Thursday, 26 Sep 2024

Written Answers Nos. 185-205

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Water Services

Questions (185)

Bernard Durkan

Question:

185. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage if he will ensure the necessary funding to facilitate the Kilteel group water scheme upgrade in the County Kildare to a standard and quality required for taking in charge by the local authority; if the necessary funding is readily available given that the quality of the water in the scheme has been subject to concern; and if he will make a statement on the matter. [38443/24]

Written answers

Minister for Housing, Local Government and Heritage

In January this year, I launched the next cycle of the Multi-Annual Rural Water Programme (MARWP) to cover the period 2024 to 2026.

The overall purpose of the MARWP is to provide the necessary funding to improve the quality, quantity and reliability of the water services relied upon by rural dwellers, where public water services are not available.

An Expert Panel is currently looking at the specifics of each application and is tasked with making recommendations on the suitability of individual projects for funding, including for the project referred to in the Question. Under an independent Chairperson, the Panel’s membership includes experts from the key stakeholders in the Rural Water Sector.

I expect to receive the recommendations of the Panel and approve and allocate funding in the coming weeks.

Social Insurance

Questions (186)

Jim O'Callaghan

Question:

186. Deputy Jim O'Callaghan asked the Minister for Social Protection the estimated full year cost of reducing employers’ PRSI by 1.5%. [38428/24]

Written answers

Minister for Social Protection

It is estimated that reducing Class A employer PRSI by 1.5% would cost approximately €1.8 billion in a full year.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (187)

Michael Healy-Rae

Question:

187. Deputy Michael Healy-Rae asked the Minister for Social Protection to address a matter concerning receipt of a pension (details supplied); and if she will make a statement on the matter. [38231/24]

Written answers

Minister for Social Protection

An increase for qualified adult (IQA) is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.Where a qualified adult has weekly means of up to €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. Where property or assets are held jointly, the qualified adult's means are assessed as half of the total amount. The family home is not included in the means assessment.As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. In the case of an IQA on state pension (contributory), the primary claimant is contacted by my Department to notify them that their continuing entitlement to the means tested IQA payment is being examined. A questionnaire is required to be completed to include details of the means of their qualified adult. A questionnaire form issued to the spouse of the person concerned on 30 July 2024. Upon receipt of the completed questionnaire with self-declared means, the IQA was reviewed. The weekly means of the qualified adult were in excess of means limit of €310 per week. A letter issued to the spouse of the person concerned on 27 August 2024 to advise that the allowance would be stopped. He was also afforded the opportunity to request a review before the allowance was stopped. A letter was received on 4 September 2024, however the content did not warrant a change to the means assessed. A decision letter issued on 16 September 2024 and the allowance was terminated with effect from 19 September 2024. My Department are undertaking a further review of this case. Further information has been requested from the spouse of the person concerned. On receipt of this information, entitlement to IQA will be reviewed.I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (188)

Bernard Durkan

Question:

188. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) now qualifies for fuel allowance given any recent changes to qualification criteria; and if she will make a statement on the matter. [38244/24]

Written answers

Minister for Social Protection

The Fuel Allowance is payable to people who satisfy the conditions of the scheme and who either live alone or only with certain qualified people living at their address.

As the person concerned has not previously awarded the Fuel Allowance, they must complete an application form and submit it to the Department in order to have their eligibility assessed and a formal decision made.

To date no application for fuel allowance has been received from the person concerned for the current period. An application form for fuel allowance was sent to the person concerned on 20 September 2024

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (189)

Niall Collins

Question:

189. Deputy Niall Collins asked the Minister for Social Protection if a disability benefit (details supplied), now under review, will be restored immediately; and if she will make a statement on the matter. [38291/24]

Written answers

Minister for Social Protection

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and habitual residency conditions.

The person concerned was awarded Disability 10 February 2016. The Department periodically carries out reviews to ensure continuing eligibility to entitlements.

As part of a review process an information request issued to the person concerned on 09 April 2024, to assess his current means and living arrangements. I can confirm the person concerned returned the requested information on 24 April 2024.

Following this review, it was determined that the person concerned had an increase in their weekly means, derived from their employment. Their rate of DA was adjusted accordingly and they were advised of this decision on 30 May 2024.

A medical review of the person concerned was initiated on 10/07/2024 and a Form MR99 was sent out for completion. The completed form and additional medical evidence is currently with the Medical Assessors for examination and the customer will be informed, in writing, of the outcome, in due course. Their DA has remained in payment, without disruption, throughout these reviews.

It is open to the person concerned to request a review of their means, if there has been a change in their circumstances and to provide any relevant information in order to assist with the review process.

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Questions (190)

Marian Harkin

Question:

190. Deputy Marian Harkin asked the Minister for Social Protection if urgent consideration will be given to increasing the household benefits package, which has not been increased since 2012; and if she will make a statement on the matter. [38339/24]

Written answers

Minister for Social Protection

The Household Benefits Package comprises the electricity or gas allowance, and the free television licence. The Department of Social Protection will spend approximately €294 million this year on the Household Benefits Package for over 529,000 customers.

People over the age of 70 receive the Household Benefits Package, with one package provided per household. The package is also available to people living in the State aged 66-69 years who are in receipt of certain social welfare payments or who satisfy a means test. The package is available to some people under the age of 66 who are in receipt of certain welfare type payments.

In recent Budgets, the Government did provide for increases to core Social Welfare payments including increases to the weekly rate of State Pension payable, as well as once off payments for those in receipt of the Living Alone Increase and for those in receipt of the Fuel Allowance payment. Budget 2024 also provided for the Christmas Bonus payment and January Cost of Living Bonus payment.

While consideration is always given to suggested improvements to the Departments schemes, any decision to enhance the Household Benefits Package further would have to be considered in the context of overall budget negotiations.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need which they cannot meet from their own resources. These payments are available through our Community Welfare Officers and can include payments towards essential heating costs.

I trust that this clarifies these matters for the Deputy.

Social Welfare Benefits

Questions (191)

Robert Troy

Question:

191. Deputy Robert Troy asked the Minister for Social Protection to request a decision on a carer’s allowance review as soon as possible in the name of a person (details supplied). [38340/24]

Written answers

Minister for Social Protection

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

There is an obligation on my Department to ensure that only those who satisfy the conditions of a scheme receive the payment and the Department must periodically review claims to ensure that there is continued entitlement.

I can confirm that CA was in payment to the person concerned from 23 June 2016. A review of the claim commenced on 07 March 2024.

It is a condition for receipt of CA that every claimant shall furnish such certificates, documents, information, and evidence as may be required for the purposes of deciding their claim.

Following this review, the person was notified that they were no longer entitled to the payment from 14 August 2024 as they had failed to provide some of the information requested in a letter that issued on 12 June 2024. The person concerned was notified of this decision in writing on 18 July 2024 . They were also notified of their right to have the decision reviewed (where further information is available) or to appeal the decision to the Social Welfare Appeals Office.

Subsequently required document were provided and following a review, CA was reinstated on 24 September 2024 with effect from 14 August 2024. The person concerned was notified of this decision in writing on 24 September 2024.

I hope this clarifies the position for the Deputy.

Ministerial Staff

Questions (192)

Catherine Murphy

Question:

192. Deputy Catherine Murphy asked the Minister for Social Protection if she will provide a schedule of all special advisors that are, or were, attached to her, to include Ministers of State special advisors, by grade, duration of role held and point on the pay scale. [38370/24]

Written answers

Minister for Social Protection

Pauric McPhillips works as my Special Adviser in both the Department of Social Protection and the Department of Rural and Community Development.

He was appointed in June 2020 and is paid at the Principal Officer grade.

Social Welfare Payments

Questions (193)

John Paul Phelan

Question:

193. Deputy John Paul Phelan asked the Minister for Social Protection the number of people in receipt of jobseeker’s allowance or jobseeker’s benefit continuously since December 2019; the ages and geographical locations of these recipients; the number of these recipients currently receiving reduced rates of payments; and the number who previously had their payments reduced but have since been fully restored. [38392/24]

Awaiting reply from Department.

Pensions Reform

Questions (194)

Michael Lowry

Question:

194. Deputy Michael Lowry asked the Minister for Social Protection to consider implementing pension reforms to ensure that foster carers are not financially penalised in later life for their service to the State, therefore being able to receive a full contributory State pension; and if she will make a statement on the matter. [38408/24]

Written answers

Minister for Social Protection

Matters related to foster caring are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth, and for Tusla.The State Pension (Contributory) is funded from the Social Insurance Fund through the contributions paid by workers. The rate of payment reflects the number of social insurance contributions paid over a working life. However, it is recognised that people may have periods out of the workforce for reasons such as caring responsibilities, including foster caring. Accordingly, once a person has met the minimum requirement of 520 paid contributions, the State Pension (Contributory) provides measures including PRSI credits, Homemaking Disregards and Homecaring periods to recognise these periods of care outside of paid employment in the calculation of the rate of payment. Foster carers are entitled to the benefits of PRSI credits and Homemaking Disregards and Homecaring periods where they meet the criteria, in the same way as biological or adoptive parents. There is no difference in treatment. Fosters carers can register for caring periods for each child under the age of 12 if the foster carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, they can still qualify provided the caring periods are confirmed by Tusla. In the case of a child who is over the age of 12, periods can be registered where the child requires continuous supervision and regular assistance throughout the day with the activities of daily living, including nursing care. There is a maximum of 20 years’ caring periods available. In addition, long term carer’s contributions are available that attribute the equivalent of a paid contribution to long-term carers of incapacitated people to cover gaps in their contribution record for State Pension (Contributory) purposes. Foster carers who have cared for an incapacitated person for a cumulative period of over 20 years are eligible for these contributions.

These measures combined strike a balance between assisting foster carers to access the State pension system in the same way as biological or adoptive parents, while ensuring that the system remains sustainable.

Officials from my Department have actively engaged with the Department for Children and Tulsa on this matter, have met with representative foster carers and have hosted an information seminar for nearly 300 foster carers to explain the State pension system and their entitlements.

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Questions (195)

Brendan Smith

Question:

195. Deputy Brendan Smith asked the Minister for Social Protection the proposals she has to increase the income disregard pertaining to carer’s allowance; and if she will make a statement on the matter. [38422/24]

Written answers

Minister for Social Protection

The Government acknowledges the valuable role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.

The main income supports to carers provided by my department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Spending on these payments is expected to amount to over €1.7 billion this year.

The Carer’s Allowance is the main scheme by which the Department provides income support to carers in the community. In 2024 the expenditure on the Carer’s Allowance scheme is estimated to be over €1.1 billion.Eligibility for Carer’s Allowance involves satisfying a means test. Means tests are an essential component of our social welfare system - they help to direct scarce resources to where they are needed most. Since my appointment as Minister, I have made a number of significant improvements to the means test for Carer's Allowance.Budget 2022 saw the first changes to the means test in 14 years when the income disregards were increased from €332.50 to €350 for a single person, and from €665 to €750 for carers with a spouse/partner. The capital and savings disregard for the Carer’s Allowance means assessment was also increased from €20,000 to €50,000. It is important to note that this equates to €100,000 in the case of a couple. As part of Budget 2024, and with effect from June this year, the weekly income disregards were further increased from €350 to €450 for a single person, and from €750 to €900 for carers with a spouse/partner. Since June 2022, this amounts to cumulative increases to the income disregards of €117.50 for a single carer and €235.00 for a carer who is part of couple. These are the highest weekly disregards in the Social Welfare system.These recent changes to the means test have enabled more carers on a reduced rate to move to a higher payment. Additionally, many carers who previously did not qualify for a payment due to their means have been brought into the Carer's Allowance system for the first time.

Notwithstanding these improvements, as part of Budget 2024, I established an Interdepartmental Working Group with the Department of Health and the Department of Children, Equality, Disability, Integration and Youth to examine and review the system of means test for carer's payments. This work is ongoing, and I expect a report from the group in Quarter 4 of this year.

It is also important to acknowledge that there are a range of other supports for carers provided by my department which are not based on a means assessment.

• The Carer’s Support Grant is a payment for all carers, even those not in receipt of Carer’s Allowance. It can be claimed by carers regardless of their means or social insurance contributions. The grant can be used by carers in a manner which they see fit. It is paid in respect of each care recipient. I increased this grant as part of Budget 2021 to €1,850, its highest ever rate. Over 132,000 carers received the grant on Thursday 6 June at a cost of €275 million.

• Carer's Benefit is based on social insurance contributions. It is a very effective payment made to insured people who may be required to leave the workforce or reduce their working hours to care for a person in need of full-time care. It is payable for a period of up to 2 years for each care recipient and is estimated to cost almost €58 million in 2024.

• Domiciliary Care Allowance is payable to a parent or guardian in respect of a child who has a severe disability and requires continual or continuous care and attention substantially over and above the care and attention usually required by a child of the same age. As part of Budget 2024 we increased the payment by another €10 bringing it to €340 per month. This monthly payment has increased cumulatively by €30.50 under this Government. Expenditure in 2024 is estimated to be almost €274 million.

Any further changes or improvements to the carer payments provided by my department, including the Carer’s Allowance payment, would need to be considered in an overall budgetary and policy context. I trust that this clarifies the issue for the Deputy.

Social Welfare Code

Questions (196)

Brendan Smith

Question:

196. Deputy Brendan Smith asked the Minister for Social Protection the proposals she has to increase the income eligibility limit for the free fuel allowance for pensioners who are also in receipt of a small occupational pension; and if she will make a statement on the matter. [38423/24]

Written answers

Minister for Social Protection

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €382 million in 2024. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. To qualify for the Fuel Allowance payment, a person must satisfy all the qualifying criteria including a means test and the household composition criteria. The means test ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

In January 2023 a new means threshold was introduced for people aged 70 years and over. The new means threshold was €500 for a single person and €1,000 for a couple. This was a very significant increase in the means threshold and allowed many more households to qualify for the fuel allowance payment.

In addition, for people aged 70 or over, the amount of capital that is disregarded was increased from €20,000 to €50,000. Savings over €50,000 are assessed on a proportionate basis only.

In January 2024, the allowable means for those aged over 70 was increased to €512 for a single person and €1,024 for a couple. This was to ensure that no one lost their entitlement to the Fuel Allowance payment due to the increase in weekly rates of Social Welfare payments.

Any further widening of the weekly income threshold for accessing the fuel allowance scheme can only be considered while taking account of the overall policy and budgetary situation.

I trust that this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (197)

Bernard Durkan

Question:

197. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason and circumstances in which adult dependent allowance was ceased in the case of a person (details supplied); if the case could be urgently reviewed, with a view to provision of the appropriate document which deems to render themselves ineligible, who also has contributions in their own name; and if she will make a statement on the matter. [38446/24]

Written answers

Minister for Social Protection

An increase for qualified adult (IQA) is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.Where a qualified adult has weekly means of up to €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. Where property or assets are held jointly, the qualified adult's means are assessed as half of the total amount. The family home is not included in the means assessment.As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. In the case of an IQA on state pension (contributory), the primary claimant is contacted by my Department to notify them that their continuing entitlement to the means tested IQA payment is being examined. A questionnaire is required to be completed to include details of the means of their qualified adult. A questionnaire form issued to the spouse of the person concerned on 11 July 2024. As there was no response, a reminder issued on 1 August 2024. As no response was received by the deadline the IQA was suspended. A letter issued on 26 August 2024 to the spouse of the person concerned.I have arranged for another copy of the questionnaire to issue. On receipt of the completed form, entitlement to the IQA allowance will be reviewed. The spouse of the person concerned will be notified of the outcome.

It is noted that the qualified adult in this case has contributions in their own right. I have also arranged for an application form for state pension (contributory) to issue. On receipt of the completed application form, their entitlement will be examined.

I hope this clarifies the position for the Deputy.

State Pensions

Questions (198)

Bernard Durkan

Question:

198. Deputy Bernard J. Durkan asked the Minister for Social Protection the way a person (details supplied) might qualify for partial old age pension based on their contributions notwithstanding previous decisions in this regard; if all known contributions have been taken into account as well as homecare for a parent subsequently; if all such contributions can be merged and used in the calculation; and if she will make a statement on the matter. [38448/24]

Written answers

Minister for Social Protection

The person concerned reached pension age on 19 June 2020. Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State Pension (contributory) (SPC). 520 full-rate contributions equates to 10 years of full-rate insurable employment. According to the records of my Department, the person concerned has a total of 204 full-rate contributions which falls short of the requisite 520 full-rate contributions for the standard SPC.To qualify for a Mixed insurance pension based on their full-rate and modified rate contributions, 520 employment contributions are required, of which at least 260 must be full-rate employment contributions with the remainder made up of modified rate contributions. As the person concerned has 204 full-rate contributions, this falls short of the requisite 260 full rate contributions required for the Mixed insurance pension. The HomeMakers scheme and HomeCaring Periods scheme offer credited contributions/periods to those who left insurable employment to provide care. HomeCaring credits were awarded in respect of the claimant's children. However, there was no mention of care provided in respect of a parent. In any event, these credited contributions cannot be used to satisfy the 520 paid contribution requirement for standard SPC or the 260 paid contribution requirement for the Mixed insurance pension.

If the person concerned considers that there are additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to Social Welfare Services, College Road, Sligo, F91 T384.

If the person concerned has provided full time care to incapacitated dependents for 20 years or more (1040 weeks), it is open to them to apply for long-term carers contributions. If eligible, the equivalent of paid contributions will be attributed to cover gaps in their contribution record. The periods of caregiving do not need to be consecutive. The quickest way to apply for long-term carers contributions is online at MyWelfare.ie.

Where a person aged 66 or over does not satisfy the conditions to qualify for SPC or qualifies for less than the maximum rate, they may instead qualify for the State pension (non-contributory) which is a means-tested payment with a maximum payment of 96% of the SPCI hope this clarifies the matter for the Deputy.

Family Law Cases

Questions (199)

Bernard Durkan

Question:

199. Deputy Bernard J. Durkan asked the Minister for Social Protection if arrangements might be made to deduct at source any maintenance due to a person (details supplied); and if she will make a statement on the matter. [38451/24]

Written answers

Minister for Social Protection

The current legislation on maintenance, the Family Law (Maintenance of Spouses and Children) Act 1976, as amended, is not within the remit of my Department. I refer the Deputy to my colleague, the Minister for Justice.

Social Welfare Benefits

Questions (200)

Bernard Durkan

Question:

200. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will carry out an urgent review/appeal in the case of a person (details supplied); if this review could be carried out as a matter of urgency; and if she will make a statement on the matter. [38453/24]

Written answers

Minister for Social Protection

Domiciliary Care Allowance (DCA) is a monthly allowance payable to a parent / guardian in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of the child's disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child to deal with activities of daily living in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues , including any other additional needs.

Eligibility for DCA is not based entirely on the type of disability or diagnosis but primarily on the impact of the child's disability, in terms of the associated overall level of care and attention required by the child compared to a child of a similar age who does not have such a disability. The decision process that applies in the consideration of whether a child meets the conditions for DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.

The DCA application from the person concerned was disallowed by a Deciding Officer as per decision dated 23 April 2024. Based on the information provided , the child was not considered to satisfy the conditions for DCA. This determination considered the supporting medical evidence that was provided by the applicant in their application and the Deciding Officer had regard to the professional opinion of a Departmental Medical Assessor in making their decision and a copy of this opinion was issued to the applicant for information along with the decision notification.

On foot of your request for a review of eligibility for DCA in this case, a full re-examination of this DCA claim and my Department's original decision of 23 April 2024 will now be undertaken by a Deciding Officer. Once that review has been completed, the person concerned will be notified directly of the decision in writing.

The request for an Appeal of the decision will be submitted directly to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Covid-19 Pandemic Unemployment Payment

Questions (201)

Bernard Durkan

Question:

201. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason it is deemed that a person (details supplied) received a PUP payment irregularly; and if she will make a statement on the matter. [38454/24]

Written answers

Minister for Social Protection

The Pandemic Unemployment Payment was introduced in 2020 to provide support to people who had lost their employment due to the public health restrictions introduced in response to the Covid-19 Pandemic. Under Section 68L (1) (d) of the Social Welfare Consolidation Act 2005 (as amended), PUP is not payable where a person is engaged in insurable employment, that is, works as an employee.

My Department has conducted an extensive analysis of Pandemic Unemployment Payments in the period since 5th August 2020 and has cross checked payments against payroll records from employers submitted to the Revenue Commissioners. The information available to my Department indicates that the person concerned was in receipt of an employment income for 17 weeks whilst concurrently in receipt of PUP. This resulted in a total PUP overpayment of €6,100. An administrative disregard of €1750 has been applied, resulting in a net overpayment of €4,350.

If the person concerned is not satisfied with this decision, he can seek a review by writing to the Deciding Officer with additional documentary evidence detailing why he considers the decision is incorrect. It is also open to the person to appeal the decision to the Social Welfare Appeals Office (SWAO). The SWAO functions independently of my Department and Appeals Officers are independent in their decision-making functions.

I hope this clarifies the position for the Deputy.

An Garda Síochána

Questions (202)

Carol Nolan

Question:

202. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 1042 of 9 September 2024, the information provided through Garda vetting of an individual in relation to both hate crime and hate incidents for example, where an offence under investigation is tagged as a hate crime in accordance with the perception test; if this will appear in a Garda vetting request; if this appears as specified information; if a hate incident appears in any Garda vetting process, including as specified information; and if she will make a statement on the matter. [38266/24]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under section 26 of the Garda Síochána Act 2005 (as amended). As Minister I have no role in these independent functions.

Under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016, the Garda National Vetting Bureau (GNVB) is responsible for the vetting process. The Chief Bureau Officer is responsible for the Bureau's activities and accountable to the Commissioner under the Acts.

Essentially, a vetting disclosure may contain:

• A record of convictions (except excluded convictions – convictions more than 7 years old, including multiple convictions for minor e.g. certain road traffic offences (but there are also exclusions from this so that more serious offences do not become ‘spent’)); and

• ‘soft’ information in relation to bona fide concerns that have not led to a prosecution. In this case, the person can appeal disclosure of such information.

Soft information can be disclosed (if no appeal, or if an appeal is not sustained) if the Bureau considers it relevant to the work to be undertaken by the person and if it constitutes a record that shows risk which the employer in the Bureau’s opinion should be made aware of.

An Garda Síochána

Questions (203)

Carol Nolan

Question:

203. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 1042 of 9 September 2024, where she refers to the operation of hate crime legislation in neighbouring jurisdictions, if she is aware that the vast majority of offences are tried before a jury in England, while in Ireland, the vast majority of offences will be tried in the District Court in the absence of a jury; the reason she restricted her comments to trials by jury; and if she will make a statement on the matter. [38267/24]

Written answers

Minister for Justice

The Deputy will be aware that I recently announced proposals to amend the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 at Seanad Committee stage so that the Bill can move forward with the hate crime elements.

Ireland is one of the last countries in the EU not to have specific hate crime offences set out in law, yet we are witnessing increasing intolerance, hatred and violence towards marginalised and minority communities. The introduction of hate crime laws is widely supported by the public with all-island research, conducted by the University of Limerick and Queens University and published in December 2023, finding that more than two thirds of those surveyed are in favour of hate crime legislation.

Under the new proposals, the Bill will still provide for increased prison sentences for certain crimes, where it is proven that the motivation is hatred of a protected characteristic, or where hatred is demonstrated. For example, the new legislation will ensure that assault aggravated by hatred or damage to property aggravated by hatred will attract higher prison sentences. Where hatred is not proven, a person can still be charged with assault or damage to property.

It will still need to be proven beyond reasonable doubt that a person committed a hate crime in a court of law; it will not be the case that an assertion from a victim or affected party, that an offender demonstrated hatred in the commission of an offence, will be enough to categorise someone as a hate crime offender.

Development of this legislation was informed by a comprehensive consultation process over the last five years which has included consultation with authorities in neighbouring jurisdictions, including England and Wales which has had hate crime legislation in place for over two decades. The legislation there functions similarly to what I am proposing for Ireland on the basis of an aggravated offences model.

In England and Wales, and in Ireland, the extent to which the sentence is increased in the case of a hate-aggravated offence will depend on the seriousness of the aggravation. The seriousness of the offence, combined with the potential uplift in sentence determine which type of court will deal with the offence. In the UK, this might be a Magistrate’s court or a Crown Court - which has a jury present - and in Ireland it may be the District Court, Circuit Court or High Court depending on the seriousness. For a prosecution to succeed, the court will have to be convinced beyond reasonable doubt that a hate-aggravated offence has been committed.

It is unacceptable that in a modern democratic country people are being targeted and are living in fear simply because of who they are. We know that when this happens, it has an even more detrimental impact on that person than it does on victims of non-hate motivated crimes. I want to tell victims that we are determined to stamp out hate motivated crimes and that we, as a nation, are determined to protect vulnerable communities.

Social Welfare Benefits

Questions (204, 205, 206)

Claire Kerrane

Question:

204. Deputy Claire Kerrane asked the Minister for Justice the legal basis on which non-means-tested benefits are being provided to Ukrainian nationals in a manner that appears to contravene the provisions of the International Protection Act 2015; and if she will make a statement on the matter. [38334/24]

Claire Kerrane

Question:

205. Deputy Claire Kerrane asked the Minister for Justice to explain, in terms of non-means-tested benefits being provided to Ukrainian nationals, how the Government justifies this preferential treatment, which results in unequal and potentially discriminatory treatment of Irish citizens, who contribute to the State; and if she will make a statement on the matter. [38336/24]

Claire Kerrane

Question:

206. Deputy Claire Kerrane asked the Minister for Justice to explain, in terms of non-means-tested benefits being provided to Ukrainian nationals, what steps will be taken to rectify this disparity and ensure that there is equality of access to supports for all; and if she will make a statement on the matter. [38338/24]

Written answers

Minister for Justice

I propose to take Questions Nos. 204, 205 and 206 together.

As the Deputy will be aware, the EU Temporary Protection Directive (2001/55/EC) was activated by the EU Council in March 2022 in response to the Russian aggression against Ukraine. The Directive establishes the minimum standards of protection to be provided by Member States in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin. At a meeting of EU Home Affairs Ministers on 13 June 2024, political agreement was reached to extend the Temporary Protection Directive until March 2026.Those fleeing the conflict in Ukraine and who meet the criteria set out in the Council Implementing Decision (EU) 2022/382) are eligible for this temporary protection, initially for one year and on a renewable basis, as long as the Temporary Protection Directive remains activated. The Directive places specific obligations on all EU Member States, including Ireland, regarding the state supports and services Beneficiaries of Temporary Protection (BoTPs) should receive. These include accommodation, access to the labour market, and social welfare support. In Ireland, the Directive is given legal effect under Section 60 of the International Protection Act 2015, which provides, among other things, that BoTPs are entitled to receive, subject to the same conditions as Irish citizens, the same social welfare benefits as Irish citizens, except where they are resident in a designated accommodation centre.

The provision of specific social welfare or other supports to BoTPs does not fall under the remit of my Department.

Question No. 205 answered with Question No. 204.

• Written Answers Nos. 159-183
• Written Answers Nos. 206-225