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January 2014 Dáil Written Answers
PictureMoore Street
29 January Carlton Site (Chartered Land)  NAMA Debtors
34. Deputy Maureen O'Sullivan   asked the Minister for Finance   the extent to which financially the National Asset Management Agency is funding the drawing up of the revised plans for the proposed development of the Carlton site aka Dublin Central by Chartered Land; and if he will make a statement on the matter. [4353/14]

Minister for Finance (Deputy Michael Noonan):   As the Deputy may be aware, NAMA is subject to similar legal requirements as other lenders that preclude it from disclosing details relating to its debtors and properties owned by its debtors.

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29 January National Monuments
 93. Deputy Maureen O'Sullivan   asked the Minister for Arts, Heritage and the Gaeltacht   if he has received the revised plans for the proposed development of the Carlton site aka Dublin Central by Chartered Land and when submitted will they be made available for inspection and comment by interested parties and members of the public; if he will consult with the National Museum on the revised plan; and if he will make a statement on the matter. [4416/14]

Minister for Arts, Heritage and the Gaeltacht:   I propose to take Questions Nos. 23 and 93 together.

On 16 July 2013 I made a determination under the National Monuments Acts in relation to a consent application and related Environmental Impact Statement submitted by the owners in relation to proposed works on the Moore Street national monument site. My decision on the consent application provided, inter alia, for the full repair and restoration of the monument buildings and the creation of a commemorative centre to honour the leaders of the 1916 Rising.

The national monument is in private ownership and, accordingly, the advancement of proposals that reflect the terms of the consent I have granted is a matter for the owners. The consent is, however, conditional on a revised project design that takes full account of the terms of my decision being submitted for my approval within 9 months of the decision date. A further condition requires substantive works to commence on site within 3 months of the approval of the revised proposals.

I understand that the monument owners have informed my Department that they are currently preparing proposals for the site that accord with the terms of my decision on the consent application and that the revised proposals will be submitted for my approval shortly. They will be assessed as quickly as possible on receipt to establish whether they conform to the terms of my decision on the consent application. The consultation procedures prescribed under the National Monuments Acts have already been completed in this case as part of the processing of the consent application and related Environmental Impact Assessment,

The question of whether any revised proposals would require a new application for planning permission is a matter for the planning authority, Dublin City Council.

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22 January Banking Sector Staff Issues
53. Deputy Maureen O'Sullivan   asked the Minister for Finance   the number of bank staff currently availing of lower or favourable mortgage or other loan interest rates; of those staff, the number that have been able to negotiate a write down of their debts; the total number of persons registered by the banks who had their loans, mortgage or otherwise written down; the number of those that are bank employees; what are the above figures broken down by each institution that has been bailed out by the Irish people; and if he will make a statement on the matter. [3106/14]

Minister for Finance :  I can inform the Deputy that the Banks have provided me with the following details regarding staff loans, loan write offs and related matters:

1) Allied Irish Banks

In line with other financial institutions, AIB had a policy of offering favourable loan rates to staff. This policy has been discontinued for standard new lending to AIB staff.

With regards to workout situations in respect of arrears AIB does not differentiate between staff and non-staff in terms of customer treatment. While acknowledging that no two loans are exactly the same, a consistent approach is applied to all customers, including staff members, in line with AIB's current policies and procedures.

All relevant disclosures in relation to AIB's mortgage portfolio are contained on pages 26-32 of its Half Yearly Financial Report 2013 which is available on its website.

 2) Bank of Ireland

Bank of Ireland does not comment on specific holdings of products by staff as customers.

Bank of Ireland's annual report for the year to 31 December 2012 gives comprehensive disclosures on its Loan Portfolios (including mortgages) in pages 320 to 345.

Comprehensive disclosures on its Loan Portfolios (including mortgages) may also be found in Pages 113 to 139 of the Group's interim financial statements of the six month period ended 30th June 2013.

As a general comment, Bank of Ireland has noted that the prevalence of preferential rates has greatly decreased in the past ten years, as commercial rates are often lower than staff rates, particularly when applicable Benefit-in-Kind (BIK) is taken into consideration.

3) Permanent TSB  

In line with other banks Permanent TSB has offered favourable loan rates to staff. I have been informed by Permanent TSB that a minority of staff (less than 30%) are currently availing of lower or favourable mortgage or other loan rates. Permanent TSB has informed me that no Benefit In Kind has applied on mortgage loans in 2013 given the low interest rate environment.

Permanent TSB provides extensive disclosure on its loan portfolios in its annual and interim accounts. Permanent TSB advises that write-downs are agreed with customers only at the end of a process where other options are not sustainable and customers have fully engaged with the bank. Permanent TSB has informed me that none of its staff have negotiated a write down of their loans.

4) IBRC

The Special Liquidators can confirm there are no employees currently availing of favourable mortgage or other loan interest rates.

The Special Liquidators confirm that all Borrowers can re-finance their borrowings with other lending institutions however there will be no write down of the debt outstanding.





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16 January Deer Antlers' Regulation
277. Deputy Maureen O'Sullivan   asked the Minister for Agriculture, Food and the Marine   if the removal of a deer's antlers by sawing or other means constitutes a mutilation under section 11(b) of the Animal Health and Welfare Act 2013; and if he will make a statement on the matter.  [1943/14]

Minister for Agriculture, Food and the Marine:   Matters relating to prohibited operations and procedures for deer antlers will be regulated under Section 16 of the Animal Health and Welfare Act 2013.

Regulations are currently being prepared under Section 16 of the Act to set down those procedures to be permitted under this Section. It is my intention under these regulations to permit the removal of the non-sensitive part of the antlers of farmed deer (unless the antlers are in live velvet) by a veterinary practitioner. It will be an offence to carry out a procedure interfering with sensitive tissue on an animal in contravention of these regulations, which will replace Statutory Instrument 267 of 1994 (Welfare of Deer Regulations).

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15 January National Monuments Moore Street

 415. Deputy Maureen O'Sullivan   asked the Minister for Arts, Heritage and the Gaeltacht   if he will ensure that the agreed inspection and survey of the 1916 national monument at Moore Street will be facilitated immediately by its owners (details supplied), as a matter of urgency, in the public and national interest.  [55192/13]

Minister for Arts, Heritage and the Gaeltacht:   As the Deputy is aware, the national monument is not in the ownership of the State. The practical arrangements for the proposed survey of the national monument buildings by the 1916 relatives’ representative group, which the monument owners have agreed to in principle, are matters for the group and the owners to agree.

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15 January Biofuel Obligation Scheme Targets

437. Deputy Maureen O'Sullivan   asked the Minister for Communications, Energy and Natural Resources the reason Ireland was not one of the group of progressively-minded EU countries which succeeded in blocking the motion for 7% cap on bio-fuels, particularly in view of Ireland's strong commitment to hunger eradication; and if he will commit to supporting the 5% cap when the debate is resumed.  [55191/13]


Minister of State at the Department of Communications, Energy and Natural Resources:  The Government shares the concerns expressed that biofuel production and its use, unless properly regulated, may not deliver the required greenhouse gas savings and could impact negatively on food production and on food prices. Throughout discussions on the European Commission's proposal to address the risk of indirect land-use change (ILUC), which have been ongoing for almost a year at this stage, Ireland has argued for measures that will mitigate the ILUC risks of certain categories of biofuels.

In this regard, Ireland's preference is to see as low a cap on biofuels with a risk of ILUC effects as is realistically achievable in order to mitigate the potential conflict between biofuel use in the EU and land use in the developing world. In the interests of facilitating negotiations with the European Parliament with a view to reaching an agreement as quickly as possible, at the December meeting of the Energy Council Ireland supported the Lithuanian Presidency’s proposal, which included a 7% cap on biofuels with a risk of ILUC. However, agreement could not be reached at the Council and seven Member States voted against the proposal, including a number of Member States who had argued for a higher cap or no cap at all.

It should be noted that in the absence of an agreement, there will continue to be no restriction on Member States using first generation biofuels with a risk of ILUC in meeting their renewable energy targets. It is for this reason that Ireland will continue to support efforts to secure as low a cap as is achievable.

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15 January European Refugee Fund and the European Fund
for the Integration of Third-Party Nationals


 558. Deputy Maureen O'Sullivan   asked the Minister for Justice and Equality   the number of migrant-led organisations that applied for moneys under the European Refugee Fund and the European Fund for the Integration of Third-Party Nationals; if he will indicate the number of migrant-led organisations here which obtained such moneys in the recent allocation of EU funding to successful applicants; and if he will make a statement on the matter.  [55458/13]

Minister for Justice and Equality (Deputy Alan Shatter):   I propose to take Questions Nos. 555 and 558 together.
From the information available, two organisations which are substantially or entirely migrant-led applied under the European Integration Fund and two under the European Refugee Fund. These applications were not successful. However, many organisations which are not migrant-led would have had migrant involvement, including in key positions in many cases. Furthermore, all applicants were required to demonstrate previous experience or current suitability for engaging with the migrant target group and that they had engaged with the target group in the design and delivery of the proposed project. My Department will consider what steps might be taken in future similar calls to encourage a greater participation of migrant-led groups. Details of all successful applications can be found on the website of the Office for the Promotion of Migrant Integration in my Department, www.integration.ie. It is not the practice to disclose details of unsuccessful projects.

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15 January European Refugee Fund and the European Fund
for the Integration of Third-Party Nationals


 558. Deputy Maureen O'Sullivan   asked the Minister for Justice and Equality   the number of migrant-led organisations that applied for moneys under the European Refugee Fund and the European Fund for the Integration of Third-Party Nationals; if he will indicate the number of migrant-led organisations here which obtained such moneys in the recent allocation of EU funding to successful applicants; and if he will make a statement on the matter.  [55458/13]

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15 January Teacher Training ‘Special Needs’ Provision

 183. Deputy Maureen O'Sullivan asked the Minister for Education and Skills   the extent of training in the bachelor of education courses for primary school teachers in the area of autism; if he is satisfied the teachers are sufficiently trained to teach autistic children in main stream primary schools; and if he will make a statement on the matter. [55265/13]

Minister for Education and Skills (Deputy Ruairí Quinn):   The Deputy will be aware of this Government's ongoing commitment to ensuring that all children with special educational needs can have access to an education appropriate to their needs. I am satisfied that current arrangements are adequate to ensure that teachers receive the necessary initial education and have access to quality continious professional development programmes during their career so that they are in a position to meet the needs of students.

In relation to initial teacher education, while special education has long been a feature of initial teacher education (ITE) programmes, the Teaching Council, the body with statutory authority and responsibility for the registration of teachers, requires the reconceptualised and extended Bachelor of Education programmes which commenced in 2012, to address a number of specific elements including differentiation, Inclusive Education including Special Education and literacy and numeracy. The learning outcomes of these revised programmes require the graduate teacher to be able to conduct a systematic, holistic assessment of learner needs, to apply knowledge of the individual potential of students, their disposition towards learning and their backgrounds, identities and learning styles to their teaching, to set clear, challenging and achievable expectations for pupils, to evaluate learner progress, to act as an advocate for students, referring students for educational support as required and participating in the provision of that support, amongst other relevant outcomes. Student teachers may also have access to additional elective courses with content focussing on special education.

All primary teachers are qualified to teach in any primary or special school classroom. Teachers have access, through the Special Education Support Service, to continuing professional development in a range of autism specific interventions, including Applied Behavioural Analysis (ABA), the Treatment and Education of Autistic and Related Communication Handicapped Children (TEACCH) and the Picture Exchange Communication System (PECS).

My Department also funds a number of Post-Graduate Programmes for teachers involved in Learning Support and Special Education. These programmes are specifically designed to assist all schools and educational services in meeting the needs of students requiring learning support and the teaching of students with special educational needs. Since 2007, some 2,000 teachers have completed these programmes.

I have requested the National Council for Special Education (NCSE) to prepare Policy Advice on the Educational Provision for Children with Autism Spectrum Disorders. The NCSE has commissioned research which will not be finalised until mid to late 2014 and I expect that this research will inform much of the work in preparing the policy advice. Accordingly, it is not expected that the report will be finalised until early 2015.


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15 January Founding of Cumann na mBan 1914
 424. Deputy Maureen O'Sullivan   asked the Minister for Arts, Heritage and the Gaeltacht   the plans in progress to officially celebrate the centenary of the founding of Cumann na mBan; and if he will make a statement on the matter. [55576/13]



Minister for Arts, Heritage and the Gaeltacht :   I propose to take Questions Nos. 418 and 424 together.
The founding of Cumann na mBan on April 2nd 1914 was a very significant development and will be a salient date in the centenary commemorative calendar. In seeking to ensure that the commemorative programme is authentic, comprehensive and inclusive, I am particularly concerned that the role of women in the Irish revolution - and especially their service relating to the Easter Rising - will be acknowledged and brought to public attention.

The history and achievements of Cumann na mBan will be presented at a special conference organised by the Women’s History Association of Ireland on 4 and 5 April and I am pleased to be in a position to host this event at the National Museum in Collins Barracks.

Arrangements are being made for a special issue commemorative postage stamp marking the founding of Cumann na mBan. Further proposals are under development with my colleagues in Government and other commemoration partners (particularly Glasnevin Trust) regarding other presentations, wreath laying and special ceremonies to mark this important anniversary. The formation and development of Cumann na mBan will also be featured in Century Ireland, the online contemporary newspaper of the Centenary programme.

I hope that this Centenary anniversary will also be marked by community and voluntary groups, academic institutions and local authorities. I would encourage all who hold memoirs, photographs, records or artefacts relevant to Cumann na mBan to bring them forward at this time. The national and local authority collections would be enhanced to receive digitised copies of such records. Additionally, I would welcome contact from interested parties to discuss any proposals that they may wish to bring forward to mark the anniversary of the founding of Cumann na mBan.

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15 January Housing sales & links to organised crime?
537. Deputy Maureen O'Sullivan   asked the Minister for Justice and Equality   his response to the latest report from a company (details supplied) highlighting a significant strength in cash payments, where 54% of residential transactions made in the first nine months of 2013 involved cash purchases in comparison to 43% in 2012; the vendor profile for those transactions involving cash; if he is confident that there are no links to organised crime and criminal gangs; and if he will make a statement on the matter. [1229/14]

 539. Deputy Maureen O'Sullivan   asked the Minister for Justice and Equality   the guidelines or statutory regulations that are in place to ensure estate agents carry out vetting of home buyers who pay with large sums of cash; if there is any obligation on estate agents to declare a cash transfer on homes; his response to a companies (details supplied) report on home buyers stating a noticeable increase in the strength of cash in 54% of all property transactions; what is the vendor profile for those transactions involving cash, how to ensure that there are no links to organised crime and criminal gangs; and if he will make a statement on the matter. [1242/14]

Minister for Justice and Equality:   I propose to take Questions Nos. 537 and 539 together.

I note that the Report referred to by the Deputy was issued by a well-known estate agency with a national presence and highlighted the ongoing prevalence of cash buyers in the property market. I should advise the Deputy that the Property Services Regulatory Authority was established in April 2012 under the Property Services (Regulation) Act 2011 and is responsible for controlling and regulating Property Service Providers (i.e. Auctioneers/Estate Agents, Letting Agents and Management Agents).

To enable the Authority to exercise its regulatory role, Section 65 of the 2011 Act provides that the Authority "shall, following the receipt of a complaint, or may of its own volition, cause such investigation as it thinks fit to be carried out..." to identify any "improper conduct" which has or is being committed by a Property Services Provider. I am advised by the Authority that it does not collect or collate information in relation to cash buyers. The Authority is aware that in recent years there has been an increase in the number of properties bought for cash. This could, however, be attributed to a decrease in mortgage lending and the Authority is not currently aware of any more sinister explanation for this trend.

However I can assure the Deputy that measures are in place to ensure that any suspicious transactions can be examined by the law enforcement authorities. A Property Services Provider is a "designated person" for the purposes of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. To comply with that Act, designated persons are required to have a range of measures in place to ensure that customers are not laundering money or financing terrorism. This includes identifying and verifying the identity of customers and beneficial owners, training their staff, keeping records etc. and making Suspicious Transaction Reports as necessary to An Garda Síochána and the Revenue Commissioners.

Under Section 42 of the 2010 Act, where a Property Service Provider knows, suspects or has reasonable grounds to suspect, on the basis of information obtained in the course of business that another person has been or is engaged in money laundering or terrorism financing they are required to make a Suspicious Transaction Report to An Garda Síochána and the Revenue Commissioners. All Suspicious Transaction Reports are subsequently investigated as appropriate by the law enforcement authorities to examine any links such transactions may have to any form of criminal activity.

I can further inform the Deputy that it is my intention to confer the relevant powers under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 on the Property Services Regulatory Authority, by way of an order under Section 60 of that Act, to enable that Authority to monitor property service providers for the purpose of securing compliance by such providers under the requirements of the Act. I understand that it is the intention of the Property Services Regulatory Authority, once such powers are delegated, to include as part of its normal regulatory investigations, an examination of how property service providers are complying with their obligations under the 2010 Act.

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15 January Employment Rights Issues
323. Deputy Maureen O'Sullivan   asked the Minister for Jobs, Enterprise and Innovation   the protections are in place for jobseekers taking up temporary sole trader work if they need to return to social welfare, if they are being exploited by the number of hours and the respective pay they receive; the obligations job search websites have on the type of jobs they are permitted to advertise; the vetting they are obliged to carry out on informal work offers wishing to advertise on the job sites; and if he will make a statement on the matter. [1457/14]


Minister for Jobs, Enterprise and Innovation :    Ireland’s body of employment rights legislation protects all employees legally employed on an employer-employee basis in Ireland, regardless of the designation/job description given to them. Therefore, once it is clear that a person is working under a contract of employment, on a full-time or part-time basis, that person has the same protection under employment law as other employees.

Section 2 of the National Minimum Wage Act provides that a “contract of employment’ means-

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person or a third person (whether or not the third person is a party to the contract), whether the contract is express or implied and, if express, whether or not it is in writing.

Any person with such a contract is entitled to be paid the appropriate national minimum hourly rate of pay.

Complaints received by the National Employment Rights Authority which concern employment status are initially examined using the provisions of the ‘Code of Practice Determining the Employment or Self-Employment Status of Individuals ’. A copy of this code is available for download from –

www.revenue.ie/en/tax/rct/determining-the-correct-employment-status-of-a-worker .

In circumstances where an individual’s employment status cannot be clarified, or is disputed, the employer or employee in dispute can make a request in writing for a ruling to the Scope section (Insurability of Employment), Deptartment of Social Protection, Oisín House, Pearse Street, Dublin 2. The telephone number is 01 673 2585. Information is also available on that Departments website, www.welfare.ie. Misleading advertisements affecting traders (defined as persons acting for purposes relating to the person's trade, business or profession) are regulated by the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007). These Regulations do not provide for any public enforcement role. It would instead be a matter for the trader affected by the misleading advertising to apply to the courts for an order to prohibit the advertisement.

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15 January Sale of State Assets
438. Deputy Maureen O'Sullivan   asked the Minister for Communications, Energy and Natural Resources   if half of the proceeds from the €1.2 billion sale of Bord Gáis will be invested in capital infrastructures such as Irish Water which was set up under Bord Gáis, if this means he is discounting the price and offsetting the costs for infrastructure that they have to pay to the contractor (details supplied); the way he will prevent gas price increases in Ireland where competition is significantly less than in Britain; and if he will make a statement on the matter. [55205/13]

Minister for Communications, Energy and Natural Resources:   I announced in December last that a preferred bidder has been selected in the sale process for Bord Gáis Energy. The proceeds from this sale, when they become available, will be available to Government to support stimulus measures in the short term, with 50% intended to be used, in the longer term, to retire debt. The Infrastructure Stimulus Plan includes an Exchequer element to be funded by part of the proceeds of the State asset disposal programme. A list of infrastructure projects to be funded under the Infrastructure Stimulus Plan is available on the website of the Department of Public Expenditure and Reform. There is no current proposal for water infrastructure investments to be funded by the proceeds of the State asset disposal programme.

I understand that Irish Water’s costs in the coming years will be funded through a mix of revenue from the domestic and non-domestic sector, third party finance and State support which may be in the form of both equity and subvention. Irish Water will pay contractors in line with the terms of contracts entered into.

In respect of gas prices, I have no statutory function in the setting of gas prices, whether in the regulated or non-regulated parts of the market. Responsibility for the regulation of the gas market is a matter for the Commission for Energy Regulation (CER), which is an independent statutory body. The position is that the CER regulates the Bord Gáis Energy tariff for its domestic customers. Prices in all other segments of the gas market are deregulated.

The CER continues to keep deregulation of the domestic consumer segment of the gas market under review. In its most recent review of the market the CER has concluded that the criteria for deregulation had not all been met to allow for the immediate deregulation of the domestic gas market. Until all deregulation criteria have been met the CER will continue to regulate the Bord Gáis Energy retail tariff.

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15 January Inland Waterways Development
 421. Deputy Maureen O'Sullivan   asked the Minister for Arts, Heritage and the Gaeltacht   if he will explore all possible options within current fiscal constraints to advance and develop the potential of the Royal and Grand canal lines that pass through Dublin city; if he will establish an inter-agency group on the Dublin City reaches of the Royal and Grand canals; if he will explore ways to advance their development, examining funding options, including existing funding streams and the leveraging of funding from other sources and the possibility of EU funding which may be available.  [55464/13]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan):   As the Deputy may be aware, the Dublin City Canals Study was launched on 20th July 2010. This was prepared by consultants on behalf of Waterways Ireland, Fáilte Ireland, Dublin Docklands Development Authority and Dublin City Council. The study examined the existing activities on the Royal and Grand Canals and identified an overall vision for the development of the City Canals within the M50. I am advised that following on from the study an Operations Liaison Group plus two sub-groups (one for the Royal Canal and one for the Grand Canal) were established and continue to meet to deliver the recommendations identified, within the current fiscal constraints.

I am informed that to complement the above study, Waterways Ireland engaged additional consultants to carry out a detailed study of Grand Canal Dock and Spencer Dock with the objective of producing a Master Plan, currently at draft stage, that realises their potential as a recreational amenity and a living, vibrant part of Dublin and its Docklands. Waterways Ireland will continue to work collaboratively to unlock the pivotal role of these two major docks and to attract funding to develop a maritime quarter within the city of Dublin.

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15 January Moore Street National Monuments Written Answer
Maureen asked the Minister for Arts, Heritage and the Gaeltacht if he will ensure that the agreed inspection and survey of the 1916 national monument at Moore Street will be facilitated immediately by its owners (details supplied), as a matter of urgency, in the public and national interest. [55192/13]

Minister, Department of Arts, Heritage and the Gaeltacht answered
As the Deputy is aware, the national monument is not in the ownership of the State. The practical arrangements for the proposed survey of the national monument buildings by the 1916 relatives’ representative group, which the monument owners have agreed to in principle, are matters for the group and the owners to agree.

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