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Thursday, 30 May 2024

Written Answers Nos. 221-240

Coroners Service

Questions (221, 222, 223)

Michael Ring

Question:

221. Deputy Michael Ring asked the Minister for Justice if the reductions made to salaries and payments to a sector (details supplied) under the provisions of the Financial Emergency Measures in the Public Interest Act 2017 have been reversed such that the remuneration and payments made to the sector will be and/or were reinstated to the levels applicable in 2017; and if she will make a statement on the matter. [24459/24]

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Michael Ring

Question:

222. Deputy Michael Ring asked the Minister for Justice if the reductions in salaries and payments to a sector (details supplied) made under the FEMPI Acts or under any other measure have not been reinstated, the reason therefor; and if she will make a statement on the matter. [24464/24]

View answer

Michael Ring

Question:

223. Deputy Michael Ring asked the Minister for Justice the reason Section 20 of the Financial Emergency Measures in the Public Interests Act 2017 has not yet been fully implemented and completed such that all reduction made in and to salaries and payments to a sector have not yet been unwound (details supplied); and if she will make a statement on the matter. [24468/24]

View answer

Written answers

I propose to take Questions Nos. 221, 222 and 223 together.

The coroners service comprises of a network of coroners located in districts throughout the country. All coronial districts, with the exception of Dublin, are the responsibility of the relevant Local Authority, including with respect to the payment of Coroner fees.

Remuneration rates for Coroners were reduced, in line with wider reductions in civil and public service remuneration as provided for by FEMPI, on 29 April 2009.

On foot of submissions from the Coroner Society of Ireland, the Department has engaged with the Department of Public Expenditure, National Development Plan Delivery and Reform and the Department of Housing, Local Government and Heritage and the Local Authorities in respect of the restoration of Coroner fees. The work is ongoing.

More broadly, I can also advise the Deputy that on 20 October 2023, I launched a wide-ranging public consultation exercise to inform the development of proposals for comprehensive reform of the Coroner Service in Ireland, which closed on 19 January 2024.

The consultation provided an opportunity for members of the public, stakeholder groups and members of the Oireachtas to express their views, express observations and provide proposals on how the Coroner Service might be enhanced into the future.

I am pleased to say that there was a very high level of public engagement in the consultation process with approximately 250 submissions received across both surveys. Departmental officials are currently analysing the information gathered during the consultation process with a view to bring forward proposals for the reform the Coroner Service .

Question No. 222 answered with Question No. 221.
Question No. 223 answered with Question No. 221.

Naturalisation Applications

Questions (224)

Brendan Howlin

Question:

224. Deputy Brendan Howlin asked the Minister for Justice if she will review the case of a person (details supplied) who became an Irish citizen by naturalisation, having been granted refugee status in 2003 and who has lived here for 24 years; if it is possible to have their status regularised with their correct name after this long passage of time; and if she will make a statement on the matter. [24488/24]

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Written answers

As the Deputy, will be aware, the issuing of passports is a matter for the Department of Foreign Affairs and I cannot assist further with this issue. 

If a person comes to Ireland under a false identity and have been granted permission to remain, they should engage with my Department in order to seek to revert to their true identity. This may result in the persons permission to remain in the State being reviewed or withdrawn. 

I would also note that it is an offence to provide false or misleading information in the context of an application for naturalisation to my Department.

Naturalisation Applications

Questions (225, 226)

Carol Nolan

Question:

225. Deputy Carol Nolan asked the Minister for Justice the total amount received in fees from applicants for a certificate of naturalisation as governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011) for each year from 2011 to date; and if she will make a statement on the matter. [24498/24]

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Carol Nolan

Question:

226. Deputy Carol Nolan asked the Minister for Justice the total amount received in certification fees following a positive decision being reached on naturalisation applications for each year from 2011 to date; and if she will make a statement on the matter. [24499/24]

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Written answers

I propose to take Questions Nos. 225 and 226 together.

The fees to be paid by an applicant for a certificate of naturalisation are governed by the provisions of the Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011). The application fee is €175.

A certification fee of €950 is then required following a positive decision being reached on the naturalisation application.

The standard certification fee is set at €950, while a reduced fee of €200 applies in the case of an application made on behalf of a minor or in certain cases where the application is made by a widow, widower or surviving civil partner of an Irish citizen. In the case of recognised refugees and stateless persons, there is no certification fee. 

The State has not increased the fees for naturalisation applications since 2011.

All of the fees payable under the Irish Nationality and Citizenship Act 1956, as amended, are kept under ongoing review by my Department. However, there are no current plans to amend the fees.

Year

Application Fee

€

Certificate Fee

€

Total Fees Received

€

2011

283,850

20,858,350

21,142,200

2012

3,127,775

16,912,650

20,040,425

2013

3,488,100

19,518,200

23,006,300

2014

2,914,975

14,315,450

17,230,425

2015

2,053,100

9,225,250

11,278,350

2016

2,261,525

7,696,750

9,958,275

2017

2,065,350

6,744,800

8,810,150

2018

2,051,875

6,764,900

8,816,775

2019

2,332,400

4,754,750

7,087,150

2020

1,238,650

5,596,750

6,835,400

2021

1,862,000

8,363,550

10,225,550

2022

2,954,350

10,650,900

13,605,250

2023

3,651,200

12,251,500

15,902,700

2024 to date

1,776,775

10,395,600

12,172,375

TOTALS

32,061,925

154,049,400

186,111,325

Question No. 226 answered with Question No. 225.

Family Reunification

Questions (227)

Richard Boyd Barrett

Question:

227. Deputy Richard Boyd Barrett asked the Minister for Justice if she is considering or working on introducing any similar approach for dependant spouses of PhDs as has been introduced for stamp 1 general work permit employees; and if she will make a statement on the matter. [24501/24]

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Written answers

I can advise the Deputy that the policy governing family reunification applications for non-EEA family members, which was last amended in 2016, is currently under review.

On 15 May, I announced the first outcome of this review process.  On foot of this, the spouses and partners of General Employment Permit and Intra-Corporate Transferee Irish Employment Permit holders, who have applied for, and have been granted family reunification, in accordance with the Non-EEA Family Reunification Policy, will now be registered on a Stamp 1G immigration permission, rather than a Stamp 3. This will allow the holder, who would currently have permission to live in the country but not to work, to take up employment without the need to obtain a separate employment permit of their own.

This change does not apply to spouses and de-facto partners who are residing in the State on other permissions such as visitors or for study, or Stamp 3 holders who have been issued Stamp 3 permission for other reasons.

The Review is also examining a much wider range of complex matters relating to a family reunification, including the arrangements for other family members who are currently granted Stamp 3 permission. It is intended to conclude the review as soon as possible.  

In June 2023 the then Minister for Further and Higher Education, Research, Innovation and Science, published the first report of the Independent National Review of State Supports for PhD Researchers. That Review includes considerations of a range of issues relating to PhD students in Ireland.  The forthcoming final report of that independent review exercise, which is a matter in the first instance for my colleague the Minister for Further and Higher Education, Research, Innovation and Science, will inform my Department's ongoing review of the Non-EEA Family Re-unification Policy.

Visa Applications

Questions (228)

Peadar Tóibín

Question:

228. Deputy Peadar Tóibín asked the Minister for Justice the number of successful applications for a holiday visa, a working visa or a student visa or any other visa for each of the past ten years; and the breakdown of the top 15 countries in each cohort. [24514/24]

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Written answers

The information requested by the Deputy is not available. I will write to the Deputy when the information is to hand.

Citizenship Applications

Questions (229, 230)

Louise O'Reilly

Question:

229. Deputy Louise O'Reilly asked the Minister for Justice if a Northern Irish marriage certificate can be used by an applicant to prove marriage to an Irish national when they are applying for citizenship in Ireland; and if she will make a statement on the matter. [24527/24]

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Louise O'Reilly

Question:

230. Deputy Louise O'Reilly asked the Minister for Justice if an Irish-based solicitor can witness a passport from the Isle of Man or if the witnessing must be done in the Isle of Man; and if she will make a statement on the matter. [24528/24]

View answer

Written answers

I propose to take Questions Nos. 229 and 230 together.

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals and people granted International Protection where the requirement is 3 years. In all cases, the final 12 months must be continuous residence in the State with up to 70 days allowed to facilitate foreign travel for business family or holiday purposes.

I can clarify for the Deputy that a certified marriage certificate from Northern Ireland, or any other state, is an acceptable document when applying based on being a spouse of an Irish National.

A person certifying a document, such as a passport issued in another jurisdiction, must have it in their presence; it is not necessary, however, that such certification takes place in the jurisdiction of the issuing. If the document is not from this jurisdiction it has to be  a recognised equivalent of the official documents listed on our webpage.

Information on how to certify documents is available here: www.irishimmigration.ie/how-to-become-a-citizen/certifying-a-document/

It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.

Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/.

Question No. 230 answered with Question No. 229.

Public Sector Pensions

Questions (231)

Brendan Smith

Question:

231. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if he will review the pension of a person (details supplied) to ensure they are receiving the correct grade/scale and rate of pension; and if he will make a statement on the matter. [24466/24]

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Written answers

My Department’s employment records indicate that this individual retired on the correct grade and payscale.

My Department has liaised with the National Shared Services Office (NSSO) on this matter also, as the NSSO has responsibility for the calculation and payment of pensions to former Civil Servants.  The NSSO has confirmed that the officer is being paid the correct rate of pension.

Animal Culls

Questions (232)

Michael Ring

Question:

232. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when action will be taken in an area (details supplied) to address the overpopulation of a species; and if he will make a statement on the matter. [24493/24]

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Written answers

I am aware of the importance of the sustainable management of our national deer population for agriculture, as well as for our nature ecosystems. The increased populations of deer in some parts of the country has led to a reduction in biodiversity and an increase in road traffic accidents. In response to this my Department, along with the Department of Housing, Local Government and Heritage has set up the Deer Management Strategy Group, which includes representatives of the National Parks and Wildlife Service and my Department, and is led by an independent chair. 

On foot of a recommendation of the strategy group, a public consultation on the management of deer was launched late last year.  This was the first major public consultation on the impact of deer and it received over 1,500 submissions. 

A report was published by the Group in December 2023. The report made recommendations across a wide range of issues, from hunter training and forest design to land use management and the venison market. The 16 recommended actions are presented in the form of short and medium-term implementation targets. The Deer Management Strategy Group continues to meet regularly to progress these recommendations towards implementation.

Two of the main recommendations are the appointment of a deer management programme manager and the establishment of local deer management units, in respect of which a procurement process is currently being prepared.

The issuing of licences for the control of deer is an operational matter for the National Parks and Wildlife Service.

Agriculture Schemes

Questions (233)

Claire Kerrane

Question:

233. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine when approvals will issue for those in ACRES co-operation who applied for non-productive investments in 2023; when payments under this will issue to participants; if he will give flexibility to pay farmers allocated CAP funding beyond the CAP programme; if payments for non-productive investments can be made for five years from when his Department first issued non-productive investments approvals; and if he will make a statement on the matter. [24521/24]

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Written answers

In December 2023, almost 4,300 farmers in the Co-operation Project (CP) stream of ACRES applied for 43,910 Non-Productive Investments (NPIs) as part of their participation in the scheme. This reflects the huge interest farmers continually demonstrate in supporting the habitats and species found on their farms. NPIs - using the right action in the right place - can contribute to the maintenance of nature in Ireland’s diverse landscape, increase the field scores achieved in ACRES, and, in turn, increase payments to farmers under the scheme.

NPIs submitted to my Department during the application process are currently being screened by the ACRES Co-operation Project Teams under Appropriate Assessment regulations. The screening will consider the potential impact that any action may have on the surrounding landscape and environment.  Any NPIs that are determined to have a detrimental impact on the countryside will be given an adverse screening decision and will not be approved by my Department. 

The second step in the process will be for my Department to consider the whole application for NPIs, including the screening decisions, in respect of each applicant. The final decision will be communicated in writing to participants in the second half of this year. On approval, farmers may then commence any actions they choose, in accordance with NPI specifications, which are available on my Department’s website. Any actions carried out without approval, or before approval is received, will be at the farmer’s own expense and no payment will be made for these actions. Details on claiming payment for NPIs will be published later this year. 

Further application windows to apply for NPIs will be opened in due course.

Agriculture Schemes

Questions (234)

Claire Kerrane

Question:

234. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will ensure that repayments are arranged on a case-by-case basis and not taken out from the balancing payment given his Department was unable to pay ACRES participants as planned, and interim payments were issued which may in part need to be re-couped; and if he will make a statement on the matter. [24522/24]

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Written answers

Payments for the Agri-Climate Rural Environment Scheme (ACRES) General stream commenced in December last, and by the end of February, the majority of participants had received payment.

On 9th February 2024 I announced that an interim payment would be made to support those Tranche 1 participants who had not yet received their advance payment in respect of 2023. I made a further announcement on 15th February 2024 outlining the amounts to be paid, with ACRES General participants to receive an interim payment of €4,000 and ACRES Co-operation participants to receive an interim payment of €5,000.  

My Department wrote to all participants receiving an interim payment on the 29th February 2024 to advise that the final ACRES Year 1 payments will be based on the ACRES actions approved in their contract and, where results-based actions are included, the scores assigned by their advisor. It was also advised that if the ACRES payment calculation amounts to less than the interim payment, the difference/shortfall will be shown on the participant's Department account as a debt and will be offset against future payments. Should this situation arise, the Department will write to the participant at that time notifying them of the debt and its amount and will outline repayment options available to them. I expect that these payments will commence in June.

Agriculture Schemes

Questions (235)

Claire Kerrane

Question:

235. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the date on which balancing payments will issue for ACRES participants; and if he will make a statement on the matter. [24523/24]

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Written answers

Work is continuing on the calculation and processing of ACRES year one payments, and these payments are expected to commence in early June.

ACRES General advance payments commenced on December 15th 2023, and approximately 19,719 farmers were paid a total of €88.356 million by early February 2024.

Due in particular to the additional complexity associated with payments to Co-operation Project (CP) participants, my Department made arrangements for an interim, nationally-funded, payment to be made to all the remaining applicants who had not yet received an ACRES advance payment. The first payment run of €4,000 for ACRES General participants and €5,000 for ACRES CP participants was paid on February 28th 2024, amounting to €113,617,000. A second  payment run totalling €5,923,000 was processed in March.

A total of 44,780 participants have now received payments totalling €207.8 million.

Family Resource Centres

Questions (236)

Michael Healy-Rae

Question:

236. Deputy Michael Healy-Rae asked the Minister for Children, Equality, Disability, Integration and Youth to provide an update on an application by an organisation (details supplied); and if he will make a statement on the matter. [24432/24]

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Written answers

I wish to inform the Deputy that Tusla, the Child and Family Agency administers the FRC Programme, which supports 121 FRCs throughout the country. At present, there are no plans to expand membership of the Programme. The commissioning of FRCs is an operational matter for Tusla, and subject to availability of funding. I am aware that Aiseanna na hÓige has expressed an interest in applying for Family Resource Centre status. 

The Deputy may be aware that I recently brought forward a funding equalisation scheme for existing FRCs, which will see all FRC Programme members in receipt of a minimum core funding level of €160,000 from 2025 onwards. This funding will support the pivotal role FRCs play in so many communities across the country by providing a comprehensive range of services tailored to individual community needs. 

It is my intention to seek funding in Budget 2025 to increase the numbers of FRCs. Any expansion of the Programme will, however, be dependent on the success of my Budget negotiations.  

Organisations that wish to join the FRC Programme are advised to contact Tusla in the first instance to highlight their interest in the Programme. In this context, I note that Aiseanna na hÓige have contacted Tusla making the case for the establishment of an FRC. As you will appreciate, the Tusla National Commissioning Office receive frequent requests to become members of the FRC Programme from organisations in various parts of the country. In the event the FRC Programme is expanded, a transparent process will be established to ensure all applications are treated equitably. The Tusla Area Commissioning Plan will be a critical contribution to the decision-making process.  Tusla’s aim is to utilise the total resources available to it in the most efficient, equitable, proportionate and sustainable way in order to improve outcomes for children, young people, and families.

Residential Institutions

Questions (237)

Pádraig O'Sullivan

Question:

237. Deputy Pádraig O'Sullivan asked the Minister for Children, Equality, Disability, Integration and Youth if an institution in Cork (details supplied) is included in the mother and baby redress scheme; if not, if an explanation can be provided [24463/24]

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Written answers

The Mother and Baby Institutions Payment Scheme is designed to provide payments and other benefits to people who spent time in one or more of the Mother and Baby or County Home Institutions, that were identified by the Commission of Investigation as having a main function of providing sheltered and supervised ante and post-natal facilities to single mothers and their children. The institutions covered by the Payment Scheme are set out in Schedule 1 to the Mother and Baby Institutions Payment Scheme Act, which was signed into law on 11th July 2023. 

Chapter 2 of the Social History section of the Commission of Investigation report - www.gov.ie/en/publication/89e43-chapter-2-institutions/ - details the different types of institutions that existed.

The Good Shepherd Laundry at Sundays Well, Cork (as well as the adjacent industrial school) was not  investigated by the Commission of Investigation because it was not an institution that provided ante and post-natal facilities. For this reason it is not included in this Payment Scheme. 

Maternity Leave

Questions (238)

Dara Calleary

Question:

238. Deputy Dara Calleary asked the Minister for Children, Equality, Disability, Integration and Youth if plans are in place to allow women diagnosed with cancer during pregnancy or postpartum to defer their maternity leave while they are going through treatment (details supplied). [24486/24]

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Written answers

The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 provide a pregnant employee with six months of paid maternity leave and an additional 16 weeks of unpaid leave. All forms of family leave are kept under review to ensure that they are effective in supporting families and children.

In October I announced plans to introduce legislation to allow women undergoing treatment for cancer or other serious illnesses postpone their maternity leave.

It is planned to bring this forward together with a number of amendments arising out of my Department’s review of Ireland’s equality legislation. My officials are finalising these proposals and I intend to bring them to Cabinet for approval in the coming weeks.

Missing Children

Questions (239)

Seán Sherlock

Question:

239. Deputy Sean Sherlock asked the Minister for Children, Equality, Disability, Integration and Youth the number of children who have gone missing while under State care in 2023; the procedures that are been followed to investigate these disappearances; and if he will make a statement on the matter. [24489/24]

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Written answers

Statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency. The Deputy is seeking information in relation to an operational matter for Tusla. Consequently, I have referred the matter to Tusla, and requested that a direct response be provided to the Deputy.

Child Protection

Questions (240)

John McGuinness

Question:

240. Deputy John McGuinness asked the Minister for Children, Equality, Disability, Integration and Youth further to a previous Parliamentary Question, if Tusla will issue the payments due to a person (details supplied). [24497/24]

View answer

Written answers

Statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency. The Deputy is seeking information in relation to an operational matter for Tusla. Consequently, I have referred the matter to Tusla, and requested that a direct response be provided to the Deputy.

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