Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Written Answers. - Parliamentary Debates - Houses of the Oireachtas Written Answers. - Parliamentary Debates - Houses of the Oireachtas

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[Deputy Sean Fleming.] Questions— 14 February 2012. Written Answers retired or departed employees, in tabular form; and if he will make a statement on the matter. [8435/12] Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information requested in relation to officers who have retired from my Department from 2008 to date is outlined in the table below. The details in respect of future retirements from my Department up to 2015 are not available. However, a further 26 staff members have applied to retire before 29 February 2012 and their applications are currently being processed. Figures in relation to the loss of the pension levy from employees who have retired from my Department and the loss of superannuation payments from retired staff of my Department are not available. Year Lump Sum Pension 2008 €2,011,995.96 €642,974.66 2009 €4,410,356.51 €2,600,945.64 2010 €3,210,242.05 €1,064,973.70 2011 €3,205,169.87 €696,736.96 2012 €460,751.69 €80,321.38 *Public Service Pension Reduction is not included. Local Authority Charges 471. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will support the issues raised regarding the household charge. [8475/12] Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Citizens and residents of the State are bound by the laws of the State which are enacted by the Oireachtas. This is underscored by the Constitution of Ireland. There is no validity in the suggestion put forward that a person can opt out of a law of the State by not consenting to it. Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is required to make a declaration of liability and to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver. The Act further provides for offences where a person contravenes these statutory requirements. Question No. 472 answered with Question No. 461. Parental Rights 473. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will clarify those parental, or other, rights that currently extend to both partners in a same sex relationship when one is the biological parent of the child and one is not. [7976/12] Minister for Justice and Equality (Deputy Alan Shatter): The Guardianship of Children Acts 1964 to 1997 set out who may have parental responsibility for a child. The position is that the married mother and father of a child are jointly guardians of the child. In relation to a child born outside marriage, the mother is sole guardian unless she and the father make a statutory 546

Questions— 14 February 2012. Written Answers declaration appointing him joint guardian of the child, or the father obtains a court order appointing him guardian of the child. Guardianship entitles a parent to make important decisions regarding a child’s upbringing, for example, deciding on the child’s religion, education, medical treatment and where he/she lives. Both parents are responsible for maintaining the child, and a father may apply for custody of or access to his child, whether or not he is the child’s guardian. Where a child’s parent is in a relationship with another person, whether of the same sex or of the opposite sex, that other person has no parental responsibility for the child under the law as it stands. In this regard, I refer the Deputy to my reply to Questions numbers 390, 397 and 411 of 7 February 2012 in which I said: “The Programme for Government includes a commitment to amend the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 to address any anomalies or omissions, including those relating to children. In this regard, the Law Reform Commission has made detailed recommendations in its Report on the Legal Aspects of Family Relationships. In particular, the Commission recommends that legislative provisions be introduced to facilitate the extension of guardianship (parental responsibility) to civil partners and step-parents either by agreement with the other parties who have parental responsibility for the child or by application to court. The Commission’s recommendations are under consideration in my Department with a view to preparing legislative proposals.” Visa Applications 474. Deputy Seán Kenny asked the Minister for Justice and Equality the conditions for the granting of visas to investors from abroad who may wish to reside here. [8242/12] Minister for Justice and Equality (Deputy Alan Shatter): I would refer the Deputy to my reply below to Parliamentary Question 498 of 31 January 2012. The position remains unchanged. I would direct the Deputy to my press release on Government approval for the two immigration programmes for investors and entrepreneurs. This press release outlines the available information on the programmes and may be viewed on my Department’s web-pages. The specific application procedures including application forms, other supporting documentation and other requirements of the programmes are currently being drafted and will made available at the formal launch in March. Prison Committals 475. Deputy Patrick Nulty asked the Minister for Justice and Equality the number of persons who were imprisoned here for each year from 2008 to 2011, inclusive; and if he will make a statement on the matter. [7598/12] Minister for Justice and Equality (Deputy Alan Shatter): The information requested by the Deputy is set out in the table. Figures are taken from the Annual Reports for the Irish Prison Service. Year Total Persons committed 2008 7,140 547

[Deputy Sean Fleming.]<br />

Questions— 14 February 2012. <strong>Written</strong> <strong>Answers</strong><br />

retired or departed employees, in tabular form; and if he will make a statement on <strong>the</strong><br />

matter. [8435/12]<br />

Minister for <strong>the</strong> Environment, Community and Local Government (Deputy Phil Hogan):<br />

The information requested in relation to <strong>of</strong>ficers who have retired from my Department from<br />

2008 to date is outlined in <strong>the</strong> table below.<br />

The details in respect <strong>of</strong> future retirements from my Department up to 2015 are not available.<br />

However, a fur<strong>the</strong>r 26 staff members have applied to retire before 29 February 2012 and <strong>the</strong>ir<br />

applications are currently being processed.<br />

Figures in relation to <strong>the</strong> loss <strong>of</strong> <strong>the</strong> pension levy from employees who have retired from my<br />

Department and <strong>the</strong> loss <strong>of</strong> superannuation payments from retired staff <strong>of</strong> my Department are<br />

not available.<br />

Year Lump Sum Pension<br />

2008 €2,011,995.96 €642,974.66<br />

2009 €4,410,356.51 €2,600,945.64<br />

2010 €3,210,242.05 €1,064,973.70<br />

2011 €3,205,169.87 €696,736.96<br />

2012 €460,751.69 €80,321.38<br />

*Public Service Pension Reduction is not included.<br />

Local Authority Charges<br />

471. Deputy Finian McGrath asked <strong>the</strong> Minister for <strong>the</strong> Environment, Community and Local<br />

Government if he will support <strong>the</strong> issues raised regarding <strong>the</strong> household charge. [8475/12]<br />

Minister for <strong>the</strong> Environment, Community and Local Government (Deputy Phil Hogan):<br />

The Local Government (Household Charge) Act 2011 and <strong>the</strong> Local Government (Household<br />

Charge) Regulations 2012 provide <strong>the</strong> legislative basis for <strong>the</strong> household charge.<br />

Citizens and residents <strong>of</strong> <strong>the</strong> State are bound by <strong>the</strong> laws <strong>of</strong> <strong>the</strong> State which are enacted by<br />

<strong>the</strong> <strong>Oireachtas</strong>. This is underscored by <strong>the</strong> Constitution <strong>of</strong> Ireland. There is no validity in <strong>the</strong><br />

suggestion put forward that a person can opt out <strong>of</strong> a law <strong>of</strong> <strong>the</strong> State by not consenting to it.<br />

Under <strong>the</strong> legislation, an owner <strong>of</strong> a residential property on <strong>the</strong> liability date <strong>of</strong> 1 January 2012<br />

is required to make a declaration <strong>of</strong> liability and to pay <strong>the</strong> household charge by 31 March<br />

2012, unless o<strong>the</strong>rwise exempted or entitled to claim a waiver. The Act fur<strong>the</strong>r provides for<br />

<strong>of</strong>fences where a person contravenes <strong>the</strong>se statutory requirements.<br />

Question No. 472 answered with Question No. 461.<br />

Parental Rights<br />

473. Deputy Eoghan Murphy asked <strong>the</strong> Minister for Justice and Equality if he will clarify<br />

those parental, or o<strong>the</strong>r, rights that currently extend to both partners in a same sex relationship<br />

when one is <strong>the</strong> biological parent <strong>of</strong> <strong>the</strong> child and one is not. [7976/12]<br />

Minister for Justice and Equality (Deputy Alan Shatter): The Guardianship <strong>of</strong> Children Acts<br />

1964 to 1997 set out who may have parental responsibility for a child. The position is that <strong>the</strong><br />

married mo<strong>the</strong>r and fa<strong>the</strong>r <strong>of</strong> a child are jointly guardians <strong>of</strong> <strong>the</strong> child. In relation to a child<br />

born outside marriage, <strong>the</strong> mo<strong>the</strong>r is sole guardian unless she and <strong>the</strong> fa<strong>the</strong>r make a statutory<br />

546

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