the opportunity in the event of a ‘no’
vote on a particular treaty to push for a plebiscite on the more general question of EU
membership.
All of this raises the question of how other EU member states might respond to a situation in
which the UK votes ‘no’ to a future treaty change and then finds itself unwilling or unable to
secure ratification through a second referendum. The answer from a two-level game
perspective is that EU leaders might choose to walk away from the negotiating table rather
than offer further concessions. Putnam (1988, 440) describes this as the ‘ “sweet-and-sour”
implications of win-set size’. Whereas self-imposed restrictions on a country’s win-set can, he
notes, initially
Figure 2: Support for EU Membership in Ireland and the UK, 1973–2009
Ireland UK
Note: Respondents were asked ‘Generally speaking, do you think that (your country’s) membership of the European
Community (Common Market) is a good thing?’
Source: Eurobarometer
90 80 70 60 50 40 30 20 10
Sep-73 Sep-74 Sep-75 Sep-76 Sep-77 Sep-78 Sep-79 Sep-80 Sep-81 Sep-82 Sep-83 Sep-84 Sep-85 Sep-86 Sep-87 Sep-
88 Sep-89 Sep-90 Sep-91 Sep-92 Sep-93 Sep-94 Sep-95 Sep-96 Sep-97 Sep-98 Sep-99 Sep-00 Sep-01 Sep-02 Sep-03
Sep-04 Sep-05 Sep-06 Sep-07 Sep-08 Sep-09
confer a bargaining advantage, they could, if taken too far, lead to a situation in which the
win-sets of the parties involved no longer overlap and negotiations result in deadlock.
Threatening to walk away from the negotiating table is, of course, a well-worn tactic when it
comes to dealing with the UK’s antipathy towards European integration. Perhaps the most
extreme example occurred at the Fontainebleau Summit in June 1984, with French President
François Mitterrand raising the prospect of a two-speed Europe and Greek Prime Minister
Andreas Papandreou calling on the UK to reconsider its membership of the EEC in an effort to
produce agreement over the budget rebate and plans to complete the internal market. More
subtle was Angela Merkel’s thinly veiled threat to the then Leader of Her Majesty’s
Opposition, David Cameron, in December 2009, about opposing treaty change while champi-
oning the continued enlargement of the EU. If such tactics have encouraged UK chief
negotiators over the years to choose a pragmatic rather than a principled approach towards
the EU, then it remains to be seen whether such arguments would carry any weight with UK
voters.
Two Test Cases of Treaty Ratification under the EU Act

Successive UK Prime Ministers have not only, as discussed above, sought to play down the
constitutional significance of EU treaty changes so as to fend off calls for a referendum. They
have also engaged in a degree of brinkmanship by using the veiled threat of ratification
difficulties back home to secure opt outs from EU partners in sensitive areas of policy-making.
Ceteris paribus, the EU Act is likely to codify this arrangement by signalling in advance what
concessions the UK government needs in treaty negotiations to avoid a hard to win popular
vote. Although section 4(1) of the Act appears to be an attempt to slow down the pace of
European integration in the EU as a whole by making a referendum in the UK mandatory for a
treaty that, inter alia, extends the objectives or competences of the Union, section 4(4)
qualifies this by making clear that a referendum would not be necessary where the provisions
do not apply to the UK.
How this ‘business as usual’ scenario might unfold is suggested by the UK’s response to the
aforementioned Article 136 TFEU revision. Initially, a motion in support of this treaty change
was laid before and approved by both Houses in March 2011. It was, however, decided to ‘re-
ratify’ the Article 136 TFEU revision once the EU Act entered into force. In October 2011, the
UK Foreign Secretary presented a ministerial statement to Parliament justifying the
government’s decision not to seek a referendum on the grounds that the changes applied
only to member states other than the UK. This was followed in May 2012 by the European
Union (Approval of Treaty Amendment Decision) Bill 2012–13, this draft legislation being
discussed in depth as the Bill made its way through three readings in both Houses and the
usual committee stage before receiving royal assent in October 2012.
Business was by no means as usual in December 2011 when David Cameron decided to block
negotiations over a revision to the EU treaty to establish a Fiscal Compact to foster closer
economic policy coordination following the financial crisis. Whether such a treaty change
would have triggered a referendum under the EU Act
is debatable (see Yowell 2012 and Murkens 2012) given that it is almost certain that a
ministerial statement on a decision not to hold a vote would have been challenged before the
courts. Viewed from a two-level game perspective, therefore, the EU Act reduced the UK’s
win set in December 2011 by creating uncertainty over the ratification process. Even if the
prospect of a referendum was low, the Act still required ratification via Act of Parliament, a
difficult proposition for a Prime Minister who saw 81 Conservative MPs defy a three-line whip
over a referendum on EU membership in October 2011. Also true to the theory of two level
games was the decision of other EU leaders to respond to Cameron’s credibility problem by
walking away from the negotiating table. Having rejected the UK Prime Minister’s calls for UK
concessions on sensitive single market issues, the other heads of state or government
decided to by-pass UK (and Czech) opposition by adopting the changes through an
intergovernmental treaty, binding on the remaining 25 member states. Yet another
cautionary tale from Ireland for the EU Act occurred in relation to this treaty. Having initially
kept open the possibility of ratification via parliamentary channels alone, the Irish
government decided in February 2012 to hold a referendum on the Fiscal Compact. In the
end, this treaty was comfortably ratified—60.3% voted in favour in a referendum in May 2012
—but the decision to hold this vote was seen as a U-turn by the government.
Conclusion
‘For all of the theoretical advantages of a smaller win set’ as Evans (1993, 402–3) notes,
‘governments generally prefer to come to a negotiating table with as large a win set as
possible or arrive with constraints that are not of their own choosing’. For students of
International Relations, therefore, the EU Act can be seen as a rare case of a government
tying its hands in relation to international treaty negotiations. Less significant here is the
Act’s symbolic declaration of parliamentary sovereignty than its substantive provisions on the
ratification of changes to the existing EU treaties. These changes give Parliament and, under
certain conditions, the courts and the electorate a greater say in the approval of treaties,
thus significantly restricting the core executive’s room for manoeuvre in an area of policy-
making over which it has traditionally enjoyed considerable leeway (Burch and Holliday
2004).
Contracting one’s win set in this manner, Putnam suggests, brings potential risks as well as
rewards. Chief among these risks is the possibility of involuntary defection, with stricter
ratification procedures leaving the government unable to win approval at home for
agreements negotiated in the international arena. Ireland’s experience of treaty changes in
the light of the Crotty case speaks to this point. This landmark case before the Irish Supreme
Court established the legal test that only those treaty changes going beyond the essential
scope or objectives of the Communities and, therefore, inconsistent with the constitution
require a referendum. In practice, the subtleties of this test were rarely taken into account,
with successive governments putting all major treaty revisions—including the inter-
governmental Fiscal Compact—to a referendum rather than risk constitutional challenge
before the courts. Having thus seen its hands tied more than expected, the Irish government
saw the risks of involuntary defection become reality, with the Treaties of Nice and Lisbon
rejected first time round. That these ‘no’ votes occurred in spite of other
member states’ willingness to offer concessions to Ireland underlines the problems of double-
edged diplomacy under conditions of imperfect information and in the presence of well-
organised interest groups with intense preferences.
A government that finds its hands tightly bound in a two-level game may be in a stronger
bargaining position in some circumstances, but it could see its credibility compromised if
unable to deliver domestic backing for the results of international negotiations. The second of
these scenarios is of relevance for understanding David Cameron’s decision to block plans for
a EU treaty revision in December 2011. Faced with the prospect of a second backbench
rebellion over the EU in as many months, the UK Prime Minister could not have been certain
about his ability to win support for such a treaty change back home. The response of other
EU member states to this situation was also consistent with the theory of two-level games,
with the UK’s partners opting to press ahead with plans for an intergovernmental treaty
rather than wait on a state that was either unable or unwilling to strike a deal.
For EU scholars, the EU Act can be viewed as part of a wider phenomenon of post-Lisbon
constitutional politics. With the entry into force of the Lisbon Treaty in December 2009 some
politicians sought to draw a line under further treaty changes after attempts to push through
six major revisions in eighteen years. Nowhere was this view more prevalent than in the UK,
with the May 2010 Coalition Agreement between Conservative and Liberal Democrats ruling
out a ‘further transfer of sovereignty or powers [to the EU] over the course of the ...
Parliament’ (Cabinet Office 2010, 19). In fact, the Lisbon Treaty has served only to intensify
the process of treaty change in the EU, with 108 national ratification procedures launched
30
over the period 2011–12 alone. The UK, it would seem, is not alone in reconsidering the
rules of its Level 2 game in response to these developments, with the changes to Article
29.4.4 of Ireland’s constitution and the accompanying laws to increase parliamentary
oversight of EU affairs passed in Germany in response to the Federal Constitutional Court’s
Lisbon ruling (see Beichelt 2012) likely to have an important bearing on what can and cannot
be negotiated at Level 1.
While future governments would, in principle, be free to undo the EU Act, Foreign Secretary
William Hague has made clear his desire to see its provisions become part of the ‘accepted
31
constitutional framework of this country’. For students of UK politics, therefore, the Act
provides a further test case for the emergence of a ‘new Constitution’ (Bogdanor 2012). Of
significance too is the fact that the EU Act challenges the conception of the referendum as an
ad-hoc device used by the government to overcome internal party divisions (Bogdanor 2012,
32). This description may aptly apply to Harold Wilson’s decision to call a referendum on the
UK’s continued membership of the EEC in 1975, Tony Blair’s U-turn over the need for a
referendum on the Constitutional Treaty in 2004 and perhaps even David Cameron’s promise
of an in-out referendum by 2017, but it struggles to explain the double-edged diplomacy
behind David Cameron’s contingent offer of a hard to win referendum on all future EU treaty
changes.
About the Authors

Dermot Hodson, Department of Politics, Birkbeck College, Malet Street, London WC1E 7HX, UK,
email: d.hodson@bbk.ac.uk
TYING HANDS IN TREATY NEGOTIATIONS 15 Imelda Maher, University College Dublin, School of
Law, Roebuck Castle, Belfield, Dublin 4,
Ireland, email: imelda.maher@ucd.ie
Notes
1. Earlier versions of this paper were presented in September 2011 at the Society of Legal Scholars Annual
Conference and the University Association for Contemporary European Studies Annual Conference. Thanks to
Gavin Barrett, Donal Coffey, John O’Dowd, Joni Lovenduski and anonymous referees for helpful comments. The
usual disclaimer applies.
2. EU Act section 18.
3. See Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).
4. EU Act Sections 2–5.
5. The Coalition Agreement (2010, 19) states that the government ‘will ensure that there is no further transfer of
sovereignty or powers [to the EU] over the course of the next Parliament’.
6. R (Wheeler) v Prime Minister and Foreign Secretary [2008] EWHC 1409 (Admin).
7. Sections 2–3.
8. Article 48(2–5) TEU
9. Article 48(6) TEU
10. The EU Act also provides for a referendum before certain decisions under the existing treaties can be ratified
(EU Act section 6) but the focus in this paper is on treaty revisions.
11. For an alternative view see Bogdanor (2012, 190), who sees the Act as curtailing Parliament’s ability to
legislate.
12. The EU Amendment Act (2008) required an Act of Parliament only for treaty changes made via the Ordinary
Revision Procedure.
13. EU Act sections 5(3) and 5(4)
14. EU Act sections 4(1)(a)–(h) and 4(2)
15. EU Act section 4(1)-(f))
16. EU Act section 4(1)(i)–(j)
17. EU Act section 4(1)-(k)
18. EU Act sections 4(1)(m) and 4(3)
19. EU Act section 3(4)
20. EU Act section 4(1)(i)
21. EU Act section 4(1)(j)
22. EU Act section 5(4)
23. [1987] IR 713. para. 6
24. According to Eurobarometer (2008, 11), 60% of ‘no’ voters saw the rejection of the Lisbon treaty as
guaranteeing that Ireland would not have to change its law in this domain.
25. The European Council guaranteed this agreement in June 2009 but it was not until October 2011 that it sought
to embed this guarantee in the treaty through the so-called ‘Lisbon protocols’.
26. The deal on the number of Commissioners took the form of a political agreement to invoke Article 17(5) TFEU,
which allows member states to decide by unanimity not to reduce the size of the College of Commissioners
from November 2014.
27. Quoted in Barrett, 2012, 25.
28. The decision to ratify this treaty change without referendum was also unsuccessfully challenged in the Irish
Courts see Pringle v. Ireland [2012] IESC 47 (Supreme Court). A reference in that case was also made to the
ECJ see Case C-370/12 Pringle v. Ireland, 27 November 2012.
29. See Pringle where the government won the case by a 4:1 majority in the Supreme Court.
30. Four treaty revisions were launched using the Simplified Revision Procedure during this period. They
concerned: (i) transitional arrangements on the number of Members of the European Parliament; (ii) the
revision to Article 136 TFEU to allow the creation of a stability mechanism for the euro area; (iii) the accession
of Croatia to the EU; and (iv) Ireland’s Lisbon protocols. A treaty change concerning the
Czech Republic’s ‘opt out’ out from the Charter on Fundamental Rights—an eleventh hour concession secured by
President Václav Klaus in December 2009 before he agreed to sign the Lisbon Treaty—was postponed as a result of
domestic wrangling.
31. Hansard, vol 520 col 197, 7 December 2010.
Bibliography
Barrett, G. (2009) ‘Building a Swiss chalet in an Irish legal landscape? Referendums on European Union Treaties in
Ireland and the impact of Supreme Court jurisprudence’, European Constitutional Law Review, 5, 32–70.
Barrett, G. (2012) ‘The constitutional location of Europe’, UCD Working Papers in Law, Criminology & Socio-Legal Studies
Research Paper No. 06/2012.
Beichelt, T. (2012) ‘Recovering space lost? The German Bundestag’s new potential in European politics’, German Politics,
21:2, 143–160.
Benoit, K. (2009) ‘Irish Political parties and policy stances on European integration’, Irish Political Studies, 24:4, 447–466.
Benoit, K. and Laver, M. (2006) Party Policy in Modern Democracies (London: Routledge).
Bogdanor, V. (2012) ‘Imprisoned by a doctrine: The modern defence of parliamentary sovereignty’, Oxford
Journal of Legal Studies, 32:1, 179–195.

Burch, M. and Holliday, I. (2004) ‘The Blair government and the core executive’, Government and
Opposition, 39:1, 1–21.
Cabinet Office (2010) The Coalition: Our Programme for Government(London: Cabinet Office).
Cameron, D. (2009) A Europe Policy That People Can Believe In (London: Conservative Party), 4 November.
Cameron, D. (2013) ‘EU Speech at Bloomberg’, 23 (London: HM Government), 23 January.
Clark, W., Duchense, E. and Meurnier, S. (2000) ‘Domestic and international asymmetries in US-EU trade negotiations’,
International Negotiation Journal, 5:1, 69–95.
Coalition Agreement (2010) The Coalition: Our Programme For Government(London: Cabinet Office).
Coir (2008) Lisbon: A Step Too Far? (Dublin: Coir).
Costello, C. (2005) ‘Ireland’s Nice referenda’, European Constitutional Law Review, 1:3, 357–382.
Craig, P. (2011) ‘The European Union Act 2011: Locks, limits and legality’, Common Market Law Review, 48:6, 1915–
1944.
Eurobarometer (2008) ‘Post-Referendum survey in Ireland—preliminary results’, Flash Eurobarometer No. 245.
Evans, P. (1993) ‘Building an integrative approach to international and domestic politics: Reflections and projections’, in
P. Evans, H. Jacobson and R. Putnam (eds), Double-Edged Diplomacy: Interactive Games in International Affairs
(Berkeley, CA: University of California Press), 397–430.
Evans, P., Jacobson, H. K. and Putnam, R. D. (1993) Double-Edged Diplomacy: International Bargaining and Domestic
Politics (Berkeley, CA: University of California Press).
Gordon, M. and Dougan, M. (2012) ‘The United Kingdom’s European Union Act 2011: “Who won the bloody war
anyway?” ’, European Law Review, 37:1, 3–30.
House of Commons European Scrutiny Committee (2010) The EU Bill and Parliamentary Sovereignty (10th Report)
(London: House of Commons).
House of Lords Constitution Committee (2011) The European Union Bill (16th Report)(London: House of Commons).
Hug, S. and König, T. (2002) ‘In view of ratification. Governmental preferences, and domestic constraints at the
Amsterdam intergovernmental conference’, International Organization, 56:2, 447– 476.
Hug, S. and Schulz, T. (2007) ‘Referendums in the EU’s constitution building process’, Review of Interna- tional
Organizations, 2:2, 177–218.
König, T. and Finke, D. (2009) ‘Why risk popular ratification failure? A comparative analysis of the choice of the
ratification instrument in the 25 member states of the EU’, Constitutional Political Economy, 20:3, 341–365.
TYING HANDS IN TREATY NEGOTIATIONS 17 Konold, D. (2010) ‘Farm interests as bargaining chips: France in
the EU-Mercosur free trade negotiations’,
Journal of Public Policy, 30:3, 321–343.

Leventog ̆lu, B. and Tarar, A. (2005) ‘Pre-negotiation public commitment in domestic and international
bargaining’, American Political Science Review, 99:3, 419–433.

Lynch, P. and Whitaker, R. (2012) ‘Where there is discord, can they bring harmony? Managing intra-party dissent on
European integration in the Conservative Party’, The British Journal of Politics & International Relations, Early View:
10.1111/j.1467-856X.2012.00526.x.
Miller, V. (2001) ‘The European Communities (Amendment) Bill: Implementing the Treaty of Nice’, House of Commons
Library Research Paper 01/61, (London: House of Common Library).
Milner, H. and Rosendorff, B. (1996) ‘Trade negotiations, information and domestic politics: The role of domestic groups’,
Economics & Politics, 8:2, 145–189.
Mo, J. (1995) ‘Domestic institutions and international bargaining: The role of agent veto in two-level games’, American
Political Science Review, 89:4, 914–924.
Moravcsik, A. (1993a) ‘Integrating international and domestic theories of international bargaining’, in P. Evans, H.
Jacobson and R. Putnam (eds), Double-Edged Diplomacy: Interactive Games in International Affairs (Berkeley, CA:
University of California Press), 3–42.
Moravcsik, A. (1993b) ‘Armaments among allies: Franco-German weapons cooperation, 1975–1985’, in P. Evans, H.
Jacobson and R. Putnam (eds), Double-Edged Diplomacy: Interactive Games in International Affairs (Berkeley, CA:
University of California Press), s–167.
Murkens, J. E. K. (2012) ‘The European Union Act 2011: A failed statute’, Tijdschrift voor Constitutioneel Recht, 3:4, 396–
408.
Pahre, R. (1997) ‘Endogenous domestic institutions in two-level games: Parliamentary oversight in Denmark and
elsewhere’, Journal of Conflict Resolution, 41:1, 147–174.
Parker, G. (2008) ‘EU toast is rare treat for Brown’, Financial Times, 21 June.
Putnam, R. (1988) ‘Diplomacy and domestic politics: The logic of two level games’, International Organi-
zation, 42:3, 427–460.
Sterett, S. (1994) ‘Judicial review in Britain’, Comparative Political Studies, 26:4, 421–442.
Webb, P. and Childs, S. (2011) ‘Wets and dries resurgent? Intra-party alignments among contemporary Conservative
Party members’, Parliamentary Affairs, 64:3, 383–402.
Yowell, P. (2012) ‘The EU Act 2011: Law and politics’, UK Constitutional Law Group Blog, 19 January. Available online at:
http://ukconstitutionallaw.org/2012/01/19/paul-yowell-eu-act-2011-law-and- politics/.
On 2 October 2009 Irish citizens voted in favour of the

Lisbon Treaty, which they had rejected only sixteen months
earlier. This article investigates the reasons for the shift
from ‘no’ to ‘yes’ focusing on the economic recession and
the legal guarantees provided to Ireland after the failed
first referendum. The question this article tries to answer
is: Did the recession save Lisbon? The recession is,
however, not the only reason for the success of the yes-
campaign. The legal guarantees provided to Ireland help
the Government reduce fears about Lisbon in terms of
sovereignty and military neutrality. The recession and the
legal guarantees together defused the spirited no-
campaign and put the yes-campaign on the road to
success. In the conclusion I discuss the broader question
of whether the failed referendums on Nice and Lisbon are a
sign a growing Euroscepticism in Ireland. I conclude that
the failed referendums do not forecast a growing
Euroscepticism, but may point to a growing lack of trust in
national elites.
REFERENDUMS ON ISSUES referendum on European integration, ... EU treaty requires constitutional
amendment, ... treaty ratification,
http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/582041/EPRS_BRI(2016)582041_EN.pdf
The Irish referendum on the Treaty of Nice ... proposals for improving
these constitutional amendment ... The Impact of the European Integration Process
The Irish referendum on the Treaty of Nice ... proposals for improving these
constitutional amendment ... The Impact of the European Integration Process
ENLARGEMENT OF THE EU
Fifth European Conference organised by the European Institute of Public
Administration (EIPA), 4 – 5 March 2002 Maastricht
Preparation of national constitutions of candidate countries for accession

by Alfred E. Kellermann
Why adaptation of national constitutions?
It is in the interest of an enlarged EU to increase the effectiveness of its legal

order. Enlargement of the EU has as a consequence enlargement of its legal
order. The EC and EU proved to be a success story since after its existence many
new countries have applied for membership and acceded to the European
Community which is based on the rule of law. It was the rule of law as interpreted
by the European Court of Justice, which supported further integration.
To achieve security, democracy and effectiveness of the rule of law, it is
necessary to have an effective and transparent administration, an independent
judiciary and an adequate system of legal protection at EU and National level.
National constitutions and the national courts interpreting these constitutions
play an important role for the legal protection of the citizens of the European
Union and the candidate countries.
The national constitutional aspects are especially important in the pre-accession
period as the national constitutions of the candidate countries determine the
legal consequences of the rule of law in the national legal order: legal protection,
direct applicability, direct effect and supremacy, primacy or priority of community
law. They determine the capability to enforce Community law as for example the
Europe Agreements in the national legal order in the pre-accession period. (1) To
reach a satisfactory system of legal protection not only the texts of the
constitutions are decisive but also the interpretations given by the national courts
when interpreting the constitutions and constitutional laws (“living
constitutions”). These constitutional aspects as well as an adequate legal
protection have to be adjusted and regulated as far as possible before accession.
But also after accession adaptation of national constitutions will be necessary as
shows the example of the constitutions of the EU Member States.
At the national level enlargement will contribute in many candidate countries
most likely to the constitutional modernization of the country. The EU accession
will give impetus to fundamental changes in this respect. This will concern
especially the implications of their Membership for the national constitutional
provisions concerning the following topics:
A) The principle of the transfer of the exercise of certain state powers to the EU
deriving from national state sovereignty.
B) Supremacy, primacy, priority ,direct applicability and direct effect of
community law
C) Specific provisions of the EU and EC Treaty (European citizenship, voting rights
etc.)
D) Specific provisions in national constitutions which contradict the acquis
communautaire such as acquisition of land and real-estate by non-residents,
extradition of own nationals etc.
In this respect the candidate countries may learn from the problems and
experiences of the EU Member States. The Irish referendum on the Treaty of Nice
on 7 June 2001 is a recent example of these kind of constitutional problems of
enlargement. The Nice Treaty was concluded by the EU Member States by
common accord, but ratification is however yet not possible because of the
negative result of the Irish referendum. May the EU Member States for example
Ireland invoke their constitutional provisions in order to justify the negative result
of a referendum and postpone ratification? (2)
Above-mentioned considerations and practice have shown that there is a growing

and continuous need - before as well after accession - to adapt national
constitutions and constitutional laws and practice:
• Firstly, for some constitutions of applicant countries this adaptation is necessary
in order to be able to ratify the Treaty of the European Union. The constitutions of
the candidate countries should not form an obstacle for accession of the
candidate countries to an international organisation, as the EU for example is
considered. In some smaller candidate countries, who have regained their
independence since 1991 there are, however, political and psychological
objections against for example the transfer of sovereignty. If such a provision is
not in the constitution the candidate countries risk afterwards a constitutional
complaint.
• Secondly, the way in which some constitutional texts deal with the European
integration process is rather poor from a political and a psychological viewpoint.
In some national constitutions the way in which the texts deal with the European
integration process is rather poor and not transparent (“European Deficit”). For
example the Dutch Constitution where no reference at all is made to the EC or
EU.
In order to guarantee a more or less uniform legal language and terminology
concerning EU topics the applicant countries should draft better proposals for
constitutional texts in a multi country context. For political reasons the “European
deficit” of the national constitutions should be abolished. An example of the
constitutional drafting problems of terminology is the wording of transfer of
sovereignty in the English text of Article 90 (1) of the Polish Constitution which
speaks in the official Government translation (3) about delegation of the
competence of the organs of a State authority to an international organisation,
whereas it should be formulated as transfer of the competence to an international
organisation. The meaning of delegation in constitutional law is limited to transfer
of powers to a lower institution or organisation. The transfer of sovereign or state
powers to the European institutions is according to Community law, permanent
and it is not possible, to draw these powers back, as is suggested by the term of
delegation.
• Thirdly, there is a need to adapt national constitutions because many national

constitutional provisions are contrary to (See above under C - European
Citizenship, voting rights) or are not complying with the acquis communautaire
(See above under D - Extradition of own nationals, transfer of real estate ).
• Fourthly
The Copenhagen criteria for accession as mentioned in Agenda 2000 - the
stability of institutions guaranteeing respect for the rule of law, democracy,
protection of minorities and human rights - are topics which are generally laid
down in the national constitutions or constitutional laws and practice. For an
assessment if the national constitutions comply with these criteria and how these
principles work in practice and to evaluate if the respective rights are also
exercised in practice, an analysis of the national constitutional provisions and
practice is necessary and as a follow-up an eventual adaptation. The attitude of
the European Commission is in my opinion schizophrenic, as they consider the
drafting of national constitutions belonging to the people of each accession
country (4), whereas on the other hand in the Progress reports the European
Commission is reporting on the daily practice of the constitutional principles in
that country.
Finally a constitution is a moving target
Adaptation of national constitutions is aimed to contribute to improve the
capacity to implement and apply Community law in the current pre-accession
process, but also after accession as it happened with the EU Member States. The
acquis communautaire is a moving target. This implies that adaptation of national
constitutions is also after accession a continuing process. In this connection I like
to refer especially to the Declaration on the Future of the Union of the Treaty of
Nice and to the EU Charter on Fundamental Rights and last but not least to the
EU Convention which was inaugurated on 28 February 2002. These documents
will after ratification also belong to the acquis communautaire. Adaptation of
national constitutions is therefore a continuous process and a moving target like
the acquis communautaire.
For an efficient and effective preparation of national constitutions for accession

the following suggestions should be considered
1) In order to improve the capacity to prepare and adapt national constitutions

and constitutional practice taking into account the requirements of Community
law, the sharing of experiences with drafting and research project activities in
other candidate countries and EU Member States in a multi-country context is
suggested.
Multi-country co-operation in adapting national constitutions is improving the
quality of European constitutional law:
In its comparative approach a multi-country co-operation could support the
efforts of the applicant countries in order to guarantee a more or less uniform
legal language concerning EU topics and would stimulate the applicant countries
to draft better constitutional texts. Discussion on constitutional problems for
accession would raise the awareness of politicians, judges, experts in the
candidate countries and improve the practical and theoretical knowledge of the
national judiciary in the concept of primacy, direct effect and direct applicability
of Community law.
The following advantages may be added:
- It is useful to have an overview of possible adaptations of the constitutions and
constitutional practice of the applicant countries.
- The process could, however, also contribute after accession to proposals for an
adaptation or revision of the national constitutional texts, in which national
constitutional legislators will fully reflect the true importance of the European
integration process.
- The development and use of an uniform European legal terminology in the
national constitutions, concerning the relationship of Community law and national
law, could also contribute to the development of an European Constitution.
- Finally the multi-country process of adaptation would contribute to the debate
on the question how to establish a more precise delimitation of powers between
the European Union and the Member States, reflecting the principle of
subsidiarity, as mentioned in the Declaration on the future of the Union of the
Treaty of Nice.
The candidate countries will learn from the discussions and debates in a multi-
country context from each other’s experiences with respect to the process of
adaptation of their national constitutions for EU accession. In so doing, they do
not have to re-invent the wheel!
A comparative study on the adaptation of national constitutions and national
constitutional practice is useful for the implementation and understanding of the
application of Europe agreements by national courts in the national legal orders
of the countries participating in this project. The cases Gloszczuk, Kondova and
Barkoci (5) for example concern referrals from the High Court of Justice of
England and Wales and deal with the interpretation of the effect and scope of the
establishment provisions of the Europe Agreements. The European Court of
Justice considered that the right of establishment for the respective Central and
East European nationals implies a right of entry and residence and that these
rights may be enforced by national courts which rights are based on the non-
discrimination provisions of the respective Europe Agreement.
2) The theoretical and practical knowledge of Community law of persons who are
or will be involved in the preparation, implementation, interpretation and
application of national constitutional law and constitutions should be improved.
3) The awareness of civil society, national parliaments and governments of EU

candidate countries for the constitutional impact of EU accession should be
increased through organising debates, conferences and the dissemination of
reports in the national language of the respective candidate country and in
English for reasons of comparison.
4) The adaptation or amendment of national constitutions could take a long

period taking into account the complicated amendment procedures. Sharing
experiences with other candidate countries and with the Member States lawyers
as well as with lawyers from the European Institutions is necessary in order to
guarantee a more or less uniform legal language concerning the drafting of EU
topics. Such a joint co-operation would stimulate the applicant countries to
simplify the complicated constitutional amendment procedures and draft better
proposals for amendment of constitutional texts. The political support for
accession is changing sometimes negatively in the candidate countries and could
therefore form an obstacle for amendment of the constitution when the
amendment procedures take too much time. Therefore, proposals for improving
these constitutional amendment procedures are necessary and important for an
efficient adaptation.
5) For an effective implementation of the process of adaptation the following

group of persons should be involved
A) scholars, civil servants, judges, prosecutors, (staff) members of national
parliaments and government representatives from candidate countries
B) EU experts from candidate countries and EU Member states
The following activities should be executed:
Completing the annexed questionnaire (Annex I), establishing national study or
working parties and assistance in the drafting of the respective country report (in
two languages: the national language of the respective country and English);
Support in the organisation and implementation of the respective training
programme and briefings
6) The capacity of the national judiciary to apply Community law, especially those
principles which are relevant for the relationship between community law and
national law should be increased and the awareness of national judiciary of their
role as Community Courts should be promoted through workshops, briefings and
training sessions.
European Law requires that the candidate countries being a Member should apply
and give priority to Community law in the national legal order. It is therefore
necessary to train the national judiciary and prosecutors in the principles of
primacy, direct effect and direct applicability of Community law as well as in the
constitutional impact of accession. To comply with for example the Copenhagen
political criteria (democracy, the rule of law, fundamental rights, protection of
minorities) not only the texts of the national constitutions are relevant and
important but especially the interpretation (“living constitutions”) given by the
national judiciary and prosecutors in the candidate countries.
Participation in training sessions will raise the awareness of the participating

judges, prosecutors, experts in the candidate countries for the constitutional
problems of accession, legal protection and the rule of law. This is necessary as
the Copenhagen accession criteria refer explicitly to democracy, the rule of law,
human rights and protection of minorities, topics that are generally regulated by
the national constitution or national constitutional laws.
The topics addressed in these training sessions shall be the following:
• The nature of EC law: direct and indirect effect
• The application of EC law in national courts. In the pre-accession period a
comparative analysis of the decisions of the national (constitutional) courts giving
an interpretation of their constitutional provisions in relation to Europe
Agreements would be a necessary element in the training.
• The relationship between EC law and National law: Supremacy from the
European Court of Justice’s perspective and from the Perspective of EU Member
States Constitutions.
• The place of Human Rights in European law (EU Charter, European Convention
for the Protection of Human Rights etc).
The training programme demands full participation in case studies, exercises and
group-discussion. The lectures will be held in English, but translation (preferably
simultaneous) in the language of the participating country must be available, in
order to be used by the participants to train their other colleagues (training-the-
trainers). Therefore not only judges, prosecutors etc. will be invited for the
training but also university teachers in order to ensure the “training-the-trainers”
effect.
On the Asser website (www.asser.nl) English texts of the national constitutions of

the 13 candidate countries, and relevant documents and literature may be found.
In August 2001 the Asser Institute has published the Proceedings of the
Conference on the Constitutional Impact of Enlargement (20 – 23 September
2000) at EU and National level in book form (See Annex II). In this book a
proposal was published for a multi-country project for the development of some
European models of constitutions. These European models of constitutions should
focus especially on the relationship between the European Community legal order
and the national and sub-national legal orders.
These European models could further be helpful for the candidate countries for
the adaptation of their constitutions and for the development of a European
constitution.
FINAL REMARKS AND SUGGESTIONS

Adaptation of national constitutions is necessary before and after accession.
Before accession - the Constitutional acquis should be added to the screening

process.
The aim of the screening process is to help the countries concerned to increase
their understanding of the rules that underpin the EU and identify more clearly
which issues they need to address as they adopt and implement the acquis
communautaire.
The relevant sectors are identified but not the constitutional acquis. A chapter on
the constitutional acquis should be added and included. A post-screening meeting
should be held for the candidate countries aimed at helping them to understand
what the constitutional requirements of the accession process are about.
After accession - as the acquis communautaire is a moving target, the adaptation

of national constitutions will also be a continuing process. The Nice Treaty,
Charter of Fundamental Rights and the results of the EU Convention will have an
impact at the EU and National level.
For the EU Convention is suggested a top-down as well as a bottom-up approach.

This Convention which was inaugurated on 28 February 2002 should also focus
on the relationship of the European Constitution with the national constitutions of
the EU Member States and candidate countries. Developing European models of
national constitutions which focus especially on the relationship between the
European Community legal order and the national and sub-national legal orders
of the EU Member States and candidate countries, would be a bottom-up
approach which might support the development of a European Constitution. The
EU Convention should not consider only a top-down approach. This is also in line
with the Declaration on the Future of the Union as annexed at the Treaty of Nice.
The EU Convention in Brussels could recommend the establishment of a multi-
country working group in order to investigate the constitutional relationship
between the European Community and the national and sub-national legal order.
The EU Convention might also suggest recommendations for the approximation
of national constitutional texts in this context. For example an obligation for the
Member States to refer in their national constitutions to the EU and EC Treaties.
Another possibility could be considered similar as in the Canadian Constitution of
1982. Why for example not add an identical article from the Canadian
Constitution stating that “the European Union Constitutional Law includes the
constitutions of all Member States as interpreted by their highest Courts” It would
guarantee constitutional integration as well as constitutional and legal pluralism.
(6)
At this moment all signs suggest that the Convention will not stimulate a
doctrine-ridden debate of a European Constitution, which would no doubt have
been a lively debate with wise contributions but with little concrete results. In
order to avoid a theoretical debate and endless debating on the interpretation of
the term of Constitution, the term “Constituent Treaty for the European Union”,
was chosen. (7) However focusing more on the relationship with civil society and
adaptation of national constitutions which is a bottom-up approach, could render
Europe more effective and close to the citizens.
The Hague, 14 March 2002
Footnotes
1. EU Enlargement The Constitutional Impact at EU and National Level, Edited by

Alfred E. Kellermann, Jaap W. de Zwaan, Jeno Czuczai, T.M.C. Asser Press / Kluwer
Law International, The Hague, September 2001, Preliminary Conference Findings,
Results and Conclusions pp. LVIII – LXI, especially Conclusion No 8
2. Supra 1, p. 499 POST SCRIPTUM
3. Professor Dr. Stanislaw Biernat, from the Jagiellonian University in Cracow on
the other hand speaks about “transfer” of the powers in. Archiv des Volkerrechts,
Band 36 Heft 4, December 1998, in Constitutional Aspects of Poland’s Future
membership in the European Union, pp 398 – 424
4. Supra I. p . LX
5. The rights of self-employed CEEC citizens in the Member States under the
Europe Agreements, Dr Andrea Ott, ECJ 27 September 2001 – Case C-63/99 –
Gloszczuk; C-235/99 of 27 September 2001 – Kondova and C-257/99 of 27
September 2001 – Barkoci and Malik,; 20 November 2001 – C-268/99 – C-268/99
– Jany and Others - The European Legal Forum, 8 – 2000/-1, pp. 497 – 556
Also on the cases Gloszczuk, Kondova and Barkoci: Het rechtstreekse beroep van
Oost-Europese zelfstandigen op de Europa Akkoorden, Dr R.H.van Ooik & Dr
H.Staples, Nederlands tijdschrift voor Europees recht, December 2001, No.12.
6. Europe 2004, Le Grand Debat, Setting the Agenda and Outlining the Options,
Brussels 15 and
16 October 2001, European Commission, Action Jean Monnet, Antonio-Carlos
Pereira-Menaut, p.77.
7. Bulletin Quotidien Europe, No. 8157 of 23 February 2002
Annex I
Guidelines and questions for research on adaptation of national constitutions
National constitution
1) Do you classify your legal system as monistic or a dualistic? How is

international law implemented in the national legal order?
Does your constitution allow the transfer of legislative powers to international
organizations with or without limits? What is the legal situation in case of a
conflict of your constitution with the Treaty (primary law) or community
secondary law, and a conflict of a prior or later national law with the Treaty on EU
and EC Treaty? Do the relevant constitutional provisions for supremacy of
international law guarantee supremacy or direct effect of European law?
2) Would your constitution require amendment for the ratification of the EU
Treaty, EC Treaty, Euratom Treaty? If yes, how and which procedures for
amendment are used.
3) If your constitution has to be amended for accession to the EU, what are the
problems in
practice? Which procedures for amendment are to be followed?
Role of courts
1) Do the courts in your country accept the principle of direct effect and
supremacy of International Law obligations like for example Community law and
do the courts accept a different attitude for primary or secondary community law
and on which principles they base their reasoning (Community law, constitutional
law or international law)?
2) Do your courts recognise a rule of interpretation whereby national law must be
interpreted in conformity with international obligations (principle of indirect
effect)?.
3) Could you mention and comment on some interesting cases of your Supreme
Court and/or Constitutional Court dealing with such problems?
4) If a Community measure is inconsistent with prior international commitments
of the Member States and that States, do your national courts give priority to the
prior international commitments?
Role of Government/Administration
1) To what extent do the Government and Administration in your country

implement and/or apply in practice the acquis communautaire and the Europe
agreements?
Annex II
EU Enlargment
The Constitutional Impact at EU and National Level
Edited by
Alfred E. Kellermann, Jaap W. de Zwaan and Jeno Czuczai
SUMMARY TABLE OF CONTENTS
Foreword - Jaap de Zwaan

Preface - Laurence W. Gormley
Report on the Conference - Alfred E. Kellermann
SESSION I
The European Architecture
(Constitutional Order and Charter of Fundamental Rights)
Europe 2000 – the Constitutional agenda

Joseph Weiler
Drafting a Charter of Fundamental Rights of the European Union
Henry Schermers
On human rights and the idea of an EU Charter of fundamental rights
Roger Errera
The EU Charter of Fundamental Rights: A Building Block for the European
Constitutional Order
Ernst Hirsch Ballin
The impact of the EU Charter of Fundamental Rights on the candidate countries
Evgeni Tanchev
Institutional and Constitutional Challenges for the European Union
Some reflections in the light of the Treaty of Nice.
Jan Wouters
SESSION II
The National Level : Impact on Constitutions and Courts of EU Member States
The Dutch Constitution and Dutch constitutional values

Jit Peters, on behalf of the Minister of the Interior and Kingdom Relations of the
Netherlands
Constitutional Aspects of European Union Membership in the Original Six Member
States: Model Solutions for the Applicant Countries ?
Bruno de Witte
The British Way – Cohabiting with Community Law
Alan Dashwood
Ireland and the European Union: Constitutional Law and Practice
Gerard Hogan
The Danish Constitutional Order
Henning Koch
The Spanish Constitutional Order
Gregorio Garzon Clariana
The Adaptation of the Portuguese Constitutional Order to Community law
Manuel Moura Ramos
The European Union and the Greek Constitutional Order
Costas Chryssogonos
Introduction to the Problems in the Austrian, the Finish , and the Swedish
Constitutional order
Stefan Griller
The Constitutional Impact of the Forthcoming Enlargement of the EU: What can
be learnt from the experience of the existing Member States?
Francis G. Jacobs
SESSION III
National Level : Impact on the Constitutions and Courts of the Candidate
Countries
Europe Agreements in light of Sovereignty and Legitimacy: Case of Estonia (6733)

Anneli Albi
Introduction to the Partnership and Co-operation Agreements between the EU, its
Member States and the Newly Independent States from the Former Soviet Union
Christophe Hillion
The Mediterranean Countries Malta, Cyprus and Turkey
Constitutional Questions raised by the Proposed accession of Malta to the

European Union in the general context
Peter G. Xuereb
The Constitutional Impact of Enlargement at National and EU Level – The Case of
the Republic of Cyprus
Nicholas Emiliou
Introduction on the Constitutional Problems of Accession of Turkey
Mumtaz Soysal
The Central and Eastern European Countries
Legal and Quasi - legal Thresholds of the Accession of the Czech Republic to the
EC (4571)
Vladimir Balas
The Impact of the European Integration Process on the Creation of the broad lines
of the Constitution of the Republic of Poland and on the political practices of the
country
Janus Justynski
Estonia’s Constitutional Problems in Accession with EU
Tanel Kerikmae
Constitutional Amendments due to Bulgarian Full EU Membership
Evgeni Tanchev
Constitutional problems in Romenia
Aurel Ciobanu-Dordea
Constitutional Questions of the Preparation of Hungary to Accession to the
European Union
Attila Harmathy
Constitutional Aspects of the Accession of the Slovak Republic to European Union
Vlasta Kunova
The Impact of the European Integration Process on the Constitution of Latvia
Anita Usacka
Lithuania: The constitutional Impact of the Enlargement at National Level
Vilenas Vadapalas
Constitutional Problems in the period of Pre-accession in the Republic of Slovenia
Primoz Vehar
Constitutional Impact of the Eastward Enlargement in Central-Eastern Europe: An
Overview
Andras Nikodem
SESSION IV
IGC and Future Perspectives for the European Architecture
The Constitutional Issues on the IGC 2000 Agenda

Pieter van Nuffel
Reform of the Institutions and Procedures of the Union (ICRI)
Frans Andriessen
FINAL SESSION
Practical Implementation of the Challenges of Accession
Practical implementation by the acceding candidate countries of the EU

constitutional acquis – problems and challenges
Jeno Czuczai
The amendments of the Czech Constitution for the Accession to the European
Union
Jiri Zemanek
The German experiences to meet the challenges of the reunification
Michael Bothe
The impact of the EU Charter of Fundamental Rights in the perspective of
enlargement
Koen Lenaerts
Conclusions and Summing up of the Conference - Jaap de Zwaan
ANNEXES:
I. Opening and Dinner Speeches (Benschop, Verheugen, Corbett, Korthals)

II. Overview by Evgeni Tanchev of National Constitutional Provisions of candidate
countries
III.Overview of relevant literature and documents on the Asser Conference
Website (www..asser.nl)
IV Reports on the Asser Institute Colloquium in Agence Europe (28/08/2000,
28/09/2000,18/10/2000)
V. Protocol and Declaration on Enlargement annexed to the Treaty of Nice, as
finalised by the Legal/Linguistic Experts Working Party, Brussels, 14 February
2001
VI.Charter of Fundamental Rights of the European Union, OJ No. C 364 of
18.12.2000
VII. Project Proposal: The Constitutional Impact of Accession at the national level
of the candidate countries, The Hague, 3 March 2001
List of Participants
Constitutional Challenges of EU Accession ... View to the Ratification of the
Maastricht Treaty and the Treaty ... Constitutional Law and European Integration,
http://www.kas.de/wf/doc/kas_51231442130.pdf?111117143038
Germany's International Integration: The Rulings of
the ...
European Union Treaty). The decision has meanwhile ... declares
any constitutional amendment that infringes on ... between European integration
http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1438&context=auilr
Is a Second Referendum Appropriate in Order to Allow Ireland ...
A renewed effort to secure ratification of the Lisbon Treaty is now being considered
in IrishGovernment circles, in an effort to avoid the serious potential
The Constitution for Euro

https://www.scribd.com/document/258599144/TheConstitutionforEuropepdf
The EU, NATO and the Integration of
Europe_ Rules and

https://www.scribd.com/doc/316219818/FrankSchimmelfennigTheEUNATOandtheIntegrationof
EuropeRulesandRhetoricThemesinEuropeanGovernance2004

EAPN Policy Briefing # 26
July/August 2009
Foreword
Dear members,
This is our last policy briefing before the summer. The new European Parliament held its inaugural

session in Strasbourg on the 1416 July and welcomed President Barroso to speak. However, he was not
able to make his vision speech as planned, as the Parliament has postponed his confirmation as President
until after the 2nd Irish Referendum on the 2nd of October and the German Elections – A sign of resistance
from a new Parliament keen to flex its muscles, even if the result is likely to be the same. The low voting
rates reflects a waning of credibility for the European Parliament and a shift to the right, with the
worrying development of extreme right groupings including the racist BNP from the UK. However, the
Greens have also come back in force. We have high hopes, nevertheless of a more dynamic Parliament
which can do its best to challenge the current paradigm of “Growth and Jobs” as we move into 2010.
On the 12th of July, the Swedish Presidency set out its priorities for the Presidency: the economic crisis,
climate change and institutional issues (the Stockholm Programme – which sets out proposals on
citizenship, justice, security, asylum and immigration for the next 5 years (2010 – 2014). It will give a
stronger focus to unemployment and access to employment, particularly for young people and work on
the post 2010 strategy. We hope that Sweden will also use the Presidency to champion their still strong
universal services and minimum income model to insist on integrated Active Inclusion and antipoverty
approaches, giving support to a proper stakeholder debate on post 2010.
From the EAPN perspective it’s been a busy period. The very successful General Assembly in Vienna
marked the last of the 3 EAPN conferences organized since the middle of May. The Final Declaration
strongly supported the amended EAPN Position on post 2010: An EU we can Trust. EAPN has been
continuing to lobby on this, with letters to President Barroso and the new EP Party Group leaders. The
Spring Alliance (bringing together EEB, ETUC and the Social Platform) held a further conference and
finalised on the 12 July its manifesto for people and planet first. The launch will be held on the 28 th
September.
Finally, the EAPN Policy Team and the Secretariat wish to thank you all for all you hard work this year,
and wish you a very good and restful summer.
See you in the Autumn.
Sian Jones, Policy Coordinator
Note:
Policy Briefings aim at giving EAPN members on each area of EAPN Policy Work:
- Background information
- Latest policy developments and ideas for EAPN action
All EAPN documents, reports, position papers can be accessed on the EAPN website www.eapn.eu
Publications section. Information on each area of EAPN Working Groups is also available in EAPN
Members’ Room.
This tool is meant to make it easy for members to engage in EAPN policy work. For any comment or
suggestion of improvement, please contact Sian Jones at sian.jones@eapn.eu or by telephone on 00 32
226 5859
CONTENTS
1. 2010 YEAR OF COMBATING POVERTY AND SOCIAL EXCLUSION....182
2. OMC ON SOCIAL PROTECTION AND SOCIAL INCLUSION.................188
3. ACTIVE INCLUSION................................................................................. 18
4. THE LISBON STRATEGY AND EU RESPONSE TO THE CRISIS..........205
5. EMPLOYMENT........................................................................................ 213
6. STRUCTURAL FUNDS.............................................................................. 40
7. SERVICES OF GENERAL INTEREST /SOCIAL SERVICES..................... 45

1. 2010 YEAR OF COMBATING POVERTY AND SOCIAL
EXCLUSION
Contact person in the Secretariat:

Pauline Geoghegan + 32 2 226 58 63
pauline.geoghegan@eapn.eu
EAPN group in charge: EXCO
It is up to you! What you can do
At this stage, National Networks are encouraged to continue national preparations, such as:
 Familiarise yourselves with the national programme for EY 2010.
 Dialogue with the National Implementing Body to make sure that NGOs can contribute to and
benefit from the opportunities presented by the Year, including access to funding within
available within the national programmes.
 Plan activities for the national focus week in your country, in collaboration with other
stakeholders.
 Identify journalists and other media contacts who would be willing to work with you during
2010
 Contact other NGOs to see what are their plans, generate knowledge about the Year and discuss
possible common actions.
 Start planning political outcomes it is crucial to start defining in advance what your expectations are
for the year (such as new law, programme, political commitment, new body?).
 Start planning participation of people experiencing poverty, which should be a key feature of the
Year.
 Try to think of possible projects and contact project promoters: even if projects will be selected
through open calls, chances are always higher if planned in advance.
 It is also possible to start contacting larger institutions (such as media, museums, theatres, schools) to
plan other thematic activities, which might be financed from other sources than the more “official”
framework for the Year.
 And finally, do send information on the activities you are preparing for the Year to the EAPN
Secretariat, so that other networks can get inspiration from what you are doing.
For information – latest developments
National Implementing Bodies
Most countries have appointed their NIBs (National Implementing Bodies) and many of these have
prepared the national programmes and submitted them to the European Commission. A small
number remain to be submitted, and some have been approved by the European Commission.
Once approved by the European Commission, NIBs may issue calls for proposals/projects. We
know that in some countries (informal) agreement has already been made between NGOs and NIBs
on the type of projects likely to be funded under the programme. In all cases the calls for tender are
subject to the usual Commission criteria, of eligibility, co finance etc, though some member states
may chose to increase their co financing contribution thus reducing the amounts to be contributed
by NGOs.
If you have any specific concerns in relation to the NIB in your country or the way the Year is taking
shape, you can also contact the civil servant responsible for your country in the European Commission
Task force for the Year 2010, headed by Anne DegrandGuillaud in DG Employment Unit E2. Please
find the names of the members of the Task Force, and the countries for which they are responsible, as
below:
Group 1 Group Group Group Group Group

Nicole Antoine Christine Jevgenija Anne Elodie Fazi
Hubert SaintDenis Kotarachos Muhina Degrand
Guillaud
AT FR EL BG ES DK
BE SE CY EE HU SK
DE PL CZ FI IE IT
LU NL LV MT NO
SL LT UK IS
RO PT LI
Communication strategy
The European Commission has completed the process of contracting the agency, Mostra, that will
be in charge of the official communication around the Year. The agency will be responsible for
creating visibility at national and European level, including creation of posters, setting up of a web
site in all languages, creating a network of national journalist to work with for the Year. The
agency will also be providing technical support to each of the Member States: providing media
crew to cover events, support to create websites, organising press conferences, etc. A link to the
Year can be found here.
It is important that the communication strategy also gives visibility to the work and perspectives of
organisations working on the ground, and with this in mind EAPN has now met with the
communications agency, along with representatives from three members of the EY Steering Group,
and is now awaiting clarification on criteria for selection of an NGO advisory board for the Year
and for the selection of EY ‘Ambassadors’, the Media conference (programme and participation),
journalists’ contacts, and what kind of practical support could be available for EY activities.
Consultation
The European Commission is responsible for coordinating and implementing the activities for the
Year. A Consultative Committee has been set up including representatives of all the National
Implementing Bodies. This committee met on 17 April for an information exchange. Two NGO
representatives were invited to participate in part of this meeting. The next meeting of this
Committee will take place on 8 October 2009. An EU Stakeholders Group, entailing representation
from EU level NGOs, regional and local authorities, social partners, EU agencies, international
organisations, foundations and think tanks, met on 3 March. The next meeting of this group will
take place on 17 September 2009.
The main activities planned by the European Commission are:
 Media event 29 October 2009
Around 400 participants, mainly journalists and media stakeholders, will be invited for a one day
conference to reflect and discuss on how poverty is perceived and described, and what role media have in
counteracting stereotypes and combating poverty, and what the opportunities are in 2010 in terms of
media and visibility.
 Opening event 21 January 2010 in Madrid (coorganised with the Spanish Presidency). We have
not seen any draft programme yet.
 Journalist competition
The idea is that there will be a national selection and then a European prize for the ‘best’ ones. There is
no clarity yet on the criteria and process.
 Art exhibition
The European Commission is hoping to gather artistic collaborative projects (people experiencing poverty
working together with professional artists) from Member State level. The desired result is an exhibition at
the closing event of the Year.
 European Spring focus week 2010 (Idea picked up from EAPN.)
EAPN has asked the Commission and the NIBs to join and support in the idea of a week or 24 hrs of
broadcasting on Poverty during this first week. Moreover, the 9th meeting of People Experiencing
Poverty is planned to take place during the spring EU focus week.

 European Autumn focus week 2010 (Idea picked up from EAPN.)
The week will take place around the International Day against Poverty, 17 October. The aim is to
organise activities in Brussels, to create pressure and have an impact on the political outcomes of the
Year. In particular we are planning to organize a human ring around the EU institutions during
this week, possibly on October 12th, still to be confirmed.
 Closing event (coorganised with the Belgian EU presidency)
The idea is that there will be a political declaration and commitment from the 27 Member States to renew
EU level efforts to combat poverty and social exclusion. EAPN and its colleagues within the EY NGO
coalition are working to see how to influence this declaration.
The other EU Institutions
At this moment there is little information on what the European Parliament, the Economic and

Social Committee, or the Committee of Regions will do for the Year. However, EAPN together with
the coalition of NGOs at European level will be seeking support and partnership with all these
institutions in order to create visibility and momentum for the Year.
EAPN Activities
- The EAPN June seminar bringing together key EAPN working groups, focusing on the
political legacy for 2010 was an important occasion to shape the EAPN messages and demands
for precise political outcomes of the Year – both for the national levels and for the European
levels. The June 2009 General Assembly also gave a strong focus on preparation
- EAPN Europe is continuing to coordinate a broader NGO coalition at European level. The
‘NGO Steering group’ that includes 8 European level organisations, meets every month. A
broader NGO Contact Group, involving over 40 EU networks, meets every three months. The
next meeting of this Group will take place on September 14 2009. The key elements and
planned activities of the cooperation are:
 Formulating common political messages and demands for the Year
In addition to individual and more precise demands that each network might be having, we are
aiming to have a shared set of political messages that could be supported by a broad coalition
of NGOs. We expect that these should be agreed in early autumn (September 2009).
 Supporting our national networks
Giving support and motivation to national level actors to get involved, and ensuring visibility to
national level work and actions, in particular around the National Focus Weeks.
 Developing a shared web site
The initial work has started to create a web platform for the Year that can give visibility to all
the NGO activities going on, but also to the situation in each country and the demands for
action put forward. The aim is to launch the web site in October 2009.
 European Spring focus week (May)
The aim is that the spring week would focus on raising awareness and giving visibility to the
situation of poverty in Europe, through mainly giving visibility to national levels. In order to
create a link, the idea is to promote 24hrs (or 12hrs) of broadcasting. We will try to mobilize
community media as well as public broadcasting and private press to talk about poverty and
social exclusion at the ‘same time’.
 European Autumn focus week (October)
The aim is to organise activities in Brussels, to create pressure and have an impact on the
political outcomes of the Year. In particular we are planning to organize a human ring around
the EU institutions during this week, possibly on October 12th, still to be confirmed.

National networks
National Networks are already getting active around the Year, and many have already been consulted as
part of the National Advisory Groups, started defining activities and projects.
National Focus weeks: Almost all national networks have indicated the dates for their national focus
week. Some countries are still missing. We are trying to promote the idea that the NIBs should support
activities during this week.
Update of the planned National Focus Weeks (as at 24/06/2009).
Date Country Date Country

1) Jan 4-10 27) Jul 5-11
2) Jan 11-17 28) Jul 12-18
3) Jan 18-24 29) Jul 19-25
4) Jan 25- 31 30) Jul 26-Aug 1
5) Feb 1-7 Ireland 31) Aug 2-8
6) Feb 8-14 32) Aug 9-15
7) Feb 15-21 Romania 33) Aug 16-21
8) Feb 22-28 Austria 34) Aug 22-28
9) Mar 1-7 Hungary /France 35) Aug 29- Sep 5
10) Mar 8-14 Slovenia 36) Sep 6-12
11) Mar 15-21 Luxembourg 37) Sep 13-19 Lithuania
12) Mar 22-28 38) Sep 20-26 Belgium
13) Mar 29- Apr 4 39) Sep 27-Oct 3 United Kingdom
14) Apr 5-11 Malta 40) Oct 4-10 Portugal
15) Apr 12-18 Czech Republic 41) Oct 11-17 EU Focus Week (tbc)
16) Apr 19-25 Slovakia 42) Oct 18-24 Cyprus
17) Apr 26- May 2 43) Oct 25-31 Sweden
18) May 3-9 44) Nov 1-7 Denmark
19) May 10-16 45) Nov 8-14 Greece
20) May 17-23 46) Nov 15-21 Italy
21) May 24-30 EU week 47) Nov 22-28 Finland
22) May 31-Jun 6 Spain 48) Nov 29-Dec 5
23) Jun 7-13 49) Dec 6-12
24) Jun 14-20 Poland 50) Dec 13-19
25) Jun 21-27 Germany 51) Dec 20-26
26) Jun 28- Jul 4 52) Dec 27-Jan 2
Still to confirm: Bulgaria, Netherlands and Norway
The EAPN Executive Committee has agreed that each national network would work towards:
- The organisation of one national event during their respective focus week (seminar, roundtable,
meeting of PEP, direct action, …etc)
- To produce some basic national information in relation to poverty and social exclusion. In a few
weeks we will be fixing a timeline and also providing a template for this providing the more
general outline.
Background information
Following a campaign supported by EAPN, 2010 has been proposed as the EU Year for Combating
Poverty and Social Exclusion. Yet this is far from being the first European Year dedicated to a specific
cause: many NGOs have already been involved with previous ones, such as the 1997 Year against racism,
2003 Year of people with disabilities, or 2007 Year of Equal Opportunities for all.
Aiming primarily at raising awareness and launching public debates, these Years also led to major
political developments, such as the Directive on the fight against racism at the workplace. Building on the
experience of previous EU Year, it can therefore be expected that 2010 will lead to:

Better dialogue with government and public authorities – especially in those countries where civil
dialogue is still lacking or in development
Strengthened political commitment – new measures or more visible political commitment to the fight
against poverty
Better awareness of the reality of poverty – questioning of stereotypes and stigmatization of people in
poverty, but also questioning of the causes of poverty
Funding for projects and activities – from the local to the national level
Alliances and coalitions, with NGOs and others.
Main contacts
European Commission
- Anne DegrandGuillaud, Coordinator of the 2010 Task Force, Inclusion Unit (EMPL E2),
Anne.Degrand@ec.europa.eu, +(32) 2 296031
- Elodie Fazi, member of the 2010 Task Force, Policy Officer - European Year 2010 for combating
Poverty and Social Exclusion, elodie.fazi@ec.europa.eu, +(32)2 2964406
In the Member States
The National Implementing Body (NIB) is central to the process and will coordinate activities at national
level. Please contact the EAPN secretariat if you don’t have the contact details of your NIB..
Background resources and documents

The Decision establishing the Year, adopted in October 2008, can be found in English by clicking here.
To see it in all EU languages, please click on your language on the official journal website, and select the
relevant decision (Decision No 1098/2008/EC).
The Strategic Framework Document adopted in November 2008 (guidelines for Member States) can be
found in all EU languages by clicking on the links: BG, CS, DA, DE, EL, EN, ES, ET, FI, FR, HU, IT,
LT, LV, MT, NL, PL, PT, RO, SK, SL, SV
EU webpage on 2010 (to be soon replaced by www.2010againstpoverty.ec.europa.eu)
Special Euro barometer 279 Poverty and exclusion September 2007 (What the European citizens think
about poverty and exclusion)
EAPN key positions and past action
The 2010 Year will be all the more special for EAPN as the idea emerged from our network, and as 2010
will mark the deadline the EU set itself to make a decisive impact on the eradication of poverty. For more
detailed information on the background of the Year and possible actions, please refer to the TOOLKIT
which has been developed in this purpose and has been updated in January 2009.
2. OMC ON SOCIAL PROTECTION AND SOCIAL INCLUSION
Contact person in the Secretariat: Sian Jones + 32 2 226 58 59

Sian.Jones@eapn.eu
EAPN group in charge: Social Inclusion Working Group
It is up to you!!! What you can do.
- Register and participate in EAPN Social Inclusion Working Group Meeting and EAPN
Denmark’s Seminar on 2010, to be held in Copenhagen on the 12/13 and 14th November.
- Respond to the Questionnaire on the social impact of the crisis by the 4th September.
- Respond to the Questionnaire evaluating the Lisbon Implementation Reports on the Crisis by
the 31st October.
- Contact your SPC and government representations to give your input on the crisis and on the
thematic year.
- .Check the calendar of Peer Reviews to see if you can ask to participate as part of your country
delegation.
For information – latest policy developments
Social Impact of the Economic Crisis.
At the SPC meeting on the 1 and 2 July, a roadmap and skeleton was agreed for the 2 nd monitoring
report on the social impact. The questionnaire will completed by Member States between the 22 nd
September and 12th October. The draft joint SPC/COM Monitoring report will be presented in the
SPC meeting on the 21 October and adopted on the 10th November. This will also form a chapter of
the Joint Report 2010.
April 2009 The SPC has published its assessment of the social impact of the crisis and policy responses
as part of its contribution to the EU’s deliberations on the crisis. The assessment analyses the impact in 4
areas: 1) labour market, 2) Income support, 3) measures to mitigate financial crisis on households and 4)
investments in social and health infrastructure.
End of May 2009: New PROGRESS Transnational Call on Social Experimentation

(VP/2009/005) Closing date: 1st September See: http://ec.europa.eu/social/main.jsp?
catId=630&langId=en&callId=217&furtherCalls=yes.The call is aims to support the
testing out, evaluation and mainstreaming of new policy approaches related primarily to
active inclusion, child poverty and access/quality health/long-term care. NGOs can
apply but under specific conditions and would need to be part of a partnership with
public authorities (local, regional/national level) and bodies with specific evaluation
expertise. Questions should be sent by email only to: empl-progress-vp-2009-
005@ec.europa.eu
15 – 16 May, 8th Meeting of People Experiencing Poverty. The 8th Meeting was hosted by
the Czech Presidency and the Commission, organized by EAPN, and was held in the
Palais d’Egmont. It focussed on the theme: Where we live, what we need. Over 200
people participated in the event, the majority being people directly experiencing
poverty from the 27 member states, together with their national coordinators. The
participative workshops focussed on 3 key areas: financial exclusion, housing and
access to other key services.
2009 Round Table on Poverty: 16th October 2009, Stockholm.
The final title will be: Social inclusion in times of recession - New challenges for the
Active inclusion strategy.On the 14th May, a 2nd meeting was held between the Swedish
Presidency, the Commission and social NGOs. EAPN Sweden is part of the delegation
with the Swedish Presidency. The focus of the event will be on Active inclusion in times
of recession – new challenges, with a strong focus on reinforcing the social OMC and
building for 2010. The revised programme makes governance and participation and the
role of the OMC cross-cutting issues, as well as putting more emphasis on linking the
Conclusions to the Legacy for 2010. However, there will be no linked informal Social
Ministers meeting, like under the French Presidency, which weakens its potential for
political impact.
Social OMC – Thematic Focus: Homelessness and Housing Exclusion
This year the thematic focus for this “light year” (when there is no National Strategic Report) is
Homelessness and Housing Exclusion.
June/July 2009: the SPC members returned their responses to the Questionnaire by the 15 th June. A
first discussion took place in the meeting on the 2 nd July. Although some individual NGOs were
consulted, there was no formal stakeholder discussion at national level, despite EAPN warnings.
The responses will also be analysed by the Networks of Independent Experts and a report published,
which will provide the basis for a conference at the end of the year. The questionnaire covers the overall
policy framework, access to housing for homeless people and quality of housing, use of integrated active
inclusion approach, governance, evidence/monitoring and evaluation.
- Other activities financed through PROGRESS on Homelessness and Housing Exclusion will include:
o A study on housing exclusion carried out by University of York, started on the 15 th of
January 2009 will take 15 months to complete.
o A Peer Review on measurement of homelessness and housing exclusion in Austria.
o Several Mutual learning projects and the Network of Local Autorities Observatories
o Development of indicators on housing costs and housing deprivation
o Social Situation Report with a thematic focus on housing.
Minimum Income Report
The synthesis draft report is now being debated with the Commission and the
national experts. It should be finalised at the end of August and published in
September. The independent expert national reports will also be translated and
published on the website.
The report will assess access, adequacy, coverage, sustainability and the link to
integrated Active Inclusion approaches. It will aim to propose recommendations for
better implementation of adequacy amongst other themes.On May 18th, the National
Independent experts, coordinated by Eric Marlier and Hugh Frazer submitted their
national reports on minimum income.
Reinforcing the OMC
Following the Communication published in July 2008 on Reinforcing the OMC (July 3rd 2008), the SPC’s
2009 Work Programme highlights 4 areas for progress.
 Better dissemination, implementation and follow up.
 Targets.
 Mainstreaming social objectives.
 Regular meeting with SPC and social partners and with EU NGO’s.
New Developments:
 The Social Inclusion Unit is preparing a study on Reinforcing the OMC. It should be
starting in May for 15 months, and will be delivered through a Framework Contract. It
will have two parts:
1) Assessing the effectiveness of the OMC, developing a methodology or assessment
framework similar to the log frame used in the Lisbon National Reform Programmes. It is
proposed to have a seminar with stakeholders by the end of the year to debate this –
including NGO’s and academics.
2) Application of the Framework to assess the OMC,
a. Evaluate the effectiveness of the tools – ie Strategic Reports, Indicators etc.
b. The impact on member states in terms of content and governance.
Other steps being taken:
 The Social Inclusion Unit is trying to ensure other areas of follow up to the
Communication eg Targets – The SI Unit is preparing a study on developing targets to be
discussed with the SPC. We understand that the European Parliament is also doing a study
on the OMC, contracted to IRS – Italy.
Study on Stakeholders´ Involvement in the Implementation of the OMC

in Social Protection and Social Inclusion
 The first part of the study has been completed in July: 27 country reports,
giving an overview of the state of affairs on stakeholders' involvement in
the different EU Member States, However, few EAPN networks have been
consulted and should contact their national independent experts to
provide input.
 The latest information can be found on here.
 A first stakeholder conference on the findings will be held in the Autumn.
The study is contracted out to a consortium which includes: INBAS GmbH and
Engender asbl It aims to analyse the key challenges in relation to the governance
dimension in the Revised Common Objectives for the Fight Against Poverty and Social
Exclusion, in particular on the involvement of stakeholders. It will aim to support the
implementation of better policies and the improvement of governance in the fields of
social inclusion and social protection policy, as part of the efforts to strengthen the
OMC. A key outcome will be to provide recommendations, benchmarks and good
practices, as well as examples of practical tools to improve the quality and permanence
of stakeholder involvement in the implementation of the OMC. It will be completed in
June 2010. Specific outputs will include:
 A final report presenting the main conclusions and recommendations

 Leaflets for wider dissemination
Social Impact Assessment
June: New Study produced: Assessing the social impacts of European policies.
The study uses a database to give an overview of social impact assessment
techniques and examined different assessment methods in 4 different areas:
trade, internal market, transport and energy. It then sets out a roadmap for
selecting the most appropriate method. http://ec.europa.eu/social/main.jsp?
langId=en&catId=89&newsId=485&furtherNews=yes
DG Employment has produced a draft Guidance document in April aiming at strengthening the quality of
the assessment of potential social impacts of Commission initiatives through a common framework and
reference document for all Commission services. A workshop was held with the Social Platform on the
19th May to give feedback.
Background documents:
 European Commission Revised Impact Assessment Guidelines
 Social Platform contribution to the consultation on Impact Assessment
 EAPN contribution to Impact Assessment consultation and to the Peer Review.
Previous Developments
The Joint Report on social protection and social inclusion 2009 was adopted on the 19th February 2009 by
SPC together with the Supporting Document and the country annexes. The Spring Council endorsed the
key messages from the Joint Report and emphasized the role of automatic stabilisers in the Economic
Crisis (see Lisbon Section).
Peer Reviews: The Social OMC Peer Review Programme for 2009 has now been finalised. Full details
can be found on the Peer Review website.
The following Peer Reviews have been completed and the reports are on the website.
Estonia Hungary Italy Lithuania
Combining choice, quality and
1.4.2009 Denmark Portugal Romania Spain The
equity in social services
Netherlands United Kingdom
Alzheimer's and other related Czech Republic Finland Germany
5.
France diseases: coping with behavioural Luxembourg Poland Slovenia The
6.5.2009
disorders in the patient's home Netherlands United Kingdom
27. Greece Integrated programme for the social Finland France Germany Hungary
28.5.2009 inclusion of Roma Spain
Ensuring a functioning healthcare Finland France Greece Ireland
15.
Germany system in regions with declining and Portugal Romania Slovenia United
16.6.2009
ageing populations Kingdom
6. United The City Strategy for tackling
7.7.2009 Kingdom unemployment and child poverty
Material Deprivation:
New EU poverty Indicator: The indicators subgroup of the SPC has just added a new indicator to
the existing range of EU poverty indicators. This one aims to measure poverty of living conditions,
and the impact of low income on access to basic resources eg insufficient money to pay the rent, eat
meat regularly, go on holiday etc. The data is collected in the EUSILC.
The SPC in February discussed the use of material deprivation indicators which are now collected
through the EU SILC The Paper: What can be learned from deprivation indicators in Europe by Anne
Catherine Guio – IWEPS, Belgium aims to supplement the relative picture of poverty with an alternative
view based on material deprivation – enforced lack of a “basket of goods”.
SPC Work Programme agreed on 15 January 2009
The main areas relate to: monitoring the impact of the crisis and follow up on active inclusion, child
poverty as well as new concerns. These include:
1) Preparation of the 2009 Spring Council the and Joint Report
2) Reflection on EU social policy linked to the Lisbon Agenda post 2010. The Joint SPC and Indicators
Task Force will work with the EMCO and EPC to review Lisbon Strategy beyond 2010 in first
semester followed by full SPC debate. (Starting on March 18 and finalising opinion in July)
3) Key Thematic Areas
- Active Inclusion: with the focus on the implementation of the Commission Recommendation,
through the SPC working Group ( see next section)
- Homelessness and Housing Exclusion – will be the thematic focus in 2009
- Mainstreaming social aspects of migration and ethnic minorities – including issue of
Roma.
- Preparations on 2010 and ensuring visibility.
4) Work on Indicators through Indicators Subgroup (ISG)
Main focus will be on:
- Link between Lisbon, OMC and Social Agenda – developing indicators on flexicurity and
methodological recommendations to help in identifying and defining national targets.
- Developing indicators to monitor Active Inclusion, housing exclusion and material
deprivation, child wellbeing, improving theoretical replacement rates.
- How to monitor changes in prices on food/energy for lowincome households and for
monitoring the economic crisis.
Independent Expert Reports
The draft proposals are for 3 Reports:
1) Minimum Income – this will be developed in the first 6 months.
2) Homelessness and Housing Exclusion – based on an SPC questionnaire.
3) Impact of the Crisis at the end of the year.
2008
15/16
th
October 2008 7
th
Round Table on Poverty and Social Inclusion – Marseilles, French
Presidency.
The focus of the Round Table was on Active Inclusion and coincided for the first time with an Informal
Council meeting. The Conclusions highlighted:
o Endorsement of the Active Inclusion Recommendation
o 3 Innovations – involvement of People experiencing poverty, the involvement of the media
and the political momentum with the Informal Ministers meeting.
o In the Ministerial Meeting: no agreement was reached on Targets, although agreed
importance of national targets and the need to define new tools to implement and monitor
the OMC in this respect. A watchdog group was set up to analyse changes in the situation
of poverty and “if necessary, call on the European Institutions to take a concerted response”
See: French Presidency Site
6th October 2008. EC Staff Working Document: “Monitoring progress towards the objectives of the
European Strategy for Social Protection and Social Inclusion, which reviews the full set of indicators
developed and agreed by Member States in the context of the Social OMC. This document gives useful
data on current trends on poverty, exclusion and inequality and assesses the impact of the growth and jobs
strategy.
September 2008: National Strategic Reports submitted to Commission on social protection and
social inclusion by Member States. Most reports were submitted on time. (See EAPN analysis below).
EAPN activities
In 2009:
Social Inclusion Working Group
June/July
-
The Social Inclusion Working Group actively participated in the EAPN Joint Seminar on
Post 2010, and the subsequent working group meeting on the 29 and 30 th
May 2009.
th
-
The main focus of the WG was the follow up to the seminar related to EAPN’s position on
post 2010, input to the thematic year: homelessness and housing exclusion, debating the
draft adequacy explainer on minimum income, exchange on promoting participation in
EAPN and EAPN good practice publication and checklist..
-
Main outcomes: Adequate Minimum Income Explainer, is now in its final draft and will be
published in September – the reference group providing input includes (FR, RO, AU)
-
A reference group has been set up to help develop the Participation and Governance
booklet on the OMC. ( PT, IE, ES, HU)
-
The Group agreed to complete a new questionnaire on the crisis by the 4 September, to th
feed into a report on the social impact to be ready for the Round Table on the 17 October. th
This will be linked to another short questionnaire evaluating the effectiveness of the Lisbon
Strategy response – evaluating the National Reform Programmes 2009 Implementation
Reports.
-
The next meeting will be on the 12/13/14 November in Copenhagen
Lobbying and Advocacy on the Social OMC
In June/July:
- EAPN actively worked with members of the SIWG to organize the EAPN Seminar: Beyond
2010 on the 29th May 2009 and developing the draft EAPN position paper on post 2010: An
EU we can trust. The amended draft was then further discussed in the EAPN General
Assembly in Vienna on the 11/12 and 13 June and endorsed by the GA final declaration.
- A lobbying letter was sent to President Barroso and to the new group leaders in the
European Parliament, prior to Barroso’s first intervention in the new Parliament on the 15
July.
- July 2009: EAPN has been finalising the adequacy explainer on minimum income, and has
liaised and met with the authors of the synthesis report on minimum income. EAPN has
been pressing for a strong focus on adequacy, coverage and take up and for
Recommendations which insist on further EU instruments including a Framework
Directive.
- EAPN has liaised with the Commission (Antoine StDenis) and the consultants contracted
to deliver the Study on Stakeholder involvement in the Social OMC.(ENGENDER),
highlighting EAPN experience and documents. EAPN will be invited to participate in the
Autumn Seminar.
- EAPN has liaised with the Commission (Antoine StDenis), on the new call on social
experimentation and provided information/support to EAPN members who are interested
in making an application
- EAPN has continued to liaise with the Swedish Presidency and the Commission, and EAPN
Sweden on the programme and process of the Swedish Round Table. EAPN hopes to get
the invitations to the networks confirmed shortly, and the participation of people in
poverty. The President of EAPN will speak in the main plenary and Fintan Farrell,
Director will be the rapporteur for the workshop on Active Inclusion.
- EAPN has worked with other NGO’s to finalise a joint position on Reinforcing the Social
OMC at the beginning of June; see www.socialplatform.org. The Social Platform will
present this contribution to the SPC meeting on the 14th September in Stockholm
In 2008:
- December 2008: Lobbied for improvements on the Draft Joint Report.
- November 2008: Developed proposals on a social response to the Economic Crisis based on
discussions with all key working groups, as an input to the Commission’s Economic Recovery
Package.
- October 2008: Developed Principles and Key Messages on Active Inclusion for the Round
Table, and actively lobbied for the full Commission Recommendation with EPSCO endorsement
and follow up.
- October 2008: Engaged in the National Action Plans and delivered an EAPN Assessment Report
on the 200810 reports: Building Security, Giving Hope
- April 2008:Made proposals on Strengthening the OMC.
- February 2008, held a capacity building seminar and developed together a new Tool Kit, to
support members engagement in the 200810 National Action Plans on Inclusion
- February 2008 EAPN inputted to the proposals on the Guidelines for the National Strategic
Reports
Key Concerns
- Backing a stronger OMC – with improved governance, hard EU and national targets and more
effective mutual learning and tools and stronger political commitment to delivery on overarching
strategy
- Implementing Active Inclusion approaches in member states.
- Effective follow to Child Poverty
- Ensuring a social response to the Economic Crisis – through the OMC.
At the Lisbon European Council of March 2000, Member States and the European Commission agreed to
take steps to “make a decisive impact on the eradication of poverty by 2010” and fixed the Union's ten
year strategic goal of sustained economic growth, more and better jobs and greater social cohesion.
Fighting poverty and social exclusion is a key element in ensuring that the EU meets this commitment.
Member States since coordinate their policies for combating poverty and social exclusion on the basis of
a process of policy exchanges and mutual learning known as the 'Open Method of Coordination' (OMC),
which had already been used in the employment field. From 2001 to 2005 this method only focused on
social inclusion and was developed around a set of four objectives on the fight against poverty (access to
resources, rights, goods, services and employment, prevention of poverty, addressing situations of
poverty and mobilising all actors including NGOs). Since 2006, three policy areas are jointly addressed
through this process, now known as the streamlined “Open Method of Coordination on social protection
and social inclusion”:
1. The fight against poverty and social exclusion
2. Adequate and sustainable pensions
3. Accessible, high quality and sustainable health and longterm care.
The Open Method of Coordination involves:
 Agreeing EUlevel common objectives (these were revised in 2006 to reflect streamlining)
 Developing common indicators to measure progress towards these objectives and ensure
comparability
 Developing National Reports on Strategies for Social Protection and Social Inclusion, which translate
these objectives into policies at national level. The National Action Plans on social inclusion
(NAP/incl) remain selfstanding Plans and make up one of the sections within these reports
 Establishing a Community Action Programme, promoting policy cooperation, exchange of good
practice and European level mobilisation. This programme will be replaced in 2007 by the
PROGRESS Programme (see separate section)
 European reports (Joint Reports by the Council and the Commission) documenting the outcomes of
the process and highlighting the key challenges ahead.
Each year which falls inbetween the main National Strategic Report (known as a ‘light year’), the
Commission will identify a key priority theme on which it will focus activities in the Social inclusion
field. The theme for social inclusion for 2007 was Child Poverty.
In 2008 the Member States prepared the National Reports on Strategies for social protection and social
inclusion 200811 which are timed to coincide with the revised Lisbon process of the National Reform
Programmes (see Lisbon strategy section). The reports were supposed to based on the new Guidance Note
(see background resources).
Strengthening the OMC
3rd July 2008, the Commission published a new Communication on “Reinforcing the OMC on social
protection and social inclusion”, as part of the renewed Social Agenda package
Timeline
The 200811 National Strategic Reports on social protection and social inclusion were to be submitted to
the Commission by the 15th of September, and at the latest by the 30th September 2008.
Responsible for the OMC Social protection and social inclusion
National level: National Ministries, EU Social Protection Committee member, National independent
experts on social inclusion.
European level: Commission: DG EMPL, Unit E2. The officer responsible for writing the Joint Report is
Katarina Lindahl.(Katarina.Lindahl@ec.europa.eu) The EAPN contact person in the unit is Peter Lelie
(Peter.Lelie@ec.europa.eu), he is also responsible for follow up on governance and strengthening the
OMC, Peer Reviews and Independent Expert Reports..
The Commission contact person for Homelessness/Active Inclusion: Michele Calandrino
(Michele.Calandrino@ec.europa.eu).
Desk Officers: These officers write the country evaluations for the Strategic Reports on SPSI and often
also on the National Reform Programme and Structural Funds. See contact list
See Europa Website page on the Open Method of Coordination Commission documents (including
objectives, indicators, reports, guidelines, contact lists):
Peer Review: See website to access reports and calendar
.Key Documents in 2008/9
- February 2008 Guidance Note for preparing National Strategic reports, supporting document, manual
for Gender Mainstreaming and Discussion paper on Disability.
- 2nd July 2008: Commission Communication on proposals for Reinforcing the OMC
- 30th September: National Strategic Reports on social protection and social inclusion.
EAPN was instrumental in bringing about the agreement in Lisbon in 2000 to set up the OMC on social
protection and social inclusion. In arguing for a true European strategy to fight poverty and social
exclusion, its main concerns were to achieve a true impact on poverty throughout the EU by promoting
better participation, partnership and mainstreaming of social inclusion in all policies.
EAPN’s involvement in the OMC since the outset has been at both national and European level. At
European level, this has meant contributing to the various stages in the setting up of the initial social
inclusion strategy and later on in the shift to a ‘streamlined’ approach to the OMC on social protection
and social inclusion. Influencing the content of the overall objectives in the fight against poverty, the
framework of the National Action Plans on social inclusion, the interaction between the OMC and the
Lisbon strategy of growth and jobs, contributing to the content of the European reports on the National
action Plans and the evaluation of the OMC… these are some of the key actions which the network has
taken forward in an effort to improve this process in a way which will more effectively contribute to
achieving the goal of poverty eradication.
EAPN has also coordinated the work done at national level by its national networks in engaging in the
strategy, particularly in seeking to influence the National Action Plans on social inclusion. EAPN
provides information, opportunities for exchange and brings together the insights at national level to
better forge the European dimension of the work.
The experience to date shows that the OMC has mainly provided a positive opportunity for Member
States to exchange experience and align their policies along commonly agreed, EUwide objectives,
giving prominence to the issue of poverty and exclusion in the European agenda.
EAPN’s key demands with regard to the process include the need to:
 Build inclusive societies implementing universal social rights, sharing wealth, combating poverty
myths and keeping on the agenda the ambition to eradicate poverty.
 Develop Plans, not projects, linked to economic process but not subject to it, Devising stable
national planning tools and providing poverty and exclusion impact assessment
 Guarantee Participation by developing tools and programmes including indicators, ensuring the
involvement of ‘experiential experts’ – people experiencing poverty themselves – and NGOs
engaged in the fight against poverty, raising awareness with the general public, stepping up regional
and local involvement and providing realistic financial resources.
EAPN key references
November 08: EAPN Report on the National Strategic Reports on social protection and social
inclusion: Building Security, Giving Hope
April 08: EAPN proposals for Strengthening the OMC April 2008
EAPN response to the draft Guidance Note on the National Strategies for social protection and social
inclusion
April 2008: EAPN has prepared a new Tool Kit on engagement in the NAP Inclusion and the OMC 2008
11, together with its Social Inclusion Working Group:
October 07: EAPN Report on the Progress Reports on the National Strategic Reports on Social Protection
and Social Inclusion 2006: “Light year – Hard Work”
3. ACTIVE INCLUSION
Contact persons in the Secretariat: Amana Ferro + 32 2 226 58 60 amana.ferro@eapn.eu & Sian

Jones + 32 226 58 59 sian.jones@eapn.eu
EAPN Working Group concerned: Employment Working Group, Social Inclusion Working Group
It is up to you! What you can do.
 National networks are invited to join EAPN’s campaign for Adequate Minimum Income
schemes (see below for more information, or visit
http://www.eapn.eu/content/view/45/42/lang,en/ 1515)
 Follow up with your own Governments the implementation at the national level of the Active
Inclusion Recommendation.
European Parliament Report on Active Inclusion
05/2008 The Jean Lambert report on Active Inclusion was adopted in the European Parliament plenary.
The European Popular Party (EPP) had tabled an alternative resolution. The main differences from the
Jean Lambert report were quite important:
massive elimination of almost ALL references to antidiscrimination and equal opportunities;
elimination of Article 137 of the Treaty as legal basis;
elimination of all references to a framework directive on services of general interest
elimination of all references to targets and most of references to indicators;
elimination of most references to carers and social economy;
elimination of quite a few references to lifelong learning, training and education;
tendency to cut references to regional development and the role of local authorities;
replacing “minimum income” with “adequate income support”
elimination (not always though!) of adjectives such as “coherent”, “integrated”, “:effective”,
“affordable”, “accessible”, “realistic” and once even “highquality”.
The Lambert Report is an important step forward for EAPN, as it backs implementation of adequate
minimum income – establishing targets for adequacy at least at the poverty threshold, supports progress
towards a framework directive on Services of General Interest and underlines the need to counter
negative conditionality.
Please find here the EAPN press release related to this occasion.
EAPN past activities
Social standards project
2007 The first phase of the Social Standards Project involving EAPN members as well as EAPN(EU)
has been finalised. Final report and summary accessible in several languages on www.eapn.ie/standards
Round Table on Poverty and Social Exclusion (Stockholm, 2009)
This year, Active Inclusion is the overarching focus of the Round Table on Poverty and Social Exclusion,
to take place in Stockholm, under the Swedish Presidency, on October 1516 2009. EAPN formulated
input to the conference programme, calling for effective political recommendations that can constitute a
strong legacy for 2010. This input can be accessed here.
Policy follow up and lobbying of the Active Inclusion process
Implementation of the Active Inclusion Recommendation
The Social Protection Committee announced a series of measures for the implementation of the Active
Inclusion Recommendation, after its meeting on February 19.
The SPC working group on Active Inclusion will be monitoring the implementation of the
Recommendation within the OMC cycle, More on the framework will be discussed at the plenary session
of the SPC on 24 April.
The Indicator Subgroup of the SPC has already included in its work programme for 2009 the work on
Active Inclusion indicators, covering the three pillars (minimum income, link to the labour market, access
to quality services). These indicators will be discussed at the following meetings: 10 Feb: 3 rd pillar
(access to adequate housing); 31 March: 2nd pillar (Make Work Pay, Labour Market transitions); 28 April:
3rd pillar (access to healthcare); 1 July: 1st pillar (minimum income adequacy)
The first 2009 report of the EU Network of national independent experts on social inclusion will present a
review and analysis of minimum income schemes. The report is due in midApril.
The issue of homelessness and housing exclusion, which is part of the Active Inclusion agenda, has been
chosen by the Social Protection Committee as the social inclusion focus theme for 2009 and will be a
central theme in the Joint Report 2010.
The partnership agreements with EUnetworks have in their work programmes a specific focus on active
inclusion.
A study on "Housing exclusion: welfare policies, housing provision and labour markets" was awarded to
the University of York. It started on 15 January for the duration of 15 months.
The European Commission will examine, together with the social partners, how they might further
develop autonomous initiatives to enhance the synergies with the other policy strands and actors in the
active inclusion approach, such as public authorities including those most active in the field, i.e. often
regional and local authorities service providers and NGOs.
The provisions of the new ESF regulation are useful for the support of active inclusion measures, namely
through: a) developing and testing integrated pathways to active social and economic inclusion; b)
mainstreaming innovative integration approaches that have a clear advantage over current practices; and
c) disseminating and transferring good practice in promoting social inclusion across all Member States.
The European Commission, under PROGRESS, supports the following initiatives:
- Network of local authorities' observatories on active inclusion (NLAO). This project has been
awarded to EUROCITIES and started on 1 March 2009, with the aim of monitoring and promoting
best practices on active inclusion policies, especially in relation to quality services, and of analysing
the development and implementation of active inclusion strategies at the local level. The pilot phase
will last 18 months and will consist of five observatories (Southampton, Rotterdam, Turku, Prague
and Bologna) and will focus on housing support services and social housing and on employment
services.
- Mutual learning projects (two year duration, to be completed by end 2009). The most relevant ones
in relation to active inclusion are: CONNECTIONS Organisational approaches to multiple
deprivation; MPHASIS Mutual Progress on Homelessness Information Systems; Standard Budgets –
an Instrument to Fight and Prevent Overindebtedness and to Promote Financial Inclusion and Well
being; Wise Work Integration: Social Enterprises as a Tool for Promoting Inclusion; SYNTHESIS –
Health and Social Services Integration for the Most Vulnerable Groups
- Peer reviews in area of active inclusion in 2009: Measurement of the impact of anti poverty and
active inclusion policies: scoreboard as an example of an evaluation, monitoring and partnership tool
– FR; A new qualification programme for people with reduced income capacity and without income
support from the national insurance schemes – NO; the city strategy – UK; homelessness
measurement – AT; Combining choice, quality and equity in social services – DK; Ensuring a
functioning health care system in regions with declining and ageing populations – DE.
The Commission services will also undertake a stocktaking exercise in close cooperation with the OECD,
to review the situation in Member States.
 1516/12/2008 Council Conclusions were prepared by the Working Group on Social Question of
the Council and adopted on at the EPSCO Council. In its proposals to the Round Table and a letter to
the EPSCO EAPN pressed Social Ministers for a clear road map to implement the Recommendation,
a proposal that was also backed by the Social Platform.
 October 08 EAPN presented its Key Messages to the Round Table on the implementation of Active
Inclusion – including demands for a Road Map for implementation and lobbied the EPSCO through a
letter to the Social Ministers
 October 2008 On the eve of the publication of the Commission Active inclusion Resolution EAPN
insisted with success that it should still be a Resolution and not down graded to the level of a
Recommendation
 07/08 EAPN has participated in the drafting of the Social Platform position on Active Inclusion
 EAPN held a seminar in Paris on Active Inclusion on the 13 June, in Presence of French Haut
Commissaire Martin Hirsch where EAPN principles for Active Inclusion were agreed. The report of
this seminar with the principles is available on EAPN website.
Minimum Income Campaign
 An email update for signatories of the website petition, who have registered to
be kept informed, will be devised and sent before the Fall. Regular email updates for this group will
follow at regular intervals.
 Reminders have been sent to all national networks to keep the Secretariat
informed of new signatures they have managed to collect and on the results of the media action.
 On 678 October, in the framework of the civil society contact group event,
EAPN will be present at a stand in the European Parliament dedicated to poverty. This is a good
opportunity to collect more signatures and to present our campaign and concerns to the new MEPs.
 On July 2nd, EAPN was present at a reunion of the AURORA Plus project
(more information here, in German only) in Linz, where we presented the work of EAPN on Active
Inclusion, and especially the Minimum Income Campaign.
 Signatures: the process of putting together lists of targets and starting collecting signatures form key
personalities has already begun, with good results, both in Brussels as well as at the national level.
 Internet: the Adequate Minimum Income Website & Facebook cause have been launched:
www.adequateincome.eu http://apps.facebook.com/causes/263061?m=63f2250d&owner_id=2546740
The website will be launched more widely in the last week of May, in conjunction with the media action.
 Background documents: The revised version of the “Myths and Realities” paper has been updated by
Professor John VeitWilson and will be available online next week. The Adequacy Explainer and the
MISSOC overview of minimum income schemes across Europe will be ready for the Fall.
 The media action week has been set in motion at Brussels level. Contracts have been concluded with
the European Voice and EurActive for featuring the campaign, the appeal and main signatories.
 A campaign meeting took place in Brussels on March 6 th, when partners discussed obstacles,
opportunities and ways forward for implementing the campaign at the national level.
 All campaign materials as well as more information, can be accessed in the Members’ Room on the
EAPN website (http://www.eapn.eu/content/view/45/42/lang,en/ 1515).
 January 2009: The text of the appeal has been finalized. A Contact Group has been set up at the EXCO
recommendation. Terms of Reference for the project have been circulated to members of this group. The
Campaign is to be discussed, as a fix item, in all EAPN WGs.
 November 2008: a media company has been selected for providing the support of a copy writer for
drafting the manifesto.
 30/05/08 EAPN Executive Committee discussed the next step of the campaign, and agreed on a project
of a page of “advertisement” in favor of adequate minimum income schemes in the national news paper.
First the Secretariat will support the development of a ‘manifesto’ (briefing note to be circulated for
comments early September). Each National Network will seak to have this ‘manifesto’ signed by well
known people/organisations/Trade Unions. People who sign this text will be also asked to pay a fee that
will pay for the publication of the advertisement).The text will be published with the list of all the
signatories. The Adequate minimum income campaign will be articulated with EAPN more general
campaign on the eve of the European elections.
 On 12 March 2008 a reflection day was organised in Brussels to exchange experience on this first
phase and begin to shape a second phase. See report of this meeting as well as evaluation on EAPN
website extranet access
 March 2008 / A special issue of EAPN Network News devoted to the Campaign has been issued
The aims of this campaign are to:
 Promote EAPN, and develop a more campaigning image of our organization.
 Build clear common EAPN messages likely to be promoted in the next years
 Raise awareness within EAPN national members and wider circles, of the importance of the issue, of
its European dimension and the current windows of opportunity for progress at EU level.
 Invite and support EAPN national members to campaign on the issue:
o towards the general public by organizing event and/or disseminating campaign material,
aiming at impacting on representations
o towards policy makers by sending EAPN common manifesto letter to their national
policy makers, pressing Member States notably to respond favorably to the second consultation
on activation/minimum income.
o Strengthen NN capacities to campaign.
o At EU level to give visibility to the issue among civil society organization and policy
makers and to press EU institutions to adopt an ambitious approach to the issue.
See information on the campaign and directly download campaign material on www.eapn.org.
See also Social Inclusion section for updated information on EU policy developments on Minimum
Income.
Minimum income is one of the cornerstones of social protection systems. On the 24 th June 1992, the

European Council agreed unanimously to lay down common criteria on “sufficient resources and social
assistance in social protection systems” (Recommendation 92/441/EEC). Since then most Member States
have introduced minimum income systems, but there are significant differences in how these schemes
work and their impact on vulnerable people. In the Social Agenda published in February 2005, the
Commission reiterated its commitment to publish a communication on the issue. This was finally
published on the 8th February 2006, in the form of a Consultation “On action at EU level to promote the
active inclusion of the people furthest from the labour market”.
A two stage consultation was organised by the Commission in 2006 and 2007 They have set out a new
comprehensive policy concept called Active Inclusion for supporting those furthest from the labour
market based on 3 pillars: “a link to the labour market through job opportunities or vocational training;
income support at a level that is sufficient for people to have a dignified life; better access to services that
may help some individuals and their families in entering mainstream society”.
The second stage consultation in 2007 proposed to deepen the Open Method of Coordination through the
adoption of Common principles
- income support sufficient to avoid social inclusion (restating the principles of the 92
recommendation)
- link to the labour market
- link to a better access to quality services
12 Members States responded to the consultation, together with 6 Social Partners, 35 EU level NGOs
and 22 national social partners, organizations or NGOs (including EAPN Ireland and EAPN France, as
well as the UK Social Policy Task Force) (see responses to the consultation)
3 October 2008: The Commission finally adopted a welcome Recommendation and accompanying
Communication on the active inclusion of people excluded from the labour market
Responsible for
National level: EU Social Protection Committee Member
European level: DG Employment and Social Affairs, Unit E2: Officer responsible:
Michele Calandrino.
Commission documents – Action on social protection and minimum income on the DG Employment
social protection site: http://europa.eu.int/comm/employment_social/social_protection/index_en.htm
Active inclusion web page on Europa website
MISSOC/EUROSTAT data on social protection schemes at member state and EU level.
EAPN has been concerned to defend and improve minimum income across the EU as part of an overall
commitment to minimum social standards. The underlying position has been the need to defend adequate
minimum income levels that enable a dignified life, and together with the access to services, provide
people with a secure basis in which to build their routes into work or into other activities. In the response
to the new Communication, other key concerns are the need to develop supportive activation measures
which lead to more and better jobs, as well as developing strategies that empower and meet the needs of
all people at risk of poverty and social exclusion, without insisting on work as the only route
Adequate Income has been an underlying theme in the work of both the Employment and Social Inclusion
Review Group, and on issue on which EAPn has been cooperating with other NGOs within the Social
Paltform. In 2006 and 2007, EAPN responded to the two successive stages of the Communication (see
below)
In 2007 EAPN insisted that the wording ‘Minimum resources’ should not replace ‘Minimum Income’ and
questioned the political will to deliver on this issue. See EAPN press release Cause for serious
concern for the poorest in Europe: EAPN responds to the conclusions of the EPSCO
Council (23/O2/2007).
EAPN also participated in the EU funded project on Social standard.
Parallel to its policy lobbying EAPN has started a specific campaign on the issue.
EAPN key references
All key references are available on the website www.eapn.eu, including the relevant edition of Network
News, a briefing on Minimum Income, and EAPN Response to the first stage of the Consultation,
“Ensuring a Decent Income and a Better Life for All”.
Key documents are also available on the Social Platform site: www.socialplatform.org including Social
Platform response to the consultation.
EAPN Ireland has coordinated an EU funded project on Social Standards, several papers have been
developed on the issue of minimum income. See website:
www.eapn.ie/standards
4. THE LISBON STRATEGY

Contact person in the Secretariat: Sian Jones + 32 2 226 58 59
Sian.Jones@eapn.eu
EAPN groups in charge: EXCO, Employment Working Group,
Structural Funds Working Group, Social
Inclusion Working Group
IT’S UP TO YOU! WHAT YOU CAN DO:
o EAPN members should contact their Lisbon National Coordinators, to engage in the bilateral
meetings with the Commission and provide their input to the Implementation Reports,
particularly in relation to actions to respond to the social impact of the crisis
o Following the publishing of the reports on the 15 October, EAPN members should complete
and return the EAPN questionnaire (2), built on their response to the Crisis questionnaire (1)
by the 31st October.
o Participate in the lobbying campaign with EAPN on the EAPN position paper post 2010: An
EU we can trust, pushing for a positive legacy at EU and national level.
o Sign the Spring Alliance Manifesto and encourage your members to do the same. Develop joint
meetings with Environmental Groups and Trade Unions. Your organisation can sign the
Manifesto by using the online form
.
This section will also include information on the Economic Crisis – as this is now the refocused
objectives of the Growth and Jobs strategy in 2009.
Lisbon Strategy: Growth and Jobs (200810) – Economic Recovery Plans
July 2009
o The Commission has started its cycle of bilateral meetings with the Lisbon National
Coordinators in preparation for the 2009 Implementation Reports of the National Reform
Programmes 200810. (See list). Guidance to the LNC has encouraged broader stakeholder
involvement – this will be monitored by the Commission.
o The Implementation Reports will focus partly on the effectiveness of the MS Economic
Recovery packages and partly on the normal review of their implementation of the
Commission’s Recommendations and Points to Watch of the NRP.
o The Annual Progress Report will focus on these two issues, and will be finalised to be
endorsed at the December European Council.
- The June European Council: was held on the 18th and 19th of June. The main focus was on
the new Communication “A Shared Commitment to Employment, published on June 3 rd.
(See Employment Section). A solemn declaration on worker’s rights, social policy and
other issues was attached to the Conclusions – as a prerequisite for holding a new
referendum by the Irish Government.
o The Spring Council Conclusions (1920th March 2009) focussed strongly on the crisis and in
preparation for the G20 conference in London on the 2 nd April. The main proposals prioritised
regulating the financial sector, deepening the Growth and Jobs Strategy by stimulus measures and
investment in defending jobs/ and smart green growth. The main reference to the social impact was
to reinforce social protection as an “automatic stabiliser”. A proposal for an Employment Summit,
was downgraded to a Troika to be held on May 9 th. 3 preparatory workshop s will be held in Spain on
the 15th April on Upgrading skills/Integration of youth: in Sweden on the 20 th April on Increasing
access to employment and on the 23rd April in Czech Republic on Maintaining employment and
promoting mobility.
o On the 9 and 10th March, the EPSCO held their preparatory Council agreeing their key messages to
the Spring Council. This year they included strong social references in the context of the crisis,
reflecting the strong inputs of the EMCO and the SPC. The Conclusions recognized that Lisbon has
not delivered on all its objectives and that “inequalities and exclusion persist, affecting social
cohesion”.
o On the 4th March, the Commission published the new Communication which replaces the
Report on Lisbon to the Spring Council: Driving the economic recovery
http://ec.europa.eu/commission_barroso/president/pdf/press_20090304_en.pdf. This
report builds on the previous package but makes new proposals on a new International
framework for regulating the financial sector (including taxhavens and hedge funds),
specific stimulus measures which include targeting support to lowincome and vulnerable
people, and investment in social as well as green jobs.
 On the 28 th
January 2009, the Commission adopted the “country chapters” and Recommendations
under the Growth and Jobs strategy. The chapters analyse progress towards Growth and Jobs, taking
account of the crisis. ( the delay in publishing these documents was to allow this update to take
place). The recommendations will be endorsed by the Spring European Council on the 19 th and 20th
March 2009 and subsequent formal adoption by the Council.
At the same time the Commission adopted a companion document which evaluates progress on the
specific areas of the guidelines (macro, micro and employment). The final section contains the Draft
Joint Employment Report, which will be approved separately. The full set of documents related to
the 2008 Annual Progress Report package – Economic Recovery Plan can be found here.
 On the 16 th
December 2008, The Commission adopted a package of documents to support the
implementation of the Economic Recovery plan these included:
o A report on the implementation and future priorities of the Community Lisbon programme
o A review of the European Globalisation Fund
o A new Communication “New Skills for New Jobs” and fuller Staff Working document –
promoting higher skills to meet “requirements of EU in 2020”
o A one year on report on the Single Market Review carried out in 2007.
 On the 26 th
November 2008, the Commission’s Communication on a ”European Economic Recovery
Plan” as part 1 of the 2008 Annual Progress Report, and was endorsed by the December European
Council. The plan is based on 2 key pillars: 1) Financial stimulus package based on boosting demand
and purchasing power, 2) Shortterm investment in “smart green jobs”. Solidarity and social justice is
supposed to be an “underlying principle”. Key initiatives include launching a major EU employment
support initiative – reinforcing activation particularly for the lowskilled, support for the most
vulnerable, and creating demand for labour by reducing social charges and reduced VAT rates.
Active Inclusion and flexicurity policies should be focussed on reintegration and avoiding long term
unemployment. Adequate social protection is seen as providing incentives to work “while preserving
purchasing power”.

 October 2008 New National Reform Programmes cycle 200810: Most of the National Reform
Programmes were presented by the 15th October as agreed. They are displayed on the Growth
and Jobs Website:
- July 2008: The Council adopted the Employment Guidelines. (See Employment Section and
EAPN briefing note/updated tool kit – www.eapn.eu)
The Spring Council was held on the 13 th and 14th March 2008. However, the Conclusions were the most
negative for Social Europe for some years. The tone was selfcongratulatory that the “fundamentals of the
EU remain sound. The Conclusions confirm that the Integrated Guidelines remain unchanged as do the
four priority areas from 2006:
1) Investing in knowledge and innovation.
2) Unlocking the business potential, especially of SME’s
3) Investing in people and modernizing labour markets
4) Climate change and energy policy for Europe
The Spring Council Conclusions 2008 emphasize that economic, social and territorial cohesion
contributes to fulfilling “the objectives of the renewed Lisbon Strategy’ but not the other way around. The
focus on the 3rd priority is now on education and the “knowledge triangle – research – innovation and
education” and the only concession made to social inclusion is a focus on the renewed Social Agenda.On
a positive note the Commission and Member States were invited to “strengthen the involvement of
relevant stakeholders in the Lisbon process.
See: http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/99410.pdf
Post 2010 Lisbon Strategy Discussions
New Timetable and Developments (July 2009)
o The SPC and the EMCO held a further debate on its post 2010 initial position.
o President Barroso gave his first speech to the European Parliament Plenary on the 15 July. th
However, he stopped short of presenting his full vision on post 2010, as Parliament decided not
to confirm his appointment until after the Irish Referendum on the 2 nd October.
o The Joint SPCISG Task Force on Lisbon will present and discuss its final report on the 14 th
September.
o Mid September, the Commission will launch its public consultation on the Post 2010 Agenda.
It’s not clear yet if this will be just an internet consultation or include a stakeholder debate.
This appears to have been in response to heavy lobbying by NGO’s and other stakeholders.
o On the 21 October the SPC will discuss its contribution on the post 2010 agenda. This will be
st
endorsed on the 10 November following the adoption of the EMCO contribution on the 2728
th
th
November.
o The EPC will endorse their contribution on the 13 November, followed by the EPSCO on the
30 November. This will be followed by the ECOFIN on the 30 November, and the European
Council on the 1011 December.
o By the end of 2009, the Commission will present its full proposals on post 2010, with a view to
reaching agreement before the Spring European Council. However, its still not clear whether
this will be an introductory debate or the full agreement, due to the fact that the new
Commission doesn’t formally get elected until the end of the year.
o The latest information/feedback appears to highlight that the Ministers nor the Commission are not in
the mood for very radical changes. The main focus is likely to be some light revisions to the
Integrated Guidelines. The Employment Troika and preparatory meetings in April will be used to
build consensus also on this area.
o The EMCO and SPC started first discussions on post 2010 in February through a joint Task Force.
The Informal Council on the 26/27 March in Prague focussed on draft proposals. The theme of post
2010 will be the key thematic focus for both EMCO and SPC in April and June meetings. The SPC
will finalise its opinion for the July 2 SPC meeting.
o The Commission has began its discussions on the post 2010 strategy. The Secretariat General will
take the lead on these proposals. A meeting was held with the Lisbon National Coordinators in Paris
on the 5 December. The proposals of CohenTanugi were discussed and a stakeholder seminar was
held afterwards, but NGOs were invited belatedly and few were able to attend. The main focus was
on how to drive forward the growth and job agenda in response to the crisis, and to make the EU the
most innovative, knowledgebased and lowcarbon economy. The main priorities were:” re investing
in human capital, knowledge and innovation, modernising the labour markets, and drawing up active
social cohesion policies, promoting “green” growth and an environment favourable to enterprises and
economic activity”. Further meetings will be held of the National coordinators in February and April
2009, and until Spring 2010.
EAPN ACTIVITIES
National Reform Programmes and Economic Recovery
June/July
o On the 20

th
July, EAPN sent out a questionnaire on the social impact of the crisis to its
members on the 20 July, with response date by the 4
th
September. This will be followed by a
th
further questionnaire linked the Implementation Reports of the NRP, with response date by
the 31 of October. The first report will be finalised prior to the Round Table on Poverty and
st
the second one by the end of December 2009
o On the 8 July, EAPN sent letters to President Barroso and Group leaders of the EP prior to
th
Barroso’s maiden speech on the 15

th
July. See:
http://www.eapn.eu/content/view/1067/77/lang,en/
o On the 8 of June, EAPN sent a
th
letter to Prime Ministers
prior to the June European Council,
highlighting our shortterm concerns on the crisis and longterm demands on post 2010
Previous
o In March, following discussions with the SIWG and other working groups, EAPN lobbied the
EPSCO and the Spring Council with 2 letters and press releases. The main focus was on the need to
develop coherent shortterm measures to limit the social impact of the crisis whilst developing a
more comprehensive longterm strategy which built on the lessons of the failures of the current
growth and jobs strategy and the economic model that underpins it. The specific demands were to
support public investment in social protection, adequate minimum income and social services as vital
tools to mitigate the social impact and invest in people. A key concern was the impact on NGO’s –
their services and advocacy actions. In the press release whilst welcoming the confirmation of the
need to support social protection systems EAPN highlighted our dissatisfaction with the lack of an
integrated, crosscutting approach to social impact or the unwillingness to use the crisis to stimulate a
broader debate on the causes and weaknesses of the current strategy.
See Press Release/Letter to Spring Council
See Press Release and Letter to the EPSCO Council
o EAPN is preparing a response to the new Communication together with a Reality Check highlighting
current developments at member state level based on the member’s fiches.
Post 2010
o EAPN held its seminar on the 29 th May involving SIWG, EWG and SWG and outside
stakeholders to agree proposals on the legacy for 2010 and proposals for a post 2010 Lisbon
Strategy. The EAPN position paper was further discussed and endorsed at the EAPN GA in
Vienna in the middle of June. It was forwarded to Prime Ministers, Barroso and the New
Parliament in June and July. See more here.
o EAPN is elected to the Steering Group of the Spring Alliance, as representative from the
Management Ctee of the Social Platform.
o The Spring Alliance manifesto is finalised on the 11 July. EAPN signed up and encouraged its
member to do so. See www.springalliance.org
o EAPN participated in the Spring Alliance interim seminar on the 17 th June, in Brussels which
tested out the draft manifesto on other stakeholders.
o The manifesto will be launched in Brussels on the 28 th September, with an intervention by
President Barroso. Further events/lobbying planned in the run up to the Spring Council.
o EAPN is also a key play in 2 broad alliances to build broader approaches to the crisis and a new post
2010 vision based on a social and sustainable development and global equity. The first is with the
Spring Alliance (a joint alliance between the Social Platform the EEB and the ETUC). EAPN spoke
at the launch conference on the 28/29 th January 2009 and is chairing the working group on a new
economic model.
o The second alliance is with the crossnetwork alliance, involving a broad range of NGO’s linked to
the European Social Forum and ATTAC. EAPN participated in the first meeting on January and will
participate in the follow up meeting on the 18 and 19th April in Frankfurt.
o EAPN also participated in the Alternative ECOFIN held in Prague on the 30 March – 1st April.
o 16 EAPN members (national networks and EOs) responded to the EAPN Questionnaire on the NRP
200810. The initial findings were published as Key Messages: Will the Economic Crisis force a
stronger social pillar in Lisbon? EAPN social inclusion scoreboard on NRP 200810 on the 18 th
December 2008, coinciding with the EPSCO.
o The full report will be published on the 6th February (see www.eapn.eu).
o EAPN published a report on the Economic crisis to influence the debates leading to the European
Economic Recovery Plan (2008 Annual Progress Report). ”From financial crisis to recovery – where
is the strategy to combat poverty”. This was based on discussions in the SIWG, EXCO, EWG and
SFWG in October and November. EAPN also contributed to the Social Platform position, following
a joint meeting with representatives of the Secretariat General. It appears that some gains were made
in the introduction of the horizontal principal on solidarity and social justice. But the social
dimension remains still diluted. EAPN demanded a specific pillar focussing on social protection and
social inclusion, including reinforcing minimum incomes and integrated active inclusion, investment
in social as well as green jobs, and detailed monitoring by the EU of social impact. This has now
been taken up by the SPC who will be delivering regular bulletins.
o October 2008: the Lisbon Tool Kit has been updated.
o EAPN has met with ETUC and MEP Anne Van Lancker to discuss the input into the Parliamentary
Report on the Employment Guidelines and to Lisbon. The changes to the Guidelines text were agreed
by the June Council and appear to include positive developments on governance and promoting
integrated principles of active inclusion (see September 2008 EAPN briefing).
o July 2008: EAPN has published an updated Lisbon Tool Kit in July, which will help its member
engage with the National Reform Programme Process. This included lists of the new Lisbon
Coordinators and bilateral meetings organized by the Commission.
o May 2008: A revised coordination process has been agreed with the EXCO in May, and all working
groups will participate in a preparing a national response to an agreed questionnaire.
o March 2008: EAPN sent a letter the Prime Ministers prior to the Spring Council and published a
Press Release on the eve of the Spring Council on the 13th and 14th March.
The ‘Lisbon Strategy’ (also referred to as the Lisbon Agenda) is a way of describing the more immediate
priority objectives of the EU for the period 20002010. It is called the ‘Lisbon Strategy’ because it was
agreed at the Lisbon Council in 2000 when the Heads of State and Government of the EU agreed the
following vision: “To make the EU the most competitive and dynamic knowledge based economy in the
world capable of sustaining more and better jobs and with greater social cohesion”. Progress in reaching
this objective is reported to the EU Spring Council (March every year) which decides the key priorities
for following up on the Lisbon Agenda. The Gothenburg Council in 2001 made environmental
protection part of the ‘Lisbon Strategy’.
Following changes in most of the Governments who agreed the Lisbon Strategy, the election of a new
European Parliament and the appointment of a new Commission in 2004, an evaluation of the Lisbon
Strategy was launched. This evaluation was strongly influenced by the report of the ‘Kok Group” which
was appointed by the Council to prepare an input into the evaluation. This evaluation led to a revised
Lisbon Strategy which was agreed at the Spring Council 2005. The revised Lisbon Strategy did not
change the original intentions of the Lisbon strategy but it did decide that the future orientation of the
strategy should focus on Growth and Jobs. In addition it decided on a new method of governance for
the Lisbon Strategy, involving the adoption in June 2005 by the Council of Integrated Guidelines for
Growth and Jobs (integrating the Broad Economic Policy Guidelines –divided between Macro and Micro
Economic Guidelines and the Employment Guidelines). The European Employment Strategy started in
1997 is incorporated in the Lisbon Strategy and constitute the Employment part of it.
The new Integrated Guidelines become the basis for Member States to produce National Reform
Programmes, which were submitted to the Commission in October 2005 for the period 2005–2008.
National Reform Programmes (NRP) are structured into macro, micro economic and employment
chapters, each providing a presentation of the situation, an outline of initiatives and measures taken in
response, and a description of budgetary resources involved, including structural and cohesion funds. The
Employment section of these National Plans is the National Action Plan for Employment.
These National Reform Programmes should contribute to the goal of social inclusion, through a process
of feeding in and feeding out between the Lisbon strategy and the OMC (how Lisbon contributes to
social inclusion and how the OMC on SPSI contributes to growth and jobs). The Commission
encouraged the involvement of all relevant bodies in the preparation of these National Reform
Programmes, they particularly mention public authorities at national, regional and local levels, social
partners and ‘where appropriate’ civil society. Responding to the Commission, Member States have
appointed national Lisbon Coordinators (‘Mr/Ms Lisbon’).
On the 25th January 2006, the Commission published its first Annual Progress Report (APR). Part I

evaluates the process followed in drawing up the reform programmes, and highlights a number of key
initiatives, attaching a short list of good practice examples. It also includes a more detailed analysis of the
macro/micro and employment aspects linked to the Integrated Guidelines. This section serves as the basis
for the Joint Employment Report. Part ll provides a detailed assessment of the National Reform
Programmes, assessing strengths and weaknesses, but without going so far as to make formal country
specific recommendations.
The Lisbon “annual cycle” encompass:
 Implementation Reports of the National Reform Programmes submitted by Member States in the
autumn (submitted in October 2006,). In the autumn 2008 Member States presented new
National Action Plans for 2008 2010.
See: http://ec.europa.eu/growthandjobs/index_en.htm
 Multilateral surveillance was carried out, involving the Cambridge Review within the EMCO
framework for employment aspects within the NRPs. The Commission advocated a light touch
around themes rather than being country specific ie flexicurity, life cycle approach and sustainable
social protection.
 Commission Annual Progress Report based on National Reports in the end of the year (in December
2006: adoption of APR and Country Recommendations made for the first time under the revised
Lisbon strategy, December 2007 adoption of APR incorporating the analysis of the National
Action Plans.),
 The February EPSCO adopt the Joint Employment Report
 The European Spring Council adopt both Joint Employment Report and Annual Progress
Report at the Spring Council.
Responsible for the Lisbon strategy
National level: National Ministries in charge of employment and economic affairs, Mr/Ms Lisbon, social
partners, Members of the Employment Committee and the Economic Policy Committee
European level: EU Commission: President Barroso and the Commission’s Secretariat General, with
input from various DGs including DG EMPL. EU level representatives of social partners are actively
involved.
The main documents on the Lisbon process are found on the Europa Growth and Jobs site:
http://europa.eu.int/growthandjobs/index_en.htm
With the revision of the Lisbon Strategy in July 2005, EAPN has been primarily concerned about the loss
of priority of the “social pillar” of Lisbon, with the primary emphasis given to “growth and jobs” as a pre
condition for reducing poverty and social exclusion. EAPN networks have engaged actively in the new
process by carrying out an evaluation of the first national reform programmes through a questionnaire.
The report “A future worth having” (March 2006) highlights the findings, evaluates the annual
progress report and assesses how far the revised strategy is delivering on governance, social inclusion and
poverty.
Key points were:
 The neglect of a social framework of the economy, with a sidelining of the social objectives, based
on the assumption that growth automatically leads to jobs and greater social inclusion.
 The emphasis on modernizing pension and social protection systems, without ensuring an adequate
income for a dignified life.
 The focus on work at any price, and lack of demandside measures to create quality employment, or
to investigate the role of the social economy
 The need for broader, integrated strategies with adequate support services to help people along the
road to work.
 The priority given to flexicurity, without analysing the impact on working poor.
 The lack of engagement with civil society in the entire process
Other EAPN key references
A further EAPN response was published on the Annual Progress Report and the Joint Employment
Report (See below)
On 16 January 2008, EAPN published its Response to the 2007 National Implementation Reports
(Social Inclusion Scoreboard and to the Annual Progress Report: Growth, Jobs but not Inclusion
EAPN has contributed to the Social Platform Position on Lisbon. See Social Platform site:
http://www.socialplatform.org/code/en/camp.asp?Page=724
Making Lisbon deliver for People Experiencing Poverty – report on Implementation Reports 2007
5. EMPLOYMENT
Contact person in the Secretariat: Amana Ferro + 32 2 226 58 60

amana.ferro@eapn.eu
EAPN groups in charge: Employment Working Group
It’s up to you! What you can do:
 Register and participate in the EWG meeting and capacity building seminar, to be
held on November 20th and 21st in Greece
 Contribute to the questionnaire dedicated to the impact of the crisis in your country
and liaise with your national representative in the Social Inclusion Working Group
and EXCO member to do so (see the Lisbon Strategy section above).
 Contribute to the questionnaire dedicated to the NRP evaluation in your country and
liaise with your national representative in the Social Inclusion Working Group and
EXCO member to do so. (see the Lisbon Strategy section above).
 Contribute to the preparation of the EAPN position on flexicurity, to feed into the
EMCO debate on the subject on October 9. Details about this process will be
dispatched by email soon.
 If you are interested in finding out more about working on the Employment
Guidelines, please contact Philip O’Connor (chair of the EWG and coordinator on this
topic) for more information.
 If you are interested in finding out more about the “diary project” (collecting
testimonies in the shape of diaries by jobseekers or MI recipients in times of crisis),
please contact Colin Hampton for more information (coordinator in the EWG for this
topic).
Latest policy developments

Employment Communication
The European Commission put out, on July 3 rd, the communication entitled “A Shared
Commitment for Employment”. More information on the content, as well as the text of the
communication, can be found here. The communication builds on the results of the Employment
Summit (see below), in the preparation of which EAPN was involved through the Social Platform.
Social NGOs expressed their disappointment at the communication, which does contain some
positive steps forward, but does not overall pick up on our main concerns regarding quality of
employment, the specific situation of vulnerable groups, and the social impact of the crisis.
Employment Committee (EMCO)
The EMCO held its last reunion before the summer on June 24 th. Among other things, it discussed
its approach to flexicurity (position to be finalised in October – EAPN to input); the nonchanging
of the NRP assessment indicators, given that the Guidelines stayed the same; next steps for the
post2010 Strategy (consultation to be launched in the fall, final document to be endorsed by the
December European Council); climate change; the EC Communication on Employment.
Informal EPSCO in Jönköping, Sweden, July 89
The Social Platform was invited to prepare an input for the informal meeting of Employment and
Social Affairs ministers, which was held in Jönköping, Sweden, on July 89. EAPN contributed to
this input, which you can read here. The topic of the summit was “Promoting access to employment
through more inclusive labour markets and active social security policies”. The priorities put
forward by this EPSCO meetng for the Swedish Presidency are: Full employment and more
inclusive labour markets; Promoting good health for an ageing EU workforce, primarily through
negotiating the patient mobility directive and eHealth cooperation, and progress on the
pharmaceuticals package; Emphasising the importance of gender equality for economic growth
and employment. You can read the press release of the Swedish Presidency related to this event
here.
EAPN Activities
EAPN responded to the Commission Communication “A Shared Commitment to Employment”,
highlighting our main concerns regarding a number of issues which the document fails to
adequately address. We welcome the mentioning of the Active Inclusion Recommendation, while
the main point of concern continues to be the absence of a concrete plan for its implementation,
both at national and at the EU level. Please read the full response here.
EAPN also contributed with a paper on Skills and Mobility to the recent debate in the Employment
Committee on these issues. This agenda, which has been pushed forward by the Commission with
the support of the Czech Presidency in the past months, has not been adequately poverty proofed,
and a number of concerns still remain to be discussed so that the proposed measures help improve
the lives of people experiencing poverty and social exclusion on the ground. The response, prepared
by the Secretariat together with the Employment Working Group, can be read here.
Video project
Four EAPN networks (Belgium, United Kingdom, Romania and Lithuania) are involved, through
their representatives in the Employment Working Group, in the making of a video focusing on
positive and negative activation practices. The video will constitute a lobbying tool for the EU and
national level, and will include interviews with people identified by the four networks, to illustrate
the EAPN principles on good activation. Good practices will be contrasted with bad practices in the
same country. The video is supposed to be shot during the month of November 2009 and finalized
in the early 2010.
Conferences
Joint Social Conference
EAN, together with 16 other social NGOs and trade unions, at Brussels and EU level, are
organizing joint conference on September 14th and 15th, in Brussels. The meeting will focus on two
aspects, for which separate parallel workshops have been set up: social dumping and decent
employment. The event is meant, first and foremost, to strengthen cooperation between social
NGOs and trade unions, and to identify common positions and joint lobbying targets. This first
attempt is supposed to evolve into a yearly conference, to be held in February, aimed at preparing a
common position for the Spring Council. The EAPN secretariat is in charge of preparing the Issues
Paper for the decent employment workshop, and will cover participation costs for 3 representatives
from its membership. An additional 3 participants can attend on behalf of EAPN, provided that
they are Brusselsbased or if they can cover their own expenses.
On June 2425, EAPN participated in the European Commission event called the “Employment
Week”. Although meant to bring together all relevant stakeholders, participation fees were
prohibitive, which resulted in feeble attendance. The event was mainly attended by training
companies and EU institutions. However, EAPN managed to secure a free stand, together with our
partners the AGE Platform and the European Youth Forum. Also, Johannes Jorgensen, from
EAPN Sweden and member of the EAPN Employment Working Group, was guest panelist speaker
in a session titled “The Social Cost of Change”. His intervention, prepared with the support of the
EWG, was the key point of the session and it spurred a lively debate. More information about the
event can be found here.
14/05/2009 – EAPN was represented at a conference organized by the European Commission concerning
the impact of the economic crisis on labour markets. Please find here the conference programme.
Materials to follow soon.
19.05.2009 – EAPN attended the Thematic Peer Review organized by the European Commission and
dedicated to "Labour market policies in response to the impact of the economic crisis". Materials to
follow soon.
WISE project
A feedback meeting with all project partners (8 participating countries) took place on
June 23rd in Rome, with EAPN participation. The results of the four peer reviews
were discussed, as well as ways forward and how to proceed with the drafting of the
crosscutting reports, which are supposed to look at specific country situations,
country recommendations, as well as general proposals for the EU level regarding
the promotion of Work Integration Social Enterprises. The main documents of the
project, including the report of the feedback meeting, can be found on the project
website. The crosscutting reports will be finalised by September 15 th.
In 1997 The Amsterdam Treaty, with a new chapter on Employment has been an important step: whilst
employment policies remain national competence, it clearly gives to the European Institutions a stronger
role. Structural Funds are one of the main financial tools to deliver the strategy.
The components of the EES are:
Guidelines are proposed by the Commission and adopted by the Council,
on the basis of which Member States develop annual National Action Plans for Employment
Recommendations to each MS regarding its employment policy, proposed by the Commission and
adopted by the Council.
Each year a Joint Employment Report is established by the Commission and the Council which assesses
the national employment policies, it is forwarded to the Spring Council.
A peer review process had been set up to support the assessment of the national best practices. National
practices selected by the EMCO are reviewed by other countries and independent experts.
Indicators are selected to asses progress made by Member States
The Employment Committee (EMCO) has been established, with advisory status to promote coordination
between MS on employment and labour market policies (Article 130). It gathers two representatives for
each MS.
An Employment Committee subgroup does a specific work on indicators. The EMCO ad hoc group
gathers a restricted number of EMCO members and prepares the work of the full EMCO regarding some
selected issue (for example the ad hoc group makes a review of the NAPs).
From the revamping of the Lisbon strategy in 2005, this EES has been integrated in the Lisbon strategy
and is now the employment part of the Lisbon strategy.
European Employment Strategy
Employment Summit
The outcome of the Employment Summit (previously called a Troika), which took place on May 7 th, and
of its preparatory workshops, is not very encouraging. Find relevant document here
Conclusions of the European Employment Summit
Consolidated report of the three preparatory workshops
Social NGOs to the EU Employment Summit: how to address the social crisis
EAPN press release.
Although the Social Platform was involved in the preparatory workshop (and EAPN, through the SP, as
well), it was not invited to the final Summit, which benefited from no civil society participation – it was a
meeting between the Troika Presidencies (the Czech, Swedish and Spanish governments), the European
Commission, and social partners.
There are some positive aspects, such as mentioning putting people at the heart of the recovery plans, a
more socially cohesive (including modern social protection systems) postLisbon strategy, an integrated
approach (bringing together economic, employment and social aspects) and the explicit mentioning of
vulnerable groups.
However, the social impact of the crisis is barely mentioned. Active Inclusion is not made a guiding
principle. The usual agenda, keeping people into employment at all cost, flexicurity, skills upgrading and
mobility is reaffirmed.
The EAPN Secretariat prepared a response letter for the EMCO prior to its discussion of the Joint
Employment Report. This letter was included in the meeting documents of the EMCO and can be
downloaded here.
26/02/2009 The Commission prepared the draft Joint Employment Report, which can be downloaded on
DG Employment webpage.
29/01/2009 – The European Commission presented to the Council a proposal to keep the Integrated

Guidelines unchanged for 2009. This position was supported by the EMCO at its meeting on 19/02/2009.
March 08 In the framework of the Lisbon strategy (encompassing the Micro, macro and employment
strategies: see section 3 above) the Spring Council endorsed Commission’s proposals regarding
employment, including
1/ the Draft Joint Employment Report (part III of the Annex to the Strategic Report: see
http://ec.europa.eu/growthandjobs/pdf/europeandimension200712annualprogressreport/200712
annualreportannex3_en.pdf
2/ Country Recommendations (http://ec.europa.eu/growthandjobs/pdf/european

dimension200712annualprogressreport/200712countriesspecific
recommendations_en.pdf)
3/ Proposals for the 20052008 Guidelines see

http://ec.europa.eu/growthandjobs/pdf/europeandimension200712annual
progressreport/200712annualreportintegratedguidelines_en.pdf
The guidelines proposed remained unchanged, with only rationales reworded including more
reference to active inclusion and flexicurity. The guidelines have been officially adopted
by the Council in July: see adopted version. Some of the changes inserted in the
narratives are useful to get in mind and to use in our lobbying work. See EAPN briefing
on the new guidelines, issued on 4 September.
Resources and information:
Information available on Europa website
http://ec.europa.eu/employment_social/employment_strategy/index_en.htm
Responsible for the Employment strategy as part of the Lisbon Strategy: National level: National
Ministries in charge of employment and economic affairs, social partners, Members of the Employment
Committee European level: DG EMPL. (Robert Strauss, Unit D2 principally
Two main key themes are currently dominating the Employment Strategy:
→ Activation and Make Work Pay (activation is also one pillar of the active inclusion notion, see
below section 5.2. )
Make Work Pay is the approach agreed on and regularly promoted by the Employment
Committee.
→ Flexicurity
The EMCO prepared a draft paper on Flexicurity in times of Crisis (to be found here) to serve as basis for
its discussion on flexicurity, scheduled for the second part of 2009. The document defines flexicurity as a
combination between contractual flexibility and strengthened ALMP. Security is understood mainly as
increasing people’s employability by upgrading their skills. The European Commission is preparing a
workshop on flexicurity on 27 April, to provide policy input for the Employment Troika Summit at the
beginning of May.
12/2008 The Mission for Flexicurity of the European Commission prepared and released in December
2008 a Report, looking at the implementation of the flexicurity principles across Member States. The
report reviewed the situation in France, Sweden, Finland, Poland and Spain, and it is available here. The
Czech Presidency of the European Union also announced, in the official programme, that they will
prepare Conclusions on flexicurity
24/09/2008 the Commission organised a Mutual learning seminar to discuss the first results of the
Mission, EAPN as well as other NGOs participated actively (see http://www.mutuallearning
employment.net/thematicreviews/)
01/2008 A Mission for Flexicurity (see Europa webpage) has been established, and visited 5 Member
States for discussing in depth the state of play as regards the development and implementation of the
national pathways based on the common Flexicurity principles agreed at the European Council in
December 2007. As part of a mutual learning perspective, these visits will also give the opportunity to
other Member States as well as to other relevant participants to take part in the discussion.. The final
Mission Report will be presented in December 2008 to the Employment ministers. It will aim at
proposing concrete suggestions to encourage the implementation of flexicurity policies, taking into
account the common principles and "typical pathways" of flexicurity identified by the Commission
Communication of June 2007:The Commission's public initiative should help Member States prepare
their first report on the implementation of the national pathways based on the common principles, in the
framework of the National Reform Programmes of Autumn 2008.
11/2007 After a Commision proposal has been widely debated at EU level, the EPSCO Council adopted
common principles on flexicurity
→ New Skills for New Jobs
16/12/2008 The European Commission released its “New Skills for New Jobs” communication,
providing a first assessment of labour market and skills needs up to 2020 and a mapping of existing
anticipation instruments at national and European level. The document also proposes a more effective
approach to ensure anticipation and matching between labour demand and supply through synergies
between employment, training and education policies. The document, which features as a priority on the
agenda of the Czech Presidency, will be discussed throughout the Year in the Employment Committee,
and can be found here.
09/03/2009 The EPSCO adopted, on March 9 th, Council Conclusions on the “New Skills for New Jobs”
communication. The document endorses the Commission communication, stressing the need for
upgrading skills and providing access to quality education and lifelong learning for all, as well as for
mappingout and anticipating the labor market needs in order to ensure better skills matching. The
document can be accessed here. The Spring Council Conclusions have also given additional impetus to
this approach, viewed as the main medium and longterm response to the crisis aftermath. The EMCO is
carrying out an assessment (in its AdHoc group) of this strategy. In line with the priorities of the Czech
Presidency, the EMCO will also deepen its understanding of the link between skills and mobility. The
opinion will be finalized on April 28 th. The draft EMCO opinion can be found here, and the
Commission’s background and discussion note – here
→ Social Economy
18/02/2009 The European Parliament adopted (580 votes in favour, 27 against and 44 abstentions), last
February 18th, the owninitiative report by MEP Patrizia Toia (ALDE, IT), dedicated to social econ omy.
The report considers that "social economy enterprises […] need a secure legal framework, based on
recognition of their specific values". The report also calls for a European legal framework to be devised
by the Commission, enabling "territorial partnerships to be established and maintained between the social
economy sector and local authorities", and for the Commission to look into "reactivating the budget
heading specifically for the social economy". The adopted text can be found here
The European Parliament Intergroup on Social Economy has launched its memorandum on social
economy, in view of the upcoming European Parliament elections, which can be accessed here
The EAPN Secretariat, as well as members of EAPN Austria, EAPN Romania, EAPN Poland and EAPN
Malta are partners in a transnational exchange project on Social economy led by DIESIS and CGM,
whose aim is to asses the policy support given to Work Integration Social Enterprises (WISE) in EU
countries through a comparative review of legislation as well as National Action Plans for Inclusion and
Employment and Operational Programmes.
Social package:
Part of the social package unveiled in July 08 is devoted to ‘Investing in People, More and Better Jobs,
New Skills’. It includes
a Directive to improve the functioning of European Works Councils to ensure effective
social dialogue on restructuring operations.
staff working documents, one encouraging and supporting Social Partners to step up their
efforts to anticipate and manage structural change and another highlighting the importance of company
based transnational agreements;
a Report on the European Globalisation Fund that reviews its first year of operation, indicates how
procedures can be simplified and streamlined and suggests a number of ideas as to how the EGF could be
improved.
EAPN key positions and past actions
EAPN has been actively involved in monitoring the European Employment Strategy, with a particular
focus on its impact on poverty and social exclusion. Some of the key concerns have been to pressure for
more quality of jobs, evaluation of making work pay strategies and the development of positive activation
policies, which do not penalise and pressure vulnerable people into jobs at any price. A further concern
has been to evaluate how far the EES incorporates the overall Nice objectives of “strengthening social
cohesion and inclusion” and to highlight the weakness of the participation of NGO stakeholders in the
development of the National Action Plans and the lack of independent evaluation.
EAPN actions on the EES have included responses to the revised European Employment guidelines,
reviews of the National Action plans for Employment, position papers on Making Work Pay and Good
Activation, as well as responses to relevant public consultations.
EAPN key references
(All key references can be found on the EAPN website www.eapn.eu
Report on the Lisbon strategy and the National Reform Programmes (A Future worth having” March
2006)
EAPN publication on employment Voices from the Poverty line (September 2006)
EAPN position paper on flexicurity (October 2006)
EAPN has contributed to the Social Platform Position paper on Flexicurity
EAPN response to the Commission Green Paper on modernisation of Labour Law (March 2007)
EAPN response to the Commission Communication on flexicurity (July 2007)
See also issue of EAPN Network News (June 2007) devoted to Employment, including flexicurity.
Note: Concerns regarding employment are also integrated in EAPN inputs on Lisbon and Active
Inclusion (see chapter 2 and 6 of this Policy Brief)
6. STRUCTURAL FUNDS
Contact person in the Secretariat: Vincent Caron + 32 2 226 58 54
vincent.caron@eapn.eu
EAPN groups in charge: Structural Funds Working Group
It is up to you! What you can do.
Working group members are encouraged to:
 Be in touch with their National and Regional managing Authorities to see how they can
contribute to the 2010 year by showing how Structural Funds are a tool for tackling
poverty and social exclusion.
 Let the EAPN secretariat know how they are making use of the new EAPN Structural
Funds manual. They should also seek support for the translation, printing and distribution
of the manual (possible from National Technical assistance support). Working Group
members were asked to let the EAPN Secretariat know how many additional copies of the
manual in English or French would be useful for them and to inform the secretariat if they
could get financial support at National level for reprinting the manual.
 Get in touch with their managing authorities to see if any change is foreseen to the Operational
Programmes as a result of the crisis. Send EAPN any relevant information on how the funds are
changed as a result of the crisis. Ensure that there is a real effort put on simplification and that
our key concerns are taken into account.
 Define their national network’s priorities on structural funds for 2009, building on the capacity
building seminar outcomes (see the notes).
 Send the social indicators’ document to their managing authority and monitoring committees if
this was not done yet
 Get involved in activities around evaluation and closing of the programming period, to promote
a social inclusion perspective
 join the Communities of Practice set up on the different aspects of EQUAL, and call on their
managing authorities to do so as well: www.esflive.eu
 EAPN Networks are encouraged to try to contact the desk officer following their specific
country (list), and to inform the secretariat of their main concerns.
Upcoming developments
 The Barca Report was published on April 29th 2009. This report is a major step forward in the
framework of the discussion on the future of cohesion policy. The main points are the following
:
- Social Inclusion as one of the two core objectives of the cohesion policy
- Management of the structural funds is incompetent
- Restore the structural funds as means to develop regions territories
- Reorientate the structural funds away from local elites
- Structural Funds should be governed from the Commission. The document can be found here.
 The 6th interim Report on economic and social cohesion was published on June 25th 2009. It’s
mainly focused on the regional dimension of creativty and innovation. The second part of this
document summarize key outcomes from the Consultation on the Green Paper on territorial
cohesion. This document can be found here.
 On July 22th 2009, the European Commission presented new measures aiming at simplifying
management rules for the Cohesion Policy. As part of the measures to combat the crisis;
- The Commission may reimburse 100% of the costs declared by the Member States for projects
financed by the European Social Fund (ESF) in 2009 and 2010. This document can be found
here.
- The European Regional Development Fund (ERDF) will be able to support the renovation or
construction of housing for communities faced with social exclusion, particularly Roma, in both
rural and urban areas. This document can be found here.
 On July 24th 2009, the European Commission launched a call for proposals as part of the

European Parliament’s Pilot Project on “PanEuropean Coordination of Integration Methods
for the Roma”. It deals with initiatives in the following areas: early childhood education and
care, selfemployment and microcredit, information and awareness raising. The maximum
budget allocated by the European Union for the project is €4.5 million. The closing date for
participation is 25 September 2009 for all areas of action. All the documents can be found here.
 Since July 2009, Sweden has taken on the rotating presidency of the EU for 6 months (to be
followed by Spain): among the priorities will be a progress in the debate on territorial cohesion,
an evaluation of the action plan accompanying the European Union’s territorial agenda, the
launch of a debate on “macroregional” strategies following the recent adoption of the Baltic
Sea regional strategy.
Key dates of meetings during the Swedish Presidency of the European Union:
- 1011 November in Göteborg – conference on local and regional implementation of the future
Lisbon Strategy
- 1011 December in Kiruna – "Cohesion Policy and Territorial Development" conference
Past developments
 Debate on how to adapt cohesion policy as a result of the crisis is currently going
on: the European Parliament unanimously adopted the European Commission’s
proposal to change costs eligible to the ESF regulation (changing eligible costs)
and supported as well a refocusing on energy efficiency in housing in the purpose
of social cohesion. More information on the changes proposed can be found in
EAPN’s presentation on the issue as well as here.
 In line with EAPN’s recommendations, the 2009 Joint Report on Social Inclusion
and Social Protection, published early March, calls for a strengthening of the
interaction between the European Social Fund and the Open Method of
Coordination on Social Protection and Social Inclusion. Its supporting document
also contains information on how the funds have been implemented in the purpose
of inclusion in the Member States. More detail can be found on the Commission’s
webpage.
 In January 2009, Commissioner Hubner presented the Commission’s priorities for

cohesion policy in 2009: moving forward on debate around the future of the funds
(2014-2020), adapting the funds and boosting their use as a result of the economic
crisis, setting up of an expert group on simplification which should publish its results
in May.
 In January 2009, the Czech Republic has taken on the rotating presidency of the
EU for 6 months (to be followed by Sweden): among the priorities will be
simplification of the funds, debate on the future pf cohesion policy (major
conference organised on 26-27 March in Prague).
 The European Commission is currently undertaking a study on how to improve the

links between structural funds and the Social OMC. EAPN has contacted the
European Commission ESF unit to contribute. In addition, the topic was identified
as a priority within the 2009 Joint Report on Social Protection and Social Inclusion.
EAPN Activities
An indicative work programme for 2009 on structural funds can be found here.
Upcoming activities:
 On November 5th and 6th 2009 the EAPN structural funds working group will meet in
Lithuania. A draft Agenda will soon be available.
 EAPN is preparing a public answer to the Barca Report which will be sent to the European
Commission by the midSeptember 2009.
 EAPN is finalizing a political messages paper based on the information compiled in the Social
Inclusion Survey.
Past activities
 On May 30th 2009, The EAPN structural funds working group met in Vienna.
 The EAPN Social Inclusion Survey has been finalized. It can be found here.
 The EAPN SFWG Internal Briefing on the Barca Report has been finalized. It can be found
here.
 The structural funds working group met on 6th February 2009. Key issues on the agenda will be the
EU recovery plan, transnationality and the 2009 work programme.
 In February 2009, EAPN contributed to the European Commission consultation on territorial
cohesion (link). The contribution insists in particular on the need to put social cohesion at the centre
of the debate.
 In January and February 2009, EAPN inputted in the European Parliament and Commission debates
around simplification and modification of the funds as a result of the crisis.
 11 February 09, Elodie Fazi (EAPN policy officer) took part in the meeting of the Community of
Practice on Partnership in Vienna.
 On 8th December 08, EAPN organised a joint seminar with the European Disability Forum and
CECODHAS (social housing), aiming to review the state of play of the current programming period,
from a social inclusion perspective. The seminar put a strong focus on how to mobilise structural
funds as part of the EU recovery plan. A short report can be found on the EAPN website.
Presentations can be downloaded here.
 EAPN published an analysis of the National Reform Programme (Lisbon Strategy) with a specific
section on how structural funds contribute to meeting the NRP’s objectives.
 On 3031 October 08, EAPN held a capacity building seminar on structural funds. Click to see the
notes.
The Structural Funds and the Cohesion Fund are intended to narrow the gaps in economic and social
development among the regions and Member States of the European Union. Representing more than one
third of EU’s budget, the Funds constitute substantial financial assistance that shapes the longterm
development of the recipient countries and regions.
New challenges for 20072013 – For the period 20072013, cohesion policy will benefit from 35.7% of
the total EU budget (347.41 billion euros), and its general framework has undergone major reforms to
tackle challenges raised in particular by enlargement. Aiming at a more strategic approach, and a more
decentralised management, the new Cohesion Policy has been concentrated on three main objectives,
each targeting specific types of regions and Member States:
- convergence (81.54% of funds, mostly targeted at regions with a per capita GDP at less than 75 % of
the Community average);
- regional competitiveness and employment (15.95%);
- European territorial cooperation (2.52%).
These objectives are to be met mostly through three funds: European Regional Development Fund
(ERDF), the European Social Fund (ESF) and the Cohesion Fund (Member States whose GNI is lower
than 90% of the EU average). New financial instruments have also been created to support innovative
approaches and cooperation with the European Investment bank: Jaspers, Jeremie and Jessica.
For the first time, strong coherence between cohesion policy, the Lisbon and Gothenburg strategy is also
required: according to the “earmarking” process, at least 60% of the funds (in convergence regions, 75%
for competitiveness regions) should be targeted towards Lisbon related fields supporting a “growth and
jobs” approach.
What can the funds do to tackle poverty and exclusion? Although primarily known for their
contribution to growth through support to physical infrastructures, structural funds have significantly
contributed to tackle poverty and exclusion since the creation of the ESF in 1957 and ERDF later on. This
was achieved by supporting a wide range of projects more or less directly employmentrelated, ranging
from community support to formal, but also non formal education and training, support for access to
services....
The process: where are we now? The 20072013 process of adopting national and regional frameworks
is marked by a strong degree of decentralisation. The Funds’ budget and the rules for its use (regulations)
are decided by the Council and the European Parliament on the basis of a proposal from the European
Commission. These are completed by a more strategic document, the Community Strategic Guidelines, in
charge of ensuring coherence with the general objectives of the Union. On this basis, each Member State
has to sumbit a National Strategic Reference Framework, oulining broad priorities, to be negotiatied and
validated by the European Commission within three months upon reception.
Timeline:
Member States’ annual report on implementation of the funds (to be sent by June
each Year)
Debate on future of structural funds: ongoing
Responsible for the Structural Funds process:
National level: National Ministries (mainly, Finance Ministry; but also Social Affairs,
Employment, Environment may be involved, to a lesser extent). In decentralised
Member States, regional authorities may have a relevant role in the process.
EU level:
European Parliament: Regional Development Committee
Commission: DG REGIO, DG EMPL., Employment and Social Affairs Committee. Contacts to the
relevant EC officials are provided in the following documents:
- Contact to ESF desk officers (available from the secretariat)
- Commission directory
Website of the European Social Fund
EQUAL website
Interreg IVC
URBACT
Inforegio website
Compilation of quotations from structural funds key documents, relating to
social inclusion- (EAPN internal document)
Structural funds regulations
Division of resources by Member State
Fact sheets by country
Making a difference to tackle exclusion Since the 90’, EAPN has been involved in advocating the
European institutions to promote a legal framework for the Structural Fund policy which promotes the
fight against poverty and social exclusion. It has also worked closely with National Networks and
member organisations to enhance a stronger NGO involvement in the Structural Fund process both at
national and European levels, and to provide timely information for a better access of NGOs to all stages
of Structural Funds.
Challenges for 20072013 EAPN is rather satisfied with the 20072013 structural funds legislative

framework, which has picked up some of our amendments to strengthen the social dimension of the
Funds and the principle of partnership with civil society. However, the regulations represent only a first
step and it is crucial to ensure their spirit is applied throughout all the process , from design to planning
and monitoring. EAPN will thus continue claiming for the following concerns to be taken into account:
Building upon the strengthened partnership principle For the first time, Article 11 of the Structural
Funds regulation explicitly recognizes the principle of partnership with civil society organisations, which
“shall cover the preparation, implementation, monitoring and evaluation of operational programmes”.
Implementing partnership across the whole SF process is an obligation upon Member States, but the
quality partnership takes various faces across the EU.
Lisbon “earmarking” and approaches to social inclusion The new Cohesion Policy for 20072013
restates the importance of the social inclusion dimension in the Structural Funds. However, in line with
the renewed Lisbon Agenda, the emphasis on jobs, competitiveness and growth hinders a rather holistic
approach to socioeconomic development which takes seriously into account the root causes of poverty in
Europe.
Providing the right framework for NGOs to access the funds To ensure that the funds deliver on tackling
poverty, it is crucial to enable access of those organisations engaged with the most excluded, and to
provide tailored mechanisms. Key tools for NGOs to further engage in the SF process, Global Grants and
Technical Assistance are acknowledged in the regulations but provided by only a minority of Member
States.
Mainstreaming of EQUAL One of the success stories of the last round of the structural funds was the
Community Initiative Programme (CIP) EQUAL, which operated on the basis of social inclusion,
innovation, transnationality, empowerment and the bottomup approach, with over 2,000 projects, mainly
for NGOs. There will be no CIPs in the new round, but the Community Strategic Guidelines expressly
required that these principles be mainstreamed in the new round (namely innovation, transnationality,
partnership and gender), as well as of the types of action it supported..
Building on the potential of new programmes and financial schemes Within or along with ERDF and
ESF, a number of programmes and funding mechanisms can have an impact on the fight against poverty,
and it is crucial to ensure this potential is not lost. This concerns in particular URBACT II, which aims
"to improve the effectiveness of sustainable integrated urban development policies in Europe with a view
to implementing the Lisbon and Göteborg strategies", and the new Joint European Resources for Micro to
medium Enterprises, Jeremie, which should promote increased access to finance for the development of
micro, small and mediumsized enterprises, partly inspired from the local social capital initiative run by
the Commission in 2001.
EAPN key references
All EAPN documents, including EAPN’s response to the SF Regulations, the Community Strategic
Guidelines and the Communication on Cohesion Policy and Cities can be accessed on the EAPN website
www.eapn.eu.
We invite you to look in particular at the new specific public and members’ only (password, 1515), pages
on structural funds.
7. SERVICES OF GENERAL INTEREST /SOCIAL SERVICES

(Please note that this section will be reshuffled for the next issue of the Policy Brief).
Contact person in the Secretariat: Vincent Caron + 32 2 226 58 54
vincent.caron@eapn.eu
EAPN group in charge: Social Inclusion Working Group
It is up to you! What you can do
 Consultation on Responsible Lending and Borrowing in the EU: please give us your inputs on
the consultation document.
 Third Energy Package: Member States will have to implement the legislatives acts set put in
this package and especially the directive concerning common Rules for the internal market in
electricity which imposes some legal requirements to national governments about energy
poverty (see details below). It’s now time for you to start lobbying your government to get a
national framework on energy poverty which will fully protect the rights of people
experiencing poverty.
For information Latest policy developments
Social Services
 On the 8th of June 2009, the EPSCO Meeting was dedicated to Social services as a tool for active
inclusion, strengthening social cohesion and an area for job opportunities. In the context of the
economic and social crisis, the need of social services is all the more crucial to mitigate its social
impacts. But, there is no legally binding proposal. The proposals are the following :
 A voluntary Quality Framework for social services which aims at providing guidance on
methodology to set up, monitor and evaluate quality standards for social services, which is to
be developed within the Social Protection Committee with the support of the Commission
 Exchange of good practices among the Member States as regards access to sustainable and
high quality social services.
 Encouragement of the use of existing EU tools (European Commission’s interactive
information service for the application of Community rules in the field of SSGI.
 The Czech Presidency organised a conference on Social Services of General Interest on 2223 April.
Please click here to see the intervention of Ludo Horemans, EAPN president.
 In December 2008, the Social Protection Committee adopted Operational
Conclusion on the applicability of Community rules to SSGIs. They insist on the
necessity to further disseminate information to increase legal certainty and identify
three themes which should be subject to further analysis: the cooperation between
public authorities, the role of non-profit providers, public procurement procedures
and alternatives to these procedures.
 A Social Protection Committee working group has been set up to work on SSGI and
in particular the development of Quality Principles.
 Access to Social Service is also one of the key pillars of the Commission’s Active Inclusion
approach (see specific section in the policy brief).
 The French Presidency held the 2nd Forum on Social Services in Paris on the 28th and 29th October
2008. EAPN participated as a speaker. More information can be found here.
 On the 3rd of July 2008, as part of the renewed “Social Agenda” package, the Commission published
the "First biennial report on the situation of social services of general interest in the EU" (see
MEMO/08/465). The report contains an analysis of the role and situation of social services of general
interest in Europe as well as the challenges faced.
Health Services
 The Commission launched in February 2009 consultation on health inequalities. It will be
followed by a Communication at the end of 2009 (after consultation of the SPC), which should
propose a multifold approach but no specific legislation (to be defined: dialogue through an OMC,
mainstreaming in key policies, health inequalities targets…). EAPN contributed to the Social
Platform’s response.
 In December 2008, the Commission launched a consultation on mobility of workforce in the health
sector, under the form of a Green Paper. The aim is to review how to respond to common challenges
such as mobility, recognition of qualifications and workforce shortage in some countries.
 A proposal for a Directive on the Application of Patients’ rights in CrossBorder Healthcare was
published on the 3rd July 2008 as part of the social agenda package. Member states are already
highlighting the unworkeabilitly of the current proposals, in clarifying patient's rights, member states
responsibilities and dealing with subsidiarity, during a stakeholder debate held in the Parliament on
July 15th. MEPs also highlighted that it would lead to a confirmation of 2tier Europe with different
services for the poor and the wealthy as to get the crossborder services you need to pay up front. For
more information see EURACTIV summary. See also EAPN briefing on the Renewed Social Policy
Agenda.
Services of General Interest
 Hope from the new Protocol/Lisbon Treaty The main hope for a way forward on SGI is currently
focussed on the implications of the new Protocol 26 of the new Lisbon Treaty (See background
information). Some actors have started campaigning on the issue: ETUC (European Trade Union
Confederation) in particular is calling for: immediate implementation of the new treaty (once
ratification is complete), the setting up of a Council working party to deal with transposition and for
the EP to make a full report of the consequences. A further proposal by ETUC is the introduction of a
social clause which would have as its objective the clarification of the relationship between the
internal market and fundamental social rights, which should be introduced in all single market
legislation
 The independent expert report on the Horizontal Evaluation of Network Industries highlighted some
key failings in the current procedure – particularly the lack of independent assessment, and the
limited social data and evaluation, which insufficiently dealt with consumers and users doubts about
the success of liberalisation of the market in producing better conditions lower prices. The European
Parliament has called for a report to be made in 2007 to assess the impact of liberalisation on SGI.
For 2009, the current limited economic evaluation, led by DG ECFIN, will continue.
Energy
 On 25 June 2009, the Council unanimously adopted the package of legislative measures
concerning the internal energy market, approving all the European Parliament’s second
reading amendments (see just below).
Consequently the procedure at the EU level is ended.
- A summary of the procedure can be found here.
- The directive concerning common rules for the internal market in electricity can be found here.
The Member States will have 18 months to transpose it into their national legislation.
 On 22 April 2009, the European Parliament adopted its resolution on the Internal Market in
Electricity, tabled in second reading by Rapporteur Eluned Morgan (PES). The text recognizes
energy poverty as a “growing problem in the Community”, calls on Member States to develop
“national action plans or other appropriate frameworks to tackle energy poverty”, “ensure the
necessary supply for vulnerable customers”, develop integrated approaches (in particular through
social policy and energy efficiency measure). It also encourages Member States to define vulnerable
customers and prohibit disconnection in critical times. However it represents a compromise with the
Council, and as such appears weaker that the previous version adopted by the Parliament last year
(tabled in first reading). References to a common definition of energy poverty and pricing measures
were taken out. The amended proposal now has to be formally adopted by the Council, but few
changes are expected at this stage. A summary of the procedure can be found here.
 The European Parliament R esolution on a European Charter on the Rights of Energy

Consumers was adopted in June 2008. It stresses the need for a more binding nature to enforce
customer’s rights and to turn the Charter into a legislative document linked to the Directives on
Energy. It further calls for better use of public service obligations to support vulnerable customers
including a social default tariff and for all Member States to set up a National Energy Action Plan
addressing Energy Poverty.
 Declaration on Energy Poverty. Several MEPs have proposed a parliamentary declaration on energy
poverty, calling on the Commission and member states to take urgent action on the proposals in the
Energy Package. Despite strong lobbying by EAPN members and other NGO’s, only 160 signatures
were gained. So the Declaration fell end of 2008.
Financial inclusion
On the 15th of June, the European Commission launched a consultation on Responsible Lending
and Borrowing in the EU . You can found the consultation document here. The consultation will
last until 31 August 2009. This consultation follows the one recently closed about "Financial
Inclusion: Ensuring access to a basic bank account"). It aims at restoring consumer confidence in
the banking institutions, which has been very affected by the financial crisis. Points of interest in
this Consultation might be as follows:
 The emphasis on online tools as a way of educating, guiding and advising consumers e.g in
the paragraphs on "risk guidance" and "responsible borrowing" .
 The question of nonbinding, voluntary approaches versus a more enforceable, regulatory
EUwide approach e.g on the topics "precontractual information", "advice standards"
"framework for intermediaries in the EU", "registration, licensing and supervision of
credit intermediaries
 The questions of the credit products suitability and of reviewing creditworthiness
assessment procedures are also addressed.
After that, the Commission will organize a hearing on Responsible Lending on 3 September
2009 to discuss with stakeholders on the most appropriate policy responses. The European
Commission will decide afterwards the next steps.
EAPN activities
Services (general)
Social services
 On 23 April 2009, Ludo Horemans, EAPN President, contributed to the Czech Presidency

conference on Social Services of General Interest. Please click here to see presentation.
 On 9th February 2009, EAPN took part in the kick of conference of the CEN workshop on Common
Quality Framework for Social Services, part of the EQUASS project
Energy
Financial inclusion
 EAPN will contribute via the Social Platform to responde to the consultation on responsible
lending and borrowing in the EU.
 For more information, please see EAPN Briefing on SGIs, and EAPN explainer on services of
general interest
Services of General Interest
Services as diverse as healthcare, telecommunication, social services or energy have a key role in
ensuring social cohesion. They all have in common to have faced major changes over the last decades, as
a result of both EU integration and the socalled “modernization” of welfare states: new relation between
providers and users, privatization leading to increasing consumer choice but also in some cases higher
prices for the most basic services.
Representing 75% of EU jobs and 65% of GDP in the EU, and having a strong growth potential, they
have also been at the centre of the revised Lisbon Strategy. This led to the adoption of the much debated
Services Directive 1 in 2006, which aims at “eliminating obstacles to trade in services, thus allowing the
development of crossborder operations”.
However the EU has recognized that many services are of important public or “general interest”, and
require specific safeguards to ensure that their public service obligations are met – in particular access,
continuity, affordability, and quality. A key debate has therefore been to identify which services should
be “protected” from EU internal market rules, how this should be done, and how to approach those
sectors that are the most essential to social cohesion.
Following the publication of the White paper on services of general interest in May 2004, the
Commission proposed a more systematic approach. The Lisbon Treaty went some way towards clarifying
the situation, by entailing a new protocol on SGIs, which emphasizes the EU shared values with regard to
SGIs and gives what can be seen as a definition of public service obligation. A reworded article 16 (now
article 14) also stresses the joint responsibility of the EU its Member States and establishes a new legal
basis for the EU to take further legal action.
Yet the European Commission made it clear in a 2007 Communication that it did not intend to push for
horizontal legislative framework and would keep moving on the line of sector specific legislation (or
quality framework in the case of on social services). It remains to be seen how other actors (e.g.
Parliament) would make political use of the new legal basis in case the Treaty is ratified.
Social services
Social Services of General Interest have been only partly taken out of the scope of the Service Directive,
which left some questions opened on the applicability of internal market rules in the sector. The 2007
Commission Communication on SGIs and SSGIs went someway towards giving a definition of the
specificity of social services and stressed the need to ensure the promotion of quality “in a more
systematic manner”, raising the difficulties of applying Community rules – particularly public
procurement and state aid. Rather than proposing new sector specific legislation, the Commission
proposed:
1
See EAPN explainer on the Service Directive
To clarify legal uncertainties on the applicability of internal market rules through a "Frequently Asked
Questions" (FAQ) documents and interactive information service (IIS) operational since January 2008
To boost the quality of SSGIs through the definition of a voluntary EU Quality Framework.
For more information on SGIs and specific areas (health, financial inclusion, energy), please see EAPN
briefing on SGIs (April 2009).
Energy poverty
Following EU pressure to rapidly complete the internal market in Energy, the sector faced major changes
over the last years: opening up markets to private actors, supposedly leading to increasing consumer
choice. Yet it was also accompanied by a major increase in prices, which led to a more and more
Europeans being considered as energy poor. The (still limited) steps taken to protect the “most vulnerable
consumers” and take increasingly account of energy poverty thus remain subject to heated discussions.
In particular, the Commission (DG TREN) published a communication – Towards a Charter on Energy
consumers rights followed by a consultation which ended in September 2007.
The revision of the third legislative package has been discussed since 2007, which led to a better – but
still limited – acknowledgement of energy poverty.
Responsible for:
National Level: National Ministries with responsibilities for economic affairs and
enterprise
EU Level: Directive on Services: DG Internal Market and Services, Directorate E,
Secretariat General in the EU Commission
DG Employment:
Social Services – DG Employment, Unit E/4.
Concetta Cultrera, Unit E/4, Head of sector – social services of general interest.
Tel: + 32 2 229 94814
Michele Calandrino (Active Inclusion, quality principles for social SGI) – Unit E2
Tel: +32 2 2954179
DG Internal Market: Cécile Helmryd (social SGI and internal market rules. Unit E1. Tel
+(32) 2 2951742. E-mail: Cecile.helmryd@ec.europa.eu.
Amaryllis Vervhoeven (Internal Market review; SGI in internal market. Unit B1.
Tel: +32 2 2998356
E-mail: amaryllis.verhoeven@ec.europa.eu.
DG Sanco (Health and Consumer Protection)

Véronique Arnault, Head of Unit B1, Policy analysis and development. Relations with
consumer organisations, international relations.
Tel: + 32 2 2990006
Internal Market site: Commission Documents on the Services Directive
Parliament Documents: related to the Services Directive
Documents related to the Communication on Social Services of General Interest site
DG TREN site: Documents related to Energy Directive and the Energy Charter are available on the
EAPN’s work on services focuses on the following priorities:
The refusal of the EU to establish a strong horizontal framework on all Services of General Interest as
a balance to the liberalization of the market through the Services Directive and other sectoral initiatives.
The unwillingness to affirm the overarching priority of a social Europe = guaranteeing the
implementation of universal services obligations (accessible, affordable, quality services) and ensuring
their priority over and above the interests of the market.
The limited exclusion of social services from the Services Directive, the separation of health services
from social services, with its own legal process and and the development in 2008 of a proposal for a
health directive on crossborder services.
The lack of progress on developing a specific EU framework for social services.
The reticence of the Commission to objectively assess the impact of liberalization and privatization
on users and particularly on the poor. A good example of this is to look at what has really happened to
energy prices, access, continuity and quality of supply with liberalization based on the real experiences of
the poor.
Above all, the lack of active stakeholder involvement in the debate and the design of policy proposals,
the horizontal evaluation of Services of General Interest, or impact assessment procedures, particularly of
the people most affected – people experiencing poverty.
Past action
EAPN has contributed to the work of the Social Platform to develop a Social NGO contribution to key
debates around SGIs and SSGIs. From 2007 to 2008, EAPN has set up an adhoc Group on Services,
which aimed to help EAPN engage better with the complex field of SGI and SSGI and to actively develop
briefings and position papers to highlight EAPN concerns. The work on services has now been
mainstreamed and will be followed up within the Social Inclusion Working Group. Some key actions:
– Together with the Social Platform, EAPN campaigned against the Services
Directive on three key areas: get Services of General Interest excluded from the
Directive, get the specificity of social and health services recognized and excluded,
get the “country of origin” principle abolished, which could have led to social
dumping.
– EAPN has been actively involved with the Social Platform in other debates on the future of SGIs in
the European Union, advocating for a strong framework and acknowledgement of the Universal
Service Obligation.
– SGIs were a strong focus of the 7th People Experiencing Poverty Meeting (2008)
– EAPN Published a glossary on services of general interest and an explainer on the Service Directive
– EAPN has responded to the Consultation on the Charter for Energy Consumer’s Rights and has been
active in lobbying around the revision of the Energy Package.
Directive of the European Parliament and of the Council regarding the European
Investigation Order in criminal matters
Committee on Civil Liberties, Justice and Home Affairs
http://www.europarl.europa.eu/meetdocs/2009_2014/documents/libe/dt/887/887403/887
403en.pdf

Dáil Eireann Debate OF PESCO EU ARMY IN SECRET

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Written Answers Nos 1-57 - Oireachtas

Dáil Eireann Debate

Dáil Eireann Debate

Revisions to the Irish Constitution – Lisbon Treaty ... Treaty referred to in

6. No provision of this Constitution invalidates laws enacted, acts done or measures

i. the said European Union or the European Atomic Energy Community, or by

from having the force of law in the State.

someone should update the constitutions website...

PESCO and the assault on Irish neutrality

Delegated Legislation and Article 15.2 « eParliament

Delegated Legislation and Article 15.2

Posted by bollinsl on 14 June 2011

Paper submitted to TCD

Administrative power or legislative power?.. 5

The principles and policies test. 5

Comments on Article 15.2.. 11

Appendix 2: List of Cases. 15

Exhibit A Check List. 17

Exhibit B: Extracts from the Constitution of Ireland.. 19

Exhibit D: Extract from the European Communities Amendment Acts 1972 –

Exhibit E: Extract from the Programme for Government 2011.. 24

legislative authority has power to make laws for the State.”

by not being too stringent when applying the test.

as interpreted by the courts.

EU law (see exhibit D).

A suggested checklist of questions to be asked when considering if a delegated legislation proposal is

Definition of delegated legislation

Delegated legislation may be defined as legislation made by a body authorised to do so by the

The Statutory Instruments Act 1947 includes this definition:

exercise of a power conferred by statute.”

Administrative power or legislative power?

administrative power assigned.

Constitution does not assign administrative power to the Oireachtas.

but merely an administrative function.

Doyle [Doyle 2008 p313 [11-08]] said that

fall foul of Article 15.2.

The principles and policies test

details may be handled by secondary legislation.

This test is easy to state but difficult to apply.

levies imposed on a designated industry were an unauthorised delegation of parliamentary power or

of those policies and the achievement of those aims…

down by the section…

[Morgan 1997, p 239], writing about the judgment,

in fixing the amount of the levy…”

[Doyle 2008, p314, [11-13].

whom Hamilton CJ concurred) found that

Justice to legislate for deportation.”

the same reasons as stated by Keane J in Laurentiu.

in 5(1)(h) was clear.

Henry VIII Clauses: Non delegation & Ultra Vires doctrines

The Oireachtas cannot delegate power to amend legislation.

authority will have acted ultra vires. [Doyle 2008, p321]

O’Higgins CJ reasoned that

withinIreland, and is protected by Article 29.4.

regulation, and would be unconstitutional except for Article 29.4.

Finlay CJ delivering the judgement of the court said

the Cityview case:

power. [Doyle 2008, p396]

now. [Doyle 2008, p399]

Comments on Article 15.2

The CRG felt that

different areas in different ways”.