59. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government if legislation to outlaw so-called renovictions (details supplied) will be expedited; and if he will make a statement on the matter. (Question 19839/18 asked on 08 May 2018 - Rental Sector)

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy): Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply once a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no notice of termination having been served during that time. On completion of the 6-month occupation, the tenant is entitled to specific protections under the Residential Tenancies Act as long as the tenant complies with their own obligations. On...

61. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government the breakdown of the recently claimed overstatement of homelessness of 600, by local authority; and if he will make a statement on the matter. (Question 19838/18 asked on 08 May 2018 - Homeless Persons Data)

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy): I propose to take Questions Nos. 43, 61, 68, 69, 70 and 86 together.
My Department currently publishes data on a monthly basis on the number of homeless persons accommodated in emergency accommodation funded and overseen by housing authorities. These reports are based on data provided by housing authorities, produced through the Pathway Accommodation & Support System (PASS). The reports are collated on a regional basi...

210. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation the recourse available in the case of a person (details supplied); and if she will make a statement on the matter. (Question 20045/18 asked on 08 May 2018 - Unfair Dismissals)

Minister of State at the Department of Business, Enterprise and Innovation (Deputy Pat Breen): I understand that in the specific case referred to by the deputy, an unfair dismissal case was lodged with the Employment Appeals Tribunal (EAT) in 2013. The case was subsequently heard on 24 October 2014 and the EAT determination issued to the parties on 20 November 2014.
I must advise the deputy however that once the determination of the Employment Appeals Tribunal issues, the Tribunal has no further...

351. Deputy Mick Barry asked the Minister for Health if the ketogenic diet will be available from Cork University Hospital to persons who could benefit from it; and if he will make a statement on the matter. (Question 20046/18 asked on 08 May 2018 - Health Services Provision)

Minister for Health (Deputy Simon Harris): As this is a service matter, I have asked the Health Service Executive (HSE) to respond to the Deputy directly as soon as possible.
 ...

102. Deputy Mick Barry asked the Minister for Education and Skills if his Department’s observation made to An Bord Pleanála regarding the planning permission sought to build housing on the land adjacent to a school (details supplied) used as a sports facility by students was submitted with his prior knowledge; and if he will make a statement on the matter. (Question 19319/18 asked on 02 May 2018 - Planning Issues)

Minister for Education and Skills (Deputy Richard Bruton): In relation to the particular application referred to by the Deputy, I wish to advise that the Department of Education and Skills has not made a submission to An Bord Pleanála in this matter. When requested, the Department provides information to a local authority on the impact a proposed development might have on the need for school places in a particular area. The Department made observations to Dublin City Council in January 2016 in ...

131. Deputy Mick Barry asked the Minister for Education and Skills the rationale for backdating the restitution of the settlement reached between his Department and an organisation (details supplied) over past denial of appropriate incremental credit for persons working in Youthreach Resources to 1 June 2016 as opposed to full backdated restitution (details supplied). (Question 18628/18 asked on 01 May 2018 - Lansdowne Road Agreement)

Minister for Education and Skills (Deputy Richard Bruton): Throughout April and May 2016, discussions were held between my Department and the Department of Public Expenditure and Reform with the Teachers’ Union of Ireland (TUI) in relation to issues of mutual concern in the context of the union’s co-operation with national collective agreements including the Lansdowne Road Agreement.
Arising from these discussions my Department addressed some general employment concerns of the TUI and gave a com...

143. Deputy Mick Barry asked the Minister for Education and Skills the reason the application by a school (details supplied) for additional teachers has been refused in view of its growth and reduced pupil-teacher ratio. (Question 18742/18 asked on 01 May 2018 - School Staff)

Minister for Education and Skills (Deputy Richard Bruton): I propose to take Questions Nos. 142 and 143 together.
The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. Budget 2018 announced a one point improvement to the primary staffing schedule, which reduced the average pupil teacher ratio to 26:1. The improved staffing schedule has been imple...

200. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation the number of Workplace Relations Commission fishing boat inspections that took place from 1 September to 31 December 2017. (Question 18648/18 asked on 01 May 2018 - Workplace Relations Commission)

Minister of State at the Department of Business, Enterprise and Innovation (Deputy Pat Breen): I propose to take Questions Nos. 200 and 201 together.
I would draw the deputy’s attention to the fact that lead policy responsibility for the fishing sector resides with the Minister for Agriculture, Food and the Marine. However, as part of the multi-agency approach to dealing with issues in the fishing sector, the Workplace Relations Commission (WRC) undertakes workplace inspections in that sector f...

201. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation the number of Workplace Relations Commission fishing boat inspections that took place from 1 January to 31 March 2018. (Question 18649/18 asked on 01 May 2018 - Workplace Relations Commission)

Minister of State at the Department of Business, Enterprise and Innovation (Deputy Pat Breen): I propose to take Questions Nos. 200 and 201 together.
I would draw the deputy’s attention to the fact that lead policy responsibility for the fishing sector resides with the Minister for Agriculture, Food and the Marine. However, as part of the multi-agency approach to dealing with issues in the fishing sector, the Workplace Relations Commission (WRC) undertakes workplace inspections in that sector f...

420. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 588 of 27 March 2018, if her response will be reviewed in view of the fact that the house co-owned by a person (details supplied) is occupied by members of their extended family and therefore they cannot divest their interest in it nor profit from it via rental income. (Question 18741/18 asked on 01 May 2018 - Disability Allowance Applications)

Minister of State at the Department of Employment Affairs and Social Protection (Deputy Finian McGrath): In relation to the assessment of the property it has been reviewed and is still deemed as assessable at half the value. The property is not personally used or enjoyed by the customer or his spouse, and as such could be put to profitable use. 
A letter regarding the revised decision issued to the customer on the 23 March 2018. It is open to him to request a review or an appeal of this decisi...

21. Deputy Mick Barry asked the Minister for Communications, Climate Action and Environment when the Broadcasting Authority of Ireland will begin its review of the ownership and control policy of media companies; if he will make a submission to the review; and if he will make a statement on the matter. (Question 18302/18 asked on 25 Apr 2018 - Broadcasting Authority of Ireland)

Deputy Mick Barry: I ask the Minister when the Broadcasting Authority of Ireland will begin its review into the ownership and control policy of media companies and if he intends to make a submission to that review.
 ...

66. Deputy Mick Barry asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the continuance of democratic rights in Hong Kong. (Question 14223/18 asked on 28 Mar 2018 - Foreign Policy)

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Simon Coveney): I propose to take Questions Nos. 57, 62, 66, 75, 86 and 92 together.
The Government follows the political developments which are taking place in Hong Kong on an ongoing basis, including the by-elections which took place on 11 March. 
In the lead-up to my recent visit to China, and during my visit to Hong Kong on 12 March, I was briefed on the most recent developments by Ireland’s Consulate General and by the Embassy in ...

86. Deputy Mick Barry asked the Tánaiste and Minister for Foreign Affairs and Trade if he will raise the need for full democratic rights in Hong Kong with the Chinese authorities. (Question 14224/18 asked on 28 Mar 2018 - Foreign Policy)

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Simon Coveney): I propose to take Questions Nos. 57, 62, 66, 75, 86 and 92 together.
The Government follows the political developments which are taking place in Hong Kong on an ongoing basis, including the by-elections which took place on 11 March. 
In the lead-up to my recent visit to China, and during my visit to Hong Kong on 12 March, I was briefed on the most recent developments by Ireland’s Consulate General and by the Embassy in ...

227. Deputy Mick Barry asked the Minister for Justice and Equality further to Parliamentary Question No. 273 of 29 November 2017, if he will instruct the Office of the Chief State Solicitor to make an appropriate payment in view of the conclusion of a High Court case (details supplied). (Question 13224/18 asked on 21 Mar 2018 - Court Judgments)

Minister for Justice and Equality (Deputy Charles Flanagan): As I stated in response to the Deputy’s previous question, I am aware of the case to which he refers.  As I also stated then, the award in this case was made by the Supreme Court.
While I should emphasise that I was not a party to these proceedings and am not a party to any discussions aimed at resolving the issues, I have had further enquires made with the Chief State Solicitor’s Office and have been informed that no final decision ha...

266. Deputy Mick Barry asked the Minister for Health if health-related residential accommodation will be provided for a person (details supplied); and if he will make a statement on the matter. (Question 13225/18 asked on 21 Mar 2018 - Health Services Provision)

Minister of State at the Department of Health (Deputy Jim Daly): As this is a service matter I have asked the Health Service Executive to respond directly to the Deputy as soon as possible.
 ...

991. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection the number of homeless non-Irish citizens from the European Economic Area or a country outside Europe that have been seen by the new communities unit, by month, since January 2015; the number of these that have been provided with emergency accommodation; and the form this accommodation takes. (Question 12817/18 asked on 20 Mar 2018 - New Communities Unit)

Minister for Employment Affairs and Social Protection (Deputy Regina Doherty): The New Communities Unit (NCU) of the Department of Social Protection offers assistance to families who are primarily non-Irish, homeless and generally without recourse to any weekly income. 
With regard to the numbers of homeless non-Irish citizens from the European Economic Area or a country outside Europe that have been seen by the new communities unit by month since January 2015, the Department is unable to provid...

51. Deputy Mick Barry asked the Minister for Finance if he will direct the Revenue Commissioners to respond to the past four letters sent to them by PDFORRA regarding the status of flat rate expenses. (Question 11386/18 asked on 08 Mar 2018 - Tax Code)

Minister for Finance (Deputy Paschal Donohoe): I am advised by Revenue that the legislation governing the deductibility of expenses incurred in employment, as set out in section 114 of the Taxes Consolidation Act 1997, provides that, for an expense to qualify as a deduction against income from an office or employment, the expense must be wholly, exclusively and necessarily incurred in the performance of the duties of the office or employment. 
For ease of administration, where a large number of ...

60. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government the way in which persons that are experiencing faults in the water system between their property and the mains supply are to meet the cost of repairs under Irish Water’s policy; and if he will make a statement on the matter. (Question 9704/18 asked on 27 Feb 2018 - Water Services)

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy): Since 1 January 2014, Irish Water has been responsible for delivering public water services, which includes responsibility for infrastructure such as water supply or drainage pipes extending from a waterworks or wastewater works to the curtilage of a private property.
Under sections 43 and 54 of the Water Services Act 2007, responsibility for maintenance and replacement of any pipes, connections or distribution systems t...

86. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government the reason for the delay in the publication of the figures for homelessness for February 2018; and if he will make a statement on the matter. (Question 9703/18 asked on 27 Feb 2018 - Homeless Persons Data)

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy): Official homeless reports are published on my Department’s website on a monthly basis. These reports capture details of individuals utilising State-funded emergency accommodation arrangements, that are overseen by housing authorities.  The reports are based on data provided to my Department by housing authorities and are published as soon as possible each month, following their analysis and verification.   
As such, the ...

96. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government if he will meet persons facing eviction residing in apartments (details supplied) as requested. (Question 9705/18 asked on 27 Feb 2018 - Private Rented Accommodation Evictions)

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy): Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply once a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no notice of termination having been served during that time. Section 34 provides that a landlord must state a reason for the termination in any notice served. The reason must be one of those set out in section 34; for example, that vacant possessi...

108. Deputy Mick Barry asked the Minister for Justice and Equality the number of permits issued in 2017 under the atypical scheme for non-EU migrant fishers; the numbers issued directly to the fishers; and the numbers issued to employers or boat owners. (Question 8936/18 asked on 21 Feb 2018 - Work Permits Data)

Minister for Justice and Equality (Deputy Charles Flanagan): I have been advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Atypical Working Scheme (AWS) for Seafarers provides a lawful pathway for persons to work lawfully in the Irish fishing fleet on boats of 15 metres and over in length. In 2017, 136 permits were issued under the scheme. This figure consists of 29 permissions granted on the basis of new applications and 107 in relation to renewal of...

53. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection her views on a report (details supplied) published by her Department in January 2018; and if she will make a statement on the matter. (Question 8446/18 asked on 20 Feb 2018 - Employment Rights)

Minister for Employment Affairs and Social Protection (Deputy Regina Doherty): I propose to take Questions Nos. 42, 53 and 57 together.
Bogus self-employment arises where an employer wrongly treats a worker as an independent contractor in order to avoid tax and social insurance contributions. There are robust arrangements in place for dealing with complaints of bogus self-employment. Social welfare inspectors inspect a wide range of businesses, as part of their on-going compliance operations. ...

57. Deputy Mick Barry asked the Minister for Employment Affairs and Social Protection her plans to introduce legislation on foot of a report (details supplied) recently published by her Department. (Question 8447/18 asked on 20 Feb 2018 - Employment Rights)

Minister for Employment Affairs and Social Protection (Deputy Regina Doherty): I propose to take Questions Nos. 42, 53 and 57 together.
Bogus self-employment arises where an employer wrongly treats a worker as an independent contractor in order to avoid tax and social insurance contributions. There are robust arrangements in place for dealing with complaints of bogus self-employment. Social welfare inspectors inspect a wide range of businesses, as part of their on-going compliance operations. ...

626. Deputy Mick Barry asked the Minister for Culture, Heritage and the Gaeltacht if the decision to replace the ferry to Tory Island built in 1992 with a 1976 built model will be reviewed; and if she will make a statement on the matter. (Question 8652/18 asked on 20 Feb 2018 - Ferry Services)

Minister of State at the Department of Culture, Heritage and the Gaeltacht (Deputy Joe McHugh): My Department provides funding for passenger and ferry services to Ireland’s inhabited offshore islands, including Toraigh.  It also has a range of supports in place for the island, in the context of its responsibility to support our offshore islands, but also in support of the Gaeltacht community. 
In 2017, my Department ran an open tender competition, in accordance with public procurement rules, for...

10. Deputy Mick Barry asked the Minister for Transport, Tourism and Sport if the CIÉ pension scheme can be converted into an unfunded scheme as exists for employees in most statutory bodies. (Question 7725/18 asked on 15 Feb 2018 - Pension Provisions)

Deputy Mick Barry: I ask the Minister for a statement on the position in regard to the CIÉ pension funds.
 ...