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Thursday, 2 May 2024

Written Answers Nos. 221-240

Naturalisation Applications

Questions (221)

Bernard Durkan

Question:

221. Deputy Bernard J. Durkan asked the Minister for Justice when a naturalisation certificate will issue in the case of the son of a person (details supplied); and if she will make a statement on the matter. [20119/24]

View answer

Written answers

The Citizenship Division of my Department have advised that a Certificate for the person referred to by the Deputy was issued via registered post on the 27 April 2024.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, 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 Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Family Reunification

Questions (222)

Bernard Durkan

Question:

222. Deputy Bernard J. Durkan asked the Minister for Justice the current status of an application to join a family in respect of a person (details supplied); and if she will make a statement on the matter. [20121/24]

View answer

Written answers

I can inform the Deputy that following full consideration by a Visa Officer, the visa applications referred to were refused. A letter issued to the applicants on 22 March 2024 outlines the reasons for these refusals.

An appeals process, which is free of charge, is available which allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that decision. 

It is open to the applicant to appeal this decision, in writing, within two months of the date of the refusal. Appeals must be in written form and sent to the Visa Appeals Officer in the relevant Visa Office. Faxed or emailed appeals will not be considered.

All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is necessary. Guidelines in this regard are posted on our website. Applicants that meticulously follow these guidelines have an improved prospect of receiving a positive decision at first instance.

When making an appeal, the applicant should take into account the reasons for refusal listed in the refusal letter. The appeal should include any further information or additional documentation they wish to have considered, and should be sent for the attention of the Visa Appeals Officer, in the relevant Visa Office, where the matter will be considered afresh. You will find further details on the appeals process at the following link: www.irishimmigration.ie/appeal-a-negative-decision/.

Full consideration will be given to any appeal received on behalf of the applicant, however the onus is on the applicant to satisfy the Visa Officer that a visa should be granted.

The applicant is advised not to pay for a travel ticket before they receive a decision on their visa. There is no guarantee that any individual application will be successful.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: IMoireachtasmail@justice.ie, 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 e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.

Immigration Status

Questions (223)

Bernard Durkan

Question:

223. Deputy Bernard J. Durkan asked the Minister for Justice the current position in relation to correspondence with her Department in the case of a person (details supplied); if all requested information has been submitted; and if she will make a statement on the matter. [20122/24]

View answer

Written answers

The application for the person referred to by the Deputy was approved on 24 April 2024. A letter of the same date issued to the person concerned granting them temporary permission to remain in the State on Stamp 1 conditions for 6 months to enable an employer to apply for an employment permit on their behalf.

The person concerned should make arrangements to register their permission with their local immigration office as soon as possible, if they have not already done so.

Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at IMOireachtasMail@justice.ie, 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 Question process. The Deputy may consider using the email service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.

Family Law Cases

Questions (224)

Bernard Durkan

Question:

224. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she remains satisfied that children’s rights are at present adequately protected in the course of family law proceedings; and if she will make a statement on the matter. [20124/24]

View answer

Written answers

The Deputy will be aware that Article 42A.4 of the Constitution requires that provision be made by law that in the resolution of all proceedings concerning the guardianship or custody of, or access to, any child, the best interests of the child shall be the paramount consideration.

The Article requires that provision be made by law for securing, as far as practicable, that in all such proceedings in respect of any child who is capable of forming his or her own views, the views of the child shall be ascertained and given due weight having regard to the age and maturity of the child.

Section 3 of the Guardianship of Infants Act 1964 provides that the best interests of the child shall be the paramount consideration for the court in any proceedings where guardianship, custody or upbringing of, or access to, a child is in question. 

Section 25 of the 1964 Act requires the court, as it thinks appropriate and practicable, to take into account the child’s wishes in such proceedings, having regard to the age and understanding of the child.

Section 31 of the 1964 Act sets out a wide range of factors that the court is required to take into account when determining the best interests of the child in such proceedings. The courts shall have regard to all of these factors or circumstances that it regards as being relevant to the child concerned and his or her family and make its decision accordingly.

Section 32(1) of the 1964 Act provides that in any such proceedings, the court may do either or both of the following:

(a) give directions for the purpose of procuring a written report from an expert on any question affecting the welfare of the child; or

(b) appoint an expert to determine and convey the child’s views.

Section 47 of the Family Law Act 1995 provides that the Circuit Court or High Court may order a report in writing on any question affecting the welfare of a party to family law proceedings or any other person to whom they relate.

Additionally, my Department is leading an programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.

I set out an ambitious vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family. 

The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025 and progress updates published annually. 

As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates.  The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.

Various actions in the Strategy have already been completed.

For example, my Department published its policy paper on parental alienation in May 2023, setting out a series of recommendations to address this complex and challenging matter.

The Review of the Enforcement of Child Maintenance Orders was published on 7 January 2024. The review examined how the current enforcement process works, the challenges associated with it and areas which may require reform.  Stemming from this, the review contains 26 recommendations on how the current system can be improved. Work is underway to implement those recommendations without delay.

In March 2023, the Courts Service launched its Family Law Information Hub and 360 tour. 

The Legal Aid Board has established its panel of private mediators to enhance the rollout of family mediation services across the country.

In addition, the Department has commenced a review to examine the role of expert reports including section 47 and section 32 reports – in private family law proceedings, their commissioning, availability, content and use. I expect to bring the recommendations arising from this Review to Cabinet in the coming weeks, after which I will publish the Review. 

A further key component of the Strategy is the enactment of a Family Courts Bill which provides for the establishment of family court divisions within the existing court structures.  

Once enacted there will be a Family High Court, a Family Circuit Court and a Family District Court, each dealing with family law matters as appropriate to its jurisdiction.

Each of these Family Court divisions will have judges assigned to them on a full-time basis. The Bill includes a set of guiding principles for the family court system to make the best interests of the child a primary consideration in all family law proceedings, to operate in an efficient and user-friendly manner and to encourage active case management by the courts.

The Deputy will be aware that the Bill is progressing through the Houses of the Oireachtas and it is my aim that it will be enacted as soon as possible.

Agriculture Schemes

Questions (225)

Michael Moynihan

Question:

225. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if he will address a matter in relation to milk quota scheme (details supplied); and if he will make a statement on the matter. [19930/24]

View answer

Written answers

The issue raised relates to eligibility criteria under the scheme for additional milk quota in 2008. The allocation of milk quotas is not an issue which can now be addressed as milk quotas were abolished in 2015.

Agriculture Schemes

Questions (226)

David Stanton

Question:

226. Deputy David Stanton asked the Minister for Agriculture, Food and the Marine the number of solar PV installations which were granted aid under TAMS II, which closed to new applications on the 16 December 2022; the number of these which have been installed and have received payment; the number which have yet to be finalised; and if he will make a statement on the matter. [19984/24]

View answer

Written answers

A total of 415 applications received approval for solar PV installations under TAMS II, which closed for applications in December 2022.

Following approval, all applicants for grant aid under TAMS must complete their investments and submit an online claim within the timeline specified on their approval letter.

To date, a total of 293 applicants have submitted a claim and received payment, to a total grant value of €1,847,375.19

Scheme

Applications

Paid

AWSNS

192

€ 879,276.22

OCIS

2

€ 8,210.78

PPIS

70

€ 700,024.52

YFCIS

29

€ 259,863.68

Grant Total

293

€ 1,847,375.20

A further 12 applicants have submitted claims for payment, which are currently being processed. In addition, there are currently 50 outstanding approvals who have yet to complete the works and submit a claim for payment, while a further 60 applicants did not submit a claim within their contract date.

Agriculture Schemes

Questions (227)

Pearse Doherty

Question:

227. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine when an organic farming scheme payment will issue to a person (details supplied) in County Donegal; the reason for the delay; and if he will make a statement on the matter. [20003/24]

View answer

Written answers

Advance payments to organic farmers commenced on 7th December 2023. To date, approximately 98% of Organic Farming Scheme participants have received advance payments, including this case. However, one of this herdowner's parcels was not included in their advance payment. This will be rectified in the balancing payment.

It is anticipated that balancing payments will have commenced by the end of May 2024.

Agriculture Industry

Questions (228)

Claire Kerrane

Question:

228. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will provide an update on any changes he is aware of with regard to processes around inspections of livestock hauliers given a reported increase in inspections on trucks transporting livestock by Irish officials; if he has had any engagement with the Minister for Transport or other Government colleagues on this matter; and if he will make a statement on the matter. [20044/24]

View answer

Written answers

My functions in relation to animal transport relate solely to the welfare of animals being transported. I am unaware of any changes in relation to inspections for the purposes of European Communities (Animal Transport and Control Post) regulations 2006.

As I have no function in relation to the inspections to which the deputy refers, I have not engaged with other Ministers in this regard.

Agriculture Industry

Questions (229)

Brendan Smith

Question:

229. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the preparatory work being undertaken and the measures being implemented to ensure retention of the nitrates derogation; and if he will make a statement on the matter. [20087/24]

View answer

Written answers

The Government is committed to seeking an extension to Ireland's Nitrates Derogation post-2025. That process will commence formally later this year, however engagements with the European Commission are ongoing and are expected to continue throughout 2024 and 2025. 

The Commission have been clear that, in order to maintain the Nitrates Derogation, where water quality is good it must be at least stable, and where water quality is less than good it must be improving.

With this in mind, some of the key actions undertaken to date are set out below.

Last May, to fully engage stakeholders in the process, I established the Agriculture Water Quality Working Group.  This Group has met 15 times to date and will continue to meet in preparation for the next Nitrates Action Programme and the application to extend Ireland's derogation. 

In March of this year, I formally launched the 'Farming for Water' EIP with a €60 million budget seeking to incentivise 15,000 farmers in priority areas to implement targeted measures beneficial for water quality. 

Under the Interim Review of the Nitrates Action Programme, the Government has brought forward a number of new and strengthened measures with the objective of improving water quality. These proposed changes are currently subject to the Appropriate Assessment and Strategic Environmental Assessment processes by the Department of Housing, Local Government and Heritage. However, one change already communicated to farmers that is not subject to Appropriate Assessment is the change in the timeframes for reporting and verifying livestock manure movements between holdings with that change coming into effect in June of this year.

Accelerated capital allowances for investments in slurry storage continue.  My Department recently secured Commission approval for a higher TAMS grant of 70% for investment in storage on farms importing organic nutrients as well as a new separate TAMS investment ceiling for investments in slurry storage. 

Earlier this year I directed Teagasc to lead a multi-actor water quality improvement advisory campaign that is expected to also be rolled out very shortly. 

Water quality is an issue for everyone and everyone must work together to facilitate improvements in order to retain the derogation.  

Disability Services

Questions (230)

Rose Conway-Walsh

Question:

230. Deputy Rose Conway-Walsh asked the Minister for Children, Equality, Disability, Integration and Youth the pathway for a person (details supplied) to access independent living supports where a need for such supports has been established, but funding is not being made available from the HSE to facilitate supported living packages of care; and if he will make a statement on the matter. [19929/24]

View answer

Written answers

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

International Protection

Questions (231)

Fergus O'Dowd

Question:

231. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth if the contract for IPAS accommodation at a location (details supplied) was cancelled, paused or if the Department have to contractually pay for any invoices received for the premises since the contract commencement date of 17 January 2024, despite no IPAS applicants being on site since 17 January due to planning issues raised at the time; and if he will make a statement on the matter. [19971/24]

View answer

Written answers

I thank the Deputy for his question. This information will be provided directly to the Deputy in the coming days.

International Protection

Questions (232)

Carol Nolan

Question:

232. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth when the suspension of the vulnerability assessments conducted by the International Protection Accommodation Service resident welfare team will resume; and if he will make a statement on the matter. [19981/24]

View answer

Written answers

The significant increase in numbers of arrivals and constraints on available accommodation across the International Protection Accommodation Service (IPAS) portfolio placed extreme pressure on IPAS resources, including the Vulnerability Assessment Programme.  As a result, a decision was made to suspend the programme and to seek to procure an external contractor to manage it. 

Following the suspension, resources were redirected to support operations across the Resident Welfare Team and IPAS overall, including to conduct triage of newly arrived single male applicants and identify those with very high needs requiring priority for accommodation when available.  Support remains available for International Protection (IP) applicants in IPAS accommodation centres through a number of channels.

The programme was formally suspended in March 2024 and the decision was communicated along with a suite of information to all of those queued for assessment, IPAS accommodation managers, NGO partners, all relevant stakeholders and the Department’s website at Suspension of VA Programme - www.gov.ie/en/publication/58397-resident-welfare/#suspension-of-the-vulnerability-assessment-pilot-programme . 

A Request for Tender was published on eTenders.gov.ie on 19 April 2024, with a closing date of 23 May 2024.

www.gov.ie/en/publication/58397-resident-welfare/#suspension-of-the-vulnerability-assessment-pilot-programme

Departmental Staff

Questions (233)

Cormac Devlin

Question:

233. Deputy Cormac Devlin asked the Minister for Children, Equality, Disability, Integration and Youth to confirm the number of staff or contractors in his Department assigned to the community engagement unit and their grades on 1 April 2024; and if he will make a statement on the matter. [19997/24]

View answer

Written answers

A Community Engagement Team (CET) was established in October 2023 to engage directly with elected representatives, relevant Local Authorities, Local Development Companies, and other entities and individuals. The purpose of the team is to improve the flow of information regarding arrivals into areas and to help equip local communities with the accurate information required to help them understand the current situation. It is based in the D/CEDIY and is supported by the Department of the Taoiseach.

The CET works through agreed protocols with the International Protection and Ukraine Division teams and other colleagues in D/CEDIY to identify centre openings which may require additional engagement support. On 01 April 2023, the CET composition was as below:

1 x National Lead on Civil Engagement supported by two additional part-time team members, who are all experienced former or current public servants.

1.5 x Principal Officers, one dedicated to front line community engagement, and one supporting the administration of the unit in addition to other functions.

1 x Assistant Principal Officer (Communications Specialist) in post since 25 March.

1 x Executive Officer (on secondment).

There are plans to further expand the Community Engagement Team.

Departmental Staff

Questions (234)

Cormac Devlin

Question:

234. Deputy Cormac Devlin asked the Minister for Children, Equality, Disability, Integration and Youth to confirm, in tabular form, the number of staff or contractors and their grades in his Department assigned to the international protection and integration division on 1 January 2023, 1 January 2024 and 1 April 2024; and if he will make a statement on the matter. [19998/24]

View answer

Written answers

The table below shows the numbers of full time equivalant DCEDIY staff and their grades assigned to the International Protection and Integration Division.

-

Principal Officer

Assistant Principal

Higher Executvie Officer

Administrative Officer

Executive Officer

Clerical Officer

Total

1 January 2023

5

18

20.95

3

30

26.8

103.75

1 January 2024

8

25

24

9

35

34.4

135.4

1 April 2024

8

30

26

20

42.8

48.5

175.3

As of 1 January 2023, there were no contractors in the International Protection and Integration Division. As of 1 April 2024 there were 35 contractors in administrative roles.

Disability Services

Questions (235)

Matt Carthy

Question:

235. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth if the Minister for State with responsibilities has given a direction to the HSE to consider the purchase of property at Cootehill, County Cavan for the purpose of development of day services for young adults; and if he will make a statement on the matter. [20017/24]

View answer

Written answers

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Disability Services

Questions (236)

Matt Carthy

Question:

236. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth for an update on the proposal to the HSE to purchase property at Cootehill, County Cavan for the purpose of development of day services for young adults; if engagements have commenced with the landowner in question; if he accepts that there is a need for such a service; and if he will make a statement on the matter. [20018/24]

View answer

Written answers

As this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Disability Services

Questions (237, 238, 239)

Matt Carthy

Question:

237. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth if the statement of purpose for the overnight respite services in Cavan for adults was amended in line with the changes made for children last year; and if he will make a statement on the matter. [20019/24]

View answer

Matt Carthy

Question:

238. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth if the statement of purpose for the overnight respite services in Cavan for adults was amended in line with the changes made for children last year; and if he will make a statement on the matter. [20020/24]

View answer

Matt Carthy

Question:

239. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth whether the overnight respite services in Cavan caters for children and adults with autism; and if he will make a statement on the matter. [20021/24]

View answer

Written answers

I propose to take Questions Nos. 237, 238 and 239 together.

As these questions refer to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.

Question No. 238 answered with Question No. 237.
Question No. 239 answered with Question No. 237.

Disability Services

Questions (240)

Matt Carthy

Question:

240. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth the number of occasions adults and children (separately) who have had overnight respite care cancelled in each month since January 2020, in tabular form; and if he will make a statement on the matter. [20022/24]

View answer

Written answers

As the question refers to an operational matter, I have referred it to the HSE for response.

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